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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 Page 1 of 8 ij Paul P. George, 'ayor C=/f7 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 Page 1 of 8 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. Page 2 of 8 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 Page 3 of 8 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. Page 4 of 8 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, Page 5 of 8 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 Page 6 of 8 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 Page 7 of 8 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. Page 8 of 8 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. Page 9 of 8 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: 1 -kix,,,..\`\\ Ivi.'.1 4,--'''", 1:, ( Karen Roberts, City Clerk City Contract No. oiVA6--9Z-/ Wesoiethao , /4(- ,Ranc- 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.