AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR CITY OF FERNDALE Water Softening Alternatives Analysis

Transcription

1 AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR CITY OF FERNDALE Water Softening Alternatives Analysis THIS AGREEMENT is made by and between City of Ferndale, a municipal corporation of the State of Washington, hereinafter referred to as "City," and Wilson Engineering, LLC, Consulting Engineers and Surveyors, hereinafter referred to as the "Engineer," for the purpose of providing engineering services for evaluation of Water Softening Alternatives for the drinking water treatment plant. SECTION 1: RELATIONSHIP OF THE PARTIES City desires to retain the services of an engineer as consultant and engineer for planning and engineering matters related to the City's business and hereby employs Wilson Engineering, LLC to perform the engineering work described herein for the planning, design, and construction of projects contemplated by the City. All work will be done under the supervision of the Public Works Director. The Parties to this Agreement, to the extent permitted by law, each bind themselves, their successors, executors, administrators, and assigns to the other party to this Agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants to this Agreement. The Parties intend that this Agreement shall create an independent contractor relationship between the Engineer and the City. No agent, employee, servant, or representative of the Engineer will be deemed to be an employee, agent, servant, or representative of the City for any purpose whatsoever, and no employee of the Engineer will be entitled to any benefits of City employment. The Engineer will solely and entirely be responsible for its acts and for the acts of its agents, employees, servants, and/or subcontractors during the term of this Agreement. SECTION II: SCOPE OF SERVICES A. ANTICIPATED SERVICES Purpose: We understand that the primary issue at hand, and of concern to the public, is the hardness of the groundwater. There are several options for treatment- the most common and least expensive being lon Exchange using sodium as the regenerant. However, the City will need to be assured that the water quality of the public's drinking water is considered carefully in its entirety, so that any solution does not create additional problems or excessive costs. The purpose of this work is to provide a thorough study of the feasibility (including cost-effectiveness) of various options for softening the drinking water supply. The presumptive target hardness concentration is 70 mg/l (i.e., close to pre-2012 concentrations). Treatment alternatives will be evaluated based on this goal. However, estimated costs for lesser treatment (i.e., higher target hardness) will be provided for comparison. Issues that need to be considered in the evaluation: Cost of treatment (initial capital, O&M, and future capital). Groundwater chemistry may change over time, so flexibility of the treatment system is important. Effectiveness of treatment. Negative effects of treatment. Increase in salinity and sodium using the traditional ion exchange process. Will the treatment process increase or decrease the concentrations of disinfection byproducts? and will any changes to the disinfection system be needed? 1

2 How will the softened water affect corrosion control? What will be the effect on taste? Is there an economical alternative or modification to the current filtration and disinfection system? How much water would be wasted using nanofiltration? and is this acceptable? Is activated carbon absorption a needed or desired additional treatment step to improve taste and quality? and is it affordable? Phase 1: SCOPE OF WORK 1. Meet with City staff. 2. Evaluate existing issues and water chemistry. Obtain samples and comprehensive test results. 3. Perform research on approaches to softening (nanofiltration, ion exchange, lime softening) 4. Perform research on approaches to disinfection improvements. 5. Evaluate how these alternative approaches work with the City's existing treatment system and water chemistry. 6. Discuss with Public Works staff the preliminary findings and conclusions and where to go from there. 7. Prepare report describing viable approaches based on tiered levels of improvement desired. Prepare basic cost-benefit analysis based on costs from EPA documents. Describe benefits for each system or combination of systems. Describe limitations for each system in general and specifically for Ferndale's system. Explain overall benefits and limitations of potential changes. 8. Meet with City staff and others as determined by the City to discuss findings. 9. Identify major vendors and sales representatives for viable systems or system components. Obtain proposals and quotes. Obtain all system details including operating costs (or requirements), performance, pretreatment, requirements, post-treatment requirements, limitations, and side effects. 10. Prepare refined cost benefit analysis. 11. Perform preliminary bench tests on systems as (or if) needed (i.e., for taste, DBPs). 12. Present findings to the City Council. 13. Present findings and recommended alternative to the public. 14. Complete Final Report. The City will provide existing water quality data reports and will provide initial complete inorganic testing analyses of the wells, raw water and treated water for Task 2. The City may provide some testing of samples from bench testing. Possible Future Phases (not included in the scope of work) Preliminary design report to WDOH Perform pilot testing (to be determined depending on WDOH input) Project Report to WDOH Construction documents 2

3 Phase I Schedule: The proposed schedule for the above PHASE I scope of work is as follows. Note this schedule does not include possible delays due to public discussion of the merits and costs of the alternatives. The completion of the final report may be delayed by the need to incorporate public input. Additional interim reports and fact sheets may also need to be prepared to keep Council and the public fully informed about this vital work. TASK No. START FINISH Task 1 Dec 13 Dec 13 Task 2 Dec 13 Jan 20 Task 3 Dec 13 Jan 27 Task 4 Dec 13 Jan 27 Task 5 Dec 13 Jan 27 Task6 Jan 27 Jan 27 Task 7 Jan 17 Feb 17 Task8 TBD TBD Task 9 Feb6 Feb27 Task 10 Feb 12 Mar4 Task 11 Feb 12 Mar4 Task 12 TBD TBD Task 13 TBD TBD Task 14 Mar 11 B. ESTIMATED BUDGETS The estimated budget for completing the scope of work is included as Exhibit A The Scope of Work is based on the best information available at the time regarding the anticipated and recommended work requirements. The Engineer will not incur costs to the City beyond such budgeted amount without City's prior approval; and at such times as it appears to the Engineer that the total costs to perform the Scope of Work for a specific budgeted project will exceed the agreed upon budget, Engineer will notify the City in writing. The City and Engineer then shall consider whether some work should be deleted or the budgeted amount should be increased. If, after such notification, additional funds are not allotted or agreed to be provided, the Engineer shall not be obligated to continue performance that would incur costs in excess of the aforementioned sum. C. ASSIGNMENT AND/OR SUBCONTRACTING: The Engineer shall not assign or subcontract any portion of the services provided within the terms of this Agreement without obtaining prior written approval of the City. All terms and conditions of this Agreement shall apply to approved subcontracts or assignments related to this Agreement. Engineer shall be responsible for all payments to subcontractors and shall prevent, or promptly remove any and all liens against the project arising from the work of any subcontractor, supplier, or employee. 3

4 SECTION Ill: PAYMENT FOR ENGINEERING SERVICES A. BASIS OF COMPENSATION Payment to the Engineer for services set forth in Section II shall be based on actual work performed at the personnel rates defined by the Engineer's then current fee schedule (Exhibit B included for January 1 - December 31, 2012). It is anticipated that the fee schedule will be adjusted annually on January 1, and any such annual adjustments will be subject to the approval of the City. In addition, the Engineer shall be reimbursed for all subcontractor costs at the rate of cost plus 5%. The Engineer shall also be reimbursed for out-of-pocket expenses incurred in the direct performance of the consulting services or attributable to a specific project at actual invoice charge. Out-of-pocket expenses are defined as all costs, other than payroll costs, which are directly attributable to a specific project. They shall include items such as directly applicable technical expenses, postage, permit application fees, and such other items of expense incurred in the direct performance of the consulting services or attributable to a specific project. Payment shall be made monthly upon receipt and approval of the Engineer's invoice. B. TIMELINESS OF PAYMENT The City agrees promptly to make payments, as invoiced, for services and costs to be furnished and incurred under this Agreement. In the event an invoice remains unpaid for more than 60 days from date of invoice, the City shall pay interest at the rate of one percent per month until full payment is made on the past due amount, unless otherwise provided for in this Agreement. In the event that an invoice for payment remains unpaid for more than 90 days from date of invoice, the Engineer shall not be obligated to continue with the performance of the services described and contracted for herein. The Engineer will not incur any liability for damages due to delay of the project as a result of stopping performance of services due to the failure of the City to pay for services rendered. SECTION IV: STANDARD PROVISIONS A. PROFESSIONAL SERVICES The Engineer shall be consultant and advisor to the City and shall not be agent or representative of the City, except as may specifically be authorized in writing by the City in respect to particular scope(s) of services relating to the project. The Engineer represents that the studies, projections, plans, reports, designs, drawings, specifications, cost estimates, and all other engineering, consulting, and analytical services furnished under this Contract will be in accordance with generally accepted professional practices. The Engineer makes no other representation or warranty, express or implied. B. CLAIMS AND DISPUTES OF OTHER PARTIES The Engineer will assist the City in reviewing and evaluating claims and disputes, preparing information for the City's legal counsel, providing services as witness in litigation, arbitration, or mediation to which the City is a party, and providing other services in connection with actual or potential claims or disputes arising out of the project, regardless of whether or not the Engineer is named in such legal action. The Engineer will be compensated for providing such assistance in accordance with Section Ill of this Agreement. C. RESPONSIBILITY OF ENGINEER 1. The Engineer shall perform such professional services as may be necessary to accomplish the work required to be performed under the terms of this contract agreement including, but 4

5 not limited to, assisting the City in obtaining all necessary approvals from local, state and federal reviewing agencies. The Engineer does not guarantee that permits and approvals for City projects can be obtained. 2. The Engineer shall be responsible for the professional quality, technical adequacy and accuracy, timely completion, and the coordination of all designs, drawings, specifications, contract documents, reports, and other services furnished by the Engineer under the terms of this contract agreement. 3. The Engineer shall, without additional compensation, correct or otherwise revise any errors, omissions, or other deficiencies in the design, drawings, specifications, reports, and other similar documents/data prepared or furnished by the Engineer. 4. Approval by the City or by the State of Washington or any of their departments, agencies, or employees of any construction phase designs, drawings, specifications, reports, and incidental engineering work or materials furnished shall not relieve the Engineer of the responsibility for the technical adequacy and accuracy of this work. 5. Neither the City's review, approval or acceptance of, nor payment for, any of the Engineer's services shall be construed as a waiver of any rights under this contract agreement or any cause of action arising out of the performance of this contract agreement. 6. During the construction phase (if included in the scope of work), the Engineer shall make on-site observation of the work in progress and checks of material and equipment as required, and report observed deficiencies in the work. The Engineer is not responsible for the safety of persons on and about the construction site. In connection with construction work, the Engineer is not and does not purport to be a safety engineer and is not engaged in that capacity by this contract, and shall have neither authority not responsibility to enforce construction safety laws, rules, regulations, or procedures. Responsibility, if any, of the City for monitoring or enforcement of laws, rules, regulations or procedures relating to safety in connection with construction of the project shall be discharged by the City in such a manner as the City may elect. Furnishings by the Engineer of resident or periodic project representation shall not make the Engineer responsible for construction means, methods, techniques, sequences, or procedures, nor for the contractor's failure to perform the construction work in accordance with safety laws and/or the contract documents. D. RESPONSIBILITY OF THE CITY FOR PERMITS The Engineer will assist the City in obtaining and maintaining permits (if any) as requested. However, the City retains sole responsibility for obtaining and complying with the terms and conditions of any and all permits necessary for the operations of its facilities. E. ESTIMATED CONSTRUCTION COSTS The Engineer's cost estimates (if any) for construction work (if any) contemplated by the City are to be made on the basis of experience and qualifications and represent best judgment as design professionals familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids, or the project construction costs will not vary from cost estimates prepared by Engineer. City acknowledges that the Engineer has no control over a contractor's methods of determining prices, or over competitive bidding or market conditions. 5

6 F. INSURANCE The Engineer agrees to obtain and maintain, at its expense, such insurance as will protect the Engineer from claims under the Workmen's Compensation Act and such comprehensive general liability insurance in an amount of not less than $1,000, per occurrence as will protect the City and the Engineer from all claims for bodily injury, death, or property damage which may arise from the performance of the Engineer's functions and services required under this Agreement, by the Engineer or by the Engineer's employees. In addition, the Engineer shall obtain and maintain in force a policy of Architects and Engineers Professional liability Insurance, with a limit of not less than $1,000,000, to protect the Engineer from professional liability claims arising out of the performance of this Agreement. All insurance policies shall be issued by companies authorized to do business under the laws of the State in which the work or any portion of the work is performed, shall be in form satisfactory to the City and Engineer and shall contain a provision prohibiting cancellation, termination or modification except upon at least 30 days prior written notice to the City. Certified copies of said policies or certificates evidencing such insurance shall be filed with the City before any payments are made to the Engineer. Said professional liability policy shall be maintained in force at Engineer's expense for one year following completion of work covered by this agreement. G. INDEMNITY The Engineer shall indemnify and hold the City harmless for all claims arising out of the Engineer's negligent performance of the professional services as set forth under this Agreement. H. NON-DISCRIMINATION CLAUSE The parties hereto agree to abide by all federal, state, and county laws prohibiting discrimination with regard to employment and provision of services. The Engineer shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, creed, marital status, physical, mental, or other sensory handicap, or age, except where such constitutes a bona fide occupational qualification. I. LICENSING The Engineer agrees to comply with all applicable federal, state, county, or municipal standards for licensing, certification, and operation of facilities and programs, and accreditation and licensing of individuals. The Engineering firm hereby certifies that it is authorized to do business in the State of Washington and that it is in full compliance with the requirements of the Board of Professional Registration. J. SUSPENSION/TERMINATION This Agreement may be terminated, in whole or in part, by either party hereto upon thirty (30) days advance written notice sent by registered mail to the other party at its usual place of business. In the event this Agreement is terminated, the City will pay the Engineer for the services performed to the time of such termination in accordance with the Engineer's then current fee schedule. In addition, the Engineer shall be reimbursed for all direct out-of-pocket expenses incurred in the direct interests of the work. K. SEVERABILITY It is understood and agreed by the parties hereto that if any part of this Agreement is determined to be illegal, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed as if the Agreement did not contain the particular illegal part. 6

7 L. DISPUTE RESOLUTION If a dispute arises out of or relates to this contract, or the breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Construction Industry Mediation Rules before resorting to arbitration. Any such dispute not resolved by mediation shall be settled by arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules if the Engineer's professional liability insurer agrees to that course of action, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. M. LIMITATION OF LIABILITY In recognition of the relative risks and benefits of the project to both City and Engineer, to the maximum extent permitted by law, the City. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, the total liability, in the aggregate, of Engineer and Engineer's officers, directors, partners, employees, agents, and Engineer's Consultants, and any of them, to City and anyone claiming by, through, or under City for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or breach of contract, or warranty express or implied, of Engineer or Engineer's officers, directors, partners, employees, agents, or Engineer's Consultants, or any of them (hereafter "City's Claims"), shall not exceed the total insurance proceeds paid on behalf of or to Engineer by Engineer's insurers in settlement or satisfaction of City's Claims under the terms and conditions of Engineer's insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal). If no such insurance coverage is provided with respect to City's Claims, then the total liability, in the aggregate, of Engineer and Engineer's officers, directors, partners, employees, agents, and Engineer's Consultants, and any of them to City and anyone claiming by, through, or under City for any and all such uninsured City's claims shall not exceed $200, or the Engineer's total fee for services rendered on the project, whichever is greater. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. N. THIRD- PARTY BENEFICIARY CLAUSE Where State of Washington funds may be used to pay for particular services of the Engineer, all parties agree that the State of Washington shall, upon occasion, be named in writing as an express third party beneficiary of this contract agreement, with full rights as such. This agreement is made entirely for the benefit of the City and the Engineer and successors in interest. No third party (save specific State of Washington exception above) shall have any rights hereunder, whether by agency or as a third party beneficiary or otherwise. 0. GOVERNMENT INTEREST EXCLUSION CLAUSE It is anticipated that certain projects may be funded in part by the Washington State Department of Ecology Centennial Clean Water Fund or State Revolving Fund, the Washington State Department of Health Drinking Water State Revolving Fund, the federal Rural Utility Service, the State Community Trade and Economic Development department, the Public Works Board's Public Works Trust Fund, and other such public funding mechanisms. Neither the Federal Government nor the State of Washington nor any of its agencies, departments, or employees are, or shall be, a party to this contract agreement or any subcontract. 7

8 P. AUDITS: ACCESS TO RECORDS AND INSPECTION CLAUSES 1. Where Federal or State of Washington funding is provided for engineering and surveying services provided under this agreement, the federal or state government and any of its departments or authorized representatives, shall have the right of access to any books, documents, papers, or other records pertinent to the services in order to make audits, inspections, examinations, excerpts, transcripts and copies. Such right of access is limited to the retention periods required by the specific funding programs. 2. The Engineer shall maintain books, records, documents, and other evidence directly pertinent to the work performed under this contract agreement in accordance with generally accepted accounting principles and funding program requirements that may be specifically identified. The Engineer shall also maintain the financial information and data used by the Engineer in the preparation or support of public loan or grant documentation prepared in behalf of the City. Q. EQUAL EMPLOYMENT OPPORTUNITY The Engineer shall comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations 41 CAR part 60. R. SMALL, MINORITY, AND WOMEN'S BUSINESSES The Engineer agrees to take affirmative steps to assure that small, minority, and women's businesses are utilized when possible as sources of supplies, equipment, construction, and services. Affirmative steps shall include: 1. Including qualified small, minority, and women's businesses on solicitation lists. 2. Assuring that small, minority and women's businesses are solicited whenever they are potential sources. 3. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum small, minority and women's businesses participation. 4. Where the requirement permits, establishing delivery schedules which will encourage participation by small, minority, and women's businesses. 5. Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Dept. of Commerce. 8

9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on this day of n.;_, "-... b-~.~ ' 3..,... Wilson Engineering, LLC 805 Dupon~ Suite 7 Bellingham, Washington ~~ L, _/ By: (Af~kw ~1Ny=' Andrew Law, Managing Principal City of Ferndale 2095 Main Street Ferndale, WA Departmental Approval: 2/13)/7_ < I Attachment : Exhibit A Budget Estimate Exhibit B Billing Rates 9

10 EXHIBIT A Senior Gregory Project Engineer Task Z-Engineers Senior CAD Cost Korshin Engineer I (Ell) Tech Rate ($/hr) = $ 125 $ 110 $ 95 $ 78 Task 1 2 $ 250 Task 2 $ $ Task $ 3,960 Task4 $ $ 1,250 Task 5 $ $ 5,175 Task6 3 $ 375 Task 7 $ 1, $ 7, 150 TaskS $ $ 1,050 Task 9 $ $ 1,700 Task 10 $ 800 $ $ 3,320 Task $ 1,635 Task 12 4 $ 500 Task 13 4 $ 500 Task $ 1,078 Subtotal hours Total $ 4,200 $ 500 $20,750 $ 550 $ 3,135 $ 858 $ 29,993

11 EXHIBIT B Billing rates for work performed January 1-December 31, 2012: Principal Engineer, $148 per hour (not used) Senior Project Engineer, $125 per hour Project Engineer, $110 per hour Engineer II, $102 per hour Engineer I {Ell), $95 per hour GIS Analyst, $93 per hour Se nior CAD Design Technician, $78 per hour CAD Design Technician, $71 per hour Inspector, $71 per hour Clerical, $67 per hour Senior Professional land Surveyor, $121 per hour Hydrographer, $121 per hour Professional land Surveyor, $110 per hour Senior Survey Technician, $91 per hour Survey Technician, $70 per hour GIS Mapping Technician, $104 per hour 2-Person Survey Crew (conventional), $150 per hour GPS Survey Crew, $165 per hour 3-Person Survey Crew (conventional), $185 per hour Sub-consultants- reimbursed at cost plus 5% Reimbursable direct expenses- reimbursed at cost plus 5%- include (but are not limited to) the following: Project application fees and project permit fees Publication of notices Postage and shipping Specialized Equipment Rental, at rental rate