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HomeMy WebLinkAbout000707 Original ContractCity of Port Angeles Record #000707 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND Murray, Smith & Associates, Inc. WW 07-2013 Wastewater Utility_Professional Services Agreement RELATING TO: EDIZ HOOK SANITARY SEWER FORCE MAIN RENOVATION 04, THIS AGREEMENT is made and entered into this day of , K, by and between THE CITY OF PORT ANGELES, a non-charter code city of the State of Washington, (hereinafter called the "CITY") and Murray, Smith & Associates, Inc., 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 Ediz Hook sanitary sewer force main renovation; and WHEREAS, the CITY desires to engage the professional services and assistance of a qualified consulting firm to perform the Scope of Services 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 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 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 Professional Standard of Care the CONSULTANT shall make such changes as may be required by the CITY. Such changes shall not constitute "Extra Wore 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 Page 1 of 7 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. III 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 May 31, 2014. 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 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 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 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 percentage of the project 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. Page 2 of 7 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 $12,000. 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 $12,000. 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 of 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. 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 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, Page 3 of 7 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. 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. Page 4 of 7 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 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 solely 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 indemnification provided herein constitutes the CONSULTANT'S 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. 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 Page 5 of 7 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: 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. 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. 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 Page 6 of 7 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. XVII 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 B - Budget Exhibit C - Schedule of Charges Exhibit D - Schedule IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF PORT ANGELES DAN McKEEN, CITY MANAGER CONSULTANT MURRAY, SMITH & ASSOCIATES, INC. APPROVED AS TO FORM: ATTEST: JAN A HURD, CITY CLERK Page 7 of 7 EXHIBIT A SCOPE OF SERVICES WASTEWATER UTILITY PROFESSIONAL SERVICES AGREEMENT Ediz Hook Pressure Sewer PROJECT WW 07-2013 BACKGROUND The 4-inch pressure sewer on Ediz Hook was constructed as part of Project 92-11 Ediz Hook USCG Base Wastewater Facility. The pressure sewer serves the US Coast Guard base, the City restroom at Ediz Hook, and a number of private connections. Each facility has independent Iift stations that discharge into the pressure sewer main. The 4-inch main 15 approximately 2.8 miles in length, lays at a nearly flat grade, and discharges into manhole M012 located immediately south of the log canal on Marine Drive. From there, sewage flows in an 8-inch gravity main to pump station 3 at the base of Hill Street. The pressure sewer was laid at a standard depth below the street as it existed in 1997 — the time of construction. It has random high spots which are fitted with air release valves. The 4-inch pressure sewer is experiencing high levels of hydrogen sulfide gas. H2S in excess of 900 ppm has been measured at manhole M012, and high levels of H2S have also been measured at various points along the pressure sewer between manhole M0112 and the security fence at the USCG base. H2S has also been measured in the manholes between manhole M012 and pump station 3, the level of H2S diminishing between manhole M012 and the pump station. The levels of H2S pose a serious safety hazard to City maintenance personnel, a potential explosion hazard, and a source of severe corrosion potential to the concrete gravity sewer. Hydrogen sulfide and methane are generated by the decomposition of organic matter in the pressure sewer. The long sewer length and small amounts of sewage result in long residence time (several days) in the pressure sewer — a condition conducive to the decomposition of organic matter and generation of H2S and methane. The City is proposing a two phase approach to correct the H2S problem. Phase 1 involves an engineering study to determine the best way to deal with the H2S problem by either treatment to eliminate H23 in the system, elimination of H2S by mechanical means, or a combination of both. The goal of Phase 1 is for the engineer to recommend the best combination of methods to bring H2S levels down to safe levels. Phase 2 involves the implementation of the recommendations presented in Phase 1, including preparation of engineering plans to construct the necessary facilities. Phase 2 may also include pilot testing to determine effectiveness and dosing requirements of the recommended method of addressing H2S problem. Phase 2 will be authorized with a future amendment. WW 07-2013 Page 1 SCOPE OF SERVICES Phase 1 1. Review City provided plans, drawings, data, etc., to determine system operating characteristics and potential sources of hydrogen sulfide (H2S) generation and/or entrapment. This will include reviewing any available flow records or information regarding the use of the pressure sewer system and the characteristics of the wastewater. Z. Investigate to confirm utility locations and take measurements as necessary. This will include inspection of associated air release valves and downstream manholes. No additional H2S testing or system modeling is anticipated under this scope of services. 3. Evaluate available treatment and/or reduction technologies to minimize H2S concentration. 4. Conduct a teleconference summarizing causes of H2S buildup and possible Best Management Practices (BMPs) to reduce H2S to safe levels. 5. Prepare engineering memo to briefly outline BMP option(s) and recommend a preferred option based on current conditions, available funding, and City preferences. A draft memo will be submitted for City review and comments will be incorporated into the final memo. MSA Responsibilities: 1. Teleconference summarizing causes of H2S and possible BMP's. 2. Engineering memo outlining proposed BMP's - a draft and final editions. 3. Engineer's estimate for proposed BMP's. City Responsibilities: 1. Construction plans of the pressure main and downstream gravity sewer construction. 2. Record photographs documenting pressure sewer construction and manhole conditions pre- and post- pressure sewer construction. 3. All available records and information pertaining to the operation of the pressure sewer: pump run times, pump size, facility usage, wastewater characteristics, etc. 4. Field measurements of H2S levels collected by the City. S. Access to air release valves and manholes during a site visit. 6. Engineering design and/or inspection reports of pressure sewer as available. 7. Topographic mapping, utility mapping, and ortho photos of Ediz Hook and pump station 3. END OF DOCUMENT WW 07-2013 Page 2 EXHIBIT B BUDGET WASTEWATER UTILITY PROFESSIONAL SERVICES AGREEMENT Ediz Hook Pressure Sewer, Phase 1 PROJECT WW 07-2013 Phase 1 Task Description Fee Estimate 1 Existing Data Review $1,000 2 Site Visit $1,400 3 Evaluation ofAlternatives $5,200 4 Teleconference with City $600 5 Engineering Memo $3,800 TOTAL $12,000 WVVO7-2O1] END OF DOCUMENT Page 1 EXHIBIT C SCHEDULE OF CHARGES Personnel: Labor will be invoiced by staff classification at the following hourly rates. Administrative $74.00-91.00 Technicians $85.00-122.00 Engineering Designers $106.00-130.00 Professional Engineers $122.00-171.00 Principal Engineers $176.00-212.00 Project Expenses: Expenses incurred in-house that are directly attributable to the project will be invoiced at actual cost. These expenses include the following: Computer Aided Design and Drafting $16.00/hour Mileage Current IRS Rate Communications Charge 1% of Invoiced Labor Postage and Delivery Services At Cost Printing and Reproduction At Cost Travel, Lodging and Subsistence At Cost Outside Services: Outside technical, professional and other services will be invoiced at actual cost plus 10 percent to cover administration and overhead. Everett 2014 MURRAY, SMITH & ASSOCIATES, INC. Engineers/Planners EXHIBIT D SCHEDULE WASTEWATER UTILITY PROFESSIONAL SERVICES AGREEMENT Ediz Hook Pressure Sewer PROJECT WW 07 -2013 Activity Schedule (calendar days) Begin Project 10 days of notice of award Teleconference report summarizing sources of problem and possible BMP's 30 days of notice of award Deliver draft memo with preferred BMP solutions 45 days from notice of award Deliver final memo 10 days from receipt of comments on draft memo END OF DOCUMENT WW 07 -2013 Page 1