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HDR ENGINEERING INC
CONSULTANT - EB-6 PUMP
ENGINEERING
PRO
STATION DESIGN MODIFICATION
Amount $19991.00 +
Begin Date 08/06/2004 +
+ Insurance End Date 12/31/2004
+ Type Amount Review Date 02/15/2007
GL $2000000.00 +
AL $1000000.00 +
+ E&O $1000000.00 +
+ Insurance Total $4000000.00
+ Insurance Review Date 06/01/2005
+
Comments VAULT 01/01/2007 ","
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PROFESSIONAL SERVICES AGREEMENT
EB-6 PUMP STATION DESIGN MODIFICATION
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 December 31, 2004, 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 Nineteen Thousand Nine Hundred
Ninety One Dollars ($19,991.00). 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-2 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 Table B-1.
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 the attached Table B-1.
Bremer~on/HDR EB-6 Design Modification
Professional Services Agreement
Page 1 of 5
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
judgrnent 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 $1,000,000 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
failures to act of its personnel, subconsultants 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 EB-6 Design Modification
Professional Services Agreement
Page 2 of 5
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 of the
Agreement, if such injuries to persons or damage to property is due to the willful or negligent act
or omission of the Consultant, its subconsultants, 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, WA 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.
Bremerton/HDR EB-6 Design Modification
Professional Services Agreement
Page 3 of 5
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
Work current 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 fumished by Consultant pursuant to this
Agreement, 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 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 EB-6 Design Modification
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.
HD/~EN~IN~E~NG, INC. TY REMERTON
~p.l~~.E., date
--gr, ........... n~' xr:~-'O'~'~iA~"t Mayor
Departmental Approval
--ff~-Phil Williams, Director PW&U
Approved as to form:.
R~r Lubovich, City Attorney
P~fila~Yo-hh~tl rt~it'y' C 1 erk
Bremerton/HDR EB-6 Design Modification
Professional Services Agreement
Page 5 of 5
EXHIBIT A
CITY OF BREMERTON
EB-6 PUMP STATION UPGRADES
FINAL DESIGN
SCOPE OF SERVICES
INTRODUCTION
The purpose of this contract is for HDR Engineering, Inc. (HDR) to provide engineering
services to modify the January 2003 Contract Documents of EB-6 wastewater pump
station. A meeting was conducted on June 17, 2004 that reviewed the necessary
modifications. The City provided HDR with their edits on the January 2003 Contract
Documents.
EB-3 PUMP STATION UPGRADE
Task 100 - Design
Consultant Responsibilities:
1. Contracting and internal project controlling and accounting.
2. Staff administration and scheduling.
3. Monthly reports and invoices.
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 staff that 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 (e.g. 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. No Permitting services are provided.
6. No Bidding Period or Construction services are provided.
7. Modifications will be as outlined within the Minutes (attached) from the June 17,
2004 Review Meeting as well as the City edits on the January 2003 Contract
Documents.
City of Bremerton 1 EB-6 PS Upgrades
7/9/2004 Final Design
Work Products:
1. Monthly reports with descriptions of the work completed during the month, work
planned for the next month, need for additional information, and any schedule,
scope, or budget issue.
2. Monthly standard invoice.
3. One (1) copy of half-size drawings (11" x 17") and specifications.
4. CD(s) containing electronic files.
City of Bremerton 2 EB-6 PS Upgrades
7/9/2004 Final Design
EXHIBIT B
CITY OF BREMERTON
EB-6 PUMP STATION UPGRADES
FINAL DESIGN
COMPENSATION
Compensation for Consultant's services under this Contract shall be on a Cost Plus Fixed
Fee basis but not to exceed the Total Price. The sum of Cost and Fixed Fee shall be the
compensation for the Scope of Work.
Cost shall include Direct Labor Cost, Indirect Costs, and Reimbursable Expenses. Cost
shall be an amount equal to Direct Labor Cost times a factor of 2.85 plus Reimbursable
Expenses.
Direct Labor Cost shall mean salaries and wages (basic and overtime) paid to all
personnel for time worked directly on the project.
Indirect Costs shall include overhead, taxes, and other indirect project administrative
costs.
Fixed Fee shall mean a fixed mount of fee that is added to the Cost. The Cost may
vary, but the Fixed Fee shall remain the same provided the Scope of Work does not
change. The Fixed Fee will be prorated and paid monthly in proportion to the project
work satisfactorily completed. A payment for an individual month shall include that
portion of the Fixed Fee allocable to the project work satisfactorily completed during the
month and not previously paid. Any portion of the Fixed Fee not previously paid in the
monthly payments shall be included in the final payment.
Reimbursable Expenses shall mean the actual expenses incurred directly or indirectly in
connection with the project for transportation travel, subconsultants, subcontractors,
computer usage, telephone, fax, shipping and express, and other incurred expense.
Charges for reimbursable expenses incurred by the Consultant will be at the following
rates as shown in Table B-1. The amount of any sales tax, excise tax, or gross receipts
tax that may be imposed on this Agreement shall be added to the Consultant's
compensation as Reimbursable Expenses.
City of Bremerton 1 EB-6 PS Upgrades
7/9/2004 Final Design
Table B-1 Reimbursable Expense Charges
Item Billing Rate
Miscellaneous Postage at cost
Travel Mileage at 37.5 cents per mile or the current Internal Revenue Service (1RS)
allowable rate for business use of an automobile
Other travel expenses at cost
Copying Standard at 10 cents per page
PlottingI 11 x 17 at $3.00 per sheet
22 x 34 at $7.00 per sheet
HP755 color at $8.50 per sheet
Phone At cost
Fax In-coming at No charge
Outgoing at $0.75 per page
Computer Engineer at $10 per hour
CADD at $15 per hour
1. In-house billing rate listed above; outside plotting will be billed "at cost".
Monthly invoices shall be submitted to the City for work performed subsequent to work
covered by all previously submitted invoices and shall be computed pursuant to the rates
and limitations set forth above.
The approximate cost with respect the task is presented in Table B-2.
Table B-2 Task Breakdown of Project BudgetI
Task Description Estimated Budget
100 Final Design $ 19,991
Total Contract.4mount $ 19,991
Cost plus Fixed Fee.
City of Brernerton 2 EB-6 PS Upgrades
7/9/2004 Final Design
CITY OF BREMERTON
EB-6 PS MODIFICATIONS
Review Meeting
June 17, 2004
Meeting Minutes
The meeting started at 2:00 P.M. at the Department of Public Works and Utilities Conference Room
followed by a field visit to the site. Attendees were as follows:
Pat Coxon - City of Bremerton
Frank Harer - City of Bremerton
Ned Lever - City of Bremerton
Rudy Vigilia - HDR
1. INTRODUCTIONS
Ned indicated this meeting will discuss modifications to the EB-6 Contract Documents
prepared by HDR in January 2003.
2. QUESTIONS/CLARIFICATIONS/RESPONSES
The City provided HDR with Contract Documents (Drawings and Specifications) that
contained their comments. In summary:
GENERAL
a. VFD's no longer used; replace all references to VFD's with soft starts/stops.
b. Will want to add Bypassing Pumping Plan in Specifications...and that it needs to be
submitted and approved a minimum 30 days prior to implementation.
c. Will want to have 100 percent by HDR by the end of July...so Bidding Period can be
the first part of August.
d. Need to add "S" to pump ID's ("WWEB06000SPxxx").
e. Need a Scope/Budget (subsequently, an estimate of $19,991 was provided to the CiO~;
the Ci~g "approved" this estimate and requested a detailed Scope/Budget be prepared
and submitted).
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DRAWINGS
Cover Sheet
a. Want to move Contractor Staging Area away from toe of slope...maybe towards the
east to a grass area adjacent to blackberry bushes...and possibly taking a small portion
of the parking lot (should not be a big deal as the parking lot does not get much activity
November - February). City to check with Parks Department. (subsequently, the City
has indicated the Patios l)epartrnent approves of the location)
Drawing C- 1
a. The electrical panel and generator (newly added) shown will be moved adjacent to the
Contractor Staging Area (noted above). The electrical panel will be aligned E-W
(lengthwise) and generator aligned N-S (lengthwise); creating an "L" configuration.
b. Another RI?BP (and Hotbox enclosure) will be required for a larger 1-½" NPW.
c. The Valve Vault will reduce in size (due to 4" pipe and other modifications; see
Drawing M-i); access hatch needs to be H-20 rated; need to slope lid to match
pavement.
d. Place flowmeter within Valve Vault (City provided literature on a Toshiba flowmeter
that only requ'nred 2 pipe diameters of straight pipe upstream and downstream; Emie
needs to research); delete bypass piping (City wants a specification added for a spool
piece the length of the flowmeter to be provided by the Contractor; and that if the
flowmeter needs to be removed for repair, the City can use this spool piece and install it
in place of the flowmeter).
e. At the location of connecting the new 4" discharge to the existing 8" forcemain; install
a 4" isolation valve and 8 x 4 Wye. Cut in a quick disconnect (installed within a small
vault) into the existing 8" forcemain with an 8" isolation valve on either side; all
upstream of the 8 x 4 Wye. The City will blow down pipe for cutting into (note this in
Specifications).
f. There was some discussion on how to test the pumps for Start-Up. It was finally
determined that the Contractor would just need to use sewage (note this in
Specifications).
Drawing M-1
a. In Motor Floor Plan: add "Field Verify with City" to "1-½" HB w/Hose Rack" note;
upstream of swing check valve within Valve Vault, add ~A" BV and gage port (similar
to WB-3); isolation valves within Valve Vault needs to be OS&Y.
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b. In Section A: City wants Access Hatch to be sealed (similar to WB-3?) and hardpipe
channel drain and tee into 4" D fi.om Valve Vault; add "Slope to Drain" note to Valve
Vault.
Drawing E-2
a. Need pump mn time and amp meters; need main breaker (240V, 30A) for 7.5 kVA
transformer.
b. On Conduit Schedule: label underground conduits where they stub up (both ends).
Drawing E-3
a. Relocate existing OCM into Control Panel; need ability to pull pump, Birdcage, and
floats without having to enter wetwell (place J-boxes on backside of Existing Control
Panel) similar to "Seaioffs" at WB-6 which were approved by Electrical Inspector
(subsequently, the City has provided digital pictures of }VB-6 "Sealoff' installation
with cover on and of J); want l15V weatherproof receptacle within Valve Vault for
hand tools; Utility Transformer is on Utility Pole.
Drawing E-4
a. Need more detail such as terminal numbers for VFD FO (may not be applicable as
there are no more VieD's).
Drawing E-5
a. In Control Diagram 1002: want Wetwell Low Level.
Drawing E-6
a. In Lighting Panelboard LP: needs back fed main breaker.
Drawing I-2
a. Where is LS-105?
b. Coordinate pipe sizes shown within Valve Vault with new pipe sizes.
Drawing I-3
a. In Control Panel Device Schedule: Item 2 should be Birdcage.
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b. Portable generator receptacle should be Hubble 5100 B7W, 3 phase, 480/277, 100A;
need thermostatically controlled enclosure heater for both panels CP-P and CP-C;
lamps in panels need to be T8 and not T12; UPS needs to have relay output for alarm
back to SCADA indicting UPS on battery (also reflected in PLC logic); color monitor;
wetwell low level; need motor amps for each pump and nm time meters.
Drawing I-4
a. Detail 1: no pipe; hang float switches from SST chain attached to where it can be pulled
out ofwetwell without entry; place 25 LB weight at bottom of chain.
b. Detail 3: change to Toshiba flowmeter.
c. Verify Flowserve and Fairbanks-Morse power cord requirements and size conduit
accordingly.
SPECIFICATIONS
General
a. Generator (City prefers Cummins) needed; sized to operate two (2) 600 GPM pumps;
sub base diesel fuel tank sized for 24-Hour power outage; can use WB-3 generator
specification as a starting point.
b. The City wants to include review of ElectricaFI&C/Generator type Shop Drawings
(maximum of 4 reviews).
c. VFD's no longer used; replace all references to VFD's with soft starts/stops (Table of
Contents; 11005; 11060; 11076; 13441; 16265; etc).
11076
a. 2.6 B.; add "6. High pot motor and cable before and after submergence."
13441
a. A.5; need to go over OIS displays.
b. B.6; have PLC-002 take over "only" ifPLC-001 falls.
c. B.7; also allow changing of time delays for alarms and check valve open/close delays.
d. B.7.d., C.5.d., and E.5.d.; don't need to trend wetwell level nor have a historical trend.
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13442
a. Edit accordingly for Toshiba flowmeter and Birdcage.
13446
a. 2.2 A.2.e.; change 1400 ohms to 750 ohms.
b. 2.7; if the PLC has nm time counters, do we need these? Or do we need the PLC
counters?
13500
a. On 07/25/03 E-Mail fi.om HDR to City noting potential changes that may be required
via Addendum; change PLC-001 fi.om AB SLC-5/05 to AB SLC-5/04 with DHT
programming port.
b. 2.2 F.; want to discuss this section.
c. 2.3 B.; all FO will be pre-wired to terminal blocks.
d. 2.3 K.2.d., K.2.f.5), and L.; not needed.
e. PLC FO List; please monitor Pump 1 - 3 H-O-A switch in "Hand" position.
16265
a. Delete in its entirety.
The meeting ended at 3:50 P.M.
cc: Attendees
Emie Swanson - HDR
HDR File
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