HomeMy WebLinkAbout25-043 - Contract - PACE Engineers - Tukwila Urban Center Convayance InspectionsCity of Tukwila Contract Number: 25-043
Council Approval 2/3/25
• 6200 Southcenter Boulevard, Tukwila WA 98188
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 Engineers, 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 services in
connection with the project titled Tukwila Urban Center Conveyance Inspections.
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 Agreements Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending 31 December 2025, 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 31 December 2025 unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $71,808.00 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 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.
2. Commercial General Liability insurance with limits no less than $2,000,000 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 endorsement form CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
CA revised May 2020 Page 2
4. Professional Liability, with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability maintained by
the Contractor, irrespective of whether such limits maintained by the Contractor are greater
than those required by this Contract or whether any certificate of insurance furnished to
the Public Entity evidences limits of liability lower than those maintained by the Contractor.
C. 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.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. 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.
F. 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.
G. 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.
CA revised May 2020 Page 3
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.
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.
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:
11255 Kirkland Way, Suite 300
Kirkland, WA 98033
Attn: Ken Nilsen
18. Entire Aareement; 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.
CA revised May 2020 Page 4
DATED this 10th I day of February 2025.
CITY OF TUKWILA
EItVE-E-24S80fMI
igned by:
AR&S
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Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
Signed by:
Andy Youn, City Clerk
APPROVED AS TO FORM:
Signed by:
Office of the City Attorney
PACE ENGINEERS:
B
Printed Name: Kenneth H Nilsen
Title: President
CA revised May 2020 Page 5
1,,
APACE EXIIIBrr.A. WATER I LAND I INFRASTRUCTURE I FACILITIES
SCOPE OF WORK
CITY OF TUKWILA
STORMWATER INVESTIGATION/ASSESSMENT FOR PIPE DEFICIENCY
REAPAIR/REPLACEMENT
PROJECT UNDERSTANDING
The City of Tukwila (City) has requested a proposal for engineering services to prepare bid
documents for the cleaning and video -inspection of specific portions of the City's stormwater
system, as well as reviewing the video inspections and developing a report of recommendations
for the City to repair/replace any deficiencies that are observed. The City has indicated that
approximately 17,000 linear feet of stormwater conveyance system is to be cleaned, inspected
and analyzed.
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This Scope of Work is intended to provide a summary of the scope and costs associated for the
peer review services for the project listed above, at the request of the City.
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PACE will be responsible for conducting ongoing management/administration of the consultant
team in accordance with the provisions of the Agreement. Ongoing management will include
completion of professional services in a timely manner and within the Agreement budget.
PACE will maintain regular contact and coordination with the City Project Manager in accordance
with the provisions of the Agreement. The PACE Project Manager will be responsible for:
• Maintaining regular contact with the City and designated project management team staff
through telephone conversations and e-mails
• Maintaining open access to project information by the City.
• It is PACE's intent to maintain open communication with the City at all levels of the PACE
project team. Therefore, the City Project Manager may contact team members as needed.
PACE will prepare and provide monthly status/progress reports with invoices, itemized by task, to
the City, describing work performed by the PACE project team during the current reporting period.
The progress reports will be prepared in a format approved by the City Project Manager.
PROJECT MANGEMENT RESERVE
In an effort to facilitate and expedite any changes to the scope, PACE may request that funds
be reallocated from the Project Management Reserve to a task associated with a scope
variance (additional work). The City provide direction through email to document any formal
requests.
September 25, 2024
City of Tukwila
Stormwater Investigation/Recommendations for Repair/Replacement
Scope of Work
Page 2 of 6
Assumptions
1. City staff will lead and attend any City Council or committee meetings. PACE will provide
materials for said meetings, but its presence will not be required.
2. PACE will attend up to four (4) virtual progress meetings throughout the project at the
following milestones
a. Review of the draft bidding documents.
b. Upon completion of the certified bid tabulation and recommendation of project
award.
c. Review of the draft stormwater system analysis report.
d. Review of the final stormwater system analysis report.
3. A general summary of activities performed by PACE including meetings held during the
reporting period will be included in the monthly status/progress report.
1. Meeting agendas and meeting summaries in electronic form (PDF format). One (1)
electronic copy for each meeting.
2. Monthly status/progress reports and monthly invoices in electronic form (PDF format).
PACE will create bidding documents so the City may procure a contractor to perform cleaning and
videoed inspection of the portions of the system as requested by the City. PACE will provide a
project manual that includes the following:
1. Section 1 -Instruction to Bidders
2. Section 2 -Contract Proposal Documentation Including a Proposal, Bid Schedule, Bid Bond
Form, Statement of Bidder's Qualifications, Proposed Subcontractors, Non -Collusion
Declaration, and Certificate of Compliance with Wage Payment Statutes.
3. Section 3 -Contract Agreement Including the Agreement, Contract Bond and Certificate as
To Corporate Principal.
4. Section 4 -Special Provisions
5. Section 5-Appendicies Including Prevailing Wage Rates and A Figure That Provides The
Location Of The Portions Of The Stormwater System To Be CleanedNideo Inspected.
PACE will also provide bidding support services to the City under this task. Specifically included in
this effort will include:
1. PACE will review the bids received for completeness and accuracy in order to provide a
Certified Bid Tabulation to the City.
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City of Tukwila
Stormwater Investigation/Recommendations for Repair/Replacement
Scope of Work
Page 3 of 6
2. PACE will review the apparent low bidder based on the certified bid tabulation to ensure
that the contractor meets all applicable state, federal, and local requirements for project
award and will provide a letter of Recommendation of Project Award to the City.
Assumptions
1. As the project is expected to be under the $350,000 threshold, the City will procure the
contractor through the small works roster method. The Municipal Research and Services
Center (MRSC) contractor database will be utilized to obtain contact information for
contractors that are listed that are qualified to perform the work. As such PACE will not be
required to coordinate with any publications to fulfill advertisement requirements typical
the traditional design -bid -build process. PACE also will not be required to coordinate with
any physical or online plan holders services.
2. No design drawings will be produced for this task. The bid package will consist of a project
manual with the elements listed above included.
3. The figure that is to be provided as an appendix in the project manual will be graphical in
nature only. It will be produced based on GIS information provided by the City.
4. It is not anticipated that PACE will attend a formal bid opening. If PACE is to attend a bid
opening it will be billed on a time and expense basis.
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1. PACE will provide a draft project manual in electronic form (PDF format) fortwo reviews to
be performed by the City prior to distribution for contractor procurement.
2. PACE will provide a project manual in electronic form (PDF format) based on the City's
review initial review comments for distribution for contractor procurement.
3. Certified Bid Tabulation in electronic form, within 2 days. (PDF format).
4. Recommendation of Project Award in electronic form (PDF format).
PACE will provide administration of the CCN contract. It is anticipated that the following tasks
will be included in this task:
1. Facilitating and attendance at a pre -construction conference.
2. Reviewing requests for information (RFI's) from the contractor.
3. Reviewing traffic control plans submitted by the contractor.
4. Coordination of data transfer.
5. Processing of progress payments
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September 25, 2024
City of Tukwila
Stormwater Investigation/Recommendations for Repair/Replacement
Scope of Work
Page 4 of 6
6. Facilitating project closeout.
Assumptions
1. For budgeting purposes, the number of RFI's anticipated is ten (10). If there are RFI's more
than this estimate, it will require an additional services agreement (ASA) or will be billed on
a time and expenses basis.
2. For budgeting purposes, the number of traffic control plans that are to be submitted is
three (3). If there are additional traffic control plans more than this estimate, it will require
an additional services agreement (ASA) or will be billed on a time and expenses basis.
3. The data transfer will be coordinated through the PACE sharepoint site. The City's project
manager will have access to the site to obtain all data provided by the contractor
4. For budgeting purposes, the number of progress payments for processing is three (3). If
there are additional progress payments above this estimate, it will require an additional
services agreement (ASA) or will be billed on a time and expenses basis.
1. PACE will provide a draft of the preconstruction conference agenda in electronic format for
comment by the City. After any comments received from the City PACE will finalize the
agenda and it will be distributed at the preconstruction conference in either paper copy or
electronic format.
2. PACE will provide responses to up to 10 (ten) RFI's in electronic format to the contractor.
3. PACE will provide responses to up to 3 (three) traffic control plans in electronic format to
the contractor.
4. PACE will provide up to 3 (three) progress payments in electronic form (PDF format) to the
City for processing
5. PACE will provide a completion of public works project and file with the Department of
Revenue, Labor and Industry, and Employment Security upon completion of the project
and receipt of the contractor's affidavit with Labor and Industry.
PACE will perform a review of the contractor provided video inspections of the stormwater system.
As part of the review any anomalies in the pipes will be noted and classified per the Pipeline
Assessment Certification Program's (PACP) anomaly code referencing system. PACE will use
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September 25, 2024
City of Tukwila
Stormwater Investigation/Recommendations for Repair/Replacement
Scope of Work
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these observations and information to develop a report that proposes repair/replacement for all
anomalies observed in the video of the system.
The City has expressed an interest in using a company that analyzes the video inspection by
utilizing artificial intelligence (AI). This task includes coordination with the chosen company and a
comparison between the Al results and the results from PACE to determine the accuracy of the Al
inspection results. PACE will note the comparison in the report provided to the City and provide
an analysis of the accuracy of the Al findings vs. the traditional visual inspection.
Included in this task is preparation of a presentation that is to be given at an industry event such as
an American Public Works Association (or similar organization) conference. The presentation will
highlight the results found in the comparison between the Al results and the traditional CCTV
inspection.
Assumptions
1. As the exact condition of the pipes is unknown, for budgeting purposes the number of
anomalies in the system that are anticipated to be addressed is 340 (approximately 1
anomaly for every 50 feet of pipe inspected). Effort expended to analyze/provide
recommendations for anomalies in excess of this estimate will require an additional
services agreement (ASA) or will be billed on a time and expenses basis.
2. As the existing surface conditions above the pipe locations are not to be topographically
surveyed, the recommendations for pipe repair/replacement will strictly be driven by the
video inspection itself rather than any surface restoration efforts/requirements.
3. The report will include recommendations for pipe repair/replacement and will not include
any analysis of existing drainage structures such as catch basins, storm drain manholes,
flow splitters, water quality/detention facilities ect.
4. No design drawings will be produced for this task. The report will include a map that is
graphical in nature that shows the location of all anomalies analyzed.
5. PACE will coordinate with the company that is to provide the Al analysis of the CCTV
inspection. However, this companywill not be a PACE subconsultant.
6. For budgeting purposes, it is anticipated that approximately 5,000 LF of stormwater
conveyance piping will be analyzed by the company providing the Al analysis. Any
additional pipe that was analyzed by said company that requires a comparison between
results will require an ASA or will be billed on a time and material basis.
7. It is assumed that PACE will prepare the presentation for inclusion at an industry event or
conference. The presentation will be in PowerPoint format and will consist of 20-40 slides
that highlight the project and its results.
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City of Tukwila
Stormwater Investigation/Recommendations for Repair/Replacement
Scope of Work
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8. PACE will not be reimbursed for attendance at said industry event or conference.
1. PACE will provide a draft pipe assessment report in electronic form (PDF format) for one
review to be performed by the City.
2. PACE will provide a final pipe assessment report in electronic form (PDF format) based on
the City's review initial review comments.
3. PACE will provide the City with a database in GIS that includes all data of each of the
anomalies analyzed.
4. PACE will provide a final presentation in PowerPoint format.
END OF SCOPE OF WORK
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File: Tukwila Starmwater CCTV Project, Fee Worksheet Page 7 of 7 Printed: g12b/2924, 9:57 AM