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HomeMy WebLinkAbout4478 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 4478 HDR ENGINEERING INC Design Svcs - Sewage Pump Station CW-1 2005 Mods Engineering PRO File Class LEG 12-1 $112000.00 03/17/2005 03/01/2006 02/15/2008 GL AL E&O $2000000.00 $1000000.00 $1000000.00 Insurance Total Insurance Review Date $4000000.00 06/01/2005 Vault 01/01/2008 PROFESSIONAL SERVICES AGREEMENT SEW AGE PUMP STATION CW-l 2005 MODIFICATIONS DESIGN SERVICES This Agreement is between the City of Bremerton, a municipal corporation (hereinafter referred to as "City") and HDR Engineering, Inc. ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to provide the services set out in the Scope of Work attached hereto and incorporated herein by this reference as Exhibit A. The Scope of Work may be modified only pursuant to Section VII D. of this Agreement. If the Scope of Work provides for unspecified additional services the City may request, such services shall only be performed upon the express, written request of the City. II. Term: This Agreement commences upon issuance of a written Notice to Proceed by the City and terminates on March 1, 2006, unless another date is substituted pursuant to Sections IX. The Parties agree that time is of the essence for completing this work and agree that work under this agreement will be completed by the termination date of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed One Hundred and Twelve Thousand Dollars ($112,000). Consultant's charges and bills shall conform to the fee schedule attached as Exhibit B and incorporated herein by reference. The amounts for individual tasks set forth in Table B-1 may vary provided the total is within the not-to-exceed amount, less the amount set aside for additional services, of this Agreement. The Consultant shall submit regular billing statements describing services rendered and the amount charged for each service consistent with the level of detail provided in Exhibit B. The descriptions shall conform to and fall within the categories set out in the Scope of Work. Upon receipt of a conforming billing statement, the City shall promptly process payment. 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 this Agreement. Additional services shall be compensated for only if requested pursuant to Section I and shall be compensated as set out in the request or, if the request does not so provide, as set out in Exhibit B. Bremerton/HDR CWo! Design Professional Services Agreement Page I of5 If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Opinions Of Probable Cost (Cost Estimates) Any opinions of probable project cost or probable construction cost provided by Consultant are made on the basis of information available to Consultant and on the basis of Consultant's experience and qualifications, and represents its judgment as an experienced and qualified professional engineer. However, since Consultant has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Consultant does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Consultant prepares. V. Relationship of Parties: Consultant is skilled in the matters addressed in the Scope of Work and will perform independent functions and responsibilities in the area of its particular field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other consultants or contractors. As an independent consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, B&O, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. VI. Insurance and Hold Harmless: Consultant shall provide Certificates of Insurance to the City's Risk Manager verifying the following coverage: 1) a professional liability policy ("E&O") providing coverage of$l,OOO,OOO for errors and omissions committed by Consultant while performing its obligations under this Agreement, and 2) a comprehensive general liability ("CGL") policy providing coverage of at least $1,000,000 per occurrence and including bodily injury and property damage. The CGL shall name the City as an additional insured. Both policies shall remain in full force and effect, and provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager with 30 days' written notice of any cancellation or change of coverage of either policy. Consultant shall, at all times, be solely responsible for the negligent or wrongful acts or failur~s to act of its personnel, sub consultants and agents which arise in any way out of the performance of this Agreement. Consultant agrees to defend, indemnify, and hold harmless the Bremerton/HDR CWo! Design Professional Services Agreement Page 2 of5 City and its appointed and elected officials and employees from and against any and all liability, loss, costs, damage, and expense, including costs and attorney fees in defense thereof, because of actions, claims, or lawsuits for damages resulting from personal or bodily injury, including death any time resulting therefrom, sustained by any person or persons, and on account of damage to property, to the extent arising out of the willful misconduct or negligent performance ofthe Agreement, if such injuries to persons or damage to property is due to the willful or negligent act or omission of the Consultant, its sub consultants, its agents, or assigns. The City and Consultant have specifically negotiated Consultant's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Consultant's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise from the acts or failures to act of the City. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Entire Agreement: This Agreement and its Exhibits 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. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. E. Notices: Notices shall be in writing and delivered to the following addresses: City Address Consultant Address City of Bremerton HDR Engineering, Inc. 239 4th Street 500 108th Avenue NE Ste 1200 Bremerton, WA 98337 Bellevue, W A 98004-5549 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. BremertonlHDR CW-I Design Professional Services Agreement Page 3 of5 G. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. H. Choice of Law and Venue: This Agreement shall be interpreted according to the 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. I. Attorneys' Fees: To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section VI of this agreement VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated, at will, by the City upon 30 days' notice to the Consultant. This Agreement may be immediately terminated for cause by either Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within five days of the terminating Party's sending notice to the non-performing Party. Upon termination the City will be entitled to reports showing the status and/or all work products, independent of their stage of completion or preparation format, of all items listed in the Scope of W orkcurrent through the termination date. X. Standard Of Performance: The standard of care for all professional engineering and related services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of Consultant's profession practicing under the same or similar circumstances at the same time and in the same locality. XI. Construction Procedures: Consultant's observation or monitoring portions of the work performed under construction contracts shall not relieve the contractor from its responsibility for performing work in accordance with applicable contract documents. Consultant shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. XII. Re-Use Of Documents: All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property ofthe City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant, and City will defend, indemnify and hold harmless Consultant from all claims, damages, losses and expenses, including attorney's fees Bremerton/HDR CW -I Design Professional Services Agreement Page 4 of 5 --- ---- arising or resulting therefrom. The format for docUments and work products shall be as specified in the exhibits. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. HDR ENGINEERING, INC. ~~an, REMERTON [.)~ J4:t~- ~)- Wade Hathhorn, P.E., d te Vice President Mayor rm: Bremerton/HDR CW-l Design Professional Services Agreement Page 5 of5 EXHIBIT A CITY OF BREMERTON PUMP STATION CW-l ENGINEERING DESIGN SERVICES SCOPE OF WORK INTRODUCTION The purpose of this contract is for HDR to provide engineering services to assist the City in the design of the upgrade of Pump Station CW-l. The scope ofHDR services for this project include the following tasks. A detailed description of each task is provided herein. Table 1. Scope of Services Task Descripton 101 Proj ect Management, Coordination and Meetings 201 Surge Analysis and Control Design 202 Electrical and Instrumentation Design 203 Structural Analysis and Design 204 Mechanical Design 205 Pumping System Design Review 206 Bidding and Construction Assistance 300 Additional Services Ge-"eral Project Assumptions 1. The pump station upgrade will require temporary bypass pumping to facilitate the construction of the new improvements within the pump station. Design of a temporary bypass pumping system is not included in this scope. 2. The construction of the improvements included in this scope of work is based on the existing pump station being completely taken out of service. 3. No staging of improvements will be incorporated into the design of the improvements in this scope. 4. Demolition drawings will be developed by the City. City of Bremerton 1 Pump Station CW-l Engineering Design Services 5. The documents will use the Standard General Conditions of the Construction Contract as prepared by the Engineers Joint Contract Documents Committee (EJCDC). 6. The City will prepare specifications for Divisions 0 through 11, and Division 15 except for the sections noted in this scope to be prepared by HDR. No specifications in Divisions 12 or 14 will be developed in this scope of work. SERIES 100 TASKS - PROJECT MANAGEMENT Task 101- Project Management, Coordination, and Meetings Consultant Responsibilities: 1. Contracting and internal project controlling and accounting 2. Staff administration and scheduling 3. Monthly reports and invoices 4. Att~nd coordination and review meetings Assumptions: 1. Standard invoices and reports will be prepared on a monthly basis 2. HDR standard monthly invoice format will be utilized. This format contains an itemized list of project staffwho charged to the project, hourly rates, number of hours charged, and Other Direct Charges (ODCs). 3. Invoice hours will be classified by tasks. 4. No backup information (i.e. timesheets, logs, receipts, etc.) will be submitted with the invoices unless specifically requested by the City. Backup information will be available in HDR files for inspection by City project auditing staff, if requested by the City. 5. The City will maintain the role of overall project coordination with other governmental agencies. Work Products: 1. Monthly reports with descriptions of the work performed and cost of associated work. 2. Monthly standard invoice. SERIES 200 TASKS - DESIGN SERVICES Task 201 - Surge Analysis and Control Design The existing CW -1 pump station was designed and constructed with flywheels on the pump motor shafts to provide surge protection. It is anticipated that the upgraded pump station will also require surge control to protect the pumping system in the event of a sudden stop in pumping. Consultant Responsibilities: 1. Create a computer simulation of the operation of the pump station and force main that will accurately depict the conditions currently experienced using WaterCAD and HAMMER software. 2. Analyze the operation of the pump station and force main under normal operating conditions City of Bremerton 2 Pump Station CW-l Engineering Design Services 3. Analyze the operation of the pump station and force main under conditions caused by a sudden stoppage of the pumps. 4. Provide recommendations to the design team for new facilities that will minimize the impact of a sudden stop in pumping. 5. Develop details and specifications for a surge tank control system. 6. Provide tank dimensions and coordinate with the City to identify potential locations to install a surge control tank system. Assumptions: 1. The pipeline has been built in accordance with drawings provided by the City. 2. A surge tank system will be the recommended surge control method. City Responsibilities: 1. Provide information on the existing pipeline (alignment, profile, fittings, etc.). 2. Provide information on the proposed pump(s). 3. Provide access to the pump station and force main for a walk-through. 4. Review work products prepared by Consultant. 5. Incorporate the surge tank and related piping into City developed site and piping drawings. Work Products: 1. Draft and final Technical Memorandum detailing the surge analysis, surge control alternatives, preliminary tank sizing and final recommendations. 2. Surge control tank system specifications. 3. Written responses to client review comments will not be required. Task 202 - Electrical and Instrumentation Design The existing pump station electrical equipment is inadequate to provide service for the upgraded pumping facility. The electrical upgrade will require new variable frequency drives (VFDs), new motor control center, line reactors, and new standby generator. It is also anticipated that a new 600 amp service from Puget Sound Energy (PSE) will be required. Consultant Responsibilities: 1. Develop the electrical plans and specifications for the pump station upgrade. It is assumed that the following drawings will be developed: 1 Electrical Symbols, Legend & Abbreviations City of Bremerton 3 Pump Station CW-I Engineering Design Services 1 Electrical One Line Diagram 1 Electrical Power Plan 2 Electrical Control Diagrams 2 Electrical Details 1 Instrumentation Legend and Abbreviations 1 Process and Instrumentation Diagram (P&ID) - Surge tank, standby engine generator, and ventilation 1 Process and Instrumentation Diagram (P&ID) - Pumps and VFDs 1 Instrumentation Details 11 - Estimated Electrical and Instrumentation Drawings 2. Develop technical specifications based HDR standard specifications in the Construction Specification Institute (CSI) format. This will include CSI Division 16 Electrical Specifications for electrical equipment including a new standby generator. 3. Develop a basis of design memorandum that will summarize the key design assumptions used for the design of the pump station. This will include the equipment load summary, operational assumptions used as the basis for generator sizing, and other design assumptions. This memo will be a maximum of two pages. 4. At the 90 percent design phase, construction drawings and specifications will be submitted for review. This level of design includes a final pump station details, all manholes and structures located, details of structures, and complete specifications. Construction staging and sequencing will be included. 5. At the 90 percent review the remaining work will include design of minor changes to the details and minor incidental work items required of the construction contractor along the pipeline route. 6. An engineer's cost estimate will be prepared based upon the 90 percent design drawings and special provisions. 7. Answer questions from prospective bidders regarding the contract documents. 8. Prepare and issue addenda during the bid process. City Responsibilities: 1. City to provide existing instrumentation drawings for 2004 control panel modifications. 2. City will design new in line flow monitoring equipment. Assumptions: 1. One site visit by the electrical engineer will be required. 2. The existing lighting within the pump station will remain. 3. The existing pump station control panel, control equipment, and SCADA system will remain in place. Existing control equipment includes wet well level sensing check valve limit switches. 4. The fuel tank for a new standby generator will be incorporated into the base of the generator. The fuel storage will provide 24 hour standby generator operation. u City of Bremerton 4 Pump Station CW-l Engineering Design Services 5. Design review submittals (90 percent) will be submitted electronically. The drawings will be submitted in a PDF format. Specifications will be submitted in Microsoft Word format. 6. Written responses to client review comments will not be required. Work Products: 1. Basis of design memorandum. 2. Ninety (90) percent design drawings and specifications 3. One set of final design drawings and specifications stamped by the engineer. 4. Electronic drawing files in AutoCAD format and Adobe PDF format. 5. Specifications in Microsoft Word. Task 203 - Structural Analysis and Design Consultant Responsibilities: 1. Evaluate structural adequacy of the existing facility to accommodate the new standby generator with an integral fuel tank. It is assumed that structural improvements will not be required to support the new generator. Design of structural improvements is not included. 2. Evaluate the structural impact of increasing the size of louvers as required for the new generator. It is assumed that structural modifications to the building will not be required as a result of increasing the louver size. City Responsibilities: 1. Provide as-built drawings of the existing pump station. Assumptions: 1. Structural modifications to the building will not be required as a result of increasing the wall penetration for the louvers. 2. Aside from increasing the size of the openings for new louvers, no other architectural modifications will be made. 3. No changes will be made to the structure to facilitate removal of pumps or other equipment. 4. Written responses to client review comments will not be required. Work Products: 1. Technical memorandum summarizing evaluation of existing structural adequacy. 2. One design drawing if required for structural improvements to the pump station. Task 204 - Mechanical Design With new VFDs and pumping equipment the ventilation requirements of the pump station will change and require replacement of the HV AC system. Consultant Responsibilities: 1. Develop a basis of design memorandum summarizing the design criteria for the mechanical design elements. This memo will summarize the ventilation requirements, sizes of proposed ventilation equipment, and other design criteria. City of Bremerton 5 Pump Station CW-I Engineering Design Services 2. Prepare HV AC drawings. A preliminary list is as follows: 1 Mechanical Room and Roof Plan 1 Mechanical Details 2 - Estimated Mechanical Drawings 3. Prepare Division 11 and 15 specifications. A preliminary list of specifications is as follows: 10200 - Louvers and Vents 15605 - HV AC Equipment 15890 - HV AC Ductwork 15970 - Instrumentation and Controls for HV AC Systems 15990 - HV AC Systems Testing and Balancing 4. Provide input into the Engineer's cost estimate 5. Prepare control loop descriptions for HV AC equipment. 6. Provide written responses to client review comments. 7. Determine if generator silencer can be placed on the roof. City Responsibilities: 1. City will provide AutoCAD drawings of the existing pump station. Drawings will include plan views and section views. Assumptions: 1. There is no existing below ground fuel oil storage tank. 2. There are no City noise control ordinances for standby generators. Aside from exhaust mufflers, no noise control features will be incorporated into the design of the engine generator. 3. Written responses to client review comments will not be required. 4. Ventilation of the wet well will not be included. 5. There will be not mechanical plumbing design. Work Products: 1. Basis of design memorandum. 2. Ninety (90) percent design drawings and specifications 3. One set of final design drawings and specifications stamped by the engineer. 4. Electronic drawing files in AutoCAD format and Adobe PDF format. 5. Specifications in Microsoft Word. Task 205 - Pumping Station Design Review Consultant Responsibilities: 1. Review City pump selection and pump specifications. City Responsibilities: 1. Provide design calculations and proposed pump specification. Assumptions: 1. None. City of Bremerton 6 Pump Station CWo] Engineering Design Services Work Products: 1. Up to a two page memorandum discussing the review comments of the pumping system design. Task 206 - Bidding and Construction Assistance Consultant Responsibilities: 1. Upon request by the City, answer specific technical questions from prospective bidders regarding the contract documents. 2. Assist the City in preparation of addenda items during the bid process. 3. Provide engineering support during construction within the allotted hours in the budget. 4. Review Division 16 shop drawing submittals and the submittals directly related to specifications and design provided by HDR. City Responsibilities: 1. The City will advertise, evaluate, and award the contract. 2. The City will administer all aspects of the construction contract including coordination with owners of other utilities that must be relocated prior to construction. 3. Prepare and distribute addenda to plan holders Assumptions: 1. No field visits will be required during bidding or construction. 2. A total of36 hours ofHDR staff time have been included in the budget for assistance during bidding and construction. Work Products: 1. Telephone records or other documentation of bidding questions answered during the bidding phase. 2. Shop drawing review comments. SERIES 300 TASKS - ADDITIONAL SERVICES Consultant Responsibilities: 1. Prepare cost proposals for additional services requested by the City. 2. Provide assistance as requested by the City. City Responsibilities: 1. Request assistance and document request in writing. E-mail is considered suitable for authorization. Assumptions: 1. An allowance has been included in the project budget for additional services as requested by the City. Funds will not be expended from this task budget without prior written authorization from the City. City of Bremerton 7 Pump Station CW-l Engineering Design Services Work Products: 1. Work products will be determined at the time services are requested by the City. City of Bremerton 8 Pump Station CW-J Engineering Design Services EXHIBIT B - COMPENSATION Compensation for ENGINEER'S services under this Agreement shall be on the basis of an hourly rate equal to Direct Labor Cost times a multiplier of 3.2 to be paid as total compensation for each hour an employee works on the project, plus Reimbursable Expense with a maximum not to exceed the total amount in Table B-1. This table provides an estimate of the cost per task as described in Attachment A. The Engineer may adjust the distribution of compensation between individual tasks of the work noted herein to be consistent with services actually rendered, but shall not exceed the total estimated compensation amount unless approved in writing by the Owner. The amount of any sales tax, excise tax, value added tax (V AT), or gross receipts tax that may be imposed on this Agreement shall be added to the ENGINEER'S compensation as Reimbursable Expenses. Compensation terms are defined as follows: Direct Labor Cost shall mean salaries and wages, (basic and overtime) paid to all personnel engaged directly on the Project. Reimbursable Expense shall mean the actual expenses incurred directly or indirectly in connection with the Project for transportation travel, subconsultants, subcontractors, computer usage, telephone, telex, shipping and express, and other incurred expense. ENGINEER will add ten percent (10%) to invoices received by ENGINEER from sub- consultants and subcontractors. Charges for typical reimbursable expenses incurred by the consultant will be at the following rates. Miscellaneous: Postage at cost Travel: Current IRS rate for business use of an automobile Other travel expenses at cost Copying: Standard at 10 cents per page Computer/Software Charge: $4.10 per labor hour Phone: At cost Fax: 75 cents per page for outgoing faxes No charge for incoming faxes City of Bremerton 9 Pump Station CW-l Engineering Design Services i I The approximate distribution of costs with respect the tasks are as follows. Table B-1. Task Breakdown of Project Budget Task Descripton Estimated Cost 101 Project Management, Coordination and Meetings $15,800 201 Surge Analysis and Control Design $13,000 202 Electrical and Instrumentation Design $41,100 203 Structural Analysis and Design $ 3,000 204 Mechanical Design $21,400 205 Pumping System Design Review $1,700 206 Bidding and Construction Assistance $6,000 300 Additional Services (See Note) $10,000 TOTAL CONTRACT AMOUNT $112,000 Note: No charges will be made to task 300 without prior written approval. Email will suffice as written authorization. City of Bremerton 10 Pump Station CWo] Engineering Design Services EXHIBIT C - SCHEDULE Notice to Proceed March 17, 2005 Basis of Design Memorandums April 8, 2005 Ninety (90) Percent Design Submittal May 6, 2005 Ninety (90) Percent Design Submittal Comments from City May 20, 2005 Final Design Drawings and Specifications June 16,2005 City of Bremerton 11 Pump Station CWo] Engineering Design Services I