HomeMy WebLinkAboutR-2005-147 Thomas E. Coleman, P.E. Agreement (re: wastewater treatment plant)RESOLUTION NO. R-2005- 147
A RESOLUTION authorizing and directing the City Manager of the
City of Yakima to execute an agreement with Thomas E. Coleman, P.E.
Consulting Engineering Services for process analysis of the Wastewater
treatment Plant, the sewer collection system, and industrial wastewater
discharges.
WHEREAS, the City requires 'engineering services for process
analysis within the Wastewater Treatment Plant (WWTP), the sewer
collection system, and process analysis of private industrial discharges to
the City of Yakima WWTP; and
WHEREAS, Thomas E. Coleman, P.E. Consulting Engineering
Services represents that it . has the expertise necessary and is willing to
perform the engineering services required by the City in accordance with
the terms and conditions of this Agreement.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed
to execute the attached "Engineering Agreement" with Thomas E.
Coleman, P.E. Consulting Engineering Services for the purpose mentioned
above, a copy of which agreement is attached hereto and by reference
made a part hereof.
ADOPTED BY THE CITY COUNCIL this 20th day of September, 2005.
ATTEST:
City Clerk
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ij
Paul P. George, 'ayor
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ENGINEERING SERVICES AGREEMENT
THIS ENGINEERING SERVICES AGREEMENT (hereinafter
"Agreement") is made and entered into by and between the City of
Yakima, a Washington municipal corporation (hereinafter the "City"), and
Thomas E. Coleman, P.E. Consulting Services (hereinafter "Engineer").
WHEREAS, the City requires engineering services for process
analysis of the Wastewater treatment Plant, the sewer collection system,
and industrial wastewater discharges to the City of Yakima WWTP; and
WHEREAS, the Engineer represents that he has the expertise
necessary and is willing to perform the engineering services required by
the City in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants,
promises, and agreements set forth herein, it is agreed by and between the
City and Engineer as follows:
1. Scope of Services. The Engineer shall provide the City with
professional engineering services associated with process analysis at the
WWTP and analysis of associated discharges from industry to the City's
collection system and WWTP. A general description of the project is
attached hereto as Exhibit "A" and incorporated herein by this reference.
The Engineer shall provide said engineering services to the City
through a series of mutually agreed task orders that shall become a part of
this Agreement. Specifically, prior to commencement of any services, the
City and the Engineer shall mutually agree upon and execute a task order
for the specified engineering services. Each task order shall describe the
following items; the services to be provided; the time of performance for
the services; the fee for the services; and any provisions additional to this
Agreement. The engineering services may include, but are not limited to,
the services listed on general project description and draft task orders
attached hereto as Exhibit A. However, execution of this Agreement does
not obligate either party to provide or accept any services; listed in Exhibit
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A until the parties have mutually agreed upon and executed a specific task
order for the services.
2. Term. The term of this Agreement shall commence upon execution
hereof and shall terminate at the time of completion of all services/tasks
required hereunder unless the Agreement is earlier terminated by either
party under Section 25 of this Agreement. The Engineer shall provide such
services as are described on executed task orders in accordance with the
time schedule set forth in Exhibit A. The Engineer shall proceed with such
services in a timely and diligent manner, but shall not be responsible for
delays caused by others beyond the Engineer's control or which could not
have been reasonably foreseen by the parties at the time the respective task
order was executed.
3. Compensation.
a. Fees for Services. For each specified task order executed by the
parties described in Exhibit A, the Engineer shall be paid for such services
on a time spent basis.
b. Maximum Fee for Services. Each executed task order shall
describe the maximum fee to which the Engineer shall be entitled to under
that task order. The maximum fee shall represent the best estimate of the
parties of the maximum cost of the Engineer's services specified in that
task order. Unless this agreement is otherwise modified by the parties, the
total compensation paid to the Engineer for all services provided under
this Agreement shall not exceed $25,000.
c. Renegotiation of Maximum Fee. The Engineer reserves the
right to renegotiate the maximum fee specified in a particular task order if
the scope of services in the task order is changed by the City, or if
conditions beyond the control of the parties shall cause the Engineer to
incur additional costs and expenses in providing the services required
under the task order. In either event, the Engineer shall promptly notify
the City in writing of the anticipated additional fees or reduction of fees.
Thereafter, and unless otherwise agreed by the parties, the Engineer shall
not proceed with the modified/changed services until the parties agree in
writing to a renegotiated maximum fee for that task order.
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d. Payment of Compensation. Engineer shall submit monthly
invoices to the City. Said invoices shall itemize all services rendered
during the preceding monthly period. The City shall make payment to the
Engineer within thirty (30) calendar days of receipt of the invoice. All
payments are expressly conditioned upon the Engineer providing services
hereunder that are satisfactory to the City.
e. Payment in the Event of Termination. In the event that either
party terminates this Agreement under Section 25, Engineer shall be
compensated in accordance with the above terms for all satisfactory
completed services provided to the City up to the effective termination
date.
f. Maintenance of Financial Records/Documents. The Engineer
shall make the cost records, accounts and related financial documents
pertaining to this Agreement available for inspection by representatives of
the City during the term of this Agreement and for a period of three (3)
years following the final payment to the Engineer by the City. In the event
that any audit or inspection identifies any discrepancy in such financial
records, the Engineer shall provide the City with appropriate clarification
and/or financial adjustments within thirty (30) calendar days of
notification of the discrepancy.
4. Standard of Performance. The Engineer shall perform all work and
services required under this Agreement in accordance with generally
accepted engineering and consulting standards, and shall be responsible
for the technical soundness and accuracy of all work and services
furnished pursuant to this Agreement.
5. Cost Estimates. The City is herewith advised that the Engineer has
no control over the cost of labor, material, equipment; subcontractors' and
suppliers' methods of producing and delivering such goods and services;
or over the methods and styles of competitive bidding or market
conditions. Accordingly, the Engineer's cost estimates are made and
furnished on the basis of the Engineer's experience and qualifications and
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represent only best judgment as an engineering firm familiar with the
construction industry. As such, the Engineer cannot and does not warrant
or guarantee the accuracy of its cost estimates, or that cost estimates will
not vary significantly from the actual project or construction costs realized
by the City.
6. Inspection and Audit. Engineer shall maintain books, accounts,
records, documents and other evidence pertaining to the costs and
expenses allowable and consideration paid under this Agreement in
accordance with generally accepted accounting practices. All such books
of account and records required to be maintained by this Agreement shall
be subject to inspection and audit by representatives of the City and/or of
the Washington State Auditor at all reasonable times, and Engineer shall
afford the proper facilities for such inspection and audit. Such books of
account and records may be copied by representatives of the City and/or
of the Washington State Auditor where necessary to conduct or document
an audit. The Surveyor shall preserve and make available all such books of
account and records for a period of three (3) years after final payment
under this Agreement.
7. Ownership of Documents. All reports, evaluations and data
prepared or obtained by the Engineer pursuant to this Agreement shall be
the property of the City upon payment being made by the City to the
Engineer in accordance with Sections 3 of this Agreement. The Engineer
shall provide the City with electronic originals and/or reproducible copies
of such documents in accordance with the respective task order, or when
requested by City representatives. The Engineer does not intend or
represent that such documents are suitable for reuse by the City or others
on extensions of this project or with regard to any other project. Any such
reuse without the written permission of the Engineer shall be at the City's
risk.
8. Information to be provided by the City. The City shall provide the
Engineer with access to all information at its disposal that is pertinent to
the site of project area, including but not limited to previous reports,
drawings, plats, surveys, utility records, and other similar data. Absent
specific written direction to the contrary, the Engineer shall be entitled to
rely upon the completion and accuracy of such documentation.
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9. Status of Engineer. Engineer and the City understand and expressly
agree that Engineer is an independent contractor in the performance of
each and every part of this Agreement. The Engineer shall have the sole
judgment of the means, mode or manner of the actual performance of
work/services required under this Agreement. The Engineer, as an
independent contractor, assumes the entire responsibility for carrying out
and accomplishing the work/services required under this Agreement.
Additionally, and as an independent contractor, the Engineer and its
employees shall make no claim of City employment nor shall claim against
the City any related employment benefits, social security, and/or
retirement.
10. Taxes and Assessments. Engineer shall be solely responsible for
compensating its employees and for paying all related taxes, deductions,
and assessments, including but not limited to, federal income tax, FICA,
social security tax, assessments for unemployment and industrial injury,
and other deductions from income which may be required by law or
assessed against either party as a result of this Agreement. In the event the
City is assessed a tax or assessment as a result of this Agreement, Engineer
shall pay the same before it becomes due.
11. Nondiscrimination Provision. During the performance of this
Agreement, Engineer shall not discriminate on the basis of race, age, color,
sex, religion, national origin, creed, marital status, political affiliation, or
the presence of any sensory, mental or physical handicap. 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.
12. The Americans with Disabilities Act. Engineer shall comply with
the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.
(ADA), and its implementing regulations, and Washington State's anti-
discrimination law as contained in RCW Chapter 49.60 and its
implementing regulations, with regard to the activities and services
provided pursuant to this Agreement. The ADA provides comprehensive
civil rights to individuals with disabilities in the area of employment,
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public accommodations, public transportation, state and local government
services, and telecommunications.
13. Compliance With Law. Engineer agrees to perform all
work/services under and pursuant to this Agreement in full compliance
with any and all applicable laws, rules, and regulations adopted or
promulgated by any governmental agency or regulatory body, whether
federal, state, local, or otherwise.
14. No Insurance. It is understood the City does not maintain liability
insurance for Engineer or its employees and subcontractors.
15. Indemnification and Hold Harmless.
a. Engineer agrees to protect, defend, indemnify, and hold
harmless the City, its elected officials, officers, employees and agents from
any and all claims, demands, losses, liens, liabilities, penalties, fines,
lawsuits, and other proceedings and all judgments, awards, costs and
expenses (including attorneys' fees and disbursements) caused by or
occurring by reason of any negligent act and/or omission of the Engineer,
its officers, employees, agents, and/or subcontractors, arising out of or in
connection with the performance of this Agreement.
b. In the event that both Engineer and the City are negligent, the
Engineer's liability for indemnification of the City shall be limited to the
contributory negligence for any resulting suits, actions, claims, liability,
damages, judgments, costs and expenses (including reasonable attorney's
fees) that can be apportioned to the Engineer, its officers, employees,
agents, and/or subcontractors.
c. Nothing contained in this Section or this Agreement shall be
construed to create a liability or a right of indemnification in any third
party.
16. Insurance provided by Engineer.
a. Commercial Liability Insurance. On or before date the this
Agreement is fully executed by the parties, the Engineer shall provide the
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City with a certificate of insurance as proof of commercial liability
insurance with a minimum liability limit of One Million Dollars
($1,000,000.00) combined single limit bodily injury and property damage.
The certificate shall clearly state who the provider is, the amount of
coverage, the policy number, and when the policy and provisions provided
are in effect (any statement in the certificate to the effect of "this certificate
is issued as a matter of information only and confers no right upon the
certificate holder" shall be deleted). Said policy shall be in effect for the
duration of this Agreement. The policy shall name the City, its elected
officials, officers, agents, and employees as additional insureds, and shall
contain a clause that the insurer will not cancel or change the insurance
without first giving the City thirty (30) calendar days prior written notice
(any language in the clause to the effect of "but failure to mail such notice
shall impose no obligation or liability of any kind upon the company" shall
becrossed out and initialed by the insurance agent). 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.
b. Commercial Automobile Liability Insurance. On or before date this
Agreement is fully executed by the parties, the Engineer shall provide the
City with a certificate of insurance as proof of commercial automobile
liability insurance with minimum liability limit of One Million Dollars
($1,000,000.00) combined single limit bodily injury and property damage.
The certificate shall clearly state who the provider is, the amount of
coverage, the policy number, and when the policy and provisions provided
are in effect (any statement in the certificate to the effect of "this certificate
is issued as a matter of information only and confers no right upon the
certificate holder" shall be deleted). Said policy shall be in effect for the
duration of this Agreement. The policy shall name the City, its elected
officials, officers, agents, and employees as additional insureds, and shall
contain a clause that the insurer will not cancel or change the insurance
without first giving the City thirty (30) calendar days prior written notice
(any language in the clause to the effect of "but failure to mail such notice
shall impose no obligation or liability of any kind upon the company" shall
be crossed out and initialed by the insurance agent). 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. If the engineer has a
personal automobile policy rather than a commercial policy, in lieu of a
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certificate, a copy of the declarations page will be. given to the city showing
evidence of coverage with minimum limits of liability of $1,000,000
combined bodily injury and property damage.
c. Professional Liability Insurance. On or before the date this
Agreement is fully executed by the parties, the Engineer shall provide the
City with a certificate of insurance as evidence of Professional Errors and
Omissions Liability Insurance with coverage of at least One Million Dollars
($1,000,000.00) per occurrence and an annual aggregate limit of at least One
Million Dollars ($1,000,000.00). The certificate shall clearly state who the
provider is, the amount of coverage, the policy number, and when the
policy and provisions provided are in effect. The insurance shall be with
an insurance company rated A -VII or higher in Best's Guide. If the policy
is on a claims made basis, the retroactive date of the insurance policy shall
be on or before September 21, 2005, or shall provide full prior acts. The
insurance coverage shall remain in effect during the term of this
Agreement and for a minimum of three (3) years following the termination
of this Agreement.
17. Delegation of Professional Services. The services provided for
herein shall be performed by Engineer, and no person other than regular
associates or employees of Engineer shall be engaged upon such work or
services except upon written approval of the City.
18. Assignment. This Agreement, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part by
Engineer to any other person or entity without the prior written consent of
the City. In the event that such prior written consent to an assignment is
granted, then the assignee shall assume all duties, obligations, and
liabilities of Engineer stated herein.
19. No Conflict of Interest. Engineer represents that it or its employees
do not have any interest and shall not hereafter acquire any interest, direct
or indirect, which would conflict in any mariner or degree with the
performance of this Agreement. Engineer further covenants that it will not
hire anyone or any entity having such a conflict of interest during the
performance of this Agreement.
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20. Severability. If any portion of this Agreement is changed per mutual
agreement or any portion is held invalid, the remainder of the Agreement
shall remain in full force and effect.
21. Third Parties. The City and the Engineer are the only parties to this
Agreement and are the only parties entitled to enforce its terms. Nothing
in this Agreement gives, is intended to give, or shall be construed to give or
provide, any right or benefit, whether directly or indirectly or otherwise, to
third persons.
22. Drafting of Agreement. Both the City and the Engineer have
participated in the drafting of this Agreement. As such, it is agreed by the
parties that the general contract rule of law that ambiguities within a
contract shall be construed against the drafter of a contract shall have no
application to any legal proceeding, arbitration and/or action in which this
Agreement and its terms and conditions are being interpreted and/or
enforced.
23. Integration. This written document constitutes the entire agreement
between the City and Engineer. There are no other oral or written
Agreements between the parties as to the subjects covered herein. No
changes or additions to this Agreement shall be valid or binding upon
either party unless such change or addition be in writing and executed by
both parties.
24. Waiver of Breach. A waiver by either party hereto of a breach of the
other party hereto of any covenant or condition of this Agreement shall not
impair the right of the party not in default to avail itself of any subsequent
breach thereof. Leniency, delay or failure of either party to insist upon
strict performance of any agreement, covenant or condition of this
Agreement, or to exercise any right herein given in any one or more
instances, shall not be construed as a waiver or relinquishment of any such
agreement, covenant, condition or right.
25. Termination. The City or Engineer may terminate this Agreement,
with or without cause, by giving the other party thirty (30) calendar days
written notice of termination.
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26. Notices. Unless stated otherwise herein, all notices and demands
shall be in writing and sent or hand delivered to the parties to their
addresses as follows:
TO CITY:
TO ENGINEER:
Max Linden
Wastewater Division
2220 East Viola
Yakima, Wa 98901
Thomas E. Coleman, P.E.
Consulting Services
105 South Third Street
Yakima, WA 98901
or to such other addresses as the parties may hereafter designate in
writing. Notices and/or demands shall be sent by registered or certified
mail, postage prepaid, or hand delivered. Such notices shall be deemed
effective when mailed or hand delivered at the addresses specified above.
27. Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington.
28. Venue. The venue for any action to enforce or interpret this
Agreement shall lie in the Superior Court of Washington for Yakima
County, Washington.
CITY OF YAKIMA THOMAS E. COLEMAN, P.E.
CONSULTING SERVICES
By: ,
R. A. Zais, jr.,
City Manager
DATE:
Page 10 of 8
By:
homas E. Coleman, P.E.,
Principal
DATE: ! I .,r 24/ Zdso S
ATTEST:
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Karen Roberts, City Clerk
City Contract No. oiVA6--9Z-/
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Page 11 of 8
Exhibit "A"
CITY OF YAKIMA HYDROGEN SULFIDE STUDY
SCOPE OF WORK
Task Order No. 1
A. Review historical data for flow and loading variations pertaining to the observed
increases in hydrogen sulfide in the trickling filter scrubber system inlet air flow
stream due to the seasonal operation of Del Monte's fruit processing plant.
B. Prepare a sampling plan designed to identify the source of the increased hydrogen
sulfide concentrations that have been observed m the trickling filter scrubber
system filet airflow stream during periods in which the Del Monte fruit processing
The sampling plan shall include the parameters to be sampled,
sample location and frequency.
C. Provide assistance, as necessary, to set up a sampling program. This work shall
include recommendations and assistance with implementation of a data acquisition
system to continuously monitor and record ORP, pH and temperature.
D. Provide assistance during the intensive 24-hour sampling periods, if required.
E. Accompany City staff on a site visit to the Del Monte processingplant to review
plant. o erations for factors that may be contributing to the hyrogen sulfide issues
at the Yakima WWTP.
F. Analyze the initial data set and prepare a summary memo detailing the preliminary
findings. Meet with City staff to discuss the preliminary findings and provide
recommendations for additional sampling, if required.
G. Prepare a letter report documenting the findings of the Task Order No. 1 study.
This report shall include recommendations for any future work, as well as, a
discussion of the impact of the findings on the affected processes within the
WWTP.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. .1' 1 e•-•
ForMeeting Of 9/20/05
ITEM TITLE: Consideration of a resolution authorizing the City Manager to execute an
agreement with Thomas E. Coleman, P.E. Engineering Consulting Services
for process analysis of the Wastewater treatment Plant, the sewer collection
system, and industrial wastewater discharges.
SUBMITTED BY: Max Linden, Wastewater Utility Engineer
CONTACT PERSON/TET EPHONE: Max Linden, Wastewater Utility Engineer
(509) 249-6814
SUMMARY EXPLANATION:
Staff respectfully requests City Council consideration of a resolution to execute an agreement
with Thomas E. Coleman, P.E. Engineering Consulting Services for process analysis of the
Wastewater Treatment Plant (WWTP), collection system and industrial wastewater
discharges. Services not to exceed $25,000.
Resolution X Ordinance _ Contract — Other (Specify)
Funding Source: 478 Wastewater Treatment lant ' • • rovements 'ro'ect # 2055 Bud eted
APPROVED FOR SUBMITTAL:
STAFF RECOMMENDATION:
Adopt the resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
City Manager
Resolution adopted. RESOLUTION NO. R-2005-147
Exhibit "A"
Amendment #1
CITY OF YAKIMA
OUTFALL RELOCATION ALTERNATIVE EVALUATION SCOPING
and
NUTRIENT TMDL SUPPORT AND PROCESS ANALYSIS
Task Order No. 2 Outfall Relocation Altemative Evaluation Scoping
A. Review existing reports and data related outfall and mixing zone issues.
B. Coordinate with WWTP staff aidstakeholderagencies to define technical and
environmental issues which need to be addressed in an Outfall Relocation Engineering
Report
C. Work with WWTP staff and the Department of Ecology to define a preliminary soil
sampling plan for the City -owned property adjacent to the WWTP site.
D. Provide assistance, as necessary, to set up and implement a soil sampling program.
E. Provide assistance during sampling periods, if required.
F. Prepare a draft scope of work for the Outfall Relocation Engineering Report for review by
City staff, the Department of Ecology, and other stakeholderagencies with jurisdiction
and expertise.
G. Prepare a cost estimate for the Outfall Relocation Engineering Report.
H. Assist in preparation of grant applications and finding additional funding and/or technical
assistance for the Outfall Relocation Engineering Report
Task Order # 3 Nutrient TMDL Support and Process Analysis
A. Process analyses and evaluation aimed at identifying cost effective near term WWTP
modifications which will be recognized by the Department of Ecology as pre -
implementation of nutrient standards for phosphorous and nitrogen including feasibility
assessment for achieving biological phosphorous removal in the existing aeration basins
through the addition of mixers and other piping modifications.
B. Assist WWTP staff with modeling of proposed process modifications and operational
strategies.
C. Assist WWTP staff with development of design criteria and cost estimates for the
implementation of a struvite recovery system for digested sludge centrate including
assessment the operational experience at one or more existing full-scale struvite
recovery system installations.
Exhibit "A"
Amendment #1 (continued)
D. Assist WWTP staff with ongoing efforts to coordinate local stakeholder interests in
anticipation of the upcoming TMDL process which has been schedule for the Lower
Yakima River by the Department of Ecology.
E. Prepare _technical memoranda and reports as necessary to document the findings and
recommendations of process analyses related to biological phosphorous removal
modifications`and struvite recovery.