HomeMy WebLinkAboutUtilities 2013-01-22 Item 2D - Agreement - Emergency Storm Pipe Repair / 2013 Small Drainage Program with KPGaV
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Utilities Committee
FROM: Bob Giberson, Public Works Director
40j
By: Ryan Larson, Senior Engineer
DATE: January 18, 2013
SUBJECT: EMWS Emergency Storm Pipe Repair 11 -19 -12 / 2013 Annual Small Drainage Program
Project No. 91241206
Consultant Recommendation and Agreement
ISSUE
Approve a consultant agreement with KPG, Inc. to perform engineering design services for the East Marginal
Way South (EMWS) Emergency Storm Pipe Repair 11 -19 -12 Project.
BACKGROUND
On November 19, 2012, a large sinkhole was created by a break in a 30 -inch storm water line on East
Marginal Way South just south of S 124th St. the pipe conveys storm water flows from the east fork of
Riverton Creek, as well as local drainage in the area near Group Health. The pipe is corrugated metal and is
approximately 10' deep. A contractor was hired and performed a temporary emergency repair of the failed
pipe per Emergency Resolution No. 1783. City crews performed limited video inspection of this pipe and
determined that the pipe is in imminent danger of failure and repairs need to be designed and conducted as
soon as practical.
ANALYSIS
In order to permanently repair the pipe, the City will need to hire a consultant to determine which sections to
repair, what will be allowed by the Washington Department of Fish and Wildlife (WDFW), estimated costs,
and the possibility of phasing the work.
The current MRSC Consultant Roster was reviewed and three firms were short- listed to study this pipe
system and recommend repair options. The firms were: KPG, Inc., PACE Engineers, and CH2M Hill. The
Summary of Qualifications was evaluated for each firm and KPG, Inc. was selected as the firm that best met
the requirements. KPG has designed City projects since 1991 and Public Works staff continues to be very
satisfied with their work. KPG has an excellent working relationship with the WDFW, is knowledgeable of City
requirements, and assisted with the initial repair work on this project. It is recommended that KPG, Inc.
perform preliminary design services for this project for a fee of $39,403.95.
BUDGET SUMMARY
Funding for this project will come from the 2013 Annual Small Drainage Program,
Contract Budget (SDP)
Preliminary Design $ 39 „403,95 $ 80,000.00
RECOMMENDATION
Council is being asked to approve the design agreement with KPG, Inc. in the amount of $39,403.95 for the
EMWS Emergency Storm Pipe Repair 11 -19 -12 Project and consider this item on the Consent Agenda of the
February 4, 2013 Regular Meeting.
Attachments: Consultant Rating form
CIP Page 136
Consultant Agreement
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1Relevant Project Experience
Experience with HPA/Creek Work
Small Scale Projects
Ability to keep project on schedule and within Budget
Project Team Availability of Key Team Members
Knowledge of City , Plan Process, Drainage System
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Firm Rank
(1 - 3, Lowest = Best)
W: \PW Eng \PROJECTSW- DR Projects \EMW Emergency Storm Pipe Repair 11 -19 -12 (91241206) \Proposal Rating.xls
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CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2013 to 2018
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. King County Flood Control District Sub - Regional Opportunity Fund (Interlocal 09 -153) is estimated at
$45,000 each year for Tukwila, as 10% of monies collected by KCFCZD are proportionally set per jurisdiction.
FINANCIAL Through Estimated
in $000's
2011 2012 2013
2014
2015
2016
2017
2018
BEYOND TOTAL
EXPENSES
Design
118
80
80
80
80
80
80
80
80
758
Land (R/W)
0
Const. Mgmt.
80
75
65
80
80
80
80
80
80
700
Construction
748
675
500
525
525
525
525
525
525
5,073
TOTAL EXPENSES
946
830
645
685
685
685
685
685
685
6,531
FUND SOURCES
KC Flood Control
20
45
45
45
45
45
48
48
341
Proposed Grant
0
Mitigation Actual
0
Mitigation Expected
0
Utility Revenue
946
810
600
640
640
640
640
637
637
6,190
TOTAL SOURCES
946
830
645
685
685
685
685
685
685
6,531
Project Location:
Entire System
2013 - 2018 Capital Improvement Program
136
9
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
CONSULTANT AGREEMENT FOR
ENGINEERING DESIGN 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. Proiect Designation. The Consultant is retained by the City to perform engineering design
services in connection with the project titled E. Marginal Way S. Emergency Stormwater Pipe
Repairs.
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, 2013, 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 31,2013 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 $39,403.95 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.
10
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.
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,
including the duty and cost to defend, 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 2012
Page 2
11
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.
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 2012
Page 3
12
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. 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 2012
Page 4
13
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, Inc.
753 - 9th Avenue N.
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
day of , 20
CITY OF TUKWILA CONSULTANT
Mayor
By:
1\1 t
Printed Name: Nelson Davis, KPG
Title: Principal
Attest/Authenticated: Approved as to Form:
City Clerk Office of the City Attorney
CA revised 2012
Page 5
14
EXHIBIT A
City of Tukwila
E. Marginal Way S.
Emergency Stormwater Pipe Repairs
Scope of Work
January 2, 2013
PURPOSE:
This purpose of this project is to perform field investigations, utility locates, preliminary
design, and cost estimating for long term repair of an aging 36 -inch stormwater pipe
along E. Marginal Way S. between approximately 12500 and S 120th Place. A sink hole
was discovered directly above the pipe in November of 2012 due to a localized pipe
collapse. Spot repair of the pipe and limited video work revealed that the pipe is in
extremely poor condition between the inlet and the Metro Bus Barn.
After the spot repair was complete, a second blockage occurred upstream near the
stream inlet. The blockage resulted in flooding of an upstream residential lot and
structure. A second spot repair was performed to eliminate the blockage; however, it is
clear that a long term solution is necessary to maintain the integrity of this piped reach
of the east fork of Riverton Creek.
Scope of Work:
A. The estimated project duration is 4 months. The Consultant shall provide overall
project management including:
♦ Project staff management and coordination
♦ Subconsultant management and coordination
♦ Schedule and budget monitoring and reporting
B. The Consultant shall meet with WDFW staff to review project site and prepare an
emergency HPA application for the purpose of performing video inspections and
necessary spot repairs to maintain utility of the storm pipe in the short term. The
HPA is required as this storm drain is considered a piped reach of the east fork of
Riverton Creek. Permitting for the final repair will be completed once the scope
and extent of the improvements are known and is not included in this scope of
work.
City of Tukwila KPG, Inc.
EMW Emergency Stormwater Repair Page 1 of 2 January 2, 2013
15
C. The Consultant shall coordinate temporary bypass and video inspection of the
pipe to the extent practical. The video inspection will be used to determine
feasibility of in -situ repairs (such as slip lining or liner installation) and to
determine the location of the pipe by use of tracking beacons on the video
camera. A budget allowance of $7,000 is included for this work for subconsultant
services by Bravo Environmental. Video work may not be feasible in all locations
due to poor pipe conditions or significant obstructions.
D. The consultant shall survey pipe location, structure data, and public utilities along
E. Marginal Way. A budget allowance of $1,500 is included for utility locate
services by a private locating service. The survey will be used to analyze the
feasibility and cost of replacement options. Additional base mapping may be
needed for final design depending on the findings of this preliminary analysis.
E. The Consultant shall review survey, video, available geotechnical records, City
GIS mapping, and other available information to develop up to 3 alternatives for
in -situ repair and /or pipe replacement.
F. The Consultant shall develop budget level cost estimates for each of the
alternatives developed in Item E.
G. The Consultant shall prepare a brief (2 -3 pages text plus supporting graphics)
summary memo to describe alternatives and provide a recommendation for long
term repair. The memo will include anticipated permit requirements,
geotechnical needs, utility relocation needs and other factors used in developing
the preferred alternative.
Deliverables
• DVD of all completed video inspections.
• Completed JARPA application.
• Draft Technical Memorandum (5 copies)
• Final Technical Memorandum (5 copies)
City of Tukwila KPG, Inc.
EMW Emergency Stormwater Repair Page 2 of 2 January 2, 2013
16
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