Loading...
HomeMy WebLinkAbout4301 +--------------------------------------------------------------------------+ ~Browse: Next Previous First Last Update Delete Restart X - Exit ~ ..Retrieve the Next record -. . .Found: 1 Record (s) MAINTAIN Contract Transactions i" -- Contract Number 4301 ~ : .Vendor Name : 'Subj ect =rDepartment =+=status Code ~ =+= =+= =1= Comments + HERRERA ENVIRONMENTAL CONSULTANTS RESERVOIR MONITORING ASSISTANCE - UNION RIVER WATER RESOURCES PRO -.- =+= $18965.00 .1. 08/15/2002 -- 08/14/2003 -- 02/15/2005 ~ Insurance Type Amount GL $2000000.00 AL $1000000.00 E&O $2000000.00 Amount Begin Date End Date Review Date Insurance Total Insurance Review Date $5000000.00 t 05/01/2006 4: =1= VAULT 01/01/2005 -.- +--------------------------------------------------------------------------+ +~-------------------------------------------------------------------------+ +Browse: Next Previous First Last Update Delete Restart X - Exit + +Retrieve the Next record + +Found: 10 Recordls) MAINTAIN Contract Transactions + + Contract Number 4301 + + + + + + $18965.00 + 08/15/2002 + 08/14/2003 + 07/01/2003 + + + + $5000000.00 + 05/01/2003 + + + + + +--------------------------------------------------------------------------+ + +Vendor Name +Subject +Department +Status Code + + + + + + + + + + + Comments + + HERRERA ENVIRONMENTAL CONSULTANTS RESERVOIR MONITORING ASSISTANCE - UNION RIVER WATER RESOURCES PRO Insurance Type Amount GL $2000000.00 AL $1000000.00 E&O $2000000.00 Amount Begin Date End Date Review Date Insurance Total Insurance Review Date PROFESSIONAL SERVICES AGREEMENT Union River Reservoir Monitoring Assistance The City of Bremerton ("City") and Herrara Environmental Consultants ("Contractor"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Contractor agrees to perform the services more specifically described in the Scope of Work, dated August 15, 2002, including any addenda thereto as of the effective date of this Agreement, attached hereto as Exhibit A, which is incorporated herein by this reference as if fully set forth. The Scope of Work may be modified only pursuant to Section VII.H. of this Agreement. If the Scope of Work provides for unspecified additional services the City may request that such services shall only be performed upon the express written request of the City. Contractor further represents that the services fi,u'nished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. IL Term: The City and the Contractor agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed within 365 calendar days of the execution of this Agreement; provided however, that additional time shall be granted by the City for excusable delays or extra work. Ill. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Contractor in an amount not to exceed $18,965. Contractor's charges and bills shall conform to the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. The Contractor shall submit regular billing statements describing services rendered and the amount charged for each service. 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. PROVIDED, HOWEVER, the City reserves the right to direct the Contractor's compensated services under the time frame set forth in Section H herein before reaching the maximum amount. The Contractor's bill rates shall be as delineated in Exhibit B. Contractor 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 the attached fee schedule. 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 Contractor of its obligations under this Agreement. Bremerton/Herrera Union River Reservoir Monitoring Page 1 of 6 IV. Relationship of Parties: Contractor is skilled in the matters addressed in the Scope of Work and is performing independent i~anctions and responsibilities within its field of expertise. Contractor and its personnel are independent contractors and not employees of the City. Contractor and its personnel have no authority to bind the City otto control the City's employees and other contractors. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-contractors of the Contractor. Contractor will be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, representatives and sub-contractors during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. As an independent contractor, Contractor 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 Contractor or its personnel. As an independent contractor, Contractor 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 Contractor. V. Indemnification: Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless fi'om any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indenmification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. Bremenonftterrera Union River Reservoir Monitoring Page 2 of 6 VL Insurance: The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, mb-consultants or mb-contractors. Before beginning work on the project described in this Agreement, the Contractor shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General I~i#l/ility insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional LiabiliBt insurance with limits no less than $1,000,000 limit per occurrence. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which shall be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies. The Contractor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability~ The Contractor's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: Bremerton/Herrera Union River Reservoir Monitoring Page 3 of 6 A. Reports and Information: When requested by the City, Comractor 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. Contractor 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: Original documents, drawings, designs and reports developed under this Agreement shall belong to and become the property of the City. All written information submitted by the City to the Contractor in connection with the services performed by the Contractor under this Agreement will be safeguarded by the Contractor to at least the same extent as the Contractor safeguards like information relating to its own business. If such information is publicly available or is already in Contractor's possession or known to it, or is rightfully obtained by the Contractor fi.om third parties, Contractor shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Contractor under this Agreement may be stored at Contractor's office in Seattle, Washington. Contractor shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose 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. Any use or reuse of the documents, data and files created by Contractor for the City on this project by anyone other than Contractor on any other project shall be without liability or legal exposure to Contractor. C. Contractor to Maintain Records to Sup_m>R Indevendent Contractor St~,s: On the effective date of this Agreement (or shortly thereafter), Consultant shall: 1. File a schedule of expenses with the Internal Revenue Service for the type of business Consultant conducts; 2. Establish an account with the Washington State Department of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to receive a unified business identifier number from the State of Washington; and 3. Maintain a separate set of books and records that reflect ail items of income and expenses of Consultant's business, all as described in the Revised Code of Washington (RCW) Section 51.08.195, as required to show that the services performed by Consultant under this Agreement shall not give rise to an employer- employee relationship between the parties which is subject to RCW Title 51, Industrial Insurance. D. Work Performed at Contractor's Risk: Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the work hereunder and shall utilize all protection necessary for that purpose. Bremerton/Herrera Union River Reservoir Monitoring Page 4 of 6 All work shall be done at Contractor's own risk, and Contractor shah oe responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Contractor shall perform the work authorized under this Agreement at its offices in Seattle, Washington or in the field in Bremerton, as appropriate. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices at 3027 Olympus Drive, Bremerton, Washington, or at locations mutually agreed upon by the parties. F. 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. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification; This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this A4~reement shall be sent to the parties at the addresses listed below, unless notified to the contrary. Any written notice hereunder shall become effective upon the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Contractor Address 3027 Olympus Drive 2200 Sixth Avenue Bremerton, WA 98310 Seattle, WA 98121 J. 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. K. Non-W~iver of Bre~ch: 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 conferred 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. Compliance with Laws: Contractor shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. 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. BremertordHerrera Union River Reservoir Monitoring Page 5 of 6 N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. VIIi Nondiseriminatinn: Contractor 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. IV. Termination: This Asreement may be terminated, at will, by either Party upon 30 days' notice to the other Party. This Agreement may be immediately terminated for cause by a 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 temination the City will be entitled to reports showing the status of all items listed in the Scope of Work current through the termination date. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Contractor to the effective date of termination, as described in a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Contractor was contracted to perform shall be without liability or legal exposure to the Contractor.  CO~CTOR its: !9~rd~t~j~- Bremerton/Herrera Union River Reservoir Monitoring Page 6 of 6 EXHIBIT A SCOPE OF WORK UNION RIVER RESERVOIR ALGAE AND WATER QUALITY MONITORING BACKGROUND The City of Bremerton operates an 8 MGD drinking water system utilizing an unfiltered surface water supply source and 12 wells. The surface supply is the Union River Reservoir, impounded by Casad Dam. When full, the reservoir holds 1.4 billion gallons. The City regularly monitors for turbidity (on-line), nutrients, microbiology, and temperature and performs some algae monitoring. The lake is oligotrophic and stratifies fi.om early summer until late fall. TASK I Review Current Algae Problem Filamentous periphyton algae have caused a maintenance nuisance in the concrete intake basins since their installation in 1991. However, for the first time, this algae is causing a nuisance in the distribution system, mainly on washing machine screens and in-line filters. It is not causing taste or odor problems. The most probable reason for this appears to be Reservoir 4 being off- line resulting in treated but unsettled water to enter the two low zones in the distribution system. Other factors (last year's drought, weather, road work, January storm) may also be contributing to the problem. Questions the City would like Hen'era to answer are: · What is the algae? (It has been identified in the lab as Microspora) · Why is it in the distribution system? · How should we track the growth of the algae in the stream bed? · What can City water operations do to control its growth to not cause a nuisance? Deliverable: Technical memorandum answering the above questions TASK 2 Review and Reeommend Changes to Reservoir Monitoring Program Bremerton is fortunate to have a low nutrient, oligotrophic reservoir with no apparent taste and odor issues in the distribution system. It is a warm monomictic lake. The City has a reservoir monitoring program for turbidity, nutrients, TOC, fecal and total coliform, Cryptosporidium/Giardia, temperature profiling, and some algae monitoring. A microscope has been purchased so that we can do our own algae quantification/identification. The City has a small lab and can perform limited testing in-house. The City would like a monitoring program appropriate for tracking changes in the reservoir, alerting staffto potential negative changes, assisting in selecting intake levels fi.om the dam, and meeting regulatory requirements. Tasks the City would like Herrera to perform are: · Visit Union River Reservoir and meet with Water Resources personnel. · Review existing data and reservoir monitoring plan. All data is stored in an Access data base and can be presented in spreadsheet and graphical form in any way preferred by Herrera. Bremerton/Herrera Union River Reservoir Monitoring Scope of Work Page 1 of 2 · Recommend changes to monitoring program, with emphasis on algae monitoring and analysis. Recommend preferred methods and equipment. Assist set up of microscopic algae technique. · Identify what are the critical evaluation criteria for the algae monitoring. What trends and levels are expected? What changes are important to pay attention to? · Provide criteria for alert or action. · Assist with easy evaluation and comparison of algae and other data. Provide a better way to track and store temperature profile data. Deliverables: Modified monitoring program including algae identification, evaluation criteria, and better temperature profiling tracking. Training as needed for algae monitoring. TASK 3 Provide Criteria for Gate Selection Bremerton can withdraw water from three different levels of the reservoir - either individually or in combination - of elevations 600', 560', and 522'. Generally, the middle gate (560') has been used. Most of the time this gate is above the thermocline; however, when the thermocline gets close to the open gate, turbidity increases. Also, in the late summer, there is usually a spike in total coliform density fi.om an average of about 30 - 50/100 ml to over 1000/100mi. Fecal coliform density stays the same through this period with more than 90% of the samples having fecal coliform <20/100 mi. We have done temperature monitoring downstream to evaluate City's discharge impact on downstream temperature and appear to be in compliance with current/proposed Water Quality Standards. · What criteria should we use to select gate operation? · When lake is stratified, does the epilimnion or hypolimnion give us the better water quality? · What are the expected ramifications of changing gates? · If we use the colder water, will we exacerbate the in-stream algae problem? Deliverables: Operating procedure for gate selection. One 2-hour training session for all Water Resources personnel on general Union River limnology and use of gate selection criteria. TASK 4 Other Assistance Other technical assistance as required but only as authorized by the City in writing. Bremerton/Herrera Union River Reservoir Monitoring Scope of Work Page 2 of 2 oo o o