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HomeMy WebLinkAboutPACE Engineers - PSA Foster Wells Force Main Improvements CP7-SR-1A-19-00PROFESSIONAL SERVICES AGREEMENT 18080 - Foster Wells Force Main Improvements CP7-SR-1A-19-00 Agreement # 18003 THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to"Cit ", and PACE ngmeers, Inc., hereinafter referred to as "Consultant," on the day of .2019. RECITALS WHEREAS, the City desires to have certain services and/or tasks performed as set forth below requiring specialized skills, training, equipment, and other supportive capabilities; and WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills, experience, equipment, and necessary capabilities, including: technical and professional expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon which the City is relying. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: 1. Scone of Services. The Consultant shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as identified and designated as Consultant's Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in Exhibit A, attached hereto and incorporated herein (the "Project"). 2. Term. This Project shall begin on the date executed above and be completed by December 31, 2019. 3. Compensation and Payment. 3.1 Payment for services provided hereunder shall be made following the performance of such services. Such payment shall be full compensation for work performed or services rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to complete the Project. 3.2 No payment shall be made for any services rendered by the Consultant except for services identified and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. 3.3 The City shall pay the Consultant for work performed under this Agreement upon timely submitted invoices detailing work performed and expenses for which Professional Services Agreement- PACE Engineers, Inc. 18080 - Force Main Replacement Foster Wells Contract #18003 Page 1 of 9 issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 3.4 The City shall pay the Consultant for all work performed and expenses incurred under this Agreement, as follows. ® Hourly (Multiple Rate): Such rates as identified on Exhibit A, plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $185,354.92 without the prior written authorization by the City; or 4. Reports and Inspections. 4.1 The Consultant at such times and in such forms as the City may require, shall furnish to the City such statements, records, studies, surveys, reports, data, and information as the City may request pertaining to matters covered by this Agreement. 4.2 The Consultant shall, at any time during normal business hours and as often as the City or the Washington State Auditor may reasonably deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the City, or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The City shall receive a copy of all audit reports made by the agency or firm as to the Consultant's activities. The City may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the Consultant's activities which relate, directly or indirectly, to this Agreement. Consultant shall be provided a copy of such reports. 4.3 The Consultant, during the term of this Agreement, shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense, and shall maintain its validity. Upon request, the Consultant shall deliver to the City copies of these licenses, registration documents, and permits or proof of their issuance or renewal. 4.4 Consultant shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement, and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit as provided above. 4.5 The Consultant shall retain all books, records, documents or other material relevant to this Agreement for three (3) years after its expiration. Consultant agrees that the City, or its designee, shall have full access and right to examine any of said materials at all reasonable times during this period. Professional Services Agreement- PACE Engineers, Inc. 18080 - Force Main Replacement Foster Wells Contract #18003 Page 2 of 9 5. Ownership and Use of Documents. 5.1 All research, tests, surveys, preliminary data, information, drawings and documents made, collected, or prepared by the Consultant for performing the services subject to this Agreement, as well as any final product, collectively referred to as "work product," shall be deemed as the exclusive properly of the City, including copyright as secured thereon. Consultant may not use them except in connection with the performance of the services under this Agreement or with the prior written consent of the City. Any prior copyrighted materials owned by the Consultant and utilized in the performance of the services under this Agreement, or embedded in with the materials, products and services provided thereunder, shall remain the property of the Consultant subject to a license granted to the City for their continued use of the products and services provided under this Agreement. Any work product used by the Consultant in the performance of these services which it deems as "confidential," "proprietary," or a "trade secret" shall be conspicuously designated as such. 5.2 In the event of Consultant's default, or in the event that this Agreement is terminated prior to its completion, the work product of the Consultant, along with a summary of the services performed to date of default or termination, shall become the property of .the City, and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of services provided shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of services provided. 6. Public Records. 6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW "Public Records Act." All preliminary drafts or notes prepared or gathered by the Consultant, and recommendations of the Consultant are exempt prior to the acceptance by the City or public citation by the City in connection with City action. 6.2 If the Consultant becomes a custodian of public records of the City and request for such records is received by the City, the Consultant shall respond to the request by the City for such records within five (5) business days by either providing the records, or by identifying in writing the additional time necessary to provide the records with a description of the reasons why additional time is needed. Such additional time shall not exceed twenty (20) business days unless extraordinary good cause is shown. 6.3 In the event the City receives a public records request, for protected work product of the Consultant within its possession, the City shall, prior to the release of any protected work product or as a result of a public records request or subpoena, Professional Services Agreement- PACE Engineers, Inc. 18080 - Force Main Replacement Foster Wells Contract #18003 Page 3 of 9 provide Consultant at least ten (10) business days prior written notice of the pending release and to reasonably cooperate with any legal action which may be initiated by the Consultant to enjoin or otherwise prevent such release. 7. Independent Contractor Relationshhi . 7.1 The parties intend that an independent contractor relationship is created by this Agreement. The City is interested primarily in the results to be achieved; subject to the scope of services and the specific requirements of this Agreement, the implementation of services will lie solely with the discretion of the Consultant. No agent, employee, officer or representative of the Consultant shall be deemed to be an employee, agent, officer, or representative of the City for any purpose, and the employees of the Consultant are not entitled to any of the benefits or privileges the City provides for its employees. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, officers, subcontractors or representatives during the performance of this Agreement. 7.2 In the performance of the services provided in this Agreement, Consultant is an independent contractor with full authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the City and shall be subject to the City's general rights of inspection and review to secure the satisfactory completion thereof. 7.3 The Consultant shall comply with all State and Federal laws including, but not limited to: 7.3.1 The definition requirements of RCW 50.04.140 (Employment Security). 7.3.2 RCW 51.08.195 (Industrial Insurance). 7.3.3 Obtain a City of Pasco business license. 7.4 The City may, at its sole discretion, require the Consultant to remove any employee, agent or servant from employment on this Project who, in the City's sole discretion, may be detrimental to the City's interest. 8. Indemnification. 8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers from any and all claims and causes of action, including, but not limited to, actions of law or administrative proceedings for all injuries to persons or damages to property, and all losses, damages, demands, suits, judgments, including attorney fees, arising out of, or as a result of, or in connection with the work performed under this Agreement, and caused or occasioned in whole or in part by reason of errors, negligent acts or omissions of the Consultant or its subcontractors in the performance of this Agreement, except Professional Services Agreement- PACE Engineers, Inc. 18080 - Force Main Replacement Foster Wells Contract #18003 Page 4 of 9 for injuries and damages caused by the sole negligence of the City, its officers, employees, agents, and volunteers. 8.2 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 injuries or damages to property caused by or resulting from the concurrent negligence of the Consultant, and the City, its officers, employees, agents and volunteers, the Consultant's liability and obligation to defend hereunder shall only be the proportionate extent of the Consultant's negligence. 8.3 It is further agreed 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. 8.4 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.5 This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant's delayed or failed performance of Section 6 above. 8.6 This waiver has been mutually negotiated by the parties, and the provisions of this section shall survive the expiration or termination of this Agreement. 9. 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, employees, or subcontractors. 9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 9.1.1 Automobile Liability insurance covering 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. 9.1.2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising. from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 9.1.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Professional Services Agreement- PACE Engineers, Inc. 18080 - Force Main Replacement Foster Wells Contract # 18003 Page 5 of 9 9.1.4 Professional Liability insurance appropriate to the Consultant's profession. 9.2 Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 9.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 9.2.2 Commercial General Liability insurance shall be written with limits no less than: ® $1,000,000 each occurrence; ® $2,000,000 general aggregate; or ❑ $ each occurrence; and $ general aggregate 9.2.3 Professional Liability insurance shall be written with limits no less than: ® $1,000,000 per claim; ® $1,000,000 policy aggregate limit; or ❑ $ per claim; and $ per policy aggregate limit 9.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: 9.3.1 The Consultant's insurance coverage shall be primary insurance as respects 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 contribute with it. 9.3.2 The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 9.5 Verification of Covera e. 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. 10. Nondiscrimination. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, Professional Services Agreement- PACE Engineers, Inc. 18080 - Force Main Replacement Foster Wells Contract # 18003 Page 6 of 9 creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment in the performance of this Agreement without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, State and Federal laws prohibiting discrimination in employment. 11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any company, person or firm, other than a bona fide employee working exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have .the right to terminate this Agreement. 12. Assignment and Subcontracting. 12.1 The City has awarded this Agreement to the Consultant due to its unique qualifications to perform these services. The Consultant shall not assign (or subcontract other than as specifically identified in Exhibit A) its performance under this Agreement or any portions of this Agreement without the prior written consent of the City, which consent must be sought at least thirty (30) days prior to the date of any proposed assignment. 12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Nondiscrimination; proper bidding procedures where applicable; and all local, State and Federal statutes, ordinances and guidelines. 12.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the City. 13. Termination. 13.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other party no less than ten (10) business days written notice in advance of the effective date of such termination. 13.2 Termination for Cause. If the Consultant fails to perform in the manner called for in this Agreement, or if the Consultant fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) Professional Services Agreement- PACE Engineers, Inc. 18080 - Force Main Replacement Foster Wells Contract #18003 Page 7 of 9 business days of written notice thereof, the City may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the Consultant setting forth the manner in which the Consultant is in default. The Consultant will only be paid for services and expenses complying with the terms of this Agreement, incurred prior to termination. 14. General Provisions. 14.1 For the purpose of this Agreement, time is of the essence. 14.2 Notice. Notice provided for in this Agreement shall be sent by: 14.2.1 Personal service upon the Project Administrators. 14.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 14.3 The Project Administrator for the purpose of this Agreement shall be: 14.3.1 For the City: Steve Worley, P.E., or his/her designee Public Works Director 525 North 3rd PO Box 293 Pasco WA 99301 WorlgyS@pasco-wa.gov (e-mail address) 14.3.2 For the Consultant: Robin Nelson, P.E., or his/her designee 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 RobinN at aceen rg s.com (e-mail address) 15. Dis ute Resolution. 15.1 This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. 15.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled Professional Services Agreement- PACE Engineers, Inc. 18080 - Force Main Replacement Foster Wells Contract #18003 Page 8 of 9 to its reasonable attorney fees and costs as additional award and judgment against the other. 16. Nonwaiver. 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 similar event or other provision of this Agreement. 17. Integration. This Agreement between the parties consists in its entirety of this document and any exhibits, schedules or attachments verified by initials as a part of Exhibit A. Any modification of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. 18. Authorization. By signature below, each parry warrants that they are authorized and empowered to execute this Agreement binding the City and the Consultant respectively. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY OF PASCO, WASHINGTON CONSULTANT 7,1)1t .E Dave Zabell, Ci y ger IYACE Eny i eers, Inc. ATTEST: Daniela Erickson, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Professional Services Agreement- PACE Engineers, Inc. 18080 - Force Main Replacement Foster Wells Contract #18003 Page 9 of 9 Exhibit A Engineers I Plxfners I Surveyor CPE. An EngUmming Servion CampwV City of. Pasco Foster Wells Pump Station Forcemain Replacement PS&E Proiect Understandin The City of Pasco has selected the PACE Engineers team to prepare bid documents for the Foster Wells Pump Station Forcemain Replacement project. The project consists of a new parallel forcemain 16 inch in diameter extended from the Foster Wells pump station to the City's PWRF. The forecemain alignment was determined in previous work effort and is attached to this scope of work for definition. The alignment generally follows Foster Wells Road crossing Highway 395 and continues to the east on Foster Wells Road to the entrance /access road to the PWRF. The forcemain would follow this access road alignment into the PWRF site and to the screening building. The total length of the forcemain is approximately 2.5 miles. The forcemain would be located within the public right of way and this scope of work does not anticipate any right of way acquisition. Due to previous survey work completed for the Capital Facilities Plan and Columbia East forcemain engineering, our survey efforts for this project would only need cover the area from Foster Wells Pump Station to the intersection of Foster Wells Road and Capital Avenue. The previously mentioned projects will provide the additional topographic information needed. Upon completion of the survey and geotechnical investigations, PACE would prepare the 30% plans based upon the conceptual alignment attached herewith. The alignment would consider existing utilities, the new Columbia East forcemain location, and the potential for a forcemain from Lamb Weston. We will consider common trench options for placement of the forcemain to conserve available space within the public right of way. The design effort will include full width restoration of Foster Wells Road and the PWRF access road. Once the 30% design effort is completed and City staff reviewed and approved of the alignment, PACE would available for a meeting with the processors to present our recommendations. The design team will then focus on completion of the 90% PS&E submittal which can then be used to submit for the local required permits and develop the SEPA checklist. Upon receipt of regulatory and permitting agency comments, our team will prepare the bid documents and assist the City with competitive bidding process. Scope of Work Task 1 — Project Management Organize, manage, and coordinate the disciplines required to accomplish the services required for this project. Project management services are as follows: Task 1.1 — Team Management Provide project management, contract administration services, and manage subconsultants. This work will include but is not limited to monitoring scope of work, budget, and schedule for compliance PACE Engineers, Inc. 11255 Kirkland Way I Suite 300 Kirkland, Washington 98033-3417 P 425.827.2014 1 f 425.827.5043 September 14, 2018 Engineers I Planners I Surveyors City of Pasco Page 2 of 4 ­vV%w.pacee:1j:s.a�� with project management plan, prepare monthly invoices, and prepare progress reports. Progress reports to include a description of work accomplished, upcoming work, budget status, and schedule status. Progress reports will be provided at bi-weekly status meetings with City staff. Deliverables: For budgeting purposes PACE assumes 6 Monthly Invoicing with Project Status Reports. Task 1.2 — Quality Assurance /Quality Control PACE will provide QA/QC in accordance with PACE standard practices. Sub -consultants will provide their own internal QA/QC practices consistent with industry standards of care. PACE team will conduct critical reviews continuously throughout project and specifically for key milestones and deliverables. Task 1.3 - Communications For budgeting purposes 12 bi-weekly progress meetings with City staff. Meetings will focus on the status and schedule of the PS&E. Meetings would be conducted using video conferencing software; such as SKYPE. Deliverables: Meeting agendas and notes. Task 2 — Stakeholder Coordination Task 2.1 — Progress Meetings Processors Three meetings are assumed budgeting purposes to communicate and coordinate progress and schedule with local processors. Meetings are assumed to be held at City of Pasco Offices. Deliverables: Meeting agendas, minutes, and progress reports. Task 3 — Professional Surveying Support 3.1 Topographic Survey and Mapping A topographic survey will be prepared for the designated site of the new Pump Station facility defined in the Engineering report dated January 2017 prepared by PACE Engineers. A survey of the forcemain alignment as agreed upon by City staff and PACE included herewith shall be provided. The topographic survey will consist of establishing horizontal. and vertical control to the PWRF site using City datum. A topographic survey will be completed to identify surface features including 1 foot contours of proposed pump station site. The survey of the forcemain alignment will include 1 foot contours of the alignment within a 30 feet proposed permanent utility easement and an additional 30 feet for a temporary construction easement. This work shall include underground utility locates, all existing improvements within 100 feet radius of the proposed pump station site and along the forcemain alignment, and other features defined by the PACE team. Deliverables: Complete surface TIN of existing topographic features in Autocad Civil 3D. -Task 4 — Geotechnical Site Evaluations 4.1 Geotechnical Site Assessment A geotechnical site assessment will be done to identify site soils and conditions at the location of the new Columbia East pump station site and along the forcemain alignment. Shannon and Wilson, Inc., PACE September 14, 2018 City of Pasco Page 3 of 4 Engineers I Planners I Surveyors www.paceengrs.com will conduct up to five borings along the forcemain alignment in locations to be determined based upon access and right of entry. Deliverables: One (1) Electronic PDF Geotechnical report complete with but not limited to soil loading and bearing data, ground water observations, shoring requirements, structural backfill requirements, and soil boring logs. Task 5—Forcemain Engineering The design phase is an iterative process. Once the (30%) preliminary plans are complete, reviewed and approved by the City, PACE will proceed with engineering and design for the 90% plans, specifications, and a cost estimate for project permitting. Task 5.1 - Develop 30% Plans PACE has prepared alignment adequate for estimating quantities and scope of construction work. This conceptual alignment will be used as the basis for further design engineering. PACE will provide plan and profile for a 16 inch ID forcemain to replace the existing deteriorating forcemain identified in the Engineering report and shall follow the alignment included with this scope of work. The plans shall be sufficiently complete to understand impacts created to existing properties, necessary pipeline appurtenances, fittings and valves. Utility conflicts shall be identified in the preliminary plans so as to understand any utility relocation needs. This effort will include developing basis for design mapping and transferring the attached alignment plan view to the basis for design mapping developed from the topographic survey. The forcemain alignment profile will be created and the new pipeline and appurtenance will be provided. This level of effort to produce the preliminary plans has been well defined under previous efforts, therefore, this preliminary design level of effort has been significantly reduced to recognize previous efforts Deliverables: Scaled 30% plans; three full size copies on 22 x 34, 3 half size copies on 11 x 17 in Autocad Civil 3D format, and an electronic copy of the full size plans. Task 5.2 - Preliminary 30% Cost Estimate Update Based on preliminary plans and review of construction data, PACE will develop a preliminary cost estimate. PACE will meet with City staff to develop and review the appropriate unit costs to use for the project. Deliverables: Preliminary detailed cost estimate. Task 5.3 - Prepare 90% Civil PS&E The 90% submittal will be technically complete and include plans, profiles, sections, details, and general construction notes sufficiently complete to convey intent and constructability of the proposed improvements. PACE will use standard City forms for bid proposal, contracts and contract bond forms; PACE general conditions and technical special provisions; and Appendices including Washington State Prevailing wage requirements, Geotechnical report, and others to be determined. Specifications will follow WSDOT/APWA Standard Specifications for Road, Bridge and Municipal Construction, current edition. PACE September 14, 2018 Engineers I Planners I Surveyors City of Pasco Page 4 of 4 vnwi.paceengrs.com Task 5.4 — Prepare 90 % Cost Estimate Update Based on preliminary plans and review of construction data, PACE will develop a preliminary cost estimate. PACE will meet with City staff to develop and review the appropriate unit costs to use for the project. Deliverables: 90% detailed cost estimate. Task 6 — Bid Documents Task 6.1 - Prepare Bid Documents All review comments from the previous 90% submittal reviews will be addressed and incorporated into the bid documents. A draft of the bid documents will be presented to the City for final approval. This project will follow LAG manual for local Ad and Award procedures. PACE will assist the City upload the bid documents for a -bid. Deliverables- An Excel spreadsheet outlining all City review comments received on 90% submittal will be updated to include Ecology review comments received along with responses and actions taken. PACE will assist City in uploading bid documents for a -bid. Final Construction Engineer's cost estimate will be provided to the City. Task 7 — Environmental Documentation and Permitting Task 7.1 SEPA Checklist and Local Permitting This project does not have a federal nexus and therefore NEPA permitting requirements are not required. It is our assumption that State funding will not be used in the project and this project will not require compliance with Directive 05-05 for cultural resources assessment. PACE does not anticipate any environmental documentation as part of this scope of work. PACE will provide a project -action SEPA checklist, clearing and grading or equivalent permit, and right of way use permit and submit to City and County for their review and approval. PACE has budgeted for response to one round of review comments. Further responses will be conducted on a time and materials basis and considered supplemental work for additional compensation. Deliverables: Completed SEPA Checklist, Clearing and Grading Permit (or equivalent), and Right of way permits for in City work and work within Franklin County. End of Scope of Work PACE 0- e e m cm d i✓ W W Q a OOiO N (7 +- 71- :V N�7 N :Q N O b 0 O C Oi O W � O F O .O O N_ m LL O T' m o O m d AC40 o® CERTIFICATE OF LIABILITY INSURANCE FDATE(MdUDD/YYY1r) 11/28/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hall & Company Hall & Company 19660 10th Ave NE NAME.CONTACT NAPE: Allison Andrus PHONEFAx A .No. : 360-626-2007 A,c No:360-598-3703 ADDRESS: aandruso_hallandcompa n .com INSURER(SI AFFORDING COVERAGE MAIC# Poulsbo WA 98370 INSURER A: The Travelers Indemnity Company 25658 INSURER B : Travelers Property Casual . Company of America 25674 INSURED A2 PACE Engineers Inc 11255 Kirkland Way INSURER C: Lexington Insurance Company 19437 Suite 300 INSURER D: Kirkland WA 98033 INSURER E, INSURER F ni1%ICMAr0C (`CQTICl/`ATC NIIIIARFR- I9r"%lrrAA REVISION NUMBER_ ----------- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY /D Y EFF LTR YY MMIDDlYYY LIMITS B X COMMERCIAL GENERAL LIABILITY 68091-1607128 4/27/2018 4/27/2019 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE FRI OCCUR PREM SESCEa q ince i $ 300,000 MED EXP (Any one person) $ 5,000 X XCU/OCPBFPD X Cross LiabiNly PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 PR ODUCTS - COMP/OP AGG $ 4,000,000 NPOLICY PR O- LOC OTHER: A AUTOMOBILE LIABILITY BA76941924 4/27/2018 4/27/2019 COM BINED SINGLE LIMIT $1,000,000 Ea acrid BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per accide $ A ! X UMBRELLA LIAB X CC OCCUR CUP76960268 4/27/2018 4/27/2019 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 EXCESS LIAB MS DED X I RETENTION $ In nnn $ B WORKERS COMPENSATION 6809H607128 4/27/2018 4/27/2019 STATUTE I X OR WA Stm Ga AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVEE.L. EACH ACCIDENT $1,000,000 E.L. DISEASE- EA EMPLOYEE $1,000,000 OFFICER/MEMBEREXCLUDED? ❑ (Mandatory in NH) N / A E.L. DISEASE - POLICY LIMIT $ 1,000,000 it yes, describe under DESCRIPTION OF OPERATIONS below C Professional Lab Claims Made 7 035713742 4/27/2018 4/27/2019 $2,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder(s) is/are an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured. The insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance_ A waiver of subrogation applies to the Commercial General Liability, Auto Liability, Umbrella / Excess Liability and Workers Compensation / Employers Liability in favor of the Additional Insured. PACE Engineers services provided for City of Pasco Contract #18003; 18080 - Force Main Replacement Foster Wells/ CEHTIFICA 1 E City of Pasco Steve Worley, PE Public Works Director 525 North 3rd Pasco WA 99301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE G z Ur- I tJ-ZU75 A$-Urlu L Unrvrlwl wn. wn ngnw rraCr VCU. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: 68091-1607128 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION It — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. in the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the 'written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section ill — Limits Of Insurance_ h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4-a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed: after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary. excess, contingent or on any other basis, that is available to the additional insured. when that person or organization is an additional insured under any other insurance. CG D3 91 09 15 ® 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted malarial of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before. and in effect when. the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: 'Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 0 2015 The Travelers Indemnity Company. A@ rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services office, Inc., with its permission Policy Number. BA7B941924 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an insured' under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured' while operating a covered "auto" hired or rented under a contract or agreement in an "em- ployees" name, with your permission, while H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE —GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2, The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered 'auto' hin=d or rented by your 'employee' under a contract in an employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any 'auto' that is leased, hired, rented or borrowed with a driver is not a covered "auto'. C. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: CA T4 20 0215 G atals t he Travelers Indemnity compa rry. A I rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. wdh its permission. COMMERCIAL AUTO Any 'employee' of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION 11— COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to fumish these bonds. 2. The following replaces Paragraph A.Za.(4) of SECTION 11— COVERED AUTOS LIABILITY COVERAGE: (4) All reasonable expenses incurred by the 'insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — If4CREASED LOAD CAPACITY The following replaces Paragraph C.I. of SEC- TION I —COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph A.4., Cover- age Extensions, of SECTION 111 — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered 'autos" for Covered Autos Liability Coverage but not covered "autos' for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned 'auto", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" to any one "auto" that you hire, rent or borrow is the lesser of. (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depredation and physical condition will be made in determining actual cash value in the event of a total 'loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any 'auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee'. G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph CA.b. of SECTION 111 — PHYSICAL DAMAGE COVERAGE is deleted. 1. WAIVER OF DEDUCTIBLE —GLASS The following is added to Paragraph D_, Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION 111 — PHYSICAL DAMAGE COVERAGE: Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured'; and (2) In or on your covered "auto" This coverage only applies in the event of a total theft of your covered "auto'. No deductibles apply to Personal Property cover- age - Page 2 of 3 (a 2015 The Travelers Indemnity Company. All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services office, Inc. wkh its perrnission. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.1b. and A.i.c., but only: a. If that 'auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the folinwing: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto'; and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Lift Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent xtent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 0215 is 2095 The Travelers Indemnity Compa ny. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. wth its permission. Policy Number CUP713960268 UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE The following is added to Paragraph 77., OUR RIGHT a. "Bodily injury" or "property damage" caused by an TO RECOVER FROM OTHERS., of SECTION IV — "occurrence" that takes place; or CONDITIONS.: b. "Personal injury" or "advertising injury" caused by If the insured has agreed in a contract or agreement an "offense" that is committed: to waive that insured's right of recovery against any subsequent to the execution of the contract or agree - person or organization, we waive our right of recovery menL against such person or organization, but only for payments we make because of.- UM f: UM 04 88 07 08 ® 2008 The Travelers Companies, Inc. Page I of 1 Includes the copyrighted material of Insurance Services Office, Inc. wAh As permission.