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HomeMy WebLinkAboutR-1996-078 Agreement / Engineering / KCM, Inc. East Mead / Sewer Planning Studyi i RESOLUTION NO R-96- 78 A RESOLUTION authorizing the execution of an Agreement for professional engineering services between the City of Yakima, a municipal corporation, and KCM, Inc 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 wishes to ensure that necessary investments into its wastewater systems are identified with sufficient lead time and detailed analysis to secure the most appropriate alternatives and financing methods to accommodate regulatory requirements, community growth, replacement needs, and operational efficiencies, and WHEREAS, the City has identified the need for engineering services w provide a Sewer Planning Study for a sewer collection system in the "East Mead" neighborhood, and WHEREAS, the City has selected an engineering firm from the City of Yakima's roster of qualified engineering professionals in compliance with applicable State requirements for acquisition of professional services, and WHEREAS, KCM, Inc has been selected to provide professional engineering services in response to the need to secure a sewer planning study for a future sewer collection system in the "East Mead" neighborhood, and WHEREAS, an agreement with KCM, Inc to provide these services to the City of Yakima is in the best Interest of the City of Yakima, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA The City Manager and City Clerk are hereby authorized to execute the attached and incorporated Agreement for professional wastewater engineering services with KCM, Inc for the City of Yakima. ADOPTED BY THE CITY COUNCIL THIS 25th DAY OF ATTEST 4<a)‘,2-„,_ City Clerk 6/14/96 cw KCM Agreement resolution June , 1996 John Puccinelli, Assistant Mayor AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND KCM, Inc. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made , and entered into on this 10th day of July , 1996 by and between the City of Yakima, Washington with principal offices at 129 N. Second Street, Yakima, Washington 98901, hereinafter referred to as "CITY", and KCM, Inc. with principal offices in Kennewick, Washington 99336 and which corporation and its principal engineers performing this Agreement are licensed and registered to do business in the state of Washington, hereinafter referred to as "ENGINEER", for Wastewater Collection services herein called the "PROJECT". WITNESSETH: RECITALS WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for planning, and pre -design of improvements to the wastewater collection system as described in this Agreement and Amendments thereto; and WHEREAS, ENGINEER represents that it has available and offers to provide personnel with expertise 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. PAGE 1 1996 KCM AGREEMENT CITY OF YAKIMA June 10, 1996 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 Jim Santroch, P.E. a`s Project Engineer and Allen Shewey, P.E. as Principal -in -Charge and Project Manager throughout the term of this Agreement unless other personnel are approved by the CITY. 2.1 BASIC SERVICES: ENGINEER agrees to perform the work outlined under task descriptions in Exhibit A, entitled "East Mead Sewer Collection System Planning" Scope of Work and Budget Estimates (Hours)" (WORK) which is 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 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". 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 will be negotiated by the CITY and the ENGINEER according to the provisions set forth in Exhibit A 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. 2.2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the date of receipt by the ENGINEER of the PAGE 2 1996 KCM AGREEMENT CITY OF YAKIMA June 10, 1996 written notification of change or of providing services related to an asserted change, whichever is earliest. SECTION 3 CITY'S RESPONSIBILITIES 3.1 CITY -FURNISHED DATA: The CITY will provide to the ENUINEER 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. CITY will perform, at no cost to ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY'S facilities as may be reasonably required in connection with ENGINEER'S services, unless otherwise agreed to. 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 REPRESENTATIVE: 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. PAGE3 1996 KCM AGREEMENT CITY OF YAKIMA June 10, 1996 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 therefrom. 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. PROJECT BUDGET: The project budget and not to exceed task amounts is as found in Exhibit A. 5.2. COMPENSATION ON A HOURLY BASIS: For the services described in Exhibit A, compensation shall be based on a Per Diem Rate as listed in Exhibit A, "Hourly Rates" and are subject to revision once each calendar year. In addition to the Per Diem Rates, the OWNER shall pay Direct Expenses in connection therewith plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. Direct Labor Cost shall mean salary and wages at the time services are performed of all personnel engaged directly on the P4OJECT, including, but not limited to, engineers, architects, scientists, designers, draftsmen, clerical, accounting, and other technical and business personnel. Direct Labor Costs do not include indirect payroll related costs or fringe benefits. 5.2.1 DIRECT EXPENSES: Direct 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 PAGE 4 1996 KCM AGREEMENT CITY OF YAKIMA June 10, 1996 similar costs. Reimbursement for Direct Expenses will be on the basis of actual charges when furnished by commercial sources and on the basis of current rates when furnished by ENGINEER. Estimated applicable Direct Expenses are included in Exhibit A. 5.2.2 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 $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. 5.2.3 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 as a part of the Per Diem Rates listed with the exception of CAD drafting computer time which shall have it's own hourly rate in Exhibit A. 5.2.4 PROFESSIONAL SUBCONSULTANTS: Professional Subconsultants are those costs for engineering, management consulting, geotechnical services and similar professional services approved by the CITY. Reimbursement for Professional Subconsultants will be on the basis of 1.10 times the actual costs billed by the Professional Subconsultant for services provided to the CITY through this Agreement. 5.3 Unless specifically authorized in writing by the CITY, the total PAGE 5 1996 KCM AGREEMENT CITY OF YAKIMA June 10, 1996 budgetary amount for this PROJECT shall not exceed that amount set forth in Exhibit A. 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. 5.4 The ENGINEER will use its best efforts to submit to the City's Representative, by the 10th day of each calendar month, an invoice 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. Copies of all invoices submitted by the authorized subcontractors, associates or subconsultants shall be submitted to CITY and will follow the same format as that of the ENGINEER. 5.5 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). 5.6 Final payment of any balance due the ENGINEER for PROJECT services will be made within forty-five (45) days after satisfactory PAGE6 1996 KCM AGREEMENT CITY OF YAKIMA June 10, 1996 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 ail known claims against CITY arising under or by virtue of this Agreement, other than such 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. 5.7 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 6.1 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 architectural and 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. PAGE 7 1996 KCM AGREEMENT CITY OF YAKIMA June 10 1996 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: 6.4.1 ENGINEER agrees to indemnify, defend, and hold the CITY harmless from loss, cost, or expense, including legal fees, 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 ENGINEER, its employees, officers, and subconsultants in connection with the PROJECT. In the event that any lien is placed upon the property of the CITY 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. 6.4.2 CITY agrees to indemnify, defend and hold the ENGINEER harmless from loss, cost, or expense, including legal fees, 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. 6.4.3 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. 6.4.4 The above indemnity is a business understanding between the parties and applies to all different theories of recovery, including breach of contract warranty, tort including negligence, strict or statutory liability, or any other cause of action. 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 PAGE8 1996 KCM AGREEMENT CITY OF YAKIMA June 10 1996 limitation on the amount or types of damages, compensation or benefits payable -by or for the ENGINEER or a subcontractor under workers' or workmen's' compensation acts, disability benefit acts or other employee benefit acts. The ENGINEER waives its immunity under the industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the ENGINEER and the CITY as evidenced by their specific and express initialing of this paragraph. ENGINEER'S INITIALS CITY'S INITIALS k 6.6 It is understood th-t 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 the safety of construction work, 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, engineers as additional insured 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 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 PAGE 9 1996 KCM AGREEMENT CITY OF YAKIMA June 10 1996 ENGINEER within fifteen days after execution of this Agreement. 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. 7.2 Not later than the tenth 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. Reuse, change or alteration by the CITY or others acting through or in behalf of the CITY without written permission of the ENGINEER will be at the CITY's sole risk. Written permission by the ENGINEER shall not be unreasonably withheld. 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 limitations litigation expenses and attorney fees where caused by the ENGINEER's own 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 PAGE 10 1996 KCM AGREEMENT CITY OF YAKIMA June 10. 1996 shall be vested in the CITY. SECTION 9 AUDIT AND ACCESS TO RECORDS 9.1 The ENGINEER, including it 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 substantially the foregoing paragraphs are included in each subcontract for WORK on the Project. 9.5 Any charges of the ENGINEER paid by the CITY found by an audit to be inadequately substantiated shall be reimbursed to the CITY. SECTION 10 INSURANCE 10.1 Prior to beginning WORK under this Agreement, the ENGINEER shall provide Certificates of Insurance as evidence that policies providing the following coverage and limits of insurance are in full force and effect. The CITY of Yakima, its employees, and elected and appointed officials shall be designated as additional insured on all such policies except for professional liability and Worker's Compensation. Such insurance shall PAGE 11 1996 KCM AGREEMENT CITY OF YAKIMA June 10 1996 be primary to the extent covered as additional insured and other insurance maintained or carried by the CITY shall be separate and distinct and shall not be contributing with the insurance listed hereunder. 10.1.1 Comprehensive general liability insurance, including personal injury liability, blanket contractual liability, and broad -form property damage liability coverage. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. 10.1.2. Automobile bodily injury and property damage liability insurance covering owned, non -owned, rented, and hired cars. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. 10.1.3. Statutory workers' compensation and employer's liability insurance as required by state law. 10.1.4. Professional liability insurance. The limit of liability shall be not less than $1,000,000. Failure of either or all of the additional insured to report a claim under such insurance shall not prejudice the rights of the CITY, its officers, employees, agents, and representatives thereunder. The CITY and the CITY'S officers, principals, employees, representatives and agents shall have no obligation for payment of premiums because of being named as additional insured 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 so as to affect the rights of the City thereunder until thirty (30) days after written notice to the CITY of such intended cancellation, expiration, or change. SECTION 11 SUBCONTRACTS 11.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract any portion of the WORK to be performed under this Agreement. 11.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any substitutions thereof, will be subject to PAGE 12 1996 KCM AGREEMENT CITY OF YAKIMA June 10, 1996 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. 11.3 CITY hereby authorizes the ENGINEER to subcontract with the persons and firms listed below: 11.4 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 12 ASSIGNMENT 12.1 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. SECTION 13 INTEGRATION 13.1 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 14 JURISDICTION AND VENUE 14.1 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 that 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 of all disputes PAGE 13 1996 KCM AGREEMENT CITY OF YAKIMA June 10 1996 shall be Yakima County, State of Washington. SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION 15.1 In connection with the 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 16 SUSPENSION OF WORK 16.1 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 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 17. SECTION 17 TERMINATION OF WORK 17.1 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 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. 17.2 In addition to termination under subparagraph A of this Section, CITY may terminate this Agreement for its convenience, in whole or in PAGE 14 1996 KCM AGREEMENT CITY OF YAKIMA June 10, 1996 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. 17.3 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. 17.4 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. 17.5 Upon receipt of a termination notice under subsections 17.1 or 17.2 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. 17.6 Upon termination under any subparagraph above, CITY reserves the PAGE 15 1996 KCM AGREEMENT CITY OF YAKIMA June 10, 1996 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. 17.7 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 effegted for the convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be determined as set forth in subparagraph 17.4 of this Section. 17.8 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 17.3 of this Section. Section 18 Arbitration All claims, counterclaims, disputes and other matters in question arising out of, or relating to, this AGREEMENT or the breach thereof may be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining. Either CITY or ENGINEER may initiate a request for such arbitration, but consent of the other party to such arbitration shall be a necessary precondition to arbitration. PAGE 16 1996 KCM AGREEMENT CITY OF YAKIMA June 10, 1996 Section 19 NOTICE 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 hours after mailing by certified mail to the place of business set forth below, whichever is earlier. CITY: City of Yakima Regional Wastewater Facility 2220 East Viola Yakima, WA 98902 Attn: Mr. Chris Waarvick, Wastewater Superintendent ENGINEER: KCM, Inc. Plaza I 320 north Johnson Suite 600 Kennewick WA 99336-2771 Attn: Allen C. Shewey, Regional Manager PAGE 17 1996 KCM AGREEMENT CITY OF YAKIMA June 10, 1996 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 Signature Printed Name Printed Name Ate KCM pora -a Signatur-1111 Title Date Attest City Clerk .fig-q�-�� PAGE 18 1996 KCM AGREEMENT CITY OF YAKIMA June 10, 1996 STATE OF WASHINGTON COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that o �lr ss. is the person who appeared before me, and said person acknowledged that/she signed this instrument, on oath stated thatshe was authorized to execute the instrument and acknowledged it as the Ci -)y H ins Je.� of CITY OF YAKIMA to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Seal or Stamp PAGE 19 1996 KCM AGREEMENT CITY OF YAKIMA June 10, 1996 (Signature) Iv Lrr Title 2 trial) J - fia-are Printed Name My commission expires: 3P6/60 STATE OF WASHINGTON ) ) ss. COUNTY OF 1 M F 1t i t I certify that I know or have satisfactory evidence that tottD is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of KCM, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 024 l&lM' Seal or Stamp SHARON A. WEBB STATE OF WASHINGTON NOTARY—,— PUBLIC MY COMMISSION EXPIRES 8-01-00 PAGE 20 1996 KCM AGREEMENT CITY OF YAKIMA June 10, 1996 (Signature Title SI//,eo f,G Printed Name My commission expires: &S -o/ --/O L. 141,g V,vf TW. EXHIBIT A EAST MEAD SEWER COLLECTION SYSTEM PLANNING PART 1 - SCOPE OF SERVICES Task 1 - General The East Mead Collection System Planning is to be accomplished for a defined area of the overall city sewer collection system. For this reason KCM will approach this planning effort as a limited scope project not intended to stand on its own in meeting all the procedural requirements of Ecology. Elements of our proposed scope include the following: • General • Project Management • Data Collection • Public Information • Analyze Planning Considerations • Review of Existing Utilities • Develop Collection System Alternatives • Mapping • GMA Planning Coordination and Considerations • Timing • Collection System CIP • Report • Prepare SEPA Checklist Task 2- Project Management This task includes necessary management to develop a quality product on time and within budget. Specifically it includes: 2.1 Project Initiation Meeting. KCM will review and coordinate the Scope of Work, schedule, and task priorities with City staff prior to beginning work. At a Project Initiation Meeting, KCM will review project goals and priorities with City staff. The meeting will be attended by the KCM project manager and project engineer. 2.2 Project Plan Preparation. Prepare a Project Plan including a detailed approach to the work along with assignments concerning who will develop the tasks, specific City of Yakima • East Mead Sewer Collection System Plan Scope of Work Page 2 budgets, and schedules for completing the various efforts involved. Monitor project progress, billings, and coordinate staffing. 2.3 Progress Meetings. KCM will meet with City staff at the 30, 60, and 90 percent completion points to review progress and obtain City input and concurrence. 2.4 Quality Control. Conduct detailed calculation checks and quality control reviews at the draft and final report stages of the project. Task 3 - Data Collection All available data will be gathered for the project by City staff and members of KCM's team. Needed information includes utility locations (water, storm, sanitary sewer, gas, phone, and power), as-builts drawings, irrigation system locations, topography, rights- of-way information, zoning, current Growth Management Plan, and all other planning studies specific to the area. The City will provide KCM with an AutoCAD dwg base map with parcel and utility information on separate layers. KCM has provided limited time within this Scope to acquire additional information related to existing utilities and add to the base map. KCM will review the data and collect information as necessary to determine the location of existing basements and to develop elevation information at critical crossings of existing sewer or irrigation facilities. Task 4- Public Information 4.1 Meetings and Coordination. KCM will develop information and visual aids for one public hearing and one council presentation. KCM will be available to assist City staff, as desired, in making these presentations and in answering questions. If additional public information is required as the project develops, KCM will provide coordination with City staff providing this additional effort. Task 5 - Analyze Planning Considerations Review the planning data collected in Task 3 and determine the following specific elements. 5.1 Definition of Boundaries. Verify the study area boundaries, land use, and zoning for the area through discussions with the City and review of existing information. 5.2 Septic Failures/ Citizen Complaints/ Health Hazards. KCM will compile available information developed during data collection and the evaluation of a new sewer location. Information obtained relative to septic failures, complaints, or health hazard concerns as a function of this planning effort will be presented in the Planning Report. This information will be helpful to the City in clarifying the phasing of new sewers in the East Mead area. 5.3 Growth Projections. Working with the City Planning Department, develop acceptable growth projections in the East Mead area for the 6 year, 20 year, and buildout planning horizons from the Draft GMA Plan. The growth projections should be delineated by drainage areas identified by KCM where possible. Further classification of the numbers into the appropriate planning zones such as residential, commercial, and industrial should be provided by the City from the current GMA plan. City of Yakima • East Mead Sewer Collection System Plan Scope of Work Page 3 5.4 Local Regulations. Document the local regulations as they pertain to the sewer collection system plan. 5.5 Study Elements. Review with the City the need to meet Ecology and EPA published requirements in the development of this Sewer Collection System Plan. Study elements will be reviewed with the City to ensure the analysis meets the desired level of planning. 5.6 Review Planning Information and Studies. Review information generated by City staff concerning the capacity in flows from sewers entering the East Mead area from adjacent parts of the City. Task 6 - Review of Existing Utilities 6.1 Review Existing Private Utilities. Obtain information from City staff which is available concerning private utilities. This information is anticipated to include the gas system and some information about telephone and electrical utility installations. We also anticipate City staff providing mapping identifying the layout of the existing irrigation system. To the extent possible, this information will be transferred from the City to KCM in an AutoCAD dwg file where the information is provided in layers overlaying the base map. Information largely provided by the City about the location of private utilities will be used as an input into the routing of needed sewers to serve the area. 6.1 Review Existing Public Utilities. The City of Yakima Engineering Division will provide layers of existing public utilities on the base map. Information desired within the boundaries of the East Mead Sewer Planning Area include all water, existing sewer and storm drainage systems. Task 7 - Develop Collection System Alternatives In Task 7, the alternatives for providing adequate sewer service for the study area are evaluated as follows: 7.1 Estimate Flows. Estimate the 6 year, 20 year, and buildout system flows by sub basin. Estimates will be based on unit flows (per capita, per acre, etc.) developed from existing City data such as sewer account records, land use, flow records and discussions with City staff. Pump stations flows from outside the East Mead area will be provided by the City. 7.2 Sewer Main Sizing. Based on sewer flows estimated for tributary areas, develop recommended sewer collection system pipe sizes. 7.3 Alternative Routing Plans. Develop alternative routing plans to service areas of the study area, including the preferred locations of future collection system to best serve the project area. 7.4 Cost Estimates. Prepare total budget cost estimate for implementing the alternative routing plans. 7.5 Matrix Analysis. Prepare a matrix analysis and qualitatively compare the merits of each alternative. City of Yakima • East Mead Sewer Collection System Plan Scope of Work Page 4 7.6 Select Recommended Plan. With input from the City and team, select the recommended plan for sewer system improvement/expansion to serve the future service area and correct any existing problem areas. Task 8 - Mapping 8.1 Planning Maps. i' 8.1.1 Base Map and Aerial Photos. The City is to provide an aerial photo, AutoCAD dwg base map, and related layers of existing utilities, roads, and rights -of -ways to the extent currently developed and available from the City's GIS System. This information will form the basis of needed study maps and figures identifying the area to be improved. 8.1.2 Existing Sewer Layer. On the .dwg base map the existing sewers in the area will be provided as a separate layer for use by KCM from the City. 8.1.3 Topography and Elevations. The City will provide existing elevation information available in Yakima. This elevation information includes local bench marks, available USGS information, and invert elevation of existing sewers obtained from the existing City as -built drawings. Limited additional elevation information may be required at critical crossing locations of existing sewer lines. These measurements will be obtained in the field jointly by KCM and City staff. KCM will incorporate the as -built and field elevation information in the study to determine the appropriate layout for proposed sewers. 8.1.4 Existing and Proposed Streets. The City will provide any existing and proposed streets in the planning area, if available, on the base map as a separate AutoCAD layer. Where street information is not available in a mapping format, the narrative of this study will indicate the conditions to be encountered in locating new sewers along proposed routes. 8.1.5 Water Systems. The location of existing water lines will be shown graphically from information obtained by the City of the base map. 8.2 Report Drawings. KCM will develop report drawings for use by the City as a portion of this plan. The report drawings (one cover sheet and four plan sheets breaking the base map and associated layers into 1"=100' drawings) will indicate the location of proposed sewer within the planning area on the base map provided to KCM by Public Works. At critical locations where existing and proposed sewers cross, KCM will provide an enlarged detail of the crossing indicating a plan and cross sectional perspective. The details will either be contained on 8-1/2" x 11" sheets within the text of the report or as a sheet of details with the 22" x 34" plans. KCM will provide an AutoCAD dwg file of all mapping provided within this report to the City. Task 9 - GMA Planning Coordination and Considerations 9.1 Data Collection. Coordinate the collection of necessary planning information with City Senior Project Planner John Elsden, AICP for the sewer system planning analysis including population projections, zoning, and land use. This information will be collected in Task 3 above. City of Yakima • East Meaa Sewer Collection System Plan Scope of Work Page 5 9.2 GMA - Capital Facilities and Utilities Plans. KCM often provides the technical evaluation and cost estimate for a sewer system analysis like the East Mead Project in a CIP format where each proposed improvement is identified. Relevant information provided includes the cost estimate, implementation schedule, and priority. This information is useful to the future updating of the City's, soon to be completed, GMA Comprehensive Plan Capital and Utilities Elements. Task 10 - Timing 10.1 Timing. The East Mead Sewer Collection System Planning will be completed in draft form in approximately 3 months, with the final report complete by August 15, 1996. Coordination between City Engineering and Planning staff and KCM is critical to meet these time frames. Task 11 - Collection System CIP Development 11.1 Develop Draft CIP. Develop a CIP (Capital Improvement Plan), identifying specific pipeline projects to serve discrete sections of the East Mead Sewer Basin, estimate costs for each area to be served by pipeline, and provide a suggested implementation schedule developed jointly by the City and KCM. 11.2 Finalize CIP. The final CIP will indicate the proposed projects, the cost, and an estimation of the year of expected implementation. Task 12 - Report Prepare the Sewer Collection System Planning Report for the East Mead Service Area documenting the collected data, analysis, and recommended improvements as follows: 12.1 Prepare a Draft Sewer Planning Analysis. Print copies of the draft for review by the City. If the City desires input for the Department of Ecology, a draft copy of the plan will be submitted to their local office. 12.2 Public Meeting. Prepare for and present the findings and recommendations of the analysis in public meetings as desired by the City. (See item 4.1) 12.3 Incorporate Comments. Incorporate all review comments into the draft report, prepare the final document and print/deliver copies to the City. 12.4 City Council Meeting. Prepare for and present the findings and recommendations of the final plan to the City Council. (See item 4.1) 13 - Prepare SEPA Checklist Prepare a SEPA Checklist of the East Mead Sewer Collection System Planning according to the latest guidelines from Ecology and include the document as an appendix to the final analysis. Coordinate the SEPA analysis with efforts conducted as a part of the ongoing GMA process and overall Sewer Comprehensive Plan for the City. EXHIBIT A PART 2 BUDGET ESTIMATE CLIENT: CITY OF YAKIMA P.D. No.: 9630022 PROJECT: EAST MEAD SEWER COLLECTION SYSTEM Proj No. : PLANNING Date: 4 -Jun -96 TASK DESCRIPTION : TASK KCM Proj Mgmt Proj Lead Prof Staff Tech Staff Clerical Staff Total KCM 1 & 2 Project management qa 2.1 Project Initiation Meeting 8 8 1 2.2 Project Plan Preparation 2 1 2 2 2.3 Progress Meetings 30,60&90% (3) at Yakima 26 6 24 2 2.4 KCM quality assurance review 8 2 2 2 Task subtotal hours/$ 44 9 36 0 7 96 2 $7,595.00 3 Data Collection 8 2 Task subtotal hours/$ 0 0 8 0 2 10 $570.00 4 Public Information 4.1 Public Meetings - 1 -hearing, 1 -council 12 4 4 6 Task subtotal hours/$ 12 0 4 4 6 26 $1,902.00 5 Summarize Planning Considerations 5.1 Boundaries, land use, and topography 2 5.2 Septic failures/ citizen complaints 1 1 4 5.3 Growth projections 2 4 5.4 Local regulations 1 5.5 Study elements 1 5.6 Review planning information 1 2 4 Task subtotal hours/$ 2 5 16 0 0 23 $1,560.00 6 Review Existing Utilities 6.1 Review Private Utilities 2 6.2 Review Public Utilities 2 Task subtotal hours/$ 0 0 4 0 0 4 5240.00 7 Develop Collection System Alternatives 7.1 Estimate flows 1 12 7.2 Sewer Main Sizing 12 7.3 Develop routing alternatives 2 4 16 8 7.4 Cost Estimates 1 2 8 7.5 Matrix analysis 2 8 7.6 Select Recommended Plan 2 4 8 Task subtotal hours/$ 6 12 64 8 0 90 55,784.00 8 Mapping, profiles and sections 8.1 Planning maps - base map 2 8.2 Preliminary design drawings —Cover sheet -index, vicinity map 2 4 —Plans (4 on City provided base maps, 1"=100') 1 24 32 —Profiles (8-1/2"X11" Cross -Sectional Blow-ups) 1 20 Task subtotal hours/$ 2 0 48 36 0 0 $4,808.00 Page 1 of 2 EXHIBIT A PART 2 BUDGET ESTIMATE CLIENT: CITY OF YAKIMA P.D. No.: 9630022 PROJECT: EAST MEAD SEWER COLLECTION SYSTEM Proj No. : PLANNING Date: 4 -Jun -96 9 GMA Planning Coordination 9.1 Data Collection - Planning 9.2 GMA - Cap. Fac. and Utilities Plans - CIP Task subtotal hours/$ 11 Collection system CIP Development 11.1 Develop Draft CIP 11.2 Finalize CIP Task subtotal hours/$ 12 Report 12.1 Prepare draft Planning Report 12.2 Present draft plan at public meeting 12.3 Incorporate review comments into final plan 12.4 Present final plan for adoption at City council Task subtotal hours/$ 13 Prepare SEPA checklist Task subtotal hours/$ 2 1 2 1 2 2 2 0 2 2 2 16 4 3 24 8 3 4 6 2 12 $664.00 4 4 4 20 4 see item 4.2 2 see item 4.2 32 16 16 0 8 4 8 24 4 64 54,280.00 8 1 6 32 2 12 28 1 86 $5,036.00 1 0 2 0 1 4 $265.00 TOTAL HOURS HOURLY RATE SUBTOTAL TOTAL LABOR TRAVEL AND PER DIEM - 79 54 249 63 57 $100 $80 $60 $48 $45.00 $7,900.00 $4,320.00 $14,940.00 $3,024.00 $2,565.00 PRINTING, PUBLICATIONS, COMMUNICATIONS, ETC. -10 draft reports, 20 final reports COMPUTER TOTAL COST Page 2 of 2 $32,749.00 $32,704.00 $500.00 $750.00 $900.00 $34,899.00 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 11 For Meeting Of 6/25/96 ITEM TITLE: Consideration of a Resolution Authorizing the City Manager to Execute a Professional Engineering Services Agreement With KCM, Inc. for the "East Mead" Sewer Planning Study. SUBMITTED BY: Fred French, City Engineer Chris Waarvick, Wastewater Superintendent Doug Mayo, Wastewater Project Engineer CONTACT PERSON/TELEPHONE: Fred French/575-6648 SUMMARY EXPLANATION: In accord and with previous City Council direction, the attached resolution is presented authorizing the execution of the attached agreement for professional engineering services for "East Mead" Sewer Planning Study. The estimated cost is $35,000. Funding for this project will be from unobligated appropriations from Fund 476 of the adopted 1996 Budget. This project has been assigned City Project Number 1782. (Continued on next page) Resolution X Ordinance _ Agreement _X Other (Specify) Public Meeting Material Funding Source 476 Sewer Construction Fund Approved 1996 Unobligated Appropriation -Project #1782 APPRO-DR2 FO�UBM,ITTAL: City Manager STAFF RECOMMENDATION: Approve resolution authorizing City Manager to execute professional engineering services agreement with KCM, Inc. for "East Mead" Sewer Planning Study. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution No. R-96-78 KCM agenda June 18, 1996 cw Agenda Statement (continued) Citizens residing in the recently annexed "East Mead" area approached City Council, earlier this year, with a request to receive Sewer Service. Subsequent to a community meeting held on February 16, 1996, Council requested preparation of a Planning Study which could be used both as an aid to secure financial assistance, as may become available, and as a preliminary design report. This Planning Study covers the entire "East Mead" area within city limits. Staff estimates the cost to sewer this area at $8,000,000. Outside engineering assistance is recommended because the City Engineering Division cannot set aside current projects to accomplish this task in the time frame necessary. KCM, Inc. has been selected from the City Engineer's list of qualified consultants in accord with state requirements for procuring engineering services. Payments to the Engineer, under this agreement, shall be based upon a time and materials basis; not to exceed $35,000 for the Scope of Services identified in Exhibit "A" to the Agreement. A draft report will be available within 120 days of execution of this Agreement. KCM agenda June 18, 1996 cw TO: FROM: SUBJECT: INFORMATION ITEM February 2, 1996 Honorable Mayor, Members of City Council and City Manager Chris Waarvick, Wastewater Superintendent Fred French, City Engineer East Mead Area Wastewater Collection Analysis Citizens of the recently annexed area known as the East Mead Area have voiced concern over the lack of adequate sewer service facilities. The following report provides an expedited analysis of the costs, funding mechanisms and time lines involved in providing sewer to this area. Costs were identified by desk analysis of a preliminary lay -out of pipes coupled with recent cost experience in sewer line construction. Further field investigation and cost analysis, performed under a preliminary design task, would be necessary to verify constructability and pricing of the projects discussed in this report. The City is presently engaged in a pilot project constructing collection sewers in the area known as the King Street project. A Public Works Trust Fund (PWTF) loan is financing the project and is currently under design in Engineering. The original PWTF loan application identified a number of areas within the City's sewer service area, both within and without City limits, which appear to meet the criteria of low income and potential groundwater contamination. Since the development of the loan application, certain areas that at that time were not in City limits are now annexed. Only those areas within City limits are considered in this report. The total estimated cost for sewering the following areas is estimated at $54 million (see Table titled "Cost Analysis for City Unsewered Areas," dated 1/31/96): King Street, East Mead, Pacific, Erickson, River Road, and Chesterley. Please refer to map titled "General Project Overview." These costs include design, construction, inspection, connection charges, and hook-up costs. The above referenced table also analyzes the costs of sewering the East Mead area. Please refer to map titled East Mead Sewer Planning Area. The analysis uses an estimate of 35,000 feet of sewer line. Total project cost is estimated at $7.7 million. Cost per parcel is estimated at $8,922. Exhibit 1 presents project information which can be placed on larger reader boards for meetings with the citizens in the area. Funding mechanisms are presented. The estimated LID cost per residential account is $100 per month on a total project cost rounded to $8.0 million. A sewer revenue bond of $8.0 million would result in an approximate sewer rate increase of 20% or $4.10 per month for all City Retail customers. Sewering all of the East Mead Area would take approximately 53 months from the time acquisition of design services began. While this may seem an extraordinarily long time, the project length to provide water to the Railroad contamination area supports this estimation. The table dated 1/31/96 also analyzes the costs of sewering the Simpson Lane phase of the East Mead Area. The analysis uses an estimate of 4,200 feet of sewer line. Total project cost is estimated at $909,800. Cost per parcel is estimated at $9,448. Exhibit 2 presents project information which can be placed on large reader boards for meetings with the citizens of the Simpson Lane Area. Funding emsa February 8, 1996 cw mechanisms are presented. The estimated LID cost per residential account is estimated at over $100 per month on a total project cost of $1.0 million. A sewe revenue bond rounded to $1.0 million would result in an approximate sewer rate. increase of 2% or $0.41 per month for all City Retail customers. Sewering the Simpson Lane phase of the East Mead Area would take approximately 24 months from the time acquisition of design services began. City Staff are concerned that certain funding alternatives may create financial hardships on the residents of the identified project areas. However, until Growth Management Act requirements are met, the City is not eligible for Washington State PWTF loans, Centennial Clean Water Act or State Revolving Fund financing. Federal grants are "on hold" until federal budget deliberations are concluded. There may be a possibility of an Imminent Health Threat grant from Washington State for the East Mead Area. Ecology and the Yakima Health District would need to concur in the health threat declaration. We would be willing to pursue this course if the neighborhood desires. Due to the potential scope of this project and current engineering workload requirements, we would recommend engaging professional engineering services to provide the preliminary design and cost estimates for this project. The engineering firm awarded the work would also be a position to develop detailed specifications for the entire East Mead project or smaller phased projects, such as the Simpson Lane phase. The 476 Sewer Construction Fund could initially absorb the preliminary design for the smaller project. These costs would then be factored into any future financing mechanism selected. Mayor Buchanan has suggested that this issue be discussed at an informal Council session which is scheduled for Tuesday, February 13 at 7:30 am at the Wastewater Collection Maintenance Facility. We also plan to hold a meeting with the affected residents and property owners on February 16 at 1:30 PM at Fire Station #5. emsa February 8, 1996 cw EXHIBIT 1 SEWAGE COLLECTION SYSTEM CONSTRUCTION PROGRAM East Mead Area Project Define Areas Needing To Be Served 1. King Street (Presently under design) — Pop.: 535; HU: 207; Acres: 60 2. E. Mead (analyzed in this discussion) — Pop.: 2,135; HU: 861; Acres: 352 3. Pacific — Pop.: 429; HU: 170; Acres: 145 4. Erickson — Pop.: 583; HU: 251; Acres: 186 5. River Road — Pop.: 1,168; HU: 649; Acres: 943 6. Chesterly — Pop.: 479; HU: 273; Acres: 257 7. Totals — Pop.: 5,329; HU: 2,411; Acres: 1,943 II. East Mead Area Construction and Cost Analysis 1. Estimated Footage of 8 and 10 inch Sewer Pipe: 35,000 LF 2. Estimated Per Foot Construction Cost: $130 3. Construction Cost: $4,550,000 4. Construction Cost Elements: • Sewer Pipe • Manholes •Service Stubs •Street Restoration (not paving) 5. Contingency © 10% of Construction Cost: $455,000. 6. Design and Construction Inspection Services @ 20% of Construction Cost: $910,000. 7. Total of Construction, Contingency and Design & Inspection Services: $5,915,000. 8. Side Service Connection Costs •Cost per Connection: $2,000 •Number of Housing Units: 900 (861 shown above) •Total Connection Estimated Connection Costs: $1,800,000. 9. Estimated Cost per Parcel/Lot •Total Project Cost: $7,715,000. •Divided by 900 HU's: $8,572. •Plus One-time Payment of CCRC @ $350 per HU: $8,922. cscp February 8, 1996 cw 1/" COST ANALYSIS FOR CITY UNSEVERED AREAS Fast Mead Simon All Areas Feet of Pipe 35,000 4,200 291,450 Cost per foot 130 130 130 Construction cost *4,550,000 $54.6,000 $37,888,500 Contingency 10% $455,000 10% $54,600 10% $3,788,850 Design and Const Eng 20% $910,000 20% $109,200 20% $7,577,700 Subtotal *5,915,000 $709,800 $49,255,050 Connection $2,000 $2,000 02,000 HU 900 100 2500 Connection cost $1,800,000 $200,000 $5,000,000 Total Project $ 7,715,000 $909,800 $54,255,050 $8,572 $9,098 CCRC *350 $350 TOTAL PER PARCEL $8,922 $9,448 III. East Mead Area Funding Options 1. Form LID For Entire Project •Use $8,000,000 for value of Project. • 15 Year Pay -back on Financing 'Estimated Monthly Bill: $100. 2. CBDG Block Grant Area Yearly Allocation •$50,000 Per Year Would Support One-time $600,000.Project. 3. Other Grants/Loans •Current Federal Budget Not Yet Adopted. • WDOE Imminent Health Threat Grant -- $8,000,000 Request. Requires Yakima Health District and Area Political Representatives Involvement. 4. Existing Unobligated Wastewater Reserves •Use of 473 Operating Reserve of $1,100,000 not Recommended. •Current 478 Facility Treatment Facility Resources Obligated for 1996 Rehabilitation Project. •472 Facility Reserve Fund Solely For Treatment Facility Purposes. •Approximately $1,000,000 Unobligated Reserve Available in 476 Sewer Construction Fund. This would reduce this fund to zero. This Fund historically has been used and is planned for resources necessary to construct interceptors and trunk mains. The East Mead work is composed of local collection lines, not normally funded by the City. 5. Sewer Revenue Bond Financing •$8,000,000 Sewer Revenue Bond. •$700,000 per year debt repayment equals required revenue generation of $1,400,000 to accommodate 2X debt service coverage ratio. •This equates to a rate increase over all City retail customers of approximately 20% or $4.10 per month increase. IV. Project Timeline (assuming financing in place) 1. Engage Professional Engineer for Design and Construction Services: 2 Months From Request For Proposals. 2. Complete Design Specifications For Bid: 12 Months. 3. Formal Bid Process: 3 Months. 4. Construction, Inspection and Service Hook-ups: 36 Months From Award. 5. Total Project Completion Time if Schedule Above Maintained: 53 Months. cscp February 8, 1996 cw EXHIBIT 2 SEWAGE COLLECTION SYSTEM CONSTRUCTION PROGRAM Simpson Lane Phase of the East Mead Project I. Simpson Lane Construction and Cost Analysis 1. Estimated Footage of 8 and 10 inch Sewer Pipe: 4,200 LF 2. Estimated Per Foot Construction Cost $130 3. Construction Cost: $546,000 4. Construction Cost Elements: •Sewer Pipe •Manholes •Service Stubs 'Street Restoration (not paving) 5. Contingency @ 10% of Construction Cost: $54,000. 6. Design and Construction inspection Services @ 20% of Construction Cost: $109,200 7. Total of Construction, Contingency and Design & Inspection Services: $709,800. 8. Side Service Connection Costs •Cost per Connection: $2,000 •Number of Housing Units: 100 •Total Connection Estimated Connection Costs: $200,000. 9. Estimated Cost per Parcel/Lot 'Total Project Cost: $909,000. •Divided by 100 HU's: $9,098. •Plus One-time Payment of CCRC @ $350 per HU: $9,448. II. Simpson Lane Phase Funding Options 1. Form LID For Entire Project •Use $1,000,000 for value of Project. • 15 Year Pay -back on Financing •Estimated Monthly Bill: In excess of $100. 2. CBDG Block Grant Area Yearly Allocation •$50,000 Per Year Would Support One-time $600,000 Project. 3. Other Grants/Loans •Current Federal Budget Not Yet Adopted. • WDOE Imminent Health Threat Grant -- $1,000,000 Request. Requires Yakima Health District and Area Political Representatives Involvement. slcsp February 8, 1996 cwd 4. Existing Unobligated Wastewater Reserves •Use of 473 Operating Reserve of $1,100,000 not Recommended. •Current 478 Facility Treatment Facility Resources Obligated for 1996 Rehabilitation Project. •472 Facility Reserve Fund Solely For Treatment Facility Purposes. •Approximately $1,000,000 Unobligated Reserve Available in 476 Sewer Construction Fund. This would reduce this fund to zero. This Fund historically has been used and is planned for resources necessary to construct interceptors and trunk mains. The Simpson Lane work is composed of local collection lines, not normally directly funded by the City outside of the new philosophy excercised in the "King Street" Project. 5. Sewer Revenue Bond Financing •$1,000,000 Sewer Revenue Bond. •$100,000 per year debt repayment equals required revenue generation of $200,000 to accommodate 2X debt service coverage ratio. •This equates to a rate increase over all City retail customers of approximately 2% or $0.41 per month increase. II. Project Timeline (assuming financing in place) 1. Engage Professional Engineer for Design and Construction Services: 2 Months From Request For Proposals. 2. Complete Design Specifications For Bid: 6 Months. 3. Formal Bid Process: 2 Months. 4. Construction, Inspection and Service Hook-ups: 14 Months From Award. 5. Total Project Completion Time if Schedule Above Maintained: 24 Months. slcsp February 8, 1996 cw Simpson N N East Mead Sewer Planning Analysis City Limits Existing Sewer Simpson Lane Proposed Lines Other Proposed Sewer Lines et 44, v,_ 4 'ion go Scale - lin = 500ft 0 250 500 Created: January 30, 1996