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HomeMy WebLinkAbout20-037 - PACE Engineers, Inc - Sewer Lift Station No. 2 UpgradesCity of Tukwila 6200 Southcenter coulevard, Tukwila WA 98188 20-037(a) Agreement Number Council Approval N/A CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and PACE Engineers, Inc. That portion of Contract No. 20-037 between the City of Tukwila and PACE Engineers, Inc. is hereby amended as foliows: Section 2: Scope of Services, provide construction plans, specifications and cost estimates for the installation of Submersible grinder pumps. The changing of the pumps from vertical turbine to submersible also requires upgrading the generator size. Prepare and coordinate a Project Manual for lift stations 2, 4 and 12. See Exhibit A from PACE dated September 15, 2020. Section 4.A: Payment, shall be amended as follows: A. 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 $38,130.00 without express written modification of the agreement signed by the City. See Exhibit B from PACE. All other provisions of the contract shall remain in full force and effect. CA RevieNve( May 2020 Page 1 of 2 Dated this City of Tukwila 6200 Southcenter Boutevard„ Tukwila WA 98188 day of CITY OF TUKVVILA .?"(ta. &me/e' Allan Ekberg, Mayor 09/29/2020 Agreement Number: 6 rt, ,20 2c) CONTRACTOR Printed Name: ie e e7# hi .A1 e ATTEST/AUTHENTICATED APPROVED AS TO FORM Oh4.€4t-96_,6,7(eth&,9 Christy O'Flaherty, MMC, City Clerk CA Reviewed May 2020 cji e(r---)te; Q.5erwee Office of the City Attorney Page 2 of 2 M lEnigneerling Serylees September 1, 2020 Mr, Adib Altailel Public Works City of Tukwila 6300 Southcenter Blvd Tukwila, Washington 98188 EEngneers Plarrfleus Subject: Lift Station Retrofit Projects - Proposed Contract Amendment LS's #2 Dear Adib: ased on prior discussions, i" ACE Engineers, Inc, is submitting the following request for a contract amendment to the City's proposed Lift Station #2 Retrofit Project for additional 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 requested, the following items are included as separate documents for easy insertion into contract documents: • Exhibit A - Scope of Work • Exhibit - Budget Worksheet We propose to provide the services listed above on a time -and -expense basis at a not -to -exceed amount of $13,000 as shown in the attached budget worksheet Thus 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 #2, Please do not hesitate to contact me at 425 827 2014 or kenn •aceen s,con if you have any comments or questions. Sincerely, PACE Engineers, Inc. Kenneth H. H NiIsen, RE, Vice President Attachments Exhibit A Exhibit B PACE Eriginaiers, 11255. Kakianiit Way SLR* 300 Kiralanirl Washington 5140:33-57 42 / 1 1425,827.5013 iaraCeen.gragoir LIFT STATION #2 Scope of Work EXHBIT A Task 1 — Lift Station #2 Out of Scope Work - The original scope of work called for replacement of the existing verticat turbine pumps with new vertical turbine pumps, The City decided instead to go with submersible grinder pump, This required several iterations with the pump vendor to come up with a design that would fit and not require structural modifications. The changing of the pumps from vertical turbine to submersible also required upgrading the generator size and design layout Task 2 — Prepare a combined Project Manual for ail three projects in accordance with the outline in the August 13, 2020 email from PACE Engineers to the City/ Specificalty, PACE will prepare a combined Front End and Division 1 covering all three lift station projects PACE and Follet Engineers will also be finalizing the Special Provisions for LSis #2 based on the final design and combine into a single Project Manual. Task 3 — 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 4 — Management Reserve — This task will provide a contingency for any unexpected items that may arise. This task will require written approval from the City prior to accessing the funds. PACE Engineers Protect Name Prcieci Stall Type # (See Labor Rales Table) Stall Type Hourly Rate Drawing/Task Title DESIGN Task 1 . LS 82 , Out of Scope Wert Task 2 . Combined Project Manual!. combined plans set Combined Projel Manual Combine Plan set incl new [Over sheet Coordination with St on Specs Tukwila LS 2 Contract Amendment Billing Group4. EXHBIT B Project Budget Worksheet - 2020 Municipal Rates Lootlon:1 Tukwila I Prepared Eyi Task #:1 Dale - KHN 911f2020 Labor Hours larg ChatincatIon Labor Code Job Tele 1 14 75 118 9236 3157 1118 1118 Senior Principal Engineer Project Engineer CAD Tech Pried Adrnagualcf Hour Total a 16 i 8 2 4 8 2 —t-- 2 8 26 21_ 2 32,0 40.0 25.0 10.0 4.0 Hours Total abor 1601 Dollar Total 55,504.00 55,152.00 134:: 20 ODi 100012602 2200 03210:01000'01260, Expenses REI-rtursLt. aaleionit Quantify CM Postage1Counar Platter PholoAntlen MileagerTrakredPer Dern Miscellaneous Technology Fee {2% of labor) Total I Fite: Tukwila 2.52 CO 9901211, Fee Worksheet Subconsultante E lectrical Goord 48/SI 82,000 Subconsultant Subtotal 2.000.00 Markup 1555 Tonal 62,300.00 Page Icf1 72.00 910,656 00 $10,656.01 • •-• PACE El Med Labor Tole Reimbursable Expenses Monona tants Total Project Budget 510,056.00 9Z220-20 1912989.021 Say $13,000 Printedt: 91102020, 12:55 P8 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 20-037 Contract Number: Council Approval N/A PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and PACE, 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 project titled Sewer Lift Station No, 2 Upgrades. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3 Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending 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. yment. 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 $25,130.00 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. / 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 knits 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) forrn CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised December 2016 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 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 Contractor before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. E. Notice of Cancellation. The Consultant shall provide the City with written noticeof 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 Consuitant. 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. Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies, 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. CA revised December 2016 Page 3 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time !imitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17, Notices. Notices to the City of Tukwila shall be sent to the folio ing address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Ken Nilsen, PE PACE 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. GA revised December 2016 Page 4 DATED this 15th day of April, 2020. CITY OF TU LA Allan Ek rg, Mayor 5/5 izpzo At t es VALI t h e nti c a ted Oh4.€4t-9 City Clerk, Christy Oflaherty CA revised December 2016 CONSULTANT By: Printed Name: A iLt,AC Title: Let: /4-)e 4 Approved as to Form: ocuzu.-e,G cq Office of the City Attorney Page 5 EXHIBIT A SCOPE OF SERVICES PUMP STATION NO, 2 RETROFIT 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. On August 2014 PACE submitted to the City bid ready plans and specifications but for a variety of reasons the improvements have not yet been constructed. The City recently approached PACE requesting a scope and budget to review and update those plan and specifications as needed to comply with current codes and regulations including updating to the City's current front-end specifications for anticipated construction this summer. In addition, the City would like to add the following items to this project • replacement of the existing pumps (3 -total) due to the fact that parts are now nearly impossible to secure. It is our understanding that the City would like to convert the pumps from vertical turbine to submersible pumps. • Review the equipment previously specified to ensure they still fit dimensionally. • Review LS #12 wet well and develop alternatives along with a recommendation to repair the failing concrete surface, • Review LS #4 Special Provisions prepared by others and prepare a Project Manual that meets the City's current requirements. Scope of Services This proposal includes necessary civil and electrical services necessary to bring these projects to construction this summer. 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 services in-house. PACE will subcontract with Follett Engineering for the electrical engineering portion of the project. We anticipate starting this work immediately. The estimated cost for this work is approximately $25,130 (see Exhibit B). The budget is based on our 2020 rates. SCOPE OF WORK Task 1 — Project ManagementiCoordination/Meetings PACE will provide project 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 we are budgeting two review meeting with the City. • Coordination with subconsultant (Follet and Systems Interface). • In-house project administration, scheduling, and direction of design team staif Quality Assurance review of all plans and documents. Task 2 — Construction Document Update - LS #2 PACE will update the plans and specifications to produce a new bid ready set of bid documents with the anticipation of construction this summer, Specific items are as follows: • Update the Project Manual (specifications) to incorporate the latest City boiler plate (to be provided by the City). Add to the project the replacement of the two existing vertical turbine pumps. It is anticipated that the pumps will be submersible non -clog pumps at a size similar to the existing pumps. PACE will confirm with the City that the assumptions from the 2014 Tech Memo on flows is still valid. Review the availability and dimensions of the equipment previously specified to confirm it is still available and that it fits dimensionally. Task 3 — Electrical Design -LS #2 Follett Engineering will review the existing electrical plans and specifications and make changes as necessary to bring the plan set into compliance with current codes and technology. It is assumed that the City will provide any required coordination with PSE as needed prior to construction. Task 4 — Wetwell Review - LS #12 It is our understanding that a portion of the concrete wall of the LS #12 wetwell has significantly deteriorated due to hydrogen sulfide and other chemical processes within the wetwell, PACE will review the existing condition of the wetwell along with City provided record drawings of the lift station and develop alternatives along with a recommended approach to repair this wetwell. The findings will be summarized in a Technical Memorandum. Task 5 — Project Manual Update - LS #4 PACE will confirm that the Special Provisions previously prepared by others are still valid. PACE would then incorporate those specials provisions into a ready to bid Project anual, utilizing the City's current front-end specifications. PACE would coordinate with Follett Engineers to confirm that his prior peer review of the electrical portion of the special provisions is still valid. Any technic& changes in the electrical design would be coordinated with Systems Interface (SI), the project designer, Exhibit B PACE Engineers Project Budget Worksheet - 2020 Municipal Rates Project Name Project /7 LS IQ • 2020 Revisions Loca(i0tj, Protect Location 1 Prepared By: Date: KN 1 Dollar Total 34713 Billing Group A F Task P. 4/1/2020 Staff Type 0 (See Labor Rates Table) Staff Type Hourly Rate Drawing/Task Tile Task 1 - Project ManagemenUCoor/Meeting coord mtgs w/Gity (2 mee4ngs) Coord w(subs in-house coot and QA Task 2 - Revision Design - LS/2 Spec Revisions Plan REMSiOnS ftncloding dimensional analysis) Pump Replacement Task 3 • Electrical IDesign • LS#2 Task 4 Wetwell review LS*12 Labor Hours by Classification : I Labor l Code 300 1 Title i 1 5235 Sender Pranc/pal nyenee, 15 5155 Sr. En yi rkeer 75 $118 005 Teen II 91 5107 Project AdnenvalQr 58 5700 Two-Pereon Crew Follel.1 Engonee, Hour Total 1B 6 4 5 12 8 2 2 2 1 3 3 22 2 a 12 12 16 4 12 12 12 2 See Below 1 1 1 21.0 620 59,414 $5 060 16.0 $2,4L Task 5 Project Manual 4 8 . 12 . - i . 200 $3172 Reimbursable i 1 i . $225 1 1 1 , . , : . • , : . l 1 1 1 *25,130 Hours Total Labor Total 40.0 $9,440 37,01 i€5 260 i ; 1 1 t . . 55,735 1 $1,888 : $2,782 : 1 , . L 1150 519,845 00 rExpenses Reimbursable rale/unit Quantity Cosi PostagelGoirler Plotter PholoNldec Mileagefiravel/Per Diem Miscellaneous Technology Fee (752 of labor) li 1 1 : 522500 Total 622500 File: LS 62 4440, Fee Worksheet ubconsultants Wilily Locale Electricall Engineer LS 62 Electr1c,al, Engineer 15 04 GeolechricHl Engineer 5 C Engineer ubconsultant Subtotal arkup Page 1 of 1 Total PACE Billed Labor Total Reimbursable Expenses Subcansultants Total Project Budge 51054505 5225 on $ R60 00 Printed: 4/10/7020 50:19 AM