HomeMy WebLinkAboutWest Yost Associates 2020-03-31COU No. 1920-241
AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
This Agreement, made and entered into this day of lfl 2r tt , 2020 ("Effective
Date"), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as 'City" and
West Yost & Associates Inc., a Corporation organized and in good standing under the laws of
the state of California, hereinafter referred to as "Consultant".
RECITALS
This Agreement is predicated on the following facts:
a. City requires consulting services related to Training on various Process Components at
the Wastewater Treatment Plant from the 2006 Upgrade Project.
b. Consultant represents that it has the qualifications, skills, experience and properly
licensed to provide these services, and is willing to provide them according to the terms
of this Agreement.
c. City and Consultant agree upon the Scope -of -Work and Work Schedule attached hereto
as Attachment "A", describing contract provisions for the project and setting forth the
completion dates for the various services to be provided pursuant to this Agreement.
TERMS OF AGREEMENT
1.0 DESCRIPTION OF PROJECT
1.1 The Project is described in detail in the attached Scope -of -Work (Attachment "A").
2.0 SCOPE OF SERVICES
2.1 As set forth in Attachment "A".
2.2. Additional Services. Additional services, if any, shall only proceed upon written
agreement between City and Consultant. The written Agreement shall be in the form of
an Amendment to this Agreement.
3.0 CONDUCT OF WORK
3.1 Time of Completion. Consultant shall commence performance of services as required
by the Scope -of -Work upon receipt of a Notice to Proceed from City and shall complete
such services within the a reasonable time as coordinated by the City from receipt of the
Notice to Proceed. Consultant shall complete the work to the City's reasonable
satisfaction, even if contract disputes arise or Consultant contends it is entitled to further
compensation.
4.0 COMPENSATION FOR SERVICES
4.1 Basis for Compensation. For the performance of the professional services of this
Agreement, Consultant shall be compensated on a time and expense basis not to
exceed a guaranteed maximum dollar amount of $9,976 Labor charges shall be based
upon hourly billing rates for the various classifications of personnel employed by
Sid P S'ciApreeme,,t. November .D Med
PAGE 1 OF 7
COU No. 1920-241
Consultant to perform the Scope of Work as set forth in the attached Attachment B,
which shall include all indirect costs and expenses of every kind or nature, except direct
expenses. The direct expenses and the fees to be charged for same shall be as set
forth in Attachment B. Consultant shall complete the Scope of Work for the not -to -
exceed guaranteed maximum, even if actual time and expenses exceed that amount.
4.2 Changes. Should changes in compensation be required because of changes to the
Scope -of -Work of this Agreement, the parties shall agree in writing to any changes in
compensation. "Changes to the Scope -of -Work" means different activities than those
described in Attachment "A" and not additional time to complete those activities than the
parties anticipated on the date they entered this Agreement.
4.3 Sub -contractor Payment. The use of sub -consultants or other services to perform a
portion of the work of this Agreement shall be approved by City prior to commencement
of work. The cost of sub -consultants shall be included within guaranteed not -to -exceed
amount set forth in Section 4.1.
4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this
contract shall be based upon submission of monthly invoices for the work satisfactorily
performed prior to the date of the invoice Tess any amount already paid to Consultant,
which amounts shall be due and payable thirty (30) days after receipt by City. The
invoices shall provide a description of each item of work performed, the time expended
to perform each task, the fees charged for that task, and the direct expenses incurred
and billed for. Invoices shall be accompanied by documentation sufficient to enable City
to determine progress made and to support the expenses claimed.
5.0 ASSURANCES OF CONSULTANT
5.1 Independent Contractor. Consultant is an independent contractor and is solely
responsible for its acts or omissions. Consultant (including its agents, servants, and
employees) is not the City's agent, employee, or representative for any purpose.
It is the express intention of the parties hereto that Consultant is an independent
contractor and not an employee, joint venturer, or partner of City for any purpose
whatsoever. City shall have no right to, and shall not control the manner or prescribe the
method of, accomplishing those services contracted to and performed by Consultant
under this Agreement, and the general public and all governmental agencies regulating
such activity shall be so informed.
Those provisions of this Agreement that reserve ultimate authority in City have been
inserted solely to achieve compliance with federal and state laws, rules, regulations, and
interpretations thereof. No such provisions and no other provisions of this Agreement
shall be interpreted or construed as creating or establishing the relationship of employer
and employee between Consultant and City.
Consultant shall pay all estimated and actual federal and state income and self-
employment taxes that are due the state and federal government and shall furnish and
pay worker's compensation insurance, unemployment insurance and any other benefits
required by law for himself and his employees, if any. Consultant agrees to indemnify
and hold City and its officers, agents and employees harmless from and against any
claims or demands by federal, state or local government agencies for any such taxes or
benefits due but not paid by Consultant, including the legal costs associated with
defending against any audit, claim, demand or law suit.
Std Pro6knAgren"er- Novrobcr 20. 21,0
PAGE 2 OF 7
COU No. 1920-241
Consultant warrants and represents that it is a properly licensed professional or
professional organization with a substantial investment in its business and that it
maintains its own offices and staff which it will use in performing under this Agreement.
5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely
to City. Consultant has no interest and will not acquire any direct or indirect interest that
would conflict with its performance of the Agreement. Consultant shall not in the
performance of this Agreement employ a person having such an interest. If the City
Manager determines that the Consultant has a disclosure obligation under the City's
local conflict of interest code, the Consultant shall file the required disclosure form with
the City Clerk within 10 days of being notified of the City Manager's determination.
6.0 INDEMNIFICATION
6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2
Consultant shall not begin work under this Agreement until it procures and maintains for
the full period of time allowed by law, surviving the termination of this Agreement
insurance against claims for injuries to persons or damages to property, which may arise
from or in connection with its performance under this Agreement.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office ("ISO) Commercial General Liability Coverage
Form No. CG 20 10 10 01 and Commercial General Liability Coverage —
Completed Operations Form No. CG 20 37 10 01.
2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1
"any auto" or Code 8, 9 if no owned autos and endorsement CA 0025.
3. Worker's Compensation Insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the consultant's
profession. Architects' and engineers' coverage is to include or be
endorsed to include contractual liability for professional negligence only.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage including operations,
products and completed operations. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, the
general aggregate limit shall apply separately to the work performed
under this Agreement, or the aggregate limit shall be twice the prescribed
per occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
Sid ProbvcsA=reenent- Poember 20 2008
PAGE 3 OF '
COU No. 1920-241
3. Workers Compensation and Employers Liability: Worker's compensation
limits as required by the Labor Code of the State of Califomia and
Employers Liability limits of $1,000,000 per accident.
4. Errors and Omissions liability: $1,000,000 per claim and aggregate.
C. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by
the City. At the option of the City, either the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects to the City, its officers,
officials, employees and volunteers; or the Consultant shall procure a bond
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages
a The City, it officers, officials, employees and volunteers are to be
covered as additional insureds as respects; liability arising out of
activities performed by or on behalf of the Consultant, products
and completed operations of the Consultant, premises owned,
occupied or used by the Consultant, or automobiles owned, hired
or borrowed by the Consultant for the full period of time allowed by
law, surviving the termination of this Agreement. The coverage
shall contain no special limitations on the scope -of -protection
afforded to the City, its officers, officials, employees or volunteers.
b. The Consultant's insurance coverage shall be primary insurance
as respects to the City, its officers, officials, employees and
volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, employees or volunteers shall be in
excess of the Consultant's insurance and shall not contribute with
it.
c. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its officers, officials,
employees or volunteers.
d. The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
2. Worker's Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the City,
its officers, officials, employees and volunteers for losses arising from
Consultant's performance of the work, pursuant to this Agreement.
Std PtobccsACrcenent• November 20, :009
PAGE 4 OF 7
COU No. 1920-241
3. Professional Liability Coverage
If written on a claims -made basis, the retroactivity date shall be the
effective date of this Agreement. The policy period shall extend from
contract execution to June 30, 2020.
4. All Coverages
Each Insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
City.
E. Acceptability of Insurers
Insurance is to be placed with admitted California insurers with an A.M. Best's
rating of no less than A- for financial strength, AA for long-term credit rating and
AMB -1 for short-term credit rating.
F. Verification of Coverage
Consultant shall furnish the City with Certificates of Insurance and with original
Endorsements effecting coverage required by this Agreement. The Certificates
and Endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The Certificates and
Endorsements are to be on forms provided or approved by the City. Where by
statute, the City's Workers' Compensation - related forms cannot be used,
equivalent forms approved by the Insurance Commissioner are to be substituted.
All Certificates and Endorsements are to be received and approved by the City
before Consultant begins the work of this Agreement. The City reserves the right
to require complete, certified copies of all required insurance policies, at any
time. If Consultant fails to provide the coverages required herein, the City shall
have the right, but not the obligation, to purchase any or all of them. In that
event, the cost of insurance becomes part of the compensation due the
contractor after notice to Consultant that City has paid the premium.
G. Subcontractors
Consultant shall include all subcontractors or sub -consultants as insured under
its policies or shall furnish separate certificates and endorsements for each sub-
contractor or sub -consultant. All coverage for sub -contractors or sub -consultants
shall be subject to all insurance requirements set forth in this Paragraph 6.1.
6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition
thereto, Consultant agrees, for the full period of time allowed by law, surviving the
termination of this Agreement, to indemnify the City for any claim, cost or liability to the
extent arising out of, or pertaining to, or relating to any negligent act or omission or the
willful misconduct of Consultant in the performance of services under this contract by
Consultant, but this indemnity does not apply to liability for damages for death or bodily
injury to persons, injury to property, or other loss, arising from the sole negligence, willful
Sid Pm6tcsAgreemad- No iiedtbdr 10. 1 r.t
PAGE 5 Of 7
COU No. 1920-241
misconduct or defects in design by the City, or arising from the active negligence of the
City.
"Indemnify," as used herein includes the expenses of defending against a claim and the
payment of any settlement or judgment arising out of the claim. Defense costs include
all costs associated with defending the claim, including, but not limited to, the fees of
attorneys, investigators, consultants, experts and expert witnesses, and litigation
expenses.
References in this paragraph to City or Consultant, include their officers, employees,
agents, and subcontractors.
7.0 CONTRACT PROVISIONS
7.1 Ownership of Work. All documents fumished to Consultant by City and all documents or
reports and supportive data prepared by Consultant under this Agreement are owned
and become the property of the City upon their creation and shall be given to City
immediately upon demand and at the completion of Consultant's services at no
additional cost to City. Deliverables are identified in the Scope -of -Work, Attachment "A".
All documents produced by Consultant shall be furnished to City in digital format and
hardcopy. Consultant shall produce the digital format, using software and media
approved by City. City shall not be limited in any way in its use of the Documents and
Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at the City's sole risk
7.2 Goveming Law. Consultant shall comply with the laws and regulations of the United
States, the State of California, and all local governments having jurisdiction over this
Agreement. The interpretation and enforcement of this Agreement shall be governed by
California law and any action arising under or in connection with this Agreement must be
filed in a Court of competent jurisdiction in Mendocino County.
7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments
set forth the entire understanding between the parties.
7.4 Severability. If any term of this Agreement is held invalid by a court of competent
jurisdiction, the remainder of this Agreement shall remain in effect.
7.5 Modification. No modification of this Agreement is valid unless made with the agreement
of both parties in writing.
7.6 Assignment. Consultant's services are considered unique and personal. Consultant
shall not assign, transfer, or sub -contract its interest or obligation under all or any portion
of this Agreement without City's prior written consent.
7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement
shall be a waiver of any other or subsequent breach of the same or any other covenant,
term or condition or a waiver of the covenant, term or condition itself.
7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of
the Agreement; 2) because funds are no longer available to pay Consultant for services
provided under this Agreement; or 3) City has abandoned and does not wish to complete
the project for which Consultant was retained. A party shall notify the other party of any
alleged breach of the Agreement and of the action required to cure the breach. If the
Std ProtS‘mAcreemrnt• \member 20, 2003
PAGE 6 OF 7
COU No. 1920-241
breaching party fails to cure the breach within the time specified in the notice, the
contract shall be terminated as of that time. If terminated for lack of funds or
abandonment of the project, the contract shall terminate on the date notice of
termination is given to Consultant. City shall pay the Consultant only for services
performed and expenses incurred as of the effective termination date. In such event, as
a condition to payment, Consultant shall provide to City all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs and reports
prepared by the Consultant under this Agreement. Consultant shall be entitled to
receive just and equitable compensation for any work satisfactorily completed
hereunder, subject to off -set for any direct or consequential damages City may incur as
a result of Consultant's breach of contract.
7.9 Execution of Agreement. This Agreement may be executed in duplicate originals, each
bearing the original signature of the parties. Alternatively, this Agreement may be
executed and delivered by facsimile or other electronic transmission, and in more than
one counterpart, each of which shall be deemed an original, and all of which together
shall constitute one and the same instrument. When executed using either alternative,
the executed agreement shall be deemed an original admissible as evidence in any
administrative or judicial proceeding to prove the terms and content of this Agreement.
8.0 NOTICES
Any notice given under this Agreement shall be in writing and deemed given when
personally delivered or deposited in the mail (certified or registered) addressed to the
parties as follows:
CITY OF UKIAH
DEPT. OF WATER RESOURCES
300 SEMINARY AVENUE
UKIAH, CALIFORNIA 95482-5400
WEST YOST ASSOCIATES
1777 BOTELHO DRIVE, SUITE 240
WALNUT CREEK, CA 94596
9.0 SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date:
CONSULTANT
BY:
Dd2
P' 3.7(..gr- A�.c.�t� v,P
(o$- 03 ?OS L
IRS IDN Number
CITY OF UKIAH
BY:
ATTEST
GIACOMO
ANAGER
/1/6114A kidw
ITY CLERK
Srd hots csAgnemem• Nos'ember 70. 200$
PAGE 7 OF 7
t/; ►/Zfl
Date
3-3rCD d.c
Date
}- 3 2®w
Date
WEST YOST
611111A
ASSOCIA"ES
April 26, 2019
SENT VIA: EMAIL
Mr. Alan Hodge
Plant Superintendent
City of Ukiah
Public Works Department
300 Plant Road
Ukiah, CA 95482
SUBJECT: Proposal to Provide Professional Services — WWTP Training
Dear Mr. Hodge:
In response to your request, West Yost Associates (West Yost) is pleased to provide our proposal
to provide training at your Wastewater Treatment Plant (WWTP) for the anaerobic digesters and
trickling filter/solids contact processes. The training will be led by West Yost's senior project
manager, Tim Banyai who is familiar with the design, construction and operation of the WWTP.
PROJECT UNDERSTANDING
Improvements to the WWTP were completed in 2009. The improvements converted the existing
trickling filter plant to a trickling filter/solids contact plant for liquid treatment and added dissolved
air flotation thickening and upgraded the existing anaerobic digesters for solids treatment.
Improvements were completed on most of the WWTP except the existing advance wastewater
treatment filters, anaerobic digester heating system and solids dewatering.
The training for this project will focus on the anaerobic digester operation and trickling filter+solids
contact operation. If needed, training on other process at the WWTP can be completed under
separate contracts.
SCOPE OF WORK
Our proposed scope of work is divided into three key tasks, described in more detail below.
• Task 1. Review Background Information
• Task 2. Conduct Training Sessions
• Task 3. Project Management
Mr. Alan Hodge
April 26, 2019
Page 2
Task 1. Review Background Information
The existing drawings and specifications will be reviewed for the anaerobic digesters and trickling
filter/solids contact processes. The City will notify West Yost of changes made to the facilities
since construction was completed in 2009.
Task 2. Conduct Training Sessions
The information from Task 1 will be used to develop PowerPoint presentations for training
purposes. The training for the anaerobic digesters and trickling filter solids contact processes will
each be approximately four hours and will be completed on the same day. Laminated flow
schematic placards or something similar will be created to describe the operation of the anaerobic
digesters and trickling filter/solids contact processes for the City to post at each of the facilities.
The City will be responsible for placing the placards at the facilities.
Task 3. Project Management
Project management will be completed under this task. A short project plan will be developed as
part of this task. This task will also include invoicing. All work products will be reviewed by senior
West Yost staff as part of this task.
DESIGN FEE AND SCHEDULE
The work described above will be performed on a time and materials basis for an estimated fee of
$9,976. A breakdown of the fees are outlined in Attachment A and also the West Yost Billing Rate
schedule as Attachment B. The schedule for the project is expected to be completed in six weeks
from the Notice to Proceed.
If you have any questions or need any additional information regarding our qualifications, please
call Tim at (925) 949-5811. We look forward to working with the City on this training.
Sincerely,
WEST YOST AS OCIATES
I`/Y/1
Bob Ward, P.E.
Vice President
RCE# 43096
Attachment A: Training Fee Schedule
Attachment B: 2019 West Yost Billing Rate Schedule
TM/jb
WE ST YOS T ASSOCIATES
Timothy R. Banyai,
Project Manager
RCE# 60715
ATTACHMENT A
Training Fee Schedule
1 of 1
April 24, 2019
I4bst Yost Assoc/alas
PROJECT: WWTP Training
PE/PS/PG II
$264
Banyai
EM/SM M 11
$287
OC
AE/AS/AG 1
$194
Shimbetg
ADM IV
$133
WP/Graphics
Labor Cods
Hours i Fee Sub.
wf markup
i 10%
Other
Direct
Total
Costs
Fewew Aackground Information
1.01 Review Background Information
Subtotal, Task 1 (hours)
Subtotal, Task 1(S)
4
0
0
0
$ 1,056
1,058
1,056
Task 2 Ccnduct Trainrnq
2.01 Develop TraiMng Material
8
2
4
6
20
$ 4.260
$ 4,260
2.02 Conduct Training
8
$ 1,552
$ 1,064
1
8
$ 2,112
$ 9,978
$ 250
$ 2,362
2.03 Develop Placards
2
4
6
$ 1,304
$ 200
$ 1,504
Subtotal, Task 2 (hours)
18
2
8
6
34
Subtotal, Task 2 ($)
$ 4,752
$ 574
$ 1,552
$ 798 $ 7,676
$ 460
$ 8,126
Subtotal, Task 3 (hours)
Subtotal, Task 3 (S)
2
0
0
2
$ 528
TOTAL (hours)
24
2
8
8
42
TOTAL ($)
$ 6,336
$ 574
$ 1,552
$ 1,064
$ 9,526
$ 450
$ 9,978
rv-UMark■IngLLetler Proposats\City of UkrahIYYWTP Training\Ukarh WWTP Training Fee 04262019.zlsm
WEST Y4'
kb6..'4411111.Addlil
A S S O C I A T E S
1
ar
Mr. Alan Hodge
April 26, 2019
Page 2
ATTACHMENT B
West Yost Billing Rate Schedule
WEST YOST ASSOCIATES
WEST YOST
ASSOCIATES
2020 Billing Rate Schedule
(Effective January 1, 2020 through December 31, 2020)*
POSITIONS
LABOR CHARGES
(DOLLARS PER HR)
ENGINEERING
Principal/Vice President
$298
Engineering/Scientist/Geologist Manager I / II
$2831$295
Principal Engineer/Scientist/Geologist I / II
$257 / $272
Senior Engineer/Scientist/Geologist I / II
$230 / $241
Associate Engineer/Scientist/Geologist I / II
$198/$212
Engineer/Scientist/Geologist I / II
$160 / $185
Engineering Aide
$92
Administrative l / II / III / IV
$81/$102/$123/$135
ENGINEERING TECHNOLOGY
Engineering Tech Manager I / II
$291 / $294
Principal Tech Specialist I / 11
S268 / S279
Senior Tech Specialist I / II
$245 / $256
Senior GIS Analyst
S224
GIS Analyst
$211
Technical Specialist I / II / III / IV
$156 / $178 / $200 / $223
Cross Connection Specialist I / II / III / IV
$117/$127/$143/$159
CAD Manager
$178
CAD Designer I / II
$138 / $155
CONSTRUCTION MANAGEMENT
Senior Construction Manager
S289
Construction Manager I / II / III / IV
$174/$186/$1981$251
Resident Inspector (Prevailing Wage Groups 4 / 3 / 2 / 1)
$152/$169/$188/$196
Apprentice Inspector
$138
CM Administrative I / II
$74/$99
Field Services
$196
• Hourly rates include Technology and Communication charges such as general and CAD computer,
software, telephone, routine in-house copies/prints, postage, miscellaneous supplies, and other
incidental project expenses.
• Outside Services such as vendor reproductions, prints, shipping, and major West Yost reproduction
efforts, as well as Engineering Supplies, etc. will be billed at actual cost plus 15%.
• Mileage will be billed at the current Federal Rate and Travel will be billed at cost.
• Subconsultants will be billed at actual cost plus 10%.
• Expert witness, research, technical review, analysis, preparation and meetings billed at 150% of
standard hourly rates. Expert witness testimony and depositions billed at 200% of standard hourly
rates.
• A Finance Charge of 1.5% per month (an Annual Rate of 18%) on the unpaid balance will be added to
invoice amounts if not paid within 45 days from the date of the invoice.
This schedule is updated annually
Rates -1
WEST YOST
ASSOCIATES
2020 Billing Rate Schedule (continued)
(Effective January 1, 2020 through December 31, 2020)
Equipment Charges
EQUIPMENT
Gas Detector
Hydrant Pressure Gauge
Hydrant Pressure Recorder, Standard
Hydrant Pressure Recorder, Impulse (Transient)
BILLING RATES
$80/day
$10/day
$40/day
$55/day
Trimble GPS — Geo 7x
Vehicle
$220/day
$10/hour
Water Flow Probe Meter
$20/day
Water Quality Multimeter $185/day
Well Sounder $30/day
* This schedule is updated annually
Rates -2