HomeMy WebLinkAboutProfessional Service Agreement with Centra Consulting for QLPE Plan Check Services~ ~~i~E IDIAN~-
Public ~ D A FI O
Narks Department
TO: Mayor Tammy de Weerd
Members of the City Council
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FROM: Scott Steckline
Land Development Supervisor
DATE: 12/1.(,/2009
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
SUBJECT: PROFESSIONAL SERVICE AGREEMENT between CENTRA Consulting
Inc., and the City' of Meridian with a not to exceed amount of $50,000.00 for
QLPE review of construction drawings as allowed in Idaho code I.C. 39-
118(2) (d).
I. RECOMMENDED ACTION
A. Move to:
1. Award the Professional Services Agreement between CENTRA Consulting
Inc., and the City of Meridian for QLPE of construction drawing services
with a not to exceed amount of $50,000.08; and
2. Authorize the Mayor to sign and the City Clerk to attest the Agreement.
II. DEPARTMENT CONTACT PERSONS
Tom Barry, Director of Public Works 4$9-0372
Bruce Freckleton, Development-Services Manager 489-1362
Scott Steckline, Land Development Supervisor 489-0369
III. DESCRIPTION
A. Background
As allowed for in Idaho LC. 39-118(2) (d), the City of Meridian Development
Services Division of the Public Works Department currently offers the outside
QLPE (Qualifies Licensed Professional Engineer) services to the development
community as an alternate to the required DEQ (Department of Environmental
Page 1 uj2
Quality) construction plan review process. The cost of this program is a pass
through cost to the developer. By offering this program the developer benefits
greatly by reducing the construction plan review time at DEQ.
IV. IMPACT
A. Strategic Impact:
This activity aligns with our Department's mission of providing timely and
effective construction plan review.
B. Fiscal Impact:
Project Costs
There is no cost to the City; This is a pass through cost that the Developer will
pay before receiving the QLPE services.
V. ALTERNATIVES
A. The City could choose not to approve the agreement. This action would result in
adding two or three weeks- to the constnzction plan review process for
developers.
Approved for Council Agenda: l2 -/ `"~q
Bru r c eton, Development Services Manager Date
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Page 2 of 1
AGREEMENT
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this Stn
day of December, 2009, and entered into by and between the City of Meridian, a
municipal corporation organized under the laws of the State of Idaho, hereinafter
referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and
CENTRA Consulting Inc., hereinafter referred to as "CONSULTANT°, whose business
address is 413 West Idaho, Suite 302. Boise, ID 83702.
INTRODUCTION
Whereas, the City has a need for services involving QLPE Plan Check
Services; and
WHEREAS, the Consultant is specially trained, experienced and
competent to perform and. has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Services:
1.1 CONSULTANT shall perform and furnish to the City upon execution
of this Agreement and receipt of the City's written notice to proceed, all
services, and comply in all respects, as specified in the document titled
"Scope of Services" a copy of which is attached hereto as Attachment "A"
and incorporated herein by this reference, together with any amendments
that may be agreed to in writing by the parties.
1.2 All documents, drawings and written work product prepared or
produced by the Consultant under this Agreement, including without
limitation electronic data files, are the property of the Consultant; provided
however, the. City shall have the right to reproduce, publish and use all
such work, or any part thereof, in any manner and for any purposes
whatsoever and to authorize others to do so. If any such work is
copyrightable, the Consultant may copyright the same, except that, as to
any work which is copyrighted by the Consultant, the City reserves a
QLPE SERVICES - page 1 of 11
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royalty-free, nonexclusive, and irrevocable license to reproduce, publish
and use such work, or any part thereof, and to authorize others to do so.
1.3 The Consultant shall provide services and work under this
Agreement consistent with the requirements and standards established by
applicable federal, state and city laws, ordinances, regulations and
resolutions. The' Consultant represents and warrants that it will perform
it's work in accordance with generally accepted industry standards and
practices for the profession orprofessions that are used in performance of
this Agreement and that are in effect at-.the time of performance of this
Agreement. Except for that representation and any representations made
or contained in any proposal submitted by the Consultant and any reports
or opinions prepared or issued as part of the work performed by the
Consultant under this Agreement, Consultant makes no other warran#ies,
either express or implied, as part of this Agreement.
1.4 Services and work provide by the consultant at the City's request
under this Agreement will be performed in a timely manner in accordance
with a Schedule of Work, which the parties hereto shall agree to. The
Schedule of Work may be revised-from time to time upon mutual written
consent of the parties.
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2. Consideration
2.1 The Consultant shall be compensated on a Time & Materials basis
as provided in Attachment B "Payment Schedule" attached hereto and by
reference made a part hereof for aNot-To-Exceed amount of $50,OOQ.
2.2 The Consultant sha11 provide the- City with a monthly statement , as
services warrant, of fees earned and costs- incurred for services provided
during the billing period, which the City will pay within 30 days of receipt of
a correct invoice and approval by the City. The City will not withhold any
Federal or State income taxes or Social Security Tax from any payment
made by City to Consultant under the terms and conditions of this
Agreement. Payment of all taxes and other assessments on such sums is
the sole responsibility of Consultant.
2.3 Except as expressly provided in this Agreement, Consultant shall
not be entitled to receive from the City any additional consideration,
compensation, salary, wages, or other type of remuneration for services
rendered under this Agreement, including, but not limited to, meals,
lodging, transportation, drawings, renderings or mockups. Specifrcally,
Consultant shall not be entitled by virtue of this Agreement to
consideration in the form of overtime, health insurance benefits,
QLPE SERVICES - page 2 of 11
retirement benefits, paid holidays or other paid leaves of absence ofany
type or kind whatsoever.
3. Time of Performance:
This agreement shall become effective upon execution by both parties,
and shall expire one year from the effective date, the expiration of funds
allocated far compensation or unless sooner terminated as provided
below ar unless some other method or time of tem7ination is listed in
Attachment A. This Agreement shall terminate automatically on the
occurrence of (a) bankruptcy or insolvency of either party, or {b) sale of
Consultants business.
If agreeable to both parties, this agreement may be extended for three (3)
additional one {1} year terms.
4. Independent Contractor:
4.1 In all matters pertaining to this agreement, CONSULTANT shall be
acting as an independent contractor, and neither CONSULTANT nor any
officer, employee or agent of CONSULTANT will be deemed an
employee of CITY, Except as expressly provided in Attachment A,
Consultant has no authority or responsibility to exercise any rights or
power vested in the City. The selection and designation of the personnel
of the CITY in the performance of this agreement shall be made. by the
CITY.
4.2 Consultant shall determine the method, details and means of
pertorming the work and services to be provided by Consultant under this
Agreement. Consultant shall be responsible to City only for the
requirements and results specified in this Agreement and, except as
expressly provided in this Agreement, shall not be subjected to City's
control with respect to the physical action or activities of Consultant in
fulfillment of this Agreement.
5. Indemnification and Insurance:
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CONSULTANT shall indemnify and save and hold harmless GITY from
and for any and all losses, claims, actions, judgments for damages, or
injury to persons or property and losses and expenses and other costs
including litigation casts and attorney's fees, arising out of, resulting from,
or in connection with the performance of this Agreement by the
QLPE SERVICES -
page 3 of 11
CONSULTANT, its servants, agents, officers, employees, guests, and
business invitees, and not caused by ar arising out of the tortuous conduct
of CITY or its employees. CONSULTANT shall maintain, and specifically
agrees that it will maintain, throughout the term of this Agreement, liability
insurance, in which the CITY shall be named an additional insured in the
minimum amounts as follow: General Liability One Million Dollars
($1,000,000) per incident or occurrence, Professional Liability /
Professional errors and omissions One Million Dollars ($1,000,000)
aggregate., Autort~obile Liability Insurance. One Million Dollars
($1,000,000} per incident or occurrence and Workers' Compensation
Insurance , in the statutory limits as required by law. The limits of
insurance shall not be deemed a limitation of the covenants to indemnify
and save and hold harmless CITY; and if CITY becomes liable for an
amount in excess of the insurance limits, herein provided, CONSULTANT
covenants and agrees to indemnify and save and hold harmless CITY
from and for all such losses, claims, actions, or judgments for damages or
injury to persons or property and other costs, including litigation costs and
attorneys' fees, arising out of, resu~ing from , or in connection with the
performance of this Agreement by the Consultant or Consultant's officers,
employs, agents, representatives or subcontractors and resulting in or
attributable to personal injury, death, or damage or destruction to tangible
or intangible property, including use of. CONSULTANT shall provide
CITY with a Certificate of Insurance, or other proof of insurance
evidencing CONSULTANT'S compliance with the requirements of this
paragraph and file such .proof of insurance with the CITY at least ten (1fl)
days prior to the date Consultant begins performance of it's obligations
under this Agreement. In the event the insurance minimums are changed,
CONSULTANT shat! immediately submit proof of compliance with the
changed limits. Evidence of all insurance shall be submitted to the City
Purchasing Agent with a copy to Meridian City Accounting, 33 East
Broadway Avenue, Meridian, Idaho 83642.
6. Notices: Any and all notices required to be given by either of the parties
hereto, unless otherwise stated in this agreement, shall be in writing and
be deemed communicated when. mailed in the United States mail,
certified, return receipt requested, addressed as follows:
City of Meridian
Purchasing Agent
33 E. Broadway Avenue
Meridian, ldahv 83642
QLPE SERVICES - page 4 of 11
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Contra Consulting, Inc.
Attn: Stephen E. West or Chas Ariss
413 West Idaho Suite 302
Boise, ID 83702
Ph. (208) 338-9400
Either party may change their address for the purpose of this paragraph
by giving written notice of such change to the other in the manner herein
provided.
8. Attorn®y Fees: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party sha11 be entitled, in
addition to any other relief as may be granted, to court costs and
reasonable attorneys' fees as determined by a Court of competent
jurisdiction. This provision shall be deemed- to be a separate contract
between the parties and shall survive any default, termination or forfeiture
of this Agreement.
9. Time is of the F~sence: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term,
condition and provision hereof, and tha# the failure to timely perform any
of the obligations hereunder shall constitute a breach of, and a default
under, this Agreement by the party so failing to perform.
10. Assignment: It is expressly agreed and understood by the parties
hereto, that CONSULTANT shall not have the right to assign, transfer,
hypothecate or sell any of its rights under this Agreement except: upon the
prior express written consent of CITY.
11. Discrimination Prohibited: In performing the Services required herein,
CONSULTANT shall not unlawfully discriminate in violation of any federal,
state or local law, rule or regulation against any person on the basis of
race, color, religion, sex, national origin or ancestry, age or disability.
12. Reports and Infgrmation:
12.1 At such-times and in such forms as the CITY may require, there
shall be furnished to the CITY such statements, records, reports, data and
information as the CITY may request pertaining to matters covered by this
Agreement.
12.2 Consultant sha11 maintain all writings, documents and records
prepared or compiled in connection with the performance of this
Agreement for a minimum of four (4} years from the termination or
completion of thin or Agreement. This includes any handwriting,
QLPE SERVICES - page 5 of 11
typewriting, printing, photo static, photographic and every other means of
recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
13. Audits and Inspections: At any time during normal business hours and
as often as the CITY may deem necessary, there shall be made available
to the CITY for examination all of CONSULTANT'S records with respect to
all matters covered by this Agreement. CONSULTANT shall permit the
CITY to audit, examine, and make excerpts or transcripts from such
records, and to make audits of all contracts, invoices, materials, payrolls,
records of persomnel, conditions of employment and other data relating to
all matters covered by this Agreement.
14. Compliance with Laws: In performing th® scope of services required
hereunder, CONSULTANT shall comply with all applicable laws,
ordinances, and codes of Federal, State, and local governments.
15. Changes: The CITY may, from time to time, request changes in the
Scope of Services to be performed hereunder. Such changes, including
any increase or decrease in the amount of CONSULTANT'S
compensation, which are mutually agreed upon by and between the CITY
and CONSULTANT, shall be incorporated in written amendments to this
Agreement.
16. Termination: If, through any cause, CONSULTANT, its officers,
employees, or agents fails to fulfill in a timely and proper manner its
obligations under this Agreement, violates any of the covenants,
agreements, or stipulations of this Agreement, #alsifies any record or
documen# required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of
this contract, or if the City Council determines that termination of this
Agreement is in the best interest of CITY, the CITY shall thereupon have
the right to terminate this Agreement by giving written notice to
CONSULTANT of such termination and specifying the effective date
thereof at least fifteen (15) days before the effective date. of such
termination. CONSULTANT may terminate this agreement at any time by
giving at least sixty {60) days. notice to CITY.
In the event of any termination of this Agreement, all finished or
unfinished documents, data, and reports prepared by CONSULTANT
under this Agreement shall, at the option of the CITY, become its
property, and CONSULTANT shall be entitled to receive just and
equitable compensation for any work satisfactorily complete hereunder.
QLPE SERVICES - page 6 of 11
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Notwithstanding the above, CONSULTANT shall not be relieved of liability
to the CITY for damages sustained by the CITY by virtue of any breach of
this Agreement by CONSULTANT, and. the CITY may withhold any
payments to CONSULTANT for the purposes of setoff until such time as
the exact amount of damages due the CITY from CONSULTANT is
determined. This provision shall survive the termination of this agreement
and shall nat relieve CONSULTANT of its liability to the CITY for
damages.
17. Construction and Severability: If any part of this Agreement is held to
be invalid or unenforceable, such holding will not affect the validity or
enforceability of any other part of this Agreement so long as the remainder
of the Agreemen# is reasonably capable of completion.
18. Advice of Attorney: Each party warrants and represents that in
executing this Agreement, it has received independent legal advice from
it's attorney's or the opportunity to seek such advice.
19. 0=ntire Agreenterrt: This Agreement contains the entire agreement of the
parties and supersedes any and all other agreements or understandings,
oral of written, whether previous to the execution hereof or
contemporaneous herewith.
2D. Applicable Law:'This Agreement shall be governed by and construed
and enforced in accordance with the laws of the State of Idaho, and the
ordinances of the City of Meridian.
QLPE SERWICES - page 7 of 11
21. Approval Required: This Agreement shall not become effective or
binding until approved by the City of Meridian.
CITY OF MERIDIAN
Attest: \\`\\\\\y ,o~~~ ~/o, ~J','''
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,' ~°~°'FO ~' '=
JA CEE LMAN, CITY CLERK ~~A~
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BY: ~~
Dated: /a - a-a - a oO9
CENTRA CONSULTING, INC.
B ~ ~ Sz~~isr~nr ~ ~ us~T ~ ire SCI ~~
Dated: :Z ~A ~ ~
Approved as to Content ''~~~,,,,,,,,,,,~~~>" Department Approval
BY:
KEITH WATTS, PURCHASING AGENT
Dated: ~ 2_ 8^ ~ I
Approved as to Form
CITY ATTORNEY
DATE
BY:
NAME:
TITLE:
Dated:
QLPE SERVICES - page 8 of 11
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Attachment A
SCOPE OF SERVICES
QLpE Plan Check Services
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Perform Qualified Licensed Professional Engineer (QLPE) plan and specification
reviews for simple water and wastewater main extensions in accordance with the Idaho
Rules for Public Drinking Water Systems (IDAPA 58.01,08) and the Wastewater Rules
(IDAPA 58.01.16). The QLPE review is authorized under I.C. 39-118(2)(d) as
equivalent to review by the Department of Environmental Quality (DEQ) prior to
construction for simple water and wastewater main extensions.
At the time of approval, the QLPE must provide a written approval letter to the
Department, through the City, which includes:
1. A statement asserting that the QLPE represents the City with regard to the
project in question;
2. A statement that the pla~~s and specifications are approved for construction; and
3. A statement by the QLPE that the plans and specifications comply with the
facility standards within the referenced IDAPA rules.
Review comments may be issued in lieu of project approval. In this case, the QLPE will
provide written comments in electronic form to the City for delivery to the
developer/project engineer, unless instructed by the City to communicate with them
directly. Comments must be resolved prior to providing written QLPE approval of the
project.
Reviewable Documents are any plan view or plan and profile sheet with the potential for
separation issues of mains. This includes sewer and water service extensions. The
sheets should include storm drainage and irrigations facilities, if applicable.
PROCESS
1. QLPE Plan Checks: Upon notification from the Project Manager for the Gity that
plans are available for review, CENTRA wilt initiate the plan check procedure
outlined in the schedule below.
CEl'VTRA Staff Assigned: Rae, .Morgan, Administrative Staff.
2. Project. Manaaement: Provide monthly project status report to the City.
CENTRA SfaffAssigned: Ariss, .Rae, Administrative Staff.
QLPE SERVICES - page 9 of 11
Plan Checks
• CENTRA will arrange for pickup ofiplans within one (1) working day of written
notification from the Gity that plans are available far review, at no charge to the City;
• CENTRA will initiate each plan check within one (1}working day of receiving the
100°!o plan set package from the City. CENTRA will advise the City in writing that
the plan check has begun, by a-mail, within two (2} working days of receiving a plan
set;
• CENTRA will perForm an initial review of the City design review checklist and
notify the Gity of any missing or inaccurate submittal documents within one {1)
working day of notifying they City that a plan check has been initiated;
• CENTRA will review each plan set and issue an approval or comment letter in
accordance with IDAPA and City requirements within five (5) working days of
beginning each plan check. Approval letters will include a completed, sealed, dated
and signed copy of the DEQ QLPE checklist; and
• CENTRA will arrange for delivery of approved plans to the City within one (1)
working day of issuing the QLPE approval letter electronically.
General
• CENTRA will maintain frequent verbal and written contact with the City during
plan checks, especially those for which comments are issued in lieu of approvals.
CENTRA wiN contact the City immediately to resolve review issues.
• A monthly project management report will be provided by CENTRA summarizing
the projects reviewed, budget status and any issues of note, such as IDAPA rule or
QLPE policy changes (i.e. cevision of QLPE checklist).
Staff
CENTRA will .assign the following staff to the project through the life of the agreement:
If Consultant desires to change staffing it must give the City 30 days written notice.
Charles W. {Chas) Ariss, P.E. - VP/COC1lChief Engineer
• Areas of responsibility: Projectlcontract management.
Stephen H. Rae, P.E. -Environmental Engineer
• Areas of responsibility: Plan check reviews.
Ryan Morgan, P.E. -Civil Engineer/Computer-Aided Drafting Technician
• Area of responsibility: Plan check review alternate.
QLPE SERVICES - page 10 of 11
Attachment B
PAYMENT SCHEDULE
{~LRE Plan Check Services
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A. Total and complete compensation far this Agreement shall not exceed $50,000.
Fees will be billed for actual plan sheets reviewed at a rate of $235.00 per sheet. Fees
will be billed monthly for completed tasks only.
TASK DESCRIPTION AMOUNT
A, Plan check services per the specifications above. $235.00/Sheet
Tt7TAL NTE
$50,000.00
QLPE SERVICES - page 11 of 11