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HomeMy WebLinkAboutUtilities 2009-06-23 Item 3B - Agreement - Gilliam Creek Basin Stormwater Overflow Design with PACE EngineeringCity of Tukwila TO: Mayor Haggerton Utilities Committee FROM: Public Works Directo DATE: June 16, 2009 Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM SUBJECT: Gilliam Creek Basin Stormwater Overflow Project No. 03 -DRO9 Consultant Selection and Design Agreement ISSUE Approve a consultant agreement with PACE Engineering to design the Gilliam Creek Basin Stormwater Overflow Project. BACKGROUND Gilliam Creek discharges to the Green River through a 108" flap gate. During high river events, Gilliam Creek backs up water into the Tukwila Urban Center (TUC). This has lead to flooding at the Andover Park East/Tukwila Parkway intersection. To help alleviate this condition, the Surface Water Maintenance Crew opens a gate at the Andover Park West/Strander intersection to allow stormwater to flow into Tukwila Pond and into the P17 drainage basin. This uses the pond for detention and temporarily reduces surcharging in the Gilliam Basin. To help drain the Gilliam Basin during high river events, Storm Lift Station 17 (at Strander Blvd) was designed so that additional flows could be diverted at a future date by connecting an overflow pipe from Andover Park West to Andover Park East along Strander Blvd. The Gilliam Creek Basin Stormwater Overflow Project is currently programmed for 2012. ANALYSIS The Corps of Engineers recently announced higher flow rates for a longer duration in the Green River from the Howard Hansen Dam. Providing an overflow at Lift Station No. 17 will allow for longer durations of high water before causing flooding in the TUC. The combined capacity of Lift Station No. 17 and the conveyance system to P -17 will not handle the full discharge of Gilliam Creek; however, given the large storage capacity of Tukwila Pond, combined with the added pumping capacity, additional flood protection within the Gilliam Basin should be realized. Given the potential of flooding, it is recommended that available funds from the Private Storm System Adoption Program be delayed and used for the Gilliam Creek Basin Stormwater Overflow Project. Emergency management grant funding is currently being pursued for this project, although a decision by the granting agencies is not expected until January 2010. The current Consultant Roster was reviewed and KPG, PACE Engineers, and Perteet were shortlisted. PACE designed Storm Lift Station No 17 and the downstream pipe system, as well as, conducted a feasibility analysis of the Gilliam Creek Basin Stormwater Overflow Project and are the most qualified to complete the design services. RECOMMENDATION The Council is being asked to approve this design agreement with PACE in the amount of $85,665.00 for the Gilliam Creek Basin Stormwater Overflow Project and consider this item at the July 13, 2009 Committee of the Whole meeting and subsequent July 20, 2009 Regular Meeting. Attachments: Consultant Selection CIP Sheet Consultant Agreement W \PW Eng \PROJECTS\A- DR Projects \03 -DR09 (Gilliam Creek Basin Stormwater Overflow) \InfoMemo PACE design Final.doc PS &E Experience with Tukwila CONSULTANT SELECTION Gilliam Creek Basin Stormwater Overflow Stormwater System Experience Firm Expirence General KPG Project Manager 1 2 1 1 1 Working with Tukwila Program Knowledge 1 2 1 Familiarity with Gilliam and Strander Drainage Basins 2 2 1 1 TOTALS 7 10 6 Score consultant 1 to 4, with 1 being highest and 4 being lowest. Lowest score is consultant ranked highest. Perteet PACE 2 1 PROJECT: DESCRIPTION: JUSTIFICATION: STATUS: MAINT. IMPACT: COMMENT: FINANCIAL (in $000's) EXPENSES Design Land (R /W) Const. Mgmt. Construction TOTAL EXPENSES FUND SOURCES Awarded Grant Proposed Grant Mitigation Actual Mitigation Expected Utility Revenue TOTAL SOURCES Gilliam Creek Basin Stormwater Overflow LINE ITEM: 412.02.594.38 PROJECT NO. 03 -DRO9 Provide storm drainage system to route Gilliam Creek basin outflow to the new Strander Boulevard storm drainage pump, when the flap gates are closed at the Gilliam Creek outlet. Reduces flooding at downstream properties by providing a method to drain the Gilliam Creek basin during high river events. Decreases need for emergency pumping. Will reduce likelihood of roadway flooding at intersection of Andover Park East and Tukwila Parkway. Through Estimated 2007 2008 2009 Project Location 2009 2014 Capital Improvement Program CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2009 to 2014 2010 2011 2012 2013 2014 BEYOND TOTAL 20 1 i 153 Existing Storm Drainage System 50 50 350 0 0 0 0 0 50 400 0 0 0 0 0 0 50 400 0 0 0 0 0 0 50 400 0 J w a m 0 Q StrandermBlvd Provide New Overflow Pipe Existing Storm Drainage System to CoostVno'n Rd Pump'SLU.on 50 0 50 350 0 450 0 0 0 0 0 450 0 450 CONSULTANT AGREEMENT FOR DESIGN SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as th City", and PACE Engineers, 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 Design services in connection with the project titled Gilliam Creek Basin Overflow. 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 120 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 $85,665.00 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, 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 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. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: Mayor Notices to Consultant shall be sent to the following address: DATED this City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 PACE Engineers, Inc. 1601 Second Avenue, Suite 1000 Seattle, WA 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. day of 20 CITY OF TUKWILA CONSULTANT By: Attest /Authenticated: Approved as to Form: Printed Name: C %is Title: S, /"i2 >J ///(1/.7a9e' City Clerk Office of the City Attorney An Eng,neenng Services Company 41une 2009 Ryan Larsen, P.E. Public Works City of Tukwila 6300 Southcenter Blvd. Tukwila WA 98188 Subject: Scope of Work for Gilliam Creek Basin Overflow Pipe Exhibit A PACE Proposal Number P09 -484 Dear Ryan: EXHIBIT_ar Engineers I Planners 1 Surveyors PACE Engineers, Inc., is pleased to submit this proposed scope of work and fee estimate based on our understanding of this project. Project Understanding PACE recently performed a feasibility study to determine the potential for a new storm drain overflow pipe connecting existing City storm drainage pipes between Andover Park East and Andover Park West in Strander Blvd. The overflow pipe could reduce potential Southcenter area flooding in the event that high discharge into the Green River overtops the levees by allowing some flows to be directed to the Strander Blvd pump station. A preliminary layout was developed to determine the potential utility obstacles and effective pipe sizing. The proposed overflow pipe connects the conveyance to the Strander Pump Station with the existing pipe to Tukwila Pond. Scope of Services A detailed proposal consisting of eight (8) tasks follows. This proposal includes necessary engineering through the project bid phase and direct costs associated with the project. PACE will be the prime consultant for the entire Scope of Work and will complete all civil engineering and survey services in- house. We anticipate starting this work immediately following City feedback on the Feasibility Study. We recommend the SEPA process be initiated as soon as possible with the Feasibility Study submittal accompanying the checklist. Approval from this process is needed to accomplish the required schedule, so timely decisions will be needed by the City. We propose to do this work on a time and expense basis with a not to exceed amount of $85,665 plus optional PACE Engineers, Inc. Seattle Office 1601 Second Avenue 1 Suite 1000 1 Seattle, WA 98101 O:\ SCOPE \ENGINEER \2009e1;gr \giItialil creek over Dow \GiWWlarn Creek Scope 6 -4 -09 P09 484.k2P6.441.1855 1 206.448.7167 paceengrs coin Ryan Larsen, P.E. City of Tukwila June 4, 2009 Page 2 Engineers I Planners I Surveyors tasks (see attached spreadsheet). The budget is based on 2009 rates. Should any of this work extend beyond 2009, a cost adjustment may be needed for any portion of the work extending beyond this time. SCOPE OF WORK Task 1 Survey Some topographic survey was performed in support of the feasibility study. Some additional survey is needed to create the level of detail required for construction drawing base mapping. This task will perform additional field survey and update the project base map. Task 2 SEPA This project will require compliance with the State Environmental Protection Act (SEPA). The City will complete an environmental checklist with input from PACE on relevant items. The City will issue and publish the SEPA document as required. A Determination of Non Significance (DNS) is expected. Task 3 Hydrologic /Hydraulic Analysis PACE will modify the preliminary pipe design based on feedback from the City. PACE will finalize the hydraulic analysis performed in the feasibility study. The City has adopted the most recent King County Surface Water Design Manual for stormwater design, which requires drainage review for any pipe over 12 inches in diameter. To address this analysis, PACE will prepare a Technical Information Report (TIR) suitable for targeted drainage review, addressing the hydraulic and hydrologic analysis of the overflow pipe. Task 4 Final Design PACE will provide final design plans based upon review comments on the feasibility study plan and profile. All materials and installation procedures will be in conformance with the City and WSDOT /APWA standards. All drawings will be prepared using the most recent version of AutoCAD. O:\ SCOPE \ENGfNEER \20092ngi \gilliarn creek overflow \Gilliam Creel: Scope 6-4 -09 P09-4•94.cloc Ryan Larsen, P.E. City of Tukwila June 4, 2009 Page 3 Engineers 1 Planner 1 Surveyors Stormdrain Overflow Pioe PACE will design a new gravity storm line from the Andover Park West to Andover Park East down Strander Boulevard, connecting to the existing stormdrain system which flows to the Strander Blvd. pump station. Existing catch basins will be redirected into the new drainage system. The existing storm system will be abandoned in place where appropriate. It is assumed that the new pipe will be constructed within the center two lanes so that one lane of traffic can be maintained in each direction during construction. Road Restoration /Improvements PACE will design the roadway restoration based on City standards for utility trench repair, as well as striping and replacement of signal loops as required by the design within the project limits. The following list of drawings is anticipated: List of Drawings Number of Drawings Title Sheet 1 Existing Conditions 2 Temporary Erosion Control and Sedimentation Plan, Notes, and Details 4 Construction Notes and Sequence 1 Drainage Plan and Profile (20 scale) 2 Stormwater Details 1 Strander Blvd Road Restoration Plan (20 scale) 1 Total: 12 Task 5 Project Management /Coordination /Meetings PACE will provide the time needed to administer and coordinate the project. Our goal is to insure there are no surprises when the final design is submitted to the City. The following items are included in this task: 1. Attend coordination meetings with the City as required. For budgetary purposes 32 hours have been allotted for meetings. Since the amount of meeting time is not under our control any time in excess of the budgeted 32 hours will be billed on a time and materials basis. 2. In -house project administration, scheduling, and direction of design team staff. 3. Preparation of monthly progress reports O: \COPE \ENGINE€ \2009engr \gilliarn creek overflow \Gi?liarn Creek Scope 6-4-09 P09_ :g4 PAC Ryan Larsen, P.E. City of Tukwila June 4, 2009 Page 4 Task 6 Contract Document Preparation Engineers I Planners I Surveyors PACE will prepare contract bid documents (plans, specifications, and engineers estimate of probable construction cost) in accordance with City standards and using the City's standard template. We anticipate the project will bid as one schedule and that the bid documents will be based on the Washington State Department of Transportation "Standard Specifications for Road, Bridge and Municipal Construction, 2008" and modified and amended as appropriate. We will incorporate any City forms or special bid /construction requirements within the bid document. It is assumed that the City will advertise, open bids and award the project with support from PACE. PACE will coordinate and upload bid documents to the Builders Exchange ftp site (BXWA.com) and provide deliverables as listed below under Deliverables. Task 7 Quality Assurance (QA) In order to assure that the final plans and specifications are complete, accurate and appropriate, PACE will conduct a QA review of the final documents prior to final (100 submittal to the City. This review will be assigned to a senior level principal who has not been associated with the project. The review will consist of a complete sheet -by -sheet and contract document review to assure the City that the documents meet or exceed the "level of care" of our industry and are the highest quality level possible. Task 8 Construction Services (Optional Task) PACE will be pleased to provide the following construction services to the City of Tukwila in support of this project if requested by the City. PACE proposes the following services during construction: 1. Bid assistance 2. Construction management 3. Construction surveying /staking 4. Construction inspection 5. Compaction testing 6. Shop drawing review 7. Progress payment processing 8. Record drawing preparation Deliverables and Schedule We anticipate the following submittals to the City for comments and approval, including estimate of probable construction cost. 0:\SCOPE \ENG1NEER \2OO9eng \gi1tiarn creek overflow\GilNlarn Creek Scope 3 -;e -09 P09-48 .doc 6;C-A-;440 Ryan Larsen, P.E. City of Tukwila June 4, 2009 Page 5 Final Design Document submittal —end ofJuly2009 Contract Document submittal —end of August 2009 The following construction documents will be provided for City use: 10 copies, %z size Final Plans (Bond) 1 Full Size mylar copy of Final Plans 10 copies, Final Specifications 1 Copy, Final Engineers Estimate The proposed schedule assumes prompt reviews by the City and no obstacles with permitting. This schedule contains no float and all items must go as intended to meet the 2009 construction schedule. We have developed a scope of work based on our present knowledge of the proposed project. We have tried to cover all aspects of the proposed project; however, if you feel that additional areas of work require our attention, please don't hesitate to call. We are pleased to submit this scope of work to accomplish the civil engineering tasks for this project and look forward to continuing to work with you. Sincerely, PACE Engineers, Inc. Chris Rhinehart, P.E. Sr. Project Manager Attachments 'v,/�' Gllliaaifl Creek `cop 6-=!-09 PDT ..8 1.C�oi Q:�..Cl;rc�� a.� �Cl':)✓ 1111 creek G�iCI'iiU 3� Engineers I Planners 1 Surveyors PACsi) PACE Engineers Staff Type (See Labor Rates Table) Staff Type Hourly Rate Task 1 Survey Task 2 SEPA assistance Task 3 Hydraulic Anal; TIR Task 4 Final design Task 5 PM, Mtgs Task 6 Construction Docs Task 7 QA Task 2 Geo Hours Total Labor Total Expenses Postage /Courier Plotter PhotoNideo Mileage/Travel /Per Diem Miscellaneous Technology Fee Project NamelGilliam Creek Overflow Pipe Project #:1 09 620 Total 10 11 16 $165 $155 $105 Labor Principal Sr Project Code Engineer Manager Engineer II 2 4 4 2 4 16 rate /unit $8.00 LS $0.55 2 16 60 60 60 8 4 32.0 210.0 200 P -484 Billing Group #:101 2 48 80 12 60 202.0 Reimbursable Quantity Cost 4 $100.00 1 $200.00 $11 $1,705.00 $2,115 74 91 $105 Cad Drafter III 8 4 80 66 158.0 Project Budget Worksheet 2009 Standard Rates Location:1Strander Blvd, Tukwila 'Prepared By: Chrs Rhinehart Task #:1 001 Date: 26- May -09 Labor Hours by Classification $85 Project Administrator 8 24 8 20 $5,280 $32,550 $21,210 $16,590 $5,100 File: Gilliam Creek overflow Bdgt Wks 09 Standard Rates, Gilliam Cr Overflow Page 1 of 1 60.0 Subconsultants Utility Locate Mechanical Engineer Electrical Engineer Geotechnical Engineer I C Engineer Subconsultant Subtotal Markup Total 100 100 100 59 43 $0 $0 $0 $180 $135 2 -Man Survey Proj Open Open Open Survey Crew Mngr 0.0 $0 0.0 $0 $0 10% $0 0.0 $0 8 4 8.0: $1,440 4.0 $540 EXHIBIT 48 $105 Survey Tech Hour II Total 8 8.0 $840 PACE Billed Labor Total $83,550 Reimbursable Expenses $2,115 Subconsultants $0 Total Project Budgetil $85,66511 Rate Table Used: 2009 30.0 0.0 4.0 80.0 248.0 82.0 210.0 24.0 0.0 0.0 0.0 0.0 0.0 4.0 0.0 682.0 $83,550.00 Printed: 6/4/2009, 1:02 PM