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HomeMy WebLinkAbout10/06/2009 17 Decommission Sanitary Sewer Lift Stations; Collection System Services; PLSA Engineering and Surveying 0 BUSINESS OF THE CITY COUNCIL • YAKIMA, WASHINGTON i AGENDA STATEMENT Item No. *11 For Meeting of October 6, 2009 ITEM TITLE: A Resolution authorizing the City Manager to execute a Professional Services Agreement with PLSA Engineering and Surveying, in an amount not to exceed $120,000 to provide Engineering and Surveying services . for the City of Yakima's sanitary sewer collection system , SUBMITTED BY: Dave Zabell; Assistant City Manager Scott Schafer, Storm and Wastewater Division Manager Max Linden, Utility Engineer CONTACT PERSON/TELEPHONE: Max Linden / 575 -6077 SUMMARY EXPLANATION: , Major developments and new sanitary sewer trunk lines provide opportunities for the elimination and removal of several sewer lift stations. This will allow the existing older and expensive Lift Stations to be decommissioned and the service area they serve to be connected to the City's gravity sanitary sewer system. These are older lift stations and some do not meet our current lift 0 station standard design specifications and have been a maintenance and operational problem for many years. Frequent power outages require collection crews to transport a generator to the sites to resume operation and sewer overflows have occurred when power is not restored during higher flow periods. Surveying for collection system improvements, including new alignments, will also be required and need to be available throughout this agreement. The attached resolution authorizes the City Manager to execute the attached Professional Services Agreement with PLSA Engineering & Surveying to develop the Plans, Specifications and Estimate (PS&E) and provide surveying services required for collection system improvements and expansion. The attached draft agreement identifies the tasks and estimated costs for performing the PS &E and collection system surveying services, not to exceed $120,000.00. Resolution XX Ordinance Other (Specify) Contract XX Mail to (name and address) Phone: Funding Source: Wastewater Collection System Proiect Fund - 476 APPROVED FOR SUBMITTAL: ', N-`- 4 • CI Manager STAFF RECOMMENDATION: Adopt the resolution BOARD /COMMISSION /COMMITTEE RECOMMENDATION: COUNCIL ACTION: RESOLUTION NO. R -2009- A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a professional services agreement with PLSA Engineering and Surveying in an amount not to exceed $120,000.00 to provide Engineering services for decommissioning designated sanitary sewer lift stations and to provide surveying services for Collection system improvements WHEREAS, the City of Yakima desires to have plans, specifications and an estimate (PS &E) package developed to decommission designated lift stations as needed; and, WHEREAS, the City of Yakima will require professional surveying services for sanitary sewer system improvements to existing and new sanitary sewer lines; and, WHEREAS, the City maintains a roster of consultants whose statements of qualifications represent that they have the expertise necessary to perform the services required by the City; and, WHEREAS, the City Council has determined that it is in the best interest of the City to enter into a professional services agreement with a consultant selected from the roster for such expertise; now, therefore, 1111 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are authorized and directed to execute a professional services agreement in an amount not to exceed $120,000.00 for PLSA to provide Engineering services for decommissioning designated lift stations and for professional Surveying services required for collection system improvements, a copy of which agreement is attached hereto and incorporated by this reference.. ADOPTED BY THE CITY COUNCIL this 6 day of October, 2009 David Edler, Mayor ATTEST: City Clerk . CITY OF YAKIMA AND PLSA ENGINEERING AND SURVEYING PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement ") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City "), and PLSA Engineering and Surveying, a company licensed to do business in Washington (hereinafter the "Engineer"). WHEREAS, the City desires to retain the Engineer to provide surveying services, provide planning, engineering, design and construction support services for additions and modifications to the City of Yakima wastewater lift stations and collection system; and WHEREAS, the Engineer has the experience and expertise necessary to provide such independent engineering services and is willing to provide the services in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and the Engineer as follows: 1. Scope of Services. The Engineer shall develop a PS&E package for the removal of designated sanitary sewer Lift Stations and providing surveying services for collection system construction as needed. The scope of services is described in more ® detail in Exhibit "A" attached and incorporated by this reference. The City will direct the Engineer when to proceed with each Phase of the scope of work. 2. Term. The term of this Agreement shall commence upon execution hereof and shall terminate at midnight of December 30, 2012, unless terminated sooner by either party in accordance with Section 19. When directed by the City, the Engineer shall proceed in a timely and diligent manner to provide all services required hereunder. 3. Consideration. The City shall pay the Engineer for services rendered hereunder in accordance with the payment schedule set forth in Exhibit "B" attached and incorporated by this reference. Unless the parties otherwise modify this Agreement, the total compensation paid to the Engineer for all services provided under this Agreement shall not exceed One Hundred Twenty Thousand Dollars ($120,000.00). The Engineer shall submit to the City monthly invoices itemizing tasks accomplished and percent completed to date. Upon receipt of said monthly invoice, the City shall make payment to the Engineer within thirty (30) calendar days; provided, however, that all payments are expressly conditioned upon the Engineer's providing services that are satisfactory to the City. The Engineer shall maintain adequate files and records to substantiate all amounts itemized on the monthly invoices. In the event that either party exercises its right to terminate this Agreement in accordance with Section 18, the Engineer shall be compensated in accordance with the above terms for all satisfactory services provided to the City up to the effective Agreement termination date. 4. Information Provided by the City. The Engineer shall provide guidance to the City in determining the data required for purposes of the contemplated services. The Page 1 of 6 City of Yakima and PLSA Engineering and Surveying - Professional Services Agreement City agrees to use reasonable efforts to provide data and information specifically requested by the Engineer. 5. Status of Engineer. The Engineer and the City understand and expressly agree that the Engineer is an independent contractor in the performance of each and every part of this Agreement. No officer, employee, volunteer and /or agent of Engineer shall act on behalf of or represent him or herself as an agent or representative of the City. The Engineer, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The Engineer expressly represents, warrants and agrees that its status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the six -part independent contractor test set forth in RCW 51.08.195. The Engineer and its officers, employees, volunteers, agents and/or subcontractors shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and /or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between the Engineer and the City. 6. Inspection and Audit. The Engineer shall maintain books, accounts, records, documents and other evidence pertaining to the costs and expenses allowable and consideration paid under this Agreement in accordance with generally accepted accounting practices. All such books of account and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and/or the Washington State Auditor at all reasonable times and the Engineer shall afford the proper facilities for such inspection and audit Such books of account and records may be copied by representatives of the City and/or the Washington State Auditor where necessary to conduct or document an audit. The Engineer shall preserve and make available all such books of account and records for a period of three (3) years after final payment under this Agreement. 7. Taxes and Assessments. The Engineer shall be solely responsible for compensating its employees, agents, and/or subcontractors and for paying all related taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, the Engineer shall pay the same before it becomes due. 8. Nondiscrimination Provision. During the performance of this Agreement, Engineer shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training and the provision of services under this Agreement 9. The Americans with Disabilities Act. The Engineer shall comply with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its 0 Page 2 of 6 City of Yakima and PLSA Engineering and Surveying - Professional Services Agreement 411 implementing regulations and Washington State's anti - discrimination law as contained in RCW Chapter 49.60 and its implementing regulations with regard to the activities and services provided pursuant to this Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services and telecommunications. 10. Compliance with Law. The Engineer agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any govemmental agency or regulatory body, whether federal, state, local or otherwise. 11. No Conflict of Interest. The Engineer covenants that neither it nor its employees have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. The Engineer further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 12. No Insurance. It is understood the City does not maintain liability insurance for the Engineer and its officers, directors, employees and agents. 13. Indemnification. a. The Engineer agrees to hold harmless and indemnify the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, ill claims, liability, damages, judgments, costs of defense and expenses (including reasonable attomey's fees) which result from or arise out of the negligence of the Engineer, its officers, agents, employees or subcontractors in connection with or incidental to the performance or non - performance of this Agreement. b. The City agrees to hold harmless and indemnify the Engineer, its officers, employees, and agents, from and against any and all suits, actions, claims, liability, damages, judgments, costs of defense and expenses (including reasonable attomey's fees) which result from or arise out of the negligence of the City, its officers, agents, employees or subcontractors, in connection with or incidental to the performance or non - performance of this Agreement. c. In the event that both the Engineer and the City are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attomey's fees). d. The foregoing indemnity is specifically and expressly intended to constitute a waiver of the Engineer's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the Engineer's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. e. Nothing contained in this Section or this Agreement shall be construed• to create a liability or a right of indemnification in any third party. f. This Section of the Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. Page3of6 City of Yakima and PLSA Engineering and Surveying - Professional Services Agreement 14. Insurance Provided by Engineer. a. Professional Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance as evidence of professional liability coverage with a Limit of at least Two Million Dollars ($2,000,000.00) for each wrongful act and an annual aggregate limit of at least Two Million Dollars ($2,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If the policy is on a claim made basis, the retroactive date of the insurance policy shall be on or before the date this contract is executed by both parties hereto, or shall provide full prior acts coverage. The insurance coverage or substantially identical coverage sufficient to fully satisfy these requirements shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement b. Commercial Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence/aggregate limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insured as to this project only and shall contain a clause that the insurer will not cancel or reduce in limits 410 the insurance without first giving the City thirty (30) calendar days' prior written notice. The insurance shall be with an insurance company or a company rated A -VII or higher in Best's Guide and admitted in the State of Washington. c. Commercial Automobile Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence /aggregate limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insured as to this project only and shall contain a clause that . the insurer will not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar days' prior written notice. The insurance shall be with an insurance company or a company rated A -VII or higher in Best's Guide and admitted in the State of Washington. d. Insurance Provided by Subcontractors. The Engineer shall ensure that all subcontractors it utilizes for work/services required under this Agreement shall comply with all of the above insurance requirements. However, professional liability will not be required unless the subcontractor is involved in design or engineering services. 15. Delegation of Professional Services. The services provided for herein shall be performed by the Engineer and no person other than regular associates or employees of Page 4 of 6 City of Yakima and PLSA Engineering and Surveying - Professional Services Agreement the Engineer shall be engaged upon such work or services except upon written approval of the City. 16. Assignment. This Agreement, or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by the Engineer to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations and liabilities of the Engineer stated herein. 17. Waiver of Breach. A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 18. Dispute Resolution. The parties shall strive to resolve all disputes through negotiation in good faith as the preferred approach to dispute resolution and may consider mediation as a supplement or altemative where mutually agreed to in writing. 19. Termination. Either party may terminate this Agreement at any time, with or without cause, by providing the other party with written notice of termination ten (10) • calendar days prior to the termination date. 20. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 21. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: TO CITY: Max Linden, Utility Engineer Wastewater Division 2220 East Viola Yakima, WA 98901 TO ENGINEER: PLSA Engineering & Surveying Richard L. Wehr, P.L.S., Survey Manager 1120 West Lincoln Avenue Yakima, Washington 98902 Or to such other addresses as the parties may hereafter designate in writing. Notices and /or demands shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. Page5of6 City of Yakima and PLSA Engineering and Surveying - Professional Services Agreement 22. Third Parties. The City and the Engineer are the only parties to this Agreement lb and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any right or benefit, whether directly or indirectly or otherwise, to third persons. 23. Drafting of Agreement. Both the City and the Engineer have participated in the drafting of this Agreement. As such, it is agreed by the parties that the general contract rule of law that ambiguities within a contract shall be construed against the drafter of a contract shall have no application to any legal proceeding, arbitration and /or action in which this Agreement and its terms and conditions are being interpreted and /or enforced. 24. Integration. This written document constitutes the entire Agreement between the City and the Engineer. There are no other oral or written agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 25. Governing Law. This Agreement shall be govemed by and construed in accordance with the laws of the State of Washington. 26. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 27. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement CITY OF YAKIMA PLSA ENGINEERING & SURVEYING By: By: R. A. Zais, Jr., City Manager Richard L. Wehr, P.L.S. Survey Manager Date: Date: ATTEST: Deborah Kloster, City Clerk City Contract No. City Resolution No. O Page6of6 City of Yakima and PLSA Engineering and Surveying - Professional Services Agreement 411 EXHIBIT A Scope of Services The basic services for this agreement are to provide engineering services to the City of Yakima for elimination of designated lift stations and to provide the required surveying services for collection system design and construction as needed. The scope of work will be divided into four Phases. The City will direct the Engineer when to proceed with each phase of work and PLSA will be given approval or not to begin the next or another Phase of work. PLSA's scope of work for the City of Yakima's Lift Station demolition will include preliminary surveying, project evaluation, design, drawings, special provisions and cost estimates. Project management, coordination, QA/QC, construction staking and administration and invoicing is also included. A detailed scope of work follows:. PHASE 1 - Evaluation and Preliminary Design Task 1.1: • Evaluate options to eliminate designated Lift Stations and connect its' existing sanitary services to new or existing gravity sanitary sewer. • Conduct preliminary topographic survey of project site to determine existing site conditions. • Coordination for developing any required agreements to accomplish the projects. • Task 1.2: • Prepare preliminary design drawings. PHASE 2 - Design Drawings and Probable Cost Task 2.1: • Prepare design drawings, special provisions and estimate of probable cost for 50% completion review. • Incorporate City review comments and prepare 95% completion review submittal. Task 2.2: • Develop final design plan drawings and special provisions. • Provide one full size and one half -size set of plan drawings, together with an electronic file of the plan drawings in Auto CAD format. • Provide one set of special provisions in hard copy, and an electronic file thereof. Task 2.3: • Prepare final estimate of probable cost. PHASE 3 - Preparation of Bid Documents and Construction Management Task 3.1: • Prepare necessary bid documents and addenda to the design documents. • Provide assistance to the City during the bidding process, including attendance at a pre - bid meeting. Task 3.2: • Provide construction management services during the removal of the lift station and reconnection to the new or existing gravity system. • Provide construction inspection. • Provide material compaction testing. • Prepare periodic pay estimates. • Provide general permitting over site. • Provide construction staking and layout. • Prepare record drawings. PHASE 4 — Provide Professional Surveying Services as Needed for Collection System Design and construction Task 4.1: • Provide coordination for developing any required agreements to accomplish the projects. • Conduct preliminary topographic survey of project site to determine existing site conditions and proposed route. • Request utility providers to mark any underground utilities. • Establish vertical (elevation) control and set site benchmarks used for the previous work at the VWVTP. • Establish horizontal control. • Survey cross- sections along proposed pipeline route at approximate 50 -foot intervals. • Locate, tie, and gather elevation data (where applicable) of existing sanitary sewer, storm drains, water valves, hydrants, fences, utility poles, field drains and other underground utilities, as evident or marked by utility providers. • Reduce, calculate, and computer plot field information. Task 4.2: (optional) • Drafting of Topographic Survey Information onto Base Map and overlay with Aerial Mapping and field check. • Establish Right of way and property lines on Base Map. • Any property comers found will be noted on the topographic map. Search for comers will be limited to a minimum required to reasonably estimate street right -of -ways along the route. • Develop one -foot contour lines. • Field check topographic mapping. Task 4.3: • Replacement of lost or damaged monuments due to construction is responsibility of Contractor and is not included in this proposal.