HomeMy WebLinkAboutPACE Engineers - On-Call Value Planning for the City of Pasco Process Water Reuse Facility (Agreement No. 21-001)PROFESSIONAL SERVICES AGREEMENT
On -Call Value Planning for the City of Pasco Process Water Reuse Facility
Agreement No. 21-001
THIS AGREEMENT is made and entered into between the City of Pasco, a Washington
Municipal Corporation, hereinafter referred to as "City", and PACE Engineers, Inc., hereinafter
referred to as "Consultant," on the
Vi.
day of J_anv12021.
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. Scope 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"). Provided, however,
that in the event that any of the provisions of this Professional Services Agreement are in
conflict with the provisions of both Exhibit [A] & Exhibit [B], the provisions of this
agreement shall prevail.
2. Term. This Project shall begin on the execution date listed above and promptly be
completed by 6/30/2021.
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.
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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
reimbursement is sought. The City shall approve all invoices before payment is
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.
FX Hourly (Multiple Rate): Such rates as identified on Exhibit B, plus actual
expenses incurred as provided under this Agreement, but not to exceed a
total of $30.000.00 without the prior written authorization by the City.
4. Reports and Inspections.
4.1 The Consultant at such times and in such forms as the City may require, shall
fiirnish 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
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City, or its designee, shall have full access and right to examine any of said
materials at all reasonable times during this period.
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 property of the City, including copyright
as secured thereon. Consultant may not use them except in connection with the
perfonnance 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.
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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,
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 Relationship.
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
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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
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
Commercial General Liability insurance shall be endorsed to provide a per
project general aggregate limit using ISO form CG 25 03 05 09 or an
endorsement providing at least as broad coverage. There shall be no
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exclusion for liability arising from explosion, collapse or underground
property damage. The City shall be named as an additional insured under
the Contractor's Commercial General Liability insurance policy with
respect to the work performed for the City using ISO Additional Insured
endorsement CG 20 10 10 01 and Additional Insured -Completed
Operations endorsement CG 20 37 10 01 or substitute endorsements
providing at least as broad coverage.
9.1.3 Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
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:
x $2,000,000 each occurrence;
2,000,000 general aggregate
2,000,000 products -completed operations aggregate limit; or
each occurrence; and $ general aggregate
9.2.3 Professional Liability insurance shall be written with limits no less than:
x $2,000,000 per claim;
x $2,000,000 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. The
Consultant shall provide the City and all Additional Insureds for this work
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with written notice of any policy cancellation within two business days of
their receipt of such notice.
9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than ANII.
9.5 Verification of Coverage. Consultant shall furnish the City with original
certificates and a copy of the amendatory endorsements, including, but not
necessarily limited to, the additional insured endorsement evidencing the insurance
requirements of the Consultant before commencement of the work. Upon the City's
request, the Consultant shall fitrmsh certified copies of all required insurance
policies, including endorsements, required in this Contract and evidence of all
subcontractor's coverage.
9.6 Subcontractors' Insurance. The Contractor shall cause each and every
Subcontractor to provide insurance coverage that complies with all applicable
requirements of the Consultant -provided insurance set forth herein, except the
Consultant shall have sole responsibility for determining the limits of coverage
required to be obtained by Subcontractors. The Consultant shall ensure that the City
is an additional insured on each and every Subcontractor's Commercial General
liability insurance policy using an endorsement as least as broad as ISO CG 20 10
10 01 for ongoing operations and CG 20 37 10 01 for completed operations.
9.7 City Full Availability of Consultant Limits,. If the Consultant maintains higher
insurance limits than the minimums shown above, the City shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability
maintained by the Consultant, irrespective of whether such limits maintained by the
Consultant are greater than those required by this Contract or whether any
certificate of insurance furnished to the City evidences limits of liability lower than
those maintained by the Consultant.
9.8 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.
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,
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
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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) 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.
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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; or
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 M. Worley, P.E, or his/her designee
Public Works Director
525 North 3rd
PO Box 293
Pasco WA 99301
WorleyS a,pasco-wa. og_v (e-mail address)
14.3.2 For the Consultant: Robin Nelson, P.E., or his/her designee
Principal
11255 Kirkland Way, Suite 300
Kirkland, WA 98033
RobinN(@paceenjzrs.com (e-mail address)
15. Dispute 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 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.
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17. Intep-ration. This Agreement between the parties consists in its entirety of this document
and any exhibits, schedules or attachments. 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 party 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 O PASCO, WASHI GTON
WOF
Steve M. Worley, Public Works Di i
ATTEST:
lbm_yalo
Debra C. Barham, City Clerk
APPROVED O F
4
Kerr Fergus Law_ LC, C' ttorney
AULTANT
c,
obin D. Nelson, Principal
Professional Services Agreement — PACE Engineers, Inc. Agreement No. 20-054
On -Call Value Planning for the City of Pasco Process Water Reuse Facility
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CITY OF PASCO
ON-CALL VALUE PLANNING FOR THE
PWRF SCOPE OF WORK
Background
EXHIBIT A
City of Pasco requested PACE participate in the Value Planning process led by the Center for
Sustainable Infrastructure (CSI) designed to help solve the City's PWRF challenges. The twelve -
week process is designed to identify a portfolio of options including providing the same or better
levels of service at the same or lower life cycle cost, while generating significantly greater long-
term value for the community. PACE has prepared this ON-CALL scope of services to provide
institutional knowledge and PWRF background information to support the Value Planning
process. Additional services may be provided under this professional services agreement to
support the City and Port of Pasco.
Scope of Work
Task No. 1 — Innovative Design Workshop
This task involves participation preparation for and attendance in the one -day virtual workshop
led by CSI.
Task No. 2 — Project Development Roadmap
This task will include attending the two-hour Project Development Roadmap workshop to review
the solution set prepared by CSI.
Task No. 3 — Other Assignments
This task will include providing additional support to the City during the Value Planning to be
assigned.
Task No. 4 — Project Management
This work includes preparing monthly progress reports, invoices, and statements. This work also
includes providing QA/QC of all deliverables identified as part of these scope of services and
coordination and communication with internal staff and City designated representative.
Budget
The budget to complete this scope of work above is estimated to be $30,000.00. This work will
be billed on a Time and Materials basis at PACE's 2021 Municipal Billing rates attached herewith.
Schedule
The work will commence upon notice to proceed and follow the twelve week Value Planning process.
End Scope of Work
EXHIBIT B
p
WASHINGTON
2021 ENGINEER OF RECORD
E,,,'„,,,-045,,,,,,,,,, HOURLY RATE SCHEDULE Erginears I Planners I Surveyors
Effective January 1, 2021
HOURLY
DESCRIPTION RATE
1. Office Tech I, Expediter 1 49.00
2. Office Tech II, Expediter II 63.00
3. Office Tech 111, Intern, Jr. CAD Tech, Jr. Inspector, Engineer Tech, Survey Tech 1 74.00
4. Jr. Planner, CAD Tech, Sr. Office Tech, Inspector, Designer, Engineer Tech I,
Survey Tech II 92.00
5. Jr. Engineer, Designer 1, Inspector I, CAD Tech 1, GIS Tech, Planner,
Project Administrator, Survey Tech III 109.00
6, Engineer I, Planner 1, GIS Analyst I, Designer II, CAD Tech II, Inspector 11,
Sr. Project Administrator, Survey Tech IV 120.00
7. Engineer II, Planner II, GIS Analyst Il, Designer III, CAD Tech III, Inspector III,
Survey Tech V 132.00
8. Engineer III, Project Designer, Planner III, GIS Analyst III, Sr. CAD Tech,
Sr. Inspector, Senior Survey Tech 144.00
9. Sr. Engineer, Project Designer I, Sr. Planner, Project Surveyor, One -Person Crew,
Project CAD Tech, Sr. GIS Analyst, Sr. Project Inspector, BIM Manager, CAD Manager 158.00
10. Project Engineer, Project Designer II, Project Planner, Sr. Project Surveyor,
Sr. Project GIS Analyst, Structural Engineer, UAS Pilot 170.00
11. Sr. Project Engineer, Sr. Structural Engineer, Sr. Project Designer, IT Manager,
Sr. Project Planner, Survey Project Manager 180.00
12. Project Manager, Planning Project Manager, Principal Surveyor 190,00
13. Sr, Project Manager, Sr. Principal Surveyor, Two -Person Crew 205.00
14. Principal Engineer, Principal Planner, Sr. Two -Person Crew 222,00
15. Senior Principal Engineer, Senior Principal Planner 240.00
REIMBURS BLES
A. Subconsultants, Professional and Technical Cost+ 15%
B. Maps, reports, materials, permit fees, express delivery and messenger,
pass-through bills, and similar items necessary for work in progress Cost + 15%
C. Technology expenses associated with computers, software, electronic distance
measuring devices, telephone, cell phone, photo copies, standard survey supplies N / A
and transportation and standard postage will be invoiced as a Technology Charge
D. Out -of -Town travel per diem and cost of commercial transportation Cost + 10%
E. Transportation within 30 Mile Radius " No Charge
Transportation beyond 30 Mile Radius -Automobile 0.60 per mile
On job inspection mileage will be billed 0.60 per mile
F. Special Equipment/Software
Special Software for Modeling/Analysis 10/hour
Large Format Blueprints and Reproduction - Bond 0.50/sq foot
Large Format Blueprints and Reproduction - Mylar 1.50/sq foot
Color Copies - in-house (8%2 x 11) 0.251page
G. Expert Witness Rate x 1.5
Notes: I All payment is due within 30 days from date of invoice -
2 The foregoing schedule of charges Is incorporated into the agreement for the services provided effective January 1, 2021. After
December 31, 2021, invoices will reflect the schedule of charges in effect at that time.
PACE's rates include professional liability insurance coverage for claims up to $2 million. Clients can purchase additional
coverage for cast and upfront payment of 55,000 per additional $1 million of insurance up to a maximum of $5 million.
PACE Engineers, Inc.
11255 Kirkland Way, Suite 300
Kirkland. Washington 98033--3417
Rev. 12/412020 p 425.827.2014 1 r 425.827.5043
www.paceengrs.com