HomeMy WebLinkAboutR-1996-027 FEMA ApplicationRESOLUTION NO. R-96- a
A RESOLUTION authorizing the execution of an agreement for
professional engineering services between the City of Yakima, a
municipal corporation, and DEC Engineering Services.
WHEREAS, the City of Yakima incurred significant damage to
Water and Wastewater facilities during a flood event in early February
of 1996; and
WHEREAS, the City wishes to ensure that necessary project
scoping, design, construction and financing assistance efforts are
initiated to repair such damage; and
WHEREAS, the City has also identified the need for specific
engineering services to accomplish the necessary repairs and access to
funding assistance; and
WHEREAS, DEC Engineering has been selected to provide
professional engineering services in response to the City's need to repair
the flood damaged assets and pursue all available funding assistance;
and
WHEREAS, an agreement with DEC Engineering Services to provide
these services to the City of Yakima is in the best interest of the City of
Yakima, now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA:
The City Manager and City Clerk are hereby authorized to execute
the attached and incorporated Contract for professional engineering
services with DEC Engineering Services for the City of Yakima.
ADOPTED BY THE CITY COUNCIL THIS 6th DAY OF mCW)), 1996.
ATTEST:
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City Clerk
3/5/96 cw
dec contract res.
Mayor
DEC -NGINEERING SERVICES ("ENG' 7,ER")
STANDAR!, AGREEMENT FOR PROFESSION,-, SERVICES
Engineer Office Address 4805 Castleview Dr. , Yakima, WA 98908
Flood Damage
Project Name Rehabilitation Proiect Engineer Project No. 96-3-1
Client
City of Yakima
Address
129 N. 2nd Street -
Yakima, VAshington 98901
CLIENT requests and authorizes ENGINEER to perform the following services:
SCOPE: 1.) Coordinate rehabilitation work between the City of Yakima, FEMA, and
the Corp of Engineers for the industrial sprayfield, river dike, and levy
structures damaged by flood waters. 2.) Provide preliminary engineering
report assessment of damages and associated costs. 3.) Provide contract
bid documents and cost estimates for rehabilitation work. 4.) Provide
construction management services as required.
COMPENSATION by CLIENT to ENGINEER will be on the basis of 1 .) Coordinating Services
@$62.40/hour for up to 640 hours to cover
beginning with City/Engineer execution of
Services @$J10/hour. 3.) Computer D)sign
up to eight consecutive months
this agreement. 2.) Field Survey
Services @$57/hour.
When compensation is on a cost -reimbursable basis, a service charge of 10 percent will be added to Direct
Expenses. All sales, use, value added, business transfer, gross receipts, or other similar taxes will be added
to ENGINEER'S compensation when invoicing CLIENT.
OTHER TERMS: 1 .) The City of Yakima will provide the coordinator, Dennis
E. Covell, with suitable office space, telephone and support facilities,
including typing and miscellaneous supply items. 2.) Provide full infollnation
as to the requirements for this project. 3.) Make readily available all
information pertinent to the duties outlined in the project scope.
Services covered by this AGREEMENT will be performed in accordance with the Provisions and any
attachments or schedules. This AGREEMENT supersedes all prior agreements and understandings and my
only be changed by written amendment executed by both parties.
Approved in• CLIENT
tY
City
By
Atter" '
Date
Clerk
A
By
for ENGINEER Coo&
Title Owner; DEC Engineering Services
Date
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Client requests and authorizes Engineer to perform the following services:
Scope (continued): IA) Coordinate rehabilitation work between the City
of Yakima, FEMA and other potential funding sources for the Water
Treatment Plant contact basin, Water Treatment Plant filter media,
Fruitvale Canal headworks and any other public water facilities damaged
by flood waters.
PROVISIONS
1. Authorization to Proceed
Execution of this AGREEMENT by _CLIENT will be authorization for
ENGINEER to proceed with the work unless otherwise provided for in
this AGREEMENT.
2. Salary Costs
ENGINEER Salary Costs, when the basis of compensation, are the
amount of wages or salaries paid ENGINEER employees for work
directly performed on the PROJECT plus a percentage applied to all
such wages or salaries to cover all payroll -related taxes. payments,
_ premiums, and benefits.
3. Per Diem Rates
ENGINEER Per Diem Rates, when the basis of compensation, are
those hourly daily rates charged for work performed on the PROJECT
by ENGINEER employees of the indicated classifications. These rates
are subject to annual calendar year adjustments and include all
allowances for salary, overheads, and fee, but do not include
allowances for Direct Expenses.
4. Direct Expenses
ENGINEER Direct Expenses are those necessary costs and charges
incurred for the PROJECT including, but not limited to: (1) the direct
costs of transportation, meals and lodging, mail, subcontracts and
outside services; special CLIENT approved PROJECT specific
insurance, letters of credit, bonds, and equipment and supplies; (2)
ENGINEER current standard rate charges for direct use of ENGINEER
vehicles, computing systems, laboratory test and analysis, word
processing, printing and reproduction services, and certain field
equipment and (3) ENGINEER standard project charges for special
health and safety requirements of OSHA and telecommunications
services.
5. Cost Opinions
Any cost opinions or PROJECT economic evaluations provided by
ENGINEER will be on a basis of experience and judgment but, since it
has no control over market conditions or bidding procedures,
ENGINEER cannot warrant that bids, ultimate construction cost or
PROJECT economics will not vary from these opinions.
6:— Termination
This AGREEMENT may be terminated for convenience on 10 days'
written notice, or for cause, if either party fails substantially to perform
through no fault of the other and does not commence correction of
such non performance within 5 days of written notice and diligently
complete the correction thereafter On termination, ENGINEER will be
paid for all authorized work performed up to the termination date plus
termination expenses, such as, but not limited to, reassignment of
personnel, subcontract termination costs, and related closeout costs. If
no notice of termination is given, relationships and obligations created
by this AGREEMENT, except Articles 8 through 11, will be terminated
upon completion of all applicable requirements of this AGREEMENT.
T. Payment to ENGINEER
Monthly invoices will be issued by ENGINEER for alt work performed
under this AGREEMENT Invoices are due and payable on receipt.
Interest at the rate of 1-112 percent per month, or that permitted by law
if lesser, will be charged on all past -due amounts starting 30 days after
date of invoice. Payments will first be credited to interest and then to
principal.
in the event of a disputed or contested billing, only that portion so
contested will be withheld from payment, and the undisputed portion
will be paid. CLIENT will exercise reasonableness in contesting any bill
or portion thereof. No Interest will accrue on any contested portion of
the billing until mutually resolved.
8. Severability and Survival
If any of the provisions contained in this AGREEMENT are held illegal
invalid or unenforceable, the enforceability of the remaining provisions
shall not be impaired thereby. Limitations of liability, indemnities and
other express representations shall survive termination of this
AGREEMENT for any cause.
9. Interpretation
The limitations of liability and indemnities will apply whether ENGINEER
liability arises under breach of contrail or warranty; tort, including
negligence; strict liability; statutory liability; or any other cause of action
except the limitations will not apply to willful misconduct or gross
negligence for limitations of liability or sole negligence for indemnification.
Said limitations shall apply to ENGINEER officers, affiliated corporations,
employees and subcontractors. The law of the State of
Waghirejtcn shall govem the validity of this AGREEMENT. its
interpretations and performance, and any other claims related to it. -
10. No Third Party Beneficiaries
This AGREEMENT gives no rights or benefits to anyone other than
CLIENT and ENGINEER and has no third party beneficiaries.
ENGINEER services are defined solely by this AGREEMENT, and not by
any other contract or agreement that may be associated with the
PROJECT.
11. Liability
a. ENGINEER services shall be governed by the negligence standard
for professional services, measured as of the time those services
are performed.
b. To the maximum extent permitted by law, ENGINEER
liability for CLIENT damages for any cause or combination of
causes will in the aggregate. not exceed $ 50,000.
c. To the maximum extent permitted by law, CLIENT will indemnify
ENGINEER from all claims, damages, losses, and costs, including
litigation expenses and attomey's fees, In excess of the lents set
forth in 11 b. and arising out of or related to ENGINEER
performance under this AGREEMENT.
d. CLIENT waives any right that limits, voids, or makes unenforceable
the obligations of CLIENT set forth above. If any such right is
deemed or ruled not to be subject to waiver, the parties agree that
an amount equal to the obligation of CLIENT set forth above as If
enforceable will be paid to ENGINEER by CLIENT as additional
compensation for ENGINEER services.
e. As used herein, ENGINEER includes any affiliated corporations,
subcontractors, and any of Its or their officers, or employees.
f. This Provision takes precedence over any conflicting Provision of
this agreement or any document incorporated Into it or referenced
by it.
OWNER waives all claims against ENGINEER including those for
latent defects, that are not brought within six months of substantial
completion of the facility designed or final payment to ENGINEER
whichever is earlier.
g•
12. Materials and Samples
Any items, substances, materials, or samples removed from the
PROJECT site for testing. analysis, or other evaluation will be returned to
the PROJECT site within 60 days of PROJECT close-out unless agreed
to otherwise. CLIENT recognizes and agrees that ENGINEER is acting as
a bailee and at no time assumes title to said items, substances,
materials, or samples.
13. Assignments
This is a bilateral personal services AGREEMENT. Neither party shall
have the power to or will assign any of the duties or rights or any claim
arising out of or related to this AGREEMENT, whether arising in tort,
contract or otherwise, without the written consent of the other party. Any
unauthorized assignment is void and unenforceable. These conditions
and the entire AGREEMENT are binding on the heirs. successors, and
assigns of the parties hereto.
Form 95-5-1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1
For Meeting Of 3/5/96
ITEM TITLE: Resolution Authorizing Professional Services Contract With Dennis
Covell, PE for Industrial Sprayfield Rehabilitation, Wastewater Dike
Restoration and Water Treatment Facility Rehabilitation Project
Management
SUBMITTED BY: Chris Waarvick, Wastewater Superintendent
Duane Calvin, Acting Water Superintendent
Glenn Rice, ACM
CONTACT PERSON/TELEPHONE: Chris Waarvick/575-6078
SUMMARY EXPLANATION:
Council is respectfully requested to approve the attached resolution authorizing the City
Manager to execute the attached agreement with Dennis Covell, PE to manage flood related
damage rehabilitation and funding application activities for the damage repair. The recent
severe flooding in early February caused significant damage to physical structures and
assets of the Wastewater and Water Treatment Divisions. The Industrial Sprayfield was
severely damaged in what is known as "B -Bench" when the dike structure breached between
it and the Yakima River. The dike structure overtopped at certain points and lost significant
height. The Yakima Greenway, which rests on top of the dike structure was lost to the
flooding in many areas and cannot be repaired until the dike and levy structures are
rehabilitated. The Water Treatment Facility may require replacement of the filter media due to
extreme turbidities (sediment) experienced during the flood. The filter wash lagoon also
(...continued..)
Resolution X Ordinance _Contract X Other (Specify) Letter of Support form Del
Montes
Funding Source Water and Sewer Capital Reserves
APPROVED FOR SUBMITTAL: ��� `•
City Manager
STAFF RECOMMENDATION:
Approve the attached resolution authorizing the City Manager to execute the attached
professional services agreement with Dennis Covell, PE for flood related damage
rehabilitation and funding assistance management.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution Adopted. Resolution No. R-96-27
dc contact
February 27, 1996 cw
received damage which requires repair. Lastly, the Fruitvale Power Canal Headworks was
damaged in the flood when it was over topped by the flood waters from the Naches River.
The US Army Corp of Engineers (Corp) and FEMA will be called upon to assist the City in
these repairs. City labor and equipment expenses used during the flood to assist its citizens
and protect structures will also be requested for reimbursement from FEMA. President
Clinton has declared the area a disaster area eligible for FEMA assistance. The dike and
levy structure is under Corp jurisdiction for rehabilitation purposes.
ASSET ESTIMATED DAMAGE FUNDING AGENCY POTENTIAL %
Industrial Waste $300,000
Sprayfield
Wastewater Dike $500,000+
and Levy
Water Treatment $300,000+
Division
FEMA/City
Corp/City
FEMA/City
75/25
80/20
75/25
Managing these unanticipated rehabilitation projects will require assistance to ensure timely
repair and fullest possible reimbursement of expenses from the funding agencies. The
assistance of Dennis Covell, PE will be invaluable and necessary in accomplishing the
above projects. His expenses will be reimbursable and/or calculated as local match with
respect to financial matters. An initial estimate of 20 hours per week for up to eight months at
$62.40 per hour is provided by Dennis Covell, PE for project scoping, design, contract
administration and funding assistance management. A predesign budget, in addition to
Dennis Covell's services, is identified at $25,000 for the necessary survey and computer
design work to define a more accurate cost estimate for work requiring contracts and formal
bids. Water and Sewer capital reserves will be used to fund the local matching expenses.
dc contract
February 27, 1996 cw