HomeMy WebLinkAbout5.705 Original Contract
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5. 7D5
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF PORT ANGELES
AND
BROWN AND CALDWELL
PROJECT 05-04
RELATING TO": WASTEWATER AND STORMWATER ENGINEERING AND PLANNING
SERVICES
THIS AGREEMENT is made and entered into this 1'7 tA... day of
2005, by and between THE CITY OF PORT ANGELES, a non-charter code city of the tate of
Washington, (hereinafter called the "CITY") and BROWN AND CALDWELL, INC., a California
Corporation (hereinafter called the "CONSULTANT").
WHEREAS, the CITY desires engineering consulting and planning assistance related to
wastewater and stormwater 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
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:
SCOPE OF WORK
The scope of professional services to be performed and the results to be achieved by the
CONSULTANT shall be as detailed in the attached Exhibit A and shall include all services and
material necessary to accomplish the work.
The CITY may review the CONSULTANT'S work product, and if it is not satisfactory, the
CONSULTANT shall make such changes as may be required by the CITY. Such changes
shall not constitute "Extra Work" as related in Section XII of this Agreement.
The CONSULTANT agrees that all services performed under this Agreement shall be in
accordance with the standards of the profession and in compliance with applicable federal,
state and local laws.
The Scope of Work may be amended upon written approval of both parties.
2005 Brown & Caldwell Agreement
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II OWNERSHIP OF DOCUMENTS
Upon completion of the work, all documents, exhibits, photographic negatives, 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 ~pecifically verified
or adapted by the CONSULTANT. However, any alteration or reuse 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 1he CITY.
IV TIME OF PERFORMANCE
The CONSULTANT may begin work upon execution of this Agreement by both parties and the
duration of the Agreement shall extend through January 31,2006. 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.
1. Labor costs shall be based on the hourly rates shown in Exhibit C. Hourly rates shall be
based upon an individual's hourly wage, times the total number of hours worked, times
a multiplier of 3.364 . 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. 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.
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; shall indicate the specific task or activity in the Scope
of Work 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.
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D. The CONSULTANT invoices are due arid payable within 30 days of receipt. In the event
of a disputed billing, only the disputed portion will be withheld from payment.
E. Final payment for the balance due to the CONSULTANT will be made upon 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 and outside services, shall not exceed the maximum sum of $160,000.00. 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 $160,000.00.
VII INDEPENDENT CONTRACTOR STATUS
The relation created by this Contract is that of employer-independent contractor. The
Contractor is not an employee of the City and is not entitled to the benefits provided by the City
to its employees. The Contractor, as an independent contractor, has the authority to control
and direct the performance of the details of the services to be provided. The Contractor 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,
2005 Brown & Caldwell Agreement
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B. The CONSULTANT shall comply witli 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 ttie work covered by this Agreement
without the written consent of the CITY.
B. The CONSULTANT will be using the firms submitted with its proposal as subcontractors.
Subcontractors other than those listed shall not be permitted without the written consent of
the CITY.
C. 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 subconsultant 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 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.
XII EXTRA WORK
The CITY may desire to have the CONSULTANT perform work or render services in
connection with this project, in addition to the Scope of Work 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.
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 percentage of 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
2005 Brown & Caldwell Agreement
Page 4 of 7
received by the CITY prior to transmittal of final payment to the CONSULTANT.
XIV INDEMNIFICATION/HOLD HARMLESS
The CONSULTANT agrees to indemnify the CITY from any claims, damages, losses, and
costs, including, but not limited to, 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 CONSULTANT, CONSULTANT employees, affiliated
.corporations, officers, and subcontractors in connection with the work performed under this
Agreement.
The CITY agrees to indemnify the CONSULTANT from any claims, damages, losses, and
costs, including, but not limited to, attorney's fees and litigation costs, arising out ot-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 and the CITY, its officers, officials, employees, and volunteers, 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.
The CONSULTANT shall provide a Certificate of Insurance evidencing:
1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per
accident for bodily injury and property damage; and,
2. Commercial General Liabilitv insurance written on an occurrence basis with limits no less
than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal
injury, bodily injury and property damage. Coverage shall include but not be limited to:
blanket contractual; products/completed operations; broad form property damage; explosion,
2005 Brown & Caldwell Agreement
Page 5 of 7
collapse and underground (XCU) if applicable; and employer's liability; and,
3. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence.
Any payment of deductible or self-insured retention shall be the sole responsibility of the
CONSULTANT.
The CITY shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of
the endorsement naming the CITY as additional insured shall be attached to the
Certificate of Insurance. The CITY reserves the right to review a certified copy of all required
insurance policies in the CONSULTANT's office.
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.
The CONSULTANT'S insurance shall be primary insurance as respects the CITY, and the
CITY shall be given thirty (30) days prior written notice of any cancellation, suspension or
material change in coverage.
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 Work
Exhibit B - Budget for Each Task
Exhibit C - Consultant Labor Costs and Non-salary Reimbursable Costs
Exhibit D - Schedule for the Work
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first written above. -
2005 Brown & Caldwell Agreement
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CONSULTANT
TITLE:
2005 Brown & Caldwell Agreement
Page 7 of 7
ATTEST:
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BECKY UP N, ITY CL RK -
Exhibit A
2005 Scope of Services
DRAFT
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PORT ANGELES AND BROWN AND CALDWELL
FOR ENGINEERING SERVICES
EXHIBIT A
2005 SCOPE OF SERVICES
This scope of work is for engineering services to be provided by Brown and Caldwell
(the Consultant) in connection with wastewater and combined sewer overflow (CSO)
issues of the City of Port Angeles, Washington (City).
The three tasks comprising this project and the scope of work for each task are as
follows:
· Task 1 - CSO Comprehensive Plan Update
. Task 2 - Treatment Plant Re-rating
. Task 3 - Direct Wastewater Services
These tasks are further described as follows:
Task 1. CSO Comprehensive Plan Update
Objective. Task 1 involves the completion of a final version of the "City of Port Angeles
Combined Sewer Overflow (CSO) Reduction Plan Update". A Draft of this report was
completed and submitted to the Washington Department of Ecology (Ecology) in
October 2004. This report is required as part of the City"s NPDES Permit, Section lIE,
and shall comply with the requirements of WAC 173-245-090 (2) and Ecology's
Administrative Order issued to the City in April 2004. In addition to the WAC
requirements, this task will result in the further development of the following:
1. A capital improvement program (CIP) necessary to achieve compliance with the
WAC once per year control requirement by 2015 or 2029 has been developed.
Consultant will further define this CIP based upon the outcome of the negotiated
CIP implementation deadline with Ecology.
2. Refine prioritized construction sequence and cash flow schedule for identified
projects.
3. Identification and scheduling of permit requirements.
4. Analysis of the City's funding capacity and potential basis for implementation
schedule beyond 2015.
Exhibit A - Page 1 of 7
February 2005
5. Development of a detailed CSO CIP, financing program, and rate implementation
recommendations.
Sub task 3.1: Continuation of Pipe Flow Modelin2
The Consultant will use previous flow data to review the accuracy of the model that was
developed and calibrated using the historical flow information and the flow monitoring
information. Re-calibration runs will be performed on the model as new data is provided
by the City.
Subtask 3.2: Further Evaluation of the Selected CSO Reduction Projects
Brown and Caldwell will provide in-depth analysis for incorporation into the Draft CSO
Reduction Plan Update and CIP development of comments provided by Ecology to the
October 2004 Draft CSO Reduction Plan Update report. The following information may
be provided as part of the evaluation:
· Treatment requirements and impacts on the treatment plant
. Change in CSO pollutant discharge
· Volume reduction
· Impact at CSO outfalls during phases of construction
· Prioritization of construction phasing
· Cash flow schedule
· Financing Plan and Rate Impact Analysis
· Permitting requirements
· Land requirements
· Requirements to accommodate growth
City Responsibilities.
· Provide review comments on deliverables.
· Provide flow data for use in model re-calibration
Deliverables.
· Final CSO Reduction Plan Update report.
Exhibit A - Page 2 of 7
February 2005
Task 2. Treatment Plant Re-rating
Objective. The primary objective of Task 2 is to continue determining how to
maximize the hydraulic capacity of the treatment plant while satisfying permit
requirements, operational and maintenance requirements, and flexibility inherent in the
proposed blending regulations within acceptable risks. Of equal importance will be to
identify the bottlenecks in the plant and prioritize improvements to add additional
capacity to the plant. These improvements may include changes in operating
characteristics, removal of bottlenecks, and/or construction of new units. The re-rating
work commenced in mid-2004 but has not been fully-implemented yet due to lack of
rainfall and problems associated with obtaining quality laboratory and flow data.
Approach. The process analysis and recommendations will be a collaborative effort of
the City operations and engineering staff with Brown and Caldwell as indicated below.
Brown and Caldwell recognizes that the City staff will ultimately be responsible for
operating the plant and meeting permit conditions. In addition, peak storm events are
necessary to fully implement the re-rating evaluation.
Consultant services will include the following:
. Task management
. Collection and review of historical performance data.
. Evaluation of the integrity of the sampling and analytical protocols, and flow
monitoring equipment.
. Plant hydraulic profile evaluation and outfall hydraulics.
. Evaluation of the primary and secondary clarifier performance.
. Biological process evaluation.
. Solids mass balance.
. Solids treatment train unit process evaluation:
. Addressing air quality and odor control concerns relating to re-rating.
. Preparation of a re-rating report
The above-described scope of services are further defined as follows:
Collection and Review of Historical Performance Data (Consultant). Three years of
performance data will be compiled and reviewed to assess plant performance in response
to seasonal changes in wastewater characteristics and environmental conditions. Data for
primary effluent, tricklmg effluent and final effluent, and operational parameters such as
Exhibit A - Page 3 of 7
February 2005
SRT, flows, solids generation rate, and oxygen uptake rate would be part ofthis review.
Hourly influent data would facilitate the estimation of storm water flows through the
plant. A process objective workshop is recommended as follows:
Plant hydraulic profile evaluation (Consultant). The plant hydraulic profile will be
verified using Consultant's Profile software calibrated to field conditions using the
following procedure:
. Conduct field reconnaissance and review plant data.
· Construct hydraulic model of liquid stream unit processes.
. Calibrate hydraulic model to field conditions.
. Identify hydraulic bottlenecks.
Primary clarifier evaluation (Consultant and City). This analysis will establish the
maximum capacity of the primary and secondary clarifiers, identify inefficiencies, and
determine if any adjustments are required to maximize clarifier performance using the
following procedure:
· Statistically correlate TSS and BOD removals with hydraulic and mass
loading.
. Conduct field inspection of clarifiers.
. Conduct full scale TSS testing.
. Conduct settling tests to measure settleable solids fraction.
Secondary clarifier evaluation (Consultant and City). This analysis will establish the
maximum capacity of the primary and secondary clarifiers, identify inefficiencies, and
determine if any adjustments are required to maximize clarifier performance using the
following procedure:
· Statistically correlate TSS and BOD removals with hydraulic and mass
loading.
· Conduct field inspection of clarifiers.
· Conduct full scale DSS, ESS, FSS, and TSS testing.
· Conduct settling tests to create batch-settling curves and conduct state point
analysis.
Biological Process Evaluation. The following services will need to be performed in
order to evaluate the biological processes:
· Dry Weather Sampling Program (City). Over a two-week period, data are
taken simultaneously of various streams in the plant to provide the
information required for a steady-state calibration of the model. There are
two elements to the wastewater characterization study: (1) wastewater
sampling and (2) mass balance sampling:
Exhibit A - Page 4 of 7
February 2005
o Wastewater Sampling. Daily composite sampling 'is performed over a
two-week period. For each sampling day, raw influent, secondary
influent (i.e., primary effluent inclusive of any supernatant return
streams), trickling filter effluent and secondary effluent are sampled
and analyzed for total and soluble BOD, COD, and phosphorus, TSS,
TVSS, NH3-N, TKN, N03-N. Samples must be 24-hour composite
samples. Mixed liquor and waste activated sludge (WAS) are sampled
on a once-per-day grab basis and sampled for MLSS, ML VSS, and
COD. Parallel data on operational parameters such as OUR, SVI,
mixed liquor temperatur~ will also be collected. The influent to the
trickling filter will be analyzed separately for COD fractions.
o Mass Balance Sampling. It is anticipated that better raw data may be
available for plant influent flows and loads than for internal plant
sludge and liquid streams. Brown and Caldwell will work with the
City to derive or estimate missing data; however, new monitoring or
metering installations or data collection may be necessary. Data as
daily grabs over a two-week period are preferable. These should
include solids stream recycle flows and concentrations.
· Model Calibration (Consultant). The data from the sampling program and
analysis of the historical database will be used to calibrate the Trifil model.
· Analysis of Flow Data and Construction of Storm Flow Model
(Consultant). One hourly influent flow data for one year will be reviewed.
Data for storm flow periods will be analyzed to construct a regression model
for a typical storm flow input to the plant. This model will be superimposed
upon the diurnal input to the process model so as to facilitate the simulation of
storm flow conditions through the plant.
· Biological Process Evaluation - Winter Sampling Program (City). This
task will be repeated during a 14-day period to observe plant performance at
the lowest annual wastewater temperature.
· Biological Process Evaluation - Veriflcation of Model Calibration
(Consultant). Data from the winter calibration period will be used to modify
model temperature coefficients if necessary and to verify the model
calibration with an independent set of data.
· Blending Options (Consultant) - The ratio of primary only and secondary
blending as required to meet effluent permit conditions will be identified.
Solids Mass Balance (Consultant and City). Understanding how solids are inventoried,
accumulated and consumed in the liquid and solids stream processes is key to
understanding the capacity of the whole plant. The mass balance links the results of the
Exhibit A - Page 5 of 7
February 2005
. .
previous tasks together to assess the tradeoffs between increasing performance in one
section of the plant versus another. This task will be accomplished by:
· Evaluate solids data and previous task results.
· Prepare numerical solids mass balance model.
· Calibrate and analyze model results.
.- Prepare mass balance diagrams.
Solids Treatment Train Evaluation (Consultant and City). The capacity of the
components making up the solids treatment train will be evaluated from vendors'
performance estimates.
Addressing air quality and odor control concerns relating to re-rating (Consultant).
The nature of current odor concerns will be identified. Air quality and odor control
issues relating to the proposed increased flows will be evaluated. Alternatives for
controlling odor to less than detectable at the property line will be developed and
evaluated. A recommended odor control capital program and/or operational changes will
be identified, and cost estimates will be prepared.
Draft and Final Re-rating Reports (Consultant). Based upon mutually agreed upon
assumptions for plant operation, capacity curves will be developed for all unit processes
and integrated into capacity charts for different seasonal conditions, blending options,
and/or different discharge conditions. A report will be prepared which will contain the
results of the above-referenced tasks. It will contain recommendations for implementing
potential changes in operating strategies and upgrades as determined by the capacity
charts. The re-rating report will be suitable for inclusion as an attachment to the CSO
Reduction Plan Update report as described in Task 1 above.
City Responsibilities.
· The City will have sampling responsibilities as described above.
Deliverables.
· Draft and Final Re-rating Report will be prepared.
Task 3.
Direct Wastewater Services
Objective. To support the City in wastewater service projects.
Approach. The scope of Task 3 will be on an as-needed basis as determined by the City.
At the direction of the City, Brown and Caldwell will provide labor up to hour and
budget limits as provided in the attached budget for responding to questions and other
Exhibit A - Page 6 of 7
February 2005
actIvIties. Any additional labor beyond the indicated hours and budget will require a
change in scope and budget. Possible tasks included under Task 3 include:
. Assistance with CCTV inspection oflndustrial Waterline (IWL)
. Contingency plan for Pump Station 4 (PS4) and PS4 force main emergency
outages
. Odor control assessment at the wastewater treatment plant (WWTP)
. Energy assessment at WWTP
. Fine screening assessment at WWTP
. WWTP on-call process support
. Westside utility hook-up design and design support services
. Assistance with Rayonier tank and surrounding property procurement
. WWTP Facilities plan update report
. Other projects as requested.
Consultant Responsibilites.
. Prepare a written scope, schedule, estimated hours, and deliverables for each City-
requested activity.
City Responsibilities.
. Provide written activity requests to Brown and Caldwell.
· Approve estimated scope, schedule, estimated hours, and deliverables of
each requested activity.
Deliverables.
As agreed for requested services.
END OF DOCUMENT
Exhibit A - Page 7 of 7
February 2005
Exhibit B
Budget for Each Task
Draft City of Port Angeles 2005 Budget
Summary
Other Direct
Costs
Task Descnpl10n Direct Labor Indtrect Labor (ODCs) BC (excIudmg fee) Fee Task Total
Task 1 - CSO Comprehensive Plan Update $ 8,63977 $ 16,67475 $ 883 72 $ 26,19824 $ 3,797 18 $ 29,995.42
Task 2 - Treatment Plant Re-ral1ng $ 23,029.57 $ 44,44708 $ 2,392.18 $ 69,868.83 $ 10,121.50 $ 79,990.33
Task 3 - Direct Wastewater Services $ 14,209.98 $ 27,425.26 $ 2,105.98 $ 43,741 21 $ 6,245.29 $ 49,98650
$ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ ! -
$ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ -
Total $ 45,879.32 $ 88,547.09 $ 5,381.88 $ 139,80829 $ 20,163.96 $ 159,972.25
,
Exhibit C
Consultant Labor Costs and Non-salary Reimbursable Costs
City of Port Angeles 2005 Budget
Task 1 - CSO Comprehensive Plan Update
Direct Labor
CategorylName
Professional Rate Hours Subtotal Total
Schneider, Doug $ 5549 0
Gatz,Bob $ 49.62 22 1,091.60
Dubin, Tony $ 3245 0
Matteson, Julie $ 32.90 0
Giesbrecht, Tadd $ 31.88 0
Merrill, Steve $ 5876 64 3,76064
Parker, Dell!ly $ 9401 0
Rogers, Scott $ 3600 0
Kumataka, Greg $ 57.15 0
Lubke, Linnea $ 4608 0
Morris, Trey $ 42.91 0
Milne, Mike $ 58.35 0
Duevel, Nancy $ 4683 0
Wolstenholme, PhIllip $ 5504 0
Warburton, Jack $ 7600 4 304.01
Keithahn, Todd $ 4155 36 1,495.73
Melcer, Henryk $ 61.81 0
Tam, Patricia $ 34.09 0
Lindsey, Jane $ 4122 38 1,566 18
Technical
Smith, KeVlD $ 2488 0
Deaterla, Damion $ 2010 0
Piccolo, Steve $ 29.92 0
Tulley, JIm $ 25.29 4 101.17
Curtiss, John $ 20.46 0
Johnson, Gene $ 4374 0
0 $ 0
Administration
Wtlcox, Shirley $ 24.01 4 96.05
Carmona, Leigh Anne $ 15.08 2 30.16
Mason, Erin $ 21.58 9 19422
0 0
Subtotal Duect Labor 183 8,639.77
Indirect Labor Cost 19300% 16,674.75
Total Labor Cost $ 25,31452
Direct Costs
Per Diem $ 2500
Travel Meals $ 15.00 3 45.00
Mileage $ 0.375 500 18750
Printmg $ 100
Phototcopy $ 010 1000 100.00
Postage( overnight) $ 2000 3 6000
Computer $ 2.66 179 47614
CADD $ 377 4 1508
Travel (aIr/car) $
Sampling
$ 883.72
Subconsultant Costs $
Total Subconsultant Costs $
ProfeSSIonal Fee $ 3,797 18
TASK TOTAL
$
29,995.42
City of Port Angeles 2005 Budget
Task 2 - Treatment Plant Re-rating
DIrect Labor
CategorylName
ProfessIOnal Rate Hours Subtotal Total
SchneIder, Doug $ 55.49 24 1,331.87
Gatz, Bob $ 4962 40 1,98474
Dubin, Tony $ 3245 0
Matteson, Julie $ 3290 0
Giesbrecht, Tadd $ 3188 0
Merrill, Steve $ 58.76 12 705.12
Parker, Denny $ 94.01 16 1,504.09
Rogers, Scott $ 3600 0
Kumataka, Greg $ 57.15 0
Lubke, LInnea $ 4608 0
Moms, Trey $ 4291 0
Milne, Mike $ 5835 0
Duevel, Nancy $ 46.83 0
Wolstenholme, Plnlllp $ 5504 0
Warburton, Jack $ 76.00 10 760.03
Kelthahn, Todd $ 4155 80 3,323 84
Melcer, Henryk $ 6181 86 5,31542
Tarn, Patncla $ 3409 160 5,45459
Lmdsey, Jane $ 41.22 0
Technical
Smith, Kevm $ 2488 40 995.07
Deaterla, Dannon $ 2010 0
Piccolo, Steve $ 2992 0
Tulley, JIm $ 25.29 8 202.34
Curtiss, John $ 20.46 0
Johnson, Gene $ 4374 0
0 $ 0
Administration
Wilcox, Slnrley $ 24.01 40 960 54
Carmona, leIgh Anne $ 15.08 4 6032
Mason, Enn $ 21.58 20 43160
0 0
Subtotal Direct Labor 540 23,029.57
IndIrect Labor Cost 19300% 44,447.08
Total Labor Cost 67,47665
Direct Costs
Per DIem 2500
Travel Meals 1500 10 15000
Mlleage 0.375 1,500 562.50
Pnntmg 1.00
Phototcopy 010 900 90.00
Postage( overnIght) 2000 2 40.00
Computer 266 492 1,308 72
CADD 3.77 48 18096
Travel (air/car) 000 60 6000
Samplmg
$ 2,392.18
Subconsultant Costs $
Total Subconsultant Costs $
ProfeSSIOnal Fee $ 10,12150
TASK TOTAL
79,990.33
City of Port Angeles 2005 Budget
Task 3 - Direct Wastewater Services
Direct Labor
CategorylName
Professional Rate Hours Subtotal Total
Schneider, Doug $ 55.49 8 443.96
Gatz,Bob $ 4962 60 2,977.1 0
Dubin, Tony $ 32.45 0
Matteson, Julie $ 32.90 0
Giesbrecht, Tadd $ 3 \.88 0
Merrill, Steve $ 58.76 40 2,350 40
Parker, Denny $ 94.01 0
Rogers, Scott $ 36.00 16 57608
Kumataka, Greg $ 57.15 0
Lubke, Linnea $ 46.08 0
Morris, Trey $ 42.91 0
Milne, Mike $ 5835 0
Duevel, Nancy $ 46 83 16 749.30
W olstenholrne, Phillip $ 55.04 8 440 29
Warburton, Jack $ 7600 0
Keithahn, Todd $ 4155 102 4,237.90
Melcer, Henryk $ 6181 0
Tam, Patricia $ 3409 0
Lindsey, Jane $ 4122 20 824.30
Technical
Smith, Kevm $ 2488 40 995.07
Deaterla, Damion $ 2010 0
Piccolo, Steve $ 2992 0
Tulley, Jim $ 25.29 0
Curtiss, John $ 20.46 0
Johnson, Gene $ 43.74 0
0 $ 0
Admmistration
Wilcox, Shirley $ 24.01 10 240 14
Carmona, Leigh Anne $ 1508 2 30.16
Mason, Enn $ 2158 16 345.28
0 0
Subtotal Duect Labor 338 14,209 98
Indirect Labor Cost 19300% 27,425.26
Total Labor Cost 41,63523
Direct Costs
Per Diem $ 2500
Travel Meals $ 1500 12 18000
Mdeage $ 0375 1,500 562.50
Pnnbng $ 100
Phototcopy $ 0.10 1,000 100.00
Postage( overnight) $ 20.00 10 200 00
Computer $ 266 298 792 68
CADD $ 3.77 40 150.80
Travel (air/car) $ 120 120.00
Sampling
$ 2,105.98
Subconsultant Costs $
Total Subconsultant Costs $
ProfeSSIOnal Fee $ 6,245 29
TASK TOTAL
49,986.50
Exhibit D
Schedule for the Work
Port Angeles Combined Sewer Overflow Project
2005 Schedule
10 I Task Name I Duration I Start FInish I March IAonl IMav IJune
0 2/20 I 2/27 I 3/6 I 3/13 I 3/20 I 3/27 I 4/3 I 4/10 I 4/17 I 4/24 I 5/1 I 5/8 I 5/15 I 5/22 I 5/29
1 12005 Amendment Authorized I o days I Tue 3/1/051 Tue 3/1/05 .3/1
I
-~-
2 I I I I I
3 I Task 1 - CSO Comprehensive Plan Update (Consultant and City) I 89 days I Tue 3/1/051 Fn 7/1/05
T
4 ~ City Provides 2003-2005 Flow MOnltonng Data 54 days I Tue 3/1/051 Fn 5/13/05 I , I
I
5 ~ Consultant Performs Flow Modeling 89 days I Tue 3/1/051 Fn 7/1/05 I
6 I Consultant Updates Oct 2004 Draft CSO Report (Includes City and Ecoloty Comments and I 89 days 1 Tue 3/1/051 Fn 7/1/05 I
Flow Modeling Data) I
7 I City and Consultant Prepare Schedule and Financing Plan for Implementation by I 89 days I Tue 3/1/051 Fn 7/1/05
Negotiated Due Date I
8 ~ I City Submits Final CSO Reduction Plan Report to DOE 1 o days 1 Fn 7/1/051 Fn 7/1/05
9 I 1 I
10 I Task 2 - Treatment Plant Re-Rating (Consultant and City) 219 days Tue 3/1/05 Fri 12/30/05
11 ~ City Continues Performing Winter Sampling for Biological Process Evaluation I 34 days Tue 3/1/05 Fn 4/15/05 I I
12 Consultant Collects and Reviews Hlstoncal Performance Data Provided by City 34 days Tue 3/1/05 Fn 4/15/05 I I
13 Consultant Evaluates Integnty of Plant Sampling and Flow Monltonng EqUipment 34 days Tue 3/1/05 Fn 4/15/05 I I
14 ~ Consultant Evaluates Plant Hydraulic Profile and Outfall Hydraulics 31 days Fn 4/15/05 Fn 5/27/05 I I 1
15 ~ City Performs Summper Sampling for Biological Process Evaluation 15 days Mon 7/11/05 Fn 7/29/05
16 ~ Consultant Performs Biological Process Evaluation Data AnalYSIS and Modeling 76 days Fn 4/15/05 Fn 7/29/05
17 @3 Consultant and City Perform Solids Mass Balance 76 days Fn 4/15/051 F n 7/29/05
18 ~ Consultant and City Perform Solids Treatment Train Unit Process Evaluation 76 days I Fn 4/15/051 Fn 7/29/05
19 ~ Consultant Addresses Air Quality and Odor Control Concerns Relating to Reratlng 76 days I Fn 4/15/051 Fn 7/29/05
20 ~ I Consultant Performs Additional Biological Process Evaluation Data AnalYSIS and Modeling 76 days Fn 4/15/051 Fn 7/29/05
USing Winter Data
21 ~ Consultant Prepares Draft Re-Ratlng Report I 22 days Tue 8/2/051 Wed 8/31/05
22 ~ Consultant Prepares Final Re-Ratlng Report 64 days ~2/30/05
23 I
24 Task 3 - Direct Wastewater Services (Consultant and City) 219 days Tue 3/1/05 Fri 12/30/05
25 ~ Consultant Provides On-Call Services at City'S Wntten Scope, Schedule, and Budget 219 days Tue 3/1/051 Fn 12/30/05
,
-
r I Summary "" .., External Tasks I - - I Deadline 0
PrOject 24258\2004\2005\CSO 2005 Schedule mp~ Task Progress
Date: Tue 2/15/05 Spilt Milestone . Project Summary "" .., External Milestone .
Page 1
)?
Port Angeles Combined Sewer Overflow Project
2005 Schedule
Julv Auaust I SeDtember I October I November I December I Januarv
6/5 I 6/12 I 6/19 I 6/26 I 7/3 I 7/10 I 7/17 I 7/24 I 7/31 I 8/7 I 8/14 I 8/21 I 8/28 I 9/4 I 9/11 I 9/18 I 9/25 I 10/2 I 10/9 I 10/16 I 10/23 I 10/30 I 11/6 I 11/13 I 11/20 I 11/27 I 12/4 I 12/11 I 12/18 I 12/25 I 1/1
I
IT
I
1
I
I
I
.7/1
I
T
I I
I I
I I
I I T
I
-
PrOject 24258\2004\2005\CSO 2005 Schedule mpr Task I I Progress Summary "" '" External Tasks I I Deadline 0
Date: Tue 2/15/05 Spilt Milestone . Project Summary "" '" External Milestone .
Page 2
r;
;r
5. 7 D 5
.. ,e
AMENDMENT NO.1 TO THE
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF PORT ANGELES
AND
BROWN AND CALDWELL, INC.
PROJECT 05-04
THIS AMENDMENT NO.1 is made and entered into this 5otA- day of ,
2005, by and between THE CITY OF PORT ANGELES, a non-charter code city 0 e State of
Washington, (hereinafter called the "CITY") and Brown and Caldwell, Inc., a California
Corporation (hereinafter called the "CONSULTANT").
WHEREAS, the CITY entered in to an AGREEMENT with the CONSULTANT on February 17,
2005, (the AGREEMENT) and
WHEREAS, the CITY desires to amend the AGREEMENT to amend the Scope of Work,
Budget, and Time of Performance
NOW, THEREFORE, in consideration of the representations and the terms, conditions,
covenants and agreements set forth in the original AGREEMENT and this AMENDMENT, the
parties hereto agree as follows:
-"
REVISED SCOPE OF WORK
The amended scope of professional services to be performed and the results to be achieved
by the CONSULTANT pursuant to the AGREEMENT shall be amended to read as shown in
the attached Exhibit A. The Scope of Work shall include all services and material necessary
to accomplish the work.
II TIME OF PERFORMANCE
The work for all Tasks shall be completed by July 31,2006. The schedule for completion of
Tasks 1-3 remain unchanged, while that for Task 4 shall be as detailed in Exhibit A.
III MAXIMUM COMPENSATION
The CONSULTANT'S total compensation and reimbursement are stated in the attached
Exhibit B. The budget for any Task may be further adjusted by mutual agreement without an
amendment to the Agreement, as long as the maximum compensation amount of $214,700 is
not exceeded.
Amendment No 1 to Brown and Caldwell Agreement, 05-04
Page 1 of2
IV SIGNATURES
Except as modified herein, the original Agreement and its Exhibits shall remain in effect.
In WITNESS THEREOF, the parties hereto have executed this Amendment NO.1 to the
Agreement as of the day and year first written above.
CITY OF PORT ANGELES:
~IJ(J~
MAYOR
CONSULTANT:
TITLE: ^;:I~;:!:-
2;DASTO~
CITY ATTORNEY
ATTEST:
c~~~~. .J ~A
Amendment No 1 to Brown and Caldwell Agreement, 05-04
Page 2 0[2
EXHIBIT A
SCOPE OF WORK, SCHEDULE AND BUDGET FOR TASK 4
WASTEWATER FACILITIES PLANNING
CITY OF PORT ANGELES PROJECT 05-04
This scope of work is for engineering services to be provided by Brown and Caldwell in
connection with wastewater and combined sewer overflow (CSO) design services for the
City of Port Angeles, Washington (City). The purpose ofthese services is to supplement
the existing Draft CSO Reduction Plan (July 2005) with content that fulfills the
requirements of the State Environmental Review Process (SERP) in order to use the Plan
(once approved by Ecology) to obtain funding through the Washington Public Works
Board. The funding will be used to assist in financing the CIP from the CSO Reduction
Plan. The scope of work is further described as follows.
SCOPE OF WORK
Introduction
There are three main elements that need to be added to the CSO Reduction Plan that will
make it consistent with the SERP requirements. The elements are a National
Environmental Policy Act (NEP A) element, a Washington State wastewater engineering
report element, and an EP A wastewater facilities plan element. Much of the three
elements has already been addressed in the Draft CSO Reduction Plan and the
forthcoming Draft Wastewater Treatment Plant Rerating Report. Some of the
information for the facilities element can be obtained for the 1989 Facilities Plan for the
current City treatment plant.
In order to provide the additional required information and analysis, Brown and Caldwell
proposes the following. A checklist will be included with the CSO Reduction Plan Report
that includes the components ofNEP A, engineering report (per WAC 173-240-060), and
facilities plan (per EP A guidelines). The checklist will indicate each individual
component of the three elements and where it may be observed in the CSO Reduction
Plan. For information not included in the CSO Reduction Plan, a supplemental appendix
will be prepared that includes this information. The checklist will be intended to simplify
Ecology and the Washington Public Works Board's review of the document to confirm
that all required information and analysis are present.
The following is a description of the information and analysis to be included in the
supplemental appendix:
NEP A Element
Brown and Caldwell will prepare a supplemental environmental assessment (EA) section
for the Updated CSO Reduction Plan, to meet the requirements of the NEP A regulations
Page 1 of3
August 2005
(40 C.F.R., Sections 1500-1508). The NEPA EA will be prepared under the tiering
provisions ofNEP A, and will evaluate environmental impacts and mitigation at a
planning or programmatic level of detail. Site-specific analyses then can be prepared in
subsequent environmental documents once final CIP alignments and designs are
determined. The NEP A EA will incorporate the environmental analyses from the three
SEP A Environmental Checklists already prepared and approved for the Draft CSO
Reduction Plan.
Brown and Caldwell will prepare a preliminary supplement NEP A EA section for
internal City review and the NEP A EA for public distribution. If any public and/or
agency comments are received on the NEP A EA, then the City and Brown and Caldwell
will review the comments and Brown and Caldwell will prepare the final supplemental
NEP A EA for the Plan. This Scope and corresponding budget assume that public and
agency comments would be minimal, public meetings will not be required, and the City is
responsible for printing and distributing the supplemental NEP A EA to the public.
Engineering Report Element
Brown and Caldwell will prepare a supplemental wastewater engineering report section
per WAC 173-240-060 for the CSO Reduction Plan report. The engineering report will
draw upon the CSO Reduction Plan to meet the WAC requirements. Additional
information found to be needed for the supplemental engineering report section includes
design data for the additional CSO conveyance elements, a discussion of sites available
for the CSO conveyance elements, a process flow diagram showing the layout of various
CSO elements, the degree of CSO treatment required based upon the NPDES permit and
the receiving water, and a description of the receiving water quality standards. Some
additional permit fact sheet information is also necessary to meet the requirements of
WAC 173-240-060.
Facilities Plan Element
Brown and Caldwell will prepare a supplemental facilities plan section for the CSO
Reduction Plan report. This section will draw upon the 1989 Facilities Plan report for
site information. The section will need to include the following additional components:
Effluent requirements of the existing and proposed CSO facilities, assessment of future
growth and its impact on the CSO facilities, proposed industrial and federal activities (if
any) within the service area and their effect on proposed CSO facilities, the addition of
conventional sewers in unsewered areas of the service area and how the affect CSO
facilities, alternative and innovative CSO conveyance and technologies considered, new
interceptor sewers proposed for the service area and their effect on CSO facilities, EP A
requirements for implementability, and EP A requirements for financing and useful life of
equipment specified.
Page 2 of3
August 2005
'-
City Responsibilities
. The City will provide a list of reference environmental documents for potential
use in the NEP A assessment.
. Provide review comments on draft deliverables.
. Distribute supplemental NEP A EA section to the public as required.
Deliverables.
. Final CSO Reduction Plan Update report including NEP A, Engineering
Report, and Facilities Plan elements.
SCHEDULE
Brown and Caldwell proposes to complete the above-referenced Scope of Work in
approximately 6 to 8 weeks upon authorization to proceed. The intent is to complete the
report in time to receive an Ecology approved Plan in time to apply for funding by Nov.
1,2005. We understand that length of time for Ecology approval ofthe Plan is beyond
our control.
BUDGET
Brown and Caldwell proposes to perform the above-described Scope of Work for the
following estimated budget:
NEP A Element:
Engineering Report Element:
Facilities Plan Element:
$15,400.
$ 8,800.
$30.500.
Total Estimated Budget:
$54,700.
Detailed cost summary is attached.
END OF DOCUMENT
Page 3 of3
August 2005
Exhibit B
Budgets for Each Task in Agreement 05-04
Amendment No. 1
TASK Amount in Amendment
Agreement No.1
1. CSO Comprehensive Plan Update $30,000 $30,000
2. Treatment Plant Re-rating $80,000 $80,000
3. Directed Services $50,000 $50,000
4. Sewer Facility Plan NA $54,700
Total $160,000 $214,700