HomeMy WebLinkAboutMeier - PSA - 2017 Animal Control Feasibility StudyPROFESSIONAL SERVICES AGREEMENT
ANIMAL CONTROL FACILITY FEASIBILITY STUDY
THIS AGREEMENT is made and entered into between the City of Pasco, a Washington
Municipal Corporation, hereinafter referred to as "City", and Meier 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 supportivecapabilities; and
WHEREAS, the Consultant represents that it is qualified and possesses sufficicnt 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. Sco a 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 AZm- 2-K;K , , 204-'? ,and
promptly be completed within1( 4D 5) calendar days, in accordance with the
schedule 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.
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
Professional Services Agreement- "Meier - Animal Control Facility Feasibility Studd'
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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.
® Not to exceed $43,000 as outlined in Exhibit "A"_
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.
4.4 Consultant shall maintain books, records and documents, which sufficiently and
properly reflect all direct and indirect costs related to the performance of this
Agreement, and shall maintain such accounting procedures and practices as may
be necessary to assure proper accounting of all funds paid pursuant to this
Agreement. These records shall be subject, at all reasonable times, to inspection,
review, or audit as provided above.
4.5 The Consultant shall retain all books, records, documents or other material
relevant to this Agreement for three (3) years after its expiration. Consultant
agrees that the City, or its designee, shall have full access and right to examine
any of said materials at all reasonable times during this period.
5. Ownership and Use of Documents.
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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 theproducts and services provided
under this Agreement. Any work product used by the Consultant in the
performance of these services which it deems as "confidential," `proprietary," or
a "trade secret" shall be conspicuously designated as such.
5.2 In the event of Consultant's default, or in the event that this Agreement is
terminated prior to its completion, the work product of the Consultant, along with
a summary of the services performed to date of default or termination, shall
become the property of the City, and tender of the work product and summary
shall be a prerequisite to final payment under this Agreement. The summary of
services provided shall be prepared at no additional cost, if the Agreement is
terminated through default by the Consultant. If the Agreement is terminated
through convenience by the City, the City agrees to pay Consultant for the
preparation of the summary of services provided.
6. Public Records.
6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56
RCW "Public Records Act." All preliminary drafts or notes prepared or gathered
by the Consultant, and recommendations of the Consultant are exempt prior to the
acceptance by the City or public citation by the City in connection with City
action.
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
Professional Services Agreement-. "Meier - Animal Control Facility Feasibility Study"
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pending release and to reasonably cooperate with any legal action which may be
initiated by the Consultant to enjoin or otherwise prevent such release.
7. Independent Contractor Relations}iIL).
7.1 The parties intend -that an independent contractor relationship is created by this
Agreement. The City is interested primarily in the results to be achieved, subject
to the scope of services and the specific requirements of this Agreement, the
implementation of services will lie solely with the discretion of the Consultant.
No agent, employee, officer or representative of the Consultant shall be deemed to
be an employee, agent, officer, or representative of the City for any purpose, and
the employees of the Consultant are not entitled to any of the benefits or
privileges the City provides for its employees. The Consultant will be solely and
entirely responsible for its acts and for the acts of its agents, employees, officers,
subcontractors or representatives during the performance of this Agreement.
7.2 In the performance of the services provided in this Agreement, Consultant is an
independent contractor with full authority to control and direct the performance of
the details of the work, however, the results of the work contemplated herein must
meet the approval of the City and shall be subject to the City's general rights of
inspection and review to secure the satisfactory completion thereof.
7.3 The Consultant shall comply with all State and Federal laws including, but not
limited to:
7.3.1 The definition requirements of RCW 50.04.140 (Employment Security).
7.3.2 RCW 51.08.195 (Industrial Insurance).
7.3.3 Obtain a City of Pasco business license.
7.4 The City may, at its sole discretion, require the Consultant to remove any
employee, agent or servant from employment on this Project who, in the City's
sole discretion, may be detrimental to the City's interest.
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, 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
Professional Services Agreement- "Meier - Animal Control Facility Feasibility Study"
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for injuries and damages caused by the sole 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 firrther 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 Sco a 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
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.
Professional Services Agreement- "Meier - Animal Control Facility Feasibility Study"
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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
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
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.
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
City.
9.4 Accqptability of Insurers. Insurance is to placed with insurers with a current A.M.
Best rating of not less than ANII.
9.5 Verification of Covera e. Consultant shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of the 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
Professional Services Agreement- "Meier - Animal Control Facility Feasibility Study'
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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 Contimeent 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 Subcontract.
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,
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
Professional Services Agreement- "Meier - Animal Control Facility Feasibility Studd'
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14.
15.
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, 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:
Dispute Resolution.
Rick Terway, or his/her designee
525 North 3rd Ave
Pasco WA 99301
509-543-5775
terwayr@pasco-wa.gov
Doug Eadie, or his/her designee
2 W Kennewick Ave
Kennewick WA 99336
509-737-6935
&eadie@meierine.com
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 attorney fees and costs as additional award and judgment against
the other.
Professional Services Agreement- "Meier - Animal Control Facility Feasibility Study"
Pa:R
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. Integration. 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
MEIER ARCHITECTURAL ENG
l "j
Professional Services Agreement- "Meier - Animal Control Facility Feasibility SUW'
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op
ARCHITECTURE •ENGINEERING
PROPOSAL FOR SERVICES
CLIENT: Rick Terway
Administrative and Community Services Director
City of Pasco
525 N. 3rd Ave.
Pasco, WA 99301
PROJECT: ANIMAL CONTROL FACILITY FEASIBILITY STUDY
Thank you for the opportunity to provide a fee proposal for Architectural and Engineering Design
Services. Meier Architecture • Engineering (Meier) and Shelter Planners of America (SPA) is
pleased our team was selected for the above referenced project and is pleased to provide the
following proposal for your consideration.
GENERAL SCOPE OF WORK:
1. The City of Pasco (City) is contracting with Meier for the Feasibility Study, and SPA will
be a sub -consultant to Meier.
2. The Feasibility Study will be completed in two (2) phases; A Programming Report to
capture the requirements, needs, feature and cost for the future shelter, and a Schematic
Design which will include a site plan, floor plan, and exterior elevations.
3. The proposed new shelter will not exceed 8,000 SF and will serve the cities of Pasco,
Kennewick, and Richland.
4. The new shelter will be designed to receive up to 4,563 animals per year, with the ability
to be expanded in the future
5. The new shelter will be on land adjacent to the east side of the existing shelter and the total
site area will be approximately five (5) acres.
CLIENT RESPONSIBILITIES:
1. Provide Meier and SPA personnel with access to the site and existing facility to obtain
accurate information on existing conditions.
2. Assist SPA with interviews, and a survey of key decision makers and staff:
a. Assemble the key staff and appropriate leaders with authority that have knowledge
of the existing shelter operation to attend the Programing Meeting, which will
require approximately six (6) hours, to provide detailed information about the
existing shelter, its operation, and the desire for a new shelter. We will send a letter
prior to the Programing meeting with a list of information needed.
b. Provide a quiet conference room for the meeting.
3. Provide any available record drawings, surveys, or studies pertaining to the subject
property with relevance to the scope of design work described in this agreement.
4. Provide any design standards or specifications the Client intends for Meier or SPA to
follow or consider in the design process.
5. Review interim and final documents and provide comments.
P16-0380, Rev. I
Page 1 of 8
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12 W. Kennewick Ave. 1 Kennewick, WA 99336 1 M 509.735.1589 1 F 509.783.5075 1 www.meierinc.com
SCOPE OF SERVICES:
Meier will provide the following services based on the information provided by you for individual
Tasks as described herein:
TASK 1- PROGRAMMING REPORT:
TASK DESCRIPTION:
This report is to determine the details needed to design the new Animal Control Facility.
Michael Barnard of SPA will travel to your location and spend a day and a half at the existing
facility in Pasco, WA, evaluating your present facilities and operations, and interviewing your staff
and key decision makers. We will use our questionnaire that covers over 100 items of statistics,
information, and preferences to fully understand your organization.
The Programming Report will be in a concise, easy to read format of approximately 20-30 pages,
based on SPA's our 30 years of experience with hundreds of shelter facilities. This report will
cover the following:
1. The demographics of people and animal levels both current and projected, and a review of
the proposed animal housing capacity.
2. Provide a Building Space Program with recommendations for the proposed 8,000 SF size
building deemed necessary for an Administrative area, Animal Housing areas both indoors
and outdoors, Medical Clinic area and Support areas. The Study will list each room and
size needed in net SF and the gross SF to include wall thickness and corridors. The Building
Space Program will identify adjacencies and equipment or features for each space.
3. The Study will identify site features such as public parking, staff parking, outdoor dog runs,
exercise yards, covered spaces, and get acquainted yards.
4. `Best practice" recommendations for equipment, materials, finishes, HVAC systems,
plumbing and drainage systems in the new Shelter.
5. A discussion of the Shelter staff size, current and future.
6. A discussion of the Shelter operating budget, current and future.
7. The report will include a determination of the appropriateness of the preferred site east of
the existing shelter, in regards to how the building may be configured, including soil
excavation and grading required, shoreline and zoning regulations, a review of existing
utilities, lot setbacks, and easements that may need to be combined and recorded.
8. An estimated cost for construction of the new Shelter based on our real-world experience
with completed facilities. The estimate will include site work, soft costs and proposed
contingencies.
The Programming Report will be provided electronically in PDF format. Once Pasco and Meier
has received and reviewed the Programing Report, we will review it with you by "Go -To -Meeting"
teleconference and complete one (1) mutually agreeable revision of the report.
TASK 2 - SCHEMATIC DESIGN:
Once the Programming Report has been approved, the schematic design phase will begin. Our
approach is to achieve a building that is pleasant to work in, easy to maintain, healthy for the
animals, enjoyable for the public to visit, and a respected, model shelter within the State of
Washington.
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Based on the approved Programming Report, an initial floor plan for a new Shelter will be
developed. This will be a single -line drawing showing the size and layout of the proposed building
and all the room locations. A Basic Site Plan Concept sketch also will be prepared. Michael
Barnard of SPA will present the initial floor plan and site plan by telephone/internet conference
using "Go -To -Meeting". Following approval of the initial floor plan, including any adjustments,
we will develop the Schematic Floor Plan that is architecturally accurate, to scale, and showing
layout details such as dog runs, cages, equipment, walls, windows, doors, floor slopes and drains,
plumbing fixtures, cabinets, etc. In addition, we will prepare a Schematic Site Plan for the selected
site showing the building, public parking, staff parking, and drives. Michael Barnard of SPA will
present the Schematic Floor Plan and Site Plan by telephone/intemet conference using "Go -To -
Meeting". In addition, an updated estimated cost for construction will be provided based on the
final size of the project.
The design for the new shelter shall also incorporate the following-
1.
ollowing1. Review local jurisdiction zoning and municipal codes, and perform a 2015 International
Building Code (IBC) analysis to address any potential issues that need to be incorporated
into the Project.
2. Meier will pay for the title report fees.
3. Provide a boundary and topographic survey including all buildings, hard surfaces, and
utilities with 1' contours.
4. Provide a preliminary schedule for the design and construction efforts.
5. Meet with Client to discuss the plans and comments.
6. Revise the plans and develop the final schematic plan to be used as a basis for the design
development drawings.
7. Develop a preliminary exterior elevation based on the finalized floor plan layout.
8. Meet with the Client to discuss building elevations and comments.
9. Incorporate Client comments and develop final building elevations.
10. A pre -application meeting with the City shall be arranged, and the Schematic Design
documents shall be presented for preliminary approval. Any local jurisdiction comments
will be incorporated into the final schematic drawings
TASK 3 - REIMBURSABLE EXPENSES:
Reimbursable expenses shall cover the actual costs of travel, hotel, rental car, and Michael
Barnard's travel time at $150 per hour from Arlington, TK to Pasco, WA and similar costs, and
these shall be reimbursed to SPA at the amount invoiced. SPA will work with Meier to provide
documents in PDF format to minimize reproduction costs.
DELIVERABLES:
1. Work plan.
2. Preliminary programming report.
3. Final programming report.
4. Preliminary schematic drawings.
5. Final schematic drawings.
6. Preliminary construction cost estimate.
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ASSUMPTIONS:
1. It is anticipated that both teams keep open communication, are responsive, and review
comments are received in timely manner.
2. Reports will be provided on 8 %z x 11 paper (two copies) and PDF electronic format.
3. Drawings will be provided on 24 x 36 (one copy), 11x17 size paper (two copies) and PDF
electronic format.
SCHEDULE:
PROPOSED SCHEDULE:
Anticipated schedule inputs are as follows. Schedule may vary based on the review cycles and
design comments:
1. Notice to Proceed:
1 day
2. SPA will immediately send a letter requesting information prior to the
Programming Meeting.
2 days
3. Initial meeting for Programing meeting & tour of existing Shelter and site
after SPA receives the requested information.
1 to 2 weeks
4. Provide a draft version of Programming Report:
3 weeks
S. Owner review and comment on draft version:
1 week
6. Provide final Programming Study:
1 week
7. Meeting to review Conceptual Design of Floor Plan and Site Plan:
1 week
8. Modify Conceptual Design of Floor Plan and Site Plan:
2 weeks
9. Owner review and comment on Schematic Design:
1 week
10. Final Schematic Design: Floor Plan, Site Plan & 3D Colored Rendering.
2 weeks
11. Meier to arrange and attend a City of Pasco Pre -Application Meeting.
3 to 4 days
12. Submit a revised proposal for Design Development, Construction
Documents and Construction Administration:
2 day
12. Notice to Proceed Construction Document:
1 day
13. Design Development:
4 weeks
14. Client Review:
1 week
15.60°% Construction Documents:
3 weeks
16. Client Review:
1 week
17.95°% Construction Documents:
3 weeks
18. Client Review:
1 week
19.100% Construction Documents:
1 week
20. Bidding and permitting:
4 weeks
21. Construction:
9 months
The above are suggested time frames and the basis of the design estimate. However, the design
team will make an effort to compress the schedule when practical.
TEAM:
Meier lead all design efforts. Your primary contact will be Douglas Eadie as Project Manager. All
official communication will be through this single point of contact .to assure information is
distributed appropriately and incorporated into the project.
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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:
Meier will perform these services per the fee schedule noted below.
TASK 1- Programming Report: Meier and SPA will perform design services for a firm fixed fee
of $17,300.
TASK 2 - Conceptual Design: Meier and SPA will perform design services for a firm fixed fee of
$ 23,200.
TASK 3 - Reimbursable Expenses: SPA agrees to cover travel expenses on a time and expenses
basis, with a budget level estimated at $2,500.
Invoices will be submitted monthly. A 1.5% interest charge will be added for late payment beyond
the normal 30 day billing period. 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.
OTHER TERMS AND CONDITIONS:
Meier's Standard Business Conditions are part of this Proposal and are attached hereto, marked
Exhibit "A", and incorporated herein by this reference.
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 Doug Eadie directly at 509.737.6935.
The return of a signed copy of this proposal will authorize us to proceed with this work.
APPROVED BY:
City of•Pasc l
of.-Pal,
Ur'
Signature
Print
Date
P16-0380, Rev. 1
Page 5 of 8
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Meier Architecture • Engineering
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EXHIBIT "A"
TO AGREEMENT FOR SERVICES
MEIER ARCHITECTURE • ENGINEERING
STANDARD BUSINESS CONDITIONS
L RESPONSIBE1.1TY OF MEIER ARCHITECTURE • ENGINEERING.
A. CONFIDENTIALITY AND NON-USE
During the conduct of specific engineering assignments, Meier Architecture • Engineering (Meier) and. its employees may obtain,
directly or indirectly, information proprietary to Client. Accordingly, Meier agrees, on behalf of itself and its employees, to
maintain as confidential all said proprietary information and not to disclose it without specific authorization from Client, except as
may be required by law.
B. INSURANCE
Meier maintains insurance coverage in the following amounts, and upon request of Client, will provide a Certificate of Insurance
so indicating:
Type of Policy Limits of Liability
(a)
Standard Workers' Compensation/
Employer's Liability
(b)
General liability Combined Single
Limit (Bodily Injury/ Property Damage)
(c)
Automobile Liability Combined Single
Limit (Bodily Injury/ Property Damage)
(d)
Professional liability/ Errors
and Omissions
WASlate Labor & Industries (No limit)
$1,000,000
$2,000,000 Aggregate
$1,000,000 Each Occurrence
$1,000,000 Each Occurrence
$1,000,000 Aggregate
$2,000,000 Each Claim
$4,000,000 Aggregate
If Client requires additional insurance above and beyond the limits listed above, Client agrees to pay Meier's cost in obtaining the
additional insurance.
C. INDEMNIFICATION/LIMITATION OF LIABILITY
Meier shall indemnify and hold harmless Client and its officers, employees, agents, successors and assigns from and against any
and all liability, claims, demands, suits, actions, third -parry claims, penalties, fines, debts, aunts, damages, costs, expenses,
losses and attorney fees (hereinafter referred to collectively as "Damages") that either directly or indirectly arise out of, or result
from, injury or death to persons, including employees of Client or Meier, or damage to property of whatever kind and nature, only
if and to the extent the injury or damage is caused by a negligent act of Meier or its employees or agents in the performance of
Meier work under this Agreement. Client shall give prompt notice to Meier of any such suit, claim, demand or action relating
thereto in order to provide Meier with the earliest opportunity to defend against any actions or proceedings for Damages. Meier
agrees, however, that any failure on the part of Client to give such notice shall not be deemed a waiver, abrogation or limitation of
Meices obligation to indemnify and hold harmless Client, except to the extent that such failure to give notice actually prejudices
Meters ability to assert defenses available to it. Indemnification under this provision shall exclude any and all Damages that either
directly or indirectly arise out of or result from acts, errors or omissions of Client or any of its officers, employees, agents,
consultants other than Meier, or other representatives.
Meier's total liability under this indemnification is limited to the type and amount of insurance coverage as listed above in Paragraph
B, entitled INSURANCE or Meier's fees paid to date by Client, whichever is less.
U. RESPONSIBILITY OF CLIENT
A. COORDINATION
Client shall provide a representative to coordinate all onsite activities and to serve as Meier's point of contact.
B_ REVIEW
Client shall provide timely and expeditious reviews of Meier's reports; provide general guidance during execution of the work and,
in general, cooperate to the fullest extent possible during Meier's performance of the work and efforts to meet project schedules.
C. INDEMNIFICATION
Client shall defend, indemnify and hold harmless Meier and its officers, employees, consultants, agents, successors and assigns
from and against any and all liability, claims, demands, suits, actions, third party claims, penalties, fines, debts, accounts, damages,
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costs expenses, losses, and attorneys' fees (hereinafter referred to collectively as "Damages") that arise out of or result from the
injury or death to persons, including employees of Client or Meier, or damage to property of whatever kind and nature, only if and
to the extent the injury or damages is caused by or resulting from a concurrent negligent act of the indemnitee (Client) or its
employees or agents and the indemnitor (Meier) or its agents or employees and is enforceable only to the extent of the indemnitor's
negligence. Meier shall give prompt notice to Client of any such suit, claim, demand or action relating thereto in order to provide
Client with the earliest opportunity to defend against any actions or proceedings for Damages. Client agrees, however, that any
failure on the part of Meier to give such notice shall not be deemed a waiver, abrogation or limitation of Client's obligation to
indemnify and hold harmless Meier, except to the extent that such failure to give notice actually prejudices Client`s ability to assert
defenses available to iL Indemnification under this provision shall exclude any and all Damages that either directly or indirectly
arises out of or result from acts, errors or omissions of Meier or any of its officers, employees, agents, consultants or other
representafrves.
D. DISPUTES/ATTORNEYS' FEES
The Client expressly agrees that should a dispute arise, or should Meier have to bring suit to collect any of the principal and interest
due under this txmtract, that the Client shall pay, in addition to aforementioned principal and interest due, all costs of the legal
action, including but not limited to, filing fees, deposition costs, payment for witnesses, and other court costs, as well as Meier's
reasonable attorneys' fees incurred therein, and on any appeal thereof, assuming Meier is the substantially prevailing party. The
parties hereby stipulate to the jurisdiction and venue of the Benton County, Washington Superior Court far resolution of all disputes
arising under this Agreement
E. NOTICE OF LIEN
The Client acknowledges that notice has been given that a lien may be filed by Meier for materials and services furnished under
this contract and that the Client hereby consents that such a lien may be riled as security for any materials and/orservices provided
under this contract. Client also expnessly waives all other notice requirements that lien may be claimed.
F. MEDIATION
The Client and Meier agree to submit all claims and disputes arising out of this Agreement to non-binding mediation in Benton
County prior to the initiation of legal proceedings. This provision shall survive completion or termination of this Agreement;
however, neither party shall seek mediation of any claim or dispute arising out of this Agreement beyond the period of time that
would bar the initiation. of legal proceedings to litigate such claim or dispute under the applicable law.
G. REVISIONS
If Meier is required to make revisions to the Contract Documents, Meier shall be entitled to compensation, as an Additional Service
for changes to Contract Documents that result from (1) scope changes directed by the Client that materially impact costs, (2) market
fluctuation in the price of construction goods and services that could not have been reasonably anticipated by Meier, (3) revisions
to the Contract Documents directed by the Owner, (4) matters beyond the reasonable control of Meier" or (5) as found conditions
different from those identified in design that result in additional design effort.
III. INVOICES
A. INVOICES
Invoices will be submitted on a monthly basis for work completed and are due upon receipt Past -due balances are subject to
interest at the rate of 1-1/2 percent per month effective 30 days after the date of the invoice. This represents an annual charge of
18 percent. If full payment is not received within 30 days after the date of the invoice, Meier has the option to tease work on the
project Final billing will be noted and state the finality of all deliverables that have been received by the Client from Meier.
B. DISPUTED AMOUNTS
Client will notify Meier within one week of receipt of an invoice if there is a dispute on the invoice. In such event, Client shall pay
that amount of the invoice not in dispute, and the disputed amount wilt be credited or billed on the next monthly invoice.
C. EXTRA DIRECT EXPENSES
Client shall pay timely for direct expenses at a rate of cost plus 12.5% for items of the following nature: title certificates, public
signage, processing, recording, and review fees, reproduction, printing, advertising, and all other "out of pocket' expenses,
including but not limited to mileage, equipment rental, and travel expenses.
IV. GENERAL.
A. VALIDITY
This proposal is valid for 30 days from the date of delivery. Subsequent to that date, Meier may withdraw this proposal or revise
the basis of payment to allow for changing costs and adjust start and completion dates to conform to Meier workload.
B. CHANGES
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Only with the consent of both the Client and Meier may make changes in, additions to and omissions from the Scope of Service be
authorized under this Agreement. Any increase in the Scope of Service shall be agreed upon in a writing signed by the parties
before Meier will proceed with such changes, additions or omissions. Meier will not be responsible for costs associated with the
materials or construction efforts as a result of design errors, clarifications, or omissions not chargeable to Meier's efforts hereunder.
C. DELAYS
Any departure from the stated schedule of work that is caused in whole or in part by a delay originated by Client, or caused by
conditions beyond the control of Meier (such as unfavorable weather conditions/events, partial or complete plant shutdown, loss
of key personnel, strikes, natural disasters or acls of terrorism) constitutes a change of scope and will be grounds for renegotiation
of the contract price and the completion date. Client will be responsible for the cost of any additional work resulting from such
delays. Meier will be responsible for notifying Client of any delays.
D. TERMINATION
Either party may terminate this Agreement without cause by providing 10 calendar days written notice to the other party. In the
event of termination, Client will pay Meier for all fees and expenses incurred to date of termination, per the related fee schedule
for said project
E. OWNERSHIP OF DOCUMENTS
Upon payment of all fees for services, costs and disbursements, Client shall be entitled to reproduce any documents prepared under
this Agreement where such reproduction is in furtherance of project objectives. Any other reproduction, publication, distribution
or use of such documents or copies is permitted only upon obtaining prior written consent of Meier. Such documents and copies
shall at all times remain the property of Meier. All unauthorized uses are at the sole risk of the users.
F. NON -SOLICITATION .
Neither Meier nor Client shall offer employment to the employees of the other during this Agreement and for a period of one year
following the date on which the employce(s) last performed services under this Agreement, unless there is mutual consent with
regard to a particular employee.
G. PRIVACY OF AGREEMENT CONTENT
The information contained in this Agreement is considered privileged and confidential. Any use or release of this information for
purposes other than evaluation of its content as a basis of contract award is prohibited.
H. AGREEMENT TERMS AND CONDITIONS
The terms and conditions of this Agreement (which includes both this Exhibit "A" and the "Agreement for Services" to which this
exhibit is attached) constitute the entire Agreement between Meier and Client Any terms, revisions or conditions in Client's
purchase orders, correspondence or other forms that are not consistent with the terms, provisions or conditions of this Agreement
are void, unenforceable and not part .of this Agreement, This Agreement, as defined, supersedes anything written in any other
document by either party that is in conflict.
I. CAPTION
All captions or subtitles used herein are intended solely for convenience of reference and shall in no way limit or broaden any of
the provisions of this Agreement
J. WAIVER
Failure of either party to enforce any of the provisions of this Agreement shall not be construed as a waiver by that party of any
such provisions or of the right of such party to thereafter strictly enforce each and every provision of this Agreement
Ic COOPERATION
All parties hereto agree to fully cooperate in all matters related to or arising out of this Agreement
L SCRUTINY
This Agreement has been submitted to the scrutiny of all parties and their respective legal counsel and shall be given a fair and
reasonable interpretation in accordance with the words hereof without consideration or weight being given to its being drafted by
or for one of the parties. If in fact one of the parties has not submitted this Agreement to the scrutiny of their legal counsel, such
party stipulates that, despite having had the opportunity to do so, they waived the same and elected to proceed without the benefit
of such legal review.
End of Exhibit "A"
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