HomeMy WebLinkAboutBell & Associates, Inc. - 2015 Solid Waste Cost of Service Rate - Re-evaluation May 18, 2015 Page l
CONTRACT AGREEMENT
BETWEEN
Bell & Associates, Inc. AND CITY OF YAKIMA
1628 NW 33r Way Solid Waste and Recycling Division
Camas, WA 98607 2301 Fruitvale Boulevard
Yakima, WA 98902
PROJECT: 2015 SOLID WASTE COST OF SERVICE RATE — RE- EVALUATION
THIS AGREEMENT combines all understandings between Parties regarding professional services for
the Project named above and supersedes all prior proposals, quotations, solicitations, negotiations,
representations, agreements or understandings, whether written or oral.
The performance of the professional services herein described and authorized by the City of
Yakima, as well as payment for such services, shall be in accordance with the terms and conditions
presented in this Agreement and the following Sections and Exhibits which are attached and incorporated
by reference which, taken together, shall constitute the whole Agreement.
Section I - Relationship of the Parties
Section II - Contract Provisions
Exhibit A - Scope of Work and Task Plan
Exhibit B - Project Budget/Fee Schedule
Exhibit C - Project Schedule t
IN WITH WHEREOF, the parties hereto hay - hereunto set their hands and seals this
day of ,/ , 20 /3 .
APPROVED: APPROVED: ,
BELL & ASSOCIATES, Inc. CITY OF YAKIMA
/�,/ �' A O
T�O' Ro rke
Princi..l City Manag-r
Date: ' --/S1—/S---- Date: 5/c9 it,.
ATTEST:
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CITY CL K - i j 1 r
aj pi5- / 'to J4, ••••• • Jr
CITY CONTRAC r NO:. 1 e IF
RESOLUTION N0: h /R \�.� ∎ ∎∎�
City of Yakima
Solid Waste and Recycling Division
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SECTION I: RELATIONSHIP OF THE PARTIES
The City of Yakima ( "Client ") desires consulting services to assist the Solid Waste Division in
evaluating its proposed rate structure In furtherance of the Project, the Client hereby contracts with Bell
& Associates, Inc. to perform the professional services described in Exhibit A of this Agreement. All
services shall be performed under the joint supervision of the Client's Representative, Loretta
Zammarchi, or a designee or designees identified in writing to Bell & Associates by the Client's
Representative.
This Agreement shall the benefit of and be binding upon successors, assigns, and legal representatives of
each of the Parties hereto. Any assignment or transfer of an interest in this Agreement by either Party
without the written consent of the other shall be void.
SECTION II: CONTRACT PROVISIONS
1. Scope of Work: Bell & Associates, Inc. shall perform the service for the Client which as defined in
Exhibit A, Scope of Work, which is attached hereto and hereby incorporated by this reference.
2. Time for Completion: The Scope of Work for the conduct of the study as set forth above is
anticipated to be completed by Bell & Associates, Inc., within a time frame approximating that shown
by the following schedule:
Notice to Proceed: On May 20, 2015
Completion of Draft Analysis: within 2 months of Notice to Proceed (NTP)
Presentations to Council: within 2 months of NTP
Completion of Project: On or before August, 31, 2015
Bell & Associates, Inc. agrees to perform the work described in the Scope of Work according to the
contract schedule. Any delays shall be agreed upon by Bell and Associates, Inc. and Client prior to the
due date. Changes in the schedule caused by Client delays may require additional compensation and a
change order.
3. Payment: Bell & Associates, Inc. will be paid by the Client on a time and materials basis as outlined
below and in accordance with the standard billing rates attached hereto as Exhibit B. Bell & Associates,
Inc. agrees to perform the services as set forth in Exhibit A at a cost not to exceed $6,045. It is
understood that Bell & Associates, Inc. will not exceed this amount without the Client's prior written
authorization.
Payment to Bell & Associates, Inc. for services set forth in Exhibit A shall be: an amount equal to Bell &
Associates, Inc.'s standard billing rates as set forth in Exhibit 13 multiplied by the actual hours worked.
Direct expenses will not be charged except as identified in Exhibit B. Payment shall be made monthly
upon receipt and approval of Bell & Associates, Inc.'s invoice.
4. Supplemental Agreements: Supplemental Agreements may be entered into upon mutual written
agreement that would increase or decrease the scope and associated costs and payment.
5. Work to be Accomplished: All work accomplished will be performed under the direction of the
Client Representative or his /her Designee.
6. Termination: This contract may be terminated by the Client by giving Bell & Associates, Inc. written
notice of such termination no fewer than fifteen (15) days in advance of the effective date of said
termination. Bell & Associates, Inc. shall be entitled to terminate this agreement only in the case of a
material breach by the Client, and upon failure of the Client to remedy said breach within fifteen (15)
days of said notice.
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7. Indemnity: Bell & Associates, Inc. shall comply with all Federal Government, State and local laws
and ordinances applicable to the work to be done under this Agreement.
Bell & Associates, Inc. hereby agrees to hold the Client harmless from and shall process and defend at its
own expense, specific claims, demands or suits at law or equity, arising from Bell & Associates, Inc.
negligent performance of the provisions of this Agreement; provided that if the Client and Bell &
Associates, Inc. are concurrently negligent, Bell & Associates, Inc. shall be required to indemnify and
defend only in proportion to negligence of Bell & Associates, Inc. These indemnity provisions shall not
require Bell & Associates, Inc. to defend or indemnify the Client against any action based solely on the
alleged negligence of the Client.
8. All Work Produced is Property of the Client: The materials, computer programs, reports,
calculations, analyses, etc., generated by Bell & Associates, Inc. under this contract including the final
report shall become the property of the Client. The Client agrees that if it uses products prepared by Bell
& Associates, Inc. for purposes other than those intended in this agree ment, it does so at its sole risk and
agrees to hold Bell & Associates harmless thereafter.
9. The Contractor shall not assign or subcontract any portion of the contracted activities without obtaining
prior written approval from the Client.
10. Integrated Agreement: This agreement together with attachments or addenda represents the entire
and integrated agreement between the Client and Bell & Associates, Inc. supersedes all prior negotiations,
representations, or agreements written or oral. This agreement may be amended by written instrument
signed by both the Client and Bell & Associates, Inc.
11. Independent Contractor: The parties intend that an independent Contractor /Client relationship will
be created by this agreement. No agent, employee, or representative of Bell & Associates, Inc. shall be
deemed to be an agent, employee, or representative of the Client for any purpose. Bell & Associates, Inc.
shall be solely responsible for all acts of its agents, employees, representatives, and subcontractors during
the performance of this contract.
12. Equal Opportunity: Bell & Associates, Inc. agrees that it shall not discriminate against any person
on the grounds of race, creed, color, religion, national origin, sex, sexual orientation, age, marital status,
political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of
the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with
Disabilities Act (42 U.S.C. 12101 et seq.) In the event the Contractor violates this provision, the County
may terminate this agreement immediately and bar the Contractor from performing any services for the
County in the future.
13. Notices: Notices to the Client shall be sent to the following address:
City of Yakima Solid Waste and Recycling Division
Attention: Loretta Zammarchi, Solid Waste Manager
2301 Fruitvale Boulevard
Yakima, WA 98902
509 576.6421
Notices to Bell & Associates shall be sent to the following address:
Bell & Associates, Inc.
Attention: Chris Bell, Principal
1628 NW 33r Way
Camas, WA 98607
360.326.8937
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EXI-IIBIT A: SCOPE OF WORK
The following Scope of Work (SOW) identifies the activities that Bell & Associates will perform for the
Proj ect:
Rate Study Scope of Work
Task 1: Modeling of Rates
Our experience with the operational and economic aspects of solid waste collection is critical to the design
of a reliable and flexible model. We can modify existing rate models and financial plans, or create new
models, to implement the rate design. Information gathered in in the previous rate study will be utilized in
the Excel based rate model with the following general structural components:
(1) Budget and capital plan information from 2014 Budget, proposed or approved capital costs, debt
service, which will be translated into:
(2) Revenue requirements, by operational area (e.g. waste collection, recycling, disposal, and general
program expenses). The revenue requirements will be allocated to:
(3) Service parameters (solid waste, recycling and yard debris collection, split by residential and
commercial). The service parameters will be derived from:
(4) Model census data such as customer counts, collection route hours, disposal tons, population
projections, and other information necessary to model rates.
(5) Rate construction, which pulls the relevant costs per service parameter to develop proposed rates
projected for the next six years.
1.1 Operating Forecast — Forecast ongoing operating & maintenance expense, debt service, and other
cash obligations of the utility over the study period. Incorporate economic assumptions, additional
O &M expense, if any, resulting from the CIP, and /or other known changes in operational
requirements.
1.2 Revenue Needs Assessment — The revenue needs assessment identifies the total rate revenue to be
collected from customers and develops alternative operating cash flows for the solid waste
division. Compare projected cash requirements against projected revenue under existing rate levels
to determine annual rate adjustments needed to satisfy projected cash obligations. The proposed
budget provides for up to three (3) alternative scenarios and rate projections for five (5) number of
years.
Task 2— Meetings & Documentation
2.1 Staff Meetings — Prepare for and participate two (2) conference calls with Division staff to collect
data and review interim findings.
2.2 Presentations — Prepare materials for and attend a work session or City Council meetings to present
study results.
2.3 Reports — Prepare a written draft report that summarizes the findings and conclusions supported by
the information and data collected and compiled during the course of the project. The model utilized
to calculate the costs will be included in electronic format. This initial draft will be prepared for
review and comment by the City management. All changes approved by City managers will be
addresses and the second draft will be submitted to City staff for review.
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2.4 Prepare a final project report. One (1) draft and one (1) final report will be submitted electronically
to the City. Based on the input from City managers, the Project Team will revise the draft report for
final submission. The report will detail the process, recommendations, and final decisions.
Exhibit B
Project Budget/Fee Schedule
Task Description Hours Labor Expenses Total
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$ .
43; Drafting and Submission of Rate Report 12 $1,680 $1,680
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_W Present Report to the City Council & 8 $1,120 $165 $1,285
City Staff (attend one meetings)
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$165;;`::::;;£
The fees for this project are based on the estimated time to complete the project. This proposed fee is a not
to exceed fee based on the outlined work program. If the projects can be completed in less than our
estimates, then Bell & Associates will bill accordingly. If we find it will take considerably more time, due
to a change in scope, we will discuss any changes with City staff and will not proceed without prior written
authorization. Fees for the project are estimated at $6,045(42 hours x $140 per hour) plus $165 in travel
expenses. City will reimburse the consultant for any out of pocket expenses including mileage and other
reasonable expenses approved by the Solid Waste Manager. Unless otherwise agreed in writing, fees will
be billed monthly at the first of each month for the preceding month and will be payable within 30 days of
the date of the invoice.
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EXHIBIT C: PROJECT SCHEDULE
Performance of the Scope of Work described in Exhibit A will begin immediately upon notice to proceed.
Major milestones are estimated as follows:
® Notice to Proceed (NTP): Expected May 20, 2015
® Review Draft Study Findings with Division Staff:
® Submit Draft Report: Within2 months of NTP Presentations to City Council: Within
months of NTP (mid -May, 2015)
® Submit Final Report: Within 2 months of NTP (June /August 2015)
AMENDMENT NO. 1 to CONTRACT AGREEMENT
By and Between
CITY OF YAKIMA
And
BELL & ASSOCIATES, INC.
(Consultation Services for City of Yakima Solid Waste Division)
THIS AMENDMENT NO. 1 amends that certain Contract Agreement entered into on May 29,
2015 by and between the parties, which Contract Agreement set forth the terms and conditions
whereby Bell & Associates, Inc. (hereafter "Consultant ") agreed to perform specified consultation
services for the City of Yakima (hereafter "City "), in support of the City's Solid Waste Division's
review and establishments of service rates.
I. RECITALS
A. City is a municipal corporation of the State of Washington with City Hall located at 129
North 2 Street, Yakima, Washington 98901. City operates the City of Yakima Solid
Waste Division.
B. Consultant is a corporation duly formed and existing under the laws of the State of
Washington with offices located at 1628 NW 33 Way, Camas, Washington 98607.
C. City and Consultant entered into a Contract Agreement (hereafter Original Agreement ")
dated May 29, 2015 whereby Consultant agreed to provide certain review and consultation
services relating to City's development of service rates for City's Solid Waste Division.
The Original Agreement, by its terms, is set to expire August 31, 2015.
D. The parties desire to enter into this Amendment No. 1 to extend the length of such
agreement to December 31, 2015 in order to allow City and Consultant to continue the
review and consultation services in order to accommodate City's continuing efforts to
develop and implement revised service rates for the City's Solid Waste Division. Such
amendment further provides that the "time and materials" billing and compensation
provisions in the Original Agreement will be extended to apply to the period of contract
extension (September 1 through December 31, 2015), and that compensation for such
period of extension shall not exceed $5,000.00.
11. AGREEMENT
WHEREFORE, in consideration of the covenants, conditions and mutual benefits herein, the
parties agree as follows:
Section 1. The "Time for Completion" of the services to be performed by Consultant under
the Original Agreement is hereby extended from September 1, 2015 through December 31, 2015.
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Section 2. The services to be provided during the extended term of the Original Agreement
shall consist of consulting with the City's Solid Waste Division, review of proposed service rates
and rate structures, development of final or amended rate study, and assistance with
presentations to the City and City Council as mutually agreed by the parties.
Section 3. Compensation for services performed by Consultant during the period of contract
term extension (September 1 through December 31, 2015) shall be in accordance with the time
and materials rates and procedures as set forth in the Original Agreement, Section 3 and Exhibits
A and B. Total compensation payable for services performed during such extended term shall
not exceed $5,000.00.
Section 4. Except as amended herein, the terms and provisions of the Original Agreement
shall remain in full force and effect.
This Amendment No. 1 s be deemed effective on the date : by the last party to sign
below.
CITY F YAKIMA BELL : ASSO AT •, INC.
By By: ir
Tony O'Rou e, City Manager C - , sr! (ipal
Date:
U/1/13 Date:
ATTEST:
Sonya Claar r ee, City Clerk 3'
CITY CONTRACTNO (971"044/1444)
RESOLUTION NO: '74
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