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HomeMy WebLinkAbout4324 +-------------------------------------~------------------------------------+ 9=Browse: Next Previous First Last Update Delete Restart X - Exit 9= 9=Retrieve the Next record 9=FOund: 1 Record(s) MAINTAIN Contract Number Contract Transactions 4324 9= 9= 9= : =Vendor Name :=Subject 9=Department ==Status Code ECONOMIC & ENGINEERING SERVICES WATER DIST SYSTEM OPTIMIZATION STRATEGY WATER RESOURCES PRO REVIEW 9= 9= 9= Insurance Type Amount GL $2000000.00 AL $1000000.00 E&O $1000000.00 Amount Begin Date End Date Review Date 9= $10800.00 t 12/01/2002 I 07/31/2003 02/15/2005 9= 9= Insurance Total Insurance Review Date $4000000.00 -- 04/01/2005 Comments VAULT 01/01/2005 9= 9= +--------------------------------------------------------------------------+ +--------------------------------------------------------------------------+ '"Browse: Next Previous First Last Update Delete Restart X - Exit '~etrieve the Next record '"Found: 1 Record(s) MAINTAIN Contract Number Contract Transactions 4324 : =Vendor Name '"Subj ect , "Department '"Status Code ECONOMIC & ENGINEERING SERVICES WATER DIST SYSTEM OPTIMIZATION STRATEGY REVIEW WATER RESOURCES PRO Insurance Type Amount GL $2000000.00 AL $1000000.00 E&O $1000000.00 Amount Begin Date End Date Review Date $10800.00 .. 12/01/2002 07/31/2003 .. 02/15/2005 .. Insurance Total Insurance Review Date $4000000.00 .. 12/01/2003 .. Comments VAULT 01/01/2005 + +--------------------------------------------------------------------------+ PROFESSIONAL SERVICES AGREEMENT City of Bremerton Water Distribution System Optimization Strategy Review OR/G/IV/il.. The City of Bremerton ("City") and Economic and Engineering Services, Inc. ("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 November 25, 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 vn.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 furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. 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 180 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 as provided for in section IX (A) of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Contractor in an amount not to exceed $10,800. 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 IT 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. Bremertonl[Contractor 1 [Proiect Name 1 Page 1 of 12 IV. Relationship of Parties: Contractor is skilled in the matters addressed in the Scope of Work and is performing independent functions 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 or to 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 from 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 indemnification. 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. 1T IS FURTHER SPECIFICAI.I.Y AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRLM~ INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF TI~S INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUAl ,I.Y NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. Bremerton/[Contractor] [Proiect Name] Page 2 of 12 VI. 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, sub-consultants or sub-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 Liability 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 Liability 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/[Contractor] [Proiect Name] Page 3 of 12 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 from 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 Bellevue, 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 Support Independent Contractor Status: 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 DeparLment 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 all 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 necessa~ 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/[Contractor] [Proiect Name] Page 4 of 12 All work shall be done at Contractor's own risk, and Contractor shall be 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 Bellevue, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's Public Works and Utilities offices at 3027 Olympus Drive and 100 Oyster Bay Road, 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 Agreement 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 Public Works and Utilities EES, Inc. 3027 Olympus Drive PO Box 1989 Bremerton, WA 98310 Bellevue, WA 98009-1989 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-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 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. Bremerton/[Contractor] [Project Name] Page 5 of 12 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. Nondiscrimination: 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. IX. Termination: This Agreement 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 falls 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. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding 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 completion of the work, the City may summarily terminate this Agreement. Termination shall be effective ten calendar days after Consultant's receipt of the written notice by certified mail. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, 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 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 negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity; and (4) negotiated and executed supplemental agreements between the City and Consultant for Consultant to perform extra work defined as tasks not included in the Scope of Work referenced as Exhibit A. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly 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 Upon Termination: In the event of termination, the City 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 which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. Upon termination the City will be entitled to reports showing the status of all items listed in the Scope of Work current through the termination date. Bremerton/[Contractor] [Project Name] Page 6 of 12 CITY OF BREMERTON CONTRACTOR its: its: ~3 . ~,'~. Approved as to form: By:. Bremerton/[Contractor] [Project Name] Page 7 of 12 Overview The objective of this project is to discover how Bremerton's operating, maintenance, monitoring, treatment, and other practices that can impact distribution system water quality differ from current industry best management practices and to provide a prioritized list of desirable practices in general. This review and potential upgrade is intended to help ensure continued compliance with existing and proposed Safe Drinking Water Act Regulations such as the Total Coliform Rule, Disinfection By-Product Rule, and the potential Distribution System Rule. The American Water Works Association Research Foundation (AwwaRF) is currently funding a project entitled Development of Distribution System Optimization Plans. Much of the information prepared for the AwwaRF project will be used to assess the City of Bremerton's practices. The approach to this Project is divided into the following technical tasks: · Task 1- Review Current Practices · Task 2- Compile and Develop Water Quality and Operating Goals · Task 3- Compare to Best Management Practices · Task 4- Prioritize Recommendations · Task 5- Prepare Summary Report · Task 6 - Debrief and Discussion with key Utility personnel Task 1--Review Current Practices Approach The purpose of the distribution system review is to determine the status of the various operating elements within the utility with the potential to affect drinking water quality. Interviews will be conducted with key staff from operations, maintenance, water quality, engineering, planning, field construction and repair, cross connection control, and/or other pertinent utility departments regarding current practices. The review will identify strong points as well as those that need to be improved to meet industry best management practices for maintaining distribution system water quality. Bremerton/[Contractor] [Project Name] Page 8 of 12 Deliverables · One to two-day site visit · Summary of current distribution-system water quality management and operating methods. Task 2--Develop Water Quality and Operating Goals Approach Existing distribution-system operating goals and policies that effect water quality will be identified with the help of examples from other cities. All appropriate existing operating parameters will be clarified, as necessary, and evaluated. A distinction will be made between compliance goals and internal operating goals, or guidelines (such as water quality thresholds that trigger city actions like flushing and reservoir turnover, and standards for releasing mains to service, etc.). Examples from other cities will also be used to facilitate the city's selection of appropriate new goals, if any. Results will be presented in a summary table to facilitate evaluation of current and potential new practices. Deliverable Table summarizing operating goals that effect or are related to water quality. Task 3--Compare to Best Management Practices This task will evaluate existing practices against comprehensive checklists and identify important gaps, and therefore general recommendations, if any. Approach The findings from Tasks 1 will be summarized in a series of checklists comparing Bremerton's distribution system practices to industry best management practices. Gaps or differences will be considered in light of the goals established in Task 2 to determine which are important to Bremerton. Information from numerous AwwaRF publications and AWWA standards and manuals will be used as the basis for these checklists. Checklists will be developed for a maximum of five areas, possibly including: · Engineering and Facilities Planning · Water Quality Control and Monitoring · Operations · Maintenance · Field Construction and Repair Bremerton/[Contractor] [Proiect Name] Page 9 of 12 Deliverables Summary of comparison and general recommendations in checklist format using the following descriptions of status: · Existing Practice Equals or Exceeds Industry BMP, · Needs Minor Strengthening, · Needs Major Strengthening, · No Existing Program or Similar Practice, or · Not Applicable to Bremerton System TaM( 4--Prioritize Recommendations Approach Identified needs and associated BMPs to strengthen the City's distribution system water quality program will be assigned appropriate levels of priority. The recommended priority level for each element will be based on: 1) its relative contribution toward enhancing and/or improving water quality conditions throughout the entire distribution system, and 2) its potential benefits for helping to preclude water quality degradation or contamination in localized areas of the distribution system. Deliverable A table summarizing recommended BMPs and showing the level of priority for each. 'rAEK ~--PREPARE SUMMARY REPORT Approach and Deliverable A report will be prepared that summarizes the activities and findings of the above tasks. Task 6 - Debrief and Discussion with Key Ut ility Personnel Approach Once surmnary report is delivered and staff has had an opportunity to review, EES will facilitate a meeting with key Utility personnel to describe the outcome of the evaluation, answer any questions, and facilitate a discussion on the next steps the Utility would like to take in implementing any of the recommendations. Bremerton/[Contractor] [Proiect Name] Page 10 of 12 Deliverable One 2 V2 hour meeting to be held at the Olympus Drive location. Bremerton/[Contractor] [Project Namel Page 11 of 12 The proposed project budget is provided in Table 1. It is anticipated that the project will take approximately one month to complete. 1 Review Current Practices $2,500 2 Compile and Develop Water Quality and Operating 1,500 Goals 3 Compare to Best Management Practices 3,000 4 Prioritize Recommendations 1,000 5 Prepare Summary Report $2,000 6 Facilitate meeting with Utility personnel $800 Total $10,800 Bremerton/[Contractorl [Project Name] Page 12 of 12