HomeMy WebLinkAboutR-2000-117 2001 Water Comprehensive Plan Update - Thomas E. Coleman Consulting Services ContractA RESOLUTION
RESOLUTION NO. R- 2000-117
authorizing execution of a contract with Thomas E. Coleman
Consulting Services, a Washington sole proprietorship, for the
2001 update to the Water Comprehensive Plan
WHEREAS, the City of Yakima has need for consulting services related to the
2001 Water Comprehensive Plan as required by Washington State Department of
Health; and
WHEREAS, the City does not possess in-house staff qualified, nor time to
perform the necessary work involved in the Water Comprehensive Plan; and
WHEREAS, the City of Yakima has complied with the provisions of RCW 39.80
which concerns the procurement of engineering and architectural services by a city; and
WHEREAS, the City Council deems it to be in the best interest of the City to
enter into a contract with Thomas E. Coleman Consulting Services, for the 2001 Water
Comprehensive Plan; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager, City Clerk and the Assistant City Manager are hereby authorized
and directed to execute the attached and incorporated "Consulting Agreement" together
with its attachments.
ADOPTED BY THE CITY COUNCIL this 19th day of September 2000.
ATTEST:
Karen Roberts, City Clerk
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 Thomas E. Coleman, P.E. Consulting Services,
a Washington sole proprietorship (hereinafter "Engineer").
WHEREAS, the City requires engineering services regarding the preparation of
an update to the 1995 Comprehensive Water Plan for the City of Yakima.
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 provide the City with professional
engineering services associated with the preparation of an update to the comprehensive
water plan which was completed in 1995. A general description of the project is
attached hereto as Exhibit "A" and incorporated herein by this reference.
The Engineer shall provide said engineering services to the City through a series
of mutually agreed task orders that shall become a part of this Agreement. Specifically,
prior to commencement of any services, the City and the Engineer shall mutually agree
upon and execute a task order for the specified engineering services. Each task order
shall describe the following items; the services to be provided; the time of performance
for the services; the fee for the services; and any provisions additional to this
Agreement. The engineering services may include, but are not limited to, the services
listed on general project description and draft task orders attached hereto as Exhibit A.
However, execution of this Agreement does not obligate either party to provide or
accept any services listed in Exhibit A until the parties have mutually agreed upon and
executed a specific task order for the services.
2. Time Period for Performance of Services. The term of this Agreement shall
commence upon execution hereof and shall terminate at the time of completion of all
services/tasks required hereunder unless the Agreement is earlier terminated by either
party under Section 22 of this Agreement. The Engineer shall provide such services as
are described on executed task orders in accordance with the time schedule set forth on
attached and incorporated Exhibit "B". The Engineer shall proceed with such services
in a timely and diligent manner, but shall not be responsible for delays caused by
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circumstances beyond the Engineer's control or which could not have been reasonably
foreseen by the parties at the time the respective task order was executed.
3. Compensation.
a. Fees for Services. For each specified task order executed by the parties,
the Engineer shall be paid for such services on a time spent basis in accordance with the
fee schedule attached hereto as Exhibit "C" and incorporated herein by this reference.
Said fee schedule is subject to revision by the Engineer not sooner than one (1) year after
execution of this Agreement, and no more once each year thereafter.
b. Maximum Fee for Services. Each executed task order shall describe the
maximum fee to which the Engineer shall be entitled to under that task order. The
maximum fee shall represent the best estimate of the parties of the maximum cost of the
Engineer's services specified in that task order.
c. Renegotiation of Maximum Fee. The Engineer reserves the right to
renegotiate the maximum fee specified in a particular task order if the scope of services
in the task order is changed by the City, or if conditions beyond the control of the
parties shall cause the Engineer to incur additional costs and expenses in providing the
services required under the task order. In either event, the Engineer shall promptly
notify the City in writing of the anticipated additional fees or reduction of fees.
Thereafter, and unless otherwise agreed by the parties, the Engineer shall not proceed
with the modified/changed services until the parties agree in writing to a renegotiated
maximum fee for that task order.
d. 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.
e. 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 services completed satisfactorily, provided to
the City up to the effective termination date.
f. 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
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appropriate clarification and/ or financial adjustments within thirty (30) calendar days
of notification of the discrepancy.
g. Permit and Advertising Cost. The City shall pay all fees for costs of
necessary permits, advertising and similar items normally associated with public works
projects.
4. 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.
5. Cost Estimates. The City is herewith advised that the Engineer has no control
over the cost of labor, material, equipment; subcontractors' and suppliers' methods of
producing and delivering such goods and services; or over the methods and styles of
competitive bidding or market conditions. Accordingly, the Engineer's cost estimates
are made and furnished on the basis of the Engineer's experience and qualifications and
represent only best judgment as an engineering firm familiar with the construction
industry. As such, the Engineer cannot and does not warrant or guarantee the accuracy
of its cost estimates, or that cost estimates will not vary significantly from the actual
project or construction costs realized by the City.
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 electronic files, originals
and/ or reproducible copies of such documents in accordance with the respective task
order, or when requested by City representatives. The Engineer does not intend or
represent that such documents are suitable for reuse by the City or others on extensions
of this project or with regard to any other project. Any such reuse without the written
permission of the Engineer shall be at the City's risk.
8. Design Intent. The Engineer shall prepare the design documents, drawings, and
specifications with the understanding that a representative of the Engineer may be
observing the quality and progress of the resulting construction for compliance with the
design intent. Additionally, the parties agree that compensation for such monitoring
shall be addressed in an appropriate task order.
9. 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 site of project area,
including but not limited to previous reports, drawings, plats, surveys, utility records,
and other similar data. Absent specific written direction to the contrary, the Engineer
shall be entitled to rely upon the completion and accuracy of such documentation.
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10. 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 work/services required under this Agreement. The
Engineer, as an independent contractor, assumes the entire responsibility for carrying
out and accomplishing the work/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.
11. 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.
12. 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. 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.
13. Compliance With Law. Engineer agrees to perform all work/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.
14. No Insurance. It is understood the City does not maintain liability insurance for
Engineer or its employees and subcontractors.
15. Indemnification and Hold Harmless.
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 attorneys' fees and disbursements)
caused by or occurring by reason of any negligent act and/or omission of the Engineer,
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its officers, employees, agents, and/or subcontractors, arising out of or in connection
with the performance of this Agreement.
b. In the event that both Engineer and the City are 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.
16. 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 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.
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
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
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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 January 1,
1998, 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.
17. 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.
18. 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.
19. 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.
20. 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.
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21. 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.
22. Termination. The City or Engineer may terminate this Agreement, with or
without cause, by giving the other party thirty (30) calendar days written notice of
termination.
22. Notices. Unless stated otherwise herein, all notices and demands shall be in
writing and sent or hand delivered to the parties to their addresses as follows:
TO CITY:
TO ENGINEER:
Dave Brown
Water/ Irrigation Engineer
2301 Fruitvale Blvd.
Yakima, WA 98902
Thomas E. Coleman, P.E.
Consulting Services
105 South Third Street
Yakima, WA 98901
or to such other addresses as the parties may hereafter designate in writing. Notices
and/ or demands shall be sent by registered or certified mail, postage prepaid, or hand
delivered. Such notices shall be deemed effective when mailed or hand delivered at the
addresses specified above.
23. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
24. 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
By:
A. Zais, r.,
City Manager
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.104\
THOMAS E. COLEMAN, P.E.
CONSULTING SERVICES
By: ) krAV...,o
Thomas E. Coleman, P.E.,
Owner
DATE: q- o _o 0 DATE: cir „Q„ C)— o -.C.)
ATTEST:
,e A52,6 --e
Karen Roberts
City Clerk
City Contract No. 2000-80
Resolution No. R-2000-117
Page 8 of 8
EXHIBIT A - TASK ORDER NO. 1
COMPREHENSIVE WATER PLAN UPDATE — PHASE I
1. Project Management. Task includes project management and project meetings for
coordination of the work elements with water and irrigation staff and other city
departments.
2. Description of the Water System. This task corresponds to Chapter 1 of the
Comprehensive Plan Update to include those sub -elements as outlined in the
Washington State Department of Health Water System Planning Handbook, April
1997 (WSPH). All mapping to be included in this chapter will be provided by the
City.
3. Basic Planning Data and Water Demand Forecasting. This task corresponds to
Chapter 2 of the Comprehensive Plan Update to include those sub -elements as
outlined in the WSPH. All mapping to be included in this chapter will be provided by
the City.
4 Operation and Maintenance Program. This task corresponds to Chapter 6 of the
Comprehensive Plan Update to include those sub -elements as outlined in the WSPH.
5 Distribution Facilities Design and Construction Standards. This task corresponds to
Chapter 7 of the Comprehensive Plan Update to include those sub -elements as
outlined in the WSPH. Completion of this task will consist of assembling the relevant
standards from current City of Yakima design and construction standards.
6. Prepare Draft Comprehensive Plan Update for Phase I Tasks. Prepare working drafts
of the Chapters outlined in the tasks described above. Two copies of the Phase I draft
will be submitted to the City.
7. Prepare Scope of Work and Budget for Phase II. Prepare scope of work and budget
for work outlined below to be completed as Phase II (Task 2).
The Phase I (Task Order 1) scope of work does not include the following planning
elements which will be addressed under a subsequent task order for Phase II:
Chapter 3 - System Analysis
Chapter 4 - Conservation Program, Water Right Analysis, System
Reliability, and Interties
Chapter 5 - Source Water Protection
Chapter 8 - Improvement Program
Chapter 9 - Financial Program
The City and the Consultant by mutual written agreement may elect to modify the Phase I
scope of work to include some Phase II work tasks or to defer some Phase I work tasks to
Phase II.
Exhibit A -Task Order No. 1 Phase I Comprehensive Plan Update
1 of
ESTIMATED LABOR FEE FOR TASK ORDER NO. 1
(Figure represents the maximum labor fee not to be
exceeded except by written authorization)
$49,500.00
ESTIMATED EXPENSES FOR TASK ORDER NO.1 $500.00
Task Order No. 1: Authorization to Proceed
City of Yakima:
By: Glenn Rice, Assistant City Manager Date
Engineer:
BY: Date
EHhibit A. -Task Order Na. 1 Phase I Comprehensive Plan Update
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EXHIBIT B — Task Order No. 1
TIME PERIOD FOR PERFORMANCE OF SERVICES
August 24, 2000
The Engineer (Thomas E. Coleman, P.E.) intends to provide to the City of Yakima timely
completion of all authorized services and tasks as indicated in the Agreement. The expected
project timeline is indicated in the table below.
Work Item
Start Date
Estimated Time of
Completion
Task 1. Project
Management
Upon authorization by City
Throughout project period
Task 2. Description of the
Water System
Upon authorization by City
8 weeks
Task 3. Basic Planning Data
and Water Demand
Forecasting
About November 1, 2000
8 weeks
Task 4 Operation and
Maintenance Program
About January 1, 2001
4 weeks
Task 5 Distribution
Facilities Design and
Construction Standards
About February 1, 2001
4 weeks
Task 6. Prepare Draft
Comprehensive Plan Update
for Phase I Tasks
About March 1, 2001
6 weeks
Task 7. Prepare Scope of
Work and Budget for Phase
II.
About November 1, 2000
3 weeks
Exhibit B1 — Task Order No. 1 1 of 1 Phase I Comprehensive Plan Update
EXHIBIT C
COMPENSATION FOR SERVICES
August 24, 2000
Summary of Exhibit C
Exhibit "C" is an attachment to the Agreement between Thomas E. Coleman, P.E.
Consulting Services (Engineer) and the City of Yakima (City) for engineering services
related to the preparation of an update to the 1995 Comprehensive Water Plan. Exhibit
"C" includes the rates and the maximum fee to be charged for the services described in
the Agreement and attached exhibits. Task Order 1 will include Phase 1 of the
Comprehensive Plan Update as described in the Agreement.
Fee Schedule for Services
A Schedule of Charges for Thomas E. Coleman, P.E. Consulting Services is as follows:
Personnel Role Classification Rate
Thomas E. Coleman Project Manager/Engineer Principal $ 55.00/hr
As required Word Processing/Clerical Administrative $ 40.00/hr
II. Maximum Fee for Services
The maximum fee for services to be provided in completing Phase 1 of the
Comprehensive Plan Update shall be $ 50,000
Comprehensive Water Plan Update 1 of 1 Thomas E. Coleman, P.E. Consulting Services
City of Yakima Water/Trrinatinn T7ivicinn
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 8
For Meeting of 9/19/2000
ITEM TITLE: 2001 Water Comprehensive Plan
SUBMITTED BY: Dueane Calvin, Water/Irrigation Manager
Dave Brown, Water/Irrigation Engineer
Glenn Rice, Assistant City Manager
CONTACT PERSON/TELEPHONE: Dueane Calvin / 576-6480
SUMMARY EXPLANATION: The Washington Department of Health (DOH) requires water
purveyors to complete a comprehensive plan for the water system every 6 years. Yakima must
submit a Water Comprehensive Plan in 2001. Staff respectfully requests City Council to approve
the attached resolution authorizing the City Manager to execute the accompanying contract with
Thomas E. Coleman Consulting Services, of Yakima, Washington for the 2001 Water
Comprehensive Plan. These services shall include the updating of the information in the 1995
Water Comprehensive Plan, preparation of a budget and scope of work for Phase II, preparation
of the 2001 Water Comprehensive Plan and the submittal of the plan to DOH. This project was
split into two (2) phases so costs would be spread over two (2) years and to provide ample time
for preparation of the document. Financial support for this contract will be from appropriations
approved by Council in the 477 Fund.
Not to Exceed Engineering Cost $50,000.00 for Phase 1
Engineering Costs for Phase II will be determined as part of
Phase 1 (Phase II costs not to exceed $150,000.00).
Resolution _X Ordinance Other (Specify) Contract _X
Mail to (name and address): Thomas E. Coleman; 105 S. 3"' St.; Yakima, WA 98901 Phone: 503-295-4911
Funding Source _477
APPROVED FOR SUBMITTAL: � - j4 Z City Manager
STAFF RECOMMENDATION: Approve resolution authorizing the City Manager to execute the
accompanying contract for the 2001 Water Comprehensive Plan with Thomas E. Coleman
Consulting Services of Yakima, Washington.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: