HomeMy WebLinkAbout05/17/2011 09 Wastewater Division Engineering and Surveying Services Agreement with PLSA Engineering and Surveying BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4g
For Meeting of May 17, 2011
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
$150,000 to provide Engineering and Surveying Services for the City of Yakima's
sanitary sewer and storm water collection systems for the Wastewater Division.
SUBMITTED BY: Chris Waarvick; Public Works Director
Scott Schafer, Wastewater Division Manager
Shelley Willson, Utility Engineer
CONTACT PERSON/TELEPHONE: Shelley Willson/ 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
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 both sanitary sewer and storm collection system improvements,
including new alignments, will also be required and need to be available through out 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 Agreement identifies the tasks and estimated costs for performing the
PS &E and collection system surveying services, not to exceed One Hundred Fifty Thousand
Dollars ($150,000).
Resolution XX Ordinance Contract XX Other (Specify)
Funding Source: Wastewater Collection System Project Fund - 476 and Stormwater Fund — 442
APPROVED FOR SUBMITTAL:
y Manager
STAFF RECOMMENDATION: Staff respectfully requests City Council to approve the Resolution.
BOARD /COMMISSION /COMMITTEE RECOMMENDATION:
COUNCIL ACTION:
•
RESOL NO. R — 2011 -
A RESOLUTION authorizing and directing t he City Manager to execute a Professional
Services Agreement with PLSA Engineering and Surveying in an
amount not to exceed $150,000 to provide Engineering Services for
decommissioning designated sanitary sewer Lift Stations and to
provide Surveying Services for sanitary sewer and storm collection
system improvements for the Wastewater Division.
WHEREAS, the City of Yakima (City) desires to have Plans, Specifications and an
Estimate (PS &E) package developed to decommission designated Lift Stations; and,
WHEREAS, the City will require Professional Surveying Services for its sanitary
sewer and stormwater collection system improvements; and,
WHEREAS, the City maintains a roster of consultants whose Statements of
Qualifications represent that they have the expertise necessary to perform such 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,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the Engineering Services
Agreement with PSLA Engineering and Surveying to provide Engineering Services for
decommissioning designated Lift Stations and for Professional Surveying Services
required for sanitary and storm collection system improvements for the Wastewater
Division not to exceed One Hundred Fifty Thousand Dollars ($150,000); a copy of which
Agreement is attached hereto and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 17th day of May, 2011
Micah Cawley, Mayor
ATTEST:
City Clerk
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4101=LSA ENGINEERING & SURVEYING
BRADLEY J. CARD, P.E. LOUIE W. W1SHERT, JR., PLS
DALE R. NOBEL P.E. RICHARD L WEHR, PLS
SCOTT GARLAND, P.E. JOSEPH W. BAKER, PLS
PLSA HOURLY RATES
2011
Principal Engineer $100.00 to 120.00
Senior Engineer 85.00 to 110.00
Civil Engineer 80.00 to 90.00.
Senior Engineering Technician 65.00 to 85.00
Engineering Technician 60.00 to 70.00
Support Technician 50.00 to 65.00
Const. Quality Control Technician 65.00
Principal Surveyor 95.00 to 115.00
Project Surveyor 75.00 to 95.00
Survey Technician 1 85.00 to 95.00
Survey Technician II 75.00 to 85.00
Survey Technician III 50.00 to 75.00
CAD Drafter 55.00 to 70.00
Survey Crew (2 man) 150.00 to 175.00
Survey Crew (3 man) 210.00 to 235.00
RTK GPS Survey Equipment 75.00
Per Diem Rate 90.00 (per man/per day)
These hourly rates include all equipment, supplies, and mileage to complete a
project. Per Diem is paid in lieu of an hourly rate when the length of travel to
a job requires more than 1 hour of travel time each way.
1120 West Lincoln Avenue • Yakima, Washington 98902 • (509) 575 -6990 • FAX (509) 575 -6993
PROFESSIONAL
SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT hereinafter "Agreement") ( 9 ) 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, storm water system and sanitary sewer collection
system.
WHEREAS, the Engineer has the experience and expertise necessary to provide said
independent engineering services and is willing to provide such 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
planning and construction as needed. The scope of services is described in more detail in the
attached Exhibit "A." 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, 2013, unless terminated sooner by either party in
accordance with Section 18. 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 attached and incorporated Exhibit "B." 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 and fifty thousand
dollars ($150,000). 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 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 0
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 0
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, the Engineer
shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital
status, political affiliation, or the presence of any sensory, mental or physical handicap. 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 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 governmental agency or regulatory body, whether
federal, state, local, or otherwise.
11. No Conflict of Interest. 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, claims, liability,
damages, judgments, costs of defense and expenses (including reasonable attorney'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 attorney'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 attorney'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.
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 One Million Dollars ($1,000,000.00) for each
wrongful act and an annual aggregate limit of at least One Million Dollars ($1,000,000.00). 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 0
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.
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.
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 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. 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.
19. 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.
20. 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: Shelley Willson, Utility Engineer
Wastewater Division
2220 East Viola 0 .
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.
21. Third Parties. The City and the Engineer are the only parties to this Agreement 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.
22. 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.
23. 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.
24. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington.
25. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
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26. 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
A Washington Corporation
By: By:
R. A. Zais, Jr., City Manager Richard L. Wehr, P.L.S.A. Survey Manager
Date: Date:
ATTEST:
Deborah Kloster, City Clerk
City Contract No.
City Resolution No.
EXHIBIT A
Scope of Services -
The basic Services for this Agreement are to provide Engineering Services to the City of
Yakima, elimination of designated lift stations and to provide the required Surveying
Services for collection system design and construction as needed. Provide bid and
construction management services to eliminate Carriage Hill Lift Station and the ability to
cross the Congdon Canal with sanitary sewer and connect to future gravity sewer in the
Toscana development. The Scope of Work will be divided into four Phases. The City
will direct the Engineer as to when to proceed with each Phase of Work. 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.
411 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:
0
• 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 1.1:
• Provide coordination for developing any required agreements to accomplish the
projects.
• Conduct preliminary topographic survey of project site to determine existing site
conditions..
• Request utility providers to mark any underground utilities.
• Establish vertical (elevation) control, and set site benchmarks used for the
previous work at the VVV TP.
• 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.
• Any property corners found will be noted on the topographic map. Search for
corners 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.
• Replacement of lost or damaged monuments due to construction is responsibility
of Contractor and is not included in this proposal.