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HomeMy WebLinkAboutBell and Associates - Recycling Program Phase IIMarch 1, 21318 Page 1 Bell & Associates, Inc. 1628 NW 33`'d Way Camas, WA 98607 CONTRACT AGREEMENT BETWEEN AND CITY OF YAKIMA Solid Waste and Recycling Division 2301 Fruitvale Boulevard Yakima, WA 98902 PROJECT: Recycling Program Phase II THIS AGREEMENT combines all understandings between Parties regarding professional services for the Project named above and supersedes all prior proposals, quotations, solicitations, negotiations, representations, agreements or understandings, whether written or oral. The performance of the professional services herein described and authorized by the City of Yakima, as well as payment for such services, shall be in accordance with the terms and conditions presented in this Agreement and the following Sections and Exhibits which are attached and incorporated by reference which, taken together, shall constitute the whole Agreement. Section I Relationship of the Parties Section H - Contract Provisions Exhibit A Scope of Work and Task Plan Exhibit B Project Budget/Fee Schedule Exhibit C Project Schedule IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this 6 day of hyla 6,4 , 20 / APPROVED: BELL & ASSOCIATES, Inc. efla/,moo/ Principal Date: Z- CITY CONTRACT NO: tL 3 '" V RESOLUTION NO: City of Yakima Solid Waste and Recycling Division APPROVED: CITY OF YAKIMA City Manager Date: J 1 (01 ATTEST: 2 SECTION I: RELATIONSHIP OF THE PARTIES The City of Yakima ("Client") desires consulting services to assist the Solid Waste Division in continuing its efforts to explore curbside recycling options for its residential customers. The Division, with funding from the Department of Ecology, recently completed a Recycling and Processing Options study assessing the opportunities and approaches for managing the recyclable material that could be collected in a City program. The project will work with the Solid Waste staff in implementing the recommended actions proposed in the Recycling and Processing Options Study. In furtherance of the Project, the Client hereby contracts with Bell & Associates, Inc. (also referred to herein as "Contractor") to perform the professional services described in Exhibit A of this Agreement. All services shall be performed under the joint supervision of the Client's Representative, Loretta Zammarchi, or a designee or designees identified in writing to Bell & Associates by the Client's Representative. This Agreement (also sometimes referred to herein as a contract) shall benefit and be binding upon successors, assigns, and legal representatives of each of the Parties hereto. Any assignment or transfer of an interest in this Agreement by either Party without the written consent of the other shall be void. SECTION II: CONTRACT PROVISIONS 1. Scope of Work: Bell & Associates, Inc. shall perform the services for the Client which are defined in Exhibit A, Scope of Work, which is attached hereto and incorporated herein by this reference. 2. Time for Completion: The Scope of Work for the conduct of the study as set forth above is anticipated to be completed by Bell & Associates, Inc., within a time frame as follows: Notice to Proceed: Expected February, 2018 Completion of Draft Analysis: within 2 months of Notice to Proceed (NTP) Presentations to Council: within 3 months of NTP (or dependent upon council schedule) Completion of Project: On or before December 31, 2018 Bell & Associates, Inc. agrees to perform the work described in the Scope of Work according to the contract schedule. Any delays shall be agreed upon by Bell and Associates, Inc. and Client prior to the due date. Changes in the schedule caused by Client delays may require additional compensation and a change order. 3. Payment: Bell & Associates, Inc. will be paid by the Client on a time and materials basis as outlined below and in accordance with the standard billing rates attached hereto as Exhibit B. Bell & Associates, Inc. agrees to perform the services as set forth in Exhibit A at a cost not to exceed $30,000.00. It is understood that Bell & Associates, Inc. will not exceed this amount without the Client's prior written authorization. Bell & Associates, Inc. shall submit to the Client an invoice each month for payment for work completed through the accounting cut-off day of the previous month. Such invoices shall be for work performed and costs incurred prior to the date of the invoice and not covered by previously submitted invoices. Bell & Associates, Inc. shall submit with each invoice a summary of time expended on the work for the current billing period, copies of subconsultant invoices, and any other supporting materials determined by the Client necessary to substantiate the costs incurred. Client will use its best efforts to pay such invoices within thirty (30) days of receipt and upon approval of the work completed and amount billed. Client will notify Bell & Associates, Inc. promptly if any problems are noted with the invoice. Client may question any item in an invoice, noting to Bell & Associates, Inc. the questionable item(s) and withholding payment for such item(s). Bell & Associates, Inc. may resubmit such item(s) in a subsequent invoice together with additional supporting information required. 3 Payment to Bell & Associates, Inc. for services set forth in Exhibit A shall be: an amount equal to Bell & Associates, Inc.'s standard billing rates as set forth in Exhibit B multiplied by the actual hours worked. Direct expenses will not be charged except as identified in Exhibit B. Payment shall be made monthly upon receipt and approval of Bell & Associates, Inc.'s invoice. Payment for any work shall not constitute a waiver or release by Client of any claims, right, or remedy it may have against Bell & Associates, Inc. under this Agreement or by law, nor shall such payment constitute a waiver, remission, or discharge by Client of any failure or fault of Bell & Associates, Inc. to satisfactorily perform the work as required under this Agreement. 4. Supplemental Agreements: Supplemental Agreements may be entered into upon mutual written agreement to increase or decrease the scope and associated costs and payment. 5. Work to be Accomplished: All work accomplished will be performed under the direction of the Client Representative or his/her Designee. 6. Termination: This contract may be terminated by the Client by giving Bell & Associates, Inc. written notice of such termination no fewer than fifteen (15) days in advance of the effective date of said termination. Bell & Associates, Inc. shall be entitled to terminate this agreement only in the case of a material breach by the Client, and upon failure of the Client to remedy said breach within fifteen (15) days of said notice. 7. Federal, State and Local Laws: Bell & Associates, Inc. shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. 8. Indemnity: (a) Bell & Associates, Inc. agrees to defend, indemnify, and hold harmless Client, its elected and appointed officials, agents, officers, employees, and volunteers (hereinafter "parties protected") from (1) claims, demands, liens, lawsuits, administrative and other proceedings,(including reasonable costs and attorneys' fees) and (2) judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind claimed by third parties arising out of, or related to any death, injury, damage or destruction to any person or any property to the extent caused by any negligent act, , error or omission or willful misconduct arising out of the Bell & Associates, Inc.'s performance under this Agreement. (b) Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. (c) In any and all claims by an employee of Bell & Associates, Inc., any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or types of damages, compensation, or benefits payable by or for Bell & Associates, Inc. or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other employee benefit acts. Bell & Associates, Inc. specifically and expressly waives its immunity under the Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by Bell & Associates and the Client. 9. All Work Produced is Property of the Client: The materials, computer programs, reports, calculations, analyses, etc., generated by Bell & Associates, Inc. under this contract including the final report shall become the property of the Client. The Client agrees that if it uses products prepared by Bell & Associates, Inc. for purposes other than those intended in this agreement, it does so at its sole risk and agrees to hold Bell & Associates harmless thereafter. 10. Assignment: The Contractor shall not assign or subcontract any portion of the contracted activities without obtaining prior written approval from the Client. 4 11. Integrated Agreement: This agreement together with attachments or addenda represents the entire and integrated agreement between the Client and Bell & Associates, Inc. supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended by written instrument signed by both the Client and Bell & Associates, Inc. 12. Independent Contractor: The parties intend that an independent Contractor/Client relationship will be created by this agreement. No agent, employee, or representative of Bell & Associates, Inc. shall be deemed to be an agent, employee, or representative of the Client for any purpose. Bell & Associates, Inc. shall be solely responsible for all acts of its agents, employees, representatives, and subcontractors during the performance of this contract. 13. Equal Opportunity: During the performance of this Agreement, Bell & Associates, Inc. and its subconsultants and subcontractors shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, 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. Green Solutions, LLC agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. 14. Notices: Notices to the Client shall be sent to the following address: City of Yakima Solid Waste and Recycling Division Attention: Loretta Zammarchi, Solid Waste Manager 2301 Fruitvale Boulevard Yakima, WA 98902 509 576.6421 Notices to Bell & Associates shall be sent to the following address: Bell & Associates, Inc. Attention: Chris Bell, Principal 1628 NW 33rd Way Camas, WA 98607 360.210-4344 15. Records and Retention: The records relating to this Agreement shall, at all times, be subject to inspection by and with the approval of the Client, but the making of (or failure or delay in making) such inspection or approval shall not relieve Bell & Associates, Inc. of responsibility for performance of the scope of work in accordance with this Agreement, notwithstanding the Client's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. Bell & Associates, Inc. shall provide the Client sufficient, safe, and proper facilities and equipment for such inspection and free access to such facilities. Bell & Associates, Inc.'s records relating to the scope of work and this Agreement will be provided to the Client upon the Client's request. Bell & Associates, Inc. shall also promptly furnish the Client with such information and records which are related to the scope of work, or any other term, of this Agreement as may be requested by the Client. Until the expiration of six (6) years after final payment of the compensation payable under this Agreement, or for a longer period if required by law or by the Washington State Secretary of State's record retention schedule, Bell & Associates, Inc. shall retain and provide the Client access to (and the Client shall have the 5 right to examine, audit and copy) all of Bell & Associates, Inc.'s books, documents, papers and records which are related to the scope of work performed by Bell & Associates, Inc. under this Agreement. All records relating to Bell & Associates, Inc.'s scope of work, or any other term under this Agreement must be made available to the Client, and also produced to third parties, if required pursuant to the Washington Public Records Act, Chapter 42.56 RCW or by law. All records relating to Bell & Associates, Inc's scope of work, or any other term of this Agreement must be retained by Bell & Associates, Inc. for the minimum period of time required pursuant to the Washington State Secretary of State's record retention schedule. 16. Insurance: It is understood that the Client does not provide insurance coverage for Bell & Associates, Inc. for any work or activities performed under this Agreement. At all times during performance of the Services, Bell & Associates, Inc. shall secure and maintain in effect insurance to protect the Client and Bell & Associates, Inc. from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. Bell & Associates, Inc. shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The Client reserves the right to require higher limits should it deem it necessary in the best interest of the public. If Bell & Associates, Inc. carries higher coverage limits than the limits stated below, such higher limits shall be shown on the Certificate of Insurance and Endorsements and the Client shall be named as an additional insured for such higher limits. 16.1 Commercial General Liability Insurance. Before this Contract is fully executed by the parties, Bell & Associates, Inc. shall provide the Client with a certificate of insurance as proof of commercial liability insurance with a total liability limit of the limits required in the policy, subject to minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the Client, its elected officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the Client thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 16.2. Automobile Liability Insurance. (a) If Bell & Associates, Inc. owns any vehicles, before this Contract is fully executed by the parties, Bell & Associates, Inc. shall provide the Client with a certificate of insurance as proof of automobile liability insurance and personal umbrella liability insurance with a total liability limit of the limits required in the policy, subject to minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. (b) If Bell & Associates, Inc. does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may be added to the commercial liability coverage at the same limits as required in that section of this Contract, which is Section 14.1 entitled "Commercial General Liability Insurance". (c) Under either situation described above in Section 16.2.a. and Section 16.2.b., the required certificate of insurance shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the Client, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds. The 6 insured shall not cancel or change the insurance without first giving the Client thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 16.3. Statutory workers' compensation and employer's liability insurance as required by state law. Failure of either or all of the additional insureds to report a claim under such insurance shall not prejudice the rights of the Client, its officers, employees, agents, and representatives there under. The Client and the Client's elected officials, officers, principals, employees, representatives, and agents shall have no obligation for payment of premiums because of being named as additional insureds under such insurance. None of the policies issued pursuant to the requirements contained herein shall be canceled, allowed to expire, or changed in any manner that affects the rights of the Client until thirty (30) days after written notice to the Client of such intended cancellation, expiration or change. 17. Assignment and Subcontracting: This Agreement is binding on the heirs, successors and assigns of the parties hereto. This Agreement may not be assigned by Client or Bell & Associates, Inc. without prior written consent of the other. It is expressly intended and agreed that no third party beneficiaries are created by this Agreement, and that the rights and remedies provided herein shall inure only to the benefit of the parties to this Agreement. Further, this Bell & Associates shall not subcontract any portion of this Agreement without the express written consent of Client. If a subcontract is approved, all terms and conditions of this Agreement shall be included in any subcontract agreement. 18. Integration: This Agreement represents the entire understanding of Client and Bell & Associates, Inc. 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. 19. Jurisdiction and Venue: This Agreement shall be administered and interpreted under the laws of the State of Washington. Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. Venue of all disputes arising under this Agreement shall be Yakima County, State of Washington. 20. Survival: The foregoing sections of this Agreement shall survive the expiration or termination of this Agreement in accordance with their terms. EXHIBIT A: SCOPE OF WORK The following Scope of Work (SOW) identifies the activities that Bell & Associates will perform for the Project: City of Yakima Recycling and Processing Options Solid Waste Division has been tasked by Council to continue to explore curbside recycling options for its residential customers. The Division, with funding from the Department of Ecology, recently completed a Recycling and Processing Options study assessing the opportunities and approaches for managing the recyclable material that could be collected in a City program. The project will work with the Solid Waste staff in implementing the recommended actions proposed in the Recycling and Processing Options Study to move the recycling program forward in Yakima. Task 1: Service Scope Discussion of City alternatives to include the services, potential partners/service providers, City's role and responsibilities, expected program performance and agreements. Task 2: Regulatory Hierarchy Establish the overall authority over collection rights within the City limits. Task 3: Request for Proposals and/or Qualifications Task 3 is dependent on the outcomes of the first two tasks. Draft a RFP/Q that is responsive t the services desired by the City. Determine the desired services for the City and establish grading criteria. Task 4: Franchise/Service Agreement Draft Work with City Attorney and SW Manager to assist with the drafting and review of the service agreement to include scope of services and terms. Provide similar contracts with other government jurisdictions for review. Task 5: Present findings to City Council if required Prepare materials for and attend a work session or City Council meetings to present results if required. Des�r�.�ption 1 Service Scope 2 Regulatory Hierarchy 3 Request for Proposals and or Qualifications 4 Franchise/Service Agreement 5 I Present to Council (if required) Totals ours Expenses Cost 20 189 $3,029 30 189 $4,449 80 189 $11,549 30 100 $4,360 10 189 $1,609 160 $24,996 7 8 The fees for this project are based on the estimated time to complete the project. This proposed fee is a not to exceed fee based on the outlined work program. If the projects can be completed in less than our estimates, then Bell & Associates will bill accordingly. If we find it will take considerably more time, due to a change in scope, we will discuss any changes with City staff and will not proceed without prior written authorization. Fees for the project are estimated at. $25,085.00 (170 hours x $142 per hour) plus $189 in travel expense. City will reimburse the consultant for any out of pocket expenses including mileage and other reasonable expenses approved by the Solid Waste Manager. Unless otherwise agreed in writing, fees will be billed monthly at the first of each month for the preceding month and will be payable within 30 days of the date of the invoice. 9 EXHIBIT C: PROJECT SCHEDULE Performance of the Scope of Work described in Exhibit A will begin immediately upon notice to proceed. Major milestones are estimated as follows: • Notice to Proceed (NTP): Expected February 2018 • Review Draft Study Findings with Division Staff: • Submit Draft Report: Within 2 months of NTP • Presentations to City Council if required April/May 2018) • Submit Final Report: Within 3 months of NTP ( Sept/Oct 2018) dependent upon presentation schedule and final revisions. • Completion of Project: December 2018 November 191 , 2018 Page i SUPPLEMENTAL CONTRACT AGREEMENT NO. 1 BETWEEN Bell& Associates,Inc. AND CITY OF YAKIMA 1628 NW 33rd Way Solid Waste and Recycling Division Camas,WA 98607 2301 Fruitvale Boulevard Yakima, WA 98902 PROJECT: Recycling Program Phase II THIS SUPPLEMENTAL AGREEMENT No. 1 amends Section I, paragraphs 2 and 3 of the original Agreement, extending the time of performance and revising the Scope of Work(Exhibit A). The specific amendments are as follows: Section I,Paragraph 2 is amended to extend the final completion date of the Project to December 31, 2019. Section I, Paragraph 3 is amended to include a revised Scope of Work consistent with the revised Exhibit A, attached hereto and incorporated herein by this reference. Other than the specific amendments set forth above, all other terms conditions rights and obligations of the underlying CONTRACT AGREEMENT shall remain in full force and effect throughout the remaining term of this CONTRACT AGREEMENT SUPPLEMENT NO. 1. IN WITNESIS WHEREO eeh/e/Nparties hereto have hereunto set their hands and seals this 7day of MVAP I�'L , 2018. APPROVED: APPROVED: BELL& ASSOCIATES,Inc. CITY OF YAKIMA dip ,_ op -r ?ell, Principle Cliff Mo , City Manager Date: %/C-/Y Date: , 1 7A,11 S TEST: C7126i ' '' ' Solt ClaarAide, City Clerk CITY CONTRACT NO: ©/ ~D '� -up RESOLUTION NO: N / A City of Yakima Solid Waste and Recycling Division .EXHIBIT A: AMENDED SCOPE OF WORK The following Scope of Work(SOW) identifies the activities that Bell &Associates will perform for the Project: City of Yakima Recycling and Processing Options Solid Waste Division has been tasked by Council to continue to explore curbside recycling options for its residential customers. The Division, with funding from the Department of Ecology, completed a Recycling and Processing Options study assessing the opportunities and approaches for managing the recyclable material that could be collected in a City program. The project will work with the Solid Waste staff in implementing the recommended actions proposed in the Recycling and Processing Options Study to move the recycling program forward in Yakima. Shortly after the study was completed,the Chinese government took significant unilateral actions that have completely disrupted the global market for recovered materials. With the elimination of the mixed paper market and the value of cardboard significantly depressed due to the glut of recovered materials,the Division will continue to do due diligence to determine if future markets will materialize and provide an outlet for any future City program. Task 1: Service Scope Discussion of City alternatives to include the services, potential partners/service providers, City's role and responsibilities, expected program performance and agreements. Task 2: Regulatory Hierarchy Establish the overall authority over collection rights within the City limits. Task 3: Service and Cost Review Review current City services and compare to expected changes in the recycling markets and Yakima County programs to understand any operational changes necessary and to calculate the division costs and rate impacts. Task 4: Franchise/Service Agreement Draft Work with City Attorney and SW Manager to assist with the drafting and review of the service agreement to include scope of services and terms. Provide similar contracts with other government jurisdictions for review. Task 5: Present findings to City Council if required Prepare materials for and attend a work session or City Council meetings to present results if required. Task Description Hours Expenses Cost 1 Service Scope 20 189 $3,029 2 Regulatory Hierarchy 30 189 $4,449 3 Service and Cost Review 80 189 $11,549 4 Franchise/Service Agreement 30 ! 100 $4,360 5 Present to Council (if required) 10 189 $1,609 Totals 170 $24,996 The fees for this project are based on the estimated time to complete the project. This proposed fee is a not to exceed fee based on the outlined work program. If the projects can be completed in less than our estimates,then Bell &Associates will bill accordingly. If we find it will take considerably more time, due to a change in scope, we will discuss any changes with City staff and will not proceed without prior written authorization. Fees for the project are estimated at. $24,996.00 (170 hours x$142 per hour)plus $856 in travel expense. City will reimburse the consultant for any out of pocket expenses including mileage and other reasonable expenses approved by the Solid Waste Manager. Unless otherwise agreed in writing, fees will be billed monthly at the first of each month for the preceding month and will be payable within 30 days of the date of the invoice. PROJECT SCHEDULE Performance of the Scope of Work described in Exhibit A will begin immediately upon notice to proceed. Major milestones are estimated as follows: ■ Review Draft Study Findings with Division Staff: • Presentations to City Council if required (March/April/May 2019) • Submit Final Report: Within 3 months of presentation(2019) dependent upon presentation schedule and final revisions. • Completion of Project: December 2019 December 12_. , 2019 Page 1 SUPPLEMENTAL CONTRACT AGREEMENT NO.2 BETWEEN Bell& Associates,Inc. AND CITY OF YAKIMA 1628 NW 33rd Way Solid Waste and Recycling Division Camas,WA 98607 2301 Fruitvale Boulevard Yakima, WA 98902 PROJECT: Recycling Program Phase II THIS SUPPLEMENTAL AGREEMENT No.2 amends Section II, paragraphs 2 and 3 of the original Agreement, extending the time of performance and revising the Project Schedule for the Scope of Work (Exhibit A). The specific amendments are as follows: Section II,Paragraph 2 is amended to extend the final completion date of the Project to December 31, 2020 or until funds are expended Section H,Paragraph 3 is amended to include a revised Project Schedule for the Scope of Work consistent with the revised Exhibit A, attached hereto and incorporated herein by this reference. Other than the specific amendments set forth above, all other terms conditions rights and obligations of the underlying CONTRACT AGREEMENT shall remain in full force and effect throughout the remaining term of this SUPPLEMENTAL CONTRACT AGREEMENT NO.2. IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals this a- "�- day of December, 2019. APPROVED: APPROVED: BELL& SO IATES,Inc. CITY OF YAKIMA inci e lex M erhoff, Manager Date: /OA Date: lai t, ATTEST: SEALSZ6(0__ i NG1p� Sonya-C—laar-T-ee, City Clerk CITY CONTRACT NO: ►"y� City of Yakima RESOLUTION NO:. �[ Solid Waste and Recycling Division .EXHIBIT—A: AMENDED SCOPE OF WORK The following Scope of Work(SOW) identifies the activities that Bell &Associates will perform for the Project: City of Yakima Recycling and Processing Options Solid Waste Division has been tasked by Council to continue to explore curbside recycling options for its residential customers. The Division,with funding from the Department of Ecology, completed a Recycling and Processing Options study assessing the opportunities and approaches for managing the recyclable material that could be collected in a City program. The project will work with the Solid Waste staff in implementing the recommended actions proposed in the Recycling and Processing Options Study to move the recycling program forward in Yakima. Shortly after the study was completed,the Chinese government took significant unilateral actions that have completely disrupted the global market for recovered materials. With the elimination of the mixed paper market and the value of cardboard significantly depressed due to the glut of recovered materials,the Division will continue to do due diligence to determine if future markets will materialize and provide an outlet for any future City program. Task 1: Service Scope Discussion of City alternatives to include the services,potential partners/service providers, City's role and responsibilities, expected program performance and agreements. Task 2: Regulatory Hierarchy Establish the overall authority over collection rights within the City limits. Task 3: Service and Cost Review Research recycling industry conditions to include processing, material markets, and proposed changes within the state to include Extended Producer Responsibility. Review current City services and compare to expected changes in the recycling markets and Yakima County programs to understand any operational changes necessary and to calculate future division costs and rate impacts. Task 4: Franchise/Service Agreement Draft Work with City Attorney and SW Manager to assist with the drafting and review of the service agreement to include scope of services and terms. Provide similar contracts with other government jurisdictions for review. Task 5: Present findings to City Council if required Prepare materials for and attend a work session or City Council meetings to present results if required. Task Description Hours Expenses Costs 1 Service Scope 10 $1,409 2 Regulatory Hierarchy 30 $4,470 3 Research Conditions, Service and Cost Review 80 $11,920 4 Franchise/Service Agreement 30 $4,470 5 ; Present to Council (if required) 10 $1,490 Travel Expenses (2 trips) $406 $406 Totals 160 $24,246 The fees for this project are based on the estimated time to complete the project. This proposed fee is a not to exceed fee based on the outlined work program. If the projects can be completed in less than our estimates,then Bell &Associates will bill accordingly. If we find it will take considerably more time, due to a change in scope,we will discuss any changes with City staff and will not proceed without prior written authorization. Fees for the project are estimated at. $24,246(160 hours x$149 per hour)plus $406 in travel expense. City will reimburse the consultant for any out of pocket expenses including mileage and other reasonable expenses approved by the Solid Waste Manager. Unless otherwise agreed in writing, fees will be billed monthly at the first of each month for the preceding month and will be payable within 30 days of the date of the invoice. PROJECT SCHEDULE Performance of the Scope of Work described in Exhibit A will begin immediately upon notice to proceed. Major milestones are estimated as follows: • Review Draft Study Findings with Division Staff: • Presentations to City Council if required (March/April/May 2020) • Submit Final Report: Within 3 months of presentation(2020) dependent upon presentation schedule and final revisions. • Completion of Project: December 2020