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HomeMy WebLinkAboutJUB - PSA Wastewater Treatment Plant Roof Railing C7-SE-1A-15-40ORIGINAL PROFESSIONAL SERVICES AGREEMENT Wastewater Treatment Plant Roof Railing Project #C7 -SE -1A-15-40 THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as "City", and JUB Engineers, Inc., hereinafter referred to as "Consultant." RECITALS WHEREAS, the City desires to have certain services and/or tasks performed as set forth below requiring specialized skills, training, equipment, and other supportive capabilities; and WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills, experience, equipment, and necessary capabilities, including: technical and professional expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon which the City is relying. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: 1. Scone of Services. The Consultant shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as identified and designated as Consultant's Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in Exhibit A, attached hereto and incorporated herein (the "Project"). 2. Term. This Project shall begin on August 17, 2015, and promptly be completed in accordance with the schedule shown in the proposal attached hereto as Exhibit "A". 3. Compensation and Payment. 3.1 Payment for services provided hereunder shall be made following the performance of such services. Such payment shall be full compensation for work performed or services rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to complete the Project. 3.2 No payment shall be made for any services rendered by the Consultant except for services identified and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. Professional Services Agreement -Wastewater Treatment Plan Roof Railing ��� Page 1 3.3 The City shall pay the Consultant for work performed under this Agreement upon timely submitted invoices detailing work performed and expenses for which reimbursement is sought. The City shall approve all invoices before payment is issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 3.4 The City shall pay the Consultant for all work performed and expenses incurred under this Agreement, as follows. ❑ 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 0 Fixed Sum: A total of $26,200.00; or ❑ Other: 4. Reports and Inspections. 4.1 The Consultant at such times and in such forms as the City may require, shall furnish to the City such statements, records, studies, surveys, reports, data, and information as the City may request pertaining to matters covered by this Agreement. 4.2 The Consultant shall, at any time during normal business hours and as often as the City or the Washington State Auditor may reasonably deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the City, or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The City shall receive a copy of all audit reports made by the agency or firm as to the Consultant's activities. The City may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the Consultant's activities which relate, directly or indirectly, to this Agreement. Consultant shall be provided a copy of such reports. 4.3 The Consultant, during the term of this Agreement, shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense, and shall maintain its validity. Upon request, the Consultant shall deliver to the City copies of these licenses, registration documents, and permits or proof of their issuance or renewal. Professional Services Agreement -Wastewater Treatment Plan Roof Railing Page 2 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 rimes during this period. 5. Ownershin 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. Any use of Consultant's work product for any purpose other than intended by this Agreement shall be at the City's sole risk and without liability or legal exposure to Consultant. 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 Professional Services Agreement -Wastewater Treatment Plan Roof Railing Page 3 by the Consultant, and recommendations of the Consultant are exempt prior to the acceptance by the City or public citation by the City in connection with City action. 6.2 If the Consultant becomes a custodian of public records of the City and request for such records is received by the City, the Consultant shall respond to the request by the City for such records within five (5) business days by either providing the records, or by identifying in writing the additional time necessary to provide the records with a description of the reasons why additional time is needed. Such additional time shall not exceed twenty (20) business days unless extraordinary good cause is shown. 6.3 In the event the City receives a public records request for protected work product of the Consultant within its possession, the City shall, prior to the release of any protected work product or as a result of a public records request or subpoena, provide Consultant at least ten (10) business days prior written notice of the pending release and to reasonably cooperate with any legal action which may be initiated by the Consultant to enjoin or otherwise prevent such release. Independent Contractor Relationshin. 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 Subject to the industry standard of care, the Consultant shall comply with all applicable 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. Professional Services Agreement -Wastewater Treatment Plan Roof Railing Page 4 7.4 The City may, at its sole discretion, require the Consultant to remove any employee, agent or servant from employment on this Project who, in the City's sole discretion, may be detrimental to the City's interest. 8. Indemnification. 8.1 The Consultant shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees, and volunteers from any and all claims and causes of action, including, but not limited to, actions of law or administrative proceedings for all injuries to persons or damages to property, and all losses, damages, demands, suits, judgments, including attorney fees, to the extent arising out of, or as a result of, or in connection with the work performed under this Agreement, and caused or occasioned by reason of negligent acts, errors, or omissions of the Consultant or its subcontractors in the performance of this Agreement, except for injuries and damages caused by the negligence of the City, its officers, employees, agents, and volunteers. 8.2 Should a Court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injuries or damages to property caused by or resulting from the concurrent negligence of the Consultant, and the City, its officers, employees, agents and volunteers, the Consultant's liability and obligation to defend hereunder shall only be the proportionate extent of the Consultant's negligence. 8.3 It is further agreed that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. 8.4 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.5 This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant's delayed or failed performance of Section 6 above. 8.6 This waiver has been mutually negotiated by the parties, and the provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subcontractors. 9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: Professional Services Agreement -Wastewater Treatment Plate Roof Railing Page 5 9.1.1 Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 9.1.2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 9.1.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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 City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. Professional Services Agreement -Wastewater Treatment Plan Roof Railing Page 6 9.3.2 The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Consultant, who shall immediately notify the City. 9.4 Acceptability of Insurers. Insurance is to 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 City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 10. Nondiscrimination. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment in the performance of this Agreement without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, State and Federal laws prohibiting discrimination in employment. 11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any company, person or firm, other than a bona fide employee working exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement. 12. Assignment and Subcontracting. 12.1 The City has awarded this Agreement to the Consultant due to its unique qualifications to perform these services. The Consultant shall not assign (or subcontract other than as specifically identified in Exhibit A) its performance under this Agreement or any portions of this Agreement without the prior written consent of the City, which consent must be sought at least thirty (30) days prior to the date of any proposed assignment. 12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Professional Services Agreement -Wastewater Treatment Plan Roof Railing Page 7 14. Nondiscrimination; proper bidding procedures where applicable; and all local, State and Federal statutes, ordinances and guidelines. 12.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the City. 13. Termination. 13.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other party no less than ten (10) business days written notice in advance of the effective date of such termination. 13.2 Termination for Cause. If the Consultant fails to perform in the manner called for in this Agreement, or if the Consultant fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) business days of written notice thereof, the City may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the Consultant setting forth the manner in which the Consultant is in default. The Consultant will only be paid for services and expenses complying with the terms of this Agreement, incurred prior to termination. General Provisions. 14.1 For the purpose of this Agreement and subject to the industry standard of care, time is of the essence. 14.2 Notice. Notice provided for in this Agreement shall be sent by: 14.2.1 Personal service upon the Project Administrators. 14.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 14.3 The Project Administrator for the purpose of this Agreement shall be: 14.3.1 For the City: 14.3.2 For the Consultant: David Tanner, or his/her designee 525 North 3rd Pasco WA 99301 tannerd@pasco-a_gov Ben Volk, or his/her designee JAB Engineers, Inc. 2810 W. Clearwater Kennewick, WA 99336 bvolk@jub.com Professional Services Agreement -Wastewater Treatment Plan Roof Railing Page 8 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, the parties will attempt resolution through mediation. If mediation is unsuccessful, upon mutual 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. 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. Inteeration. This Agreement between the parties consist 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 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 day and year first written above. CITY OF PASCO, WASHINGTON Mve,Well, City Manager A TE Jr:� 1 0-00 D ie Clark, City Clerk APPROVED AS TO FORM: Leland B. Ken, City Attorney CONSULTANT Professional Services Agreement -Wastewater Treatment Plan Roof Railing Page 9 f-J•U Bi J -U ENGINEERS, Inc. ENGIXEENb'6UNVCYgfS•PIANNERS J -U -B ENGINEERS, Inc. AGREEMENT FOR PROFESSIONAL SERVICES Attachment 1 - Scope of Services, Schedule, and Basis of Fee The City of Pasco (CLIENT) Agreement Between Owner and Consultant is amended and supplemented to include the following provisions regarding the Scope of Services, Schedule of Services, and the Basis of Fee: For the purposes of this attachment, 'Agreement for Professional Services' and the Agreement shall refer to the document entitled 'Agreement Between Owner and Consultant; executed between J -U -B and CLIENT to which this exhibit and any other exhibits have been attached. OBJECTIVE/ BACKGROUND This project involves the design of safety upgrades to several structures at multiple facilities owned by the City of Pasco Wastewater Treatment Division. Project sides include several buildings at the Wastewater Treatment Plant and three lift stations within the City of Pasco. Structural modifications will include added rooftop guardrails, the installation of inset mounting sleeves for fall protection anchoring systems, and the installation of a spiral staircase. The CLIENT will provide all available record drawings of the facilities to be modified. The project will be bid and constructed in two phases; however, the design will be furnished as one complete package. Phase 1 will include the installation of fall protection systems at the lift stations and Phase 2 will include the remaining improvements. It is anticipated that the specifications will be performance specifications for commercially available guardrails and staircases. SCOPE OF SERVICES A. BASIC SERVICES: J -U -B's Basic Services under this Agreement are limited to the following: TASK 1 -PROJECT MANAGEMENT Develop the project scope, gather record drawings and building information, perform project setup, as well as invoicing and closeout. TASK 2- WASTEWATER TREATMENT PLANT Subtask 2.1: Main Building Rooftop Guardrail Design approximately 240 -If of guardrail to be mounted atop parapet walls to satisfy a 42" guardrail height requirement at identified locations where the parapet wall stands at the edge of the building. Subtask 2.2: Blower Building Rooftop Guardrail Design approximately 206 -If of guardrail to be mounted atop parapet walls to satisfy a 42" guardrail height requirement for the entire perimeter of the building. Guardrail shall include a 6 -foot wide removable gate at the east edge of the building. Subtask 2.3: UV Building Rooftop Guardrail Design approximately 155 -If of guardrail to be mounted atop parapetwalls tosalisfy a 42" guardrail height requirement for the entire perimeter of the building. Guardrail shall include a 6 -toot wide removable gate for equipment access. Design a staircase and landing to replace the vertical ladder on the building. The staircase will be similar to the existing staircase on the Blower Building. Subtask 2.4: Aeration Basin Fall Protection Anchor Sleeves Design cored inset sleeve retrofits to be used as anchor points for fall protection masts and booms at two locations along the south edge of the aeration basins. Provide modified guardrail design to include a 6 -foot wide removable gate for equipment access at two locations. J-U'B Agreement for Proresslowl Services Apartment I — Swpeof Smlr wit/a Sc11eEWean0/or Basis of Fee(REV IM9) Page 1-1 Subtask 2.5: Solids Thickening Building (Blosollds Building) Design approximately 170 -fl of guardrail to be mounted atop parapet walls to satisfy a 42° guardrail height requirement for the entire perimeter of the building. Guardrail shall include a 6 -foot wide removable gate for equipment access. Specify a spiral staircase to replace the vertical ladder on the building. TASK 3 - STH AVE. & WASHINGTON ST. LIFT STATION Wet Well Lid Fall Protection Anchoring System Design a cored inset sleeve retrofit to be used as an anchor point for fall protection masts and booms in the lid of the wet well east of the building. TASK 4 - NW COMMONS DEVELOPMENT LIFT STATION Design a cored inset sleeve retrofit to be used as an anchor point for fail protection masts and booms in the lid of the wet well. TASK 5 - COMMERCIAL AVE/KAHLOTUS HWY LIFT STATION Design two cored inset sleeve retrofits to be used as anchor points for fall protection masts and booms in the lids of each wet well. TASK 6 - BIDDING AND CONSTRUCTION SUPPORT Support the City of Pasco in the development of necessary addendums and change orders by providing design and drawing modifications. Review material submittals and shop drawings. B. ADDITIONAL SERVICES: The following Additional Services are not included in J -U -B's current scope under this Agreement. If authorized in writing by CLIENT, J -U -B shall furnish or obtain from others Additional Services of the types listed below. 1. Services that are identified as CLIENT's Responsibilities or are not specifically listed under Basic Services. 2. Land Surveying. 3. Geotechnical Investigation and Report. 4. Permitting. 5. Post -Construction Phase Services. C. CLIENT'S RESPONSIBILITIES - In addition to other responsibilities of CLIENT as set forth in this Agreement, CLIENT shall at its expense: 1. Design Phase: a. Provide J -U -B with all criteria and full information as to the CLIENTS requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations. b. Furnish to J -U -B any available structural record drawings for the existing buildings and structures to be retrofitted and any available material submittals and shop drawings for pre -cast structures to be retrofitted. c. Provide any available CAD drawings of the buildings and structures to be retrofitted. d. Following J -U -B's assessment of inifially-available Project information and data and upon J -U -B's request, furnish or otherwise make available such additional Project related information and data as is reasonably required to enable J -U -B to complete its Basic and Additional Services. e. Give prompt written notice to J -U -B whenever CLIENT observes or otherwise becomes aware of the presence at the Site of any Constituent of Concern, or of any other development that affects the scope or time of performance of J -U -B's services, or any defect or nonconformance in J -U -B's services, the Work, or in the performance of any Contractor. f. Authorize J -U -B to provide Additional Services as required. g. Arrange for safe access to and make all provisions for J -U -B to all project sites as required to perform services under the Agreement. J.0-6 AgreemenMr Professional Samices AdatlimeM 1—Scope of Serylces and / or Schedde and /or Basis of Fm (REV 1/09) Page 1-2 h. Examine all alternatives, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented byJ-U-B (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as CLIENT deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. i. Provide and pay for reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the Project designed or specified by J -U -B and such reviews, approvals, and consents from others as may be necessary for completion of each phase of the Project. j. Recognize and acknowledge that J -U -B's services do not include the following services, provide, as required for the Project: 1) Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2) Legal services with regard to issues pertaining to the Project as CLIENT requires, Contractor raises, or J -U -B reasonably requests. 3) Such auditing services as CLIENT requires to ascertain how or for what purpose Contractor has used the moneys paid. k. Create Contract bid documents to complement the Project Plans provided by J -U -B. I. Manage and distribute plans to accommodate phasing of the project desired by the CLIENT. 2. Bid/Award Phase: a. Advertise for and obtain bids or proposals for the Work and, where applicable, maintain a record of prospective bidders to whom the Bidding Documents have been issued, schedule and attend pre-bid conferences, if any, and receive and process contractor deposits or charges for the bidding documents. b. Issue addenda as appropriate to clarify, correct, or change the bidding documents. c. Determine the acceptability of subcontractors, suppliers, and other individuals and entities proposed by the prospective contractors for those portions of the Work as to which such acceptability is required by the bidding documents. d. Coordinate and administer the Bid opening, prepare Bid tabulation sheets, and evaluate Bids or proposals and assemble and award contracts for the Work. 3. Construction Phase: a. Provide observation and coordination of inspections and testing of all Construction Phase Services. 4. Post -Construction Phase: a. Provide all Post -Construction Phase Services. DELIVERABLES; • Drawing Sheet Set, stamped and sealed for construction by a licensed Washington State Structural Engineer, including vicinity maps, necessary plans, elevations and details, and structural notes. Drawings for the 30% review will be submitted electronically via email in 11"x17" PDF format. Final stamped drawings will be submitted in 22"x34" plain paper (up to 4 copies), 11"x17" plan paper format (multiple copies), and PDF 11"x17" format. • All necessary structural notes will be included in the drawing sheet set. No additional construction or materials specifications will be provided. • Stamped and sealed structural calculations (8.5"x11" PDF format via email). • Engineers Estimate of Probable Cost (8.5"x11 PDF format via email). Estimates will be compared to historic bid records of CLIENT projects and J -U -B records. With each submittal the quantifies and unit bid costs will be updated as necessary. Since J -U -B has no control over the cost of labor, materials, equipment, or Services fumished by others, or over the contractor(s) methods of determining process, or over competitive bidding or market conditions, J -U -B's opinions of probable construction cost are to be made on the basis of J -U -B's experience and qualifications and represent J -U -B's best judgment as an experience and qualified profession engineering, familiar with the construction industry; but J -U -B cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from the opinions of probable cost prepared by J -U -B. If the CLIENT wishes assurance as to construction costs, CLIENT shall employ an independent cost estimator. J -U -B's Services to modify the Project to bring the construction costs within any limitation established by the CLIENT will be considered Additional Services and paid for as such by the CLIENT. The 30% cost estimate will include a 20% contingency. The final estimate will include a 10% contingency. • Record Drawings (one set on 22"x34" plain paper, 11"x17"/22"x34" PDF format and CAD files on CD). Note: The scope and fees are based upon producing a single drawing set for two projects. If the work is divided into multiple projects, additional scoping and fees may apply for repackaging of the design. J -U-9 Agreement for Professional SeMms AgaOr ti -Swp of SeMm end I. 6c ule and I or 6es of Fee(REV 1109) Page 1.3 SCHEDULE OF SERVICES Predicated upon timely receipt of CLIENT -provided information, typical review periods, and active direction during work, J -U -B anticipates the following schedule for the Services listed: Basic Services: • Furnish 30% sketches to CLIENT for review within 30 days of the notice to proceed. • Furnish final stamped drawings and calculations to CLIENT for incorporation into a construction contract within 30 days of receiving CLIENT comments on the 30% submittal. BASIS OF FEE CLIENT shall pay J -U -B for Basic Services set forth in Attachment 1 as follows: • For Lump Sum fees: o The portion of the Lump Sum amount billed for J -U -B's services will be based upon J -U -B's estimate of the percentage of the total services actually completed during the billing period. • For Time and Materials fees: o CLIENT shall pay J -U -B an amount equal to the cumulative hours charged to the Project by each class of J -U -B's personnel times Standard Hourly Rates for each applicable billing class for all services performed on the Project, plus Reimbursable Expenses and J -U -B's charges, if any. c The Standard Hourly Rates and Reimbursable Expenses Schedule will be adjusted annually in January of each year to reflect equitable changes in the compensation payable to J -U -B. o J -U -B's estimate of the amounts that will become payable for specified services are only estimates for planning purposes, are not binding on the parties, and are not the minimum or maximum amounts payable to J -U -B under the Agreement. When estimated compensation amounts have been stated herein and it subsequently becomes apparent to J -U -B that the total compensation amount thus estimated will be exceeded, J -U -B shall give CLIENT written notice thereof, allowing CLIENT to consider its options, including suspension or termination of J -U -B's services for CLIENT's convenience. The fee types and amounts for each task are presented in the following table: Task Number Task Name Fee Type Amount 1 Project Management Lump Sum Fee $4,400.00 2 Wastewater Treatment Plant Lump Sum Fee $12400.00 3 TO Ave. & -Washington St. Lift Station Lump Sum Fee $1.600.00 4 NW Commons Development Lift Station Lump Sum Fee $1,400.00 5 Commercial Ave./Kahlotus Hwy. Lift Station Lump Sum Fee $1,400.00 6 Bidding and Construction Support Time and Materials $5,000.00 TOTAL $26.200.00 Period of Service: o The compensation amount stipulated above is conditioned on a period of service not exceeding 12 months. If such period of service is extended, the compensation amount for J -U -B's services shall be appropriately adjusted. J -U -B Agreement for Professional Services Aeachment i —scope of Servlces and/ or Schedule and /or Basis of Fee (REV frog) Page 14