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HomeMy WebLinkAbout5367Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vau1t Date: 5367 COSMOPOLITAN MARINE ENGINEERING PSA-CSO PCMP & SSAP Engineering LEG 12-1 3/4/2014 10/1/2014 10/31/2014 2015 Comments: �RO�ssxoN� sERVICES ���E�rr cso r�t co��ann �vr���g r� �rc�� & s��ot s��uo �a �,�ty� r� �ssa�� The City of Bremerton ("City'� and Cosmopolitan Marine Engineering ("ConsultanY7. refemed to collectively as the "Parties;' enter into the following Agreement for pmfessionat services: �. Scope: The Consultaat agrees to perForm the services mo� specifically describcd in the Soope of Work, dated Febnsary I8, 2014, including any attac]imenb thereto , atxached hereto as F.xhibit A, which is inauporated by refea�nce he�ia The Scope of Work may be modified only parsusnt to Sectian VII.G of this Agreement If the Scope of Work provides for unspecified addidonal aervices such services shall only be perfoaaed upon the express written request of the City. Consultant fuither represents that the services finanished under this Ag�aement will he pe7fonmed in accor�an� with ge�nerally accepted professianal practices in effect at the time such services ane performed. II. Term: The City and the Consultant agree that wotk will begin on the tasks described in Exhibit A immediatcly upon execution of this Agre�ment The parties agree that the work described in F�hibit A is to be campleted as provided for in the deliverables attached hereto elso as Exhibit A; provided however, that additional time shall be granbed by the City for excusable delays or extra work as provided for in Section YX.A of this ag�eement. III. Compemis�tion:ln consideration of the sernices provided pursuant to this Agceement, the City shall pay Cansultant in an amount not to exoeed Z4 4Q. Cflnsultant's charges and bilIs shall canform to the fee schedule as annotat� in the Sc,ope of Work attached hereto es Exhibit A and incorporated herein by this neference. The Consultant shall submit regttlar billing statements detailing wa=k pe�formed and amour�t charged on each task or portion ther�of. The desctiptions ahall conform to and fall within the categories set out in the Scope of Work andior Fee Schedute. Upon reaeipt of a co�orming billing statement, the City shall prompdY proc,ess payment PROVIDID, HOWEVER, the City neserves the right to prioritize scoped work and accslerate and/or delay work tasks under the time frame set forth in Sectian II herein. Consultant shall not gerfaaa wark beyond the Scope of Work, nor shall be comgensated for such work, unless the Soope of Work or amount of compensation is modified pursuant to this Agt�eement, Consultant shall only be compcasated for additional serviaes if requested pursuant to Sedion L If a billing statement does not canform to this A,greemcnt, the City may withhold payment until the statement is bmught into- oompliance. Such withholdi.ng daes not relieve Consultant of its obligations under this Agreemen� Bremerton/Cosmopolitan Engineering CSO Post Consttvction Monitoring Plan (PCMP) & Sediment Sampliug and Analysis Plan (SSAP) Page 1 of 7 IV. Relatio�ah�p of Partiee: Consultant represeats that it is skilled in the matt�rs addressed in the Scope of Work and is performing independent funcdons aad responsibilities withia its field of expe7tise. Consultant and its personnel are indepeadent Consultants and not employeea of the City. Consultant and its persoimel have no authority to bind the City or to contral the City's employees and other Consultants. Nane of the benefits pmvided by the City to its employees, including, but not limited to. compensation, insurance, aad nnemployment iasura�aoe are available fram the City to the employees. agcnts, r�pres�ntatives, or sub-Cansultants of the Consultan� Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Cansultants during the performanoe of this Agreement. The City may. during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As aa independent Consultant, Consultant is responsible for its own maaagemeat The City's administration and enfoi�cement of this Agre�ment shall not be deemed an exercise of managerial control over Consultant or its personnel. ; �►►s an independent Consultant, Consultant is responsible for psyment of all taxes and ' licensing fees necessary t� perform its obligations under this Agreemen� These taxes and fees include but are not limited to State industrial insuraucx, Business Bt Oc�upation, Statc professional licensing, and City busineas licensing. If any taxes or fees due the City have been ' declared delinquent, the City may withhold the delinqu�t amount, plus any additional charges arising froin the delinquency, fivm any payments due Consultant. � V. Indemeification: A. Consultant shall defend, indemnify and hold the City, i�s officers, officials� employees. agents and volunteers harniless from any and all clai�ns, injuries, damages, losses or suits, including all legal costs and attomey fees, arising out of or in wnnection with Consultant's pesformance of thia Agreement, unless Coneultant is conducting work pursuant to Subsection B below. The City's review or acceptence of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Arclutects. Engineers and A,i,�r Other Profesaional Listed In and Performing Senrices Defined in RCW 42.24.115: Should a court of competent je�risdiction deterntine that ConsuIt.ant's services pravided pursuant to 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, egents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. TT IS FURTi�.R SPECIFICALLY AND E7�`RESSLY UNDERSTO�D THAT TI� Il�IDEMNIFICATION PROVIDED HEREIN CONSTTTITTES TI� CONSULTANT'S WANER OF IIVJQVIUNTTY UNDER IlVDUSTRIAI.. Ih1SURANCE, T1TLE 51 RCW, SOLELY Bremerton/Cosmopolitan Engineering CSO Post Constructioa Monitoring Plan (PCMP) & Sediment Sampling and Analysis Plan (SSAP) Page 2 of 7 FOR THE PURP05ES OF THIS IlVDF.MNgTCATION. TF�E PARTIES FURTHER ACKNOWd�DGE THAT TI�Y HAVE NNTUALLY NE�OTLATED THI.S WAIVER. The provisions of this section shall survive the expiration or t�mination of rhia Agreemen�. VI. Insuranc�: The Cansultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persana or damage to property which may erise from or in conneckion with the peifa�mance of the work hen�mder by the Consultant, its agents, represeatatives, employees, sub-consultanta or sub-Consultants. Before beginning work on the pmject described in this Ag�reement, the Consultant shall grovide a Certificate of Insuramce evidencing: 1. .A�omabile Liabilitv insurance with Iimits na Iess than $I.,Q00,000 combined single iimit per ac�cident for bodily injury aad P�P�Y dam�ge� and 2. Commercial �eral Liab�7it,y insuranoe writtea an an oocun�en�e basis with limits no lcss tban $1,000,000 oombined single limit per oaunence and general aggregate for personal injury, bodily injury and pmperty damage. Coverage shall include but not be limited to: blanket con�actual; products/completed operations/hroad form property d$mage; explasion, aoIIapse aad undergro�nd (XCin if applicable; and employer's liability; and 3. Pro[essional Liabilitv insurance with limits no less than $].,000,000 limit per occurrencelclaim. Any payment of deductible or self insured retention shall be tb,e sole responsibility of the Consultant All required pnlicies shall be pmvided oa an "occur�+enoe" basis except professional Liability inst�rance (if required), which may be provided on a"claims-made" basis. The City shall be named as an additional insured on the Commercia[ General Liability insutance policy, as respects work penFornned by or on behalf of the C�nsultant and a copy of an endorsement that is acceptable to the City, which names the City as aa additional insured shall be attached to the Certificate of Insurance. The City re�erves the right to receivc a certified oopy of all the res�uired insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies ar►d/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating th�at coveragc shall appiy separately to each insuted against whom claim is made or suit is brought, except with resgects to the limits of the insurer's liability. The Consultant'a insvrance shall be print�ry insurance as respects the City snd it shall be aa affirmadve obligation upon Cons�iltant to advise the City's Risk Manager by fax at (36U) 473- 5161, or by cerafied mail, ieturn rec�ipt requested to City of Bremert4n, attn: Risk Management, 345 6�' Stc+eet, Suite 600, Bremerton, WA 98337 within two days of the cancellation, svspension Bremertan/Cosmopolitan Engineering C30 Post Construction Monitorin.g Plan (PCMP) & Sediment Sampling and Hnalysis Plan (SSAP) Page 3 of 7 or substautive change of any insurance policy set out herein, and failure to do so shall be c�nstrued to be a breach of this Agireement. The City also reserves its unqualified right to require at any time aud for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of ooverage. VII. General Conaitions: A. Reports and Ynformadon: When requested by the City, Consultant sball furnish periodic repacts azcd documents on matters +c:overed by this Agreement The reports and documents shall be fiunished in the time and foma requested. Consultant shall maintain acoounting records ia accordance with Generally Accepted Accounting Principles (GAAPj to substantiate all billed amounts. B. Ownership and Use of Recards and Docnments: Original documents, drawings, designs and reports, including those in ele�ctronic fozmat, developed under tbis Agreement are the property of the City. All writtea information submitted by the City to the Consultant in c�onnection with the serviaes performed by the Consultant under this Ag�+eement will be safeguarded by the C�nsultant to at least the same extent as the Consultant safeguards I�7ce inf�mation relating to its own business. ff such information is publicly available ar is already in Consultant's passession or ]aiown to it, or is right&illy obtaiaed by the Consultant from third parties, Consultaat shall bear no responsbility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agrecment may be atored at Consultant's office in Tac�,a Washington. Consultant shall make such data, documents, and files available to the City upon its request at all �asonable times for the pwrpose of editing, modifying and updating as necessary until such time as the City is capable of storing such informetion in the City's ofific,es. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable aosL All documents, including all reports, drawings, specifications, computer sof�ware or other items preparcd or fiuniahed by Consultant pursuant to this Ag�+eemient, are instiumeats of service with respect to the project and are the groperty of the City. Aay reuse by the City for other than the specific guipose intended will be at City's sole risk. C. Work Performed at Consultant's Risk: Consultant sball take all pr�c;eutions necessary and shall be responsible for the safety of its employeea, agents, and sub-oansuItants in the performaace of the work hereunder snd shall utilize all pmtection necessary for that purpose. All work sha11 be done at Consultant's own risk, and Consultant shall be responsible for aay loss of or damage to materials, tools, or othea articles used or held for use in connection with the work. D. Place of Work: The Consultant shall perform the work authorized under this Ag�e�ment at its offices in Gig Hsrbor, Washington. Ivieetings with the City staff as described in Bremerton/CosmopaIitan Engineering CSO Post Construction Monitoring Plen (PCMP) & Sediment Sampiing and Analysis Plan (SSAP) Page 4 of 7 Exhibit A, Scope of Work, shall tak�e place at the Cit�s offices, or at locatioas mutually agmed upon by the p�rbies. E. Entire Aereement This Agre�ment and its Exhibits canstitutes the entire agreement between the Parties, and the Pazties aclmowledge that thcre are no other agreements, written or aral, that have not been set forth in the text of this Agree�men� F, Sev� Should any part of this Agreement be found vaid, the balance of the Agreement shall remain in full force �nd effecx. G. Modification: This Agi+ecment may only be madified by writtea instrument signed by both Parties. H. Written Notices: All communications regarding this Agt�seement shall be sent to the perties at the addresses listed below by registered or 1 st class mail, or by personal service, and sbail be deemed su�ciently given if sent to the addressee at the add�ss stated in this Agreement or such other address as may be hereafter specified in writing. City Address Pat J Coxon 1600 Oyster Hay Ave. S Consultavt Address Cosmopolitan Marine En�neerin� Bill Fox P.E Bremerton. WA 98312 PO Box 623 Gi� Harbor. WA 98335 I• Waiver: Failare to enforce any provision of t�us Ag�eement shall not be deemed a waiver of that provision, Waiver of any right or power arising out of �is Agreement ehall not be deemed waiver of sny other right or power. J'. Non-Waiver of Hreach: The failure of the City to insist upon atrict performance of any of the covenauts and agreements contained herein, or to eaercise any option herein wnfenEd in one or more instanoes shall not be construed to be a waiver or relinquishmeut of said covenants, agneements or options, and the same shall be aud remain in full force and effect. K. Compliance arith Laws: Consultant shall wmply with all applicable Federal, State, and local laws in perfoiming its obligations under this Agreement. L. Choice of Law and Venue: This Agreement shall be interpreted according to t�e laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. M. Attorneys' Fees: Yn the event of litigation to enforce any of the tenns ar provisions herein, each party shall pay all its awn casts and attomey's fees. BremertonlCosmopolitan Engineering CSO Post Conshuction Monitoring Plan {PCMP) 8c Sediment Sampling and Analysis P1an (SSAP) Page 5 of 7 N. Assigament: Any assignnaent of this agreement by the Contractor without the written c�nsent of the City ahall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, r�ligion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupadonal qualification. I% Ter�tination: This Agreement shaU remain in foroe until completion and acceptanc;e of the services, tenninated by written instrument upan mutual cansent, or by the City of Bremerton for conveaience. This Agreement may be immediately teaninated for cause by a Party if the other Party substantially fails to perform through ao fault of the ternninating Party, and the aan perfarnaiag Party does not commence canection of the failure of perforrnance within thirty {30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work cuaent through the terminadon date. If the City receive8 r�imbursement by any federal, state, or other source for work deacribed in Section I herein, and that funding is withdrawn, reduced or limited ia any way, or the project is c�ncelled ar substandally reduced after the executioa dat� of this Agreement and prior to the completion of the work, the City may summarily rP*n+�nA-+P this pgrecment A. Excusable Del�ys: The right of Consultant to prooeed shall not be terminated nor shall Cansultant be chmrged with liquidated damages for any delays in the completion of the work due to: 1) aay acts of the federal govemment in controlling, res6rieting, or requisitioning materials. equipment, tools, or labor by reason of war, national defense. or other national emergency; 2) any acts of the City, its consultants, or other public ageneies causing such delay; and 3} causes not reasonably foreseeable by the parties at the time of the eaecution of the Agr�ement that are beyond the control and without the fault or negligence of the Consultant� including, but not restricted to, acts of God, fires, floods, sar�ces, or weather of unusual sevcrity. PROVIDID, HOWEVER, that the Consultant must promptiy notify the City within ten (10) calendar days in writing af the cause of the delay. �, on the basis of the facts and the tema�s of this Agreement, the delay is pmperly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Uptan Termination: In the event of terminativn, the City shall pay for all services performed by the Consultant to the effective date of termination, as desccibed on a final invoice submitted to the City. After termination, the City may take possession of all reoords and data within the Consultant's possessiun pertauung to this project which may be used by the City without restriction. Any such use not re[atsd to the project wluch Consultant was contracted to perForm shall be without liability or leg�l exposur� to thc Consultant. X. Saspeosion & Debarrnen� For camxacts involving Federal funding, Consuttant hereby certifies, by signing this agreement, that neither it nor its principals are pr�sently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide Bremertan/Cosmopolitan Engineering CSO Post Constniction Morutoring Plan (PCMP} & Sediment Sampling and Analysis Plan (SSAP) Page 6 of 7 immediate written notice to the City if at any time it leams that it is or has become ineligible for certification. Should Consultant e�nter into a covered transactian with another firm, Cansultant agrees hy signing this agreement that it will verify that the fum with whom it intends to do business is not debaned, suspended, ineligible, excluded or disqualified. CITY OF BREMERTON � By: Chal Martin its: Director of PVV�U Dare: �/Y�.r CONSULTANT � 7/ � i�� Hy: WiIliam P. Fox. P.E. its: Princi a Date: 3 / Approved as ta form: � � erton City Attorne City Clerk R RM31PcofessE�al3etvlces Apeemeat E�m (7A22}doc B�merton/Cosmopalitaa Engineering CS4 Post Const�vction Monitoring Plan (PCMP} & seidimecnt Sampling and Analysis ]Pian (SSAP} Page 7 of 7 Exhibit A Sediment Sampling and Analysis Plan and CSO Post Construction Monitoring Plan Scope of Worli, Schedule, and Cost Proposal �Introduction/Purpose_ _ The City of Bremerton operates wastewater conveyance and treatment facilities that include CSO and treated wastewater discharges to Sinclair Inlet, Port Washington Narrows and Dyes Inlet. NPDES Permit No. WA0029289 issued to the City on June 21, 2013 includes the following requirements: • S 10.A requires a Sediment Sampling and Analysis Plan (SSAP) to be submitted to Ecology by October 1, 2014 for review and approval • Sl l.D.d requires a CSO Post Construction Monitoring Plan (PCMP) to be submitted to Ecology by October 1, 2014 for review and approval The purpose of the scope of work described herein is to satisfy in full the requirements of the two NPDES Permit plan submittals described above. The SSAP will also be coordinated with and submitted to the Department of Natural Resources, the trustee agency for the state-owned aquatic lands occupied by the outfalls. An objective of the SSAP will be to satisfy both DNR and Ecology sediment sampling requirements in a single study. .- - ._..--- -.. _.--- - - - -- ------..-- ---. _....---..._ ... _ __..._. __ ..____.__ _. __ ..._ -- . ..............� - -- - ;Task 1— Sedire�ent Sampling_and Analysis Plan_(SSAP) __ __ __ Based upon a meeting in December 2013 between the City of Bremerton, Ecology and DNR, the agencies are tenta.tively requiring sediment sampling azound tentatively fou.r CSO outfalls (6, 7A & 7B and 13) plus the two treatment plant outfalls. Other assumptions for the basis of the SSAP include: • Three sta.tions will be sampled along the trajectory path of the discharge at each outfall • One station offshore of each outfall will also be sampled • Chemical analytes will consist of conventional parameters, Sediment Management Standard (SMS) parameters, and dioxin and furan • A tiered approach will be proposed in the SSAP, such that no biological sampling of sediments will be conducted in the baseline study Ciry of Bremerton 1 SSAP and PCMP Proposa! February 18, 2014 Scope Elements: • Gather background information on Sinclair Inlet sediment data through CME past studies, communication with Ecology andlor DNR, and literature review. Available literature includes Sinclair Inlet Superfund studies by the Navy, and Ecology and USEPA guidance manuals. • Prepare a SSAP based on Sediment Source Control Standards User Manuel, Appendix B: Sediment Sampling and Analysis Plan, Ecology, February 2008. Publication No. 03-09- 043. • SSAP will include: title page, background, project description, organization and schedule, quality objectives, sampling process design and procedures, measurement methods, quality control, data. verification and validation, and relevant graphics (including proposed sampling stations). • The SSAP will also include a discussion of the previous sediment sampling conducted in the area and its implications. • SSAP will be submitted first to the City of Bremerton for review and approval and then to Ecology and DNR for formal approval. Deliverables: Draft SSAP for City review electronically in pdf format (due date September 1, 2014) Draft SSAP for Ecology and DNR review electronically in pdf format (due date October 1, 2014). • Two copies of Ecology and DNR approved plan electronically in pdf format. ... . ........ . . .. ... .. ....... . -- -- . ._.._ .. . _ .. _ _ . _ . . _......._._. ._. _. _ .. .. __ ._ _ ....__....-�----- -Task 2 — CSO Post Construction Monitoring Plan (PCMP) _ _ _, . . __ ,__.___ CSO post-construction monitoring is a requirement of the federal CSO control policy (59 FR 18688). This PCMP will draw on EPA's guidance on post-construction monitoring (http://cfpub.epa. ov/npdes/home.cfm?program id=5) and precedent from the PCMP submitted by King County and approved by Ecology in 2012. Also, with population under 75,000 Bremerton (approximate population 38,000) will qualify for less stringent requirements than the King County PCMP. Accordingly, the PCMP will have two parts as follows: Monitoring the Effectiveness of CSO Controls. The objective of this section of the PCMP will be to document that existing CSO construction and compliance monitoring already meet the requirements. The PCMP will summarize the controls already implemented and establish the conclusion that the existing information meets all requirements. The CSO Annual Reports will be cited to document compliance at the controlled outfalls, and the NPDES Permit DMRs for the Eastside treatment plant. City of Bremerton 2 SSAP and PCMP Proposal February 18, 20/4 Monitoring to Assess Compliance with Water and Sediment Quality Standards. The objective of this section of the PCMP will document that the presumptive CSO control approach esta.blished by EPA and cited by Ecology is already satisfied by existing information and programs. Existing ambient sampling by Ecology, Health and Bremerton that support this conclusion will be documented in the PCMP. The 303(d) Category 2 and S listings for Dyes Inlet, Port Washington Narrows and Sinclair Inlet will also be documented, with particular emphasis on the Category 5 fecal coliform TMDL conclusions and wasteload allocations for the City of Bremerton treatment plants and CSOs. Additionally, the 2013 NPDES Permit Fact Sheet includes critical assessments of reasonable potential to exceed water quality standards for the Eastside discharge, which will be cited to support the conclusion of the PCMP. The PCMP will conclude that sediment testing is the best and only feasible measure of long-term compliance with ambient quality standazds. The PCMP will propose that the sediment sampling established under Task 1 of this Scope of Work is the only ambient sampling required. Thus, the PCMP will not include any effluent or ambient monitoring above and beyond the proposed SSAP, NPDES DMRs and the City's Annual CSO Monitoring Report. Deliverables: • Draft PCMP for City review electronically in pdf format (due date September 1, 2014) • Draft PCMP for Ecology and DNR review electronically in pdf format (due date October 1, 2014). • Two copies of Ecology and DNR approved plan electronically in pdf format. . ...... . .. .. .. . .. . ... .. _ . ... _ .._ _.. .. _ . .__.. . . . . _. . . . ... . - - - ._ _. .. . - ..._..._ - ------ ;Cost Proposal _� This proposal is based on lwnp sum costs per ta.sk according to the following schedule: Task Description Cost . 1. Sediment Sampling and Analysis Plan $8,560 2. CSO Post Construction Monitoring Plan $15,880 Project Total $24,440 City of Bremerton 3 SSAP and PCMP Proposal February 18, 1014