HomeMy WebLinkAboutMeier Engineering Inc - Design Services LID 149 to
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter
referred to as the "City", and Meier Engineering, Inc. hereinafter referred to as the
"Consultant".
WHEREAS, the City desires to engage the professional services and assistance of a consulting
firm to provide Design Services with respect to the LID 149, and Consultant has demonstrated
that it is highly qualified to perform these services.
NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and
between the parties hereto as follows:
1. Scope of work. The scope of work shall include all services and material necessary to
accomplish the above mentioned objectives in accordance with Exhibit A.
2. Ownership and use of documents.
A. The parties acknowledge that this Agreement shall be governed by RCW Chapter
42.56 and any other State or Federal law relating to confidentiality, intellectual
properties, and public disclosure. The parties shall make a good faith effort to
comply with such laws, and to the fullest extent allowed by law, comply with the
provisions of this section.
B. All research, tests, surveys, preliminary data and any and all other work product
prepared or gathered by the Consultant in preparation for the services rendered
shall not be considered public records,provided,however,that:
(1) All final reports, presentations and testimony prepared by Consultant shall
become the property of the City upon their presentation to and acceptance
by the City and shall at that date become public records.
(2) The City shall have the right, upon reasonable request, to inspect, review
and,subject to the approval of Consultant,copy any work product.
(3) In the event that Consultant shall default on this Agreement, or in the
event that this Agreement shall be terminated prior to its completion as
herein provided,the work product of Consultant, along with a summary of
work done 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
work done shall be prepared at no additional cost, if the Agreement is
terminated through default by Consultant. If the Agreement is terminated
through convenience by the City, the City agrees to pay Consultant for the
preparation of the summary of work done.
Meier Architecture-Engineering LID 149-Professional Services Agreement- 1
' all documents associated with work performed
(4) Consultant shall maintain P
under this Agreement for a minimum period of three (3) years after
completion of the work. This provision shall survive termination of this
Agreement.
(5) Consultant shall respond to requests by the City for records within five (5)
business days by either providing the records, or by identifying in writing
that additional time is necessary to provide the records with a description
of the reasons why additional time is needed. Records shall be provided to
the City within twenty (20) days of the date of the request. Provisions of
Section 5 in this Agreement shall specifically apply to any claim arising
out of Consultant's failure to properly maintain or timely produce records
as described herein and as otherwise required by law.
3. Payments. The Consultant shall be paid by the City for completed work for services
rendered under this Agreement as provided hereinafter. 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 work.
A. Payment for work accomplished under the terms of this Agreement shall be on a
lump sum basis as set forth on the fee schedule found in Exhibit A, provided, in
no event shall the payment for all work performed pursuant to this Agreement
exceed the sum of $19,300 without approval from the City.
B. All vouchers shall be submitted by the Consultant to the City for payment
pursuant to the terms of this Agreement. The City shall pay the appropriate
amount for each voucher to the Consultant. The Consultant may submit vouchers
to the City monthly during the progress of the work for payment of completed
phases of the project. Billings shall be reviewed in conjunction with the City's
warrant process.
C. The costs records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City for a period of three (3)
years after final payment. Copies shall be made available upon request.
4. Time of performance. The Consultant shall perform the work authorized by this
Agreement promptly and no later than June 8,2012.
5. Hold harmless agreement. In performing the work under this Agreement, the
Consultant agrees to defend the City, their officers, agents, servants and employees
(hereinafter individually and collectively referred to as "Indemnitees"), from all suits,
claims, demands, actions or proceedings, and to the extent permissible by law, indemnify
and hold harmless the Indemnitees from:
Meier Architecture-Engineering LID 149-Professional Services Agreement-2
A. All damages or liability of any character including in part costs, expenses and
attorney fees, based upon, any negligent act, error, or omission of Consultant or
any person or organization for whom the Consultant may be responsible, and
arising out of the performance of professional services under this Agreement; and
B. All liability, loss, damage, claims, demands, costs and expenses of whatsoever
nature, including in part, court costs and attorney fees, based upon, or alleged to
be based upon, any act, omission, or occurrence of the Consultant or any person
or organization for whom the Consultant may be responsible, arising out of, in
connection with, resulting from or caused by the performance or failure of
performance of any work or services under this Agreement, or from conditions
created by the Consultant performance or non-performance of said work or
service.
6. General and professional liability insurance. Consultant shall secure and maintain in
full force and effect during the performance of all work pursuant to this Agreement a
policy of comprehensive general liability insurance providing coverage of at least
$1,000,000 per occurrence and $2,000,000 aggregate for personal injury; $1,000,000 per
occurrence and $2,000,000 aggregate for property damage; errors and omissions
insurance in the amount of $1,000,000; and automobile insurance as required by law.
Each such insurance policy shall name the City as an additional insured and shall include
a provision prohibiting cancellation of said policies, except upon thirty (30) days written
notice to the City. The City shall be named as a certificate holder on each insurance
policy. Certificates of coverage shall be delivered to the City within fifteen (15) days of
execution of this Agreement.
7. Discrimination prohibited. Consultant shall not discriminate against any employee or
applicant for employment because of race, color, religion, age, sex, national origin or
physical handicap.
8. Consultant is an independent contractor. The parties intend that an independent
contractor relationship will be created by this Agreement. No agent, employee or
representative of the Consultant shall be deemed to be an agent, employee or
representative of the City for any purpose. Consultant shall be solely responsible for all
acts of its agents, employees, representatives and subcontractor during the performance
of this Agreement. Consultant shall make no claims for benefits for employment against
the City including, but not limited to, sick leave, medical insurance, coverage under the
City's State Department of Labor and Industries policy, vacation benefits, retirement, or
unemployment benefits. Consultant shall comply with all State and Federal laws
including,but not limited to,the requirements of RCW 50.04.0140 and RCW 51.08.195.
9. City approval. Notwithstanding the Consultant's status as an independent contractor,
results of the work performed pursuant to this Agreement must meet the approval of the
City.
Meier Architecture-Engineering LID 149-Professional Services Agreement-3
•
10. Termination. This being an Agreement for professional services, either party ma y
terminate this Agreement for any reason upon giving the other party written notice of
such termination no fewer than ten (10) days in advance of the effective date of said
termination.
11. Integration. The Agreement between the parties shall consist of this document and any
schedules or exhibits listed in this agreement and attached hereto. These writings
constitute the entire Agreement of the parties and shall not be amended except by a
writing executed by both parties. In the event of any conflict between this written
Agreement and any provision of Exhibit A,this Agreement shall control.
12. Non-waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
13. Non-assignable. The services to be provided by the Consultant shall not be assigned or
subcontracted without the express written consent of the City.
14. Covenant against contingent fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the
Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay
any company or person, other than a bona fide employee working solely for the
Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration contingent upon or resulting from the award of making of this Agreement.
For breach or violation of this warranty, the City shall have the right to annul this
Agreement without liability or, in its discretion to deduct from the Agreement price or
consideration, or otherwise recover,the full amount of such fee,commission,percentage,
brokerage fee, gift,or contingent fee.
15. General Provisions. For the purpose of this Agreement, time is of the essence. In the
event a dispute regarding the enforcement, breach, default or interpretation of this
Agreement, the parties 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, and the Mandatory
Arbitration Rules (MAR); venue shall be placed in Franklin County, Washington, the
laws of the State of'Washington shall apply; and the prevailing party shall be entitled to
its reasonable attorney fees and cost.
In the event any provision of this Agreement is deemed to be unenforceable, the other
provisions of the Agreement shall remain in full force and effect.
Meier Architecture-Engineering LID 149-Professional Services Agreement-4
16. Notices. Notices to the City of Pasco shall be sent to the following address:
City of Pasco
P.O.Box 293
Pasco,WA 99301
Notices to the Consultant shall be sent to the following address:
Paul Knutzen
Meier Architecture-Engineering,Inc.
8697 W. Gage Blvd.
Kennewick,WA 99336
Receipt of any notice shall be deemed effective three (3) days after deposit of written
notice in the U. S.mails,with proper postage and properly addressed.
DATED THIS \ DAY OF MI Y1 ,20
CITY 0 P 'CO CONSULTANT:
By: �>,- By: /''C —"L co r \��' Y►vAZP-61
Gary rutchfie �►�'' Manager Paul Knutzen
ATTEST:
Debbie Clark, City Clerk
APPROVED AS TO FORM:
Leland B.Kerr,City Attorney
Meier Architecture-Engineering LID 149-Professional Services Agreement-5
IITECTURE.ENEEERING
EXHIBIT "A"
CLIENT: City of Pasco
525 N. 3rd Avenue
Pasco, WA 99301
PROJECT: CITY OF PASCO LID 149 (KURTZMAN PARK PHASE 3)
PROJECT DESCRIPTION:
Meier Architecture • Engineering (Meier) is pleased to provide this proposal for the City of
Pasco's (Client) Local Improvement District (LID) 149, Kurtzman Park Phase 3. LID 149 is the
final phase in a multi-year effort to make road and utility improvements in the Kurtzman Park
neighborhood in east Pasco. Previous Projects include LID 146 and 148, widening streets,
adding new sidewalks, street lighting and storm drainage systems to the neighborhood streets. In
2011, sewer was added to the last areas of the neighborhood that did not have access to that
service. LID 149 will complete the road improvements to Hugo Avenue and the west side of
Cedar Avenue north of Alton Street and south of Lewis Street along with the north side of Alton
Street between Hugo Avenue and Cedar Avenue. Along with the street improvements, it is
typical for water meters to be installed at all lots and for any missing segments of the water
system to be completed.
ASSUMPTIONS:
In preparing this proposal, Meier has made the following assumptions based on its knowledge of
the LID process at the City of Pasco:
1. The Client has completed the Right of Way acquisition phase of the Project and has
sufficient right of way to proceed with construction.
2. The Client wishes to have the first advertisement for bids not later than June 3, 2012.
Meier can deliver completed plans and specifications not later than Friday, June 1, 2012
provided that the following tasks are completed by the Client. Delays in these tasks may
jeopardize the deadline.
A. This scope of work and contract are approved and executed by the Client not later
than end of day Tuesday May 15, 2012.
B. A topographic survey of the areas to be improved is received in AutoCAD format
by Meier not later than end of day Friday, May 18, 2012.
3. The Client will provide a sketch of the proposed LID boundary.
P12-0147,Rev. 2
Page 1 8697 Gage Boulevard I Kennewick, WA 99336
05/11/2012
P: 509.735.1589 I F: 509.783.5075
www.meierinc.com
4. The Client will provide a single point of contact via an Engineering Project Manager.
5. The Client will distribute bid documents and hold a bid opening for the Project.
6. The Client will process the award of the construction contract and perform its own
construction management and inspection.
7. The Client will process the construction close out documents and acceptance of the work.
8. The Client will provide surveying services for record drawings, if necessary. Meier can
assist with coordinating this effort for an additional fee.
9. The Client will use its staff to print and prepare contract bid packages.
10. The Client will be responsible for record keeping for use in the as-built drawings.
SCOPE:
Meier will provide the following services in association with this contract:
1. Prepare construction drawings and specifications. Specifications will be formatted based
on the Client's standard specifications. Construction Drawings and Specifications will be
provided to the Client in PDF format for review. Final construction drawings will be
provided on one (1) full-sized (22x34) paper copy and one (1) half-sized (11x17) paper
copy. AutoCAD plot files or PDF's of the final construction drawings can also be
provided if the Client requires them for reproduction. Once the contract is awarded,
Meier will provide five (5) full-sized (22x34) copies of the construction drawings that
include any revisions made during the bid phase.
2. Meier will provide an itemized cost estimate to the Client so the Client can assign the
funding source for each bid item. This information is critical in processing the final
assessment roll. As construction proceeds, if there are any changes to the bid items, the
Client should update the bid items and quantities assigned to each funding source for use
in creating the final assessment roll.
3. Meier will provide bid administrative services on a time and materials basis in order to
answer questions from bidders and create a necessary addenda.
4. Meier will provide construction administrative services on a time and materials basis in
order to assist the Client in processing change orders and making revisions as needed.
5. Meier will prepare record drawings for the Project based on notes received from the
Client's inspector, the Client's contractor and the Client's surveyor (if a survey is done).
Meier will provide one (1) full-sized Mylar copy and two (2) full-sized paper copies of
the record drawings, as well as an electronic copy in AutoCAD version 2012.
P12-0147
Page 2
05/11/2012
Global Excellence by Design
www.meierinc.com
All services not specifically outlined in the scope of work above shall be considered additional
services, and shall be subject to a commensurate adjustment to the agreed compensation, which
shall be determined by way of a written addendum, signed by the parties, prior to proceeding
with the additional work.
COMPENSATION:
Construction Drawings, Specifications and Estimate $17,500
Bid Administrative Service $ 115/hr
Construction Administrative Service $ 115/hr
Record Drawings $ 1,800
Total (excludes time and material items) $19,300
Meier will proceed with these services for the costs outlined above. Meier recognizes that if the
LID process fails or is stopped by the City Council, the contract for services will necessarily be
discontinued. Meier will bill the Client for services rendered to that point based on the
breakdown above, including any time and material costs. Invoices will be submitted monthly.
Agreement to provide services, as stated, is valid if approved within 30 days of date submitted.
Approvals beyond 30 days are subject to re-negotiation of scope and fee.
Thank you for the opportunity to submit this agreement. We look forward to working with you
on this Project. If the scope of work above does not adequately reflect your expectations, please
let us know. It is our goal to meet your needs and budget on this Project. If you have any other
questions,please feel free to contact the undersigned directly.
The return of a signed copy of this proposal will authorize us to proceed with this work.
APPROVED BY:
City of Pasco Meier Architecture • Engineering
1111110 9
Signature Signature
ay,
_ _
'rin Print
I 2-0 2-- 5 ill /12
Date Date
P12-0147
Page 3
05/11/2012 Global Excellence by Design
www meierinc.com