HomeMy WebLinkAbout07-003 - KPG Inc - Private Storm System Adoption / Drainage Design07-003(b)
Council Approval N/A
SUPPLEMENTAL AGREEMENT NO. 2
to ..
CONSULTANT AGREEMENT NO. 07-003 b
THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila,
Washington, herein -after referred to as "the City", and KPG, Inc., hereinafter referred to as "the
Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
The City desires to supplement the agreement entered into with the Consultant and executed on
January 10, 2007 and identified as Agreement No. 07-003. All provisions in the basic agreement
remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Time for Performance, shall be modified as follows:
Project completion date shall be December 31, 2010.
DATED this o?`7 day of leCIATvte,K , 2009.
CITY OF TUKWILA CONSULTANT
By:
.�J
Printed Name: AC -1)30,3
VA -ll S
Title: (74- k -P4
/51- 04"rU�.}c-S
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SUPPLEMENTAL AGREEMENT NO. 1
AGREEMENT No. 07-003
PROJECT No. 06-DRO3
City of Tukwila
Public Works Department
6300 Southcenter Boulevard #100
Tukwila, WA 98188
KPG, Inc
753 - 9th Avenue N
Seattle, WA 98109
PROJECT' Pnvate Storm System Adoption Program — Design Services
This SUPPLEMENTAL AGREEMENT NO 1 is to supplement the agreement entered mto with KPG,
Inc and the City of Tukwila, which was executed on the 10th day of January, 2007
All provisions m the basic agreement remain m effect, except as expressly modified as follows.
Article 3, Time for Performance, shall be modified as follows.
Project completion date shall be December 31 2009
IN WITNESS WHEREOF the parties hereto have set their hands and seals this d day
of N 209'8-p�
APPROVED.
CITY OF TUKWILA
WcP—"rs-74--
Jim ° be on '7/
Nelson Da is, P.E.
May Prmcipal
APPROVED.
KPG,1NC
Attested.
Christy O'Flaherty City Clerk J
/s; Cl 2 6-X76/&,&_s
M
07— 003
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CONSULTANT AGREEMENT FOR
DRAINAGE DESIGN SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred
to as "the City", and KPG, Inc , hereinafter referred to as "the Consultant", in consideration of the
mutual benefits, terms, and conditions heremafter specified.
1 Project Designation. The Consultant is retained by the City to perform drainage design
services in connection with the project titled Private Storm System Adoption.
2 Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, matenals, equipment and supplies.
3 Time for Performance. Work under this contract shall commence upon the giving of written
notice by the City to the Consultant to proceed. The Consultant shall perform all services and
provide all work product required pursuant to this Agreement withm 730 calendar days from
the date written notice is given to proceed, unless an extension of such time is granted in
writing by the City
4 Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows.
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $150,000 for calendar year 2007 and $223,033 75 for the entire contract without
express wntten modification of the Agreement signed by the City
B The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City
D Payment is provided in this section shall be full compensation for work performed,
services rendered, and for all matenals, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertammg to this Agreement are to be kept
available for inspection by representatives of the City and state for a period of three (3)
years after final payments. Copies shall be made available upon request.
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5 Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant m connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawmgs, specifications or other matenals by the City on any project other than
the project specified m this Agreement.
6 Compliance with Laws. The Consultant shall, m performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this Agreement.
7 Indemnification. The Consultant shall indemmfy, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability,
including attorney's fees, ansmg from injury or death to persons or damage to property
occasioned by any act, omission or failure of the Consultant, its officers, agents and
employees, in performing the work required by this Agreement. With respect to the perform-
ance of this Agreement and as to claims against the City, its officers, agents and employees,
the Consultant expressly waives its immunity under Title 51 of the Revised Code of
Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the
obligation to indemnify, defend and hold harmless provided for in this paragraph extends to
any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually
negotiated by the parties. This paragraph shall not apply to any damage resulting from the
sole negligence of the City, its agents and employees. To the extent any of the damages
referenced by this paragraph were caused by or resulted from the concurrent negligence of the
City, its agents or employees, this obligation to mdemnify, defend and hold harmless is valid
and enforceable only to the extent of the negligence of the Consultant, its officers, agents and
employees.
8 Insurance. The Consultant shall secure and maintain m force throughout the duration of this
contract comprehensive general liability insurance, with a minimum coverage of $500,000 per
occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/
aggregate for property damage, and professional liability insurance in the amount of
$1,000,000
Said general liability policy shall name the City of Tukwila as an additional named insured
and shall include a provision prohibiting cancellation of said policy except upon thirty (30)
days prior written notice to the City Certificates of coverage as required by this section shall
be delivered to the City within fifteen (15) days of execution of this Agreement.
9 Independent Contractor The Consultant and the City agree that the Consultant is an inde-
pendent contractor with respect to the services provided pursuant to this Agreement. Nothing
in this Agreement shall be considered to create the relationship of employer and employee
between the parties hereto Neither the Consultant nor any employee of the Consultant shall
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be entitled to any benefits accorded City employees by virtue of the services provided under
this Agreement. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to the Consultant, or any
employee of the Consultant.
10 Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or makmg of this contract. For breach or violation of this warrant,
the City shall have the nght to annul this contract without hability, or in its discretion to
deduct from the contract pnce or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
11 Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City
13 Non -Waiver Waiver by the City of any provision of this Agreement or any time limitation
provided for m this Agreement shall not constitute a waiver of any other provision.
14 Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days wntten notice to the Consultant.
B In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15 Attorneys Fees and Costs. In the event either party shall bring suit against the other to
enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to
recover its costs, including reasonable attorney's fees, incurred in such suit from the losmg
party
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16 Notices. Notices to the City of Tukwila shall be sent to the following address
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address.
KPG, Inc.
753 - 9th Avenue N
Seattle, WA 98109
17 Integrated Agreement. This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Consultant and supersedes all
pnor negotiations, representations, or agreements wntten or oral. This Agreement may be
amended only by written mstrument signed by both the City and the Consultant.
DATED this /Q day of
CITY OF TUKWILA
Steven M. Mullet, Mayor
Attest/Authenticated.
r Ts
E. Cantu, MC, City Clerk
, 20(}� C�
CONSULTANT
By•
Nelson Davis
Principal
Title.
Approved as to Form.
Office of the City Attorney
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Exhibit A
City of Tukwila
Private Storm System Adoption
2007-2009
Scope of Work
November 29, 2006
KPG
The City of Tukwila has identified approximately 25 locations throughout the City where
the public storm drainage system is routed through private parcels Throughout 2006,
City maintenance staff has videotaped these systems to determine any necessary
repairs or maintenance needs that may be required The purpose of this Contract is to
secure all necessary easements and provide appropriate repairs/replacements for
continued operation of these systems
Based on the results of the video inspections, the projects are grouped to 3 separate
categories depending on the level of maintenance required The scope of work for
each of the groups, including approach and budgeting assumptions are summarized
below.
GROUP A PROJECTS — EASEMENT VERIFICATION / PREPARATION ONLY
10 of the 25 sites have drainage systems in good structural repair and are only in need
of easement documentation The locations of these sites are generally described on
the attached project summary and will include the following scope of services
• Perform deed research to determine if the existing drainage systems are
contained within drainage easements on the private parcels For budgeting
purposes, we have estimated that each of the 25 sites contains an average of 3
parcels (75 parcels total) and that title reports will be required for each parcel
• Provide any necessary field work to determine the location of the existing /
repaired drainage system relative to the private parcel lines for all parcels
requiring easements For budgeting purposes, we have assumed that all of the
parcels will require new easements, requiring an average of 8 hours of survey
time for each of the sites
• Prepare legal descriptions and exhibits for each parcel, signed and stamped by a
Professional Land Surveyor licensed in the State of Washington
• Assemble easement documents, prepare a cover letter, and mail documents to
the property owner for signature Easement language and mailing addresses will
be provided by the City An allowance of approximately $25,000 has been
included for assisting the City with property owner meetings, contacts, etc that
may be required to obtain signatures
City of Tukwila KPG
Private Storm System Adoption 1 of 3 November 29 2007
• Exhibit A •
GROUP B PROJECTS — EASEMENT VERIFICATION / PREPARATION AND SLIPLINE REPAIR
9 of the 25 sites have drainage systems that are generally functioning, but in need of
sliplining or similar in-situ repairs Each of these sites will require easement verification
/ preparation as described for the Group A projects, as well as preparation of plans,
specifications, and estimates for bid and construction of the repairs The locations of
these sites are generally described on the attached project summary and will include
the following scope of services
• Prepare plans, specifications, and estimates for each site Plans will be based
on GIS aerial maps provided by the City and supplemented with the pipe
locations obtained during the easement survey No topographic surveying is
anticipated for these projects
GROUP C PROJECTS — EASEMENT VERIFICATION / PREPARATION AND REPLACE / RE-ROUTE
6 of the 25 sites have drainage systems that are in very poor structural repair and will
require replacement or re-routing Each of these sites will require easement verification
/ preparation as described for the Group A projects, as well as preparation of plans,
specifications, and estimates for bid and construction of the replacements The
locations of these sites are generally described on the attached project summary and
will include the following scope of services
• Prepare plans, specifications, and estimates for each site Plans will be based
on topographic survey of each of the project sites prepared by the Consultant.
Project horizontal and vertical datum will be assumed on all projects
It is our understanding that none of the projects will require biological assessments,
additional permits, detention facilities, or water quality treatment facilities
It is anticipated that the Group B and C projects will be bid through as many as 3
separate bid packages in 2007, 2008, and 2009 Projects will be prioritized based on
available budget and other factors (such as utility relocation needs, easements, etc) to
achieve a realistic schedule and project listing implementation of these repairs
For Group B and C projects, the Consultant shall submit 90% plan, specification, and
estimate submittals for City review prior to bidding The City may reprioritize the
projects based on estimated costs and available budget.
Due to the large number of parcels and uncertainties with easement status and actual
field conditions, budgeting assumptions are summarized on Exhibit B The Consultant
shall notify the City of any issues affecting budget as they become known prior to
proceeding with work that may increase the project scope and cost.
City of Tukwila KPG
2 of 3 November 29 2007
Private Storm System Adoption
• Exhibit A •
Deliverables
The Consultant shall provide the following deliverables
• Legal descriptions and exhibits for all sites requiring easements
• Cover letter for mailing to property owners
• Assistance with negotiations
• 5 copies, 90% Plans, Specifications and Estimates (Group B and C only)
• Camera ready bid documents (1/2 size plans) for on line bidding
• Full size mylar plans for City records
The City shall provide the following items
• GIS information
• Existing utility information, as available
• Plan reviews and comments
• Easement negotiations, if required
City of Tukwila KPG
Private Storm System Adoption 3 of 3 November 29 2007
PRIVATE STORM SYSTEM ADOPTION
AND REHABILITATION PROGRAM
PROJECT No. 06-DRO3
GROUP A PROJECTS
EASEMENT VERIFICATION/PREPARATION ONLY
Page 1 of 3
1) 32nd to 33rd Ave S between S 132nd & S 130th St at 13200 32nd — 12" CMP pipe,
appears to go under house and across two yards (not under house and in good
shape) See Map #15, page 41
2) S 144th St at Foster High School, area next to Fire Station #54 — 18" concrete pipe
from S 144th St to S 146th St (pipe m good shape) See Map #10, page 35-37
3) 24" CMP from TIB to Macadam, then through storage yard to S 154th St, then to
West Colomal Village apartments through apartment complex to 40th Ave S (good
shape) See Map #5, page 20-25
4) 43rd Place S at 15900 — 12" concrete pipe from driveway under carport down very
steep slope to new system on S 158th St (does not go under carport — good shape)
See Map #16, page 48
5) 54th Ave S above I-5 — 24" ductile pipe from 54th Ave S to I-5 See Map #18, page
53
6) S 164th St to 53rd Place S — 12" concrete pipe (good shape) See Map #17, page 49-
50
7) Gilham Creek pipe from S 154th St to I-5 under storage yard, under 52" Ave S,
around office building (good shape) See Map #2, page 10-14
8) 12" CMP pipe uphill from Macadam Road at about S 138th St from 4'X4' box
culvert manhole (looks good) No map
9) 12" concrete pipe from 34th Ave S up to 33rd Ave S creek around house into pipe
(good shape). See Map #15, page 44
10)12" concrete pipe from 57th Ave S near Tukwila Elementary School area runs
through yard (good shape). See Map #21, page 66
• •
PRIVATE STORM SYSTEM ADOPTION
AND REHABILITATION PROGRAM
PROJECT No. 06-DRO3
GROUP B PROJECTS
EASEMENT VERIFICATION/
PREPARATION AND SLIPLINE REPAIR
Page 2 of 3
1) 38th Ave S, at the end, south of S 130th St, below 37th Ave S — 28" concrete pipe
under shed and yard and across three properties (replace two manholes). See Map
#4, pages 17-19
2) 33rd to 34th Ave S, between S 132nd & S 130th St — 12" mismatched pipe goes
through yards and under mobile home (reroute system) See Map #15, pages 41-43
3) S 142" St, off Military Road —1255 concrete pipe from cul-de-sac to 33rd Ave S,
pipe through yard and under shed (repair roots) Not under shed! See Map #13, page
32.
4) 42" Ave S at 14826 — 24" CMP pipe though yard to north fork of Gilham Creek
above S 150th St (replace rotten pipe) See Map #7, pages 28-30
5) Thorndyke Elementary School on S 150th St — 12" & 24" concrete pipe from S 150th
St through schoolyard to behmd the apartment complex on S/C Blvd., Park Place by
the Woods (repair root problems on the 24") See Map #20, pages 59-63 & 67-68
6) S 162nd St between 46th & 47th Ave S, trail area —1255 concrete pipe (replace first
and last 30 feet) See Map #12, page 51 -52 -and 54-55
7) Evergreen Foods — 36" CMP, TIB to creek (total replacement). See Map #3, pages
15-16
8) From S 146th St, behind hedge, towards S 144th St — 12" concrete pipe (total
replacement) See map #9, pages 57-58
9) East Marginal Way 36" CMP storm line from S 124th St to SR599
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PRIVATE STORM SYSTEM ADOPTION
AND REHABILITATION PROGRAM
PROJECT No. 06-DRO3
GROUP C PROJECTS
EASEMENT VERIFICATION / PREPARATION
and REPLACE/REROUTE
Page 3 of 3
1) S 128th St and the old Becker Trucking Company yard area — 18" CMP pipe under
yard area. See Map #8, pages 31, 33 and 34
2) 33`d Place S and S 141st St, between S 140 St & 35th Ave S — 12" concrete pipe
appears to go under house (does not go under house) See Map #11, pages 38 and
45
3) 34th and 33rd Ave S by signpost address 3432 — 12" concrete pipe between house to
35th Ave S See Map #11, pages 46 and 47
4) 38th Ave S just east of 37th Ave S — 12" concrete pipe from 38th Ave S through yards
to TIB Looks good. No Map
5) S 163rd St to Slade Way — 12" concrete (slip lme) See Map #14, page 40
6) S 116th St east from 42nd Ave S — 18" CMP (add manhole and slip lme) See Map
#19, page 56
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Management, coordination, administration (10%) $ 17,042.70
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