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Res 1618 - Agmt HDR Eng Wtr Trm COUNCIL BILL NO. 2292 RESOLUTION NO. 1618 A RESOLUTION ENTERING INTO AN AGREEMENT WITH HDRENGINEERING, INC. FOR A PILOT STUDY OF A PROPOSED WATER TREATMENT SYSTEM AND AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENT. WHEREAS, the City of Woodburn is evaluating a proposal to treat the city's water supply to remove iron and manganese, and WHEREAS, the City desires to evaluate the proposed water treatment system to determine operational expectations and to develop data that would be necessary for design of the water treatment system, and WHEREAS, professional engineering services are required to conduct the pilot study and develop data on the preferred treatment system that, and WHEREAS, the City has conducted a Request for Proposal (RFP) process and determined that HDR Engineering, Inc. is qualified to provide the professional engineering services and an agreement has been developed to provide the required services; NOW THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement, which is affixed as Attachment "A" and by this reference incorporated herein, with HDR Engineering, Inc. for professional engineering services required to conduct the pilot study and develop data on a proposed water treatment system. Section 2. That the Mayor ofthe City ofW oodburn be authorized to sign said agreement on behalf of the City. Approved as to form~'~ ~ '2 '2 00 l City Attorney APPROVED: Page 1 - COUNCIL BILL NO. 2292 RESOLUTION NO. 1618 Submitted to the Mayor February 12. 2001 February 13, 2001 Passed by the Council Approved by the Mayor February 13, 2001 Filed in the Office of the Recorder Feburary 13, 2001 ATTEST: Mary Ten nt, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 2292 RESOLUTION NO. 1618 PERSONAL SERVICES AGREEMENT ATTACHMENT -4--- Page _L. of This Agreement is made and entered into by and between the City of Woodburn, Oregon, an Oregon municipal corporation, hereinafter referred to as "City," and HDR Engineering, Inc., a Nebraska corporation with principal offices in Portland, Oregon, hereinafter referred to as "Consultant," regarding work related to the Water Treatment Pilot Study for the City of Woodburn. IT IS HEREBY AGREED by and between the parties to this Agreement: 1. Term The term of this Agreement shall be from the date of execution by both parties until tasks required hereunder are complete and accepted, unless earlier terminated in accordance herewith. 2. Consultant's Services Consultant agrees to provide the services described in the Scope of Work dated January 12,2001, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by this reference. 3. Payment Consultant will be paid by the City on a lump sum basis as outlined below and in accordance with the proposed budget for compensation described in Exhibit "A" of $28,000. 4. Independent Contractor Consultant is engaged hereby as an independent contractor, and will be so deemed for purposes of the following: A. Consultant will be solely responsible for payment of any Federal or State taxes required as a result of this Agreement. B. The Consultant is an independent contractor for purposes of the Oregon workers' compensation law (ORS Chapter 656) and is solely liable for any workers' compensation coverage under this Agreement. 5. Employees No person shall be employed for more than eight hours in anyone day, or 40 hours in anyone week, except in cases of absolute necessity, emergency or where the public Page 1 - Personal Services Agreement ATTACHMENT A Page 6J...., of eI policy absolutely requires it, and in such cases except in cases of agreements for personal services as defined in ORS 279.051, the laborer shall be paid at least time and a half pay for all overtime in excess of eight hours a day and for work performed on Saturday and on any legal holiday specified in ORS 279.334. Persons who perform work under a personal services agreement shall be paid at least time and a half of all overtime worked in excess of 40 hours in anyone week, except for individuals who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 99201 to 209 from receiving overtime. Should Consultant elect to utilize employees on any aspect of this Agreement, Consultant shall be fully responsible for payment of all withholding required by law, including but not limited to taxes, including payroll, income, Social Security (FICA) and Medicaid. Consultant shall also be fully responsible for payment of salaries, benefits, taxes, Industrial Accident Fund contributions and all other charges on account of any employees. Consultant shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. All costs incident to the hiring of assistants or employees shall be Consultant's responsibility. Consultant shall indemnify, defend and hold City harmless from claims for payment of all such expenses. Unless specifically set forth on Exhibit A, expenses relating to items set forth in this paragraph shall not be the basis of additional reimbursement of Consultant. No person shall be denied or subjected to discrimination in receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, marital status, age, disability or national origin. Any violation of this provision shall be grounds for cancellation, termination or suspension of the Agreement in whole or in part by City. 6. Indemnity and Insurance Consultant shall indemnify and defend City against any loss or liability to the extent of and negligent act or omission by Consultant causing injury or damage to real or personal property, any related claim or action, and shall pay all costs (including attorney fees at trial and on appeal) incurred by City in enforcing this provision. Consultant, its subcontractors, if any, and all employers working under this Agreement are subject employers under the Oregon Worker's Compensation Law and shall comply with ORS 656.017 which requires workers' compensation coverage for all their subject workers. Consultant shall maintain throughout this Agreement the following insurance: A. Workers' compensation and employers liability insurance as required by the State where the work is performed. B. Comprehensive automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from the use of motor vehicles, including on-site and off-site operations, and owned, non-owned, or hired vehicles, with $1,000,000 combined single limits. Page 2 - Personal Services Agreement ATTACHMENT ,A Page -2-, of ~ C. Commercial general liability insurance covering claims for injuries to members of the public or damage to property of others arising out of any covered negligent act or omission of Consultant or of any of its employees, agents or subcontractors, with $1,000,000 per occurrence and in the aggregate. 4. Professional Liability Insurance of $250,000. Except in the case of Workers' compensation insurance, City shall be named as an additional insured with respect to Consultant's insurance coverages identified in Band C above. The coverage provided by these policies shall be primary and any other insurance carried by City is excess. Consultant shall be responsible for any deductible amounts payable under all policies of insurance. 7. Standard of Care In the performance of its professional services, Consultant shall use that degree of care and skill ordinarily exercised under similar circumstances and the same locality by reputable members of its profession practicing in the State of Oregon. Consultant will reperform any services not meeting this standard without additional compensation. Consultant's reperformance of any services, even if done at City's request, shall not be considered as a limitation or waiver by City of any other remedies or claims it may have arising out of consultant's failure to perform in accordance with the applicable standard of care or this Agreement. 8. Termination This Agreement may be terminated by the City by giving Consultant written notice of such termination no fewer that fifteen (15) days in advance of the effective date of said termination. Consultant shall be entitled to terminate this Agreement only in the case of a material breach by the City, and upon failure of the City to remedy said breach within fifteen (15) days of said notice. If City terminates the Agreement for its own convenience, payment of Consultant shall be prorated to and include the day of termination and shall be in full satisfaction of all claims by Consultant against City under this Agreement. 9. Work is Property of City All work in its original form which is performed or produced by Consultant under this Agreement shall be the exclusive property of City and shall be delivered to City prior to final payment. Any reuse of work performed or produced by Consultant under this Page 3 - Personal Services Agreement ATTACHMENT~ Page __!.L.. of ~ Agreement for any purpose other than the intended purpose under this Agreement will be at the City's sole risk. 10. Law of Oregon The Agreement shall be governed by the laws of the State of Oregon. The Agreement provisions required by ORS Chapter 279 to be included in public Agreements are hereby incorporated by reference and shall become a part of this Agreement as if fully set forth herein. 11. Adherence to Law Consultant shall adhere to all applicable federal and state laws, including but not limited to laws, rules, regulations, and policies concerning employer and employee relationships, workers' compensation, and minimum and prevailing wage requirements. Any certificates, licenses or permits which Consultant is required by law to obtain or maintain in order to perform work described on Exhibit "A," shall be obtained and maintained throughout the term of this Agreement. 12. Modification Any modification of the provisions of this Agreement shall not be enforceable unless reduced to writing and signed by both parties. A modification is a written document, contemporaneously executed by City and Consultant, which increases or decreases the cost to City over the agreed sum or changes or modifies the scope of service or time of performance. No modification shall be binding unless executed in writing by Consultant and City. 13. Attorneys Fees In the event a suit or action is instituted to enforce any right guaranteed pursuant to this Agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, a reasonable attorneys fee to be fixed by the trial and appellate courts respectively. The prevailing party shall be defined as a plaintiff recovering 75% or more of the damages demanded from the defendant(s) or a defendant ordered to pay 25% or less of the damages demanded by the plaintiff(s). 14. Integration This Agreement, including but not limited to Exhibits and Consultant's proposal submitted to City contains the entire and integrated agreement between the parties and supersedes all prior written or oral discussions, representations or agreements. In case of conflict among these documents the provisions of this Agreement shall control. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by Page 4 - Personal Services Agreement ATTACHj.tENT A Page -2- of ~ their duly appointed officers on the date first indicated below. CITY OF WOODBURN HDR ENGINEERING, INC. By: Richard Jennings, Mayor By: Date: Date: ATTEST: Mary Tennant, City Recorder City of Woodburn Page 5 - Personal Services Agreement ATTACHMENT A Page -'a...... Of.::a::::: Exhibit A Scope of Work Water Treatment Pilot Study Prepared for: City of Woodburn, OR Prepared by~ BDR EngineeriDi Inc., Portland, OR January 12, 2001 BatkgroUBd and Objeetives The City of W oodbum, OR (UCity") desires to, remove iron and manganese from its drinking water source using a treatment process of potassium pennanganate oxidation and pressure filtration. Removing iron and manganese will reduce staining of plumbing fixtures and laundry, and provide customers with tap water. This scope of work describes engineering services to better define treatment requirements and costs: 1) Basic Services to conduct a Water Treatment Pilot Study and 2) Optional Additional Services to prepare a pre-design report for each proposed water treatment plant. Basic services to be provided by HDR Engineering ("Consultant") are to conduct a water treatment pilot study to demonstrate the effectiveness of the treatment method and to establish design parameters for full-scale water treatment. Additional services that may be performed at the discretion of the City include development of pre-design reports for each proposed water treatment plant. The pre- design reports will use infoJlIlation developed during pilot testing and actual plant site conditions to refine plant designs and cost opinions for City budgeting. The pre-design reports would be used to communicate water treatment intentions to State of Oregon officials, to guide final design, and may facilitate infonnation exchange with citizens. CompensadOD Compensation for Consultant's Basic Services shall be on the basis of lump sum. The amount of the lump sum is Twenty Eight Thousand Dollars ($28,000.00). Lump Sum shall mean a fixed amount that shall be the total compensation agreed upon in advance. Invoices will be submitt~ monthly based on the percentage of project completion. Compensation for Additional Services will be agreed to at a later date and Additional Services will only be performed upon written authorization from City. Responsibilities of City The City will arrange for safe access to and m*e all provisions for Consultant to enter public and private property as required for Consultant to perform services under this contract. The City will 'provide the following related to pilot test equipment and operation: 1) secure room in pump house with at least 2S square feet of clear floor space ATTACt1fENT A Page of :a:::: and at least two standard electrical outlets; 2) standard hose bib for raw water supply to pilot equipment; 3) drain that can accommodate at least 5 gallons per minute of water flow~ 4) consistent operation of well pwnp (water supply) during pilot operation. Basic Services 1. Consult with City to defme and clarify City's requirements for the Project and available data. Develop a pilot testing plan, review it with City staff and incorporate City staff input. 2. Advise City as to the necessity of City's providing additional data that are not part of Consultant's Basic Services, and assist City in obtaining such data. 3. Conduct bench-scale testing. Bench-scale:: testing will be used to establish chemical dosing requirements, detention times, and other treatment process parameters. 4. Conduct pilot testing of up to 3 different profiles of filter media to evaluate their performance in removing iron and manganese. The pilot equipment will include chemical addition, and pressure filtration (with associated valving, monitoring, and backwashing facilities). Services by Consultant include provision of pilot equipment, operation, and water quality testing (field and laboratory). Provide recommendations to City for treatment options that, in Consultant's judgment~ meet City's requirements for the Project S. Prepare a report (the "Report") that will describe the pilot study, data generated, and engineering recommendations. This report will establish the design criteria for full-scale water treatment and verify the suitability of the treatment process. 6. Fumish 5 review copies of the Report to City and review it with City. 7. Revise the Report in response to City's comments, as appropriate, and furnish S final copies of the revised Report to the City. Consultant's services under the Study and Report Phase will be considered complete on the date when the final copies of the revised Report have been delivered to City. Additional Services Additional services are to be completed upon direction by and only after receipt of written authorization from the City. The fee for the additional sc:rv1ces will be negotiated at the time that the additional service is requested. Additional services include any services resulting .from City's request to evaluate additional items in the Study and Report Phase beyond those identified in Basic Services. The following pre-design report is an optional additional service that could be provided to the City. Preliminary Desip Report Following the pilot study, acceptance of the report by City, and upon written authorization from City, HDR will prepare an engineering pre-design report for each A'fTAC.HME ENT A Page....1:L. of <5 water treatment plant proposed. This report will incorporate the treatment process selected by City and any specific modifications or changes in the scope, extent, character, or design requirements of the Project desired by City- The report will develop detailed project concepts, refine the preliminary equipment and building layouts, establish site constraints, building position and orientation, site grading and drainage, and refine capital and O&M cost estimates for detailed budgeting. The pre-design reports provide an opportunity for early co:nuntu1ications with State officials and the public about water treatment plans. 1. On the basis of the above acceptance, selection, and authorization, prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications and written descriptions of the Project. 2. Provide necessary field s1l1'Veys and topographic and utility mapping for design pUIposes. Utility mapping will be based upon infonnation obtain~ from utility owners. 3. Advise City if additional reports. data, information, or services are necessary and assist City in obtaining such reports, data, infonnation, or services. 4. Based on the information contained in the Preliminary Design Phase documents, submit a revised opinion of probable Construction Cost and any adjustments to Total Project Costs known to Consultant. S. Furnish the Preliminary Design Phase documents to and review them with City. 6. Submit to City 5 final copies of the Preliminary Design Phase documents and revised opinion of probable Construction Cost. Consultant's services under the Prelimin~ Design Phase will be considered complete on the date when final copies of the Preliminary Design Phase docwnents have been de1iver~ to City.