HomeMy WebLinkAboutR-2017-015 Yakima Regional Wastewater Treatment Facility; On-Call Services Agreement with Gray & Osborne, IncRESOLUTION NO. R-2017-015
A RESOLUTION authorizing the City Manager to execute a Professional Services
Agreement with Gray & Osborne, Inc. in an amount not to exceed $250,000
to provide on-call planning and engineering services for the Yakima
Regional Wastewater Treatment Facility
WHEREAS, the City of Yakima operates and maintains the Yakima Regional Wastewater
Treatment Facility in accordance with applicable Federal, State and Local regulations; and
WHEREAS, the City of Yakima Wastewater Division requires planning and engineering
services on an "as -needed" basis for the Yakima Regional Wastewater Treatment Facility; and
WHEREAS, the City of Yakima Wastewater Division representatives have complied with
the provisions of RCW 39.80 which concerns the procurement of engineering and architectural
services by a city; and
WHEREAS, on September 1, 2016, the City held interviews with two Engineering firms
listed on the Municipal Research and Services Center (MRSC) of Washington roster as having
the experience and expertise necessary to perform these services, and
WHEREAS, as a result of these interviews, the City selected Gray & Osborne, Inc. as the
most qualified Engineering Firm to perform the required work; and
WHEREAS, the City Council has determined that it is in the best interest of the City of
Yakima to enter into a professional services agreement with Gray & Osborne, Inc , to perform the
required on-call planning and engineering services, now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute a Professional Services
Agreement between the City of Yakima and Gray and Osborne, Inc., in an amount not to exceed
$250,000.00, to provide on-call planning and engineering services for the Yakima Regional
Wastewater Treatment Facility; a copy of the Agreement with Exhibit A, B, and C are attached
hereto and by this reference made a part hereof
ADOPTED BY THE CITY COUNCIL this 7th day of February, 2017.
ATTEST:
Kli
1 �' . ��
hl
lj
1
.ALS ;
,,,
, ...... 4,4
}
Sonya Claa ee, City Clerk
Carmen Mendez, Mayor JPro Tem
For City of Yakima Use Only:
Contract No
Project No
Resolution No.
SOQ No.
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
GRAY & OSBORNE, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on th•is D day of Fe ,016` ' by and
between the City of Yakima, Washington, a municipal corporation with its principal off -be at 129 North
Second Street, Yakima, WA 98901, hereinafter referred to as "CITY", and GRAY & OSBORNE, INC. with
its principal office at 701 Dexter Avenue N., Suite 200, Seattle, WA 98109, hereinafter referred to as
"ENGINEER", said corporation and its principal engineers are licensed and registered to do business in
the State of Washington, and will provide consulting services under this Agreement for ON-CALL
ENGINEERING SERVICES on behalf of the City of Yakima, Project No. 11624-Q, herein referred to as
the "PROJECT "
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and
construction of the PROJECT, as described in this Agreement and subsequent Amendments thereto, and
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with
knowledge and experience necessary to satisfactorily accomplish the work within the required time and
that it has no conflicts of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and ENGINEER agree as follows
SECTION 1 INCORPORATION OF RECITALS
1 1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.0 1 ENGINEER agrees to perform those services described hereafter Unless modified in
writing by both parties, duties of ENGINEER shall not be construed to exceed those
services specifically set forth herein
2 0 2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign,
Nancy J. Wetch, P.E. as Principal -in -Charge throughout the term of this Agreement
unless other personnel are approved by the CITY
2.1 Basic Services. ENGINEER agrees to perform those tasks described in Exhibit A, entitled
"SCOPE OF WORK" (WORK) which is attached hereto and made a part of this Agreement as if
fully set forth herein
2.2 Additional Services. CITY and ENGINEER agree that not all WORK to be performed by
ENGINEER can be defined in detail at the time this Agreement is executed, and that additional
WORK related to the Project and not covered in Exhibit A may be needed during performance of
this Agreement. CITY may, at any time, by written order, direct the ENGINEER to revise portions
of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the
PROJECT, or request that the ENGINEER perform additional WORK beyond the scope of the
PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services."
Page 1
2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or
time required for, performance of any services under this Agreement, a contract price
and/or completion time adjustment pursuant to this Agreement shall be made and this
Agreement shall be modified in writing accordingly
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the ENGINEER according to the provisions set forth in Exhibit B, attached
hereto and incorporated herein by this reference, and if so authorized, shall be
considered part of the PROJECT WORK. The ENGINEER shall not perform any
Additional Services until so authorized by CITY and agreed to by the ENGINEER in
writing
2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the
date of the ENGINEER's receipt of the written notification of change
SECTION 3 CITY'S RESPONSIBILITIES
3 1 CITY -FURNISHED DATA. The CITY will provide to the ENGINEER all technical data in the
CITY'S possession relating to the ENGINEER'S services on the PROJECT including information
on any pre-existing conditions known to the CITY that constitute hazardous waste contamination
on the PROJECT site as determined by an authorized regulatory agency
3 2 ACCESS TO FACILITIES AND PROPERTY The CITY will make its facilities reasonably
accessible to ENGINEER as required for ENGINEER'S performance of its services and will
provide labor and safety equipment as reasonably required by ENGINEER for such access
3 3 TIMELY REVIEW. The CITY will examine the ENGINEER'S studies, reports, sketches, drawings,
specifications, proposals, and other documents, obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY
deems appropriate, and render in writing decisions required of CITY in a timely manner Such
examinations and decisions, however, shall not relieve the ENGINEER of any contractual
obligations nor of its duty to render professional services meeting the standards of care for its
profession.
3 4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this
Agreement. CITY'S Representative shall have complete authority to transmit instructions and
receive information ENGINEER shall be entitled to reasonably rely on such instructions made by
the CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall
be responsible for bringing to the attention of the CITY'S Representative any instructions which
the ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER'S
knowledge
3 5 Any documents, services, and reports provided by the CITY to the ENGINEER are available
solely as additional information to the ENGINEER and will not relieve the ENGINEER of its duties
and obligations under this Agreement or at law The ENGINEER shall be entitled to reasonably
rely upon the accuracy and the completeness of such documents, services and reports, but shall
be responsible for exercising customary professional care in using and reviewing such
documents, services, and reports and drawing conclusions there from
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4 1 In signing this Agreement, CITY grants ENGINEER specific authorization to proceed with WORK
described in Exhibit A. The time for completion is defined in Exhibit A, or as amended
SECTION 5 COMPENSATION
5 1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES For the services
described in Exhibit A, compensation shall be according to Exhibit C - Schedule of Specific
Hourly Rates, attached hereto and incorporated herein by this reference, on a time spent basis
for each specifically described task, plus reimbursement for direct non -salary expenses
Page 2
51 1 DIRECT NON -SALARY EXPENSES Direct Non -Salary Expenses are those costs
incurred on or directly for the PROJECT including, but not limited to, necessary
transportation costs, including current rates for ENGINEER'S vehicles; meals and
lodging, laboratory tests and analyses, printing, binding and reproduction charges, all
costs associated with other outside nonprofessional services and facilities, special CITY -
requested and PROJECT -related insurance and performance warranty costs, and other
similar costs Reimbursement for Direct Non -Salary Expenses will be on the basis of
actual charges plus a reasonable markup, not to exceed ten percent (10%) and on the
basis of current rates when furnished by ENGINEER. Estimated Direct Non -Salary
Expenses are shown in Exhibit B
51 1 1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the ENGINEER and each of the
Subconsultants in connection with PROJECT WORK; provided, as follows
• That a maximum of U S INTERNAL REVENUE SERVICE allowed cents
per mile will be paid for the operation, maintenance, and depreciation
costs of company or individually owned vehicles for that portion of time
they are used for PROJECT WORK. ENGINEER, whenever possible,
will use the least expensive form of ground transportation
• That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person This rate may be
adjusted on a yearly basis
• That accommodation shall be at a reasonably priced hotel/motel
• That air travel shall be by coach class, and shall be used only when
absolutely necessary
51.2 Telephone charges, computer charges, in-house reproduction charges, first class
postage, and FAX charges are not included in the direct expense costs, but are
considered included in the Schedule of Specific Hourly Billing Rates.
51.3 Professional Subconsultants Professional Subconsultants are those costs for
engineering, architecture, geotechnical services and similar professional services
approved by the CITY Reimbursement for Professional Subconsultants will be on the
basis of actual costs billed plus a reasonable markup, not to exceed ten percent (10%)
for services provided to the CITY through this Agreement. Estimated Subconsultant
costs are shown in Exhibit B
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this
PROJECT shall not exceed Two Hundred Fifty Thousand Dollars ($250,000) The ENGINEER
will make reasonable efforts to complete the WORK within the budget and will keep CITY
informed of progress toward that end so that the budget or WORK effort can be adjusted if found
necessary The ENGINEER is not obligated to incur costs beyond the indicated budget, as may
be adjusted, nor is the CITY obligated to pay the ENGINEER beyond these limits When any
budget has been increased, the ENGINEER'S excess costs expended prior to such increase will
be allowable to the same extent as if such costs had been incurred after the approved increase,
and provided that the City was informed in writing at the time such costs were incurred
5 3 The ENGINEER shall submit to the City's Representative an invoice each month for payment for
PROJECT services completed through the accounting cut-off day of the previous month Such
invoices shall be for PROJECT services and WORK performed and costs incurred prior to the
date of the invoice and not covered by previously submitted invoices. The ENGINEER shall
submit with each invoice a summary of time expended on the PROJECT for the current billing
period, copies of subconsultant invoices, and any other supporting materials determined by the
City necessary to substantiate the costs incurred CITY will use its best efforts to pay such
invoices within thirty (30) days of receipt and upon approval of the WORK done and amount
billed. CITY will notify the ENGINEER promptly if any problems are noted with the invoice CITY
may question any item in an invoice, noting to ENGINEER the questionable item(s) and
withholding payment for such item(s) The ENGINEER may resubmit such item(s) in a
subsequent invoice together with additional supporting information required
Page 3
5 4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on
the unpaid balance shall accrue beginning with the sixty-first (61) day at the rate of 1.0% per
month or the maximum interest rate permitted by law, whichever is less, provided, however, that
no interest shall accrue pursuant to Chapter 39 76 RCW when before the date of timely payment
a notice of dispute is issued in good faith by the CITY to the ENGINEER pursuant to the terms of
RCW 39 76 020(4)
5 5 Final payment of any balance due the ENGINEER for PROJECT services will be made within
forty-five (45) days after satisfactory completion of the services required by this Agreement as
evidenced by written acceptance by CITY and after such audit or verification as CITY may deem
necessary and execution and delivery by the ENGINEER of a release of all known payment
claims against CITY arising under or by virtue of this Agreement, other than such payment
claims, if any, as may be specifically exempted by the ENGINEER from the operation of the
release in stated amounts to be set forth therein
5 6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY
of any claims, right, or remedy it may have against the ENGINEER under this Agreement or by
law, nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure or
fault of the ENGINEER to satisfactorily perform the PROJECT WORK as required under this
Agreement.
SECTION 6 RESPONSIBILITY OF ENGINEER
61 The ENGINEER shall be responsible for the professional quality, technical adequacy and
accuracy, timely completion, and the coordination of all plans, design, drawings, specifications,
reports, and other services furnished by the ENGINEER under this Agreement. The ENGINEER
shall, without additional compensation, correct or review any errors, omissions, or other
deficiencies in its plans, designs, drawings, specifications, reports, and other services The
ENGINEER shall perform its WORK according to generally accepted civil engineering standards
of care and consistent with achieving the PROJECT WORK within budget, on time, and in
compliance with applicable laws, regulations, and permits.
6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications,
reports, and incidental WORK or services furnished hereunder shall not in any way relieve the
ENGINEER of responsibility for the technical adequacy, completeness, or accuracy of its WORK
and the PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not
be construed to operate as a waiver of any rights under this Agreement or at law or any cause of
action arising out of the performance of this Agreement.
6 3 In performing WORK and services hereunder, the ENGINEER and its subcontractors,
subconsultants, employees, agents, and representatives shall be acting as independent
contractors and shall not be deemed or construed to be employees or agents of CITY in any
manner whatsoever The ENGINEER shall not hold itself out as, nor claim to be, an officer or
employee of CITY by reason hereof and will not make any claim, demand, or application to or for
any right or privilege applicable to an officer or employee of CITY. The ENGINEER shall be
solely responsible for any claims for wages or compensation by ENGINEER employees, agents,
and representatives, including subconsultants and subcontractors, and shall save and hold CITY
harmless therefrom
6 4 INDEMNIFICATION
(a) ENGINEER agrees to defend, indemnify, and hold harmless the CITY, its elected
and appointed officials, agents, officers, employees, and volunteers (hereinafter
"parties protected") from (1) claims, demands, liens, lawsuits, administrative and
other proceedings,(including reasonable costs and attorneys' fees) and (2)
judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses
of any kind claimed by third parties arising out of, or related to any death, injury,
damage or destruction to any person or any property to the extent caused by any
negligent act, action, default, error or omission or willful misconduct arising out of the
Engineer's performance under this Agreement. In the event that any lien is placed
Page 4
upon the City's property or any of the City's officers, employees or agents as a result
of the negligence or willful misconduct of the Engineer, the Engineer shall at once
cause the same to be dissolved and discharged by giving bond or otherwise
(b) CITY agrees to indemnify and hold the ENGINEER harmless from loss, cost, or expense
of any kind claimed by third parties, including without limitation such loss, cost, or
expense resulting from injuries to persons or damages to property, caused solely by the
negligence or willful misconduct of the CITY, its employees, or agents in connection with
the PROJECT.
(c) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person
identified above for whom each is liable) is a cause of such third party claim, the loss,
cost, or expense shall be shared between the ENGINEER and the CITY in proportion to
their relative degrees of negligence or willful misconduct and the right of indemnity will
apply for such proportion
(d) Nothing contained in this Section or this Agreement shall be construed to create a liability
or a right of indemnification in any third party
6 5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this Agreement shall not be limited in any way by any limitation
on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER
or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or
other employee benefit acts The ENGINEER specifically and expressly waives its immunity
under the Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by
the ENGINEER and the CITY
6 6 It is understood that any resident engineering or inspection provided by ENGINEER is for the
purpose of determining compliance with the technical provisions of PROJECT specifications and
does not constitute any form of guarantee or insurance with respect to the performance of a
contractor ENGINEER does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for compliance by contractors with
laws and regulations. CITY shall use its best efforts to ensure that the construction contract
requires that the contractor(s) indemnify and name CITY, the CITY'S and the ENGINEER'S
officers, principals, employees, agents, representatives, and engineers as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability.
6 7 SUBSURFACE INVESTIGATIONS In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observation, exploration, and
investigations have been made Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could affect total PROJECT
cost and/or execution These conditions and cost/execution effects are not the responsibility of
the ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate
standard of professional care and judgment in such investigations
SECTION 7 PROJECT SCHEDULE AND BUDGET
7 1 The general PROJECT schedule and the budget for both the entire PROJECT and its component
tasks shall be as set forth in this Agreement and attachments. The project schedule and
performance dates for the individual tasks shall be mutually agreed to by the CITY and the
ENGINEER. The performance dates and budgets for tasks may be modified only upon written
agreement of the parties hereto The performance date for tasks and the completion date for the
entire PROJECT shall not be extended, nor the budget increased because of any unwarranted
delays attributable to the ENGINEER, but may be extended or increased by the CITY in the event
of a delay caused by special services requested by the CITY or because of unavoidable delay
caused by any governmental action or other conditions beyond the control of the ENGINEER
which could not be reasonably anticipated
Page 5
7 2 Not later than the tenth (10) day of each calendar month during the performance of the
PROJECT, the ENGINEER shall submit to the CITY'S Representative a copy of the current
schedule and a written narrative description of the WORK accomplished by the ENGINEER and
subconsultants on each task, indicating a good faith estimate of the percentage completion
thereof on the last day of the previous month Additional oral or written reports shall be prepared
at the request of the CITY for presentation to other governmental agencies and/or to the public
SECTION 8 REUSE OF DOCUMENTS
8 1 All internal WORK products of the ENGINEER are instruments or service of this PROJECT
There shall be no reuse, change, or alteration by the CITY or others acting through or on behalf
of the CITY without written permission of the ENGINEER, which shall not be unreasonably
withheld and will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its
officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses,
and costs including, but not limited to, litigation expenses and attorney's fees arising out of or
related to such unauthorized reuse, change, or alteration, provided, however, that the ENGINEER
will not be indemnified for such claims, damages, losses, and costs including, without limitation,
litigation expenses and attorney fees were caused by the ENGINEER's own negligent acts or
omissions
8 2 The ENGINEER agrees that ownership of any plans, drawings, designs, specifications, computer
programs, technical reports, operating manuals, calculations, notes, and other WORK submitted
or which are specified to be delivered under this Agreement or which are developed or produced
and paid for under this Agreement, whether or not complete, shall be vested in the CITY.
8 3 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter
"Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual
Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER
does not grant CITY any right or license to such Intellectual Property
SECTION 9 AUDIT AND ACCESS TO RECORDS
91 The ENGINEER, including its subconsultants, shall maintain books, records, documents and
other evidence directly pertinent to performance of the WORK under this Agreement in
accordance with generally accepted accounting principles and practices consistently applied.
The CITY, or the CITY'S duly authorized representative, shall have access to such books,
records, documents, and other evidence for inspection, audit, and copying for a period of three
years after completion of the PROJECT The CITY shall also have access to such books,
records, and documents during the performance of the PROJECT WORK, if deemed necessary
by the CITY, to verify the ENGINEER'S WORK and invoices
9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
9 3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the ENGINEER is afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any supporting documentation
on the pertinent portions of the draft audit report and that the final audit report will include written
comments, if any, of the ENGINEER
9 4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the Project.
9 5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY
Section 10. Inspection and Production of Records
10 1 The records relating to the WORK shall, at all times, be subject to inspection by and with the
approval of the CITY, but the making of (or failure or delay in making) such inspection or approval
Page 6
shall not relieve ENGINEER of responsibility for performance of the WORK in accordance with
this Agreement, notwithstanding the CITY'S knowledge of defective or non -complying
performance, its substantiality or the ease of its discovery ENGINEER shall provide the CITY
sufficient, safe, and proper facilities and equipment for such inspection and free access to such
facilities ENGINEER'S records relating to the WORK will be provided to the CITY upon the
CITY'S request.
10.2 ENGINEER shall promptly furnish the CITY with such information and records which are related
to the WORK of this Agreement as may be requested by the CITY Until the expiration of six (6)
years after final payment of the compensation payable under this Agreement, or for a longer
period if required by law or by the Washington State Secretary of State's record retention
schedule, ENGINEER shall retain and provide the CITY access to (and the CITY shall have the
right to examine, audit and copy) all of ENGINEER'S books, documents, papers and records
which are related to the WORK performed by ENGINEER under this Agreement.
10 3 All records relating to ENGINEER'S WORK under this Agreement must be made available to the
CITY, and also produced to third parties, if required pursuant to the Washington Public Records
Act, Chapter 42.56 RCW or by law All records relating to ENGINEER'S WORK under this
Agreement must be retained by ENGINEER for the minimum period of time required pursuant to
the Washington State Secretary of State's record retention schedule
SECTION 11 INSURANCE
11 1 At all times during performance of WORK, ENGINEER shall secure and maintain in effect
insurance to protect the CITY and the ENGINEER from and against all claims, damages, losses,
and expenses arising out of or resulting from the performance of this Agreement. ENGINEER
shall provide and maintain in force insurance in limits no less than that stated below, as
applicable The CITY reserves the rights to require higher limits should it deem it necessary in
the best interest of the public If ENGINEER carries higher coverage limits than the limits stated
below, such higher limits shall be shown on the Certificate of Insurance and Endorsements and
ENGINEER shall be named as an additional insured for such higher limits.
Commercial General Liability Insurance. Before this Agreement is fully executed by
the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof
of commercial liability insurance and commercial umbrella liability insurance with a total
liability limit of the limits required in the policy, subject to minimum limits of Two Million
Dollars ($2,000,000 00) per occurrence combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000 00) general aggregate The certificate
shall clearly state who the provider is, the coverage amount, the policy number, and
when the policy and provisions provided are in effect. Said policy shall be in effect for
the duration of this Agreement. The policy shall name the City, its elected and
appointed officials, officers, agents, employees, and volunteers as additional insureds.
The insured shall not cancel or change the insurance without first giving the CITY thirty
(30) calendar days prior written notice The insurance shall be with an insurance
company or companies rated A -VII or higher in Best's Guide and admitted in the State
of Washington
Subcontractors. If subcontractors will be used, the same terms and limits of
coverage will apply and a certificate will be required per the instructions above
In lieu of a certificate, contractor may provide confirmation in writing from their
insurance broker that their insurance policy does not contain a subcontract
exclusion or one relating to the work of others.
11 1 2 Commercial Automobile Liability Insurance.
a. If ENGINEER owns any vehicles, before this Agreement is fully executed by the
parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of
commercial automobile liability insurance and commercial umbrella liability insurance
with a total liability limit of the limits required in the policy, subject to minimum limits of
Page 7
Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury
and property damage Automobile liability will apply to "Any Auto" and be shown on
the certificate
b If ENGINEER does not own any vehicles, only "Non -owned and Hired
Automobile Liability" will be required and may be added to the commercial liability
coverage at the same limits as required in that section of this Agreement, which is
Section 11.1 1 entitled "Commercial General Liability Insurance"
c. Under either situation described above in Section 11 1 2 a. and Section 11 1 2.b ,
the required certificate of insurance shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided are
in effect. Said policy shall be in effect for the duration of this Agreement. The policy
shall name the CITY, its elected and appointed officials, officers, agents, employees,
and volunteers as additional insureds The insured shall not cancel or change the
insurance without first giving the CITY thirty (30) calendar days prior written
notice. The insurance shall be with an insurance company or companies rated A -VII or
higher in Best's Guide and admitted in the State of Washington
11 1 3 Statutory workers' compensation and employer's liability insurance as required by state
law
11 1 4 Professional Liability Coverage. Before this Agreement is fully executed by the
parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of
professional liability coverage with a total liability limit of the limits required in the policy,
subject to minimum limits of Two Million Dollars ($2,000,000.00) per claim, and Two
Million Dollars ($2,000,000 00) aggregate The certificate shall clearly state who the
provider is, the coverage amount, the policy number, and when the policy and
provisions provided are in effect. Said policy shall be in effect for the duration of this
Agreement. The insured shall not cancel or change the insurance without first giving
the CITY thirty (30) calendar days prior written notice The insurance shall be with an
insurance company or companies rated A -VII or higher in Best's Guide If the policy is
written on a claims made basis the coverage will continue in force for an additional two
years after the completion of this Agreement.
Failure of either or all of the additional insureds to report a claim under such insurance
shall not prejudice the rights of the CITY, its officers, employees, agents, and
representatives there under The CITY and the CITY'S elected and appointed officials,
officers, principals, employees, representatives, volunteers and agents shall have no
obligation for payment of premiums because of being named as additional insureds
under such insurance None of the policies issued pursuant to the requirements
contained herein shall be canceled, allowed to expire, or changed in any manner that
affects the rights of the CITY until thirty (30) days after written notice to the CITY of
such intended cancellation, expiration or change
SECTION 12 SUBCONTRACTS
12.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract
any portion of the WORK to be performed under this Agreement.
12.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any
substitutions thereof, will be subject to prior approval by CITY, which approval shall not be
unreasonably withheld Each subcontract shall be subject to review by the CITY'S
Representative, if requested, prior to the subconsultant or subcontractor proceeding with the
WORK. Such review shall not constitute an approval as to the legal form or content of such
subcontract. The ENGINEER shall be responsible for the architectural and engineering
performance, acts, and omissions of all persons and firms performing subcontract WORK.
12.3 CITY does not anticipate ENGINEER subcontracting with any additional persons or firms for the
purpose of completing this Agreement.
Page 8
12.4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK
completed by subconsultants and subcontractors during the preceding month and copies of all
invoices thereto
SECTION 13 ASSIGNMENT
13 1 This Agreement is binding on the heirs, successors and assigns of the parties hereto This
Agreement may not be assigned by CITY or ENGINEER without prior written consent of the
other, which consent will not be unreasonably withheld It is expressly intended and agreed that
no third party beneficiaries are created by this Agreement, and that the rights and remedies
provided herein shall inure only to the benefit of the parties to this Agreement.
SECTION 14 INTEGRATION
14 1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters
contained herein No prior oral or written understanding shall be of any force or effect with
respect to those matters covered herein This Agreement may not be modified or altered except
in writing signed by both parties
SECTION 15 JURISDICTION AND VENUE
15 1 This Agreement shall be administered and interpreted under the laws of the State of Washington
Jurisdiction of litigation arising from this Agreement shall be in Washington State If any part of
this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and
void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force
and effect. Venue for all disputes arising under this Agreement shall be Yakima County, State of
Washington
SECTION 16 EQUAL EMPLOYMENT and NONDISCRIMINATION
16 1 During the performance of this Agreement, ENGINEER and ENGINEER's subconsultants and
subcontractors shall not discriminate in violation of any applicable federal, state and/or local law
or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, or any
other classification protected under federal, state, or local law This provision shall include but
not be limited to the following employment, upgrading, demotion, transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation, selection for
training, and the provision of services under this Agreement. ENGINEER agrees to comply with
the applicable provisions of State and Federal Equal Employment Opportunity and
Nondiscrimination statutes and regulations.
SECTION 17 SUSPENSION OF WORK
17 1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement
if unforeseen circumstances beyond CITY'S control are interfering with normal progress of the
WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under
this Agreement if unforeseen circumstances beyond ENGINEER's control are interfering with
normal progress of the WORK. ENGINEER may suspend WORK on PROJECT in the event
CITY does not pay invoices when due, except where otherwise provided by this Agreement. The
time for completion of the WORK shall be extended by the number of days WORK is suspended.
If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to
renegotiation, and both parties are granted the option to terminate WORK on the suspended
portion of Project in accordance with SECTION 18
SECTION 18 TERMINATION OF WORK
18 1 Either party may terminate this Agreement, in whole or in part, if the other party materially
breaches its obligations under this Agreement and is in default through no fault of the terminating
party However, no such termination may be effected unless the other party is given* (1) not less
than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested,
of intent to terminate, and (2) an opportunity for consultation and for cure with the terminating
Page 9
party before termination Notice shall be considered issued within seventy-two (72) hours of
mailing by certified mail to the place of business of either party as set forth in this Agreement.
18.2 In addition to termination under subsection 18 1 of this Section, CITY may terminate this
Agreement for its convenience, in whole or in part, provided the ENGINEER is given (1) not less
than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested,
of intent to terminate, and (2) an opportunity for consultation with CITY before termination
18 3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price
pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated
profit on unperformed services or other WORK, and (2) any payment due to the ENGINEER at
the time of termination may be adjusted to the extent of any additional costs or damages CITY
has incurred, or is likely to incur, because of the ENGINEER'S breach In such event, CITY shall
consider the amount of WORK originally required which was satisfactorily completed to date of
termination, whether that WORK is in a form or of a type which is usable and suitable to CITY at
the date of termination and the cost to CITY of completing the WORK itself or of employing
another firm to complete it. Under no circumstances shall payments made under this provision
exceed the contract price In the event of default, the ENGINEER agrees to pay CITY for any
and all damages, costs, and expenses whether directly, indirectly, or consequentially caused by
said default. This provision shall not preclude CITY from filing claims and/or commencing
litigation to secure compensation for damages incurred beyond that covered by contract
retainage or other withheld payments
18 4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience,
the adjustment pursuant to the Agreement shall include payment for services satisfactorily
performed to the date of termination, in addition to termination settlement costs the ENGINEER
reasonably incurs relating to commitments which had become firm before the termination, unless
CITY determines to assume said commitments.
18 5 Upon receipt of a termination notice under subsections 18 1 or 18.2 above, the ENGINEER shall
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to CITY all originals of data, drawings, specifications, calculations,
reports, estimates, summaries, and such other information, documents, and materials as the
ENGINEER or its subconsultants may have accumulated or prepared in performing this
Agreement, whether completed or in progress, with the ENGINEER retaining copies of the same
18.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the
WORK to completion utilizing other qualified firms or individuals, provided, the ENGINEER shall
have no responsibility to prosecute further WORK thereon
18 7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined
that the ENGINEER has not so failed, the termination shall be deemed to have been effected for
the convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be
determined as set forth in subparagraph 18 4 of this Section.
18 8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the
ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its
obligations to complete performance under this Agreement without the concurrence and written
approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment
shall be made as set forth in subparagraph 18 3 of this Section
SECTION 19 DISPUTE RESOLUTION
19 1 In the event that any dispute shall arise as to the interpretation of this Agreement, or in the event
of a notice of default as to whether such default does constitute a breach of the Agreement, and if
the parties hereto cannot mutually settle such differences, then the parties shall first pursue
mediation as a means to resolve the dispute If either of the afore mentioned methods are not
successful then any dispute relating to this Agreement shall be decided in the courts of Yakima
County, in accordance with the laws of Washington If both parties consent in writing, other
available means of dispute resolution may be implemented
Page 10
SECTION 20 NOTICE
20.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at
the address set forth below Notice shall be considered issued and effective upon receipt thereof
by the addressee -party, or seventy-two (72) hours after mailing by certified mail to the place of
business set forth below, whichever is earlier
CITY
ENGINEER:
City of Yakima Wastewater Division
2220 E. Viola Avenue
Yakima, WA 98901
Attn Dana Kallevig, Utility Project Manager
Attn
SECTION 21 SURVIVAL
21 1 The foregoing sections of this Agreement shall survive the expiration or termination of this
Agreement in accordance with their terms.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
respective authorized officers or representatives as of the day and year first above written
CITY OF YAKIMA
VYH -/geotf.09.«L--
Cli ' oor.' Signature
Printed Name .C..1.4 (T MOOR -6 Printed Name M(6 13.--12:1117'1•540.)
Title City Manager
Title
FICainAtir
CITY CONTRACT NjOE 7 ''
2O/ /9'
RESOLUTION NO:/� 7a/ 7- 0/,5---
Page 11
STATE OF WASHINGTON
) ss
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that a iF /14vn,-, is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument, and acknowledged it as the CITY MANAGER of the CITY OF
YAKIMA, to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated ?- 8 ` / 7
Seal or Stamp
Notary Public
State of Washington
KAARRE ALLYN
MY COMMISSION EXPIRES
January 12, 2020
(Signature)
Title
Printed Name
/(4/A7
Qlrl� /4L/y
My commission expires. / — /
Page 12
STATE OF WASHINGTON
• ) ss
COUNTY OF Aro WI 5)
I certify that I know or have satisfactory evidence that rnlchat' Q 3,\nis the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated
that h�/ he was author ed to ggxi� t he i strument, and acknowledged it as the
1 t4 of d C GN. . ,, to be the free and voluntary act of such party
for the uses and purposes mentio in the instrument.
Dated
Seal or Stamp
%+.+I
pctYSD'ek++,,,��
'1414"exlitsk
s.
OV
_'
So
..•
•tp)4 r Nus ,.sa
c np v►I
_rn9,00.
(Signature)
Title
minlista ski�
Printed Name
My commission expires*
3 I q !'O' -i
Page 13
EXHIBIT A
SCOPE OF WORK
Perform Engineering services as requested by City Wastewater Manager for the Yakima Wastewater
Treatment Plant. When requested, create Task Orders for specific tasks All tasks will be mutually agreed
upon for scope, schedule, and fee prior to any work commencing
The period for this contract shall be two years and no new work will be approved by the CITY upon
expiration of the two-year period Task Orders in progress and budgeted within the two year period shall
be completed in accordance with the approved schedule for each task order
Page 14
EXHIBIT B
Professional Fees
A fee estimate and project schedule will accompany each Task Order scope of work for projects requested by the
City's Wastewater Manager.
Page 15
EXHIBIT "C"
SCHEDULE OF RATES
(Valid Through 2 -year Agreement Period)
Description
Hourly Rate
Principal III
$163 56
Principal II
$164 22
Principal I
$138 62
Project Manager
$169.05
Structural Engineer
$142.00
Project Engineer
$138 62
Civil Engineer III
$124.81
Civil Engineer II
$109 03
Civil Engineer I
$104.81
Electrical Engineer 11
$181.46
Electrical Engineer 1
$149.44
Environmental Technician
$107.73
AutoCAD Technician IV
$99.74
AutoCAD Technician III
$85 56
AutoCAD Technician II
$73.54
AutoCAD Technician 1
$63.76
Professional Land Surveyor
$125 94
Field Surveyor 11
$103 29
Field Surveyor 1
$74 38
Construction Inspector
$111.67
NOTE: Subconsultants will be identified on a task -by -
task basis and will be invoiced at cost plus a 10%
overhead fee.
Page 16
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 6.G.
For Meeting of: February 7, 2017
Resolution authorizing an agreement with Gray & Osborne, Inc., in
an amount not to exceed $250,000, to provide on-call planning and
engineering services for the Yakima Regional Wastewater
Treatment Facility
Scott Schafer, Director of Public Works
Mike Price, Wastewater Division Manager 249-6815
SUMMARY EXPLANATION:
The Wastewater Division occasionally requires on-call professional consulting and engineering
services including planning documents and capital improvement plan updates; structural,
equipment and capacity assessments; recommendations and cost estimates for improvements,
repair or replacement; and engineering support during bidding and construction.
The City reviewed Statements of Qualifications and held interviews with firms from the Municipal
Research and Services Center (MRSC) of Washington roster, a statewide small works and
consultant roster system. The City selected Gray & Osborne, Inc. based upon the firm's
experience, technical knowledge, and expertise in providing the required services.
The terms of the two-year agreement would be in an amount not to exceed two -hundred and fifty -
thousand dollars ($250,000) total compensation for tasks requested by the City Wastewater
Manager for the Yakima Wastewater Treatment Plant (see attached agreement with Exhibit "A,"
"B," and "C"). If this agreement is approved, Council would still have approval authority for any
specific contracts above $50,000 related to the agreement.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
Yes
Public Safety
City Manager
STAFF RECOMMENDATION:
Adopt resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
D Resolution Wastewater On-call Eng Services 1/17/2017
D Contract Wastewater On-call Eng Services 1;17/2017
Type
Resolution
Contract
TASK ORDER 4
TO
CONTRACT FOR ENGINEERING SERVICES
THIS TASK, made this day, by and between the City of Yakima, Yakima County, Washington,
hereinafter referred to as the CITY, and Gray & Osborne, Inc., hereinafter referred to as the
ENGINEER, hereby modifies the Contract for Engineering Services dated (by CITY)
February 8, 2017, for additional services related to on-call engineering needs.
City of Yakima — Task Order 4 — Digester Gas Upgrades at the City's Wastewater
Treatment Facility.
IN WITNESS WHEREOF, the parties hereto have executed, or cause to be executed by their
duly authorized officials, this TASK to the Contract for Engineering Services in triplicate on the
respective dates indicated below.
GRAY & OSBORNE, INC.
By:
CITY OF YAKIMA
By:
(Signature) ' (Signature)
Name: Michael B. Johnson, P.E., President Name:
GRAY & OSBORNE, INC.
Date:
Date:
"Equal Opportunity/Affirmative Action Employer"
(
(August 9, 2018) Page 1 of 5
Cliff Moore, City Manager
qb 0
CITY CONTRACT NO' iri-nti To At/
RESOLUTION NO*O'- -)49/7- 40/
TASK ORDER 4
EXHIBIT "A"
SCOPE OF WORK
CITY OF YAKIMA
WWTF — DIGESTER GAS UPGRADES
Based on our understanding of the project, this Scope of Work presents the professional
engineering services requested by the City of Yakima for the City's Wastewater Treatment
Facility located at 2220 East Viola Avenue, Yakima, WA 98901.
Project Understanding: In recent years corrosion of the boiler tubes at the anaerobic digester
system has accelerated resulting in premature tube replacement. The City completed a study to
determine if a cause or causes could be identified and developed recommendations for
modifications to reduce the premature boiler tube failure and replacement. The Study was
completed in February of 2018. The Study proposed four alternatives to reduce corrosion in the
digester gas piping and boiler equipment. The City selected to proceed with Alternative 1 —
Moisture Removal and Alternative 3 — Hot Water System Control Optimization.
Alternative 1 — Moisture Removal, includes the installation of a gas drying system consisting of
a gas chiller and a moisture separator. The moisture removal system would consist of a
glycol/digester gas heat exchanger, moisture removal filter, and a glycol chiller skid.
Alternative 3 — Hot Water System Control Optimization, includes revisions to the boiler water
piping to create a boiler water loop, installation of a new temperature transmitter to control the
boiler fire rate to maintain the boiler water return temperature at 200 degrees F and revisions to
the primary hot water loop supply and return piping to include a three-way mix valve. The
motor operated mix valve will be modulated by the control system to maintain the primary water
loop at 190 degrees F.
This scope of work includes the design services for the upgrades described in Alternative 1 and
Alternative 3 including the development of plans and specifications for a public bid project.
SCOPE OF SERVICES
The proposed scope of services is described below.
Task 1 — Project Management
This task will incorporate overall project management as well as in-house quality assurance and
quality control (QA/QC) reviews of all documents in order to address the relevant issues that
may affect the project. The project management task also covers oversight of the project
schedule and budget.
(August 9, 2018) Page 2 of 5
Task 2 — Engineering Design Services for the Digester Gas Upgrades
Design work shall include all necessary civil, mechanical, structural, electrical design, project
management, and quality assurance/quality control (QA/QC) to adequately show and describe all
improvements and modifications to digester gas system. The improvements shall be completed
based on the recommendations in the Digester Gas System and Boiler Corrosion Study.
Task 3 — Contract Documents for Digester Gas Upgrades
Services shall include the preparation of plans, technical specifications, contract documents and
cost estimates for the Digester Gas Upgrades. Plans, specifications and contract documents will
be prepared in a City approved format for bid to be used by a general contractor in performing
the construction work.
Three copies of preliminary plans, specifications cost estimates will be provided to the City at
50 -percent and 90 -percent levels of completion for review and comment. Gray & Osborne will
review the documents with the City to obtain comments and/or suggested design revisions, and
revise the documents accordingly.
Task 4 — Bid Services
Prepare final contract documents and assist the City with advertising the project for public bid.
Provide four hard copies of the plans and specifications to the City along with a digital copy of
the plans and specifications for the City's use.
Gray & Osborne will conduct a pre bid meeting and prepare minutes for inclusion in a City
addendum. Gray & Osborne will respond to bidder's questions as requested by the City.
Prepare addenda items for the City's inclusion in addenda that are issued.
Review each bid and verify the bidder's responsibility. Provide a letter of award
recommendation to the City.
NOTE: This scope of work assumes that the City will perform the following work and therefore
is not included in the Gray & Osborne scope of work.
• Submit advertisement to the paper of record and DJC.
• Distribute the Contract Documents.
• Maintain a plan holder's list.
• Finalize and distribute addenda.
• Conduct the bid opening.
• Develop and distribute a bid tab.
• Distribute and obtain required contract signatures and review bonds and
insurance, for the final signed Contracts.
(August 9, 2018) Page 3 of 5
INFORMATION TO BE PROVIDED BY CITY
We will work with the City to ensure that all of the information needed to complete the work is
obtained. This information will include, but is not necessarily be limited to, the following:
1. Existing planning documents and record drawings to develop background
information, including design criteria for the digesters.
2. Existing equipment operation and maintenance manuals.
3. Sludge production rates for the last three years.
SCHEDULE
The proposed schedule for completion Task 2 and Task 3 is 8 weeks after the date this Task
Order is executed.
The proposed schedule for completion of Task 4 Bid Services, will be on an on-call basis
dependent upon the final City bid advertisement schedule.
CONSTRUCTION SERVICES
This Agreement does not include services to be provided during construction. At the completion
of design, an amendment to this agreement for construction administration services will be
prepared for review and approval by the City of Yakima.
PROJECT BUDGET
The maximum amount payable to Engineer for the completion of the work associated with this
Scope of Work, including contingencies, salaries, overhead and direct non -salary costs shall be
shown in the attached Exhibit "B."
(August 9, 2018)
Page 4 of 5
EXHIBIT "B"
ENGINEERING SERVICES
SCOPE AND ESTIMATED COST
City of Yakima - Task Order No. 4
WWTF - Digester Gas Upgrades
Tasks
Principal
Hours
Project
Manager
Hours
Project
Engineer
Hours
Structural
Eng.
Hours
AutoCAD/
GIS Tech./
Eng. Intern
Hours
Project Management
2
2
Engineering Design Services
4
4
60
8
100
Contract Documents
4
4
40
10
50
Bid Services
2
4
Hour Estimate:
10
12
104
18
150
Fully Burdened Billing Rate:
$163.56
$169.05
$138.62
$142
$99.74
Fully Burdened Labor Cost:
$1,636
$2,029
$14,416
$2,556
$14,961
Total Fully Burdened Labor Cost:
Direct Non -Salary Cost:
Mileage & Expenses (Mileage @ current IRS rate) $ 350
Subconsultant:
$ 35,598
Conley Engineering, Inc. (Electrical)
Subconsultant Overhead (10%)
$ 27,875
2,788
$
TOTAL ESTIMATED COST: $ 66,611
(August 9, 2018)
Page 5 of 5
Contract Supplemental Agreement
Supplemental Agreement Organization and Address:
Number: 1 (Task Order #4) Gray & Osborne, Inc.
1130 Rainier Avenue South, Suite 300
Seattle, WA 98144
Original Contract Number: Execution Date of Supplement:
2017-014 (Task Order#4) February 1, 2020
City Engineering Project Number: 2489 Completion Date of Supplement:
Upon completion of City Project#2484
Project Title: Maximum Amount Payable this Supplement:
Wastewater Treatment Facility Digester Gas $40,000.00
Improvements Project
Maximum Total Amount Payable for the
Agreement:Does not exceed original contract $250,00.00
amount
Section 2.2: Additional Services
The City of Yakima, Washington desires to supplement Task Order#4 of the contract agreement entered
into with Gray& Osborne, Inc and executed on February 8, 2017 by Resolution No. 2017-015 and
identified as Contract 2017-014. All provisions in the basic contract and task order remain in effect except
as expressly modified by this supplement. The changes to the agreement are described as follows
Section 2.1: Scope of Work
The additional work to be performed as part of this Supplemental Contract is for additional Construction
Administration services as detailed in Task Order#4 and now requested by City of Yakima Wastewater
as described in Exhibit A.
Section 5: Compensation
Payment for this supplemented work as shown on Exhibit B is not to exceed $40,000 The total amount
payable for the Agreement is not changed by this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign the appropriate
spaces below and return to this office for final action
/��
By. /`�/ciy- EL t5, cc, By: A- x ,Dr _
Consul nt Signature C' Manager
Date
CITY CONTRACT NO:�Q�C i -DI qs tj (To 41)
RESOLUTION NO: ^ 17-1515
4.
EXHIBIT "A"
SCOPE OF WORK FOR ADDITIONAL CA SERVICES
CITY OF YAKIMA
WWTF—PRIMARY DIGESTER GAS IMPROVEMENTS
CITY PROJECT NO.WF2484
Based on our understanding of the project, this Scope of Work presents the professional
engineering services requested by the City of Yakima for the City's Wastewater
Treatment Facility located at 2220 East Viola Avenue, Yakima, WA 98901.
The Scope of Services included in this Amendment are summarized here with additional
detail following:
Digester Gas Improvements—Additional CA Services include the following:
• Project Management
• Submittal Review
• Inspection
• Certified Payroll Review, Tracking, and Monitoring
It should be noted that the design of Alternative 3 —Hot Water System Control
Optimization was not completed due to the issues of the classification of the boiler room
which resulted in the letter dated March 25, 2019 to Mr. Mike Price and subsequent
Documentation of Hazardous (Classified) Areas letter to Mr. Joe Caruso dated May 9,
2019.
SCOPE OF SERVICES
Gray & Osborne has been contracted for design and construction management of the
Digester Gas Improvements project. The original scope of work was contracted as Task
Order 4 under City of Yakima Contract No. 2017-014. Task Order 4 includes services
for design of the improvements but due to the complexity of the design, Task Order 4
referenced Construction Administration Services with the intent that a detailed scope and
fee would be determined in the future after design details were known.
The City is now requesting Gray & Osborne provide on-site inspection services to ensure
Contractor compliance with the contract schedule and contract documents. The contract
allows for 180 working days. This contract assumes part-time inspection by Gray&
Osborne as described below.
Item 1 - Project Management
This task will incorporate overall project management as well as in-house quality
assurance and quality control (QA/QC) reviews of all documents in order to
(January 30,2020) Page 1 of 3
address the relevant issues that may affect the project.
Item 2 — Submittal Review
• Provide review of equipment and material submittals for conformance
with the plans and specification requirements.
• Track re-submittals if necessary.
• Coordinate submittal reviews with electrical engineer
Item 3 —Inspection
• Provide a Field Inspector for resident construction inspection on a part-
time basis to witness the Contractor's compliance with the Contract
Documents. Inspection will not be required at all times depending on the
Contractor's daily work efforts (such as the performance of minor or
maintenance work). At these times it will be the Engineer's judgment,
with concurrence from the City,whether less effort is required.
• Field Inspector shall prepare and maintain (when on project site) daily
logs, lists of construction deficiencies, or other observable construction
issues, weekly schedule reports,job site photos, quantity measurements,
and correspondence.
• Review and comment on the Contractor's construction schedule. Monitor
the Contractor's progress in relation to the schedule.
• Issue weekly reports to the City and Contractor with respect to
construction time consumed on the project. Keep the City and Contractor
advised on the time limits as they relate to the construction schedule.
Provide a Field Inspector on a part-time basis to witness the Contractor's
compliance with the Contract Documents. Inspection will not be required at all
times depending on the Contractor's daily work efforts.
This scope of work and resulting maximum amount payable is based on providing
a Field Inspector performing inspection services for 4 hours per day up to 20
working days of construction. An amendment to this Agreement shall be
executed to reimburse the Engineer for inspection and engineering time required
beyond this limit.
(January 30,2020) Page 2 of 3
r
Item 3 —Review and Track Contractor's Certified Payroll
• Receive and review contractor's weekly payroll certifications. This
review shall also include subcontractors. The Contractor will be notified
of any discrepancies and corrected payroll sheets shall be requested. Field
labor interviews are not included in this scope of work.
• Maintain an electronic file of all certified payroll submittals and re-
submittals organized by contractor and by payroll period.
PROJECT BUDGET
The "not-to-exceed"budget amount of$40,000 for the Additional CA Services described
herein is provided in the breakdown in Exhibit"B".
{
(January 30,2020) Page 3 of 3
I
EXHIBIT "B"
ENGINEERING SERVICES
SCOPE AND ESTIMATED COST
City of Yakima
Digester Gas Improvements Project
Amendment For CA Services
Project Field ,
Principal Manager Civil Eng. Inspector
Tasks Hours Hours Hours Hours
Project Management 4 8 8
Inspection 2 8 6 80
Review/Track Certified Payrolls 4 6 40
Startup 16 16
Projec Closeout 1 4 4
Seismic Gas Valve Research/C.O. 1 4 8 2
Hour Estimate: 12 46 82 82
Fully Burdened Billing Rate Range:* $135 to $200 $119 to $200 $93 to $135 $81 to $145
Estimated Fully Burdened Billing Rate:* $163.56 $169.05 $104.81 $111.67
Fully Burdened Labor Cost: $1,963 $7,776 $8,594 $9,157
Total Fully Burdened Labor Cost: $ 27,490
Direct Non-Salary Cost:
Mileage & Expenses (Mileage @ current IRS rate) $ 410
Printing $ -
Subconsultant:
Conley Engineering, Inc. $ 11,000
Subconsultant Overhead(10%) $ 1,100
TOTAL ESTIMATED COST: $ 40,000
* Actual rates used for billing purposes will be in accordance with Exhibit C of the City of Yakima Original
Contract No. 2017-014 Agreement dated February 8, 2017.
(January 30,2020) Page 1 of 1