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HomeMy WebLinkAbout5.705 Original Contract . . 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 Page 1 of 7 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. 2005 Brown & Caldwell Agreement Page 2 of 7 j' 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 Page 3 of 7 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 Page 6 of 7 .. .. CONSULTANT TITLE: 2005 Brown & Caldwell Agreement Page 7 of 7 ATTEST: &~ l~^ . 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