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HomeMy WebLinkAbout20-090 - PACE Engineers, Inc - Design and Construction Management Services: Sewer Lift Station No. 12 Wet Well RepairsCity �»�v� Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 20-090 Contract Number: Council Approval N/A PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, ongineem, 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 pject titled Sewer Lift Station No. 12 Wet Well Repairs. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all |obor, moteha|a, equipment and supplies. 3 Duration of Agreement; Time for peifommmncm. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2020, 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, 2020 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 $10.000.00 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 thenaof, 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 perfornned, 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 finat payments. Copies shall be made available upon request. s+ /lu' o/ � L/0� ' � 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 in executed or not. The Consultant shall be permitted to retain oopies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Corisultant 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. O. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federG|, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. � Indemnification. The Consultant shall dehand, indemnify and hold the City, its offioero, 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 Aoreement, except for injuries and damages caused by the sole negNgence 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, oMicia|s, emnp|oyeeo, 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 FlCVV, 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 Agnmement, 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 Consu|ton(, 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 lovvnrin 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 ovvnod, 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 provtde contractual IabiIity coverage. 2. Commercial General Liability insurance with limits no less than $1.008.000 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 i'u and advertising i'u . The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance poticy with respect to the work performed for the City using an additional insured endorsement at Ieast as broad as ISO CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. mrevised December 20m Page 2 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to cont@in, or be endorsed to contain that they shall be primary insurance ith respecthotheCitv. Any |nSunonce, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not Iess than A:VII. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance po|inien, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contnact, 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 discnyUon, 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. 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 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 progrocn, 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 oontnact, 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, oonnnoiSoion, pencontage, brokerage fee, gifta, 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 |i8bi|ity, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, ComrnisSion, peroenCago, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. Contnactor, with regard to the work performed by it under this AOreennent, will not discriminate on the grounds of race, re|igion, oreed, co|or, national ohgin, age, veteran otetuo, sex, sexual orientotion, gender identity, marital status, political effi|iadon, the presence of any disabi|ity, or any other protected class status under state or federal |ovv, 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. CA revised Decmber 2016 Page 3 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 nnennber, 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 vvith, all applicable fodero|, state and local |ovvs, regulations, and ru|os, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arUitrgMon, or other proceeding is instituted to enforce any term of this Ag,eennent, the parties specifically understand and agree that venue shall be properly laid in King CVunb/, 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 terrn, 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 Agreernent, which by their sense and context are reasonably intended to survive the oonnp|eUon, expiration or cancellation of this AQreement, shall survive termination of this Agreement. 17, Notices. Notices to the City of Tukwila shall be sentto the foliowing address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the foliowing address: Ken Nilsen, PE PACE Engineers, Inc. 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 18. Entire Agreement; Modification. This Agreement, together with attachments or addende, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negodahnns, rnpnasenbations, 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 December 2016 Page 4 DATED this CITY OF TUKWILA day of 3 EP 7t/A3 ert, , 20_20 , CONSULTANT Jz- By: Had Ponnekanti, P.E., Public Works Director CA revised December 2016 Printed Name: ke..--/v/v Title: 1,) t(6- :6-..1veA--/T Page 5 .PACE �An Englneartm;NiC$19 Company September 1, 2020 Mr. AdibAKaUo| Public Works City of Tukwila 6300 8OuthC8Dt8rB|vd Tukwila, Washington 98188 Engineers PUnners Surveyors Subject: Lift Station Retrofit Projects— Proposed Contract Amendment LS's #12 Dear Adib: Based on prior discussions, PACE Engineers, Inc, is submitting the following request for a contract amendment to the City's proposed Lift Station #12 Retrofit Project for oddidnna| work not included in the original scope of work. Per your direction PACE has continued with these design efforts to meet the City's proposed fall 2020 construction schedule. As nequeskad, the following items are included as separate documents for easy insertion into contract documents: • Exhibit A — Scope of Work • Exhibit B — Budget Worksheet We propose to provide the services listed above on a time -and -expense basis at a not -to -exceed amount of $10,000 as shown in the attached budget worksheet. This amount is not to be exceeded without prior authorization for revised or additional scope of services. Again, we are pleased to submit this scope of work and budget for the Lift Station #12. Please do not hesitate to contact me at 425.827.2014 or kennRpaoeonqrs,com if you have any comments or questions. Sincerely, PACE Engineers, Inc. Kenneth H. Ni|sen, P.E. Vice President Attachments Exhibit A Exhibit B PACE Engineers, ncssKirkland Way Suite WO Kirkland, VVashing(on 9E63343a WNW. paceengrs corn LIFT STATION #12 Scope of Work EXHB|TA Task 1 - Lft Station #1 2 Plans and Specs— Prepare designn plans and specifications for Lift Station #12 for inclusion with the Lift Stations 2 and 4 construction project. The original; scope of work was to prepare a Tech Memo on the proposed solution for LS #12. Task 2— Bid Support — PACE will provide bid support as needed including but not limited to responding to contractor questions and preparing any addendums as needed Task 3— Management Reserve Fund — This task will cover certain unanticipated items that may PACE Engineers Project Nal Ire Prepet Staff Type 7 See Labor Rates Table) Staff Type Hourly Raie Drawing/Task Title DESIGN Task 1 - L5012 Design B Specs (new work) Task 2 . Bld Su pprt Task 3 Management Reserve Fund Tukwila 01412 Contract Arnand Pent i3illirg Grotto le EXHIBIT B Project Budget Worksheet • 2020 Municipal Rates Lieeefienil Tukwila Task4:1 Ppearaa Ey Dale 006 91142020 Labor I4ours by Classification Labor Code 1 14 75 Job Title $236 $164 5118 5118 Senior Principal Project Sr. Project Engineer Engtneer CAD Tech 11 Admonsestet 8 16 6 4 Hour total Dollar Total 28.0 12.0 Roars IMP Labor Total 55,032.00 51,946.00 53 000.00 10 00 52,360 22 00 $3,674 000 5944 40.00 59,978.00 56,978.00 Expenses Reimbursable ratelunit Quantity 1 Cost Postage/Courier Plotter Pho17e4011e0 Mtleage/TrayeldPer Diem Mtseellaneous Technology Fee (290 of labor) Total File: Tukwila L512 00_090120, Fee Worksheet Subconsultants Electrical LS 414. Coord wISI Subconsultant Subtotal Markup 15% Total' Page 1 of 1 PACE Billed Labor Te.al Reimbursable Expenses MBE Total Project Budget 5697600 53,00100 I 59,978.00 y $10,000 6006041 91172020, 12:59 PM