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HomeMy WebLinkAbout5112Contract Number: Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5112 Parametrix PSA - Westside WWTP Feasibility Analysis WWTP LEG 12-1 2/1/2012 4/30/2012 4/30/2012 2014 Comments: Complete 5 weeks after NTP t . � � ;i PitOFESSIONAL SERVICES AGREEMENT Westside WWTP Feasibility Analysis The City of Bremerton ("City") and Parametrix ("ConsultanY'), referred to collectively as the "Parhes," enter mto the followmg Agreement for professional services I. Scope: The Consultant agrees to perform the services more specifically described m the Scope of Work, dated January, 2012, mcludmg any attachments thereto , attached hereto as Exhibit A, which is mcorporated by reference herein The Scope of Work may be modified only pursuant to Sechon VII G of tlus Agreement If the Scope of Work provides for unspecified addrtional services such services shall only be performed upon the express written request of the Crty Consultant further represents that the services furrushed under tlus Agreement will be performed m accordance with generally accepted professional practices m effect at the time such services are performed II. Term: The City and the Consultant agree that work v�nll begin on the tasks described m Exlubrt A immediately upon execution of this Agreement The parties agree that the work is to be completed as provided for m the work schedule attached hereto as Exlubit A, provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for m section IX (A) of this agreement III. Conapensation: In consideration of the services provided pursuant to tlus Agreement, the City shall pay Consultant in an amount not to exceed $24,894.62 Consultant's charges and bills shall conform to the fee schedule as attached m Exhibit A and mcorporated herem by tlus reference The Consultant shall submit regular billmg statements deta,�lmg work performed and amount charged on each task or portion thereof The descnptions shall conform to and fall withm the categones set out in the Scope of Work and/or Fee Schedule Upon receipt of a conformmg billmg statement, the Crty shall promptly process payment PROVIDED, HOWEVER, the Crty reserves the right to pnontize scoped work and accelerate and/or delay work tasks under the time frame set forth m Section II herein The Consultant's labor rates and billing fees shall be as delineated in Exlubrt A Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to tlus Agreement Consultant shall only be compensated for additional services if requested pursuant to Sechon I and, if not otherwise provided, such compensarion shall be m accordance with Exhibrt A If a billmg statement does not conform to tlus Agreement, the Criy may wrthhold payment unhl the statement is brought mto compliance Such withholdmg does not relieve Consultant of rts obligations under this Agreement Bremerton/Parametrix WWTP Feasibihty Analysis Page 1 of 7 ., � . IV. Relationship of Parties: Consultant represents that rt is slcilled m the matters addressed m the Scope of Work and is performing mdependent functions and responsibilrties witlun its field of expertise Consultant and rts personnel are mdependent Consultants and not employees of the Crty Consultant and its personnel have no authorrty to bmd the Crty or to control the Crty's employees and other Consultants None of the benefits provided by the Crty to its employees, includmg, but not limited to, compensation, msurance, and unemployment msurance are avvlable from the Crty to the employees, agents, representatives, or sub-Consultants of the Consultant Consultant v�nll be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants durmg the performance of tlus Agreement The Crty may, durmg the term of tlus Agreement, engage other independent Consultants to perform the same or similar work As an mdependent Consultant, Consultant is responsible for rts own management The Crty's admmistration and enforcement of tlus Agreement shall not be deemed an exercise of managenal control over Consultant or rts personnel As an mdependent Consultant, Consultant is responsible for payment of a11 ta�ces and licensmg fees necessary to perform rts obligations under this Agreement These taxes and fees mclude but aze not limited to State industnal msurance, Busmess & Occupahon, State professional licensing, and City busmess licensmg If any taa�es or fees due the Crty have been declazed delmquent, the Crty may wrthhold the delmquent amount, plus any addrtional charges arising from the delmquency, from any payments due Consultant V. Indemnification: Consultant shall defend, mdemrufy and hold the City, rts officers, officials, employees, agents and volunteers harmless from any and all claims, m�uries, damages, losses or suits, mcludmg all legal costs and attorney fees, arismg out of or m connection wrth the performance of tlus Agreement, except for that portion of the m�uries and damages caused by the City's sole negligence The Crty's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of mdemrufication Should a court of competent �urisdiction determine that this Agreement is sub�ect to RCW 4 24 115, then, m the event of liabilrty for damages arising out of bodily mJury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the Crty, rts officers, officials, employees, agents and volunteers, the Consultant's liabilrty 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 1NDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expirarion or termmation of tlus Agreement Bremerton/Parametnx WWTP Feasibilrty Analysis Page 2 of 7 T VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, msurance agamst claims for m�uries to persons or damage to property which may arise from or in connection wrth the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants Before begmrung work on the proJect descnbed m this Agreement, the Consultant shall provide a Certificate of Insurance evidencmg 1. Automobile Liabilitv msurance wrth limrts no less than $1,000,000 combmed smgle limit per accident for bodily m�ury and property damage, and 2. Com�ercial General I.iabilitv msurance written on an occurrence basis with limrts no less than $1,000,000 combmed single limrt per occurrence and general aggregate for personal in�ury, bodily in�ury and property damage Coverage shall include but not be limrted to blanket contractual, products/completed operations/broad form property damage, explosion, collapse and underground (XCU) if apphcable, and employer's liability, and 3. Excess Liabilitv msurance wrth limits not less than 1,000,000 limrt per occurrence and aggregate 4. Professional I,iabilitv msurance wrth limrts no less than $1,000,000 limrt per occurrence/claim Any payment of deductible or self msured retention shall be the sole responsibilrty of the Consultant All required policies shall be provided on an"occurrence" basis except professional liabilrty msurance (if required), wluch may be provided on a"claims-made" basis The Crty shall be named as an addrtional msured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the Crty, which names the Crty as an addrtional msured sha11 be attached to the Certificate of Insurance The City reserves the nght to receive a certified copy of all the required msurance policies and endorsements The City further reserves the nght to re�ect any unacceptable policies and/or endorsements The Consultant's Commercial General Liabihty msurance shall contain a clause statmg that coverage shall apply separately to each insured against whom claim is made or surt is brought, except with respects to the limrts of the insurer's liability The Consultant's msurance shall be pnmary insurance as respects the Crty and rt shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473- 5161, or by certified mail, return receipt requested to Crty of Bremerton, attn Risk Management, 345 6th Street, Surte 600, Bremerton, WA 98337 wrthm two days of the cancellation, suspension or substantive change of any msurance policy set out herem, and failure to do so shall be construed to be a breach of this Agreement Bremerton/Parametrix WWTP Feasibilrty Analysis Page 3 of 7 � � � • The Crty also reserves its unqualified nght to require at any time and for any reason, proof of coverage m the form of a duplicate of the msurance policy with all endorsements as evidence of coverage VII. General Conditions: A Renorts and Information When requested by the Crty, Consultant shall furnish penodic reports and documents on matters covered by tlus Agreement The reports and documents shall be furnished m the time and form requested Consultant shall mamtam accounhng records m accordance wrth Generally Accepted Accountmg Prmciples (GAAP) to substantiate all billed amounts B Ownerslup and Use of Records and Documents Ongmal documents, drawmgs, designs and reports, includmg those m electroruc format, developed under tlus Agreement aze the property of the City All written information submitted by the Crty to the Consultant in connection with the services performed by the Consultant under tlus Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguazds like information relatmg to its own busmess If such mformation is publicly available or is already m Consultant's possession or known to rt, or is nghtfully obta,�ned by the Consultant from third parties, Consultant shall beaz no responsibility for rts disclosure, madvertent or otherwise All data, documents and files created by Consultant under tlus Agreement may be stored at Consultant's office m Bremerton, Waslungton Consultant shall make such data, documents, and files available to the Crty upon rts request at all reasonable times for the purpose of edrtmg, modifymg and updatmg as necessary until such rime as the City is capable of stonng such mformation m the City's offices Duplicate copies of tlus information shall be provided to the Crty upon its request, and at reasonable cost All documents, mcludmg all reports, drawmgs, specifications, computer software or other rtems prepared or furnished by Consultant pursuant to this Agreement, are mstruments of service v�nth respect to the pro�ect and are the property of the Crty Any reuse by the City for other than the specific purpose intended will be at City's sole risk C Work Performed at Consultant's Risk Consultant shall take all precaurions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants m the performance of the work hereunder and shall utilize all protechon necessary for that purpose All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection wrth the work D Place of Work The Consultant shall perform the work authorized under tlus Agreement at rts offices m Bremerton, Washmgton Meetings wrth the Crty staff as described m Exhibrt A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties Bremerton/Parametrix WWTP Feasibilrty Analysis Page4of7 � E Enhre A�reement This Agreement and rts Exhibrts constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement F Severabilitv Should any part of tlus Agreement be found void, the balance of the Agreement shall rema,�n in full force and effect G Modification Tlus Agreement may only be modified by written instrument signed by both Parhes H Written Notices All commurucations regazding tlus Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in tlus Agreement or such other address as may be hereafter specified in wrrtmg Crty Address Pat J Coxon Consultant Address Parametrix - Bill Webb 1600 Ovster Bay Ave S Bremerton, WA 98312 4660 Kitsap Way Bremerton, WA 98312 I Waiver Failure to enforce any provision of tlus Agreement shall not be deemed a waiver of that provision Waiver of any nght or power arismg out of this Agreement shall not be deemed waiver of any other nght or power J Non-Waiver of Breach The failure of the City to msist upon stnct performance of any of the covenants and agreements contamed herein, or to exercise any option herein conferred m one or more mstances shall not be construed to be a waiver or relmquishment of said covenants, agreements or options, and the same shall be and remam in full force and effect K Compliance v�nth Laws Consultant shall comply wrth all applicable Federal, State, and local laws m performmg rts obligations under this Agreement L Choice of Law and Venue This Agreement shall be mterpreted according to the laws of the State of Waslungton Any �udicial action to resolve disputes arismg out of tlus Agreement shall be brought m Krtsap County Superior Court M Attornevs' Fees In the event of lrtigation to enforce any of the terms or provisions herem, each party shall pay all rts own costs and attorney's fees N Assi nment• Any assignment of tlus agreement by the Contractor wrthout the written consent of the City shall be void Bremerton/Parametrix WWTP Feasibilrty Analysis Page 5 of 7 � VIII. Nondiscrimination: Consultant shall not discnmmate m employment or services to the public on the basis of race, color, national ongm, sex, religion, age, marrtal status, disability, or sexual onentation except for employment actions based on bona fide occupational qualification IX. Termination: This Agreement shall remain m force until completion and acceptance of the services, termmated by wntten mstrument upon mutual consent, or by the Crty of Bremerton for converuence Tlus Agreement may be immediately terminated for cause by a Party if the other Party substantially fasls to perform through no fault of the termmatmg Party, and the non- performmg Party does not commence correction of the failure of performance wrthm tlurty (30) days of the termmatmg Party's sendmg notice to the non-performmg Party Any Nohce by Consultant shall mclude a report showmg the status of all items listed in the Scope of Work current through the termination date If the City receives reimbursement by any federal, state, or other source for work descnbed m Sechon I herem, and that fundmg is wrthdrawn, reduced or limrted m any way, or the pro�ect is cancelled or substantially reduced after the execution date of tlus Agreement and pnor to the complehon of the work, the Crty may summarily termmate this Agreement A Excusable Dela� The nght of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays m the completion of the work due to 1) any acts of the federal government m controllmg, restrichng, or requisitionmg matenals, equipment, tools, or labor by reason of war, national defense, or other national emergency, 2) any acts of the City, rts consultants, or other public agencies causmg such delay, and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and wrthout the fault or negligence of the Consultant, includmg, but not restncted to, acts of God, fires, floods, stnkes, or weather of unusual seventy PROVIDED, HOWEVER, that the Consultant must promptly notify the City witlun ten (10) calendaz days m wrrting of the cause of the delay If, on the basis of the facts and the terms of tlus Agreement, the delay is properly excusable, the Crty shall, in wrihng, extend the tune for completmg the work for a period of time commensurate with the penod of excusable delay B Ri h� ts Upon Termmation In the event of termination, the Crty shall pay for all services performed by the Consultant to the effective date of termination, as descnbed on a final mvoice submitted to the City After termmation, the City may take possession of all records and data wrthm the Consultant's possession pertammg to tlus pro�ect which may be used by the Crty without restnction Any such use not related to the pro�ect which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant CITY OF BREMERTON c�v► .�.i..C���. By Katv Allen Its• Director of PW&U Date �a n '3 O , 'z6 12 CONSULTANT n� By �r�,,� � 1��/ Its ���►�• Date _� l� 20 � Z Bremerton/Parametnx WWTP Feasibilrty Analysis Page 6 of 7 Approv orm . Bre erton rty ttorney R U.EGAL\Contracts�FORMS�Profess�onal Serv�ces Agreement Form (2003) doc Bremerton/Parametnx WWTP Feasibihty Analysis Page 7 of 7 ttest Crty Clerk , � —* City of Bremerton Bypass of Secondary Treatment Feasibility Analysis Scope of Work Parametnx will provide Bremerton Wastewater Staff wrth a techmcal memorandum documenting the findmgs of a feasibihty analysis for bypassmg City of Bremerton Westside Wastewater Treatment Plant (WWTP) secondary treatment facilities dunng a sigmficant wet weather event The goal of the work is to satisfy regulatory requirements for the City's NPDES permittmg efforts This Scope of Work contams the following Phase and Tasks PHASE 1 — FEASIBILITY ANALYSIS The purpose of this phase is to prepare a treatment feasibility analysis techmcal memorandum that evaluates alternatives to prevent or reduce the bypass of wastewater flow around the Westside WWTP _ secondary treatment process dunng sigmficant wet weather events The prunary goal of the effort is to assist the City m meetmg rts wastewater related NPDES permit requirements Task 1 1— Pro�ect Management, Information Collection, QA/QC and Meetings Parametrix will prepare for and conduct an mterview meetmg with City staff to collect pertment feasibility analysis mformation for the Westside WWTP (West Plant) and Eastside WWTP (East PIant) which will mclude • Plant mamtenance procedures and activities • Dates when any Plant component was off lme, reasons for why component was off lme and steps that were taken to bnxig component back on line • Most recent Combmed Sewer Overflow Operahon Plan (CSOOP) submission . Plant design cntena mformation and srte plans • Process control information • Sludge removal and disposal • Record of flows bypassed through East Plant and treatment performance record • Pertment previous CSO related reports (for example the Long Term Control Plan (LTCP) and documents that would relate to this feasibilrty work Other efforts covered under this task mclude quahty control, quality assurance, pro�ect oversight by semor staff, and pro�ect mvoicing and mformal reportmg Crty of Bremerton WWTP Feas�b�ltry Study Scope of Work 999-1896-999 January 2012 n ' � . SCOPE OF WORK (CONTINUED) Task 1 2— Prepare and Finalize Technicai Memorandum Parametnx will prepare the memorandum wrth the following sections to meet the basic requ�rements of a CSO Control Policy Bypass of Secondary Treatment Feasibilrty Analysis • Execurive Summary • Introduction • Review of Operation and Mamtenance of Secondary Treatment System • Evaluation of Plant Design to Process Wet Weather Flows • Feasibilrty Evaluation to Provide Additional Wet Weather Flow Treatment at WWTP • Summary and Conclusion Memorandum will mclude up to four figure sheets to show site plans and, if required, alternative analysis layouts Memorandum will evaluate the feasibility of providmg treatment alternatives to reduce or prevent the bypass of the secondary process at the West Plant dunng sigmficant wet weather events for partial treatment at the East Plant Also, a no-feasible alternative will be considered for the memoranduxn The feasibihty analysis will be conducted usmg both financial and techmcal elements Task 1.2 Deliverables Parametnx will prepare a techmcal memorandum that contams a maximum of twenty pages of text Only Order of magmtude of costs will be prepared if requ�red for financial feasibility analyses SCOPE OF WORK ASSUMPTIONS SUMMARY AND SCHEDULE • Parametrix will complete Phase 1 work withm five weeks of notice to proceed by the City • This schedule assumes that the City will be able to furnish background information matenal from the vanous Crty data sources (withm two weeks of notice to proceed) Parametnx will also use the City interview meetmg to expedite the mformation collection process • There will be one draft submittal of the memorandum to the City to provide review comments on The schedule assumes the City will provide comments wrthin two weeks of receivmg the draft memorandum Parametrix will incorporate City review comments withm one week of recervmg them Draft memorandum will be sent electromcally to the City in PDF format only • Parametnx will produce one (1) mvoice for this work Additional mvoicmg caused by delay may result m additional costs • Pazamemx will evaluation a maximum of four options to reduce or prevent secondary bypass includmg 1) construction of additional secondary treatment facihties, 2) storage of wet weather flow exceedmg secondary treatment capacity, 3) non-biological treatment and 4) enhanced pnmary treatment • Final engmeer sealed memorandum will be provided to City m PDF format only Cery ofBremerton 999-1896-999 WWTP Fearrbrkty Study 2 January 1012 Scope of Work EXHIBIT A - FEE SCHEDULE City of Bremerton PUMP STATION CE4 STABILITY/FLOTATION REVIEW Notes Fees shown are for budgetmg purposes only Work elements and staffing under each task w�ll be as requested by the City BILLING RATES Direct Rate Direct Rate z 3.1 Billin Rate Pro ect Mana er Webb $57 60 $178 56 $150/hr ca ed Semor Consultant $55 11 $170 84 $170 84/hr Ko ch nsla Semor En meer McAlister $55 I 1 $170 84 $170 84/hr En meer $42 02 $130 26 $130 26/hr Desi er $36 52 $113 21 $113 21/hr CADD $31 40 $97 34 $97 34/hr Admmistrative (Word $26 86 $83 27 $83 27/hr Processm Pro ect Accountm Soileau $26 50 $82 15 $82 15/hr Pro ect Su ort Still $30 50 $94 55 $95 55/hr Contracts Admmistration $3g 2g $118 67 $118 67/hr Cartwn ht NOTES 1) Rates for techmcal work are capped at $175/hr 2) Rates for non-techmcal work (e g pro�ect management) are capped at $150/hr 3) B�llmg rate is D�rect salaty x 3 1 not to exceed e�ther $150 00 or $175 00 per Notes 1 and 2 4) 5% Subconsultant mark up 5) 6% Direct Salary for Other Direct Costs Chent C�ty of Bremerton Pro�ect WWTPFeasibilityAnalysis Pro�ect No Burdened Rates � c in N 'C j� = .+ u c 'o y � � L � �2 C V W �' � j � LL � 0 0 O 0 "' n U N C N � Y V U v 'O O �p C � O � J j � c O � ✓� � C C C u a.+ Gi � N N E m t�o O++ " � O C C � C � � V � 00 00 y LL 7 � f0 C � Z W W t�V— pG Q' u O � V O �- t/f {n �� U Q � V1 V1 G. VI 67 28 $170 84 $118 67 $82 15 $83 27 $150 00 $94 55 Phase Task Descnption Labor pollars Labor Hours Multipl�er O3 W1NTP Feasibdity Analysis $23,485 49 147 3 OS 12 112 4 2 11 4 2 Ol 01 PM and Data Collect�on $4,962 42 32 3 06 8 16 2 2 2 2 01 02 Prepare Memorandum $18,523 07 115 3 09 4 96 2 11 2 Non Bdlable Phase $0 00 0 00 Non Billable Phase $0 00 0 00 AE01 Allocated Expenses $0 00 0 00 AE01 AE01 Allocated Expenses 6% $0 00 0 00 Labor Totals $23,485 49 147 12 112 4 2 11 4 2 $2,007 36 $1 0 8 $474 6 8 $164 30 $915 97 $600 00 $189 30 SUBCONSULTANTS Subconsultant Name Amount Subconsultant Total $0 00 DIRECT EXPENSES Descr�ot�on Amount Allocated Expenses 6% $1, 1300 Expense Total $1,409 1300 Project Total $24,894 62