HomeMy WebLinkAbout000719 Original ContractCity of Port Angeles
Record #000719
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DEPARTMENT OF
ECOLOGY
State of Washington
IAA No. C1400163
INTERAGENCY AGREEMENT (IAA)
11101
THE STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY
AND
CITY OF PORT ANGELES
THIS INTERAGENCY AGREEMENT is made and entered .-into by and between the STATE OF
WASHINGTON, DEPARTMENT OF ECOLOGY, hereinafter referred to as "ECOLOGY," and the CITY
OF PORT ANGELES hereinafter referred to as the "CITY" pursuant to the authority granted by Chapter
39.34 RCW,
IT IS THE PURPOSE OF THIS AGREEMENT to provide funds from ECOLOGY to the CITY to assist
the CITY in carrying out a portion of the Port Angeles Landfill Cell Stabilization project hereinafter referred
to as "PROJECT". A summary of the total PROJECT objectives and budget are provided in Appendix A.
THEREFORE, IT IS MUTUALLY AGREED THAT:
1) STATEMENT OF WORK
ECOLOGY shall furnish funding to the CITY to implement only the Waste Relocation element of the
PROJECT at the closed Port Angeles Landfill located at 3501 West 180' Street, Port Angeles, WA 98363.
ECOLOGY shall reimburse costs in an amount not to exceed $3,999,100 to the CITY for personnel (non -
CITY employees), contracts, purchased services, equipment, and or supplies reasonable and necessary for the
performance of all or any portion of the activities set forth below:
1. Removal of existing final cover on the eastern portion of the 304 landfill cell.
2. Removal of the existing final cover from the 351 landfill cell.
3. Removal of a portion (up to 265,000 cubic yards) of the solid waste material currently contained in
the eastern portion of the 304 landfill cell.
4. Screening of removed solid waste material for identifiable dangerous wastes.
5. Appropriate management of any dangerous wastes identified during waste screening.
6. Placement of the removed 304 landfill cell solid waste material into the 351 landfill cell.
7. Placement of new final cover meeting or exceeding the requirements of WAC 173-304 on the
uncovered areas of the 304 landfill cell.
A Q�
State of Washington, Department of Ecology
IAA No. C 1400163
Page 2 of 10
8. Placement of new final cover meeting or exceeding the requirements of WAC 173-351 on the
uncovered areas of the 351 landfill cell.
9. Restoration and/or improvement of landfill gas, leachate, and stormwater systems within areas of the
facility affected by the work identified in items I through 8.
10. Construction, as necessary to maintain safety or regulatory compliance during execution of items I
through 9, of features such as access roads and temporary stormwater and wastewater facilities.
2) SCOPE OF SERVICES
The CITY intends to accomplish the itemized activities in the Statement of Work above by executing and
managing one or more contracts for construction, construction management, engineering, and archaeological
set -vices. The CITY will perform the following set -vices in accomplishment of the PROJECT. Eligible
expenses not to exceed $3,999,100 related to Tasks 2 through 5 below may be reimbursed under this
Agreement.
Task I - Proiect Administration/Management
A. This task includes the CITY personnel and their associated City General &Administrative
overhead expenses. The CITY will administer the PROJECT. Responsibilities will include,
but not be limited to: maintenance of PROJECT records; submittal of payment vouchers,
fiscal forms, and progress reports; compliance with applicable procurement, contracting, and
interlocal agreement requirements; attainment of all required permits, licenses, easements, or
property rights necessary for the PROJECT; and submittal of required performance items.
B. The CITY will manage the project. Efforts will include: conducting, coordinating, and
scheduling project activities and assuring quality control. Every effort will be made to
maintain effective communication with the CITY's designees; ECOLOGY; all affected local,
state, or federal jurisdictions; and any interested individuals or groups. The CITY will carry
out this PROJECT in accordance with any completion dates outlined in this Agreement.
Required Performance:
1. Effective administration and management of this PROJECT.
2. Timely submittal of all required performance items, progress reports, and financial
vouchers.
Task 2 -Archaeology/Cultural Resources
All ground disturbing activities for the PROJECT will be managed as part of an accepted
Archaeological Monitoring/Inadvertent Discovery Plan.
Required Performance:
1. Provide monitor where required for excavation activities.
2. Protect or recover archaeological resources consistent with local, state, federal and tribal
requirements.
3. Submit a copy of all executed contracts for archaeology/cultural resources services
performed under this task. The CITY must submit executed contracts before ECOLOGY
will consider reimbursement for work performed under this task.
State of Washington, Department of Ecology
IAA No. C1400163
Page 3 of 10
Task 3 - Construction Management, Construction Engineering, and Quality Assurance
A. The CITY will provide adequate and competent construction management and inspection for
the PROJECT using a construction management consultant. The CITY and consultant will
revise or update the schedule whenever major changes occur and resubmit to ECOLOGY.
The CITY will review and approve change orders (see Task 5) and authorize payments to the
construction contractor.
B. The consultant will develop a detailed Construction Quality Assurance Plan. This plan must
describe the activities which the consultant will undertake to achieve adequate and competent
oversight of all construction work.
C. To provide construction quality assurance and quality control, the consultant will conduct
field engineering and construction inspections to ensure the work and materials are in
conformance with the contract documents and are of acceptable quality. Performance testing
will be monitored to ensure compliance with specifications and ability to meet performance
requirements. Daily written and verbal reports of construction activities will be performed.
D. The CITY will undertake professional engineering work from an engineering consultant as
required during the course of construction. Engineering support during construction may be
required to interpret original design intent, review Contractor proposed changes, develop
solutions to adapt the design to any unforeseen conditions, and review Contractor submittals
that document materials, equipment, and systems to be incorporated into the work. Also
included is engineering consultant preparation of Operation and Maintenance (O&M)
manuals for new facilities, and the preparation of record drawings to document as -built
conditions. The CITY will provide ECOLOGY's Project Manager with a set of "as -built"
plans.
Required Performance:
I. Submit a copy of all executed contracts for engineering and construction quality
assurance services performed under this task. The CITY must submit executed contracts
before ECOLOGY will consider reimbursement for work performed under this task.
2. Invite ECOLOGY Project and Financial managers to pre -construction meeting.
3. Submit a Construction Quality Assurance Plan.
4. Ensure a high level of construction quality.
5. Ensure PROJECT is constructed as outlined in approved Plans and Specifications.
6. Submit Record Drawings (as-builts) to ECOLOGY.
7. Provide O&M Manual for review and approval by ECOLOGY.
Task 4 — Project Construction (low bid)
A. The CITY will execute a construction contract with the low responsive responsible bidder to
construct the PROJECT.
B. The selected construction contractor will perform all construction activities for the project.
Contractor responsibilities include provision of material for and construction of the
PROJECT in conformance with the contract documents, and within the contract time
specified.
C. The CITY will complete the construction in accordance with the approved Plans and
Specifications.
State of Washington, Department of Ecology
IAA No. C1400163
Page 4 of 10
Required Performance:
1. Satisfactory completion of the PROJECT in conformance with the approved Plans and
Specifications.
2. Submit the following required submittals:
a. Bid Tabs, the Notice of Award, and a copy of the executed contract. The CITY must
submit Bid Tabs, the Notice of Award, and a copy of the executed contract before
ECOLOGY will consider reimbursement for work performed under this task.
b. Copy of the advertisement for bids and the affidavit of publication.
c. Copy of the notice to proceed.
d. Minutes of the pre -construction meeting.
3. Ensure constructed facilities in conformance with Contract Documents.
4. Complete work in a timely manner.
5. Ensure successful start-up of new systems.
6. Provide required training of the CITY staff regarding warranties, and guarantees for the
equipment, materials, and workmanship.
7. Comply with all applicable local, State, and Federal regulations and requirements related
to the work.
Task 5 --Construction Change Order Contingency
A. The CITY and its consultants will negotiate all construction contract change orders to the
construction contract necessary for successful completion of the PROJECT.
B. The CITY will submit the construction contract change orders to ECOLOGY for approval.
Required Performance:
Submit all construction contract change orders to ECOLOGY. Changes to the construction
contract must be approved prior to reimbursement for work performed under this task.
ECOLOGY will review and confirm:
1. Completed work meets the performance requirements in the Task descriptions.
2. Work is executed in a manner which complies with all applicable local, State, and Federal
regulations and requirements related to the work.
3) RELATIONSHIP OF PROJECT TO SOLID WASTE PERMIT
Clallam County Environmental Health Services (CCEHS) is the permitting authority for the Port Angeles
Landfill, The PROJECT will require a modification of the CITY's existing solid waste permit for the landfill.
The CITY has submitted an application to CCEHS for the solid waste permit modification. Several
PROJECT task elements require regulatory approval from CCEHS under the solid waste permit. The CITY's
submittals of relevant documents to CCEHS and to ECOLOGY, and subsequent CCEHS's approvals of them
through the modification of the solid waste permit, will satisfy for the purposes of this Agreement the
following performance requirements in the Scope of Services above:
• Task 3, Requirement 3 - Submit a Construction Quality Assurance Plan.
• Task 3, Requirement 6 - Submit Record Drawings (as-builts) to ECOLOGY.
• Task 3, Requirement 7 - Provide O&M Manual for review and approval by ECOLOGY.
State of Washington, Department of Ecology
IAA No. 01400163
Page 5 of 10
4) PERIOD OF PERFORMANCE
Subject to its other provisions, the period of performance of this Agreement shall commence on the date the
agreement is signed by ECOLOGY and be completed by June 30, 2015 unless terminated sooner as provided
herein. Amendments extending the period of perfonnance, if any, shall be at the sole discretion of
ECOLOGY.
5) PAYMENT
Compensation for the work provided in accordance with this Agreement has been established under the terms
of RCW 39,34.130 and in accordance with Governor's Executive Order 10-07 and RCW 39.26.180(3). This
is a performance-based contract, in which payment is based on the successful completion of expected
deliverables. Payment for eligible costs shall not exceed $3,999,100 unless the parties mutually agree to a
higher amount. ECOLOGY will not make payment until it has reviewed and confirmed completed work is
included in the list of reimbursable activities set forth in the Statement of Work, and meets the performance
requirements provided in the Scope of Services.
6) BILLING PROCEDURE
The CITY shall submit a request for payment to ECOLOGY no more frequently than once per month.
The CITY must submit a request for payment on approved State Invoice Voucher forms: A194A, B2,
C2, provided electronically by ECOLOGY. Until there is a change in agency policy, the CITY must
submit an A 19- 1 A with an original signature in blue ink, signed by an authorized person. The B2 and C2
forms may be submitted in electronic format. The CITY must also include copies of invoices to support
costs itemized on Form C2. Invoices must be provided in the order they are itemized on the C2 and may
be submitted electronically with the B2 and C2 forms.
A request for payment and all invoices are to be submitted to:
By USPS By e-mail
ATTN: TAMI RAMSEY taini.ramsey@ecy.wa.gov
W2R PROGRAM — SWRO
DEPARTMENT OF ECOLOGY
PO BOX 47775
OLYMPIA WA 98504-7775
Each invoice shall reference the Agreement number C1400163 and identify the related activity itemized in
the Statement of Work and Scope of Services. A final claim for payment shall be submitted within 30 days
after the completion of the work or within 15 days after the Agreement expiration date, whichever is earlier.
ECOLOGY will approve payments within 30 days of receipt of a properly completed payment request.
Payment for approved and completed work will be issued through Washington State's Department of
Enterprise Services Statewide Payee Desk. To receive payment you must register as a state-wide vendor
by submitting a state-wide vendor registration form and an IRS W-9 form at website,
litti.):HwN,vw.des.w,i.gov/set-vices/Coiitraqt!Lls Pruchasin<,, Busines"s/Vendo""��l"`�/l`�`��`�"�`/�iefault.aspx. If you
have questions about the vendor registration process You can contact DES at the Payee Help Desk at
(360) 407-8180 or email l)aveeheIl)desk(cDtdes.wa.go .
State of Washington, Department of Ecology
IAA No. C1400163
Page 6 of 10
7) AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding
unless they are in writing and signed by personnel authorized to bind each of the parties.
8) THIRD -PARTY CONTRACTS
The CITY agrees to take complete responsibility for all actions of any third -party contracts used for the
performances under this Agreement.
Following execution of a third -party contract, the CITY will submit a copy of the signed contract to
ECOLOGY. ECOLOGY will review the contract and provide a written determination for costs eligible
for reimbursement under this Agreement and the backup documents required to support those costs,
9) ASSIGNMENT
The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or
delegable by either party in whole or in part, without the express prior written consent of the other party,
which consent shall not be unreasonably withheld.
10) DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the
following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The
members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute
Board shall review the facts, agreement terms and applicable statutes and rules and make a determination
of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto.
As an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330, in which event the Governor's process will control.
11) GOVERNANCE AND PRECEDENCE
This Agreement is entered into pursuant to and under the authority granted by the laws of the state of
Washington and any applicable federal laws. The provisions of this Agreement shall be construed to
conform to those laws.
In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable
statute or rule, the inconsistency shall be resolved by giving precedence in the following order:
a. Applicable Federal and State of Washington statutes, regulations and rules.
b. Mutually agreed written amendments to this Agreement.
c. This Agreement.
d. Statement of Work and Budget.
e. Any other provisions of the Agreement, including materials incorporated by reference.
12) INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement shall continue
to be employees or agents of that party and shall not be considered for any purpose to be employees or agents
of the other parry.
State ofWashington, Department ofEcology
lAANo. Cl40Ol63
Page 7oflO
13) RECORDS MAINTENANCE
The parties W this Agreement shall each maintain books, records, docmonts and other evidence that
sufficiently and properly reflect all direct and indirect costs expended bveither patty in the performanceof
the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of
ohbcr party, other personnel duty authorized by either party, the Office of the State Auditor, and federal
oO5oiu|a so authorized by law. All books, records, documents, and other material relevant tothis Agreement
will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any
persons duly authorized by the parties aboJ| have full aooeau and the right to examine any ofthese materials
during this period.
Records and other documents, iuany medium, furnished byone party tothis agreement Nthe other patty,
will remain the property of the fondubiug party, unless Nhooviae agreed. The receiving party will not
diao)000 or make available this material to any third parties without fiotgiving notice to the furnishing patty
and giving itareasonable opportunity torespond. Each party will utilize reasonable security procedures and
protections tuoaauo that records and documents provided by the other party are not erroneously disclosed to
third parties.
14) RIGHTS IN DATA
Unless otherwise provided, data which originates from this Agreement shall be"works for hire" as defined by
the O.S.Copyright Act ofl976and shall heowned bvECOLOGY, Data shall include, but not belimited to,
reports, documents, pamphlets, odvoMiaonocnN' hooky magazines, surveys, studies, computer programs,
films, tapes, and/or sound reproductions. Ownership includes the right tu copyright, patent, register, and the
ability totransfer these rights.
15) SEVERABILITY
If any provisionofUda Agreement or any provision ofany document incorporated bvreference shall beheld
invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect
without the invalid provision, if such remainder contbonu to the requirements of applicable law and the
fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be
severable.
16) TERMINATION FOR CONVENIENCE
Either party may terminate this Agreement upon thirty (3Ndays' prior written notification tothe other party.
If this Agreementiaooterminated, the parties shall beliable only for performancerendered oro|igih\000ats
incurred inaccordance with the terms ofthis Agreement prior tothe effective date oftermination.
17) TERMINATION FOR CAUSE
If for any ouune' either party does not fulfill in u timely and proper manner its obligations under this
Agreement, or if either party violates any of these terms and conditions, the aggrieved party will givethe
other party written notice ofsuch failure or violation. The responsible party will be given the opportunity to
correct the violation o,failure within )5working days. If failure orviolation imnot corrected, this Agreement
may be terminated immediately by written notice of the aggrieved party to the other.
State of Washington, Department of Ecology
IAA No. C1400163
Page 8 of 10
18) FUNDING AVAILABILITY
ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from
state, federal, or other Sources is withdrawn, reduced, or limited in any way after the effective date and prior
to completion or expiration date of this agreement, ECOLOGY, at its sole discretion, may elect to terminate
the agreement, in whole or part, or renegotiate the agreement, subject to new funding limitations or
conditions. ECOLOGY may also elect to suspend performance of the agreement until ECOLOGY
determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no
notification restrictions.
19) WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement
unless stated to be such in a writing signed by an authorized representative of the party and attached to the
original Agreement.
20) AGREEMENT MANAGEMENT
The representative for each of the patties shall be responsible for and shall be the contact person for all
communications regarding the performance of this Agreement.
The ECOLOGY Representative is:
The CITY Representative is:
Name:
Peter Lyon
Name:
Kathryn Neal, P.E.
Regional Section Manager
Engineering Manager
Address:
W2R Program - SWRO
Address:
PO Box 1150
PO Box 47775
(321 East Fifth St)
Olympia WA 98504-7775
Port Angeles, WA 98362-0217
Phone:
(360) 407-6381
Phone:
(360) 417-4821
Email:
plyo461 @ecy.wa.gov
Email:
kneal@cityofpa.us
Fax:
(360) 407-6305
Fax:
(360) 417-4709
State of Washington, Department of Ecology
IAA No. C1400163
Page 9 of 10
21) ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of
the parties hereto.
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement.
State of Washington
Department of Ecology
gignat# Date
Polly Zehm
Deputy Director
Approved as to form:
Attorney General's Office
City of Port Angeles
Signature Date
F) a -A V�I.,U
Dan McKeen
U �w M A -A etz' e'r
City Manager
State of Washington, Department of Ecology
IAA No. C 1400163
Page 10 of 10
LANDFILL CELL STABILIZATION PROJECT
PROJECT SUMMARY
The Port Angeles Landfill Cell Stabilization Project is being undertaken to prevent an uncontrolled
release of municipal solid waste into the Strait of Juan de Fuca, Port Angeles Landfill serves eastern
Clallam County and the cities of Port Angeles and Sequim. It is located on the west edge of town at
the end of W. 18`h Street. As a result of continuing erosion at the base of the bluffs along the Strait of
Juan de Fuca, the edge of one of the municipal solid waste cells was exposed at the top of the135 ft -
high bluff in 2011. The CITY has made short term repairs, but a larger project is needed to protect the
Strait from the threat of deposition of refuse.
This project is based on a managed retreat of the landfill away from the shoreline, rather than
extensive shoreline armoring. The remediated shoreline will form an embayment through natural
erosive forces, and the amount of refuse removed is sufficient to provide at least 25 years of
protection, based on conservative (high) estimates of erosion rates. The two primary elements of the
project are:
1) Waste Relocation - Relocation of up to 265,000 cubic yards of refuse from the eastern portion
of the 304 Cell and placement of the refuse in the 351 Cell;
2) Seawall Modifications - Modifications at the ends of an existing seawall to provide scour
protection and an adaptable transition between the seawall and the eroding bluff.
The CITY is proceeding with project design and permitting, and the project is scheduled to be
advertised for bids between March 2014 and May 2014, with a strong preference for the earlier date.
The entire project construction is scheduled to be complete by October 2014, when wet weather is
anticipated to make site work unfeasible. If construction is not complete at that time, a second
construction season will be required in May through October 2015.
TOTAL PROJECT ESTIMATED COSTS
Design, site investigations, and permitting
$2,938,057
Post Construction Award Design Support
$500,000
Construction Management Services
$1,600,000
Construction Contract, including tax
$14,660,000
TOTAL
$19,698,057
ECOLOGY SHARE REIMBURSEMENT
Task I Project Administration/Management (City personnel and
associated Indirect Costs)
$0
Tasks 2 through 5
$3,999,100
TOTAL
$3,999,100
0- 0007 / q
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March 14, 2014
Mr. Daniel McKeen
City of Port Angeles
PO Box 1150
Port Angeles, WA 98362
RE: Interagency Agreement No. C 1400163
Dear Mr. McKeen:
The enclosed executed interagency agreement provides up to $3,999,100 to City of Port Angeles to
implement the activities outlined in the agreement.
Your Ecology project manager is Bill Harris, and your Ecology financial manager is Tami Ramsey. Please
do not hesitate to contact either party anytime for assistance. We look forward to working with You
throughout this agreement period.
S ii n- c 1, y,
Peter Y
P er Y L
Y. y�yo(
'Regional Section Manager
Waste 2 Resources Program
cc: Polly Zehm, Deputy Director
Sally Toteff, Director — Southwest Regional Office
Jim Pendowski, Manager — Toxics Cleanup Program
Bill Harris, Environmental Engineer - Southwest Regional Office
Tami Ramsey, CPG Manager - Southwest Regional Office
Mike Puntenney, City Engineer — City of Port Angeles