HomeMy WebLinkAboutR-2001-175 Michael McGuire Professional Engineering Services AgreementRESOLUTION NO. R 2001-175
A RESOLUTION authorizing and directing the City Manager to execute an
agreement for professional services between the City of Yakima
and Michael C. McGuire for professional engineering services
related to the Yakima Convention Center Expansion Project.
WHEREAS, the City of Yakima desires to engage Michael C. McGuire, to
perform professional engineering services on an independent contractor basis as
Project Manager for the Yakima Convention Center Expansion Project; and
WHEREAS, Michael C. McGuire has the experience and expertise necessary
to provide said independent contractor services and is willing to provide such
services in accordance with the terms and conditions of the attached Agreement;
and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to enter into the attached agreement with Michael C. McGuire for
professional engineering services related to the Yakima Convention Center
Expansion Project, 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 professional services agreement with Michael C. McGuire for
professional engineering services related to the Yakima Convention Center
Expansion Project.
ADOPTED BY THE CITY COUNCIL this 18th day of December, 2001.
ATTEST: teary Place, Mayor
City Clerk
(Ik)res/engmeenng cony ctr mcgwre nov 01.pm
PROFESSIONAL ENGINEERING
SERVICES AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Yakima, a
Washington municipal corporation (hereafter the "City"), and Michael C. McGuire, an
individual (hereafter "Engineer")
WHEREAS, the City of Yakima desires to engage Michael C. McGuire, to perform
professional engineering services on an independent contractor basis as Project Manager for the
Yakima Convention Center Expansion Project (hereinafter the "Project").
WHEREAS, Michael C. McGuire has the experience and expertise necessary to provide
said independent contractor services and is willing to provide such services 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.
a. The Engineer shall perform, to the best of his ability, services for the City relating to the
customary duties for the position of Project Manager for the Project. The Engineer understands
that such duties are diverse and are not fully set forth in this Agreement, but include such work
as:
i. Manage the progress and construction schedule for the Project in order to
avoid unnecessary delays in and satisfactory completion of the Project.
ii. Coordinate construction activities for the Project between the City and
Project contractor.
iii. Prepare Project progress reports to the City Manager and City Engineer
as required or requested by the City Manager or City Engineer.
b. The City shall:
i. Provide the Engineer with all requested information necessary for the
Project Manager to carry out his services under this Agreement.
2. Term. The term of this Agreement shall commence upon execution hereof and shall
terminate upon completion of the project; unless terminated sooner by either party in
accordance with Section 13; provided.
3. Consideration. The City shall pay the Engineer for services rendered hereunder at the
rate of $40 dollars ($40) per hour. The Engineer shall submit to the City monthly invoices
itemizing all hours worked by date. Upon receipt of said monthly invoice, the City shall make
payment to the Engineer within thirty (30) calendar days. The Engineer shall maintain
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adequate time records/logs to substantiate all amounts itemized on the monthly invoices.
Unless the term of this Agreement is extended pursuant to Section 2, the total amount of
compensation paid to the Engineer by the City under this Agreement shall not exceed fifty
thousand dollars ($50,000) based upon one thousand two hundred fifty (1,250) hours at the rate
of forty dollars ($40) per hour.
4. Inspection and Audit. Engineer shall maintain books, accounts, records, documents
and other evidence pertaining to the costs and expenses allowable and consideration paid
under this Agreement in accordance with generally accepted accounting practices. All such
books of account and records required to be maintained by this Agreement shall be subject to
inspection and audit by representatives of the City and/or of the Washington State Auditor at
all reasonable times, and Engineer shall afford the proper facilities for such inspection and
audit. Such books of account and records may be copied by representatives of the City and/or
of the Washington State Auditor where necessary to conduct or document an audit. Provider
shall preserve and make available all such books of account and records for a period of three (3)
years after final payment under this Agreement.
5. 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. Engineer, as an independent contractor, assumes the entire responsibility for
carrying out and accomplishing the services required under this Agreement. Engineer and his
employees, agents and/or subcontractors shall make no claim of City employment nor shall
claim against the City any related employment benefits, social security, and/or retirement.
Nothing contained herein shall be interpreted as creating a relationship of servant, employee,
partnership or agency between Engineer and the City.
6. Taxes and Assessments. Engineer shall be solely responsible for compensating his
employees, agents, and/or subcontractors 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.
7. 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, recrui stent, advertising, layoff or termination, rates of pay or other forms
of compensation, selection for training, and the provisions of services under this Agreement.
8. The Americans with Disabilities Act. The Engineer shall comply with the Americans
with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations,
and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its
implementing regulations, with regard to the activities and services provided pursuant to this
Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in
the area of employment, public accommodations, public transportation, state and local
government services, and telecommunications.
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9. Compliance With Law. Engineer agrees to perform those 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.
10. No Insurance. It is understood the City does not maintain liability insurance for
Engineer and/or its employees.
11. Indemnification.
a. Engineer agrees to hold harmless, indemnify, and defend the City, its elected
officials, officers, employees, and agents from and against any and all suits, actions, claims,
liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which
result from or arise out of the sole negligence of Engineer in connection with or incidental to the
performance or non-performance of this Agreement.
b. The City agrees to hold harmless, indemnify, and defend Engineer from and
against any and all suits, actions, claims, liability, damages, judgments, costs and expenses
(including reasonable attorney's fees) which result from or arise out of the sole neglige.nce of
the City, its elected officials, officers, employees, and agents in connection with or incidental to
the performance or non-performance of this Agreement.
c. In the event that both Engineer and the City are negligent, each party shall be
liable for its contributory share of negligence for any resulting suits, actions, claims, liability,
damages, judgments, costs and expenses (including reasonable attorney's fees).
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.
11. 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.
12. 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.
13. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto
of any covenant or condition of this Agreement shall not impair the right of the party not in
default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either
party to insist upon strict performance of any agreement, covenant or condition of this
Agreement, or to exercise any right herein given in any one or more instances, shall not be
construed as a waiver or relinquishment of any such agreement, covenant, condition or right.
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14. Termination. This Agreement may be terminated by either party at any time after first
having given ten (10) calendar days written notice to the other party in the event of the other
party's substantial failure to perform in accordance with the terms and conditions of this
Agreement. Additionally, either party may terminate this Agreement without cause by
providing the other party with thirty calendar (30) days written notice of termination.
15. Confidentiality. The Engineer agrees to maintain total confidentiality as regards to
information discerned from access to City records. Such information shall be held in strict
confidence in accordance with the standards of Conduct of the Engineering Profession.
16. 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.
17. 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.
18. 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:
City Manager
City Hall
129 North 2nd Street
Yakima, WA 98901
Michael C. McGuire
2751 Cowiche Mill Road
Cowiche, WA 98923
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.
19. Survival. Any provision of this Agreement which imposes an obligation after
termination or expiration of this Agreement shall survive the term or expiration of this
agreement and shall be binding on the parties to this Agreement.
20. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
21. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
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CITY OF YAKIMA
By:
R. A. Zais, Jr., City -Manager
DATE: /LOO/
ATTEST:
6t1wy..,d,P�-�
City Clerk
City Contract No. 2001-139
MICHAEL C. MCGUIRE
City Resolution No. R-2001-175
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By:
Michael C. McGuire
DATE: / Z - /3- 0/
RESUME
Michael C. McGuire
2751 Cowiche Mill Road
Cowiche, Washington 98923
509-678-5555
Education
B.S. Civil Engineering, University of Washington
Experience
Construction Management Consultant -June 1998 to present. Major
projects include: the new Riverside Christian School on Keys Road, $5.0
million; a fruit processing plant in Sunnyside, $1.1 million; a specialty
metal milling and processing plant in Union Gap, $.6 million; other
industrial projects in Yakima County. These projects were for Systems
West, a local General Contractor.
Tri -Ply Construction, Inc., Yakima, Washington- October 1984 through
May 1998.
Vice -President and chief estimator. Construction projects management
including estimating, scheduling, subcontract administration, coordination
with Owners and Architects, budgeting, change orders, for all types of
commercial and industrial projects in both the private sector and public
works. Major projects include: remodel and expansion of Central
Washington Comprehensive Mental Health in Yakima, $5.0 million; a
new Plastic Bottle Extrusion plant for Graham Packaging in Selah, $1.5
Million; Washington State Archives facility at Central Washington
University, $4.0 million; a Public Transit Transfer Station for the City of
Yakima, $.7 million; major remodel at the William O. Douglas Federal
Building, Yakima, $1.7 million; a large process facility for All -Wood
Components in Union Gap, $1.5 million; a major bus maintenance facility
for the Kennewick School District, $1.7 million; several projects for the
Yakima School District; a variety of many additional projects for private
and public customers both small and large.
Prior to 1984, and starting in 1961, held several positions in construction
management with general contractors performing similar types of tasks as
described above. Details would be available upon request.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of December 18, 2001
ITEM TITLE: Award Consultant Contract for Yakima Convention Center Expansion to
Michael McGuire to be a Project Manager.
SUBMITTED BY: Department. of Community and Economic Development -
Engineering Division
CONTACT PERSON/TELEPHONE:1lam R. Cook, CED Department Director, 575-6227.
6
SUMMARY EXPLANATION:
Attached is a Consultant Contract Agreement for the Yakima Convention Center
Expansion Project to Michael McGuire to assist with development by acting as the Project
Manager. This work will include day to day inspection duties as well as management of
the contractor activities. The cost for this work is $50,000, which includes all costs
associated with the work. The time to complete this project will be approximately two
years.
Resolution X Ordinance Contract X Other (Specify)
Funding Source Public Facilities District
APPROVED FOR SUBMITTAL: y�''�� �.z, A
ity Manager
STAFF RECOMMENDATION:
Approve Agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCTT. ACTION: Resolution adopted. RESOLUTION NO. R-2001-175