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HomeMy WebLinkAboutProfessional Services Agreement for Engineering Services with Keller Assoc for Boise River Outfall ImprovementsAGREEMENT FOR ENGINEERING SERVICES In Association with Predesign, Design, and Construction of Boise River Outfall Improvements Between CITY OF MERIDIAN, IDAHO and KELLER ASSOCIATES, INC. K.A. No. 102022 This Agreement is made and entered into between the City of Meridian, Idaho (herein called OWNER) and Keller Associates, Inc. (herein called CONSULTANT) this day of , 2002. In consideration of the mutual promises herein contained, the OWNER and the CONSULTANT agree as follows: 1. Scope of Services During the terms of this Agreement, CONSULTANT shall furnish to the OWNER, Predesign, Design, and Construction Engineering services as set forth in Attachment A, attached hereto, and made a part hereof. Such services shall be performed by individuals as employees of CONSULTANT, an independent Contractor, and not as employees of the OWNER. 2. Period of Agreement The Agreement shall commence on the first above written date and terminate upon completion of construction. Due to liaison required with government agencies, it is uncertain what the contract duration may be at this time. 3. Payment Rates and Billing 3.1 As compensation for Predesign, Design and Construction Engineering Services to be performed by CONSULTANT, the OWNER will pay CONSULTANT as indicated in the Attachment B attached hereto. OWNER shall not have any liability for any other expenses or costs incurred by CONSULTANT, unless otherwise provided in the Attachment or authorized by the OWNER. 3.2 CONSULTANT shall keep accurate records of the time expended. Payment for services performed by CONSULTANT shall be made at the end of each month upon the submission by CONSULTANT of invoices or time statements to the OWNER. Invoices submitted by CONSULTANT will: A. Accurately describe services rendered during the invoice period, including respective dates of performance and any reports submitted. B. Identify any other authorized expense incurred hereunder; and ioao22ivo2-~ so C. Make reference to this Agreement (Keller Associates' project number) or otherwise identify the invoice in such a manner as the OWNER may reasonably require. 3.3 The CONSULTANT shall not take any action hereunder which could cause the amount for which OWNER would be obligated to CONSULTANT to exceed the sum of the fees defined in the Attachment provided, however, that this sum may be increased or decreased from time to time by the OWNER in writing if extra work is required or the scope of work is adjusted for any reason. For other than lump sum (fixed fee) agreements, CONSULTANT shall advise the OWNER in writing when costs incurred under this Agreement are equal to seventy-five percent (75%) of the aforesaid sum. 4. Data CONSULTANT agrees that all data and information such as designs, drawings, reports, blueprints, and the like generated in the performance of this Agreement and data and information which are specific to be delivered or which are, in fact, delivered pursuant to this Agreement shall be and remain the sole property of OWNER. CONSULTANT shall deliver all data and information to the OWNER upon OWNER's request, and shall be fully responsible for the care and protection thereof until such delivery. Except as otherwise provided in this Agreement, said documents shall be delivered to OWNER without additional costs to OWNER. 5. Termination The OWNER and CONSULTANT may terminate this Agreement in whole or in part at any time by giving 30 days written notice thereof. Upon said termination, CONSULTANT will be reimbursed for that portion of the work satisfactorily completed prior to termination and shall be entitled to negotiated damages. 6. Chi The OWNER, within the general scope of this Agreement, may at any time, by written notice to CONSULTANT, issue additional instructions, require additional services, or direct the omission of services covered by this Agreement. In such event, there will be made an equitable adjustment in price and time of performance, but any claim by either party for such an adjustment must be made within thirty (30) days of the receipt of said written notice. 7. Compliance with Laws To the extent applicable hereto, CONSULTANT shall in the performance of this Agreement comply with all Federal, State, and local laws, all regulations and orders issued under any applicable law, and all State regulations. 8. Standards All services hereunder shall be performed by employees or agents of CONSULTANT who are experienced and highly skilled in their professions and in accordance with the standards of workmanship in their professions. CONSULTANT warrants that its findings, recommendations, and professional advice shall be based on practices and procedures, customarily used in its io2o22nio2- ~ so profession, and asserts it will employ the current state-of--the-art and accepted standard industry practice in performing the services defined herein. 9. Records The OWNER and, if the services are to be performed hereunder relate to a Federal or State Government Contract, the Comptroller General of the United States, and the Department or Agency of the Government having cognizance over said prime Contract, and any of their duly authorized representatives, shall, until the expiration of 3 years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of CONSULTANT involving transactions related to this Agreement. 10. Gratuities CONSULTANT warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities to OWNER's employees, agents, or representatives with a view toward securing this Agreement or securing favorable treatment with respect thereto. 11. Insurance CONSULTANT shall provide professional liability indemnification to protect the OWNER and granting agencies from CONSULTANT'S negligent acts and errors of omission of a professional nature. CONSULTANT and subconsultants shall maintain workman's compensation insurance and shall furnish a certification of insurance. 12. Owner Furnished Services The following services will be provided by the OWNER as part of this project: a. Provide drawings of existing site facility locations, piping and mechanical and electrical information as available. b. Provide other necessary services not included in CONSULTANT's Scope of Work if needed for this project, unless additional services are requested of CONSULTANT by the OWNER at an increase in cost. 102022/] /02-150 In Witness Whereof, the parties hereto have executed this Agreement as of the date first above written. CLIENT• Y OF MERIDIAN By: r Bert D. Corrie Title: Mayor Attested: William G. Berg Jr. BY; v Approved By City Cour~il: Date: S CONSULTANT: KELLER ASSOCIATES, INC. ,:.~,,.. ~: :' ;r., . ~,, `' •~. ~p~ ~:: ~: ~~~ ~ Yh1 x •~ a, By. ./ i % es L. Keller Title: President -Project Manager Attested: Dennis M. Suihkonen By: ~.-ti.~,~ m ~V Title: Project Engineer t o2o22ivo2- t so CITY OF MERIDIAN BOISE RIVER OUTFACE IMPROVEMENTS -ATTACHMENT A ~~~ ~ APRIL 2002 ENGINEERING PROPOSAL -INTRODUCTION The City of Meridian wastewater treatment plant has two alternative points of discharge, either to Five Mile Creek or to the Boise River at the Linder Street Bridge. The Boise River discharge is rarely used, as a result of the last change in the plant's NPDES permit; however, more frequent or continuous discharge to the Boise River may occur in the future. The existing outfall is a 14-inch pipe buried approximately 4-5 feet deep, extending across three quarters of the river channel, with three 6-inch ports extending up into the flow stream. The existing Boise River outfall design is such that it is susceptible to plugging from sedimentation and is very difficult to clean, since it is blind flanged on one end. The City desires to improve the outfall so that sedimentation is minimized and cleaning is more easily accomplished. The size of the outfall may also need to be increased to be able to meet future wastewater flow conditions. SCOPE OF WORK Predesign/Agency Coordination Improvements to the existing Meridian Boise River Outfall are highly dependent upon existing site conditions and agency operational and construction constraints that may be imposed. Therefore, this scope of services includes the following preliminary design consideration permitting process, prior to proceeding with any final design. These tasks are now outlined below: 1. Field Review and Channel Cross-Sections: The CONSULTANT will do a field inspection of the outfall area with City personnel and will also complete necessary channel topography that may be needed for preliminary and final design. This field inventory will take special note of the river channel materials, bank stability, erosion, and potential river channel and bank disruptions that may result from repair of the existing outfall line or construction of a new diffuser system. 2. Development of Preliminary Outfall Concepts: The CONSULTANT, working hand in hand with OWNER staff members, will develop several concepts that potentially might be employed to improve the river diffuser system. These concepts might be, but are not limited to: INTRODUCTION SCOPE OF WORK Attachment A - 02-150 1 CITY OF MERIDIAN I ~o j{ BOISE RIVER OUTFACE IMPROVEMENTS -ATTACHMENT A APRIL 2002 a. Repairing the existing diffuser system, with the addition of screens and/or drain rock and filter fabric. b. Extension of the existing diffuser pipeline across the river with the addition of an additional cleanout. This alternative might include the development of the extended pipe with drain rock, filter fabric, and perforated pipe. c. Plugging the existing ports and drilling small diameter holes in the existing pipe, in conjunction with the addition of drain rock and filter fabric. d. Development of a new, larger diameter diffuser system with manhole cleanouts on both sides of the river. 3. Initial Agency Communication: With the preliminary concepts in hand, the CONSULTANT, along with the OWNER, will meet initially with the Corps of Engineers (Corps), most likely at an onsite tour, to determine the Corps' issues and also a procedure for approval of the permit for either maintenance repair or complete new diffuser construction. After meeting with the Corps to determine the sensitivity of this construction relating to disruption of the river channel, the CONSULTANT, with the OWNER's representative, will also initiate contact with DEQ to determine the environmental issues and new requirements that may be imposed upon the implementation of changes to the existing outfall system, and/or the installation of a new and larger diffuser facility. 4. Concept Decision: After receiving input from the agencies concerning the various outfall improvement alternatives, with any associated environmental mitigation and construction requirements, the CONSULTANT will prepare preliminary layouts and cost estimates for the most promising concepts for improving the existing river outfall. With this information, a decision will then be made as to the most promising outfall concept. This outfall concept will then be developed with more detailed layout drawings and sketches for preliminary review with the approval agencies. 5. Final Agency Coordination and Approval: The CONSULTANT will arrange a final agency input meeting to review the most promising outfall improvement concept. This agency coordination meeting would include Corps of Engineers, US Fish and Wildlife Services, Idaho Fish and Game, DEQ, and EPA. The final definition of all permitting, environmental, and river water quality issues would be flushed out as part of this meeting in preparation Attachment A - 02-150 2 CITY OF MERIDIAN I 1~° j{E BOISE RIVER OUTFACE IMPROVEMENTS -ATTACHMENT A APRIL 2002 for a Corps 404 Permit for actual construction of the recommended facilities. 6. Predesig_n Report: The CONSULTANT will prepare a letter report summarizing the steps that need to be taken to implement the new river outfall improvements and detailing the sketches and estimate of most probable cost for the preferred outfall concept improvements. This predesign letter report will outline the permits required, and will outline the need for any environmental assessments, river mixing zone analyses, and other specific construction constraints that may be required before a final Corps 404 Permit for actual construction could be issued. This predesign report will, therefore, define how the OWNER should proceed, and will be the basis, then, for developing an engineering budget for final Corps 404 Permit submittal, final plans and specification preparation, and for any other required environmental or water quality studies. DESIGN/CONSTRUCTION SERVICES The scope of work for design and construction engineering services will be developed and will include actual permit preparation, environmental assessments, river mixing zone analyses, and other items as required by DEQ and the Corps of Engineers, after the predesign report has been completed and agency input and reviews have been obtained. Attachment A - 02-150 3 CITY OF MERIDIAN BOISE RIVER OUTFACE IMPROVEMENTS -ATTACHMENT B ~~~ ~ APRIL 2002 CONSULTANT COMPENSATION Predesign/Agency Coordination The CONSULTANT will be compensated on an hourly rate basis according to the attached billing rate schedule for each hour each employee works on the project. The following budget will not be exceeded without prior authorization by the OWNER. The budget for the Predesign/Agency Coordination services shall not exceed Fourteen Thousand Dollars ($14,000.00). Any other predesign and agency coordination services that have not been defined in Attachment A, will be provide by the CONSULTANT on an hourly rate basis as requested in writing by the OWNER. Design/Construction Services Compensation for design and construction services for this project will be negotiated after the Predesign Report and Agency Coordination tasks have been completed, and an actual scope of work for design and construction services can be defined. Notice to Proceed The CONSULTANT will proceed once the CONSULTANT has received authorization to proceed through a singed contract. The CONSULTANT shall then immediately schedule a field walk-through and predesign meeting with the OWNER, and will then proceed as expeditiously as possible with the Predesign/Agency Coordination tasks as outlined in Attachment A. It is anticipated that this predesign phase could be completed within 60 days, depending upon the availability of agency representatives. Basis of Payment The OWNER will be invoiced on, or before, the fourth of each month for the total amount of work completed in the previous month. The amount invoiced shall reflect the percentage of the job that is complete, and shall reflect actual hours worked for the hourly rate pay items as set forth in the scope of work and compensation sections. Payment shall be made by the OWNER to CONSULTANT within 30 days of the date of the invoice. CONSULTANT COMPENSATION Attachment B - 02-150 1 Attachment B - 02- l50