036-09 - Resolution - Contract with Pace Engineers, Inc. for Well 10 Pre-Design ReportIntroduced by:
Requested by:
Drafted by:
Public Works Director
Public Works Director
Public Works Director
Introduced:
Adopted:
RESOLUTION NO. 036-09
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE CONTRACT WITH PACE ENGINEERS,
INC FOR WELL NO. 10 PRE-DESIGN REPORT
April14, 2009
April14, 2009
WHEREAS, on March 11, 2009, the Utility Committee interviewed three (3)
firms selected from the 2009 Public Works Professional Services Roster and
unanimously selected Pace Engineers, Inc. for the Well No. 10 Pre-Design Report; and
WHEREAS, on March 20, 2009, the City of Port Orchard Public Works
Department met with Pace Engineers, Inc. to define the scope of services; and
WHEREAS, Pace Engineers, Inc. submitted a Proposal in an amount not to
exceed $135,000; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The City Council authorizes the Mayor to execute a contract
(Exhibit A incorporated herein by reference) with Pace Engineers, Inc.
for the Well No. 10 Pre-Design Report.
PASS ED by the City Council of the City of Pott Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 14th day of April 2009.
CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
COPO Contract No. C025-09
THIS Agreement is made effective as of the 14th day of Apri\2009, by and between
CITY OF PORT ORCHARD, WASHINGTON ("CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Lary Coppola Phone: 360.876.4407 Fax: 360.895.9029
and
Pace Engineers, Inc. ("CONSULT ANT")
11255 Kirkland Way, Suite 300
Kirkland, W A 98033
Contact: Marty Penhallegon, P.E. Phone: 425.827.2014 Fax: 425.827.5043
Tax Id No. 91-1553757
for professional services in connection with the following Project:
Well # 10 Pre-Design Report
TERMS AND CONDITIONS
l. Services by Consultant
A. Consultant shall perform the services described in the Scope of Work attached to this
Agreement as Attachments "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. Consultant shall perform the services described in the scope of work in accordance with the
Schedule attached to this contract as Attachments "A." If delays beyond Consultant's
reasonable control occur, the parties will negotiate in good faith to determine whether an
extension is appropriate.
B. Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed.
3. Terms. This Agreement shall commence on April 15, 2009 ("Commencement Date") and shall
terminate December 31, 2009 unless extended or terminated in writing as provided herein.
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4. Compensation
TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not
exceed $135,000.00 without written authorization.
5. Payment
A. Consultant shall maintain time and expense records and provide them to the City monthly,
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 sixty (60) days of receipt of a proper
invoice.
C. 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. If the services rendered do not meet the requirements of the Agreement, Consultant will
correct or modifY the work to comply with the Agreement. City may withhold payment for
such work until the work meets the requirements of the Agreement.
6. Discrimination and Compliance with Laws
A. 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. Consultant shall comply with all federal, state, and local laws and ordinances applicable to
the work to be done under this Agreement.
C. Consultant shall obtain a City of Port Orchard business license prior to receipt of written
Notice to Proceed.
D. Violation of this Paragraph 5 shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by City, in whole or in part, and
may result in ineligibility for further work for City.
7. Suspension and Termination of Agreement
A. This Agreement may be terminated by the City at any time upon the default of the Consultant
or upon public convenience, in which event all finished or unfinished documents, reports, or
other material or work of Consultant pursuant to this Agreement shall be submitted to City,
and 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. Consultant shall not be entitled to any reallocation of cost, profit or overhead.
Consultant shall not in any event be entitled to anticipated profit on work not performed
because of such termination. Consultant shall use its best efforts to minimize the
compensation payable under this Agreement in the event of such termination. If the
Agreement is terminated for default, the Consultant shall not be entitled to receive any further
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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.
B. The City may suspend this Agreement, at its sole discretion, upon one week's advance notice
to Consultant. Such notice shall indicate the anticipated period of suspension. 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
8. Standard of Care
Consultant represents and warrants that it has the requtstte trammg, 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 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.
9. Ownership of Work Product
All data materials, reports, memoranda, and other documents developed under this Agreement
whether finished or not shall become the property of City, shall be forwarded to City at its request
and may be used by City as it sees fit. Upon termination of this agreement pursuant to paragraph
6 above, all finished or unfinished documents, reports, or other material or work of Consultant
pursuant to this Agreement shall be submitted to City. City agrees that if it uses products
prepared by Consultant for purposes other than those intended in this Agreement, it does so at its
sole risk and it agrees to hold Consultant harmless therefore.
10. Indemnification/Hold Harmless
Consultant shall defend, indemnify and hold the City, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney
fees, arising out of or resulting from the acts, errors or omissions of the Consultant, its agents,
employees, or sub consultants in performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City. This indemnification and hold harmless shall apply
regardless of whether the claim is brought pursuant to the Worker's Compensation Act, RCW
Title 51, or otherwise, and the Consultant waives any immunity whatsoever with respect to such
indemnification.
11. Insurance
The Consultant shall procure and maintain for the duration of the Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
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A. Minimum Scope oflnsurance
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 fonn 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 as an 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 oflnsurance
Consultant shall maintain the following insurance limits:
1. Automobile Liabilitv 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. 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.
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
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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.
12. Assigning or Subcontracting
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.
13. Independent Contractor
Consultant is and shall be at all times during the term of this Agreement an independent
contractor.
14. Notice
Any notices required to be given by the City to Consultant or by Consultant to the City shall be in
writing and delivered to the parties at the following addresses:
Lary Coppola
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407
Fax: 360.895.9029
15. Disputes
Marty Penhallegon, P.E., President
Pace Engineers, Inc.
11255 Kirkland, Suite 300
Kirkland, W A 98033
Phone: 425.827.2014
Fax: 425.827.5043
Any action for claims arising out of or relating to this Agreement shall be governed by the laws of
the State of Washington. Venue shall be in Kitsap County Superior Court.
16. Attorneys Fees
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 attorney's
fees from the other party.
17. Extent of Agreement/Modification
This Agreement, together with attachments or addenda, represents the entire and integrated
Agreement between the parties hereto and supersedes all prior negotiations, representations, or
agreements, either written or oral. This Agreement may be amended, modified or added to only
by written instrument properly signed by both parties.
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CITY OF PORT ORCHARD, CONSULTANT
WASHINGTON
By :
By:
Name:
Title:
4 1 ~/0 1
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. .
_~n'ginhr.s -.1'. ~~_a·n.n,h'S"J .-S-~r\l._e_Y'ors
ATTACHMENTS A
AA fn!lineerifl!i Services Company
March 25, 2009
Mr. Mark R. Dorsey, P.E.
Public Works Director/City Engineer
City of Port Orchard
216 Prospect Street,
Port Orchard, WA 98366
Subject: Well 10, Pre-Design Report
Proposal for Professional Engineering Services -Scope of Work
Proposal No. POB 049
Dear Mr. Dorsey:
PACE Engineers Inc., (PACE) is excited to have been selected to assist the City with the pre-design
for Well1D and associated Treatment for Wells 6 and 10, and the Well 10 Transmission Main. To
identify the work elements for this project we met with you and discussed the pre-design elements.
Our proposed project team is as follows:
Sr Principal
Project Manager
Sr Principal Engineer
Modeler/ Author/Project Engineer
Project Engineer
Project Planner
Project Surveyor
Structural Engineer
Marty Penhallegon, PE
Dave Hutley, PE
Phil Beverly, PE
Paj Hwang, PE
John McAlpine, PE
Susan Boyd
David Fulton, PLS
Patrick Murphy, SE
We propose that the pre-design Scope of Work include the following work items:
Pre-design Phase
Task 1 Data Gathering and meetings
a. Meet with the Public Works Director for initial scoping meeting.
b. Review the Water Comp. Plan and record drawings for the well system.
c. Initial planning studies and updates
d. Talk to City staff and gather additional information.
• Sensitive Areas Map
• Current CIP/TIP (future projects)
• As-built drawings (as Necessary)
• Well 10 & Well 6 title reports supplied by City
e. Inspect existing concrete structures at Well 6 site.
PACE Engineers, Inc.
Kirkl11nd Office
11255 Kirkland Way 1 Sulle 300 ! Kirkland, WA &8033
p 425.827.2014 I (425.827.5043
Mr. Mark Dorsey, P. E.
City of Port Orchard
Well 10 Pre,Design Report, Scope of Work
March 25, 2009
Page 2
Task 2 Planning Documentation
a. Update needed source requirements for City and McCormick Woods service C'lrei3s.
b. Provide a chart/table showing the timing required for additional City source of supply.
Task 3 Conduct Water Treatment Pilot studies
a. Install 1+-inch hose connection to existing gate valve at wells 10 & 6 (City to
perform).
b. Install PACE pilot plant and set up. PACE to oversee testing, and the City crew will
run the pilot plant for up to one week for each well and take tests. (City to pay for
water quality tests.) We would recommend running a pilot study for both the Well 6
water and Well 10 water so any differences can be assessed.
c. Prepare report on findings and recommended treatment approach, with treatment
location, conceptual building layout, clear well size and repumping scheme.
Task 4 Conduct field survey of Well site and treatment plant sites
a. Provide site topography with 2-foot contours for Well 10 site and Well 6 site to
include adjacent areas (City to provide title report for each site).
b. Survey frontage road to water's edge for Well10, improvements on site, and existing
improvements on the well 6 site, etc.
Task 5 Transmission Main study-Well 10 to Well 6 site
a. Conduct hydraulic model analysis of Well 10 Transmission to verify pipe size and
pumping requirements (based on initial and future Well10 flows).
b. Prepare conceptual alignment drawing for the proposed route.
c. Identify issues for the alignment including traffic, utility conflicts, geotechnical,
sensitive areas, etc. (Siope(wall slippage issues along Perry Ave. to be covered under
a separate task).
d. Consider a waterfront boardwalk location.
e. Consider an alignment along south toe of Bay street for transmission location and
Perry Avenue location.
f. Prepare order of magnitude cost estimate for each route.
Task 6 Prepare Well 10 Alternatives
a. Consider impact of Well 10 site if treatment/pumping and stand-by power
improvements are constructed at Well 10.
b. Consider Well 10 pumping directly to the well 6 site where treatment of the water
will occur at well 6.
c. Select well pump type -consider current water rights of 500+ gpm and desired
future right of 1500+ gpm or more. Consider phasing of well pumps.
d. Identify site development requirements (building setback, etc.) for both welllO and
6 sites.
e. Prepare well/treatment building conceptual sketches.
f. Prepare conceptual plans for site and relationship to road and waterfront. (Note
general landscape plans).
g. Determine concept plan for controls to operate well pumps/treatment facility.
h. Prepare construction cost of various alternatives.
P:\P09\093i-l.OO Pvrl Orchard WelllO\Docs\032009 1--lLP WelllO Pre-Design Report.dO<:
Mr. Mark Dorsey, P. E.
City of Port Orchard
Well 10 Pre-Design Report, Scope of Worl<
March 25, 2009
Page 3
Task 7 Prepare Well 6 Alternatives
a. Assess the needed existing well 6 improvements.
b. Develop options to upgrade well 6 and associated structures and pumping.
c. Develop a plan to upgrade well 6, clearwell, treatment and pumping to the 260 &
390 zones (verify using hydraulic model alternatives).
d. Assess transmission options for pumping water to 390 Zone.
e. Consider Melcher Pump Station options and site issues.
Task 8 Prepare Treatment Plant Options for Wells 6 & 10-It is assumed the Treatment Facility
will be located on the City's Well 6 site near Maple Street and Dekalb Street.
a. Consider options for treatment of H2S (assumes no other water quality issues).
b. Layout conceptual building requirements, size, pumps, clear well, chlorination,
fluoridation, etc. (in combination with Task 6).
c. Layout conceptual piping and controls, etc.
d. Consider standby power options-Wells 10 and 6 locations.
Task 9 Permitting I Staff/Council Coordination
a. Identify all permits and approvals needed for various alternatives.
b. Attend 2 utility Committee meetings, one Council work session and one Council
meeting.
c. SEPA to be completed in Design phase of work.
Task 10 Prepare Required Project Report
a. Author Draft report (provide alternatives and recommendations).
b. Include conceptual plans ready to be Implemented in the final design phase.
c. Circulate for City comments to be incorporated.
d. Revise and incorporate all comments received.
e. Forward report to reviewing agencies including DOH after City approval to do so.
f. PACE will provide the City a maximum of 5 copies of various draft reports and 10
final copies and a digital disk for City to run additional copies as needed.
PROPOSED BUDGET
In summary, the costs for each individual Task are listed below:
Phase 1 -Pre-design Phase
• Task 1 Data Gathering & meetings
• Task 2 Planning Documentation
• Task 3 Conduct Water Treatment Pilot Studies
• Task 4 Conduct Field Surveying Well & Treatment Sites
• Task 5 Transmission Main Study Well 10 to Well 6 Site
• Task 6 Prepare Well 10 Alternatives
• Task 7 Prepare Well 6 Alternatives
• Task 8 Prepare Treatment Plant Options
• Task 9 Permitting/ Staff/Council Coordination
• Task 10 Prepare Report
Subtotal
P:\P09\09374.00 Port Orchard WeiiiO\Docs\032:009 MLP WelllO Pre-Design Report.doc
$ 14,970
$ 9,800
$ 13,280
$ 12,170
$ 15,900
$ 12,920
$ 4,810
$ 16,110
$ 14,510
$ 17.460
$ 131,930
Mr. Mark Dorsey, P. E.
City of Port Orchard
Well 10 Pre-Design Report, Scope of Work
March 25, 2009
Page 4
Technology Fee
USE Total:
--.-En_g_.jneers ,LPlann~rs .1_,·_~U1Ye_yo_~s
3.880
$ 135,810
$135.000
We propose to complete the work as described in this proposal for a lump sum of $135,000 without
further approval. If the City directs additional work to be performed, that work would be billed on a
T&M or agreed lump sum basis as agreed. The budget breakdown establishing this budget is
attached as Exhibit A. We anticipate needing approximately six (6) months to complete the pre-
design study from the date the City issues the notice to proceed to PACE.
We will bill monthly based on percentage of work complete and provide progress reports as
requested by the City. Any additional services billed on a T&M basis would be at our current rates.
Our 2009 rates are attached. PACE can also assist the City in obtaining funding for design and
construction phases of this project. This work would be at aT & M arrangement.
A summary of the items to be supplied to PACE by the City is as follows:
• Copies of Wells 6 and 10 as-built plans, reports and documentation.
• Other associated project information
• Title reports for the Wells 6 & 10 sites.
• Provide l-inch threaded hose connection at Wells 6 & 10 site for water treatment testing
• Provide staff time to operate pilot treatment plant for testing and taking tests.
• Pay for water quality testing
• Staff time to timely review options and provide direction on consultant's work
• Pay for any State or other review costs.
We look forward to working with you on this project. Please let me know if you have any questions.
Sincerely,
PACE E .. ng~·n. eers, In .
/) )7~~\ 1_,1~
Marty Penhallegon, ;; (/
President
Attachment
P:\1'09\09374.00 Port Ot<hard WelllO\DocS\0320[)9 MLP We!l 10 Pre-Design Report.doc
PACE Engineers Project Budget Worksheet· 2008 Standard Rates
Location: I city ofPOf1 Orc~ard I Prepa~ed By.JMlP I Task #:!see below I Dale: :15-Mar..f.IS
labor Hours tJy Classification
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SurvayTech1 2-Man Sr Project Sll\ldural Cad Oraner j Sf Pm~ J Projl?{;\ j PtCJieCt P"'l"t
Engirleef Engineer Engineer I ttt i Surveyor · Man<r;ler · Surveyor It ! Survey Crew Admlnlslrator I Hour
6() 0 0 8 8 10
8 4 40 8
8 40 0 0 0 " 2 0 i 6 8 40 31
20 0 0 0 40 12 .,
20 4 16 0 24 0 24
8 0 ' 0 " 0 4
24 0 " 8 40 31 6
40 0 0 16 20 8 8 2
18 12 0 4 40 20 24 16
File: 03Z509wcll6&106udget Eslimate..~:ls, Fee Worksheet P1ge 1 ol1 Prinled: 312512\109, 8;54 AM