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Home My WebLink AboutR-1999-074 PROFESSIONAL ENGINEERING SERVICES AGREEMENT REGARDING THE VENTILATION SYSTEM OF YAKIMA CITY HALL.RESOLUTION NO. R-99- 74 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to negotiate and execute a professional engineering services agreement with Bouillon, Inc., regarding the ventilation system of Yakima City Hall, 129 North Second Street, Yakima, Washington. WHEREAS, the City requires professional engineering design, specification, and testing/balancing services associated with the ventilation system of Yakima City Hall, 129 North Second Street, Yakima, Washington; and WHEREAS, Bouillon, Inc. represents that it has the expertise necessary and is willing to perform the engineering services required by the City for a sum not to exceed $36,772.00; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize the City Manager or his designee to negotiate and execute an engineering services agreement with Bouillon, Inc. for said engineering services; now,. therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima or his designee is hereby authorized and directed to negotiate and execute an engineering services agreement with Bouillon, Inc., regarding the ventilation system of Yakima City Hall, 129 North Second Street, Yakima, Washington. The final form of the professional engineering services agreement shall be reviewed and approved by the City Attorney.. ADOPTED BY THE CITY COUNCIL this 18th day of May, 1999. ATTEST: City Clerk 9 C_ 1,74C_ ohn Puccinelli, Mayor Bouillon May 24, 1999 JUN 0 4 1999 Mr. Richard Colgan Building Superintendent Yakima City Hall 129 North Second Street Yakima, Washington 98901 Subject: Proposal for Professional Engineering Consulting Services Building Air Conditioning Load Analysis and As -Built Drawings Bouillon Job No. 1-99084.90 Dear Mr. Colgan: Thank you for the opportunity to participate in the engineering needs of Yakima City Hall. Bouillon, Inc. proposes to furnish mechanical engineering and testing and balancing services in accordance with the Engineering Service Agreement proposed by the City of Yakima. Based on the project scope discussion between you and Gerald Gettel on March 11, 1999, Bouillon proposes to provide professional engineering services for the two proposed work scope options. Proposed fees and project description of work: Option 1 : $10,622.00 - Lump Sum Provide engineering services to investigate the as -built room, ceiling and installed ductwork conditions. Produce new room by room load analysis with new room airflows to meet current building usages. Produce new one -line duct drawings on CAD drawing backgrounds provided by the City of Yakima showing locations of diffusers , exhaust air inlets and calculated supply and exhaust (cfm) flow rates. We will be able to begin this phase the week beginning June 7, 1999 if the notice to proceed is received by Tuesday, June 1, 1999. We expect to complete this phase on Friday, June 25. 1999, or three weeks after receipt of the notice to proceed. Option 2 : $26,150.00 - Lump Sum Provide field testing and balancing services to balance the supply and return air systems serving the Basement, 1st Floor and 2°' Floor areas to the new airflows 700 Fifth Avenue Suite 5800 • Seattle, WA 98104 • (206) 682-3910 FAX: (206) 682-3916 Mr. Richard Colgan May 24, 1999 Page 2 calculated under Option 1. Four copies of a bound balancing report with the final airflow at each supply grille and each exhaust opening will be provided. All balancing equipment will be calibration tested and certified per NEBB standards prior to use on this project. We will begin balancing work after the work under Option 1 is completed and accepted by the City of Yakima. We expect to complete all work under Option 2 within six weeks after receipt of the notice to proceed with Option 2. The quoted amounts include travel, subsistance and lodging for a two person crew. Additional services beyond the scope of this proposal will be negotiated prior to execution and would be provided on a time and expense basis in accordance with our then current standard hourly billing rates. We appreciate this opportunity to provide engineering and balancing and testing services. If this proposal is satisfactory, please sign both originals, and send one to us as your authorization for us to proceed. Sincerely, BOUILLON, INC. By..,f .,...;.� j. Geld E. Gettel, P.E Project Manager Approved: e. e.Vit.................. Ne l M. Reid, P.E. Senior Vice President GEG/nlm N:\ENGR\Yak City Hall\RevisedFeeProp05249.doc Accepted: YAKIMA CITY HALL ("1:t14 By... Pda.... ******* ,„... . . .i.e.c-X:-.--:::-:-- Rich Colgan Building Superintendent Richard A. Zais, Jr. City Manager ENGINEERING SERVICES AGREEMENT THIS ENGINEERING SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"), and Bouillon, Inc. (hereinafter "Engineer"). WHEREAS, the City requires engineering design and testing/balancing services associated with the ventilation system of Yakima City Hall, 129 North Second Street, Yakima, Washington. WHEREAS, the Engineer represents that it has the expertise necessary and is willing to perform the engineering services required by the City in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Engineer as follows: 1. Scope of Services. The Engineer shall perform engineering design and testing/balancing services associated with the ventilation system of Yakima City Hall, 129 North Second Street, Yakima, Washington. These engineering services are more fully described in a May 24, 1999 letter from Engineer, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference. The Engineer shall proceed with the engineering services in a timely and diligent manner in accordance with the schedule provided in Exhibit A. The Engineer shall not be responsible for delays caused by circumstances beyond the Engineer's control or which could not have been reasonably foreseen by the parties at the time the Agreement was executed. 2. Term of Agreement. The term of this Agreement shall commence upon execution hereof and shall terminate at the time of completion of all services/tasks required and described in Section 1 of this Agreement, unless the Agreement is earlier terminated by either party under Section 22 of this Agreement. 3. Compensation. a. Fees for Services. Except for compensation for additional services as provided under Section 4, the City shall compensate the Engineer a total of no more than Thirty Six Thousand Seven Hundred and Seventy Two Dollars ($36,772.00) for all services required and rendered under the terms of this Agreement; provided, however, that the City may agree to additional compensation for additional services provided under Section 4. The compensation for services shall be allocated in accordance with the service and fee description provided in Exhibit A. Page 1 of 7 b. Payment of Compensation. Engineer shall submit monthly invoices to the City. Said invoices shall itemize all services rendered during the preceding monthly period. The City shall make payment to the Engineer within thirty (30) calendar days of receipt of the invoice. All payments are expressly conditioned upon the Engineer providing services hereunder that are satisfactory to the City. c. Payment in the Event of Termination. In the event that either party terminates this Agreement under Section 22, Engineer shall be compensated in accordance with the above terms for all satisfactory services provided to the City up to the effective termination date. 4. Additional Services and Charges. During the term of this Agreement, the City may require additional services and/or changes to the scope of the services provided by the Engineer under this Agreement. The City shall provide the Engineer with written notice of such additional services and/or changes. If such additional services and/or changes affect the cost or time required for performance of this Agreement, the Engineer may request in writing an adjustment in the compensation and/or time of performance for such services. A written request for such an adjustment must be received by the City within ten (10) calendar days from date of the City's written notice regarding such additional and/or changed services; otherwise, the Engineer shall be deemed to have waived the need for any adjustment in compensation and/or time of performance for such services. If an adjustment is requested, the Engineer shall not proceed with the additional services/changes until such time as the adjustment in compensation and/or time of performance is approved by the City. 5. Maintenance of Financial Records/Documents. The Engineer shall make the cost records, accounts and related financial documents pertaining to this Agreement available for inspection by representatives of the City during the term of this Agreement and for a period of three (3) years following the final payment to the Engineer by the City. In the event that any audit or inspection identifies any discrepancy in such financial records, the Engineer shall provide the City with appropriate clarification and/or financial adjustments within thirty (30) calendar days of notification of the discrepancy. 6. Standard of Performance. The Engineer shall perform all work and services required under this Agreement in accordance with generally accepted engineering and consulting standards, and shall be responsible for the technical soundness and accuracy of all work and services furnished pursuant to this Agreement. 7. Ownership of Documents. All reports, designs, drawings, and specifications prepared by the Engineer pursuant to this Agreement shall be the property of the City upon payment being made by the City to the Engineer in accordance with Sections 3 of this Agreement. The Engineer shall provide the City with originals and/or reproducible copies of such documents when requested by City representatives. Page 2 of 7 8. Information to be provided by the City. The City shall provide the Engineer with access to all information at its disposal that is pertinent to the ventilation system of Yakima City Hall, including but not limited to previous reports, drawings, plats, surveys, utility records, and other similar data. 9. Status of Engineer. Engineer and the City understand and expressly agree that Engineer is an independent contractor in the performance of each and every part of this Agreement. The Engineer shall have the sole judgment of the means, mode or manner of the actual performance of services required under this Agreement. The Engineer, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. Additionally, and as an independent contractor, the Engineer and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement. 10. Taxes and Assessments. Engineer shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, Engineer shall pay the same before it becomes due. 11. Nondiscrimination Provision. During the performance of this Agreement, Engineer shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap in violation of any applicable federal, state, or local law and/or regulation. 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. 12. Compliance With Law. Engineer agrees to perform all services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 13. No Insurance. It is understood the City does not maintain liability insurance for Engineer or its employees and subcontractors. 14. Indemnification and Hold Harmless. Page 3 of 7 a. Engineer agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, officers, employees and agents from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) caused by or occurring by reason of any negligent act, error and/ or omission of the Engineer, its officers, employees, agents, and/or subcontractors, arising out of or in connection with the performance or non-performance of the services, duties, and obligations required of the Engineer under this Agreement. b. In the event that the Engineer and the City are both negligent, the Engineer's liability for indemnification of the City shall be limited to the contributory negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) that can be apportioned to the Engineer, its officers, employees, agents, and/or subcontractors. c. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 15. Insurance provided by Engineer. a. Commercial Liability Insurance. On or before date the this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no rightupon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). 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. b. Commercial Automobile Liability Insurance. On or before date this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance with minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is Page 4 of 7 issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). 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. c. Professional Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance as evidence of Professional Errors and Omissions Liability Insurance with coverage of at least One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate limit of at least One Million Dollars ($1,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before the commencement of this Agreement, or shall provide full prior acts. The insurance coverage shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement. d. Insurance provided by Subcontractors. The Engineer shall ensure that all subcontractors it utilizes for work/services required under this Agreement shall comply with all of the above insurance- requirements. 16. Delegation of Professional Services. The services provided for herein shall be performed by Engineer, and no person other than regular associates or employees of Engineer shall be engaged upon such work or services except upon written approval of the City. 17. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Engineer to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Engineer stated herein. 18. No Conflict of Interest. Engineer represents that it or its employees do not have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance- of this Agreement. Engineer further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. Page 5 of 7 19. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 20. Integration. This written document constitutes the entire agreement between the City and Engineer. There are no other oral or written Agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 21. Non -Waiver. The waiver of either the City or Engineer -of the -breach of any provision of this Agreement by the -other party shall not operate and/or be construed as a waiver of any subsequent breach by -either -party or prevent either -party thereafter enforcing such provision. 22. Termination. The City or Engineer may terminate this Agreement, with or without cause, by giving the other party ten (1-0) calendar days -written notice of termination. 23. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the -parties to their addresses as follows: TO CITY: TO ENGINEER: Richard Colgan Building Superintendent Yakima City Hall 129 North Second Street Yakima, Washington 98901 Gerald E. Gettel Project Manager Bouillon, Inc. 700 Fifth Avenue Suite 5800 Seattle, Washington -98104 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Page 6 of 7 25. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA BOUILLON, INC. By:\`, R. A. lais, Jr., City Manager DATE: 6' —7 — • ATTEST: By: Its: V4 - DATE: City Clerk City Contract No. 99-73 Resolution No. R-99-74 Page 7 of 7 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.: 1 g For Meeting of: May 18, 1999 ITEM TITLE: Consideration of a Resolution Authorizing a Professional Engineering Consulting Services Contract with Bouillon Inc.for Air Balancing of City Hall SUBMITTED BY: t4Vi liam Cook, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: Richard Colgan, Building Superintendent (575-6039) SUMMARY EXPLANATION: Due to the recent remodeling, air -balancing for City Hall is time -sensitive. With changes in space - utilization and widespread addition of suspended ceilings, there is a need to have air flow requirements for each room revisited and reevaluated. The goal of this project is to get accurate as -built drawings of current diffuser layouts, determine CFM (cu. Ft/minute) needs and adjust dampers accordingly. The desired result would be to maximize the effectiveness of the existing A/C system, while exploring future options for a new system. Attached is Bouillon Engineers proposal for engineering, testing and balancing services. Implementation of this balancing prior to hot weather is recommended. It is estimated that this work could take 30-60 days to complete at a cost of $36,772. Resolution X OrdinanceContract Other Specify Bouillon Engineers Proposal Funding Source: 1999 City Hall Renovations Budget (342 fund) APPROVAL FOR SUBMITTAL: City Manager er STAFF RECOMMENDATION: Approve resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: