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HomeMy WebLinkAboutJUB Engineers - Grimmway Connection to Columbia East Lift Station (Agreement No. 20-033)PROFESSIONAL SERVICES AGREEMENT 20103 — Grimmway Connection to Columbia East Lift Station Agreement No. 20-033 THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as "City", and J -U -B Engineers, Inc., hereinafter referred to as "Consultant," on the �2g day of AL , 2020. 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 detailed in [Exhibit A], attached hereto and incorporated herein (the "Project"). 2. Term. This Project shall begin on the execution date listed above and promptly be completed by 12/31/2020. 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 — J -U -B Engineers, Inc. Agreement No. 20-033 Grimmway Connection to Columbia East Lift Station Page 1 of 9 issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 3.4 The City shall pay the Consultant for all work performed and expenses incurred under this Agreement, as follows. ® Hourly (Multiple Rate): Such rates as identified within [Exhibit A], plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $48,600.00 without the prior written authorization by the City. 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. Professional Services Agreement — J -U -B Engineers, Inc. Agreement No. 20-033 Grimmway Connection to Columbia East Lift Station Page 2 of 9 5. Ownership and Use of Documents. 5.1 All research, tests, surveys, preliminary data, information, drawings and documents made, collected, or prepared by the Consultant for performing the services subject to this Agreement, as well as any final product, collectively referred to as "work product," shall be deemed as the exclusive property of the 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. 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, Professional Services Agreement — J -U -B Engineers, Inc. Agreement No. 20-033 Grimmway Connection to Columbia East Lift Station Page 3 of 9 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. Independent 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 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, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 8.2 However, 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 Professional Services Agreement — J -U -B Engineers, Inc. Agreement No. 20-033 Grimmway Connection to Columbia East Lift Station Page 4 of 9 of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant, and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8.3 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.4 This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant's delayed or failed performance of Section 6 above. 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. The Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types and coverage described below: 9.1.1 Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 9.1.2 Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 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. Minimum Amounts of Insurance. insurance limits: Consultant shall maintain the following Professional Services Agreement — J -U -B Engineers, Inc. Agreement No. 20-033 Grimmway Connection to Columbia East Lift Station Page 5 of 9 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: ® $2,000,000 each occurrence; and ® $2,000,000 general aggregate; 9.2.3 Professional Liability insurance shall be written with limits no less than: ® $2,000,000 per claim; and ® $2,000,000 policy aggregate limit; 9.3 Other Insurance Provision. The Consultant's Automobile Liability, Professional Liability, and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 9.3.1 The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Consultant (policy holder), who shall immediately notify the City. 9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 9.5 Verification of Coverage. Consultant shall furnish the 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 Agreement before commencement of the work. 9.6 Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation within two (2) business days of their receipt of such notice. 9.7 City Full Availability of Consultant Limits. If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant. Professional Services Agreement — J -U -B Engineers, Inc. Agreement No. 20-033 Grimmway Connection to Columbia East Lift Station Page 6 of 9 9.8 Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five (5) business days notice to the Consultant to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 10. Nondiscrimination. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment in the performance of this Agreement without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, State and Federal laws prohibiting discrimination in employment. 11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any company, person or firm, other than a bona fide employee working exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement. 12. Assi nment and Subcontractin . 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. Professional Services Agreement — J -U -B Engineers, Inc. Agreement No. 20-033 Grimmway Connection to Columbia East Lift Station Page 7 of 9 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; or 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: Steve M. Worley, P.E, or his/her designee Public Works Director 525 North 3rd PO Box 293 Pasco WA 99301 WorlgySApasco-wa.gov (e-mail address) 14.3.2 For the Consultant: Alex Fazzari, P.E, or his/her designee Project Manager 2810 West Clearwater Ave, Suite 201 Kennewick, WA 99336 afazzari[cejub.com (e-mail address) 15. Dispute Resolution. Professional Services Agreement — J -U -B Engineers, Inc. Agreement No. 20-033 Grimmway Connection to Columbia East Lift Station Page 8 of 9 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. 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 consists in its entirety of this document and any exhibits, schedules or attachments. 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 date first written above. A eurXTr_TnV. APPROVED AS TO FORIM: Kerr Fuson Law, PLLC, City Attorney CONSULTANT Alex J. Fazzari, Project Manager Professional Services Agreement — J -U-13 Engineers, Inc. Agreement No. 20-033 Grimmway Connection to Columbia Past Lift Station Page 9 of 9 EXHIBIT A C JUB.) J -U -B ENGINEERS, INC. J -U -B ENGINEERS, Inc. AGREEMENT FOR PROFESSIONAL SERVICES Attachment 1 — Scope of Services, Basis of Fee, and Schedule PROJECT NAME: Grimmway Sewer Connection Modifications CLIENT: City of Pasco J -U -B PROJECT NUMBER: 30-20-059 ATTACHMENT TO: ® AGREEMENT DATED: The referenced Agreement for Professional Services executed between J -U -B ENGINEERS, Inc. (J -U -B) and the CLIENT includes the following provisions regarding the Scope of Services, Basis of Fee, and/or Schedule: PART 1 - PROJECT UNDERSTANDING J -U -B's understanding of this project's history and CLIENT's general intent and scope of the project are described as follows: Currently Grimmway Farm's sanitary sewer and industrial process wastewater are conveyed to the City of Pasco's Kahlotus Lift Station which is located approximately 200 -LF south of Grimmway Farms Equalization Pond at the intersection of Commercial Ave. and Kahlotus Rd. The City of Pasco desires to separate the sanitary sewer from the industrial process wastewater and re -direct the process wastewater from Grimmway Farms to the Columbia East Lift Station, which is located adjacent to the Kahlotus Lift Station. Grimmway sanitary sewer flows will continue to be directed to the City's Kahlotus Lift Station. The City desires J -U -B to design the gravity process wastewater pipe to the Columbia East Lift Station and the gravity sanitary sewer pipe to the Kahlotus Lift Station. This includes permitting the project through the City of Pasco. The construction project is anticipated to be bid and awarded by the City of Pasco. PART 2 - SCOPE OF SERVICES BY J -U -B J -U -B's Services under this Agreement are limited to the following tasks. Any other items necessary to plan and implement the project, including but not limited to those specifically listed in PART 3, are the responsibility of CLIENT. A. Task 10: Project Management 1. Set up project into J -U -B's financial and record keeping systems for document retention and project controls. 2. Conduct project planning and risk assessment. 3. Coordinate quality assurance / quality control (QA/QC) processes. 4. Communicate and coordinate J -U -B team activities with kickoff and progress meetings as required. 5. Communicate and coordinate subconsultant activities under J -U -B, if necessary. 6. Regularly monitor project status, budget and schedule. 7. During periods of project activity, provide a regular report to CLIENT on project status, budget and schedule. 8. Provide a monthly invoice including budget status. 9. Provide ongoing document handling and filing. B. Task 20: QC Reviews 1. Conduct internal reviews at appropriate phases for quality control and assurance. J -U -B Agreement for Professional Services Attachment 1 — Scope of Services, Schedule, and Basis of Fee Page 1 C. Task 30: Preliminary Design 1. For this task, J -U -B will: a. Verify existing sanitary sewer and process water flows with Grimmway Farms. b. Identify proposed alignments for sanitary sewer and process water pipelines. c. Conduct workshop with the City and Grimmway to confirm design criteria and alignments Assumptions: i. One workshop with a site visit. ii. No additional flows besides Grimmway Farms will be included in the pipeline design. iii. No modifications to the existing Lift Stations are needed. e. Deliverables: i. Meeting agenda, materials, and notes. D. Task 40: Topographic Survey Subtask 02: Topographic Survey a. Utility locates will be called in for the project for the alignment between Grimmway and the Lift Station. b. Ground conditions, features, fences, structures, located utility paint marks, etc. will be mapped and tied to a coordinate system. c. Assumptions: i. Easement creation is not included. ii. Boundary survey is not included. d. Deliverables: AutoCAD Civil 3d file with Tin Surface, Feature Lines, Existing ground Contours, Vertical Datum and Basis of Bearing. ii. Point text file. E. Task 50: Sewer Pipe Design 1. Subtask 1: Draft Design a. J -U -B will proceed with plan development to the "Draft" stage based upon feedback from the preliminary design workshop. The Draft Plans will include detailed information with all potential work call outs. The plan set will be submitted electronically to the CLIENT. A preliminary listing of anticipated construction plan sheets is listed below. b. J -U -B will develop the specifications based on project requirements and conclusions of the preliminary design workshop. The specifications will be based on the latest City of Pasco Standard Specifications. CLIENT specifications will be incorporated as special provisions as well as project specific requirements. c. J -U -B will develop an initial Opinion of Probable Costs based preliminary design quantities. Estimates will be compared to historic bid records of CLIENT projects and J -U -B records. With each submittal the quantities and unit bid costs will be updated as necessary. d. J -U -B will develop full bidding documents compatible with City Standards. e. Assumptions: J -U -B Agreement for Professional Services Attachment 1 — Scope of Services, Schedule, and Basis of Fee Page 2 Since J -U -B has no control over the cost of labor, materials, equipment, or Services furnished by others, or over the contractor(s) methods of determining process, or over competitive bidding or market conditions, J -U -B's opinions of probable construction cost are to be made on the basis of J -U -B's experience and qualifications and represent J -U - B's best judgment as an experience and qualified profession engineering, familiar with the construction industry; but J -U -B cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from the opinions of probable cost prepared by J -U -B. J -U -B's services to modify the Project after plan approval will be considered Additional Services and would be addressed through an "amendment" to this agreement. The Draft cost estimate will include a 15% contingency. City review comments will be summarized/compiled by the City. Deliverables: i. Draft Plan Set (electronic in PDF and DWF format) (a) Cover, Location Map, and Sheet Index (b) Overall Site Plan (c) Plan and Profile Sheets (d) Details ii. Draft Contract and Special Provisions (electronic in PDF format) (a) Contract Documents (b) Special Provisions iii. Draft Preliminary Opinion of Probable Cost (electronic in PDF format) 2. Subtask 2: Final Design a. J -U -B will incorporate comments from the Draft Design submittal review and prepare final, bid -ready construction plans and Technical Specifications which are stamped and signed by the responsible engineer. J -U -B will prepare all bidding documents. b. Deliverables: i. Bid Tabulation (electronic in XLS format) H. Bid Contract Documents and Specifications (electronic in PDF format) iii. Final Construction Plan Set (electronic PDF and CAD/Civil 3D format) iv. Engineers Opinion of Probable Cost (electronic in PDF and XLS format) F. Task 60: Bid and Award Phase CLIENT will advertise the project and perform all Construction Administration services during the Bid & Award Phase. J -U -B will provide construction and design experts who worked on the project to be available in responding to CLIENT directed contractor questions during the bidding process. J -U -B will provide assistance during review of bids — as requested by CLIENT: a. Assumptions: i. CLIENT will advertise the project and lead all Construction Administration services during the Bid and Award Phase. ii. J -U -B will attend one pre-bid meeting. iii. J -U -B will prepare up to two addenda. b. Deliverables: i. General written and verbal correspondence. G. Task 70: Construction Phase Services Client will perform all Construction Administration and Observation services during the Construction Phase. J -U -B will provide design staff who worked on the project to be available to respond to Client - directed questions. The following tasks may be performed by J -U -B at the Client's request. 1. Subtask 1: Construction Contract Administration J -U -B Agreement for Professional Services Attachment 1— Scope of Services, Schedule, and Basis of Fee Page 3 a. Client will perform all Construction Contract Administration services. 2. Subtask 2: Pre -Construction Conference and Construction Progress Meetings a. J -U -B will attend and provide assistance during the pre -construction meeting, but will not attend construction progress meetings. b. Assumptions: i. One Pre -Construction Meeting. c. Deliverables: i. None. 3. Subtask 3: Submittals & RFIs a. J -U -B will review project submittals and RFIs presented by the Contractor for general conformance with the Contract Documents. b. Assumptions: i. Three (3) submittals are expected in addition to two (2) RFIs. c. Deliverables: i. Written comments on submittals and RFIs (electronic format) 4. Subtask 4: Clarifications and Interpretations, Field Orders, Change Orders, and Work Change Directives. a. J -U -B will provide assistance with Clarifications and Interpretations, Field Orders, Change Orders, and Work Change Directives as specifically requested by Client. 5. Subtask 5: Periodic Site Visits a. CLIENT will perform all Construction Observation services. Upon specific request by the Client, J -U -B will perform a site visit. b. Assumptions: i. One site visit. ii. During J -U -B's one (1) site visit, J -U -B shall spot check, selective sample, and provide similar methods of general observation of the Work based on J U B's exercise of professional judgment as assisted by the Client's Resident Project Representative. J -U- B shall summarize in writing if Work is proceeding in accordance with the Contract Documents. 6. Subtask 6: Construction Observation a. Client will perform all Construction Observation services. b. Assumptions: i. Client is performing all Construction Observation 7. Subtask 7: Equipment Testing, Start-up, and Commissioning a. Client will manage all equipment startup operations and testing to review items for general conformance to the project specifications. b. Assumptions: i. Contractor will perform under CLIENTS supervision/inspection all equipment testing, start-up, and commissioning. 8. Subtask 8: Punchlist & Closeout a. Client will identify any work that is incomplete or requires correction prior to achieving Substantial Completion. Client will prepare punchlist as necessary and review correction of deficient work. Client will provide a recommendation of Substantial Complete when, based on J -U -B Agreement for Professional Services Attachment 1—Scope of Services, Schedule, and Basis of Fee Page 4 Engineer's opinion, the project is ready for its intended use. Client will provide a recommendation of Final Completion of all incomplete or deficient work. b. Assumptions: i. Client is performing all punchlist and closeout. 9. Subtask 9: Record Drawings a. J -U -B will review record drawing information provided by others (contractor, Client, vendors/suppliers, etc.) and request additional information as considered necessary. Record surveying will not be completed. J -U -B will integrate record drawing information provided by others and Engineer's observations while on-site into a Record Drawing set. J -U -B will submit record drawings for Client's files (one copy). b. Assumptions: i. Electronic copy submission will be in PDF format. ii. Contractor will provide a set of red -lined Record Drawings of all completed work with appropriate pipe lengths and sizes, elevations (referenced from onsite TBM) and applicable specifications in a three (3) ring notebook of all completed work/specifications. c. Deliverables: i. Record Drawings PART 3 - WORK AND ADDITIONAL SERVICES A. CLIENT -Provided Work - CLIENT is responsible for completing, or authorizing others to complete, all tasks not specifically included above in PART 2 that may be required for the project including, but not limited to: 1. Coordination of project with Department of Ecology 2. Bid & Award Phase Services. 3. Construction Phase Services. 4. Plan approval from City of Pasco. B. Additional Services - CLIENT reserves the right to add future tasks for subsequent phases or related work to the scope of services upon mutual agreement of scope, additional fees, and schedule. These future tasks, to be added by amendment at a later date as Additional Services, may include: 1. Geotechnical Investigation — it is anticipated that a Geotechnical Investigation is not necessary for this project. 2. SEPA 3. Engineering Report PART 4 - BASIS OF FEE AND SCHEDULE OF SERVICES A. CLIENT shall pay J -U -B for the identified Services in PART 2 as follows: 1. For "not to exceed" fees: The portion of the "not to exceed" amount billed for J -U -B's services will be based upon J -U - B's estimate of the percentage of the total services actually completed during the billing period. 2. J -U -B may alter the distribution of compensation between individual tasks to be consistent with services actually rendered while "not to exceed" the total project amount. B. Period of Service: If the period of service for the task identified above is extended beyond 12 months, J -U -B shall submit in writing an "amendment" request to the City for additional compensation. C. CLIENT acknowledges that J -U -B will not be responsible for impacts to the schedule by actions of others over which J -U -B has no control. J -U -B Agreement for Professional Services Attachment 1 — Scope of Services, Schedule, and Basis of Fee Page 5 D. The following task/fee summary table summarizes the fees and anticipated schedule for the services identified in PART 2. Task/Fee Summary Table Task Task Name Fee Type Amount Anticipated Schedule Number 010 Project Management Not to Exceed $4,600 Concurrent with work progress 020 QC Reviews Not to Exceed $2,000 Concurrent with work progress 030 Preliminary Design Not to Exceed $5,300 Concurrent with work progress 040 Topographic Survey Not to Exceed $3,500 1 month after preliminary Sewer Pipe Design design workshop. 050 Not to Exceed $26,000 Draft for CLIENT review 1 month after survey. Final for bidding 1 month after receipt of comments on Draft. 060 Bid and Award Phase Not to Exceed $2,200 Concurrent with work progress 070 Construction Phase Not to Exceed $5,000 Concurrent with work progress Total: $48,600 For internal J -U -B use only: PROJECT LOCATION (STATE): Washington TYPE OF WORK: C_yt R&D: Yes GROUP: Water/Wastewater PROJECT DESCRIPTION(S): 1. Municipal/Utility Engineering (203) 2. Sewer/Wastewater Collection/Treatment/Disposal (SO4) J -U -B Agreement for Professional Services Attachment 1— Scope of Services, Schedule, and Basis of Fee Page 6