HomeMy WebLinkAbout5596 ��� ���
AGENDA BILL ��
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Amendment No. 1 to the Study Session Date: October 26, 2016
Professional Services Agreement with AES COUNCIL MEETING Date: November 2, 2016
Consulfants for Outfall Surveys to meet Department: PW&UNUWTP
Department of Natural Resources Permit Presenter: Pat Coxon
Renewal Requirements Phone: 360-473-5448
SUNIMARY: The current DNR (Department of Natural Resources) permits for the Eastside Plant and
Overflow— 12 are due to expire, and they need to be renewed.
We currently have AES Consultants under contract performing outFall surveys on three of our other
outfall sites(WSTP, OF-7 a/b & OF-13), and they were able to provide a reduced proposal for the
two new outFall site surveys at a cost of 14 700.
ATTACHIViENTS: 1)Amendment 1 to the Professional Senrices Agreement with AES Consultants;
2) Current PSA with AES Consultants 3) Exhibit A
FISCAL IMPACTS (Include Budgeted Amount): The additional outfall survey work is budgeted �
through the Wastewater Operations budget of$225,000.
STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation
STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve Amendment No. 1 in the amount of 14 700 for the survey of finro additional outfalls
with AES Consultants; and authorize the Mayor to finalize and approve the amendment with
substantially the same terms and conditions as presented.
COUNCIL ACTIOfd: [�Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/07/15
PROFESSIONAL SERVICES AGREEMENT
Outfall Surveys—Westside WWTP, OF-7a/b & OF-13
Amendment#1
The Professional Services Agreement between the City of Bremerton ("City") and AES
Consultants, Inc. ("Consultant"), dated July 23"�, 2016, is hereby amended as follows:
I. Scope: Two additional outfalls have been added: Eastside Treatment Plant & OF-12
(end of Ohio St.).
II. Term: The tenn for completion is December 31, 2016. �
III. Compensation: Compensation has been increased by $14,700 for a total of$43,600.
CITY OF BREMERTON CO SULTANT
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By: ' Prz: : ��� C�F�P�,�-�v
its: G�,t�o� its: PRr��-CT ���1-,�'2
Date: �l�dZ —ZO/6 Date: 101���1�
Ap roved as to form: At est: _
� Br merton ' orney City Clerk
R:\Legal\Legal'�,Contracts�.FORMS\Professional Serviccs Agreement Form(2016).doc
Bremerton/AES Consultants, Inc.
Outfall Survevs—WSTP, OF7a/b & OF 13 Rev 02-16
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AGENDA BILL � �
CITY OF BREMERTON
CITY C4UNCIL
SUBJECT: Contract with AES Study Session Date: Julv 13,2016
Consultants, Inc:for Outfall Sunreys to COUNCIL MEETING Date: July 24,2016
Meet Department of Natural Resources Department: PWSUNVWTP
(DNR)Permit Renewal Requirements Presenter: Pat Coxon
Phone: 360-473-5448
SUMMARY: The current DNR(Department of Platural Resources)permits for the Westside WWTP,
Outfall-7a/b and Outfall-13 have expired and need to be renewed.The requirements of DNR for
renewal is that each site needs to have a current survey completed for each outfail.
Utilizing the MRSC(small wo�lcs roster)site, I sent out a request for proposals to seven localized
survey companies.Of the seven requests,we received six proposals. The proposals ranged from a
low of$18,000 to a high of$72,480,for completion of the surveys at all three outfall sites.
Upon review of all of the submitted proposals,we have selected AES Consultants Inc.from
Silverdale to perform the survey work.This selection was based on AES's familiarity with the City of
Bremerton's system and past survey work that they have performed for Cit�l projects.
AES Consultants Inc. proposed cost for all three outfall sites is S28_900.
ATTACHMENTS: 1)Contract;2)Exhibit A to Contract-Scope of Work;3)Exhibit B to Contract-
DNR Requirements;4)Tabulation sheet; 5)AES Consultants Inc. proposal
FISCAL IMPACTS(Include Budgeted Amount):The outfatl sunrey work is budgeted through the
Wastewater Operations budget of$225,000.
STUDY SESSION AGENDA: m No Presentation ❑ Full Presentation
STUDY SESSION ACTION: �ConsentAgenda ❑General Business O Public Hearing
RECOMMENDED MOTION: Move to approve the survey proposal firom AES Consultants Inc. in the
amount of�QQ,and authorize the Mayor to finalize and execute the agreement with substantially
the same terms and conditions as presented. •
COUNCIL ACTION: []�Approve ❑ Deny ❑Table ❑ CoMinue ❑No Action
Fortn Updabad 01/07N5
0
PROFESSIONAL, SERVICES AGREEIi�EI�T'
Outfall Surveys—Westside WWTP, OF-7a/b & OF-13
The City of Bremerton ("City") a�id AES Consultants Inc. ("Consultant"), referred to
collectively as the "Parties,"enter into the following Ab eement for professional services:
I. Scope: The Consultant ajrees to perform the services more specifically described in the
Scope of Worlc and strictly adhere to the State of WA Department of Nattiral Resources (DNR)
stu-vey requirements including any attachments thereto. The Scope of Work and DNR
requirements are attached hereto, as E�:hibits A and B respectively, and are incoiporated by
reference herein. The Scope of Worlc may be modified only pursuant to Section VII.H of this
Agreement. If the Scope of Worlc provides for unspecified additional services such services
shal] only be pei-formed upon the express written request of the City. Consulta.nt fiu-ther
represents that the services furnished tuider this Agreement will be performed in accordance �n�ith
generally accepted professional practices in effect at the time such services are pei-formed.
II. 'd'erm: The City and the Consultant a�•ee that worlc will begin on the taslcs described in
Exhibit A immediately upon e�ecution of this A�reement. The parties agree that the work
described in E�hibit A is to be completed prior to Deceinber 31, 2016; provided however, that
additional time shall be granted by the City for excusable delays or extra work as provided for in
Section IX.A of this ab eement.
III. Compensation: In consideration of the services provided pursuant to this Abreement, the
City shall pay Consultant in an amount not to eaceed $28,900.00.
The Consultant shall subniit re?ular billing statements detailin� worlc performed and
a�nount charged on each task or portion thereo£ The descriptions shall conform to and fall
witlun the catejories set out in the Scope of Worlc and/or Fee Schedule. Upon receipt of a
conformin� billinb statement, the City shall promptly process payment. PROVIDED,
HOV�'EVER, the City reserves the right to prioritize scoped worlc and accelei•ate and/or delay
worl:tasks under the time frame set forth in Section II herein.
Consultant shall not perforni work beyond the Scope of Worlc, nor shall be compensated
for such work, unless the Scope of Worlc or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional seivices if requested pursuant
to Section I.
If a billing statement does not conform to this Aareement, the City may �vithhold
payinent �uitil the statement is brought into compliance. Such withholding does not relieve
Consultant of its obligations under this Agreement.
IV. Relationship of Parties: Consultant represents that it is slcilled in the matters addressed
in the Scope of Work and is performing independent fiuictions and responsibilities within its
field of expei-tise. 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 conn•ol the
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City's employees and other Gonsultants. None of the benefits provided by the City to its
employees, including, but not limited to, compensation, insurance, and unemployment insurance
are available from tlie City• to the employees, agents, representatives, or sub-Consultants of the
Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of
Consultant's agents, employees, representatives and sub-Consultants during the perfonnance of
tliis Agreement. The City inay, during the term of this Agreement, engage other independent
Consultants to perform the same or similar worl:.
As an independent Consultant, Consultant is responsible for its own management. The
City's administratioil and enforcement of this Ab•eement 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
licensin� fees necessa.ry to perform its obligations under this Agreement. These taxes and fees
include but a�•e not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the Cit�� have been
declared delinquent, the City tnay withhold the delinquent amottnt, plus any additional charbes
arising fi•om the delinquency, from any payments due Consultant.
V. Indemnification:
A. Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damabes, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the
perfoimance of this A�eement except for that portioii of the injuries and damages caused by the
City's sole negligence, unless Consultant is conductinD worlc pursuant to Subsection B below.
The City's review or acceptance of any of the work when completed shall not be grotulds
to avoid any of these covena.nts of indemnification.
B. Architects. Enaineers and Anv Other Professional Listed In and Performin�
Sei-vices Defined in RCW 4.24.115. Should a court of competent ji.u-isdiction detei�nine that
Consultant's seivices provided pursuant to this Ab eement is subject to RCW 4.24.11�, then, in
the event of liability for damages arising out of bodily injury to persons or dama�es to property
caused by or resulting from the concunent negli�ence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's liabilit}� hereunder shall be only to
the e�:tent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S
WANER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW. SOLELY
FOR THE PURPOSES OF THIS INDENINIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT TH.EY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this A�•eement.
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VI. lnsurance: The Consultant shall proci.u-e and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to�roperty which may arise from or in
connection with the perfoimance of the work hereunder by the Consultant, its agents,
representatives, einployees, sub-consultants or sub-Consultants.
Before beginnin; work on the project described in this A�reement, the Consultant shall
provide a Certificate of Insurance evidencin�:
1. Automobile L,iabilatv insi.uance with limits no less than $1,000,000 combined single
limit per accident for bodily injuiy and property damage; and
2. Commercial General L,iabilitv insurance written on an occuizence basis with limits no
� less than $1,000,000 combined single limit per occuirence and �eneral abgrebate� for
�a personal injury, bodily injury and property damage. Coveraje shall include but not be
liinited to: blanket contractual; products/completed operations/broad form property
damage; explosion, collapse and underaround (XCU) if applicable; and
3. Excess L,iabilitv insurance �vith limits not less than 1,000,000 limit per occun•ence and
agoregate.
4. Professional Liabilitv instuance with limits no less than $1,000,000 limit per
occuirence/claiin.
5. i�Vorkers Comnensation insurance as statutorily required by the Industrial Insurance Act
of the State of Washina on, Title 51, Revised Code of Washin�ton and employer's
liability with liinits not less than$1,000,000.
Any payment of deductible or self insw-ed retention shall be the sole responsibility of the
Consultant.
All required policies shall be provided on an "occun•ence'' basis eacept professional
liability insurance (if required),which may be provided on a"claims-made"basis.
The City shall be named as an additional insi.ued 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 City, which names the City as an additional insured shall be
attached to the Certificate of Insluance. The City reserves the ri�ht to receive a certified copy of
all the required inst�rance policies and endorsements. The City fiu-ther reseives the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insLuance 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 Coiisultant's insurance shall be pi-imary and non-contributory insurance as respects
the City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and oblijations to which coverage applies. It shall be an affirmative
obligation upon Consultant to advise the City's Rislc Manager by fax at (360) 473-5161, or by
certified mail, retuin receipt requested to City of Bremerton, attn: Risk Management, 345 6t�'
Street, Suite 600, Bremerton, WA 98337 witlun two days of the cancellation, suspension or
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substantive change of any insurance policy set out herein, and failure to do so shal] be const�ued
to be a breach of this A�reement.
The Gity also reserves its unqualified rijht to require at a�1y time and for any reason,
proof of coverage in the foi-m of a duplicate of the instuance policy with all endorsements as
evidence of coverage.
VId. General Conditions:
A. Reports and Information: VJhen requested by the City, Consultant shall fuinish
periodic reports and docuinents on matters covered by this Agreement. The reports and
documents shall be fiu7iished in the time and form reqt►ested. Coiisultant shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to "
substantiate all billed amounts.
B. Ownership and Use of Records and Documents: Oriainal documents, drawings,
designs and reports, including those in electronic format, developed under this A�reement are the
property of the Cit}�. All written infoimation submitted by the City to the Consultant in
connection with the services performed by the Consultant under this Agreement will be
safeguarded by the Consultant to at least the same extent as the Consultant safejuards lilce
infoimation relating to its own business. If such infoimation is publicly available or is already in
Consultant's possession or lcnown to it, or is rijhtfully obtained by the Consultant fi-oin third
parties, Consultant shall bear no responsibility for its discloswre, iiiadvertent or otherwise.
All data, documeizts and files created by Consultant under this Agreement may be stored
at Consultant's office in Silverdale, Washin�on. Consultaut shall inalce such data, documents,
and files available to the City upon its request at all reasonable times for the p�upose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the
City upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or fiirnished by Consultant pursuant to this Aa eement, are instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City's sole rislc.
C. Use of Photo�phs and ImaQes. Consultant shall not use or distribute
pliotobraphs or images depicting City officials, personnel, property, or equipment whether
prepared by Consultant or provided by Cit�� without prior written consent of the City. The City
will not unreasonably withhold its consent.
D. Work Perfoimed at Corisultant's Rislc: Consultant shall talce all precautions
necessary and shall be responsible for the safety of its employees, a�ents, and sub-consultants in
the performance of the worlc hereunder and shall utilize all protection necessary for that putpose.
All worlc shall be done at Coiisultant's own risk, and Consultant shalI be responsible for any loss
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of or damage to materials, tools, or other a�-ticles used or held for use in connection with the
worlc.
E. Place of Work: The Consultant shall perfoim the work authoi•ized under this
Agreement at its offices in Silverdale, Washington. Meetin�s with the City staff as described in
Exhibit A, Scope of Work, shall talce place at the City's offices, or at locations mutually agreed
upon by the parties.
F. Entire A�reement: This Ab eement and its Eahibits constitutes the entire
agreement between the Parties, and the Parties acknowledje that there are no other agreements,
written or oral, that have not been set forth in the te�t of this Agreement.
G. Severabilitv: Should any paL-t of this Agreeinent be found void, the balance of the
Agreement shall remain in fiill force and effect.
H. Modification: This Aa•eement inay only be modified by written instrument signed
by both Parties.
I. Written Notices: Al] communications re�ardina this 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 this
A;reement or such otller address as may be hereafter specified in writin�.
City Address Consultant Address
Pat Coaon, WW MGR Gaiy Chapman, PLS
1600 Oyster Bay Ave. S PO Box 930; 3472 NW Lowell
Bremerton, WA 98312 Silverdale, WA 98383
J. Waiver: Failure to enforce any provision of this Aa eement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this A�reement shall not be
deemed waiver of any other right or power.
IC. Non-Waiver of Breach: The failure of the City to insist upon strict performance
of any of the covenants and agreements contained herein, or to exercise any option herein
confened in one or more instances shall not be construed to be a waiver or relinquishment of
said covenants, agreements or options, and the same shall be and remain in full force and effect.
L. Coinpliance with Laws: Consulta.nt shall comply with all applicable Federal,
State, and local laws in performing its oblibations under this Ab eement.
M. Choice of Law and Venue: This Agreement shall be interpreted accordin� to the
laws of the State of Washington. Any judicial action to resolve disputes a.rising out of this
Agreement shall be brought in Kitsap County Superior Court.
N. Attornevs' Fees: In the event of litijation to enforce any of the tei7ns or
provisions herein, each party shall pay all its ovv�i costs and attorney's fees.
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O. .�ssi�mnent: Any assignment of this aareeinent by the Contractor without the
written consent of the City shall be void.
VdII. Nondiscrimination: Consultant shall not discriminate in employment or services to the
public on the basis of race, color, national oribin, sex, religion. age, marital status, disability, or
sexual orientation except for employment actions based on bona fide occupational qualif cation.
IX. �'ermination: This Agreement shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
for convenience. This Agreement may be immediate(y terminated for cause by a Party if the
- other Pa�-ty substantially fails to perform tlu-oubh no fault of the tei-minating Party, and the non-
. performing Party does not cominence conection of the failure of performance within thirty (30)
days of tlie terminating Pa.rty's sending notice to the non-perfoizning Party. Any Notice by
Consultant shall include a report showing the status of all items listed in tl�e Scope of Work
cun•ent tlu•ough the termination date.
If the City receives reimbursement by any federal, state, or other sotu•ce for worlc described in
Section I herein, and that fiinding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completioiz of the work,the City may summarily terininate this Agreement.
A. Excusable Delavs: The right of Consultant to proceed shall not be termiiiated nor
shall Consultant be charjed with liquidated damages for any dela}�s in the completion of the
work due to: ]) any acts of the federal government in controlling, restrictin;, or rec�uisitioning
materials, equipment, tools. or labor by reason of war, national defense, or other national
emerbency; 2) any acts of the City, its consultants, or other public agencies causing 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 without the fault or nealigence of the Gonsultvit,
includin;, but not restricted to, acts of God, fires, floods, strilces, or weather of unusual severity.
PROVIDED, HOWEVER, that the Consultant must promptly notify the City witlun ten (10)
calendar days in writing of the cause of the delay. If, on the basis of the facts and the tenns of
this Aareement, the delay is properly excusable, the City shall, in v�niting, extend the time for
completing the work for a period of time commensurate with the period of excusable dela}�.
B. Riahts Upon Teimination: In the event of teimination,the Cit�� shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination,the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project urhich Consultant was contracted to
perfonn shall be without liability or lejal exposL�re to the Consultant.
X. Suspension & Deba�-ment. For contracts involving Federal funding, Consultant hereby
certifies, by si�nin�this agreement,tllat neither it nor its principals are presently deban•ed,
suspended,proposed for debarment, declared ineligible. or voluntarily excluded from
participatioil in this transaction by any Federal department or agency. Consultant shall provide
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immediate written notice to the City if at any time it leanis that it is or has become ineligible for
certification. Should Consultant enter into a covered transaction with another finn, Consultant
agrees by signing this agreement that it will verify that the firm witll whom it intends to do
business is not debarred, suspended, ineligible, excluded or disqualified.
CITY OF BREMERTON C NSULTANT
� �
Citv of • ierton� S Consultants Inc.
By: Mavor Pattv Lent By: Garv Ch�man. PLS
its: /j1� e� its: a�a,�i�i M�tK7v�F'£'2.
Date: (7 a3 .6 Date: ?/18/l6
Approved as to fonn: A st: ,
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Bremerton City Attoriiey City Clerlc
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