The URL can be used to link to this page

098-22 - Resolution - Contract with Parametrix for Sewer Lift Station UpgradesDocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039 RESOLUTION NO.098-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. C112-22 WITH PARAMETRIX, INC. FOR CONSULTANT SERVICES FOR SEWER LIFT STATION CONTROLS UPGRADES PROJECT AND DOCUMENTING PROFESSIONAL SERVICES PROCUREMENT PROCEDURES. WHEREAS, the City Public Works Department has identified a need to upgrade lift station controls to better monitor and maintain its lift stations; and WHEREAS, the City applied for and was awarded a Public Works Board loan (C090-21) to fund this project; and WHEREAS, the City desires the assistance of a consultant with expertise in sewer lift station design and rehabilitation to design the upgrades; and WHEREAS, on June 30, 2022, pursuant to the City's Procurement Procedures Policies adopted as Resolution No. 036-22, as amended, the City's Public Works Department established a list of qualified consultants for the project from the MRSC 2022 Consultant Roster for the Main Category — Engineering Services and Sub -Category — Pump Station Design and Rehabilitation — Municipal Sewer Systems; and WHEREAS, on June 30th, 2022, the City's Public Works Department selected four (4) qualified engineering consultants from the MRSC 2022 Consultant Roster; and WHEREAS, on July 5, 2022, after reviewing the Statement of Qualifications and scoring the consultants, based upon overall qualifications the City's Public Works Department selected Parametrix, Inc., as the responsible and responsive consultant for the project; and WHEREAS, on July 11, 2022, August 2, 2022, and again on August 30,2022, Public Works Staff met with Parametrix, Inc., to clarify the project understanding, the associated contract terms and scope and fees; and WHEREAS, on September 16, 2022, the Parametrix, Inc provided the City's Public Works Department with a viable proposal; and WHEREAS, upon completion of the Bidder's Checklist on September 26, 2022, the City's Public Works Department recommends the City Council approve of Parametrix, Inc. for the Sewer Lift Station Controls Upgrades Project; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; now, therefore, DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039 Resolution No. 098-22 Page 2 of 25 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves and authorizes the Mayor to sign a Contract No. C112- 22 with Parametrix, Inc. for the Sewer Lift Station Controls Upgrades Project, representative copy attached as Exhibit A. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 111" day of October 2022. L uSigned by: ,v�- Pt�al &SWu, E9BB5BBEi4E ... Robert Putaansuu, Mayor ATTEST: Jenine Floyd, CIVIC, Deputy City Clerk DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the I Ith day of October 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 Parametrix, Inc., a corporation, organized under the laws of the State of Washington, doing business at: 1019 39" Ave, SE, Suite 100 (hereinafter the "CONSULTANT") Puyallup, WA 98374 Contact: Howard Hillinger Phone:206-394-3651 Email:hhillinger@parametrix.com for professional services in connection with the following Project: Sewer Lift Station Controls Upgrade Project TERMS AND CONDITIONS 1. Services by Consultant. A. The Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. 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 in the Scope of Work in accordance with the tasks identified within Exhibit "A" 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. B. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. City of Port Orchard and Parametrix, Inc Professional Service Agreement Contract No. C112-22 U:\3_Capital Improvement Program\B_ActiveProjects\SewerUtiliry\Sewer Lift Station Controls Upgrades\4_Consultant Contract\Contract\C112-22 Parametrix _Sw_lft_st_cntrl JB.docx Rev 7/18/2019 Page 1 of 23 DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039 3. Terms. This Agreement shall commence on October 11, 2022 ("Commencement Date") and shall terminate 12/31/2023 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. 11 Compensation. LUMP SUM. Compensation for these services shall be a Lump Sum of $ ❑k TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $195,220.00 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B." ❑ 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. 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. City of Port Orchard and Parametrix, Inc Professional Service Agreement Contract No. C112-22 U:\3_Capital Improvement Program\B_ActiveProjects\SewerUtiliry\Sewer Lift Station Controls Upgrades\4_Consultant Contract\Contract\C112-22 Parametrix_Sw_lft_st_cntrl JB.docx Rev 7/18/2019 Page 2 of 23 DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039 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. 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. City of Port Orchard and Parametrix, Inc Professional Service Agreement Contract No. C112-22 U:\3_Capital Improvement Program\B_ActiveProjects\SewerUtiliry\Sewer Lift Station Controls Upgrades\4_Consultant Contract\Contract\C112-22 Parametrix_Sw_lft_st_cntrl JB.docx Rev 7/18/2019 Page 3 of 23 DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039 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. 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. City of Port Orchard and Parametrix, Inc Professional Service Agreement Contract No. C112-22 U:\3_Capital Improvement Program\B_ActiveProjects\SewerUtiliry\Sewer Lift Station Controls Upgrades\4_Consultant Contract\Contract\C112-22 Parametrix_Sw_lft_st_cntrl JB.docx Rev 7/18/2019 Page 4 of 23 DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039 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 negligent 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. 2. Commercial General Liability 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 Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: City of Port Orchard and Parametrix, Inc Professional Service Agreement Contract No. C112-22 U:\3_Capital Improvement Program\B_ActiveProjects\SewerUtiliry\Sewer Lift Station Controls Upgrades\4_Consultant Contract\Contract\C112-22 Parametrix_Sw_lft_st_cntrl JB.docx Rev 7/18/2019 Page 5 of 23 DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039 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 Liability 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 Liability 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's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 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. 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. City of Port Orchard and Parametrix, Inc Professional Service Agreement Contract No. C112-22 U:\3_Capital Improvement Program\B_ActiveProjects\SewerUtiliry\Sewer Lift Station Controls Upgrades\4_Consultant Contract\Contract\C112-22 Parametrix_Sw_lft_st_cntrl JB.docx Rev 7/18/2019 Page 6 of 23 DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039 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 CONSULTANT Mayor Parametrix, Inc 216 Prospect Street 719 2trd Ave #200 Port Orchard, WA 98366 Seattle, WA 98104 Phone: 360.876.4407 Phone: 206-394-3700 Fax: 360.895.9029 Fax: 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 party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. 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 City of Port Orchard and Parametrix, Inc Professional Service Agreement Contract No. C112-22 U:\3_Capital Improvement Program\B_ActiveProjects\SewerUtiliry\Sewer Lift Station Controls Upgrades\4_Consultant Contract\Contract\C112-22 Parametrix _Sw_lft_st_cntrl JB.docx Rev 7/18/2019 Page 7 of 23 DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039 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 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. 5. 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 City of Port Orchard and Parametrix, Inc Professional Service Agreement Contract No. C112-22 U:\3_Capital Improvement Program\B_ActiveProjects\SewerUtiliry\Sewer Lift Station Controls Upgrades\4_Consultant Contract\Contract\C112-22 Parametrix_Sw_lft_st_cntrl JB.docx Rev 7/18/2019 Page 8 of 23 DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039 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. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, WASHINQNd ny: uV pINAaIn mk By: Ft�ocu oRMYEffuu, Mayor ATTEST/AUTHENTICATE: Hid for Brandy Wallace, MMC, City Clerk APPROVk ASd n O FORM: By: oifOY'M5 'City Attorney's Office CONSULTANT By: C !/ Name: JC Hungerford, PE Title: Water Division Manager City of Port Orchard and Parametrix, Inc Professional Service Agreement Contract No. C112-22 U:\3_Capital Improvement Program\B_ActiveProjects\SewerUtiliry\Sewer Lift Station Controls Upgrades\4_Consultant Contract\Contract\C112-22 Parametrix_Sw_lft_st_cntrl JB.docx Rev 7/18/2019 Page 9 of 23 DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039 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 Parametrix, Inc Professional Service Agreement Contract No. C112-22 U:\3_Capital Improvement Program\B_ActiveProjects\SewerUtiliry\Sewer Lift Station Controls Upgrades\4_Consultant Contract\Contract\C112-22 Parametrix_Sw_lft_st_cntrl JB.docx Rev 7/18/2019 Page 10 of 23 DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039 Parametrix ENGINEERING. PLANNING. ENVIRONMENTAL SCIENCES SCOPE OF WORK City of Port Orchard Sewer Lift Station Controls Upgrade PROJECT OVERVIEW Exhibit A The City of Port Orchard (City) desires to make electrical and controls improvements to six existing sewer lift stations. The lift stations and improvements are listed in Task 03 below. This scope of work includes services for field investigation, design, bid support, and construction management in support of this project. GENERAL ASSUMPTIONS The following assumptions apply to this entire scope of work. Any deviations from these assumptions may require an amendment to the portion of the scope and budget that is impacted by changes: • The total Project Duration will not exceed 13 months from the Notice to Proceed date. • Project budget is based on information available at the time the scope was created. Additional budget may be required after completion of Task 02 — Site Visits/Data Collection. • A single set of bid documents will be generated for all lift stations, and the project will be publicly bid as a single construction contract. • Plans, specifications, and estimates will be provided by Parametrix (Consultant) in City Standard formats using City templates where available. City Standard WSDOT specifications will be modified as appropriate to the project and supplemented with technical specifications in CSI format. • Lift Station control panel design for this project will be consistent with the City Sewer Lift Station Control Panel Standards. This project does not include detailed design of control panels. • The Consultant will be the lead observer and construction manager for the project. • Washington State Labor and Industries will be responsible for all electrical inspections. The Consultant will provide the following services: PHASE 1 — LIFT STATION ELECTRICAL IMPROVEMENTS TASK 01 Project Management and Meetings Objective Monitor and manage scope, schedule, and budget as well as periodically meeting with the project team and City to review project status. City of Port Orchard Sewer Lift Station Controls Upgrade 999-1589-999 September 2022 Page 11 of 23 DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039 SCOPE OF WORK (continued Activities • Manage and direct the Consultant project design team including subconsultants. • Provide routine internal project management and communications (scope, schedule, budget, invoicing, etc.). • Prepare and submit progress reports and progress billings. • Schedule, prepare for, attend, and document the Project Kickoff Meeting (Meeting D1). Assumptions • The Project Kickoff Meeting will be conducted at the City or remote via Teams meeting and will include up to two Consultant staff for up to 6 hours each, including travel time. Deliverables • Project Schedule (Electronic only, Microsoft Project format). • Monthly progress reports, including a progress letter and invoice, complying with City of Port Orchard format requirements. TASK 02 Site Visits/Data Collection Objective Collect and review existing documentation for all lift stations and conduct a site visit to each station to gather data to support detailed design. Activities • The City will provide available known documentation of all existing lift stations to the Consultant. Prior to scheduling site visits, the Consultant will review the available information to help inform the site visits. • Up to S days will be spent performing site visits to all lift stations included in the project. (Meeting D2) to allow for site measurements and review of the existing lift station electrical and controls systems. Assumptions • The City will provide available record drawings and other available data regarding the current layout and operation of the existing lift stations within 1 week of Notice to Proceed for this Task Order. • For budgeting purposes, it is assumed that the lift station site visits will include one Consultant staff for up to 40 hours, including travel time. • Appropriate City staff will be available to provide site access, attend site visits, and assist with confined space entry with reasonable notice. Site visits will be scheduled in full -day increments. • Site survey will be performed at the Eagle Crest Lift Station for the addition of the standby generator. Additional survey and budget may be required once site visits and existing site conditions have been completed. Deliverables • None — Site findings will be incorporated in the design deliverables. City of Port Orchard Sewer Lift Station Controls Upgrade 999-1589-999 September 2022 Page 12 of 23 DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039 SCOPE OF WORK (continued TASK 03 Design The design tasks for this project have been budgeted assuming the following improvements at the following lift stations: Lift Station Replace Control Panel Other Improvements Eagle Crest x Add standby generator Golden Pond x Cedar Heights x Tremont Place x Flower Meadows x Sedgwick (Bravo Terrace) x The design will reference the City's Sewer Lift Station Panel Standards for lift station control panel design, and the full text and drawings for these standards will be included as an appendix to the specification document. As a starting point, the lift station design will reflect the recent Haven Lift Station project. Subtask 03.01 — 30% Design Objective Based on the information collected in Task 02, prepare 30% draft design for the project. Activities • The Consultant will develop 30% Washington State Department of Transportation (WSDOT) specifications, a CSI specification list, 30% draft design drawings, and preliminary Engineers Opinion of Probable Construction Cost (EOPCC) for the project. The 30% draft design will be sufficient to communicate the design concept for review by the City. • The Consultant will perform internal quality control review of the 30% deliverable package prior to submittal to the City. • The Consultant will perform one round of minor revisions to the Lift Station Control Panel Standards to address changes requested by the City. 0 30% Design Review Meeting (Meeting D3) —The Consultant will attend the 30% design review meeting to resolve any design issues discovered during the documentation review and site visits, review the 30% draft design with the City, and document comments to be addressed as design moves forward. Assumptions Photographs taken during the site visits will be used as design background for existing equipment and electrical panels on design drawings; detailed drawings of the existing lift stations, electrical panels, and equipment will not be developed as part of this project. The 30% submittal sheets will be stamped by a professional engineer licensed in the State of Washington but will not be signed or dated. • The 30% Design Review Meeting will be conducted at the City and will include up to two Consultant Staff for up to 4 hours each, including travel time. City of Port Orchard 999-1589-999 Sewer Lift Station Controls Upgrade 3 September 2022 Page 13 of 23 DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039 SCOPE OF WORK (continued • Client to review 90% design and return comments to the consultant within business 14 days. • Any comments made on the 30% draft design will be addressed in the 90% Design task. Deliverables • 30% draft Drawings, as listed in Exhibit D (electronic only, PDF format). • 30% WSDOT specifications (electronic only, Word format). • 30% EOPCC (electronic only, PDF and Excel format). • Anticipated CSI Specification List (electronic only, PDF and Word format). • Revised Sewer Lift Station Control Panel Standards (electronic only, PDF, Word, and CAD formats as applicable). Subtask 03.02 — 90% Design Objective Complete 90% near -final plans, specifications, and cost opinion for the project. Activities • The Consultant will develop 90% near -final specifications, plans, and EOPCC for the project. Comments received on the 30% draft design will be addressed in the 90% deliverables. • The Consultant will perform internal Quality Control review of the 90% deliverable package prior to submittal to the City. • 90% Design Review Meeting (Meeting D4)- The Consultant will attend the 90% design review meeting to review the 90% design with the City and document comments to be addressed as design moves forward. Assumptions • The 90% submittal sheets will be stamped by a professional engineer licensed in the State of Washington but will not be signed or dated. • The 90% design review meeting will be conducted at the City of Port Orchard and will include up to two Consultant staff for up to 4 hours each, including travel time. • Client to review 90% design and return comments to the Consultant within business 14 days. • Any comments made on the 90% submittal will be addressed in the final design submittal. Deliverables • Comment response log addressing the 30% review comments (electronic only, Excel format). • 90% Plans as described in Exhibit D (electronic only, PDF format). • 90% Specifications (electronic only, PDF and Word format). • 90% EOPCC (electronic only, PDF and Excel format). City of Port Orchard 999-1589-999 Sewer Lift Station Controls Upgrade 4 September 2022 Page 14 of 23 DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039 SCOPE OF WORK (continued Subtask 03.03 — Final Bid Documents Objective Complete bid ready final plans, specifications, and cost opinion for the project. Activities • The Consultant will develop final plans, specifications, and EOPCC for the project. Comments received on the 90% Check Set will be addressed in the final documents. • The Consultant will perform internal quality control review of the final bid documents prior to submittal to the City. Assumptions • There will be no additional comments from the City on the final documents; all City comments will be provided at the 90% review. • The final bid documents will be stamped and signed by a professional engineer licensed in the State of Washington. Deliverables • Comment response log addressing the 90% review comments (electronic only, Excel format). • Final plans as described in Exhibit D. One set full size (22- x 34-inch) drawings on bond paper, electronic (PDF and CAD formats). • Final specifications (electronic only, PDF and Word format). • Final EOPCC (electronic only, PDF and Excel format). TASK 04 Bid Support Objective Assist the City as needed in the bidding process up to the estimate of effort identified in Exhibit B. Activities • The Consultant will assist the City in responding to bidder inquiries as needed. Assumptions • The Consultant will provide up to four bid clarifications and two addenda for the project. • The City will be responsible for advertising the project, posting bid documents, and maintaining the plan holder list. • The City will issue and distribute any and all bid clarifications and addenda for the project. • The City will prepare the bid tabulation for the project. City of Port Orchard 999-1589-999 Sewer Lift Station Controls Upgrade 5 September 2022 Page 15 of 23 DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039 SCOPE OF WORK (continued Deliverables • Responses to bidder inquiries in appropriate electronic format. TASK 05 Construction Support Subtask 05.01 — Submittal and RFI Review Objective Provide support for the review of contractor submittals and request for information (RFIs). Activities • The Consultant will review contractor submittals and RAS as requested by the City, up to the hour limit identified in Exhibit B. Assumptions • Electrical materials and equipment will be provided by the contractor as one conformed submittal. I&C equipment will be provided by the contractor as one conformed submittal. Review of two resubmittals is assumed for these large, conformed submittals. • The City will transmit all submittal comments and RFI responses to the contractor. Deliverables • Submittal review comments in electronic (Bluebeam) format. Subtask 05.02 — Construction Observation Objective As needed, assist the City with construction observation as requested by the City, up to the estimate of effort identified in Exhibit B. The observation is intended to monitor the contractor's electrical- and controls -related construction activities to verify that work takes place in accordance with the contract documents. Activities • The Consultant will provide up to six construction observation site visits during the construction phase of the work. • Photograph construction progress as appropriate. • Identify and notify City of issues noted with the construction. Assumptions • Each visit is limited to one Consultant personnel for a total of 4 hours including travel time and documentation. • The construction observation is intended to supplement, but not take the place of, the City's construction inspection efforts. City of Port Orchard 999-1589-999 Sewer Lift Station Controls Upgrade 6 September 2022 Page 16 of 23 DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039 SCOPE OF WORK (continued • The Consultant's inspection is for compliance with the contract documents and does not replace or supersede required electrical compliance inspection by the Washington Department of Labor and Industries. Deliverables • Field reports for each site visit, including site photographs as appropriate, in electronic PDF format. Subtask 05.03 — Construction Management/Owner's Representative The construction manager will monitor the contractor during construction activities or as agreed upon in the scope of work. Services provided under this task may include, but are not limited to the following: • Attendance at Preconstruction Meeting and weekly meetings, as needed. • Review of on -site project progress. This will be documented in the inspector's reports and field note records. • Documentation of pay quantities using Field Note Records, if required. • Verification of the contractor's work for compliance with the contract and City standards. • Documentation of construction progress, potential problems, and identified problems with photos and/or videos. • Upon substantial completion of the project, Parametrix staff along with appropriate City staff will perform a punch list walk-through of the entire project. The purpose is to itemize all miscellaneous uncompleted work items and/or faulty workmanship items that would need to be addressed before final acceptance of the project. Parametrix will document the list of outstanding items and coordinate with the contractor to expedite the completion. Deliverables • Observation reports. • Field note records. • Project photos. Assumptions • Total construction time will not exceed 52 weeks. • Any change orders that require additional contract time may require additional time or costs associated with this subtask. • Workdays will not exceed 8 hours per day or 40 hours per week. Weekend observation beyond 40 hours per week is not included in this scope of work. City of Port Orchard 999-1589-999 Sewer Lift Station Controls Upgrade 7 September 2022 Page 17 of 23 DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039 SCOPE OF WORK (continued PROJECT MEETINGS AND DELIVERABLES Table 1. Project Meetings Meeting Number Meeting Name Design Services D1 Project Kickoff Meeting D2 Data Collection Site Visits D3 30% Draft Design Review Meeting D4 90% Design Review Meeting Construction Services C1 Preconstruction Meeting C2 Construction Phase Coordination Meeting Design services will include the following project deliverables • Project schedule • Monthly progress reports/invoices • Panel standards update • 30% Draft design • 30% comment response sheet • Probable construction cost (ECPCC) • 90% Draft design • 90% comment response sheet • Final bid documents • Responses to bidder inquiries Construction Services will include the following project deliverables: • Submittal/RFI review comments City of Port Orchard 999-1589-999 Sewer Lift Station Controls Upgrade 8 September 2022 Page 18 of 23 DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039 SCOPE OF WORK (continued EXHIBI i BUDGET The total compensation for this Task Order shall not exceed $195,220.00 as outlined in the attached budget spreadsheet (Exhibit 131). City of Port Orchard Sewer Lift Station Controls Upgrade 999-1589-999 September 2022 Page 19 of 23 DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039 Client: City of Port Orchard Project: Sewer Lift Station Controls Upgrade Project No: 999-1589-999 Exhibit 131 EMMMMOMEMMEEME Task SubTask Description Labor Dollars Labor Hours Data Collection and Review 30% Standards Update 30% Drawings 30% Review Meeting (D3) 90% Drawings 90% Review Meeting (D4) Final Bid Documents Update EOPCC Submittal and RFI Review construction Observation Site Vishts Labor Totals: 186342.98 1031 48 40 40 160 2 40 200 16 365 40 8 8 12 52 Totals: $186,342.98 $6,379.20 $4,968.80 $3,386.80 $43,084.80 $292.80 $5,692.00 $31,820.00 $4,189.12 $63,225.30 $5,555.40 $1,579.04 $984.56 $3,016.32 $12,169.04 Applied Professional Services Inc $1,012.00 Subconsultant $5,750.00 Subconsultants Total: $6,762.00 Other Direct Expenses Mileage $1,475.02 Survey Equipment ($160/Use( $640.00 Other Direct Expenses Total: $2,115.02 Project Total $195,220.00 Page 20 of 23 DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039 SCOPE OF WORK (continued EXHIBIT C SCHEDULE Days are working days. Schedule dates indicate delivery from the Consultant to the City by close of business on the last day of the stated duration. City Provide Existing PS Documentation: Review Documents, Schedule and Perform Site Visits Submit 30% Deliverable Package: Submit 90% Deliverable Package: Submit Final Deliverable Package: City of Port Orchard Sewer Lift Station Controls Upgrade 10 days following Notice to Proceed 30 days following Receipt of Documentation 30 days following Completion of Site Visits 60 days following Review of 60% Draft Design 30 days following Receipt of 90% Comments 999-1589-999 September 2022 Page 21 of 23 DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039 SCOPE OF WORK (continued City of Port Orchard Sewer Lift Station Controls Upgrade EXHIBIT D ANTICIPATED DRAWINGS 999-1589-999 September 2022 Page 22 of 23 DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039 EXHIBIT D Lift STATION ELECTRICAL IMPROVEMENTS ANTICIPATED DRAWINGS Dwg Type Description 30% 90%/Final G1 Cover Sheet/Overall Vicinity Map X X G2 Site Map (Showing all 6 locations) X X Cl Notes and Legend X X C2 Site Plan - Eagle Crest X C3 Grading, Drainage & TESC Plan X E1 Electrical Legend and Abbreviations X X E2 Eagle Crest LS Demolition X E3 Eagle Crest LS Details X X E4 Golden Pond LS Demolition X E5 Golden Pond LS Details X X E6 Cedar Heights LS Demolition X E7 Cedar Heights LS Details X X E8 Tremont Place LS Demolition X E9 Tremont Place LS Details X X E10 Flower Meadows LS Demolition X E11 Flower Meadows LS Details X X E12 Sedgwick (Bravo Terrace) LS Demolition X E13 Sedgwick (Bravo Terrace) LS Details X X E14 Typical LS Interconnect Diagram X X E15 Conduit and Cable Schedules X E16 Conduit and Cable Schedules X E17 Panel Elevations X E18 Electrical Sections and Details X Page 23 of 23