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HomeMy WebLinkAboutR-2023-118 Resolution authorizing an agreement with Gray & Osborne, Inc. to provide engineering services for City of Yakima Project RESOLUTION NO. R-2023-118 A RESOLUTION authorizing an agreement with Gray & Osborne, Inc. to provide engineering services for City of Yakima Project WF2715 Primary Digesters and UASB Improvements at the Wastewater Treatment Plant. WHEREAS, the City of Yakima owns, operates and maintains the Yakima Wastewater Treatment Plant in accordance with applicable Federal, State and Local regulations; and WHEREAS, the City of Yakima Wastewater Division uses three anaerobic digesters to meet EPA Class B biosolids standards and an Upflow Anaerobic Sludge Bed (UASB) digester to pretreat industrial waste from fruit processors; and WHEREAS, two of the primary digesters and the UASB digester require cleaning, coating, structural repair and replacement of ancillary equipment to maintain reliable treatment capacity; and WHEREAS, the Wastewater Division established Project WF2715 to rehabilitate the two primary digester and the UASB digester; and WHEREAS, the City requires design, bidding, and construction engineering services to for the digester rehabilitations; 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 #12304Q on March 8, 2023 the City held interviews with two 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 to execute the attached engineering services contract with Gray & Osborne, Inc., in the amount of One Million One Hundred Fifty-Two Thousand Nine Hundred and Eight Dollars ($1,152,908.00) for primary digester and UASB digester improvements at the Yakima Wastewater Treatment Plant. ADOPTED BY THE CITY COUNCIL this 5th day of September, 2023. ( ATTEST: anice Deccio, Mayor =JixKIMA ►�1 # Rosalinda Ibarra, City Clerk �‘kttksiiiN•• 0' AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND GRAY & OSBORNE, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this �� day of 2023, by andbetween the City of Yakima, VVoohington, u municipal corporation with its principal office at 129 North Second Street, Yakima, WA 98901, (hereinafter referred to as "CITY"), and Gray & Osborne, Inc. with its principal offioo at 1130 Rainier Ave 8, 8uha 300. Seatde, V&4 98144. (hereinafter referred to as "ENGINEER"); said corporation being licensed and registered to do business in the StateofVVoohington. and will provide EnQinoarinQ. Administrative, and Inspection services under this Agreement for the VVVVTF— primary Digesters and UA8B Improvements Project on behalf of the City of Yakima, herein referred toaothe ^PROJECT.^ WITNESSETH: RECITALS WHEREAS, CITY desires toretain the ENGINEER tuprovide engineering services for design and construction of the PROJECT, as described in this Agreement and subsequent Amendments thereto; and VVHEREA8. ENGINEER represents that it has ovoi|oWo 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 amfollows: SECTION INCORPORATION OF RECITALS 11 The above recitals are incorporated into these operative provisions of the Agreement. SECTION SCOPE OFSERVICES 2.01 ENGINEER agrees to perform those services described hevuafter. Unless modified in vvhUnQ by both porhoe, duties of ENGINEER ohuU not be construed to exceed those services specifically set forth herein. 3.0.2 ENGINEER shall use its best efforts to maintain continuity inpersonnel and shall assign, Nancy Wetch.P.E.as Principal -in -Charge throughout the term of this Agreement unless other personnel are approved by the CITY. 21ENGINEER agrees to perform those tasks described in Exhibit /\. entitled "Primary Digesters and UASB Improvements Project" (WORK) which is attached hereto and made opart ofthis Agreement aeiffully set forth herein. 22 Additional Somiuoo: 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 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 monner, delete portions of the PR[>JECT, or request that the ENGINEER perform additional WORK beyond the scope of the PROJECT WORK. Such changes hereinafter shall bereferred hoan"Additional Gemioea.^ Page 1 of 25 2.2.1 If such Additional Services cause an increase or decrease in the ENGINEERS 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 B, attached hereto and incorporated herein by this reference, and if so authorized, shall be considered part of the PROJECT WORK. The ENGINEER shall not perform any Additional Services until so authorized by CITY and agreed to by the ENGINEER in writing. 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. Page 2 of 25 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 million one hundred fifty-two thousand nine hundred eight dollars 00/100 ($1,152,908.00) during any calendar year for the term of the agreement. 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) Page 3 of 25 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) Page 4 of 25 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. 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. c. 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. d. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. e. 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. 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. Page 5 of 25 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 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. Page 6 of 25 0.3 The ENGINEER ag0000 to the disclosure of all infunnodwn and reports resulting from m000na to records pursuant to this section provided that the ENGINEER is afforded the opportunity for an audit exit conference and on 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 ENG|NEER'owritten comments, ifany. 0.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for WORK on the Project. 0.5 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. SECTION10 INSURANCE 101 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 o|uimo. damages, |onoaa, and eupon000 arising out of or resulting from the performance of this Agreement. ENGINEER shall provide and maintain in force insurance in limits no |ono than those stated bo|mw, no applicable. The CITY moomeu the right to require higher limits should itdeem bnecessary inthe best interest ofthe public. |fENGINEER carries higher coverage limits than the limits stated bo|mw, such higher limits ohoU be shown on the Certificate of Insurance and Endorsements and ENGINEER shall be named an an additional insured for such higher limits. Failure by the City to demand such verification of coverage with these insurance requirements or toi|una of the City to identify o deficiency from the insurance documentation provided shall not be construed as a waiver of ENGINEER's obligation to maintain such insurance. ENG|NEER's insurance coverage shall be primary insurance with respect to those who are Additional |nouvudo under this Agreement, and any inoumnoe, oo|Aneunonma 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 nettloments, defense oosto, or other payments made by ENG|NEER'o insurance. All additional insured endorsements required by this Section shall include onexplicit waiver ofsubrogation. 1011 Commercial General Liability Insurance. Before this Agreement is fully executed by the purUeo. ENGINEER shall provide the CITY with u 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 po|ioy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property donnago, and Two Million Dollars ($2.000.000.00) general aggregate. The certificate nhmU 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 C|TY, its elected and appointed officials, officers, agents, employees, and volunteers aoadditional insureds. The insured shall not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice. The insurance mho|| be with an insurance company or companies rated A-V|| orhigher in Boot'e Guide and admitted in the State of Washington. 101.2. Commercial Automobile Liability Insurance. a. If ENGINEER owns any vohideo, before this Agreement is fully executed by the pardeo. ENGINEER nhmU provide the CITY with o 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 OuUuro($2.UOO.OU0.00 per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. b. If ENGINEER does not own any vehicles, only "Non -owned and Hired Page 7 of 25 coverage at the same limits as required in that section of this Agreement, which is Section 10]1 entitled "Commercial General Liability |nounonoe^ C. Under either situation described above in Section 10.1.2.a. and Section 10.1.2.b., the required certificate of insurance ohuU 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 O|TY, its elected and appointed offioio|u, ufUoem, ogonhn, emp|uyeee, and vu|unbaom as additional insureds. The insured ohoU not cancel orchange the insurance without first giving the CITY thirty (30) calendar days prior written nuboo. The insurance shall be with on insurance company orcompanies rohadA-V|| or higher inBoat'oGuide and admitted inthe State ofWashington. 10].3, Statutory workers' compensation and employer's liability insurance as required by state 101.4, Professional Liability Coverage. Before this Contract is fully executed by the parties, ENGINEER shall provide the City with a certificate of insurance as proof of professional liability coverage with a total liability limit of the limits required in the po|ioy, subject to minimum limits of Two Million Do|kom ($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 omourd, the policy numbor, and when the policy and provisions provided are in effect. Said policy ohoU be in effect for the duration of this Contract. The insured shall not cancel orchange the insurance without first giving the CITY thirty (30) calendar days prior written notice. The insurance ehoU 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 on additional two years after the completion nfthis contract. Failure ofeither orall of the additional insureds toreport aclaim under such insurance nhoU not prejudice the rights of the C|TY, its elected and appointed officiaks, officam. employees, agents, and representatives there under. The CITY and the C|TY'oelected and appointed offiuio|e, offioere, phnoipm|e, omp|oyoeu, repveoentatvea, and agents ohoU have no obligation for payment of premiums because of being named as additional insureds under such insurance. None ofthe policies issued pursuant tothe requirements contained herein shall be ounoe|ed, allowed to axpivo, or changed in any manner that affects the rights of the CITY until thirty (30) days after written notice to the CITY ofsuch intended cancellation, expiration urchange. 10.2 If at any time during the life ofthe Agreement, or any extonaion. ENGINEER fails to maintain the required insurance in full force and ofect, 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 11] ENGINEER shall beentitled, tothe extent determined appropriate byENGINEER, tosubcontract any portion ofthe WORK tobeperformed under this Agreement. However, ENGINEER shall bo considered the Prime Contractor hereunder and shall be the uo|w point of contact with regard to all contractual matters arising hereundor, 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 tboreof, will be subject to prior approval by O|TY, which approval shall not be unreasonably withheld. Each subcontract shall be subject to review by the C|TY'o Repneeentodve, if requested, prior to the ouboonouhort or subcontractor proceeding with the WORK. Such review shall not constitute an approval as to the legal form or content of such subcontract. The ENGINEER shall be responsible for the architectural and engineering performance, acts, and omissions of all persons and firms performing subcontract WORK. Page 8 of 25 11.3 CITY does not anticipate ENGINEER subcontracting with any additional persons or firms for the purpose of completing this Agreement. 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 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. Page 9 of 25 ` ,v^ If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to nenegutaUun, and both parties are granted the option to terminate WORK on the suspended portion ofProject inaccordance with SECTION 17. SECTION 17 TERMINATION OFWORK 171 Either party may terminate this Agvoomont, 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, nosuch termination may beeffected unless the other party is given: (1)not less than fifteen (19) calendar days written notice delivered by certified mui|, return receipt requested, of intent to terminate; and (2) on 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 GooUon. CITY may terminate this Agreement for its convenience, in whole or in part, provided the ENGINEER is given: (1)not less than 80aon (15) calendar days written notice delivered by certified mui|, return receipt requested, ofintent tu terminate; and (3) an opportunity for consultation with CITY be/ore the offeodxe 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 eho|| be made, but (1) no amount shall be allowed for anticipated profit on unperformed een/i000 orother WORK, and (2) any payment due iothe ENGINEER at the time of termination may be adjusted to the extent of any additional costs or damages CITY �| has incurred, oriolikely tnincur, because ufthe ENGINEER'S breach. |nsuch event, CITY shall � consider the amount of WORK originally required which was maUutoctnhk/ completed to data 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 hoo|f or of employing another firm to complete it. Under no circumstances ehoU payments made under this provision exceed the contract price. In the event of default, the ENGINEER ogvuou to pay CITY for any and all damuQms, onsto, and expenses whether directly, indineotly, cvconsequentially caused by said default. This provision shall not preclude CITY from filing o|oimu and/or commencing litigation to secure compensation for damages incurred beyond that covered by contract rotainogo orother 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 ohoU include payment for services oodufaotork/ 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 tnassume said commitments. 17.5 Upon receipt ufotermination notice under subsections 171 or17.2above, 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, drawingo, npooifioaUono, oa|ou|adono, nupnrts, eotmateo, oummoheo, and such other informoUon, dooumonta, and mutoho|o as the ENGINEER or its nubunneu|tonto may have accumulated or pvoponod in performing this Agreement, whether completed or in pnmgnuee. with the ENGINEER retaining copies nfthe 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 fmUod, the termination whuU be deemed to have been effected for the convenience of CITY. In such oxent, the adjustment pursuant to the Agreement shall be determined onset forth insubparagraph 17.4ofthis Section. 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 nrfor any corporate uffioar of the ENGINEER to render his services to the PROJECT. the ENGINEER ehmU not be relieved of its Page 10 of 25 approval ofCITY. If CITY agrees to termination of this Agreement under this provision, payment shall be made as set forth in subparagraph 17.3 of this Section. SECTION 18 DISPUTE RESOLUTION 181 In the event that any dispute shall arise as to the interpretation 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 onntraot, and if the parties hereto cannot mutually settle such diffevenoee, 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 inwriting, other available means of dispute resolution may be implemented. SECTION 19 NOTICE 181 Any notice required tobegiven under the terms mf this Agreement shall badirected to the party a1 the address set forth below. Notice shall be considered issued and effective upon receipt thereof by the addnannoo'pody. or seventy-two (73) hours after mailing by oorb0md mail to the p|000 of business set forth below, whichever is earlier, CITY: City of Yakima 2220Eoe Viola Ave. Yakima, VVA08QO1 Attn: Marc Cawley ENGINEER: Gray & Osborne, Inc. 113ORainier Ave. 8,Suite %OO Seattle, WA 08144 Attn: Michael B. Johnson, P.E. SECTION 20 INSPECTION AND PRODUCTION OFRECORDS 201 The records vu|obng to the WORK shall, at all Umom, 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 whu|| 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 uhoU provide the City sufficient, oafo, and proper fooi|iUen, and/or send copies of the requested documents to the City. ENG|NEER'a 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 (S) years after final payment of the compensation payable under this Agveoment, or for a longer period if required by law or by the Washington Secretary of Stato'o record retention oohodu|o. ENGINEER nho|| retain and provide the City 0000ee to (and the City shall have the right to oxamine, audit and copy) all ofEN8|NEER'o booko, dooumento, papers and records which are related hothe WORK performed byENGINEER 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 tothe WORK are City ofYakima records. They must beproduced to third padiew, if required pursuant to the Washington State Public Records Act, Ohapter43.58 RCW, or by |ovv. All records relating to ENG|NEER'n oomiooa under this Agreement must be retained by ENGINEER for the minimum period of time required pursuant to the Washington Secretary of8taUa'e records retention schedule. 20.4 The terms of this section shall survive any expiration or termination of this Agreement, Page 11 of 25 SECTION21 COMPLIANCE WITH THE LAW 211 ENGINEER agrees to perform all WORK under and pursuant to this Agreement in full compliance with any and all oppUooNa |own, nu|oo, and regulations adopted or promulgated by any governmental agency or regulatory body, whether fodano|. state, |ouu|, or othemiem, including policies adopted by the City, as those laws, ordinances, rules, regulations, and policies now exist ormay hereafter boamended orenacted. ENGINEER shall procure and have all applicable and necessary permits, |ioonnoa and approvals of any fodono|, stoba. and |woo| government or governmental authority orthis prujeot, pay all charges and fees, and give all notices necessary and incidental tothe due and lawful execution ofthe work. 21.2 ENGINEER shall procure and have all applicable and necessary permits, licenses and approvals of any fedeno|, state, and |000| 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. o. 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 u valid Washington department of Revenue state excise tax registration number, oorequired inTitle B5RCVV o. ENGINEER must provide proof ofo valid Washington Unified Business Identification (UB|) number. ENGINEER must have a current UB| number and not be disqualified from bidding onany public works contract under RCVVJ0D8.1O1 or3G.12.O85(3). d. ENGINEER must provide proof of u valid Washington Employment Security Department number owrequired byTitle 5URCVV. o. F : Although the City does not require foreign corporate proposers to qualify in the Chy. County or State prior to submitting o pvopoeo|, it in 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 expenoe, without regard towhether such corporation is actually awarded the oontraot, and in the event that the award is made, prior to conducting any business in the City. SECTION22 MISCELLANEOUS PROVISIONS 221 Nondiscrimination. During the performance wfthis Agreement, the ENGINEER agrees oofollows: The ENGINEER shall not discriminate against any person on the grounds of naoe, orood, oo|nr, re|igion, national ohgin, oen, aAm, marital status, sexual ohantadion, gender identity, pve0nanoy, veteran's otmtun, po|idom| affiliation or belief, or the presence of any uenoory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 U8C 12101 etaeqj. This provision ohoU include but not be limited to the following: omp|oympnt, upgrading, dennution, transfer, recruitment, advertising, layoff nrtermination, rates of pay or other forms of compensation, selection for training, and the provision of WORK under this Agreement. In the event of the ENG|NEER'e noncompliance with the non-discrimination o|ouoe of this contract or with any such ru|ea, re0u|adono, or orders, this Agreement may be nmnooUmd, torminoted, or suspended in whole or in part and the ENGINEER may be declared ineligible for any future City contracts. 22.3 Pay transparency nondiscrimination. The ENGINEER will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, dionumnod, or disclosed their own pay or the pay of another employee or applicant. Howovur, 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 mooenn to compensation informabon, unless the dieo|oouvn in (a) in response to o h»rmo| complaint or charge, (b) in furtherance of an investigoUon, proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with the Page 12 of 25 / � 23.3 Severahi|dy. If any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held inva|id, such invalidity shall not affect other tormn, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions ofthis Agreement are declared severable. 22.4 Agreement documents. This Agreement, the Request for Qualifications & Proposals No. 0/A. ddod N/A Scope ofWork, conditions, addenda, and modifications and ENG|NEER'oproposal (to the extent consistent with Yakima City documents) constitute the Agreement Documents and are complementary. Specific Federal and State |uwm and the terms of this Agneemant, in that order respectively, supersede other inconsistent provisions. These Agreement Documents are on file in the Office of the Purchasing Mmnogor, 129 No. 2"d St., Yekime, VVA. 98901. and are hereby incorporated by reference into this Agreement. 22.5 Notice wfchange infinancial condition. If, during this Agreement, the ENGINEER experiences o 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 o change in financial condition or change of ownership nrcontrol shall bosufficient grounds for termination. 23.8 No conflicts of interest. ENGINEER represents that it or its employees do not have any interest and shall not hereafter acquire any interest, direct orindirect, which would conflict inany manner ordegree with the performance nfthis Agreement. ENGINEER further covenants that bwill not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 227 Promotional advertising prohibited. Reference to or use of the Cdy, any of its dopartmonts, agencies wrother subunits, or any official or employee for commercial promotion in prohibited. News releases pertaining to this procurement shall not be made without prior approval of the City. Release of broadcast emoi|e pertaining to this procurement shall not be made without prior written authorization ofthe City. 33.8 Time isofthe essence. Timely provision ofthe WORK required under this Agreement shall beof the essence ofthe Agreement, including the provision ofthe WORK within the time agreed orun adate specified herein. 32.9 Waiver of breach. A waiver by either party hereto of o 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 ofany subsequent breach thereof. Lanienoy, delay or failure wfeither party tu insist upon strict performance of any mgrooment, covenant or condition of this Agreemmnt, or to exercise any right herein given in any one or more inmtanoeo, shall not be construed as u waiver orrelinquishment ofany such agreement, covenant, condition urright. 2210 ForooNYa]eunm. ENGINEER will not baresponsible for delays indelivery due toacts ofGod, fire, sthkos, hoto, delay in banepurtadwn, or those effects of epidemics orpandomivathat 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. 2211 Authority. The person executing this Agreement on behalf of ENGINEER represents and warrants that they have been fb|ly authorized by ENGINEER to execute this Agreement on its behalf and to legally bind ENGINEER to all banno, podbnnen000, and provisions of this Agreement. 2212 Survival. The foregoing noudone of this Agroomord, inolusive, shall survive the expiration or Page 13 of 25 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 OF YAKIMA Bob Harrison Printed Name: Title: City Manager e' Date: 19e Attest CITY CONTRACT NO' RESOLUTION NO. C eric ?3-1' of GRAY & OSBORNE, INC. Signature Printed Name: Michael B. Johnson, P.E. Titie: President Date: Page 14 of 25 STATE OFWASH|NGTON COUNTY OF YAKIMA | certify that | know or have satisfactory evidence that Bob Harrison is the ponnun who appeared before me, and said person acknowledged that he signed this inmtnumerd, on oath stated that hewas authorized toexecute the instrument, and acknowledged itenthe CITY MANAGER of the CITY OFY7\K|N1A+tobe the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Seal or Stamp Printed Name My commission expires: Page 15 of 25 STATE OF WASHINGTON COUNTY OF YAKIMA ) ) ss, ) I certify that I know or have satisfactory evidence that ctidnciol 21 Jch)soll is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated h- , s authorized to eut instrument, and acknowledged it as the of 6 A 110,..:4 4' to be the free and voluntary act of such party for the uses and urpos s mentio d in the instrument. Dated: 1 Seal or Stamp 0111444#01.010,0 DRYS 001$1re*****# (Signature) CFO Printed Name My commission expires: z Page 16 of 25 EXHUBIT A SCOPE OF WORK CITY OF YAKIMA PRIMARY DIGESTERS AND UASB IMPROVEMENTS PROJECT 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 at222OEast Viola Avenue, Yakima, VVA 98901. Project Understanding: The City would like toclean and upgrade Primary Digesters 1 and 2, and construct upgrades tb the UASB, the Industrial Pump Station Screen, and the water supply system at the UAS8 and 8ioso|ids Building. More specifically the Scope of Services includes the following work. SCOPE OF SERVICES The City would like to develop a preclesign report that details the improvements desired at the Primary Digesters, the UAS8, the Industrial Pump Station and Fire Looping system. The predes|gnreport will include asummary ofall the improvements, alternatives analysis where necessary and a cost estimate. The following will beanalyzed inthe predesiQnreport: Primary Digester 2 and 3|mprovemants: 1. Cleaning and inspection of the two digester structures. a. Structural repairs, coatings ayneeded. b, New access hatches into each digester from the exterior ofthe building. C. Improve ventilation for future cleaning. d. Overflow piping improvements. e. Improved maintenance appurtenances (vac/punnphookup wall penetrations). 2. Mixer Rehabilitation or Replacement a. Replacement ofthe gearbox. Page 17 of 25 ~ = 3. Miscellaneous Piping/Gas System Improvements a. Replace Primary Digester Drain Valve 2and recirculation isolation valve. b- Addition ofdeanoutsmnthe secondary digester feed lines. C. Hot water and sludge valves, piping and sludge actuators for Primary Digesters 2and 3. d. Condensate trap improvements. e. Gas system improvements — pressure relief valves, flame arrestors and foam separators. f. Upgrade waste gas burner control panel and associated parts. 4. Electrical Upgrade— Replace the Primary Digester MCC. S. Upgrade the Primary Digester PLC and SCADAControls. 6. Upgrade sludge transfer pump (Mar|ovv). T Upgrade secondary digester recirculation pump. 8. Replace secondary digester domes. Industrial Pump Station Screening Improvements: l Evaluate improvements orreplacement of the screen toneduce maintenance issues. 0ASB System Improvements: 1. Add isolation valves atthe feed header. 2. Evaluate the addition of basket screen at the recirculation pump. 3. Replace the sludge heat exchanger. 4. Modifications tothe EQBasin toinclude the evaluation ofthe following: a, Improved aucess—stains, ladders, access hatches, etc. 5. Replace exterior effluent pipe elbow on Reactor 1 and 2. Page 18 of 25 G. Pad/electrical for acaustic tank and for annacronutrenttank onthe exterior ofthe UA3BPump Building. FineLomping—SeparateLime 1. Estimated Costs Based onthe results ofthe research inthe predes' nnepor1ondtheest|nnotedcosts the City will select the projects that will be designed and constructed. At the direction of the City's Project Manager, the Engineer will proceed with design document development ofthe City selected improvements. More specifically the work will include the following tasks. Task I — Project Management A. This task will incorporate overall project management aswell asin-house quality assurance and quality control / reviews ofall documents in order toaddress the relevant issues that may affect the project. The project management task also covers oversight ofthe project schedule and budget. A. Apredesignreport will bedeveloped toinclude evaluation ofall items in the scope ofwork. The 9redesignreport will beorganized into the following chapters: Chapter 1 — Introduction/Background Chapter 2—Proposed Improvements o Evaluation ofeach item for anupgrade, repair or replacement o Construction estimates for each upgrade, repair, or replacement o Alternatives analysis to include � Capital Cost � Ease ofOperation � Operations and Maintenance Costs Page 19 of 25 ~" t " Chapter 3 — Summary o Summary ofselected improvements o Order ofwork/Phasing requirements o Schedule for design/construction including consideration ofdevvaterin0project construction schedules o Total cost summary 8~ The Engineer will meet with the City Staff at75percent development of the pnadesignreport and the SOpercent development ofthe report to confirm the final improvements and alternatives selected. Task 3—Contract Documents A. Task 3will begin upon completion ofthe PredesignReport and the City has issued a notice to proceed. The notice toproceed will clearly state those items inthe PredesignReport that have been selected for design and construction. 8~ Once the Notice toProceed has been received, the services shall include the preparation ofplans, technical specifications, contract documents and cost estimates for the Primary Digester and UA5BImprovements Project. Plans, specifications and contract documents will beprepared in aCity approved format for bid tobeused byageneral contractor in performing the construction work. It is anticipated that two separate bid packages will beprepared for the work. The order ofwork, phases and bid packages will bedetermined inthe predesiQnphase. C. Three copies of preliminary plans, specifications, and cost estimates will beprovided tothe City atthe 5Opercent and SOpercent levels of completion for review and comment. A POFelectronic copy will also be provided ateach ofthese submittals. Gray 6kOsborne will review the documents with the City toobtain comments and/or suggested design revisions and revise the documents accordingly. Task 4—Washington Department ofEcology Review A. Provide design criteria tothe City formatted for ecology review and approval. Participate inuptmtwo meetings with ecology during approval process. Page 2Oof25 Task 5 — Bid Services A, This task will include the preparation offinal contract documents and assist the City with advertising the project forpub|icbid. |tisassumed that there will betwo bid processes. Three hard copies ofthe plans and specifications will be provided to the City along with a digital copy of the plans and specifications for the [itv'suse. Gray & Osborne will electronically post contract documents including drawings and specifications onGray &Osbmrne'sconstruction documents xvebsite ^gobids"for use byprospective bidders and plan houses. B. Gray /& Osborne will respond tobidder's questions and prepare addenda asneeded; the addenda will bedistributed tothe bidders through the "gobids"xvebsite. Gray Q'Osborne will bepresent atthe bid opening and assist with pre -bid meeting(s). C. 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 ofwork assumes that the City will perform the following work and therefore is not included in the Gray & Osborne scope of work. A. Conduct the bid openings. B. Develop the bid tabs. C. Distribute and obtain required contract signatures and review bonds and insurance, for the final signed Contracts. Task 6—Services During Construction A. Coordinate and conduct apre-construction conference toreview the requirements ofthe plans and specifications ofthe project xviththe Contractor and toestablish administrative procedures for the project. B. Coordinate and conduct eight construction meetings. C. Provide submittal review/appnova|:Review shop drawings and submittals for compliance with design intent and general conformity with the Contract Documents. D. Provide construction correspondence: Act asliaison, onthe Citvtbehalf, between the City and Contractor tothe extent provided inthe Contract Documents and toadminister the construction contract and prepare and transmit general construction correspondence, toinclude interpretation Page 21 of 25 � and/or clarification ofthe Contract Documents, ca|cu|ation^an'd preparation of Pay Estimates, negotiation and preparation of Change Orders, and other general construction correspondence. E. Field inspection: Full-time field inspection ofthe work will beperformed bxthe Engineer toensure conformance tothe Contract Documents. The scope ofwork includes 860hours ofinspection. |naddition, discipline specific site visits during construction tomonitor specific elements nf structural repair, coatings, and electrical. - Visits are planned as follows: 1. Mechanical: eight total site visits; 2. Structural: eight total site visits; I Coatings: 10 total site visits the repairs and Contractor's quality of 4. Electrical: 1Osite visits. F. Obtain from the Contractor a letter indicating that Substantial Completion has been reached, after the preliminary walk-through and with the concurrence ofthe City. G' Prepare and transmit the preliminary and final punch lists, subsequent to their respective walk-throughs including punch list items for monitoring, control and operation displays. H. Prepare and transmit arecommendation 10the City tuaccept the project as complete. L Maintain throughout the project and Provide final As built record drawings to the City. One hard copy and one PDF. J. Provide two 8-houroperation and maintenance trminings. One attime of project completion and one atCitxsrequest within 3months post Page 22 of 25 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 l Existing planning documents and record drawings todevelop background information, including design criteria for the Primary Clarifiers. 2. Existing equipment operation and maintenance manuals. 3- Structural and Mechanical Record Drawings ofall structures and processes tobeevaluated, SCHEDULE The proposed schedule for completion Task 2,PredesignReport, is1%Odays after the date ofthis Agreement. The schedule for Task 3,4,and 5will bedetermined once the Citv'sProject Managerhasse|ectedthexvorhthatxviUbedesignedandconstructed. 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 ofRates isattached Enhibi1C. Page 23 of 25 EXHIBIT B ENGINEERING SERVICES SCOPE AND ESTIMATED COST City of Po*ima - Primary Digesters and U4S8 Improvements Tasks na Precis Design - Contrnat Dnciamcnis Digester Improvement hab(Ronlaccrrrcr enyus,Pip oo'Goo Svolexn Id»pro Project Slruclural Inspection AutuCAD Principal 1, I1, Project Manager Engineer Civil Engineer Engineer I, II, Services Tech 1, II, III, 111Hours Hours Hours 1.1I Iou III Hours Hours Ho 10 ca lip g ad yrg ode Siud,oe Tr [rljaprndc Secnndon Renloce Secondary Indusaial Pump St Dig cstcr R Ptr. A 6 4 36 6 42 12 2 4 6 32 2 4 1111111111111111111111111 0 00 02 72 Fi 4 Washin Ri Cc, Se Fu pE mentoFFc ate r lnsprucemer nn lit ixcr Rc tab(Rep0 lan vans Pipi g !p ctwa} Repo (c Sludne Transfer Pun,o ro 1?j,Pesicr Recurulat inn Replace Secondary Digester Dome IndustrtaPun Statyon5creening lr rovernents ....... ._, ......�,.... meats Hurdene e Range. I y IRtcrdened Milt) Total. Fully Burdened Labor Cost: Direct Nino -Salary Cost: Mileage & Expenses (Mileage @ current IRS rate) Subcoosultant Connetix Engineering - Electrical Predesign Connetix Engineering - Electrical Design Digester improvements 4 174 1200 to S250 4 4 32 SO 4 32 4 286 $140 to $245 22 S 732,906,00 S 3,200,00 (3 300.00 Primary Digester MCC Replacement k 52,000 00 Mixer Rebels/Replacement \ 13,000,00 Miscellaneous Piping/Gas System Lnprovements 5 10.000 00 Upgrade Sludge Transfer Pump S 13,0116,00 Upgrade Secondary Digester Recirculation Pump K 10,000 00 UASB Valve Conductor Replacement! 1teat Exchanger S 8,500.00 industrial Pump Station Set Bening Improvements Design 1) 10,000 00 Connell Engineering - Electrical Construction Admin Digester Improvements Primary Digester MCC' Replacement 0 35,340.00 Mixer Rehab/Replacement 9 8,835 00 Miscellaneous Piping/Gas System Improvements S 7,200.00 Upgrade Sludge Transfer Pump fi 8,835.00 Upgrade Secondary Digester Recirculation Pump S 6,796.00 DAS)) Valve Conductor Replaeesnenti Neat Exchanger a 6,500 00 Industdat Pump Station Screening Improvements Design 6,796.00 Connetix Engineering - PLC and HMI Programming Digester Improvements Primary Digester MCC/PLC Replacement 5 45,000 00 Mixer Robb/Replacement 5 5,000 00 Miscellaneous Piping/Gas System Improvements 5 8,500 00 Upgrade Sludge Transfer Pump 5 5,001) 1)11 Upgrade Secondary Digester Recirculation Pump S 3,500.00 UASB Valve Conductor Replacement/ Heat Exchanger S 7,1100 00 Industrial Pump Station Screening Tenor ovements Design S 5,000.00 O&M Training, 1 inontb & 3 month (two days total) ,S 3,200.00 Evergreen Coating Engineers - Coatings Predesign&Design Digester Improvements Cleaning, Inspection, Structural Repairs, Coating S 23,100.00 Evergreen Coating Engineers - Coatings Construction Admin Digester Improvameals Cleaning, tnspection, Structural Repairs, Coating ti 63,000.00 Subcmrsultant Overhead (L0%) $ 37,890.20 TOTAL ESTIMATED COST: S1,152,898.20 3204,452 Actual processional fees will be based on the Schedule of Rates. Exhibit C. Total Cost Not to Exceed ,51,152,898,20, Page 24 of 25 44 6 4 2 32.. 24 500 20 to S2 1 2 43 5,12 43,00 ba EXHIBIT C Schedule of Rates 2023, 2024, 2025, 2026 Description Principal III Principal II Hourly Rate $263.00 $230.00 Principal I $212.00 Project Manager $ 1 8 6 . 0 0 Structural Engineer $234.00 Project Engineer $166.00 Civil Engineer III $152.00 Civil Engineer II $148.00 Civil Engineer I $122.00 Electrical Engineer II $241.00 Electrical Engineer I $209.00 Environmental Technician $156.00 AutoCAD Technician IV $184.00 AutoCAD Technician III $154.00 AutoCAD Technician II $133.00 AutoCAD Technician I $126.00 Professional Land Surveyor $197.00 Field Surveyor II Field Surveyor I $145.00 $93.00 Construction Inspector $151.00 NOTE: Subconsultants will be identified on a task - by -task basis and will be invoiced at cost plus a 10% overhead fee. Page 25 of 25 ACC:PREP CERTIFICATE OF LIABILITY INSURANCE DATE (MM(DD/YYYY) 7/19/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, If SUBROGATION IS WAIVED, subject to the terms and conditions this certificate does not confer rights to the certificate holder in lieu PRODUCER AssuredPartners Design Professionals Insurance Services, LLC 19689 7th Ave NE, Ste 183 PMB #369 Poulsbo WA 98370 the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. of the policy, certain policies may require an endorsement. A statement on of such endorsement(s). 1-teri*e#2. 8003745 INSURED 4 Gray & Osborne Inc 1130 Rainier Avenue South, Suite 300 Seattle WA 98144 COVERAGE CONTACT AAA( g'L Allison Barg! PHONE I FAX 1,10,1m1 360-626-2007 ADElgtEt.ss; aliison.barga@assuredpartners.com INSURERIS) AFFORDING COVERAGE NAIC # 5INSURER A: The Travelers Indemnity Company of Connecticut 2 682 INSURER B: Travelers Properly Casualty Company of America 25674 INSURER C : Travelers Casualty and SureAy_Company 19038 INSURER D: INSURER E: INSURER F: CERTIFICATE NUMBER: 91388850 REVISION NUMBER: THIS IS TO CER11FY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CER11FICATE MAY BE ISSUED OR MAY PERTAIN, 11-IE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOVVN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ADDLISUBF LTR TYPE OF INSURANCE oral WVD POLICY NUMBER POLICY EFF POLICY EXP IMM/DD/YYM f MM/DIWYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY i CLAIMS -MADE I X OCCUR X I OCP/XCU/BFPD X Sparation Insds GENII AGGREGATE LIMIT APPLIES PER: FOLICY,XI PRIC>" JECT LOC OTHE 6808N74449A 9/ 0/2022 9/10/202 EACH OCCURRENCE $ 1,000,000 'DAMAGE IT-O RENTEb „PBEWgaaa..R.ggErtegge.).„ $ 300,000 MEDEXP(y (:)n!...Yers9T9 $ 10.000 PERSONAL & ADV INJURY $ 1,000.000 GENERAL AGGREGATE $ 2,000.000 PRODUCTS - COMP/OP AGG $ 2,000,000 A AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY 1-- SCHEDULED 1 AUTOS I NON-OVVNED L.__ AUTOS ONLY I BA8P536892 9/10/2022 9/10/2023 COMBINED SINGLE LIMIT Ei...eccittemIL. BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE ,1P,Rf C0Its4P.0 $ 1,000,000 UMBRELLA LIAB x OCCUR EXCESS LIAB 1 CLAIMS -MADE DED X RET8NTPQNS1J1rwQ WORKERS COMPENSATION AND EMPLOYERSLIABILITY ANYPROPRIETORPARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED? (Mandatory In NH) If yes, describe under DESCRiPTION OF OPERATONS baiow YIN N/A CUP8N747012 6808N74449A 9/10/2022 9/10/2022 9/10/2023 9/10/2023 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000000 PER ,1.273."- INA „WT. E L EACH ACCIDENT $ 1.000,000 E L, DISEASE- EA EMPLOYEB $ 1.000.000 E L, DISEASE - POLICY LIMIT $ 1, 0 .0 0 Professional Liab: Claims Made Pollution Liab: Occurrence Form 105339819 9/10/2022 9/10/2023 2,000,000 Per Claim 2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Yakima - WWTF - Primary Digester and UASB Improvements The certificate holder is an additional insured per the attached. CERTIFICATE HOLDER City of Yakima 2220 East Viola Ave Yakima WA 98901 ACORD 25 (2016/03) CAN ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Po|icy# 6808m7*44eA COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY' �� . 11W A, AD C IT,'TS I , G I ITIONNSUUR `EERS ��;, #� ��UU11 �S) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART t The following is added to SECTION U —WHO IS AN|NSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as anadditional insured onthis Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" ur"personal irjury";and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you oryour subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions ufsuch person ororganization; or d. For "bodily injury'. "property damage" or ,.personal injury" for which such person or organization has assumed liability in a contract oragreement. The insurance provided tnsuch additional insured islimited asfollows: e. This insurance does not apply on any basis to any person or organization for which coverage asanadditional insured specifically is added by another endorsement to this Coverage Part. t This insurance does not apply to the rendering of or failure to render any "professional services". |nthe event that the Limits ofInsurance ufthe [overage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall belimited tothe limits ofliability required bythat "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section A|| — Limits CfInsurance. 9. h. This insurance does not apply to "bodily injury" or "property damage" caused by work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever isearlier. 2. The following is added to Paragraph 4.a. of SECTION |V — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such |uss, and wewill not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage issought occurs; and (3) The "personal injury" for which coverage is sought arises out ofanoffense committed; after you have signed that "written contract requiring insurance" But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. @en1sThe Travelers Indemnity Company. All rights reserved. Page of COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8', Transfer Of Rights Of Recovery Against Others TmUs, of SECTION [V— COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, oronyour behalf, dune under a"written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when. the "bodily injury" or "property damage" occurs. or the "personal injury" offense /scommitted. Page 2 of 2 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required toinclude aperson urorganization asan additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused byanoffense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c' Before the end of the policy period. ' mcnmThe Travelers Indemnity Company. All rights reserved, CG D38109 15 1 .. a, ____,) BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.H. For Meeting of: September 5, 2023 ITEM TITLE: Resolution authorizing an agreement with Gray& Osborne, Inc. to provide engineering services for City of Yakima Project WF2715 Primary Digesters and UASB Improvements at the Wastewater Treatment Plant SUBMITTED BY: Scott Schafer, Director of Public Works *Mike Price, Wastewater/Stormwater Manager 249-6815 SUMMARY EXPLANATION: The City of Yakima (City)Wastewater Treatment Plant utilizes three anaerobic digesters to meet EPA Class B biosolids standards and an Upflow Anaerobic Sludge Bed (UASB) digester to pretreat industrial wastewater from fruit processors. The proposed agreement with Gray& Osborne, Inc. provides engineering services for the cleaning, coating, structural repairs and modifications, and replacement of ancillary equipment to maintain reliable biosolids and industrial waste 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 12304Q in selecting Gray& Osborne, Inc. to provide design, bidding, and construction engineering services for City Project WF2715. The terms of the Agreement would be in an amount not to exceed One Million One Hundred Fifty-Two Thousand Nine Hundred and Eight Dollars ($1,152,908.) and 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. ATTACHMENTS: 2 Description Upload Date Type D Resolution 8/15/2023 0 Contract 8/14/2023 Contract Supplemental Agreement Supplemental Agreement Organization and Address: Number: 1 Gray& Osborne, Inc. 1130 Rainier Avenue South Suite 300 Seattle WA, 98144 Attn: Michael B, Johnson Original Contract Number: Execution Date of Supplement: 2023-150 1 September 6, 2023 City Engineering Project Number: WF2715 Completion Date of Supplement: At Project Completion Project Title: Maximum Amount Payable this Supplement: Primary Digesters and UASB Improvements $26,130.00 Project Original Contract Amount: $1,152898.20 Maximum Total Contract Amount: $1,179,028.20 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 September 6, 2023 by Resolution No. 2023-118 and identified as Contract 2023-150. 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 a separate design, bid package and construction administration effort for the replacement of the primary digester overflow pipe as 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$26,130.00. The total amount payable for the Agreement including supplemental#1 is not to exceed$1,179,028.20. 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: Michael B. Johnson, P.E., President By: 1DCLl)'( -010-C ) Consuttant Signature CityMana er 9 awl a�a�- Date CITY CONTRACT N �#/ RESOLUTION NO: rr (Mareh 13.2024) Page 1 of 6 EXHIBIT A SCOPE OF WORK CITY OF YAKIMA YAKIMA PROJECT NUMBER: WF2715 WWTF—PRIMARY DIGESTER AND UASB IMPROVEMENTS PROJECT ADDITIONAL SERVICES,OVERFLOW PIPE REPLACEMENT PROJECT 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 executed a contract with Gray& Osborne to provide design and construction administration for a number of improvements at the City's Digesters and UASB process. Included in those services was Miscellaneous Piping/Gas System Improvements(item 3 on the original scope of work). The original intention was to issue two bid packages for various work at the UASB and the digesters including pipe replacements. However, recently the City had a major failure of the overflow piping at Primary Digester 1. Due to the condition of the pipe and the high probability of pipe failure again, this contract supplement will include a separate design, bid package and construction administration effort for the replacement of this pipe to happen immediately 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. Task 2—Contract Documents A Task 2 shall include the preparation of plans,technical specifications, contract documents and cost estimates for the Primary Digester Pipe Replacement Project. 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. B. One copy of preliminary plans, specifications, and cost estimates will be provided to the City at the 60 percent and 90 percent levels of completion for review and comment. A PDF electronic copy will also be provided at each of these (March 13,2024) Page 2 of 6 submittals. Gray & Osborne will review the documents with the City to obtain comments and/or suggested design revisions and revise the documents accordingly. Task 3—Bid Services A. This task will include the preparation of final contract documents and assist the City with advertising the project for small works roster bid. One hard copy of the plans and specifications will be provided to the City along with a digital copy of the plans and specifications for the City's use. B. Gray & Osborne will respond to bidder's questions and prepare addenda as needed. C. 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 A. Distribute and obtain required contract signatures and review bonds and insurance, for the final signed Contracts Task 4—Services During Construction A. 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. B. Coordinate and conduct two construction meetings. C Provide submittal review/approval. Review shop drawings and submittals for compliance with design intent and general conformity with the Contract Documents. D. 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. E. Field inspection: Full-time field inspection of the work will be performed by the Engineer to ensure conformance to the Contract Documents. The scope of work includes 40 hours of inspection. (March 13.2024) Page 3 of 6 F. 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. G. Prepare and transmit the preliminary and final punch lists, subsequent to their respective walk-throughs including punch list items for monitoring, control and operation displays. H. Prepare and transmit a recommendation to the City to accept the project as complete. I. Maintain throughout the project and Provide final As-built record drawings to the City. One hard copy and one PDF. 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 13.2024) Page 4 of 6 EXHIBIT B ENGINEERING SERVICES SCOPE AND ESTIMATED COST City of Yakima-Primary Digesters and UASB Improvements Project, Additional Services, Overflow Pipe Replacement Project I Project Inspection AutoCAD Principal I, II, Project Manager Engineer Services Tech I, II,III, Tasks III Hours Hours Hours Hours Hours 1 Provide Project Management 2 6 2 Design- Contract Documents, Pipe Replacement 2 6 40 24 3 Bid Services 2 2 2 4 Construction Services 2 6 32 40 4 Hour Estimate: 8 20 74 40 28 Fully Burdened Billing Rate Range:* $200 to $250 $140 to $245 $125 to $185 $140 to $160 $119 to $175 Estimated Fully Burdened Billing Rate:* $200 $177 $158 $143 $126 Fully Burdened Labor Cost: $1,600 $3,540 $11,692 $5,720 $3,528 Total Fully Burdened Labor Cost: $ 26,080 Direct Non-Salary Cost: Mileage& Expenses (Mileage @ current IRS rate) $ 50 TOTAL ESTIMATED COST: $ 26,130 * Actual professional fees will be based on the Schedule of Rates, Exhibit C. Total Cost Not to Exceed$26,130. (March 13,2024) Page 5 of 6 EXHIBIT C Schedule of Rates 2023, 2024, 2025, 2026 Description Hourly Rate Principal III $263.00 Principal II $230.00 Principal I $212.00 Project Manager $186.00 Structural Engineer $234.00 Project Engineer $166.00 Civil Engineer III $152.00 Civil Engineer II $148.00 Civil Engineer I $122.00 Electrical Engineer II $241.00 Electrical Engineer I $209.00 Environmental Technician $156.00 AutoCAD Technician IV $184.00 AutoCAD Technician III $154.00 AutoCAD Technician II $133.00 AutoCAD Technician I $126.00 Professional Land Surveyor $197.00 Field Surveyor II $145.00 Field Surveyor I $93.00 Construction Inspector $151.00 NOTE: Subconsultants will be identified on a task- by-task basis and will be invoiced at cost plus a 10% overhead fee. (March 13,2024) Page 6 of 6