HomeMy WebLinkAboutProfessional Services Agreement with SPF Water Engineering for WWTP Operations and Maintenance Manual~~i~E IDIAN~--
~1lb1iC IDAHO
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Clint Dolsby, Assistant City Engineer
DATE: 10/29/09
SUBJECT: AGREEMENT FOR WASTEWATER TREATMENT PLANT
OPERATIONS AND MAINTENANCE MANUAL
I. RECOMMENDED ACTION
A. Move to:
Mayor Tammy de Weerd
etity eo~all Meml~rq
Keith Bird
Brad Hoaglun
Chary Rountree
Drnrld Zaremba
1. Approve the Agreement for Wastewater Treatment Plant Operations and
Maintenance Manual with SPF Water Engineering, LLC for anot-to-exceed
cost of $22,000.
2. Authorize the Mayor to sign the agreement.
II. DEPARTMENT CONTACT PERSONS
Place names, titles, and phone numbers of the Persons involved in Descending Order:
Tom Barry, Director of Public Works 489-0372
Warren Stewart, PW Engineering Manager 489-0350
Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341
III. DESCRIPTION
A. Background
The City of Meridian's last comprehensive update to the operation and
maintenance manual for the wastewater treatment plant was completed several
~ years ago, prior to the Wastewater Treatment Plant Expansion and Biosolids
1 Improvement Projects. Presently there are a multitude of operation and
Page 1 of 3
maintenance manuals for different components of the wastewater treatment plant
without a centralized manual that ties them together.
B. Proposed Project
This task order will enable SPF Water Engineering, LLC to develop a
comprehensive operations and maintenance manual for the wastewater treatment
plant. This will compile the operation and maintenance manuals into a central
document and serve as a guide for the wastewater treatment plant staff.
C. Consultant Selection
The consultant selected for this project has hired several wastewater professionals
that are familiar with the Meridian Wastewater Treatment Plant. They were
chosen due to their familiarity with the plant and quality of the work they have
completed in the past.
IV. IMPACT
A. Strategic Irilpact:
This activity aligns with our department's vision of providing information that is
centralized and processes that are streamlined and automated.
B. Service/Delive~_~act:
An updated operations and maintenance manual for the wastewater treatment
plant will increase efficiencies, help with operator succession and training and if
utilized effectively will likely improve the overall operation at the plant.
C. Fiscallmpact:
Project Costs
Consultant Agreement Time and Materials Not-to-exceed $22,000
Total Time and Materials Not-to-exceed $22,000
Project Funding
Project will be funded from WWTP Consulting (3500-55103) $22,000
V. ALTERNATIVES
A. The City may choose to postpone the completion of an overall operation and
maintenance manual for the wastewater treatment plant. The plant would not
realize the improvements to their processes, efficiencies and standard operating
procedures.
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B. Wastewater treatment plant staff could utilize existing staff to compile and
update the operation and maintenance manual. Due to staff time constraints
this would likely delay the completion of the operation and maintenance
manual several months. Additionally, the use of an outside consultant provides
the plant with a fresh perspective on the operations and maintenance manual
that will be missing if the City performs the work in house.
VI. TIME CONSTRAINTS
Council's approval will allow the City to complete the operation and maintenance
manual for the wastewater treatment plant in a timely manner.
VII. LIST OF ATTACHMENTS
A. Agreement for Wastewater Treatment Plant Operations and Maintenance
Manual with SPF Water Engineering, LLC.
Approved for Council Agenda:
Tom Barry, Director of Public Works Date
Page 3 of 3
AGREEMENT
FOR
WASTEWATER TREATMENT PLANT
OPERATIONS AND MAINTENANCE MANUAL
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this day of
OCTOBER , 2009, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho, hereinafter referred to as
"CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and SPF WATER
ENGINEERING, LLC, hereinafter referred to as "ENGINEER", whose business address
is 300 E MALLARD, STE. 350, BOISE, ID 83706.
INTRODUCTION
Whereas, the City has a need for Engineering Services to be defined by
individual Task Orders titled as WASTEWATER TREATMENT PLANT OPERATIONS
AND MAINTENANCE MANUAL, which will set forth Specific Services, Time of
Performance and Payment.; and
WHEREAS, the ENGINEER is specially trained, experienced and
competent to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Services:
1.1 ENGINEER shall perform and furnish to the City upon execution of
this Agreement and associated Task Order(s) and receipt of the City's
written notice to proceed, all services, and comply in all respects, as
specified in the corresponding Task Order(s) and incorporated herein by
this reference, together with any amendments that may be agreed to in
writing by the parties.
1.2 All documents or materials acquired or produced by the ENGINEER
in conjunction with the project shall become the property of, and be
delivered to, the CITY without any restrictions or limitations with respect to
their further use thereof. All documents or materials prepared for the
CITY shall not be distributed by the ENGINEER, sub-engineer's, their
agents, representatives or employees to any third party without the
express written consent of the CITY. Use of these documents by the
CITY on any other project, without written verification or adaptation by the
Agreement for Professional Services Wastewater Treatment Plant Operations & Maintenance Manual Page 1 of 9
ENGINEER for the specific purpose intended, will be at the City's sole risk
and shall be without liability or legal exposure to the ENGINEER. The
CITY shall indemnify and hold harmless the ENGINEER from all claims,
damages, losses and expenses including attorney's fees arising out of or
resulting from the use of such documents. Any verification or adaptation
will entitle the ENGINEER to further compensation at rates to be agreed
upon by the CITY and the ENGINEER."
1.3 The ENGINEER shall provide services and work under this
Agreement consistent with the requirements and standards established by
applicable federal, state and city laws, ordinances, regulations and
resolutions. The ENGINEER represents and warrants that it will perform
it's work in accordance with generally accepted industry standards and
practices for the profession or professions that are used in performance of
this Agreement and that are in effect at the time of performance of this
Agreement. Except for that representation and any representations made
or contained in any proposal submitted by the ENGINEER and any
reports or opinions prepared or issued as part of the work performed by
the ENGINEER under this Agreement, ENGINEER makes no other
warranties, either express or implied, as part of this Agreement.
1.4 Services and work provide by the ENGINEER at the City's request
under this Agreement will be performed in a timely manner in accordance
with a Schedule of Work, which the parties hereto shall agree to. The
Schedule of Work may be revised from time to time upon mutual written
consent of the parties.
2. Consideration
2.1 The ENGINEER shall be compensated per the attached "Schedule
of Hourly Billing Rates" for aNot-to-Exceed amount of twenty-two
thousand dollars ($22,000.00). This amount includes work to be
completed by Engineer and sub contractors .
2.2 The ENGINEER shall provide the City with a monthly statement, as
services warrant, of fees earned and costs incurred for services provided
during the billing period, which the City will pay within 30 days of receipt of
a correct invoice and approval by the City. The City will not withhold any
Federal or State income taxes or Social Security Tax from any payment
made by City to ENGINEER under the terms and conditions of this
Agreement. Payment of all taxes and other assessments on such sums is
the sole responsibility of ENGINEER.
2.3 Except as expressly provided in this Agreement and corresponding
Task Orders, ENGINEER shall not be entitled to no receive from the City
any additional consideration, compensation, salary, wages, or other type
of remuneration for services rendered under this Agreement., including ,
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but not limited to, meals, lodging, transportation, drawings, renderings or
mockups. Specifically, ENGINEER shall not be entitled by virtue of this
Agreement to consideration in the form of overtime, health insurance
benefits, retirement benefits, paid holidays or other paid leaves of
absence of any type or kind whatsoever.
3. Time of Performance:
The Engineer anticipates the Draft Review O&M Manual will be completed
within 60 days of notice to proceed and the Final O&M manual will be
prepared within 30 days of receiving comment(s) from the Owner and
DEQ. Actual completion time will be dependent on receipt of available
data from the Owner.
This agreement shall become effective upon execution by both parties,
and shall terminate December 31, 2009 or at completion of services,
whichever occurs first. This Agreement shall terminate automatically on
the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale
of Engineers business.
4. Independent Contractor:
4.1 In all matters pertaining to this agreement, ENGINEER shall be
acting as an independent contractor, and neither ENGINEER nor any
officer, employee or agent of ENGINEER will be deemed an employee of
CITY. Except as expressly provided in Exhibit A, ENGINEER has no
authority or responsibility to exercise any rights or power vested in the
City. The selection and designation of the personnel of the CITY in the
performance of this agreement shall be made by the CITY.
4.2 ENGINEER shall determine the method, details and means of
performing the work and services to be provided by ENGINEER under this
Agreement. ENGINEER shall be responsible to City only for the
requirements and results specified in this Agreement and, except as
expressly provided in this Agreement, shall not be subjected to City's
control with respect to the physical action or activities of ENGINEER in
fulfillment of this Agreement.
5. Indemnification and Insurance:
ENGINEER shall indemnify and save and hold harmless CITY from and
for any and all losses, claims, actions, judgments for damages, or injury to
persons or property and losses and expenses and other costs including
litigation costs and attorney's fees, arising out of, resulting from, or in
connection with the negligent acts and/or errors or omissions by the
ENGINEER, its servants, agents, officers, employees, guests, and
business invitees, and not caused by or arising out of the tortuous conduct
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of CITY or its employees. ENGINEER shall maintain, and specifically
agrees that it will maintain, throughout the term of this Agreement, liability
insurance in the minimum amounts as follow: General Liability One
Million Dollars ($1,000,000) per incident or occurrence, Professional
Liability / Professional errors and omissions One Million Dollars
($1,000,000) aggregate, Automobile Liability Insurance One Million
Dollars ($1,000,000) per incident or occurrence and Workers'
Compensation Insurance , in the statutory limits as required by law. The
CITY shall be named an additional insured on both General Liability and
Automotive policies. The limits of insurance shall not be deemed a
limitation of the covenants to indemnify and save and hold harmless CITY;
and if CITY becomes liable for an amount in excess of the insurance
limits, herein provided, ENGINEER covenants and agrees to indemnify
and save and hold harmless CITY from and for all such losses, claims,
actions, or judgments for damages or injury to persons or property and
other costs, including litigation costs and attorneys' fees, arising out of,
resulting from , or in connection with the performance of this Agreement
by the ENGINEER or Engineer's officers, employs, agents,
representatives or subcontractors and resulting in or attributable to
personal injury, death, or damage or destruction to tangible or intangible
property, including use of. ENGINEER shall provide CITY with a
Certificate of Insurance, or other proof of insurance evidencing
ENGINEER'S compliance with the requirements of this paragraph and file
such proof of insurance with the CITY at least ten (10) days prior to the
date ENGINEER begins performance of it's obligations under this
Agreement. In the event the insurance minimums are changed,
ENGINEER shall immediately submit proof of compliance with the
changed limits. Evidence of all insurance shall be submitted to the City
Purchasing Agent with a copy to Meridian City Accounting, 33 East
Broadway Avenue, Meridian, Idaho 83642.
6. Notices: Any and all notices required to be given by either of the parties
hereto, unless otherwise stated in this agreement, shall be in writing and
be deemed communicated when mailed in the United States mail,
certified, return receipt requested, addressed as follows:
City of Meridian
Purchasing Agent
33 E. Broadway Avenue
Meridian, Idaho 83642
SPF Water Engineering, LLC
Attn: Tim Farrell
300 E Mallard, Ste 350
Boise, ID 83706
208-383-4140
Agreement for Professional Services Wastewater Treatment Plant Operations & Maintenance Manual Page 4 of 9
Either party may change their address for the purpose of this paragraph
by giving written notice of such change to the other in the manner herein
provided.
7. Attorney Fees: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and
reasonable attorneys' fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract
between the parties and shall survive any default, termination or forfeiture
of this Agreement.
8. Assignment: It is expressly agreed and understood by the parties
hereto, that ENGINEER shall not have the right to assign, transfer,
hypothecate or sell any of its rights under this Agreement except upon the
prior express written consent of CITY.
9. Discrimination Prohibited: In performing the Services required herein,
ENGINEER shall not unlawfully discriminate in violation of any federal,
state or local law, rule or regulation against any person on the basis of
race, color, religion, sex, national origin or ancestry, age or disability.
10. Reports and Information:
10.1 At such times and in such forms as the CITY may require, there
shall be furnished to the CITY such statements, records, reports, data and
information as the CITY may request pertaining to matters covered by this
Agreement.
10.2 ENGINEER shall maintain all writings, documents and records
prepared or compiled in connection with the performance of this
Agreement for a minimum of four (4) years from the termination or
completion of this or Agreement. This includes any handwriting,
typewriting, printing, photo static, photographic and every other means of
recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
11. Audits and Inspections: At any time during normal business hours and
as often as the CITY may deem necessary, there shall be made available
to the CITY for examination all of ENGINEER'S records with respect to all
matters covered by this Agreement. ENGINEER shall permit the CITY to
audit, examine, and make excerpts or transcripts from such records, and
to make audits of all contracts, invoices, materials, payrolls, records of
personnel, conditions of employment and other data relating to all matters
covered by this Agreement.
Agreement for Professional Services Wastewater Treatment Plant Operations & Maintenance Manual Page 5 of 9
12. Publication, Reproduction and Use of Material: No material produced
in whole or in part under this Agreement shall be subject to copyright in
the United States or in any other country. The CITY shall have
unrestricted authority to publish, disclose and otherwise use, in whole or in
part, any reports, data or other materials prepared under this Agreement.
13. Compliance with Laws: In performing the scope of services required
hereunder, ENGINEER shall comply with all applicable laws, ordinances,
and codes of Federal, State, and local governments.
14. Changes: The CITY may, from time to time, request changes in the
Scope of Services to be performed hereunder. Such changes, including
any increase or decrease in the amount of ENGINEER'S compensation,
which are mutually agreed upon by and between the CITY and
ENGINEER, shall be incorporated in written amendments to this
Agreement.
15. Termination: If, through any cause, ENGINEER, its officers, employees,
or agents fails to fulfill in a timely and proper manner its obligations under
this Agreement, violates any of the covenants, agreements, or stipulations
of this Agreement, falsifies any record or document required to be
prepared under this agreement, engages in fraud, dishonesty, or any
other act of misconduct in the performance of this contract, or if the City
Council determines that termination of this Agreement is in the best
interest of CITY, the CITY shall thereupon have the right to terminate this
Agreement by giving written notice to ENGINEER of such termination and
specifying the effective date thereof at least fifteen (15) days before the
effective date of such termination. ENGINEER may terminate this
agreement at any time by giving at least sixty (60) days notice to CITY.
In the event of any termination of this Agreement, all finished or
unfinished documents, data, and reports prepared by ENGINEER under
this Agreement shall, at the option of the CITY, become its property, and
ENGINEER shall be entitled to receive just and equitable compensation
for any work satisfactorily complete hereunder.
Notwithstanding the above, ENGINEER shall not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of
this Agreement by ENGINEER, and the CITY may withhold any payments
to ENGINEER for the purposes of set-off until such time as the exact
amount of damages due the CITY from ENGINEER is determined. This
provision shall survive the termination of this agreement and shall not
relieve ENGINEER of its liability to the CITY for damages.
16. Construction and Severability: If any part of this Agreement is held to
be invalid or unenforceable, such holding will not affect the validity or
Agreement for Professional Services Wastewater Treatment Plant Operations & Maintenance Manual Page 6 of 9
enforceability of any other part of this Agreement so long as the remainder
of the Agreement is reasonably capable of completion.
17. Advice of Attorney: Each party warrants and represents that in
executing this Agreement. It has received independent legal advice from
it's attorney's or the opportunity to seek such advice.
18. Entire Agreement: This Agreement contains the entire agreement of the
parties and supersedes any and all other agreements or understandings,
oral of written, whether previous to the execution hereof or
contemporaneous herewith.
19. Applicable Law: This Agreement shall be governed by and construed
and enforced in accordance with the laws of the State of Idaho, and the
ordinances of the City of Meridian.
20. Approval Required: This Agreement shall not become effective or
binding until approved by the City of Meridian.
CITY O~RIDIAN
BY: 1~~y~`
TAM a WEERD, MAYOR
SPF NEERIN C
B '~ ~
IMF ELL, MANAGER
Dated: ~ ~ - ~ O' ~~ ~,,,, ~ ~ ~ ~ ~ ~ ~ ~,,,,, Dated: /~~ ' ~~ ~~ o
Attest: ;~~ ~ j GD~OR,q ~~ ~4L ~'~:
.~'
~~~~
JAYCE . HOLMAN, CITY~LE ~°°~ p
Approved as to C ntent ~~~~~''~~,,,U ,~ ~~~`~~~Department Approval
BY:
KEITH ATTS, URCHASING MANAGER
Dated: ~U " ~-
Approved as to Form
CITY ATTORNEY
BY: ~-~:~~I ~~'1
NAME: L~:^t I~rls6~
TITLE: ~~ C:~Y E~G;n~.t-
Dated: ~ / ~~- Iv9
Agreement for Professional Services Wastewater Treatment Plant Operations & Maintenance Manual Page 7 of 9
EXHIBIT A
SCOPE OF SERVICES
The Engineer's scope of services shall include the following subtasks.
Subtask 1. Meet with plant staff and gather available data. The Engineer will meet
with City operations staff to discuss treatment plant operation and gather available data
related to O&M of the facility. Available data to be provided by Owner includes existing
O&M manual(s), equipment information, existing drawings as needed to support the
O&M manual, and current safety plan. We anticipate working with DC Engineering to
complete O&M work related to the treatment plant instrumentation, controls, and
SCADA systems.
Subtask 2. Prepare O&M Manual. The Engineer will prepare a comprehensive O&M
manual to include all plant equipment and processes (liquid and solids streams)
currently employed at the treatment facility. The O&M manual will describe overall
treatment plant operation criteria, details for each separate process area, overview of
maintenance requirements, and describe instrumentation and controls. The O&M
manual will be prepared in accordance with APWA and the Idaho Department of
Environmental Quality (DEQ) requirements. The O&M manual will be submitted to DEQ
for review and approval.
DELIVERABLES
The Engineer will provide the City with 3 Draft Review copies of the O&M manual and 3
Final copies of the O&M manual, complete with one electronic pdf file furnished on a
CD.
Agreement for Professional Services Wastewater Treatment Plant Operations & Maintenance Manual Page S of 9
EXHIBIT B
RATE SCHEDULE
TABLE 1 - SPF WATER ENGINEERING, LLC
SCHEDULE OF HOURLY BILLING RATES
Personnel Title 2009 Billing
Rate
Terry Scanlan, P.E., P.G. d Principal
Engineer/Hydrogeologist I
$140
Christian Petrich, Ph.D., P.E., P.G. Principal
EngineedHydrologist $130
Tim Farrell, P.E. Principal Engineer $125
Cathy Cooper, P.E. Principal Engineer $125
Scott IGng, P.E. Supervising Engineer $120
Eric Landsberg, P.E. Project Manager $120
Bob Hardgrove, P.E. ~ Project Manager $120
Stuart Hurley, P.E. Project Manager $120
Jennifer Sukow, P.E., P.G. Senior Project Engineer $110
Shawn Kohtz, P.E. Project Engineer $100
Roxanne Brown Senior Water Rights
Specialist $97
Mike Martin, P.E. Project Engineer $88
Lori Graves Water Rights Specialist $85
Marci Pape, P.E. Project Engineer $85
Jason Thompson, P.E. Project Engineer $85
Lance Dennis, E.I.T. Associate Engineer $82
Clint Long Constructlon Manager $85
Buzz Copple Constructlon Manager $85
Steve Bennett Designer I $80
Crane Drafting Designer II $78
Julie Romano Bookkeeping $60
Crystal Weber Administrative Support $55
Note: Hourly billing rates will be adjusted on January 1~ each year. Direct costs
(mileage, postage, camera surveys, geophysical logs, etc.) are billed at actual cost plus
15%.
Agreement for Professional Services Wastewater Treatment Plant Operations & Maintenance Manual Page 9 of 9
CITY OF MERIDIAN
PUBLIC WORKS DEPARTMENT
Engineering Division
LETTER OF TRANSMITTAL
October 12, 2009
To: Mr. Stuart Hurley, P.E.
SPF Water Engineering
300 Mallard Dr., Suite 350
Boise, ID 83706
From: Clint Dolsby
Assistant City Engineer
Subject: Agreement for the O&M Manual
Fnrln~PCl arP the fnllnwina
COPIES DATE DESCRIPTION
1 N A A reement
These are transmitted:
^ For your /For action ^ For review ^ For your use ^ As requested
information specified below and comment
Remarks:
Stuart,
Please sign and leave here and I will get the mayors signature and send you an
executed copy
Thanks
Copy to: File Signed:
33 E. Broadway Ave., Ste. 200 Meridian, Idaho 83642 (208) 898-5500 Fax (208) 898-9551