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HomeMy WebLinkAboutR-2011-131 Engineering Services Agreement with Brown and Caldwell, Inc.A RESOLUTION RESOLUTION NO. R-2011-131 authorizing the City Manager to execute an Agreement with Brown and Caldwell Inc. and City of Yakima for Professional Engineering Services in an amount not to exceed $100,000 for evaluation and design improvements related to new Biosolids Screening Requirements and the Wastewater Treatment Plant Headworks. WHEREAS, the City of Yakima owns and operates wastewater collection and treatment facilities in accord with applicable Federal, State and Local regulations; and WHEREAS, the City desires to retain Brown and Caldwell Inc., to provide support services for evaluating and providing basis for design of the Headworks facility and the screening needs of the City's Wastewater Treatment Plant (WWTP) needed to meet current and anticipated regulatory requirements pertaining to wastewater, biosolids treatment and disposal processes, and other related wastewater treatment plant support services; and WHEREAS, Brown and Caldwell is qualified to provide these services and recommend processes to ensure that necessary investments into the City's wastewater systems are identified to meet regulatory requirements, community growth, replacement needs, and operational efficiencies; and WHEREAS, with these ongoing mandated requirements, use of budgeted funding is required to continue the engineering support efforts to address these issues; and WHEREAS, the State of Washington requires these services to be performed by a Professional Licensed Engineer, now therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the Agreement for Professional Engineering Services with Brown and Caldwell Inc. to provide support services for evaluation and basis of design for Headworks and wastewater screening improvements for the Wastewater Division not to exceed $100,000, a copy of the Agreement with Exhibit "A" and "B" is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 16th day of August, 2011. ATTEST: City Clerk - 12LCa4 Micah Cawley, M or 2011-70 ,2c -o//-/3/ CITY OF YAKIMA AND BROWN AND CALDWELL PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"), and Brown and Caldwell, Inc. a company licensed to do business in Washington (hereinafter the "Engineer"). WHEREAS, the City desires to retain the Engineer to provide planning and engineering support services for evaluation and basis of design for wastewater treatment plant (WWTP) improvements related to new Biosolids Screening Requirements and the Yakima Regional Wastewater Treatment Plant Headworks; WHEREAS, the Engineer has the experience and expertise necessary to provide such independent engineering services and is willing to provide the services in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and the Engineer as follows: 1. Scope of Services. The Engineer shall provide engineering services, referred to as Basic Services, related to evaluating and providing a basis of design for improvements related to the Yakima Regional Wastewater Treatment Facility Headworks and new Biosolids Screening Requirements. The scope of services is described in more detail in Exhibit "A" attached and incorporated by this reference. The City will direct the Engineer when to proceed with each Phase of the scope of work, by written directive. 2. Additional Services. a. The City and Engineer agree that not all services performed by the Engineer can be defined in detail at the time this Agreement is executed and that Additional Services not covered in Exhibit "A" may be needed during performance of the Agreement. City may, at any time, by written order, direct Engineer to revise portions of Basic Services previously completed in a satisfactory manner, delete portions of Basic Services, suspend Basic Services, terminate Basic Services or request that Engineer perform Additional Services beyond the scope of Basic Services. Such changes hereinafter shall be referred to as "Additional Services". b. If such Additional Services cause an increase or decrease in 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. c. Compensation and time impact for each such request for Additional Services will be negotiated by the City and the Engineer. Engineer shall not perform any Additional Services until authorized by City in writing. Once so authorized, such Additional Services shall be considered part of Basic Services. If City -and Engineer cannot agree upon an equitable adjustment in the compensation and time for Additional Services beyond the scope of Basic Services within thirty (30) days of the Engineer's written request for equitable adjustment, performance of such Additional Services may Page 1of8 City of Yakima and Brown and Caldwell Professional Services Agreement be suspended by Engineer until City and Engineer mutually agree upon the time adjustment. 3. Term. The term of this Agreement shall commence upon execution hereof and shall terminate at the time of completion of all services/tasks required hereunder unless terminated sooner by either party in accordance with Section 20. The Engineer shall provide such services as are described on executed task orders in accordance with the time schedule set forth in Exhibit A. When directed by the City in writing, the Engineer shall proceed in a timely and diligent manner to provide all services required hereunder. 4. Consideration. a. The City shall pay the Engineer for basic services described in Exhibit A, in accordance with the total compensation set forth in Exhibit "B". Direct salaries may be increased once on an annual basis. Unless the parties otherwise modify this Agreement, the total compensation paid to the Engineer for all services provided under this Agreement shall not exceed $100,000. b. Direct Expenses are those necessary costs and charges incurred for Basic Services including, but not limited to: (1) the direct costs of transportation, meals and lodging; (2) insurance, letters of credit, bonds, and equipment and supplies, specific to the Basic Services and approved in advance by the City; and (3) Engineer's direct costs for subcontracted professional services, laboratory tests, analysis, printing and reproduction services, and CADD services. c. Travel costs, including transportation, lodging, subsistence and incidental expenses incurred by employees of the Engineer and each of the Sub -consultants in connection with Basic Services, shall be subject to the following; 1) 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 Basic Services. The Engineer, whenever possible, will use the least expensive form of ground transportation. 2) That reimbursement for meals inclusive of tips shall not exceed a maximum of $40 per day per person. This rate may be adjusted on a yearly basis 3) Those accommodations shall be at a reasonably priced hotel/motel. 4) That air travel shall be by coach class, and shall be used only when absolutely necessary. d. Telephone charges, in-house computer charges, in-house reproduction charges, first class postage, overnight mail and shipping and FAX charges are not reimbursable Direct Expenses, but are considered fully reimbursed as a part of Subsection 5.1 Direct Salary factor. e. Professional Sub -Consultants. Professional Sub -consultants are those costs for Engineering, management consulting, surveying, geotechnical services and similar professional services approved in advance by the City. Reimbursement for Professional Sub -consultants will be on the basis of 1.10 times the actual costs billed by the Professional Sub -consultant for services provided to the City through this Agreement. Page 2 of 8 City of Yakima and Brown and Caldwell Professional Services Agreement f. The Engineer shall submit to the City monthly invoices itemizing tasks accomplishedduring the month. Upon receipt of said monthly invoice, the City shall make payment to the Engineer within thirty (30) calendar days; provided, however, that all payments are expressly conditioned upon the Engineer's performing services that are satisfactory to the City. g. The Engineer shall maintain adequate files and records to substantiate all amounts itemized on the monthly invoices. In the event that either party exercises its right to terminate this Agreement in accordance with Section .20, the Engineer shall be compensated in accordance with the above terms for all satisfactory services provided to the City up to the effective Agreement termination date plus reasonable termination expenses as mutually agreed upon in writing, if termination is by City and without cause. 5. Information Provided by the City. The Engineer shall provide guidance to the City in determining the data .required for purposes of the ,contemplated services. The City agrees to use reasonable efforts to provide data and information specifically requested by the Engineer. Engineer shall not independently verify the validity, completeness or accuracy of such information unless otherwise expressly agreed to herein. 6. Status of Engineer. The Engineer and the City understand and expressly agree that the Engineer is an independent contractor in the performance of each and every part of this Agreement. No officer, employee, volunteer and/or agent of Engineer shall act on behalf of or represent him or herself as an agent or representative of the City. The Engineer, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The Engineer represents that its status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the "six -part independent contractor test set forth in RCW 51.08.195. The Engineer and its officers, employees, volunteers, agents and/or subcontractors shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between the Engineer and the City. 7. Inspection and Audit. The Engineer shall maintain books, accounts, records, documents and other evidence pertaining to the costs and expenses allowable and consideration paid under this Agreement in accordance with generally accepted accounting practices. All such books of account and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and/or the Washington State Auditor at all reasonable times and the Engineer shall afford the proper facilities for such inspection and audit. Such books of account and records may be copied by representatives ,of the City and/or the Washington State Auditor where necessary to conduct or document an audit. The Engineer shall preserve and make available all such books of account and records for a period of three (3) years after final payment under this Agreement. 8. Taxes and Assessments. The Engineer shall be solely responsible for compensating its employees, agents, and/or subcontractors and, with respect to its employees, for paying all related taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment Page 3 of 8 City of Yakima and Brown and Caldwell Professional Services Agreement and industrial injury and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, the Engineer shall pay the same before it becomes due. Engineer shall incorporate this provision in its subcontracts, if any.9.Nondiscrimination Provision. During the performance of this Agreement, Engineer 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 and 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. 10. The Americans with Disabilities Act. The Engineer shall comply with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing regulations and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its implementing regulations with regard to the activities and services provided pursuant to this Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services and telecommunications. 11. Compliance with Law. The Engineer agrees to perform those services under and pursuant to this Agreement in full compliance with applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local or otherwise. 12. No Conflict of Interest. The Engineer covenants that neither it nor its employees have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. The Engineer further covenants that it will not knowingly hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 13. No Insurance. It is understood the City does not maintain liability insurance for the Engineer and its officers, directors, employees and agents. 14. Indemnification. a. The Engineer agrees to hold harmless and indemnify the City, its elected and appointed officials, officers, employees, and authorized volunteers from and against any actions, claims, liability, damages, judgments, costs of defense and expenses (including reasonable attorney's fees) if judged as damages to the extent caused by the negligent acts, errors or emissions of the Engineer, its officers, employees or subcontractors in connection with the Engineer's or its officers', employees' or subcontractors' performance or non-performance of this Agreement. b. The City agrees to hold harmless and indemnify the Engineer, its officers, employees, and agents, from and against any and all suits, actions, claims, liability, damages, judgments, costs of defense and expenses (including reasonable attorney's fees) to the extent caused by the negligence of the City, its officers, employees or Page 4 of 8 City of Yakima and Brown and Caldwell Professional Services Agreement subcontractors, in connection with the City's or its officers', employees' or subcontractors' performance or non-performance of this Agreement. c. In the event that both the Engineer and the City are negligent7each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses '(including - reasonable attorney's fees). d. The foregoing indemnity is specifically and expressly intended' to constitute a waiver of the Engineer's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other party only, and only to the extent necessaryto provide the indemnified party with a full and complete indemnity of claims made by the Engineer's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. e. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. f. This Section of the' Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 15. Insurance Provided by Engineer. a. Professional Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance as evidence of professional liability coverage with a limit of at least One Million Dollars ($1,000,000.00) per claim and an aggregate limit of at least One Million Dollars ($1,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If the policy is on a.claim made basis, the retroactive date of the insurance policy shall be on or before the date this contract is executed by both parties hereto, or shall provide full prior acts coverage. The insurance coverage or substantially identical coverage sufficient to fully satisfy these requirements shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement. b. Commercial General Liability Insurance. On or before the date this Agreement is fully executed ° by the'partiies,•the Engineer shall provide the -City with a certificate of insurance as proof of commercial general liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence/general aggregate for bodily injury and property damage. The certificate shall clearly state who'the,provider is, the amount of coverage, 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 officials, officers, and employees as additional insured as to this project only and shall contain a clause that the insurer will not ,cancel or non - renew the insurance without first giving the City thirty (30) calendar days' prior written notice. The insurance shall be with an insurance company or a company rated:.A-VII or higher in Best's Guide and admitted in the State of Washington. c. Commercial Automobile :Liability Insurance. On or before the.date.this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance with 'a minimum liability limit of One Million -Dollars ($1,000,000.00) each accident for bodily Page:5 of 8 City of Yakima and Brown and Caldwell Professional Services Agreement injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, 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 officials, officers, agents, and employees as additional insured as to this project only and shall contain a clause that the insurer will not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar days' prior written notice. The insurance shall be with an insurance company or a company rated A -VII or higher in Best's Guide and admitted in the State of Washington. d. Insurance Provided by Subcontractors. The Engineer shall ensure that all subcontractors it utilizes for work/services required under this Agreement shall comply with all of the above insurance requirements. However, professional liability will not be required unless the subcontractor is involved in design or Engineering services. 16. Delegation of Professional Services. The services provided for herein shall be performed by the Engineer and no person other than associates or employees of the Engineer shall be engaged upon such work or services except upon written approval of the City. 17. Assignment. This Agreement, or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by the Engineer to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations and liabilities of the Engineer stated herein. 18. Waiver of Breach. A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 19. Dispute Resolution. The parties shall strive to resolve all conflicts through negotiation in good faith as the preferred approach to dispute resolution and may consider mediation, or other form of dispute resolution, as a supplement or alternative where mutually agreed to by the Parties in writing. 20. Termination. Either party may terminate this Agreement at any time, with or without cause, by providing the other party with written notice of termination ten (10) calendar days prior to the termination date. 21. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 22. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: Page 6 of 8 City of Yakima and Brown and Caldwell Professional Services Agreement TO City: Ryan Anderson, Utility Engineer City of Yakima, Wastewater 2220 East Viola Yakima, WA 98901 TO Engineer: Tadd Giesbrecht, PE or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall`. be sent by registered or certified mail, :postage. prepaid or hand delivered. Such notices shall be deemed effective when. mailed or hand delivered at the addresses specified above. 23. .Third Parties. The City and the Engineer are the only parties to this Agreement and are -the only'parties,entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any right or benefit, whether directly or indirectly or otherwise, to third persons. 24. Drafting of Agreement. Both the'Cityand the Engineer have participated in the drafting of this Agreement. As such,, it is agreed by the parties that the general contract rule of law that ambiguities within& contracta� shall be :construed against the drafter of a �pfl 5 f contract shall have no application to any�`legal° proceeding, 'arbitration and/or action in which this Agreement . and its ;terms.,; and° conditions are being interpreted and/or enforced. 25. Integration. This written document constitutes the entire Agreement between the City and the Engineer. There are no other oral or written agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 26. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 27. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. Page 7 of 8 City of Yakima and Brown and Caldwell Professional Services Agreement 28. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. CITY OF YAKIMA Brown an/ Caldwell By: 71-0.,"/ d�� By: 7/ J Michael A. Morales, Interim City Manager S e ,-n ruge,rSr Vice President Date: ATTEST: g/i8/0 Date: Ct-15 `y\ `"DA� Deborah Kloster, ity Clerk City Contract No. City Resolution No. Page 8 of 8 City of Yakima and Brown and Caldwell Professional Services Agreement Exhibit "A" City of Yakima Wastewater Treatment Consulting Services with Brown and Caldwell WORK PACKAGE 1 — Headworks and Screening Requirements Basis of Design BASIC SERVICES - include an evaluation and a basis of design for improvements to the Yakima Regional Wastewater Treatment Plant (YRWWTP) Headworks including alternatives for complying with WAC 173-308-205, titled "Significantly remove manufactured inerts". TASK 100 — WORKSHOP AND SCREENING OF ALTS Attend and participate in a Project Kick-off Workshop to finalize the scope of services to be provided under this project under Tasks 200, 300, and 400. Workshop participants will include the Headworks/Screening Improvements evaluation Engineer (Engineer), YRWWTP staff, and representatives of the consulting engineering team currently working on the design of the Industrial Waste Pretreatment System and the North End Electrical Distribution System Improvements. Engineer's scope and budget does not include effort for other workshop participants. Subtask 101: Identify Screening System Options The purpose of this subtask is to review design criteria and identify screening and washing/compaction system options. 1) Review and confirm the design criteria of alternatives for Headworks improvements and screening systems improvements. 2) Identify screening systems types to be considered in the evaluation. The Engineer shall provide project overviews (PowerPoint presentations, or similar) for at least three similar screening improvement projects completed within the past five years. The presentations may also address other relevant experience which the Engineer has with specific screen types and screening equipment manufacturers. 3) Identify screenings washing/compaction system types to be considered in the evaluation. The Engineer shall provide project overviews similar to the screening project overviews described above for at least three similar screenings washing/compaction systems improvement projects completed within the past five years (Items 2 and 3 may be combined in the presentations where projects included both screening and washing/compaction systems. The presentations may also address other relevant experience which the Engineer has with specific washing/compaction system types and washing/compaction system equipment manufacturers. City Responsibilities: 1. Provide input on screening equipment preferences to streamline the selection of options to be considered. 2. Provide VVVVTP facility planning and design criteria information. 3. Provide as -built CAD drawings of the areas potentially impacted Subtask 102: Kick-off Workshop The purpose of this subtask is to present system options from the previous subtask and provide initial recommendations for a "short list" of screening and washing/compaction system types or options to be evaluated in detail under Tasks 200, 300, and 400 of this agreement. Options to be considered shall include both replacement of the existing screens with screens meeting the requirements of WAC 173-308-205 and the addition of secondary screens meeting these requirements where the existing screens would be being retained as primary screens. Develop a "short list" of Headworks problems and alternative solutions to be evaluated in detail under Tasks 200, 300, and 400 of this agreement. A. The Workshop format will include: 1) Introductions — the Engineer shall identify all key project team members and their responsibilities and provide project organization chart. 2) Presentations by the Engineer. 3) A round table discussion among all workshop participants aimed at finalizing the "short list" of alternatives to be considered. City Responsibilities: 1. Confirm "short list" of alternatives TASK 200 — EVALUATE ALTERNATIVES The purpose of this task is to evaluate short-listed alternatives for screening and screenings washing/compaction as identified under Task 100. The budget for Task 200 shall be based on the evaluation of up to three (3) alternatives for screen and washing/compaction system combinations and shall be completed within 30 days after confirmation of the "short list" of alternatives. If the assumptions for Tasks 200, 300 and 400 are not valid as a result of the actual conclusions reached in Task 100, changes in scope will be handled by an amendment to the contract. Subtask 201: Develop Conceptual Layouts The purpose of this subtask is to provide relevant equipment design information and performance data in order to have a basis for a comparative analysis. This includes a planning level assessment of each of the following considerations, but does not include a detailed evaluation of each component: A. Effective screen opening size, headloss vs. flowrate, maximum hydraulic capacity based on available upstream head conditions, screen type, and solids handling capacity of screen and washing/compaction systems. B. Develop conceptual process flow schematic and if necessary to help make a decision, develop conceptual plan and section views showing the general location of major process components including screenings handling systems. C. Identify any additional odor control facilities needed and areas and points of application. D. Identify for each alternative major modifications required for the existing headworks building and/or any new building structures needed for the protection of new screening facilities. This does not include structural calculations, but rather a general description of modifications. E. Identify general heating, ventilation, and air conditioning requirements for the existing Headworks Building and any proposed new building structures. F. Identify facilities and equipment necessary to access and remove screening systems process equipment for maintenance or repair including modifications to the existing Headworks Building, if needed. G. Provide a preliminary assessment of the hazard classification of the areas that would be impacted by the project in accordance with NFPA 820. It is assumed that the existing electrical system has sufficient capacity to handle revised and additional loads. This scope and budget does not include an electrical analysis of the existing system. If electrical upgrades are required, it is assumed that the consulting team working on the North End Electrical Distribution System Improvements project will provide necessary inputs into the headworks analysis. City Responsibilities: 1; Provide as -built CAD drawings of existing facilities Subtask 202: Develop Life Cycle Costs The purpose of this subtask is to develop a comparative life cycle cost analysis for the alternatives identified above. The life cycle cost analysis includes preparation of preliminary opinions of probable construction cost (consistent with a "Class 5" cost estimate), planning level operating and maintenance costs and other project costs for each alternative. The comparative analyses should also include a discussion of relative performance capabilities and operation and maintenance considerations as part of a life cycle cost analyses. Client acknowledges that construction cost estimates, financial analyses and feasibility projections are subject to many influences including, but not limited to, price of labor and materials, unknown or latent conditions of existing equipment or structures, and time or quality of performance by third parties. Client acknowledges that such influences may not be precisely forecasted and are beyond the control of Engineer and that actual costs incurred may vary substantially from the estimates prepared by Engineer. Engineer does not warrant or guarantee the accuracy of construction or development cost estimates. TASK 300 — WORKSHOP AND SELECTION OF ALT The purpose of this task is to attend and participate in a Project peer review Workshop to present design and performance data, conceptual layouts for each alternative, and the comparative analysis as prepared under Task 200, above. City Responsibilities: 1. It is assumed that the City will confirm selection the recommended/preferred alternative as part of this Workshop or shortly thereafter. TASK 400 — FINAL PROJECT REPORT The purpose of this task is to summarize and document activities from preceding tasks in a brief Final Project Report identifying the recommended/preferred alternative. The final report shall include an updated cost breakdown and opinion of probable total project cost, a detailed design and performance data summary, and updated schematics and conceptual layout drawings for the recommended alternative which reflect the input from the Peer Review Workshop and other comments and input from YRWWTP staff. The budget does not include additional effort for re-evaluation of material if a decision is changed by the City. Although components of the Final Project Report will be suitable for inclusion in a WAC 173-240-060 Engineering Report, the Final Project Report is not intended to address all WAC Engineering Report requirements or be submitted to the Department of Ecology. City Responsibilities: 1. Review the draft Project Report and provide one set of comments. TASK 500 — GENERAL — Project Management / City Coordination Conduct activities to maintain coordination of the work with the Client. Meet with Client on a regular basis (weekly conference call) to review progress of the project. Submit monthly reports summarizing the progress of the project by task, for its duration. The reports will be submitted along with monthly invoices. The progress reports will document progress made toward completion of the project, and provide updated information on budget and schedule. Perform the general administrative duties associated with the project, including preparation of correspondence, office administration, administration of contracts with sub -Engineers, and progress monitoring. Complete all tasks within 90 days of signing the notice to proceed, contingent upon receipt of necessary project information and decisions from the City. The anticipated schedule is as follows: • Task 100 Complete: 30 days from NTP • Task 200 Complete: 30 days from completion of Task 100 and confirmation of short- listed alternatives • Task 300 Complete: 2 weeks after completion of Task 200 • Task 400 Complete: 2 weeks after completion of Task 300 Subtask 010: Quality Assurance The purpose of this subtask is to have a senior technical expert review work products. Exhibit "B" City' of Yakima, WA - Headworks Improvements Study 4 Descri otion aaor Hours Irce Labor Bffort Workshop and Screening of 100 Alternatives 200 Evaluate Alternatives Workshop and Selection of 300 Alternatives 400 Final Project Report 500 Project Management and QA Travel 152 22,404. 0 230 31,528 0 38 5,316 0 90 12,032 0 70 10,176 1,000 Client's Reserve Total Effort 0 22,404 0 31,528 0 5,316 0 12,032 0 11,226 TOTAL, BASE PROJECT 580 81,456 1,000 0 82,506 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. .C- i For Meeting Of August 16 2011 . ITEM TITLE: Request approval of a Resolution authorizing the City Manager to execute an Agreement with Brown and Caldwell Inc., and the City of Yakima for Professional Engineering Services in an amount not to exceed $100,000 for evaluation and design improvements related to new Biosolids Screening Requirements and the Wastewater Treatment Plant Headworks. SUBMITTED BY: Chris Waarvick, Director of Public Works Scott Schafer, Wastewater Division Manager Ryan Anderson, Utility Engineer CONTACT PERSON/TELEPHONE: Ryan Anderson/575-6077 SUMMARY EXPLANATION: The City has mandatory planning, coordination, process analysis and implementation responsibilities in order to address regulatory requirements including planning and engineering support services for evaluation and basis of design for wastewater treatment plant (WWTP) improvements related to new Biosolids Screening Requirements and the WWTP's Headworks. A Professional Licensed Engineer is required by the State of Washington to perform these services, with services not to exceed $100,000. The updating of the WWTP Facility Plan is required as a part of the renewal of the City's National Pollutant Discharge Elimination System (NPDES) permit with the Department of Ecology (Ecology). Updating this plan will allow for the estimate of current and future costs associated with mandatory and growth related wastewater issues, thus providing better development of planning priorities. Updating is also required to apply for financial assistance from Ecology and the Public Works Trust Fund Board. (...continued on next page) Resolution X Ordinance _ Other (Specify) Contract X Mail to (name and address): Phone: Funding Source: Wastewater Facilities Project (478 Fund) Budgeted APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests City Council approve the resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Page 1 (...continued from front page.) The contract scope includes support service additions and modifications to the WWTP needed to. meet current and anticipated regulatory requirements associated with biosolids screening, while providing a detailed evaluation of the improvements to the WWTP's Headworks. Brown and Caldwell, Inc., will provide the necessary evaluation and basis of design and estimate these costs for future projects under other prime consultant contracts. The terms of the Agreement would be in an amount not to exceed $100,000. (See attached Agreement with Exhibit "A" and "B") Exhibit "A" of the Agreement describes the Scope of Work in more detail. Exhibit "B" of the Agreement describes the cost of the Headworks Improvement Study Page 2