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HomeMy WebLinkAbout5.553 Original Contract 5• $53 '))1)r ..14�2001�► AMENDMENT NO 1 TO THE I 4 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND PARAMETRIX, INC. RELATING TO THE LANDFILL ENGINEERING SERVICES THIS AMENDMENT NO. 1 TO THE AGREEMENT is made and entered into this 3 day of 2002, by and between THE CITY OF PORT ANGELES, a non charter code f the State of Washington, (hereinafter called the "CITY and PARAMETRIX, Inc., a Washington Corporation (hereinafter called the "CONSULTANT WHEREAS, the CITY entered in to an AGREEMENT with the CONSULTANT on OCTOBER 26, 2000, and WHEREAS, the CITY desires to amend the AGREEMENT to revise the Scope of Work, Budget, and Time of Performance, NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants and agreements set forth in the original AGREEMENT and this AMENDMENT, the parties hereto agree as follows: I REVISED SCOPE OF WORK The revised scope of professional services to be performed and the results to be achieved by the CONSULTANT shall be as detailed in the attached Exhibit Al and shall include all services and material necessary to accomplish the work. II TIME OF PERFORMANCE The work shall be completed by DECEMBER 31, 2002, and extended to MARCH 31, 2003 if sufficient funds are included in 2003 solid waste budget. III MAXIMUM COMPENSATION The CONSULTANT'S total compensation and reimbursement under the original Agreement and Amendment No. 1 to the Agreement, including labor, direct non -salary reimbursable costs and outside services, shall not exceed the total and subtotals for the tasks as set forth in the attached Exhibit B1. Amounts budgeted for each task may be adjusted by mutual agreement without an amendment to the Agreement, as long as the maximum compensation amount of $557,970.00 is not exceeded, in 2002 and increased to $607,970, if sufficient funds are included in 2003 solid waste budget. IV SIGNATURES Except as modified in this Amendment No. 1 to the Agreement, 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: MAY R CONSULTANT: Ie' a TITL CIO AA .Alim Ai AVirAi- APPROVED AS TO FORM: /6,,, 0: CRAIG KNUTSO C ATTORNEY ATTEST: 4.0 BECKY U O ITY C Y.ERK N.\ PRO„ ECTS\ 20- 24PMX \CONSULTANT\AGREEMENT\Amendment No 1.wpd EXHIBIT Al CITY OF PORT ANGELES Scope of Work for Landfill Engineering Services 2002 -2003 BACKGROUND This Scope of Work identifies landfill engineering services for the City of Port Angeles for the period of April 1, 2002 through March 31, 2003. This work supplements Parametrix' existing contract for Landfill Engineering Services dated October 26, 2000. The basis of work is derived from input received from City staff and recommendations presented to the City by Parametrix in a letter dated February 3, 2002. Specific work elements include: TASK 7 OPERATIONS ENGINEERING ASSISTANCE This element of work will provide for engineering services to support routine solid waste handling activities and landfill operations. Parametrix will work with City personnel to identify and develop operations criteria and perform services as directed by the City in response to site development or system maintenance requirements. Under this task, Parametrix will perform overall project management, cost control, schedule maintenance, scope development and routine client communications necessary to deliver project elements of work in accordance with scope, budget, and schedule requirements. Activities: Specific components of the work anticipated during the period of this contract include: Task 7.1 Update Fill Sequence Plans Parametrix will work with landfill staff to update fill sequence plans for optimal waste placement, compaction, and daily cover operations. Task 7.2 Site Life Verification Parametrix will conduct quarterly measurement and evaluation of waste placement, including compactive effort estimates and effective density calculations. We will prepare letter reports describing the findings of each quarterly event. Task 7.3 Gas System Maintenance and Monitoring Parametrix will evaluate gas system operations data and assist City forces in continuing operations of the landfill gas systems. We will communicate to City operations staff issues concerning the proper gas system operations and adjustments. We will conduct quarterly inspections and written recommendations regarding system modifications. Task 7.4 General Operations Assistance Parametrix will provide on call technical assistance to landfill staff regarding conditions and issues that arise during the year. Deliverables: Parametrix anticipates the following work products for this task: Monthly progress reports and invoices An updated project schedule A Fill Sequence Plan. Four letter reports describing site capacity analyses. Routine communications and written recommendations for gas system and general operations assistance tasks. Maximum 1 per month. City ofPort Angeles PMX #235 -2191 -801 Landfill Engineering Services 1 October 2000 2002 -2003 scope of work fnl.doc Cost: Parametrix will complete Task 9 services for $22,436 (refer to attached cost estimate for detail). TASK 10 COMPLIANCE REPORTS This element of work involves the updating of documents required under WAC 173 -351. The existing Operations and Maintenance Manual was prepared in 1997 and does not provide for operations related to Cell 3 or the closure of Cell 1. The Development and Closure Plan requires annual updates. Activities: Specific components of this work include: Task 10.1 Prepare Operations and Maintenance Manual Parametrix will prepare standard operating procedures for landfill systems including leachate, gas, stormwater, and closed facilities. The plan will meet the requirements of WAC 173 351 -210. Parametrix will submit the plan to Ecology and CCHD. Task 10.2 Prepare Updates to the Development and Closure Plan Parametrix will prepare addenda to the existing Development and Closure Plan that describe changes and updates to development, closure, and post closure activities. This will include revisions to closure and post- closure cost estimates, and schedules. Deliverables: Parametrix will prepare the following work products: Draft and Final Operations and Maintenance Plan Five copies Addenda to the existing Development and Closure Plan Five copies. Assumptions: The Scope of Work and cost estimate is based on the following assumptions: One workshop with City staff to define operations, inspection, and maintenance requirements for the landfill. The City will provide copies of existing inspection and maintenance forms. Cost: Parametrix will complete Task 10 services for $22,760 (refer to attached cost estimate for detail). TASK 11 CO- COMPOSTING FACILITY IMPROVEMENTS This element of work will involve preparing plans, specifications, and estimates for scheduled improvements to the Co- composting facility. This includes completing bid specifications for Phase I improvements needed to support an May 2002 start up of the facility and completing PS &E for Phase II improvements scheduled for construction in early 2003. Activities: Specific components of this work include: Task 11.1 Training and Technical Assistance. Parametrix and subconsultants will provide technical assistance for Co- composting facility start up and operations. This will include assisting with and providing technical review of the City prepared operations and maintenance plan. We will review system improvements and work directly with City staff to define operating requirements. We will review initial operating performance and provide recommendations for optimizing system performance. We will assist the City in City of Port Angeles PMX #235- 2191 -008 Landfill Engineering Services 4 March 2002 2002 -2003 scope of work fnl.doc preparing and submitting permit applications to Ecology. We will also develop preliminary materials management strategies for feed stock and finished product. Task 11.2 Phase 1 /11 PS &E. Parametrix will complete plans, specifications and estimates for concrete floor, drainage, and aeration trench improvements to support installation of the ECS aeration system. We will prepare plans, specifications, and estimates for construction of Phase II improvements that are expected to include a new pole building, new concrete slab on grade, composting leachate collection system improvements, and improvements to grading, drainage, and utilities at and adjacent to the new improvements. Deliverables: Parametrix will prepare the following work products: Final PS &E for Phase I improvements 90% and Final Plans for Phase II improvements. Three technical memoranda describing start up and operations criteria for the Co- composting facility. An Operations and Maintenance Plan for Co- composting activities. Assumptions: The Scope of Work and cost estimate is based on the following assumptions: Phase I and Phase I1 design activities will involve one meeting each with City staff to define design criteria. Bidding assistance and construction services are not included in this scope of work. Technical assistance will include 2 visits to the site to observe and review operations and meet with City staff. The City will provide "as- builts" and operating criteria for the ECS aeration system. The operations and maintenance plan will include one development meeting in Port Angeles to establish operating criteria. The City will provide for all testing and materials handling. The materials management element of the operations and maintenance plan will be preliminary in nature provide short-term management strategies, only. Parametrix will utilize a subconsultant to assist in co- composting evaluations. Cost: Parametrix will complete Task 11 services for $33,378 (refer to attached cost estimate for detail). TASK 12 SOLID WASTE PLANNING ASSISTANCE This element of work will involve preparing technical submittals and consulting with the City regarding the transition from the landfill to a waste export system for solid waste. The transition planning will be initiated based on the draft Solid Waste Long -Range Plan prepared by Parametrix in 2001. Activities: Specific components of this work include: Task 12.1 lnterlocal Agreements. Parametrix and subconsultants will provide technical assistance for developing interlocal agreements with in- County agencies for the commitment of waste stream to the proposed Transfer Station. We will meet with City staff to identify goals and objectives of the program and provide technical analyses to assist the City establish terms for solid waste delivery. We will review comments from Cary of Port Angeles PMX #235 -2191 -008 Landfill Engineering Services 5 March 2002 1002 -1003 scope of work fnl.doc outside agencies and will prepare technical presentations, as requested, to support inter- agency negotiations. Task 12.2 Transition Planning. Parametrix will work with City staff to establish an industry forum to support the development of a transition plan that will guide the City from a landfill to a transfer station system for waste management. Parametrix will prepare technical presentations and work with the City to incorporate comments from industry into a Transition Plan that describes key milestones, actions, and commitments necessary to implement the transfer station system. Task 12.3 Site Planning— Parametrix will assist the City in formalizing post closure land use for the Port Angeles Landfill. Parametrix will develop land -use scenarios that incorporate initial planning alternatives presented in the Solid Waste Long -Range Plan and the objectives of placing a water treatment facility at the landfill. Planning efforts will evaluate access, on -site traffic circulation, infrastructure requirements, and coordination with multiple operating facilities. Site planning will involve planning meetings with City staff and stakeholders. Task 12.4 Acquisition Strategies— Parametrix will assist the City in developing acquisition strategies for waste export systems. Working with subconsultants we will prioritize solid waste functions to be retained by the City and identify the requirements for developing requests for proposals for waste functions to be competitively acquired. Deliverables: Parametrix will prepare the following work products: Technical Memorandum identifying key technical elements of interlocal agreements Written review of comments received from in- County agencies Draft and Final Transition Plan. Presentation materials for the industry forum and for the Site planning meetings. Meeting summaries. Maps, written description, scale model and planning level cost for the final site plan alternative. Technical Memorandum describing acquisition strategies. Assumptions: The Scope of Work and cost estimate is based on the following assumptions: One meeting in Port Angeles with City staff and subconsultant to identify technical requirements for interlocal agreements. One meeting and one industry forum (organized by the City) to develop transition plan requirements. Two meetings with City staff and other agencies in Port Angeles to discuss post closure land -use alternatives. One meeting with City staff and subconsultants to develop criteria for acquisition strategies for waste export. Solid Waste Planning will not include design of facilities. The City will prepare and negotiate interlocal agreements. Cost: Parametrix will complete Task 12 services for $25,354 (Refer to attached estimate for details). City of Port Angeles PMX #235- 2191 -008 LandfillEng,neering Services 6 March 2002 2002 -2003 scope of work fnLdoc TASK 13 SHORELINE STABILIZATION This element of work provides for design investigations and permitting activities to develop cost impacts and design standards necessary to control erosion and to protect the waste placed along the shoreline north of the landfill. This work will involve refining alternatives with respect to the limits of the action, developing design criteria for implementing the action and the associated studies necessary to design and construct an action. Activities: Specific components of this work include: Task 13.1 Design Studies Parametrix and subconsultants will direct soil investigations to assess waste limits and soil properties of fill and native soils, as necessary to finalize design criteria for the shoreline stabilization project. This work will involve the installation of six borings and the topographic survey and mapping of the toe of the slope, the top of the bluff and the MHHW line adjacent to the landfill. We will also perform chemical testing of waste material to assess potential safety and health issues related to construction of stabilization features. The information gathered will be used to develop a stability analysis for native soil and waste material. This information will be presented in a design memorandum. Task 13.2 Preliminary Design Parametrix will prepare a preliminary design of shoreline stabilization improvements. The design will be of sufficient detail to support permit applications and develop initial construction cost estimates. The design will address toe of slope, in- water, and slope cover improvements. It will incorporate and address stability and soil property issues identified during the design study. The preliminary plans will be presented as 11x17 drawings with a preliminary estimate of probable cost. Task 13.3 Permit Submittals Parametrix will prepare submittals to support right -of -entry with DNR, a JARPA, and a shoreline substantial development permit. We will include preliminary plans and a project description. This work will include a meeting with permitting agencies to introduce project elements and formalize permit processes and schedule for agency review and comment. Deliverables: Parametrix will prepare the following work products: Work Plan and Health and Safety Plan for design studies. Preliminary plans (5 sheets) project description and preliminary cost estimate. Draft and Final Design Memorandum (10 copies) Request for right -of -entry from DNR. JARPA Submittal Assumptions: The Scope of Work and cost estimate is based on the following assumptions: Design studies will occur in April 2002 and include six borings. Access to the beach is allowed by DNR. One meeting with the City to present the findings of the Design Studies. No Biological Assessment or evaluation is included in this scope of work. Cost: Parametrix will complete Task 13 services for $100,703 (Refer to attached estimate for details). City of Port Angeles PMX #235 -2191 -801 Landfill Engineering Services 7 October 2000 2002 -2003 scope of work fnl.doc TASK 14 DIRECTED SERVICES This element of work provides for unforeseen engineering or other services that may be required during the contract duration. Specific work assignments will require a negotiated scope, budget and schedule and written direction from the City on proceeding with the work. Cost: $40,000. City ofPort Angeles PMX #235 -2191 -008 Landfill Engineering Services 8 March 2002 2002 -2003 scope of work fnLdoc PARAMETRIX, INC. BUDGET ESTIMATE PROJECT: Landfill Engineering and Environmental Services CLIENT: City of Port Angeles Prflc YATPLER STAFF Manner OMOO Wive, Allot Sr Sde40 0 Enpnea SWEngem sheWH 0 EnpneangTS1 Em5oloener CAnncrxpia Wae Ranea dakWAOnn uth 2352191008 Phan 2 TOTAL 5WTe4 TASK SWTW ORO COOS 320 ell RATES 112500 511000 010100 511300 552000 15200 57500 15500 10000 17000 15100 53900 001005 Ted Fee St6ee0Nen1, TASK TOTAL 7 Operations Engineering Asst 636,012 1 FA Sequence 6 1 6 48 16 8 2 87 97 030 2 Site Life Venfcatan 6 1 48 6 2 63 64 526 58,800 3 Gas System Mondorng 2 40 16 6 4 68 66,362 4 General Operanons Assistance 72 4 2 78 99,294 8 Design Services 626,004 1 Gas System Expansion 4 40 40 40 16 140 611,704 2 Stonnwater Improvements 2 28 16 24 8 78 66,444 3 Cel Drainage and Access 8 2 16 32 24 12 94 57,856 9 Regulatory Coordination $22,436 1 Inspeceon Support 20 20 62,500 2 Pemat Submittals 8 2 16 6 48 8 8 12 6 114 99,616 3 Groundwater Reports 4 36 16 40 16 12 8 132 610,320 10 Compliance Reports 622,760 1 0 8 M Manual 16 1 8 4 4 80 16 48 10 4 191 615,596 2 Dev Cbsuro Phn Update 8 2 20 24 16 10 4 84 57,164 11 Co- Composting Improvement 633,378 1 Tranmg end Tech Assistance 4 2 4 10 6936 65,775 2 Phase MI Improvements 6 2 32 8 80 84 16 4 232 618,846 3 Operations end Mantenace Phn 2 8 4 12 26 62,046 65,775 12 Waste Export Planning 625,351 1 Inter Local Agreements 8 4 12 61,216 63,202 2 Transition Pia1 6 2 40 8 8 64 65,242 3 Site Pbrnning 16 2 4 32 30 4 4 92 57,748 4 Acquisition Strategies 16 16 62.000 95,946 File Neme paa02 -03 Scope MI xis PD FORM 00- BUD3-01 PAGE 1 OF 2 Dale Primed 3452002 PARAMETRIX, INC. BUDGET ESTIMATE x PROJECT: Landfill Engineering and Environmental Services CLIENT: City of Port Angeles PIv1Jr 4 YUL LI4G STAFF throw WOG E Pre Od Sr Waft Sr En¢ee ST/1 EnpNen MO&ler5 Engineering Tree E T rnYe enhi c* GrENH Wad Pmtmer CbksAer 2352191008 Phut 2 TOTAL SWAM TASK Sere. CEO CCCE 120 MIL RATES 1125 00 911200 910100 9110.20 1570 902 00 17500 MI 00 15000 17000 15400 53900 HOURS Tad Fn SiOemMaMe TASK TOTAL 13 Shoreline Stabilization 8100703 1 Tech Memo 8 2 16 4 8 12 12 4 66 65,996 $68,811 2 Prelm Design 8 6 56 40 24 40 4 4 182 517,604 3 Pemn1 Coordinai nlSubmdtab 8 6 40 8 16 6 84 S8 292 14 Directed Services 640,000 840,000 r, Expenses 66,048 Labor Subtotal 232 29 288 86 56 480 1 48 80 I 40 394 154 44 I 1931 f 5208,338 698,308 6312,686 In House Expense hem Number Unit Cost Unit Direst Cost Task Element Mbege 6,000 60365 mib 52,19000 Multpb Tasks 62,190 Reproduction 10,000 5005 sheet 650000 Multple Tasks i 5500 Pbts 50 6100 sheet 65000 Design Ebmonts 650 2 Description Direct Cost Markup% Task Element i+ Other Expenses Laboratory Fees 63,00000 10% Shorelne Stablzehon Design Study r22... $3,300 Pose Mom Enterprises 510,500 00 10% Co-composting Operations Asssterlce k 571,550 ant Stanovsky 68,31600 10% InterbcalAgreemenUAciisiirl Strategies vi.s.::%,``''k``,2k:.'k `k $9,148 Subconsuftants 10% Site Lite Venfico oe/ Shorelne StOMlzat 011 2 2 611,000 NatWest Temtarles 510,00000 AMEC 531,05500 10% Shorelne Stabdzabm ks',' '2'`;'':'% k; ":o, 534,161 Oiling Contractor 529,50000 10% Shorelne Stabdzaba e`:....,..1:::.%6 x 632,450 I `ft TOTAL 5312,686 i Prep Approved By 1 _�4 A. IIINIVII ri......_ (Prated Mangy) (r trice Man:. Foe Name pall 02-03 scope MI At PD FORM OOBUD3 -04 PAGE 2 OF 2 Date Printed 3132002 e PARAMETRIX, INC. BUDGET ESTIMATE 1 e PROJECT: Landfill Engineering and CLIENT: City of Port Angeles PMX BILLING STAFF 2352191008 Phase 2 MULTIPLIER: SubTask TASK SubTuW ORG CODE 3 20 BILL RATES Tdai Fee Subco u Aanis TASK TOTAL 2002 2003 7 Operations- Engineering Asst $36,012 $28,810 $7,202 1 Fill Sequence $7,030 2 Site Lite Verification $4,526 88,800 3 Gas System Monitoring $6,362 4 General Operations Assistance $9,294 8 Design Services 826,004 823,404 82,600 1 Gas System Expansion $11,704 2 Stormwater Improvements $6,444 3 Cell Drainage and Access $7,`856 9 Regulatory Coordination $22,436 817,949 84,487 1 Inspection Support $2,500 2 Permit Submittals $9,616 3 Groundwater Reports $10,320 10 Compliance Reports 822,760 822,760 1 0 8 M Manual $15,596 2 Dev -Closure Plan Update $7,164 11 Co- Composting Improvement 833,378 828,371 $5,007 1 Training and Tech Assistance $936 $5,775 2 Phase IAI Improvements $18,846 3 Operations and Maintenance Plan 82,046 $5,775 12 Waste Export Planning 825,354 819,015 86,338 1 Inter Local Agreements $1,216 $3,202 2 Transition Plan $5,242 1 3 Srte Planning $7,748 4 Acquisition Strategies $2,000 $5,946 13 Shoreline Stabilization 3100,703 8100,703 1 Tech Memo $5,996 $68,811 2 Prelim Design $17,604 3 Permit Coordination/Submittals 88,292 14 Directed Services $40,000 840,000 830,000 810,000 Expenses 36,040 $5,134 $906 Labor Subtotal I 8208,338 l 898,308 I $312,686 1 8276,145 I 836,541 File Name pal/ 02 -03 scope yearly breakout xis PD FORM 00- BUD3-04 PAGE 1 OF 1 Date Pnnted. 4/21002 5.553 s_ NFp FEB 14 2007 IMF AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND PARAMETRIX, INC. RELATING TO: LANDFILL ENGINEERING SERVICES THIS AGREEMENT is made and entered into this ay of October, 2000, by and between THE CITY OF PORT ANGELES, a non charter code city of the State of Washington, (hereinafter called the "CITY') and PARAMETRIX, INC., a Washington Corporation (hereinafter called the "CONSULTANT'). WHEREAS, the CITY desires engineering and planning assistance in landfill /solid waste operations, facilities, and programs; 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: 1 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 XI 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. 1I 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 specifically 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. City of Port Angeles October, 2000 III DESIGNATION OF REPRESENTATIVES Each party shall designate its representatives in writing. The CONSULTANT'S representative shall be subject to the approval of the CITY. IV TIME OF PERFORMANCE The CONSULTANT may begin work upon execution of this Agreement by both parties and the duration of the agreement shall extend through March 31, 2002. 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 Exhibits B and C, respectively. 1. Labor costs shall be based on the hourly rates shown in Exhibit B. Hourly rates shall be based upon an individual's hourly wage, times the total number of hours worked, times a multiplier of 3.1. The multiplier shall include overhead 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, CADD computer, reproduction and printing, supplies and fees of outside services and consultants. Ten percent (10 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. D. The CONSULTANT invoices are due and payable within 30 days of receipt. In the event of a disputed billing, only the disputed portion will be withheld from payment. 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 XI 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 $295,284.00. City of Port Angeles October, 2000 VII 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. VIII 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, B. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. IX SUBCONTRACTS A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. B. 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. X 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. XI 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. City of Port Angeles October, 2000 XII 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 received by the CITY prior to transmittal of final payment to the CONSULTANT. XIII 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 of claims by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the CITY, CITY's employees, or agents in connection with the work performed under this Agreement. If the negligence or willful misconduct of both CONSULTANT and CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the CONSULTANT and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity shall apply for such proportion. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the CONSULTANT 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. XIV 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 Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and, City of Port Angeles October, 2000 2. Commercial General Liability 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, collapse and underground (XCU) if applicable; and employer's liability; and, 3. Professional Liability insurance with limits no Tess 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. XV 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. XVI 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 Task Budget Exhibit C Labor, Subconsultant and Non -salary Reimbursable Costs In WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF PORT GELES CO TANT OP MAYOR TITLE i/ 9 'I� APPROVED AS TO FORM: ATTEST: CRAIG KNUT ON, CITY ATTORNEY BECKY UP 4 C CLE' N:IPROJECTSl20- 24PMX1PMXAGR WPD City of Port Angeles ,October, 2000 EXHIBIT A CITY OF PORT ANGELES Scope of Work for Landfill Engineering Services BACKGROUND This Scope of Work identifies the elements of work for the period of November 1, 2000 through March 31, 2002. The basis of work is derived from the "Request for Proposals, City of Port Angeles Public Works Department, Landfill Engineering Services 2001, Project 20 -24." Specific work elements include: TASK 1 GENERAL OPERATIONS ASSISTANCE This element of work will provide for engineering services to support routine solid waste handling activities and landfill operations. Parametrix will work with City personnel to identify and develop operations criteria and perform services as directed by the City in response to site development or system maintenance requirements. Activities: Specific components of the work anticipated during the period of this contract include: Routine site life verification analysis, including fill planning, compaction analyses, and operational review. This will involve calculating Cell 3 capacity quarterly and assessing compaction performance every three months. Routine site mapping and surveying necessary to maintain site operations. This will include survey of existing conditions, site boundaries and construction grades, as required to complete site maintenance improvements. Observation of solid waste activities with the objective to provide recommendations to improve operational efficiency. Evaluating and designing maintenance programs for the landfill leachate, gas control, groundwater monitoring and stormwater systems. Parametrix will develop design criteria, perform engineering analyses and prepare technical memoranda describing system improvements. City of Port Angeles PMX #235 2191 -005 Landfill Engineering Services 1 April 2000 2000 -2001 scope of work doc Preparing plans, specifications and bid documents for site maintenance requested by the City. Meeting with the City to discuss landfill activities and performance. Attending City Council, Committee or community meetings involving landfill activities. In addition, Parametrix will conduct overall project management, cost control, schedule maintenance, scope development and routine client communications under this task. Work Products: Parametrix anticipates the following work products for this task: Six quarterly letter reports describing site capacity analyses. Six survey reports or field staking events. Meeting summaries. Six technical memoranda recommending and describing system maintenance improvements. Trip reports for all site visits. Monthly progress reports and invoices. Two subconsultant agreements. One PS &E package for minor site maintenance improvements with a construction value of less than $200,000. Assumptions: The Scope of Work and cost estimate is based on the following assumptions: The period of performance is 17 months. Survey activities will be performed by NTI of Port Angeles. Parametrix will attend six meetings involving either the Project Principal, Project Manager or Project Engineer. Meetings will be in Port Angeles and will involve two Parametrix representatives. Effort for meetings includes planning, preparation, travel, attendance and a summary report. Parametrix staff will visit the PALF once per month to review landfill operations and meet with the operations team. (17 visits). Subconsultant agreements will be required for NTI and one other specialty consultant. City of Port Angeles PMX #235 -2191 -005 Landfill Engineering Services 2 April 2000 2000 -2001 scope of work doc The total PS &E design effort is contained in this task. Construction assistance is not provided for in this Scope of Work. Cost estimate is based on labor rates valid through March 31, 2002. Cost: Parametrix will complete services for $85,798 (refer to attached cost estimate for detail). This assumes all work described above is completed. TASK 2 REGULATORY COORDINATION This element of work will provide regulatory reporting and permit coordination for landfill operations. Work will include assisting the City with the collection of operational and environmental data and the preparation of routine reports for submittal to the Health Department or Department of Ecology. Reporting will be completed to achieve compliance with the solid waste operating permit and the Minimum Functional Standards for Solid Waste Facilities (WAC 173 -351). Activities: Specific components of this work include: Compile information and prepare the year 2001 Solid Waste Operating Permit for submittal to Clallam County. Provide review and comment of City prepared 2002 Solid Waste Operating Permit prior to submittal to Clallam County. Assist the City in responding to regulatory inspections or changes in regulatory requirements. Assist the City in preparing the Solid Waste Annual Report. Provide assistance to the City in coordinating solid waste operations and permit requirements with other agencies. This may include, but is not limited to the United States Department of Agriculture and Federal Aviation Administration, as related to bird hazard issues, Clallam County, the US EPA and the Department of Ecology. Assistance will also be provided for coordination with citizen and community organizations. Assist the City with on -going groundwater monitoring activities. This will include sampling and analysis assistance, assisting City personnel with the preparation of quarterly reports, and preparation of the Annual Groundwater Monitoring Report. Coordinate reporting efforts, as required in WAC 173 -351, to coincide with submittal of the annual Solid Waste Operating Permit. City of Port Angeles PMX #235 -2191 -005 Landfill Engineering Services 3 April 2000 2000 -2001 scope of work doc Work Products: Parametrix will prepare the following work products: Draft and Final Solid Waste Operating Permit submittals for calendar year 2001 operations. The submittal will include the Solid Waste Annual Report, the Annual Groundwater Monitoring Report and a demonstration of financial assurance for closure and post closure per WAC 173 -351- 600. This includes one pre application meeting with the Health Department to discuss the permit submittal. Schedule development and written review of calendar year 2002 operating permit application prepared by City personnel. The 2002 permit application will include the updated development and closure plan. Written response to inspection reports from the Health Department or Department of Ecology. Correspondence necessary to coordinate solid waste operations with outside agencies. Assumptions: The Scope of Work and cost estimate is based on the following assumptions: The City will provide data necessary to complete the 2000 Solid Waste Annual Report. This includes but is not limited to closure fund financial analysis, disposal and scale records, waste screening reports, regulatory inspection summaries, and other operational records maintained by City personnel and required for inclusion in the permit submittal. The City will conduct groundwater sampling and analysis, and prepare quarterly reports. Parametrix will provide report review only. The City will provide Parametrix with copies of each report in electronic and hard copy format. The draft permit submittal will be complete by December 15, 2000. The final will be submitted based on comments received from the City and Health Department. City personnel will prepare and submit the calendar year 2002 permit application. Parametrix will receive a draft for review by December 15, 2001. Cost: 30,831 (refer to attached cost estimate for detail). TASK 3 REVISE DEVELOPMENT AND CLOSURE PLAN This element of work will involve the review, modification, and updating of the PALF Development, Closure and Post Closure Plan (Parametrix 1997). The existing plan describes landfill operations and site development through 2017. The updated plan will describe development, closure, and post- closure City of Port Angeles PMX #235- 2191 -005 Landfill Engineering Services 4 April 2000 2000-2001 scope of work doc actions to account for operations through third quarter 2006, with closure commencing in 2007. Parametrix will evaluate the existing plan, and revise closure requirements and cost estimates based on the revised schedule. Activities: Specific elements of the plan to be evaluated include. Revise and/or amend closure and post closure plans. Revise final and interim grading plans. Prepare a gas system management plan. Update leachate management plans. Prepare planning level cost estimates and implementation schedules for landfill improvements. Prepare revised closure and post closure cost estimates, and schedules. Work Products: Parametrix will prepare and submit, in draft and final form, a revised Development, Closure and Post Closure Plan, including cost estimates, schedule, and implementation plans for major improvements. Assumptions: The Scope of Work and cost estimate is based on the following assumptions: One preliminary draft plan for City review and one draft final for submittal to the Health Department and Department of Ecology. A final plan will be submitted based on comments received from the Health Department and Department of Ecology. The draft plan will be submitted to the Health Department and Department of Ecology by October 31, 2001. The City will provide direction on post closure land -use prior to preparing the draft plan. Cost: 38,929 (refer to attached cost estimate for detail). TASK 4 CO COMPOSTING DESIGN REPORT This element of work will involve finalizing design and operations criteria for upgrading and operating the co- composting facility. Design criteria will include site development, system modifications and/or upgrades, utility and equipment requirements, operating parameters, and maintenance of facility systems. This will include an assessment of input waste streams from in- county sources other than the City. It will contain an evaluation of existing and projected biosolids volume (with and without proposed septage processing facilities) from the City's WWTP and recommendations for enhancing green waste sources for co- composting. This work will include research and interviews with waste stream sources in the County, evaluation of waste import and export sources and preparation of a design report and schematic City of Port Angeles PMX #235- 2191 -005 Landfill Engineering Services 5 April 2000 2000 -2001 scope of work doc design. This work will also include financial evaluation of public vs. private operation and long range planning for co- composting and biosolids disposal. Work Products: Parametrix will prepare and submit, in draft and final form a Co- composting Design and Development Plan, including schematic designs for site development and system modification, operational assumptions, a waste stream analysis (both import and export), cost estimates, schedule, and an implementation plan. The report will also present start up costs, staffing requirements, annual recurring costs and potential funding sources such as grants and loans. Assumptions: The Scope of Work and cost estimate is based on the following assumptions: One draft plan for City review (three copies) and one final plan (five copies) incorporating City comments. This effort does not include preparation of plans or specifications. All engineering will be schematic in nature. Design and implementation of plan elements will require an additional scope of work. Parametrix will utilize a subconsultant to assist in co- composting evaluations. Waste stream analysis is limited to Clallam County for import. No out -of- region travel is required to assess export waste streams. Cost: $49,726 (refer to attached cost estimate for detail). TASK 5 LONG RANGE PLANNING REPORT This element of work will involve review of options and development of a business plan regarding solid waste disposal alternatives, up to and following closure of the landfill. The plan will evaluate private vs. public operation solid waste handling and disposal facilities. It will contain a planning level review of feasible uses for the closed landfill properties, including a Golf Course, a regional solid waste facility or other commercial/industrial development. The report will contain schematic level engineering designs for preferred alternatives, a presentation of development, operations, and maintenance costs, and an implementation plan. Parametrix will develop this report through an iterative process with the City Public Works and Finance Departments and the City Manager. As requested Parametrix will participate in "Partnering Sessions" with City, County, and regulatory representatives. Work Products: Parametrix will prepare and submit in draft and final form a Long -Range Planning Report. The report will include a summary of alternatives analysis, and present the preferred alternative for solid waste handling and disposal, up to and following closure of the landfill. The report will discuss public vs. private operation of solid waste systems including the landfill, recycling, waste export systems, and the co- composting operation. The report will identify and project planning level cost estimates for selected alternatives and present and implementation plan that discusses operations, maintenance and financing requirements. Assumptions: The Scope of Work and cost estimate is based on the following assumptions: Cary of Port Angeles PMX #235- 2191 -005 Landfill Engineering Services 6 April 2000 2000 -2001 scope of work doc One Planning Report Scoping meeting with Public Works personnel Two "Partnering Sessions" with City and /or other county and regulatory representatives. One draft (three copies) and one final (five copies) incorporating City comments. This effort does not include preparation of plans or specifications. All engineering will be schematic in nature. Design and implementation elements will require an additional scope of work. Cost: $50,000. The budget currently provides $20,000 for initial scoping and partnering. The remaining $30,000 will be obligated based on scope development with the City. (Refer to attached estimate for details). TASK 6 DIRECTED SERVICES This element of work provides for unforeseen engineering or other services that may be required during the contract duration. Specific work assignments will require a negotiated scope, budget and schedule and written direction from the City on proceeding with the work. Cost: $40,000. City of Port Angeles PMX #235- 2191 -005 Landfill Engineering Services 7 April 2000 2000 -2001 scope of work doc EXHIBIT B Budget Task 1 General Operations Assistance $85,798 Task 2 Regulatory Coordination $30,831 Task 3 Revise Development and Closure Plan $38,929 Task 4 Co- Composting Design Report $49,726 Task 5 Long Range Planning Report $50,000 Task 6 Directed Services $40,000 TOTAL $295,284 City of Port Angeles PMX #235 2191 -005 Landfill Engineering Services 8 April 2000 2000 -2001 scope of work doc EXHIBIT C COST ESTIMATE 4 PORT ANGELES LANDFILL 2000 -2001- ENGINEERING SERVICES TASK 1 TASK 2 TASK 3 TASK 4 TASK 5 TASK 6 General Operations Regulatory Revise Development Co- Composting Design Long Range Planning Directed Services TOTALS LABOR CATEGORY Rate Hours Total Hours Total Hours Total Hours Total Hours Total Hours Total Hours Total Principal 125 4 500 4 500 4 500 16 2,000 72 9,000 0 100 12,500 ProectManager 110 340 37,264 12 1,315 8 877 12 1,315 8 877 0 380 41,648 Pro ect Engineer 115 64 7,360 32 3,680 64 7,360 72 8,280 0 0 232 26,680 Pro ect Scientist 108 36 3,888 64 6,912 48 5,184 16 1,728 0 0 164 17,712 Staff Engineer 88 96 8,448 24 2,112 160 14,080 120 10,560 0 0 400 35,200 Staff Scientist 77 0 40 3,080 0 0 0 0 40 3,080 Engineering Tech 68 24 1,632 80 5,440 BO 5,440 40 2,720 24 1,632 0 248 16,864 Environmental Tech 64 0 40 2,560 0 0 0 0 40 2,560 CADD /Graphics 65 100 6,500 48 3,120 60 3,900 64 4,160 40 2,600 0 312 20,280 Word Processing 48 40 1,920 24 1,152 20 960 24 1,152 13 624 0 121 5,808 Clerical 38 24 912 8 304 8 304 4 152 8 304 0 52 1,976 Labor Totals 728 68,424 376 30,175 452 38,605 368 32,067 165 15,037 0 0 2089 184,308 Average Billing Rate 94 80 85 87 91 88 SUBCONSULTANTS CATEGORY Pnce Moon Enterprise 14,000 14,000 Landmark Inc 4,500 4,500 Cascadia Inc 1,200 1,200 EnvioMech 1,200 1,200 Clint Stanovsky 1,200 1,600 2,800 NTI (survey) 9,000 9,000 Mark up (10 10% 1,350 1,520 400 3,270 Subconsultant Totals 14,850 16,720 4,400 35,970 EXPENSE CATEGORY Copy /Reproduction 0 10 2000 200 2000 200 1000 100 500 50 540 54 0 6040 604 Oversize Repro 2 50 12 30 4 10 10 25 4 10 6 15 0 36 90 Mileage 0 33 5000 1,625 800 260 320 104 400 130 600 195 0 7120 2,314 Ferry Tolls 8 25 6 50 8 66 8 66 4 33 4 33 0 30 248 Delivery 15 00 12 180 4 60 0 2 30 1 15 0 19 285 Equipment 0 0 0 0 0 0 0 Supplies 25 00 0 10 0 0 20 500 0 0 20 510 Presentation Materials 100 2 200 0 0 1 100 2 200 0 5 500 Directed Services Fund 30,000 40,000 0 70,000 Mark up (10 229 60 30 85 51 455 Expense Totals 2,524 656 325 938 30,563 40,000 75,006 PROJECT TOTAL 85,798 30,831 38,929 49,726 50,000 40,000 295,284 City of Port Angeles PMX#235 -2191 -801 Landfill Engineering Services 10/13/00 Books