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RES 86-28 WASTEWATER FACILITIES SURVEYRESOLUTION NO. 86-28 A RESOLUTION APPROVING A CONTRACT WITH BROWN & CALDWELL FOR A WASTEWATER FACILITIES NEEDS SURVEY. WHEREAS, the City Council of the City of Winslow, Washington, has determined a need for a survey of the City's wastewater facilities; and WHEREAS, the City Council of the City of Winslow, Washington, feels it is in the best interest of the citizens of the City to enter into an agreement with Brown & Caldwell for services to provide a survey of the City's wastewater facilities; and WHEREAS, the laws of the State of Washington allow such agreements; NOW, THEREFORE, be it resolved by the Council of the City of Winslow, Washington, as follows: The proposed contract (Exhibit A attached hereto and dated September 8, 1986) with Brown & Caldwell for a "Wastewater Facilities Needs Survey" is hereby approved. PASSED BY THE COUNCIL of the City of Winslow, Washington, this 18th day of DECEMBER 1986. ATTEST: Clerk/Treasurer Mayor RESOLUTION NO. 86-28 EXHIBIT A AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF WINSLOW AND BROWN AND CALDWELL FOR WASTEWATER FACILITIES NEEDS SURVEY THIS AGREEMENT, made and entered into on this 18th day of DECEMBER , 1986, by and between the CITY OF WINSLOW, hereinafter referred to as "Owner," and BROWN AND CALDWELL, a California Corporation authorized to provide engineering services in the state of Washington, hereinafter referred to as "Engineer:" WITNESSETH: WHEREAS, Owner has determined the need for planning, design and consulting services to determine the needs of the Owner's existing wastewater treatment facilities over the next 20 years; and WHEREAS, Engineer has available and offers to provide personnel and facilities necessary to accomplish the work within the required time; NOW THEREFORE, Owner and Engineer agree as follows: DESCRIPTION OF PROJECT The project consists of preparation of a planning report to define the program of modifications and improvements necessary to the existing wastewater collection, treatment and outfall facilities as required to meet the projected demands of the service area population for the next 20 years. II. SCOPE OF ENGINEERING SERVICES Engineer agrees to perform those services which are more particularly described hereafter. Unless modified in writing by both parties, duties of Engineer shall not be construed to exceed those services specifically set forth herein. A. Planned Engineering Services Engineer agrees to perform those planned tasks described in Exhibit A entitled, "Scope and Sequence of Work, Winslow Waste- water Facilities Needs Report." Agreement--Page 1 of 6 September 8, 1986 B. Special Engineering Services Owner and Engineer agree that additional work not currently contemplated to be performed by Engineer and not covered in Exhibit A may be needed during performance of this Agreement. It is intended that such categories of work be classified as Special Engineering Services. III. SCOPE OF OWNER SERVICES Owner agrees to perform those planned tasks described in Exhibit A, entitled "Scope and Sequence of Work, Winslow Wastewater Facilities Needs Report. IV. AUTHORIZATION, PROGRESS, AND COMPLETION In signing this Agreement, the Owner grants the Engineer specific authorization to proceed with the work described in Exhibit A. Authorization for subsequent services will follow final agreement of the scope and compensation to be negotiated later. For special services, the authorization by the Owner shall be in writing and shall include the definition of the work to be done, the schedule for commencing and completing the work and the basis for compensation for the work, all as agreed upon by the Owner and Engineer. V. COMPENSATION For the services described in Exhibit A which are to be performed by the Engineer, the Owner agrees to pay, and the Engineer agrees to accept, compensation in accordance with the methods and schedules set forth in Exhibit B. The compensation for preparation of the engineering report are contractural costs based on the scope of work and manhour effort and direct costs identified in Exhibit A. Compensation for special services shall be as agreed upon by the Owner and Engineer and set forth in the written authorization for special services. Payment to the Engineer is due upon receipt of invoice by Owner. Payment shall be made within 30 days of receipt of invoice. Charges for reimbursable costs determined in accordance with Exhibit B shall be billed in summary form to the Owner on calendar monthly billing periods. Agreement--Page 2 of 6 September 8, 1986 VI. RESPONSIBILITY OF ENGINEER The Engineer is employed to render a professional service only, and any payments made to the Engineer are compensation solely for such services rendered and recommendations made in carrying out the work. Engineer shall follow the practice of the civil engineer- ing profession to make findings, opinions, factual presentations, and professional advice and recommendations. Except when performing construction management services, Engineer agrees to indemnify, defend and hold Owner harmless from and against any liability arising in whole or part out of the sole negligent errors or sole negligent omissions of Engineer, its agents, employees, or represen- tatives, in the performance of Engineer's duties under this Agreement. VII. INSURANCE The Engineer shall maintain during the life of this Agreement, the following minimum public liability and property damage insurance which shall protect the Engineer from claims for injuries including accidental death, as well as from claims for property damages which may arise from the performance of work under this agreement and the limit of liability for such insurance shall be as follows: Comprehensive general liability insurance, including personal injury liability, blanket contractual liability and broad form property damage liability. The combined single limit for bodily injury and property damage shall be not less than $5 million. Automobile bodily injury and property damage liability insurance covering owned, nonowned, rented and hired cars. The combined single limit for bodily injury and property damage shall be not less than $5 million. 3. Statutory workers compensation and employers' liability insurance for the State of Washington. Protection and indemnity insurance as required under the Jones Act to cover liability resulting from injury to or death of crew members or masters of boats or ships. The Engineer shall also maintain professional liability insurance covering damages resulting from errors or omissions of the Engineer. The limit of liability shall be not less than $10 million. Agreement--Page 3 of 6 September 8, 1986 The Engineer shall submit to the Owner certificates for each of the policies listed above. Each certificate shall provide that the insurance company shall give written notice to the Owner at least 10 days prior to cancellation or any material change in the policy. Certificates for comprehensive general liability and automobile liability policies shall provide that the Owner is named as an additional insured. VIII. SUBCONTRACTS Engineer shall be entitled, to the extent determined appropriate by the Engineer, to subcontract any portion of the work to be performed under this project, subject to prior approval by the City. The Engineer shall be responsible to the Owner for the actions of persons and firms performing subcontract work. IX. ASSIGNMENT This Agreement is binding on the heirs, successors and assigns of the parties hereto. This Agreement is not to be assigned by either the Owner or Engineer without the prior written consent of the other. X. INTEGRATION This Agreement represents the entire understanding of Owner and Engineer as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by both parties. XI. JURISDICTION This Agreement shall be administered and interpreted under the laws of the State of Washington. Jurisdiction of litigation arising from this Agreement shall be in that state. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in full force and effect. Agreement--Page 4 of 6 September 8, 1986 XII. SUSPENSION OF WORK The Owner may suspend, in writing, all or a portion of the work under this Agreement in the event unforeseen circumstances beyond the control of the Owner make normal progress in the performance of the work impossible. The Engineer may request that the work be suspended by notifying the Owner, in writing, of circumstances which are interfering with normal progress of the work. The time for completion of the work shall be extended by the number of days the work is suspended. In the event that the period of suspension exceeds 90 days the terms of this Agreement are subject to renegotiation and both parties are granted the option to terminate work on the suspended portion of the project in accordance with Article XIII. XIII. TERMINATION OF WORK The Owner may terminate all or a portion of the work covered by this Agreement for its convenience. Either the Owner or the Engineer may terminate work in the event the other party fails to perform in accordance with the provisions of this Agree- ment. Termination of this Agreement is accomplished by 15 days prior written notice from the party initiating termination to the other. Notice of termination shall be delivered by certified mail with receipt for delivery returned to the sender. In the event of termination, engineer shall be compensated for the terminated portion of the work on the basis of work actually performed prior to the effective date of termination. XIV. OWNERSHIP OF DOCUMENTS All reports, maps, compilation of data, and other documents are and shall remain the property of owner. Engineer shall make such material available to the owner upon reasonable notice and, upon suspension and/or termination and/or completion of this contract shall return all such material to the owner. Agreement--Page 5 of 6 September 8, 1986 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in triplicate by their respective authorized officers or representative. BROWN AND CALDWELL CITY OF WI~iSLOW By By _~:.%, ~=. / DEP[jTY MAYOR Date Date JANUARY 26, 1987 ATTEST: DONNA ~JEAN BUXTON ' Agreement--Page 6 of 6 September 8, 1986 EXHIBIT A SCOPE AND SEQUENCE OF WORK WINSLOW WASTEWATER FACILITIES NEEDS SURVEY Task 1 la lb 1c ld 2a Engineer's work Winslow's work Establish Basic Data for Plan Preparation Review data provided by the City, determine which vital data is missing. Assist City with identifi- cation of sewer subarea boundaries. Locate and provide to Engi- neer a copy of existing reports, construction documents, and ordinances pertaining to the sewage collection, treatment, and disposal system. Obtain missing documents from other engineers' files. Assist with definition of sewer subareas and provide existing and ultimate sewered population and sewered areas within each subarea and flow monitored areas. Prepare Chapter 2 of draft report. Population, land use, existing and future subareas within the service area defined by the Water Plan (1985). Detailed Description of Collection System, Treatment Plant, and Outfall, including size, scope, location, and capacity of collection system components. Bottlenecks will be defined in terms of process and hydraulics. Engineer will provide data collection forms, chain, transit and rod and instruct the City personnel on how to measure distances between manholes and determine sewer invert elevations. A-2 Task 2b 2c 2d 3 3a 3b Engineer's work Winslow's work City will provide labor to collect sewer invert elevations for all major sewers for which as-built drawings are not available. Engineer will prepare in tabular and graphic form a description of the existing wastewater system consisting of the following elements: Collection system map showing size, slope, and direction of flow of existing major sewers. Table indicating firm capacity of each lift station. Layout showing actual capac- ity of each treatment plant component and the outfall. Prepare Chapter 3 of Draft Report. City will review. Determine Extent of System Capacity Already in Use Engineer will supply four wastewater level recorders to the City for a two-month period and instruct the City in installation and mainte- nance of these flow monitors and the rain gauge at the treatment plant. The City shall install and maintain all four flow moni- toring stations and the rain gauge for two 1-month periods. The sewer inserts will be maintained between flow measuring months. The City will supply daily hourmeter data on all pump stations during the flow monitoring months. Data will be provided in actual hours run per day in tabular format. A-3 Task 3c 3d 4 4a 4b Engineer's work Winslow's work Engineer will summarize flow data for dry and wet seasons. Estimate peaking factors, estimate connec- tions and sewered acreage for each area and compare unit flow factors with other Puget Sound communities. Infiltration and inflow rates will be obtained from analysis of flow monitoring data. Peaking factors will be determined for each major system component. Unit flow factors and the growth pro- jections of Chapter 1 will be used to project flows to the major wastewater facili- ties for 1990, 2000, 2010, and buildout. Prepare Chapter 4 of Draft Report. City will review draft chapter. Prepare Capital Facilities Plan Chapter Based on the results of Chapter 4 and Chapter 2, prepare a critical path for additional facilities required for the proposed 2 percent or 6 percent growth scenario. Plan will define location, timing, costs, and size of collec- tion, treatment, and outfall elements as well as required sludge disposal capacity. Capital facilities include I/I reduction opportunities and sludge disposal options with risk identification. Prepare Chapter 5 of Draft City will review draft Report. chapter. A-4 Task 5 5a 5b 5c 6 6a Engineer's work Winslow's work Develop Methodology of Estimation of Capacity Requirement and Cost of Providing Sewer Service to Proposed Developments Engineer will provide a method for estimating the effect-of any proposed development in the sewer service area on the capacity of each major wastewater collection, treatment, or outfall element. This data can then be converted to determine the physical facilities required for each development. Brown and Caldwell will train the appropriate City personnel in the use of this method. The City will provide public works personnel to learn this method. Chapter 6 of Draft Report. City will review draft chapter. Establish Basic Financial Data Locate and provide to Engi- neer copies of financial information as follows: Rate policies. Rate ordinances. Rate studies. Capital accounting policies. Actual vs. budget income and expense records for operations vs. capital outlays for last 3 years. Provide debt service schedules and debt coverage requirements. Actual annual connection fee participation rate and actual connection fee income for the last 5 years. A-5 Task 6b 6c 6d 7 7a 7b Engineer's work Winslow's work Provide data on bids for three recent sewer projects as shown below: Description Unit Quantity Unit price Bid price Provide a table containing the data from Task 2 in the following format: Date constructed Facility element Unit of measure Depth Arterial/residential Original cost Unit price Total cost Establish costs, for Winslow's wastewater facilities, pipes, pump stations, and treatment plant elements. Convert system capacity in terms of number of equi- valent residential equi- valents. Prepare Chapter 7 of Draft Report. Review and comment. Prepare Capital Financial Schedule Based on a 2 percent and 6 percent growth scenario and actual participation rates, calculate the probable revenue to be generated. With current connection fee. Based on cost and timing of system buildout scenarios as described in Chapter 5, prepare a projected cash flow schedule. A-6 Task 7c 7d 7e 8 8a 8b 8c 9 9a 10 10a Engineer's work Winslow's work Review financial data and estimate future annual operating revenue require- ments and rate revenue income using current budgets and rates and a constant inflation factor. Calculate revenue that can be applied to offset capital expansion needs. Prepare Chapter 9 of Draft Report detailing capital financing requirements. Review and comment. Prepare Report Engineer will prepare ten copies of the draft report for City review. City will review and return one copy to Engineer con- taining all City comments. Engineer will revise report based on these comments and submit 20 copies of final report to the City. Attend Council and Public Meetings Engineer will attend a maximum of four meetings to present progress reports. City shall notify Engineer at least one week prior to meetings and assist as required in presentation of data. Project Management Engineer shall manage project budgets and per- formance and report to the City on a monthly basis. EXHIBIT B COMPENSATION CITY OF WINSLOW WASTEWATER FACILITIES NEEDS SURVEY Compensation for services provided under Article I shall be in accordance with the methods described in this exhibit and the estimated cost ceiling defined in Article III of this Exhibit. Method of Compensation Compensation for each service or task authorized on a cost reimbursement basis shall be the sum of direct labor cost, indirect costs, and other direct costs plus a fixed professional fee. Costs to be paid comprise the following: A. Direct Labor Costs Direct labor costs shall be the total number of hours worked on the job by each employee times the actual rate of pay for that individual. B. Indirect Costs Indirect costs shall be the product of all direct labor costs multiplied by an overhead rate of 1.85. Allowability of indirect costs and acceptability of cost allocation methods shall be determined in accordance with the applicable portions of the Federal Procurement Regulations, 41 CFR 1-15.4 as in effect on the date of this agreement. C. Other Direct Costs Other direct costs shall be billed at cost and shall include the following: Services directly applicable to the work, such as special legal and accounting expenses, computer rental .and programming costs, special consultants, borings, and similar costs that are not applicable to general overhead. Identifiable reproduction costs applicable to the work, such as printing of drawings, photostating, multilithing, printing and similar costs. Exhibit B--Page 1 of 3 September 8, 1986 Identifiable communication expenses, such as long distance telephone, telegraph, cable, express charges and postage other than for general correspondence. 4. Computer costs at $15 per hour. 5. Automobile expenses at $0.25 per mile. 6. Subcontracted services. 7. Flowmeter rental at $150/month each. The sum of costs as described under items IA, IB, and IC shall be payable up to a price ceiling as listed in Article III below. D. Fixed Professional Fee Fixed professional fee for engineering services shall be the amount listed in Article III below. E. Progress Billing The monthly compensation shall be the sum of all direct labor, indirect costs, and other direct costs incurred during the month, plus a percentage of the fixed professional fee. The percent of total fixed professional fee to be paid each month shall be in proportion with the total cost of work completed. Upon completion of the work, the balance of any fixed professional fee shall be paid. II. Schedule Assumptions and Cost The estimated cost of each task is based on the time required to complete the task and at what point in time the work is carried out. The schedule upon which the cost estimate is based assumes authorization of this contract in September 1986 and completion of the tasks by May 30, 1987. III. Compensation The City and Consultant, having negotiated for the performance of services described in this Agreement, mutually agree to the establishment of an estimated cost ceiling in the amount of $34,721 for the performance of said services as described in Exhibit A. Exhibit B--Page 2 of 3 September 8, 1986 The estimated cost ceiling of $34,721 may not be exceeded without formal written approval of an Amendment to this Agreement. If changes in the scope or amount of work described in Exhibit A occur, a change in the cost ceiling to compensate the Consultant shall be renegotiated by the Consultant and the City, and an Amend- ment executed. The City and Consultant, having negotiated for the performance of the engineering services described in this Agreement, mutually agree to the establishment of a fixed professional fee in the amount of $3,915 which shall be paid to Consultant for the performance of services under this Agreement. Exhibit B--Page 3 of 3 September 8, 1986 MANHOUR AND COST BUDGET Task Person Technical Tasks 1 Hunter Wilcox 2 Ma so n Merrill Hunter Miller Wilcox 3 Hunter Miller Wilcox 4 Hunter Miller Wilcox 5 Hunter Miller Wilcox Financial Tasks 6 Guttmann Wilcox 7 Guttmann Lumry Wilcox 8 Hunter Plancic Wilcox Cost/hour Hours Total cost 89.45 4 358 87.72 4 352 87.72 8 702 58.50 60 3,510 38.08 8 305 87.72 8 703 58.50 64 3,744 38.08 8 305 87.72 40 3,509 58.50 16 936 38.08 16 610 87.72 16 1,403 58.80 8 470 38.08 8 305 84.35 10 844 38.08 4 153 84.35 15 1,265 25.00 5 125 38.08 3 114 87.72 40 3,509 51.04 24 1,225 38.08 40 1,523 $87.72 16 $ 1,404 38.08 4 153 MANHOUR AND COST BUDGET Page two Task Person Cost/hour Hours Public Meetings 9 Hunter 87.72 10 Guttmann 84.35 10 Plancic 51.04 8 Management 10 Mason 89.45 16 TOT AL 494 Total cost 877 844 408 1,431 $32,621 Other Direct Costs Travel Flowmeter rental, four for 2 months each Copy, reproduction, computer charges TOTAL $ 100 1,200 800 $ 2,100