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3. Award Design Contract - Grandview Drive/US 93 Sewage Pumping Station UpgradeCity of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana59903-199 i -Telephone (4�ib)iS��i �2Q, Fax (�C� ) f5����31 �f REPORT TO: Mayor and City Council FROM: James C. Hansz, P.E., Director of Public Works / City Engineer SUBJECT: Grandview Drive/US 93 Sewage Pumping Station Upgrade — Design Contract MEETING DATE: 4 August 2003 BACKGROUND: The fiscal year 2003/2004 budget includes a total appropriation of $200,000.00 for the upgrade and enlargement of the City's Sewage Pumping Station #3 located at Grandview Drive and US Highway 93. Upgrading this pumping station was identified in the 2002 Facility Plan as a first priority need and this judgment has been reinforced by the continuing aggressive rate of development upstream of the facility. The first step in the process is to design the new facility. Proposals were requested from qualified consultants. Proposals were received from Carver Engineers, Thomas, Dean & Hoskins, Robert Peccia & Associates, and the team of Morrison Maierle/HDR Engineers. After a thorough review of qualifications and relevant experience, Carver Engineers was selected to perform the work and a satisfactory scope of work and not -to -exceed cost proposal has been negotiated. The negotiated contract is divided into four parts: preliminary design, final design, other contracted services, and construction engineering. The intent is to design a facility that can be systematically enlarged as in- flows increase and downstream pipeline capacities are reached. As the downstream facilities reach capacity they will be upgraded and the next phase of pump station capacity would then be brought on- line. RECOMMENDATION: Award contract for design of the upgraded sewage Pumping Station #3 to Carver Engineers for a not -to exceed cost of $86,825.00. ACTION REQUESTED: AT CITY COUNCIL MEETING OF 4AUGUST 2003 —MOTION TO AWARD CONTRACT FOR DESIGNOFSEWAGEPUNIPSTATION #3 TO CARVER ENGINEER'S OFKALISPELL. FISCAL EFFECTS: Expenditure of budgeted sewer funds totaling $86,825.00. ALTERNATIVES: As suggested by the City Council Chris A. Kukulski City Manager AGREEMENT TO FURNISH the CITY OF KALISPELL ENGINEERING SERVICES for U.S. 93/GRANDVIEW DRIVE SEWAGE PUMPING STATION For the consideration hereinafter set forth Carver Engineering, Inc., (hereinafter referred to as the ENGINEER), agrees to provide engineering and related services as described herein to THE CITY OF KALISPELL (hereinafter referred to as the OWNER) for a project generally described as the "U.S. 93/Grandview Drive Sewage Pumping Station". The project will involve engineering analysis, preparation of plans, equipment specifications and other tasks related to the new U.S. 93/Grandview Drive Sewage Pumping Station. ARTICLE 1. SCOPE OF SERVICES The services to be provided, and the compensation for such services, shall be as mutually agreed to in this Agreement, executed by both parties and as described in the attached Proposal and fee estimate dated June 20, 2003. The ENGINEER, in connection with performing the Preliminary Design, the Final Design, Miscellaneous Costs, and Construction Engineering, agrees to provide required engineering, design and related services for the OWNER!s Project. Unless otherwise indicated, execution of this Agreement by the OWNER shall constitute notice to and authorization for the ENGINEER to proceed with the services enumerated in the Agreement. ARTICLE 2. BASIS OF COMPENSATION The budget for the work described in the Proposal and fee estimate attached to this Agreement has been agreed upon by the parties to this agreement. The Proposal and fee estimate, by this reference, is hereby made a part of this Agreement. B. COMPENSATION 1. As consideration for providing the services described as Preliminary Engineering, the OWNER shall pay the ENGINEER a fee not to exceed $9,040.00. 2. As consideration for providing the services described as Final Design, the OWNER shall pay the ENGINEER a fee not to exceed $33,150.00. 3. As consideration for providing the services described as Miscellaneous Costs, the OWNER shall pay the ENGINEER a fee not to exceed $21,400.00. 4. As consideration for providing the services described as Construction Engineering, the OWNER shall pay the ENGINEER a fee not to exceed $22,205.00. Services described as Construction Engineering shall be provided contingent on availability of budget and are subject to the provisions of Article 2D. Pay requests shall be submitted and payment shall be made as described in Article 3. The services and related budget for this Agreement shall be limited to the scope and budget so contained herein. Changes in the indicated scope of services shall be subject to renegotiation and shall be implemented by a formal amendment to this Agreement. ENGINEER shall notify OWNER of any changes in personnel assigned to this project and shall obtain concurrence of OWNER prior to such changes. D. ADDITIONAL SERVICES Additional services not specified in Article 1, that are subsequently requested by the OWNER, or services mutually agreed to be required for the timely completion of this contract, shall be described and the cost thereof outlined in a formal amendment to this Agreement E. LITIGATION ASSISTANCE The ENGINEER will not be obligated to provide expert witness or other litigation support related to its services, unless expressly agreed in writing. In the event the ENGINEER is required to respond to a subpoena, government inquiry or other legal process related to the services in connection with a proceeding to which it is not a party, the OWNER shall reimburse the ENGINEER for reasonable costs and compensate the ENGINEER at its then standard rates for reasonable time incurred in gathering information and documents and attending depositions, hearings, and the like. ARTICLE 3. PAYMENT FOR SERVICES Payment to the ENGINEER, as prescribed in Article 2, shall be made as follows: The ENGINEER shall submit pay requests in a consistent detailed format. The submittal shall include a summary sheet to indicate total Professional Services, Reimbursable Expenses, Subcontracted Services and Total Payment Requested. Additional sheets shall be attached as necessary to describe hours worked and billable rates for each employee, itemized reimbursable expenses and itemized subcontracted services, including hours worked and billable rates for all subcontractors' employees. B. PAYMENT FOR SERVICES For all services described in Article 1 and subsequent amendments, payment is due within 30 days after the OWNER's receipt of the ENGINEER's pay request. Payment shall be for actual invoiced costs but shall not exceed the total amount shown in Scope of Services ARTICLE 4. OBLIGATIONS OF THE ENGINEER 2 The ENGINEER will not begin work on any of the services listed in Article I until the OWNER directs him to proceed. Authorization to proceed on work elements not defined in this Agreement as to scope, cost, and time for completion shall be in the form of a formal amendment as previously described. KUMMMV�b �AIMM# The ENGINEER will perform the services described in this Agreement and in any work release documents or change orders, which are issued under this Agreement and signed by both parties. In performing the services, the ENGINEER will exercise the degree of care and skill ordinarily exercised by reputable companies performing the same or similar services in the same geographic area. The ENGINEER is obligated to provide only those services, which are described in this Agreement, in work release documents signed by the ENGINEER or in change orders signed by the ENGINEER Confidential information shall be designated as such by the OWNER. The ENGINEER and his subcontractors will not disclose confidential information provided by the OWNER or developed by the ENGINEER and his subcontractors in the course of its services without the OWNER's specific prior written consent. ARTICLE 5. OBLIGATIONS OF THE OWNER The OWNER shall authorize the ENGINEER to proceed by executing this Agreement. The OWNER shall provide to the ENGINEER all technical data in the O)VNER's possession, including previous reports, maps, surveys, borings, and all other information required by the ENGINEER and relating to the ENGINEER's work on the project. Such information shall include, but not be limited to, the OW­NER's requirements for the project, any design criteria or constraints, and copies of design and construction details or standards that OWNER requires to be included. The ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the OWNER in performing ENGINEER's services to the OWNER. C. ACCESS TO FACILITIES AND PROPERTY The OWNER shall make its system facilities and properties available and accessible for inspection by the ENGINEER and provide labor and safety equipment as reasonably required by the ENGINEER and as authorized by OWNER. The ENGINEER shall obtain permission for access from individual property owners, as necessary to perform required services on private property. E. TIMELY REVIEW The OWNER shall examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by the ENGINEER, obtain advice of an attorney, insurance counselor, accountant, auditor, and other consultants as the OWNER deems appropriate for such examination and render in writing decisions pertaining thereto in a timely manner so as to not delay the services of the ENGINEER. The OWNER shall give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any development that affects the scope or timing of the ENGINEER's services or any defect in the work of the ENGINEER or Contractors. ARTICLE 6. GENERAL LEGAL PROVISIONS e • :�Mi1il The OWNER shall not be responsible for any delay or failure of performance caused by fire or other casualty, labor dispute, government or military action, transportation delay, inclement weather, Act of God, act or omission of OWNER or its contractors, failure of OWNER or any government authority to timely review or to approve the services or to grant permits or approvals, or any other cause beyond the OWNER'S reasonable control. Indemnification by OWNER: The OWNER agrees to indemnify, hold harmless and defend the ENGINEER from and against any and all liabilities, demands, claims, causes of actions and judgments (including costs and reasonable attorneys fees) which the ENGINEER may incur, become responsible for or pay out as a result of death or bodily injury or threat thereof to any person, destruction of or damage to any property, contamination of or adverse effect on natural resources or the environment, any violation of local, state, or federal laws, regulations or orders, or any other damages claimed by third parties, including without limitation any arising out of or related to hazardous materials or substances and including costs of response or remediation arising out of the application of common law or laws imposing strict liability, based on or arising in whole or in part from the negligent acts or omissions or willful misconduct of the OWNER, its employees, agents and 4 subcontractors. Indemnification by ENGINEER: The ENGINEER agrees to indemnify, hold harmless and defend the OWNER from and against any and all liabilities, demands, claims, causes of actions and judgments (including costs and reasonable attorneys fees) which the OWNER may incur, become responsible for or pay out as a result of death or bodily injury or threat thereof to any person, destruction of or damage to any property, contamination of or adverse effect on natural resources or the environment, any violation of local, state, or federal laws, regulations or orders, or any other damages claimed by third parties, including without limitation any arising out of or related to hazardous materials or substances and including costs of response or remediation arising out of the application of common law or laws imposing strict liability, based on or arising in whole or in part from the negligent acts or omissions or willful misconduct of the ENGINEER, its employees, agents and subcontractors. C. INSURANCE The ENGINEER shall acquire and maintain statutory workmen's compensation insurance coverage. ENGINEER shall acquire and maintain bodily injury and property damage insurance coverage in an amount not less than seven hundred fifty thousand ($750,000) dollars for each claim and one and one- half million ($1,500,000) dollars per occurrence. The ENGINEER shall acquire and maintain bodily injury liability automobile insurance coverage in an amount not less than seven hundred fifty thousand ($750,000) dollars for each claim and one and one- half million ($1,500,000) dollars per occurrence and property damage liability automobile insurance coverage in the amount of fifty thousand ($50,000) dollars for each occurrence. The ENGINEER shall acquire and maintain catastrophe or excess insurance coverage in the amount of one million (1,000,000) dollars for each occurrence and one million (1,000,000) dollars for each aggregate with ten thousand ($10,000) dollars deductible amount. The ENGINEER shall acquire and maintain professional liability insurance coverage in the amount of one million ($1,000,000) dollars with a forty thousand ($40,000) dollar deductible amount. D. TERMINATION The OWNER for its convenience may terminate this Agreement by giving 30 days' written notice to the ENGINEER. This Agreement may be terminated by either party upon 30 days' written notice should the other party fail substantially to perform in accordance with this Agreement through no fault of the other or if the project is stopped by conditions beyond the control of the OWNER. In the event of termination, the ENGINEER shall be paid in full for all work previously authorized and performed up to the termination date, plus termination expenses if termination is not caused by failure of the ENGINEER to perform. If no termination is implemented, relationships and obligations created by this Agreement shall E terminate upon completion of all applicable requirements of this Agreement. E. SUSPENSION, DELAY, OR INTERRUPTION OF WORK The OWNER may suspend, delay, or interrupt the work of the ENGINEER on the project for the convenience of the OWNER or for reasons beyond the control of the OWNER or ENGINEER. In the event of such suspension, delay, or interruption, an adjustment in compensation due the ENGINEER shall be made for all increases in cost of the ENGINEER's performance under this Agreement, including personnel relocation and/or replacement costs, and all other identifiable labor and expense costs. F. ASSIGNMENT This Agreement is to be binding on the heirs, successors, and assigns of the parties hereto and is not to be assigned by either party without first obtaining the written consent of the other. No assignment of this Agreement shall be effective until the Assignee assumes in writing the obligations of the assigning party, and delivers such written assumption to the other original party to this Agreement. Use of subconsultants by the ENGINEER for technical or professional services shall not be considered an assignment of a portion of this Agreement. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than OWNER and ENGINEER. G. LITIGATION In the event either party to this Agreement shall be required to bring an action against the other party to enforce this Agreement, or any portion thereof, the prevailing party shall be entitled to reasonable attorney fees and costs therefore in addition to any damages that may be awarded. H. VENUE In the event of litigation concerning this Agreement, venue shall be in the Eleventh Judicial District in and for the County of Flathead, Montana, and this Agreement shall be governed by the laws of the State of Montana both as to interpretation and performance. A. ACCESS TO DOCUMENTS The ENGINEER shall provide the OWNER, the City of Kalispell, or authorized representative of the OWNER access to any document relating to this project during normal working hours. B. RECORDS Z The ENGINEER shall maintain project and financial records for this project for at least three years after final payment and closure of the project. ..��owely2ml Reproducible copies of planning and design drawings and specifications shall be made available to the OWNER upon request. D. COVENANT AGAINST CONTINGENT FEES The ENGINEER warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or persons, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the OWNER shall have the right to annul this Agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. E. SCHEDULE Tasks outlined in the Proposal and estimate of fee shall be completed within six (6) months of the date of this agreement or such other date as mutually agreed by amendment to this agreement. ARTICLE 8 ATTACHMENTS, SCHEDULES, AND SIGNATURES A. AGREEMENT DESCRIPTION This Agreement (consisting of pages 1 through 7, inclusive) and attached Scope of Services constitute the entire Agreement between the OWNER and the ENGINEER and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written addendum. DATED this day of , 2003. CITY OF KALISPELL By Chris A. Kukulski, City Manager 7 LIZ Carver Engineering, Inc GRANDVIEW DRIVE LIFT STATION NO. 3 ENGINEERING MANHOURMOST ESTIMATE - Revised 7/29/03 Tom And Rod Tina Kevin PRELIMINARY DESIGN: Review Exist. LS Design/Performance 6 4 Compare Tvpes of Pumping Systems 6 6 4 Model LS & FM Hydraulics 8 Capacity of Downstream Gravity Sewer 6 4 Prepare Conceptual Design(s) 16 4 4 32 Prepare Cost Estimates 6 4 Present/Discuss Prelim. Design wl City 4 PRELIMINARY DESIGN MANHOURS 52 18 8 32 4 PRELIMINARY DESIGN COSTS $ 4,420.00 $ 1,440.00 $ 640.00 $ 2,080.00 $ 260.00 TOTAL PRELIMINARY DESIGN COSTS $ 8.840-00 FINAL DESIGN: Final Plans - LS, FM, Gray. Sewer, Site 116 12 12 Field Work 8 2 8 Drafting 160 Prepare Specifications 16 8 Prepare LS Hydraulics 6 Prepare Design Report 8 Miscellaneous Maps & Submittal Info. 4 4 Consult & Coordinate wl City & Utilities 6 4 8 Permits & Approvals 4 8 Prepare Bid Documents 22 4 Pre -Bid Consult., Addenda, Contract Doc's 20 6 INDIVIDUAL CE, INC. DESIGN HOURS 210 36 20 164 24 INDIVIDUAL CE, INC. DESIGN COSTS $ 17,850.00 1 $ 2,880.00 j $ 1,600.00 $ 9,840.00 1 $ 1,440.00 Electrical Sub -Consultant Plans & Spec's $$ 8,57070-1 TOTAL FINAL DESIGN COSTS 1 $ 42,110.00 MISCELLANEOUS COSTS: Surveying $ 6,500.00 Geotech. Investigation $ 5,000-00 Review/Permit Fees $ 700.00 Printing Plans & Spec's $ 650.00 Advertising Bids $ 550.00 TOTAL MISC. COSTS $ 13,400.00 ITOTAL PROJECT DESIGN ENGINEERING COSTS (Preliminary, Final & Misc.) I $ 64,350.00 1 Tom And Rod Tina Kevin CONSTRUCTION ENGINEERING: Pre -Construction Meeting 3 3 Review Shop Drawings 20 4 8 4 Project Coordination 16 6 Prowess Pa v Estimates 16 Review Certified Payroll 8 Construction Staking 8 8 Construction Inspection 40 72 Testinq & Start-up 8 8 Record Drawings 16 40 16 Project Certification 4 CONSTRUCTION HOURS 139 10 16 40 103 ,CONSTRUCTION COSTS $ 11,815.00 $ 800.00 $ 1,280.00 , $ 2,400.00 $ 6,180.00 ITOTAL PROJECT CONSTRUCTION COSTS $ 22,