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HomeMy WebLinkAboutUtilities 2016-08-09 Item 2B - Agreement - Crystal Springs Emergency Surface Water Repair Design with KPG IncTO: FROM: BY: CC: DATE: SUBJECT: City of Tukwila Allan Ekberg, Mayor Public Works Department - Bob Giberson, Director INFORMATIONAL MEMORANDUM Utilities Committee Bob Giberson, Public Works Director Ryan Larson, Senior Program Manager Mayor Ekberg August 5, 2016 Crystal Springs Emergency Surface Water Repair Project No. 91641206 Consultant Selection and Agreement ISSUE Approve KPG, Inc. to design the Crystal Springs Emergency Surface Water Repair. BACKGROUND Maintenance staff were notified of pavement settlement within Crystal Springs Park and 51st Ave S during the week of July 18, 2016. An investigation focused on a deep surface water pipe under the settling pavement. Using video inspection, it was determined that the pipe was filled with a large quantity of material that indicated a possible failure of the pipe. Crews attempted to remove the blockage, but the removal of the material led to additional failure of the pavement and a sinkhole. Other utilities are located within the settlement area. The Mayor declared an Emergency on July 21, 2016 and Council approved Emergency Resolution No. 1887 on August 1, 2016. DISCUSSION The surface water pipe conveys water from Crystal Springs, runs continuously throughout the year, and is approximately 20 feet deep. The damaged section is approximately 290 feet in length. The pipe is located in an area with a high ground water table and visible natural water springs. An emergency project is underway that will stabilize the sink hole and utilities with fill material, install a temporary pipe to allow the water to bypass the damaged area of the pipe until a permanent repair can be designed and constructed. KPG is proposed to design the permanent repair since they are currently working with staff on the 2016 Annual Neighborhood Drainage program, are familiar with City requirements, and can complete the design and permitting in a timely manner to allow for project advertisement later this year. FISCAL IMPACT For the Crystal Springs Emergency Surface Water Repair project, KPG has submitted design for $59,979.68. It is proposed that funding come from the 2016 Annual Small Drainage Program budget which is $685,000, including $80,000 for design. To date, $68,743 has been spent on design, leaving $11,257 in available design funding. It is proposed that the remaining $48,723 come from a portion of the available construction funding. The 2016 Small Drainage Program has been delayed as bids were rejected by Council on August 1, 2016 by Resolution No. 1886. RECOMMENDATION Council is being asked to approve the design consultant agreement with KPG, Inc. in the amount of $59,979.68 for the Crystal Springs Emergency Surface Water Repair Project and consider this item on the Consent Agenda at the August 15, 2016 Regular Meeting. Attachments: 2015 CIP, Page 82 Consultant Contract \\PWStore\PW Common$1PW Eng1PROJECTSIA- DR Projects\Crystal Springs Emergency Surface Water Repair (91641206)1Info Memo KPG Final Design.docx 27 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2015 to 2020 PROJECT: Annual Small Drainage Program Project No. Varies DESCRIPTION: Select, design, and construct small drainage projects throughout the City. JUSTIFICATION: Provide drainage corrections for existing /ongoing drainage problems throughout the City, including culvert replacements, drain extensions, and pavement upgrades. STATUS: Projects for this annual program are taken from Small Drainage Project List. MAINT. IMPACT: Reduces maintenance. Ongoing project, only one year shown in first column. Construction expenses may occur over two calendar COMMENT: years. Budget for 2014 includes $270k for Thorndyke Safe Routes to School (S 150th St). Grants from State Municipal Stormwater Capacity Grants. FINANCIAL Through Estimated (in $000's) 2013 2014 2015 2016 2017 2018 2019 2020 BEYOND TOTAL EXPENSES Design 60 80 80 80 80 80 80 80 620 Land (R/W) 0 Const. Mgmt. 70 80 80 80 80 80 80 80 630 Construction 279 270 325 525 525 525 525 525 525 4,024 TOTAL EXPENSES 409 270 485 685 685 685 685 685 685 5,274 FUND SOURCES Awarded Grant 50 50 100 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 409 220 485 635 685 685 685 685 685 5,174 TOTAL SOURCES 409 270 485 685 685 685 685 685 685 5,274 2015 - 2020 Capital Improvement Program 82 28 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONSULTANT AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter 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 engineering services in connection with the project titled `Crystal Springs Emergency Surface Water Repair'. 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. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2016, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon 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 no later than December 31, 2016 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 $59,979.68 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 as 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 the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 29 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 rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. CA revised : 1 -2013 Page 2 30 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 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 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. CA revised : 1 -2013 Page 3 31 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, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability 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. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. CA revised : 1 -2013 Page 4 32 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: KPG 753 9th Avenue North Seattle, WA 98109 18. Entire Agreement; Modification. 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. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. DATED this CITY OF TUKWILA day of , 2016. Mayor, Allan Ekberg CONSULTANT By: Printed Name:Nelson Davis, KPG Title: Principal Attest /Authenticated: Approved as to Form: City Clerk, Christy O'Flaherty Office of the City Attorney CA revised : 1 -2013 Page 5 33 EXHIBIT A City of Tukwila Crystal Springs Emergency Surface Water Repair Scope of Work August 1, 2016 PROJECT DESCRIPTION Maintenance staff were notified of pavement settlement within Crystal Springs Park and 51st Ave S during the week of July 18, 2016. An investigation of this issue focused on a deep surface water pipe under the settling pavement. Using video inspection, it was determined that the pipe was filled with a large quantity of material that indicated a possible failure of the pipe. Crews attempted to remove the blockage, but the removal of the material lead to additional failure of the pavement and a sinkhole. Other utilities are located within the settlement area. The Consultant will assist the City with approach to interim repair, perform field survey and base mapping, perform geotechnical investigations, assist with permit applications, and prepare final plans, specifications, and cost estimates for a long term repair. 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. The project may be combined with previously design small drainage program project(s) for bid and construction depending on available budget. SCOPE OF WORK TASK 1 — CRYSTAL SPRINGS EMERGENCY SURFACE WATER REPAIR 1.1 MANAGEMENT /COORDINATION /ADMINISTRATION • The Consultant shall provide continuous project management and administration for the duration of the Project. (Estimate 3 months). • Hold project coordination meetings with the City to update progress and review submittals. Assume (4) 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. City of Tukwila Crystal Springs Emergency Repair Page 1 of 4 KPG, Inc. August 2016 34 1.2 INTERIM REPAIR ASSISTANCE • The Consultant shall perform site visit(s) and be available to City staff overseeing interim repairs for assistance during construction. Consultant will identify information needed from City to complete long term repairs. 1.3 TOPOGRAPHIC SURVEY • The Consultant shall prepare topographic survey and base maps for the affected drainage system. Utility locates will be performed on one -call field marking that was performed by the interim repair contractor. GIS data provided by the City will be utilized where drainage structures are inaccessible due to recent pipe failure. 1.4 GEOTECHNICAL INVESTIGATION • The Consultant shall provide geotechnical recommendations to support the design of permanent repair options. Our proposed scope of services is summarized as follows: • Review information. We will review available existing preliminary plans and geotechnical, geological, and environmental reports for the immediate area to help evaluate stormwater infiltration potential. • Plan, coordinate, and manage the field investigation, which will include the following: o Mark exploration locations and request public utility locates. A separate trip to the site will be necessary to mark the exploration locations in order to get the utility locates completed. o Obtain a right -of -way permit (ROW) and prepare an associated traffic control plan to support the field activities. We anticipate that the City will expedite and waive ROW permit fees. o Complete up to three shallow borings to determine depth of existing asphalt concrete pavement and the subsurface conditions. The borings will be completed using hollow -stem auger drilling equipment to depths of approximately 25 feet. Our representative will collect soil samples via the SPT at approximately 2.5 -foot intervals throughout the depth of the borings and maintain a log of the subsurface conditions encountered. • Complete geotechnical laboratory analyses on disturbed soil samples obtained from the explorations, including up to: o three moisture content determinations. o two grain -size determinations. • Prepare a draft (electronic PDF copy) and final report summarizing our findings, conclusions, and recommendations related to the following: o Subsurface conditions and results the of laboratory testing o Trench excavation and soil parameters for design of shoring or shielding City of Tukwila Crystal Springs Emergency Repair Page 2 of 4 KPG, Inc. August 2016 35 o Dewatering requirements o Utility installation subgrade support, bedding, and backfill requirements o Address need for trench dams 1.5 PERMITTING • The Consultant shall contact WDFW and prepare information necessary to receive an emergency HPA for interim repairs. • The Consultant shall coordinate with WDFW and prepare the JARPA for approval of the HPA for permanent repairs. • If required to obtain the HPA, the Consultant shall prepare and submit a SEPA checklist for processing by the City. • If required for work downstream of the failed drainage system, the Consultant shall prepare and submit a WSDOT utility permit application. 1.6 PREPARE PLANS, SPECIFICATIONS AND ESTIMATES • The Consultant shall work collaboratively with City to obtain necessary video inspection, pipe cleaning, brushing etc as available from City maintenance staff. • 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 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. • 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 2016 WSDOT Standard Specifications for the 90% Review Submittal and the Bid Documents • The Consultant shall distribute 50% review submittals to franchise utility owners to identify potential conflicts within the Project limits and request potholes. • 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 Potholing of existing underground utilities will be by the utility owner. City of Tukwila Crystal Springs Emergency Repair Page 3 of 4 KPG, Inc. August 2016 36 • 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. Additional Services As this work is proceeding under an emergency declaration, the City of Tukwila may require other services of the consultant that were not anticipated during initial scoping. These services could include additional design, right of way, utility potholing, environmental documentation, construction phase services, or other work tasks not included in the scope of work. At the time these services are required, the Consultant will provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized the work and issued a Notice to Proceed. City of Tukwila Crystal Springs Emergency Repair Page 4 of 4 KPG, Inc. August 2016 37 HOUR AND FEE ESTIMATE Project: City of Tukwila Crystal Springs Emergency Surface Water Repair EXHIBIT B • Architecture • Landscape Architecture • Civil. Engineering • Task Description Labor Hour Estimate Total Fee Project Manager $ 170.98 Senior Engineer $ 132.60 Project Engineer $ 115.36 Design Engineer $ 99.45 CAD Technician $ 86.18 Const Inspector $ 102.04 Survey Crew $ 151.68 Senior Office Admin Admin $ 112.71 I $ 79.55 Fee Task 1 - Crystal Springs Emergency Surface Water Repair 1.1 Management /Coordination /Administration 6 0 2 0 0 0 0 2 6 $ 1,959.35 1.2 Interim Repair Assistance 16 4 8 0 0 0 0 0 4 $ 4,507.20 1.3 Topographic Survey 2 2 8 16 0 0 20 0 0 $ 6,154.75 1.4 Geotechnical Coordination 4 4 8 0 8 0 0 2 2 $ 3,211.16 1.5 Permitting 16 4 24 0 16 0 0 0 8 $ 8,050.04 1.6 Prepare Plans, Specifications and Estimates 16 16 80 16 40 0 0 0 16 $ 20,397.18 Reimbursable - Mileage $ 200.00 Reimbursable - Reproduction $ 500.00 Reimbursable - Geotechnical Borings and Investigations $ 15,000.00 Task 1 Total 60 30 130 32 64 0 20 4 36 $ 59,979.68 Total Estimated Fee: $ 59,979.68 8/2/2016