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HomeMy WebLinkAbout01/19/2016 05D 2017 Wastewater Facility Plan Update and Solids Handling Plan; Engineering Services Agreement with CDM Smith, Inc.ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: '1111111 1, nun 11,1:1141r10 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. S.D. For Meeting of: January 19, 2016 Resolution authorizing an engineering and consulting services agreement with CDM Smith, Inc. for engineering and consulting services associated with the 2017 Wastewater Facility Plan update and Solids Handling Plan, not to exceed $514,210 Debbie Cook, Utilities and Engineering Director Mike Price, Wastewater Manager, 509-575-6077 The 2017 Wastewater Facility Plan Update and Solids Handling Plan will fulfill the city's obligations under State of Washington regulations and the Clean Water Act to identify and plan for facility improvements that will ensure the ability of the facility to meet existing and foreseeable effluent discharge permit limits for the 20 year planning period. The Plans will project service area capacity and treatment process requirements out to the year 2035, including the identification of specific facility needs for repairs, replacements, process upgrades, and facilities expansion. The Plan will update the facility capital improvement program with a set of scheduled projects and corresponding estimated capital costs for prioritization into a carefully sequenced program which the city can reasonably fund, finance, and procure grants and low interest loans. Apublic meeting will be held to obtain public input. The final plan must be adopted by the City Council. The completed plan will be incorporated into the City Comprehensive Plan. The Wastewater Division followed the City's procedure for Contracting for Architects and Engineers. Resolution: X Ordinance: X Other (Specify): Contract: X Contract Term: Start Date: End Date: Item Budgeted: Yes Amount: Funding Source/Fiscal Impact: Wastewater Capital Strategic Priority: Improve the Built Environment Insurance Required? Yes Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: City Manager Adopt Resolution for the Wastewater Facility Plan and Solids Handling Plan ATTACHMENTS: Description Upload Date D resdiAlon 1/11/2016 D Wastewater FP/SHP CIDM C;oarad 12/17/2015 D Wastewater FP/SHP F..x A 12/17/2015 D Wastewater FP/SHP F..x 8 12/17/2015 D Wastewater FP/SHP F..x C; 12/17/2015 Type Cover Memo Resollution Resollution Resollution Resollution A RESOLUTION RESOLUTION NO. R -2016 - authorizing the City Manager to execute the attached and incorporated engineering and consulting services agreement with CDM Smith, Inc. for engineering and consulting services associated with the 2017 Wastewater Facility Plan Update and Solids Handling Plan, not to exceed $514,210. WHEREAS, the City of Yakima Wastewater Division requires engineering and consulting services associated with the 2017 Wastewater Facility Plan Update and Solids Handling Plan; and WHEREAS, the plans must be prepared by a licensed Professional Engineer; and WHEREAS, the City of Yakima Wastewater Division representatives have complied with the provisions of RCW 39.80 which concerns the procurement of engineering and architectural services by a city; and WHEREAS, the Wastewater Division used the City procedure for Contracting for Architects and Engineers; and WHEREAS, the City of Yakima Wastewater Division representatives will continue to comply with the provisions of RCW 39.80 which concerns the procurement of engineering and architectural services by a city for future engineering and architectural services; and WHEREAS, CDM Smith, Inc. has the necessary expertise and experience to perform and provide the required engineering consulting services and is willing to do so in accordance with the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City to enter into an agreement with CDM Smith, Inc. for engineering and consulting services associated with the 2017 Wastewater Facility Plan update and Solids Handling Plan; Now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated engineering and consulting services agreement with CDM Smith, Inc. for engineering and consulting services associated with the 2017 Wastewater Facility Plan update and Solids Handling Plan. ADOPTED BY THE CITY COUNCIL this 19th day of January, 2016. ATTEST: Mayor Sonya Claar Tee, City Clerk For City of Yakima Use Only: Contract No. Project No. Resolution No. SOQ No. AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND CDM SMITH, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this day of , 2016, by and between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North Second Street, Yakima, WA 98901, hereinafter referred to as "CITY", and CDM Smith Inc. with its principal office at 14432 SE Eastgate Way, Ste 100, Bellevue Washington 98007, hereinafter referred to as "ENGINEER" and "CONSULTANT"; said corporation and its principal engineers are licensed and registered to do business in the State of Washington, and will provide professional engineering services under this Agreement for preparation of wastewater facility plan and solids treatment plan reports on behalf of the City of Yakima, Project No. , herein referred to as the "PROJECT." WITNESSETH: RECITALS WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and construction of the PROJECT, as described in this Agreement and subsequent Amendments thereto; and WHEREAS, ENGINEER represents that it has available and offers to provide personnel with knowledge and experience necessary to satisfactorily accomplish the work within the required time and that it has no conflicts of interest prohibited by law from entering into this Agreement; NOW, THEREFORE, CITY and ENGINEER agree as follows: SECTION 1 INCORPORATION OF RECITALS 1.1 The above recitals are incorporated into these operative provisions of the Agreement. SECTION 2 SCOPE OF SERVICES 2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in writing by both parties, duties of ENGINEER shall not be construed to exceed those services specifically set forth herein. 2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign, Michael Hyland as Principal -in -Charge throughout the term of this Agreement unless other personnel are approved by the CITY. 2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled "Scope of Work" (WORK) which is attached hereto and made a part of this Agreement as if fully set forth herein. 2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by ENGINEER can be defined in detail at the time this Agreement is executed, and that additional WORK related to the Project and not covered in Exhibit A may be needed during performance of this Agreement. CITY may, at any time, by written order, direct the ENGINEER to revise portions of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the PROJECT, or request that the ENGINEER perform additional WORK beyond the scope of the PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services." 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 City of Yakima — CDM Smith Agreement 2016 Page 1 and/or completion time adjustment pursuant to this Agreement shall be made and this Agreement shall be modified in writing accordingly. 2.2.2 Compensation for each such request for Additional Services shall be negotiated by the CITY and the ENGINEER according to the hourly rates set forth in Exhibit C, attached hereto and incorporated herein by this reference, and if so authorized, shall be considered part of the PROJECT WORK. The ENGINEER shall not perform any Additional Services until so authorized by CITY and agreed to by the ENGINEER in writing. 2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the date of the ENGINEER's receipt of the written notification of change. SECTION 3 CITY'S RESPONSIBILITIES 3.1 CITY -FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the CITY'S possession relating to the ENGINEERS 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 ENGINEERS 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 ENGINEERS 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 for 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 ENGINEERS 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 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 there from. 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. The estimated cost to perform this work, on a time spent basis, plus reimbursement for direct non -salary expenses is as shown in Exhibit B. 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 City of Yakima — CDM Smith Agreement 2016 Page 2 transportation costs, including current rates for ENGINEERS 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 five hundred fourteen thousand two hundred ten Dollars ($514,210.00). The ENGINEER will make 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 ENGINEERS 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 determined by the City necessary to substantiate the costs incurred. CITY will 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) and withholding payment for such item(s). The ENGINEER may resubmit such item(s) in a subsequent invoice together with additional supporting information required. City of Yakima — CDM Smith Agreement 2016 Page 3 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 (61) 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 written acceptance by CITY and after such audit or verification as CITY may deem necessary and execution and delivery by the ENGINEER 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, design, 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 will 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 employees, agents, and representatives, including subconsultants and subcontractors, and shall save and hold CITY harmless therefrom. 6.4 INDEMNIFICATION: (a) ENGINEER agrees to indemnify, and hold harmless the CITY, its elected officials, agents, officers, employees, agents and volunteers (hereinafter "parties protected") from (1) claims, demands, liens, lawsuits, administrative and other proceedings,(including reasonable costs and attorney's fees) and (2) judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind claimed by third parties arising out of, or related to any death, injury, damage or destruction to any person or any property to the extent caused by any default, negligent act, error or omission, or willful misconduct arising out of the Engineer's performance under this Agreement. In the event that any lien is placed upon the City's property or any of the City's officers, employees or agents as a result of the negligence or willful misconduct of the Engineer, the Engineer shall at once cause the same to be dissolved and discharged by giving bond or otherwise. City of Yakima — CDM Smith Agreement 2016 Page 4 (b) CITY agrees to indemnify and hold the ENGINEER harmless from loss, cost, or expense of any kind claimed by third parties, including without limitation such loss, cost, or expense resulting from injuries to persons or damages to property, caused solely by the negligence or willful misconduct of the CITY, its employees, or agents in connection with the PROJECT. (c) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such third party claim, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity will apply for such proportion. (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. 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. For purposes of fulfilling its indemnification obligations to the City, 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 compliance by contractors 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 ENGINEERS 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 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 and judgment in such investigations. SECTION 7 PROJECT SCHEDULE AND BUDGET 7.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component tasks shall be as set forth in this Agreement and attachments. 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. 7.2 Not later than the tenth (10) 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 City of Yakima — CDM Smith Agreement 2016 Page 5 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 request of the CITY 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 service 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 attorneys 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 were caused by the ENGINEER's own negligent acts or omissions. 8.2 The ENGINEER agrees that ownership of any 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 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. 9.3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to records pursuant to this section provided that the ENGINEER is afforded the opportunity for an audit exit conference and an opportunity to comment and submit any supporting documentation on the pertinent portions of the draft audit report and that the final audit report will include written comments, if any, of the ENGINEER. 9.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for WORK on the Project. 9.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately substantiated shall be reimbursed to the CITY. SECTION 10 INSURANCE 10.1 At all times during performance of the Services, ENGINEER shall secure and maintain in effect insurance to protect the City and the ENGINEER from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. ENGINEER shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the rights to require higher limits should it deem it necessary in the best interest of the public. City of Yakima — CDM Smith Agreement 2016 Page 6 10.1.1 Commercial General Liability Insurance. Before this Contract is fully executed by the parties, ENGINEER shall provide the City with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City, its elected officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 10.1.2. Commercial Automobile Liability Insurance. a. If ENGINEER owns any vehicles, before this Contract is fully executed by the parties, ENGINEERshall provide the City with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. b. If ENGINEER does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may be added to the commercial liability coverage at the same limits as required in that section of this Contract, which is Section 10.1.1 entitled "Commercial General Liability Insurance". c. Under either situation described above in Section 10.1.2.a. and Section 10.1.2.b., the required certificate of insurance shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City, its elected officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 10.1.3. Statutory workers' compensation and employer's liability insurance as required by state law. 10.1.4. Professional Liability Coverage. Before this Contract is fully executed by the parties, ENGINEER shall provide the City with a certificate of insurance as proof of professional liability coverage with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per claim, and Two Million Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The insured shall not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this contract. Failure of either or all of the additional insureds to report a claim under such insurance shall not prejudice the rights of the CITY, its officers, employees, agents, and representatives there under. The CITY and the CITY'S elected officials, officers, principals, employees, representatives, and agents shall have no obligation for payment of premiums because of being named as additional insureds under such insurance. City of Yakima — CDM Smith Agreement 2016 Page 7 None of the policies issued pursuant to the requirements contained herein shall be canceled, allowed to expire, or changed in any manner that affects the rights of the City until thirty (30) days after written notice to the CITY of such intended cancellation, expiration or change. SECTION 11 SUBCONTRACTS 11.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract any portion of the WORK to be performed under this Agreement. 11.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any substitutions thereof, will be subject to prior approval by CITY, which approval shall not be unreasonably withheld. Each subcontract shall be subject to review by the CITY'S Representative, if requested, prior to the subconsultant or subcontractor proceeding with the WORK. Such review shall not constitute an approval as to the legal form or content of such subcontract. The ENGINEER shall be responsible for the architectural and engineering performance, acts, and omissions of all persons and firms performing subcontract WORK. 11.3 CITY does anticipate ENGINEER subcontracting with Conley Engineering and with CDM Constructors 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. 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. 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 of all disputes arising under this Agreement shall be Yakima County, State of 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. City of Yakima — CDM Smith Agreement 2016 Page 8 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 PROJECT in the event CITY does not pay invoices when due, except where otherwise provided by this Agreement. The time for completion of the WORK shall be extended by the number of days WORK is suspended. If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to renegotiation, and both parties are granted the option to terminate WORK on the suspended portion of Project in accordance with SECTION 17. SECTION 17 TERMINATION OF WORK 17.1 Either party may terminate this Agreement, in whole or in part, if the other party materially breaches its obligations under this Agreement and is in default through no fault of the terminating party. However, no such termination may be effected unless the other party is given: (1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an opportunity for consultation and for cure with the terminating party before termination. Notice shall be considered issued within seventy-two (72) hours of mailing by certified mail to the place of business of either party as set forth in this Agreement. 17.2 In addition to termination under subsection 17.1 of this Section, CITY may terminate this Agreement for its convenience, in whole or in part, provided the ENGINEER is given: (1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an opportunity for consultation with CITY before termination. 17.3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other WORK, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to the extent of any additional costs or damages CITY has incurred, or is likely to incur, because of the ENGINEERS breach. In such event, CITY shall consider the amount of WORK originally required which was satisfactorily completed to date of termination, whether that WORK is in a form or of a type which is usable and suitable to CITY at the date of termination and the cost to CITY of completing the WORK itself or of employing another firm to complete it. Under no circumstances shall payments made under this provision exceed the contract price. In the event of default, the ENGINEER agrees to pay CITY for any and all damages, costs, and expenses whether directly, indirectly, or consequentially caused by said default. This provision shall not preclude CITY from filing claims and/or commencing litigation to secure compensation for damages incurred beyond that covered by contract retainage or other withheld payments. 17.4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience, the adjustment pursuant to the Agreement shall include payment for services satisfactorily performed to the date of termination, in addition to termination settlement costs the ENGINEER reasonably incurs relating to commitments which had become firm before the termination, unless CITY determines to assume said commitments. 17.5 Upon receipt of a termination notice under subsections 17.1 or 17.2 above, the ENGINEER shall (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver or otherwise make available to CITY all originals of data, drawings, specifications, calculations, reports, estimates, summaries, and such other information, documents, and materials as the ENGINEER or its subconsultants may have accumulated or prepared in performing this Agreement, whether completed or in progress, with the ENGINEER retaining copies of the same. 17.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK to completion utilizing other qualified firms or individuals; provided, the ENGINEER shall have no responsibility to prosecute further WORK thereon. City of Yakima — CDM Smith Agreement 2016 Page 9 17.7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined that the ENGINEER has not so failed, the termination shall be deemed to have been effected for the convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be determined as set forth in subparagraph 17.4 of this Section. 17.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its obligations to complete performance under this Agreement without the concurrence and written approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment shall be made as set forth in subparagraph 17.3 of this Section. SECTION 18 DISPUTE RESOLUTION 18.1 In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If either of the afore mentioned methods are not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented. SECTION 19 NOTICE 19.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at the address set forth below. Notice shall be considered issued and effective upon receipt thereof by the addressee -party, or seventy-two (72) hours after mailing by certified mail to the place of business set forth below, whichever is earlier. CITY: City of Yakima 2220 E Viola Ave Yakima, WA 98901 509-575-6077 Attn: Mike Price, Wastewater Treatment Division Manager ENGINEER: CDM Smith Inc. 14432 SE Eastgate Way, Ste 100 Bellevue, WA 98007 425-519-8300 Attn: Michael Hyland, Principal SECTION 20 FORCE MAJEURE 20.1 Any delays in or failure of performance by ENGINEER shall not constitute a default under this Contract if such delays or failures of performance are caused by occurrences beyond the reasonable control of ENGINEER including but not limited to: acts of God or the public enemy; expropriation or confiscation; compliance with any order of any governmental authority; changes in law; act of war, rebellion, terrorism or sabotage or damage resulting therefrom; fires, floods, explosions, accidents, riots; strikes or other concerted acts of workmen, whether direct or indirect; delays in permitting; CITY's failure to provide data in CITY's possession or provide necessary comments in connection with any required reports prepared by ENGINEER, or any other causes which are beyond the reasonable control of ENGINEER. ENGINEER's scheduled completion date shall be adjusted to account for any force majeure delay and ENGINEER shall be reimbursed by CITY for all costs incurred in connection with or arising from a force majeure event, including but not limited to those costs mutually agreed upon between the Parties incurred in the exercise of reasonable diligence to avoid or mitigate a force majeure event. 21 STANDARD OF CARE 21.1 The standard of care for all professional engineering and related services performed or furnished by ENGINEER under this Contract will be the care and skill ordinarily used by members of City of Yakima — CDM Smith Agreement 2016 Page 10 ENGINEER'S profession practicing under similar conditions at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Contract or otherwise, in connection with any services performed or furnished by ENGINEER. City of Yakima — CDM Smith Agreement 2016 Page 11 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 Printed Name:. Title: City Manager Signature Printed Name: Title: Date: Date: Attest City Clerk City Contract No. 2016 - Resolution No. R -2016 - City of Yakima — CDM Smith Agreement 2016 Page 12 STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the CITY MANAGER of the CITY OF YAKIMA, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Seal or Stamp City of Yakima — CDM Smith Agreement 2016 (Signature) Title Printed Name My commission expires: Page 13 STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Seal or Stamp City of Yakima — CDM Smith Agreement 2016 (Signature) Title Printed Name My commission expires: Page 14 EXHIBIT A TO AGREEMENT BETWEEN CONSULTANT AND CITY OF YAKIMA FOR PROFESSIONAL SERVICES SCOPE OF WORK This is an exhibit attached to and made a part of and incorporated by reference into the Agreement dated January 2016, between City of Yakima (CITY) and CDM Smith Inc. (CDM Smith) (ENGINEER, CONSULTANT) for professional services. Introduction The City of Yakima, WA (City) currently owns and operates the Yakima Regional Wastewater Treatment Plant (Yakima WWTP). The Yakima WWTP has a rated capacity of 21.5 MGD, 53,400 ib. BOD5/day and 38,600 ib. TSS/day (Ecology, NPDES #WA0024023, expiration September 30, 2016). Treatment facilities at the Yakima WWTP include: • Liquid stream — screening (3/8" bar), grit removal, primary sedimentation, activated sludge aeration, trickling filters (off-line), secondary clarification, UV disinfection, and effluent disposal via unlined constructed wetland channels • Solids stream — grit collection, dissolved air flotation waste activated sludge (WAS) thickening, primary and secondary sludge digestion, industrial wastewater treatment with an upflow anaerobic sludge blanket (UASB) system, nutrient removal with struvite recovery, high solids centrifuge dewatering, and off-site land application of Class B biosolids on agricultural fields. The City has requested CDM Smith's services in this phase of the contract to evaluate facility needs for the Yakima WWTP and prepare a treatment plant Facility Plan in accordance with WAC -173-240-040, which also includes a detailed section on the solids processing facilities at the plant. The Consultant's work includes determination of needs for facility replacements, upgrades, and expansions in order to meet current and anticipated future NPDES permit requirements over the next 20 years and recommend a financially supported capital improvement program (CIP) as detailed in this scope of work. To this end, the Consultant will complete the following tasks: • Task 1 — Project Management • Task 2 — Development of the Basis of Planning • Task 3 — Evaluation of Liquid Stream and Other Facility Needs • Task 4 — Evaluation of Solids Stream and Biogas-Related Facility Needs • Task 5 — Facility Plan Report Preparation • Task 6 — Solids Master Plan Report Preparation • Task 7 — Additional Services A description of activities to be conducted and deliverables to be provided by the Consultant under each task is included below. The expected completion date for the scope as defined here is on or before March 31, 2017. Page 1 of 10 CDM Smith Professional Services Contract Scope of Work, January 2016 Task 1— Project Management This task involves contract management and administration activities including planning and management of budget, schedule, scope, and quality control to fulfill the project objectives. This task involves incorporating project status into the monthly progress report, quality control and assurance, invoicing, and preparation of contract amendments. This task also includes facilitation of communications between the design team and the City of Yakima staff. Other project management activities include subconsultant contract management, maintenance of project files, schedule and budget tracking, and contract amendment preparation if requested by the City. This project management task will be led by the Consultant's assigned project manager (PM). The Consultant will conduct a Project Kickoff Meeting to review and discuss the project scope and meeting schedule, and to receive data and background information from the City. The team will develop a list of "critical success factors" viewed as important to achieve the project objectives. This meeting will be facilitated by the Consultant, and will be conducted at the plant site conference room. A project progress conference call will be held approximately every two weeks between the City's and the Consultant's project managers to provide periodic project updates and facility efficient flow of information. Following each meeting, the Consultant will prepare a summary email documenting any critical decisions made and action items for the upcoming two - weeks. Deliverables: • Project Kick -Off Meeting • Meeting agendas, handouts, and slides • Draft and final meeting minutes • Progress calls approximately every two weeks (26 total) with summary email for each • Monthly status summary reports included with the invoice (13 total) • Set up and maintenance of an online eRoom for document sharing between the Consultant and City project team staff during the contract period City Responsibilities: • City staff will attend and participate in the Kick -Off Meeting, and periodic progress conference calls. Staff who have active roles in planning, engineering, operations and maintenance (O&M) of the plant are requested to participate. • Review and comment on draft meeting minutes within one week of receipt Assumptions: • The project budget will be managed at the top level; Consultant may move budgets between tasks and subtasks as long as the total project budget is not exceeded. • This task budget assumes that the work included in this contract is limited to a 13 month period (e.g., December 1, 2015 — December 30, 2016). • All project management communication will be routed through the City's designated project manager. • One subconsultant (Conley) has been assumed. • The kick-off meeting is assumed to be four hours in duration • Twenty-six 30 -min progress calls in total will be conducted under this phase. • Progress reports, invoices, and meeting minutes will be delivered in electronic form (*.pdf) only by email. • Draft and final meeting minutes will be delivered in electronic form (*.pdf) only and posted to the project eRoom. Page 2 of 10 CDM Smith Professional Services Contract Scope of Work, January 2016 Task 2 —Development of the Basis of Planning The City will compile the background information listed in Table 1 and provide it to the Consultant. The Consultant will review this information and use it to develop the basis of facility planning for the Yakima WWTP. The Consultant will estimate future flows and loadings into the plant based on the past three or four years' worth of existing plant data and assuming a fixed (average annual) expected growth rate for the sewer service area over the planning horizon. The Consultant will use BIOWIN Version 4.1 to simulate the existing and projected future performance of the treatment plant. If the City provides influent wastewater characterization laboratory analytical results in sufficient detail (e.g., soluble BOD, particulate BOD, etc.), then the Consultant will use this information to update the default values within BIOWIN prior to completing BIOWIN computer modeling and plant mass balance; otherwise the Consultant may use the default parameters within BIOWIN. The Consultant will compare the BIOWIN results to the plant's rated design capacities established for each unit process as defined in the existing NPDES permit to determine the need for capacity expansion or process upgrades. The results of this task will set the basis for evaluation of options for liquid stream changes under Task 3. The Consultant will prepare a solids mass balance in MSExcel using the BIOWIN results in order to estimate existing and future flows and loads for primary sludge, dilute WAS, thickened WAS, digested sludge, dewatered sludge, sidestreams returns, biogas production estimates, and related utilities demands The Consultant will depend on available data provided by the City for this update, including influent and effluent data from both the liquid and solid treatment process trains. The results of this task will set the basis for evaluation of options for unit process upgrades, expansions, and replacements in Tasks 3 and 4. The Consultant will conduct an Options Scoping Meeting with the City and plant operations and maintenance staff. The purpose of this meeting will be to review the preliminary results of the basis of planning flows, loads, and projected future capacity limitations and to determine the number and type of technology alternatives which the City wants the Consultant to evaluate for potential capital modification/upgrade/replacement. A related purpose of the meeting will be to select the City's top 5 to 8 "prioritized objectives" and assign relative weights to these objectives against which the technology options will be preliminarily evaluated by the Consultant. A visual inspection of selected facilities at the plant will be conducted by the Consultant at the same day as this meeting. Deliverables: • Options scoping meeting agenda, slides, and handouts • Draft and final meeting minutes • Draft list of the City's prioritized objectives (evaluation criteria) • BIOWIN modeling output (e.g., screenshot graphics and data summary tables) • Mass balance modeling results (e.g., data summary table) • Plant process flow diagram of the major unit treatment processes with flows and mass balance (TSS, BOD) for the average day and maximum month condition for the beginning and end of the planning horizon • A table of major unit treatment processes and quantitative capacity -related information, including the estimated current loading rates, Ecology -approved loading rates, and projected future loading rates • A table of the major unit treatment processes, equipment age, and qualitative information from plant O&M staff regarding operational performance, maintenance concerns, and perceived reliability. Page 3 of 10 CDM Smith Professional Services Contract Scope of Work, January 2016 Table 1. Information Request To Be Provided by the City to the Consultant 1. Projected rate for population growth, influent flows and loads, and industrial flows and loads over planning period. 2. Current City Planning GIS maps (to insert in the Facility Plan Appendix) showing the following within the City of Yakima Growth Management Act (GMA) area: a. b. c. d. e. f. g. h. i. Existing Sewer Collection System Map (including pipe diameters, manhole locations, boundary of existing and planned future sewered area, location of plant and pump stations, CSO outfalls. Color -code areas to show fully separated, partially separated, combined sewers; identify CSO outfalls (if any). Identify areas of high I/I and where I/I removal has been recently conducted. Future Sewer Collection System Map — similar to above except showing planned extensions and expansion of service area. Existing Land use map — including a table of land use type, acres and approximate population in each Future Land use map — including a table of land use type, acres and approximate population in each Flood plains map — with identification of any rivers formally designated as "Wild and Scenic Rivers" Sensitive areas map (wetlands, steep slopes, hydric soils) Cultural resources map (archeological and historic sites) Threatened and endangered species habitat map Prime or unique farmland map 3. Complete plant numerical data set for 1/1/2012-11/30/2015 in MSExcel covering the usual NPDES sampling and process control parameters for the Yakima WWTP (where data is known), including: a. Plant influent and effluent daily flows and loads b. Average daily flows in and out of each treatment unit process (where known) c. Concentrations of the following parameters in and out of each unit process: TSS, BODS, total nitrogen (TN), ammonia nitrogen, total phosphorous (TP), phosphate phosphorous, % solids, magnesium, d. Influent wastewater BOD fractional characteristics as inputs to BIOWIN for the blended influent to the primary clarifiers (i.e., raw sewage blended with UASB effluent, downstream of screening and de -gritting) if known. e. Operational parameters for unit processes such as number of units in service for various range of flows, target SRT for activated sludge, dissolved oxygen set points, pumping rates, wasting rates and intervals f. Representative biogas quality and quantity data (% methane, % carbon dioxide, H2S ppm, siloxane concentration; scfm production and use) 4. Historic peak hour influent flow to plant and date of occurrence 5. Utility summary table - quantity and cost of purchased utilities for the plant by month 6. As -built drawings (paper set, AutoCAD if available) 7. Treatment plant facility design criteria previously approved by Ecology for unit treatment processes 8. Recent aerial photo of the plant site showing whole site with high resolution suitable for printing 9. Asset summary information in MSExcel for major plant equipment (e.g., process, make/model, capacity, install date, last service date, and O&M comments regarding frequency of maintenance, reliability concerns, and repeat repair issues). 10. Wastewater utility financial information including the most recent City Council -approved wastewater rate study, current adopted sewer rates by user type, bond rating, and description of financial capability to pay for capital projects (e.g., via pay- as-you-go, bonds, etc.) Should include current sewer rates by billing category. Page 4 of 10 CDM Smith Professional Services Contract Scope of Work, January 2016 City Responsibilities: • Provide the information listed in Table 1 herein. The majority of these items are requested two weeks prior to the Kick -Off Meeting; items 2c -2i, 8, 9 and 10 could be provided within two weeks after the Kick -Off meeting. • Active participation in the Options Scoping Meeting • Review and comment on draft meeting minutes within one week of receipt Assumptions: • Treatment plant facility planning will follow the guidelines established in the Criteria for Sewage Works Design (aka "Orange Book"), State of Washington Department of Ecology, 2008 Edition. • The planning horizon for the plant will be through calendar year 2035. • "Major unit processes" are: Bar Screens , Screenings Compactor, Grit Removal, Primary Clarifiers, Trickling Filters, Aeration Basins, Aeration Blowers, Secondary Clarifiers, RAS Pumps, WAS Pumps, UV Disinfection, Dissolved Air Thickener, Primary Digesters, Secondary Digesters, Centrifuge Dewatering, Struvite Harvesting Reactor, Hot Water Boilers, and Process Water Pumping. • The effluent discharge requirements listed in the existing NPDES permit (WA0024023, expires 9/30/2016) establish the performance requirements for the Yakima WWTP for the near future (10 -year horizon) except that Section S1.B (Mixing Zone authorization) does not apply. For the later portion of the planning horizon, the potential for following additional permit limits may be anticipated which would be no more stringent than the following: Total ammonia nitrogen: 5 mg/1 average monthly and 12 mg/1 average weekly. • At least five and no more than eight "prioritized objectives" will be established for use by the Consultant to screen and evaluate technology options. (e.g., lifecycle cost, compatibility with existing operations, ease of maintenance, etc.) • Maps produced by the City will be provided in Adobe *.pdf file format, suitable for the Consultant to print on 11"x17" paper for inclusion in the final Facility Plan report and/or appendices. • The Consultant will assume a discount rate of 5% and an inflation rate of 3%, annually, unless otherwise set by the City for financial investment and lifecycle calculations. • Deliverables under this task will be provided in electronic form as *.pdf files posted to the project eRoom. Task 3 — Evaluation of Liquid Stream and Other Facility Needs In this task the Consultant will use the information gathered and developed under Task 2 to evaluate the current and future needs of the liquid stream treatment facilities and other facilities at the plant not otherwise evaluated in Task 4. The Consultant will use technical expertise and knowledge of new and established technologies to develop alternatives for the City to consider. The Consultant will facilitate Workshop #1 to present the information about alternatives to City staff and obtain staff input to select the best alternative for the City's needs. Information to be provided by the Consultant for comparative options would include: • Description of the technology and how it might tie-in to the existing plant • Planning level design criteria (footprint, height, design capacity, electrical demand) • Process flow diagram showing flows and loads in/out of the alternative process • List of manufacturers serving the USA wastewater marketplace and example installations • Comparative difference in estimated equipment cost shipped to site and installation cost Page 5 of 10 CDM Smith Professional Services Contract Scope of Work, January 2016 • Comparative difference in estimated purchased utilities and staff time associated with each process alternative • Consultant's assessment of pros and cons • Scoring of each alternative relative to City's established prioritized objectives • Recommendations The Consultant will provide the City with a draft agenda and draft set of slides for Workshop #1 at least 3 days prior to the workshop. Although the workshop will focus on comparing and selecting of alternatives, the Consultant will also compile information on other needed projects at the plant as this information is needed in the Facility Plan report as part of the 20 -year Capital Improvement Plan (CIP). Information to be provided by the Consultant for each of the recommended capital projects would include: • Description of the project • Planning level design criteria (footprint, height, design capacity, electrical demand) • Opinion of probable construction cost (OPCC) • Estimated change in annual operating and maintenance cost as a result of the project • Recommended project timing for the Capital Improvement Plan (CIP) • Key issues or decisions to be resolved during the design phase Results from the work and activities conducted under this task will be combined into the report produced under Task 5. Deliverables: • Agenda, MS PowerPoint slides and handouts for Workshop #1 • Draft and final workshop meeting minutes City Responsibilities: • The City's project team staff will review the draft workshop materials in advance of Workshop #1 and come ready to evaluate options and ask questions. • Review and comment on draft meeting minutes within one week of receipt Assumptions: • The following treatment process alternatives were assumed in this task: o Secondary treatment process change regarding fate of the Trickling Filters (i.e., decommissioning or not, 2 alternatives) o RAS pumping equipment (2 alternatives, e.g., rehab existing screw pumps or replace) • Unless otherwise noted, equipment replacement and optimization type projects will be developed as placeholder projects in the CIP. For these types of projects, the Consultant will provide a recommended conceptual approach, project budget, and scheduled timing. Technical alternative comparisons will not be developed for these projects because they would not result in an overall treatment process change. This approach would also be used for projects which do not have a clear alternative except "do nothing" or "status quo". This approach is reasonable because of the planning nature of this study; comparative evaluation of different design approaches or different equipment make/models is typically performed during the preliminary design phase for each individual project. • To prepare opinions of probable construction cost (OPCC), the Consultant will use data from similar projects, Page 6 of 10 CDM Smith Professional Services Contract Scope of Work, January 2016 published references, and the Consultant's construction database. The OPCC will meet the definition of either an AACE class V or class VI estimate at the conceptual planning level. Four (4) alternative comparison OPCCs and ten other (10) CIP project OPCCs have been assumed for Task 3. Task 4 — Evaluation of Solids Stream and Biogas-Related Facility Needs This task is similar to Task 3 except is limited to evaluation of the plant's solids treatment facilities and biogas treatment and use. The Consultant will facilitate Workshop #2 to present the information about alternatives to City staff. The type of information to be provided by the Consultant for comparative options and for recommended projects. Results from the work and activities conducted under this task will be combined into the report produced under Task 5. Deliverables: • Agenda, MS PowerPoint slides and handouts for Workshop #2 • Draft and final workshop meeting minutes City Responsibilities: • The City's project team staff will review the draft workshop materials in advance of Workshop #1 and come ready to evaluate options and ask questions. • Review and comment on draft meeting minutes within one week of receipt Assumptions: • The following treatment process alternatives are assumed to be evaluated by the Consultant under this task: o Sludge thickening technologies (3 alternatives: e.g., co -thickening using DAFTs; separate thickening using DAFTs for WAS and centrifuges for primary sludge; and separate thickening using DAFTs for WAS and another technology for primary sludge) o Sludge digestion technologies (3 alternatives: e.g., primary -secondary mesophilic without recuperative thickening; primary -secondary mesophilic with recuperative thickening; and staged thermophilic - mesophilic digestion) o Dewatering technologies (2 alternatives: e.g., screw press; centrifuge) o Biogas use options (2 alternatives: e.g., biomethane recovery for pipeline injection; another option) • Similar to Task 3, the Consultant will provide a recommended conceptual approach, project budget, and scheduled timing for the equipment replacement and optimization type projects, and for other planned capital projects which do not have alternative impacts to the wastewater, solids, or biogas treatment processes. • The method used to by the Consultant to prepare the OPCC is similar to that described for Task 3. Ten (10) alternative comparison OPCCs and ten other (10) CIP project OPCCs have been assumed for Task 4. Task 5 — Facility Plan Report Preparation This task provides for production of a written Wastewater Treatment Plant Facility Plan, as described in the Orange Book Section G1-4, based on the information developed in the previous tasks. The report is expected to follow this outline: • Section 1 - Executive Summary • Section 2 — Background information o Facility Description Page 7 of 10 CDM Smith Professional Services Contract Scope of Work, January 2016 o Existing Environment o Demographics and Land Use o Existing Flows and Loads o Unit Process Assessment • Section 3 — Future Conditions o Future Population and Service Area o Projected Future Flows and Loads o Unit Process Assessment Without Project • Section 4 — Alternatives Analysis o Liquid Treatment o Supporting Facilities • Section 5 — Recommended Projects • Section 6 — Financial Analysis o Costs and Schedule (CIP) o User charges o Financial Capacity o Financing plan o Implementation Plan • Section 7 — Permitting and Public Engagement o List of needed permits o Public involvement plan • Appendices o Maps o SEPA Checklist o SEPA Approval o Documentation of Public Involvement Deliverables: • Preliminary Draft Facility Plan (for City review) • Consultant's response to City's comments on the draft report (MSExcel file) • Final Draft Facility Plan (suitable for City to route to Ecology for their review) City Responsibilities: • The City will prepare the draft and final SEPA checklist as required by Ecology in association with this report. This will be included in the Appendix of the Facility Plan. • The City is responsible for planning and executing public outreach and engagement activities. Page 8 of 10 CDM Smith Professional Services Contract Scope of Work, January 2016 • The City will provide one consolidated set of written comments on the draft report within 2 weeks of delivery by the Consultant. Assumptions: • This report is assumed to be about 150 pages in length. • The Consultant will conduct an internal quality review of the draft report prior to submittal to the City • Ecology may take up to 90 calendar days to review and comment on the draft report. • The Consultant will attend one public meeting (open house format) or provide a presentation to the City Council on this project after the draft report and draft SEPA documentation has been developed. • The Final Draft Facility Plan will be the final written deliverable under this task (i.e., Ecology will not require revision and re -issuance of the report). Task 6 — Solids Master Plan Report Preparation This task provides for production of a written Solids Master Plan report, based on the information developed in the previous tasks. The report is expected to follow the outline below. The Consultant will extract the summary information from this report and insert it into the Facility Plan as appropriate. • Section 1 - Executive Summary • Section 2 — Existing Solids Stream Treatment o Facility Description o Projected Future Solids Stream Flows and Loads o Unit Process Assessment Without Project • Section 3 — Alternatives Analysis o Solids Thickening, Digestion, and Dewatering Options o Biogas Treatment and Reuse Options • Section 4 — Recommended Projects o Project Descriptions o Costs and Schedule (CIP) Deliverables: • Draft Solids Master Plan (for City review) • Consultant's response to City's comments on the draft report (MSExcel file) • Final Solids Master Plan City Responsibilities: • The City will provide one consolidated set of written comments on the draft report within 2 weeks of delivery by the Consultant. Assumptions: • This report is assumed to be about 75 pages in length. Page 9 of 10 CDM Smith Professional Services Contract Scope of Work, January 2016 • The Consultant will conduct an internal quality review of the draft report prior to submittal to the City • This report would not be submitted to Ecology for review and approval. Task 7 — Additional Services This task is included as a placeholder if the City determines, during the course of this project, that there are Additional Services which the City requests that the Consultant perform. Unless and until specifically notified in writing by the City, the Consultant will not initiate work under this task. Additional budget is likely to be necessary for Additional Services because the initial contract did not allocate budget for this. Examples of potential additional services which the City may wish to consider but which have heretofore been excluded from Tasks 1 through 6 include: • Additional meetings and workshops • Structural field inspections, materials testing, and analysis • Geotechnical field inspections, testing, and analysis • Preparation of 3D drawings • Preparation of architectural renderings • Preparation of detailed asset management plan • Evaluation of electronic work order management systems • Conveyance system evaluation • Outfall / wetlands effluent disposal modeling • Development of compliance monitoring plans • Preliminary and final engineering design • Engineering services during construction • Rate study • Level of effort beyond that described herein and listed in Exhibit C Deliverables, City Responsibilities, and Assumptions: • To be determined. End of Exhibit A Page 10 of 10 CDM Smith Professional Services Contract Scope of Work, January 2016 EXHIBIT B - Estimated Level of Effort City of Yakima Yakima WWTP Facility Plan/Solids Plan Task/Subtasks Totals for All Firms 1 Project Management $ 54,625 340 1.1 Project Planning / Kick-off meeting $ 12,720 72 1.2 Progress Tracking (13 mo) $ 14,170 111 1.3 Subcontract Management $ 6,340 28 1.4 Documentation/Communications $ 18,815 117 1.5 QA/QC $ 2,580 12 2 Development of Basis of Planning $ 78,560 504 2.1 Review of City -provided data $ 10,640 64 2.2 Process modeling (BIOWIN) $ 6,360 40 2.3 Mass Balance $ 5,460 32 2.4 Plant HGL model $ 7,980 60 2.5 Options Scoping Meeting $ 8,440 52 2.6 Plant Process Data Evaluation $ 4,760 32 2.7 Purchased Utilities Evaluation $ 9,180 60 2.8 Map and site drawing coordination $ 5,100 36 2.9 Existing Plant Capacity Assessment $ 11,240 64 2.10 Financial Data Review $ 9,400 64 3 Evaluation of Liquid Stream and Other Facility Needs $ 122,670 734 3.1 Alts Eval - Liquid Trtmt Process $ 41,080 252 3.2 Equipment Replacement & Optimization Projects $ 35,220 218 3.4 Building Facilities $ 6,570 37 3.5 Site Civil Needs $ 2,330 13 3.6 Electrical and I&C $ 8,860 58 3.7 Cost Estimates $ 13,370 70 3.8 Workshop 1 $ 15,240 86 4 Evaluation of Solids Stream and Biogas Needs $ 126,440 768 4.1 Alts Eval - Solids Trtmt Process Options $ 40,880 256 4.2 Equipment Replacement & Optimization Projects $ 27,265 167 4.3 Alts Eval - Biogas Options $ 11,075 73 4.4 Electrical and I&C $ 12,520 82 4.5 Cost Estimates $ 19,620 104 4.4 Workshop 2 $ 15,080 86 5 Report Preparation - Facility Plan $ 65,760 444 5.1 Draft $ 47,055 329 5.2 Final $ 12,595 89 5.3 Quality Review by TRC $ 6,110 26 6 Report Preparation - Solids Master Plan $ 62,755 413 6.1 Draft $ 44,375 304 6.2 Final $ 12,270 83 6.3 Quality Review by TRC $ 6,110 26 6 Additional Services 6.1 To be determined 0 Total Task Hours 3,203 Total Task Labor $ 510,810 Other Direct Costs I$ 3,400 Total Budget $ 514,210 CDM Smith Project Manager/ Sr. Project Manager Solids Lead/ Principal Process Mechanical/ Engineer 4 Hydraulics / Engineer 2 Modeler / Engineer 4 Structural/ Principal HVAC/ Engineer 4 Site -Civil Engineer / Engineer 8 Project Assistant Financial / Contract Admin Graphics & CADD / Designer 8 PIC & Asset Review / Principal a V ' re H To o. V • a re ` $ 45,135 247 115 8 24 26 0 0 0 0 0 54 8 12 0 0 $ 11,680 64 24 8 16 8 40 4 40 40 0 0 8 30 8 0 $ 9,100 52 26 2 6 12 24 2 16 16 0 26 0 3 8 8 $ 6,340 28 26 2 $ - $ - 0 8 2 $ - 3 0 $ 15,435 91 39 14 8 18 $ - 0 26 0 4 $ 2,580 12 14 14 24 24 $ - 0 8 12 $ - $ 14,520 80 24 24 $ - 16 8 8 $ - 0 $ 78,040 500 104 32 90 158 36 0 0 0 24 24 32 0 0 0 $ 10,640 64 24 10 30 $ 6,360 40 8 32 $ 5,460 32 4 8 16 4 $ 7,980 60 4 16 40 $ 7,920 48 8 8 8 8 16 $ 4,760 32 8 24 $ 9,180 60 4 16 24 16 $ 5,100 36 4 16 16 $ 11,240 64 24 40 $ 9,400 64 16 24 24 $ 106,300 628 100 0 88 104 48 136 72 8 8 0 56 8 0 0 $ 41,080 252 24 32 24 64 48 64 16 32 32 $ 8,970 12 $ 9,460 $ 4,400 $ 3,440 $ 35,220 218 20 18 40 40 4 40 40 0 0 0 30 8 0 2 $ 6,570 37 2 6 12 24 2 16 16 0 4 0 3 8 8 8 $ 2,330 13 2 $ - $ - 0 8 $ - 3 0 $ 3,290 14 14 $ - 0 $ - 0 $ - 0 4 $ 3,290 14 14 24 24 $ - 0 8 8 $ - $ 14,520 80 24 24 $ - 16 8 8 $ - 0 $ 102,980 616 84 80 136 124 0 64 72 0 8 0 40 8 0 0 $ 40,880 256 16 32 64 64 16 32 32 32 32 $ 8,970 16 $ 9,460 $ 4,400 $ 3,440 $ 27,265 167 9 18 36 36 4 24 24 0 0 0 12 8 0 2 $ 11,075 73 3 6 12 24 2 8 16 0 4 0 4 8 8 8 $ 4,700 20 20 $ - $ - 0 $ - 0 0 $ 4,700 20 20 $ - 0 $ - 0 $ - 0 4 $ 14,360 80 16 24 24 $ - 0 8 8 $ - $ 56,490 363 14 24 65 94 20 20 30 32 32 0 8 8 8 8 $ 40,045 268 8 19 38 75 16 16 24 32 32 $ 8,970 8 $ 9,460 $ 4,400 $ 3,440 $ 10,335 69 4 5 27 19 4 4 6 0 0 0 0 $ - 0 2 $ 6,110 26 2 0 4 2 $ - 0 0 4 0 $ - 8 8 8 $ 56,995 365 14 27 64 94 20 20 30 32 32 0 8 8 8 8 $ 40,045 268 8 19 38 75 16 16 24 32 32 $ 8,970 8 $ 9,460 $ 4,400 $ 3,440 $ 10,840 71 4 8 26 19 4 4 6 0 0 0 0 $ - 0 2 $ 6,110 26 2 0 4 2 $ - 0 0 4 0 $ - 8 8 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ 3,000 I CDM Smith ODCs CCI 2719 431 171 467 600 124 240 204 72 104 78 152 44 16 16 $ 445,940 8 $ 101,285 $ 36,765 $ 65,380 $ 72,000 $ 17,360 $ 51,600 $ 28,560 $ 12,960 $ 12,480 $ 8,970 $ 21,280 $ 9,460 $ 4,400 $ 3,440 $ 3,000 I CDM Smith ODCs CCI 56 Cost Estimator Scheduler E Q $ 2,600 26 0 0 26 $ - 0 26 4 8 $ 2,600 26 8 26 $ - 0 6.5 $ - 0 80 0 0 $ - 0 56 $ 3,380 $ - 0 26 28 14 $ - 0 0 0 0 $ - 0 2 $ 720 $ - 0 4 2 $ - 0 0 4 0 $ - 0 $ - 0 $ - 0 $ - $ - 0 $ - 0 0 $ - 0 $ - 0 $ - 0 $ - 0 4 $ 10,080 56 56 0 0 $ - 0 $ 24,480 8 $ 2,600 $ - 0 26 4 8 $ - 0 8 4 $ - 0 6.5 $ - 0 80 0 0 $ 10,080 56 56 $ 3,380 $ - 0 26 28 14 $ 14,400 80 80 0 0 $ - 0 $ 24,480 8 $ 2,600 $ - 0 26 4 8 $ - 0 8 4 $ - 0 6.5 $ 14,400 80 80 0 0 $ - 0 20 $ 3,380 $ 1,800 12 0 12 0 $ 1,200 8 $ 24,480 8 $ 2,600 $ 600 4 26 4 8 $ - 0 8 4 $ 1,800 12 0 12 0 $ 1,200 8 $ 24,480 8 $ 2,600 $ 600 4 26 4 8 $ - 0 8 4 0 0 0 0 0 I $ 200.00 ICCI ODCs Conley Engineers 186 136 24 26 $ 30,680 $ 6,890 $ 24,480 $ 3,600 $ 2,600 I $ 200.00 ICCI ODCs Conley Engineers Officer, TRC Electrical and I&C Engineer Staff Engineer CAD/GIS E Q $ 6,890 66.5 6.5 34 0 0 26 $ 1,040 8 0 8 8 4 $ 2,470 32.5 6.5 26 $ - 0 0 2 40 20 $ 3,380 26 44 26 28 14 $ - 0 0 4 2 $ 720 6 4 2 $ 520 4 0 4 0 0 0 $ - 0 $ - 0 $ - 0 $ - 0 $ 520 4 4 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ 6,290 50 2 32 14 2 0 $ - 0 2 15 20 8 8 $ - 0 8 4 4 $ - 0 $ - 0 2 40 20 $ 5,570 44 2 28 14 $ - 0 4 2 $ 720 6 4 2 $ 9,060 72 2 48 20 2 0 $ - 0 2 15 20 8 8 $ - 0 8 4 4 $ - 0 $ 7,820 62 2 40 20 $ 520 4 4 $ 720 6 4 2 $ 7,470 69 2 23 20 12 12 $ 5,810 53 2 15 20 8 8 $ 1,660 16 8 4 4 $ - 0 $ 3,960 36 2 12 10 6 6 $ 3,130 28 2 8 10 4 4 $ 830 8 4 2 2 $ - 0 0 0 0 0 0 0 0 $ 200 (Conley ODCs 297.5 14.5 153 64 22 44 $ 34,190 $ 2,320 $ 19,890 $ 7,360 $ 2,200 $ 2,420 $ 200 (Conley ODCs Exhibit C. Rate Schedule CDM Smith Billing Rates 11/1/2015-12/31/2016 Engineers/Scientists/Planners Grade 1 $ 100.00 Grade 2 $ 120.00 Grade 3 $ 130.00 Grade 4 $ 140.00 Grade 5 $ 150.00 Grade 6 $ 160.00 Grade 7 $ 170.00 Grade 8 $ 180.00 Principal $ 215.00 Sr. Project Manager $ 235.00 Vice President $ 250.00 Senior Vice President $ 270.00 Technicians/Support Staff Field Technician/Operator I $ 80.00 Field Technician/Operator 2 $ 100.00 Field Technician/Operator 3 $ 150.00 Scheduler $ 150.00 Cost Estimator $ 180.00 Designer/Drafter 1 $ 90.00 Designer/Drafter 2 $ 100.00 Designer/Drafter 3 $ 110.00 Designer/Drafter 4 $ 120.00 Designer/Drafter 5 $ 125.00 Designer/Drafter 6 $ 130.00 Designer/Drafter 7 $ 135.00 Designer/Drafter 8 $ 140.00 Administrative Manager $ 120.00 Project Assistant $ 120.00 Word Processor $ 85.00 Financial Assistant $ 90.00 Financial Manager $ 130.00 Regional Financial Manager $ 150.00 CDM Smith Inc. agrees to hold rates constant through December 31, 2016. In the event the contract term extends beyond December 31, 2016, an annual escalation will be applied as a maximum percentage increase above the rates listed here, not to exceed 3% per year, starting January 1, 2017. Exhibit C - Page 1 of 2 (41,1 o;h{ u', +dq'B"'0. (U)1d1.m n'rq' B Other Direct Costs (ODCs) An estimated budget for other direct costs (ODCs) has been assumed in order to support the work. ODC expenses would include but not be limited to: meeting supplies, printing, copying, mileage, postage/shipping, miscellaneous supplies, rental equipment, fuel, contract labor, car rental, hotel and meals during travel, and airfare. Mileage will be billed per the current federal rate (e.g., $0.575 per mile on November 7, 2015). Black and white copies/prints are billed at $0.10/page and color copies/prints are billed at $0.50/page. The Consultant will invoice ODCs for the project as part of each monthly invoice. Total estimated ODCs have been budgeted at $3,400. Exhibit C - Page 2 of 2 11Y1^d1 gBXd AB rd. dNw a"k X q"y' II Conley Billing Rate Schedule Per n el ou "ly Ra Principal Engineer $160 Senioi Professional Engineer $145 Registered Professional Engineer (PE) 5130 Certified Software Engineer (T 1C' SE) 5 130 Registered Communications Distribution Designer ('RCDD) $115 Project Engineer 5 1 1 5 Soft re Project Engineer `5115 Cac1 Designer $100 CAD Tecllnlciaii $85 Engineering Technician $85 AdIlllIl str 555 Other Direct Costs (ODCs) An estimated budget for other direct costs (ODCs) has been assumed in order to support the work. ODC expenses would include but not be limited to: meeting supplies, printing, copying, mileage, postage/shipping, miscellaneous supplies, rental equipment, fuel, contract labor, car rental, hotel and meals during travel, and airfare. Mileage will be billed per the current federal rate (e.g., $0.575 per mile on November 7, 2015). Black and white copies/prints are billed at $0.10/page and color copies/prints are billed at $0.50/page. The Consultant will invoice ODCs for the project as part of each monthly invoice. Total estimated ODCs have been budgeted at $3,400. Exhibit C - Page 2 of 2 11Y1^d1 gBXd AB rd. dNw a"k X q"y' II