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Home My WebLink About09-115 - PACE Engineers - Gilliam Creek Basin Overflow Design 09- 115(d) Council Approval N/A SUPPLEMENTAL AGREEMENT NO.4 to CONSULTANT AGREEMENT N0.09 -115 C� THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila, Washington, herein -after 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. The City desires to supplement the agreement entered into with the Consultant and executed on July 20, 2009 and identified as Agreement No. 09 -115. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 1. Time for Performance, shall be amended as follows: The maximum time allowed under the Original Agreement along with Supplement No.s 1, 2 and 3 is increased from 401 calendar days to August 31, 2010. This Supplement No.4 extends the estimated duration 122 calendar days to December 31, 2010. DATED this 7 day of OE4+,V� 2010. CITY OF TUKWILA CONSULTANT Jim G lgrton, M JJ Printed Name: i) s %Ih� fir Title: Yr: A?� CITY OF TUKWILA SUPPLEMENTAL AGREEMENT NO. 3 to CONSULTANT AGREEMENT NO. 09 -115 (C) 09-115(c) Council Approval N/A THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila, Washington, herein -after 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. The City desires to supplement the agreement entered into with the Consultant and executed on July 20, 2009 and identified as Agreement No. 09 -115. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 1. Time for Performance, shall be amended as follows: The maximum time allowed under the Original Agreement along with Supplement No.s 1 and 2 is increased from 315 calendar days to May 31, 2010. This Supplement No.3 extends the estimated duration 92 calendar days to August 31, 2010. DATED this 910 910 r day of 2010. CONSULTANT By: awe Printed Name: Title: C r/s /eAdi ha r t d 7 ti 6,Abg&i SUPPLEMENTAL AGREEMENT NO. 2 to CONSULTANT AGREEMENT N0.09 -115 09-115(b) Council Approval N/A THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila, Washington, herein -after 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. The City desires to supplement the agreement entered into with the Consultant and executed on July 20, 2009 and identified as Agreement No. 09 -115. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 1. Scope of Services, The Consultant is retained by the City to perform Design services, and was amended in Amendment No. 1 to include Construction Administration Services. The City has requested ongoing services identified on Exhibit "A -2" attached hereto, including provision of all labor, materials, equipment and supplies. 2. Time for Performance, The maximum time allowed under this agreement is increased from 75 calendar days to 315 calendar days. 3. Payment, The maximum amount payable under this agreement was $85,665.00, of which $35,373.00 was allocated for construction management. In light of ongoing contractor requests, the City has requested continued consultant services related to construction management. These are additional as identified on Exhibit `B -2" and total $2,840.00, for a revised project maximum amount payable of $88,505.00. There will be no changes to the amendments without expressed written modification of the Agreement signed by the City. DATED this V day of c hf-Aal CITY OF TUKWILA 2010. CONSULTANT By: Liirtf‹ Printed Name: (4 ri S Rh /1., e., A a t Sr. Aid jr /ljanage-r' Title: 16 d a Cliff 6 c-3 4:bac An Engineering Services Company February 16, 2010 EXHIBITA -2 Mr. Michael Mathia City of Tukwila 6300 Southcenter Blvd., Suite 212 Tukwila, Washington 98188 Subject: Gilliam Creek Basin Stormwater Overflow, Contract No. 09 -115 Proposal for Construction Administration Services Amendment 2 Dear Mike, We appreciate the opportunity to submit this proposal for continuing Construction Administration Services for the above referenced project. PACE is presently providing Construction Administration services for the project under a Consultant Agreement for Design Services dated July 20, 2009 and amended in Supplemental Agreement No. 1 dated October 12, 2009. This proposal amends the original scope of work to add ongoing construction administration services related to contractor claims. SCOPE OF SERVICES The proposed scope of services consists of additional examination of contractor claims and assistance with the City's response. BUDGET We propose to add $2,840.00 to the current project budget of $85,665.00 for an amended total of 88,505.00. We will continue to bill monthly and provide progress reports if requested by the City. All billings will be at our current approved rates. Direct costs will include courier /mailing costs, supplies, printing, paper, etc. Budget estimate Exhibit B -2 is attached. We have attempted to cover all aspects of the work. However, if you feel that additional areas of work require our attention or if you have any questions please feel free to call me. We look forward to continuing to work with you and other City staff. Sincerely, PACE Engineers, Inc. Chris Rhinehart, PE Senior Project Manager Attachments Engineers 1 Planners 1 Surveyors PACE Engineers, Inc. Seattle Office 1601 Second Avenue 1 Suite 1000 1 Seattle, WA 98101 P 206.441.1855 1 f 206.448.7167 paceengrs.com PACE Engineers Exhibit B-2 Project Name Gilliam Creek Overflow Pipe; Project 1 09 620 Staff Type (See Labor Rates Table) 10 Staff Type Hourly Rate $165 Labor Principal Amendment 2 Code Engineer Engineering Support Project Management Hours Total Labor Total Expenses Postage/Courier Plotter PhotoNideo MileagefTravel/Per Diem Miscellaneous Technology Fee Total LS 11 $155 Sr Project Manager 4 2 Billing Group #:1 0.0: 6.0: 16.0 16 74 $105 $105 Cad Drafter Engineer II 16 $0 $930 $1,680 $0 $170 $0 $0 Reimbursable rate/unit Quantity Cost $0.00 $60.00 $60 Project Budget Worksheet 2009 Standard Rates Location:1Strander Blvd, Tukwila 1 Prepared By: Chrs Rhinehart Task #:1 001 Date: 16-Feb-10 Labor Hours by Classification 91 $85 Project Administrator 2 Subconsultants Utility Locate File: Gilliam Creek Const services Amend 2 09 Standard Rates, Gilliam Cr Overflow Page 1 of 1 Electrical Engineer Geotechnical Engineer I C Engineer Subconsultant Subtotal Markup Total 100 100 100 59 43 $0 Open $0 Open 0.0: 2.0: 0.0 0.0 $0 10% $0 $0 Open $180 2-Man Survey Crew $135 48 $105 Survey Proj Survey Tech Mngr 0.0: 0.0: 0.0: 0.0 PACE Billed Labor Total Reimbursable Expenses Subconsultants Hour Total 20.0 4.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 24.0 $0 $0 $0 $0 $2,780.00 $2,780 $60 $0 Total Project Budgetil $2,84011 Rate Table Used: 2009 Printed: 211712010, 1:14 PM THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and PACE Engineers, Inc, hereinafter referred to as "the Consultant in consideration of the mutual benefits, tenns, and conditions hereinafter specified. The City desires to supplement the agreement entered into with the Consultant and executed on July 20, 2009 and identified as Agreement No. 09 -115. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: 2. Scope of Services, The Consultant is retained by the City to perform Design services, identified on Exhibit "A" and the Scope of Services is amended to include the additional work items identified on Exhibit "A -1" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Time for Performance, The maximum time allowed under this agreement is increased from 120 calendar days to 240 calendar days. 4. Payment, The maximum amount payable under this agreement as supplemented shall remain $85,665.00 as identified on Exhibit `B" and $35,373.00 will now be allocated for construction management as identified on Exhibit "B -1 There will be no changes to the amendments without expressed written modification of the Agreement signed by the City. DATED this day of h0 CITY OF TUKWILA CONSULTANT SUPPLEMENTAL AGREEMENT NO. 1 to CONSULTANT AGREEMENT NO. 09 -115 c 2009. By a 09-115(a) Council Approval NIA Printed Name: C- 5' lJ i et-✓ Ci Title: �-c g%nre.S ,5 OK (6/4' S (P An Engineering Services Company 4 June 2009 Ryan Larsen, P.E. Public Works City of Tukwila 6300 Southcenter Blvd. Tukwila WA 98188 Subject: Scope of Work for Gilliam Creek Basin Overflow Pipe Exhibit A PACE Proposal Number P09 -484 Dear Ryan: FXHIB1T Engineers I Planners I Surveyors PACE Engineers, Inc., is pleased to submit this proposed scope of work and fee estimate based on our understanding of this project. Project Understanding PACE recently performed a feasibility study to determine the potential for a new storm drain overflow pipe connecting existing City storm drainage pipes between Andover Park East and Andover Park West in Strander Blvd. The overflow pipe could reduce potential Southcenter area flooding in the event that high discharge into the Green River overtops the levees by allowing some flows to be directed to the Strander Blvd pump station. A preliminary layout was developed to determine the potential utility obstacles and effective pipe sizing. The proposed overflow pipe connects the conveyance to the Strander Pump Station with the existing pipe to Tukwila Pond. Scope of Services A detailed proposal consisting of eight (8) tasks follows. This proposal includes necessary engineering through the project bid phase and direct costs associated with the project. PACE will be the prime consultant for the entire Scope of Work and will complete all civil engineering and survey services in- house. We anticipate starting this work immediately following City feedback on the Feasibility Study. We recommend the SEPA process be initiated as soon as possible with the Feasibility Study submittal accompanying the checklist. Approval from this process is needed to accomplish the required schedule, so timely decisions will be needed by the City. We propose to do this work on a time and expense basis with a not to exceed amount of $85,665 plus optional PACE Engineers, Inc. Seattle Office 1601 Second Avenue I Suite 1000 I Seattle, WA 98101 O:\ SCOPE \ENGINEER \2009engr \glUllalll creek Overflow \l;Hilalrl Creek Scope 6-4-09 P09 484.0 P6.441.1855 I j 206.448.7167 paceengrs.com Ryan Larsen, P.E. City of Tukwila June 4, 2009 Page 3 Stormdrain Overflow Pipe PACE will design a new gravity storm line from the Andover Park West to Andover Park East down Strander Boulevard, connecting to the existing stormdrain system which flows to the Strander Blvd. pump station. Existing catch basins will be redirected into the new drainage system. The existing storm system will be abandoned in place where appropriate. It is assumed that the new pipe will be constructed within the center two lanes so that one lane of traffic can be maintained in each direction during construction. Road Restoration /Improvements PACE will design the roadway restoration based on City standards for utility trench repair, as well as striping and replacement of signal loops as required by the design within the project limits. The following list of drawings is anticipated: List of Drawings Number of Drawings Title Sheet 1 Existing Conditions 2 Temporary Erosion Control and Sedimentation Plan, Notes, and Details 4 Construction Notes and Sequence 1 Drainage Plan and Profile (20 scale) 2 Stormwater Details 1 Strander Blvd Road Restoration Plan (20 scale) 1 Total: 12 Task 5 Project Management /Coordination /Meetings Engineers 1 Planners 1 Surveyors PACE will provide the time needed to administer and coordinate the project. Our goal is to insure there are no surprises when the final design is submitted to the City. The following items are included in this task: 1. Attend coordination meetings with the City as required. For budgetary purposes 32 hours have been allotted for meetings. Since the amount of meeting time is not under our control any time in excess of the budgeted 32 hours will be billed on a time and materials basis. 2. In -house project administration, scheduling, and direction of design team staff. 3. Preparation of monthly progress reports ;mote) O \S COPE \ENG!NN.!EER \2OO9erigr \gilliarn creek Overflow \GiH warn Creek Scope 6-4-09 P09 4'c4.cicc PAC E Ryan Larsen, P.E. City of Tukwila June 4, 2009 Page 5 Final Design Document submittal —end of July2009 O Contract Document submittal —end of August 2009 The following construction documents will be provided for City use: 10 copies, 1/2 size Final Plans (Bond) 1 Full Size mylar copy of Final Plans 10 copies, Final Specifications 1 Copy, Final Engineers Estimate The proposed schedule assumes prompt reviews by the City and no obstacles with permitting. This schedule contains no float and all items must go as intended to meet the 2009 construction schedule. We have developed a scope of work based on our present knowledge of the proposed project. We have tried to cover all aspects of the proposed project; however, if you feel that additional areas of work require our attention, please don't hesitate to call. We are pleased to submit this scope of work to accomplish the civil engineering tasks for this project and look forward to continuing to work with you. Sincerely, PACE Engineers, Inc. Chris Rhinehart, P.E. Sr. Project Manager Attachments 1 LD `^]rte, g ild creek Creek Scope -f!_( O: \Cu��EIJGlf• f_' ��_'i:�.;:,..'.I; \�:,Lalrl cry I; c,��cri�:. •,.�l�li:ra r e: ce b J� Engineers I Planners I Surveyors PAC E) (PA An Engineering Services Company September 21, 2009 Mr. Ryan Larson City of Tukwila 6300 Southcenter Blvd., Suite 212 Tukwila, Washington 98188 Subject: Dear Ryan, k kh 'T Gilliam Creek Basin Stormwater Overflow, Contract No. 09 -115 Proposal for Construction Administration Services ENGINEERING SUPPORT TASK 1 DESCRIPTION Engineers I Planners 1 Surveyors We appreciate the opportunity to submit this proposal for providing Construction Administration Services for the above referenced project. PACE is presently providing survey and engineering services for the project under a Consultant Agreement for Design Services dated July 20, 2009. This proposal amends the original scope of work to add construction administration services for construction of the storm drainage system, paving, signal loops, and striping. The proposed scope of services to be performed under each task is described below. We have also prepared a budget estimate, which is attached as Exhibit A. Engineering Support This task provides for responses to requests for information (RFIs), and general project management services during the construction phase of the project. PACE will also review and evaluate requests for changes based on changed conditions and prepare the necessary documentation. PACE will review Monthly Progress Payment Requests prepared by the contractor for owner approval. It is anticipated that the City's inspector will review and coordinate with the contractor on the actual quantities for payment for the work. Preconstruction and Weekly Construction Meetings Under this task, PACE will participate in the preconstruction meeting and weekly construction meetings. Meeting minutes will be prepared and distributed by City staff. The construction work is scheduled to be completed within 40 calendar days, or about 6 weeks. Submittal Review PACE will review material submittals to assure the proposed materials are in accordance with the project plans and specifications, and provide comments as appropriate. Copies of the submittal review documents will be furnished to PACE by the City. Construction Observation PACE will provide construction observation services in conjunction with the City's' inspection staff. PACE will provide these services during the nighttime construction within the intersections (72 hours), as well as approximately half of the normal daytime construction days (90 hours). Construction observation for the remaining daytime construction days will be performed by City staff. For each site visit, a report documenting the Contractor's progress and any problems or unusual conditions encountered will be provided. PACE Engineers, Inc. Seattle Office 1601 Second Avenue 1 Suite 1000 I Seattle, WA 98101 P 206.441.1855 1 f 206.448.7167 paceengrs.com Ms. Chris Rhinehart PACE Engineers, Inc. 1601 2nd Avenue, Suite 1000 Seattle, Washington 98101 crhinehart@paseengrs.com Dear Ms. Rhinehart: an ASSOCIATES,INC GEOT1:.C'IINIC'AL. ENGINEERING ENVIRONMENTAL_ ENGINEERING CONSTRUCTION MATERIALS TESTING INSPECTION September 21, 2009 Proposal No. G09- 151WAB RE: Proposal for Compaction Testing and Sub -grade Verification Gilliam Creek Basin Stormwater Overflow project Strander Boulevard, Andover Park E, Andover Park W Tukwila, Washington 98188 Tel: (206) 574 -1212 Fax: (206) 574 -1101 Krazan Associates appreciates the opportunity to provide this proposal for Compaction Testing and Sub grade Verification for the Gilliam Creek Basin Stormwater Overflow project. Based on Drainage Plans Stormwater Details and the Construction Schedule we have estimated testing inspection on utility trench backfill, asphalt, and additional sub -grade verification for structures and storm lines. Generalized Scone of Services Our field and laboratory staff will be providing services for the ongoing construction of the above reference project. The scope of services will include: Compaction Tests on Utility Trench Storm Line BackfiIl Compaction Tests on Catch Basin Backfill Compaction Tests on Asphalt Laboratory Tests including Proctor Sieve Analysis, Rice Values, and Gradation- Extraction Additional Geotechnical and Testing Inspection Services if needed The testing and inspection will be performed according to the frequency established in the project specifications, civil drawings, construction schedule and on -site evaluations. Inspection reports will be distributed at an ongoing rate at the request of the Owner, Architect, Civil Engineer, Contractor, and or Building Department; including compliant and non compliant status conforming to the project specifications and requirements. 11715 N Creek Pkwy S, Ste C106 Bothell, Washington 98011 (425) 485 -5519 FAX (425) 485 -6837 With Offices Serving the 11'estern United States PACE Engineers Staff Type (See Labor Rates Table) Staff Type Hourly Rate Task 1 Survey Project Name Gilliam Creek Overflow Pipe P -484 Project 09620 Billing Group #:101 10 $165 Labor Principal Code Engineer 2 Task 2 SEPA assistance Task 3 Hydraulic Anal; TIR 4 Task 4 Final design 4 Task 5 PM. Mtgs 2 Task 6 Construction Docs 4 Task 7 QA 16 Task 2 Geo Hours Total Labor Total Expenses PostagelCourier Plotter PhotoNideo MileagelTraveliPer Diem Miscellaneous Technology Fee Total LS 11 $155 Sr Project Manager 2 16 60 60 60 8 4 $0.55 200 16 $105 Engineer II 2 48 80 12 60 32.0; 210.0; 202.0 $5,280: $32,550 $21,210 Reimbursable rate/unit Quantity Cost $8.00 4 $100.00 $200.00 $110.00 $1,705.00 $2,115 74 $105 Cad Drafter 8 III 4 80 66 158.0 $16,590 8 24 8 20 File: Gilliam Creek overflow Bdgt Wks 09 Standard Rates, Gilliam Cr Overflow Page 1 of 1 Location: Strander Blvd, Tukwila Task #:1 001 Labor Hours by Classification 91 100 100 $85 $0 $0 Project Administrator Open Open 60.0; 0.0 $5,100 $0 Subconsultants Utility Locate Mechanical Engineer Electrical Engineer Geotechnical Engineer 1 C Engineer Subconsultant Subtotal Markup Total 0.0 $0 $o 10% $0 EXHIBIT 3 Project Budget Worksheet 2009 Standard Rates Prepared By: Chrs Rhinehart Date: 26- May -09 100 59 43 48 $0 $180 $135 $105 2 -Man Survey Proj Survey Tech Hour Open Survey Crew Mngr II Total 8 4 8 30.0 0.0 4.0 80.0 248.0 82.0 210.0 24.0 0.0 0.0 0.0 0.0 0.0 4.0 0.0 0.0 0 8.0 $1,440 4.0: 8.0 682.0 $540 $840 $83,550.00 PACE Billed Labor Total $83,550 Reimbursable Expenses $2,115 Subconsultants $0 Total Project Budgetll $85,66511 Rate Table Used: 2009 Printed: 61412009,11:07 AM PACE Engineers Project Name Project Staff Type (See Labor Rates Table) Staff Type Hourly Rate Engineering Supprort Submittal Review Meetings Construction observation, night Construction observation, daytime (11 d) Record dwgs Project mgmt Hours Total Labor Total Expenses Postage /Courier Plotter Photo /Video Mileage/Travel /Per Diem Miscellaneous Technology Fee Total Gilliam Creek Overflow Pipe 09 620 1 10 11 $165 $155 Labor Principal Sr Project Code Engineer Manager LS 16 4 6 1 6 rate /unit Quantity $8.00 4 1 Billing Group #:1 Reimbursable 16 $105 Engineer II 32 6 14 72 90 4 Cost $100.00 $150.00 $0.00 $652.50 $903 File: Gilliam Creek Const services Bdgt Wks 09 Standard Rates, Gilliam Cr Overflow 74 $105 Cad Drafter III 6 $0 $5,115 $22,890 $630 Location: l Strander Blvd, Tukwila Task #:1 001 Labor Hours by Classification 91 100 100 $85 $0 $0 Project Administrator 4 Open 0.0; 33.0; 218.0; 6.0; 4.0; 0.0 0.0 $340 Subconsultants Utility Locate Krazan, Inc. Electrical Engineer Geotechnical Engineer I C Engineer Subconsultant Subtotal Markup Total Page 1 of 1 $0 Open $0 $5,000 $5,000 10% $5,500 Project Budget Worksheet 2009 Standard Rates 1 Prepared By: Chrs Rhinehart Date: 21- Sep -09 100 59 43 48 $0 $180 $135 $105 2 -Man Survey Proj Survey Tech Open Survey Crew Mngr II 48.0 10.0 20.0 0.0 72.0 90.0 0.0 0.0 11.0 10.0 0.0 0.0 0.0 0.0 0.0 0.0; 0.0 0.0 0.0 261.0 $0 $0 $0 $0 $28,975.00 Rate Table Used: 2009 Hour Total PACE Billed Labor Total' $28,975 Reimbursable Expenses $903 Subconsultants $5,500 Total Project Budget' $35,37811 Printed: 912112009, 2:14 PM CONSULTANT AGREEMENT FOR DESIGN SERVICES 09 -115 Council Approval 7/6/09 THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after 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 services in connection with the project titled Gilliam Creek Basin Overflow. 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. Time for Performance. Work under this contract shall commence upon the giving of 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 120 calendar days from the date written notice is given 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 $85,665.00 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 is 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 state for a period of three (3) years after final payments. Copies shall be made available upon request. 5o 0"gf G /A,J; -S 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 to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent 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 2 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. 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. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 3 16. 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. 1601 Second Avenue, Suite 1000 Seattle, WA 98101 17. Integrated Agreement. 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. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this day of 14 1 20(2 CITY OF TUKWILA Attest/Authenticated; V42 City Clerk CONSULTANT By: La Printed Name: CA rr.S /eh iJc Title: Sr-. f i2-i�G 4 eic-/ Approved as to Form: 2 c) Office of the City Attorney -77 o 9' 4 PACE An Engineering Services Company 4 June 2009 Ryan Larsen, P.E. Public Works City of Tukwila 6300 Southcenter Blvd. Tukwila WA 98188 Subject: Scope of Work for Gilliam Creek Basin Overflow Pipe Exhibit A PACE Proposal Number P09 -484 Dear Ryan: ZAfIDU r ri PACE Engineers, Inc., is pleased to submit this proposed scope of work and fee estimate based on our understanding of this project. Project Understanding PACE recently performed a feasibility study to determine the potential for a new storm drain overflow pipe connecting existing City storm drainage pipes between Andover Park East and Andover Park West in Strander Blvd. The overflow pipe could reduce potential Southcenter area flooding in the event that high discharge into the Green River overtops the levees by allowing some flows to be directed to the Strander Blvd pump station. A preliminary layout was developed to determine the potential utility obstacles and effective pipe sizing. The proposed overflow pipe connects the conveyance to the Strander Pump Station with the existing pipe to Tukwila Pond. Scope of Services A detailed proposal consisting of eight (8) tasks follows. This proposal includes necessary engineering through the project bid phase and direct costs associated with the project. PACE will be the prime consultant for the entire Scope of Work and will complete all civil engineering and survey services in- house. We anticipate starting this work immediately following City feedback on the Feasibility Study. We recommend the SEPA process be initiated as soon as possible with the Feasibility Study submittal accompanying the checklist. Approval from this process is needed to accomplish the required schedule, so timely decisions will be needed by the City. We propose to do this work on a time and expense basis with a not to exceed amount of $85,665 plus optional PACE Engineers, Inc. Seattle Office 1601 Second Avenue 1 Suite 1000 1 Seattle, WA 98101 O:\ SCOPE \ENGINEER \2009engr \gilliam creek over law \Gilliam Creek Scope 6-4-09 P09 484.0g6.441.1855 f 206.448.7167 paceengrs.com City of Tukwila June 4, 2009 Page 2 tasks (see attached spreadsheet). The budget is based on 2009 rates. Should any of this work extend beyond 2009, a cost adjustment may be needed for any portion of the work extending beyond this time. SCOPE OF WORK Task 1 Survey Some topographic survey was performed in support of the feasibility study. Some additional survey is needed to create the level of detail required for construction drawing base mapping. This task will perform additional field survey and update the project base map. Task 2 -SEPA This project will require compliance with the State Environmental Protection Act (SEPA). The City will complete an environmental checklist with input from PACE on relevant items. The City will issue and publish the SEPA document as required. A Determination of Non Significance (DNS) is expected. Task 3 Hydrologic /Hydraulic Analysis PACE will modify the preliminary pipe design based on feedback from the City. PACE will finalize the hydraulic analysis performed in the feasibility study. The City has adopted the most recent King County Surface Water Design Manual for stormwater design, which requires drainage review for any pipe over 12 inches in diameter. To address this analysis, PACE will prepare a Technical Information Report (TIR) suitable for targeted drainage review, addressing the hydraulic and hydrologic analysis of the overflow pipe. Task 4 Final Design PACE will provide final design plans based upon review comments on the feasibility study plan and profile. All materials and installation procedures will be in conformance with the City and WSDOT /APWA standards. All drawings will be prepared using the most recent version of AutoCAD. G: \SCOPE \ENGINEER \2009engr \gilliam creek overflow \Gilliam Creek Scope 6 -4 -09 P09- 484.doc P A C City of Tukwila June 4, 2009 Page 3 Stormdrain Overflow Pipe PACE will design a new gravity storm line from the Andover Park West to Andover Park East down Strander Boulevard, connecting to the existing stormdrain system which flows to the Strander Blvd. pump station. Existing catch basins will be redirected into the new drainage system. The existing storm system will be abandoned in place where appropriate. It is assumed that the new pipe will be constructed within the center two lanes so that one lane of traffic can be maintained in each direction during construction. Road Restoration /Improvements PACE will design the roadway restoration based on City standards for utility trench repair, as well as striping and replacement of signal loops as required by the design within the project limits. The following list of drawings is anticipated: List of Drawings Number of Drawings Title Sheet 1 Existing Conditions 2 Temporary Erosion Control and Sedimentation Plan, Notes, and Details 4 Construction Notes and Sequence 1 Drainage Plan and Profile (20 scale) 2 Stormwater Details 1 Strander Blvd Road Restoration Plan (20 scale) 1 Total: 12 Task 5 Project Management /Coordination /Meetings PACE will provide the time needed to administer and coordinate the project. Our goal is to insure there are no surprises when the final design is submitted to the City. The following items are included in this task: 1. Attend coordination meetings with the City as required. For budgetary purposes 32 hours have been allotted for meetings. Since the amount of meeting time is not under our control any time in excess of the budgeted 32 hours will be billed on a time and materials basis. 2. In -house project administration, scheduling, and direction of design team staff. 3. Preparation of monthly progress reports O:\ SCOPE \ENGINEER \2009engr \gilliam creek overf low \Gilliam Creek Scope 6 -4 -09 P09- 484.doc (PAC) City of Tukwila June 4, 2009 Page 4 Task 6 Contract Document Preparation PACE will prepare contract bid documents (plans, specifications, and engineers estimate of probable construction cost) in accordance with City standards and using the City's standard template. We anticipate the project will bid as one schedule and that the bid documents will be based on the Washington State Department of Transportation "Standard Specifications for Road, Bridge and Municipal Construction, 2008" and modified and amended as appropriate. We will incorporate any City forms or special bid /construction requirements within the bid document. It is assumed that the City will advertise, open bids and award the project with support from PACE. PACE will coordinate and upload bid documents to the Builders Exchange ftp site (BXWA.com) and provide deliverables as listed below under Deliverables. Task 7 Quality Assurance (QA) In order to assure that the final plans and specifications are complete, accurate and appropriate, PACE will conduct a QA review of the final documents prior to final (100 submittal to the City. This review will be assigned to a senior level principal who has not been associated with the project. The review will consist of a complete sheet -by -sheet and contract document review to assure the City that the documents meet or exceed the "level of care" of our industry and are the highest quality level possible. Task 8 Construction Services (Optional Task) PACE will be pleased to provide the following construction services to the City of Tukwila in support of this project if requested by the City. PACE proposes the following services during construction: 1. Bid assistance 2. Construction management 3. Construction surveying /staking 4. Construction inspection 5. Compaction testing 6. Shop drawing review 7. Progress payment processing 8. Record drawing preparation Deliverables and Schedule We anticipate the following submittals to the City for comments and approval, including estimate of probable construction cost. O:\ SCOPE \ENGENEER \2009engr \gilliam creek overflow \Gilliam Creek Scope 6 -4 -09 P09- 484.doc C PAs City of Tukwila June 4, 2009 Page 5 Final Design Document submittal —end ofJuly2009 Contract Document submittal —end of August 2009 The following construction documents will be provided for City use: 10 copies, size Final Plans (Bond) 1 Full Size mylar copy of Final Plans 10 copies, Final Specifications 1 Copy, Final Engineers Estimate The proposed schedule assumes prompt reviews by the City and no obstacles with permitting. This schedule contains no float and all items must go as intended to meet the 2009 construction schedule. We have developed a scope of work based on our present knowledge of the proposed project. We have tried to cover all aspects of the proposed project; however, if you feel that additional areas of work require our attention, please don't hesitate to call. We are pleased to submit this scope of work to accomplish the civil engineering tasks for this project and look forward to continuing to work with you. Sincerely, PACE Engineers, Inc. Chris Rhinehart, P.E. Sr. Project Manager Attachments 0: \SCOPE \ENGII`rEER\ 09 g l \Gilli i c_ r P Z!8'AI. j E _C��c,�,;ri�,iliiar�z cre ov rf�o�.r, ai�il,f:1 r4e,<�c.ol� J� o� .ca:: rPA6�E PACE Engineers Staff Type (See Labor Rates Table) 10 Staff Type Hourly Rate $165 Labor Principal Code Engineer Task 1 Survey 2 Task 2 SEPA assistance Task 3 Hydraulic Anal; TIR Task 4 Final design Task 5 PM, Mtgs Task 6 Construction Docs Task 7 QA Task 2 Geo Hours Total Labor Total Expenses Postage/Courier Plotter PhotoNideo MileagelTravel/Per Diem Miscellaneous Technology Fee Project Name Project Total Gilliam Creek Overflow Pipe 09 620 LS 4 4 2 4 16 32.0 $5,280 $8.00 rate/unit $0.55 11 $155 Sr Project Manager 2 16 60 60 60 8 4 210.0 202.0 $21,210 Reimbursable $32,550 Quantity 4 1 200 P-484 Billing Group #:I01 16 74 91 100 $105 Engineer II 2 48 80 12 60 Cost $100.00 $200.00 $110.00 $1,705.00 $2,115 $105 Cad Drafter 8 4 80 66 158.0 60.0 0.0 $16,590 $5,100 $0 Subconsultants Utility Locate Mechanical Engineer Electrical Engineer Geotechnical Engineer I C Engineer Subconsultant Subtotal Markup Total 8 24 8 20 $85 Project Administrator File: Gilliam Creek overflow Bdgt Wks 09 Standard Rates, Gilliam Cr Overflow Page 1 of 1 Location:1Strander Blvd, Tukwila Task #:1 001 Labor Hours by Classification $0 Open Project Budget Worksheet 2009 Standard Rates I Prepared By: Chrs Rhinehart Date: 26-May-09 100 100 59 43 $0 $0 $180 $135 2-Man Survey Proj Open Open Survey Crew Mngr 0.0 $0 0.0 $0 8 8.0 $1,440 EXHIBIT 8 48 $105 Survey Tech Hour II Total 4 8 30.0 0.0 4.0 80.0 248.0 82.0 210.0 24.0 0.0 0.0 0.0 0.0 0.0 4.0 0.0 4.0 8.0 682.0 $540 $840 $83,550.00 PACE Billed Labor Total Reimbursable Expenses Subconsultants $83,550 $2,115 $0 Total Project Budget l $85,66511 Rate Table Used: 2009 Printed: 61412009, 1:02 PM