HomeMy WebLinkAbout07/19/2011 13 Boiler Replacement and Biogas System Improvements Agreement with Pharmer Engineering BUSINESS OF THE CITY COUNCIL
® YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4 ' 1,-3
For Meeting of July 19, 2011
ITEM TITLE: Request approval of a Resolution authorizing the City Manager to execute an
Agreement with Pharmer Engineering and the City of Yakima for Design and
Construction Services at the Wastewater Treatment Facility for Boiler
Replacement and Biogas System Improvements.
SUBMITTED BY: Chris Waarvick, Director of Public Works
Scott Schafer, Wastewater Division Manager
Dean Smith, Utility Project Manager
CONTACT PERSON/TELEPHONE: Dean Smith /575 -6077
SUMMARY EXPLANATION:
The Agreement with Pharmer Engineering will provide the design, bidding services and
construction management associated with the boiler replacement and biogas system
improvements to aged boiler reliability issues at the Wastewater Treatment Facility. The
Agreement will also provide additional bidding assistance and services during construction for
the Struvite System Project. A Professional Licensed Engineer is required by the State of
® Washington to perform these services. The Engineering Services shall not exceed $250,000.
See Exhibit "A ".
The City of Yakima Wastewater Division has decided to replace the aged biogas fired boilers
used to heat the digesters. These boilers have been rebuilt numerous times and now have an
increased reliability risk. The Wastewater Division wishes to replace one existing biogas boiler
with two boilers that will be used for biogas. The existing diesel fuel boiler will be maintained as
is until natural gas is brought on site.
(...continued on next page)
Resolution X Ordinance _ Other (Specify)
Contract X Mail to (name and address):
Phone:
Funding Source: Wastewater Facilities Project (478 Fund) Budget
APPROVED FOR SUBMITTAL: -'� City Manager
STAFF RECOMMENDATION: Staff respectfully requests City Council approve the resolution.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
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(...continued from front page.)
The replacement or addition of new boilers is subject to new air emission requirements for NOx.
This requires an upgrade to the biogas pressurization system and may require the exiting
biogas blower room to be expanded. Additional Biogas Improvements include improved
moisture removal from the gas to reduce boiler maintenance requirements and improve system
reliability.
Pharmer Engineering will provide the required Engineering assistance to design, bid and
construct the Boiler Replacement Project, Biogas System Improvements, and additional bidding
assistance and services during construction for the Struvite System Project. The terms of the
Agreement would be in an amount not to exceed $250,000. (See attached Agreement with
Exhibit "A" and "B ")
Exhibit "A" of the Agreement describes the Scope of Work in more detail.
Exhibit "B" of the Agreement describes the Schedule of Rates.
•
Paget
RESOLUTION NO. R -2011-
0
A RESOLUTION authorizing the City Manager to execute an Agreement with Pharmer
Engineering and City of Yakima for Design and Construction Services at the
Wastewater Treatment Facility for Boiler Replacement and Biogas System
Improvements.
WHEREAS, the City of Yakima owns and operates wastewater collection and treatment -
facilities in accord with applicable Federal, State and Local regulations; and
WHEREAS, mandatory planning, coordination, process analysis and implementation is required
to address regulatory requirements; and
WHEREAS, professional Wastewater .Engineering Services are required for environmental
mandates, community growth, replacement needs, and operational efficiencies; and
WHEREAS, conceptual and pre- design development, detailed design, implementation, bid
and construction related services along with other engineering assistance will be required to comply
with mandated requirements; and
WHEREAS, Pharmer Engineering to provide Design and Construction Services at the
Wastewater Treatment Facility for Boiler Replacement and Biogas System Improvements; and
WHEREAS, Pharmer Engineering will also provide Bidding Assistance and Services
during construction for the Struvite System project; and
WHEREAS, with the addition of these mandated requirements, use of budgeted funding is
® required to continue with current efforts to address these issues; and
WHEREAS, the state of Washington requires these services to be performed by a Professional
Licensed Engineer, and
WHEREAS, the City has previously completed the process of completively selecting
Professional Engineering Services for which Pharmer Engineering was selected by virtue of
qualifications in compliance with applicable State requirements for acquisition of Professional Services;
and
WHEREAS,. the City would like to have Pharmer Engineering provide additional Wastewater
Engineering Services which are related to their current activities for the City of Yakima Wastewater
Division, now therefore;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the Engineering Services Agreement with Pharmer
Engineering to provide Wastewaster Engineering Services for the Wastewater Division (not to exceed
$250,000) for Boiler Replacement, Biogas System Improvements, and Bidding Assistance and
Services during construction for the Struvite System project a copy of which Exhibit "A" of the 2011
Agreement is attached hereto and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 19 day of July, 2011.
ATTEST: Micah Cawley, Mayor '
City Clerk
0 CITY OF YAKIMA AND PHARMER ENGINEERING
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement ") is
made and entered into by and between the City of Yakima, a Washington municipal
corporation (hereinafter the "City "), and Pharmer Engineering L.L.C., a company
licensed to do business in Washington (hereinafter the "Engineer ").
WHEREAS, the City desires to retain the Engineer to provide planning,
engineering, design and construction support services for additions and modifications to
the City of Yakima Regional Wastewater Treatment Plant (YRWWTP) biogas fired hot
water boiler system, and screening equipment; and
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WHEREAS, the Engineer has the experience and expertise necessary to provide
such independent engineering services and is willing to provide the se rvices in
accordance with the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and the Engineer as
follows:
1: Scope of Services. The Engineer shall provide engineering services, referred to
as Basic Services, related to planning, design and construction oversight for
replacement of the existing boilers with new biogas boilers and upgrade the biogas
piping and blowers to support the new boilers and, to provide bidding assistance and
services during construction for the struvite system project. The scope of services is
described in more detail in Exhibit "A" attached and incorporated by this reference. The
City will direct the Engineer when to proceed with each Phase of the scope of work.
•
2. Additional Services.
a. The City and Engineer agree that not all services performed by the Engineer
can be defined in detail at the time this Agreement is executed and that Additional
Services not covered in Exhibit "A" may be needed during performance of the
Agreement. City may, at any time, by written order, direct Engineer to revise portions of
Basic Services previously completed in a satisfactory manner, delete portions of Basic
Services, suspend Basic Services, terminate Basic Services or request that Engineer
perform Additional Services , beyond the scope of Basic Services. Such changes
hereinafter shall be referred to as "Additional Services ".
b. If such Additional Services cause an increase or decrease in Engineer's cost .
of, or time required for, performance of any services under this Agreement, a contract
price and /or completion time adjustment pursuant to this Agreement may be made and
this Agreement may be modified in writing accordingly.
c. Compensation for each such request for Additional Services will be
negotiated by the City and the Engineer according to the provisions set forth in Section 3
and 4. Engineer shall not perform any Additional Services until authorized by City in
writing. Once so authorized, such Additional Services shall be considered part of Basic
Services. If mutual agreement on compensation or time adjustment cannot be
411 concluded, Engineer is required to perform the Basic and Additional Services, reserving
a right for equitable adjustment; provided, that in no event shall any amount be allowed
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Professional Services Agreement
for anticipated profit on unperformed Basic Services or Additional Services. If City and
410
Engineer cannot agree upon an equitable adjustment in the time and compensation for
• Additional Services beyond the scope of Basic Services within thirty (30) days of the
Engineer's written request for equitable adjustment, performance of such Additional
Services may be suspended by Engineer until City and Engineer mutually agree upon
the time adjustment.
3. Term. The term of this Agreement shall commence upon execution hereof and
shall terminate at the time of completion of all services /tasks required hereunder unless
terminated, sooner by either party in accordance with Section 20. The Engineer shall
provide such services as are described on executed task orders in accordance with the
time schedule set forth in Exhibit "A ". When directed by the City, the Engineer shall
proceed in a timely and diligent manner to provide all services required hereunder.
4. Consideration.
a. The City shall pay the Engineer for basic services described in Exhibit "A ", in
accordance with the payment schedule set forth in Exhibit "B ", based on the Engineer's
direct salaries plus Direct Expenses, plus applicable sales, use, value added, business
transfer, gross receipts or other similar taxes. Direct salaries are the amount of wages
or salaries paid Engineer's employees for basic services directly performed and
described in Exhibit "A ", exclusive of all payroll related taxes, payments, premiums and
benefits. Direct salaries may be increased once on an annual basis. Unless the parties
otherwise modify this Agreement, the total compensation paid to the Engineer for all
services provided under this Agreement shall not exceed Two - Hundred Fifty
Thousand dollars ($250,000).
b. Direct Expenses are those necessary costs and charges incurred for Basic
Services including, but not limited to: (1) the direct costs of transportation, meals and
lodging; (2) insurance, letters of credit, bonds, and equipment and supplies, specific to
the Basic Services and approved in advance by the City; and (3) Engineer's direct costs
for subcontracted professional services, laboratory tests, analysis, printing and
reproduction services, and CADD services.
c. Travel costs, including transportation, lodging, subsistence and incidental
expenses incurred by employees of the Engineer and each of the Sub - consultants in
connection with Basic Services, shall be subject to the following;
1) That a Maximum of U.S. INTERNAL REVENUE SERVICE allowed cents
per mile will be paid for the operation, maintenance and depreciation
costs of company or individually owned vehicles for . that portion of time
they are used for Basic Services. The Engineer, whenever possible, will
use the least expensive form of ground transportation.
2) That reimbursement for meals inclusive of tips shall not exceed a
maximum of $40 per day per person. This rate may be adjusted on a
yearly basis
3) Those accommodations shall be at a reasonably priced hotel /motel:
4) That air travel shall be by coach class, and shall be used only when
absolutely necessary.
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0 d. Telephone charges, in -house computer charges, in -house reproduction
charges, first class postage, overnight mail and shipping and FAX charges are not
reimbursable Direct Expenses, but are considered fully reimbursed as a part of Exhibit
B, Hourly Rate Schedules.
e. Professional Sub - Consultants. Professional Sub - consultants are those costs
for Engineering, management consulting, surveying, geotechnical services and similar
professional services approved in advance by the City. Reimbursement for Professional
Sub - consultants will be on the basis of 1.10 times the actual costs billed by the
Professional Sub - consultant for services provided to the City through this Agreement.
f. The Engineer shall submit to the City monthly invoices itemizing tasks
accomplished and percent completed to date. Upon receipt of said monthly invoice, the
City shall make payment to the Engineer within thirty (30) calendar days; provided,
however, that all payments are expressly conditioned upon the Engineer's performing
services that are satisfactory to the City.
g. The Engineer shall maintain adequate files and records to substantiate all
amounts itemized on the monthly invoices. in the event that either party exercises its
right to terminate this Agreement in accordance with Section 20, the Engineer shall be
compensated in accordance with the above terms for all satisfactory services provided to
the City up to the effective Agreement termination date.
5. Information Provided by the City. The Engineer shall provide guidance to the
City in determining the data required for purposes of the contemplated services. The
City agrees to use reasonable efforts to provide data and information specifically
4110 requested by the Engineer.
6. Status of Engineer. The Engineer and the City understand and expressly agree
that the Engineer is an independent contractor in the performance of each and every
part of this Agreement. No officer, employee, volunteer and /or agent of Engineer shall
act on behalf of or represent him or herself as an agent or representative of the City.
The Engineer, as an independent contractor, assumes the entire responsibility for
carrying out and accomplishing the services required under this Agreement. The
Engineer expressly represents warrants and agrees that its status as an independent
contractor in the performance of the work and services required under this Agreement is
consistent with and meets the six -part independent contractor test set forth in
RCW 51.08.195. The Engineer and its officers, employees, volunteers, agents and /or
subcontractors shall make no claim of City employment nor shall claim against the City
any related employment benefits, social security, and /or retirement benefits. Nothing
contained herein shall be interpreted as creating a relationship of servant, employee,
partnership or agency between the Engineer and the City.
7. Inspection and Audit. The Engineer shall maintain books, accounts, records,
documents and other evidence pertaining to the costs and expenses allowable and
consideration • paid under this Agreement in accordance with generally accepted
accounting practices. All such books of account and records required to be maintained
by this Agreement shall be subject to inspection and audit by representatives of the City
and /or the Washington State Auditor at all reasonable times and the Engineer shall
afford the proper facilities for such inspection and audit. Such books of account and
• records may be copied by representatives of the City and /or the Washington State
Auditor where necessary to conduct or document an audit. The Engineer shall preserve
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and make available all such books of account and records for a period of three (3) years
after final payment under this Agreement.
8. Taxes and Assessments. The Engineer shall be solely .responsible for
compensating its employees, agents, and /or subcontractors and 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, the Engineer shall pay the same before it becomes due.
9. Nondiscrimination Provision. During the performance of this Agreement,
Engineer shall not discriminate in violation of any applicable federal, state and /or local
law or regulation on the basis of age, sex, race, creed, religion, color, national origin,
marital status, disability, honorably discharged veteran or military status, pregnancy,
sexual orientation and any other classification protected under federal, state, or local
law. This provision shall include but not be limited to the following: employment,
upgrading,, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay
or other forms of compensation, selection for training and the provision of services under
this Agreement.
10. The Americans with Disabilities Act. The Engineer shall comply with the
Americans with Disabilities Act of, 1990, 42 U.S.C. § 12101 et seq. (ADA) and its
implementing regulations and Washington State's anti - discrimination law as contained in
RCW Chapter 49.60 and its implementing regulations with regard to the activities and
services provided pursuant to this Agreement. The ADA provides comprehensive civil
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rights to individuals with disabilities in the area of employment, public accommodations,
public transportation, state and local government services and telecommunications.
11. Compliance with Law. The Engineer agrees to perform those services under
and pursuant to this Agreement in full compliance with any and all applicable laws, rules,
and regulations adopted or promulgated by any governmental agency or regulatory
body, whether federal, state, local or otherwise.
12. No Conflict of Interest. The Engineer covenants that neither it nor its
employees have any interest and shall not hereafter acquire any interest, direct or
indirect, which would conflict in any manner or degree with the performance of this
Agreement. The Engineer further covenants that it will not hire anyone or any entity
having such a conflict of interest during the performance of this Agreement.
13. No Insurance. It is understood the City does not maintain liability insurance for
the Engineer and its officers, directors, employees and agents.
14. Indemnification.
a. The Engineer agrees to hold harmless and indemnify the City, its elected and
appointed officials, officers, employees, agents and volunteers from and against any
actions, claims, liability, damages, judgments, costs of defense and expenses (including
reasonable attorney's fees) if judged as damages which result from or arise out of the
negligent acts, errors or emissions of the Engineer, its officers, agents, employees or
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subcontractors in connection with or incidental to the performance or non - performance
of this Agreement.
b. The City agrees to hold harmless and indemnify the Engineer, its officers,
employees, and agents, from and against any and all suits, actions, claims, liability,
damages, judgments, costs of defense and expenses (including reasonable attorney's
fees) which result from or arise out of the negligence of the City, its officers, agents,
employees or subcontractors, in connection with or incidentalto the performance or non-
performance of this Agreement.
c. In the event that both the Engineer and the City are negligent, each party
shall be liable for its contributory share of negligence for any resulting suits, actions,
claims, liability, damages, judgments, costs and expenses (including reasonable
attorney's fees).
d. The foregoing indemnity is specifically and expressly intended to constitute a
waiver of the Engineer's immunity under Washington's Industrial Insurance Act, RCW
Title 51, as respects the other party only, and only to the extent necessary to provide the
indemnified party with a full and complete indemnity of claims made by the Engineer's
employees. The parties acknowledge that these provisions were specifically negotiated
and agreed upon by them.
e. Nothing contained in this Section or this Agreement shall be construed to
create a liability or a right of indemnification in any third party.
f. This Section of the Agreement shall survive the term or expiration of this
Agreement and shall be binding on the parties to this Agreement.
15. Insurance Provided by Engineer.
a. Professional Liability Insurance. On or before the date this Agreement is fully
executed by the parties, the Engineer shall provide the City with a certificate of
insurance as evidence of professional liability coverage with a limit of at least Two Million
Dollars ($2,000,000.00) for each wrongful act and an annual aggregate limit of at least
Two Million Dollars ($2,000,000.00). The certificate shall clearly state who the provider
is, the amount of coverage, the policy number, and when the policy and provisions
provided are in effect. The insurance shall be with an insurance company rated A -VII or
higher in Best's Guide. If the policy is on a claim made basis, the retroactive date of the
insurance policy shall be on or before the date this contract is executed by both parties
hereto, or shall provide full prior acts coverage. The insurance coverage or substantially
identical coverage sufficient to fully satisfy these requirements shall remain in effect
during the term of this Agreement and for a minimum of three (3) years following the
termination of this Agreement.
b. Commercial Liability Insurance. On or before the date this Agreement is fully
executed by the parties, the Engineer shall provide the City with a certificate of
insurance as proof of commercial liability insurance with a minimum liability limit of One
Million Dollars ($1,000,000.00) per occurrence /aggregate 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. Said
policy shall be in effect for the duration of this Agreement. The policy shall name the
City, its elected officials, officers, agents, and employees as additional insured as to this
project only and shall contain a clause that the insurer will not cancel or reduce in limits
the insurance without first giving the City thirty (30) calendar days' prior written notice.
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The insurance shall be with an insurance company or a company rated. A -VII or higher in
Best's Guide and admitted in the State of Washington. •
c. Commercial Automobile Liability Insurance: On or before the date this
Agreement is fully executed by the parties, the Engineer shall provide the City with a
certificate of insurance as proof of commercial automobile liability insurance with a
minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence /aggregate
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. Said policy shall be in effect for the duration of this
Agreement. The policy shall name the City, its elected officials, officers, agents, and
employees as additional insured as to this project only and shall contain a clause that
the insurer will not cancel or reduce in limits the insurance without first giving the City
thirty (30) calendar days' prior written notice. The insurance shall be with an insurance
company or a company rated A -VII or higher in Best's Guide and admitted in the State of
Washington.
d. Insurance Provided by Subcontractors. The Engineer shall ensure that all
subcontractors it utilizes for work/services required under this Agreement shall comply
with all of the above insurance requirements. However, professional liability will not be
required unless the subcontractor is involved in design or Engineering services.
16. Delegation of Professional Services. The services provided for herein shall be
performed by the Engineer and no person other than regular associates or employees of
the Engineer shall be engaged upon such work or services except upon written approval
of the City.
• 17. Assignment. This Agreement, or any interest herein or claim hereunder, shall
not be assigned or transferred in whole or in part by the Engineer to any other person or
entity without the prior written consent of the City. In the event that such prior written
consent to an assignment is granted, then the assignee shall assume all duties,
obligations and liabilities of the Engineer stated herein.
18. Waiver of Breach. A waiver by either party hereto of a breach by the other party
hereto of any covenant or condition of this Agreement shall not impair the right of the
party not in default to avail itself of any subsequent breach thereof. Leniency, delay or
failure of either party to insist upon strict performance of any agreement, covenant or
condition of this Agreement, or to exercise any right herein given in any one or more
instances, shall not be construed as a waiver or relinquishment of any such agreement,
covenant, condition or right.
19. Dispute Resolution. The parties shall strive to resolve all conflicts through
negotiation in good faith as the preferred approach to dispute resolution and may
consider mediation, or other form of dispute resolution, as a supplement or alternative
where mutually agreed to by the Parties in writing.
20. Termination. Either party may terminate this Agreement at any time, with or
without cause, by providing the other party with written notice of termination ten (10)
calendar days prior to the termination date.
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28. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which shall constitute one and the
same Agreement.
CITY OF YAKIMA PHARMER ENGINEERING
By: B
Michael Morales, Interim City Manager
Date: Date:
ATTEST:
Deborah Kloster, City Clerk
City Contract No.
City Resolution No.
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21. Severability. If any portion of this Agreement is changed per mutual agreement
® or any portion is held invalid, the remainder of the Agreement shall remain in full force
and effect.
22. Notices. Unless stated otherwise herein, all notices and demands shall be in
writing and sent or hand delivered to the parties to their addresses as follows:
TO City: Dean Smith, Utility Project Manager
City of Yakima, Wastewater
2220 East Viola
Yakima, WA 98901
TO Engineer: Dan Barbeau
Pharmer Engineering
1998 W. Judith Lane
Boise, Idaho 83705
or to such other addresses as the parties may hereafter designate in writing. Notices
and /or demands shall be sent by registered or certified mail, postage prepaid or hand
delivered. Such notices shall be deemed effective when mailed or hand delivered at the
addresses specified above.
23. Third Parties. The City and the Engineer are the only parties to this Agreement
and are the only parties entitled to enforce its terms. Nothing iri this Agreement gives, is
intended to give, or shall be construed to give or provide any right or benefit, whether
411 directly or indirectly or otherwise, to third persons.
24. 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.
25. Integration. This written document constitutes the entire Agreement between
the City and the Engineer. There are no other oral or written agreements between the
parties as to the subjects covered herein. No changes or additions to this Agreement
shall be valid or binding upon either party unless such change or addition be in writing
and executed by both parties.
26. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
27. Venue. The venue for any action to enforce or interpret this Agreement shall lie
in the Superior Court of Washington for Yakima County, Washington.
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0 Exhibit "A"
City of Yakima Wastewater Treatment Consulting services
Pharmer Engineering scope of work
WORK PACKAGE 1 — Boiler Replacement and Biogas System Improvements
Include preliminary design, final design, bidding -phase services and construction management
associated with wastewater treatment plant (WWTP) improvements identified in the 2004
Wastewater Facility Plan and Amendments for boiler replacement and biogas system
improvements.
Existing boilers used for biogas have been used through the reliable equipment life. They have
been rebuilt numerous times and now risks increased unreliability. The City wishes to replace one
existing biogas boiler with two boilers that will be used for biogas. The existing diesel fuel boiler
will be maintained as is until natural gas is brought on -site.
The replacement or addition of new boilers is subject to new air emission requirements. These will
likely be either 12 ppm or 20 ppm of NOx discharge. Doing so requires a relatively rigorous
upgrade to the gas pressurization system. The most stringent emission standards will require a
higher biogas pressure fed to the boilers, upwards of 6 to 8 prig at the boiler. Higher pressure
biogas blowers will have different turndown capabilities than the existing centrifugal blower that
411 can be easily throttled. Blower sizing and selection will follow air permitting. If multiple blowers
are required, the existing biogas blower room will need to be expanded.
The City has also raised the issue of moisture removal from the biogas. At lower pressures, this
would be crucial. The saturated —95 ° F biogas has caused numerous problems in gas piping. At
higher pressures, drying biogas may not be an issue.
Engineering services for Work Package 1 will span a 12 -month period, after a notice to proceed,
unless otherwise extended by the City and Pharmer.
TASK 1 — Design Development and Detailed Implementation Plan
A. Boiler Replacement and Biogas System Improvements — Provide design for new boilers and
biogas system improvements to meet current water heating needs and accommodate for any
future increases.
1. . General Intent. Assist Yakima staff with selection of anaerobic process for separating
industrial waste from existing aerobic processes. Establish the design flow, maximum flow,
and flow ranges and patterns for the unit process being designed, including as appropriate,
phased expansion. Develop process flow schematic showing process components including
sludge handling systems, pumping stations, flow meters, and points of chemical feed.
Evaluate alternative layouts and develop preliminary site plan. Develop SCADA and
computerized control systems. Develop final design documents.
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2. Specific Scope of Work •
a. Project Management and on -site meetings. Will provide contract administration,
payment review, schedule tracking. Pharmer will be the contract lead with the City and will
provide overall project management and design coordination. Pharmer will plan on up to
three on -site meetings.
b. Air Permitting. Permit a new source review to comply with new applicable boiler
emissions standards.
c. Design Memorandums Provide design development memorandum after completing air
permitting exercise. Design development memorandum will provide basis of design
and with preliminary equipment.
The predesign product will be a predesign report that documents the equipment
comparisons, brings forward the selected alternative, predesign level cost estimates and
drawings that include a process flow diagram, process mechanical plans, and predesign
level process and instrumentation diagram.
d. Equipment Pre - Purchase. Certain equipment will likely need to be pre- ordered to
facilitate schedule. Pharmer will generate pre - purchase documents for City use.
e. Detailed Design. Detailed design will Pharmer will provide and coordinate the design
process that includes the following elements: 411
• General Design Elements. General equipment schedules and a hydraulic
profile.
• Process Mechanical. Pharmer will complete the process mechanical design,
including process and utilities - related piping, pumping and storage.
• Architectural. Pharmer will provide architectural design, as necessary, through
a regular Pharmer subcontractor as necessary. An architect may be engaged if
the gas processing room size is increased.
• Structural. Pharmer will provide structural design, as necessary, through a
regular Pharmer subcontractor as necessary. A structural engineer may be
engaged if the gas processing room size is increased.
• Mechanical HVAC. No HVAC work is expected for this project element.
• Instrumentation and Control. Pharmer will complete the process level
development and Conley Engineering Inc will complete the I &C elements for
process and instrumentation diagrams. Conley will complete the remaining
elements associated with I &C design to accommodate control architecture and
philosophy at the Yakima Regional WWTP. Conley will work as a
subconsultant through Pharmer. -
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• Electrical. Conley Engineering Inc. will provide . electrical design for the
systems described in the Project Basis above, including power supply and MCC
configuration.
• Drawings and Specifications. This project is expected to delivered in a
conventional design/bid/build method and will comply with public bidding
requirements. Two to three design progress submittals are expected for
drawings. Technical specifications will be provided to support equipment and
construction requirements. Front end contract conditions are expected to use
EJCDC general conditions or a front end provided by the City.
TASK 2 - Bid Support services - Pharmer will provide services for the bid phase work. We have
assumed up to 25 hard copies of contract documents for distribution to contractors. We will
administer distribution of contract documents, hold a pre -bid meeting on -site, answer and keep
track of questions, produce addendums, attend the bid openings, review the lowest responsive bid,
and recommend to the City a construction contract award.
TASK 3 — Services During Construction. Pharmer will consult with Owner and act as Owner's
representative as provided in the Terms and Conditions. Owner's instructions to Contractor will be
issued through Pharmer, which, shall have authority to act on behalf of Owner in dealings with
Contractor to the extent provided in this Agreement and the General Conditions except as otherwise
provided in writing. Construction work is expected to be under the EJCDC standard contracts.
The construction of boiler and biogas pressurization improvements project is expected to be
411 approximately an 8 -month project from start to finish, beginning in the summer 2011.
A. Off -site non - resident services. The non - resident services will be divided into a number of
subtasks including clarifications, RFI's, review of requests for equals, design continuance, design
changes, construction management and shop drawings.
1. Organize and chair a pre- construction meeting
2. Site Visits. Up to two site visits during constructions are expected
3. Review of Payment Requests. Pharmer will provide a secondary review of Contractor
pay requests after review.
4. Requests for Information (RFIs) and Clarifications. Questions come throughout
construction project as formal RFIs as well as informal discussion. When the Owner
has a full time Resident Project Representative on site, many of those questions are
filtered and never make it to the engineering team. Pharmer will issue necessary
clarifications and interpretations of the Contract Documents as appropriate to the
orderly completion of Contractor's work. Such clarifications and interpretations will be
consistent with the intent of and reasonably inferable from the Contract Documents.
5. Requests for Equals. The process equipment for the project was selected based on
past experience in North America but did not necessarily include regional specific
issues related to equipment service and support. Pharmer will review equipment
substitution requests on a case by case basis and make a good . faith recommendation to
the Owner on what is best for the Owner.
3
6. Design Modifications and Change Orders. During the course of the construction
project, the project can be expected to undergo changes related to customizing
equipment into the facility, a shift in Owner intent, or other reasons unknown during
the detailed design process. Pharmer will complete modifications as authorized by the
Owner and provide change orders to the Contractor.
7. Shop Drawing Review. Review and approve or take other appropriate action in
respect to Shop Drawings and Samples and other data which Contractor is required to
submit, but only for conformance with the information given in the Contract
Documents and compatibility with the design concept of the completed Project as a
functioning whole as indicated by the Contract Documents. Such reviews and
approvals or other action will not extend to means, methods, techniques, sequences, or
procedures of construction or to safety precautions and programs incident thereto.
Pharmer shall meet any Contractor's submittal schedule that Engineer has accepted.
B. On - site Resident Services. The purpose of the on -site representation is to ensure the project is
being built according to the Contract Documents, provide an interface for the construction field
superintendent, and document the work.
The project may have a part-time (^'10 hours per week) resident project representative (RPR)
provided by Pharmer. The RPR will be on -site and help determine the project is built according
to the Contract Documents. The RPR will provide observation, document work progress, check
work, answer a very limited scope of field questions, route scope -of -work or substitution
•
questions to the Pharmer project manager. The RPR will be single point of contact with the
construction field staff and will communicate to the construction superintendent.
The RPR will also ensure third party testing laboratory conduct materials testing as required.
Set -up and conduct a one -day final inspection, and prepare final project deficiencies punch list.
Monitor the completion of punch -list work, and inform the City about completion status and
remaining General Contractor work prior to construction document closure. Monthly progress
reports accompanying recommendations for payment.
C. Owner and Special Inspections. International Building Code requires certain third party
special inspections depending on the work. Pharmer will coordinate quality assurance testing
(shop and filed). Provide technical specialists to witness and review specific construction
issues in the field. Provide interpretations of the contract drawings and specifications during
the construction period and evaluate requested deviations from the approved drawings and
specifications.
Pharmer has not budgeted for regular compaction and concrete testing in addition new special
inspection requirements related to 2009 IBC. Compliance with the new IBC is considerably
more rigorous than in the past so building permit official interpretation . of IBC special
inspection will have a strong influence on final special inspection costs.
D. Commissioning. Commissioning is the key part of the project that makes sure all the
individual components of the project function as planned. Commissioning includes individual
4
0 items checks and then a review of the full mechanical system. Pharmer will verify mechanical
systems. Conley will witness rotational checks, loop checks, and signal conditioning checks.
E. Programming. Conley will program PLC, completing screen development, loop tuning.
F. Startup. System startup is the act of beginning to add wastewater into the facility or otherwise,
start the equipment for regular use. Conley will be available or on -site for live system startup.
G. Operation and Maintenance Manuals. Revise existing Operations and Maintenance (O &M)
Manual for the project. The updates will be suitable for use as a general operational tool and
for introducing .operations staff to the new facilities and . equipment. It will describe the
procedures for both normal and emergency operations. The manual will rely heavily on the
existing O &M manual as well as on the use of contract drawings and vendor- supplied
equipment manuals.
H. Record Drawings. The construction Contractor will be required to maintain redline copies of
design drawings information for the project. Pharmer will use Contractor redlines and develop
record drawings based on the General Contractor's marked -ups. Pharmer will provide to the
City one set of reproducible full size (22 -inch by 34- inch), one set of half size (11 -inch by 17-
inch) record drawings, PDF drawings, and drawing files in AutoCAD.
TASK 4 — Project Management / City Coordination - Conduct activities to maintain
coordination of the work with the Owner. Meet with Owner on a regular basis to review progress
of the project. Submit monthly reports summarizing the progress of the project by task, for its
duration. The reports will be submitted along with monthly invoices. The progress reports will
document progress made toward completion of the project, and provide updated information on
budget and schedule. Perform the general administrative duties associated with the project,
including preparation of correspondence, office administration, administration of contracts with
sub - consultants, and progress monitoring.
WORK PACKAGE 2 — ADDITIONAL STRUVITE SYSTEM ENGINEERING SERVICES
DURING CONSTRUCTION
Previous scope of work items included design of the struvite production unit process. That work
included scope of work related to design, some bidding assistance and shop drawing construction
review. Per City request, this new request scope of work expansion includes additional on -site
construction inspection, electrical and instrumentation engineering review, PLC programming, as
well as electrical /instrumentation commissioning debugging.
Engineering services for Work Package 2 will span a 9 -month period, after a notice to proceed,
unless otherwise extended by the City and Pharmer.
TASK 1 — Design Development and Detailed Implementation Plan. Included in original scope
of work
5
TASK 2 - Bid Support services - Pharmer will provide services for the bid phase work. We have 411
assumed up to 25 hard copies of contract documents for distribution to contractors. We will
administer distribution of contract documents, hold a pre -bid meeting on -site, answer and keep
track of questions, produce addendums, attend the bid openings, review the lowest responsive bid,
and recommend to the City a construction contract award.
TASK 3 — Services During Construction
Pharmer will include additional labor for construction inspection as well as electrical/instrumentation
discipline assistance during construction.
A. Off -site non - resident services. This element was generally included in the original scope of
work. Pharmer had a small budget for shop drawing review and answering requests for
information. New scope of work includes Conley Engineering Inc who willl provide shop drawing
review and answer questions on electrical and instrumentation system elements. New scope also
includes a trip by the structural engineer to review the facility after completion to meet IBC
requirements.
B. On -site Resident Services. The purpose of the on -site representation is to ensure the project is
being built according to the Contract Documents, provide an interface for the construction field
superintendent, and document the work.
The project will have a part-time (-10 hours per week) resident project representative (RPR)
provided by Pharmer. The RPR will be on -site and help determine the project is built according
to the Contract Documents. The RPR will provide observation, document work progress, check
work, answer a very limited scope of field questions, route scope -of -work or substitution
questions to the Pharmer project manager. The RPR will be single point of contact with the
construction field staff and will communicate to the construction superintendent.
The RPR will also ensure third party testing laboratory conduct materials testing as required.
Set -up and conduct a one -day final inspection, and prepare final project deficiencies punch list.
Monitor the completion of punch -list work, and inform the City about completion status and
remaining General Contractor work prior to construction document closure. Monthly progress
reports accompanying recommendations for payment.
C. Owner and Special Inspections. International Building Code requires certain third party
special inspections depending on the work. Pharmer will coordinate quality assurance testing
(shop and filed). Provide technical specialists to witness and review specific construction
issues in the field. Provide interpretations of the contract drawings and specifications during
the construction period and evaluate requested deviations from the approved drawings and
specifications.
Pharmer has not budgeted for Owner Special Inspections because it is likely an element the
Owner has contracts in -place to provide.
D. Commissioning. Commissioning is the key part of the project that makes sure all the
individual components of the project function as planned. Commissioning includes individual
6
® • • i tems checks and then areview of the full mechanical system. Pharmer will verify mechanical
systems. Conley will witness rotational checks, loop checks, and signal conditioning checks.
E. Programming. Conley will program PLC, completing screen development, loop tuning.
F. Startup. Pharmer Startup services were general included in the original scope of work for a
simpler scope of work. A separate day of labor is included for additional Pharmer services. CEI's
services are added.
G. Record Drawings. This item was generally included in the original scope of work for Pharrner
portion of the project for a simpler scope of work. Additional hours have been added to
accommodate the more complex installation. Conley Engineering Inc will provide electrical
and instrumentation record drawings.
TASK 4 — Project Management / City Coordination - Conduct activities to maintain
coordination of the work with the Owner. Meet with Owner on a regular basis to review progress
of the project. Submit monthly reports summarizing the progress of the project by task, for its
duration. The reports will be submitted along with monthly invoices. The progress reports will
document progress made toward completion of the project, and provide updated information on
budget and schedule. Perform the general administrative duties associated with the project,
including preparation of correspondence, office administration, administration of contracts with
sub - consultants, and progress monitoring.
7
•
Exhibit A (Page 8)
Boiler Replacement and Biogas Pressurization •
Level of Effort Breakdown
Wastewater Treatment Consulting Services •
City of Yakima, Washington
Pharmer Engineering, LLC
•
'Work Package / Task Pharmer Engineering Subconsultants - - ,
Bob Dan Cad m
Jr. Engin. Senior I Admin 'RPR Pharmer CONLEY ENGINEERING IN CEI Total OTHER SUB ESTIMATES - Misc.
-
Phonier Barbeau Hipwell cells) Designer Labor -
HVAC / SURV/ AIR PERMIT Total Total labor ODCs and Tank Totals Comments
Project Trav
/ Arch /Slr GEOT Sub and Subs
Pdncipal Engineer 10%
3160 8150 3150 8105 0120 $65 285 3160 $125
Hours Hours Hours Hours Hours Hours Hours Hours
' 1 Boiler Replacement . l 5109,605 541,030 ' 061,030 5170,635 $7,000 0177,635
' Task 1.1 Planning and Design 1 -
Air Permlt5ng 4 4 $20,000 - $1,000
Design Development Memo 2 16 16 30 20 • 8 12 1 '
r E. uipment Pre- Purchse 4 - 2 16 30 4 20
Detailed Design 5 10 50 75 160 8 8 20 80
1.2 Bidding Assistance 4 4 8 24 8 4 8 4 8 53,000
1.30 Engineering Servicess During Constr
Ott -site services 8 20 40 8 12 52,000
On -site RPR (periodic visits by Conley only) 12 120
Special Inspections -
. Commissionong 2 12 16 4 30
Programming -
40
Startup 8 2 4 ' - 2 12 $1,000
08M Manuals _ 8 80 2 4
■
Record Drawings 2 2 10 ' 20 60 4 40 -
2 Stnrvfte System Engineering 0 24 4 8 44 0 132 $17,940 531,440 834,584 052,524 $2,000 554,524
' 2.1 Design Services -
2.2 Bidding Assistance 8 6 4 12 8 $2,000
2.3 Engineering Servicess During_Constr -
•
Assistance Durin /Bg g P dcin idding - 4 i
Conformed Drawing Development 20 • 16
Shop Drawing Review 32
RFIs
4 24
Site Visits
4 20
On -Site Inspector - 120
PLC Programming 8 40
Scads Programming 4 40
' Operator Interface Screen Development 4 30 '
Record Drawings - 4 20 8 30
Commissioning - 8
Startup Assistance • 8 2 4
Operational Review /Assistance 8 4 -
3 Project Management 0 40 0 0 20 0 07,300 $0 $7,300 $7,300
u'r:f S;fir- +ris£1,.' =n= - ,,.,�- �,. -.,, - :.:w�_ �;.r -•.:. - ., _ _ _ _
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,,r...- t" ,. �. , f 4, . , .._T .. zs . . _.tea 35. 'A :-
. .� .. r,�, "".r - a _ ., .i�".r:152�t > -' f �+ - . :,�...96 <. _ = 40D;�"t`. a34` � 574 ,'��.°o.' � ' � i '�_ � - a .. - � r.�,
.. r '4 ,: _ �. '? .:t'- .�.. -. 3r: _ . ��., ,: r»; r °� �_ ..- f� _ ,66 _92.. . `''5A4 ` Yts7 0. D F D- _: a�00- - 95 24', 220' ? 3S ti.
:,�-; _:.,?: ..�. a.,.'es��v� :•,v �,�r r��ts':, .. ..�,.�.. �- '-a-,� .. >..� ,_� n-F�t sip -,,.,, - -4 � .2A� a�3��..z.� $. :4 ,6._ s.5.� DO- asY
..- ...- .,,. _. ,.:, r�r,._ MT-1'A �'.,_._ .. , ?3�.. �- „�, -<,. i,- ...,.�y. ` .,:'�`''.- ,_,>x�. , .r+�. a,.�. � aP+-s,,, �$ r-� �,.a'�'. - .�J
_ - .. ,... . � .ri+: -a. �� -,.. z.., .- r - - ?�'�i'n.' ;1a :,. i ;- grv�r'+k: � l a. .p,,Y - , r r � n '� :: �,., f t. L^ F_. -. F V A'4' � - , a":2� - 4 4P "Ana'
•
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lii • •
•
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•
•
•
EXIBIT B
Boiler Replacement and Biogas Pressurization
•
Level of Effort Breakdown
Wastewater Treatment Consulting Services •
City of Yakima, Washington
Pharmer Engineering, LLC •
• Work Package 1 Task Pharmer Engineering Subconsultants .
Bob Dan CaO Jr. Engin. Senior Adman RPR Pharmer CONLEY ENGINEERING IN CEI Total OTHER SUB ESTIMATES ' Misc.
Pharmer Barbeau Hipwell eer(s) Designer" Labor Total Labor ODco and Comments
HVAC / SURV / AIR PERMIT Total Task Total
• • Project Travel
1 Arch /Str GEOT Subs Plus a nd Subs
Principal Engineer 10%
5160 $150 . $150 0105 5120 $65 585 5160 5125
Hours Hours Hours Hours Hours Hours Hours - Hours
1 Boiler Replacement 5109,605 $41,030 561,030 5170,635 $7,000 $177,635
Task 1.1 Planning and Design
Air Permitting 4 4 520,000 51,000
Design Development Memo 2 16 16 30 20 8 . 12
Equipment Pre- Purchse 4 2 16 30 4 20
•
Detailed Design 5 • 10 50 75 160 8 8 20 80
•
1.2 Bidding Assistance 4 4 8 24 8 4 8 4 8 53,000
1.30 Engineering Servicess During Constr
Off -site services '6 20 40
. On -site RPR (periodic visits by Conley only) 12 120 8 12 52,000 I • Special Inspections
Commissionong 2 • 12 16 4 30 • -
Programming - •
40 •
. Startup • 8 2 4 - 2 12 51,000
O&M Manuals 8 80 2 4
-
Record Drawings 2 2 10 20 60 4 40
2 Stmvite System Engineering 0 24 4 8 44 0 132 $17,940 531,440 $34,584 552,524 $2,000 554,524
2.1 Design Services '
•
2.2 Bidding Assistance 8 8 4 12 8 52,000
2.3 Engineerin Servicess Du ring Constr -
' Assistance During Pricing/Bidding 4 ,
Conformed Drawing Development 20 16 -
Shop Drawing Review 32
RI's
4 24
Site Visits •
On -Site Inspector 120 4 20 -
PLC Programming . e 40 i
Scads Programming • 4 40 - ^
Operator Interface Screen Development • 4 30 -
Record Drawings 4 20 8 30
' Commissioning 8
Startup Assistance 8 2 4 •
Operational Review /Assistance 8 4 • .
• 3 Project Management 0 40 0 0 20 0 57,300 .
- .�,��,,..ca , i .. - - - _ - " 50 37,300 E7,300
..., .;.ti. , ,. ,:r. - .c� ,.:: �..:..�..�- ,.>=,v -; - �..::r:5 ^;,�. -:,, - arm _
_J . �:'.. r te::: = � -
" NIP
,,i10 t -138 i_,fi�152:. "=,3 5 ., n-t � : • x £ -`" N .
,�v'i. �r '`� v.,- :;Y za.d6" •.1 2 • r. *i "_' *'5 ��7'!'�::0 t :�
r e 7a.' v;S ,84 .4,. - S 7 '�SDir:. 0, "r.', ,' 2 0'80D; 95'14+ -
� � ��'�. � .: •Y=1 3� �,.. � €•. �� � ;�.,+�. :�; .r:. _ 5. '$ ,�S 5230' - t �
s^"2'v� 3r ., - �& . -. '^ ...,:, �:." "^ . ;:...,; ...�i, � - _3 i _ .i"' _ At s ,6.
-. .. _ .,,..... . .., ...,_.,, '_fs;�, . °,.,..1ts..., . _ . .. - �.5: ,�. - ne. .� ,,45? �. A _ -,S A 59 ° ." -,,,r..5.1:1 u �
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sa+::.. x .. ,. ._ I�'Gy_,z ._._.,,,��.;e::��..a= �.:x.� ^..:rT.�:x b!...,. •. �s:,e;?.a;� > -,. �:i;�,�
•
EXHIBIT "B"
SCHEDULE OF RATES
FOR
Pharmer Engineering, LLC and their Sub - Consultant Conley Engineering Inc.
Invoices include all labor charges, other direct costs, and costs associated with support
services. Charges include onty those services directly attributable to the execution of the work
per Section 4 of the City of Yakima and Pharmer Engineering Professional Services Agreement.
Rates by labor category are as follows:
Pharmer Engineering, LLC
Hourly Rate Schedule
2011
Employee Classification Hourly Rate
Engineer /Specialist VI $160
Engineer /Specialist V $150
Engineer /Specialist IV $130
Engineer /Specialist III $115
Engineer /Specialist II $105
Engineer /Specialist I $ 98
Technician /IT Manager IV $120
Technician III $ 83
Technician II $ 70
Construction Inspector III $ 85
Construction Manager IV $ 98
Administrative Assistant $ 65
Conley Engineering Inc.
Hourly Rate Schedule
2011
Employee Classification Hourly Rate
Principal Engineer /City $145
Senior Professional Engineer $135
Professional Engineer $120
Registered Communications $110
Distribution Designer (RCDD)
Project Engineer $100
Cad Designer $. 90
Cad Technician $ 80
Engineering Technician $ 80
Administrative $ 55
Subcontractor costs will be invoiced at cost... Other direct costs, including materials, travel, and
subsistence will be invoiced at actual cost.
Exhibit "B" Page 1 of 1