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HomeMy WebLinkAbout24-032 - PACE Engineers - Civil Engineering Peer Review: Village at 47thCity of Tukwila Agreement Number: 24-032(a) Council Approval N/A 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and PACE Engineers That portion of Contract No. 24-032 between the City of Tukwila and PACE Engineers is hereby amended as follows: Section 2: Scope of Services: The Consultant agrees to perform the services, identified on Exhibit the revised scope of services, Exhibit "C" attached hereto, including the provision of all labor, materials, equipment and supplies. Section 3: Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending on December 31, 2024 2025, 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 within ten (10) days of the Notice to Proceed unless an extension of such time is granted in writing by the City. Section 4: 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 $39999 $55,000, with the increase of $15,001 representing the difference from the original contract amount, 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 20th day of December , 20 24 CA Reviewed May 2020 page I of 2 City of Tukwila Agreement Number: 6200 Southcenter Boulevard, Tukwila WA 98188 CITY OF TUKWILA CONTRACTOR: Signed by: t,b04as D 94 -4r - Thomas.. McLeod, Mayor ATTEST/AUTH ENTICATED: Signed by: FEBB�-PkFF6�8�} Andy Youn, City Clerk APPROVED AS TO FORM: Signed by: -4. Swt-4 99E�44ff E-4 Office of the City Attorney By: Printed Name: Wiliam Reynolds Title: Sr. Principal Engineer CA Rcvicwcd May 2020 pane 2 of 2 JJ,A& PACE EXHIBIT C WATER I LAND I INFRASTRUCTURE I FACILITIES ADDITIONAL SERVICES AGREEMENT #1 TO: Cherie Du PROJECT NAME: Village at 47th Peer Review City of Tukwila Public Works 6300 Southcenter Blvd, Ste 100 Tukwila, WA 98188 PROJECT NO.: 24452 FROM: Bill Reynolds, P.E DATE: December 18, 2024 SUBJECT: Supplemental budget for additional services This Service Agreement is intended to advise that a request for services has been made which is not in our Scope of Services or Fee. The subject contract is herein amended to incorporate the following scope of services: I. SCOPE OF SERVICES PACE has provided civil engineering peer review of the stormwater elements for the Village at 47th development project. The original scope of this task is being revised to account for the additional consultation and plan review for the applicant's request to phase the storm drainage construction and review of a variance request. No further services are anticipated on this task. The original scope of this task included two reviews of the lift station design, and SCADA integration coordination with the City and Romtec, which has been exceeded due to the complexity of the design and the review of a 3rd submittal. This task also includes one additional review (4th review) of the sewer lift station plans. This review assumes verification of PACE comments on previous reviews. It is not expected new information will be presented for additional review or included herein. II. F E E The estimated fee for the scope of services above is $12,500.00, which would bring the total contract amount to $52,499.00. Client agrees to pay PACE for the above services on the basis of: An hourly labor rate plus reimbursable expenses per PACE Standard Hourly Rates. 2025 rates will take effect on January 1, 2025. 11255 Cirldaind Way, Suite 300 C irlkV.aind, Washington 98033 3417 4255 827.2014 December 18, 2024 Cherie Du City of Tukwila Public Works Additional Services Agreement # 1 Page 2 of 2 III. SCHEDULE The current contract term ends on December 31, 2024. This amendment extends the contract to March 31, 2025. All services provided within the scope of this ASA will be performed as per the terms and conditions approved under the above-mentioned base contract for the project, unless stated in the scope within this document. If you have any questions, require any additional information, or would like to discuss this project further, please do not hesitate to contact us at your earliest convenience. Sincerely, PACE Engineers, Inc. Bill Reynolds, Senior Principal Engineer billr ap ceengrs.com A& PACE I 111;11 Y/I 2/I/I52VII I AtrI AI /17 111 1 '111�1�111AIlInt)JI f ) I I'^9i11JArt l'^II NI,r,r)NIIV%r,II Will I/171111 11,✓f'vv %,,P%HI 12 18')0l/I fern. Citof Tukwila Contract Number: 24-032 y Council Approval N/A 6200 Southcenter Boulevard, Tukwila WA 98188 (D 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, 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 civil engineering peer review services in connection with the project titled Village at 47tH 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 on December 31, 2024, 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 within ten (10) days of the Notice to Proceed unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $39,999 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. 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 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 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. Attn: Pat Kohlbrenner, PE 11255 Kirkland Way Kirkland, WA 98033 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 DATED this 14th day of March 12024 CITY OF TUKWILA CONSULTANT: DS DocuSigned by: � E�,bw�aS �l.(,(,c,b�, REE2438II54.SEi4hG By: Thomas McLeod, Mayor 3/14/2024 1 1:09 PM PDT ATTEST/AUTHENTICATED: by: EDocuSigned � VtSf y 0-, F aLUYV RR67R4R3CR594E7._. Christy O'Flaherty, City Clerk APPROVED AS TO FORM: DocuSigned by: �. a"SE49_A4165E4'9 Office of the City Attorney Title: Senior Principal Engineer CA revised May 2020 Page 5 WATER I LAND � INFRASTRUCTURE I FACILITIES SCOPE OF WORK CITY OF TU ILA VILLAGE AT 47TH ENGINEERING PEER REVIEW PROJECT UNDERSTANDING The City of Tukwila (City) is reviewing a permit for a proposed development named Village at 471h The permit is for a 6 -story residential senior -housing development proposed and designed by Vintage Housing, LLC and PacLand (applicant). The applicant's Technical Information Report states that the project site is bound by 47" Avenue S to the east, by S 1081" Street to the north (an undeveloped public right-of-way), by Martin Luther King Junior Way S to the west, and by undeveloped parcel to the south. The project site is comprised of six parcels, totaling 10.97 acres. This project will involve grading and clearing the existing undeveloped site mainly comprised of trees and shrubs, and construction of an approximately 79,000 square foot housing development, as well as associated parking lot, drive aisles, sidewalks, retaining walls, landscaping, utilities, and stormwater management facilities. It is understood that the project also includes the design and construction of a new sanitary sewer lift station with proposed connection to the City's existing sewer system in S Ryan Way. Furthermore, it is understood that the City will be responsible for the ownership, operation, and maintenance of the new lift station following complete construction, testing, and startup. The City requested PACE Engineers, Inc. (PACE) to perform a peer review of the applicant's proposed sewer lift station and stormwater facilities associated with the proposed development. 6'10101 us] 'aV0i1:1l124 This Scope of Work is intended to provide a summary of the scope and costs associated for the peer review services for the project listed above, at the request of the City. PACE will perform a civil engineering peer review of the stormwater elements on the submitted materials submitted for the project listed above. The project will be reviewed for compliance with the 2021 King County Surface Water Design Manual and the City's adopted stormwater standards. This task will include production of formal review letters and attendance of a plan review kick-off meeting with the City, and coordination meetings if necessary, with the applicant's engineer. All meetings assumed to be facilitated through an on-line service such as Zoom or Microsoft Teams. Eaff City agrees to pay PACE for the services under Task 1 on the basis of: An hourly labor rate plus reimbursable expenses per PACE Standard Hourly Rate Schedule as outlined in the Professional Services Authorization agreement between the City and PACE. PACE estimates a maximum fee of $7,500 for this task. This estimate assumes the review of one initial March 7, 2024 P24118 City of Tukwila Village at 47th Peer Review Scope of Work Page 2 of 2 submittal and review of one resubmittal. If subsequent reviews are necessary, then an amendment to the authorized fee will be required. Task 2 ® Sewer Lift Station Review PACE will perform civil and electrical engineering peer review of the sanitary sewer lift station for the project listed above. The project will be reviewed for compliance with the most recent version of the Washington State Department of Ecology Criteria for Sewage Works Design ("Orange Book"), the City's current Comprehensive Sanitary Sewer Plan, the City's current Infrastructure Design and Construction Standards, and other generally accepted methods that meet the standard of care for the industry. Given that the City does not have a formally adopted set of standards for the design of new sanitary sewer lift stations, PACE will rely on City staff participation throughout the review process, specifically regarding electrical controls/telemetry and any City -desired preferences for the operation and maintenance of the lift station. PACE will also rely on recent past experiences designing lift station retrofits for the City (ie. Lift Station #2 and #5). PACE will complete all civil engineering services in-house and will subcontract with Follett Engineering for electrical engineering services associated with the peer review. It is assumed that the City will consult with their preferred system integrator, Calvert Controls, for input on the design and integration of the proposed lift station controls/telemetry to be consistent with the City's current SCADA system. This task will include production of formal review letters and attendance of a plan review kick-off meeting with the City, and coordination meetings if necessary, with the applicant's engineer. All meetings assumed to be facilitated through an on-line service such as Zoom or Microsoft Teams. Eaff City agrees to pay PACE for the services under Task 2 on the basis of: An hourly labor rate plus reimbursable expenses per PACE Standard Hourly Rate Schedule as outlined in the Professional Services Authorization agreement between the City and PACE. PACE estimates a maximum fee of $32,499 for this task. This estimate assumes the review of one initial submittal and review of one resubmittal. If subsequent reviews are necessary, then an amendment to the authorized fee will be required. END OF SCORE OF WORK I' I<II�IIN !4,NI II�,I�,; f I ; d P1,, IN I I. I;I N 115IIf II", ViII,x,;"I 4/1111I „iIc,ncrw IIfk iI",-VIII;xc;,I 4/11I 1 „i I�c.,I<�. . coI,,;doc/ 2024 STANDARD A& PACE EXHIBIT B HOURLY RATE SCHEDULE Water I Land I Infrastructure I Facilities Effective January 1, 2024 DESCRIPTION 1. Office Tech I, Expediter 1 HOURLY RATE $ 65.00 2. Office Tech 11, Expediter 11, Survey Field Tech $ 80.00 3. Intern, Survey Tech I, Jr. CAD Tech, Jr. Inspector, Office Tech 111, $ 100.00 4. Designer, Jr. Planner, Survey Tech 11, CAD Tech, Inspector, Sr. Office Tech, Jr. Ecologist/Scientist $ 120.00 5. Jr. Engineering Staff, Designer 1, Planner, GIS Tech, Survey Tech 111, CAD Tech 1, Inspector 1, Project Administrator, Ecologist/Scientist $ 136.00 6. Engineering Staff 1, Designer 11, Planner 1, Survey Tech IV, GIS Analyst 1, CAD Tech 11, Inspector 11, Sr. Project Administrator, Ecologist/Scientist 1 $ 151.00 7. Engineering Staff 11, Planner 11, GIS Analyst 11, Designer 111, CAD Tech 111, Inspector 111, Survey Tech V, Ecologist/Scientist 11, Landscape Architect 1 $ 166.00 8. Project Designer, Planner 111, Sr. Survey Tech, GIS Analyst 111, Engineering Staff 111, Sr. CAD Tech, Sr. Inspector, Ecologist/Scientist 111, Landscape Architect 11 $ 181.00 9. Engineer IV, Project Designer 1, Sr. Planner, Project Surveyor, Sr. GIS Analyst, CAD Manager, Project CAD Tech, Sr. Project Inspector, Engineering Staff IV, One -Person Crew, BIM Manager, Ecologist/Scientist IV, Landscape Architect 111 $ 194.00 10. Project Engineer, Project Designer 11, Project Planner, Sr. Project Surveyor, Sr. Project GIS Analyst, Structural Engineer, UAS Pilot, Ecologist/Scientist V, Landscape Architect IV $ 209.00 11. Sr. Project Engineer, Sr. Structural Engineer, Sr. Project Designer, IT Manager, Sr. Project Planner, Survey Project Manager, Tech Services Manager, Sr. Ecologist/Scientist, Sr. Landscape Architect $ 222.00 12. Project Manager, Principal Surveyor, Planning Project Manager, Principal Ecologist/Scientist $ 238.00 13. Sr. Project Manager Sr. Principal Surveyor, Two -Person Crew, Sr. Principal Ecologist/Scientist $ 252.00 14. Principal Engineer, Principal Planner, Sr. Two -Person Crew $ 272.00 15. Sr. Principal Engineer, Sr. Principal Planner $ 288.00 A. REIMBURSABLES Subconsultants, Professional and Technical Cost + 15% B. Project Administration $60.00/Invoice C. Maps, reports, materials, permit fees, express delivery and messenger, pass-through bills, and similar items necessary for work in progress Cost + 15% D. Out -of -Town travel per diem and cost of commercial transportation Cost + 10% E. Transportation within 30 Mile Radius * No Charge Transportation beyond 30 Mile Radius—Automobile At Approved IRS Rate * On job inspection mileage will be billed At Approved IRS Rate F. Printing Costs Large Format Blueprints and Reproduction — Bond $ 0.50/sq ft Large Format Blueprints and Reproduction — Mylar $ 1.50/sq ft Color Copies — In-house (81/2 x 11) $ 0.25/page G. Expert Witness Rate x 1.5 Notes: ' All payment is due within 30 days from date of invoice. A monthly service charge of 1 %will be added on all accounts older than 30 days. 2 The foregoing schedule of charges is incorporated into the agreement for the services provided effective January 1, 2024. After December 31, 2024, invoices will reflect the schedule of charges in effect at that time. Rev. 12/12/2023