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HomeMy WebLinkAboutCH2M Hill - PSA Northwest Commons Lift Station DesignPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and C112M HILL ENGINEERS, INC. hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide consulting services with respect to the Northwest Commons Lift Station Design, 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. 2. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with Attachment A. 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 Professional Services Agreement — CH2MHILL- NW COMMONS- I through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of work done. (4) Consultant shall maintain all documents associated with work performed 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 Attachment A, provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $64,500, 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 before December 31, 2011. 5. Hold harmless aereement. In performing the work under this Agreement, the Consultant agrees to indemnify the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnitees"), from all suits, claims, demands, actions or proceedings, including attorney's fees and litigation costs, arising out of claims by third parties for property damage or bodily injury, including Professional Services Agreement — CH2MHILL- NW COMMONS- 2 death, to the proportionate extent caused by the negligence or willful misconduct of Consultant, its employees or subcontractors. City agrees to indemnify Consultant from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs, arising out of claims by third parties for property damage or bodily injury, including death, to the proportionate extent caused by the negligence or willful misconduct of the City, its employees or contractors. 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 $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. 10. Termination. This being an Agreement for professional services, either party may 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. Professional Services Agreement — CH2MHILL- NW COMMONS- 3 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 Attachment 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. Standard of Care. The standard of care applicable to Consultant's services will be the degree of skill and diligence normally employed by professional engineers performing the same or similar services at the time Consultant's services are performed. Consultant will re -perform any services not meeting this standard without additional compensation. 16. City Furnished Data. City will provide Consultant all data in City's possession relating to Consultant's services under this Agreement. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. 17. 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. 18. Notices. Notices to the City of Pasco shall be sent to the following address: Professional Services Agreement — CH2MHILL- NW COMMONS- 4 City of Pasco P. O. Box 293 Pasco, WA 99301 Notices to the Consultant shall be sent to the following address: C112M HILL ENGINEERS, INC. Thomas J. Helgesen, P.E. 295 Bradley Blvd., Suite 300 Richland, WA 99352 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 �' 20 // ATTEST: lao 6�- 0 Debbie Clark, City Mirk APPROVED A.S- TO F^ORM`:. ' Leland B. Kerr, City Attorney CONSULTANT: C112M HILL ENGINEERS, INC. By: Thomas J. a geson, MyVice President Professional Services Agreement - CH2MHILL- NW COMMONS- 5 Attachment A Scope of Services City of Pasco Northwest Commons Lift Station Design CH2M HILL Engineers, Inc. is pleased to present this proposal for preparing final engineering and design of three new lifts stations at the proposed Northwest Commons Development (NWCD). Our proposal is organized into four parts, including: • Background • Scope of Design Services • Schedule • Compensation Background The NWCD is currently planned for septic tank service. It is the City's desire that these lots be served by the City's central sewer system. As a result, the City has asked CH2M HILL Engineers, Inc. to provide a scope of services for the design of three new lift stations to facilitate providing central sewer service to the NWCD. Scope of Design Services CH2M HILL Engineers, Inc. will prepare engineering and design for three new lift stations at the NWCD with the following assumptions: • Site survey, control elevations, and the basis for flow criteria will be provided by others. • Geotechnical engineering and reports needed for the design of the lift stations will be provided by others. • The design of the lift stations will be based upon the City's Navy Base Lift Station, City Project No. 97-1-04. Design of any infrastructure above and beyond the Navy Base Lift Station design drawings, including building enclosures for system control panels and other components, will require an adjustment in scope and budget. • All pipelines conveying sewage to the lift stations will be designed by others. The extent of CH2M HILL Engineers, Inc.'s design will begin where a single sewage discharge pipe connects into each lift station's wet -well. • CH2M HILL Engineers, Inc. will recommend a force main pipe size to the City. The design and layout of the force main will be provided by the City. • All services required to provide the City with the ability to communicate with each pump stations SCADA system will be furnished by others. • All electrical design services will be performed by others. • Technical Specifications will be presented on the drawings. The City will provide all front end contract documents. • The City will be responsible for facilitating acquisition of all permits and any associated permit fees. CH2M HILL Engineers, Inc. assumes no responsibility for delays in the schedule as a result of delays in the permitting process. • Services during construction including responding to requests for information are not included in this scope. Design Drawings will be prepared using AutoCAD software. Intermediate submittals will be on half size drawings (11x17); the final submittal will include half size drawings and D Size (2204) drawings. The anticipated drawing sheets to be included in the final plan set are presented in Table 1. EXHIBIT 1 Final Drawing List Sheet Number Drawing Title G-1 Cover Page, Drawing List, Area and Vicinity Maps G-2 General Notes, Symbols and Abbreviations G-3 Structural and Mechanical Notes C-1 Overall Site Plan C-2 Enlarged Plans C-3 Enlarged Plan SM -1 Structural & Mechanical Plans SM -2 Structural & Mechanical Sections and Details $D-1 Standard Details CH2M HILL Engineers, Inc. proposes the design be performed in four phases. The four phases include project definition, 60%design phase, 90% design phase, and production of construction documents. These phases are further discussed below. Phase 1— Project Definition During this phase, CH2M HILL Engineers, Inc. will work with the City to establish the criteria to be used for design. Since the schedule may require design of one of the lift stations begin before final criteria is developed for the other two, we anticipate submitting an initial project definition technical memorandum before submitting a final memorandum once criteria for all three lift stations is compiled. The technical memorandum will establish the location of each lift station, the number of lots to be serviced, collection and conveyance flow rates, lift station control logic, control elevations, description of system components and special material requirements. Deliverable: Electronic Copy of Design Criteria Technical Memorandum Phase 2 — 60%Design Development CH2M HILL Engineers, Inc. will meet with the City to discuss the progress of the design documents. Deliverable: N/A Phase 3 — 90%Design Development Drawings and technical specifications will be substantially complete and ready for final review by the City and CH2M HILL Engineers, Inc.'s internal quality control team. These drawings will be electronically submitted to the City. After the City's review of the 90% documents, CH2M HILL Engineers, Inc. and the City will meet to review any final comments that will be implemented in the construction ready documents. Deliverable: Electronic copy of the 90% Design Drawings Phase 4-100% Design Development Construction ready contract documents will be developed. CH2M HILL Engineers, Inc. will deliver the construction ready documents to the City but does not anticipate a formal meeting. Deliverable: 2 half size sets, 2 full size sets, and one CD set of Construction Ready Documents Schedule CH2M HILL Engineers, Inc. is prepared to begin work upon City issuance of notice to proceed. Phase 1 through 3 can be performed within 6 weeks of the notice to proceed. Phase 4 can be performed within 3 weeks after receiving final comments from the City's review of the 90% design set. CH2M HILL Engineers, Inc.'s ability to meet this schedule is contingent upon timely receipt of information and comments from the City and provided the scope of work progresses as outlined. Compensation Compensation for the above scope of services will be on a lump sum basis of $64,500.00. This estimate includes professional services and associated travel, printing and other direct costs. It is understood that this compensation is based on the scope of services described above. Work beyond the services described will require an adjustment to the scope of services and budget.