Item 8JAGENDA ITEM # 8J
DECEMBER 14, 2009
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Contract for Third-Party Review and Quality
Assurance/Quality Control -Wastewater TMDL Final
Design RFP No. 10-01
SUBMITTED BY: Donna. Kaluzniak, Utility Direct
DATE: December 7, 2009
BACKGROUND: The City's final design for Wastewater TMDL improvements
is currently underway. The City allowed in the contract for athird-party review of
the design. The purpose of the third-party review is to allow an outside engineer
to review the design and determine if additional capital or future operating cost
savings are possible.
Also, when the contract was recently transferred from HDR Engineering to J.
Collins Engineering Associates, staff noted that an outside firm would need to
perform Quality Assurance/Quality Control (QA/QC) Reviews during the design
process.
The City Commission authorized staff to negotiate a contract with Applied
Technology & Management (ATM). Staff met with ATM to discuss the scope for
the third-party review portion of the work and a contract in the amount of $38,300
was negotiated. Note that the QA/QC portion of the work will be negotiated
separately at a later date.
BUDGET: Funding for the third-party review and QA/QC is available in the
sewer fund under account no.410-5508-535-6300.
RECOMMENDATION: Award a contract for Third-Party Review of the
Wastewater TMDL Final Design in the amount of $38,300 and authorize the City
Manager to sign the contract.
ATTACHMENTS: 1. Professional Services Agreement with Attachments
REVIEWED BY CITY
MANAGER:
AGENDA ITEM # 8J
DECEMBER 14, 2009
Initials: (Owner)
Initials: (ATM)
PROFESSIONAL SERVICES AGREEMENT
This Agreement, by and between the CITY OF ATLANTIC BEACH (hereinafter called "OWNER"), its
Successors and Assigns, and APPLIED TECHNOLOGY AND MANAGEMENT, INC. (hereinafter called
"ATM"), is effective as of December 15, 2009.
Since OWNER needs consulting services, and;
ATM represents that it possesses the knowledge, ability, professional skills, and qualifications to perform
this work in an expeditious and economical manner consistent with OWNER's interest, and;
ATM recognizes the trust and confidence placed in it and covenants with OWNER to furnish its skills and
judgment and to cooperate with OWNER in forwarding OWNER's interest;
Therefore, OWNER and ATM agree as follows:
ARTICLE I--TERM OF AGREEMENT
The term of this Agreement shall be from the date first written above through completion of the tasks
outlined in the attached Scope of Services (Attachment "A").
ARTICLE II--SCOPE OF WORK
ATM shall perform professional services associated with the Third-Party Review of the Wastewater
Treatment Plant Upgrade Design as defined in Attachment "A" entitled "Proposal for Professional
Engineering Services for Third-Party Review of the Wastewater Treatment Plant Upgrade Design, (RFP
10-01)". Any services requested by OWNER outside of the proposed scope shall be considered Additional
Services.
ARTICLE III--COMPENSATION
1. Professional fees for the Work as outlined in the Scope of Services shall not exceed $38,300
(Thirty Eight Thousand Three Hundred Dollars) without additional authorization from the
OWNER. A breakdown of these fees is outlined in Attachment A.
2. Any OWNER approved changes in Project Scope or Additional Services not contemplated by
the agreement shall be billed according to the fee schedule outlined in Attachment "B" and on
a Time and Reimbursable Expense basis.
ARTICLE IV--METHOD OF PAYMENT
Monthly, ATM will invoice OWNER for all services rendered and direct expenses (as indicated in
Attachment A and Attachment B) incurred under this Agreement. OWNER shall make full payment to
ATM within 30 calendar days after receipt of ATM's monthly invoice. Any unpaid balances for other than
disputed charges will draw interest at the rate of one and one-half percent per month commencing thirty
days after receipt of invoice. OWNER shall notify ATM in writing of any disputed amount within 10
calendar days after receipt of invoice; otherwise all invoice changes will be considered acceptable and
con ect. When a retainer is received, the amount will be applied on the final invoice for the Work.
If OWNER fails to make payment due ATM for services and expenses within thirty (30) days after receipt
of ATM's invoice, ATM may, after giving seven days' written notice to Owner, suspend services under
Applied Technology & Management, Inc.
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AGENDA ITEM # 8J
DECEMBER 14, 2009
Initials: (Owner)
Initials: (ATM)
this Agreement without waiving any claim or right against the OWNER until ATM has been paid in full all
amounts due for services, expenses and charges. Payments will be credited first to interest and then to
principal. In the event of a disputed or contested billing, only that portion so contested may be withheld
from payment, and the undisputed portion will be paid.
ATM's invoice will provide the following information:
1. Estimate of percent complete,
2. Total of reimbursable direct expenses, and
3. Listing of Additional Charges, if any.
ARTICLE V--CONFIDENTIAL INFORMATION
In the course of performance of services by ATM for OWNER, it is possible that certain confidential
information will be revealed to ATM by OWNER or that ATM will obtain knowledge of such confidential
information through other sources. Likewise, it is possible that OWNER will become acquainted with
certain techniques and procedures used by ATM which ATM considers confidential. ATM and OWNER
will maintain the confidentiality of, and will not release or allow access to, any information, documents, or
materials which are designated as confidential by ATM or OWNER.
ARTICLE VI-DELAYS
ATM shall perform its Services upon receipt of a written or oral Notice to Proceed from the OWNER. In
the event that performance of ATM's Services is delayed by causes beyond the reasonable control of ATM
and without the fault or negligence of ATM, the time and total compensation for the performance of the
Services shall be equitably adjusted by written amendment to reflect the extent of such delay. ATM shall
provide the OWNER with a written notice of delay, including therein a description of the delay, a summary
of additional cost associated with the delay, and the steps contemplated or actually taken by A'I'M to
mitigate the effects of such delay. OWNER shall have the right to contest or dispute these amounts within
15 days of receipt of the Notice of Delay.
ARTICLE VII--TERMINATION
OWNER reserves the right to terminate this Agreement at any time, for any reason, upon 30 days written
notice to ATM. The obligation to provide further services under this Agreement may be terminated by
either party upon thirty days' written notice in the event of substantial failure by the other party to perform
in accordance with the terms hereof through no fault of the terminating party. In the event OWNER shall
fail to make timely payment of any sum owing and due ATM, ATM shall have the right, notwithstanding
any other provision of this Agreement, to terminate this Agreement upon seven days' written notice to
OWNER.
In the event of termination, payment shall be made to ATM for those services performed by ATM up to the
date of receipt of termination. Direct labor billings under the rates established in Attachment "B" and
reimbursable expenses backup shall form the basis for work completed up to the date of termination by
either party.
Applied Technology & Management, lnc.
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AGENDA ITEM # 8J
DECEMBER 14, 2009
Initials: (Owner)
Initials: (ATM)
ARTICLE VIII--INSURANCE
ATM shall, at its sole cost and expense, at all times during this Agreement, maintain such insurance as will
protect it from claims under worker's compensation acts, disability benefit laws or other similar employee
benefit laws; from claims for damage because of bodily injury, occupational sickness or disease, or death
of its employees, and claims insured by usual personal liability coverage; from claims for damages because
of bodily injury, sickness or disease, or death or any person other than its employees including claims
insured by usual personal injury liability coverage; and from claims for injury to or destruction of tangible
property, including loss of use resulting therefrom--any or all of which may arise out of or result from any
action of ATM or its employees in its performance of this Agreement.
ARTICLE IX--INDEMNITY
To the fullest extent permitted by law, ATM shall indemnify and hold harmless OWNER, OWNER's
officers, directors, partners, employees and agents from and against any and all claims, costs, losses and
damages (including but not limited to all fees and charges of engineers, architects, attorneys and other
professionals and all court or arbitration or other dispute resolution costs) caused solely by the negligent
acts or omissions of ATM or ATM's officers, directors, partners, employees, agents and ATM's
consultants in the performance and furnishing of ATM's services under this Agreement. The
indemnification provision of the preceding sentence is subject to and limited by the provisions agreed to by
OWNER and ATM in Article XIII, "Risk Allocation".
To the fullest extent permitted by law, OWNER shall indemnify and hold harmless ATM, ATM's officers,
directors, partners, employees, and agents and ATM's consultants from and against any and all claims,
costs, losses and damages (including but not limited to all fees and charges of engineers, azchitects,
attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused solely
by the negligent acts or omissions of OWNER or OWNER's officers, directors, partners, employees,
agents and OWNER's consultants with respect to this Agreement or the Project.
In addition to the indemnity provided under the prior paragraph, and to the fullest extent permitted by law,
OWNER shall indemnify and hold harmless ATM, ATM's officers, directors, partners, employees, and
agents and ATM's consultants from and against any and all claims, costs, losses and damages (including
but not limited to all fees and chazges of engineers, architects, attorneys and other professionals and all
court or arbitration or other dispute resolution costs) caused by, arising out of or relating to the presence,
discharge, release, or escape of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive material at,
on, under or from the Project site.
ARTICLE X--NONDISCRIMINATION
1. ATM will not discriminate against any employee or applicant for employment because of
race, creed, color, sex, or national origin.
2. ATM agrees to comply with all local, state, and federal laws and ordinances regarding
discrimination in employment against any individual on the basis of race, color, religion, sex,
national origin, physical, or mental impairment, or age. In particular, ATM agrees to comply
with the provisions of Title 7 of the Civil Rights Act of 1964, as amended, and applicable
Executive Orders, including but not limited to Executive Order No. 11246.
Applied Technology & Management, Inc.
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AGENDA ITEM # 8J
DECEMBER 14, 2009
Initials: (Owner)
Initials: (ATM)
ARTICLE XI--CONTINGENCY FEES
ATM warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for ATM to solicit or secure this Agreement, and that it has not paid or agreed to
pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely
for ATM for any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting
from the awazd or making of the Agreement.
ARTICLE XII--WARRANTY AND LIABILITY
1. ATM warrants that its services under this Agreement shall be performed in a thorough, efficient,
and workmanlike manner, promptly and with due diligence and care, and in accordance with the
best practices of the engineering profession and/or in accordance with any and all applicable
practices and ethics of the applicable profession. No other warranty or representation, either
expressed or implied, is included or intended by either party hereto.
2. If any part of ATM's work is found to be defective for reasons attributable to ATM within a
period of 18 months after completion of the work, ATM reserves the right to require for ATM to
re-perform at its own expense those aspects of the work found defective, provided OWNER
notifies ATM in writing as soon as the defect is discovered and within the above-mentioned 18
month period. If OWNER elects to require for ATM to re-perform, such election will be as an
exclusive liquidated remedy in lieu of any and all other rights and enforcement opportunities
available to OWNER.
3. If any claim is made against ATM either under the terms of this Agreement or otherwise, for any
reason, ATM's entire liability shall be limited to the policy limitations on any and all available
ATM policies of insurance under which coverage is available and/or applicable.
ARTICLE XIII-RISK ALLOCATION
In recognition of the relative risks, rewazds and benefits of the Assignment to both the OWNER and the
CONSULTANT, the risks have allocated such that the OWNER agrees, to the fullest extent permitted by
law, to limit the liability of the CONSULTANT and his or her subconsultants to the OWNER for any and
all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes,
including attorney's fees and costs and expert witness fees and costs, so that the total aggregate liability of
the CONSULTANT and his or her subconsultants to all those named shall not exceed $50,000 or the
CONSULTANT'S total fee for services rendered on this project, whichever is greater. It is intended that
this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise
prohibited by law.
ARTICLE XIV-APPLICABLE LAWS
Unless otherwise stated, this Agreement shall be governed by the laws of the State of Florida.
Applied Technology & Management, Inc.
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AGENDA ITEM # 8J
DECEMBER 14, 2009
Initials: (Owner)
Initials: (ATM)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on their behalf by
their respective representatives, each such representative having been first duly authorized so to act, as of
the date and year first herein above written.
OWNER: City of Atlantic Beach, Florida
By:
Date:
(Sign Name)
Jim Hanson
(Type Name and Title)
APPLIED TECHNOLOGY & MANAGEMENT, INC.
By:
Print Name: Steve Swann, P.E.
Title: Vice President
Date
Applied Technology & Management, Inc.
Page 5
AGENDA ITEM # 8J
DECEMBER 14, 2009
I
411 PABLO AVENUE
JACKSONVILLE BEACH, FL 32250-5440
(904) 249-8009 FAX 249.8007
www.eppliedtm.COm
Attachment "A"
December 7, 2009
Ms. Donna Kaluzniak
Utility Director
City of Atlantic Beach
1200 Sandpiper Lane
Atlantic Beach, FL 32233
Re: Proposal for Professional Engineering Services for Third-Party Review of
Wastewater Plant Upgrade Design, (RFP 10-01)
Dear Ms. Kaluzniak:
In accordance with the proposal submitted on October 29, 2009 and the scoping meeting on
December 2, 2009, we hereby submit the detailed scope of work and fee proposal for the
referenced project. Please note that the scheduling anticipates some degree of delay due to the
Holidays and it may be possible to compress the schedule slightly depending upon availability of
the stakeholders.
Phase 1 ~ Preparation and Information Gathering Phase
This project will begin with the gathering of information to gain understanding and insight to the
design project under review. The 30% design drawings and specifications will be provided to
each of the three key members of the review team. Other informafion to be collected and
disseminated to the review team includes the Preliminary Engineering Report (PER) for WWTP
#1, the TMDL Compliance Study, Output from the (HDR) Hydraulic Model, the biological process
model (BioWin), other applicable Technical Memoranda, FDEP permits, record drawings of
WWTP #1, O&M and financial information, and pertinent correspondence. The work product of
this phase will be the Workshop Agenda.
While it was originally envisioned that the informational review, digestion and consideration would
occur within a two week period, the increase in information to review coupled with the Holiday
season will require a bit over three weeks to complete assuming a December 15"' authorization to
procc~eed.
Phase 2A -~ Creative Phase
The goal of this phase is to brainstorm and identify ideas with the primary focus on project
functions that can be delivered at a reduced cost on either a capital or operational basis. This
phase will identify the constraints within which the conceptual design improvements must be
developed (technical, economic, geographic, permitting, operational etc.). This phase will be
conducted in a workshop format with stakeholders from the COAB and members of the third
party review team. Anticipating a December 15"' project authorization, this first workshop can
be tentatively scheduled for the week of January 11, 2010.
Coastal, Environmental, Marine, and Water Resources Engineering
AGENDA ITEM 1! 8J
DECEMBER 14, 2009
Ms. Donna Kaluzniak
December 7, 2009
Page 2
Phase 2B -Specific Review Criteria
Based on the draft scoping that you provided to us on December 1gt and our meeting on
December 2"d, we have included the following specific items that will be reviewed:
A. Hydraulic Model Review and Resolution
B. WWTP #1 Rerating Analysis
C. Unit Process Limitation Evaluation
D. Polishing Filter Hydraulic Evaluation
E. Influent Screening Evaluation
Phase 3 -Judgment Phase
The Judgment Phase will be conducted within the same full day (8-hour) workshop as the
Creative Phase, discussing, developing, and ranking the ideas developed earlier. The goal will
be to reach a consensus among the workshop participants with regard to the most favorable
concepts on a technical, economical (capital and perceived operational), value enhancement,
and potential for acceptance basis. The work product developed in this phase will be the
ranking of the Creative Phase concepts.
Phase 4 -- Development Phase
The highest ranked concepts developed in the Judgment Phase would be expanded to include
a detailed description of the recommended design modifications with a summary of advantages
and disadvantages. The work product would be the summary descriptions supported by
calculations, sketches, drawings, research, and projections of the life cycle (capital and O8M)
cost savings plus any new items derived from review of the Task 2B information. We project
that no more than 5 working days will be necessary to collect this information and develop to a
status that will facilitate the second 8-hour workshop.
Phase 5 -Presentation Phase
The second workshop (Presentation Phase) will involve the third party review team presenting
the information developed in the Development Phase to the COAB, the design engineers and
any other stakeholders invited by the COAB. The key points to be addressed within the
Workshop Briefing Document introduced during the Presentation Phase will be the team's
findings, recommendations, implementation considerations, and potential cost impact (life cyGe
basis).
Phase 6 -Post Workshop Phase
The services to be pertormed within the Post Workshop Phase include the following.
• Preliminary Third Party Review Report
This task will include the complete documentation of both third-party review workshops
and a summary of the resulting recommendations with full documentation. Five copies
and a digital master will be delivered to the COAB.
Final Third Party Review Report
The Preliminary Third Party Review Report will be reviewed by the COAB, the design
engineer, and any applicable stakeholders. A week after submittal, a response
memorandum will be received from the COAB. The Final Third Party Review Report will
Coastal, Environmental, Marine, and Water Resources Engfneering
AGENDA [TEM # 8J
DECEMBER 14, 2009
Ms. Donna Kaluzniak
December 7, 2009
Page 3
be developed to include any comments presented within the response memorandum.
Five copies and a digital master will be delivered to the COAB.
Project Management
The Project Manager will be proactive throughout the third-party review process to
ensure satisfactory performance, timely delivery of reports, professionally presented
workshops, and accurate invoices. Project summaries to date will be presented along
with an invoice to be submitted upon delivery of the Preliminary Third-Party Review
Report and the Final Third-Party Review Report.
chedule and Compensation
We anticipate that the Peer Review Services (Tasks 1 through 6) can be completed within 7
weeks of authorization provided scheduling around the Holidays can be accomplished efficiently
and necessary review data can be delivered to the team quickly. The tentative milestone and
workshop schedule will be developed within the first week after authorization. We anticipate
that the workshops will occur in weeks 5 and 7.
We propose to complete the scope of work delineated herein for a lump sum amount of $38,300
to be billed on a percent complete basis.
We suggest that a sum of $12,000 be set aside as a contingency to address items that may be
identified in the Creative Phase but not otherwise budgeted for detailed evaluation. The
contingency funds would not need to be expended if the originally envisioned scope of work is
adhered to, but could save time and effort otherwise, thereby maintaining the design schedule
and momentum.
We look forward to working with the City on this important project and are ready to begin work
immediately. If you have any questions or need additional information, please call me.
Sincerely,
APPLIED TECHNOLOGY & MANAGEMENT, INC.
Stephen C. Swann, P.E.
Vice President
SS/ph
Coastal, Environmental, Marine, and Water Resources Engineering
AGENDA ITEM # 8J
DECEMBER 14, 2009
Client: City Of Atlantic Beach
Project: WWfP Upgrade, 3rd Party Review
Date: Revised 12-07-09
nc pa ro ect es gn s ner
Engineer Mansger Engineer Technician Technician Clerical Total Labor
Task# Descri don $185 $138 $125 $55 $71 $40 Hours Costs
1 Phase 1 -Preparation and information gathering 2 16 26 2 46 $5,873
and review Phase.
2 Phase II -Creative Phase 12 12 3 27 $3.252
- Workshop No 1
Phase 2 A - Biowin Model and Process Review $0
-Hydraulic Model Review and Reso lution 20 $2,495
- WWiP # 1 Rerating Evaluation 16 $1,996
-Unit Process Limitation Evaluation 24 8 $4,266
-Polishing Filter Evaluation 10 $1,247
-Influent Screening Evaluation 12 $1 497
-Buccaneer Surge Analysis $0
-Site visit 4 4 $1,044
3 Phase Ili -Judgement Phase 8 8 8 24 $3,568
(Workshop 1)
4 Phase IV -Development Phase 8 12 8 16 6 50 $5,495
- Workshop No 2
5 Phase V-Presentation Phase 2 8 4 4 2 20 $2,324
Summary presentation to sfakehoklers
6 Phase Vt -Post workshop Phase 3 24 6 12 10 $5,057
Draft Report/Final Report
7 Phase VII • QAQC Review Phase $0
Review of 30% Plans and Specification;
Total Hours: 23 108 134 0 20 25 310
Total Labor Costs: $4,257 $14,707 $16,715 $0 $1,425 $1,011 $38,115
Non•LaborExpenses:
Total Costs: $38,292
Expense
Cat o Number
of Units
Unit Unit
Rate
Total
Mileage 200 miles $0.585 $117
Meals 0 days $20.00 $0
Lodging 0 days $120.00 $0
Telephone 0 hours $30.00 $0
Photocopy 400 pages $0.15 $60
Shipping 0 packages $15.00 $0
Computer 0 hours $15.00 $0
Survey 0 !site $0 $0
GeoTech 0 /site $0 $0
Elecrical 0 /site $0 $0
0 $0 $0
0 $0 $0
0 $0 $0
0 $0 $0
Total Non•Labor Expenses: ;1T7
AGENDA ITEM # 8J
DECEMBER 14, 2009
Initials: (Owner)
Initials: (ATM)
Attachment "B"
FEE SCHEDULE
1 . The fee shall be equal to the number of hours actually expended directly on the project by
individuals, multiplied by the hourly rate for the individual, plus reimbursable expenses. The
hourly rates to be used at Applied Technology and Management, Inc. (ATM) for this project are
shown below:
ATM Employee Classifications Raw Hourly Rates
Principal $67.31
Project Manager $49.52
Engineer $45.36
Drafter or CADD Operator $25.90
Designer/Technician $23.77
Clerical $14.70
Markup to Raw Hourly Rates Percentage
Overhead rate 150%
Profit rate 10%
Applied Technology & Management, [nc.
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