HomeMy WebLinkAboutUtilities 2011-01-25 COMPLETE AGENDA PACKET Distribution:
0
4tLA w City of Tukwila D. Quinn A. Le
;mss D. Robertson S. Kerslake
i n n, Utilities Committee K. Hougardy
C. Parrish
C r
Mayor Haggerton B. Arthur
I S. Lancaster A. Ekberg
De Quinn, Chair
Dennis Robertson K. Matej Clerk File Copy
B. Giberson 2 Extra
i9o: F.lriarte
R. Tischmak e-mail to: C. O'Flaherty,
Kathy Hougardy G. Labanara D. Almberg Dideon,
B. Saxton, S. Norris,
M. Hart, S. Kirby
AGENDA
TUESDAY, JANUARY 25, 2011
Time: 5 :00 PM Place: Conference Room #1
it Item 7 Recom'rnendedActiow- a 'P "ige
1. PRESENTATION(S)
2. BUSINESS. AGENDA
a. E Marginal Way S Stormwater Outfalls a. Forward to 2/14/11 C.O.W. Pg- 1
Consultant Recommendation and Agreement and 2/22/11 Regular
b. 2011 Annual Small Drainage Program b. Forward to 2/14/11 C.O.W. Pg- 13
Consultant Recommendation and Agreement and 2/22/11 Regular
c. 2011 Utilities Work Plan c. Information Only Pg. 25
3. ANNOUNCEMENT(S)
4. MISCELLANEOUS
Future Agendas:
Next Scheduled Meeting: Tuesday, February 15, 2011
Committee Goals:
Study the feasibility and implementation of televised City Council meetings.
4• Continue to foster relationships within local, regional, and state entities that encourage opportunities for
joint partnership and outreach.
The City of Tukwila strives to accommodate individuals with disabilities.
Please contact the Public Works Department at 206 433 -0179 for assistance.
J ��IIL A y
o p City of Tukwila
Jim Haggerton, Mayor
29o1 INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
UTILITIES COMMITTEE
FROM: Public Works Director r
DATE: January 18, 2011
SUBJECT: East Marainal Wav S Stormwater Outfalls
Project No. 91041204
Consultant Recommendation and Agreement
ISSUE
Approve a Consultant Agreement with GHD, Inc. to study outfall issues along East Marginal Way South
and provide recommendations.
BACKGROUND
Drainage along the northern portion of East Marginal Way South is conveyed to the Duwamish River
across private property through four separate outfalls. These outfalls are owned by The Boeing
Company, Jorgensen Forge, and the King County International Airport. The Jorgensen Forge outfall is
being closed by the end of January under an order by the Environmental Protection Agency (EPA) related
to contaminated sediment within the pipe as part of the Superfund cleanup of the Lower Duwamish. The
Boeing Company has offered to give the City their 48" "Z- Line" outfall pipe since they will no longer be
using it following site demolition work at Plant 2. The King County International Airport is requesting that
the City perform a capacity analysis and enter into an agreement for the use of the two remaining outfalls.
ANALYSIS
City surface water infrastructure was tied into these four outfall pipes as part of the East Marginal Way
roadway work that the City completed in 1996. Agreements for these connections need to be obtained
for three of the outfalls and an alternate outfall needs to be established for the closure of the Jorgensen
Forge outfall.
The current consultant roster was reviewed and three firms were short- listed to perform this study. The
firms were: GHD, PACE Engineers, and Parametrix. GHD was selected as the firm that best met the
requirements for this type of project. GHD has performed similar work for other cities. Staff has met with
the proposed Project Manager and developed a scope of work for this project that includes developing
recommended alternatives with costs to solve each of the outfall issues.
BUDGET SUMMARY
This project will be funded through the 412 Surface Water Fund.
Cost Budget (20111
GHD, Inc. 45,000.00 50,000.00
RECOMMENDATION
The Council is being asked to approve a Consultant Agreement with GHD, Inc. in the amount of
$45,000.00 for consideration at the February 14, 2011 Committee of the Whole meeting and subsequent
February 22, 2011 Regular Meeting.
Attachments: Page 151, 2011 -2016 CIP
Area Map
Consultant Agreement
W' \PW Eng \PROJECTSW- DR Projects\91041204 East Marginal Way Stormwater Outfallslinfo Memo East Marginal Way S. doc
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2011 to 2016
PROJECT: East Marginal Wy S Stormwater Outfalls Project No. 91041204
DESCRIPTION: Establish legal drainage connections from East Marginal Way South to the Duwamish River.
JUSTIFICATION: Drainage from E Marginal Wy S is discharged through outfalls owned and operated by the Boeing Co., Jorgensen
Forge, and two King County Airport storm systems without easements.
STATUS: Jorgensen Forge outfall was closed in 2010 under an order from the US EPA. The Boeing Company contracted the
City in 2009 requesting that the City take over ownership of their storm line and outfall.
MAINT. IMPACT: Clarifies maintenance responsibility and will ensure reliability of system.
COMMENT:
FINANCIAL Through Estimated
(in $000's) 2009 2010 2011 2012 2013 2014 2015 2016 BEYOND TOTAL
EXPENSES
Design 18 20 50 30 80 198
Land (R/W)
0
Const. Mgmt. 20 20
Construction 210 430 640
TOTAL EXPENSES 18 20 50 0 260 0 0 0 510 858
FUND SOURCES
Awarded Grant 0
Proposed Grant 0
Mitigation Actual 0
Mitigation Expected 0
Utility Revenue 18 20 50 0 260 0 0 0 510 858
TOTAL SOURCES 18 20 50 0 260 0 0 0 510 858
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East Marginal Way S. Stormwater Outfalls
Date: January 19, 2011
CONSULTANT AGREEMENT FOR
ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred
to as "the City and GHD Inc., hereinafter referred to as "the Consultant in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform engineering services
in connection with the project titled East Marginal Way Drainage and Outfall Analysis.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, 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 within 150 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 $44,985.00 without express written 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 materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining 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.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in 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, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in 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 indemnify and hold harmless the City, its officers,
agents and employees, from and against any and all claims, losses or liability, including
attorney's fees, arising from injury or death to persons or damage to property occasioned by
any negligent act, omission, breach of contract, or failure of the Consultant, its officers, agents
and employees, in performing the work required by this Agreement. With respect to the
performance 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 indemnify, 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 in 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 insured.
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
independent 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 be entitled to any benefits accorded City employees by virtue of the services
2
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 making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct from the contract price 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 in 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 written 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 losing
party.
3
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:
GHD
1201 Third Avenue, Suite 1500
Seattle, Washington 98101
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
prior negotiations, representations, or agreements written or oral. This Agreement may be
amended only by written instrument signed by both the City and the Consultant.
DATED this day of 2011.
CITY OF TUKWILA GHD Inc.
By:
Mayor
Printed Name:
Title:
Attest/Authenticated: Approved as to Form:
City Clerk Office of the City Attorney
4
EXHIBIT A
SCOPE OF WORK
FOR
City of Tukwila, Washington
East Marginal Way Drainage and Outfall Analysis
LOCATION OF WORK SITE: East Marginal Way between S. 194`' and the north city limits
OBJECTIVE: Complete an alternatives analysis report including concept level project costs and
recommendations.
BACKGROUND: Roadway drainage systems improvements constructed as part of the City of Tukwila's East
Marginal Way South Street Improvement Project (Project No. 90 -RW02) directed roadway runoff to the
Duwamish River through four outfalls. Two of these outfalls are owned by King County and two are privately
owned. The privately owned outfalls are associated with Boeing's Plant 2 and the Jorgenson Forge facilities.
Prior investigations conducted on behalf of the City have evaluated stormwater and sediment quality associated
with the privately owned outfalls.
The City is disconnecting the East Marginal Way drainage system from the outfall on the Jorgenson Forge
property in late January 2011. As a temporary condition, the City plans to allow the drainage system to store
runoff until it reaches an overflow weir when it will spill over and discharge into the southern part of the
drainage system and eventually discharge through one of the King County outfalls. The City has asked GHD to
perform an analysis which will evaluate short- and long -term remedies for redirecting flows from the Jorgenson
Outfall and to recommend approaches to managing drainage at each of the four outfalls.
The City is considering taking ownership of Boeing's Z -line outfall. Boeing is eliminating discharge of its
runoff to this outfall and has offered the outfall to the City. If the City takes ownership of the outfall, the pipe
may require lining for a portion or all of its length to prevent mobilization of contaminants that may enter the
pipe.
The diversion of storm runoff from the Jorgenson outfall south to the King County outfall at the Boeing Issacson
property will necessitate evaluation of the hydraulic adequacy of this outfall to accept the additional runoff, an
assessment of appropriate water quality treatment measures, and an estimate of capital and operating costs to
implement improvements.
TASKS AND WORK PRODUCTS: GHD will furnish services and labor necessary to complete the following
tasks:
Task 1. Proiect Management and Administration
Approach:
GHD is responsible for management, administration, and coordination of the work defined in this Scope. This
task represents the labor and expenses associated with scheduling, coordinating, reporting, and communicating
with the City regarding the services for this work. The work is assumed to not exceed four (4) months in
duration.
Specific Work Tasks:
This task includes activities necessary to manage and administer this work assignment once it is approved.
Ongoing project management activities will include:
Project set -up activities including project files and accounting.
1
Preparation of brief monthly status reports. Four reports have been assumed.
Internal project management and status recording including monitoring the progress of the scope,
budget, and schedule for this project.
Ongoing record keeping and filing in accordance with established policies for this contract.
Client communications and progress meetings.
Project close -out.
Deliverables:
Monthly invoices over the term of this work assignment.
Monthly status reports including updated project schedules delivered as part of progress reports.
Task 2: Outfall Analysis Report
Specific Work Tasks:
GHD will perform the following:
Obtain and compile existing drainage systems data available from the City and King County.
Perform site visit to verify base mapping and define field conditions.
Identify any additional survey needed to complete alternatives analysis.
Develop alternatives that will address drainage needs for the East Marginal roadway tributary to the four
outfalls. Alternatives may include some of these preliminary options:
Use of the Z -line.
Reverse flow into King County Airport storm drainage system
Replacement of the Jorgenson outfall (following site remediation)
Connection to King County outfall
Construction of a new outfall or outalls
Evaluate alternatives by considering constructability, maintenance and operational features, capital and
operating costs, level of service, and comparative risks and benefits.
Perform hydrologic and hydraulic analyses, utilizing the XPSWMM model, to define capacities and
assess anticipated performance and level of service in the drainage system:
Under temporary drainage conditions, i.e. weir overflow into King County outfall
For the various alternatives considered
For the recommended alternative
Prepare draft and final report to document the analyses and:
Characterize the drainage conditions and needs in the project area
Define and evaluate available short- and long -term alternatives
Include planning level cost estimates for each alternative
Provide recommendations for both short and long -term implementation
Assumptions:
City will provide the following at the outset of the work:
GIS data (including topographic information, drainage network, outfall locations, pump station
locations, surface drainage information, aerial photographs, and property data)
Background reports relevant to alternatives analysis
East Marginal Way storm drainage system construction drawings
CCTV inspection information for Z -line
1/19/2011 2 EMW Outfalls Scope.doc
Relevant water quality data, if available
Access to City Operations Staff to field review City facilities
GHD will submit a draft version of the report to the City, so that the City can review and comment. GHD will
incorporate comments from the draft review into the final version of the report.
Deliverables:
Meeting notes for project review meetings (2 meetings assumed)
Three (3) copies of draft report for review.
One (1) electronic copy and five (5) hard copies of the final report.
ANTICIPATED SCHEDULE
Authorization to begin work March 1, 2011
Task 2: Draft Outfalls Analysis Report May 13, 2011
Comments on Draft Report from the City June 3, 2011
Final Report submittal June 17, 2011
1/19/2011 3 EMW Outfalls Scope.doc
HOUR AND FEE ESTIMATE EXHIBIT B
City of Tukwila prepared by GHD
Budget for East Marginal Way Outfall Analysis
Task 1 Project Management and Administration
Hours Rates
Rick Schaefer Project Director 1 $235.00 $235.00
Megan Holcomb Job Manager 28 $145.00 $4,060.00
1Kirk Smith Technical Suoport 0 $165.00 $0.00
1W. Rav Edralin Staff Engineer 0 $125.00 $0.00
John Maestas CADD GIS Support 0 $115.00 $0.00
Nicole Pierson Admin Support 8 $75.00 $600.00
TASK TOTAL „y, c: $4,895:00;
37
Task 2 Outfall Analysis Report
k
1 Hours Rates
1Rick Schaefer Project Director 20 $235.00 $4,700.00
1Megan Holcomb Job Manager 120 $145.00 $17,400.00
(Kirk Smith Technical Support 30 $165.00 $4,950.00
W. Rav Edralin Staff Engineer 76 $125.00 $9,500.001
John Maestas CADD GIS Support 26 $115.00 $2,990.001
Nicole Pierson Admin Support 6 $75.00 $450.001
TASK TOTAL Y i0'9';'64'6 00
278
!TOTAL LABOR 315 444,885.00
Travel: Parking, Mileage,
DIRECT EXPENSES: etc. $60.00
!Postage Delivery $25.001
!Miscellaneous $15.001
1Outside Reproduction $0.001
!TOTAL EXPENSES `'N 15100.
Total Fee 544,985.00
011 wQSy City of Tukwila
Jim Haggerton, Mayor
4,0A
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Utilities Committee
FROM: Public Works Director 1
DATE: January 19, 2011
SUBJECT: 2011 Annual Small Drainage Program
Project No, 91041201
Consultant Recommendation Agreement
ISSUE
Approve KPG, Inc. to design the 2011 Annual Small Drainage Program.
BACKGROUND
The Annual Small Drainage Program repairs surface water projects that are identified through maintenance activities as well as
citizen complaints. This year, we are proposing the design of five projects for construction in 2011. Construction of these
projects will be combined with the Small Drainage projects from 2010 that were delayed due to permitting and time constraints.
DISCUSSION
Public Works staff reviewed the list of known system deficiencies and compiled a list of five projects for design and construction
in 2011. The five projects selected are:
1. 40th Ave S Pipe Relining 4. Gilliam Creek at Andover Park East Trash Rack
2. Allentown Pipe Relining 5. East Marginal Way S (Museum of Flight) Drainage
3. S 150th St Drainage (complete overlay from TIB to 42nd Ave S)
The current Consultant Roster was reviewed and three firms were short- listed to design the selected five projects. The firms
were: KPG Inc., PACE Engineers, and Parametrix. The Summary of Qualifications was evaluated for each firm and KPG, Inc.
was selected as the firm that best met the requirements of this type of project. KPG, Inc. has designed the Annual Small
Drainage Program since 1991 and Public Works staff continues to be very satisfied with their work. KPG, Inc. has a good
working relationship with the Washington Department of Fish and Wildlife, is knowledgeable of City requirements, remains
flexible to design changes, and continues to complete designs within the contract amount.
It is recommended that KPG Inc. design the 2011 Annual Small Drainage Program for a fee of $74,996.04. As only $60,000.00
is budgeted for design, construction funds will be used to supplement the budget. Additional funds are necessary to design the
3 site on S 150th St to include a new drainage system.
BUDGET SUMMARY
Contract Budget
Design 74,996.04 60,000.00
Construction Management 80,000.00
Construction 971,000.00
Total 74.996.04 1.111.000.00
RECOMMENDATION
The Council is being asked to approve this design agreement with KPG, Inc. in the amount of $74,996.04 for the 2011 Annual
Small Drainage Program and consider this item at the February 14, 2011 Committee of the Whole meeting and subsequent
February 22, 2011 Regular Meeting.
Attachments: Location Map
Consultant Agreement
W \PW Eng PROJECTS \A- DR Projects191041201 (Small Drainage 2010- 2011)\ Design \Design 2011 \INFORMATION MEMO 2011 doc
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 hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform drainage design
services in connection with the project titled 2011 Annual Small Drainage Program.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, 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 within 365 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 $74,996.04 without express written 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 materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining 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.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in 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, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in 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 indemnify, 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, arising 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 indemnify, 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 in 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
be entitled to any benefits accorded City employees by virtue of the services provided under
2
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 making of this contract. For breach or violation of this
warrant, the City shall have the right to annul this contract without liability, or in its
discretion to deduct from the contract price 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 in 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 written notice to the Consultant.
13. 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 losing
party.
3
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
prior negotiations, representations, or agreements written or oral. This Agreement may be
amended only by written instrument signed by both the City and the Consultant.
DATED this day of 2010
CITY OF TUKWILA CONSULTANT
By:
Jim Haggerton, Mayor Nelson Davis, KPG
Principal
Title:
Attest /Authenticated: Approved as to Form:
Christy O'Flaherty, CMC, City Clerk Office of the City Attorney
4
EXHIBIT A
City of Tukwila
2011 Small Drainage Program
Scope of Work
January 18, 2011
PROJECT DESCRIPTION
The Consultant shall prepare final Plans, Specifications and Estimates for the 2011 Small Drainage
Program. The project will include the following sites:
40 Ave S Pipe Relining Reline 36" CMP culvert under 40` Ave S just north of S 137 St
Allentown Pipe Relining Reline 400 ft of 36" pipe near Allentown Pump Station
S 150 St Drainage New drainage system from TIB to 42 Ave S
Gilliam Ck at APE Trash Rack New trash rack near Andover Park East
EMW (Museum of Flight) Drainage Replace drainage system near Museum of Flight.
The Consultant shall provide necessary surveying, project design, quantity and cost estimates, utility
coordination and permit coordination required to complete final bid documents. It is anticipated that sites
will be bid as a single bid package combined with the 2010 Small Drainage Program as budget or other
considerations allow. Sites will be prioritized based on available budget and other factors such as: permit
complexity, utility relocation needs, and easement requirements to achieve a realistic site listing for the
2011 Small Drainage Program.
The Consultant shall provide surveyed base maps with horizontal utility locations, or base maps created
from field measurements, ortho photography, and GIS data as necessary for each site. If necessary,
surveyed base maps will include right -of -way line work. Project horizontal and vertical datum will be
assumed on all sites.
The Consultant shall provide assistance to the City with preparation of a SEPA checklist, JARPA
application, and coordination with Washington Department of Fish and Wildlife and the US Army Corps
of Engineers for sites 1, 2, and 4.
For the 2011 Small Drainage Program, the Consultant shall submit a 50% Review Submittal (plans and
estimate only), and a 90% Review Submittal that includes plan, specifications and estimate to the City for
review prior to bidding.
It is the Consultants understanding that none of the 2011 Small Drainage Program sites require biological
assessments, additional permits beyond those listed, wetland delineations, geotechnical review, detention
facilities, or water quality treatment facilities. The budget assumes a straightforward approval process
with no special studies or extensive coordination.
City of Tukwila KPG, Inc.
2011 Small Drainage Program Page 1 of 4 January 18, 2011
SCOPE OF WORK
TASK 1 2011 Small Drainage Program Design
1.1 MANAGEMENT /COORDINATION /ADMINISTRATION
The Consultant shall provide continuous project management and administration for the
duration of the Project. (Estimate 4 months).
Hold project coordination meetings with the City to update progress and review
submittals. Assume (3) meetings.
The Consultant shall provide monthly status reports and billings.
The Consultant shall provide independent QA/QC reviews by senior in -house staff of all
deliverables prior to submittal to the City.
1.2 TOPOGRAPHIC SURVEY/UTILITY LOCATES
The Consultant shall prepare base maps for each 2011 Small Drainage Program site using
the following methods:
o 40th Ave S Pipe Relining Base map prepared using field measurements, GIS
data, and ortho photography.
o Allentown Pipe Relining Base map prepared using field measurements, GIS
data, and ortho photography
o S 150th St Drainage Surveyed base map with horizontal utility locations and
right -of -way line work based on available assessor information.
o Gilliam Creek at Andover Park East Trash Rack Base map prepared using field
measurements, GIS data, and ortho photography.
o East Marginal Way (Museum of Flight) Drainage Surveyed base map with
horizontal utility locations.
Assumptions:
o The City shall complete the one -call utility locate request for each site and
coordinate the completion of utility locates in preparation for surveying.
o Horizontal and vertical datum will be assumed for each project location.
o Survey will not be required for 40 Ave S Pipe Relining, Allentown Pipe
Relining, or Gilliam Creek Trash Rack.
o Right -of -Way lines will only be provided on S. 150 Street.
o The City shall provide the Consultant with all available GIS data, ortho-
photography, and as -built information needed to complete base mapping.
City of Tukwila KPG, Inc.
2011 Small Drainage Program Page 2 of 4 January 18, 2011
1.3 PREPARE PLANS
The Consultant shall prepare final Plans for the proposed improvements including the
following:
o Plans shall be prepared with such provisions in such detail as to permit field layout
and construction within a degree of accuracy acceptable to the City and per industry
standards.
o It is assumed there will be thirteen (13) plan sheets at 1 =20' scale full size (22" X
34 1 =40' at reduced scale (11" X 17
o Details will be prepared for items not available as standard details from the City,
State, or WSDOT standard drawings.
o The plans shall illustrate complete details of construction of the proposed
improvements including limits of construction and removals, proposed invert
elevations, rim elevations and required construction materials.
o Drainage designs will be determined through consultation with City staff and from
previous experience rather than detailed basin modeling.
Assumptions
o No federal funding is anticipated for the Project engineering or construction.
o No utility upgrades are anticipated in the project design.
o Drainage Water Quality Reports will not be required.
o Geotechnical Engineering services will not be required.
o Potholing of existing underground utilities will not be required.
1.4 2011 SMALL DRAINAGE PROGRAM FINAL DESIGN
The Consultant shall conduct QA/QC and constructability reviews in the field for each site
and consult with City staff during the field reviews.
The Consultant shall calculate quantities and prepare Engineers Estimate of Probable
Construction Cost for each review submittal and the Bid Documents.
The Consultant shall prepare the Contract Specification per 2011 WSDOT Standard
Specifications for the 90% Review Submittal and the Bid Documents
The Consultant shall distribute 50% and 90% review submittals to franchise utility owners to
identify potential conflicts within the Project limits.
The Consultant shall assist the City with Project Advertisement and Award.
Assumptions
o No federal funding is anticipated for the Project engineering or construction.
o No utility upgrades are anticipated in the project design.
o Drainage Water Quality Reports will not be required.
o Geotechnical Engineering services will not be required.
o Environmental Documentation will not be required.
o Potholing of existing underground utilities will not be required.
City of Tukwila KPG, Inc.
2011 Small Drainage Program Page 3 of 4 January 18, 2011
Deliverables
o 50% review submittal with Plans and Estimate
o 90% review submittal with Plans, Specifications, and Estimate.
o Bid Documents and Engineer's Estimate
o 6 sets of Plans (11" X 17 and specifications provided for each review submittal.
o 10 sets of Plans (11" X 17 and specifications for the Bid Documents.
o Coordinate upload of Plans and Specifications to Builders Exchange.
TASK 2 2011 Small Drainage Program Permitting
2.1 The Consultant shall prepare a SEPA checklist for submittal to the City covering all sites
included in the 2011 Small Drainage Program.
2.2 The Consultant shall prepare a JARPA application for sites 1, 2, and 4. The application will
be sent to WDFW and USACE.
2.3 The Consultant shall perform field reviews and coordinate HPA approval for sites 1, 2, and 4
with local representative from WDFW
2.4 Although none of the projects are anticipated to require approval by the US Army Corps of
Engineers (USACE), the Consultant shall provide due diligence coordination with
representatives of USACE to verify that no further approvals are required. Budget
assumptions are to route the JARPA to the USACE, telephone and/or field coordination, and
providing requested feedback for the agency to make a determination.
Assumptions
o SEPA signage, fees, and internal coordination will be by the City.
o No wetland or stream delineations will be required.
o No special studies (biological assessments, etc.) will be required.
Deliverables
o SEPA Checklist
o JARPA application
o Documentation from agency coordination with WDFW and USACE.
City of Tukwila KPG, Inc.
2011 Small Drainage Program Page 4 of 4 January 18, 2011
HOUR AND FEE ESTIMATE EXHIBIT B
Project: City of Tukwila K P G
2011 SmaII Drainage Program Architecture
Landscape Architecture
Civil Engineering
Labor Hour Estimate i Total Fee
Task Description Project Project Survey
Manager Engineer Field Crew Technician Clerical
177.45 113.57 140.00 94.34 69.01 Fee
Task 1 2011 SmaII Drainage Program Design
1.1 Management /Coordination /Administration 4 0 0 0 4 985.84
1.2 Topographic Survey Utility Locates
40th Ave S Pipe Relining GIS Basemap Field Measurements 0 0 0 8 0 754.72
Allentown Pipe Relining GIS Basemap Field Measurements 0 0 0 8 0 754.72
S 150th St Drainage Full Survey Right -of -Way 0 10 40 40 0 10,509.30
Gilliam Creek/APETrash Rack GIS Basemap Field Measurements 0 0 0 8 0 754.72
EMW (Museum of Flight) Drainage Survey structure elevations 0 0 10 8 1 0 2,154.72
1.3 Prepare Plans (Est 13 Sheets)
40th Ave S Pipe Relining (Est 1 Sheet) 2 8 0 8 0 2,018.18
Allentown Pipe Relining (Est 1 Sheet) 2 12 0 12 0 2,849.82
S 150th St Drainage (Est 4 Sheets) 4 40 0 60 0 10,913.00
Gilliam Creek/APE Trash Rack (Est 1 Sheet) 4 8 0 8 0 2,373.08
EMW (Museum of Flight) Drainage (Est 2 Sheets) 4 24 0 32 0 6,454.36
1.4 2011 Small Drainage Program
Field Reviews 2 8 0 4 0 1,640.82
Prepare 50% 90% Review Submittals 0 8 0 8 8 2,215.36
Utility coordination 2 8 0 8 0$ 2,018.18
Quantity and Cost Estimating 2 8 0 8 0 1$ 2,018.18
Prepare Specifications 2 1 16 0 0 8 2,724.10
Finalize Bid Documents 2 I 8 0 8 4 2,294.22
Reimbursable Expenses (See breakdown for details) 6,300.00
Task 1 Total I 30 158 50 228 24 I 59,733.32
1/19/2011
HOUR AND FEE ESTIMATE EXHIBIT B
Project: City of Tukwila K I G
2011 Small Drainage Program Architecture
Landscape Architecture
Civil Engineering
Labor Hour Estimate 11 Total Fee
Task Description Project Project Survey
Manager Engineer Field Crew Technician Clerical
177.45 113.57 140.00 94.34 69.01 Fee
Task 2 2011 Small Drainage Program Permitting
2.1 Prepare SEPA checklist 4 16 0 1 8 1 8 3,833.72
2.2 Prepare JARPA Application 1 4 1 16 0 16 4 4,312.40
2.3 WDFW Coordination for HPA 4 1 8 0 0 4 1$ 1,894.40
2.4 USACE Coordination for NWP's 8 1 16 1 0 1 16 4 1 5,022.20
Reimbursable Expenses (See breakdown for details) 1 200.00
Task 2 Total 20 I 56 I 0 40 20 15,262.72
Total Estimated Fee: 74,996.04
Reimbursable Breakdown Cost
Task 1 2011 Small Drainage Program Design I
Mileage 300.00
Reproduction 1,000.00
Gravitec Technical support for Tukwila Parkway Trashrack Fabrication 5,000.00
Task 1 Total 6,300.00
Task 2 2011 Small Drainage Program Permitting 1
Mileage 100.001
Reproduction 100.00
Task 2 Total 200.00
1/19/2011
i City of Tukwila Jim Haggerton, Mayor
G7
a Departfnent of Public Works Bob Giberson, P.E., Director
906
TO: Mayor Haggerton
Utilities Committee
FROM: Public Works Director
DATE: January 19, 2011
SUBJECT: 2011 Utilities Work Plan
ISSUE
Discuss the list of 2011 funded utility projects and the anticipated items that may be brought forward to
the Utilities Committee. The discussion also includes other utility issues.
DISCUSSION
Public Works will inform Utilities Committee Members about the 2011 work program, anticipated
schedules, and potential committee agenda items, as well as obtain direction from the committee
regarding any preferences or requests for how agenda items are included and presented.
Surface Water
2010/2011 Small Drainage Program Approve contract for design; award construction.
Private Storm System Adoption Award construction (with Small Drainage Program).
Lift Station #15 Improvements Approve contract for design.
GIS Inventory Approved contract for Area 7 at 1/11 U. C.
NPDES Program Present Annual Report for discussion.
Surface Water Comp. Plan Adopt plan.
Gilliam Creek Basin Overflow Project close -out.
East Marginal Way Outfalls Approve contract for design report.
Sanitary Sewer
Annual Sewer Repair Program Approve contracts for design and construction as necessary.
Interurban Ave S Gravity Sewer Award construction contract.
South City Limits Sewer Extension On -going SC Pkwy Extension construction updates.
Andover Park West Sewer Main Capacity Coordinate in -house design with street project.
Sewer Comp. Plan Adopt plan in late 2011 or 2012.
Water
Andover Park East Water Main Replacement Award construction contract.
Southcenter Parkway Water Upgrade On -going SC Pkwy Extension construction updates.
Andover Park W /Strander New Water Main Coordinate in -house design with street project.
Water Comp. Plan Adopt plan in late 2011 or 2012.
Other Utility Issues
2011 Solid Waste Recycling and Garbage Rates March 2011
Solid Waste Consultant Contract April 2011
Solid Waste and Recycling Services Contract September 2011
Solid Waste COMPLAN Adoption October2011
Franchise Agreements PSE, T- Mobile, Comcast, XO, Level 3, ELI, and 360.
RECOMMENDATION
Information Only.
W: \PW Eng \OTHER \Robin Tischmak \InfoMemo20l I Utilities WorkProgram.doc