HomeMy WebLinkAboutBerger ABAM - PSA Capitol Avenue Sewer Lift StationORIGINAL
Wednesday, April 01.2015
PROFESSIONAL SERVICES AGREEMENT
Capitol Avenue Sewer Lift Station Project
THIS AGREEMENT is made and entered into between Paul H. Miller and Leah A.
Miller, Trustees under THE MILLER LIVING TRUST, hereinafter referred to as "Developer",
and BergerABAM, hereinafter referred to as "Consultant."
RECITALS
WHEREAS, the Developer 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 Developer 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").
2. Term. This Project shall begin on March 27, 2015, and promptly be completed by April
20, 2015.
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 Developer.
3.3 The Developer 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 Developer shall approve all invoices before
pmrR ;nnal Services i 2e Heol- "C^piV \ceaue Seiner Lift Sminr" page I
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payment is issued. Payment shall occur within thirty (30) days of receipt and
approval of an invoice.
3.4 The Developer shall pay the Consultant for all work performed and expenses
incurred under this Agreement, as follows.
❑ Hourly (Single Rate): $ per hour plus actual expenses
incurred as provided under this Agreement, but not to exceed a total of
$ without prior written authorization by the City; or
❑ Hourly (Multiple Rate): Such rates as identified on Exhibit _, plus
actual expenses incurred as provided under this Agreement, but not to
exceed a total of $ without the prior written authorization
by the City; or
® Fixed Sum: A total of $8,500.00; or
13. Other:
4. Reports and Inspections.
4.1 The Consultant at such times and in such forms as the Developer may require,
shall fiunish to the Developer such statements, records, studies, surveys, reports,
data, and information as the Developer 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
Developer 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
Developer, or its designated authorized representative to audit and inspect other
data relating to all matters covered by this Agreement. The Developer shall
receive a copy of all audit reports made by the agency or firm as to the
Consultant's activities. The Developer 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 perfdrmatice 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 Developer copies of these licenses,
registration documents, and permits or proof of their issuance or renewal.
4A Consultant shall maintain books, records and documents, which sufficiently and
properly reflect all direct and indirect costs related to the performance of this
Professional Services Aoresmem- "Canirol Avenue Sewer Lill SnOwf - Page 2
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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 Developer, 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
Developer, 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 Developer. 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 Developer 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 Developer, 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 Developer, the Developer agrees to pay
Consultant for the preparation of the summary of services provided.
Pmfevional SlrieE Agreement-"Cani.ai AvgnUe Sew.- Li'; S-su,n Paee3
Wednesday, :\pril ill. `U'
Independent Contractor Relationship.
7.1 The parties intend that an independent contractor relationship is created by this
Agreement. The Developer 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 Developer
for any purpose, and the employees of the Consultant are not entitled to any of the
benefits or privileges the Developer 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 Developer and shall be subject to the Developer'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 Developer may, at its sole discretion, require the Consultant to remove any
employee, agent or servant from employment on this Project who, in the
Developer's sole discretion, may be detrimental to the Developer's interest.
Professional SeMcn Agmement. "Cnoiml Ayanna Sewer Lift Statiun" Page 4
WedTinday, April 01.2015
8. Indemnification.
8.1 The Consultant shall defend, indemnify, and hold harmless the Developer, its
officers, officials, agents, employees, and volunteers from any and all claims and
causes of action, including, but not limited to, actions of law or administrative
proceedings for all injuries to persons or damages to property, and all losses,
damages, demands, suits, judgments, including attorney fees, arising out of, or as
a result of, or in connection with the work performed under this Agreement, and
caused or occasioned in whole or in part by reason of errors, negligent acts or
omissions of the Consultant or its subcontractors in the performance of this
Agreement, except for injuries and damages caused by the sole negligence of the
Developer, 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 Developer, 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 Developer 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. i'ne 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
Prd,e ioml Sareicei Agreen:ert- "Crmirel ,accrue Se ver Lift Siadon p,ae 5
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 Developer shall be. named as an insured under the
Consultant's Commercial General Liability insurance policy with respect
to the work performed for the Developer.
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:
❑ $1,000,000 each occurrence;
❑ $2,000,000 general aggregate; or
® $1,000,000 each occurrence; and $2,000,000 general aggregate
9.2.3 Professional Liability insurance shall be written with limits no less than:
® $1,000,000 per claim;
❑ $1,000,000 policy aggregate limit; or
❑ $ per claim; and $ per policy aggregate limit
9.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed
to contain, the following provisions for Automobile Liability, Professional
Liability, and Commercial General Liability insurance:
9.3.1 The Consultant's insurance coverage shall be primary insurance as
respects the Developer. Any insurance; self-insurance, or insurance pool
coverage maintained by the Developer 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
Professional Savices Aereement- "Capitol .avenue Sewer Lift Starion" - Pe;c 6
Wednesday, Apr101, 2015
notice by certified mail, return receipt requested, has been given to the
Developer.
9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A:VII.
9.5 Verification of Coverage. Consultant shall furnish the Developer with original
certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of the Consultant before commencement of the work.
10. Nondiscrimination. In the performance of this Agreement, the Consultant will not
discriminate against any employee or applicant for employment on the grounds of race,
creed, color, national origin, sex, marital status, age or the presence of any sensory,
mental or physical handicap; provided that the prohibition against discrimination in
employment because of handicap shall not apply if the particular disability prevents the
proper performance of the particular worker involved. The Consultant shall ensure that
applicants are employed, and that employees are treated during employment in the
performance of this Agreement without discrimination because of their race, creed, color,
national origin, sex, marital status, age or the presence of any sensory, mental or physical
handicap. Consultant shall take such action with respect to this Agreement as may be
required to ensure full compliance with local, State and Federal laws prohibiting
discrimination in employment.
11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed
nor retained any company, firm, or person, other than a bona fide employee working
exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid
or agreed to pay any company, person or firm, other than a bona fide employee working
exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the Developer shall have the right
to terminate this Agreement.
12. Assignment and Subcontracting.
12.1 The Developer 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 Developer, 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 Seeti,... ` Publie o,.car Section 10,
Nondiscrimination; proper bidding procedures where applicable; and all local,
State and Federal statutes, ordinances and guidelines.
?rd,sionsl SaNi .4_remien:-'Cleilol Avenue Sewer Lift S[a mi Paye
Weduesda}. April 01.:116
12.3 Any technical or professional service subcontract not listed in this Agreement,
must have prior written approval by the Developer.
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 Developer may terminate this
Agreement for cause. Termination shall be effected by serving a notice of
termination on the Consultant setting forth the manner in which the Consultant is
in default. The Consultant will only be paid for services and expenses complying
with the terms of this Agreement, incurred prior to termination.
14. General Provisions.
14.1 For the purpose of this Agreement, time is of the essence.
14.2 Notice. Notice provided for in this Agreement shall be sent by:
14.2.1 Personal service upon the Project Administrators,
14.2.2 Certified mail to the physical address of the parties, or by electronic
transmission to the e-mail addresses designated for the parties below.
14.3 The Project Administrator for the purpose of this Agreement shall be:
14.3.1 For the Cid Charles Laird, Project Manager
Tippett Company
Cat P.O. Box 3027
Pasco WA 99302
charles@tippettcompany.eom
14.3.2 For the Consultant: Matt Huxley, Project Manager
700 NE Multnomah Street, Suite 900
Portland OR 97232-4189
Matt.huxley@abam.com
Professional Services AgreemeuM"Cnniml Avenue Sewer Lill Siaiion- I'm $
.4'ednesday. April 01, 2015
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 attomey fees and costs as additional award and judgment against
the other.
16. Nonwaiver. Waiver by the Developer of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
similar event or other provision of this Agreement.
17. Integration. This Agreement.between the parties consists in its entirety of this document
and any exhibits, schedules or attachments verified by initials as a part of Exhibit A. Any
modification of this Agreement or change order affecting this Agreement shall be in
writing and signed by both parties.
18. Authorization. By signature below, each parry warrants that they are authorized and
empowered to execute this Agreement binding the Developer and the Consultant
respectively.
i
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
DEVELOPER
Paul Miller, Trustee
CONTSITL 1 AN T/�
Thomas R Wilcox, Vice President
City of Pasco
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EXHIBIT A: To that Professional Services Agreement between Paul H. Miller and Leah A.
Miller, Trustees under THE MILLER LIVING TRUST and BergerABAM dated March
27, 2015.
Scone of Work:
See Attached Phase I Scone Letter from Sam Adams to Charles Laird dated March 30,
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DEVETPER
Paul -Miller, Tmstee
APPROVED BY:
Ahma Qayo orks Dire r
City of Pasco
Wednesday, April 01,'_015
CONSULTANT
omas R. Wilcox, Vice President
Processional SMit Agreemen.- "Caoiml Avenue S.. w Lift Sratiarr Pie 13
BergerABAM
March 30, 2015
Mr. Charles Laird
Tippett Company
PO Box 3027
Pasco, WA 99302
270 E=si 13th 98660.3231
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Subject Phase I Capitol Avenue Pump Station Analysis
Dear Mr, Laird,
BergerABAM is pleased to submit our scope and fee for the Phase I pump station analysis for
the Genesis Business Park owned by Miller Trust. Our project understanding follows, along
with a breakdown of tasks to be completed for Phase I.
Project Understanding
The City of Pasco (City) has partnered with the Miller Family Trust (Developer) to design and
construct a new sanitary sewer pump station near. the intersection of Capitol Highway and
Hillsboro Avenue in Pasco. Initially, this pump station will serve a portion of the Genesis
Business Park which is owned by the Developer and is situated east of Highway 395 and north
of Hillsboro Street. The service area eventually will encompass a 730 -acre portion of the City's
King City Industrial Subarea. Zoning within the service area includes Light Industrial and
General Business. Existing land use within the service area is mostly farmland with some light
industrial and agri-businesses situated along the Highway 395 corridor. The business park will
be developed for light industrial and general business use in two phases. Phase 1 will sell four
tracts at the west side of the park totaling approximately 35 acres. Phase 2 will sell the
remaining acreage within the business park. Businesses locating to the park during Phase 1 are
expected to mirror existing neighboring commercial development, with the addition of a truck
stop and retail outlet.
Phase 1 development will increase the volume of sanitary sewage that is generated by the park
and conveyed to an existing City -owned sewer trunk line in Commercial Avenue. Because of
the location and topography of the site, a new pump station will be required to convey this
increased volume to the City -owned line. The cost to design and construct the pump station will
be shared by the City and Developer with sole ownership and operational responsibilities
transferred to the City's Public Works Department. The new pump station will be situated
within a 60 -foot -long by 60 -foot -wide parcel fronting the west side of Capitol Avenue. The City
owns and operates a small pump station across the street from the proposed pump station. The
existing small pump station is connected to the City's sanitary collection system via a flinch
Mr. Charles Laird
March 30, 2015
Page 2
force main that is routed south along Capitol Avenue and then west along E Hillsboro Street to
the trunk line in Commercial Avenue.
Like the new business park, the design and construction of the new Capitol Avenue pump
station will be phased and expanded to meet further development as needed. The initial phase
will size the pump station to support Phase 1 of the business park. However, the pump station
will be designed so that it can be expanded easily as required by further development in the
service area. The Developer intends to have the pump station completed and brought into
operation by April 2016.
Project Approach -Phase II
The goal of Phase 1 (to be completed by April 20, 2015) is to provide enough information for the
Developer to determine if the construction of a new pump station can be economically justified
at this time. Por that purpose, this phase will focus on developing design criteria, including
short-term flow,projections, developing a preliminary design, estimating preliminary
construction costs, and determining the viability of the existing pump station and force mains
for the initial business park development. This phase will be broken out into the following
tasks.
Task 1.1 KiekoffMeeting
The project will begin with a kickoff meeting between the key design team members,
Developer, and the City. The main intent of the meeting will be to clarify the scope of work,
verify the client's expectations, fine-tune project timelines, establish design standards, and
discuss the initial plans for developing the Genesis Business Park. This information will be used
to help establish the initial basis of design. The meeting will be held by teleconference.
Task 1.2 Establish Design Standards
Governing design standards will be established at the kickoff meeting. The recently completed
Commercial Avenue/Kahlotus Highway lift station will be used as a design template for the
new Capitol Avenue pump station. However, City standards and specifications will be the
governing standards. The guidelines set forth in the Washington Department of Ecology
(Ecology) "Criteria for Sewage Works Design" (Orange Book) will be consulted and, where they
apply, used to supplement the City's standards.
Task 1.3 Existing Information Review
This task will review available existing information pertaining to the project. This will include
"as -constructed" drawings and specifications for the Hillsboro Avenue force main and
Commercial Avenue/Kahlotus Highway lift station, the survey conducted by Stratton
Surveying & Mapping for the Capitol Avenue pump station site, and the City's general sewer
plan (GSP) for servet maps, existing flow data, and growth projections in the larger service area.
Mr. Charles Laird
March 30, 2015
Page 3
The team will also review any information available from the Developer concerning the
proposed initial development at the business park. A general records research will be
conducted to obtain any additional survey, geotechnical, and environmental records that may
exist about the site or the vicinity of the pump station.
Task 1.4 Utility Coordination
The design team will coordinate with local utility companies to identify any utilities that may be
affected by the project. The teams electrical engineer, R&W Engineering, will contact the
Franklin Public Utilities District to gauge the reliability of the electrical grid in the area and
make a recommendation on the need for a dedicated standby generator at the new pump
station.
Task 1.5 Develop Design Criteria
This task will estimate sewer flows for both the short-term development and for the ultimate
build -out scenario within the full service area. Short-term flow projections will be estimated for
the types and sizes of the businesses that are expected to be established during Phase 1
development. The design team will coordinate with the Developer to obtain this information.
Sanitary flow rates will then be estimated using water records and sewer flow data from similar
types of businesses within the area. This information will be supplementedmith unit flow rates
obtained from the City's GSP and Orange Book for comparable zoning and land uses. This data
will also be the primary sources of information for estimating ultimate flows from the larger
service area. The GSP and Orange Book will also be used to estimate rainfall -derived infiltration
and inflow (W) and peaking factors for sizing pumping equipment.
Task 1.6 Preliminary Design
Preliminary design drawings, considered a 15 percent level of completion, will be completed for
the new pump station. At a n-dnimum, the drawings will include a civil site plan, pump station
layout drawing.
Task 1.7 Preliminary Construction Cost
A preliminary engineer's estimate of the cost of construction will be made for the preliminary
design presented in the previous subtask.
Task 1.8 Technical Memorandum
The design criteria, existing facility evaluation, and preliminary construction costs will be
summarized in a technical memorandum. The memorandum will describe the recommended
approach for phasing the design and construction of a new pump station in conjunction with
the phased development of the business park, and refine the scope of work for the new pump
station
Mr. Charles Laird
March 30, 2015
Page 4
Assumptions
a The City of Pasco will act as the point of contact for sewer design standards.
■ One round of review comments on Draft Phase I Pump Station Analysis Memorandum
Deliverables
■ Draft Phase I Pump Station Analysis Memorandum
■ Final Phase I Pump Station Analysis Memorandum
PROJECT SCHEDULE
The anticipated date of completion for the services described above is April 20, 2015 from
receipt of the notice to proceed.
PROJECT FEE
The estimated task breakdown of the "not to exceed" amount is $8,500.
Thank you for the opportunity to provide this proposal and we look forward to working with
you. If you have any questions or comments about this proposal, please call me at (360) 823-
6126 or a -mail me at Sam.AdamsOabam com.
Sincerely,
Sam Adams, PE
Project Manager
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