HomeMy WebLinkAboutTask Order No. 10045E with CH2M Hill Engineers, Inc. for WWTP Fermentation and Odor Control Project Programming and Integration;,i~~~<~
o: Jaycee L. Holman, City Clerk,
Frorn: Keith Watts, Purchasing Manager
C: Jacy Jones, Clint Dolsby
ate: 11 /14/13
e: November 19 City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
November 19 City Council Consent Agenda for Council's consideration.
Approval of Task Order 100045E for "WWTP Fermentation and Odor Control Project
Programming and Integration" to CH2M Hill Engineers, Inc, in the Not-To-Exceed
amount of $150.975.00. This Task Order is written against the current Master
Agreement between the parties.
Recommended Council Action: Approval of Task Order 100045E to CH2M Hill
Engineers, Inc. for the Not-To-Exceed amount of $150,975.00.
Thank you for your consideration.
Page 1
Mayor Tammy de Weerd
y ~~nmil a e~i®
Keith Blyd
Brad Hoaglun
Charles Rountree
Da~1d Zaremba
FROM: Clint Dolsby, P.E.
Assistant City Engineer
DATE: October 17, 2013
SUBJECT: TASK ORDER #1004SE FOR THE WWTP FERMENTATION AND ODOR
CONTROL PROJECT PROGRAMMING AND INTEGRATION 'WITH
CH2M HILL FOR A NOT TO EXCEED AMOUNT OF $150,975
PURSUANT TO THE MASTER AGREEMENT APPROVED BY CITY
COUNCIL APRIL 13, 2010
I. RECOMMENDED ACTION
A. Move to:
1. Approve Task Order 10045E with CH2M HILL for the WWTP
Fermentation and Odor Control Project Programming and Integration, for a
not-to-exceed cost of $150,975.
2. Authorize the Mayor to sign the agreement.
II. DEPARTMENT CONTACT PERSONS
Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341
Warren Stewart, PW Engineering Manager 489-0350
Tom Barry, Director of Public Works 489-0372
III. DESCRIPTION
A. Back rr
The objective of the primary sludge fermentation process is to promote a reliable
,' biological phosphorous removal process through the addition of volatile fatty
` acids to the secondary treatment system at the wastewater treatment plant.
Page 1 of 3
Volatile fatty acids (VFAs) are the preferred food for the biological phosphorus
removal processes, and the Meridian wastewater treatment plant influent
wastewater has limited VFAs. A fermentation process has the capability to
produce VFAs to promote a reliable biological phosphorus removal process at
the Meridian wastewater treatment plant.
B. Proposed Protect
Construction of the Fermentation and Odor Control project at Meridian's
Wastewater Treatment Flant is underway. Control system software services,
including programming and field testing, are required to provide automated
monitoring and control functions for the fermentation and odor control facility.
CH2M HILL will provide programming and integration services for the project.
C. Consultant Selection
CH2M HILL was chosen for this project due to their expertise in the design and
analysis of wastewater treatment plants, their programming and integration
expertise and their familiarity with the Meridian Wastewater Treatment Plant.
N. IMPACT
A. Strateig~c Impact:
This project meets our mission requirements to indentify and prioritize work to
anticipate, plan and provide public services and facilities that support the needs of
our growing community and ensure modern reliable facilities while maintaining
financial stewardship.
B. Service/Deliver,~pact:
Improving the efficiency of the operation of the biological treatment processes
will increase the secondary treatment capacity of the wastewater treatment plant.
This will provide operational flexibility for the biological phosphorus removal
processes in the aeration basins.
C. Fiscal Impact:
Proiect Costs
WWTP Fermentation and Odor Control Construction $2,221,500.00
WWTP Fermentation and Odor Controm CMS $257,006.00
WWTP Fermentation Special Inspections $14,045.20
WWTP Fermentation Project Programming and Integration $150,975.00
Total Cost $2,643,526.20
Pale 2 of 3
Project Funding
Fiscal Year 2013 WWTP Building Improvements (3590-92100) $450,000.00
Fiscal Year 2013 Fermentation Projects (3590-96130) $1,Sb5,000.00
Fiscal Year 2014 Fermentation Projects (3590-96130) $1,000,000.00
Total Funding $3,015,000.00
VI. TIME CONSTRAINTS
Council's approval will allow the programming and integration for this project to
improve the performance of the biological nutrient removal systems and increase the
capacity of the secondary treatment system at the wastewater treatment plant to be
completed.
VII. LI5T OF' AT'I'ACIIIVIENTS
A. Task Order No. 10045E.
Department Approval: ~`~/t/'--~ ~-~ _
Page 3 of 3
TASK ORDER NO. 10045E
Pursuant to the
MASTER AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
CITY OF MERIDIAN (OWNER) AND CH2M HILL ENGINEERS, INC. (ENGINEER)
This Task Order is made this 19TH day of November, 2013 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", and accepted by CH2M HILL ENGINEERS INC. hereinafter
referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained
in the Master Agreement (Category 7a) between the above mentioned parties dated
September 18, 2012. The Project Name for this Task Order 10045E is as follows:
CITY OF MERIDIAN
W I
I I I
I
Construction of the new Fermentation and Odor Control project at Meridian's Wastewater
Treatment Plant is under way. Control system software services, including programming and
field testing, are required to provide automated monitoring and control functions for the new
processes and systems.
TASK 1 - OC SS NARRATIVE DEVELOPMENT
ENGINEER shall provide the following services:
® Develop written process narratives to summarize the major operation and control concepts
for the new processes. This task includes the support of the design team's process and
I&C engineering staff.
Task Order 10045E WWTP Fermentation & Odor Control Programming & Integration Page 1 of 7
CH2M HILL ENGINEERS, INC
Deliverables
® Written process narratives
TASK 2 -CONTROL SYSTEM SOFTWARE SERVICES
ENGINEER shall provide the following services:
• Software Planning
o Provide up to three days of effort to develop detailed loop descriptions
documenting the new automated monitoring and control functions to be provided
by the control system software.
o Lead one half-day workshop at the project site with City staff to review the
software loop descriptions.
• PLC Programming:
o Program new Primary Sludge Fermentation SFCB1-PLC-001 (Allen-Bradley
ControlLogix)
o Edit existing Main Mechanical Building SMCB1-PLC-0001 program (Allen-
Bradley SLC) for addition of new automated monitoring and control functions
associated with the VFA-enriched effluent pumps, as shown on the P&IDs.
o Edit existing Operations Building PLC-2 program (Allen-Bradley SLC) for
demolition of the Operations Building MCC-2 Flex I/O, as shown on the control
system block diagram. The task includes removal of the MCC-2 Flex I/O
addresses and logic.
® HMI Programming:
o Create new process graphics for the new systems shown on the P&IDs.
o Modify the existing Wonderware Intouch graphics that are affected by the
process modifications.
o Edit the existing Intouch application for demolition of the Operations Building
MCC-2 Flex I/O, as shown on the control system block diagram. The task
includes removal of the graphical objects and tags for components that were
wired to the MCC-2 Flex IlO.
o Lead one half-day telephone workshop with the City for review of draft HMI
graphics. The City's comments will be incorporated into the final HMI graphics.
• Software Testing:
o Execute offsite testing to confirm that the PLC and HMI programs are ready for
site acceptance testing.
Task Order 10045E WWTP Fermentation & Odor Control Programming & Integration Page 2 of 7
CH2M HILL ENGINEERS, INC
o Assist the electrician with testing of the PLC communication links between the
Ethernet-connected VFDs and motor starters to confirm that they are properly
configured. This activity will be completed in advance of the software site
acceptance testing effort.
o Execute Site Acceptance Testing (SAT) to confirm that the new automated
monitoring and control functions operate as defined in the loop descriptions.
• Final Documentation
o Provide a software operation manual to instruct operators how to use the control
system graphics for system operation. Includes screen shots of the new and
revised HMI graphics, written operating instructions, PDF copy of the final control
narratives, PDF copy of the final loop descriptions, and PDF copy of the final test
documentation.
Deliverables
• Detailed software loop descriptions
• Software test documentation forms for signature by a City representative authorized to
witness and approve successful test completion.
• Updated Wonderware HMI application
• The following new or revised PLC programs:
o New program for the Primary Sludge Fermentation PLC (Allen-Bradley
ControlLogix "SFCB1-PLC-001")
o Revised program for the existing Main Mechanical Building PLC (Allen-Bradley
SLC "SMC61-PLC-0001 ")
o Revised program for the existing Operations Building PLC-2 (Allen-Bradley SLC)
FACTORY SOFTWARE ACCEPTANCE TESTING
ENGINEER shall provide the following services:
• Lead a Factory Software Acceptance Test (FSAT) workshop to demonstrate that the PLC
and HMI programs are ready for site acceptance testing. The test will be conducted by the
PLC and HMI programmers for demonstration to City staff that the software functions
operate as defined in the final software loop descriptions. The FSAT workshop will be held
at the WWTP (maximum 2 day effort).
Deliverables
• Test documentation (test forms signed by an authorized City witness confirming successful
test completion)
Task Order 10045E WWTP Fermentation & Odor Control Programming & Integration Page 3 of 7
CH2M HILL ENGINEERS, INC
I
• The estimated expenses for the base scope are based on the following:
o Travel -Airline: 6 round-trip flights
o Travel -Mileage: 6 round trips from Corvallis to Portland airport
o Travel -Parking: 28 days of airport parking
o Travel -Rental Cars: 20 days
o Travel -Lodging: 28 nights
o Travel -Meals: 28 days
o Outside Services -Critigen: CH2M HILL will use Critigen staff (subcontractor) to
assist with software database setup and configuration. Critigen labor will be
billed as an expense on the invoices.
• The estimated expenses for the process narrative development are based on the following:
o Travel -Airline: 2 round-trip flights
o Travel - Mileage: 1 round trip from Corvallis to Portland airport
o Travel -Parking: 2 days of airport parking
o Travel -Rental Cars /Fuel: 2 days
o Travel -Lodging: 4 nights
o Travel -Meals: 4 days
I
• Software programming for this project will be done remotely from the site using copies of
the existing PLC programs and Wonderware application provided by the City.
• CH2MHILL's final design documents developed for construction (P&IDs, specifications, etc)
are the basis of the estimated level of effort for software services.
• The estimated level of effort for software services is based exclusively on the I/O shown on
the P&IDs. The scope includes effort for a maximum I/O quantity of 131 new points as
summarized below:
0 12 new hardwired AI
0 0 new hardwired AO
0 26 new hardwired DI
0 11 new hardwired DO
Task Order 10045E WWTP Fermentation & Odor Control Programming & Integration Page 4 of 7
CH2M HILL ENGINEERS, INC
o Up to 66 new soft I/O points communicated via Ethernet from 1 l VFDs (6 I/O
points per VFD, as shown on the P&IDs)
o Up to 12 new soft I/O points communicated via Ethernet from 2 reversing motor
starters (6 I/O points per reversing motor starter as shown on the P&IDs, plus
FAULT not shown on the P&IDs)
o Up to 4 new soft I!O points communicated via Ethernet from 1 constant speed
starter (4 I/O points per starter, including on status, alarm/overload status, auto
status, and run control)
• The software programming effort for ControlLogix PLCs is based on the use of the
ENGINEER's existing add-on instructions (AOIs).
• Current electronic copies of the existing PLC programs will be provided by the Owner.
• New HMI graphics will be developed using Wonderware System Platform Objects.
• Modifications to existing Wonderware HMI tags and graphics will be edited with classic
InTouch.
• A current electronic copy of the existing HMI system and Galaxy will be provided by the
Owner. This will need to be closely coordinated and monitored between ENGINEER and
Owner. At the point the Galaxy is copied for use by ENGINEER, no further changes can be
made to the site Galaxy.
• The following HMI graphics are anticipated to be modified or created:
o Modify the existing plant overview graphic to show the additions of the new
systems
o Modify existing Aeration Basin 1, 2, 3, 4 graphics (minor edit to add links to new
fermentation project graphics)
o Modify existing gravity thickener graphics (minor edit to add links to new
fermentation project graphics)
o Create new Thickened Primary Sludge Grinding graphic (and control popups)
o Create new Fermented Primary Sludge Mixing and Pumping graphic (and control
popups)
o Create new Primary Sludge Thickening and VFA Pumping graphic (and control
popups)
o Create new Thickened Fermented Primary sludge Pumping graphic (and control
popups)
o Create new Odor Control graphic
• The total effort for onsite software testing includes up to 26 person days at the site.
• Onsite software testing will not begin until system readiness testing has been successfully
completed by the Contractor and approved by ENGINEER. System readiness means that
Task Order 10045E WWTP Fermentation & Odor Control Programming & Integration Page 5 of 7
CH2M HILL ENGINEERS, INC
all wiring is complete and tested, field instrumentation is calibrated and operational, phase
rotation has been confirmed on all 3-phase powered rotating machinery, all required
manufacturer's startup service is complete, and the manufacturer's certificate of proper
installation has been given where required.
® City staff will be available for coordination and assistance during software testing.
ENGINEER will use software test documentation forms for signature by an authorized City
representative (similar to those used for previous work executed at the plant by
ENGINEER).
I I I
The following schedule is based on a Notice to Proceed (NTP) from the City by November
2013 and resulting in Final Design being completed by May 2014. A NTP issued on a different
date will change the schedule accordingly.
COMPENSATION AND COMPLETION SCHEDULE
Task Description Due Date Compensation
1 Process Narrative Development -Labor February 2014 $11,075.00
2 Control System Software Services -
Labor February 2014 $120,810.00
Allowable Reimbursables $7,640.00
Subcontractor $4,780.00
3 Factory Software Acceptance Testing-
Labor March 2014 $5,480.00
Allowable Reimbursables $1,190.00
^
TASK ORDER TOTAL $150,975.00
The Not-To-Exceed amount to complete all services listed above for this Task Order No.
10045e is one hundred fifty thousand nine hundred seventy-five dollars ($150,975.00). No
compensation will be paid over the Not-to-Exceed amount without prior written approval by the
City in the form of a Change Order. The hourly rates for services and direct expenses are per
the Master Agreement (by this reference made a part hereof) and will be the basis for any
additions and/or deletions in services rendered. Travel and meals are excluded from this Task
Order unless explicitly listed in the Scope of Services AND Payment Schedule.
Task Order 10045E WWTP Fermentation & Odor Control Programming & Integration Page 6 of 7
CH2M HILL ENGINEERS, INC
CITY OF MERIDIAN CH2M HILL EIj~GINEERS, lNC,
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BY: / `~ B ~ ~ ~'
TAMMY de WEE , MAYC?R I~ONt J. f~' 2t ~l6~2~ QPe.~f~'o~s ~~
Dated: ~l "~ ~.9 " ~-3 __,w ~~ _ Dated: ~ ~ -- ~ j ~ / .,~'
Approved by Counei~:_r~~~-E'y'1.f2~r~ ~~ ~O/.3
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JA EE pLMAN, CITY CLER4~'''~~'~A;N~
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Purchasing Appr v I ,r " ~- , , ~ impartment Approval
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BY: ; ~i~.. /~
KEIT ATTS, u asrng Manager REN STEWART, Engineering Manager
City Project Manager
l )~ ~ .
Clint Dolsby
Dated:
Task Qrder 1 Q045E WWTP Fermentation & Odor Control Programming & integration Page 7 of 7
CH2M HILL ENGINEERS, INC
MASTER AGREEMENT
FOR
PROFESSIONAL SERVICES
(Unlimited)
THIS AGREEMENT FOR pROFSSiONAL SERVICES is made this 18t" day of
September, 2012, 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 CH2M HILL Engineers,
Inc, hereinafter referred to as "ENGINEER", whose business address is 322 E. Front St,
Ste. 200, Boise, ID 83702.
INTRODUCTION
Whereas, the City has a need for Electrical Engineering -Water and
Wastewater Control Systems and SCADA System Design and programming
Services -- 7A to be defined by individual Task Orders 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 Upon execution of this Master Agreement AND any associated Task Order(s)
and receipt of the City's written notice to proceed, Engineer shall comply in all
respects and perform and furnish to the City, all services listed in any corresponding
task order(s) 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 oremployees to anythird
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
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
MASTER AGREEMENT FOR ENGINEERING SERVICES UNLIMITED - 7A page 1 of 8
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 its work in accordance with generally
accepted industry standards and practices far the profession or professions that are
used in performance of this Agreement and resulting task order(s) in effect at the
time of performance of this Agreement and associated task orders}. 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 provided 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 as defined by corresponding Task
Orders per the attached "Rate Schedule" identified as Exhibit A to this agreement
and which may be amended once per calendar year if mutually agreeable to both
parties. It is the responsibility of the engineer to notify the City of a desire to
submit a new rate schedule for review. Upon City's approval, the City will issue
an amendment stating such changes to be executed in writing by both parties.
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 receive from the City any additional
consideration, compensation, salary, wages, or other type of remuneration for
services rendered under this Agreement, including, 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.
MASTER AGREEMENT FOR ENGINEERING SERVICES UNLIMITED - 7A page 2 of 8
2.4 Any out of town travel required by individual Task Orders will be reimbursed
at cost, per the City's existing travel policy. Any requested travel related/meal
reimbursement must be accompanied by itemized receipts.
For the purposes of this agreement and resulting task orders, travel between the
ENGINEER'S offices and the project site is not considered out of town travel.
3. Time of Performance:
This agreement shall become effective upon execution by both parties, and shall
automatically renew annually on October 1 sc for two additional one year periods
unless sooner terminated in writing.
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 lasses, 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 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 bylaw. 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
MASTER AGREEMENT FOR ENGINEERING SERVICES UNLIMITED - 7A page 3 of 8
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 negligent 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 $3642.
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
City of Meridian
Purchasing Manager
33 E Broadway Ave
Meridian, ID 83642
208-888-4433
ENGINEER
CH2M Hill Engineers, Inc
Attn: Mark Bowen, Vice President
322 E. Front St., Ste 200
Boise, ID 83702
Phone: (208) 345-5310
Email: mark.bowen@ch2m.com
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 competentjurisdiction. 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
MASTER AGREEMENT FOR ENGINEERING SERVICES UNLIMITED - 7A page 4 of 8
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.
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. Public Information: Pursuant to Idaho Code Section 9-335, et seq., information or
documents received from the Contractor may be open to public inspection and
copying unless exempt from disclosure. The Contractor shall clearly designate
individual documents as "exempt" on each page of such documents and shall
indicate the basis for such exemption. The State will not accept the marking of an
entire document as exempt. In addition, the State will not accept a legend or
statement on one (1) page that all, or substantially all, of the document is exempt
from disclosure. The Contractor shall indemnify and defend the State against all
liability, claims, damages, losses, expenses, actions, attorney fees and suits
whatsoever far honoring such a designation or for the Contractor's failure to
designate individual documents as exempt. The Contractor's failure to designate as
exempt any document or portion of a document that is released by the State shall
MASTER AGREEMENT FOR ENGINEERING SERVICES UNLIMITED - 7A page 5 of 8
constitute a complete waiver of any and all claims for damages caused by any such
release.
15. 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.
16. Termination:
16.1 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.
16.2 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.
16.3 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.
16.4 Survival. All Task Orders resulting from this Master Agreement and executed
by both parties during the term of this Master Agreement will be bound to the terms
and conditions of the Master Agreement until all tasks are completed and accepted
by City whether or not the Master Agreement is terminated or unless tasks are
canceled via a change order.
17. Construction and Severabitity: If any part of this Agreement is held to be invalid or
unenforceable, such holding will not affect the validity or enforceability of any other
part of this Agreement so long as the remainder of the Agreement is reasonably
capable of completion.
MASTER AGREEMENT FOR ENGINEERING SERVICES UNLIMITED - 7A page 6 of 8
18. 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.
19. 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.
20. 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.
21. Approval Required: This Agreement shall not become effective or binding until
approved by the City of Meridian.
CITY OJE MERIDIAN .y
BY: ~'`
Keith .alts, Purchasing Manager
Dated: ^ ~1 ~ '~-~
Public Works Department Approval
NAME: ~"~
TITLE: ".rte` ~~
Dated: ~~'' ~~'~- _
Approved as to Form
CITY ATTORNEY
MASTER AGREEMENT FOR ENGINEERING SERVICES UNLIMITED - 7A page 7 of 8
EXHIBIT A
RATE SCHEDULE
MASTER AGREEMENT FOR ENGINEERING SERVICES UNLIMITED - 7A page fi of 8
EXHIBIT A
2013 RATE SCHE®ULE
for
Electrical Engineering - mater and IA/astewater Control systems and ACA®A System
i]esign and programming Services - 7A
CFIt~ HILL ENGINEERS, INC.
Name !Title Hnuriy Rate
Jeff Kan uch $196.02
Chris Curtis $107.23
Nick Edgett $121.18
Mike Karl $181.85
Mike Kutz $184.78
Mark Larson $128,74
Fran Miller $105.52
Tob Palin $133.02
Bill Peterschmidt $171.80
Mike Rardin $100,55
ALLO~IASLE REI~I3URSASLES
The fallowing reimbursable expenses will be allowed ®NLY if addressed in any resulting
task order. Ama~unts will be reimbursed at cost.
Expense Rate
Sub-Consultants Cost
Printing and Reproduction Cost
Travel See Below
TRAVEL EXPENSES
The City will only pay for meal, lodging and transportation expenses for official business
that consists of consultants traveling to or from, outside of the Treasure Valley, and that
are directly related to the specific task orders. Reimbursement will NOT exceed the
limits allowed under the US General Services Administration Per Diem Rates for the
Boise area. These rates can be found at the following website:
http~//www osa t~ov/portallcate;~ory,/100120
The current FY2013 rate for meals is $46 per full day, and $34.50 (75%) for both
travel days. Receipts for meal per diem allowances are not required.
The current FY2013 GSA hotel rate is $77.00/night. Lodging, transportation and
hotel expenses will only be reimbursed when accompanied with an itemized receipt
and proof of prior approval by the Project Manager.
7'ranaportation (Pre-approved by Project IVlanager):
All travel must be by the most economical means practical. If there is interruption of
travel or deviation from the direct route for the traveler's convenience, the deviation
may not exceed the cost of uninterrupted travel.
Airline: Consultants will only be reimbursed for coach or economy class rates.
Rental Cars: A vehicle is only allowed with prior authorization by the City Project
Manager.
LL- TIC A C I INCI NTAl~
~T t U L