HomeMy WebLinkAbout20-092 - Follett Engineering, PLLC - Design and Construction Management Services: Sewer Lift No. 4 Electrical UpgradesCity m~°x�
Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:Counol Approval N/A
20-092
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineersaccountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, VVmehington, hereinafter
referred to as "the City", and Follett Engineering, PLLC, 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 limited
construction management services in connection with the project titled Sewer Lift Station No.
4 Electrical Upgrades.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all |ebor, nnateha|o, equipment and supplies.
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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. Payment,. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as foliows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached herato, provided that the total amount of payment to the Consultant shall
not exceed $20,915 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 perfornned,
services rendered, and for all nnateria|a, oupp|iea, 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 shad' 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. Co lance 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 Consuitant'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
shalt be endorsed to provide contractual iiability 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.
Workers' Compensation coverage as required by the Industrial Insurance iaws of
the State of Washington.
CA revised December 2016
Page 2
4, Professional Liabilit with limits notess than $1,000,000 per claim and $1,000,000
policy aggregate limit. Professional Liability insurance shalt be appropriate to the
Consultant's profession.
B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
Genera t 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 shalt 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 ANII.
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 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, lnde endent 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 shalt 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 A ainst Contin ent 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 federat taw,
in the selection and retention of employees or procurement of materials or supplies,
12. Assionment. 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 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. A icable Law. Venue. Attorne '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, Severabilit 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 10 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 foil wing address:
Mr. Vince Follett, P.E.
Follett Engineering, PLLC
1037 NE 659' St. #316
Seattle, WA 98115
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 par6es.
CA revised December 2016
Page 4
DATED th
s1
CITY OF TUIWILA
h day of September, 2020.
Allan Ekberg, Mayor
Attest Authenticated:
Oh4€4 j (?('1t9
10/05/2020
CONSULTANT
By:
Printed Name: Vince Follett
Title: Pr siclentµ
Approved as to Form:
CJ `ate G a�ar�d
City Clerk, Christy O'Flaherty Office of the City Attorney
CA revised IDeeerxabeir 2016
Page 5
FOLLETT ENGINEERING PLLC EXHIBITS A & B
Seattle, WA 425-765-6304
CLIENT PACE Date August 8, 2020
PROJECT: Tukwilla WWPS #4 - Rebuultl Project #
Electrical Instrumentation &Control Design Client #
DESCRIPTION
Senior Engineer
Engineer
CAD
Sub
TotaI
$148
$115
$95
1 PRE -DESIGN
PRELIM SITE VISIT AND MEETINGS
6
$888
REMOTE ALARIM & MONITORING OPTIONS ANALYSIS
1
$148
PRE -DESIGN MEETINGS - STATION STANDARDS
1
$148
ALTERNATIVES ANALYSIS
2
$296
STANDBY GENERATOR SIZING AND ANALYSIS
UTILITY COORDINATION (POWER SERVICE)
4
$592
PRE -DESIGN WRITEUPT DOCUMENTS
2
$296
$2,368
2 DESIGN
DRAWINGS
1
1 SYMBOLS & LEGEND
1
1
$243
1 DETAILS SHT 1
2
2
$486
1 DETAILS SHT 2
2
2
$486
1 SITE AREA PLAN
8 ,
4
$1,564
1 SITE PUMP STATION PLAN
10
3
$1,765 I
1 ONELIINE DIAG'RAM
12
3
$2,061
1 LOAD CALCS ; SCHEDULES
8
3
$1,469
1 CONTROL PANEL ELEVATIONS AND DETAILS
4
3
$877
1 NETWORK / COrtv1MUNICATOIONS DIAGRAM
4
3
$877
1 CONTROL WIRE DIAGRAMS SHT 1
4
3
$877
1 CONTROL WIRE DIAGRAMS SHT 2
4
3
$877
1 CONTROL WIRE DIAGRAMS SHT 3
4
3
$877
12
SPECIFICATIONS AND PROJECT REVIEW
SPECIFICATIONS
8
$1,184
ADMINISTRATION
4
$592
DESIGN REVIEW MEETINGS
4
$592
90 %REVIEW DOCUMENTS & MEETING (CLIENT & OWNER)
8
4
$1,564
9016 COST ESTIMATE
2
$296
100 % FINAL DOCUMENTS & QA / QC. REVIEW
8
4
$1,564
E I&C CONSTRUCTION COST ESTIMATE
2
$296
$1$,547
$20,915
Total Hours
115
41
OTHER EXPENSES SUBTOTAL
$20,915
EXPENSES
TOTAL/DWG $1,686 TOTAL
$20,915
4/22,2020 10 13 AM
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Design teem -Tukaeille nee -PACE Desgn Fees