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HomeMy WebLinkAbout07/06/2010 09 Thomas E. Coleman, P.E. Consulting Services Agreement 0 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9 For Meeting Of 07/06/10 ITEM TITLE: Request approval of a resolution authorizing the City Manager to execute an agreement with Thomas E. Coleman, P.E. Consulting Services and the City of Yakima. SUBMITTED BY: Dave Zabell, Assistant City Manager Scott Schafer, Wastewater Manager Max Linden, Utility Engineer CONTACT PERSON /TELEPHONE: Max Linden /575 -6077 SUMMARY EXPLANATION: Mandatory planning, coordination, and process analysis is required to address regulatory requirements including the Wastewater Facilities Plan update, Sanitary Sewer System comprehensive Plan, outfall relocation made necessary by the planned Gap to Gap levee setback and nutrient standards that the Department of Ecology will develop with a scheduled Total Maximum Daily Load (TMDL). A Professional Licensed Engineer is required by the State 0 of Washington to perform these services. Services not to exceed $260,000. The outfall issue will impact the mixing zone for the WWTP and will require compliance to our mandated NPDES discharge permit. The nutrient TMDL will impact the WWTP by adding new Mandated permit requirements to the WWTP NPDES discharge permit. (...continued on next page) Resolution X Ordinance _ Other (Specify) to authorize use of budgeted funds for Phase One WWTP Improvements Contract -- Mail to (name and address): Funding Source WW Facilities Project fAZ8 Fund) Budge ' APPROVED FOR SUBMITTAL: " City Manager STAFF RECOMMENDATION: Staff respectfully requests City Council approve the resolution. BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: l Page 1 (...continued from page 1.) The relocation of the WWTP outfall and mixing zone made necessary by a future levee setback will require the preparation of an engineering report in accordance with WAC 173 -240 for approval of the Department of Ecology prior to implementation. The engineering report will need to consider a range of alternatives. Alternatives involving piping the effluent to a new mixing zone upstream or downstream of the existing mixing zone would be very expensive and would face significant technical and environmental challenges. The most promising concept for outfall relocation identified to date would involve the incorporation of a new mixing zone into a restored flood plain habitat on City -owned property adjacent to the WWTP. Preliminary discussions have been held with a number of stakeholder agencies and technical specialists with jurisdiction and expertise including the Department of Ecology, Yakima County, USBR, USGS, and the Yakima Basin Fish and Wildlife Recovery Board to gain their input and to better assess the feasibility of the concept. Thus far, the response from all agencies has been positive. At the same time, based on input from these stakeholder agencies, it is clear that the engineering report will need to address a wide range of technical issues which could take up to two years to complete. Extensive evaluation will be required utilizing expertise in areas including, but not limited to, groundwater hydrology of the hyporheic zone, floodplain geomorphology, limnology, hydraulics, botany, soils analysis, and chemistry. The scope of work to be added under the proposed contract will include continuation of stakeholder agency coordination related to outfall relocation concept evaluation, defining the full scope of work for the Outfall Relocation Engineering Report to be developed starting in 2010 and identifying a team of professionals with the necessary expertise who will contribute to the development of that engineering report. _ The WWTP Facilities Plan and Sanitary Sewer System Comprehensive Plan is required to be updated with the renewal of the Cities Wastewater and Storm Water NPDES permits. Updating these plans to current conditions will allow the City of Yakima to apply for financial assistance. Assistance with this plan will be included in this scope of work. The proposed contract scope will also include continuation of process analyses and evaluation identifying cost effective near term WWTP modifications which will be recognized by the Department of Ecology as pre - implementation of nutrient standards for phosphorous and nitrogen to be developed from the Department of Ecology's TMDL while at the same time addressing current operational problems including those related to seasonal treatment of high strength industrial wastewater and struvite precipitation which currently clogs digested sludge and centrate piping. 411 Page 2 RESOLUTION NO. R -2010- A RESOLUTION authorizing the City manager to execute an agreement with Thomas E. Coleman, P.E. Consulting Services and City of Yakima WHEREAS, the City of Yakima owns and operates wastewater collection and treatment facilities in accord with applicable Federal, State and Local regulations; and WHEREAS, Mandatory planning, coordination, and process analysis is required to address regulatory requirements including the Wastewater Facilities Plan update, Sanitary Sewer System comprehensive Plan, outfall relocation made necessary by the planned Gap to Gap levee setback and nutrient standards that the Department of Ecology will develop with a scheduled Total Maximum Daily Load (TMDL); and WHEREAS, the City, wishes to ensure that necessary investments into its wastewater systems are identified with sufficient lead time and detailed analysis to secure the most appropriate alternatives and financing methods to accommodate regulatory requirements, community growth, replacement needs, and operational efficiencies; and WHEREAS, Further coordination, planning and process analysis is now required to develop the Engineering Reports for the Wastewater Treatment Plant outfall relocation and regulatory mandates for nutrient criteria from the Total Maximum Daily Load (TMDL) analysis to be completed by the Department of Ecology; and WHEREAS, the City is required to update its Comprehensive Sewer Plan every five years and maintain a current Facilities Plan to qualify foe financial assistance; and WHEREAS, with the addition of these mandated requirements, use of budgeted funding is required to continue with current efforts to address these issues; and WHEREAS, The state of Washington requires these services to be performed by a Professional Licensed Engineer, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the amended engineering services agreement with Thomas E. Coleman, P.E. Consulting Services to provide continued process analysis for the Wastewater Division a copy of which amended Exhibit "A" of the 2010 agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 6 day of June, 2010. Micah Cawley, Mayor ATTEST: 41 1 City Clerk • CITY OF YAKIMA AND THOMAS E. COLEMAN, P.E. CONSULTING SERVICES • PROFESSIONAL SERVICES AGREEMENT 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 Thomas E. Coleman, P.E. Consulting Services, a company licensed to do business in Washington (hereinafter the "Engineer "). WHEREAS, the City desires to retain the Engineer to provide facilities planning, design, and construction related engineering support services in connection with additions and modifications to the City of Yakima Regional Wastewater Treatment Plant (YRWWTP) needed to meet current and anticipated regulatory requirements pertaining to wastewater and biosolids treatment and disposal processes, and other related wastewater treatment plant planning support services; and WHEREAS, the Engineer has the experience and expertise necessary to provide such independent Engineering services and is willing to provide the services in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and . agreements set forth herein, it is agreed by and between the City and the Engineer as follows: 1. Scope of Services. The Engineer shall provide engineering services in support of ongoing YRWWTP facilities planning, design and implementation of improvements being conducted by City staff and the City's other engineering consultants. The scope of services is described in more detail in Exhibit "A" attached and incorporated by this reference. 2. Additional Services. a. City and Engineer agree that not all services to be performed by Engineer can be defined in detail at the time this Agreement is executed, and that Additional Services not covered in Exhibit "A" may be needed during performance of the Agreement. City may, at any time, by written order, direct Engineer to revise portions of Basic Services previously completed in a satisfactory manner, delete portions of Basic Services, suspend Basic Services, terminate Basic Services or request that Engineer perform Additional Services beyond the scope of Basic Services. Such changes hereinafter shall be referred to as "Additional Services ". b. If such Additional Services cause an increase or decrease in Engineer's cost of, or time required for, performance of any services under this Agreement, a contract price and /or completion time adjustment pursuant to this Agreement may be made and this Agreement may be modified in writing accordingly. c. Compensation for each such request for Additional Services will be negotiated by City and Engineer according to the provisions set forth in Section 3. Engineer shall not perform any Additional Services until authorized by City in writing; . and once, so authorized, such Additional Services shall be considered part of Basic Services. If mutual agreement on compensation or time adjustment cannot be concluded, Engineer is required • Page 1 of 8 City of Yakima and Thomas E. Coleman, P.E. Consulting Services Professional Services Agreement to perform the Basic and Additional Services, reserving a right for equitable adjustment; provided, that in no event shall any amount be allowed for anticipated profit or unperformed Basic Services or Additional Services. If City and Engineer cannot agree upon an equitable adjustment in the time for Additional Services beyond the scope of Basic Services within thirty (30) days of the Engineer's written request for equitable adjustment, performance of such Additional Services may be suspended by Engineer until City and Engineer mutually agree upon the time adjustment. 3. 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 terminated sooner by either party in accordance with Section 20. The Engineer shall provide such services as are described on executed task orders in accordance with the time schedule set forth in Exhibit A. When directed by the City, the Engineer shall proceed in a timely and diligent manner to provide all services required hereunder. . 4. Consideration. a. The City shall pay the Engineer for basic services described in Exhibit A, in accordance with the payment schedule set forth in Exhibit "B" based on Engineer's direct salaries plus Direct Expenses, plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. Direct salaries are the amount of wages or salaries paid Engineer's employees for basic services directly performed and described in Exhibit A, exclusive of all payroll related taxes, payments, premiums, and benefits. Direct salaries may be increased once on an annual basis. Unless the parties • otherwise modify this Agreement, the total compensation paid to the Engineer for all services provided under this Agreement shall not exceed Two Hundred Sixty Thousand Dollars ($260,000.00). b. Direct Expenses are those necessary costs and charges incurred for Basic Services including, but not limited to: (1) the direct costs,of transportation, meals and lodging; (2) insurance, letters of credit, bonds, and equipment and supplies, specific to the Basic Services and approved in advance by the City; and (3) Engineer's direct costs for subcontracted professional services, laboratory tests, analysis, printing and reproduction services, and CADD services. c. Travel costs, including transportation, lodging, subsistence and incidental expenses incurred by employees of the Engineer and each of the Sub - consultants in connection with Basic Services, shall be subject to the following; • 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 Basic Services. 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 $40 per day per person. This rate may be adjusted on a yearly basis • Those accommodations shall be at a reasonably priced hotel /motel. • That air travel shall be by coach class, and shall be used only when absolutely necessary. 410 Page 2 of 8 City of Yakima and Thomas E. Coleman, P.E. Consulting Services Professional Services Agreement • 0 , d. Telephone charges, in -house computer charges, in -house reproducti charges, first class postage, overnight mail and shipping and FAX charges are not included in the direct expense costs, but are considered included in the Schedule of specific Hourly Billing Rates. • e. Professional Sub- Consultants. Professional Sub - consultants are those costs for Engineering, management consulting, surveying, geotechnical services and similar professional services approved in advance by the City. Reimbursement for Professional Sub- consultants will be on the basis of 1.10 times the actual costs billed by the Professional Sub - consultant for services provided to the City through this Agreement. f. The Engineer shall submit to the City monthly invoices itemizing tasks accomplished and percent completed to date. Upon receipt of said monthly invoice, the City shall make payment to the Engineer within thirty (30) calendar days; provided, however, that all payments are expressly conditioned upon the Engineer's providing services that are satisfactory to the City. g. The Engineer shall maintain adequate files and records to substantiate all . amounts itemized on the monthly invoices. In the event that either party .exercises its right to terminate this Agreement in accordance with Section 20, the Engineer shall be compensated in accordance with the above terms for all satisfactory services provided to the City up to the effective Agreement termination date. • 5. Information Provided by the City. The Engineer shall provide guidance to the City in determining the data required for purposes of the contemplated services. The City agrees to use reasonable efforts to provide data and information specifically requested by the Engineer. 6. Status of Engineer. The Engineer and the City understand and expressly agree that the Engineer is an independent contractor in the performance of each and every part of this Agreement. No officer, employee, volunteer and /or agent of Engineer shall act on behalf of or represent him or herself as an agent or representative of the City. The Engineer, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The Engineer expressly represents warrants and agrees that its status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the six -part independent contractor test set forth in RCW 51.08.195. The Engineer and its officers, employees, volunteers, agents and /or • subcontractors shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and /or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between the Engineer and the City. 7. •Inspection and Audit. The Engineer 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 Page3of8 City of Yakima and Thomas E. Coleman, P.E. Consulting Services Professional Services Agreement . • and /or the Washington State Auditor at all reasonable times and the Engineer shall afford the proper facilities for such inspection and audit. Such books of account and records may be copied by representatives of the City and /or the Washington. State Auditor where necessary to conduct or document an audit. The Engineer 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. 8. Taxes and Assessments. The Engineer shall be solely responsible for compensating its employees, agents, and /or subcontractors 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, the Engineer shall pay the same before it becomes due. 9. Nondiscrimination Provision. During the performance of this Agreement, Engineer 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. 10. The Americans with Disabilities Act. The Engineer 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 RCW Chapter 49.60 and its 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. 11. Compliance with Law. The Engineer agrees to perform those 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. 12. No Conflict of Interest. The Engineer covenants that neither it nor its employees have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any. manner or degree with the performance of this Agreement. The Engineer further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 13. No Insurance. It is understood the City does not maintain liability insurance for the Engineer and its officers, directors, employees and agents. • Page 4 of 8 City of Yakima and Thomas E. Coleman, P.E. Consulting Services Professional Services Agreement • • 14. Indemnification. • • a. The Engineer agrees to hold harmless and indemnify the City, its elected officials, officers, employees, and agents from and against suits, actions, claims, liability, damages, judgments, costs of defense and expenses (including reasonable attorney's fees) which result from or arise out of the negligence of the Engineer, its officers, agents; employees or subcontractors in connection with or incidental to the performance or non- performance of this Agreement. b. The City agrees to hold harmless and indemnify the Engineer, its officers, • employees, and agents, from and against suits, actions, claims; liability, damages, judgments, costs of defense and expenses (including reasonable attorney's fees) which result from or arise out of the negligence of the City, its officers, agents, employees or subcontractors, in connection with or incidental to the performance or non - performance of this Agreement. c. In the event that both the Engineer and the City are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees). d. The foregoing indemnity is specifically and expressly intended to constitute a waiver of the Engineer's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide the indemnified party with• a full and complete indemnity of claims made by the Engineer's employees. The parties acknowledge that these provisions were specifically negotiated ill and agreed upon by them. • e. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. f. This Section of the Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 15. Insurance Provided by Engineer. • a. Professional Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance as evidence of professional liability coverage with a limit of at least One Million Dollars ($1,000,000.00) for each wrongful act and an annual aggregate limit of at least Two Million Dollars ($2,000,000.00). The certificate shall clearly 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 claim made basis, the retroactive date of the insurance policy shall be on or before the date this contract is executed by both parties . hereto, or shall provide full prior acts coverage. The insurance coverage or substantially identical coverage sufficient to fully satisfy these requirements shall remain in effect during the term of this Agreement . and for a minimum of three (3) years following the termination of this Agreement. b. Commercial Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence /aggregate limit bodily injury and property Page5of8 City of Yakima and Thomas E. Coleman, P.E. Consulting Services • Professional Services Agreement damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said • policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insured as to this project only and shall contain a clause that the insurer will not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar days' prior written notice. The insurance shall be with an insurance company or a company rated A -VII or higher in Best's Guide and admitted in the State of Washington. c. Commercial Automobile Liability. Insurance. On or before the date this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance as .proof of commercial automobile liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence /aggregate limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insured as to this project only and shall contain a clause that the insurer will not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar days' prior written notice. The insurance shall be with an insurance company or a company rated A -VII or higher in Best's Guide and admitted in the State of Washington. d. Insurance Provided by Subcontractors. The Engineer shall ensure that all subcontractors it utilizes for work/services required under this Agreement shall comply with all of the above insurance requirements. However, professional liability will not be • required unless the subcontractor is involved in design or Engineering services. 16. Delegation of Professional Services. The services provided for herein shall be performed by the Engineer and no person other than regular associates or employees of the Engineer shall be engaged upon such work or services except upon written approval of the City. 17. Assignment. This Agreement, or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by the Engineer 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 the Engineer stated herein. 18. Waiver of Breach. A waiver by either party hereto of a breach by 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. 19. Dispute Resolution. The parties • shall strive to resolve all disputes through negotiation in good faith as the preferred approach to dispute resolution and may consider mediation as a supplement or alternative where mutually agreed to in writing. Page6of8 City of Yakima and Thomas E. Coleman, P . Consulting Services Professional Services Agreement • • • 20. Termination. Either party may terminate this Agreement at any time, with or without cause, by providing the other party with written notice of termination ten (10) calendar days prior to the termination date. 21. Severabilitv. 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. 22. 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: Max Linden, Utility Engineer • Wastewater Manager 2220 East Viola Yakima, WA 98901 TO Engineer: Thomas Coleman, P.E. 105 South 3 Street Yakima, WA 98901 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. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 23. Third Parties. The City and the Engineer 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. 24. Drafting of Agreement. Both the City and the Engineer 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. 25. Integration. This written document constitutes the entire Agreement between the City and the Engineer. 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 upon' either party unless such change or addition be in writing and executed by both parties. 26. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. •. 27. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. • . Page7of8 City of Yakima and Thomas E. Coleman, P.E. Consulting Services Professional Services Agreement • 28. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. CITY OF YAKIMA THOMAS E. COLEMAN, P.E. CONSULTING SERVICES By: • By: R. A. Zais, Jr., City Manager • Date: Date: ATTEST: • Deborah Kloster, City Clerk City Contract No. • City Resolution No. • • • • • • Page8of8 • City of Yakima and Thomas E. Coleman, P.E. Consulting Services Professional Services Agreement • Exhibit "A" City of Yakima Wastewater Treatment Plant Facilities Planning and Related Services Thomas E. Coleman, P.E. Consulting Services Scope of Work WORK PACKAGE 1 - Facilities Planning and Related Services BASIC SERVICES - The Engineer shall provide facilities planning, design, and construction related engineering support services in connection with additions and modifications to the City of Yakima Regional Wastewater Treatment Plant (YRWWTP) needed to meet current and anticipated regulatory requirements pertaining to wastewater and biosolids treatment and disposal processes, and other related wastewater treatment plant planning support services.. Task 1- Develop a Struvite recovery system engineering report for submittal to the Department of Ecology, if necessary. (prepared with input from Pharmer Engineering).. Task 2-- ' Develop a Sanitary and Storm Sewer planning needs assessment .to be used in determining scope and budget costs for a General Sewer Plan and a Stormwater Master Plan. Task 3 - Engineering Report for Aeration Basin modifications to achieve biological phosphorus removal (mixer installation and aeration diffuser modifications). 410 Task 4 - Assist Pacific Power with analyses of energy efficiency measures including the struvite recovery project and the aeration basin mixer installation. Task 5 - Assist with procurement of Aeration Basin mixers and new fine bubble . diffusers through the development specifications, drawings and other bid related documents. Task 6 — Provide Facilities planning related t� sprayfield restoration and subsequent incorporation of the YRWWTP Outfall into the restored riparian /floodplain area. The first phase of this project would be an engineering report submitted to the Department of Ecology for approval of the Outfall relocation conceptual design. This project will need to be coordinated closely with the Gap to Gap working group, the North Yakima Conservation District, and other stakeholders. It is anticipated that technical support for this facilities planning element will need to be obtained from additional consultants with specific expertise in hydrogeology, geomorphology, and flood plain processes. Task 7 - Work on Conservation Innovation. Grant (CIG) application and coordinate the City's involvement in the CIG project if a grant is awarded to the RC &D. Coordinate with other stakeholders to seek funding and other resources to support the development of an ecosystem services market framework in the Yakima Basin. Task 8 - Support City staff in the effort to ensure meaningful stakeholder input to the upcoming TMDL implementation for the Yakima River. Obtain the input of recognized experts in the fields of water quality modeling and Iimnology where appropriate and available Task 9 - Coordinate with the General Sewer Plan and Stormwater Master Plan consultant to incorporate the relevant information from those plans into the Facilities Plan Update. Exhibit "A" Page 1 of 2 Task 10 Evaluate the capacity of the various rocess units and the overall liquid • p q stream and solids handling capacities after the Aeration Basin Bio -P /mixer modifications are complete. Task 11 - Assist WWTP staff with identifying needs and coordinating work on additional WWTP Facilities Plan updates and amendments including, but not limited to, SCADA system upgrades, electrical distribution system improvements, solids handling systems modifications, cogeneration, final clarifiers, and headworks.. Task 12 - Update the list of short and long term capital improvement needs and the capital improvement plan for the WWTP. WORK PACKAGE-2 - Additional Services BASIC SERVICES = Additional services may be negotiated and mutually agreed to in accordance with Article 2 of the Engineering Services Agreements. • • • •. • • Exhibit "A" Page 2 of 2 • • • EXHIBIT "B" SCHEDULE OF RATES • FOR Thomas E. Coleman, P.E. Consulting Services (May 1, 2010 through December 31, 2010) Invoices from Thomas E. Coleman, P.E. Consulting Services, Inc. include all labor charges, other direct costs, and costs associated with in -house services. Charges _include only those services directly attributable to the execution of the work. Time spent when traveling in the interest of work will be charged in accordance with the hourly rates. Labor charges are based upon standard hourly billing rates for each category of staff. The billing rates include costs for salary, payroll taxes, insurance associated with employment, benefits (including holiday, sick leave, and vacation), administrative overheads, and profit. Rates by labor category are as follows: Personnel Hourly Rate Category Principal /Owner $95.00 Project Manager (same as above) $95.00 Subcontractor costs will be invoiced at direct cost plus an administrative fee of 10 %. Other direct costs, including materials, travel, and subsistence will be invoiced at actual cost. • • • i Exhibit "B" Page 1 of 1 • •