HomeMy WebLinkAboutR-2022-092 Resolution authorizing an agreement with Gray & Osborne, Inc. to provide engineering services for Project WP2631 Primary RehabilitationRESOLUTION NO. R-2022-092
A RESOLUTION authorizing an agreement with Gray & Osborne, Inc. to provide engineering
services for City of Yakima Project WP2631 Primary Clarifier Rehabilitation
WHEREAS, the City of Yakima owns and maintains the Yakima Regional Wastewater
Treatment Facility in accordance with applicable Federal, State and Local regulations; and
WHEREAS, the mechanical drives of two of the treatment facility's four primary clarifiers
require replacement and the interior clarifier surfaces require refinishing to maintain reliable and
effective primary wastewater treatment; and
WHEREAS, the City of Yakima Wastewater Division requires engineering services for the
design, bidding, and construction of the primary clarifier rehabilitation; and
WHEREAS, the Wastewater Division has complied with the provisions of RCW 39.80 which
concerns the procurement of engineering and architectural services by a city; and
WHEREAS, under Request for Qualifications #12220Q on May 13, 2022 the City held
interviews with three engineering firms listed on the Municipal Research Services Center (MRSC) of
Washington roster as having the experience and expertise necessary to perform the engineering
services; and
WHEREAS, as a result of these interviews, the City selected Gray & Osborne, Inc. as the
most qualified engineering firm to perform the required work; and
WHEREAS, the City Council has determined that it is in the best interest of the City of
Yakima, and its residents, to approve the agreement with Gray & Osborne, Inc. to perform the
required engineering services; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the Agreement between the City of
Yakima and Gray & Osborne, Inc., in an amount not to exceed One Hundred Seventy Thousand
Nine Hundred and Seventy -Nine Dollars ($170,979) to provide engineering services for Project No.
WP2631 Primary Clarifier Rehabilitation; a copy of the Agreement with EXHIBIT "A" SCOPE OF
WORK PROFESSIONAL SERVICES, EXHIBIT "B" ENGINEERING SERVICES SCOPE AND
ESTIMATED COST, and EXHIBIT "C" SCHEDULE OF RATES, YEARS 2022-2023 is attached
hereto and by this reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 1th day of August, 202
ATTEST:
Soya Claar Tee, City Cle
L__Soneya Lund, Assistant Mayor
For City of Yakima Use Only:
Contract No 7
Project No. } i
Resolution No.L?-anaa-C- J.
SOQ No
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
Gray & Osborne, Inc.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of i, C ' , 2022, by and
between the City of Yakima, Washington, a municipal corporation with its prin pal office at 129 North
Second Street, Yakima, WA 98901, (hereinafter referred to as "CITY"), and Gray & Osborne, Inc. with its
principal office at 180 Iron Horse Court, Yakima, WA 98901, (hereinafter referred to as "ENGINEER");
said corporation being licensed and registered to do business in the State of Washington, and will provide
Engineering, Administrative, and Inspection services under this Agreement for WWTF- Primary Clarifier
Rehabilitation project on behalf of the City of Yakima, Project No. WP2631, herein referred to as the
"PROJECT."
WITNESSED:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and
construction of the PROJECT, as described in this Agreement and subsequent Amendments thereto; 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
2.0.1 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.
2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign,
Nancy J. Wetch as Principal -in -Charge throughout the term of this Agreement unless
other personnel are approved by the CITY.
2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled
"SCOPE OF WORK" (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 and accepted by the parties hereto.
2.2.2 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 C, 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.
2.3 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
3.1 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.
3.2 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.
3.3 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
applicable to its profession.
3.4 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.
3.5 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
professional 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 from them.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4.1 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
5.1 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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5.1.1 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 a reasonable markup, not to exceed ten percent (10%), and on the
basis of current rates when furnished by ENGINEER. Estimated Direct Non -Salary
Expenses are shown in Exhibit B.
5.1.1.1 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.
5.1.2 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.
5.1.3 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 actual costs billed plus a reasonable markup, not to exceed ten percent (10%)
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 One Hundred Seventy Thousand Nine Hundred Seventy Nine Dollars
($170,979.00). The ENGINEER shall make all 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 found 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.
5.3 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 and details
determined necessary by the City 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)
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and withholding payment for such item(s). The ENGINEER may resubmit such item(s) in a
subsequent invoice together with additional supporting information requested.
5.4 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 (61st) 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).
5.5 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 CITY's written acceptance and after such audit or verification as CITY may deem
necessary, together with ENGINEER's execution and delivery 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.
5.6 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
6.1 The ENGINEER shall be responsible for the professional quality, technical adequacy and
accuracy, timely completion, and the coordination of all plans, designs, 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.
6.3 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 shall 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's employees, agents,
and representatives, including subconsultants and subcontractors, and shall save and hold CITY
harmless therefrom.
6.4 INDEMNIFICATION AND HOLD HARMLESS:
a. ENGINEER shall take all necessary precautions in performing the WORK to prevent injury to
persons or property. The ENGINEER agrees to release, indemnify, defend, and hold
harmless the City, its elected and appointed officials, officers, employees, agents,
representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and
expenses related to all claims, suits, arbitration actions, investigations, and regulatory or
other governmental proceedings arising from or in connection with this Agreement or the
acts, failures to act, errors or omissions of the ENGINEER, or any of ENGINEER's agent(s)
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or subcontractor(s), in performance of this Agreement, except for claims caused by the City's
sole negligence. The City's right to indemnification includes attorneys fees and costs
associated with establishing the right to indemnification hereunder in favor of the City.
b. If any suit, judgment, action, claim or demand arises out of, or occurs in conjunction with, the
negligent acts and/or omissions of both the ENGINEER and the City, or their elected or
appointed officials, officers, employees, agents, attorneys or volunteers, pursuant to this
Agreement, each party shall be liable for its proportionate share of negligence for any
resulting suit, judgment, action, claim, demand, damages or costs and expenses, including
reasonable attorneys' fees.
c. Industrial Insurance Act Waiver. It is specifically and expressly understood that the
ENGINEER waives any immunity that may be granted to it under the Washington State
industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification.
ENGINEER's indemnification shall not be limited in any way by any limitation on the amount
of damages, compensation or benefits payable to or by any third party under workers'
compensation acts, disability benefit acts or any other benefits acts or programs. ENGINEER
shall require that its subcontractors, and anyone directly or indirectly employed or hired by
ENGINEER, and anyone for whose acts ENGINEER may be liable in connection with its
performance of this Agreement, comply with the terms of this paragraph, waive any immunity
granted under Title 51 RCW, and assume all potential liability for actions brought by their
respective employees. The Parties acknowledge that they have mutually negotiated this
waiver.
d. Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the
ENGINEER and the City, the ENGINEER's liability, including the duty and cost to defend,
shall be only to the extent of the ENGINEER's negligence.
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. The terms of this Section shall survive any expiration or termination of this Agreement.
6.5 In any and all claims by an employee of the ENGINEER, any subcontractor, 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.
6.6 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 contractors' compliance 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.
6.7 ENGINEER shall be solely responsible for and shall pay all taxes, deductions, and assessments,
including but not limited to federal income tax, FICA, social security tax, assessments for
unemployment and industrial injury insurance, and other deductions from income which may be
required by law or assessed against either party as a result of this Agreement. In the event the
City is assessed a tax or assessment as a result of this Agreement, ENGINEER shall pay the
same before it becomes due.
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6.8 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, thoroughness and judgment in performing such investigations.
SECTION 7 PROJECT SCHEDULE AND BUDGET
7.1 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 attached Exhibits. 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 or avoided.
7.2 Not later than the tenth (10th) 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 CITY's request for presentation to other governmental agencies and/or to the public.
SECTION 8 REUSE OF DOCUMENTS
8.1 All internal WORK products of the ENGINEER are instruments or services 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 if they were caused by the ENGINEER's own negligent acts
or omissions.
8.2 The ENGINEER agrees that any and all 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 owned by and vested in the
CITY.
8.3 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
9.1 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
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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.
9.3 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
ENGINEER's written comments, if any.
9.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the Project.
9.5 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
10.1 At all times during performance of the WORK or obligations under this Agreement, 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 Agreement. ENGINEER shall provide and maintain in force insurance in
limits no less than those stated below, as applicable. The CITY reserves the right to require
higher limits should it deem it necessary in the best interest of the public. If ENGINEER carries
higher coverage limits than the limits stated below, such higher limits shall be shown on the
Certificate of Insurance and Endorsements and ENGINEER shall be named as an additional
insured for such higher limits. Failure by the City to demand such verification of coverage with
these insurance requirements or failure of the City to identify a deficiency from the insurance
documentation provided shall not be construed as a waiver of ENGINEER's obligation to maintain
such insurance. ENGINEER's insurance coverage shall be primary insurance with respect to
those who are Additional Insureds under this Agreement. Any insurance, self-insurance or
insurance pool coverage maintained by the City shall be in excess of the ENGINEER's insurance
and neither the City nor its insurance providers shall contribute to any settlements, defense costs,
or other payments made by ENGINEER's insurance.
10.1.1 Commercial General Liability Insurance. Before this Agreement 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
liability limit of the limits required in the policy, subject to minimum limits 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 Agreement. The policy shall name the CITY, its elected and
appointed 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 Agreement is fully executed by the
parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of
commercial automobile liability insurance and commercial umbrella liability insurance
with a total liability limit of the limits required in the policy, subject to minimum limits of
Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury
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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 Agreement, which is
Section 10.1.1 entitled "Commercial General 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 Agreement. The policy
shall name the CITY, its elected and appointed 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.
10.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
10.1.4. 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 liability limit of the limits required in the policy, subject to
minimum limits of Two Million Dollars ($2,000,000.00) per claim, 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 elected and appointed officials, officers,
employees, agents, and representatives there under. The CITY and the CITY's elected
and appointed officials, officers, 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.
10.2 If at any time during the life of the Agreement, or any extension, ENGINEER fails to maintain the
required insurance in full force and effect, all work under the Agreement shall be discontinued
immediately. Any failure to maintain the required insurance may be sufficient cause for the City
to terminate the Agreement.
SECTION 11 SUBCONTRACTS
ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract
any portion of the WORK to be performed under this Agreement. However, ENGINEER shall be
considered the Prime Contractor hereunder and shall be the sole point of contact with regard to
all contractual matters arising hereunder, including the performance of WORK and payment of
any and all charges resulting from contractual obligations.
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
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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 anticipates ENGINEER subcontracting with two additional firms for the purpose of
completing this Agreement, Connectix Engineering (Electrical), Evergreen Coating Engineers
(coatings).
11.4 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.
11.5 If dissatisfied with the background, performance, and/or general methodologies of any
subcontractor, the City may request in writing that the subcontractor be removed. The
ENGINEER shall comply with this request at once and shall not employ the subcontractor for any
further WORK under this Agreement.
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. The ENGINEER for itself and its heirs,
executors, administrators, successors and assigns, does hereby agree to the full performance of
all of the covenants herein contained upon the part of the ENGINEER. 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
13.1 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
14.1 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 for all disputes arising under this Agreement shall lie in a court of competent
jurisdiction in Yakima County, Washington.
SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION
15.1 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
the applicable provisions of State and Federal Equal Employment Opportunity and
Nondiscrimination statutes and regulations.
SECTION 16 SUSPENSION OF WORK
16.1 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
Page 9
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 the 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
17.1 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 17.1 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 the effective
termination date.
17.3 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.
17.4 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.
17.5 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.
17.6 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.
17.7 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.
Page 10
17.8 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
18.1 In the event that any dispute shall arise as to the interpretation or performance 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 neither of the afore mentioned
methods are successful then any dispute relating to this Agreement shall be decided in the courts
of Yakima County, in accordance with SECTION 14. If both parties consent in writing, other
available means of dispute resolution may be implemented.
SECTION 19 NOTICE
19.1 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 Ave
Yakima, WA 98901
Attn: Marc Cawley
ENGINEER: Gray & Osborn, Inc.
1130 Rainier Avenue South Suite 300
Seattle, WA 98144
Attn: Michael B. Johnson
SECTION 20 INSPECTION AND PRODUCTION OF RECORDS
20.1 The records relating to the WORK shall, at all times, be subject to inspection by and with the
approval of the City, but the making of (or failure or delay in making) such inspection or approval
shall not relieve ENGINEER of responsibility for performance of the WORK in accordance with
this Agreement, notwithstanding the City's knowledge of defective or non -complying performance,
its substantiality or the ease of its discovery. ENGINEER shall provide the City sufficient, safe,
and proper facilities, and/or send copies of the requested documents to the City. ENGINEER's
records relating to the WORK will be provided to the City upon the City's request.
20.2 ENGINEER shall promptly furnish the City with such information and records which are related to
the WORK of this Agreement as may be requested by the City. Until the expiration of six (6)
years after final payment of the compensation payable under this Agreement, or for a longer
period if required by law or by the Washington Secretary of State's record retention schedule,
ENGINEER shall retain and provide the City access to (and the City shall have the right to
examine, audit and copy) all of ENGINEER's books, documents, papers and records which are
related to the WORK performed by ENGINEER under this Agreement.
20.3 All records relating to ENGINEER's services under this Agreement must be made available to the
City, and the records relating to the WORK are City of Yakima records. They must be produced
to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56
RCW, or by law. All records relating to ENGINEER's services under this Agreement must be
retained by ENGINEER for the minimum period of time required pursuant to the Washington
Secretary of State's records retention schedule.
Page 11
20.4 The terms of this section shall survive any expiration or termination of this Agreement.
SECTION 21 COMPLIANCE WITH THE LAW
21.1 ENGINEER agrees to perform all WORK 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, including
policies adopted by the City, as those laws, ordinances, rules, regulations, and policies now exist
or may hereafter be amended or enacted. ENGINEER shall procure and have all applicable and
necessary permits, licenses and approvals of any federal, state, and local government or
governmental authority or this project, pay all charges and fees, and give all notices necessary
and incidental to the due and lawful execution of the work.
21.2 ENGINEER shall procure and have all applicable and necessary permits, licenses and approvals
of any federal, state, and local government or governmental authority or this project, pay all
charges and fees, and give all notices necessary and incidental to the due and lawful execution of
the work.
a. Procurement of a City Business License. ENGINEER must procure a City of Yakima
Business License and pay all charges, fees, and taxes associated with said license.
b. ENGINEER must provide proof of a valid Washington department of Revenue state excise
tax registration number, as required in Title 85 RCW.
c. ENGINEER must provide proof of a valid Washington Unified Business Identification (UBI)
number. ENGINEER must have a current UBI number and not be disqualified from bidding
on any public works contract under RCW 39.06.101 or 36.12.065(3).
d. ENGINEER must provide proof of a valid Washington Employment Security Department
number as required by Title 50 RCW.
e. Foreign (Non -Washington) Corporations: Although the City does not require foreign
corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is
specifically understood and agreed that any such corporation will promptly take all necessary
measures to become authorized to conduct business in the City of Yakima, at their own
expense, without regard to whether such corporation is actually awarded the contract, and in
the event that the award is made, prior to conducting any business in the City.
SECTION 22 MISCELLANEOUS PROVISIONS
22.1 Nondiscrimination. During the performance of this Agreement, the ENGINEER agrees as follows:
The ENGINEER shall not discriminate against any person on the grounds of race, creed, color,
religion, national origin, sex, age, marital status, sexual orientation, gender identity, pregnancy,
veteran's 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 USC 12101 et seq.). 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 WORK under this Agreement. In the event of the ENGINEER's noncompliance with
the non-discrimination clause of this contract or with any such rules, regulations, or orders, this
Agreement may be cancelled, terminated, or suspended in whole or in part and the ENGINEER
may be declared ineligible for any future City contracts.
22.2 Pay transparency nondiscrimination. The ENGINEER will not discharge or in any other manner
discriminate against employees or applicants because they have inquired about, discussed, or
disclosed their own pay or the pay of another employee or applicant. However, employees who
have access to the compensation information of other employees or applicants as a part of their
essential job functions cannot disclose the pay of other employees or applicants to individuals
who do not otherwise have access to compensation information, unless the disclosure is (a) in
response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or (c) consistent with the
contractor's legal duty to furnish information.
Page 12
22.3 Severability. If any term or condition of this Agreement or the application thereof to any person(s)
or circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To this
end, the terms and conditions of this Agreement are declared severable.
22.4 Agreement documents. This Agreement, the Request for Qualifications & Proposals No.12220Q,
titled Statement of Qualifications, Scope of Work, conditions, addenda, and modifications and
ENGINEER's proposal (to the extent consistent with Yakima City documents) constitute the
Agreement Documents and are complementary. Specific Federal and State laws and the terms
of this Agreement, in that order respectively, supersede other inconsistent provisions. These
Agreement Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St.,
Yakima, WA, 98901, and are hereby incorporated by reference into this Agreement.
22.5 Notice of change in financial condition. If, during this Agreement, the ENGINEER experiences a
change in its financial condition that may affect its ability to perform under the Agreement, or
experiences a change of ownership or control, the ENGINEER shall immediately notify the City in
writing. Failure to notify the City of such a change in financial condition or change of ownership
or control shall be sufficient grounds for termination.
22.6 No conflicts of interest. ENGINEER represents that it or its employees do not have any interest
and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner
or degree with the performance of this Agreement. ENGINEER further covenants that it will not
hire anyone or any entity having such a conflict of interest during the performance of this
Agreement.
22.7 Promotional advertising prohibited. Reference to or use of the City, any of its departments,
agencies or other subunits, or any official or employee for commercial promotion is prohibited.
News releases pertaining to this procurement shall not be made without prior approval of the City.
Release of broadcast emails pertaining to this procurement shall not be made without prior
written authorization of the City.
22.8 Time is of the essence. Timely provision of the WORK required under this Agreement shall be of
the essence of the Agreement, including the provision of the WORK within the time agreed or on
a date specified herein.
22.9 Waiver of breach. A waiver by either party hereto of a breach of the other party hereto of any
covenant or condition of this Agreement shall not impair the right of the party not in default to
avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist
upon strict performance of any agreement, covenant or condition of this Agreement, or to
exercise any right herein given in any one or more instances, shall not be construed as a waiver
or relinquishment of any such agreement, covenant, condition or right.
22.10 Force Majeure. ENGINEER will not be responsible for delays in delivery due to acts of God, fire,
strikes, riots, delay in transportation, or those effects of epidemics or pandemics that could not
have been reasonably anticipated or mitigated through acts of the ENGINEER; provided
ENGINEER notifies the City immediately in writing of such pending or actual delay. Normally in
the event of such delays, the date of delivery of WORK will be extended for a period of time equal
to the time lost due to the reason for delay.
22.11 Authority. The person executing this Agreement on behalf of ENGINEER represents and
warrants that they have been fully authorized by ENGINEER to execute this Agreement on its
behalf and to legally bind ENGINEER to all terms, performances, and provisions of this
Agreement.
22.12 Survival. The foregoing sections of this Agreement, inclusive, shall survive the expiration or
termination of this Agreement, in accordance with their terms.
Page 13
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.
CITY 0 ' KIMA GRAY & OSBORNE, INC.
Bob Harrison
Printed Name:120h' V* E YTI' r)
Title: City Manager
Date.
. �(
Attest
erk
CITY CONTRACT NO'). )2 7
RESOLUTION NO: R- 2b a a G9 oC
Printed Name: Michael B. Johnson, P.E.
Title: President
Date: 7/15/2022
Page 14
STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that Bob Harrison 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: AA., tJ a 1.
Seal or Stamp
00111 1111 I I /,7j,
`..��C.).. ssio 4/cF��%
o 11OTARy '..
NO.107265 —
u;•.. PUBLIC
?/15/2.... 243•.
IWASIN\�����\
eta7i7 ,
(Signature)
(Jb+R1T
Title
CA,(19 1. Pr-ce
Printed Name
My commission expi• res: OA 1
Page 15
STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that Michael B. Johnson 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 execute the instrument, and acknowledged it as the
President of Gray & Osborne, Inc. to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
Dated: Q 7 - l Q- .ROAR
Seal or Stamp
01,
. tP'RES 06!; ' •f
gSHINGI,1/44,°•.
\134lrxd a, ' . VOAe-nrrm-f)9.0--1
(Signature)
Admin. 11&S+•
Title
Srcenda. E. Ironrr,on3er
Printed Name
My commission expires:
Ole -241-.2o2ly
Page 16
EXHIBIT "A"
SCOPE OF WORK
CITY OF YAKIMA
WWTF — PRIMARY CLARIFIER REHABILITATION
Based on our understanding of the project, this Scope of Work presents the professional
engineering services requested by the City of Yakima for the City's Wastewater Treatment
Facility located at 2220 East Viola Avenue, Yakima, WA 98901.
Project Understanding: The City would like to rehabilitate two of the primary clarifiers.
Rehabilitation work shall include an evaluation of the structural concrete, coatings, and
replacement of all mechanical components.
The Scope of Services included in this work are as follows:
SCOPE OF SERVICES
Task 1 - Project Management
This task will incorporate overall project management as well as in-house quality assurance and
quality control (QA/QC) reviews of all documents in order to address the relevant issues that
may affect the project. The project management task also covers oversight of the project
schedule and budget.
Task 2 — Engineering Memorandum
An engineering memorandum will be developed as a predesign report. The Engineering
Memorandum will include the following items:
1. Existing structural concrete evaluation and recommendations for upgrades (one
visit).
2. Existing coatings evaluation and recommendation for upgrades (one visit).
3. Existing electrical evaluation verifying current installation, conduit pathway
routings, junction boxes, current feeder wires, motor starters, etc. (one visit).
4. Investigate primary clarifier mechanisms for inclusion in the specifications.
5. Evaluate condition of influent piping and scum piping utilizing City resources
(CCTV), make recommendations as needed for upgrades/repairs.
6. Cost estimate and schedule for work.
7. Meet with City staff to confirm conclusions and recommendations.
Task 3 — Contract Documents for Primary Clarifier Rehabilitation
Services shall include the preparation of plans, technical specifications, contract documents and
cost estimates for the Primary Clarifier Rehab. Plans, specifications and contract documents will
be prepared in a City approved format for bid to be used by a general contractor in performing
the construction work.
Page 17
Three copies of preliminary plans and one PDF electronic copy, specifications cost estimates will
be provided to the City at 50-percent and 90-percent levels of completion for review and
comment. Gray & Osborne will review the documents with the City to obtain comments and/or
suggested design revisions and revise the documents accordingly.
Task 4 — Bid Services
Prepare final contract documents and assist the City with advertising the project for public bid.
Provide six hard copies of the plans and specifications to the City along with a digital copy of the
plans and specifications for the City's use. Gray & Osborne will electronically post contract
documents including drawings and specifications on Gray & Osborne's construction documents
website "gobids" for use by prospective bidders and plan houses.
Gray & Osborne will respond to bidder's questions and prepare addenda as needed; the addenda
will be distributed to the bidders through the "gobids" website. Gray & Osborne will be present
at the bid opening and conduct a pre bid meeting and prepare minutes for inclusion in an
addendum.
Gray & Osborne will review each bid and verify the bidder's responsibility and provide a letter
of award recommendation to the City.
NOTE: This scope of work assumes that the City will perform the following work and therefore
is not included in the Gray & Osborne scope of work.
• Submit advertisement to the paper of record and DJC.
• Conduct the bid opening.
• Develop and distribute a bid tab.
• Distribute and obtain required contract signatures and review bonds and
insurance, for the fmal signed Contracts.
Task 5 — Services During Construction
• Coordinate and conduct a pre -construction conference to review the requirements
of the plans and specifications of the project with the Contractor and to establish
administrative procedures for the project.
• Coordinate and conduct eight (8) construction meetings.
• Provide submittal review/approval: Review shop drawings and submittals for
compliance with design intent and general conformity with the Contract
Documents.
• Provide construction correspondence: Act as liaison, on the City's behalf,
between the City and Contractor to the extent provided in the Contract Documents
and to administer the construction contract and prepare and transmit general
construction correspondence, to include interpretation and/or clarification of the
Contract Documents, calculation and preparation of Pay Estimates, negotiation
and preparation of Change Orders, and other general construction
correspondence.
• Field inspection: Perform discipline specific site visits during construction to
monitor conformance to the Contract Documents. Summarize the findings of the
site visits. Visits are planned as follows and assumes simultaneous work on the
clarifiers, not phased:
Page 18
■ Mechanical: six (6) total, including removal and installation of clarifier
drive and sweeper mechanism and associated replacement parts.
• Pipe Rehabilitation: two (2) total, including trenchless rehabilitation, plus
one as needed based on the extend of the repairs and the Contractor's
quality of work.
• Structural: two (2) total site visits, one visit to inspect surface prep prior
to repair, plus one as needed based on the extent of the repairs and
Contractor's quality of work.
■ Coatings: five (5) total site visits, visits shall be at the following stages:
surface prep, primer, finish coat, plus one as needed based on the extent of
the repairs and Contractor's quality of work
• Electrical: three (3) total site visits for meetings, construction observation,
punch list creation, and punch list verification.
• Obtain from the Contractor a letter indicating that Substantial Completion has
been reached, after the preliminary walk-through and with the concurrence of the
City.
• Prepare and transmit the preliminary and final punch lists, subsequent to their
respective walk-throughs.
• Prepare and transmit a recommendation to the City to accept the project as
complete.
INFORMATION TO BE PROVIDED BY CITY
We will work with the City to ensure that all of the information needed to complete the work is
obtained. This information will include, but is not necessarily be limited to, the following:
1. Existing planning documents and record drawings to develop background
information, including design criteria for the Primary Clarifiers.
2. Existing equipment operation and maintenance manuals.
3. Structural and Mechanical Record Drawings of the Primary Clarifiers
SCHEDULE
The proposed schedule for completion Task 2, Engineering Memorandum and Task 3,
preparation of Contract Documents is 90 calendar days after the date this Agreement is executed.
The proposed schedule for completion of Task 4 and 5, Bid and Construction Services, will be
on an on -call basis dependent upon the final City bid advertisement schedule and the
Contractor's on -site schedule.
PROJECT BUDGET
The maximum amount payable to Engineer for the completion of the work associated with this
Scope of Work, including contingencies, salaries, overhead and direct non -salary costs shall be
shown in the attached Exhibit "B." Schedule of Rates is attached Exhibit "C."
Page 19
EXHIBIT "B"
ENGINEERING SERVICES
SCOPE AND ESTIMATED COST
City of Yakima
WWTF - Primary Clarifier Rehabilitation
Tasks
Principal I, II,
HI Hours
Project
Manager
Hours
Project
Engineer
Hours
Civil
Engineer I, II,
III Hours
Structural
Engineer
Hours
AutoCAD
Tech 1, II, III,
Hours
Task Basis for Estimating
Principal I
Project
Manager
Project
Engineer
Civil Engineer
I
Structural
Engineer
AutoCAD Tech
III
1 Project Management
2
12
2 Engineering Memorandum
2
6
20
12
32
3 Contract Documents
2
16
80
72
40
60
4 Bid Services
2
4
2
2
1
5 Services During Construction
2
28
84
82
40
2
Hour Estimate:
10
66
186
168
113
62
Fully Burdened Billing Rate Range:*
$150 to $235
$140 to $235
$125 to $175
$115 to $155
$115 to $210
$120 to $215
Estimated Fully Burdened Billing Rate:*
$198
$192
$161
$130
$202
$133
Fully Burdened Labor Cost:
$1,980
$12,672
$29,946
$21,840
$22,826
$8,246
Total Fully Burdened Labor Cost:
Direct Non -Salary Cost:
Mileage & Expenses (Mileage @ current IRS rate) $ 550
$ 97,510
Subconsultant:
Connectix Engineering (Electrical) $ 16,300
Evergreen Coating Engineers (Coatings) $ 49,990
Subconsultant Overhead (10%) $ 6,629
TOTAL ESTIMATED COST: $ 170,979
* Actual professional fees will be based on the Schedule of Rates, Exhibit "C". Total Cost Not to Exceed $170,979.
Page 20
EXHIBIT "C"
SCHEDULE OF RATES, YEARS 2022-2023
Description
Hourly
Rate
Principal III
$226.44
Principal II
$198.14
Principal I
$183.15
Project Manager
$191.48
Structural Engineer
$201.47
Project Engineer
$160.67
Civil Engineer III
$143.19
Civil Engineer II
$127.37
Civil Engineer I
$106.56
Electrical Engineer II
$208.13
Electrical Engineer I
$179.82
Environmental Technician
$134.03
AutoCAD Technician IV
$158.18
AutoCAD Technician III
$132.37
AutoCAD Technician II
$114.05
AutoCAD Technician I
$108.23
Professional Land Surveyor
$169.83
Field Surveyor II
$124.88
Field Surveyor I
$79.92
Construction Inspector
$129.87
NOTE: Subconsultants will be identified on a
task -by -task basis and will be invoiced at cost
plus a 10% overhead fee.
Page 21
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.G.
For Meeting of: August 1, 2022
Resolution authorizing an agreement with Gray & Osborne, Inc. to
provide engineering services for Project WP2631 Primary Clarifier
Rehabilitation
Scott Schafer, Director of Public Works
David Brown, Assistant Director of Public Works
Mike Price, Wastewater/Stormwater Division Manager 509-249-
6815
SUMMARY EXPLANATION:
City of Yakima (City) Project WP2631 Primary Clarifier Rehabilitation replaces the drive
mechanisms, sludge collection system and provides tank surface recoating of two of the
wastewater treatment facility's four primary clarifiers. The equipment was last refurbished in 1992
and requires rehabilitation to restore reliable primary wastewater treatment.
The City used the Municipal Research and Services Center (MRSC) of Washington roster, a
statewide small works and consultants roster system, followed by a competitive selection process
under City Request for Qualifications 12220Q in selecting Gray & Osborne, Inc. to provide
design, bidding, and construction engineering services for City Project WP2631.
The terms of the Agreement would be in an amount not to exceed One Hundred Seventy
Thousand Nine Hundred and Seventy -Nine Dollars ($170,979). The Agreement including
EXHIBIT "A" - SCOPE OF WORK, EXHIBIT "B" - ENGINEERING SERVICES SCOPE
AND ESTIMATED COST, and EXHIBIT "C" - SCHEDULE OF RATES YEARS 2022-2023 is
attached for City Council review. Funds are budgeted from Wastewater Capital Fund 478.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
2
ATTACHMENTS:
Description Upload Date Type
D Resolution 7/18/2022 Resolution
D Agreement 7/18/2022 Contract
Contract Supplemental Agreement
Supplemental Agreement
Number: 1
Organization and Address:
Grey & Osborne, Inc
1130 Rainier Avenue South Suite 300
Seattle WA, 98144
Attn: Michael B. Johnson
Original Contract Number:
2022-127
City Engineering Project Number: WP2631
Project Title:
WWTP Primary Clarifier Rehabilitation
Execution Date of Supplement:
April 1, 2023
Completion Date of Supplement:
At project Completion
Maximum Amount Payable this Supplement:
$45,768.00
Original Contract Amount: $170,979.00
Maximum Total Contract Amount:
$216,747.00
Section 2, 2.2: Additional Services
The City of Yakima, Washington desires to supplement the contract agreement entered into with Grey &
Osborne, Inc. and executed on August 1, 2022 by Resolution No. 2922-092 and identified as Contract
2022-127. All provisions in the basic contract remain in effect except as expressly modified by this
supplement. The changes to the agreement are described as follows:
Section 2: Scope of services
The additional work to be performed as part of this Supplemental Contract is to increase 0A/00C reviews
and provide additional inspections during construction. See attached EXHIBIT "A" for complete
description of work.
Section 5: Compensation
Payment for this supplemented work will, as shown on the attached EXHIBIT "B", is not to exceed
$45,768.00. Total Agreement amount including supplemental agreement is not exceed $216,747.00.
Payment will be calculated in accordance with the original contract, Section 5, and the original Schedule
of Rates attached EXHIBIT "C".
If you concur with this supplement and agree to the changes as stated above, please sign the appropriate
spaces below and return to this office for final action.
By:
/17. -1/4.7a toi..).-;‘,0
ConsuItr
ignature
CITY CONTRACT 9:
RESOLUTION NO:
EXHIBIT "A"
SCOPE OF WORK
CITY OF YAKIMA
YAKIMA PROJECT NU
ER: WP2631
F — PRIMARY CLARIFIER REHABILITATION,
ADDITIONAL CONSTRUCTION ADMINISTRATION SERVICES
Based on our understanding of the project, this Scope of Work presents the professional
engineering services requested by the City of Yakima for the City's Wastewater Treatment
Facility located at 2220 East Viola Avenue, Yakima, WA 98901.
Project Understanding: The City has completed the design of the primary clarifier rehabilitation
project. During the design a field investigation that included concrete testing and concrete
sounding helped identify more specifically the improvements that are required and what
additional site visits and hold points for coatings and structural inspections are required. The
work proposed herein is for the additional site visits and engineering related to the hold points
and the structural inspections. In addition, the work includes additional meetings related to the
extended project.
The Scope of Services included in this work are as follows:
SCOPE OF SERVICES
Task 1 - Project Management
This task will incorporate overall project management as well as in-house quality assurance and
quality control (QA/QC) reviews of all documents in order to address the relevant issues that
may affect the project. The project management task also covers oversight of the project
schedule and budget.
Task 2 — Additional Construction Administration
Perform additional discipline specific site visits during construction to monitor conformance to
the Contract Documents. Summarize the findings of the site visits. Visits are planned as
follows:
• Structural Inspections: Four (4) additional site visits
• Coatings, Crack Repair, Pier Repair Inspections: Twelve (12) additional site visits
Conduct four additional project meetings and provide related documentation.
Page 1
PROJECT BUDGET
The maximum amount payable to Engineer for the completion of the work associated with this
Scope of Work, including contingencies, salaries, overhead and direct non -salary costs shall be
shown in the attached Exhibit "B." Schedule of Rates is attached Exhibit "C."
Page 2
Tasks
Task Basis for Estimating
1 Project Management
E IBIT "B"
YAIUMA PROJECT NUMBER: WP2631
ENGINEERING SERVICES
SCOPE AND ESTIMATED COST
City of Yakima
WWTF - Primary Clarifier Rehabilitation
Principal I, II,
III Hours
Principal I
2
Project
Manager
Hours
Project
Manager
2
Project
Engineer
Hours
Project
Engineer
Civil
Engineer I, II,
III Hours
Civil Engineer
2 Additional Construction Administration
Hour Estimate:
Fully Burdened Billing Rate Range:*
Estimated Fully Burdened Billing Rate:*
Fully Burdened Labor Cost:
10
$150 to $235
Total Fully Burdened Labor Cost:
Direct Non -Salary Cost:
Mileage & Expenses (Mileage @ current IRS rate)
Subconsultant:
Evergreen Coating Engineers (Coatings)
Subconsultant Overhead (10%)
TOTAL ESTIMATED COST:
$198
$1,980
12
14
$140 to $235
$192
$2,688
$ 17,568
700
$ 25,000
2,500
$ 45,768
12
12
$125 to $175
$161
$1 932
16
16
$115 to $155
$130
$2 080
* Actual professional fees will be based on the Schedule of Rates, Exhibit "C". Total Cost Not to Exceed $45,768.
(July 11, 2018) Page 1 of
Structural
Engineer
Hours
Structural
Engineer
44
44
$115 to $210
$202
$8,888
EXHIBIT "C"
SCHEDULE OF RATES, YEARS 2022-2023
YAKIMA PROJECT NUMBER: WP2631
Description
Principal III
Principal II
Hourly
Rate
$226.44
$198.14
Principal I $183.15
Project Manager
Structural Engineer
Project Engineer
Civil Engineer III
Civil Engineer II
Civil Engineer I
$191.48
$201.47
$160.67
$143.19
$127.37
$106.56
Electrical Engineer II
$208.13
Electrical Engineer I
$179.82
Environmental Technician $134.03
AutoCAD Technician IV
$158.18
AutoCAD Technician III
AutoCAD Technician II
$132.37
$114.05
AutoCAD Technician I
Professional Land Surveyor
Field Surveyor II
Field Surveyor I
Construction Inspector
$108.23
$169.83
$124.88
$79.92
$129.87
NOTE: Subconsultants will be identified on a
task -by -task basis and will be invoiced at cost
plus a 10% overhead fee.
Contract Supplemental Agreement
Supplemental Agreement Organization and Address:
Number: 2 Gray& Osborne, Inc.
1130 Rainier Avenue South Suite 300
Seattle WA, 98144
Attn: Michael B, Johnson
Original Contract Number: Execution Date of Supplement:
2022-127 August 1, 2022
City Engineering Project Number: WP2631 Completion Date of Supplement:
At Project Completion
Project Title: Maximum Amount Payable this Supplement:
WWTP Primary Clarifier Rehabilitation $32,032.00
Original Contract Amount: $170,979.00 Maximum Total Contract Amount:
Supplemental Agreement#1: $45,768.00 $248,779.00
Section 2.2: Additional Services
The City of Yakima,Washington desires to supplement the contract agreement entered into with Gray&
Osborne, Inc. and executed on August 1, 2022 by Resolution No. 2022-092 and identified as Contract
2022-127. All provisions in the basic contract remain in effect except as expressly modified by this
supplement. The changes to the agreement are described as follows:
Section 2.1: Scope of Work
The additional work to be performed as part of this Supplemental Contract is to add additional project
management based on extended construction timelines and provide additional construction administration
services requested by the City of Yakima, Wastewater Division, as described in Exhibit"A".
Section 5: Compensation
Payment for this supplemented work as shown on Exhibit"B" is not to exceed$32,032.00. The total
amount payable for the Agreement including supplemental#1 and#2 is not to exceed$248,779.00.
Payment will be calculated in accordance with the original contract, Section 5, and the original Schedule
of Rates attached EXHIBIT"C"
If you concur with this supplement and agree to the changes as stated above, please sign the appropriate
spaces below and return to this office for final action.
By. r,r . ,e r :_7 By:
Consultant Signature anager
(D-ea-)
a��Date (� -}{
CITY CONTRACT NO. C9A9-� 1)t�7glY3P` r>"�
RESOLUTION NO. k-a a._ c
(March 14,2024) Page 1 of 5
EXHIBIT A
SCOPE OF WORK
CITY OF YAKIMA
YAKIMA PROJECT NUMBER: WP2631
WWTF—PRIMARY CLARIFIER REHABILITATION,
ADDITIONAL CONSTRUCTION ADMINISTRATION SERVICES
Based on our understanding of the project,this Scope of Work presents the professional
engineering services requested by the City of Yakima for the City's Wastewater Treatment
Facility located at 2220 East Viola Avenue, Yakima,WA 98901
Project Understanding: The City has completed the design and bid process for the Primary
Clarifier Rehabilitation project. During design, equipment procurement timelines were
established and verified which lead to a phased approach during construction to complete the
necessary refurbishments with limited downtime of the clarifiers. The project was phased
according to lead times of available equipment and anticipated weather windows into phase I and
phase II of construction. Following contract award, it became apparent that some equipment for
phase I was now, not available during the phase I anticipated timeline. Equipment delivery
delays will increase downtime of the clarifiers, leaving an extended period of time where the
plant would lack redundant operating back-up clarifiers. During the initial review of the
Contractor's schedule, based on equipment procurement and delivery dates, the City indicated
that they do not want both Primary Clarifiers out of service for an extended period of time. As a
result,the contractor modified the construction schedule to mitigate downtime of the clarifiers.
This adds approximately four months to the construction schedule and installation of temporary
equipment. The work proposed herein is for the additional site visit(s) and construction
administration related to the additional two months of construction.
The Scope of Services included in this work are as follows:
SCOPE OF SERVICES
Task 1—Project Management
A. This task will incorporate overall project management as well as in-house quality
assurance and quality control (QA/QC)reviews of all documents in order to
address the relevant issues that may affect the project. The project management
task also covers oversight of the project schedule and budget.
(March 14.2024) Page 2 of 5
Task 2—Additional Construction Administration
Perform additional discipline specific site visits during construction to monitor conformance to
the Contract Documents. Summarize the findings of the site visits. Visits are planned as
follows:
A. Additional Coating Inspections;
B. Additional Project Meetings;
C. Additional Pay Estimates;
D. Additional Engineering site visits and inspection to determine conformance with
the Contract Plans;
E. Additional coordination and review of submittals, substitutions, etc.
PROJECT BUDGET
The maximum amount payable to Engineer for the completion of the work associated with this
Scope of Work, including contingencies, salaries, overhead and direct non-salary costs shall be
shown in the attached Exhibit B. Schedule of Rates is attached Exhibit C.
(March 14.2024) Page 3 of 5
EXHIBIT B
YAKIMA PROJECT NUMBER: WP2631
ENGINEERING SERVICES
SCOPE AND ESTIMATED COST
City of Yakima
WWTF-Primary Clarifier Rehabilitation,Additional CA Services
Project Project Civil Structural
Principal I,II, Manager Engineer Engineer I,II, Engineer
Tasks III Hours Hours Hours III Hours Hours
Project Project Civil Engmeer Structural
Task Basis for Estimating Principal I Manager Engineer _ I Engineer
1 Project Management 6 16
2 Additional Construction Administration 6 24 60 40 8
Hour Estimate: 12 40 60 40 8
Fully Burdened Billing Rate Range:* $150 to$235 $140 to$235 $125 to$175 $115 to$155 $115 to$210
Estimated Fully Burdened Billing Rate:* $198 $192 $161 $130 $202
Fully Burdened Labor Cost: $2,376 $7,680 $9,660 $5,200 $1,616
Total Fully Burdened Labor Cost: $ 26,532
Direct Non-Salary Cost:
Mileage&Expenses(Mileage @ current IRS rate) $ -
Subconsultant:
Evergreen Coating Engineers(Coatings) $ 5,000
Subconsultant Overhead(10%) $ 500
TOTAL ESTIMATED COST: $ 32,032
*• Actual professional fees will be based on the Schedule of Rates,Exhibit C. Total Cost Not to Exceed$32,032.
(March 14,2024) Page 4 of 5
EXHIBIT C
Schedule of Rates 2022-2023
Description Hourly Rate
Principal III $226.44
Principal II $198.14
Principal I $183.15
Project Manager $191.48
Structural Engineer $201.47
Project Engineer $160.67
Civil Engineer III $143.19
Civil Engineer II $127.37
Civil Engineer I $106.56
Electrical Engineer II $208.13
Electrical Engineer I $179.82
Environmental Technician $134.03
AutoCAD Technician IV $158.18
AutoCAD Technician III $132.37
AutoCAD Technician II $114.05
AutoCAD Technician I $108.23
Professional Land Surveyor $169.83
Field Surveyor II $124.88
Field Surveyor I $79.92
Construction Inspector $129.87
NOTE: Subconsultants will be identified on a task-
by-task basis and will be invoiced at cost plus a 10%
overhead fee.
(March 14,2024) Page 5 of 5