Loading...
HomeMy WebLinkAbout000991 Original Contract City of Port Angeles Record # 000991 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND HERRERA ENVIRONMENTAL CONSULTANTS Professional Services Agreement RELATING TO: 2015 Elwha River Hydraulic Analysis and Remediation THIS AGREEMENT is made and entered into by and between THE CITY OF PORT ANGELES, a non-charter code city of the State of Washington, (hereinafter called the "CITY") and Herrera Environmental Consultants, a Washington corporation authorized to do business in the state of Washington, (hereinafter called the "CONSULTANT"). WHEREAS, the CITY desires engineering and consulting assistance related to Elwha River hydraulic analysis, well supply evaluation, and remediation; and WHEREAS, the CITY desires to engage the professional services and assistance of a qualified consulting firm to perform the Scope of Services, and WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes of the State of Washington for professional registration and/or other applicable requirements, and WHEREAS, the CONSULTANT represents that it has the background, experience, and ability to perform the required work in accordance with the standards of the profession, and WHEREAS, the CONSULTANT represents that it will provide qualified personnel and appropriate facilities necessary to accomplish the work; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows: I SCOPE OF SERVICES General Scope. The scope of professional services to be performed and the results to be achieved by the CONSULTANT shall be as detailed in the attached Exhibit A and shall include all services and material necessary to accomplish the work. The CITY may review the CONSULTANT'S services, and if they do not meet the v Professional Standard of Care the CONSULTANT shall make such changes as may be Page 1 of 14 required by the CITY. Such changes shall not constitute "Extra Work" as related in Section XII of this Agreement. Any changes made necessary due to causes outside the CONSULTANT'S reasonable control shall be provided as an extra work herein. The CONSULTANT agrees that all services performed under this Agreement shall be in accordance with the standards of the engineering profession for similar services on similar projects of like size and nature and in compliance with applicable federal, state and local laws. The Scope of Services may be amended upon written approval of both parties. II OWNERSHIP OF DOCUMENTS Upon completion of the work, all documents, exhibits, digital photos, or other presentations of the work, with the exception of those standard details and specifications regularly used by the CONSULTANT in its normal course of business, shall upon payment of all amounts rightfully owed by the CITY to the CONSULTANT herein become the property of the CITY for use without restriction and without representation as to suitability for reuse by any other party unless specifically verified or adapted by the CONSULTANT. However, any alteration of the documents, by the CITY or by others acting through or on behalf of the CITY, will be at the CITY's sole risk. 111 DESIGNATION OF REPRESENTATIVES Each party shall designate its representatives in writing. The CONSULTANT'S representative shall be subject to the approval of the CITY. IV TIME OF PERFORMANCE The CONSULTANT may begin work upon execution of this agreement by both parties and written direction to proceed from the CITY. The duration of the Agreement shall extend through December 31, 2016. The work shall be completed in accordance with the schedule set forth in the attached Exhibit D. V PAYMENT The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such payment shall be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment shall be based on the hourly rates and direct reimbursable costs as set forth in the attached Exhibit C. B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall detail the work, hours, employee name, and hourly rate; shall itemize with receipts and invoices the non-salary direct costs, subconsultants, and outside Page 2 of 14 services; shall indicate the specific task or activity in the Scope of Service to which the costs are related; and shall indicate the cumulative total for each task. C. The CITY shall review the invoices and make payment for the work that has been completed less the amounts previously paid. D. The CONSULTANT invoices are due and payable within 30 days of receipt. In the event of a disputed billing, only the disputed portion will be withheld from payment. E. Final payment for the balance due to the CONSULTANT will be made after the completion of the work and acceptance by the CITY. F. Payment for "Extra Work" performed under Section XII of this Agreement shall be as agreed to by the parties in writing. VI MAXIMUM COMPENSATION Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation and reimbursement under this Agreement, including labor, direct non- salary reimbursable costs, subconsultant costs and outside services, shall not exceed the maximum sum of $33,000. The budget for each task is as set forth in the attached Exhibit B. Budgets for task(s) may be modified upon mutual agreement between the two parties, but in any event, the total payment to CONSULTANT shall not exceed $33,000. VII INDEPENDENT CONTRACTOR STATUS The relation created by this Agreement is that of owner-independent contractor. The CONSULTANT is not an employee of the CITY and is not entitled to the benefits provided by the CITY to its employees. The CONSULTANT, as an independent contractor, has the authority to control and direct the performance within the Scope of Services. The CONSULTANT shall assume full responsibility for payment of all Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax. VIII EMPLOYMENT Employees of the CONSULTANT, while engaged in the performance of any work or services under this Agreement, shall be considered employees of the CONSULTANT only and not of the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the CONSULTANT'S employees while so engaged, on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. In performing this Agreement, the CONSULTANT shall not employ or contract with any Page 3 of 14 CITY employee without the CITY's written consent. IX NONDISCRIMINATION The CONSULTANT shall conduct its business in a manner which assures fair, equal and non-discriminatory treatment of all persons, without respect to race, creed or national origin, or other legally protected classification and, in particular: A. The CONSULTANT shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity/affirmative action requirements; and, B. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. X SUBCONTRACTS A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. B. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for work to be performed pursuant to a subcontract, including procurement of materials and equipment, each potential sub-consultant or supplier shall be notified by the CONSULTANT of CONSULTANT's obligations under this Agreement, including the nondiscrimination requirements. XI CHANGES IN WORK Other than changes directed by the CITY as set forth in Section I above, either party may request changes in the Scope of Services. Such changes shall not become part of this Agreement unless and until mutually agreed upon and incorporated herein by written amendments to this Agreement executed by both parties. XII EXTRA WORK The CITY may desire to have the CONSULTANT perform work or render services in connection with this Agreement, in addition to the Scope of Services set forth in Exhibit A and minor revisions to satisfactorily completed work. Such work shall be considered as "Extra Work" and shall be addressed in a written supplement to this Agreement. The CITY shall not be responsible for paying for such extra work unless and until the written supplement is executed by both parties. Page 4 of 14 XIII TERMINATION OF AGREEMENT A. The CITY may terminate this Agreement at any time upon not less than ten (10) days written notice to the CONSULTANT. Written notice will be by certified mail sent to the CONSULTANT's designated representative at the address provided by the CONSULTANT. As a condition precedent to termination for cause the CONSULTANT shall be given the notice period to cure such cause and shall have failed to so cure. B. In the event this Agreement is terminated prior to the completion of the work, a final payment shall be made to the CONSULTANT, which, when added to any payments previously made, shall compensate the CONSULTANT for the work completed. C. In the event this Agreement is terminated prior to completion of the work, documents that are the property of the CITY pursuant to Section II above, shall be delivered to and received by the CITY prior to transmittal of final payment to the CONSULTANT. XIV INDEMNIFICATION/HOLD HARMLESS CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the negligent acts, errors or omissions of the CONSULTANT in performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY. The CITY agrees to defend and indemnify the CONSULTANT from any claims, damages, losses, and costs, including, but not limited to, reasonable attorney's fees and litigation costs, arising out of claims by third parties for property damage and bodily injury, including death, caused by the negligence or willful misconduct of the CITY, CITY's employees, or agents in connection with the work performed under this Agreement. If the negligence or willful misconduct of both CONSULTANT and CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the CONSULTANT and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity shall apply for such proportion. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the CONSULTANT, the CITY, and the officers, officials, employees, and volunteers of either, the CONSULTANT'S liability hereunder shall be only to the extent of the CONSULTANT'S negligence. It is further specifically and expressly understood that the E indemnification provided herein constitutes the CONSULTANT'S waiver of immunity Page 5 of 14 t under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. However, the CONSULTANT expressly reserves its rights as a third person set forth in RCW 51.24.035. XV INSURANCE The CONSULTANT shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, employees or subcontractors. No Limitation. CONSULTANT'S maintenance of insurance as required by the agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the CITY'S recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance CONSULTANT shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage; and, 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, and personal injury and advertising injury. The CITY shall be named as an insured under the CONSULTANT's Commercial General Liability insurance policy with respect to the work performed for the CITY; and, 3. Workers' Compensation coverage as required by the Industrial Insurances laws of the State of Washington; and 4. Professional Liability insurance appropriate to the CONSULTANT's profession. B. Minimum Amounts of Insurance CONSULTANT shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. j Page 6 of 14 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The CONSULTANT's insurance coverage shall be primary insurance as respect the CITY. Any insurance, self-insurance, or insurance pool coverage maintained by the CITY shall be excess of the CONSULTANT's insurance and shall not contribute with it. 2. The CONSULTANT shall provide CITY and all Additional Insureds with written notice of any policy cancellation within two (2) business days of their receipt of such notice. 3. Any payment of deductible or self-insured retention shall be the sole responsibility of the CONSULTANT. 4. The CONSULTANT'S insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage CONSULTANT shall furnish the CITY with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the CONSULTANT before commencement of the work. XVI APPLICABLE LAW This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute the venue of any litigation brought hereunder shall be Clallam County. Page 7 of 14 XVII SIGNATURES This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. XVIII ATTACHMENTS The following exhibits are hereby made a part of this Agreement. Exhibit A - Scope of Work Exhibit B - Budget Exhibit C - Fee Schedule Exhibit D - Schedule This Agreement is effective and binding as of the date of the last signature affixed below. CITY OF PORT ANGELES HERRERA ENVIRONMENTAL CONSULTANTS Dan McKeen, City Manager TITLE: Cz DATE: ��l o� �p DATE: ATTE T: APPRqVED AS TO FORM: A William E. Bloor, City Attorney Page 8 of 14 EXHIBIT A Scope of Work 2015 Elwha River Hydraulic Analysis and Remediation Herrera Environmental Consultants (Herrera) has been selected by the City of Port Angeles to analyze Elwha River hydraulics in support of assessing impacts to the existing well supply and assessing potential corrective actions. This scope of work involves the study of changes to the Elwha River bed and underlying hyporheic zone in the vicinity of the Ranney well in order to assess the potential impact of those changes to the City's water supply. Future work under this agreement may involve design of corrective actions, e.g., engineered logjams or structures to divert river flow or energy to specific locations, etc. Site Background -- River dynamics associated with channel configuration, emergency pump station in-take, fish hatchery outfall, and Ranney Well side channel • Expansion of the Elwha River floodplain downstream of the bedrock constriction results in the formation of a depositional reach within the vicinity of the treatment plant and the Ranney Well. This feature is a natural result of the geology and river dynamics. • Dam removal and the associated increase in sediment loads exacerbates the depositional attributes of the reach. Point bars with woody debris accumulations and channel adjustments/shifts are common results of depositional reaches where channels are adjusting to increased sediment loading. Until sediment loads equilibrate, the reach is likely to continue to be more dynamic than prior to dam removal, however as sediment loads return to pre dam levels it is anticipated that the reach will be less dynamic than it is currently but more dynamic than the period when the dams where in. • The original riprap spur dike (located where the current pump station bulkhead was constructed) may have acted to improve connection and flushing of the side channel inlet if the dike was overtopped during channel forming flows and greater. The alignment (extending downstream) would have functioned to turn overtopping flow towards the side channel inlet. • The pump station intake bulkhead (constructed over the footprint of the original riprap spur dike) appears to be functioning as a deflector with evidence of deposition downstream of the structure on the banks, and scour along the leading edge of the bulkhead, which would tend to encourage flow towards the left bank. • The bedrock constriction affords a higher level of certainty that the river channel alignment coming under the bridge is stable. The stable channel alignment under the bridge provides advantage when considering potential recommendations for construction of engineered logjams (ELJs)to improve activation and hydrology within the Ranney Well and hatchery outfall side channel. Page 9 of 14 Project Description The existing side channel near the Ranney Well is aggrading. The purpose of this investigation is to determine if initial deposition of fines following dam removal may be blinding the channel substrate and potentially impacting yield of the Ranney collector well, and to initiate collection of monitoring data to inform potential corrective actions. Four tasks are anticipated, as provided below: Task 1 Background and Existing conditions assessment Review of existing data by others: 1.1. Use USGS topographic data to illustrate how the channel above the Ranney well has changed over time and how dynamic the reach around the treatment plant has been 1.2. Review scientific publications produced by USGS and others to illustrate and corroborate City data collection (i.e., borings and/or test pits) 1.2.1. and corrective action assessment. 1.3. Work with existing groundwater consultant to verify monitoring and current data being collected regarding water levels (river, side channel, and well) 1.4. Review pump/draw-down tests 1.5. Request longer term continuous well monitoring data and review(if available) 1.6. Herrera will request the existing hydraulic model produced by others and review hydraulic conditions and assumptions associated with the Ranney well site to ascertain potential hydraulic and sediment impacts, model modifications that may be required to accurately reflect current conditions (updating topography etc.), and qualitatively assess predictable outcomes. 1.7. Review of maintenance records for both the intakes and wells 1.8. Identification of data gaps and proposed future data collection Piezometers and staff gage (s). 1.9. Review Ranney well details. This is a proprietary well type. Assumptions • Well data and pump/draw-down tests will be supplied by the City. • Maintenance records will be available of both the intakes and wells. • Ranney well drawings will be available from the City. Deliverables • Summary to be included in Task 3. Task 2 — Field Investigation and Support Task 2.1 —Identify monitoring data and sampling to be performed to inform conditions Task 2.2—Fieldwork • Perform side channel sub surface sampling to determine sediment deposition and identify potential confounding impermeable layers. • Install piezometers associated with Ranney well radial collectors to determine performance with sedimentation. Correlate to hydraulic depths in side channel and river. Compare to well yield study. Page 10 of 14 Assumptions • Side channel sampling/test pits will occur over a single day using a single excavator. • Excavations will not exceed 12 feet. • A Herrera geomorphologist and engineer will monitor the excavation and log the test pits. • HPA and Corps permits are not required, or they are coordinated by the City of Port Angeles, or attempt to perform excavations above OHW. • Herrera will hire excavator and operator for test pits. • Piezometers will be installed in test pits • Herrera will provide 2 well casings and 3 transducers (In-Situ brand) for the side channel/river monitoring gage and two ground water monitoring wells. • The City of Port Angeles will collect and process data from transducers. • The City of Port Angeles will correct transducer data for atmospheric pressure. • Monitoring will occur until January 31st for summarization into memo. Deliverables • Test pit logs to be included Task 3. Task 3 — Reporting A Technical Memorandum will be prepared presenting the investigation findings, including the results from Task 1 and Task 2. Assumptions • Includes summary of findings with regard to dam removal and sedimentation impacts on Ranney Well and side channel. Deliverables • Draft and final Technical Memorandum. Task 4 Additional Support (as requested) Herrera shall provide technical assistance and other services to the City, related to the Elwha River hydraulic analysis and the City's water supply system at the specific direction of authorized City staff. Technical support may include evaluation of technical proposals, further scientific/engineering analyses, economic analysis, operations and maintenance analysis, risk assessment, negotiation support with the National Park Service, or providing engineered remedies for the City's water supply on the Elwha River related to impacts from removal of the dams on the Elwha River. Page 11 of 14 I EXHIBIT B Budget 2015 Elwha River Hydraulic Analysis and Remediation Task Description Budget 1 Background and Existing Conditions $9,400 Assessment 2 Field Investigation and Support $9,900 3 Reporting $9,700 4 Additional Support $4,000 TOTAL BUDGET $339000 Page 12 of 14 EXHIBIT C HERRERA ENVIRONMENTAL CONSULTANTS,INC. 2015 BILLING RATES Direct Overhead Profit Total Hourly Level Name Classification Labor Rate (2.04 x R) (.15 x(R+O)] Billing Rate P6 Spillane, Michael Principal Engineer 72.12 147.12 32.89 252.13 P5 Parsons,Jeff Associate Engineer 52.62 107.34 23.99 183.94 P4 Wright,Tyson Senior Engineer 49.00 99.96 22.34 171.30 P4 Kays,Gus Senior Engineer 48.46 98.85 22.10 169.41 P4 Carpenter, Bruce Senior Scientist 39.84 81.27 18.17 139.28 P2 Lau,Olivia Staff CAD/GIS 28.85 58.85 13.16 100.86 P2 Marshall, Eric Staff CAD/GIS 28.84 58.83 13.15 100.82 F2 Rudnick, Tracy Accounting Staff 22.95 46.82 10.47 80.23 F2 Tonkikh, Natalya Accounting Staff 21.50 43.87 9.81 75.18 A4 Jackowich, Pamela Senior Administrative Coordinator 28.22 57.57 12.87 98.66 Herrera adjusts salaries annually in January. 8/1212015 13 of 14 EXHIBIT D Schedule 2015 Elwha River Hydraulic Analysis and Remediation This schedule is based on a Contract start date of August 15, 2015. Task Description Milestones 1 Background and Existing Install peizometers and Conditions Assessment finish test pits September 30, 2015 2 Field Investigation and Support Data collection ends January 31, 2016 for inclusion in draft Technical Report 3 Reporting Draft Report— March 1, 2016 Final Report— May 1, 2016 4 Additional Support As agreed at time of request Page 14 of 14