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