HomeMy WebLinkAboutTIS 2021-09-13 Item 2B - Change Order #4 - Macadam Road South Water Upgrade - Design with PACE EngineersCity of Tukwila
Aran. Ekberg, Mayor
Prlbk Works Department - Harr Parrnekarrtr, Director/City Engineer
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Hari Ponnekanti, Public Works Director/City Engineer
BY: Adib Altallal, Utilities Engineer
CC: Mayor Allan Ekberg
DATE: September 10, 2021
SUBJECT: Macadam Rd S Water Upgrade Project- Design Supplement
Project No. 90440105
Contract No. 15-116, Change Order No. 4
ISSUE
Approve supplemental agreement for Contract No.15-116 with PACE Engineers Inc. (PACE) for the
Macadam Rd S Water Upgrade.
BACKGROUND
In 2015, the City contracted with PACE as the design consultant for the Macadam Rd S Water Upgrade
Project, along with the Andover Park E Water & Sewer Improvements under Contract No. 15-116. In
2017, the design was put on hold due to construction cost estimates coming in higher than proposed in
the 2019-2024 Capital Improvement Program. Due to limited fire flow issues, the project design
contract was renewed and the project budget allocated was increased.
DISCUSSION
The project has been repeatedly prioritized as a critical Capital Improvement Project by the Water
Department. City staff agreed upon the need for additional capacity and made the decision to change to
a 12 -inch pipe after two fires had erupted during Summer 2021 along the Macadam Road S waterline.
The 12 -inch pipe size will create plenty of redundant capacity and fire storage to minimize liability.
PACE will also provide support during the bidding process, including preparing addenda, attending bid
opening and construction meetings, as well as public outreach.
FINANCIAL IMPACT
The contract supplement is for $27,600, which will bring the contract total to $104,939.16 for the design
services portion of the Macadam Rd S Water Upgrade. The project costs are within budget and are
100% funded by the water enterprise fund.
PACE Contract 2021-2023 Design Budget
Original Contract $77,339.16
Supplement Contract 27,600.00
Total $104,939.16
$200,000.00
RECOMMENDATION
Council is being asked to approve a supplemental agreement for design services with PACE in the
amount of $27,600.00 for the Macadam Rd S Water Upgrade Project and consider this item on the
Consent Agenda at the September 20, 2021 Regular Meeting.
Attachments: 2021 CIP, Page 61
PACE Supplemental Agreement
61
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
S
Project Location
12:L
Is13ost
128
pA., , `/♦
Design
68
100
50
50
�fN
�
Apt
IN'
268
Land (R/W)
,
0
Const. Mgmt.
m
fn 5 144 St `
250
50
300
r`��
600
Construction
6 St
St
5
N
300
300
950
t.,
,
, `�
1,550
TOTAL EXPENSES
68
0
650
400
1,300
0
0
0
0
2,418
FUND SOURCES
vir:h fhC.7 _ 91
S158
St
Awarded Grant
A
dal��1l11
5 160
St
Tukwi.-- r"11-
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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
62
S
Project Location
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2021 - 2026 Capital Improvement Program
61
62
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and PACE Engineers, Inc., hereinafter referred to as "the Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform design and
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 "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, 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.
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 $27,600 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.
63
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.
2. Commercial General Liability insurance with limits no less than $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be at least 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 least as broad as ISO endorsement form CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
CA revised May 2020
Page 2
64
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 limits 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. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. 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 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 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.
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.
CA revised May 2020
Page 3
65
11. Discrimination Prohibited. Contractor, 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,
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 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.
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:
PACE Engineers, Inc.
11255 Kirkland Way #300
Kirkland, Washington 98033-6715
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.
CA revised May 2020
Page 4
66
DATED this day of , 20
CITY OF TUKWILA PACE Engineers, Inc.
Allan Ekberg, Mayor
By:
Printed Name:
Title:
Attest/Authenticated: Approved as to Form:
City Clerk, Christy O'Flaherty Office of the City Attorney
CA revised May 2020
Page 5
67
Utility Locate
Coating Insp
Electrical Engineer
Geotechnical Engineer
I & C Engineer
Subconsultant Subtotal
PACE Engineers
Project Name
Project #:
Staff Type # (See Labor Rates Table)
Staff Type Hourly Rate
Drawing/Task Title
Design Revisions
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
R F I's
Bid Opening
Adendum
Submittal Reviews (assumes 16 @ 0.5 hr each)
Attend Biweekly meetings (assume 10 meetings @3 hrs each)
Public Outreach (prepare flyers, exhbits and attend two meetings @ 3 hrs
each)
Hours Total
Labor Total
Labor
Code
Job
Title
Project Budget Worksheet - 2021 Washington Standard Rates
Expenses
Macadam Road ASA
Location.'
Tukwila
' Prepared By:
Date:
KN
Billing Group #:
Task #.'
8/30/2021
Labor Hours by Classification
1
13 118 75
$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
1
10
' 67
7 ' 10 '
1
94.0
$17,071
1
6
2 2
11.0
$1,869
3
1
4.0
$685
1
4
2
2
9.0
$1,497
8
8.0
$1,488
2
30
32.0
$6,070
6
16
2
6
30.0
$4,700
18.0
$4,410
91.0 11.0 34.0
$16,926 $1,397 $4,318
1 154.01.
$27,051.00
$27,051.00
Expenses
Reimbursable
Quantity Cost
rate/unit
Postage/Courier
Plotter
Photo/Video
Mileage/Travel/Per Diem
Miscellaneous
$541.02
Total) I $541.02
File: Tukwila Macadam ASA_083021, Fee Worksheet
Subconsultants
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
68