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HomeMy WebLinkAbout13-153 - PACE Engineers - Sewer Lift Station #2 Upgrade DesignCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 13-153(k) Contract Approval N/A CONTRACT FOR SERVICES Amendment #11 Between the City of Tukwila and PACE Engineers, Inc. That portion of Contract No.13-153 between the City of Tukwila and PACE Engineers Inc.is amended as follows: The time for completion of the project is extended from ,'9Rcen►be4 31, 2017 to December 31, 2018. All other provisions of the contract shall remain in full force and effect. Dated this � day of 20 r7 CITY OF TUKWILA Kms"'" CONTRACTOR FPS eitkvfruez-A-5,,riArc Allan kberg, Ma .r Printed Name: ke:Aintrmd /4. 1J/L5&14di 0. /4' ATTEST/AUTHENTICATED Christy O'Flah rty, MMC, City Clerk APPROVED AS TO FORM City Attorney / a d4/6/rv/96S Page 1 of 1 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 13- 153(j) Council Approval N/A CONTRACT FOR SERVICES Amendment #10 Between the City of Tukwila and PACE Engineers, Inc. That portion of Contract No.13 -153 between the City of Tukwila and PACE Engineers Inc.is amended as follows: The time for completion of the project is extended from January 31, 2017 to December 31, 2017. All other provisions of the contract shall remain in full force and effect. Dated this 1�- CITY OF TUKWI day of C_� �n fir , 20 1 CP CONTRACTOR Pi4cC en/6,,vicea5, joie Allan Ek•"'g ayor ATTEST/AUTHENTICATED LAtAlly Chri 'O'Flaherty, MMC, City Clerk City Attorney Printed Name: gt j / -i-n N, i fli '✓ APPROVED AS TO FORM S7. C /6//VS Page 1 of 1 SUPPLEMENTAL AGREEMENT NUMBER 9 to CONSULTANT AGREEMENT NUMBER 13 -153 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, September 30, 2013 and identified as Agreement No. 13 -153. 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: Scope of Services, for Supplemental Agreement #9 Sewer Lift Station No. 2 Upgrades for the City of Tukwila. The purpose of this supplement is to add: 1. Project ManagementlCoordination /Meetings PACE will provide administration and coordination of the project. The following items are included in this task: • Attend coordination meetings with the City as required. For budgetary purposes six (6) hours have been allotted for meetings. Since the amount of meeting time is not under our control, any time in excess of the budgeted six (6) hours will be billed on a time - and - material basis. • Coordination with subconsultant. • In -house project administration, scheduling, and direction of design team staff. • Preparation of monthly progress reports. • Quality Assurance including a review of all plans and documents at the preliminary design and final design stages of the project. • Provide 7 comb bound sets of final specifications and 11 x 17 sets of plans and 3 full size sets of plans. • Post bid package on Builders Exchange. • Review of bids and provide bid tab. • Provide construction cost estimate. 2. Revision Design PACE will prepare a set of drawings with the requested design revisions to submit to the City for review and comment. Based on our meeting and more recent emails with the City, we are assuming the following items: Civil: • Modify Temporary Bypass Plan sheet to reflect the existing casing under the railroad track. (W:Projects /04sw08 /Supplmental Agreement 9 APS) / 5 �2 i67/1// s • Utilize existing inlet manhole as a temporary bypass pumping wetwell. • Replace section of sidewalk on Andover Park West. • Modify specifications to include a Schedule B for coating existing pump station wetwell. • Update specifications using template provided by City. • Modify the following on the sheets or specifications; 1. Clean existing inlet pipe between inlet manhole and wetwell. Construction schedule highlighting bypass port being the first order of activity, removal of the section of manhole, and utilizing through plugs in existing 96" diameter manhole. 2. Backup redundant pump required during Lift Station upgrades. • Bid ready contract documents for the above items. Provide survey for installation of the new transformer west of lift station. Survey to include information so that an easement can be written for new the PSE transformer. 3 . Electrical Design Follett Engineering will prepare the following electrical design and evaluation: Electrical: $3,500 • Modify electrical specifications from CSI to 2016 WSDOT Standard. Place specifications in WSDOT Division 7. • Modify sheet showing power conduit coming into site from the South to the proposed transform. • Modify location of transformer (20 foot minimum from Genset) • Provide section view of electrical cabinets depicting top cable entry and verify all equipment requiring power has conduit running to it. • Review /verify specification for wall mounted transformer. • Review /verify how the outside Tight pole adjacent to the generator is connected. • Review /verify that switches in the wetwell are purchasable. • Add language in the specifications stating the electrician is to coordinate with Calvert during installation. • Review /verify electrical conduit elbows. • Ensure the following on the sheets or specifications 1. PSE service disconnect is installed before the meter. 2. Contractor shall be required to provide proof that the generator and electrical cabinets have been ordered prior to shutting down power. Location of the Proposed PSE transformer. Follett Engineering will prepare the final electrical design based upon review comments from the City. 3. Payment, shall be amended as follows: Payment for the work provided by the Consultant as part of this supplement shall be made for an additional $15,984.23 the total amount for the Consultant for this contact shall not exceed $87,661.23 without express written modification of the Agreement signed by the City (W: Projects /04sw08 /Supplmental Agreement 9 APS) 1. Time for Performance, is amended to change the number of calendar days for completion of the work to read 1,219 days. The completion date will now be January 31, 2017. DATED this Cr day of CITY OF TUKWILA , 2016. 9'` ✓�� CONSULTANT P4 CE A.6 /,,✓t2 • By: A l lake Ekberg, Mayor Printed Name: 11 A /NE7/-' A./ %l k S�.v Title: 1.}[c p (2�Sl J7 (W: Projects /04sw08 /Supplmental Agreement 9 APS) Project Budget Worksheet - 2016 Standard Rates PACE Engineers J N Ca 1- 0 0 C6 0 -J O C7 r Hours by Classificatio a J CO D) n w V O Cn O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 CD 0 0 0 0 N l.() a o S 10- O E9 O vs O 6A 69 OE9 z 10 • O CA CD O o rn E9 0 U U O - O OT N <f3 d d 'U • C N CD N R m t() CO 69 D a) W V) o Staff Type # (See Labor Rates Table) Staff Type Hourly Rate Drawing/Task Title O m........................,,,..,........,,..,,.......,,,.,...,,,,..,,...,.,,,.,.,.,...,..,.......,.........,...........,....,... ....,........,,.........,...... L c a m C z Task 1 - Project Management/Co Task 4 - Construction Services Lri o 0 CO O O 0 CD 69 • 0 o 69 O O • EA O • 69. O N CD (4) (4) O CV co CO CO C4 o O 1- F- N O i O J CO CO 69.c •r Ea 69 PACE Billed Labor Total Reimbursable Expenses N Vr C (6 0 O 0 m Rate Table Used: Subconsultants CD U 0 0 Mechanical Engineer O rj. ON N Cn Cn En Electrical Engineer Geotechnical Engineer 0 a Reimbursable 1 Quantity J Cost O CO 0 N. O N d 669 69 CO 69 Expenses rate /unit Postage /Courier Plotter PhotoNideo Mileage/TraveVPer Diem Miscellaneous Technology Fee (2% of labor) Total Printed: 8/3/2016, 6:43 AM File: Budget Worksheet - REDESIGN - 7-21-16, Fee Worksheet O O z 0 i o O 0 0 a) 0 E 0 Z CJ � J O N O O CO O O O O In O O CO O O O O O O m L17 a a H O N Project Number E O LL N U 0 Z H 0 0 O O O O CV O O N CV 0 O CV O O O O O O O O O O O O O O v CV 0 CV O CV 0 d 0) CU - C .0 u C o 0) t4 N a 3 a _ m 0) U c O cn N N p N CO is CL c C Cn C CU d La_ W O 0 O 0 O EL 0) CID a 0 O CL 0 CD o C 0) O D O CL O 0 0) 0 c0 D O 0_ O d 0 C O CU 0 0 0 W (1) E Cr) 0 T > i O 0 O d c N E 0) 0) (0 U O 0_ O d O 0 Field Control O 0 O CZ CT c0 0 O 0 O 0 O 0_ O E O U O 0 m c 4-M2. O 0 O co E J U) O 0) c0 N 0 Out -Side Services CO N- CO E 0) Reimbursables 0 OD a m Printed: 8/3/2016, 6:43 AM File: Budget Worksheet - REDESIGN - 7- 21 -16, Fee Worksheet SUPPLEMENTAL AGREEMENT NUMBER 8 to CONSULTANT AGREEMENT NUMBER 13 -153 ( h) ' 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, September 30, 2013 and identified as Agreement No. 113 -153. 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, is amended to change the number of calendar days for completion of the work to read 1066 days. The completion date will now be August 31, 2016. DATED this CITY OF TUKWILA day of Nov ,2015. (W:Projects /04sw08 /Supplmental Agreement 8 APS) CONSULTANT P4C E EN6IAJE LSD C By: %^ Printed Name: /�.qv^/ f} )t . j%% /C-5c,✓ Title: View PAS /oe ' r ��16i4/A-s SUPPLEMENTAL AGREEMENT NUMBER 7 to CONSULTANT AGREEMENT NUMBER 13 -153 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, September 30, 2013 and identified as Agreement No. 13 -153. 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, is amended to change the number of calendar days for completion of the work to read 822 days. The completion date will now be December 31, 2015. DATED this I'll- day of CITY OF TUKWILA (W:Projects /04sw08 /Supplmental Agreement 7 APS) , 2015. CONSULTANT R i f , - sj(JC By: _41 1'1.r��, Printed Name: / c tJ A/ 677i F/ • 1J1 / cS 6-,i✓ Title: Vte& --l//% 6 / JV ,-S SUPPLEMENTAL AGREEMENT NUMBER 6 to (T) CONSULTANT AGREEMENT NUMBER 13 -153 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, September 30, 2013 and identified as Agreement No. 113 -153. 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, is amended to change the number of calendar days for completion of the work to read 700 days. The completion date will now be August 31, 2015. DATED this day of ;di , 2015 CITY OF TUKWILA Jim Hag erton, M /ylr (W:Projects /04sw08 /Supplmental Agreement 5 APS) CONSULTANT PGc,1JG J,�lc7 -�S By: Printed Name: i& jt) E.-/7-/ / f-4 . A)/-" Title: l/ LC C Pa 6S iD -/v 7' /'-51404 -(c/ / J' SUPPLEMENTAL AGREEMENT NUMBER 5 to CONSULTANT AGREEMENT NUMBER 13 -153 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, September 30, 2013 and identified as Agreement No. 113 -153. 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, is amended to change the number of calendar days for completion of the work to read 547 days. The completion date will now be March 31, 2015. DATED this CITY OF TUKWILA day of ©A! trrt 1D. -¢,C , 2014. (W:Projects /04sw08 /Supplmental Agreement 4 APS) CONSULTANT P1:46" ,J& /,ve-672-s By: Printed Name: ICEA+JiVE-7H FI. AI" -56a/ Title: \./(CG p ia= ,�/7— 13- 153(d) Council Approval N/A SUPPLEMENTAL AGREEMENT NUMBER 4 to CONSULTANT AGREEMENT NUMBER 13 -153 ((k) 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, September 30, 2013 and identified as Agreement No. 113 -153. 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, is amended to change the number of calendar days for completion of the work to read 457 days. The completion date will now be December 31, 2014. DATED this (5 day of __� , 2014. CITY OF TUKWILA (W:Projects /04sw08 /Supplmental Agreement 4 APS) CONSULTANT By: Printed Name: ,Cetn/'!E- ry H. AA.. ,, Title: LJILc' �2c`5/06,c/T / d /6 //t/,¢C SUPPLEMENTAL AGREEMENT NUMBER 3 to CONSULTANT AGREEMENT NUMBER 13 -153 (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, September 30, 2013 and identified as Agreement No. 113 -153. 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, is amended to change the number of calendar days for completion of the work to read 304 days. The completion date will now be July 31, 2014. DATED this ai day of tJ ;k , 2014. CITY OF TUKWILA CONSULTANT By: (W: Projects /04sw08 /Suppimental Agreement 2 APS) Printed Name: k'c vA/E N ) JJic %Ai Title: U t c pit s r 2 w" 51-s L16 /i/, --S SUPPLEMENTAL AGREEMENT NUMBER 2 to CONSULTANT AGREEMENT NUMBER 13 -153 C h 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, September 30, 2013 and identified as Agreement No. 113 -153. 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, is amended to change the number of calendar days for completion of the work to read 243 days. The completion date will now be May 31, 2014. DATED this - / day of - t-eii - , 2014. CITY OF TUKWILA CONSULTANT By: Jim H Printed Name: ec. :A/A./t TH H . Title: \Jle� 926siOt"v -t (W: Projects /04sw08 /Supplmental Agreement 2 APS) `S�o� a GIU6,N�k -s SUPPLEMENTAL AGREEMENT NUMBER 1 to CONSULTANT AGREEMENT NUMBER 13 -153 (G) 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, September 30, 2013 and identified as Agreement No. 113 -153. 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, remobilization of the driller and geologist to different location due to a concrete slab encounter during the exploration drilling for the proposed generator slab at Lift Station #2. On December 9, 2013 the driller encounter the concrete slab that was roughly 2 -2.5 feet thick below the 6 foot excavation done by City of Tukwila staff using a Vactor Truck and could not drill through the slab. 2. Payment, shall be amended as follows: Payment for the work provided by the Consultant as part of this supplement shall be made and the total amount of payment to the Consultant for this work shall not exceed $71,677.00 without express written modification of the Agreement signed by the City. 3. Time for Performance, is amended to change the number of calendar days for completion of the work to read 151 days. DATED this 7P- _ day of (�,y,�l , 2014. CITY OF TUKWILA CONSULTANT (W:Projects /04sw08 /Supplmental Agreement 1 APS) By: 12.4. �2 Printed Name: Title: [)ll=� P','-'T / 04 a J6f/V, s City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number:13-153 Council Approval 9/23/13 CONSULTANT AGREEMENT FOR ENGINEERING SERVICES FOR THE SEWER LIFT STATION NO. 2 UPGRADES 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 engineering services for the upgrades for sewer Lift Station No. 2 in connection with the project titled Sewer Lift Station No. 2 Upgrades. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" dated August 20, 2013 attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreem nt shall be in full force and effect for a period commencing upon execution and ending -&nv 3 i t (`i , 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 --(cG. k ? (Sii( 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 "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $70,277.00 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 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. Sf‘) ,f a (11216 /At//x/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 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. (W:PW Eng/ Projects /A -SW /90440205 /Consultant Agreement Pace 082013) Page 2 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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 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. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less 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 Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 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 contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately telminate 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. (W:PW Eng/ Projects /A -SW /90440205 /Consultant Agreement Pace 082013) Page 3 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, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability 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. (W:PW Eng/ Projects /A -SW /90440205 /Consultant Agreement Pace 082013) Page 4 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, Suite 300 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. DATED this day of sip-re, 40, , 20_/.3 _. CITY OF TUKWILA i Af Mayor, - Haggert./ Attest/Authenticated: CONSULTANT By: Printed Name: EWAt -7/1 //. A) /C$ 't/ Title: V (c6 PfzEs /Dt J1- Approved as to Form: L�-gen/■ 7 City Clerk, Christy O'Flaherty ' Office of the City Attorney (W:PW Eng/ Projects /A -SW /90440205 /Consultant Agreement Pace 082013) Page 5 SCOPE OF SERVICES PUMP STATION NO. 2 RETROFIT EXHIBIT A August 20, 2013 Project Understanding The existing sanitary sewer Pump Station No. 2 located at the southwest corner of Andover Park West and Minkler Boulevard is a critical infrastructure serving the area south of Minkler Boulevard from 1 -5 on the west to the Green River and City limits on the east. Pump Station No. 2 discharges to a 21- inch - diameter interceptor located within the Andover Park West right -of- way. This pump station also serves the Tukwila south property. Pump Station No. 2 was constructed in the mid -1980s and is in need of electrical and mechanical improvements. The City has also expressed a desire to ensure that any proposed improvements have the capacity for the future build -out of the contributing basin area including the Tukwila south property. The City has requested that the following items be included in the Scope of Work: • Complete upgrade of the electrical controls and instrumentation. • Replacement of the existing generator with a new generator capable of handling three pumps at build -out conditions. • CMU block wall enclosure around the new generator. • Design of a new flow bypass system that would allow flows to bypass the wetwell for construction and future maintenance. • Basin Study of the contributing basin area to confirm the future build -out flows. • Bid ready contract documents for the above items. Scope of Services This proposal includes necessary civil, electrical and geotechnical services through the design phase of this project. PACE will be the prime consultant for the entire Scope of Work and will oversee and administer this Scope of Work. PACE will complete all civil engineering and survey services in- house. PACE will subcontract with Follett Engineering for the electrical engineering portion of the project and Associated Earth Sciences, Inc., (AESI) for soils and geotechnical services. We anticipate starting this work immediately and proceeding on a preliminary layout to submit to the City for review. The estimated cost for this work is approximately $70,277 (see Exhibit B). The budget is based on our 2013 rates. SCOPE OF WORK Task 1 — Project Management /Coordination /Meetings PACE will provide administration and coordination of the project. The following items are included in this task: • Attend coordination meetings with the City as required. For budgetary purposes eight (8) hours have been allotted for meetings. Since the amount of meeting time is not under our control, any time in excess of the budgeted eight (8) hours will be billed on a time - and - material basis. • Conduct a field reconnaissance of site and other facilities with the design team and City staff. • Coordination with subconsultant. • In -house project administration, scheduling, and direction of design team staff. • Preparation of monthly progress reports. • Quality Assurance including a review of all plans and documents at the preliminary design and final design stages of the project. Task 2 — Site Survey PACE will provide a topographic survey of the project area in accordance with the following items: • Vertical Datum will be NAVD 88 based on City of Tukwila control points. • Horizontal Datum will be NAD 83/91 Washington State Plane coordinate system, North Zone also based on City of Tukwila control and matching the datum. • Right of entry will not be needed since this is City -owned property. • The City will provide available as -built drawings of existing pump station. • The limits of the survey will be the pump station site extending 100 feet each side of the pump station and including the Andover West and Minkler intersection and all utilities within the survey limits. The survey will also include the east side of APW approximately 200 feet north of the project. PACE will provide a base map at 1 " =20' in AutoCAD format. Task 3 — Basin Study PACE will prepare a basin study of the contributing area to Pump Station No. 2 for future build -out conditions. Land use and population forecast from the City's most current sewer comprehensive plan along with the Segalee EIS will be used as the basis for computing the future build -out flows. Existing flows are estimated to be around 2.81 MGD with a potential of up to 3.5 MGD additional flow from the Tukwila South project per a May 17, 2005, memo from the City. The capacity of the 21 -inch discharge pipe is estimated to be 3.24 MGD. PACE will provide a Technical Memo summarizing the findings. Task 4 — Preliminary Design PACE will prepare a preliminary layout of the proposed improvements to submit to the City for review and comment. This work includes a preliminary plan showing the following items: • Size and location of the proposed generator and CMU block wall. • Site plan for the bypass vault and associated piping. • Replacement of the 24 -inch riser from the inlet manhole to a 36 -inch riser. • Preliminary electrical site plan with generator and conduit placement. • Preliminary Instrumentation and control drawings for communication and operation of the generator. • Preliminary construction cost estimate. Based on our meeting with the City, we are assuming the following items: • Portions of the existing concrete pad will be replaced • The existing hatches to the pump station to remain • There are no anticipated modifications to the internal piping within the pump station • There is no tree removal required • The City desires to remove the existing guardrail adjacent to the railroad tracks Task 5 — Final Design Based upon City comments on the preliminary design, PACE will prepare the final design and contract bid documents in accordance with City standards using the City's standard template and the current version of the Washington State Department of Transportation "Standard Specifications for Road, Bridge, and Municipal Construction. The design will include the following items: • Existing Site Conditions. • TESC Plans and Details. • Site Plan and Details of the new generator, enclosure, bypass vault , manhole modification, site restoration, and associated appurtenances. • Electrical Design. • Contract Documents. • Estimate of Probable Construction Costs. PACE will incorporate any City forms or special bid /construction requirements within the bid documents. It is assumed that the City will advertise, open bids, and award the project with support from PACE. Task 6 — Electrical Pre - Design Follett Engineering will prepare the following electrical design and evaluation: • Determine /confirm the size of generator needed for three pumps at the design flow. • Work closely with City for design and installation of Calvert Technical Services controls. • Prepare preliminary electrical drawings. • Prepare a preliminary construction cost estimate of the above items. • Summarize the above items in a Technical Memorandum. • Determine type of gas detection devices required by code within the pump station. • Evaluate if existing fan and blower meet current air exchange codes. Task 7 — Final Electrical Design Follett Engineering will prepare the final electrical design for the new generator and appurtenances based upon review comments from the City. The final electrical design includes the demolition of all electrical and l&C equipment and replacement with all new electrical equipment including the motor control center and ATS and all new controls and instrumentation. Task 8 — Geotechnical Services Associated Earth Sciences, Inc., will conduct a geotechnical evaluation of the existing pump station site. This evaluation will consist of the following items: 1. Two borings onsite to a depth of 25 feet. 2. Calculate the bearing capacity of the existing soils. This bearing capacity will be used to design a new concrete slab that will support the new generator and CMU enclosure wall. 3. Based on the boring information and onsite investigation, provide an assessment on the probable cause of the existing settlement and provide recommendations to prevent any further settlement. 4. Summarize the above items in a Technical Memorandum to the City of Tukwila. Task 9 — Construction Services (Option Item — Not in Contract) PACE is a full service engineering and surveying company that 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 services during construction to include: 1. Bid assistance (City will advertise the project). 2. Construction management. 3. Construction surveying /staking. 4. Construction inspection. 5. Shop drawing review. 6. Progress payment processing. 7. Record drawing preparation. PACE Engineers Project Name EXHIBIT B Project Name PS#2 Retrofit Project 5: Proj Number Billing Group 4:1 00 Project Budget Worksheet - 2013 Standard Rates Location:lProject Location Tukwila 1 Prepared By Task #.1 001 Dale: Staff Type 5 (See Labor Rates Table) Staff Type Hourly Rate Drawing/Task Tale Task 1 - Project Management Meetings Field Recon Coordination Task 2 - Site Survey Task 3 Basin Study Review Existing Data Flow Calculations Tech Memo Task 4 Preliminary Design Site layout Cost Estimate OA Task 5 Final Design TESC Site Plan and Details Specifications Cost Estimate QA Task 6 Prelim Electrical (see below) Task 7 Final Electrical (see below) Task 8 Geotechnical Evaluation (see below) Task 9 Construction Support (Not In Contract) Hours Total Labor Total Labor Hours by Classification KHN 23-.1u1-13 1 6185 Labor Senior Code Principal 12 4 4 1 6 12 6150 Project Manager 20 8 4 8 2 12 4 4 4 20 16 4 16 5110 Engineer II 0 74 3110 Cad Drafter 0 8 1 8 8 8 0 0 41 3150 Principal Surveyor 4 43 6140 Project Manager 0 46 6120 Project Surveyor 4 48 6110 Survey Tech 20 59 6189 Man Survey Crew 0 12 0 91 689 Project Administrator 0 0 J 16 0 1 0 0 0 0 1 0 0 16 6 6 j 38 j 4 4 6 24 10 4 4 4 4 32 8 24 0 0 0 0 0 1 0 1 8 8 Hour Total 32 12.0 8:0 12.0 42.0 29.0 4.0 20.0 5.0 42.0 32.0 4.0 6.0 88.0 12.0 48.0 18.0 4.0 6.0 4.0 4.0 4.0 25.0 $4,625 104.0 615,600 12.0 61.320 56.0 66,160 0.0 SO 4.0 6600 0.0 SO 40 5480 20.0 62,200 12.0 2,268 8.0 245.01 0712 333,965.00 Expenses Reimbursable rate/unit Quantity r Cost Utility LOCATE Title Report PhotorVideo Ntileage/TravellPer Diem Miscellaneous Technology Fee (2% of labor) Total • •' • • i 6679.30 5679 File: PS 2 Budget EXHIBIT B.xts, Fee Worksheet Subconsultants Task 5 Prelim Elec Task 6 Final Elec Task 8 Geotech Subconsultant Subtotal Markup Total 63.335 620.980 67,500 331,815 12% Page 1 of 1 35,633 :1 PACE billed Labor Total Reimbursable Expenses Subconsultants Total Project Budget Rate Table Used: 2013 Standard Rates Dollar Total $5,220.00 51,940 51,340 61,940 $5,848.00 $3,745.00 3600 62,360 3785 5,870.00 54,160 6600. 51,110 611,482.00 51,320 $6,240 62.212 6600 $1,110 $600.00 3600.00 $600.00 245.0 $33,965.00 Printed: 6/20/2013, 8:38 AM