HomeMy WebLinkAboutStrategic Construction Management, Inc - Fire Station 83 Construction and Post-Construction ServicesPROFESSIONAL SERVICES AGREEMENT
Fire Station 83 Construction and Post-Construction Services
THIS AGREEMENT is made and entered into this 1 ,(Q4'h day of November, 2019
between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as "City'',
and Strategic Construction Management, 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. Scope of Services. The Consultant shall perform such services and accomplish such tasks,
including the furnishing of all labor, materials, facilities and equipment necessary for full
performance thereof, as identified and designated as Consultant's Responsibilities
throughout this Agreement, and as more particularly described in 'Scope of Work' in that
certain letter dated October 31, 2019 and signed by David L. Robison, Principal, strategic
construction Management, Inc. attached hereto as Exhibits A and incorporated herein.
2. Term. This Project shall begin upon award of construction contract ( estimate February
2020) and be completed twelve months from construction (estimated February 2021).
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-Fire Station 83 Construction and Post-Construction Services
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
mvo1ce.
3.4 The City shall pay the Consultant for all work performed and expenses incurred
under this Agreement, as follows.
D 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
D Hourly (Multiple Rate): Such rates as identified on Exhibit __ , plus
actual expenses incurred as provided under this Agreement, but not to
exceed a total of $ ______ without the prior written authorization
by the City; or
~ Fixed Sum: A total of $112,658 (See Exhibit "A")
D 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 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/or proof of their issuance or renewal.
Professional Services Agreement-Fire Station 83 Construction and Post-Construction Services
Page2
5.
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.
Ownership and Use of Documents.
5.1 All research, tests, surveys, preliminary data, information, drawings and documents
made, collected, or prepared by the Consultant for performing the services subject
to this Agreement, as well as any final product, collectively referred to as ''work
product," shall be deemed as the exclusive property of the 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.
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. In the event that the City uses the product
following a termination of this agreement when the consultant is not in default, such
use shall be at the City's sole risk and without liability on the part of the Consultant
or its employees or sub-consultants. This Section 5 .2 shall not be construed to limit
the Consultant's liability with respect to this Agreement in any other manner than
is specifically defined within this Section 5.2.
6. Public Records.
Professional Services Agreement-Fire Station 83 Construction and Post-Construction Services
Page 3
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 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. Inde pendent Contractor Relationship.
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 perform its services consistent with the professional skill and
care ordinarily provided by architects practicing in the same or similar locality
under the same or similar circumstances. The Consultant shall perform its
services as expeditiously as is consistent with such professional skill and care and
the orderly progress of the Project.
Professional Services Agreement-Fire Station 83 Construction and Post-Construction Services
Page4
The Consultant shall comply with all State and Federal laws including, but not
limited to:
7.3.1 The definition requirements ofRCW 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. Any such requirement by the City must
be based upon reasonable justification.
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
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 ofliability 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.
Professional Services Agreement-Fire Station 83 Construction and Post-Construction Services
Page 5
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 pe 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.
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:
D $1,000,000 each occurrence;
D $2,000,000 general aggregate; or
IZI $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:
D $1,000,000 per claim;
D $1,000,000 policy aggregate limit; or
IZI $1,000,000per claim; and $2,000,000 per policy aggregate limit
Professional Services Agreement-Fire Station 83 Construction and Post-Construction Services
Page 6
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 policy will be endorsed to state: "It is agreed
that the Company will provide thirty (30) days written notice prior to the
effective date of cancellation of the policy for any reason other than
nonpayment of premium and will provide this with written notice using
certified mail"
9.3.3 Consultant shall provide the City thirty (30) days written notice prior to the
effective date of cancellation of the policy by certified mail, return receipt
requested.
9.4 Acce ptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A:VII.
9.5 Verification of Covera ge. 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
Professional Services Agreement-Fire Station 83 Construction and Post-Construction Services
Page7
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 Subcontractin g.
12.1 The City has awarded this Agreement to the Consultant due to its unique
qualifications to perform these services. Neither the Consultant or City shall 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 other party, 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 Consultant will
only be paid for services and expenses complying with the terms of this Agreement,
incurred prior to termination.
14. General Provisions.
14.1 For the purpose of this Agreement, time is of the essence.
14.2 Notice. Notice provided for in this Agreement shall be sent by:
14.2.1 Personal service upon the Project Administrators.
14.2.2 Certified mail to the physical address of the parties, or by electronic
transmission to the e-mail addresses designated for the parties below.
Professional Services Agreement-Fire Station 83 Construction and Post-Construction Services
Page 8
14.3 The Project Administrator for the purposes of this Agreement shall be:
14.3.1 For the City: Bob Gear, or his designee
P. 0. Box293
525 North 3rd Ave.
Pasco WA 99301
gearb@pasco-wa.gov
14.3.2 For the Consultant: David L. Robison, or his designee
5426 N. Rd. 68
15. Dis pute Resolution.
Pasco, WA 98301
drobison @strategic-cm.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, with or without the assistance of
mediation, 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.
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. Inte gration. This Agreement between the parties consists in its entirety of this document
and any exhibits, schedules or attachments verified by initials as a part of Exhibits A and
B. 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.
Professional Services Agreement-Fire Station 83 Construction and Post-Construction Services
Page9
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year first written above.
CITY OF PASCO, WASHINGTON
Professional Services Agreement-Fire Station 83 Construction and Post-Construction Services
Page 10
October 31, 2019
Mr. Bob Gear, Fire Chief
Deputy City Manager
City of Pasco
525 N. 3rd Street
Pasco, WA 99301
Exhibit A
Re: Fee Proposal Construction Fire Stations 83
Pasco WA 99301
Dear Chief Gear
It is a pleasure to provide our fee proposal for the continuation of our services in accordance with the
Consulting Services break.down and attached Task Matrix, Exhibit A. Below, for your convenience, is a
recap of our fee proposal. We look forward to our continued collaboration with each of you, the City of
Pasco and TCA Architects.
Station 83: Owners Advisor, Construction/Post Construction Services
Duration of Services: Award of Construction Contract 2020 (12 Months Duration)
Full-Time Equivalent Staff Hours: 699 Hours
Weekly Average FTE Staff Hours: 13.44
Total Lutnp Sum Fee: $104,658.00
Commissioning Agent, TESTCOMM: $8,000.00
Total Contract Fee: $112,658.00
Billed equally each month over the duration of the contract
Reimbursable Expenses
T n 11ddition to out hourly services, reimbursable expenses ate included but ate limited to blueprinting,
phone/fax, mileage, and copy reproduction. Should any consultants be retained by Strategic Construction
Management, Inc. on behalf of the City of Pasco they must be preapproved by the City of Pasco and
payment terms agreed upon in advance of issuance of contracts.
Inswance Expenses
An insurance surcharge of (4.0%) percent for General and Professional Liability is included in our contract
fixed fee.
Please sign and return a copy of Exhibit A along with the City of Pasco's Standard Agreement to my
attention. Thank. you for your confidence · ur team.
Regards,
Strategic Construction Management, Inc. 5426 N. Road 68 Suite D Box 246 Pasco Washington 99301
Voice: 509-378-5044 Web: www .strategic-cm.com
2211 E. Sprague Ave. • Spokane, WA 99202
Phone: (509) 533-0498
October 29, 2019
To:
Subject:
Strategic Construction Management -David Robison
Pasco Fire Station No. 83
Fee Proposal to Provide Commissioning Services
TESTCOMM, LLC is pleased to offer this fee proposal and scope of work to provide
commissioning services at the above referenced project in Pasco, WA.
Commissioning is a process that ensures the systems selected for testing are installed in
accordance with the plans and specifications and to ensure that the systems operate as
intended. A quality assurance process that verifies the installer's work is per the design
documents and the designer's work is proper for the facility.
The Commissioning Authority coordinates and manages all commissioning activities;
observes system installations; creates, schedules, and conducts functional performance
test procedures; assembles required documentation; and advises the owner on the
acceptability of commissioning tests.
TESTCOMM offers the services of Jerry Ensminger as the Commissioning Authority and
Consultant. Mr. Ensminger is a Certified Commissioning Professional (CCP) by the
Building Commissioning Association. Mr. Ensminger is a LEED accredited professional
by the US Green Building Council. He is also NEBB certified in various related
disciplines. Mr. Tom Gould, ACP, or other appropriate staff will assist with the
functional performance testing.
Commissioning improves the quality of the project and assures the owner that the facility
will operate properly immediately upon acceptance.
TESTCOMM has extensive experience in the testing and commissioning of systems
similar to those installed on this project. TESTCOMM offers to bring this experience to
the performance of the work outlined below on an hourly basis.
Sco pe of Work:
1. Complete all commissioning testing and documentation as required by the 2015
Washington State Energy Code.
2. Provide commissioning specifications.
3. Review the construction documents. Provide formal comment on items
pertaining to the proper commissioning of equipment and systems.
4. Prepare the commissioning plan.
P asco FS #83 Commissioning P ropos al TESTCOMM LLC
5. Attend and chair a commissioning coordination meeting. Meeting to be held prior
to any equipment start-up or functional testing. Those required to attend inc]ude
the owner, consultants, and affected contractors.
6. Integrate the commissioning schedule into the master construction schedule.
7. Provide site visit reports documenting items observed during project walk-
through. Items to be inspected include:
a. Installation conformance to contract documents and submitted information
b. Quality of construction
c. Accessibility of equipment
d. Maintainability
e. Proper control system installations, locations and functions
8. Prepare equipment start-up and functional performance test procedures and data
forms. The procedures and data forms used on this project will be project specific
and thorough to ensure proper systems operation.
9. Document equipment start-ups.
I 0. Witness, perform and document functional performance tests on specified
equipment and systems. Functional performance testing will generally occur after
the construction finishes are completed, including HVAC testing, adjusting, and
balancing.
11. Provide test equipment necessary to perform functional performance testing
outside of contractor's stated scope of work.
12. Document all deficiencies found during the commissioning process.
13. Assist in troubleshooting non-performing systems.
14. Deficiencies found will be corrected by the responsible contractor. The building
construction will not be accepted until the commissioning is completed and
accepted.
15. Ensure proper review of operation and maintenance manuals and record drawings
for completeness.
16. Ensure adequate owner training by overseeing contractor training program.
17. Prepare the final commissioning report. Include in the report a summary of the
commissioning process, all test procedures and data forms, an evaluation of the
systems operation, noted discrepancies, resolutions, and any unresolved items.
18. Complete Commissioning Certificate of Compliance per WA state energy code
requirements.
Systems Included:
1. Heating, ventilating, and air conditioning systems
2. BuiJding automation systems
3. Plumbing systems
4. Electrical systems
5. Metering
Fee Pro po sal:
TEST COMM offers to petform the above stated scope of work on an hourly basis with a
guaranteed maximum price.
~ 2 -
Pasco FS #88 Commissionin g Proposal TESTCOMM. LL C
Total Guaranteed Maximum Price: $8000.00 (eight thousand dollars)
• Our hourly rate for commissioning on this project is $110.00.
• Incidental office expenses and office support staff are not billable.
Our terms are net 30 days from receipt of invoice. We expect progress payments as our
work proceeds.
We will provide a schedule of values prior to submitting the first payment request. The
cost for any additional work outside of the proposed scope will be negotiated.
We hope this proposal meets your needs and look forward to working with you on this
project.
~,0:C:,,7.
Jerry Ensminger
Manager
TESTCOMM, LLC
-3 -