073-22 - Art Anderson Associates, Inc. - ContractDocuSign Envelope ID: 1CD83175-C302-4A98-A073-4C7922FFA57E
CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
THIS Agreement is made effective as of the 24th day of May 2022, by and between the City of
Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address
is:
CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
And Art Anderson Associates, Inc., a corporation, organized under the laws of the State of
Washington, doing business at:
Art Anderson Associates, Inc.
830 Pacific Avenue, Suite 200
Bremerton, WA 98337
Contact: Brad Ginn, PE
(hereinafter the "CONSULTANT")
Phone: 360.479.5600
for professional services in connection with the following Project:
Melcher Pump Station Rehabilitation Project Design
TERMS AND CONDITIONS
1. Services by Consultant.
A. The Consultant shall perform the services described in the Scope of Work (dated
5/13/2022) attached to this Agreement. The services performed by the Consultant shall not exceed the
Scope of Work without prior written authorization from the City. In performing such services, the
Consultant shall at all times comply with all Federal, State, and local laws and regulations applicable to the
performance of such services. The Consultant shall perform the services diligently and completely in
accordance with professional standards of conduct and performance for Consultant's profession.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the
parties and incorporated in written amendments to the Agreement.
2. Schedule of Work.
A. The Consultant shall perform the services described within the Scope of Work in
accordance with the tasks identified within Exhibits "A, B & C" and the terms of this Agreement. If delays
beyond the Consultant's reasonable control occur, the parties will negotiate in good faith to determine
whether an extension is appropriate.
City of Port Orchard and Art Anderson Associates, Inc.
Public Works Project No. N/A
Professional Service Agreement Contract No. CO73-22
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B. The Consultant is authorized to proceed with services upon receipt of a written Notice to
Proceed.
3. Terms. This Agreement shall commence on May 24, 2022 ("Commencement Date") and shall
terminate December 31, 2022 unless extended or terminated in writing as provided herein. The
City reserves the right to offer two (2) one-year extensions prior to contract expiration to
retain the selected company's services.
4.
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Compensation.
LUMP SUM. Compensation for these services shall be a Lump Sum of $
x TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
$120,282.00 without written authorization and will be based on the list of billing rates and
reimbursable expenses attached hereto as Exhibits "A, B & C."
❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis
according to the list of billing rates and reimbursable expenses attached hereto as Exhibit " "
❑ OTHER.
5. Payment.
A. The Consultant shall maintain time and expense records and provide them to the City
monthly after services have been performed, along with monthly invoices in a format acceptable to the City
for work performed to the date of the invoice.
B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper
invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same
within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and
the parties shall immediately make every effort to settle the disputed portion.
C. The Consultant shall keep cost records and accounts pertaining to this Agreement available
for inspection by City representatives for three (3) years after final payment unless a longer period is
required by a third -party agreement. Copies shall be made available on request.
D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply
with all federal and state laws applicable to independent contractors, including, but not limited to, the
maintenance of a separate set of books and records that reflect all items of income and expenses of the
Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to
show that the services performed by the Consultant under this Agreement shall not give rise to an employer -
employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance.
E. If the services rendered do not meet the requirements of the Agreement, the Consultant will
correct or modify the work to comply with the Agreement. The City may withhold payment for such work
until the work meets the requirements of the Agreement.
City of Port Orchard and Art Anderson Associates, Inc.
Public Works Project No. N/A
Professional Service Agreement Contract No. CO73-22
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6. Discrimination and Compliance with Laws
A. The Consultant agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed, color,
national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or
local law or ordinance, except for a bona fide occupational qualification.
B. Even though the Consultant is an independent contractor with the authority to control and
direct the performance and details of the work authorized under this Agreement, the work must meet the
approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory
completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and
regulations that are now effective or become applicable within the term(s) of this Agreement to the
Consultant's business, equipment and personnel engaged in operations covered by this Agreement or
accruing out of the performance of such operations.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result
in ineligibility for further work for the City.
7. Relationship of Parties. The parties intend that an independent contractor -client relationship will
be created by this Agreement. As the Consultant is customarily engaged in an independently established
trade which encompasses the specific service provided to the City hereunder, no agent, employee,
representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent,
representative or sub -consultant of the City. In the performance of the work, the Consultant is an
independent contractor with the ability to control and direct the performance and details of the work, the
City being interested only in the results obtained under this Agreement. 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 -consultants of the
Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents,
employees, representatives and sub -consultants 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 that the Consultant performs hereunder.
8. Suspension and Termination of Agreement
A. Termination without cause. This Agreement may be terminated by the City at any time for
public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the
benefit of creditors.
B. Termination with cause. This Agreement may be terminated upon the default of the
Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving
written notice of the default.
City of Port Orchard and Art Anderson Associates, Inc.
Public Works Project No. N/A
Professional Service Agreement Contract No. CO73-22
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C. Rights Upon Termination.
1. With or Without Cause. Upon termination for any reason, all finished or unfinished
documents, reports, or other material or work of the Consultant pursuant to this Agreement shall
be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for
any satisfactory work completed prior to the date of termination, not to exceed the total
compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost,
profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work
not performed because of such termination. The Consultant shall use its best efforts to minimize
the compensation payable under this Agreement in the event of such termination. Upon
termination, the City may take over the work and prosecute the same to completion, by contract or
otherwise.
2. Default. If the Agreement is terminated for default, the Consultant shall not be
entitled to receive any further payments under the Agreement until all work called for has been
fully performed. Any extra cost or damage to the City resulting from such default(s) shall be
deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra
expenses incurred by the City in completing the work, including all increased costs for completing
the work, and all damage sustained, or which may be sustained, by the City by reason of such
default.
D. Suspension. The City may suspend this Agreement, at its sole discretion. Any
reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable
expenses and shall be subject to verification. The Consultant shall resume performance of services under
this Agreement without delay when the suspension period ends.
E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination
shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as
stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the
Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the
anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in
Section 15 herein.
9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill
and experience necessary to provide the services under this Agreement and is appropriately accredited and
licensed by all applicable agencies and governmental entities. Services provided by the Consultant under
this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily
exercised by members of the same profession currently practicing in similar circumstances.
10. Ownership of Work Product.
A. All data, materials, reports, memoranda, and other documents developed under this
Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at
its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to
paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant
pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents,
reports or other material or work of the Consultant for purposes other than those intended by the Consultant
in its scope of services under this Agreement shall be at the City's risk.
City of Port Orchard and Art Anderson Associates, Inc.
Public Works Project No. N/A
Professional Service Agreement Contract No. CO73-22
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B. All written information submitted by the City to the Consultant in connection with the
services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at
least the same extent as the Consultant safeguards like information relating to its own business. If such
information is publicly available or is already in the Consultant's possession or known to it, or is rightfully
obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure,
inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent
required by law, subpoena or other court order.
11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of
the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at the
Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools,
or other articles used or held by the Consultant for use in connection with the work.
12. Indemnification. The Consultant 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 attorneys' fees, arising out of or resulting from the acts, errors or omissions of
the Consultant in performance of this Agreement, except for injuries or damages caused by the sole
negligence of the City.
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 Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the
Consultant's negligence. The provisions of this section shall survive the expiration or termination of this
Agreement.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'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.
13. Insurance. The Consultant shall procure and maintain for the duration of this 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 Consultant, its agents, representatives, or
employees.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non -owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
City of Port Orchard and Art Anderson Associates, Inc.
Public Works Project No. N/A
Professional Service Agreement Contract No. CO73-22
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2. Commercial General Liabilitv insurance shall be written on ISO occurrence form CG
00 01 or a substitute form providing equivalent liability coverage and shall cover
liability arising from premises, operations, independent contractors and personal injury
and advertising injury. The City shall be named by endorsement as an additional
insured under the Consultant's Commercial General Liability insurance policy with
respect to the work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
4. Professional Liabilitv insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liabilitv insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's
Liability Disease each employee $1,000,000, and Employer's Liability Disease —
Policy Limit $1,000,000.
4. Professional Liabilitv insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance:
1. The Consultant's insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City shall
be excess of the Consultant's insurance and shall not contribute with it.
2. The Consultant shall provide the City with written notice of any policy cancellation,
within two business days of their receipt of such notice.
The City will not waive its right to subrogation against the Consultant. The
Consultant's insurance shall be endorsed acknowledging that the City will not waive
their right to subrogation. The Consultant's insurance shall be endorsed to waive the
right of subrogation against the City, or any self-insurance, or insurance pool coverage
maintained by the City.
City of Port Orchard and Art Anderson Associates, Inc.
Public Works Project No. N/A
Professional Service Agreement Contract No. CO73-22
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4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year
extended reporting period shall be included with the claims made policy, and proof of
this extended reporting period provided to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
The Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work.
14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber
any rights, duties, or interests accruing from this Agreement without the express prior written consent of
the City, which consent may be withheld in the sole discretion of the City.
15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City
shall be in writing and delivered to the parties at the following addresses:
Robert Putaansuu
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407
Fax: 360.895.9029
CONSULTANT
Art Anderson Associates, Inc.
Brad Ginn, PE — VP of A&E
830 Pacific Avenue, Suite 200
Bremerton, WA 98337
Phone: 360.479.5600
16. Resolution of Disputes and Governing Law.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term
or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between
the parties relative to the actual services provided or to the sufficiency of the performance hereunder.
B. If any dispute arises between the City and the Consultant under any of the provisions of
this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the
Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting
litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the
substantially prevailing parry shall be entitled to recover its costs, disbursements, and reasonable attorneys'
fees from the other party.
City of Port Orchard and Art Anderson Associates, Inc.
Public Works Project No. N/A
Professional Service Agreement Contract No. CO73-22
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17. General Provisions.
A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein contained 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 in full force and effect.
B. Modification. No waiver, alteration, modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and
the Consultant.
C. Severability. The provisions of this Agreement are declared to be severable. If any
provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other provision.
D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits
attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City,
and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between
the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits
attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of
the above documents are hereby made a part of this Agreement and form the Agreement document as fully
as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict
with any language contained in this Agreement, then this Agreement shall prevail.
18. Title VI
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts
comply with these regulations.
Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and
successors in interest agrees as follows:
1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to
time, which are herein incorporated by reference and made a part of this Agreement.
2. Nondiscrimination: The Consultant, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age,
disability, income -level, or LEP in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Consultant will not participate directly or
City of Port Orchard and Art Anderson Associates, Inc.
Public Works Project No. N/A
Professional Service Agreement Contract No. CO73-22
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indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in
Appendix A, attached hereto and incorporated herein by this reference, including employment
practices when this Agreement covers any activity, project, or program set forth in Appendix B of
49 C.F.R. part 21.
Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Consultant of the Consultant's
obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination
on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP.
4. Information and Reports: The Consultant will provide all information and reports required by
the Acts, the Regulations and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by
the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Consultant is in the exclusive possession of
another who fails or refuses to furnish the information, the Consultant will so certify to the City
or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non-
discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
1. withholding payments to the Consultant under the Agreement until the contractor
complies; and/or
2. cancelling, terminating, or suspending the Agreement, in whole or in part.
6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant
will take action with respect to any subcontract or procurement as the City or the FHWA may
direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,
that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or
supplier because of such direction, the Consultant may request the City to enter into any litigation
to protect the interests of the City. In addition, the Consultant may request the United States to
enter into the litigation to protect the interests of the United States.
City of Port Orchard and Art Anderson Associates, Inc.
Public Works Project No. N/A
Professional Service Agreement Contract No. CO73-22
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IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth
above.
CITY OF PORT ORCHARD,
WAS T . U by:
By: �'el Ut poaaan sw
Robert taansuu, Mayor
CONSULTANT
Name: Ben Anderson, P.E.
ATTES Ul.4TICATE: Title: President/CEO
By: ey�
414
ran y a ace, MMC City Clerk
APPROVEQ,§§.,Jq: FORM:
By:
Char o11e FI�5zcher, City Attorney
City of Port Orchard and Art Anderson Associates, Inc.
Public Works Project No. N/A
Professional Service Agreement Contract No. CO73-22
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APPENDIX A
During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in
interest agrees to comply with the following non-discrimination statutes and authorities; including but not
limited to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal -aid recipients, sub -
recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles 11 and III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
City of Port Orchard and Art Anderson Associates, Inc.
Public Works Project No. N/A
Professional Service Agreement Contract No. CO73-22
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May 13, 2022
FACP0017.BP
City of Port Orchard
Attn: Mark Dorsey, PE
216 Prospect Street
Port Orchard, WA 98366
Re: Melcher Pump Station Rehabilitation Price Proposal — Rev1
Dear Mark:
Art Anderson presents our proposal for Engineering services in response to the RFQ issued
February 16, 2022. The objective of this project is design upgrades to the City of Port Orchard's
Melcher Street Booster Station to modernize the station and extend the useful life another 50
years.
Scope of Services
Inclusions
The proposal is based on:
• Performing water system modeling to determine the necessary capacity of the renovated
pump station and to properly select pumps based on the needed capacity and the
characteristics of the water system. Water System Modeling will be performed by
Murraysmith as a sub -consultant to Art Anderson.
• Design of pump station controls and integration into the city's existing SCADA system.
Controls and SCADA Integration design will be performed by TSI as a sub -consultant to
Art Anderson.
• Design of piping, valves, fittings and other required appurtenances, electrical
installation, emergency generator, and other fixtures to upgrade the pump station to
modern equipment, materials and standards of construction. The design will progress
with the following submittals for review:
0 30% Schematic Design
0 60% Design Development
0 100% Ad Ready Plans, Specifications, and Estimate
• Quality Control review of each design submittal will be performed.
• Bid support activities to respond to contractor pre -proposal inquiries (PPIs). Assumes
approximately 6 design related PPIs.
Assumptions/Exclusions
The proposal assumes:
• Specifications will be based on the current WSDOT/APWA Standard Specs.
• Engineering support during construction is not included in this proposal, but can be
negotiated separately if desired by the City.
• Construction and Contract administration is not included.
830 Pacific Avenue, Suite 200 1 Bremerton, WA 98337 1 360-479-5600
SDVOSB I OMWBE I WA Veteran Owned Business
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Contract Terms
For the Scope of work stated we are proposing a Time and Materials agreement with a Not To
Exceed Amount of $120,282. This price is broken down as follows:
• Pump Station Design Art Anderson $50,245
• Water System Modeling Murraysmith $18,909
• Controls and SCADA Integration TSI $51,128
Our fee estimate is included as Enclosure A. Our standard rates are included as Enclosure B.
Subconsultant scope and fee proposals are included in Enclosure C. Please note that
subconsultant scope descriptions include the proposed 390 Zone Booster Station project as
well, but their fees have been separated for the two projects.
Sub -consultant fees include a 10% markup.
Services outside the scope of services described herein shall be considered additional services
and shall be negotiated separately.
Thank you for considering Art Anderson as a partner in your success. We look forward to
working with such a valued and respected member of our local community. If you have any
questions, comments or concerns, please don't hesitate to contact me.
Sincerely,
Brad Ginn, P.E.
VP of A&E
FACP0017.BP Proposal Letter Page 2 of 2
5/12/2022
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Enclosure A
Fee Estimate
FACP0017.13P Proposal Letter
5/13/2022
Enclosures
DocuSign Envelope ID: 1CD83175-C302-4A98-A073-4C7922FFA57E
COMPANY PROPRIETARY
DATE: 5/12/2022
ART CLIENT: City of Port Orchard
Jt=
ANDERSON SMP:
USU. PROJECT NAME: Melcher Pump Station Rehabilitation
830 Pacific Avenue POINT OF CONTACT: Mark Dorsey
Bremerton, WA 98337
AA PROJECT NUMBER: FACPO017.13P
AA POINT OF CONTACT: Sean Hoynes
DESIRED START DATE:
COMPLETION DATE:
Phone: (360) 479-5600
Principal
Project
Manager
Sr. Engineer/ Sr.
Architect
Project Engineer
Engineer
Senior Designer
Designer
CAD
Drafter
Project
Coordinator
Clerical
LABOR
SUBTOTAL
SUBTOTAL
HOURS
LABOR
DIRECT COST
TOTAL
PROJECT.0
TASK
Project Management
2
3
3
3
9
20
$2,350
$70,037
$72,387
Contract Administration
2
8
10
$1,010
$1,010
Kickoff Meeting
1
1
1
1
4
$500
$500
Site Visit
2
2
2
6
$840
$840
Controls/SCADA Integration (TSI)
$51,128
$51,128
Water System Modeling (Murraysmith)
$18,909
$18,909
TASK
30% Schematic Design Pha
8
20
38
34
92
192
$25,030
$25,030
Calculations
6
2
6
14
$1,980
$1,980
Product Research
6
2
4
12
$1,740
$1,740
Drawings (10 sheets)
4
16
8
92
120
$14,820
$14,820
Specifications
2
10
8
20
$2,640
$2,640
Construction Cost Estimate
2
8
8
18
$2,370
$2,370
QC Review
8
8
$1,480
$1,480
TASK
60% Design Development
8
13
21
13
46
2
103
$13,700
$13,700
Review Comments
12
1
4
2
9
$1,315
$1,315
Design Review Meeting (Conference Call)
2
2
2
6
$760
$760
Calculations
4
1
1
6
$915
$915
Product Research
2
2
$330
$330
Drawings (10 sheets)
2
8
4
46
60
$7,410
$7,410
Specifications
1
4
4
9
$1,185
$1,185
Construction Cost Estimate
1
2
2
5
$675
$675
QC Review
6
6
$1,110
$1,110
TASK
100% Ad Ready Design Ph
5
7
13
9
18
1
53
$7,155
$7,155
Review Comments
1
1
2
1
5
$740
$740
Design Review Meeting (Conference Call)
1
1
1
3
$380
$380
Calculations
1
1
1
3
$420
$420
Product Research
1
1
$165
$165
Drawings (10 sheets)
1
6
4
18
29
$3,615
$3,615
Specifications
1
2
2
5
$675
$675
Construction Cost Estimate
1
1
1
3
$420
$420
QC Review
4
4
$740
$740
TASK
Bid Support
6
6
4
16
$2,010
$2,010
PPI Responses
1 6
1 b
1 4
116
$2,010
1 $2,010
RATE/HOUR $215.00 $185.00 $165.00 $135.00 $120.00 $120.00 $110.00 $90.00 $80.00 $65.00
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Enclosure B
Standard Rates
FACP0017.13P Proposal Letter
5/13/2022
Enclosures
DocuSign Envelope ID: 1CD83175-C302-4A98-A073-4C7922FFA57E
AON
1
= ART
ANDERSON
2022 Schedule of Charges
Where engineering services are provided on an hourly basis, the following rates shall apply to cover
salaries, taxes, insurance, administration, general overhead, and profit:
Classification Hourly Rate
Principal
$215
Project Manager
$185
Senior Engineer/Sr. Architect
$165
Project Engineer
$135
Engineer
$120
Senior Designer
$120
Designer
$110
CAD Drafter
$ 90
Project Coordinator
$ 80
Clerical
$ 65
Reimbursable expenses will be charged at the rates shown below:
Automobile Travel
Consultant Costs
Travel Costs
Food and Lodging
Photocopying (B & W)
Photocopying (Color)
Plotter Bond
Plotter Presentation
Plotter Vellum/Mylar
Other Reproduction Costs
Note: Minimum charge when stamping work is $1,000.00.
Effective February 2022
IRS Rate
Actual cost plus 10%
Actual cost plus 10%
Actual cost plus 10%
$.05/copy plus operator time
$.20/copy plus operator time
$.55/sq ft plus operator time
$.85/sq ft plus operator time
$1.30/sq ft plus operator time
Actual cost plus 10%
DocuSign Envelope ID: 1CD83175-C302-4A98-A073-4C7922FFA57E
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Enclosure C
Subconsultant Scope and Fee Proposals
FACP0017.13P Proposal Letter Enclosures
5/13/2022
DocuSign Envelope ID: 1CD83175-C302-4A98-A073-4C7922FFA57E
SCOPE OF WORK
April 22, 2022
Brad Ginn, PE
Art Anderson
830 Pacific Avenue
Bremerton WA 98337
Phone # 360-479-5600
Technical
Systems
Inc.
Corporate Office
2303 196'" Street SW
Lynnwood, WA 98036
Tel 425.775.5696
Reference: City of Port Orchard SCADA System — Melcher and 390 Booster Engineering
Services
Dear Brad:
Technical Systems, Inc. (TSI) is pleased to provide a scope for the above referenced
project.
Tasks:
A. Attend initial predesign development meeting with City staff and Art Anderson.
B. Conduct site visits. It is anticipated that one site visit will be needed for each of the
2 sites. During site visits, the City, Art Anderson, and TSI will discuss needed
upgrades and will define major system components and locations for control panels,
radio antennas and other needed improvements.
C. Prepare and Deliver Panel BOM and Drawings.
D. Prepare Pricing at the 90% and 100%, and Final Design Stages.
E. Submit pre -negotiated pricing and scope to be included in the Final bid documents.
F. Attend 90%, 100% and Final design review meetings, 3 total.
G. Address the City and Art Anderson review comments.
Pricing: Melcher Booster T&M not to exceed $46,480.00
390 Booster T&M not to exceed $55,800.00
This design is to be billed at time and materials not to exceed. Please call me if you have
any questions regarding this design scope.
Andrew Palmberg, P.E.
Technical Systems, Inc.
425-678-4104
andren&tsicontrols. com
Lynnwood, WA Dixon, CA Irvine, CA
DocuSign Envelope ID: 1CD83175-C302-4A98-A073-4C7922FFA57E
DRAFT
EXHIBIT A
441912*81SLY181L
MELCHER PUMP STATION RENOVATION AND 390 ZONE
BOOSTER STATION PROJECTS
ART ANDERSON
Background
Work proposed within this scope describes the capacity analysis, pump sizing, and model
confirmation of the selected pumps for the City of Port Orchard's Melcher Pump Station
Renovation and 390 Zone Booster Station projects. Murraysmith will work as a subconsultant to
Art Anderson (the Client) for this project.
Proposed Improvements
This scope of work involves model confirmation to assess the pump sizing and selection for two (2)
pump station projects within the City of Port Orchard's water system: the replacement of the
existing Melcher Pump Station and the construction of a new 390 Zone Booster Station. The
Melcher Pump Station conveys water, when required, from the 260 Zone to the 390 Zone, and
this project replaces the existing pump station equipment with new equipment sized the meet the
existing and projected system needs. The 390 Zone Booster Station will be a new pump station
designed to reduce dead storage in the Sedgwick and Old Clifton storage tanks by locally boosting
pressures to the services at elevation 300 feet and higher located near the intersection of Geiger
Road SE and SE Sedgwick Road.
Scope of Services
The proposed scope of services for the project has been developed based on our understanding
of the work to be performed. Murraysmith's proposed work is organized by the following tasks.
Task 1—
Project Management and Coordination
Task 2
— Pumping Capacity Analysis
Task 3
— System Curve and Pump Selection
Task 4—
Technical Memorandum
Art Anderson MURRAYSMITH Melcher & 390 Zone Booster Pump Stations
May 2022 1
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DRAFT
Task 1— Project Management and Coordination
1.1— General Project Management and Coordination
Provide management of Murraysmith staff, schedule, and budget. Prepare monthly invoices,
review budget and schedule, and perform general administrative tasks.
Keep the Client up to date on any plan issues or details and incorporate input into the work
product.
Assumptions
■ The Client will provide clear, concise, and timely input and review on the work products
produced by the consultant.
■ Two (2) hours per month have been budgeted for project management for the 6-month
project duration.
Deliverables
■ Monthly invoices including status report due to the Client's project manager.
1.2 —Quality Assurance & Quality Control (QA/QC)
Perform quality control review of deliverables.
Deliverables
■ No deliverables will be provided as part of this subtask.
Task 2 — Pumping Capacity Analysis
2.1 — 390 Zone Booster Station Service Area Analysis
Develop a proposed service area for the 390 Zone Booster Station within the existing water model.
It is expected that this service area will include services at elevation 300 feet and higher located
near the intersection of Geiger Road SE and SE Sedgwick Road. Analyze existing and project service
connections in this area, including future development in the area near the Sedgwick tank.
Calculate existing and projected water demands for this area. Evaluate maximum and minimum
projected service elevations for this area.
2.2 — Pump Station Capacity Analysis
Evaluate and recommend required pumping capacity for both the Melcher Pump Station and the
390 Booster Station. These analyses will utilize state and local design standards as well as planned
Art Anderson MURRAYSMITH Melcher & 390 Zone Booster Pump Stations
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operation of the pump station, considering pump runtimes, storage replenishment rates, closed
zone pressure and supply needs, fire flows, other sources of water, and supply redundancy.
Provided by the Client
■ Input on pump station capacity requirements and proposed operation
■ Input on 390 Zone Booster Pump Station service area
■ Information on proposed and projected development with the service area
■ Review of the existing and projected demand for the 390 Zone Booster Pump Station
service area
■ Review of the pump station capacity analysis tables
Assumptions
■ Up to two (2) 390 Zone Booster Pump Station service areas will be developed for Client
review and input.
Deliverables
■ 390 Zone Pump Station service area alternatives map in PDF format
■ 390 Zone Pump Station service area existing and projected demand tables in PDF format
■ Pump station capacity analysis tables for both the Melcher and 390 Zone Booster Pump
Stations
Task 3 —System Curve and Pump Selection
3.1 —System Curve
Conduct hydraulic modeling and develop system head curves based on detailed information on
the interior layout and size of piping, control valves, and meters within the pump station; also
consider existing and proposed offsite water main size, material, and age.
3.2 — Pump Sizing and Confirmation
Suggest pump sizing based on the model results and completed system head requirements. The
Client shall select the pump. Murraysmith will use the hydraulic model to analyze the effect that
the selected pumps will have on the system. No more than two (2) pumping alternatives will be
analyzed for each pump station.
Art Anderson MURRAYSMITH Melcher & 390 Zone Booster Pump Stations
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Provided by the Client
■ Input on equipment and operations preferences
■ Information on proposed 390 Zone Booster Pump Station site location
■ Review of the system curve and pump selections
Assumptions
■ The City's existing hydraulic model will be used to perform the analysis outlined in this
scope.
■ Model update and validation are not included with this scope; that work is anticipated to
occur under a separate contract with the City.
■ Up to (2) pump selections will be evaluated for the Melcher Pump Station and the 390
Booster Pump Station.
Deliverables
■ System curves and pump selections for both the Melcher and 390 Zone Booster Pump
Stations
Task 4 —Technical Memorandum
4.1 — Draft Technical Memorandum
Prepare a technical memorandum (memo) that documents the analyses. The memo will include a
summary of the 390 Zone Booster Pump Station service area development as well as the capacity
analysis, system curve, and pump selection for both the Melcher and 390 Zone Booster Pump
Stations.
4.1 — Final Technical Memorandum
Modify memo based on Client review comments and submit copies of final memo to Client.
Provided by the Client
■ Complete review of the memo and provide one (1) compiled, written set of comments.
Assumptions
■ No additional modeling will be required as part of this task.
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Deliverables
■ Draft and final memos will be submitted to the Client in Word and PDF formats.
Proposed Project Fee
Murraysmith proposes to complete the work as described above on a time and expenses basis as
summarized in the enclosed Fee Estimate, attached as EXHIBIT A. The total not -to -exceed amount
is based on the scope of work incorporated herein. The Fee Estimate is based on Murraysmith's
current Schedule of Charges, which is attached as EXHIBIT B.
Proposed Project Schedule
It is anticipated that this work will be completed within approximately six (6) months of receiving
Notice to Proceed, barring any significant delays by other parties. Final completion of this project
is anticipated in December 2022.
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MELCHER PUMP STATION RENOVATION PROJECT
ART ANDERSON
PROPOSED FEE ESTIMATE
6M
LABOR CLASSIFICATION
(HOURS)
Principal Engineer
III
Professional
Engineer V
Engineering
Designer III
Administrative III
Hours
Labor
Expenses
CADD Units $18/hr
GIS Units $10/hr
Total
Task 1- Project Management and Coordination
Task 1.1- General Project Management and Coordination
1
6
3
10
$ 1,781
$ -
$ -
$ -
$ 1,781
Task 1.2- Quality Assurance & Quality Control (QA/QC)
2
2
$ 526
$ -
$ -
$ -
$ 526
Task 1 Subtotal
3
6
0
3
12
$ 2,307
$
$
$
$ 2,307
Task 2- Pumping Capacity Analysis
Task 2.1- 390 Zone Booster Station Service Area Analysis
0
0
0
$ -
$ -
$ -
$ 80
$ 80
Task 2.2- Pump Station Capacity Analysis
1
2
6
9
$ 1,681
$ -
$ -
$ -
$ 1,681
Task 2 Subtotal
1
2
6
0
9
$ 1,681
$
$
$ 80
$ 1,761
Task 3 - System Curve and Pump Selection
Task 3.1- System Curve
1
4
16
21
$ 3,791
$ -
$ -
$ 320
$ 4,111
Task 3.2- Pump Selection
1
4
12
17
$ 3,099
$ -
$ -
$ 120
$ 3,219
Task 3 Subtotal
2
8
28
0
38
$ 6,890
$
$
$ 440
$ 7,330
Task 4- Technical Memorandum
Task 4.1- Draft Technical Memorandum
1
6
12
1
20
$ 3,605
$ -
$ -
$ -
$ 3,605
Task 4.2- Final Technical Memorandum
1
4
6
1
12
$ 2,187
$ -
$ -
$ -
$ 2,187
Task 4 Subtotal
2
10
18
2
32
$ 5,792
$
$
$
$ 5,792
TOTAL - ALL TASKS
16
51
5
91
$ 10679
$_. -
$_. -
$__.. 520
$ 17,190
Art Anderson Melcher Pump Station Renovation and 390 Zone Booster Station Projects
May 2022 Murraysmith Page 1
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