ferndale city council request for council action
TRANSCRIPT
Ferndale City Council
REQUEST FOR COUNCIL ACTION Department Prepared By: CITY CLERK’S OFFICE
AGENDA BILL #18-09-009
TITLE:
Ordinance Resolution Motion Info Only Discussion Date Council Action Requested: September 17, 2018 Prepared by: Susan Duncan, City Clerk Reviewed By: Date: 9/12/2018
SUBJECT: Engineering Services Contract – WWTP Upgrade
Committee: P&LU PW&U F&A
Mayor X
City Administrator X
City Clerk’s Office X
Community Development Dept
Public Works Department X
City Attorney’s Office
Finance Department X
Police Department
Board/Commission
Hearings Examiner ACTION REQUESTED: VOTE NEEDED TO PASS:
SUMMARY: Please see staff report.
DISCUSSION/ANALYSIS/ISSUES: Public Works & Utilities Committee members unanimously forwarded this item to the full Council for further discussion. RECOMMENDATIONS: Approval of AB #18-09-009 ATTACHMENTS: Staff Report Contract
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City of Ferndale
CITY COUNCIL STAFF REPORT
MEETING DATE: __________ AGENDA BILL #__________
SUBJECT: Water Treatment Plant Upgrade DATE: September 12, 2018 FROM: Mike Olinger, Public Utilities Superintendent PRESENTATION BY: Kevin Renz, Public Works Director & Mike Olinger
RECOMMENDATIONS: That City Council award the bid for engineering services to Wilson Engineering for the amount of $296,000 for these professional services with a 10% contingency. BACKGROUND: The work constitutes services to be provided by Wilson Engineering and its subconsultants K Engineers and GeoEngineers. This scope of services covers design and bidding phase services for the proposed Water Treatment Plant Upgrade Project. This phase of the project will include developing a project report per DOH requirements, pilot study, plans, specifications, bid documents, and bidding the project. This includes all work associated with the construction of a building addition; two additional reverse osmosis treatment units; remineralization system; anti-scalant addition system; new/modified piping, electrical, and controls; and lifting systems (e.g., jib cranes).
ANALYSIS: ALTERNATIVES CONSIDERED: The Council has the following alternatives
1) Award the contract as recommended. 2) Take no action at this time. 3) Direct staff to proceed in another direction.
FISCAL REVIEW: Funding is available in the Water fund to cover this work. LEGAL REVIEW: N/A CONCLUSION: Staff recommends APPROVAL of the contract for Wilson Engineering to provide engineering services.
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AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR
CITY OF FERNDALE
Preparation of Bid Documents for Water Treatment Plant Upgrade Project
THIS AGREEMENT is made by and between City of Ferndale, a municipal corporation of the State of
Washington, hereinafter referred to as "City," and Wilson Engineering, LLC, Consulting Engineers and
Surveyors, hereinafter referred to as the "Engineer," for the purpose of providing engineering services for
Preparation of Bid Documents for Water Treatment Plant Upgrade Project for the drinking water
treatment plant.
SECTION I: RELATIONSHIP OF THE PARTIES
City desires to retain the services of an engineer as consultant and engineer for planning and engineering
matters related to the City’s business and hereby employs Wilson Engineering, LLC to perform the
engineering work described herein for the planning, design, and construction of projects contemplated by
the City. All work will be done under the supervision of the Public Works Director.
The Parties to this Agreement, to the extent permitted by law, each bind themselves, their successors,
executors, administrators, and assigns to the other party to this Agreement and to the successors,
executors, administrators, and assigns of such other party in respect to all covenants to this Agreement.
The Parties intend that this Agreement shall create an independent contractor relationship between the
Engineer and the City. No agent, employee, servant, or representative of the Engineer will be deemed to be
an employee, agent, servant, or representative of the City for any purpose whatsoever, and no employee of
the Engineer will be entitled to any benefits of City employment. The Engineer will solely and entirely be
responsible for its acts and for the acts of its agents, employees, servants, and/or subcontractors during the
term of this Agreement.
SECTION II: SCOPE OF SERVICES
SCHEDULE AND BUDGET Bid documents will be completed by January 31, 2019. The attached Exhibit A (spreadsheet) gives the basis for the not-to-exceed estimate of $296,000 for these professional services. All work will be performed on a time and materials basis at the personnel and expense rates shown in Exhibit B.
SCOPE OF WORK The work described above and in the following sections constitutes services to be provided by Wilson Engineering and its subconsultants K Engineers and GeoEngineers. This scope of services covers design and bidding phase services for the proposed Water Treatment Plant Upgrade Project. This phase of the project will include developing a project report per DOH requirements, plans, specifications, bid documents, and bidding the project. The scope of work includes the following task and assumes that the following facilities will be designed and built. I. WATER TREATMENT PLANT UPGRADE PROJECT This includes all work associated with the construction of a building addition; two additional reverse osmosis treatment units; remineralization system; anti-scalant addition system; new/modified piping, electrical, and controls; lifting systems (e.g., jib cranes), new flow meter, and added clearwell volume. Detailed description of facilities:
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Building addition to water treatment plant
• Size approximately 1,500-2,000 SF
• Construction similar to existing (except it will be slab on grade)
• Lighting, plumbing, HVAC Feed pumping for each RO Unit
• vertical inline 60-75 HP, capacity 500 gpm @ 150 psi, VFD
• pre-filter
• conductivity meter RO system (3 units) (feed water flow, temperature and pH meter; pressure safety valve)
• Stage 1 – 11 FRP vessels, with 6, 8” x 40” membranes elements
• Stage 2 – 6 FRP vessels, with 6, 8” x 40” membrane elements
• Stage 3 – 3 FRP vessels, with 6, 8” x 40” membrane elements
• Each stage and vessel can be isolated and maintained independently
• Flow through vessels will be di-directional to reduce fouling
• Throttling valve for concentrate to waste
• Permeate throttling
• Direct reading rotameter for each concentrate and permeate stream.
• Permeate discharge check valve
• Automatic concentrate purge control and solenoid valve Permeate flush system
• Extend piping to new RO Units Clean in Place (CIP) system
• Extend piping to new RO Units Remineralization system
• Capacity = 3,000-3,500 GPM minimum (includes bypass if any)
• Alternative 1: replace greensand with calcite (reuse tanks, backwash and piping system)
• Alternative 2: Demolish greensand tanks and replace with commercial calcite contact tanks including backwash system
• Cranes for loading calcite into tanks
• Discharge piping from calcite tanks to clear well
• Bypass piping
• Isolation valves, throttling valves Anti-scalant Systems (3 additional units)
• Dosing pump with calibration column and multifunction valve, and injection ports (capacity of 0.01 GPH to 0.1 GPH @25 psi).
• Integration with SCADA Chlorination
• Modify chlorine injection with design of remineralization system. Miscellaneous Equipment
• Jib cranes (3) for hoisting RO pumps, equipment Instrumentation
• Feed o Pressure, Pressure transducer and indicators (4) o pH/temp, sensor/transmitter (1) o Flow, Magnetic flow meter (1) o Conductivity transmitter (1)
• Permeate, each unit o Pressure, Pressure transducer and indicators (1) o pH, sensor/transmitter (1) o Flow, direct reading Rotameters (3) o Conductivity transmitter (1)
• Concentrate, each unit o Pressure transducer and indicators (1)
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o Waste Flow: Magnetic flow meter (1)
• Integration with SCADA Electrical and controls integration:
• 3-phase 460V power o Feed Pumps: 3 x 60-75 HP
• 1-phase 110V power: o Valves, instrumentation, lighting o Anti-scalant pumps (3) o Outlets o Overhead Door o Jib cranes
• PLC for fully automatic operation (e.g., Allen Bradley MicroLogix with Panelview 1000 HMI)
• MCC Panel
• SCADA integration
• New generator and transfer for water treatment plant
• Replace booster pumps insertion meter with mag-meter o New Vault o New 12-inch flow meter with 12”-20” reducers and spools
• Convert Raw Water Basin at WTP to additional Clearwell volume o Install new submerged piping through wall from existing Clearwell o Install submerged manifold outlets in converted Raw Water Basin o Install connection between existing Clearwell and Raw Water Basin
II. PROJECT REPORT
Sub-Task 1. Communications
a. Communications and review sessions with City staff.
b. Communications and submittals to DOH.
c. Prepare for and attend public meetings.
a. Manage project delivery and schedule.
Sub-Task 2. Preparation of Project Report
Prepare a Project Report for the Reverse Osmosis Treatment System and remineralization that meets all
of the requirements for approval by Washington State Department of Health (the following ‘Task 2’
numbering corresponds with DOH report preparation criteria numbering).
2.2.1 Project Description
a. A description of the problem or problems being addressed and why the project is proposed.
b. A summary of the recommended alternative, proposed construction schedule, estimated project
cost, and financing method.
c. The relationship of the project to other water system components.
d. A statement of change in the physical capacity of the water system and its ability to serve
customers, if applicable.
e. Explanation of why the State Environmental Policy Act (SEPA) does not apply to the project.
f. Summary of source development.
g. Description of water treatment system.
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2.2.2 Planning
Water System Plan amendment: Provide text, figures, and tables to incorporate into a Water System
Plan amendment to be prepared by others.
2.2.3 Analysis of Alternatives
A comparison of alternative solutions and the rationale for selecting a proposed alternative is required for
all types of projects (WAC 246-290-110(4)(c)). The comparison will include life-cycle cost evaluations
(initial costs plus on-going operations and maintenance costs).
2.2.4 Water Quality
Review of water quality as it relates to the purpose of the proposed project, including results of raw- and
finished-water quality analyses.
2.2.5 Water Quantity and Water Rights
This project report will reference the existing water rights and water rights application
2.2.6 Engineering Calculations
Describe how the project complies with design considerations in Section 2.2.7. The project report or DOH-
approved WSP must include the physical capacity analysis, hydraulic analysis, and sizing justification
(WAC 246-290-110(4)(f)). Includes relevant technical considerations necessary to support the project.
Prepare a treatment capacity analysis to determine whether the installed treatment processes limit the
water system’s source production capacity. The water system must have sufficient treatment capacity
together with storage, to provide a reliable supply of treated water equal to or exceeding the MDD.
2.2.7 Design Criteria
These criteria include:
a. Design and construction standards, including performance standards, construction materials and
methods, and sizing criteria, as applicable.
b. Locally adopted design standards relevant to the project.
c. Process design concepts and calculations: Detailed narrative of design concepts, design
calculations, and supporting information for the treatment process(es), process piping and
equipment, process control, and waste disposal.
d. Other project design elements: Outline the general design aspects, such as siting issues, ingress
or egress access, roads, sidewalks, parking, earthwork, drainage facilities, building layout and
design, special structural requirements or constraints, heating, ventilation, fire suppression
features, general utilities, electrical supply, and safety.
2.2.8 Legal Considerations
This section will require minimal work.
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2.2.9 Operations and Maintenance Considerations
If the following elements are not in a DOH-approved WSP, include them in the project report for all projects
that add considerably to the operational and maintenance needs of the water system (such as storage
tanks, booster pump facilities, source of supply, and water quality treatment):
a. Describe the routine operations tasks and frequencies.
b. Describe the preventive maintenance tasks and frequencies.
c. Discuss the estimated operations and maintenance costs related to the project.
2.2.10 Start-up, Testing, and Operations
Describe the general methods and schedules for start-up, testing and operations. Methods should identify
specific standards and the persons involved.
2.2.11 Operations Program
Prepare a Preliminary Operations Program for the water treatment system that describes:
a. Procedures used to determine chemical rates.
b. Operations and maintenance for each unit process.
c. Treatment plant performance monitoring.
d. Laboratory procedures.
e. An overall schematic of the treatment process.
f. Process and instrumentation diagrams for the treatment facility.
2.2.12 Training Requirements
The project report will specify applicable operator training requirements, specific training the equipment
supplier(s) will provide, and related schedules. The final Operations Program and equipment-specific
operations and maintenance manuals should be available during the operator training sessions.
2.2.13 Treatment System Reliability
Describe treatment system reliability. “Treatment reliability” means the failure of any single component
will not prevent a treatment facility from meeting drinking water standards. Information on treatment-
process reliability is in the Preface of this manual and other design references (AWWA 1998d; Ten State
Standards 2007).
2.2.14 Chemical Overfeed and Backflow Prevention
Describe methods for prevention of chemical overfeed and backflow prevention.
2.2.14 Chemical Overfeed and Backflow Prevention
Describe methods for prevention of chemical overfeed and backflow prevention.
2.2.15 Pilot Study Results
Summary of all relevant Pilot Study Results (Pilot Study Preliminary Report by Vendor to be included as
appendix).
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2.2.16 Summary
Summary of alternatives analysis, selected treatment system, costs, implementation, and schedule.
III. PILOT STUDY Complete a Pilot Study of the Reverse Osmosis System and remineralization system using the new
source blended with the existing source. This work includes:
• Preliminary design of system configuration – that meets a minimum of 87% source water
recovery.
• Selection of pilot testing equipment, supplies, and pretreatment chemicals.
• Protocol for pilot study: methods, schedule, testing, and criteria for success (the vendor will
provide input to preparation of protocol)
• Coordination with DOH.
• Coordination with pilot equipment supplier and with treatment plant staff.
• Assistance with setup and operation of pilot equipment.
• Coordination with laboratory testing (the City will be responsible for collection and laboratory
analysis of water samples).
The vendor will provide all equipment and all chemicals needed for the pilot testing. The city will provide
well water trucked onto site and a storage tank on site for blending the well water.
The City will be responsible for collecting and laboratory analysis of water samples at regular intervals.
The results of these samples will be provided to the vendor for use in preparing their pilot study reports.
The City will also be responsible for keeping a daily log of system readings, which will be provided to the
Vendor and Wilson Engineering for use in reports.
IV. PILOT STUDY REPORT
Complete a pilot study report that includes:
• Tabular data for each measured parameter. The vendor will provide daily data and normalized
data as shown below.
• Graphical data showing relationships between measured parameters.
• Narrative on the relationships between measured parameters.
• Cost projections for full-scale operation (yearly, monthly, and per customer).
• Final design and operational parameters.
• Recommendations for full-scale implementation.
• Comparison of recommended design and operational parameters to design goals, water quality
goals, and other performance benchmarks.
The vendor will provide a preliminary and comprehensive report of the pilot testing.
OVERALL PROJECT TASKS
Task 1 Provide overall management of projects including budgets, scheduling, billing, and contracting.
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Task 2 Present project information at one public meeting.
Task 3 Develop Operating Strategy Work with City staff for developing an operating strategy for using the three different source wells and the treatment system in an efficient, effective and flexible manner.
Task 4 Conceptual Layouts Prepare conceptual layout of the building addition and locations of RO units and remineralization units.
Task 5 Preliminary Engineering & Background Data Collection Compile data for the new RO units and remineralization units and associated systems. Flows, water chemistry, and system operation needs.
Task 6 Design Phase - Calculations, Evaluation, Equip. Selection Provide sizing calculations, hydraulic calculations, treatment modeling, and materials quantities. Work with vendors to select appropriate equipment and obtain drawings, specifications and costs. Task 7 60% Design Plans (General, Structural, Mechanical, Electrical, & Controls) and specifications. Documents will include bid forms, contract forms, general specifications, and Division 1 though Division 16 special provisions.
Task 8 90% Design Plans (General, Structural, Mechanical, Electrical, & Controls) and specifications. Documents will include bid forms, contract forms, general specifications, and Division 1 though Division 16 special provisions.
Task 9 100% Design Plans (General, Structural, Mechanical, Electrical, & Controls) and specifications. Documents will include bid forms, contract forms, general specifications, and Division 1 though Division 16 special provisions.
Task 10 Cost Estimates - 60%,90%,100% Prepare construction cost estimates. Task 11 Bid Phase Assist with bidding by answering questions during bidding and providing addenda.
Task 12 Geotechnical Explorations, Report Assist with bidding by answering questions during bidding and providing addenda.
Task 13 Permitting Assist with bidding by answering questions during bidding and providing addenda.
Task 14 Topographic / Boundary Survey Assist with bidding by answering questions during bidding and providing addenda.
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Task 15 Pilot Study Design Pilot study design.
Task 16 Pilot Study Procurement Identify vendors and obtain quotes.
Task 17 Pilot Study Protocol Verify protocols for vendor to follow in implementation.
Task 18 Pilot Study Implementation Provide oversight for implementation.
Task 19 Pilot Study Report Review and comment on pilot study report.
Task 20 Interim Project Report Prepare interim project report for review.
Task 21 Draft Project Report Prepare draft project report for review.
Task 22 Final Project Report Prepare interim project report for submittal to DOH.
Task 23 Pilot Study Contingency
DELIVERABLES FOR SCOPE OF WORK:
1. Public Meetings (1) 2. Conceptual layouts 3. 60% Plans, Specifications and Cost Estimates 4. 90% Plans, Specifications and Cost Estimates 5. 100% (bid-ready) Plans, Specifications and Cost Estimates 6. Geotechnical report 7. Permit applications and exhibits 8. Pilot Study Design 9. Pilot Study Report 10. Interim Project Report 11. Final Project Report 12. Addenda
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B. ESTIMATED BUDGETS
The estimated budget for completing the scope of work is included as Exhibit A. The Scope of Work is
based on the best information available at the time regarding the anticipated and recommended work
requirements. The Engineer will not incur costs to the City beyond such budgeted amount without City’s
prior approval; and at such times as it appears to the Engineer that the total costs to perform the Scope of
Work for a specific budgeted project will exceed the agreed upon budget, Engineer will notify the City in
writing. The City and Engineer then shall consider whether some work should be deleted or the budgeted
amount should be increased. If, after such notification, additional funds are not allotted or agreed to be
provided, the Engineer shall not be obligated to continue performance that would incur costs in excess of
the aforementioned sum.
C. ASSIGNMENT AND/OR SUBCONTRACTING:
The Engineer shall not assign or subcontract any portion of the services provided within the terms of this
Agreement without obtaining prior written approval of the City. All terms and conditions of this Agreement
shall apply to approved subcontracts or assignments related to this Agreement. Engineer shall be
responsible for all payments to subcontractors and shall prevent, or promptly remove any and all liens
against the project arising from the work of any subcontractor, supplier, or employee.
SECTION III: PAYMENT FOR ENGINEERING SERVICES
A. BASIS OF COMPENSATION
Payment to the Engineer for services set forth in Section II shall be based on actual work performed at the
personnel rates defined by the Engineer’s then current fee schedule (Exhibit B included for January 1 –
December 31, 2018). It is anticipated that the fee schedule will be adjusted annually on January 1, and any
such annual adjustments will be subject to the approval of the City.
In addition, the Engineer shall be reimbursed for all subcontractor costs at the rate of cost plus 8.0%. The
Engineer shall also be reimbursed for out-of-pocket expenses incurred in the direct performance of the
consulting services or attributable to a specific project at actual invoice charge. Out-of-pocket expenses are
defined as all costs, other than payroll costs, which are directly attributable to a specific project. They shall
include items such as directly applicable technical expenses, postage, permit application fees, and such
other items of expense incurred in the direct performance of the consulting services or attributable to a
specific project. Payment shall be made monthly upon receipt and approval of the Engineer’s invoice.
B. TIMELINESS OF PAYMENT
The City agrees promptly to make payments, as invoiced, for services and costs to be furnished and incurred
under this Agreement. In the event an invoice remains unpaid for more than 60 days from date of invoice,
the City shall pay interest at the rate of one percent per month until full payment is made on the past due
amount, unless otherwise provided for in this Agreement. In the event that an invoice for payment remains
unpaid for more than 90 days from date of invoice, the Engineer shall not be obligated to continue with the
performance of the services described and contracted for herein. The Engineer will not incur any liability for
damages due to delay of the project as a result of stopping performance of services due to the failure of the
City to pay for services rendered.
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SECTION IV: STANDARD PROVISIONS A. PROFESSIONAL SERVICES
The Engineer shall be consultant and advisor to the City and shall not be agent or representative of the City,
except as may specifically be authorized in writing by the City in respect to particular scope(s) of services
relating to the project. The Engineer represents that the studies, projections, plans, reports, designs,
drawings, specifications, cost estimates, and all other engineering, consulting, and analytical services
furnished under this Contract will be in accordance with generally accepted professional practices. The
Engineer makes no other representation or warranty, express or implied.
B. CLAIMS AND DISPUTES OF OTHER PARTIES
The Engineer will assist the City in reviewing and evaluating claims and disputes, preparing information for
the City’s legal counsel, providing services as witness in litigation, arbitration, or mediation to which the City
is a party, and providing other services in connection with actual or potential claims or disputes arising out
of the project, regardless of whether or not the Engineer is named in such legal action. The Engineer will
be compensated for providing such assistance in accordance with Section III of this Agreement.
C. RESPONSIBILITY OF ENGINEER
1. The Engineer shall perform such professional services as may be necessary to accomplish
the work required to be performed under the terms of this contract agreement including, but
not limited to, assisting the City in obtaining all necessary approvals from local, state and
federal reviewing agencies. The Engineer does not guarantee that permits and approvals
for City projects can be obtained.
2. The Engineer shall be responsible for the professional quality, technical adequacy and
accuracy, timely completion, and the coordination of all designs, drawings, specifications,
contract documents, reports, and other services furnished by the Engineer under the terms
of this contract agreement.
3. The Engineer shall, without additional compensation, correct or otherwise revise any errors,
omissions, or other deficiencies in the design, drawings, specifications, reports, and other
similar documents/data prepared or furnished by the Engineer.
4. Approval by the City or by the State of Washington or any of their departments, agencies, or
employees of any construction phase designs, drawings, specifications, reports, and
incidental engineering work or materials furnished shall not relieve the Engineer of the
responsibility for the technical adequacy and accuracy of this work.
5. Neither the City's review, approval or acceptance of, nor payment for, any of the Engineer's
services shall be construed as a waiver of any rights under this contract agreement or any
cause of action arising out of the performance of this contract agreement.
6. During the construction phase (if included in the scope of work), the Engineer shall make
on-site observation of the work in progress and checks of material and equipment as
required, and report observed deficiencies in the work. The Engineer is not responsible for
the safety of persons on and about the construction site. In connection with construction
work, the Engineer is not and does not purport to be a safety engineer and is not engaged
in that capacity by this contract, and shall have neither authority not responsibility to enforce
construction safety laws, rules, regulations, or procedures. Responsibility, if any, of the City
for monitoring or enforcement of laws, rules, regulations or procedures relating to safety in
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connection with construction of the project shall be discharged by the City in such a manner
as the City may elect. Furnishings by the Engineer of resident or periodic project
representation shall not make the Engineer responsible for construction means, methods,
techniques, sequences, or procedures, nor for the contractor’s failure to perform the
construction work in accordance with safety laws and/or the contract documents.
D. RESPONSIBILITY OF THE CITY FOR PERMITS
The Engineer will assist the City in obtaining and maintaining permits (if any) as requested. However, the
City retains sole responsibility for obtaining and complying with the terms and conditions of any and all
permits necessary for the operations of its facilities.
E. ESTIMATED CONSTRUCTION COSTS
The Engineer's cost estimates (if any) for construction work (if any) contemplated by the City are to be made
on the basis of experience and qualifications and represent best judgment as design professionals familiar
with the construction industry. The Engineer cannot and does not guarantee that proposals, bids, or the
project construction costs will not vary from cost estimates prepared by Engineer. City acknowledges that
the Engineer has no control over a contractor’s methods of determining prices, or over competitive bidding
or market conditions.
F. INSURANCE
The Engineer agrees to obtain and maintain, at its expense, such insurance as will protect the Engineer
from claims under the Workmen's Compensation Act and such comprehensive general liability insurance in
an amount of not less than $1,000,000.00 per occurrence as will protect the City and the Engineer from all
claims for bodily injury, death, or property damage which may arise from the performance of the Engineer's
functions and services required under this Agreement, by the Engineer or by the Engineer's employees. In
addition, the Engineer shall obtain and maintain in force a policy of Architects and Engineers Professional
Liability Insurance, with a limit of not less than $1,000,000, to protect the Engineer from professional liability
claims arising out of the performance of this Agreement.
All insurance policies shall be issued by companies authorized to do business under the laws of the State
in which the work or any portion of the work is performed, shall be in form satisfactory to the City and
Engineer and shall contain a provision prohibiting cancellation, termination or modification except upon at
least 30 days prior written notice to the City. Certified copies of said policies or certificates evidencing such
insurance shall be filed with the City before any payments are made to the Engineer. Said professional
liability policy shall be maintained in force at Engineer's expense for one year following completion of work
covered by this agreement.
G. INDEMNITY
The Engineer shall indemnify and hold the City harmless for all claims arising out of the Engineer's negligent
performance of the professional services as set forth under this Agreement.
H. NON-DISCRIMINATION CLAUSE
The parties hereto agree to abide by all federal, state, and county laws prohibiting discrimination with regard
to employment and provision of services. The Engineer shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex, national origin, creed, marital status, physical,
mental, or other sensory handicap, or age, except where such constitutes a bona fide occupational
qualification.
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I. LICENSING
The Engineer agrees to comply with all applicable federal, state, county, or municipal standards for licensing,
certification, and operation of facilities and programs, and accreditation and licensing of individuals. The
Engineering firm hereby certifies that it is authorized to do business in the State of Washington and that it is
in full compliance with the requirements of the Board of Professional Registration.
J. SUSPENSION/TERMINATION
This Agreement may be terminated, in whole or in part, by either party hereto upon thirty (30) days advance
written notice sent by registered mail to the other party at its usual place of business. In the event this
Agreement is terminated, the City will pay the Engineer for the services performed to the time of such
termination in accordance with the Engineer's then current fee schedule. In addition, the Engineer shall be
reimbursed for all direct out-of-pocket expenses incurred in the direct interests of the work.
K. SEVERABILITY
It is understood and agreed by the parties hereto that if any part of this Agreement is determined to be illegal,
the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall
be construed as if the Agreement did not contain the particular illegal part.
L. DISPUTE RESOLUTION
If a dispute arises out of or relates to this contract, or the breach thereof, and if said dispute cannot be settled
through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered
by the American Arbitration Association under its Construction Industry Mediation Rules before resorting to
arbitration. Any such dispute not resolved by mediation shall be settled by arbitration administered by the
American Arbitration Association under its Construction Industry Arbitration Rules if the Engineer’s
professional liability insurer agrees to that course of action, and judgment on the award rendered by the
arbitrator(s) may be entered in any court having jurisdiction thereof.
M. LIMITATION OF LIABILITY
In recognition of the relative risks and benefits of the project to both City and Engineer, to the maximum extent permitted by law, the City. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, the total liability, in the aggregate, of Engineer and Engineer’s officers, directors, partners, employees, agents, and Engineer’s Consultants, and any of them, to City and anyone claiming by, through, or under City for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or breach of contract, or warranty express or implied, of Engineer or Engineer’s officers, directors, partners, employees, agents, or Engineer’s Consultants, or any of them (hereafter “City’s Claims”), shall not exceed the total insurance proceeds paid on behalf of or to Engineer by Engineer’s insurers in settlement or satisfaction of City’s Claims under the terms and conditions of Engineer’s insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal). If no such insurance coverage is provided with respect to City’s Claims, then the total liability, in the aggregate, of Engineer and Engineer’s officers, directors, partners, employees, agents, and Engineer’s Consultants, and any of them to City and anyone claiming by, through, or under City for any and all such uninsured City’s claims shall not exceed $200,000.00 or the Engineer’s total fee for services rendered on the project, whichever is greater. This limitation shall apply regardless of the cause of action or legal theory pled or asserted.
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N. THIRD - PARTY BENEFICIARY CLAUSE
Where State of Washington funds may be used to pay for particular services of the Engineer, all parties
agree that the State of Washington shall, upon occasion, be named in writing as an express third party
beneficiary of this contract agreement, with full rights as such.
This agreement is made entirely for the benefit of the City and the Engineer and successors in interest. No
third party (save specific State of Washington exception above) shall have any rights hereunder, whether
by agency or as a third party beneficiary or otherwise.
O. GOVERNMENT INTEREST EXCLUSION CLAUSE
It is anticipated that certain projects may be funded in part by the Washington State Department of Ecology
Centennial Clean Water Fund or State Revolving Fund, the Washington State Department of Health Drinking
Water State Revolving Fund, the federal Rural Utility Service, the State Community Trade and Economic
Development department, the Public Works Board’s Public Works Trust Fund, and other such public funding
mechanisms. Neither the Federal Government nor the State of Washington nor any of its agencies,
departments, or employees are, or shall be, a party to this contract agreement or any subcontract.
P. AUDITS: ACCESS TO RECORDS AND INSPECTION CLAUSES
1. Where Federal or State of Washington funding is provided for engineering and surveying
services provided under this agreement, the federal or state government and any of its
departments or authorized representatives, shall have the right of access to any books,
documents, papers, or other records pertinent to the services in order to make audits,
inspections, examinations, excerpts, transcripts and copies. Such right of access is limited
to the retention periods required by the specific funding programs.
2. The Engineer shall maintain books, records, documents, and other evidence directly
pertinent to the work performed under this contract agreement in accordance with generally
accepted accounting principles and funding program requirements that may be specifically
identified. The Engineer shall also maintain the financial information and data used by the
Engineer in the preparation or support of public loan or grant documentation prepared in
behalf of the City.
Q. EQUAL EMPLOYMENT OPPORTUNITY
The Engineer shall comply with Executive Order 11246, entitled "Equal Employment Opportunity," as
amended by Executive Order 11375, and as supplemented in Department of Labor regulations 41 CAR part
60.
R. SMALL, MINORITY, AND WOMEN'S BUSINESSES
The Engineer agrees to take affirmative steps to assure that small, minority, and women's businesses are
utilized when possible as sources of supplies, equipment, construction, and services. Affirmative steps shall
include:
1. Including qualified small, minority, and women's businesses on solicitation lists.
2. Assuring that small, minority and women's businesses are solicited whenever they are
potential sources.
3. When economically feasible, dividing total requirements into smaller tasks or quantities so
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as to permit maximum small, minority and women's businesses participation.
4. Where the requirement permits, establishing delivery schedules which will encourage
participation by small, minority, and women's businesses.
5. Using the services and assistance of the Small Business Administration and the Minority
Business Development Agency of the Dept. of Commerce.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on this ________
day of _______________________, 2018.
Wilson Engineering, LLC
805 Dupont, Suite 7
Bellingham, Washington 98225
By:______________________________
Andrew Law, Managing Principal
City of Ferndale
2095 Main Street
Ferndale, WA 98248 Departmental Approval:
_______________________________ ___________________________
City Administrator Department Head
Attachments: Exhibit A Budget Estimate
Exhibit B Billing Rates
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EXHIBIT A
Proposal for Water Treatment Plant Upgrade Project
Task ID Task
Direct Costs
or
Subconsultant
Senior
Eng.
Senior
Structural
Eng.
Project
Eng.
Senior
CAD
Eng.
Tech
Survey
Crew
Task
Estimated
Cost
Total Est.
Hours
1 152$ 152$ 138$ $ 96 122$ 190$
1 Project Management 5,000$ 30 15 11,630$
2 Public Meetings 10 10 4 3,284$
3 Develop Operating Strategy 10 4 2,072$
4 Conceptual Layouts 6 6 12 2,892$
5 Preliminary Engineering & Background Data 32 4 44 10 12,504$
6 Design Phase - Calcs, Eval, Equip. Selection 30 12 60 10 15,884$
7 60% Design
60% General Plans (est. 4 sheets) 2 15 20 4,294$
60% Structural Plans (est. 4 sheets) 1 44 28 9,528$
60% Mechanical Plans (est. 12 sheets) 14 105 75 23,818$
60% Electrical Plans (est. 9 sheets) 12,500$ 1 12,652$
60% Controls Plans (est. 4 sheets) 5,500$ 2 5,804$
60% Specifications and Contract Documents 2,500$ 10 8 45 11,446$
8 90% Design
90% General Plans (est. 4 sheets) 2 15 16 3,910$
90% Structural Plans (est. 4 sheets) 1 24 18 5,528$
90% Mechanical Plans (est. 12 sheets) 6 74 48 15,732$
90% Electrical Plans (est. 9 sheets) 8,200$ 2 8,504$
90% Controls Plans (est. 4 sheets) 3,000$ 2 3,304$
90% Specifications and Contract Documents 1,000$ 12 6 48 10,360$
9 100% Design
100% General Plans (est. 4 sheets) 1 8 8 1 2,146$
100% Structural Plans (est. 4 sheets) 1 12 8 2 2,988$
100% Mechanical Plans (est. 12 sheets) 6 36 26 4 8,864$
100% Electrical Plans (est. 9 sheets) 5,200$ 2 4 5,992$
100% Controls Plans (est. 4 sheets) 2,300$ 2 2 2,848$
100% Specifications and Contract Documents 1,000$ 6 2 20 10 6,196$
10 Cost Estimates - 60%,90%,100% 950$ 1 5 18 4,346$
11 Bid Phase 800$ 10 32 4 7,224$
12 Geotechnical Explorations, Report 10,000$ 2 4 1 10,978$
13 Permitting 10,000$ 2 4 1 10,978$
14 Topographic / Boundary Survey 2 2 52 10,460$
15 Pilot Study Design 10 30 5,660$
16 Pilot Study Procurement 8 4 1,704$
17 Pilot Study Protocol 10 1,520$
18 Pilot Study Implementation 30 20 7,320$
19 Pilot Study Report 10 5 2,210$
20 Intermin Project Report 30 15 20 16 10,502$
21 Draft Project Report 2,000$ 30 10 20 20 12,300$
22 Final Project Report 1,000$ 25 20 8 4 8,816$
23 Pilot Study Contingency 20 40 10 9,780$
SUBTOTAL 70,950$ 375 123 705 321 93 52 295,978$ 1617
295,978$ TOTAL ESTIMATE
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EXHIBIT B
Billing rates for work performed January 1 - December 31, 2018:
Principal Engineer $168
Senior Project Engineer $152
Project Engineer $138
Engineer II $122
Engineer I (EIT) $112
Environmental Specialist $86
Senior CAD Design Technician $96
CAD Design Technician $82
Inspector $86
Clerical $70
Senior Professional Land Surveyor $150
Hydrographer $160
Professional Land Surveyor $142
Senior Survey Technician $110
Survey Technician $86
1-Person Survey Crew* $130
2-Person Survey Crew* $190
3-Person Survey Crew* $240
3-D Scanning Survey Crew $245
Hydrographic Survey Crew $285
* Rates may be adjusted when prevailing wage rates apply
Sub-consultants – reimbursed at cost plus 8% Reimbursable direct expenses – reimbursed at cost plus 8% - include (but are not limited to) the following:
Project application fees and project permit fees Publication of notices Reproduction of drawings and construction documents Postage and shipping Direct expenses for travel, meals and lodging outside of Whatcom and Skagit Counties Mileage at project-current IRS mileage rate Specialized Equipment Rental, at rental rate
(Submission of the above personnel rates should not be construed as a proposal to perform a set scope of
work for a particular monetary sum unless accompanied by a detailed estimate of personnel time by
discipline which would be required to perform said work.)
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