The URL can be used to link to this page

Home My WebLink About21-022 - PACE Engineers - Design Services: Macadam Road South - Watermain/Sidewalk ImprovementsCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 21-022(d) Council Approval N/A CONTRACT FOR SERVICES Amendment #4 Between the City of Tukwila and PACE Engineers That portion of Contract No. 21-022 between the City of Tukwila and PACE Engineers is hereby amended as follows: Section 04a: 4a. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, will increase the contract amount by $36,000.00, provided that the total amount of payment to the Consultant not exceed $327,939.16 without express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this 18th day of August , 2022. CITY OF TUKWILA PACE ENGINEERS HP C7/(Leu/& 6A-Ge/cg Key. J.1.1,1c1,,1711.1e,e2,00.0,1UJ.20e3, Allan Ekberg, Mayor 08/18/2022 Printed Name: Kenneth H Nilsen ATTEST/AUTHENTICATED APPROVED AS TO FORM eSigned via SeamlessDocs.com Ch/te:dg C36/(etheYMT1 Key: a0e,e.e.e0Uelea07,5.7.1.1t..2.5broJfe eSigned via SeamlessDocs.com oe. %.5)adi-eK Key: Uff,....a.,ebbflUID.2_,11.27,firE.Sc.2e.1, Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Reviewed May 2020 Page 1 of 1 An Engineering Services Company July 13, 2022 Mr. Adib Altailal Public Works City of Tukwila 6300 Southcenter Blvd Tukwila, Washington 98188 Engineers ( PBanners yors Subject: Macadam Road and Sidewalk Improvements- Professional Services Contract Amendment #4 Dear Adib: Based on our discussions, PACE Engineers Inc. (PACE) is submitting the following contract amendment for City review and approval regarding additional construction management and inspection support on the Macadam Road Watermain and Sidewalk Improvement Project. This additional work is described as follows: Additional Construction Management/Inspection Services The original construction budget was based on an assumed number of construction days for inspection and overall construction management with the contractor. This estimate was prepared prior to the selection and award of the construction contract and a full understanding of the contractor's schedule. This additional inspection and construction management work occurred in the following areas: • Total number of working days increased, resulting in more inspection time than originally estimated. • Increased number of material submittal reviews from the contractor than was originally budgeted. • Increased daily coordination between the construction superintendent and our PACE construction engineer. • Request for a Record Drawing Plan set based on contractor and inspector redlines. • Redesign of the water line in several locations based on previously unknown or unidentified underground utilities. PACE proposes to provide the services listed above on a time -and -expense basis at a not -to exceed amount of $36,000 (see attached spreadsheet for back-up). Again, we are pleased to submit this updated scope of work and budget needed to bring this project through construction close-out. Please do not hesitate to contact me at 425.827.2014 or ;,n r,caceerrgrs.corrn if you have any comments or questions. Sincerely, PACE Engineers, Inc. Kenneth H. Nilsen, P.E. Vice President PACE Enginneers, Vnc. 255 KirkEarid Way 1 Suite 300 KirkEand, Washington 98033-07'15 p 425.827.20'14 1 f 425.827.5043 www.paceeng rs.com MACADAM ROAD BUDGET ANALYSIS 7/12/2022 Cost to complete (see table below) Estimated Shortfall Change Order #4 TOTAL CONTRACT AMOUNT TASKS REMAINING $ 35,856.00 $ 35,856.00 $36,000.00 $327,939.16 Ken Bill Sam John CAD Survey Support Punchlist / Final Inspection 10 10 PE #4 1 10 10 PE #5 1 10 10 Recommendation of acceptance 2 10 10 as-builts 4 10 10 10 36 16 Contingency 4 20 10 TOTAL HOURS 12 20 70 40 46 16 TOTAL COST $ 3,000.00 $ 5,000.00 $ 12,460.00 $ 6,000.00 $ 5,796.00 $ 3,600.00 TOTAL $ 35,856.00 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2021 to 2026 PROJECT: Macadam Rd S Water Upgrade Project No. 90440105 DESCRIPTION: Design and construct 4,300 LF of 10" waterline in Macadam Rd S from S 144th St to Southcenter Blvd. JUSTIFICATION: Improve fire flow water quality to the north side of Tukwila Hill. STATUS: Project now scheduled for 2021/2022. MAINT. IMPACT: The new waterline will eliminate maintenance time for flushing the dead end line while increasing service reliability. COMMENT: Pedestrian/Bicycle Program grant for sidewalks unsuccessful in 2018, with water funds used as a match. FINANCIAL Through Estimated (in $000's) 2019 2020 2021 2022 2023 2024 2025 2026 BEYOND TOTAL EXPENSES Design 68 100 50 50 268 Land (R/W) 0 Const. Mgmt. 250 50 300 600 Construction 300 300 950 1,550 TOTAL EXPENSES 68 0 650 400 1,300 0 0 0 0 2,418 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 68 0 650 400 1,300 0 0 0 0 2,418 TOTAL SOURCES 68 0 650 400 1,300 0 0 0 0 2,418 2021 - 2026 Capital Improvement Program 61 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 21-022(c) Council Approval 3/21/22 CONTRACT FOR SERVICES Amendment #3 Between the City of Tukwila and PACE Engineers That portion of Contract No. 21-022 between the City of Tukwila and PACE Engineers is hereby amended as follows: Section 04a: 4a. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, will increase the contract amount by $150,000.00, provided that the total amount of payment to the Consultant not exceed $291,939.16 without express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this 24th day of March , 2022. CITY OF TUKWILA PACE ENGINEERS HP eSiCfnea via SeamlessDocs.com C7/(Leu/& 6A-Ge/g Allan Ekberg, Mayor 03/24/2022 4# Printed Name: ecishyt-To.. /11 ATTEST/AUTHENTICATED APPROVED AS TO FORM eSignecl via SeamlessDocs.com Chi C36/(etheyetz`T1 Key: 7315f1D61,0,31,73f397276,17.30015 e,ignecl via ,e,mlessDocs.com cj' oe. (t_S)adi-eK Ka, 0,919.3a,laelb.MeZelOcbc1 =Of Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Reviewed May 2020 Page 1 of 1 PACE An Engineering Services Company January 25, 2022 Mr. Adib Altallal Public Works City of Tukwila 6300 Southcenter Blvd Tukwila, Washington 98188 [Engineers 11 f °Ilam r;r Subject: Macadam Road and Sidewalk Improvements- Professional Services Contract Amendment for Construction Inspection Dear Adib: [I Surveyors Based on our prior discussions, PACE Engineers Inc. (PACE) is submitting the following contract amendment for City review and approval, to provide full time construction inspection for the Macadam Road Watermain and Sidewalk Improvement Project. This amendment covers costs necessary to provide full time inspection services including necessary support staff as described below. Construction Inspection PACE will provide a full-time inspector for this project as requested by the City. Duties include but are not limited to: • Onsite Inspection • Coordination with Contractor • Coordination with City • Tracking of Quantities • Pay Requests • Project Closeout • Other Tasks as needed. Previously approved scope and budget included responding to RFI's, review of Material Submittals and attendance at the preconstruction meeting. This contract does not include any required special inspections such as compaction testing which will be provided by the City under a separate contract. PACE proposes to provide the services listed above on a time -and -expense basis not to exceed $150,0000. The breakdown for the above fee is shown on the attached budget worksheet. This amount shall not to be exceeded without prior authorization from the City. Again, we are pleased to submit this updated scope of work and budget to support the Macadam Road Watermain and Sidewalk Improvement project through construction bidding. Please do not hesitate to contact me at 425.827.2014 or Ikg. n,n..,.pagg.gn,g,ir ;.,c.. if you have any comments or questions. Sincerely, PACE Engineers, Inc. Kenneth H. Nilsen, P.E. Executive Vice President PA..CliE [Engineers, Inc - 11255 Kiridand Way 1 Suite 300 Kirldand, VVashington 98033-6715 n 425.827.2.014 1 f 425.827.5043 www. ppaceeng rs.com PACE Engineers Project Name Project #: ` rt Billing Group #:I Project Budget Worksheet - 2022 Washington EOR Rates Location:1 Task #:I IPrepared By: Date: KN 1/24/2022 StaffType # (See Labor Rates Table) StaffType Hourly Rate Drawing/Task Title Labor Hours by Classification Labor Code Job Title 1 _ 15 81 91 $250 $165 $150 $115 Sr. Principal Engineer Sr. Engineer Sr. Inspector Project Adminlstrator Hour Total Dollar Total Task 1- Inspection Support Full time inspection assume 90 days (10 hr days) 900 900.0 $135,000 Project Initiation 8 8.0 $1,200 Project Closeout 8 8.0 $1,200 Coordination 12 24 24 60.0 $9,720 Hours Total Labor Total 12.01 240 916.01 $3,000 s $3,960 s $137,400 s 24.01 $2,760 s s s s s s s 976.0 $147,120.00I PACE Reimbursable Total Project Billed Labor Total Expenses Subconsultants Budget Expenses Reimbursable Quantity 1 Cost Subconsultants rate/unit Utility Locate Mechanical Engineer Electrical Engineer Geotechnical Engineer I &C Engineer Subconsultant Subtotal € Postage/Courier Printing Costs Photo/Video Mileage/Travel/Per Diem Miscellaneous $2,942.40 $147,120.00 $2,942.40 I $150,062.40 Markup 15% Total $2,942.40 File: Macadam Exhibit B1, Fee Worksheet Total Page 1 of 1 Printed: 21212022, 4:39 PM City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 21-022(b) Council Approval N/A CONTRACT FOR SERVICES Amendment #2 Between the City of Tukwila and PACE Engineers That portion of Contract No. 21-022 between the City of Tukwila and PACE Engineers is hereby amended as follows: Section 04a: 4a. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, will increase the contract amount by $37,000.00, provided that the total amount of payment to the Consultant not exceed $141,939.16 without express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this 15th day of December , 20 21 CITY OF TUKWILA PACE Engineers HP eSignecl via SeamlessDocs.com C7/(Leu/& 6A-Ge/gi Key: UrSaab0.5101,1e15,,,,11,05,2,1,0 Allan Ekberg, Mayor 12/15/2021 Printed Name: EN/V) ATTEST/AUTHENTICATED APPROVED AS TO FORM eSignecl via SeamlessDocs.com Ch/te:dg C36/(etheYMT1 Gj' oe. (1,5e6ri-eK Key: 9,17bcfriebb0Salec10,1,13,3elcetlab Key: UbelDfOol,lea,106baa.25e,11c1,17,17,1b Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Reviewed May 2020 Page 1 of 1 An Engineering Services Company November 30, 2021 Mr. Adib Altallal Public Works City of Tukwila 6300 Southcenter Blvd Tukwila, Washington 98188 Subject: Macadam Road and Sidewalk Improvements- Professional Services Contract Amendment #2 Dear Adib: eyors Based on our discussions from earlier this month, PACE Engineers Inc. (PACE) is submitting the following contract amendment for City review and approval regarding professional services on the Macadam Road Watermain and Sidewalk Improvement Project. This amendment covers additional design costs and creates a management reserve fund (MRF) that could be accessed to provide services during construction depending on the City's needs. These tasks are described below. Additional Design Services PACE expended additional design costs in bringing this project to completion beyond what was contemplated in the original scope of work. The primary areas of additional costs were as follows: • Additional effort in preparing the Project Manual including the use of the latest GSP's. • Additional effort in finalizing the Bid Plan set beyond what was anticipated. • Coordination with the City on several alternative connections along Southcenter Blvd. • Modifications to the water profile to minimize pipe depth and the number of utility crossings. Additional Cost: $12,000 Management Reserve Fund (MRF) These funds can only be used with written permission from the City. It is anticipated that these funds may be used during the construction services phase of this project, depending on City staffing availability. Tasks could include but are not limited to: • Attendance at the preconstruction meeting • Review of Material Submittals • Responding to RFI's • Onsite inspections including a final inspection • Construction management duties • Other items that may be requested by the City Management Reserve Fund: $25,000 IDACf::i! liii!n¢.�ineers, Inc. 255 Kirkland Way Suite 300 Kirkland, Washington J8033-6715 p 425.827.2014 f 425.827.5043 www.paceengrs.com November 30, 2021 Mr. Adib Altailal City of Tukwila Page 2 of 2 IEngiineers 1 Plllanners 1 Surveyors www.paceengrs.com PACE proposes to provide the services listed above on a time -and -expense basis at a not to exceed amount of $37,000 with the MRF to be used only with written permission from the City. Again, we are pleased to submit this updated scope of work and budget to support the Macadam Road Watermain and Sidewalk Improvement project through construction bidding. Please do not hesitate to contact me at 425.827.2014 or nrn(?aceengrs.corn if you have any comments or questions. Sincerely, PACE Engineers, Inc. --/v/ 7i. Kenneth H. Nilsen, P.E. Vice President G \I I,ei...AIxnilsen\:)ocuirrz,nt;\I'').r. I//lacacia rrr Id[,cad A,,,AYF2,cioox P,A►ICE An Engineering $oMcos Company City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 21-022 (a) Council Approval N/A CONTRACT FOR SERVICES Amendment # 1 Between the City of Tukwila and PACE Engineers That portion of Contract No. 21-022 between the City of Tukwila and PACE Engineers is hereby amended as follows: Sections 03 and 04a: 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 31,2022, 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 31,2022 unless an extension of such time is granted in writing by the City. 4A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, will increase the contract amount by $27,600.00, provided that the total amount of payment to the Consultant shall not exceed $104,939.16 without express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this 12th day of October , 2021 CITY OF TUKWILA CONSULTANT PACE Engineers, Inc. C7/(Law 6A-Ge/cg Key: JaalUOID,,,,,Jcbl5b5,1,20a,111.1 Allan Ekberg, Mayor 10/12/2021 Printed Name: Kenneth H Nilsen ATTEST/AUTHENTICATED APPROVED AS TO FORM Ch C3/M1 eSvia ignecl Christy O'Flaherty, MMC, City Clerk Office of the City Attorney CA Reviewed May 2020 Page 1 of 1 EXHIBIT B PACE Engineers Project Budget Worksheet - 2021 Washington Standard Rates Project Name Project #: Macadam 'ca. ASA Location:) T...,..w L, sa I Prepared By: Date: KN I Billing Group #: Task #:I I 8/30/2021 Staff Type # (See Labor Rates Table) Staff Type Hourly Rate Drawing/Task Title Design Revisions Labor Hours by Classification $541.02 labor Code Job Title 1 13 118 75 $541.02 $245 $186 $127 $127 Senior Principal Engineer Sr. Project Engineer Sr. Project Administrator CAD Tech 11 Hour Total Dollar Total 8 24 4 24 60.0 $9,980 change Design from 8 -inch to 12 -inch at 95% submittal Develop overlay design options incl quantyity takeoffs and cost est. Delay in project schedule Parking layout at north end adjacent to park Bid Support 10 67 7 I 10 94.0 $17,071 RFPs 1 6 2 2 11.0 $1,869 Bid Opening 3 1 4.0 $685 Adendum 1 422 9.0 $1,497 Submittal Reviews (assumes 16 @ 0.5 hr each) 8 8.0 $1,488 Attend Biweekly meetings (assume 10 meetings @3 hrs each) 2 30 32.0 $6,070 Public Outreach (prepare flyers, exhbits and attend two meetings @ 3 hrs each) 61 6 2 6 30.0 $4,700 Hours Total Labor Total 18.0'. 91.0'.: 11.0 $4,410'. $16,926'; $1,397 34.0'.: $4,318'; 154.0 $27,051.00 $27,051.00I Expenses Reimbursable rate/unit Quantity Cost Postage/Courier Plotter Photo/Video Mileage/Travel/Per Diem Miscellaneous $541.02 Total 1 $541.02 File: Tukwila Macadam ASA 083021, Fee Worksheet Subconsultants Utility Locate Coatinglnsp Electrical Engineer Geotechnical Engineer I & C Engineer Subconsultant Subtotal Total Page 1 of 1 Design Revisions $9,980.00 Bid support $17,071.00 Reimbursable Expenses $541.02 Subconsultants to complete TOTAL $27,592.02 Total Project ASA Budget Request $27,600.00 Printed: 8/30/2021, 2:04 PM CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2021 to 2026 PROJECT: Macadam Rd S Water Upgrade Project No. 90440105 DESCRIPTION: Design and construct 4,300 LF of 10" waterline in Macadam Rd S from S 144th St to Southcenter Blvd. JUSTIFICATION: Improve fire flow water quality to the north side of Tukwila Hill. STATUS: Project now scheduled for 2021/2022. MAINT. IMPACT: The new waterline will eliminate maintenance time for flushing the dead end line while increasing service reliability. COMMENT: Pedestrian/Bicycle Program grant for sidewalks unsuccessful in 2018, with water funds used as a match. FINANCIAL Through Estimated (in $000's) 2019 2020 2021 2022 2023 2024 2025 2026 BEYOND TOTAL EXPENSES Design 68 100 50 50 268 Land (R/W) 0 Const. Mgmt. 250 50 300 600 Construction 300 300 950 1,550 TOTAL EXPENSES 68 0 650 400 1,300 0 0 0 0 2,418 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 68 0 650 400 1,300 0 0 0 0 2,418 TOTAL SOURCES 68 0 650 400 1,300 0 0 0 0 2,418 2021 - 2026 Capital Improvement Program 61 City ��o� Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 21-022 Council Approval 2/1/21 PROFESSIONAL SERVICES AGREEMENT (Inc/udes consuftant.s, architects, engineers, accountants, and other professiona/ THIS AGREEMENT is entered into between the City of Tukwila, VVaShiOgƒOn, hereinafter referred to as "the City", and PACE Engineers, 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 construction management services in connection with the project titled Macadam Rd S Water Upgrade. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "K attached hereto, including the provision of all labor, rnmterio|s, 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, 2021, 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 aN services and provide all work product required pursuant to this Agreement no later than December 31, 2021 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 foliows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amoun.t of payment to the Consultant shall not exceed $77.339.16 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 the[eOf, payment shall be made to tbe Consultant : 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 perfD[nned. services rendenad, and for aIF nnGtar|a|0, 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 3h8|| be made available upon request. 1/1 5 Ownership and Use of Documents. All dooumen\m, dravvings, 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 prject specified in this Agreement. �. Compliance with Laws. The Consultant sh8N, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulatioris, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, of[iCia|S, 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 /\oreernent, 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, OffiCia|s, 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 Industria Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. � Insurance. The Consultant shall procure and maintain for the duration of the Agreement, nsurance against claims for iuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Conmu|toOr, 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 o[ in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the Iimits 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 Dvvmed, 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 nec8sS8ry, the policy shall be endorsed to provide contractual liabiity coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggreute.CVDlnnerda|(]anoroULiabil[ty insurance shall be at Ieast as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at Ieast as broad as ISO endorsement form CG 20 26. CA revised May 2020 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Page 2 4. Professional Liability with limits no less than $2,000,000 per claim and $2.000.000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance Iimits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. 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 D. Accebi| Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not Iess than A:VII. E. Verification of Coverage. Consultant shall furnish the City with Original certificates and a copy of the amendatory endonsennmnta, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. 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. G. 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 Surns so expended to be repaid to the City on dennand, or at the sole discretion of the City, offset against funds due the Consultant from the City. S. 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 here1o. 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 p[0grarn, otherwise assuming the duties of an employer with respect to the Conau|tan[, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultarit warrants that he bas not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this oonLract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the ConsVlt8n1, 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 |iab||i(y, 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. CA revIsed May 2020 Page 3 11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, re|igiOn. Cr8ed, oolor, national origin, age, veteran status, sex, sexual ori8nt8M80, gender identity, marital status, political affi|ioUon, the presence of any disability, or any other protected class status under state or federal law, 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 nmennbar, 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 Agreennent, 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 Consutant 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, regu|aUons, and ruUes, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukvvila. 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. M any ternn, 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 tbeir sense and context are reasonably intended to survive the oonmp|eUon, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the foMowing address: City Clerk City ofTukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the foliowing address: Ken Nilsen, P.E. 11255 Kirkland VVoy#3QO Kirkland, WA 98033 18. EntireAgreement; 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, CA re%Ased May 2020 Page 4 HP DATED this 3rd day of February CITY OF TUKWILA C-4(Leut ..65e -g Key Allan Ekberg, Mayor 02/03/2021 , 2021 CONSULTANT By: — - Printed Name: t 4:iv/via-TR Ai/ .-->e:A" Title: 66-7,7 Attest/Authenticated: Approved as to Form: Oh4.€9 6,6,7(eth&9 coy oe. City Clerk, Christy O'Flaherty Office of the City Attorney CA revised May 2020 Page 5 EXHIBITA CITY OF TUKWILA MACADAM ROAD SOUTH - WATERMAIN/SIDEWALK IMPROVEMENTS SCOPE OF WORK PACE Engineers had previously prepared a 75% design for the Macadam Road South Water improvements prior to the City putting the project put on hold. The watermain improvements are intended to replace an existing undersized water main and extend it to the south to Southcenter Boulevard to complete a loop, thereby increasing fire flow and reliability to the Tukwila Hill area. In addition, to finalizing the design for these watermain improvements, they City would like to have a sidewalk constructed along the missing sections of Macadam road to improve pedestrian safety and mobility. The installation of a sidewalk would also require a new piped storm drainage to convey stormwater runoff. The specific tasks of the scope are described as follows: BASE DESIGN SERVICES Task 1— Project Management & Meetings This task is for general project management and meetings relating to the project including communication and coordination with the City and internal team, and preparation of invoices & pertinent backup materials, progress reports, responding to general client questions and reviewing. Task 2 — Watermain Design Under this task, PACE will progress the existing watermain design estimated at 75% complete to bid set package of plans and project specifications This work includes submitting the existing 75% plan set to the City for review and comment. PACE will then incorporate any City comments into a final bid -ready plans and project manual. Task 3 — Sidewalk/Storm Design Under this task, PACE will prepare a 30% preliminary layout of the new sidewalk and associated road drainage system similar to the schematic layout submitted as part of this proposal. PACE has budgeted 1 -day of survey to pick up any missing information needed for the sidewalk design. Following City comments of this submittal, PACE will then incorporate any City comments into a final bid -ready plans and specifications. The specifications will be incorporated into the overall project manual. PACE will sperate the costs for the storm design and sidewalk design for ease in City allocating the design costs to the appropriate City fund. Assumptions: Since the sidewalk would be located horizontally in the same location as the existing paved shoulder adding no new impervious area therefore no flow control would be required and since this sidewalk is a non -pollution generating surface no water quality treatment is required. Macadam Rd. Water Scope of Work Page 2 Task 4— Geotechnical Evaluation PACE will retain the services of a geotechnical engineer to provide consultation during the deign process on soil conditions and slope stability. Including in this task we have budgeted up to two borings upto 15 -feet deep. PACE has included a $10,000 place holder for this task. OPTIONAL DESIGN SERVICES Task 5 Environmental If required by the City, PACE will conduct a delineation along the western edge of the wetland located along the east side of Macadam Road South along with a determination of the wetland classification. It appears that all work will be outside of the wetland but there may be wetland buffer impacts that may require mitigation. Specific tasks are as follows: Item 1 — Desktop Review: PACE will conduct a desktop review of available site information to obtain historical and regional regulatory information on any onsite critical areas. Item 2 - Wetland Delineation: PACE will conduct a site investigation to establish wetland boundary, buffers and habitat and identify any other critical areas in the project area. Data points will be located in the field and the boundaries and ordinary high water marks will be flagged in the field for location and identification by the City or their representative. Item 3 — Wetland Report: PACE will prepare a report using the data collected in the field per City Code TMC 18.45 to include address wetland and habitat. Report will include data and rating forms as required by the Washington State Department of Ecology. Item 4 — Mitigation Planning and Monitoring: PACE will prepare a mitigation plan for impacts to critical areas buffers as required by City Code TMC 18.45. PACE will also provide mitigation monitoring and reporting services as required by LFPMC 16.16.120 for a period of no less than five years as determined by the City Planning Director. Annual reports/memos will be provided to the City with recommendations for maintenance if deemed necessary. Item 5 — Washington Department of Fish and Wildlife (DFW) Hydraulic Project Approval (HPA): PACE will prepare documentation and necessary materials for submittal to DFW's APPS online permitting system for review of possible habitat impacts and to obtain an HPA if required by DFW. httpsV/tukwilawa..sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/2021 Agenda Items/01-25- 21 TIC/L. Water - Macadam PE/Macadam water main ÷ sidewalk scope_110420..docx Macadam Rd. Water Scope of Work Page 3 Assumptions: • Project will not require SEPA • Permitting will be done by the City • Mitigation work will be performed by others • Mitigation monitoring and reporting is for a period of no less than 5 years per TMC 18.45 • All work will be performed outside of the ordinary high water mark of any water body • A USACE permit will not be required Services During Bidding, Award and Construction These services are anticipated to be included in a future funding application and are not included in this scope of work. Fee Estimate PACE proposes to provide the services listed above on a time -and -expense basis as follows: BASE DESIGN SERVICES (incl. geotechnical) for a fee of $55,425. OPTIONAL DESIGN SERVICES (environmental) for a fee of $21,915 The breakdown for the above fee is shown on the attached budget worksheet. This amount is not to be exceeded without prior authorization for revised or additional scope of services. httpsV/tukwilawa..sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/2021 Agenda Items/01-25- 21 TIC/L. Water - Macadam PE/Macadam water main ÷ sidewalk scope_110420..docx EXH I BIT B PACE Engineers Project Budget Work sheet • 2020 Municipal Rates Project Name Project Macadam Road 0 oaitalutSidw gl, Or Path Location' 1 AMID .] Prepared By Date 101 I Billing Group 41____________ Task it LI 116412620 Staff Type # (See Labor Rades Table) Staff Type 8014 0010 rawbeask Title BASE DESIGN UM: 1 .. Project Management Task 2 . Malin Waterman, Design submit 75% plans and specs to City for review and comment prepare 106% plans and specs for City review fibnalize bld docs Task 3 . Design of S klew Mk 31114 storm drain system and Submit TO City survey pick-ups Ms sumo 1.day) Prepare Preliminary 000070* for sjeleaulk and storm drainage Corridor modeling ath sections elm? 25 -feet Preapre 100% sidewalk plans and specs for City Review Preapre 100% sthundrain plans and specs for City Review Finalize Bid Doc s OPTIONAL DESIGN S EAMES Task 4 .Environmental Task 1- Delineation Desktop Review Task 2 . Field Delineation Task 3 - Delineation Ro.pod Task 4 .luatigation planning A Monitming 6 Reporting Task 5 - Hydraulic Project Approval I 31,794.16 Labor BOWS by Classgicalion Labor Cade Job Title 111 4230 Senior Ftric011 toljneer . ; 14 $1187 Roject InnOneer . 75 $11110 CAD tech III . 118 ! 0118 1618004106 Mministulto 43 $1177 160004 1800444 Lfaragm 2 48 2 000 Survey Tech III 58 9200 Two -Person Crew ------ ! 33 ! $155. 54 Plarrom 68 ! $4411 tolOneog ON 20 $177 St IPEM Oeskjne, ! 31 $1177 3018480* Meow 67 4155 SrGflSMrO� Hour 1 Total 1 12 24 18 1 6 16 8 4 a 6 15 80 _ 85 1 i 4 8 ! 116 2 40 i 16 4 10 i 24 4 8 20 4 8 ! 4 _-- 9 I - : 1. . 4 .-- .-- .-- - - , 4 8 4_ 4 8 -- .-- -- i .-- . .- 4 4 86 1 12 6i 8 i6 _ aa ! 24 .- 12 _ - - - 14 I 12 I 42 12 44 4 ! 81 61.0 2031 836 51 15.0 60.0 42.6 12.0 Hours Total Labor Total 39.0 10401 *66 84204 611,3 4111028 17 06 0 351k 12.N . . . 02000 8704 6200 06600 413,836 ! 41082 ! 14 Oi 4206 120 $2,470 ! $2,124 ! $1,860 408.0 86400400 Expenses Reimbursable PotageiCourier Plokm Pholonldeo MileagefrraveldPer Dem Mtscellaneous Technology Fee .l2% of labor) . . i $500.00 I 91,201 16 Total I 31,794.16 Ego, Macadam Design Cost to complete with sialemalk_110420, Fee Worksheet Sulmonsultants Utility Locate kitchen.] Engineer Electrical Engineer Geolechnical Engineer 3 410,000 1816 Engineer SuboonsultamtSubtotal 6 110,000.00 Markup 115% Total! 311,500 00 Page 4014 PACE Billed Labor Tolal 954,050 00 Bombers shle E xpenses 11,761 16 Subconsultants 911,505 50 Total Project Budget Dollar Total 811,684 89,700 63,548 430086 846270 121,481 3413* 12,058 60,420 44,428 411,400 3211,414 Priotell- 11542020, 322 PM