HomeMy WebLinkAbout000251 Original ContractCity of Port Angeles
Public Works Utilities Department.
Engmeenng Services Division
321 E. Fifth Street
Port Angeles WA 98362
Tel: 360 417 -4700
Fax: 360 -417 -4709
On -Call Agreement: OCA 2011 -02
ON -CALL WASTEWATER UTILITY ENGINEERING SERVICES
HIS ON-CALL AGREEMENT (Agreement) is made and entered into this th day of
e-e 2011, by and between the CITY OF PORT ANGELES (CITY), a non charter code city of
the State of Washington, (hereinafter called the "CITY and Brown and Caldwell, Inc., a California
corporation authorized to do business in the state of Washington (hereinafter called the "CONSULTANT
CITY and CONSULTANT may hereinafter be referred to as "Parties."
WHEREAS, the CITY desires engineering, consulting, and planning assistance related to Wastewater
Utility infrastructure and systems; and
WHEREAS, the CITY desires to engage the professional services and assistance of a qualified consulting
firm to perform the scope of work as detailed in Exhibit A, 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
City of Port Angeles
Record #000251
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:
THE PARTIES HEREBY AGREE AS FOLLOWS:
I SCOPE OF SERVICES
General Scooe. This agreement will provide professional engineering services for the City of Port Angeles
Wastewater Utility. The CONSULTANT intends to provide engineering technical support, studies, design,
and post -award construction services for the City of Port Angeles Wastewater Utility and its Capital
Program. This Agreement shall be effective on the last date set forth in the signature page. This
Agreement will remain in force and effect for inclusion of additional "Tasks" for two years from the
effective date of this Agreement.
The scope of professional services to be performed for Task 1 and Task 2 and the results to be achieved
by the CONSULTANT shall be as detailed in the attached Exhibit Al, and shall include all services and
material necessary to accomplish the work. Additional work may be included as provided elsewhere in
this agreement.
The CITY may review the CONSULTANTS work product, and if it is deemed not satisfactory, the
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CONSULTANT shall make such changes as may be required by the CITY. Such changes shall not
constitute "Extra Work" as defined in Section XI of this Agreement.
The CONSULTANT agrees that all services performed under this Agreement shall be in accordance with
the standards of the engineering profession and in compliance with applicable federal, state and local
laws in effect when the services are rendered.
The Scope of Work may be amended upon written approval of both parties.
This Agreement does not grant an exclusive right to the engineering work covered in the Scope of
Services to the CONSULTANT. The CITY reserves the right to contract with other parties or by other
means if deemed to be in its interest.
II OWNERSHIP OF DOCUMENTS
Upon completion of the work, all documents, exhibits, photographic negatives, digital photos, drawings,
survey data, field notations, electronic data and modeling, or other presentations of the work shall
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, and without liability on the part of CONSULTANT.
III DESIGNATION OF REPRESENTATIVES
Each party shall designate its representatives in writing. The CONSULTANTS representative shall be
subject to the approval of the CITY.
IV TIME OF PERFORMANCE
The CONSULTANT may begin work upon written direction to proceed from the CITY for each Task.
The work for shall be completed within a performance period as specified in each Task. The performance
period for the Agreement is set forth in Exhibit B. The time of performance for Task 1 and Task 2 are set
forth in Exhibit B1.
V MAXIMUM COMPENSATION
Unless otherwise agreed to in writing by both parties, the CONSULTANTS total compensation and
reimbursement under this Agreement, including labor, direct non -salary reimbursable costs and outside
services, shall not exceed the maximum sum of $142,109. This amount comprises Task 1 through
Task 2 of this Agreement. The budgets for Task 1 and Task 2 are set forth in the attached Exhibit C1.
The CONSULTANT'S total compensation for each additional project, work, study, or undertaking
authorized during the term of this Agreement, shall be specifically set forth in Tasks and adopted by
amendment to this Agreement. Compensation and payment procedures are set forth in Exhibit C.
VI INDEPENDENT CONTRACTOR STATUS
The relation created by this Contract 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 of
the details of the services to be provided. 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.
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VII 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 CITY employee
without the CITY's written consent.
VIII 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.
IX 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.
X 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 work. 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.
XI 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 Work set forth in Exhibit A and Al 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.
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XII TERMINATION OF AGREEMENT
A. The CITY may terminate this Agreement at any time upon not Tess than ten (10) days written notice
to the CONSULTANT. Written notice will be by certified mail sent to the CONSULTANTs designated
representative at the address provided by the CONSULTANT.
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. CITY may suspend Tasks at its sole discretion. If the Task is suspended by CITY for more than 30
consecutive days, CONSULTANT shall be compensated for services performed prior to the notice of
suspension. When the Task is resumed, provided the suspension was not caused by CONSULTANTs
negligence or wrongful act, CONSULTANTs compensation shall be equitably adjusted to provide for
expenses incurred in the interruption and resumption of CONSULTANTs services. Upon such
resumption, CONSULTANT shall promptly continue with its responsibilities under this Agreement and,
if the parties are unable to agree on an equitable adjustment as provided in this section.
In the event of termination or suspension as provided for above, CONSULTANT will provide CITY all
Construction Drawings, sketches, renderings, models, other reproducible drawings, surveys,
field notations, reports, photographs, calculations, prepared by CONSULTANT under this
Agreement, copies of all correspondence and papers received or issued by CONSULTANT and all
equipment and publications authorized by CITY for purchase shall be delivered to CITY upon
request and CITY shall have the same rights to their use as if the termination or suspension had
not occurred. 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. CITY's alteration of CONSULTANTs work product or use of incomplete work
product or its use by CITY for any other purpose shall be at CITY's sole risk, and without liability
to CONSULTANT.
XIII FORCE MANURE
A. Definition. For the purposes of this Contract, "Force Majeure" means an event which is beyond the
reasonable control of a Party including, but not limited to (1) strikes, lockouts, work slowdowns or
stoppages, or accidents, (2) acts of God, 3) and delay caused by an act or omission of the other
Party, and which makes a Party's performance of its obligations under the Contract impossible or so
impractical as to be considered impossible under the circumstances
B. No Breach of Contract. The failure of a Party to fulfill any of its obligations under the contract shall
not be considered to be a breach of, or default under, this Contract insofar as such inability arises
from an event of Force Majeure, provided that the Party affected by such an event has taken all
reasonable precautions, due care and reasonable alternative measures in order to carry out the terms
and conditions of this Contract, and has informed the other Party as soon as possible about the
occurrence of such an event.
C. Extension of Time. Any period within which a Party shall, pursuant to this Contract, complete any
action or task, shall be extended for a period equal to the time during which such Party was unable
to perform such action as a result of Force Majeure.
D. Payments. During the period of their inability to perform the Services as a result of an event of Force
Majeure, the Consultant shall be entitled to continue to be paid under the terms of this Contract,
notwithstanding that any costs caused by an act or omission of the other Party will be borne by the
party incurring the same.
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XIV INDEMNIFICATION /HOLD HARMLESS AND INSURANCE
Indemnification Hold Harmless
CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, employees and authorized
volunteers harmless from any and all claims, injuries, damages, losses or suits including reasonable
attorney fees, arising out of or resulting from the negligent or wrongful acts, errors or omissions of the
CONSULTANT in performance of this Agreement, except for injuries and damages caused by the
negligence of the CITY.
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 and the CITY, its officers, officials,
employees, and volunteers, the CONSULTANTs liability hereunder shall be only to the extent of the
CONSULTANTs negligence. It is further specifically and expressly understood that the indemnification
provided herein constitutes the CONSULTANTS waiver of immunity 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.
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. Insurance requirements are set forth in Exhibit E.
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.
XV CONSULTANT'S KEY PERSONNEL AND SUBCONSULTANTS
CONSULTANTS key personnel and sub consultants for this Agreement as described in the selection
process and designated in Exhibit F to this Agreement, shall remain assigned for the duration of the
Agreement unless otherwise agreed to in writing by the CITY. The CITY shall not unreasonably withhold
approval of staff changes. The CITY may require substitution of any personnel or sub consultant provided
that the CITY has first notified the CONSULTANT in writing and allowed a reasonable period for
adjustments and /or corrections.
XVI PERFORMANCE EVALUATION
The CITY will conduct written evaluation of CONSULTANT's services on this Agreement. CONSULTANT
will be given a copy of the evaluation report and will have an opportunity to provide a written response.
The evaluation and the response will be kept in CITY's files to be used as part of the selection process for
future engineering services.
XVII CORRECTIONS AND APPROVALS
A. Corrections. Any defective designs, specifications, drawings, products, or services furnished by
CONSULTANT will be promptly corrected by CONSULTANT at no cost to CITY.
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B. Approvals. CITY's approval, acceptance, use or payment for all or any part of CONSULTANTS services
or of the Task itself shall in no way alter CONSULTANTs obligations or CITY's rights hereunder.
XVIII REPRESENTATIONS AND WARRANTIES
CONSULTANT hereby represents and warrants to CITY the following:
A. that CONSULTANT is financially solvent, able to pay CONSULTANTs debts as they mature and
possessed of sufficient working capital to complete the services required and perform CONSULTANTs
obligations hereunder;
B. that CONSULTANT will only accept a work assignment if CONSULTANT is able to furnish any of the
plant, tools, materials, supplies, equipment, and labor required to complete the services required and
perform all of CONSULTANTS obligations hereunder and has sufficient experience and competence to
do so;
C. that CONSULTANT shall comply with all applicable state and local laws, statutes, and ordinances
relating to professional registration, licensing and authority to perform all of CONSULTANTs
obligations required to be performed under this Agreement;
D. that CONSULTANTs execution of this Agreement and CONSULTANTS performance thereof is within
CONSULTANTs duly authorized powers; and
E. that CONSULTANTs duly authorized representative has visited the Task site, become familiar with
the local conditions under which the services required hereunder are to be performed and correlated
CONSULTANTs observations with all of the requirements of the Contract Documents. CONSULTANT
agrees that the representations and warranties in this Subparagraph XI.] shall survive the execution
and delivery of this Agreement.
XIX 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.
XX EXHIBITS AND 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. The
following exhibits are hereby made a part of this Agreement:
Exhibit A Scope of Services
Exhibit Al Scope of Services for Task 1 and Task 2
Exhibit B Performance Period
Exhibit B1 Schedule of Performance for Task 1 and Task 2
Exhibit C Compensation and Payment Procedures
Exhibit C1 Budget for Task 1 and Task 2
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Exhibit D1 2011 Hourly Wage Rates
Exhibit D2 2012 Hourly Wage,Rates (to be provided in January 2012)
Exhibit D3 2013 Hourly Wage Rates (to be provided in January 2013)
Exhibit E Insurance
Exhibit F CONSULTANT's Key Personnel and Sub consultants
This Agreement represents the entire and integrated agreement between CITY and CONSULTANT and
supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement
may be amended only by written instrument signed by both CITY and CONSULTANT.
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IN WITNESS WHEREOF: The Parties hereto have executed this Agreement by having their authorized
representatives affix their signatures below.
CONSULTANT CITY
BROWN AN CALDWELL, INC.
BY:. L al BY: r CITY MANAGER
TITLE: 41® L 626
SIGNATURE DATE: I 21 /1
OCA 2011 -02
CITY OF PORT ANGELES
SIGNATURE DATE:
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SECTION 1. GENERAL PROVISIONS
EXHIBIT A
SCOPE OF SERVICES
The CONSULTANT shall provide to the'CITY's Department of Public Works Utilities Department
CONSULTANT services for various CITY engineering services and projects.
The CONSULTANT'S services shall be provided as requested by the City Manager or his designee on an as
needed basis, as set forth in a "Task Tasks may be for any engineering technical support, work, study,
design, project, etc. that is within the general scope of this agreement. The CONSULTANT shall provide
general assistance on issues pertaining to CITY Wastewater Utility projects and support and shall prepare
other engineering CONSULTANT services for the CITY's Wastewater Utility. Additional tasks authorized
after the Agreement is signed will be adopted into the agreement by Amendment.
A. The CONSULTANT shall perform all services to the satisfaction of the City Engineer.
B. All of the services furnished by the CONSULTANT under this AGREEMENT shall be of the currently
prevailing professional standards and quality demonstrated and provided by engineering consultant
professionals of similar knowledge and skill engaged in related work throughout Washington under the
same or similar circumstances. All documentation prepared by CONSULTANT shall provide for a
completed Task that conforms to all applicable codes, rules, regulations and guidelines which are in effect
at the time such documentation is prepared.
C. All work performed under this AGREEMENT shall be authorized in the initial AGREEMENT or by an
additional Task that is adopted into the agreement by Amendment. Each Task shall detail the nature of
the specific services to be performed by the CONSULTANT, the time limit within which such services must
be completed and the compensation for such services. Such details shall include a description of the Task
for which CONSULTANT shall perform the services, the geographic limits of the Task, the type and scope
of services to be performed, the format and schedule for deliverables, the schedule of performance, and
the schedule of compensation. CONSULTANT shall not perform any services unless part of the original
agreement or authorized by a fully executed Amendment for the Task. Any unauthorized services
performed by CONSULTANT shall be at no cost to the CITY.
D. CONSULTANT shall begin work under the Task only after receipt of the Amendment bearing the
approval signature of the City Manager or the City Manager's designee and the signature of the City
Attorney approving the Amendment as to form. Each additional Task issued under this AGREEMENT by
the CITY shall be incorporated into the terms and conditions of this AGREEMENT by amendment.
E. CITY will assign a Project Manager to facilitate each Task authorized under this AGREEMENT.
CONSULTANT shall coordinate with the designated Project Manager on the performance of each Task.
F. CONSULTANT shall be responsible for the coordination with CITY and federal, state and local agencies
that are necessary for all services authorized under this AGREEMENT.
SECTION 2. BASIC SERVICES.
CONSULTANT shall provide engineering CONSULTANT services for CITY wastewater utility technical
support, studies, design, and post -award construction services. CONSULTANT shall provide the general
types of services set forth below. This list of services is meant to be illustrative in nature only and is not
meant to be a complete or exclusive list.
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1. Technical support services for operations and engineering assistance related to the City's
wastewater system or other utilities at the specific request and direction of authorized City staff. No
such assistance or services shall be provided unless specifically directed by City in writing via email or
more formal communication. The purpose of this task is to facilitate timely response by Consultant to
needs that are unforeseen at this time. The budget for this task is a contingency allowance that
includes labor and expenses.
2. Develop and provide a Wastewater Control Facilities Engineering Report consistent with the
Wastewater Utility's NPDES permit for submission to the Washington State Department of Ecology for
various proposed construction and modification projects to existing wastewater control facilities. The
planned improvement projects for this report include:
Septage Receiving Station, Project WW02 -2008
Digester Mixing Improvement, Project WW05 -2008
Plant De- Watering Improvements, Project WW02 -2005
Carbon Scrubbers, Project WW04 -2008
Plant Programmable Logic Controller /HMI Replacement, Project WW02 -2010
Dry Polymer Feeder Replacement, Project WW01 -2008
Waste Activated Sludge thickening, Project WW06 -2008
Turbo Blower Installation, Project WW01 -2010
Pumpstation #3 Flow Impediments and Pump Evaluation
3. Develop and provide a Combined Sewer Overflow Reduction Plan Amendment that is in compliance
with requirements in the Wastewater Utility's NPDES permit. The amendment must include a detailed
implementation schedule based on the City of Port Angeles Combined Sewer Overflow (CS))
Reduction Plan (June 2006) and cover the period through 2015, and achievement of the one CSO per
outfall per year goal, whichever is greater. Requires completion in time for a City submission to the
Department of Ecology no later than July 31, 2012.
4. Develop and provide studies, permitting, design plans and project specifications for selected
wastewater utility projects and requirements as determined by the City.
SECTION 3. SPECIFIC SERVICES.
A. Service Initiation
Prepare Task Scope and Proposal Upon request of CITY's Project Manager, CONSULTANT shall meet
with the Project Manager to discuss the Task. CONSULTANT shall become familiar with the Task
description, scope and goals and develop proposed scope of services.
CONSULTANT shall prepare a proposed scope of work consistent with the standard electronic format of
CITY Professional Service Agreement Amendments as determined by the Project Manager. The proposed
scope of services shall, at a minimum, include the following: Task Description, Scope of Services including
deliverables, and Schedule of Performance and Schedule of Compensation. For each Task, in addition to
the specified services, products and deliverables detailed in the Task, CONSULTANT shall typically
perform the following sub tasks, which may be aggregated for administrative efficiency:
Sub -Task 1 Initial Meeting Prior to beginning substantive work on a Task, CONSULTANT shall
meet with CITY to establish procedures and notifications for any necessary meetings and
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communications with CITY staff; collect available data from the CITY and establish additional data
needs and availability; confirm the format for all Task products and deliverables; and address any
preliminary Task concerns. The meeting will be the primary opportunity to discuss the CITY'S intent,
schedule and budget for the Task. The CONSULTANT shall prepare minutes of the meeting and
distribute minutes to meeting participants.
Sub -Task 2 Task Coordination Meetings CONSULTANT shall attend and /or conduct Task
coordination meetings as required to perform authorized services and as required by Project
Manager. CONSULTANT shall prepare minutes of each meeting and distribute minutes to participants.
Sub -Task 3 Task Schedule CONSULTANT shall prepare and submit a detailed schedule of
performance consistent with the schedule contained in the Task to the Project Manager for review
and approval. CONSULTANT shall confirm or update the schedule monthly at a minimum. Any
changes to the schedule shall only be permitted with the written approval of City Engineer.
Sub -Task 4 Task Progress Report CONSULTANT shall submit a monthly report to the Project
Manager detailing progress on the Task services.
Sub -Task 5 Request for Payment Invoice CONSULTANT shall submit progress payment invoices
to the Project Manager monthly, as specified in EXHIBIT C. The updated Task schedule and progress
report may be submitted as attachments to the invoice.
Sub -Task 6 Task Record CONSULTANT shall develop and maintain a detailed record of the
chronology of the Task milestones completed that are decisive, conclusive, or relevant to the
outcome of the Task. CONSULTANT shall submit a copy of the Task Record to the Project Manager
prior to final payment for services performed on the Task. The Record shall be submitted in both
paper and electronic format.
Sub -Task 7 Project Documents Aside from deliverables specified in the Task, and before the
conclusion of the Task and final payment for services performed on the Task, CONSULTANT shall
submit to the Project Manager a copy of all Task documents that are decisive, conclusive, or relevant
to the outcome of the Task. Such documents may include, without limitation, topographical surveys
and mapping, field notations, utility mapping, site inventories, base plans, reports and studies, permit
applications and permits, environmental documentation, records of meetings, and communication
documents. Documents shall be submitted in both paper and electronic format, as available.
The Project Manager will review and comment on proposed scope of work, and the parties shall
agree on the terms of the final Task. CONSULTANT shall not be compensated for work performed in
preparing a draft scope of services for a Task.
B. Task Authorization
The finalized Amendment for the Task will be authorized by the City Manager or his designated
representative in accordance with authorization procedures provided in the City of Port Angeles Municipal
Code, Section 3.05.
C. Service Implementation
Upon receipt of an authorized Task and Notice -to- Proceed, CONSULTANT shall begin Task services
described therein.
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This scope of work provides for general assistance to the wastewater utility and specifically includes
preparation of an Engineering Report /Facilities Plan related to improvements to the City wastewater
treatment plant and conveyance system and On Call services.
Task 1. On Call Assistance
EXHIBIT Al
SCOPE OF SERVICES
TASK 1 AND TASK 2
Consultant shall provide technical assistance and other services to City related to City's wastewater
system or other utilities at the specific and written request and direction of authorized City staff. The
purpose of this task is to facilitate timely response by Consultant to needs that are unforeseen at
this time. The budget for this task is a contingency allowance that includes labor and expenses.
Work will be done to the extent this budget remains available.
Task 2. Wastewater Control Facilities Engineering Report
This task consists of preparation of an engineering report consistent with the Wastewater Utility's
NPDES permit and that complies with the requirements of WAC 173 240 -060. In addition, to
preserve the option of pursuing federal monies, this report will be developed as a Facility Plan as
described in WAC 173 240 -060 (5) and 40 CFR 35.917 -1. WAC 173 240 -020 (6) states that a
Facility Plan is equivalent to an Engineering Report as it relates to compliance with WAC 173 -240-
060 and minimal Washington State Department of Ecology (Ecology) requirements.
In June, 2010 BC conducted a workshop with the City to review and discuss a number of City
proposed capital facility projects, most of which related to improvements at the City's wastewater
treatment plant. The planned improvement projects to be considered include:
Septage Receiving Station, Project WW02 -2008
Digester Mixing Improvement, Project WW05 -2008
Plant De- Watering Improvements, Project WW02 -2005
Carbon Scrubbers, Project WW04 -2008
Plant Programmable Logic Controller /HMI Replacement, Project WW02 -2010
Dry Polymer Feeder Replacement, Project WW01 -2008
Waste Activated Sludge thickening, Project WW06 -2008
Turbo Blower Installation, Project WW01 -2010
Pumpstation #3 Flow Impediments and Pump Evaluation
The workshop concluded the improvements were feasible although the full costs were not yet
identified, that coordination with the CSO program was required and that final definition of the
proposed projects was dependent on final sizing to suit flow and loading projections and policy
decisions around sludge disposal. The work for this task will be built upon these previous
discussions with the City by incorporating the various City identified projects into the subtasks
described below.
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The following subtasks are included for preparation of the Engineering Report/Facility Plan:
Subtask 2.1 PS #3 Replacement
Using initial results obtained from the City flow measuring, evaluate conveyance hydraulics, identify
pipe limitations, and identify pumping requirements. Prepare general schematic of improvements
required to replace pumping and eliminate upstream backups including a map overlay with tentative
siting options. The design would be complete to approximately 30 The results shall be
incorporated in the Facility Plan for Ecology review. Subsequent detailed design will be updated to
accommodate results of a later modeling task using the stream of City flow data.
City Responsibilities:
1. Secure flow measurement data from a representative location for flows reaching PS #3 based
on BC location recommendations.
2. Identify City preferences if additional pump station site area is required
Subtask 2.2 WWTP Improvements (Solids Processing)
Scope of Evaluation: This work will include verification of the plant flows and loading projections
and establishing the current sludge processing system as a baseline. The projections will be based
on previously developed data as much as possible; extensive re- evaluation of the projected flows
and loadings will not be conducted. Based on the current practice of producing a Class A sludge, BC
will assist in identifying a future process based on a qualitative screening of options, preliminary
footprint arrangement will be developed in order to improve cost estimates and identify construction
sequencing requirements. The selected process will then be compared with retention of the existing
(baseline) process. An implementation plan will be developed including input from the City on
financing and CIP requirements. City staff will prepare the required SEPA documentation and assist
with verifying as -built condition of plant drawings provided by BC. Process definition and footprint
layouts would be considered to take the design to the 10 -15% level of completion. The results to be
incorporated in the Facility Plan for Ecology review.
Activities:
1. Establish Current Solids Process Baseline (In plant Offsite, including disposal)
a. Verify plant influent flows and loading projections and update projections to 2031 as
the current 20 -year planning horizon
b. Develop projections of future septage volumes and loadings
c. Using projected flows and loadings, establish design criteria for solids processing
systems.
d. Develop questionnaire to gather information from City including Sizing/capacity;
equipment condition and remaining life; 0 &M cost. Questionnaire to be reviewed
with City staff via teleconference
e. Baseline parameters will be summarized with Tables Figures for later inclusion in
report
f. Objective is to focus on major equipment that will need to be replaced within the
planning horizon and the current Class A process through final disposal /utilization
2. Evaluate offsite Class A Options
a. Sustaining the current composting program
b. Other
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3. Evaluate onsite Class A biosolids production Options
a. Screening of Alternatives including:
External heat only
pH adjustment plus more lime to generate heat
pH plus external heat
b. Select Preferred Alternative;
review with City,
present recommendations and
identify decision via City and BC team teleconference workshop
c. Prepare generic vendor layout; sizing, cost, construction sequence, and identify
required equipment replacements
d. Provide comparative evaluation of the onsite offsite (baseline) options
e. Develop implementation Plan including identified projects, their cost,funding
requirements, and schedule
f.
4. Prepare Facility Plan document
a. conduct informational review meeting with DOE
b. submit draft Facility Plan /Engineering Report for City review
c. Submit draft Facility Plan /Engineering Report for Ecology review
d. Prepare final Facility Plan /Engineering Report.
City Responsibilities:
1. Provide recent as well as projected population data
2. Provide plant data including Discharge Monitoring Reports (DMRs), operational reports, and
septage data for the last 3 years.
3. Complete questionnaire on current operations and equipment condition
4. Develop financial scheduling and rate information
5. Formulate CIP suitable for City implementation
6. Prepare draft SEPA checklist for submittal to Ecology
Deliverables:
1. Draft Class A preferred option
2. Draft Facility Plan (Engineering Report)
3. Final Facility Plan (Engineering Report)
Subtask 2.99 Project Management
Objective: Provide overall project team leadership and guidance to align the project tasks with City
of Port Angeles (City) objectives and provide project deliverables within budget and time constraints.
To coordinate, monitor, and control the project resources to meet the technical, communication, and
contractual obligations required for developing and preparing the planning documents.
Activities:
1. Management teleconferences as necessary to track issues, progress and budget
2. Submit monthly invoices with progress reports
3. Maintain task schedule and update as necessary
4. Maintain project documents relevant to task performance, conclusions and decisions
5. Provide for coordination and availability of BC resources committed to task performance
OCA 2011 02
14 Rev 12/02/2011
City Responsibilities:
1. Maintain record of milestones and decisions completed
Deliverables:
1. Meeting agenda and summaries of key meeting issues and action items
2. Monthly status reports that include any scope, schedule or budget issues anticipated or
arising
3. Monthly invoices
4. Project documents constituting the basis of the work and decisions
OCA 2011 -02
END OF EXHIBIT
15 Rev 12/02/2011
EXHIBIT B
PERFORMANCE PERIOD
All work under this AGREEMENT shall be completed within performance periods set forth in the Tasks.
This Agreement shall be effective on the last date set forth in the signature page. This Agreement will
remain in force and effect for inclusion of additional Tasks for two years from the effective date of this
Agreement.
The terms of this Agreement shall remain in full force and effect throughout the performance period for
any for all Tasks authorizing the performance of work under this Agreement that are properly executed
prior to the expiration of this two -year period.
Hourly rates are established for each performance year of the Agreement in Exhibit D.
OCA 2011 02
END OF EXHIBIT
16 Rev 12/02/2011
EXHIBIT B1 SCHEDULE OF PERFORMANCE FOR TASK 1 AND TASK 2
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Exhibit Bt Schedule of Initial Tasks
Section 2. Payment Hourly Rate basis.
EXHIBIT C
COMPENSATION
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.
Section 1. Maximum Compensation for On -call Agreement.
1.1 Maximum Amount: Any hours worked for which payment would result in a total exceeding the
maximum compensation amount specified in Article V above, shall be at no cost to the CITY.
1.2 Manner of Payment: Each Task will set forth whether the CITY will pay the CONSULTANT for work
performed under such Task on a time and materials pnce basis or on a lump sum basis. Section 2 of this
Exhibit applies to all Tasks where the CITY will pay the CONSULTANT on an hourly basis for the work
performed.
2.1 Payment shall be on the basis of the CONSULTANT'S cost for actual labor, overhead and profit plus
CONSULTANT'S direct non -salary reimbursable costs as set forth in the attached Exhibit C1.
Notwithstanding anything to the contrary, the hourly rates set forth in Exhibit D are valid for the term of
this On -call Agreement unless changed by written amendment.
2.2. Labor costs shall be based on the estimates shown in Exhibit C1 and hourly wages and rates shown
in Exhibit D. Exhibit D shall be updated each January to reflect the CONSULTANT'S current wage rates for
the coming calendar year. Hourly rates shall be based upon an individual's hourly wage, times a
multiplier of 3.25. The multiplier shall include overhead, CADD, computer and profit. General clerical
time shall be considered an overhead item, except where specific work items are involved that require
one hour or more continued effort, in which case time will be charged on the basis of hours worked.
2.3 The direct non -salary reimbursable costs are those directly incurred in fulfilling the terms of this
Agreement, including, but not limited to, travel, subsistence, telephone, reproduction and printing,
supplies and fees of outside services and CONSULTANTs. No overhead and profit may be added to direct
non -salary reimbursable costs.
Section 3. Payment Additional Requirements
3.1 The Task shall specify the maximum amount of compensation for the work, including both payment
for professional services and reimbursable expenses, based on CONSULTANT'S estimate for the scope of
work. CONSULTANT shall complete all work it is required to perform under the Task for no more than the
specified maximum amount except as that may be amended by the City in writing. Any hours worked for
which payment would result in a total exceeding this maximum amount shall be at no cost to CITY.
3.2 If the Task itemizes budget amounts for any phase or category of work then CONSULTANT shall not
exceed such itemized amount without the City Engineer's prior written authorization. The City Engineer
may approve, in writing, transfers of budget amounts between any of the phases or categories of work
listed in the Task, provided the aggregate total compensation does not exceed the maximum
compensation.
3.3. Payment for "Extra Work" performed under Section XI of this Agreement shall be as agreed to by
OCA 2011 02
19 Rev 12/02/2011
the parties in writing.
3.4 Invoice: Every month CONSULTANT shall invoice CITY for work performed during the immediately
previous month. Invoices shall detail the work, hours, employee name, and hourly rate; shall itemize with
receipts and invoices the non -salary direct costs; shall indicate the specific task or activity in the Scope of
Work to which the costs are related; a detailed description of the reimbursable expenses incurred and the
amount of such expenses, documents supporting the reimbursable expenses and shall indicate the
cumulative total for each task. The invoice shall also show the total to be paid for the invoice period, the
aggregate amounts of payments received to date under the Task and the balance of maximum
compensation for remaining work on the Task. The CITY shall review the invoices and make payment for
the percentage of the Task that has been completed less the amounts previously paid within 30 days of
receipt of a correct and acceptable invoice.
3.5 Electronic Funds Transfer.
(a) Method of payment.
(1) All payments by the City under this contract shall be made by electronic funds transfer (EFT),
except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the
funds transfer and may also include the payment information transfer.
(2) In the event the City is unable to release one or more payments by EFT, the Contractor agrees
to either
(1) Accept payment by check or some other mutually agreeable method of payment; or
(ii) Request the City to extend the payment due date until such time as the City can make
payment by EFT (but see paragraph (c) of this clause).
(b) Contractor's EFT information. Within two weeks following award of the contract, Contractor shall
arrange for EFT transfer through the City's Finance Department following Finance Department policy. In
the event that the EFT information changes, the Contractor shall be responsible for providing the updated
information to the City's Finance Department.
(c) Suspension of payment. If the Contractor's EFT information on file with the Finance Department is
incorrect, then the City need not make payment to the Contractor under this contract until correct EFT
information is provided and processed; and any invoice or contract financing request shall be deemed not
to be a proper invoice for the purpose of late payment under this contract.
(d) Liability for uncompleted or erroneous transfers.
(1) If an uncompleted or erroneous transfer occurs because the City used the Contractor's EFT
information incorrectly, the City remains responsible for
(i) Making a correct payment;
(ii) Paying any late payment penalty due after 30 days of City receipt of a proper invoice; and
(iii) Recovering any erroneously directed funds.
(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was
incorrect, or was revised within 30 days of City release of the EFT payment transaction, and
(i) If the funds are no longer under the control of the City's Finance Department, the City is
deemed to have made payment and the Contractor is responsible for recovery of any erroneously
directed funds; or
(ii) If the funds remain under the control of the City's Finance Department, the City shall not
make payment, and the provisions of paragraph (c) of this clause shall apply.
(e) EFT and late payment interest. A payment shall be deemed to have been made in a timely manner
in accordance with the payment terms of this contract if, in the released EFT payment transaction, the
date specified for settlement of the payment is on or before the late payment due date.
OCA 2011 02
20 Rev 12/02/2011
(f) Liability for change of EFT information by financial agent. The City is not liable for errors resulting
from changes to EFT information made by the Contractor's financial agent.
(g) Payment information. The Finance Department shall forward to the Contractor available payment
information that is suitable for transmission as of the date of release of the EFT, using the format and
delivery method most convenient to the City. If the City makes payment by check in accordance with
paragraph (a) of this clause, the City shall mail the payment information to the remittance address
contained on file.
OCA 2011 -02
END OF EXHIBIT
21 Rev 12/02/2011
Task
Task Descri tion
1 On -Call Services
Services TBD
OCA 2011 02
EXHIBIT C1
BUDGET
TASK 1 AND TASK 2
Total Estimated
Labor Hours
Total Labor
Estimate
Total Other
Direct Costs
Total
Estimate
170
170
END OF EXHIBIT
24,839
24,839
O 24,839
O 24,839
2 WW Control Facilities Eng Report 840 116,820 450 117,270
001 2.1 PS #3 Replacement 182 25,932 200 26,132
002 2.2 WWTP Improvements (Solids Processing)
003 2.2.1 Baseline 50 7,390 0 7,390
004 2.2.2 Offsite Options 24 3,523 100 3,623
004 2.2.3 Onsite Class A Options 246 31,495 0 31,495
006 2.2.4 Prepare Facility Plan /Meet with DOE 254 36,229 150 36,379
099 2.99 Project Management 84 12,251 0 12,251
GRAND TOTAL 1,010 141,659 450 142,109
22 Rev 12/02/2011
Minimum Maximum
Category Description Grade Hourly Rate Hourly Rate
Drafter
Sr. Acct Clerk
Office /Support Services IV
Project Coordinator II
Project Analyst
Word Processor IV
Engineer /Scientist I
Administrative Supervisor
Marketing Coordinator III
Engineer /Scientist II
Designer
Comp Sys Analyst /Programmer I
Technical Writer
Senior Project Analyst
Senior Project Coordinator
Engineer /Scientist III
Sr Technician
Inspector III
Principal Designer
Senior Engineer /Scientist
Supervising Designer
Principal Engineer /Scientist
Supervising Engineer /Scientist
Managing Engineer /Scientist
Executive Engineer
Vice President
OCA 2011 -02
EXHIBIT D1
HOURLY WAGE RATES
(2011)
$49.88
$49.88
$49.88
$61.23
$61.23
$61.23
$61.23
$71.59
$71.59
$71.59
$71.59
$71.59
$71.59
$71.59
$71.59
$82.28
$82.28
$82.28
$94.42
$94.42
$108.83
$108.83
$123.41
$139.96
END OF EXHIBIT
$79.68
$79.68
$79.68
$100.08
$100.08
$100.08
$100.08
$119.20
$119.20
$119.20
$119.20
$119.20
$119.20
$119.20
$119.20
$139.96
$139.96
$139.96
$164.40
$164.40
$193.39
$193.39
$224.18
$259.81
$268.92
This table reflects the rates for BC for 2011. At the end of each calendar year, BC reviews rates and makes
adjustments as needed to account for raises and cost of living increases.
23 Rev 12/02/2011
INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICE AGREEMENTS
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.
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.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington._
4. Professional Liability insurance appropriate to the CONSULTANT's profession.
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.
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.
OTHER INSURANCE PROVISION
The CONSULTANT's Automobile Liability and Commercial General Liability insurance policies are to
contain, or be endorsed to contain that they 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
Contractor's insurance and shall not contribute with it.
ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
OCA 2011 02
EXHIBIT E
INSURANCE
24 Rev 12/02/2011
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.
NOTICE OF CANCELLATION
The CONSULTANT shall provide the CITY with written notice of any policy cancellation, within two
business days of their receipt of such notice.
FAILURE TO MAINTAIN INSURANCE
Failure on the part of the CONSULTANT to maintain the insurance as required shall constitute a material
breach of contract, upon which the CITY may, after giving five business days notice to the CONSULTANT
to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such
insurance and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the CITY on demand, or at the sole discretion of the CITY, offset against funds due the
CONSULTANT from the CITY.
OCA 2011 02
END OF EXHIBIT
25 Rev 12/02/2011
EXHIBIT F
CONSULTANT'S KEY PERSONNEL AND SUB CONSULTANTS
Staff Name
Classification
Project Role
Beer, Jonathan D
Bergdolt, David P
Billing, Brandon M
Chapman, Thomas M
Draheim, Daniel P
Foy, Carrie A
Jimenez, Rudy
Kelly, Kathleen T
Leavitt, Arthur M
Lubke, Linnea S
McCleary, David E
Melcer, Henryk
Merrill, Milford S
O'Neal, Michael
Schneider, Douglas L
Tam, Patricia S
Twenter, Hayes J
Vestergaard- Hansen, Bo
Warburton, Jack
Wilcox, Shirley J
Senior Engineer
Managing Engineer
Engineer II
Senior Engineer
Technical Writer
Accountant I
Senior Drafter
Senior Project Analyst
Engineer III
Supervising Engineer
Managing Engineer
Vice President
Vice President
Managing Engineer
Managing Engineer
Principal Engineer
Principal Engineer
Principal Engineer
Senior Vice President
1 Word Processor IV
No Subconsultants are under contract for the current scope of work.
OCA 2011 02
END OF EXHIBIT
Mechanical Systems Engineer
Review /QA
Modeling Support
Lead Solids Process Engineer
Technical Writer /Editing
Accountant I
Civil CAD support
Senior Project Analyst
Civil Engineer, Siting
Lead I &C Engineer
Lead Structural Engineer
Process Evaluation and Design
Hydraulic Modeling Lead
Project Manager, CSO Program Assessment
Mechanical Engineer /QA
WWTP Process Engineer
Engineer /Modeling Support
Pumping /Solids Processing Systems Engineer
Planning /Decisions Facilitation
Word Processor IV
26 Rev 12/02/2011