HomeMy WebLinkAboutUtilities 2011-01-25 Item 2A - Agreement - East Marginal Way South Stormwater Outfalls Study with GHD Inc 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