HomeMy WebLinkAboutR-2013-082 WWTP Clarifier Performance Evaluation Agreement with Thomas E. Coleman P.E.RESOLUTION NO. R- 2013 -082
A RESOLUTION authorizing the City Manager to execute a Professional Services
Agreement with Thomas E. Coleman P E Consulting in the amount not to
exceed $48,250 for Engineering Services for performance of a Clarifier
Performance Evaluation at the City's Wastewater Treatment Plant.
WHEREAS, the City of Yakima (City) owns and operates wastewater collection and
treatment facilities in accordance with applicable Federal, State and Local regulations; and
WHEREAS, mandatory planning, coordination, and process analysis and
implementation is required to address regulatory requirements, and
WHEREAS, the Department of Ecology has required an update of the 2004 Wastewater
Facility Plan of the City's Wastewater Treatment Plant (WWTP), and
WHEREAS, to effectively evaluate current and future needs of the secondary
clarification process at the WWTP and to update its Wastewater Facility Plan, a Clarifier
Performance Evaluation shall be performed; and
WHEREAS, the Trickling Filter Clarifier will also be examined as part of the Clarifier
Performance Evaluation to determine what modifications are needed in order to possibly
convert it to a secondary clarifier; and
WHEREAS, the Clarifier Performance Evaluation will provide the City with the most cost
effective method of addressing this critical wastewater treatment process; and
WHEREAS, the state of Washington requires these services to be performed by a
Professional Engineer; and
WHEREAS, Thomas E. Coleman P E is currently under contract with the Wastewater
Division for work associated with updating the Wastewater Facility Plan and will be utilizing a
sub - consultant, CPE, Inc. to provide the technical knowledge and expertise to identify methods
to maximize the performance of the existing clarifiers at the WWTP and integrate these
measures into the updated Wastewater Facility Plan; and
WHEREAS, the City Council has determined that it is in the best interest of the City to enter
into a Professional Services Agreement with Thomas E Coleman P.E. to assist the City in the
Clarifier Performance Evaluation at the City's WWTP; now, therefore;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the Professional Services Agreement
with Thomas E. Coleman P.E. in the amount not to exceed Forty -Eight Thousand Two Hundred
Fifty Dollars ($48,250) to provide engineering services for evaluation of the secondary clarifiers at
the City's Wastewater Treatment Plant, a copy of the Agreement with which Exhibit "A," "B," and
"C" are attached hereto and by reference made a part hereof, now, therefore,
ADOPTED BY THE CITY COUNCIL this 2nd day of Jul 013.
Ac
Micah Cawley, M yor
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
THOMAS E. COLEMAN P.E CONSULTING
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this �_day of 2013, by and
between the City of Yakima, Washington, a municipal corporation with its inci pal office at 129 North
Second Street, Yakima, WA 98901, hereinafter referred to as "CITY ", and Thomas E. Coleman P E
Consulting Services with its principal office at 105 South 3rd Street, Yakima, WA 98901, hereinafter
referred to as "ENGINEER ", said company and its principal engineer are licensed and registered to do
business in the State of Washington, and will provide Clarifier Performance Evaluation Services and
recommended upgrades to be incorporated into the Facilities Plan under this Agreement for The
Secondary Clarifiers and Trickling Filter Clarifier Evaluation on behalf of the City of Yakima, Project No
't herein referred to as the "PROJECT "
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for Clarifier
Performance Evaluation and recommended upgrades to be incorporated into the Facilities Plan under this
Agreement for the Secondary Clarifiers and Trickling Filter Clarifier Evaluation, and
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with
knowledge and experience necessary to satisfactorily accomplish the work within the required time and
that it has no conflicts of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and ENGINEER agree as follows
SECTION 1 INCORPORATION OF RECITALS
1 1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.01 ENGINEER agrees to perform those services described hereafter Unless modified in
writing by both parties, duties of ENGINEER shall not be construed to exceed those
services specifically set forth herein
20.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign,
Thomas Coleman as Principal -in- Charge throughout the term of this Agreement unless
other personnel are approved by the CITY
21 Basic Services. ENGINEER agrees to perform those tasks described in Exhibit A, entitled
"Clarifier Performance Evaluation Services" (WORK) which is attached hereto and made a part of
this Agreement as if fully set forth herein
2.2 Additional Services. CITY and ENGINEER agree that not all WORK to be performed by
ENGINEER can be defined in detail at the time this Agreement is executed, and that additional
WORK related to the Project and not covered in Exhibit A may be needed during performance of
this Agreement. CITY may, at any time, by written order, direct the ENGINEER to revise portions
of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the
PROJECT, or request that the ENGINEER perform additional WORK beyond the scope of the
PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services "
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2.2 1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or
time required for, performance of any services under this Agreement, a contract price
and /or completion time adjustment pursuant to this Agreement shall be made and this
Agreement shall be modified in writing accordingly
22.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the ENGINEER according to the provisions set forth in Exhibit B, attached
hereto and incorporated herein by this reference, and if so authorized, shall be
considered part of the PROJECT WORK. The ENGINEER shall not perform any
Additional Services until so authorized by CITY and agreed to by the ENGINEER in
writing
23 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the
date of the ENGINEER's receipt of the written notification of change
SECTION 3 CITY'S RESPONSIBILITIES
31 CITY - FURNISHED DATA. The CITY will provide to the ENGINEER all technical data in the
CITY'S possession relating to the ENGINEER'S services on the PROJECT including information
on any pre- existing conditions known to the CITY that constitute hazardous waste contamination
on the PROJECT site as determined by an authorized regulatory agency
32 ACCESS TO FACILITIES AND PROPERTY The CITY will make its facilities reasonably
accessible to ENGINEER as required for ENGINEER'S performance of its services and will
provide labor and safety equipment as reasonably required by ENGINEER for such access.
33 TIMELY REVIEW- The CITY will examine the ENGINEER'S studies, reports, sketches, drawings,
specifications, proposals, and other documents, obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY
deems appropriate, and render in writing decisions required of CITY in a timely manner Such
examinations and decisions, however, shall not relieve the ENGINEER of any contractual
obligations nor of its duty to render professional services meeting the standards of care for its
profession
34 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this
Agreement. CITY'S Representative shall have complete authority to transmit instructions and
receive information ENGINEER shall be entitled to reasonably rely on such instructions made by
the CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall
be responsible for bringing to the attention of the CITY'S Representative any instructions which
the ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER'S
knowledge
35 Any documents, services, and reports provided by the CITY to the ENGINEER are available
solely as additional information to the ENGINEER and will not relieve the ENGINEER of its duties
and obligations under this Agreement or at law The ENGINEER shall be entitled to reasonably
rely upon the accuracy and the completeness of such documents, services and reports, but shall
be responsible for exercising customary professional care in using and reviewing such
documents, services, and reports and drawing conclusions there from.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
41 In signing this Agreement, CITY grants ENGINEER specific authorization to proceed with WORK
described in Exhibit A. The time for completion is defined in Exhibit A, or as amended
SECTION 5 COMPENSATION
51 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES For the services
described in Exhibit A, compensation shall be according to Exhibit C - Schedule of Specific
Hourly Rates, attached hereto and incorporated herein by this reference, on a time spent basis
plus reimbursement for direct non -salary expenses.
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51 1 DIRECT NON - SALARY EXPENSES Direct Non - Salary Expenses are those costs
incurred on or directly for the PROJECT including, but not limited to, necessary
transportation costs, including current rates for ENGINEER'S vehicles, meals and
lodging, laboratory tests and analyses, printing, binding and reproduction charges, all
costs associated with other outside nonprofessional services and facilities, special CITY -
requested and PROJECT - related insurance and performance warranty costs, and other
similar costs Reimbursement for Direct Non -Salary Expenses will be on the basis of
actual charges plus ten percent (10 %) and on the basis of current rates when furnished
by ENGINEER. Estimated Direct Non - Salary Expenses are shown in Exhibit B
51 1 1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the ENGINEER and each of the
Subconsultants in connection with PROJECT WORK, provided, as follows.
• That a maximum of U S INTERNAL REVENUE SERVICE allowed cents
per mile will be paid for the operation, maintenance, and depreciation
costs of company or individually owned vehicles for that portion of time
they are used for PROJECT WORK. ENGINEER, whenever possible,
will use the least expensive form of ground transportation
• That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person This rate may be
adjusted on a yearly basis
• That accommodation shall be at a reasonably priced hotel /motel.
• That air travel shall be by coach class, and shall be used only when
absolutely necessary.
51.2 Telephone charges, computer charges, in -house reproduction charges, first class
postage, and FAX charges are not included in the direct expense costs, but are
considered included in the Schedule of Specific Hourly Billing Rates.
513 Professional Subconsultants. Professional Subconsultants are those costs for
engineering, architecture, geotechnical services and similar professional services
approved by the CITY Reimbursement for Professional Subconsultants will be on the
basis of 1 10 times the actual costs billed by the Professional Subconsultant for services
provided to the CITY through this Agreement. Estimated Subconsultant costs are shown
in Exhibit B
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this
PROJECT shall not exceed Forty -Eight Thousand Two Hundred Fifty Dollars ($48,250) The
ENGINEER will make reasonable efforts to complete the WORK within the budget and will keep
CITY informed of progress toward that end so that the budget or WORK effort can be adjusted if
necessary The ENGINEER is not obligated to incur costs beyond the indicated budget, as may
be adjusted, nor is the CITY obligated to pay the ENGINEER beyond these limits When any
budget has been increased, the ENGINEER'S excess costs expended prior to such increase will
be allowable to the same extent as if such costs had been incurred after the approved increase,
and provided that the City was informed in writing at the time such costs were incurred
53 The ENGINEER shall submit to the City's Representative an invoice each month for payment for
PROJECT services completed through the accounting cut -off day of the previous month Such
invoices shall be for PROJECT services and WORK performed and costs incurred prior to the
date of the invoice and not covered by previously submitted invoices The ENGINEER shall
submit with each invoice a summary of time expended on the PROJECT for the current billing
period, copies of subconsultant invoices, and any other supporting materials determined by the
City necessary to substantiate the costs incurred CITY will use its best efforts to pay such
invoices within thirty (30) days of receipt and upon approval of the WORK done and amount
billed CITY will notify the ENGINEER promptly if any problems are noted with the invoice CITY
may question any item in an invoice, noting to ENGINEER the questionable item(s) and
withholding payment for such item(s) The ENGINEER may resubmit such item(s) in a
subsequent invoice together with additional supporting information required
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54 If payment is not made within sixty (60) days following receipt of approved invoices, interest on
the unpaid balance shall accrue beginning with the sixty -first (61) day at the rate of 1 0% per
month or the maximum interest rate permitted by law, whichever is less, provided, however, that
no interest shall accrue pursuant to Chapter 39 76 RCW when before the date of timely payment
a notice of dispute is issued in good faith by the CITY to the ENGINEER pursuant to the terms of
RCW 39 76 020(4)
55 Final payment of any balance due the ENGINEER for PROJECT services will be made within
forty -five (45) days after satisfactory completion of the services required by this Agreement as
evidenced by written acceptance by CITY and after such audit or verification as CITY may deem
necessary and execution and delivery by the ENGINEER of a release of all known payment
claims against CITY arising under or by virtue of this Agreement, other than such payment
claims, if any, as may be specifically exempted by the ENGINEER from the operation of the
release in stated amounts to be set forth therein
56 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY
of any claims, right, or remedy it may have against the ENGINEER under this Agreement or by
law, nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure or
fault of the ENGINEER to satisfactorily perform the PROJECT WORK as required under this
Agreement.
SECTION 6 RESPONSIBILITY OF ENGINEER
61 The ENGINEER shall be responsible for the professional quality, technical adequacy and
accuracy, timely completion, and the coordination of all plans, design, drawings, specifications,
reports, and other services furnished by the ENGINEER under this Agreement. The ENGINEER
shall, without additional compensation, correct or review any errors, omissions, or other
deficiencies in its plans, designs, drawings, specifications, reports, and other services The
ENGINEER shall perform its WORK according to generally accepted civil engineering standards
of care and consistent with achieving the PROJECT WORK within budget, on time, and in
compliance with applicable laws, regulations, and permits
6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications,
reports, and incidental WORK or services furnished hereunder shall not in any way relieve the
ENGINEER of responsibility for the technical adequacy, completeness, or accuracy of its WORK
and the PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not
be construed to operate as .a waiver of any rights under this Agreement or at law or any cause of
action arising out of the performance of this Agreement.
63 In performing WORK and services hereunder, the ENGINEER and its subcontractors,
subconsultants, employees, agents, and representatives shall be acting as independent
contractors and shall not be deemed or construed to be employees or agents of CITY in any
manner whatsoever The ENGINEER shall not hold itself out as, nor claim to be, an officer or
employee of CITY by reason hereof and will not make any claim, demand, or application to or for
any right or privilege applicable to an officer or employee of CITY The ENGINEER shall be
solely responsible for any claims for wages or compensation by ENGINEER employees, agents,
and representatives, including subconsultants and subcontractors, and shall save and hold CITY
harmless therefrom
64 INDEMNIFICATION
(a) ENGINEER agrees to defend, indemnify, and hold harmless the CITY, its elected
officials, agents, officers, employees, agents and volunteers (hereinafter "parties
protected ") from (1) claims, demands, liens, lawsuits, administrative and other
proceedings, (including reasonable costs and attorneys fees) and (2) judgments,
awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind
claimed by third parties arising out of, or related to any death, injury, damage or
destruction to any person or any property to the extent caused by any negligent act,
action, default, error or omission or willful misconduct arising out of the Engineer's
performance under this Agreement. In the event that any lien is placed upon the
City's property or any of the City's officers, employees or agents as a result of the
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negligence or willful misconduct of the Engineer, the Engineer shall at once cause
the same to be dissolved and discharged by giving bond or otherwise
(b) CITY agrees to indemnify and hold the ENGINEER harmless from loss, cost, or expense
of any kind claimed by third parties, including without limitation such loss, cost, or
expense resulting from injuries to persons or damages to property, caused solely by the
negligence or willful misconduct of the CITY, its employees, or agents in connection with
the PROJECT
(c) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person
identified above for whom each is liable) is a cause of such third party claim, the loss,
cost, or expense shall be shared between the ENGINEER and the CITY in proportion to
their relative degrees of negligence or willful misconduct and the right of indemnity will
apply for such proportion
(d) Nothing contained in this Section or this Agreement shall be construed to create a liability
or a right of indemnification in any third party
65 Ih any and all claims by an employee of the ENGINEER, any subcontractor, subconsultant,
anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may
be liable, the indemnification obligations under this Agreement shall not be limited in any way by
any limitation on the amount or types of damages, compensation, or benefits payable by or for
the ENGINEER or a subcontractor under workers' or workmens' compensation acts, disability
benefit acts, or other employee benefit acts The ENGINEER specifically and expressly waives
its immunity under the Industrial Insurance Act, Title 51, RCW Such waiver has been mutually
negotiated by the ENGINEER and the CITY
66 It is understood that any resident engineering or inspection provided by ENGINEER is for the
purpose of determining compliance with the technical provisions of PROJECT specifications and
does not constitute any form of guarantee or insurance with respect to the performance of a
contractor ENGINEER does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for compliance by contractors with
laws and regulations CITY shall use its best efforts to ensure that the construction contract
requires that the contractor(s) indemnify and name CITY, the CITY'S and the ENGINEER'S
officers, principals, employees, agents, representatives, and engineers as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability
67 SUBSURFACE INVESTIGATIONS In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observation, exploration, and
investigations have been made Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could affect total PROJECT
cost and /or execution These conditions and cost/execution effects are not the responsibility of
the ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate
standard of professional care and judgment in such investigations
SECTION 7 PROJECT SCHEDULE AND BUDGET
71 The general PROJECT schedule and the budget for both the entire PROJECT and its component
tasks shall be as set forth in this Agreement and attachments The project schedule and
performance dates for the. individual tasks shall be mutually agreed to by the CITY and the
ENGINEER within fifteen (15) days after execution of this Agreement. The performance dates
and budgets for tasks may be modified only upon written agreement of the parties hereto. The
performance date for tasks and the completion date for the entire PROJECT shall not be
extended, nor the budget increased because of any unwarranted delays attributable to the
ENGINEER, but may be extended or increased by the CITY in the event of a delay caused by
special services requested by the CITY or because of unavoidable delay caused by any
governmental action or other conditions beyond the control of the ENGINEER which could not be
reasonably anticipated
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7.2 Not later than the tenth (10) day of each calendar month during the performance of the
PROJECT, the ENGINEER shall submit to the CITY'S Representative a copy of the current
schedule and a written narrative description of the WORK accomplished by the ENGINEER and
subconsultants on each task, indicating a good faith estimate of the percentage completion
thereof on the last day of the previous month Additional oral or written reports shall be prepared
at the request of the CITY for presentation to other governmental agencies and /or to the public.
SECTION 8 REUSE OF DOCUMENTS
81 All internal WORK products of the ENGINEER are instruments or service of this PROJECT
There shall be no reuse, change, or alteration by the CITY or others acting through or on behalf
of the CITY without written permission of the ENGINEER, which shall not be unreasonably
withheld and will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its
officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses,
and costs including, but not limited to, litigation expenses and attorney's fees arising out of or
related to such unauthorized reuse, change, or alteration, provided, however, that the ENGINEER
will not be indemnified for such claims, damages, losses, and costs including, without limitation,
litigation expenses and attorney fees were caused by the ENGINEER's own negligent acts or
omissions
8.2 The ENGINEER agrees that ownership of any plans, drawings, designs, specifications, computer
programs, technical reports, operating manuals, calculations, notes, and other WORK submitted
or which are specified to be delivered under this Agreement or which are developed or produced
and paid for under this Agreement, whether or not complete, shall be vested in the CITY
83 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter
"Intellectual Property ") as well as any modifications, updates or enhancements to said Intellectual
Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER
does not grant CITY any right or license to such Intellectual Property
SECTION 9 AUDIT AND ACCESS TO RECORDS
91 The ENGINEER, including its subconsultants, shall maintain books, records, documents and
other evidence directly pertinent to performance of the WORK under this Agreement in
accordance with generally accepted accounting principles and practices consistently applied
The CITY, or the CITY'S duly authorized representative, shall have access to such books,
records, documents, and other evidence for inspection, audit, and copying for a period of three
years after completion of the PROJECT The CITY shall also have access to such books,
records, and documents during the performance of the PROJECT WORK, if deemed necessary
by the CITY, to verify the ENGINEER'S WORK and invoices
9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency
93 The ENGINEER agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the ENGINEER is afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any supporting documentation
on the pertinent portions of the draft audit report and that the final audit report will include written
comments, if any, of the ENGINEER.
94 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the Project.
95 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY
SECTION 10 INSURANCE
101 At all times during performance of the Services, ENGINEER shall secure and maintain in effect
insurance to protect the City and the ENGINEER from and against all claims, damages, losses,
and expenses arising out of or resulting from the performance of this Contract. ENGINEER shall
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provide and maintain in force insurance in limits no less than that stated below, as applicable
The City reserves the rights to require higher limits should it deem it necessary in the best interest
of the public.
101 1 Commercial General Liability Insurance. Before this Contract is fully executed by
the parties, ENGINEER shall provide the City with a certificate of insurance as proof of
commercial liability insurance and commercial umbrella liability insurance with a total
minimum liability limit of Two Million Dollars ($2,000,000 00) per occurrence combined
single limit bodily injury and property damage, and Two Million Dollars ($2,000,000 00)
general aggregate. The certificate shall clearly state who the provider is, the coverage
amount, the policy number, and when the policy and provisions provided are in effect.
Said policy shall be in effect for the duration of this Contract. The policy shall name the
City, its elected officials, officers, agents, employees, and volunteers as additional
insureds. The insured shall not cancel or change the insurance without first giving the
City thirty (30) calendar days prior written notice The insurance shall be with an
insurance company or companies rated A -VII or higher in Best's Guide and admitted in
the State of Washington
10 1 2. Commercial Automobile Liability Insurance.
a. If ENGINEER owns any vehicles, before this Contract is fully executed by the
parties, OIC shall provide the City with a certificate of insurance as proof of commercial
automobile liability insurance and commercial umbrella liability insurance with a total
minimum liability limit of Two Million Dollars ($2,000,000 00) per occurrence combined
single limit bodily injury and property damage Automobile liability will apply to "Any
Auto" and be shown on the certificate
b If ENGINEER does not own any vehicles, only "Non -owned and Hired
Automobile Liability" will be required and may be added to the commercial liability
coverage at the same limits as required in that section of this Contract, which is
Section 12.2 entitled "Commercial Liability Insurance"
C. Under either situation described above in Section 10 1 2.a. and Section 10 1.2 b ,
the required certificate of insurance shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided are
in effect. Said policy shall be in effect for the duration of this Contract. The policy shall
name the City, its elected officials, officers, agents, employees, and volunteers as
additional insureds The insured shall not cancel or change the insurance without first
giving the City thirty (30) calendar days prior written notice The insurance shall be
with an insurance company or companies rated A -VII or higher in Best's Guide and
admitted in the State of Washington
101 3 Statutory workers' compensation and employer's liability insurance as required by state
law
101 4 Professional Liability Coverage. Before this Contract is fully executed by the parties,
ENGINEER shall provide the City with a certificate of insurance as proof of professional
liability coverage with a total minimum liability limit of One Million Dollars
($1,000,000 00) per claim combined single limit bodily injury and property damage, and
Two Million Dollars ($2,000,000 00) aggregate The certificate shall clearly state who
the provider is, the coverage amount, the policy number, and when the policy and
provisions provided are in effect. Said policy shall be in effect for the duration of this
Contract. The insured shall not cancel or change the insurance without first giving the
City thirty (30) calendar days prior written notice The insurance shall be with an
insurance company or companies rated A -VII or higher in Best's Guide If the policy is
written on a claims made basis the coverage will continue in force for an additional two
years after the completion of this contract.
Failure of either or all of the additional insureds to report a claim under such insurance
shall not prejudice the rights of the CITY, its officers, employees, agents, and
representatives there under The CITY and the CITY'S elected officials, officers,
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principals, employees, representatives, and agents shall have no obligation for
payment of premiums because of being named as additional insureds under such
insurance None of the policies issued pursuant to the requirements contained herein
shall be canceled, allowed to expire, or changed in any manner that affects the rights of
the City until thirty (30) days after written notice to the CITY of such intended
cancellation, expiration or change
SECTION 11 SUBCONTRACTS
11 1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract
any portion of the WORK to be performed under this Agreement.
11.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any
substitutions thereof, will be subject to prior approval by CITY, which approval shall not be
unreasonably withheld Each subcontract shall be subject to review by the CITY'S
Representative, if requested, prior to the subconsultant or subcontractor proceeding with the
WORK. Such review shall not constitute an approval as to the legal form or content of such
subcontract. The ENGINEER shall be responsible for the architectural and engineering
performance, acts, and omissions of all persons and firms performing subcontract WORK.
11 3 CITY does not anticipate ENGINEER subcontracting with any additional persons or firms for the
purpose of completing this Agreement other than those listed in Exhibit B and C
114 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK
completed by subconsultants and subcontractors during the preceding month and copies of all
invoices thereto
SECTION 12 ASSIGNMENT
12.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto This
Agreement may not be assigned by CITY or ENGINEER without prior written consent of the
other, which consent will not be unreasonably withheld It is expressly intended and agreed that
no third party beneficiaries are created by this Agreement, and that the rights and remedies
provided herein shall inure only to the benefit of the parties to this Agreement.
SECTION 13 INTEGRATION
131 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters
contained herein No prior oral or written understanding shall be of any force or effect with
respect to those matters covered herein This Agreement may not be modified or altered except
in writing signed by both parties
SECTION 14 JURISDICTION AND VENUE
141 This Agreement shall be administered and interpreted under the laws of the State of Washington
Jurisdiction of litigation arising from this Agreement shall be in Washington State If any part of
this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and
void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force
and effect. Venue of all disputes arising under this Agreement shall be Yakima County, State of
Washington
SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION
151 During the performance of this Agreement, ENGINEER and ENGINEER's subconsultants and
subcontractors shall not discriminate in violation of any applicable federal, state and /or local law
or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any
other classification protected under federal, state, or local law This provision shall include but
not be limited to the following employment, upgrading, demotion, transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation, selection for
training, and the provision of services under this Agreement. ENGINEER agrees to comply with
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the applicable provisions of State and Federal Equal Employment Opportunity and
Nondiscrimination statutes and regulations.
SECTION 16 SUSPENSION OF WORK
161 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement
if unforeseen circumstances beyond CITY'S control are interfering with normal progress of the
WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under
this Agreement if unforeseen circumstances beyond ENGINEER's control are interfering with
normal progress of the WORK. ENGINEER may suspend WORK on PROJECT in the event
CITY does not pay invoices when due, except where otherwise provided by this Agreement. The
time for completion of the WORK shall be extended by the number of-days WORK is suspended
If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to
renegotiation, and both parties are granted the option to terminate WORK on the suspended
portion of Project in accordance with SECTION 17
SECTION 17 TERMINATION OF WORK
171 Either party may terminate this Agreement, in whole or in part, if the other party materially
breaches its obligations under this Agreement and is in default through no fault of the terminating
party However, no such termination may be effected unless the other party is given (1) not less
than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested,
of intent to terminate, and (2) an opportunity for consultation and for cure with the terminating
party before termination Notice shall be considered issued within seventy -two (72) hours of
mailing by certified mail to the place of business of either party as set forth in this Agreement.
17.2 In addition to termination under subsection 171 of this Section, CITY may terminate this
Agreement for its convenience, in whole or in part, provided the ENGINEER is given (1) not less
than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested,
of intent to terminate, and (2) an opportunity for consultation with CITY before termination
173 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price
pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated
profit on unperformed services or other WORK, and (2) any payment due to the ENGINEER at
the time of termination may be adjusted to the extent of any additional costs or damages CITY
has incurred, or is likely to incur, because of the ENGINEER'S breach In such event, CITY shall
consider the amount of WORK originally required which was satisfactorily completed to date of
termination, whether that WORK is in a form or of a type which is usable and suitable to CITY at
the date of termination and the cost to CITY of completing the WORK itself or of employing
another firm to complete it. Under no circumstances shall payments made under this provision
exceed the contract price In the event of default, the ENGINEER agrees to pay CITY for any
and all damages, costs, and expenses whether directly, indirectly, or consequentially caused by
said default. This provision shall not preclude CITY from filing claims and /or commencing
litigation to secure compensation for damages incurred beyond that covered by contract
retainage or other withheld payments
174 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience,
the adjustment pursuant to the Agreement shall include payment for services satisfactorily
performed to the date of termination, in addition to termination settlement costs the ENGINEER
reasonably incurs relating to commitments which had become firm before the termination, unless
CITY determines to assume said commitments.
175 Upon receipt of a-termination notice under subsections 17 1 or 17 2 above, the ENGINEER shall
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to CITY all originals of data, drawings, specifications, calculations,
reports, estimates, summaries, and such other information, documents, and materials as the
ENGINEER -or its subconsultants may have accumulated or prepared in performing this
Agreement, whether completed or in progress, with the ENGINEER retaining copies of the same
Page 9
176 Upon termination under any subparagraph above, CITY reserves the right to prosecute the
WORK to completion utilizing other qualified firms or individuals, provided, the ENGINEER shall
have no responsibility to prosecute further WORK thereon
177 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined
that the ENGINEER has not so failed, the termination shall be deemed to have been effected for
the convenience of CITY In such event, the adjustment pursuant to the Agreement shall be
determined as set forth in subparagraph 17 4 of this Section
178 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the
ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its
obligations to complete performance under this Agreement without the concurrence and written
approval of CITY If CITY agrees to termination of this Agreement under this provision, payment
shall be made as set forth in subparagraph 17 3 of this Section
SECTION 18 DISPUTE RESOLUTION
181 In the event that any dispute shall arise as to the interpretation of this agreement, or in the event
of a notice of default as to whether such default does constitute a breach of the contract, and if
the parties hereto cannot mutually settle such differences, then the parties shall first pursue
mediation as a means to resolve the dispute If the afore mentioned methods are either not
successful then any dispute relating to this Agreement shall be decided in the courts of Yakima
County, in accordance with the laws of Washington. If both parties consent in writing, other
available means of dispute resolution may be implemented
SECTION 19 NOTICE
191 Any notice required to be given under the terms of this Agreement shall be directed to the party at
the address set forth below Notice shall be considered issued and effective upon receipt thereof
by the addressee -party, or seventy -two (72) hours after mailing by certified mail to the place of
business set forth below, whichever is earlier
CITY City of Yakima
2220 East Viola
Yakima, WA 98901
Attn Dean Smith
ENGINEER Thomas E. Coleman P E.
105 South 3rd Street
Yakima WA 98901
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
respective authorized officers or representatives as of the day and year first above written
Printed Name . I dv-L
Title City Manager
Date -7 -�- I
Page 10
(-- '
Signature
Printed Name V%o -m a C (D,�In.c.ti�
Title VV t V, i. tn,i
Date (D1-1-11210 LZ'
Attest
City Contract No
j
Resolution No. R -2013- v �A
Page 11
STATE OF WASHINGTON )
) ss
COUNTY OF YAKIMA .' )
I certify that I know or have satisfactory evidence that is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument, and acknowledged it as the CITY MANAGER of the CITY OF
YAKIMA, to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
Page 12
STATE OF WASHINGTON )
)Ss
COUNTY OF YAKIMA )
I certify that I know or have satisfactory evidence that b" � �U(,c i�c� is the person who
appeared before me, and said person acknowledged that he /she signed this instrument, on oath stated
that he /she was authorized to xecute the instrument, and acknowledged it as the
of to be the free and voluntary act of such party
for We uses and purposes menti ned in the instrument.
Dated
Seal or Stamp
KAARRE ALLYN
Notary Public
state of Washington
My Commission Expires
April 11, 2016
(Signatur )
Title
�aa ✓'r e- A
Printed Name
My commission expires
Page 13
EXHIBIT A
SCOPE OF WORK
Provide services related clarifier performance evaluation and specific design recommendations
for clarifier improvements as identified in the Facilities Plan capital improvement plan.
Additional Services to include:
Overall clarifier performance evaluation objectives
a) Determine the general hydraulic characteristics of the activated sludge clarifier at various
flow rates.
b) Locate and quantify the major and secondary short- circuiting currents in the clarifiers
c) Determine the movement and consistency of the sludge blankets under various
loadings
d) Verify the return sludge flow rate leaving the clarifiers
e) Determine the RAS concentrations in the individual.RAS draft'fubes, (if accessible).
f) Identify any performance- limiting factors involving the entire clarifier - system:
In order to achieve these objectives, the following tasks will be performed
a) Conduct a "dye slug" test in one of the secondary clarifiers to develop the individual
clarifier's flow curve at a basic flow rate.
b) On the following day, repeat the flow curve test in the same clarifier at a more elevated
flow to the test clarifiers at a condition as close to "failure" as possible (with "failure" to be
defined by the City personnel.)
c) During each of these clarifier tests, develop full vertical solids profiles for the movement
of the solids and the sludge blankets
d) Determine the actual velocity profiles of the density currents and secondary currents in
the test clarifier under both flow conditions.
Additional services related to the clarifier performance evaluation.
a) furnish a comprehensive project report within 30 calendar days for the lump sum. This
report would include our findings as well as specific recommendations for optimizing the
activated sludge clarifier system. This report would also include a section on converting
the existing trickling filter clarifier to an activated sludge clarifier.
b) Project meetings and site visits prior to the field work is needed and requested
c) Flocculation and dispersed solids testing
The assistance of four Yakima WWTP plant operating personnel (in addition to our four people
provided by the consultant) is needed for two consecutive days.
For each of the above tests (including the clarifier flow curve tests), there will be a need for a
number of suspended solids samples to be analyzed It is recommended that Yakima WWTP
staff set up (sequential) composite samplers for the test clarifier for the test days. In addition
there will be needed about 20 samples each day (approximately 60 total) for RAS, MLSS, etc.,
and 20 samples for the flocculation tests It is recommended that one of the plant staff be
assigned to this activity. (The cost of these analyses is not included in the budget estimate for
services to be provided by the consultant (The analyses can be performed by plant staff or by
an outside laboratory.)
Page 14
Exhibit B
Professional Fees
Tasks to be completed by Clarifier Performance
Evaluations, Inc. (CPE)
Budget Cost
Clarifier Performance Evaluation Field Testing and
Comprehensive Project Report
$35,650
Additional one -day site visit by CPE, Inc. (if needed).
$3,500
Flocculation testing
$2,700
Operator Training Workshop
$1,600
Budget Sub -total for CPE
$43,450
Project Management and Administration (Thomas
E. Coleman, P.E.
$4,800
Budget Total for Project
$48,250
Page 15
EXHIBIT C
Schedule of Rates
Firm
Field Time
Office Time
Clarifier Performance Evaluations, Inc. (CPE)
$280/hr
$210/hr
Estimated Effort for CPE — See Exhibit B
Thomas E. Coleman, P.E. Consultant
$95/hr
$95/hr
Estimated Hours
3
2
Page 16
105 South 3rd Street, Ste 207
Yakima, WA 98901
June 27, 2013
Dean Smith
Utility Engineer
Wastewater Division
2220 East Viola
Yakima, WA 98901
Thomas E. Coleman, P.E.
Consulting Services
a
Reference: City of Yakima
Yakima Regional Wastewater Treatment Plant (YRWWTP)
Clarifier Performance Evaluation
Professional Services Agreement
Dear Dean:
(509) 454 -5094
FAX (509) 576 -6273
Enclosed per your request are three (3) original signed copies of the Clarifier Performance
Evaluation Professional Services Agreement.
Sincerely,
Tom Coleman, P.E.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.J
For Meeting of: 7/2/2013
ITEM TITLE: Resolution authorizing a Professional Services Agreement
with Thomas E. Coleman P.E. Consulting, in an amount not
to exceed $48,250 to provide Engineering Services for
evaluation of the secondary clarifier performance at the City's
Wastewater Treatment Plant.
SUBMITTED BY: Debbie Cook, Director of Utilities and Engineering
Scott Schafer, Wastewater Division Manager
Dean Smith, Utility Project Manager
SUMMARY EXPLANATION:
The City of Yakima (City) Wastewater Division's 2004 Wastewater Facitity Plan is currently
being updated. To effectively evaluate current and future needs of the secondary clarification
process at the Wastewater Treatment Plant (WWTP), a Clarifier Performance Evaluation is
required to be performed. This will provide the City with the most cost effective method of
addressing this critical wastewater treatment process. Also as part of the evaluation, the
Trickling Filter clarifier will be examined to determine what modifications are needed in order to
possibly convert it to a secondary clarifier.
Thomas E. Coleman P.E. currently is under contract with the Wastewater Division for work
associated with updating the Wastewater Facility Plan. Under this contract, Thomas E. Coleman
will be utilizing a sub - consultant, CPE, Inc. to provide the technical knowledge and expertise to
identify methods to maximize the performance of the existing clarifiers at the WWTP and
integrate these measures into the updated Wastewater Facility Plan. The terms of the
Agreement would be in an amount not to exceed Forty -Eight Thousand, Two Hundred Fifty
Dollars ($48,250). (See attached Agreement with Exhibit "A," "B," and "C ")
Exhibit "A" of the Agreement describes the Scope of Work in more detail.
Exhibit "B" of the Agreement describes the Professional Fees.
Exhibit "C" of the Agreement describes the Schedule of Rates.
Resolution: X
Other (Specify):
Ordinance:
Contract: X
Contract Term:
Start Date: July 2013 End Date: December 2013
Item Budgeted: Yes Amount: $48,250
Funding Source/Fiscal Impact: Wastewater Facility Project Fund 478 - Budgeted
Strategic Priority: Improve the Built Environment
Insurance Required? Yes
Mail to: Thomas E. Coleman, P.E., 105 South 3rd Street, Yakima, WA.
98901
Phone:
APPROVED FOR
SUBMITTAL: City Manager
RECOMMENDATION:
Staff respectfully requests City Council approve the Resolution authorizing the City Manager to
execute the accompanying contract.
ATTACHMENTS:
Name: Description:
0 Clarifier Performance Evaluation Resolution 2013.docx Resolution - Coleman Clarifier Evaluation
F-] Coleman-ENGINEER PS AGREEMENT-Wastewater Clarifier Eval-6-2013.doc Coleman Agreement - Clarifier Evaluation