HomeMy WebLinkAbout07/21/2009 13 WWTP Local Limit Development Consultation Agreement with CWA Consulting Services, LLC BUSINESS OF THE CITY COUNCIL
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YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of 7/21/09
ITEM TITLE: Consideration of a resolution authorizing the City Manager to execute an
agreement with CWA Consulting Services, LLC, for Local Limit Development for
the Yakima Wastewater Treatment Plant.
SUBMITTED BY: Scott Schafer, Wastewater Division Manager
Arlene Carter, Pretreatment Supervisor
CONTACT PERSON/TELEPHONE: Arlene Carter, Pretreatment Supervisor (509) 249 -6816
SUMMARY EXPLANATION:
Local limits are developed to reflect specific needs and capabilities at Publicly Owned
Treatment Works (POTWs) and designed to protect receiving waters. EPA regulation 40 CFR
403.8(0(4) states that delegated Pretreatment Programs must develop local limits; and 40 CFR
403.5(c) states that local limits are needed when pollutants are received that could result in
pass through or interference at the POTW.
• In accordance with Section S6.D of the City of Yakima's National Pollutant Discharge
Elimination System (NPDES) Waste Discharge Permit # WA- 002402 -3, as issued by the
Department of Ecology (Ecology), the City of Yakima is required to develop and reevaluate
local limits in order to prevent pass through or interference. Ecology requires revision or
establishment of local limits for any pollutant discharged to the POTW that has a reasonable
potential to exceed the Water Quality Standards, Sediment Standards, or established effluent
limits, or causes whole effluent toxicity. Ecology has determined such a review is required of
the City by July, 2010, for incorporation into the City's NPDES Permit cycle beginning June 30,
2011.
- (Continued on page 2)
Resolution X Ordinance _ Contract _ Other (Specify)
Funding Source: 473 Pretreatment Professional Services
APPROVED FOR SUBMITTAL:
City Manager '
STAFF RECOMMENDATION: Staff respectfully requests that City Council adopt the enclosed
resolution authorizing and directing the City Manager to execute an agreement between the
City of Yakima and CWA Consulting Services, LLC for evaluation of local limits.
0 BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Page 2 ®
To comply with State and Federal ru les and regulations, it is the desire of wastewater staff to
enter into an agreement with CWA Consulting Services, LLC, for a Washington State
approved local limit evaluation including local limit updates to Chapter 7.65 Sewer Use and
Pretreatment Regulations of the Yakima Municipal Code.
The purpose of this Agreement is to define the scope of services contracted between the City
and CWA Consulting Services. Funding for the Local Limit Development to be directed from
Fund 473 Pretreatment Professional Services and not to exceed $12,000. (See attached
Agreement)
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•
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RESOLUTION NO. R 2009 -
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute an agreement with CWA Consulting Services, LLC for
Local Limit Development for the Yakima Wastewater Treatment
Plant.
WHEREAS, the City of Yakima Wastewater Division received a letter from the
Department of Ecology, dated October 10, 2008, in which the following is stated:
"Ecology finds that the City of Yakima should re- evaluate Local Limits and reclassify
FIFRA local limits as a prohibition to discharge_ This should be completed by July 2010,
for incorporation into the next Permit cycle beginning June 30, 2011." In order to comply,
with the mandatory Local Limit study, the City requires services from an agency that has
expertise in Local Limit Development; and,
WHEREAS, Curt McCormick; CWA Consulting Services, LLC., represents that he
has the expertise necessary and is willing to perform the Local Limit Development
required by the City in accordance with the terms and conditions of this Agreement; now,
therefore,
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute the
attached "Agreement" with Curt McCormick, Owner, CWA Consulting Services, for the
purpose stated above, a copy of which is attached hereto and incorporated by this
reference.
ADOPTED BY THE CITY COUNCIL this 21 day of July, 2009.
ATTEST: David Edler, Mayor
City Clerk
D .
SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA and CWA
PROFESSIONAL
CONSULTING SERVICES, LLC
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made
and entered into by and between the City of Yakima, a Washington municipal corporation
(hereinafter the. "City ") and Curt McCormick, CWA Consulting Services, LLC (hereinafter
"CWACS').
WHEREAS, the City .requires services in order to comply with a mandatory Local Limit
Development for a State of Washington approved package, including relevant Local Limit '
updates to Chapter 7.65, Sewer Use and Pretreatment Regulations, Yakima Municipal Code;
and marked Exhibit "A", attached hereto and incorporated by this reference; the City of Yakima
Wastewater Division received a letter from the Department of Ecology, dated October 10,
2008, in which the following is stated: "Ecology finds that the City of Yakima should re-
evaluate Local Limits and reclassify FIFRA local limits as a prohibition to discharge. This
should be completed by July 2010, for incorporation into the next Permit cycle beginning June
30, 2011"; and,
WHEREAS, CWACS represents it has the expertise necessary and is willing to perform
the Local Limit Development required by the City in accordance with the terms and conditions
of this Agreement. -
NOW, THEREFORE, in consideration of the mutual covenants, promises and
0 agreements set forth herein, it is agreed by and between the City and CWACS as follows:
1. Scope of Services.
(1) "CWACS shall provide the City with Local Limit Development services associated
with a State of Washington approved Local Limit package including relevant local limit updates
to Chapter 7.65, Sewer Use and Pretreatment Regulations, Yakima Municipal Code.
(2) CWACS shall provide the City with a licensed copy of the CWACS local limits
spreadsheet and free updates for 2009. CWACS shall provide the City with a copy of
municipal legal authority showing the changed local limits.
(3) CWACS shall provide said consulting services to the City through a series of
mutually agreed task orders that shall become a part of this Agreement. Specifically, prior to
commencement of any services, the City and the CWACS shall mutually agree upon and
execute a task order for the specified Local Limit services. Each task order shall describe the
following items; the services to be provided; the time of performance for the services; the fee
for the services; and any provisions additional to this Agreement. The consulting services may
include, but are not limited to, the services listed on general project description and draft task
orders. However, execution of this A greement does not obligate either party to provide or
accept any services listed in Exhibit A until the services are mutually agreed on and a specific
task order is executed for the services.
2. Term. The term of this Agreement shall commence upon execution hereof and shall
terminate at the time of completion of all services /tasks required hereunder unless the
Agreement is earlier terminated by either party under Section 25 of this Agreement. CWACS
shall provide such services as are described on executed task orders in accordance with the
time schedule set forth in Exhibit A. CWACS shall proceed with such services in a timely and
® diligent manner but shall not be responsible for delays caused by others beyond CWACS'
control or which could not have been reasonably foreseen by the parties at the time the
respective task order was executed.
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City of Yakima and CWACS
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3. Compensation.
a. Fees for Services. CWACS shall be compensated for Local Limit Development
services hereunder by as provided in Section 3.d. below.
b. Maximum Fee for Services. Unless this agreement is otherwise modified by the
parties, the total compensation paid to CWACS for all services provided under this Agreement
shall not exceed $12,000.
c. Renegotiation of Maximum Fee. CWACS reserves the right to renegotiate the
maximum fee specified in a particular task order if the scope of services in the task order is
changed by the City, or if conditions beyond the control of the parties shall cause CWACS to
incur additional costs and expenses in providing the services required under the task order. In
either event, CWACS shall promptly notify the City in writing of the anticipated additional fees
or reduction of fees. Thereafter, and unless otherwise agreed by the parties, CWACS shall
not proceed with the modified /changed services until the parties agree in wilting to a
renegotiated maximum fee for that task order.
d. Payment of Compensation. The City shall make a 33% payment to CWACS
within 14 days of execution of the contract. The City shall make a 33% payment within 14
days of State acceptance of the local limit package. The City shall make a 34% payment
within 14 days of approval by the City Council and the State. All payments are expressly
conditioned upon CWACS providing services hereunder that are satisfactory to the City.
e. Payment in the Event of Termination. In the event that either party terminates
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this Agreement under Section 25, CWACS shall be compensated in accordance with the
above terms for all satisfactory completed services provided to the City up to the effective
termination date.
4. Standard of Performance. CWACS shall perform all work and services required
under this Agreement in accordance with generally accepted consulting standards, and shall
be responsible for the technical soundness and accuracy of all work and services furnished
pursuant to this Agreement consistent with the provisions marked Exhibit "B", attached hereto
and incorporated by this reference.
5. Cost Estimates. The City is herewith advised that CWACS has no control over the
cost of labor, material, equipment; subcontractors' and suppliers' methods of producing and
delivering such goods and services; or over the methods and styles of competitive bidding or
market conditions. Accordingly, CWACS cost estimates are made and fumished on the basis
of CWACS experience and qualifications and represent only best judgment as a consulting
firm familiar with the construction industry. As such, CWACS cannot and does not warrant or
guarantee the accuracy of its cost estimates, or that cost estimates will not vary significantly
from the actual project realized by the City.
6. Inspection and Audit. CWACS shall maintain books, accounts, records, documents
and other evidence pertaining to the costs and expenses allowable and consideration paid
under this Agreement in accordance with generally accepted accounting practices. All such
books of account and records required to be maintained by this Agreement shall be subject to
inspection and audit by representatives of the City and/or of the Washington State Auditor at
all reasonable times, CWACS shall afford the proper facilities for such inspection and audit.
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City of Yakima and CWACS
11111 Such books of account and records may be copied by representatives of the City and/or of the
Washington State Auditor where necessary to conduct or document an audit. In the event that
any audit or inspection identifies any discrepancy in such financial records, CWACS shall
provide the City with appropriate clarification and /or financial adjustments within thirty (30)
calendar days of notification of the discrepancy. CWACS shall preserve and make available
all such books of account and records for a period of three (3) years after final payment under
this Agreement.
7. Ownership of Documents. All reports, evaluations and data prepared or obtained by
CWACS pursuant to this Agreement shall be the property of the City upon payment made by
the City to CWACS in accordance with Sections 3 of this Agreement. CWACS shall provide
the City with electronic originals and /or reproducible copies of such documents in accordance
with the respective task order or when requested by City representatives. CWACS does not
intend or represent that such documents are suitable for reuse by the City or others on
extensions of this project or with regard to any other project. Any such reuse without the
written permission of the CWACS shall be at the City's risk.
8. Information Provided by the City. The City shall provide CWACS with access to all
information at its disposal pertinent to the site of the project area, including but not limited to
previous reports, drawings, plats, surveys, utility records and other similar data. Absent
' specific written direction to the contrary, CWACS shall be entitled to rely upon the completion
and accuracy of such documentation.
® 9. Status of CWACS. CWACS and the City understand and expressly agree that
CWACS is an independent contractor in the performance of each and every part of this
Agreement. CWACS shall have the sole judgment of the means, mode or manner of the
actual performance of work/services required under this Agreement. CWACS, as an
independent contractor, assumes the entire responsibility for carrying out and accomplishing
the work/services required under this Agreement. Additionally, and as an independent
contractor, CWACS shall make no claim of City employment nor shall CWACS make any claim
against the City for any related employment benefits, social security and/or retirement..
10. Taxes and Assessments. CWACS shall be solely responsible for compensating its
employees and for paying all related taxes, deductions, and assessments, including but not
limited to, federal income tax, FICA, social security tax, assessments for unemployment and
industrial injury and other deductions from income which may be required by law or assessed
against either party as a result of this Agreement. In the event the City is assessed a tax or
assessment as a result of this Agreement, CWACS shall pay the same before it becomes due.
11. Nondiscrimination Provision. During the performance of this Agreement, CWACS
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.
12. The Americans with Disabilities Act. CWACS shall comply with the Americans with
Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations,
and Washington State's anti- discrimination law as contained in. Chapter 49.60, RCW and its
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City of Yakima and CWACS
implementing regulations, with regard to the activities and services provided pursuant to this
Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the
area of employment, public accommodations, public transportation, state and local government
services and telecommunications.
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13. Comctliance With Law. CWACS agrees to perform all work/services under and
pursuant to this Agreement in full compliance with any and all applicable laws, rules, and
regulations adopted or promulgated by any governmental agency or regulatory body, whether
federal, state, local or otherwise.
14. No Insurance. It is understood the City does not maintain liability insurance for
CWACS.
15. Indemnification and Hold Harmless. CWACS agrees to protect, defend, indemnify,
exonerate, and hold harmless the City, its elected officials, agents, officers, and employees
(hereinafter "parties protected ") from (1) any and . all claims, demands, liens, lawsuits,
administrative and other proceedings, and (2) any and all judgments, awards, losses, liabilities, _
damages (including punitive or exemplary damages), penalties, fines, costs and expenses
(including legal fees, costs, and disbursements) for, arising out of, or related to any actual or
alleged death, injury, damage or destruction to any person or any property (including but not
limited to any actual or alleged violations of civil rights) to the extent solely or concurrently
caused by, arising out of, or related to any actual or alleged act, action, default or omission
(whether intentional, . willful, reckless, negligent, inadvertent, or otherwise) resulting from,
arising out of, or related to CWACS' provision of services, work or materials pursuant to this
Agreement. CWACS further agrees that it specifically and expressly waives its immunity under
industrial 'insurance, Title 51 RCW, or immunity under any other provision of law to the extent
of the obligations assumed to the parties protected hereunder.
16. Insurance provided by CWACS.
Professional Liability Insurance. On or before the date this Agreement is fully executed
by the parties, CWACS shall provide the City with a certificate of insurance as evidence of
Professional Errors and Omissions Liability Insurance with coverage of at least One Million
Dollars ($1,000,000.00) per occurrence and an annual aggregate limit of at least One Million
Dollars ($1,000,000.00). The certificate shall dearly state who the provider is, the amount of
coverage, the policy number, and when the policy and provisions provided are in effect. The
insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If the
policy is on a claims made basis, the retroactive date of the insurance policy shall be on or
before September 21, 2005, or shall provide full prior acts. The insurance coverage shall
remain in effect during the term of this Agreement and for a minimum of three (3) years
following the termination of this Agreement. _
•17. Delectation of Professional Services. The services provided for herein shall be
performed by. CWACS and no other person.
18. Assi gnment. This Agreement, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part by CWACS to any other person or entity without the
prior written consent of the City. In the event that such prior written consent to an assignment
is granted, then the assignee shall assume all duties, obligations, and liabilities of CWACS
stated herein.
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City of Yakima and CWACS
19. No Conflict of Interest. CWACS represents that it does not have any interest and shall
III
not hereafter acquire any interest, direct or indirect, which would conflict in any manner or
degree with the performance of this Agreement. CWACS further covenants that it will not hire
anyone or any entity having such a conflict of interest during the performance of this
Agreement.
20. Severabil'rty. If any portion of this Agreement is changed per mutual agreement or any
portion is held invalid, the remainder of the Agreement shall remain in full force and effect.
21. Third Parties. The City and CWACS are the only parties to this Agreement and are the
only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give,
or shall be construed to give or provide, any right or benefit, whether directly or indirectly or
otherwise, to third persons.
22. Drafting of Agreement. Both the City and CWACS have participated in the drafting of
this Agreement. As such, it is agreed by the parties that the general contract rule of law that
ambiguities within a contract shall be construed against the drafter of a contract shall have no
application to any legal proceeding, arbitration and /or action in which this Agreement and its
terms and conditions are being interpreted and/or enforced.
23. Integration. This written document constitutes the entire agreement between the City
and CWACS. There are no other oral or written Agreements between the parties as to the
subjects covered herein. No changes or additions to this Agreement shall be valid or binding
41) upon either party unless such change or addition be in writing and executed by both parties.
24. Waiver of Breach. A waiver by either party hereto of a breach of the other party
hereto of any covenant or condition of this Agreement shall not impair the right of the party not
in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either
party to insist upon strict performance of any agreement, covenant or condition of this
Agreement, or to exercise any right herein given in any one or more instances, shall not be
construed as a waiver or relinquishment of any such agreement, covenant, condition or right.
25. Termination. The City or CWACS may terminate this Agreement, with or without
cause, by giving the other party thirty (30) calendar days written notice of termination.
26. Notices. Unless stated otherwise herein, all notices and demands shall be in writing
and sent or hand delivered to the parties to their addresses as follows:
TO CITY: Arlene Carter
Wastewater Division
2220 East Viola
Yakima, WA 98901
TO CWACS: Curt McCormick
CWA Consulting Service, LLC
PO BOX 448
Pine, CO 80470
or to such other addresses as the parties may hereafter designate in writing. Notices and/or
® demands shall be sent by registered or certified mail, postage prepaid, or hand delivered.
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City of Yakima and CWACS
Such notices shall be deemed effective when mailed or hand delivered at the addresses O
specified above.
27. Governing Law. This Agreement shall be govemed by and construed in accordance
with the laws of the State of Washington.
28. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA CWA CONSULTING SERVICES
By: By:
R. A. Zais, Jr., City Manager Curt McCormick, CWA Consulting
Services Principal
DATE: DATE:
ATTEST: ,
Deborah Moore, City Clerk
City Contract No.
Professional Services Agreement Page 6 of 12
City of Yakima and CWACS
EXHORT "A"
CITY OF YAKIMA LOCAL LIMIT DEVELOPMENT
CWA Consulting Services, LLC
SCOPE OF WORK
Task Order.
A. Provide the City of Yakima,_ with a Washington State approvable local limits
package, meeting the requirements of the State of Washington's requirements,
including relevant local limit updates to Chapter 7.65, Yakima Municipal Code,
Sewer Use and Pretreatment Regulations. -
B. Provide the City with a licensed copy of the CWACS local limits spreadsheet and
free updates for 2009.
C. Provide the City with a copy of their current legal authority showing the changed
local limits.
®'
Professional Services Agreement Page 7 of 12
City of Yakima and CWACS
91 i :OT "B"
CWA C i; €r suiting Services, LLC
P.O. Box 448 Pine, CO 80470
www.CWACS.com 303 -816 -1028
Confidential Business Information - DRAFT
Date: January 28, 2009
Proposal for: Yakima, Washington -
Proposal Contact:
Arlene Carter
acarter@a ci.yakima.wa.us
Pretreatment Supervisor
City of Yakima Wastewater Division
(509) 575 -6077
Sit. , ation Appraisal
The City of Yakima (City) has requested a proposal to complete a local limits study. The City is le
required to complete a re- evahuation of its local limits prior to expiration of the existing permit on
June 30, 2011. Local limits will be developed for Significant Industrial Users (SIUs). Local limits
for the EPA required metals, BOD and TSS would be developed. BOD and TSS local limits
would be developed based upon the - Design Standards. Local limits for Benzene and BTEX
would be developed based upon existing EPA technology. Limits for other pollutants would be
evaluated based upon existing data and the preference for permit- specific local limits rather than
POTW service area wide local limits. Based upon the current industry profile, CWACS
anticipates that concentration -based local limits will be adopted for metals, Benzene and BTEX,
whereas mass -based limits will be adopted for BOD and TSS. The local limits project will
include providing a Maximum Allowable Industrial Load (MAIL) for the mass -based limits.
The City has a partial Pretreatment Program approved. The State of Washington issues permits
to industrial users that are located in jurisdictions that discharge to the Yakima collection system
(e.g. Union Gap). The City permits 21 discharging SIUs and the State issues permits to 4 of the
SIUs located in another jurisdiction. Del Monte appears to discharge to the treatment works
through a dedicated sewer line and provides the greatest amount of loading to the POTW during
the summer and fall months. The State has established specific monitoring requirements for this
industrial discharge in the City's NPDES permit (WA 002402 - 3).
Objectives
My objectives for the proposed projects include:
✓ Provide the City with a State approvable local limits package, including relevant local
limits updates to Chapter 7.65, Sewer Use and Pretreatment Regulations.
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City of Yakima and CWACS
4111 ✓ Provide the City with a licensed copy of the CWACS local limits spreadsheet and free
updates for 2009.
✓ Provide the City with a copy of their current legal authority showing the changed local
limits.
Proposed Activities and Costs
Estimated Timeframes -
Activity Note (after signing contract)* Cost
Update Local Limits, Compile data, identify areas of 45 days to compile data Project Cost
incorporate into incomplete data (if any), and address incomplete $9,120
revised ordinance and document calculations and data issues.
provide the City with assumptions, and calculate Excludes costs
a local limits package. local limits. 45 days to provide draft for on -site
final local limits to the support, if
Project reflects that the City City staff (once any data requested (see
has >20 Sills. issues or assumptions are travel costs
finalized). later in
proposal)
30 days to provide final
local limits package after
staff approval.
* Reflects estimated time. Delays outside the control of CWACS may delay these estimated
timeframes. Also assumes that current NPDES low flows and hardness values are to be used or that
updated numbers are provided to CWACS during the first 45 days of the contract.
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City of Yakima and CWACS
PDT Project - CWACS, LLC.
111
W
t cw��Cs
AA
Approval/City
Council approval
Send Checklist
for providing
data to CWACS AA public
- onotice/2nd Reading
V i by City Council
t _
Data Quality
Review
Provide a package to the
State for review and if 1st Reading by
review indicates the
® City Council
submittal complete, - : =•
Identify approval
Additional Data
Needs if any) Meet with permitted
RJs to explain
changes (POTW
option)
A
Collect final
data Develop Final
Spreadsheet and
Legal Authority
V ( \
Complete Provide Local Legal Review
initial
Bs Limits Calculations --taw Incorporate _ _IP by City
calculations to POTW for review Comments . Attorney
� J
Dea Lion of Protect
Commencing on or about XXXXX 1, 2009 (or as otherwise contracted). The length of this
contract is expected to last anywhere from 2 months to 6 months, depending on availability of
data
Joint Accountabilities
My accountability includes:
✓ Adherence to deadlines and outputs
✓
Alt administrative and office costs, except as otherwise noted in the activities table
✓ Progress reports/updates as required
Your accountability includes:
✓ Access to key individuals
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City of Yakima and CWACS
✓ Provision and/or access to all information for the project
✓ Payment in conformance with the terms below
✓ Prompt response to receipt and review of draft documents
Our joint accountabilities include the following:
✓ We will alert each other of anything we learn that may materially affect the success of the
projects.
✓ We will respect each other's confidentiality and proprietary materials and approaches.
Terms and Conditions
CWA Consulting Services, LLC shall be compensated for the Services to be performed hereunder
by:
For activities in paragraphs 1.2,3,4 and 6, above:
A 33% payment is required within 14 days of execution of the contract.
A 33% payment is required within 14 days of State acceptance of the local limits package.
A 34% payment is required within 14 days of approval by the City Council and State.
® Other Expenses: If the City determines that on-site work is required, the following travel costs
would be charged: Hotel, parking fees, rental car, and other normal travel costs. Travel time is
charged at $35 per hour (first hour is not charged). Hourly rates for on -site work are charged at
$110 per hour, 4 hour minimum per day on -site.
Please make all checks payable to CWA Co n , salting Services, LLC.
Other Disclosures: I am fully covered by General Liability Insurance. I am a Limited Liability
Company. An insurance certificate will be provided upon request (2,000,000 each occurrence,
$4,000,000 general aggregate). In addition, a completed W -9 will be provided for your finance
department. Curt McCormick is a U.S. Citizen and does not have any employees and, therefore,
not required to carry Workman's Compensation Insurance. No CWACS -owned vehicles will be
used on -site or in the performance under this contract.
References
References are available upon request.
Independent Contractor Relationship
CWA Consulting Services, LLC., is an independent contractor in all its operations and activities
hereunder. The Parties understand and agree that CWA Consulting Services, LLC. is not an
employee of the City.
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City of Yakima and CWACS
Lialnilitv
The City shall not be liable to CWA Consulting Services, LLC for any loss, injury, damage,
expense or any liability whatsoever arising out of, or in connection with, the performance of the
services required by this Agreement.
Each party shall be responsible to the other for any costs or expenses including attorney's fees, all
expenses of litigation and/or settlement, and court costs, arising from the default of such party, its
officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of
its obligations under this Agreement.
Ame i dmennts and Notice "
Sole authority to make changes in or amendments to this Agreement on behalf of the City rests
with _ �., vA a ,- and no changes shall be valid unless in writing. This includes
specifying additional activities as summarized in
All Invoices _ from CWA Consulting Services, LLC. shall be submitted electronically to:
City of Yakima.
Acceptance of Proposal/Terms and Col ditions
This Agreement integrates, merges, and supersedes any prior offers, negotiations, and agreements
concerning the subject matter hereof and constitutes the entire agreement between the Parties.
Your signature below indicates acceptance of the terms of this proposal indicated by the
projects you have checked:
This Proposal Expires on:
For the City:
Curt McCormick
Name
Owner
CWA Consulting Services
Title
January 28, 2009
Date Signature
Date
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City of Yakima and CWACS