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HomeMy WebLinkAboutShannon & Wilson - Animal Shelter Geotechnical Services 18004 (Agreement No. 23-010) PROFESSIONAL SERVICES AGREEMENT Animal Shelter Geotechnical Services During Construction Agreement No. 23-010 THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as "City", and Shannon& Wilson, Inc.,hereinafter referred to as "Consultant,"on the �7'� day of f'v11�(�C , 2023. 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 andJor tasks as set forth in this Agreement upon which the City is relying. WHEREAS,the City has,consistent with RCW 39.80,published an announcement related to its need for Architectural and Engineering services,evaluated Consultant's current performance data, and has determined that Consultant is the most highly qualified firm to perform the Architectural and Engineering services related to the Tri-City Animal Control Facility (Animal Shelter)project; and WHEREAS,the City's Public Works Director finds that the Agreement with Consultant is both fair and reasonable in light of the duties to be performed,the Consultant's performance data, and the nature and complexity of the project. 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"). 2. Term. This Project shall begin on the execution date listed above and promptly be completed by 12/31/2023. 3. Compensation and Par-ment. 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 Professional Services Agreement—Shannon&Wilson,Inc. Agreement No.23-010 Animal Shelter Geotechnical Services During Construction Page 1 of 9 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. 33 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 thirry (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): $2,400.00 per day for fifteen (15) days plus rates as identified on Exhibit A,plus actual expenses incurred as provided under this Agreement, but not to exceed a total of$50,000.00 without the prior written authorization by the City. 4. Renorts 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. Professional Services Agreement—Shannon&Wilson,Inc. Agreement No.23-010 Animal Shelter Geotechnical Services During Construction Page 2 of 9 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. 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 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. Professional Services Agreement—Shannon&Wilson,Inc. Agreement No.23-010 Animal Shelter Geotechnical Services During Construction Page 3 of 9 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, provide Consultant at least ten(10)business days prior written notice ofthe 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. Indenendent Contractor Relationshi_. 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. Professional Services Agreement—Shannon&Wilson,Inc. Agreement No.23-010 Animal Shelter Geotechnical Services During Construction Page 4 of 9 8. Indemni�cation. 8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, to the extent arising out of or resulting from the negligent or wrongful acts,errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the negligence of the City. 8.2 However, 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, including the duty and cost to defend,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 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. 8.3 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.4 This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant's delayed or failed performance of Section 6 above. 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. The 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. 9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types and coverage described below: 9.1.1 Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 Ol. 9.1.2 Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 O1 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 Professional Services Agreement—Shannon&Wilson,Inc. Agreement No.23-010 Animal Shelter Geotechnical Services During Construction Page 5 of 9 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 fortn CG 20 26. 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: � $2,000,000 each occurrence; and � $2,000,000 general aggregate; 9.23 Professional Liability insurance shall be written with limits no less than: � $2,000,000 per claim; and � $2,000,000 policy aggregate limit; 9.3 Other Insurance Provision. The Consultant's Automobile Liability, Professional Liability, and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 9.3.1 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 Acceptabilit�° 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 Agreement before commencement of the work. Professional Services Agreement—Shannon&Wilson,Inc. Agreement No.23-010 Animal Shelter Geotechnical Services During Construction Page 6 of 9 9.6 Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation within two (2) business days of their receipt of such notice. 9.7 Citv Full Availabilit�r 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 Agreement 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 (5) business days notice to the Consultant to correct the breach, immediately terminate the Agreement 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 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 A�ainst Contin�ent 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. AssiQnment and Subcontractin�. 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 Professional Services Agreement—Shannon&Wilson,Inc. Agreement No.23-010 Animal Shelter Geotechnical Services During Construction Page 7 of 9 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. 123 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. 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: For the Citv: For the Consultant: Ryan Mahaffey, or designee Clint A. Wilson, P.E., or designee Project Manager Senior Associate 525 North 3rd 2705 St Andrews Loop, Suite A PO Box 293 Pasco, WA 99301 Pasco WA 99301 caw�ci.shanwiLcom Mahaffe��R�'cr�asco-wa.s�ov Professional Services Agreement—Shannon&Wilson,Inc. Agreement No.23-010 Animal Shelter Geotechnical Services During Construction Page 8 of 9 15. Disnute 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 RC W 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. 17. Inte�6,ration. This Agreement between the parties consists in its entirety of this document and any e�ibits,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 OF PASCO,WASHINGTON CONSULTANT c � � N. Zach R• kai—Administrative& C mt A. Wilson, P.E.—Senior Associate Community Services Director ATTEST: APPROVED AS TO FORM: -�J��� _ ��„`� Debra C. Barham, City Clerk Kerr Fer aw, PLLC, City Attorney Professional Services Agreement—Shannon&Wilson,Inc. Agreement No.23-010 Animal Shelter Geotechnical Services During Construction Page 9 of 9 =111 �YE��!vrvor�R�Ew� ���oN February 22,2023 Mr.Ryan Mahaffey City of Pasco 525 N 31d Avenue Pasco,WA 99301 RE: PROPC�75AL fC�K C.�EUitC:hNiC;A�C:UNS3Kuc..i�'vrv rhAat ��►�vt�..�� {h�v. uJ; NEW ANIMAL SHELTER, f'ASCO, WASHINGTQN Dear Mr.Mahaffey; Shannon&Wilson is pleased to present this proposal for geotechnical construc�on observation services for the new anunal shelter in Pasco,Washington. BACKGROI�ND The City of Pasco plans to construct a new Animal Shelter at a site about 200 feet east of the existing facility at 1312 S.18�Avenue. The new site is bordered by W.Washington Street on the north and east,an approximately 415-foot-wide(north-south)stormwater retention pond on the south,and S.18�Avenue on the east. A Ievee separates the stormwater retention pond from the Columbia River. Shannon&Wilson prepared a geotechnical engineering report(GER)for the project dated January 19,2022. The development consists of: ■ A one-story,hybrid pre-engineered metal building(PEMB); ■ Parking areas on the building east and west sides;and ■ Raising the site grade about 2 feet with import fiil. We understand the earthwork contractor(Big D's Construction)began site stripping and grubbing activities in early February 2023. The contractor also completed a few test pits through the surficial loose soils and exposed relatively shallow groundwater,consistent with findings documented in the GER. At your request,we attended a site meeting on February 9,2023. The earthwork contractor expressed concerns obtaining a firm and unyielding subgrade prior to additional site fill placement. We understand the earthwork contractor proposes the following to obtain a firm and rxnyielding fill pad for building construction. Project No_-10497SOOS.P CoP Animal Shelfer.obsE%r0,docm_ .—..—'-------�----—...—.—'— ----------'— --- . 2705 Saint Andrews Loop ■ Suite A ■ Pasco, Washington 99301-3378 ■ 509 543-2860 Mr. Ryan Mahaffey ����SHqNNON�V1/iLSON City of Pasco February 22,2023 Page 2 of 5 ■ Excavate the remaining loose soils to the sands and gravels below,likely below the current groundwater surface elevation. ■ Piace quarry spalls or similar import materials in about 6-to 8-inch-thick lifts to about 12 inches above the current groundwater elevation. Each quarry spall lift should be pushed with heavy equipment(e.g.,excavator bucket lifting the front end of the excavator off the ground,drum roller compactor[no vibration]with wide cleats,or similar)into the underlying sands and gravels and then place additional quarry spall lifts until a firm and unyielding base is achieved for subsequent lifts. ■ Place a geotechnical separation fabric over the final quarry spall lift in preparation for more structural fill placement in accordance with the GER. PR�'PC,�SEI� SCQPE C�F S�RVl�ES At your request,Shannon&Wilson proposes to observe the quarry spall and structural fill placement,subsequent foundaiion subgrades,pavement subgrade,and other geotechnical- related construction items. Construction Ok�servafion Shannon&Wilson will provide fizll-and part-time observation of project earthwork. We anticipate our field representative will be onsite during over-excavation of the loose surficial soils,quarry spall and structural fill pad placement and compaction,foundation subgrade preparation, and base rock placement to: ■ identify and document subgrade conditions and materials; ■ review density test results(if performed by others); ■ provide field recommendations, as needed;arid � document geotechnically-related construction conditions,equipment,methods,and procedures. We anticipate our field representative will be onsite full-time to observe and document quarry spall and structural fill pad placement and compaction. We anticipate part-time observations may be sufficient to observe foundation and pavement subgrades. Shannon&Wilson will inform the City of our observations and findings in the field. Our field representaiive will prepare a Daily Field Activity Report(DFAR),including observations, ackions,test results,and other geotechnically-related information. We will provide a DFAR copy to the City within two(2)business days. While at the project site,our field representative will advise the Contractor of our observations and opinions. Recommendations that may affect the contract costs will be ioas�s-oos.P coP A��m6i sr,ei�er.obspro.ro.ao�m 104975-005.P Mr. Ryan Mahaffey ����$HANNON�WILSON City of Pasco February 22,2023 Page 3 of 5 made to the City site representative(s). Our field representative will not instruct or direct the Contractor,as his direction should be received from City or others responsible for contract administration. We will contact the City representative(s) directly if immediate action needs to be taken. Our duties do not include a review of,or responsibility for,the adequacy of safety measures at or neaz the project site. We understand the Contractor has engaged a material testing firm to material gradaiion and density testing. Our representative will review those test results. In addiiion to our field representative,office supervision is required. In this regard,the Shannon&Wilson project manager will supervise ouT field representative, review DFARs, and provide the additional consulting services,as necessary,such as: ■ Responding to Requests for Information and submittals. ■ Making special site visits to review unusual or unanticipated conditions. ■ Providing geotechnical engineering evaluations and recommendations for subsurface conditions differing from those encountered in the site explorations ad described in our report. ■ Attending site meetings, as necessary. E Providing other services, as necessary. Mr.Clint Wilson,PE,will be the project manager. Shannon&Wilson is prepared to begin full-time observation services on or about February 27,2023. We anticipate future site preparatory earthwork may necessitate part- time observation,on-call basis. At least 24-hour advance notice is requested for provision of our on-call services. . ,��, , �.�, ��. ,. ��d������:"��..,�.:"�<°s We used the following assumptions in preparing this proposal. ■ One Shannon&Wilson field representative will be present at the site for construction observation purposes for the scoped activities. ■ Total building pad overexcavation and replacernent construction durations are 15 workdays. 10A97S005.P CoP Animal Shelier.obspro.ro.ao�m 104975-005.P Mr. Ryan Mahaffey ����$�IA(1INONF��IL��ON City of Pasco February 22,2023 Page 4 of 5 ■ Part-time observations will be adequate for foundation and pavement subgrade observations. ■ Construction work will occur during the day,during the work week. o�s��r�ed �aily ar�d 1r�eekl� ��f�ar# ■ Full-time construction observation efforts: maximum 11.0 hours per day total,including 8.5 hours per day on site,0.5-hour round-trip travel, and 1.5-hour per day report preparation and photograph archiving. ■ Project Management(communication of consiruction progress,observed soil condi�ions, ,and keeping design team current on progress,etc.) 1.5 hours per day,per field staff. ■ Two hours per week for oversight of our services by senior staff. ■ Attendance by Project Manager at up to 4 meetings during construction. Includes travel time and brief site visit. Services Pr�vided by Oth�r� We have excluded the following services and assume they will be provided by others: ■ Review of or responsibilify for the adequacy of safety rneasures at or neaz the project site. ■ Review of or responsibility for the adequacy of the methods the Contractor employs to comply with laws,permits, agency regulations,or other obligations related to performing construction at the project site. ■ Permits necessary to conduct site work will be obtained by others and that necessary compliance monitoring associated with those permits is not included in our scope. ■ Survey support,including overexcavation,quarry spall,and structural fill placement depths/elevations. ■ Structural materials special inspection,including concrete testing(e.g.,slump, compressive strength,etc.)and steel inspection. ■ Any environmental assessment or evaluation regarding the presence or absence of hazardous or toxic materials in the soil,surface water,groundwater, or air at the site. ■ Environmental permit compliance monitoring,including monitoring of site temporary erosion and sediment control measures. ■ Installation,monitoring,and reporting of all geotechnical instrumentation,including vibrafion monitoring. -- ---- 10a975-0OS.P CoP Animal Shelter.obsp�o.ro.docm 104975-005.P Mr. Ryan Mahaffey ������N�yWyiLSpN City of Pasco February 22,2023 Page 5 of 5 ��S� QF SERVICE� Shannon&Wilson is prepared to undertake the full-time construction observation on a daily fee basis in accordance with a mutually-negotiated agreement. Our fee for each field visit during subgrade overexcavation and replacement will be$2,4�0. �Ne will undertake part-fime construction observation on an hourly basis in accordance with the enclosed rates. Material testing services, additional training,project management,and consulting services,if requested,will be billed in accordance with the enclosed rates. Oux efforts required to observe the construction are not directly under our control. Acival required efforts are determined by the contractor's progress rate,weather,unforeseen difficulties,exposed soil and groundwater conditions,and other factors. Our actual fees will be based on specific personnel time and expense needed to properly observe the construction per the attached unit price list and Standard General Terms and Conditions. ��asuR� We have prepared the enclosure, "Important Informaiion About Your Geotechnical Proposal,"to assist you and othexs in understanding the use and limitations of our proposal. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Please contact me(509-543-2866)should you have questions regarding this proposal. Sincerely, i- Clinton A.Wilson,PE Senior Associate CAW:WJP/caw Enc. 2023 Fee Schedule for Professional Sexvices Important Information about Your Geotechnical Proposal 104975-005.�CoP Animal Shel;er.obspro.ro.ao�m ^ J � � � 104975-005.P �lIISHANNON�WILSON 2023 FEE SCHEDULE - TRI-CITIES OFFICE Fees for Professional Services Officers/Associates � Senior Vice President...................................................................................................$300.00/hr. VicePxesident................................................................................................................$285.00/hr. SeniorAssociate............................................................................................................$245.00/hr. Associate........................................................................................................................$225.00/hr. Engineering/Geology/Hydrology/Environmental Senior Professional III..................................................................................................�200.00/hr. Senior Professional II....................................................................................................$185.00/hr. SeniorProfessional I.....................................................................................................$165.00/hr. ProfessionalIV..............................................................................................................$150.00/hr. ProfessionalIII...........................................••••...............................................................$130.00/hr. ProfessionalII................................................................................................................$120.00/hr. ProfessionalI............................................................................•••..................................$110.00/hr. Field and Lab Technician/DrafterlTechnical Assistant Regular Overtime Technical Services(Senior,IV).............................................$150.00/hr....................$190.00/hr. Technical Services(III,II,I)..................................................$110.00/hr....................$140.00/hr. Administrative Regular Overtime Office Services(Seniox,IV)...................................................$145.00/hr....................$180.00/hr. Office Services(III,II,I)........................................................$110.00/hr....................$140.00/hr. Special Services SeniorConsultant...........................................................................................................as quoted Consultant........................................................................................................................as quoted ComputerAnalyst........................................................................................................$245.00/hr. Instrumentation Specialist...........................................................................................$170.00/hr. Information Resources Specialist............... $155.00/hr. ................................................................. ExperE Testimony Hourly rates will be doubled for tune spent actually providing expert testimony in court or depositions. Reimbursable Expenses Expenses other than salary costs that are directiy attributable to our professional services will be invoiced at our cost plus 15%. Examples include,but are not limited to,expenses for subconsultants and subcontractors,out-of- town travel and living,information processing equipment,instrurnentation and field equipment rental,special fees and permits,premiums for additional or special insurance where required,telecommunication charges,local mileage and parking,use of rental vehicles,taxi,reproduction,local and out-of-town delivery service,express mail,photographs,laboratory equipment fees,shipping charges,and supplies. These rates are for services pxovided for the current fiscal year(F1�. At the end of each FY(December 31),rates will be adjusted for the next FY and invoiced accordingly. .�IIISHAMf�N�,WILSON lmpo��a�t In�orrr�atic�n About Yaur Geotechnical Probosa! More construction problems are caused by site subsurface conditions than any other factor. The following suggestions and observations are offered to help you manage your risks. HAVE REALISTiC EXPECTAT����. If you have never before dealt with geotechnical or environmental issues,you should recognize that site exploration identifies actual subsurface conditions at those points where samples are taken, at the iime they are taken. The data derived are extrapolated by the consultant,who then applies judgment to render an opinion about overall subsurface conditions;their reaction to construction activity;appropriate design of foundations,slopes, impoundments,and recovery wells;and other construction and/or remediation elements. Even under optimal circuinstances,actual conditions may differ from those inferred to exist, because no consultant,no matter how qualified,and no subsurface program,no matter how comprehensive,can reveal what is hidden by earth,rock, and time. �7�V��C7P THE SUBSURFACE EXPLtJRATiQt� PLAN WfTH CA�E, T'he nature of subsurface explorations—the types,quantities,and locations of procedures used—in large measure determines the effectiveness of the geotechnical/environxnental report and the design based upon it. The more comprehensive a subsurface exploration and testing program,the more inforxnation it provides to the consultant,helping to reduce the risk of unanticipated conditions and the attendant risk of costly delays and disputes. Even the cost of subsurface consiruction may be lowered. Developing a proper subsurface exploration plan is a basic element of geotechnical/environmental design that should be accomplished jointly by the consultant and the client(or designated professional representatives). This helps the parties involved recognize mutual concerns and makes the client aware of the technical options available. Clients who develop a subsurface exploration plan without the involvement and concurrence of a consultant may be required to assume responsibility and liability for the plan's adequacy. ��,`;�� �;'�N�:RA� GONDI�IONS GAREFULLY. Most consultants include standard general contract conditions in theix proposals. One of the general conditions most commonly employed is to limit the consulting firm's liability. Known as a"risk allocaiion"or"limitation of liability,"this approach helps prevent problems at the beginning and establishes a fair and reasonable framework for handling them should they arise. --- -------�--------- --_.—.._�. ----- ----- 104975-005.P �IIISHANNON�WILSON Various other elements of general conditions delineate your consultant's responsibilities. These are used to help eliminate confusion and misunderstandings,thereby helping all parties recognize who is responsible for different tasks. In all cases,read your consultan�s general conditions carefully and ask any questions you may have. ;Gr ��,at : �' ��J����. V'VfTf-� C> �� � � Costly problems can occur when other design professionals develop their plans based on misinterpretations of a consultant's report. To help avoid misinterpretations,retain your consultant to work with other project design professionals who are affected by the geotechnical/environmental report. This allows a consultant to explain repoxt implications to design professionals affected by them,and to review their plans and specifications so that issues can be dealt with adequately. Although some other design professionals may be familiar with geotechnical/environmental concerns,none knows as much about them as a competent consultant. L�BTfoll� CONST����TiON MONITORIt�� SERVEC�S. Most experienced clients also retain their consultant to serve during the construction phase of their projects. Involvement during the construction phase is particularly important because this permits the consultant to be on hand quickly to evaluate unanticipated conditions,conduct additional tests if required,and when necessary,recommend alternative solutions to problems. The consultant can also monitor the geotechnical/environxnental work performed by contractors. It is essential to recognize that the construction recommendations included in a report are preliminary,because they must be based on the assumption that conditions revealed through selective exploratory sampling are indicative of actual conditions throughout a site. Because actual subsurface conditions can be discerned only during earthwork and/or drilling, design consultants need to observe those conditions in order to provide their recommendations. Only the consultant who prepares the report is fully familiar with the background information needed to determine whether or not the report's recommendations are valid. T'he consultant submitting the report cannot assume responsibility or liability for the adequacy of preliminary recommendations if another party is retained to observe construction. 1'Vi�/'lI..ILL u V ,, l➢ i..l `i r ul^-L✓i ��utL_� . i/ e_L.. �v..�v:�.l i a., , e � ^ .. � i ., � • ._ ..�._.� .. ADDRESSED. If you have requested only a geotechnical engineering proposal,it will not include services needed to evaluate the likelihood of contamination by hazardous materials or other pollutants. Given the liabilities involved,it is prudent practice to always have a site _—_-----._------------ -- -- ----- ------- --- 104975-005.P =111SHANNON�WILSON reviewed from an environmental viewpoint. A consultant cannot be responsible for failing to detect contantinants when the services needed to perform that function are not being provided. Gf�lE flF TN� ���IG�T�U�� OF YO�R Ci��S�.lL`i;�NT I� TO �f��T��� THE S��ET`t, PR��E�TY, AND WELFARE OF THE PUBLfC. A geotechnical/environxnental investigation will sometimes disclose the existence of conditions that may endanger the safety,health,property,or welfare of the public. Your consultant may be obligated under rules of professional conduct,or statutory or common law,to notify you and others of these conditions. Your consulting firm is familiar with several techniques and approaches that can be used to help reduce risk exposure for all parties to a construction project,from design through construction. Ask your consultant,not only about geotechnical and environmental issues, but others as well,to learn about approaches that may be of genuine benefit. The preceding paragraphs are based on information provided by the ASFE/Association of Engineering Firms Practicing in the Geosciences,Silver Spring,Maryland 104975-005.P