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HomeMy WebLinkAbout1991-008 Agrmt - Brown & CaldwellBC Brown and February 22, 1991 Mr. Steve Hall Director of Public Works City of Ashland City Hall Ashland, Oregon 97520 14-3433-21 Subject: Agreement for Consulting Services Water System Taste and Odor Investigation Dear Mr. Hall: In accordance with your request and our discussions with Dennis Barnst and Darrel McVey, Brown and Caldwell Consultants (BCC) is pleased to present this proposal for providing consulting services to assist City staff with ongoing investigations into recent taste and odor (T&O) episodes in the water supply, treatment, and distribution system. For convenience, this proposal is presented in a form that can be accepted and signed as an agreement. The scope of work to be performed by BCC under this agreement is: Review background data from the raw water supply and treatment plant operations during pertinent 1990 T&O episodes. Assist City staff in developing a pro-active monitoring program for the water supply to better anticipate changing water quality conditions. Develop three to five concepts for providing realistic responses to future T&O episodes, including both operational and equipment/plant modification, if required. 4. Provide preliminary-level cost estimates for any significant plant modifications which may be required. 5. Summarize our work in a brief letter report (10 copies). 6. Present our findings to the City Council, if requested. Compensation for services shall be on a time-and-expense basis. Time-related charges will be made in accordance with the enclosed hourly billing schedule. Direct expenses shall be computed on Mr. Steve Hall February 22, 1991 Page 2 the basis of actual cost or purchase price plus a service charge of 10 percent. Subcontractor services (not currently anticipated) shall be computed on the basis of cost plus 15 percent. For budgetary purposes, we have estimated the cost of our services to be approximately $10,000. We will keep you informed regarding our progress and project status on a weekly basis. The work defined herein shall begin immediately after Brown and Caldwell receives the signed copy of this letter agreement from you. The estimated time for completion is within 30 calendar days thereafter. The Project Manager will be Mr. Dennis Eckhardt. His resume is enclosed for your information. Ail work will be performed in accordance with BCC's Standard Terms and Conditions dated October 1, 1987, which are enclosed. To accept this proposal, please sign and date two copies of this letter. Return one copy to BCC for our files. We appreciate your confidence in us, and look forward to the opportunity of working with you and your staff. Please call Dennis Eckhardt at any time if you have questions. Very truly yours, BROWN AND CALDWELL George J. Masonl __~ Seattle office Manager CITY OF ASHLAND Slgna}ure- - - - Printed Name Brian L, Almquist Title City Administrator Date 2-28-91 GJM:sjw Enclosure cc: Mr. Dennis Eckhardt, Brown and Caldwell, Seattle Mr. Terry Gould, Brown and Caldwell, Eugene Brown and Caldwcli Brown and Caldwell 5. Standard Terms and Conditions I. SCOPE Brown and Caldwell agrees to perform the engmeenng serwces described in the proposal or agreement that incorporates these standard terms eno conditions. Unless modified in writing by the parties hereto, the Qut~es of Brown and Caldwell shali not be construed to exceed those seduces specifically set lorth m the proposal or agreement. II. COMPENSATION Client agrees to pay for the services in Articte I in accordance with the compensation provisions in the proposal or agreement Payment to Brown and Caldwell will be made within 30 days after the date pi bil~ing. If payment is not maoe within 30 days, interest on the unpaid balance will accrue beginning on the 31st day at the rate of 1.5 percent per month or the maximum rater- est rate permitted by taw, whichever is less. Such interest ~s due and payable when the over0ue payment is made. Time-related charges will be made in accordance with the billing rate referenced in the proposal or agreement. Direct expenses shall be billed at cost plus a service charge of 10 percent, Sub- contracted services shall be billed at cost plus a service charge of 15 percent. Ill. RESPONSIBILITY Brown and CalQwell is employed to render a professional ser- vice only, and any payments made by Client are compensation solely for such services rendered and recommendations ma0e in carrying out the work. Brown and Caldwelt shall follow the practice of the engineering profession to make findings, provide opimons, make factuat presentations, and provide professional advice and recommendations. in performing construction management services, Brown and Cal0welt shall act as agent of Client. Brown and Caldwell's re- view or supervision of work prepared or performed by other in- divi0uats or firms en3pioyed by Client shall not relieve those individuals or firms of complete responsibility for the a0equacy of their work. It is understood that any resident engineering or inspection pro- vided by Brown and Caldwell is for the purpose of determining compliance with the technical prowsions of the proiect specifi- cations and does not constitute any form of guarantee or ~nsur- ance with respect to the performance of a contractor. Brown and Caidwell Opes not assume responsibility for methods or appli- ances used by a contractor, for the safety of construction work, or for compliance by contractors with laws and regulations. IV. INDEMNIFICATION Brown and Caldwell agrees to indemnify, defend, and hotd Client harmless from and against any liability arising out of the so~e negligent errors or sole negligent omissions of Brown and Catdwell. its agents, employees, or representatives, in the per. formance of duties under the Agreement. V. INSURANCE Brown and Caldwell shah maintain during the life of the Agree- ment the following mimmum insurance: 1. Comprehensive general liability insurance, including per- sonal injury liability, blanket contractual liability, and broad form property damage liability. The combined single iimd for bodily injury and property damage shall be not less than 2. Automobile bodily injury anP property damage gability insur- ance covering owneg, non-owned, rented, and hired cars. The combined single limit for bodily injury and property damage shall be not less than $1.000.000. 3. Statutory worker's compensation and employers' liability ~nsurance as required by state law. ,~. Professional liabillty insurance. VI. ASSIGNMENT These terms and conditions and the agreement to which they are attached are binding on the heirs, successors, and assigns of the parties hereto This agreement may not be assigned by Client or Brown and Caldwell without prior, written consent of the other. VIL INTEGRATION These terms and Conditions and the agreement to which they are attached represent the entire understanding Of Client and Brown and Caldwel[ as to those matters contained heretn NO prior ora~ or written understanding shall be of any force or effect with respect to those matters covered herein The agree- ment may not be modified or altered excepl ,n writing s~gned by both parties VIII. JURISDICTION This agreement shall be administered and interpreted under the laws of the state in which the Brown and Caldwell office re- sponsible for the proiect is located Jurisdiction of litigation arising from the agreement shall be in that state. If any part of the agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insolar as it ~s m conflict with said ~aws, but the remainder of the agreement shall be in full force and effect IX. SUSPENSION OF WORK Client may suspend, m writing, all or a portion of the work under the agreement in the event unforeseen circumstances beyond Client's control make normal progress of the work ~m. possible. Brown and Caidwell may request that the work be suspended by notifying Client, in writing, of circumstances that are interfering with the normal progress of work. Brown and Calbwell may suspend work on the proiect in the event Client does not pay invoices when Qua, The time for comD{etion of the work shall be extended Py the number of days work is suspended. In the event that the period of suspension exceeds 90 days. the terms of the agreement are subiect to renegotiation and both parties are granted the option to terminate work on the sus- pended portion of the project, in accordance with Article VII. X. TERMINATION OF WORK Client may terminate all or a portion of the work covered Dy the agreement for its convemence. Either party may terminate work if the other party fails to perform in accorPance with the prow. slops of the agreement. ~'ermination of the agreement is accom- plished by 15 days prior written notice from the party initiating termination to the other. Notice of termination shah De de- livered by certified mail with receipt for delivery returned to the sender. in the event of termination, Brown and Caldwell shall perform Such additiona~ work as is necessary for the orderly filing of documents and ciosing of the project. The time spent on such additional work shah not exceed 10 percent of the time expend- ed on the terminated portion of the project prior to the effecpve date of termination. Brown and Caldwell shall be compensated for work actually performed prior to the effective date of termi- nation plus the work required for filing and closing as described m this Article. XI. ARBITRATION All claims, disputes, and other matters in question between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof, which are not disposed by mutual agreement of the parties, shall be decided Dy arbitration m accordance with the Construction Industry Arbitration Ru~es of the American Arbitration Association. NO arbitration arising out of or relating to this Agreement shall include, any person not a party to this Agreement except by written consent corn taining a specific reference to this Agreement and signed by the parties hereto and persons to be ioined. Th~s agreement to arbitrate shall be specifically enforceable under prevailing arbitration law, Notice of demand for arbitration shall be filed in writing with the other darties to this Agreement and with the American Arbitration Association. The demand shall be mace within a reasonable time after the claim, dispute, or other matter m question has arisen but in no event after the date when the m- stdution of legal or eouilable proceedings would be barred by the applicable statute of limitations The award rendered by the arbitrators sha~[ de final, and judgment may be entered m ac- cordance with app~icaole law in any court hawng jurisdiction GEN-019-10/01 BROWN AND CALDWELL SCHEDULE OF HOURLY BASE RATES EFFECTIVE SEPTEMBER 29, 1990 PERSONNEL CLASSIFICATION HOURLY BILLING RATE EXECUTIVE ENGINEER CHIEF ENGINEER MANAGING ENGINEER SUPERVISING ENGINEER PRINCIPAL ENGINEER SENIOR ENGINEER ENGINEER ASSOCIATE ENGINEER ASSISTANT ENGINEER ENGINEERING AIDE ENGINEERING 136.60 136.60 123.55 110.74 98.28 86.06 73.94 62.86 53.21 44.28 CHIEF DRAFTER SUPERVISING DRAFTER LEAD DRAFTER SENIOR DRAFTER DRAFTER ASSISTANT DRAFTER DRAFTER TRAINEE TECHNICAL 86.06 73.94 62.86 53.21 44.28 36.28 29.87 MANAGER, COMPUTER DRAFTING COMPUTER DRAFTING SUPERVISING OPERATOR COMPUTER DRAFTING LEAD OPERATOR COMPUTER DRAFTING SENIOR OPERATOR COMPUTER DRAFTING OPERATOR COMPUTER DRAFTING OPERATOR TRAINEE COMPUTER DRAFTING PLOTTER OPERATOR 98.28 73.94 62.86 53.21 44.28 36.28 29.87 SCIENTIFIC CHIEF GEOL/HYDROGEOLOGIST MANAGING GEOL/HYDROGEOLOGIST SUPERVISING GEOL/HYDROGEOLOGIST PRINCIPAL GEOL/HYDROGEOLOGIST SENIOR GEOL/HYDROGEOLOGIST GEOLOGIST/HYDROGEOLOGIST ASSOCIATE GEOL/HYDROGEOLOGIST ASSISTANT GEOL/HYDROGEOLOGIST EXECUTIVE SECRETARY II EXECUTIVE SECRETARY I SECRETARY II SECRETARY I ADMINISTRATIVE 136.60 123.55 110.74 98.28 86.06 73.94 62.86 53.21 62.86 53.21 44.28 36.28 SUPERVISOR, WORD PROCESSING WORD PROCESSOR IV WORD PROCESSOR III WORD PROCESSOR II WORD PROCESSOR I 53.21 53.21 44.28 36.28 29.87 CLERK III CLERK II CLERK I 36.28 29.87 24.79 ADMINISTRATIVE SUPERVISOR MANAGER, REO ACCOUNTING ACCOUNTANT III ACCOUNTANT II ACCOUNTANT I 62.86 62.86 62.86 53.21 44.28 XD Dennis Eckhardt, P.E. Experience Summary: Education: Registration: Dennis is a Senior Project Manager for Brown and Caldwell and a registered professional engineer in six states. Dennis specializes in water supply treatment and distribution. He is project manager of the long-term, high visibility Everett Water Treatment Plant expansion. The current predesign phase includes assessment/optimization of the existing plant, identifying present and future impacts of water quality regulations, pilot studies, design criteria, plant capacity staging, site layouts, and related issues. He recently served as project director for the Seattle Water Conservation Plan, part of the City's Comprehensive Regional Water Plan update. B.S. (cum laude), Chemical Engineering, University of Utah, 1968 Chemical Engineer EC 5673, Alaska Chemical Engineer 3201, California Chemical Engineer 3083, Idaho Chemical Engineer 8750, Oregon Chemical Engineer 7548, Utah Chemical Engineer 16865, Washington Professional Engineer 4850 E, Montana Project Experience: Water Supply Systems and Treatment Project manager for expansion of the City of Everett Water Treatment Plant. Work involves predesign, design, construction management and startup/training phases. The predesign phase includes assessment/ optimization of the existing plant, identifying present and future impacts of water quality regulations, pilot studies involving ozone and other alternative disinfection methods, and establishing design criteria, plant capacity staging, site layouts, and related issues. Project manager for modification of the H.D. Taylor Water Treatment Plant for the City of Corvallis, Oregon. Work involved evaluation of the impact of changing conditions in the Willamette River on treatment plant effectiveness. Evaluation of an upstream bleached-kraft pulp mill discharge was conducted concurrently. Project director for the Seattle Water Conservation Plan, part of the City's Comprehensive Regional Water Plan Update. Dennis Eckhardt, P.E. Page 3 Served as project engineer on the 7.5-mgd Columbia River Water Treatment Plant, which uses direct filtration and ozone removal of organics, for the City of Kennewick, Washington. Sludge Characterization/Disposal Projects Project manager for the King County Cedar Hills Sludge Characterization and Disposal. Comprehensive Water and Sewer System Plans and Surveys Project manager for Comprehensive Water and Sewer System Plans for the City of Sunnyside, Washington. Work involved computer modelling of the existing systems, identification of system constraints, and recommendation of 5-year Capital Improvement Programs commensurate with the City's financing capabilities. Comprehensive sewer system evaluation survey of 150 miles of sewer lines and several overflow points to the Willamette River for the City of South Salem, Oregon. Wastewater Management, Treatment, Master Planning, Design and Construction Projects Wastewater collection system master plan for the City of Grants Pass, Oregon. Study involved extensive inflow/infiltration analysis and computer modeling. Design and construction of a 15-mgd regional wastewater treatment plant and associated pumping stations in Fairfield, California, and a 3- mgd wastewater treatment plant with a 12-mgd pumping station in Rohnert Park, California. Other Project Experience Conducted evaluations of existing wastewater treatment plants, participated in value engineering studies, and completed industrial waste management studies and pretreatment programs. Memberships: American Institute of Chemical Engineers American Water Works Association Tau Beta Pi