HomeMy WebLinkAboutCOW 2011-02-14 Item 4D - Agreement - East Marginal Way South Stormwater Outfalls with GHD Inc for $44,985 COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 11-015 1 STAFF SPONSOR: BOB GIBERSON I ORIGINAL AGENDA DATE: FEBRUARY 14, 2011
AGENDA ITEM TITLE East Marginal Way S Stormwater Outfalls
Design Report Consultant Agreement with GHD, Inc.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 02/14/11 Mtg Date 2/22/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR 111 Council Ma Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S This contract is for a design report for the East Marginal Way S Stormwater Outfalls. Three
SUMMARY consultant firms were short- listed from the Consultant Works Roster and GHD was chosen
as the most qualified. Four outfalls are being analyzed to develop recommended
alternatives with proposed costs. Council is being asked to approve the design report
contract with GHD, Inc. in the amount of $44,985.00.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA 1'E: 1/25/11 COMMIl`IEE CHAIR: DE'SEAN QUINN
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT' -FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$44,985.00 $50,000.00 $0.00
Fund Source: 412 SURFACE WATER FUND (PAGE 151, 2011 CIP)
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
2/14/11
2/22/11
MTG. DATE ATTACHMENTS
2/14/11 Informational Memorandum dated 1/18/11
Page 151, 2011 CIP
Location Map
Consultant Agreement with Scope of Work and Fee
Minutes from the Utilities Committee meeting of 01/25/11
2/22/11
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o Cit of Tukwila
f Jim Haggerton, Mayor
'290. INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
UTILITIES COMMITTEE
FROM: Public Works Director C j
DATE: January 18, 2011
SUBJECT: East Marginal 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 Jorgensen Forge, the
Boeing Company, 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 River.
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, Inc. was selected as the firm that best met the
requirements for this type of project as GHD has performed similar work for other cities. Staff 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 Budg
GHD, Inc.. 44,985.00 50,000.00
RECOMMENDATION
The Council is being asked to approve a Consultant Agreement with GHD, Inc. in the amount of
$44,985.00 for consideration at the February 14, 2011 Committee of the Whole meeting and subsequent
February 22, 2011 Regular Meeting.
attachments: Page 151, 2011 CIP
Area Map
Consultant Agreement
W: \PW Eng\ PROJECTS \A- DR Projects \91041204 East Marginal Way Stormwater Outfalls \Info Memo East Marginal Way S.doc 4 5
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 South Stormwater Outfalls
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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.
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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
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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.
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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:
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
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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. Project 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.
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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 Renort
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.
o 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)
e 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
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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
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HOUR AND FEE ESTIMATE EXHIBIT B
City of Tukwila prepared by GHD
Budget for East Marginal Wa Outfall Analysis
Task 1 Project Management and Administration
�����9uou,�����ma��an�����[�����,-
'Rick Schaefer Project Director 1 $zss.00| $235.001
!Megan Holcomb Job 28 $z�5.OU. $��6O.O0/
|K|rkSmith Technical Support 0 $165.00 $0.00
W. Ray Edralin Staff Engineer 0 $125.00| $0.00
John Maestas CADD GIS Support 0 $zzs.00/ $n.00
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Task 2 Outfall Anal
Rick Schaefer Project Director 20 $zss.on| $1
Megan Holcomb Job Manager 120 $145.001 $17/*00.00
Kirk Smith Technical Support 30 $165.00 $4
W. Ray Edra|in Staff Engineer 76 $125.00 $9
John Maestas cxoo/GI3 Support 26 $115.001
$2,990.00
Nicole Pierson Admin Suoport 6 $75.001 $450.00
kiiiTii nccom
278
�1�.���'���*���� ��y�::1a,
Travel: Parking, Mileage,
DIRECT EXPENSES: etc. *sn.no
Postage Delivery $25.001
Miscellaneous $15.001
omsideReproduction $uon
Total Fee $v4.9ms.00
56
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A p of Tukwila t o
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‘d Utilities Committee
‘.:429_.;,;''
UTILITIES COMMITTEE
Meeting Minutes
January 25, 2011 5:00 p.m. Conference Room #1
PRESENT De'Sean Quinn, Chair; Dennis Robertson and Kathy Hougardy
Staff: Bob Giberson, Frank Iriarte, Ryan Larson, Robin Tischmak, Mike Cusick, Gail Labanara,
Shawn Hunstock, and Kimberly Matej
CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:01 p.m.
L PRESENTATIONS No Presentations
II. BUSINESS AGENDA
A. East Marginal Wav South Stormwater Outfalls: Consultant Recommendation Agreement
Staff is seeking Council approval to enter into a consultant agreement GHD, Inc. to study and provide
recommendations for outfall issues (drainage connections) along the northern portion of East Marginal
Way South.
Currently, drainage from East Marginal Way South is discharged through four outfalls, none of which
have City easements. Establishing drainage connections and easements to these outfalls will clarify
R maintenance responsibility and ensure reliability of the drainage system. One outfall was closed by the
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Environmental Protection Agency in 2010, and the owner of another outfall (Boeing) has requested the
City take ownership of their outfall.
GHD, Inc., who was chosen from the MRSC's consultant roster, will conduct an outfall analysis report
and provide engineering alternatives to address existing concerns regarding drainage. City staff confirmed
that currently, the City of Tukwila is only responsible for the drainage off of East Marginal Way, not
private property. The work conducted by GHD will assist the City to ensure we are addressing drainage
concerns as well as not adopting existing problems with outfalls the City may choose to maintain /own.
UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 14 COW FOR DISCUSSION.
B. 2011 Annual Small Drainage Program: Consultant Recommendation Agreement
Staff is seeking approval to enter into a consultant agreement with KPG, Inc. in the amount of $74,996.04
for design services for the City's 2011 Annual Small Drainage Program.
KPG was chosen from the City's consultant roster (Municipal Research and Services Center Rosters), and
has designed the Annual Small Drainage Program since 1991. Staff reminded Committee Members that
construction of some of the 2010 Small Drainage projects were delayed due to permit timing, and the
construction of these 2010 projects will combined with construction of the 2011 projects.
The five projects listed below have been identified for construction in 2011 through maintenance and
citizen concerns:
O 40 Avenue South Pipe Relining
Allentown Pipe Relining
South 150` Street Drainage
m Gilliam Creek at Andover Park East Trash Rack (grate to keep logs from sliding down stream)
6 East Marginal Way South (Museum of Flight) Drainage (multi- pronged project overlay)
Through this design services agreement, KPG, Inc. will be able to tell the City the most cost effective way
to approach and construct these projects. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY
14 COW FOR DISCUSSION.
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