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Home My WebLink About18-155 - McKinstry - Public Safety Plan Building Control AssessmentCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number:18-155(a) CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and McKinstry That portion of Contract No. 18-155 between the City of Tukwila and McKinstry is hereby amended as follows: 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2019, 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, 2019, unless an extension of such time is granted in writing by the City. The duration of the contract is now through December 31, 2019, unless modified by supplemental agreement. All other provisions of the contract shall remain in full force and effect. Dated this 2:4011'' day of e CITY OF TUKWILA Allan ATTEST/AUTHENTICATED CONTRACTOR Printed Name: 20 /K (-(.• • „,•• C. APPROVED AS TO FORM tf ice of the City Attorneyrnm- , , //1,/,,/, CA Rev sed December 2016 Page 1 of 1 �� x��v��v xu«xxwxxuu 020OSouthcentorBoulevard, Tukwila VVAQ8188 Contract Number: CONSULTANT AGREEMENT FOR BUILDING CONTROLS ASSESSMENT 18-155 Council Approval N/A THIS AGREEMENT is entered into between the City of Tukwila, VV@Ghingb]n. hereinafter referred k]8S"the City", and K8CHJDSbv, hereinafter referred h0as"the COOSU|tUD[ in COOSide[8UOD 0fthe mutual benefits, terms, and conditions hereinafter specified. 1 Proiect Desimation. The Consultant is retained by the City to perform building controls assessment services iOconnection with the project bUedTUhvvi|888f8tyP|aD. 2. Scope of Services. The Consultant agrees ioperform the services, identified onExhibit ^A^ attached hereto, including the pFOViSiOD of all |8bO[' OOateha|S. equipment and supplies. 3. Duration of Aqneemnemt; Time for Performance. This Agreement shall be infull force and effect fora period commencing upon execution and ending at the end December 2018. Un|eSS sooner terminated under the p[OViSiOOG hereinafter specified. VVOrh UDd8[ this AO[He[OeO[ Sh8|| c0[OOl8Dce upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all vvO[k product required pursuant to this Agreement OO later than O8C8cUbO[ 31, 2018. unless an extension Of such time is granted in xv[idOg by the City. 4. F*avmment' The Consultant shall be paid by the City for completed vvOrh and for services rendered under this Agreement asfollows: A. Payment for the work provided by the CODSUitaOt shall be [D8d8 as provided on Exhibit °B" attached hereto, provided that the total amount Ofpayment tOthe Consultant shall not exceed $7,500 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 vvVrh for partial p8y[O8Ot for that portion Of the project completed to date. Such vOUChHn5 will be checked by the City and, upon Gpp[0v8| thereof. payment Sh8|| be made t0the Consultant inthe amount approved. C. Final payment of any b8|8OCe due the {}nOSV|t8Dt of the [Ot8| CODtr8Ct price earned will be nn8d8 pn0nnpdy Upon its aSCgrt3iDnOeDt and verification by the City after the completion Ofthe work under this Agreement and its acceptance bythe City. D. Payment as provided in this S8cdOO Sh3|| be fU|| cV0peOS8dOO for work performed, services rendered, and for all no8teria|S. Supp|iea, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept 8v@i|8b\8 for inspection by representatives of the City and the state of Washington for period of three (3) years after final payments. Copies shall be made 3v@i|8b|8 upon request. ' 67 5. Ownership and Use of Documents. All docunneDts, dr@xvDgS, specifications and other Dl8teh8|S produced by the C0DSU|t8Ot in C0DneCtiVD with the 88nviC8S rendered under this Ao[9808DL shall be the property ofthe City whether the project for which they are made is executed O[not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and 8peCifiC8bODS for information, nBfeF8Dc8 and use in COOO8choO with the Consultant's endeavors. The Consultant shall not beresponsible for any use Ofthe said dOCUnOeOtS' d[@VViDQs, specifications or other materials by the City on any project other than the project GpecifiediDthiGAgn8HrOeDt. O. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and CODlp|y with all federal, St8L8. and |OC8| |8VVS. ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defGnd, indemnify and hold the Qtv, its offioens. OffiCia/S. e0p|Oy88S and VO|UDiee[S harmless from any and all C|8imS, irUU[i8G. damages, losses or suits including attorney fees, arising out of or resulting from the oCto. 8[nD[S or OnliSSiODS Of the CODSV|t8Dt in performance of this Agn8eOOeDt, except for injuries and damages caused bythe sole negligence Ofthe City. Should 8 court Ofcompetent jurisdiction determine that this Agreement is subject to R{|VV 4.24.115, theD, in the event of liability for damages arising out Of bodily injury to p8[SOOs or d8nnGgeS to property caused by or resulting from the concurrent negligence Of the Consultant and the {|ity, its offioenG. O1fiCi8|S. ennp/Oy88s. and volunteers, the Consultant's liability hereunder Sh8|| be only to the extent of the COOSU|t8O[S negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of inlO0uOhY under |DdUSt[i8| |OSU[8DC8' Tide 51 RCVV, solely for the purposes of this indemnification. This waiver has been DlUtU8||y negotiated by the parties. The provisions Ofthis section shall survive the expiration 0[termination Ofthis Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agn88rnent, insurance against c|@innS for injuries to persons or damage to property which may arise from or in CVDDHCUOD with the performance of the work hereunder bythe {}ODSU|t8Ot. its agents, representatives, or employees. Consultant's maintenance of insurance as required by the ag[9H08Dt shall not be COOSt[V8d to limit the liability of the CoOSUii8Dt to the coverage provided by such iOSU[8DC8. or otherwise limit the [|ity'S reCOU[S8 to any remedy available at law OriO 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 8 DliOiO0UrO C0nObiO8d single limit for bodily injury and property damage Of $1.000,000 per accident. Automobile Liability insurance shall cover all ovxned, non -owned, hired and leased vehicles. Coverage shall be written On Insurance Services Office (|S[)) h}rDl CAOO 01 or substitute fO[OO providing equivalent liability coverage. If necessary, the policy shall beendorsed toprovide contractual liability coverage. 2. COODDle[Ci8| General Liability insurance with limits no less than $1.000'00088Ch occurrence, $2.000.000 general aggregate. {|o0me[Ci8| {38O8n3| Liability insurance shall be written OO |S[) occurrence form CG OO 01 and shall cover liability arising from pr8rnia80. DperotiVns, independent contractors and personal injury and advertising injury. The City shall be O@Dled as an iOSUn8d under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. VV0rh8ra' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CArevised : 1-2013 4. Professional Liability with limits no Tess 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 terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 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. CA revised : 1-2013 Page 3 12. AssiqnmnemL The Consultant Sh8U not sublet or assign any ofthe S8niD8G covered by this Agreement without the express written consent Ofthe City. 13. Non -Waiver. Waiver by the City of any pP3\iSiOD of this Agreement or any time |i0it@LiOO provided for iOthis Agreement shall not constitute 8waiver Ofany other provision. 14. Termination. A. The City reserves the right to terminate this AQnSHrnBnt at any time by giving ten (10) days written notice tOthe Consultant. B. In the event of the death of member, partner O[officer Vfthe COOGUlt8Ot. O[any Ofits supervisory personnel assigned to the project, the surviving [DeDlbe[S of the COOSU|t8Dt hereby agree to CO0p|8te the work under the terms of this Agreement, if requested to do GO by the City. This SeCiiOO ShU|| not be 8 bar to [9O8gOU8dnDs of this Agreement between surviving members of the CVOsV|t8Ot and the City, if the City S0 chooses. 15. Applicable Law; Venue; Attormev`s Fees. This Agreement shall be subject to, and the Consultant Sh3|| at all times comply with, all applicable fede[8|. state and |OC8| |@VVs. r8gU|3tiODS. and [U|eS, including the pnDViSiODS Of the City Of TVhvVi|a Municipal Code and OndiO8OC8S of the City OfTukwila. In the event any suit, arbitration, or other proceeding is instituted to 8OfO[Ce any t8[Dl of this Agreement, the p3di8S specifically understand and agree that venue Sh8|| be properly laid in King County, VVaShiOgLDO. The prevailing party in any such action shall be entitled tVits GttorO8y's fees and costs Ofsuit. Venue for any action arising from or related tothis Agreement shall be exclusively in King County Superior Court. 16. Severabi[itv and Survival. |fany 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 OLhO[ pFOViSiOOs hereof and all other p[0ViGiOOS Sh8|| ne[D8iD fully eOhJFCe8b|e. The prOViSi0DS of this Ag[OeDl8Ot' which bytheir sense and context are Pe8GOD@b|y intended to SUrViV8 the COrDp18[iVO` 0Xpin3UOO or cancellation of this AgP8BrDeOt' Sh8/( SUrViV8 t8r[OiD8d0O Vfthis Agreement. 17. Notices. Notices tothe City ofTukwila shall besent tothe following address: City Clerk City DfTukwila 62O08outhoenterBoulevard Tukwila, WA 98188 Notices tOConsultant shall b8sent tOthe following address: K4cKiDstry 50053rd Ave. S. Seattle, VVA98134 18. Entire Aqreemnemt; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiuiiona, nepresentGtions, or agreements written or oral. No 80eOd0eD[ or modification of this AO[8enO8nt shall be Vfany force or effect UO|eSS it is in writing and signed bythe parties. Cxrevised :1-2013 DATED this % CITY OF TUKWILA IVA;Li a ; )eiv Cal r� j�n, n iS day of Se10 -✓bQ.r , 20 / . CONSULTANT By: Printed Name: Title: C 604s (A:ma,' CA revised : 1-2013 Page 5 6x(rab,--1- /4 City of Tukwila Proposal: Building Controls Assessment SEATTLE AUGUST 2018 14J LII• (Z r � City of Tukwila: Building Controls Assessment PROPOSAL CONTACT Gerry Galvin P.E. McKinstry 1 Energy & Facility Solutions Email: GerardG@McKinstry.com Phone: 206.510.4863 SERVICE DESCRIPTION McKinstry will conduct a building controls evaluation and needs assessment and deliver a report and recommendations for all City of Tukwila facilities. McKinstry understands that the City of Tukwila wishes to gain enhanced insights into facilities operations to ensure reliability, budget consistency, and utility cost savings. The value of BAS and DDC controls includes: • Delivering the right data to facilities teams to enable action; • Enabling visualization of facilities equipment and systems to streamline operations; • Enabling continuous improvement in energy performance with focus on reducing operations costs; and • Delivering a secure record of key performance indicators for long-term tracking and to demonstrate facilities performance to key stakeholders. The objective of this work is to provide a plan for Tukwila to transition facilities controls from current state to a future state that meets the needs of facilities management in terms of leveraging data, controllability and reliability. McKinstry will additionally assess overall energy and cost savings opportunities and project opportunities. SCOPE OF WORK FACILITIES Facilities to be assessed and integrated; Tukwila Community Center (existing structure) 12424 42nd Avenue South Tukwila WA Year Built: 1995 Number of Stories: 3 Floor Area: 55,000sf Fire Station 51 (in design) Vacant NW Corner of S 180th & Southcenter Parkway Tukwila WA Year of Completion: 2020 Number of Stories: 1 Floor Area: 11,933 sf Fire Station 52 (in design) 14475 59th Ave S. Tukwila WA Year of Completion: 2020 Number of Stories: 2 Floor Area: 15,068 sf Heiser Building (existing, to be retrofitted for Public Works Department) `nstry MCKINSTRY 5005 3R0 AVE S, SEATTLE, WA 98134 City of Tukwila: Building Controls Assessment 11210 Tukwila International Blvd. Tukwila WA Year Built: 2002 Year of Completion: 2020 Number of Stories: 1 Floor Area: 39,697sf Lifestyle Landscaping (existing, to be retrofitted for Public Works Department) 11234 Tukwila International Blvd. Tukwila WA Year Built: 1959 Year of Completion: 2020 Number of Stories: 1 Floor Area: 3,232sf Possible Future Sites to be assessed and integrated when possible; Tukwila City Hall (existing with possible future modernization and/or addition) 6200 Southcenter Blvd. Tukwila WA Year Built: 1977 Year of Completion: TBD Number of Stories: 2 Floor Area: 25,075sf Fire Station 54 (future new facility, approximately 11,000 sf) Location to be confirmed Year of Completion: TBD DELIVERABLES Facility Assessments Site assessments and documentation of existing equipment, systems and capabilities Interviews Interviews with City of Tukwila facilities team members to determine ideal operating, challenges, capabilities, including future plans for upgrades and facilities acquisitions Draft Recommendations Research and vendor analysis Draft recommendations Review and refine controls roadmap Final Report Final report presentation addressing controls needs assessment and roadmap Initial Assessment includes: • Facilities Overview o # buildings/total sf o Equipment/Asset inventory o Asset management platform • Performance/Savings Assessment o UDA - utility spend o Energy policy assessment Vinstryel lbws team MCKI NSTRY 5005 3R0 AVE S, SEATTLE, WA 98134 City of Tukwila: Building Controls Assessment o EUI and ENERGY STAR Portfolio Manager assessment • Controls Assessment o Current state assessment (e.g., DDC vs manual) o Current schedules, set points, zoning o Current operations practices o Future state needs assessment If selected for this work, McKinstry requests remote access to view controls where applicable. COST Not -to -exceed $7,500 ACTIVITY HOURS COST Facility Assessments Interviews Draft Recommendations Final Report TOTAL AUTHORIZATION 16 8 24 12 60 Notice -to -proceed may be granted via signatures to the following: City of Tukwila McKinstry Name: Name: $ 2,000 $ 1,000 $ 3,000 $ 1,500 $ 7,500 Signature: Signature: Date: Date: eillStrY MCKINSTRY S00S 3R0 AVE S, SEATTLE, WA 98134 City of Tukwila: Building Controls Assessment TERMS AND CONDITIONS PERFORMANCE OF WORK McKinstry shall perform the scope of work ("Work") specified herein. McKinstry shall furnish all services necessary to perform the Work and perform the Work to completion diligently, expeditiously and with adequate forces. Customer shall use its best efforts to provide all information, materials, documents, and assistance that is reasonably required for McKinstry to perform any and all aspects of the Work. PAYMENTS Customer shall pay McKinstry the compensation specified herein ("Price") for the value of Work that McKinstry has completed, as the Work is completed. Customer shall pay McKinstry within fifteen (15) days of receiving an invoice. McKinstry will be entitled to interest at the rate of 1.5 percent per month on all sums overdue and unpaid from the date due. WARRANTIES Customer shall receive a one (1) year warranty that covers labor and materials provided by McKinstry as part of the Work. This warranty commences on the date that the portion of the Work warranted is substantially complete. However, McKinstry makes no warranty whatsoever regarding components of the Work provided by third parties, and in such case the terms of the third party's warranty, including manufacturers' warranties, if any, shall apply between Customer and the third party. The warranties in this section are exclusive and in lieu of all other warranties, whether express or implied. TERMINATION Either Party may terminate this agreement upon fifteen (15) days written notice to the other Party. In such case, the rights and obligations of each Party that arose prior to the termination date shall survive such termination. DISPUTES In case of dispute between the Parties, the Parties will attempt to negotiate a resolution. If a dispute remains unresolved more than thirty (30) calendar days after the commencement of negotiation, and the Parties have not agreed to extend such date, then the Parties shall pursue mediation. If any dispute remains unresolved more than sixty (60) calendar days after the commencement of mediation, then either Party may pursue arbitration. No litigation will be commenced by either Party unless all of the foregoing steps have been pursued to completion. CHOICE OF LAW, VENUE The validity, interpretation, and performance of this agreement shall be governed by the laws of the state in which the Work is performed. The venue for resolving any dispute shall be the county in which the Work is performed. FORCE MAJEURE Neither McKinstry nor Customer shall be considered in breach of this agreement to the extent that the Party's performance is prevented by an event or events that are beyond the control of such party, including but not limited to acts of God, fire, earthquake, flood, storm, war, rebellion, revolution, insurrection, riot, strike, nuclear contamination, and/or acts or threats of terrorism. NO WAIVER No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver. INTELLECTUAL PROPERTY Intellectual property provided by McKinstry to Customer as part of the Work are instruments of service owned by McKinstry and are not "work made for hire" as such term is defined under U.S. copyright law. When the Work is performed to completion, McKinstry grants to Customer a limited license to use the Intellectual Property to operate, maintain, renovate, and manage the subject matter of the Work. DAMAGES LIMITATION Neither party shall be liable to the other party for any consequential, indirect, special, incidental, exemplary, or similar, damages or losses, including loss of profits, arising out of or relating to this agreement, whether based in contract or tort or any other theory, even if a party has been advised of the possibility of such damages. Furthermore, the total aggregate liability of either party, under any theory, is limited to the agreement price. MCKINSTRY 5005 3RD AVE 5, SEATTLE, WA 98134 City of Tukwila: Building Controls Assessment INDEMNIFICATION McKinstry shall indemnify and hold harmless Customer from and against all third party claims, damages, losses and expenses for bodily injury, sickness, disease, or death or destruction of tangible property, directly arising from McKinstry's performance of the Work, but only to the extent caused by the negligent acts or omissions of McKinstry. SEVERABILITY, SURVIVAL If any portion of this agreement shall be held invalid in whole or in part under any law, rule, regulation, or order, then such portion shall remain in effect only to the extent permitted, and the remaining portions of the agreement shall remain in full force and effect. Any invalid portions shall be substituted with an interpretation that most accurately reflects the Parties' intentions. AMENDMENT This agreement may not be amended except pursuant to a written amendment signed by an authorized signer of each Pa rty. COMPLETE AGREEMENT This agreement, including the exhibits attached hereto, is a fully integrated agreement. Any legal terms and conditions appearing elsewhere in this agreement shall be ignored to the extent they contradict or are inconsistent with the terms and conditions contained in the foregoing numbered list. All previous agreements between McKinstry and Customer as to the Work are superseded by this agreement. einStrY 10 Of Ns Mat MCKINSTRY 5005 3R0 AVE S, SEATTLE, WA 98134