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HomeMy WebLinkAbout2005-021 Contract - Engineering Monitoring Solutions Engineered Monitoring Solutions 20345 SW Pacific Highway, Suite 104 Sherwood, OR 97140 503-925-1700 ph 503-925-1701 fax January 26, 2005 City of Ashland Public Works Department 20 East Main Street Ashland, Oregon 97520 Attn: Ms. Paula Brown, P.E. Re: Hosler Dam Failure Warning System Equipment Maintenance Inspection and SeNicing Dear Paula: We are pleased to submit this proposal to provide maintenance inspections and servicing of the Hosler Dam Failure Warning System. As you are aware, the system was designed and installed in 2003 by SquierlKleinfelder to improve the City of Ashland's ability to provide early warning to the downstream community of the need to evacuate due to a developing failure condition at the dam. The failure warning system consists of two subsystems (the detection system and the notification system) that are fully integrated together to form the failure warning system. The detection system is designed to monitor the dam for conditions that might indicate a developing unsafe condition at the dam. The detection system also provides limited operational information for the Water Treatment Plant (WTP) operators. The detection system components include: · A pressure transducer that is used to monitor the reservoir water level. · Two strong motion (seismic) accelerographs to record the ground motions experienced by the dam during an earthquake event. · A site gauge to provide a back-up point of reference for visual monitoring of the reservoir level during a flooding condition. · Visual I nspection routes along the right and left abutments downstream of the dam. The inspection routes are used to perform weekly visual observations for changes in seepage or slope stability in the abutments. · Deflection monitoring survey points that are located on the dam and abutments to identify long-term structural movement trends that might indicate a developing unsafe condition. The notification system is designed to notify City personnel of a detected developing condition at the dam, and to provide an outdoor audible broadcast of the need for the people inhabiting the flood inundation area to evacuate. The notification system includes the following components: · A SCADA screen located at the wrp to present the system alarm and alerts. · An autodialer located at the WTP used to dial-out to WTP operations and City emergency personnel in the event of an alarm condition at the dam. · A network of four outdoor sirens used to provide audible notification of the need to evacuate. · A siren controller located at the police dispatch center that is used to activate and test the siren network. It is our understanding that the City desires assistance related to maintenance and seNicing of the system components. To accomplish this we propose the following scope of work. SCOPE OF SERVICES Our proposed scope of work includes performing an annual maintenance inspection which would include an on-site visit to the project site to perform an inspection of the detection and notification system components. The scope of services would also include preparing a letter report to document the findings and recommended follow-up efforts. To accomplish this, a visit to the dam will be performed to inspect the system components including the reservoir level sensor, seismic recorders, ADAS equipment, solar power supplies, radio equipment, and the reservoir level site gauge. A visit to the water treatment plant (WTP) will also be performed to inspect the ADAS equipment and radio equipment. We will manually trigger an alarm condition to the ADAS to test the integration of the ADAS and SCADA programming. A visit to the Police dispatch center will be performed to conduct a silent test of the siren network and to meet with City personnel to review the observed performance of the siren network over the past year. The results of the maintenance inspection will be presented in a letter report documenting the observed condition of each of the items inspected and a cost estimate for any recommended servicing or repair efforts, if needed. COMPENSATION The annual maintenance inspection task and associated report would be provided for a lump sum cost of $2,790.00 per inspection visit. This cost is based on the assumptions described herein. We propose to perform the work per the Terms of Agreement for Monitoring System Services attached to this proposal. Page 2 Maint Inspection Proposal The annual maintenance inspection would not include the cost of servicing, repairing, or replacing components. The servicing, repairing, or replacing of system components would be provided on a time and materials basis in accordance with the fee schedule that is included in the attached Terms of Agreement. This fee schedule and the cost for the annual maintenance inspection would be valid for two years. CONCLUDING COMMENTS Acceptance of this proposal and attached documents is indicated by signing and dating in the space provided below and returning one copy of this letter to us. If more than 90 days pass before authorizing the proposed work, we reserve the opportunity to review and modify this proposal where necessary. We look forward to being of service to you on this project. Should you have any questions regarding this proposal, or if renegotiations of the Scope of Services, Terms of Agreement, or Limitation of Liability were considered advisable, we would be pleased to confer with you at your convenience. Very truly yours, Engineered Monitoring Solutions by ~;:?:"'" ~ Barry Myers, P.E. President by eg Dutson Senior Systems Integrator GCD/xxx Ene!. Terms of Agreement for Monitoring System Services (January 2005 - H) Proposal Acceptance and Authorization to Proceed 1i1 b' L ~ ~G- "1~ - I " r. Printed Name Authorized Signature Date Page 3 Maint Inspection Proposal TERMS OF AGREEMENT FOR MONITORING SYSTEM SERVICES ENGINEERED MONITORING SOLUTIONS (referred to herein as Consultant) January 2005 (H) FEES FOR SERVICES Fees for services are based on the time expended on the project by professional, technical, and clerical personnel at the following schedule of hourly charges: Position EditorlWord Processor Administrative StafflTechnician Project Engineer, Systems Integrator Senior Project Engineer, Systems Integrator Senior Engineer, Systems Integrator Principal Engineer, Systems Integrator Senior Principal 1) These rates shall remain in effect until completion of the agreed scope of services or one year from date of agreement, whichever occurs first. Hourlv Rate 1) 55.00 60.00 90.00 100.00 110.00 120.00 140.00 REIMBURSABLE EXPENSES Expenses incurred in connection with project tasks such as equipment purchases, rental equipment, out-of-town subsistence, vehicle costs, expedited delivery and similar, will be invoiced at direct cost plus 12 percent. Communication costs, including telephone, fax, cellular, and postage will be charged at 2 percent of labor costs. Special technical computer programs, CAD, and GIS usage will be charged at $15 per hour. SERVICES BY OTHERS On occasion specialized services by design consultants, contractors, or other technical companies may be needed. Such services will be utilized only with your approval, with the cost of such services included in our invoice plus 15 percent. INVOICES Consultant will submit invoices to you, the Client on a monthly basis and a final bill upon completion of services. Payment is due upon receipt of the invoice unless otherwise agreed, and is past due thirty (30) days from invoice date. A service charge will be added to any account balance in arrears at a monthly rate of 1'Y:z percent of the balance due. Client agrees that the invoice balance is correct unless we are notified in writing within ten days of date of invoice. INSURANCE The Consultant represents and warrants that it and its agents, staff and other consultants employed by it are protected by workers' compensation insurance and that the Consultant has such coverage under public liability and property damage insurance policies which it deems to be adequate. Certificates for all such policies of insurance will be provided to Client upon request in writing. Within the limits and conditions of such insurance, we agree to indemnify and save Client harmless from and against any loss, damage, or liability arising from grossly negligent acts by the Consultant, its agents, staff, and other sub-consultants employed by it. Consultant shall not be responsible for any loss, damage, or liability beyond the amounts, limits, and conditions of such insurance. The Consultant shall not be responsible for any loss, damage, or liability arising from any acts by Client, its agents, staff, and other consultants employed by it. STANDARD OF CARE Services performed by the Consultant under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by the profession currently practicing under similar conditions in this area at this time. No other warranty, expressed or implied, is made. Client recognizes that subsurface conditions may vary from those encountered at the location where borings, surveys, or explorations are made by the Consultant, and that the data, interpretations and recommendations of the Consultant are based solely on the information available to it. The Consultant will be responsible for those data, interpretations, and recommendations, but shall not be responsible for the interpretations by others of the information developed. LIMITATION OF LIABILITY Client agrees to limit the Consultant's liability to Client, and to any other person or entity, for any claim arising from, or alleged to arise from any acts, errors, or omissions in the performance of this Agreement, whether such claim sounds in negligence, breach of contract, strict liability or other legal theory, and including any legal fees or costs awarded under this Agreement, to an aggregate limit of the amount of fees paid to Consultant under this Agreement, or $50,000, whichever is greater. Waiver of this clause or a higher limitation may be negotiated for an additional fee. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS Hazardous materials, including biological pollutants (molds, fungi, spores, bacteria, and viruses, and the byproducts of any such organisms or life forms) may exist, or occur later, at a site where there is no reason to believe they could or should be present. Consultant and Client agree that the discovery of unanticipated hazardous materials, including biological pollutants, constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. Client agrees to compensate Consultant for the additional cost of working to protect employees' and public's health and safety. In addition, Client waives any resulting claim against Consultant, and agrees to defend, indemnify and save Consultant harmless from any claim or liability for injury or loss arising Client's initials Date Page 1 of 2 I · January 2005 (H) from Consultant's discovery of unanticipated hazardous materials or suspected hazardous materials. Client also agrees to fairly oompensate Consultant as outlined herein for any time spent and expenses incurred by Consultant in defense of any such claim. AQUIFER CONTAMINATION Client recognizes that it is impossible for Consultant to know the exact composition of a site's subsurface even after employing the most comprehensive exploratory program reasonably possible. As result, there is a risk that instrument installations or sampling may result in contamination of certain subsurface areas, as when a probe or boring device moves through a contaminated area, linking it to an aquifer or other hydrous body not previously contaminated and capable of spreading hazardous materials offsite. Because nothing can be done to prevent such an occurrence, and because such installation and sampling is a necessary aspect of the work which Consultant will perform for Client's benefit, Client waives any resulting claim against Consultant, and agrees to defend, indemnify and save Consultant harmless from any claim or liability for injury or loss which may arise as a result of cross-contamination caused by instrument installation or sampling. Client further agrees to fairly compensate Consultant as outlined herein for any time spent or expenses incurred by Consultant in defense of any such claim. RIGHT OF ENTRY The Client will provide for right of entry of the Consultant, their contractors, and all necessary equipment, in order to complete the work. While the Consultant will take all reasonable precautions to minimize damage to the property, the Client understands that in the normal course of work some damage may occur, the correction of which is not part of this Agreement. UTI LlTI ES In the prosecution of the work, the Consultant will take reasonable precautions to avoid damage or injury to subterranean structures or utilities. The Client agrees to hold the Consultant harmless for any damages to subterranean structures or utilities which are not called to the Consultane s attention and correctly shown on the plans furnished. OWNERSHIP OF DOCUMENTS All reports, field data, field notes, calculations, estimates, and other documents prepared by the Consultant, as instruments of service, shall remain confidential and the property of the Consultant. Client agrees that all reports and other work furnished to the Client, which is not paid for, will be returned upon demand and will not be used by the Client for any purpose whatever. The Consultant will retain all pertinent records relating to the services performed for an appropriate period following submission of the report or completion of work, during which period the records will be made available to the Client at all reasonable times. DISPUTES In the event that a dispute arises in any way connected with this Agreement, and if the dispute cannot be settled through direct discussions, the parties agree to first attempt to settle the dispute by mediation, before recourse to arbitration or a judicial forum. If the dispute eventually results in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred, including staff time, court costs, attorney's fees, and other claim-related expenses, including at trial and on appeal. TERMINATION This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, the Consultant shall be paid for services performed to the termination notice date plus reasonable termination expenses. In the event of termination or suspension for more than three (3) months prior to completion of all reports contemplated by this Agreement, the Consultant may complete such analyses and records as are necessary to complete its files and may also complete a report on the services performed to the date of notice of termination or suspension. The expenses of termination or suspension shall include all direct costs of the Consultant in completing such analyses, records and reports. ASSIGNS Neither the Client nor the Consultant may delegate, assign, sublet or transfer its duties or interest in this Agreement without the written consent of the other party. SEVERABILITY Client and Consultant have entered into this Agreement of their own free will to communicate to one another mutual understandings and responsibilities. Any element of this Agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shall continue in force. However, Client and Consultant will in good faith attempt to replace any invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. Client's initials Date Page 2 of 2 ~~, CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541 ) 488-5300 CITY RECORDER'S COpy Page 1 / 1 2/14/2005 05769 VENDOR: 009478 ENGINEERED MONITORING SOLUTION 20345 SW PACIFIC HWY STE 104 SHERWOOD, OR 97140 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speciallnst: Req. No.: Dept.: PUBLIC WORKS Contact: Pieter Smeenk Confirming? No Annual maintenance inspection of the HoslerDam Warning Alarm System. Required by FERC to ensure functionality. Pieter Smeenk will be coordinating future inspections. 2,790.00 Exempt Start Date: February 14, 2005 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL 2 790.00 0.00 0.00 2,790.00 E 670.08.15.00.604130 2 790.00 'r( v."-. _.-.~"....._~_...-_.~--" VENDOR COpy CITY OF ASHLAND REQUISITION No. PW - FY 2005 Department Public Works Vendor ENGINEERING MONITORING SOLUTIONS 20345 SW PACIFIC HWY, STE 104 SHERWOOD OR 97140 Account No. 670.08.15.00.604130 Date February 7, 2005 Requested Delivery Date ASAP Deliver To PIETER SMEENK Via DAWN LAMB (* Note Please allow approximately tw0(2) weeks for delivery on items not generally caried in stored. and approximately two (2) months on printing jobs.) Item No Quantity Unit Description Use of Purchasing Office Only Unit Price Total Price PONo Annual maintenance inspection of the Hosler Dam Warning Alarm System. Required by FERC to ensure functionality. Pieter Smeenk will be coordinatig future inspections. $ 2,790.00 TOTAL $ 2,790.00 for Kari: BID IRFP / EXEMPT: Exempt Contract Start Date: Febraury 14,2005 Contract Completion Date: Annual Insurance on file: ~ YES t NO Project No: N/A of this department and are budgetc-d Job No. Unit No. Issued By Date Received By rA' G:Pub-wrks\eng\Dept-admin\engineer/budgeUEngineered Monitoring Solutions Hosler Requisition 2 OS.xls