FY2023-39 Professional Services agreement with WTI (Water Technologies Inc.) for the KHS Pool EvaluationContract FY2023-39
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WATER TECHNOLOGY, INC =
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Professional Services Proposal
Kodiak High School Pool Complex Evaluation
Kodiak, Alaska
WTI Project Number: 22557.01
December 14, 2022
Client
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
David Conrad
Director, Engineering & Facilities
T. 907.486.9340
M. 907.654.2782
dconrad@kodiakak.us
Consultant
Water Technology, Inc. (WTI)
100 Park Avenue, PO Box 614
Beaver Dam, WI 53916
www.wtiworld.com
Jennifer Gerber
Business Development Leader
M. 763.360.0594
jgerber@wtiworld.com
WA -ER TECHNOLOGY ' N o. WORLD LEADERS IN AQUATIC PLANNING, DESIGN AND ENGINEERING
Project Understanding
Scope
WTI services involve the on-site observation of the existing aquatic components and professional recommendation
regarding aquatic repair, renovation, and replacement.
Description
The following proposal is based on the on-site observation of the following aquatic amenities at Kodiak High School Pool
Complex;
• A single, indoor 6 -lane by 25 -yard competition pool with:
o 1 -meter diving board
0 24 to 42" deep learn -to -swim training area
o Toddler wading area with bench seating
Budget
The project budget is undetermined or unknown to WTI.
Scope of Services
Aquatic Evaluation
WTI will consult with the Client to document physical conditions of the current aquatic facility and provide
recommendations regarding inadequacies. WTI will conduct a non-destructive observation of the aquatic elements to
form a professional opinion on necessary repairs, renovations, and replacements, including:
• Conduct site visit and document current conditions
• Identify deficiencies of aquatic components regarding current local health codes and industry standards. WTI will
address the following components:
o Pool Vessels
o Pool Finishes
o Pool Circulation Pumps, Fittings, Valves, Flow Meters, Gauges, and Controls
o Pool Filtration System and Overflow Recovery System
o Pool Water Chemistry Treatment System
o Pool Deck Areas and Equipment
Develop recommendations for repairs, renovations, and replacements
Develop Rough Order of Magnitude (ROM) Aquatic Construction Budget regarding recommendations
Requirements
The following information, materials, and approvals are required for WTI to effectively and efficiently perform the
services described in this proposal. The Client shall provide WTI, at no cost, with the following:
• Project site surveys
• Project record drawings, if applicable
• Project site geotechnical analysis and reports
o WTI's fee is typically based on design with standard soil conditions using an assumed bearing capacity of
2,500 pounds per square foot. However, this project is in a suspected seismic zone or area known to have
poor soil conditions. Although, we have included an allowance for additional structural design services, if
the report reveals expansive, environmental, high groundwater, organics or other deleterious conditions,
additional fees may be required.
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• Project site water analysis and testing
• Preferred title block, sheet sizes, or other drawing format details
• Background drawings and models, including site and building(s), for incorporation of WTI designs
• Written approval of WTI produced Deliverables at the completion of each Phase of work
• Construction contract bid documents and addenda
• Construction contract bid responses and results
Deliverables
Aquatic Evaluation
• Aquatic Evaluation Report
• ROM Aquatic Construction Budget
Schedule
Our fee is based on the following projected phase schedule:
Evaluation Report: Delivered 2 — 4 weeks after completion of site visit
We understand that abbreviated schedules may sometimes be required, however in our experience, this puts the
Owner, Client and WTI at risk. To expedite a project, please be aware that a discussion of those risks is required, in
addition to a corresponding fee adjustment.
Services Provided by Others (Coordinated with WTI)
WTI will assist with coordinating all WTI provided services with other disciplines of the project team. A non -comprehensive
outline of scope for coordination and exclusion from the proposed WTI Scope of Services is below. The following services
and project scope shall be the responsibility of the Client, or other Consultants of the Client.
Testing and Analysis
• Geotechnical testing and analysis
• Local water testing and analysis
• Water loss and leak detection
Feasibility and Operations
• Demographic research and analysis
• Revenue and expense forecasting
• Operational evaluation and analysis
• Facility and market research
Administrative
• Permits and regulatory fees.
o WTI will provide pool system information to the Client to complete construction permit applications but
is not responsible for submission nor payment of fees.
• Front-end specifications
• LEED° Registration and Application
IS Document reproduction and distribution
• Preparation of addenda
• Maintenance of the plan holder list
• Record Drawings (unless accepted as an Additional Service)
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Terms and Conditions
Basis of Agreement
This proposal incorporates by reference AIA Document 8101-2017, Standard Form of Agreement Between Owner and Architect, or
AIA Document C401-2017, Standard Form of Agreement Between Architect and Consultant. The general conditions of the contract
will be defined in AIA Document A201-2017, General Conditions of the Contract for Construction.
Scope of Services
Services offered are limited to those services described in the proposal. No other services are offered or implied unless specifically
addressed in the proposal.
Expiration
The attached proposal is considered valid for a period of ninety (90) days from the date of the proposal or its last revision date, if any.
Proposals older than ninety (90) days are expired, unless reissued by WTI with a reissue date.
Payment
All proposals are based upon payment in US dollars. Invoices will be issued monthly and are payable within forty-five (45) days of date
of invoice. An interest rate of one percent (1.0%) per month will be payable on any amount not paid within this time period. Attorney's
fees and any other costs incurred in collecting delinquent accounts shall be paid by Client. WTI will invoice professional fees monthly,
on a percent complete basis, throughout the project term.
Hourly Charges/Additional Services
WTI personnel will be charged at the following rates:
Principal/Director $200.00
Project Manager/Engineer $150.00
Creative Studio $130.00
Project Design $115.00
Mechanical Design $135.00
Technical Design $85.00
Administrative $60.00
These rates are valid fora period of twelve (12) months from date of an accepted proposal. These rates are not valid for work involving
claims settlement, expert witness or litigation work. Additional services, if requested by Client, will be performed on a stipulated sum
or hourly basis, as agreed to in writing by both parties prior to initiating the additional services.
Reimbursable Expenses
Expenses and services not directly provided by WTI will be invoiced at one and 10/100 (1.10) times cost. International travel is business
class air. Domestic airfare will be premium economy (changeable and refundable). These costs are not included in WTI's fee unless
specifically noted as included in our proposal. Airfares are based on seven (7) days advanced purchase. Costs associated with customer
requested modifications to travel arrangements after purchase by WTI will be an addition to the contract sum.
Additional Project Related Costs
The following costs are not included in our proposal and should be anticipated in the owner's budgeting: geotechnical services and
reports, topographic and boundary surveys (site surveys), testing, project related insurance, legal and safety consultant services,
permits and fees, and marketing and operations development.
Standard of Care
Services provided by WTI under this Agreement will be performed in a manner consistent with that degree of skill and care ordinarily
exercised by members of the same profession currently practicing under similar circumstances and in accordance with the governing
codes and regulations adopted at the time of the execution of this Agreement. No other warranty or representation, either expressed
or implied, is included or intended in our proposals, contracts, plans and specifications or reports.
Risk Allocation
Client agrees that to the fullest extent permitted by law, WTI's total liability to Client for any and all injuries, claims, losses, expenses,
damages or claims expenses arising out of this Agreement from any cause or causes, shall not exceed the total amount of fees for
services for this project or twenty-five thousand and no/100 dollars ($25,000.00), whichever is greater.
Governance
This Agreement shall be governed by the laws of the State of Wisconsin.
Insurance
Notwithstanding any other provisions in this Agreement, nothing shall be construed so as to void, vitiate, adversely affect or in any
other way impair any insurance coverage held by either party to this Agreement. During the term of this agreement, WTI agrees to
provide evidence of insurance coverage as shown in the example Insurance Certificate attached hereto. In addition, WTI will attempt
to maintain continuous professional liability coverage for the period of design and construction of this project, and for a period of
three (3) years following substantial completion, if such coverage is reasonable available at commercially affordable premiums. For
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the purposes of this agreement, "reasonably available" and "commercially affordable" shall mean that more than half the design
professionals practicing in this state in this discipline are able to obtain such coverage. Owner will require that any party hired for the
construction of the project, including but not limited to the general contractor, construction manager, and subcontractors will include,
in addition to the Owner, Water Technology, Inc. and it's consultants as additional insured for all policies related to the project.
Standard insurance carried by WTI is as follows:
General Liability (Occurrence) $1.0 Million USD
General Aggregate (Project) $2.0 Million USD
Automobile $1.0 Million USD
Umbrella/ Excess (Occurrence) $4.0 Million USD
Workers Compensation Statutory
Professional Liability (Occurrence) $2.0 Million USD
Professional Liability (Aggregate) $4.0 Million USD
Costs for additional coverage limits, if requested, will be paid for by Client.
Photography
The project architect agrees that any published photos, descriptions or award submittals of the project that include reference to the
aquatic work shall include WTI as the aquatic consultant.
Client Services
As part of WTI's quality assurance program, WTI will contact the Owner regarding services provided by WTI.
Dispute Resolution
In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the
project, Client and WTI agree that all disputes between them arising out of or relating to this agreement shall be submitted to
nonbinding mediation unless the parties mutually agree otherwise. Client and WTI further agree to include a similar mediation
provision in all agreements with independent contractors and consultants retained for the project and to require all independent
contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, subconsultants,
suppliers or fabricators so retained, thereby providing all mediation as the primary method for dispute resolution, between the parties
to those agreements. No mediation arising out of or relating to this agreement shall include, by consolidation, joinder or in any other
manner, an additional person or entity not a party to this agreement, except by written consent containing a specific reference to this
agreement signed by Client, WTI and any other person or entity sought to be joined. Consent to mediation involving an additional
person or entity duly consented to by the parties to this agreement shall be specifically enforceable in accordance with applicable law
in any court having jurisdiction thereof.
Hazardous Materials
Client represents to WTI that to the best of Client's knowledge no hazardous or toxic substances within the meaning of any applicable
statute or regulation are presently stored, or otherwise located, on the project site or adjacent thereto. Further, within the definition
of such statutes or regulations, no part of the project site or adjacent real estate, including the ground water located thereon, is
presently contaminated.
Existing Conditions
Inasmuch as the remodeling and/or rehabilitation of an existing site/structure requires that certain assumptions be made regarding
existing conditions, and because some of these assumptions may not be verifiable without expending additional sums of money or
destroying otherwise adequate or serviceable portions of the building, Client agrees, to fullest extent permitted by law, to indemnify
and hold the design professional harmless from any claim, liability or cost (including reasonable attorney's fees and costs of defense)
for injury or economic loss arising or allegedly arising out of the professional services provided under this agreement, excepting only
those damages, liabilities or costs attributable to the sole negligence or willful misconduct of the design professional.
Termination
Either party may terminate the agreement for convenience after seven (7) days written notice of intent to terminate. Client shall be
responsible for all costs and charges incurred up to the date of termination, including reasonable costs for WTI to close the work and
organize files. WTI agrees not to charge for lost or anticipated profits on the work not completed and will provide copies of work files
to Client upon receipt of final payment.
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Fee for Professional Services
Fee
WTI professional services are offered for a stipulated lump sum and are contingent upon WTI Terms and Conditions.
Fee for Professional Services............................................................................................................ $ 12,000.00 USD
Trips
WTI has included a total of up to the following number of trips to facilitate meetings and/or conduct site visits.
EvaluationVisit............................................................................................................................1
Reimbursable Expenses
Project related expenses are reimbursable and are not included in the proposed fee. Reimbursable expenses include
travel, swimming pool permit fees, express shipping, and printing.
Acknowledgement
This proposal will remain valid for a period of 90 days. Please provide the signature of an authorized representative on
the line below indicating acceptance of the proposed scope and fee for professional services.
Water Technology, Inc. Client
Jennifer L. Gerber V\"'�
Signature Signa re
Jen Gerber - Business Development Leader DAVID CONRAD
Name / Title Name/ Title
2/1/2023 2\. -2 L- Z zj
Date Date
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