HomeMy WebLinkAboutR-1990-D5803 Gray & Osborne, Inc.•
RESOLUTION NOD r.4 58 03
A RESOLUTION authorizing execution of a contract for engineer-
ing services with Gray & Osborne, Inc., Con-
sulting Engineers.
WHEREAS, the City of Yakima has need for consulting
engineering services for the design of a "Supervisory Control
and Data Acquisition System" for the City's water treatment
plant; and
WHEREAS, the City does not possess adequate in-house
engineering staff to perform necessary design of the aforemen-
tioned system, and
WHEREAS, the City of Yakima has complied with the provi-
sions of RC W 39.80 which concerns a 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 contract with Gray & Osborne, Inc.,
Consulting Engineers for design services on the City's "Super-
visory Control and Data Acquisition System," now, therefore,
HE IT RESOLVED BY TBE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager, City Clerk, and Director of the Depart-
ment of Engineering and Utilities are hereby authorized and
directed to execute the attached and incorporated "Agreement"
together with its attachments, including Task Orders 1 and 2.
ADOPTED BY THE CITY COUNCIL this day of pue,u_ci--
1990.
ATTEST:
City Clerk
(res/gray)
Mayor
AGREEMENT
City of Yakima & Gray & Osborne, "lc.
WTP S C.A.DA. System
AGREEMENT
THIS AGREEMENT, made and entered into this 12th day of
September , 1990, by and between the City of Yakima, Washington,
hereinafter called "City" and Gray & Osborne, Inc., Consulting
Engineers, hereinafter called "Engineer", is for the provision by the
Engineer to the City of professional services in support of City's Water
Treatment Plant Supervisory Control and Data Acquisition (S.C.A.D.A.)
System.
In consideration of the covenants and agreements herein
contained and the teims and conditions hereof, the parties agree as
follows:
1. Services. Engineer shall provide the City professional consulting
engineering services through a series of task orders as provided in
paragraph 2 below. The professional services to which the parties may
agree by task orders may include, but are not limited to those listed in
Exhibit A, attached hereto and by this reference incorporated herein.
2. Task Orders. Prior to commencement of any services, the City
and Engineer shall mutually agree upon and execute a task order for
the specified services. The task order shall describe the services to
be provided, the time for performance of the services, the provisions
for fees for the services, and any provisions additional to this
agreement. Execution of this agreement and Task Order No. 1 by the
City and the Engineer authorizes the Engineer to proceed with the
services described in Task Order No. 1. Execution of each subsequent
task order shall incorporate each subsequent task order into this
agreement. The execution of this agreement does not obligate either
of the parties hereto to provide or accept any services unless and until
the parties have mutually agreed upon and executed a specific task
order for such services.
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AGREEMENT
City of Yakima & Gray & Osborne, .nc.
WTP S C.A.DA. System
3. Time period for Performance of Services. The Engineer shall
commence such services as are described on executed task orders in
accordance with the time schedules set forth therein and shall
proceed with the provision of such services in a diligent manner. The
Engineer shall not be responsible for delays caused by factors beyond
the Engineer's control or which could not reasonably have been
foreseen by the parties at the time the task order was executed. The
anticipated schedule for the project is shown as Exhibit B.
4. Payments to Engineer.
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A. Fees for Services. In each specified task order executed
by the parties, the parties shall specify payment to the Engineer
for services performed by either (1) agreeing to a fixed fee
amount, or (2) agreeing to pay the Engineer utilizing the hourly
rate and expense schedule, "Fee Schedule", attached hereto as
Exhibit C and by this reference incorporated herein. Said Fee
Schedule is subject to revision by the Engineer not sooner than
one year after the execution of this agreement, and no more
often than once each year thereafter. Under the fee schedule
method, the parties shall agree on an amount which represents
the maximum fee to which the Engineer shall be entitled under
that task order. That amount shall represent the best estimate
of the parties of the maximum cost of the Engineer's services
specified in that task order. In the event the cost of services
will exceed that estimate, the Engineer shall advise the City in
advance of such excess costs and shall provide no services in
excess of such estimated costs without the approval of the City.
B. Estimated Fees. The estimated fees for anticipated task
orders are shown on Exhibit A.
G Renegotiation of Fee. The Engineer reserves the right to
renegotiate the fee or estimate of fee specified in any task order
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AGREEMENT
City of Yakima & Gray & Osbome,
WTP S.C.A. D.A. System
if the scope of services as specified in the task order is modified
by the City or by others or by conditions beyond the control of
the parties hereto whereupon additional expenses shall be
incurred by the Engineer. The City and Engineer shall agree to
such a change in fee and services in writing prior to the
Engineer's provision of such modified or changed services.
D. Time of Payments. Engineer shall periodically submit
invoices for the unbilled portion of the services completed to
that date. City agrees to pay the invoiced amounts within 30
days from the date of receipt of the invoice.
E. Payments in the Event of Termination. In the event of
termination of this agreement, Engineer shall be compensated
for services performed under this agreement to the date of
teimination in accordance with the terms above.
F. Permits and Advertising. City shall pay all regulatory
permitting and advertising fees and all other project fees
normally paid by the City for a public works project.
5. Standard for Perfoimance. Engineer shall perform his services
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.
6. Termination. Either party may teiminate this agreement at any
time upon 30 days written notice to the other party.
7. Opinions of Cost. Engineer has no control over the cost of labor,
materials, equipment, or services provided by parties other than
Engineer and its subcontractors. Engineer has no control over
contractor's methods of determining prices, or other competitive
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.AGREEMENT
City of Yakima & Gray & Osbome, ,..c.
WTP S.C.A.DA. System
Engineer and its subcontractors. Engineer has no control over
contractor's methods of determining prices, or other competitive
bidding or market conditions, and its opinions of probable project or
construction costs are to be made on the basis of its experience with
the construction industry. However, Engineer cannot and does not
guarantee that proposals, bids, or actual project or construction costs
will not vary from the opinions of probable costs prepared by the
Engineer.
8. Construction and Safety. Engineer shall not be responsible for
the means, methods, techniques, sequences, or procedures of
construction selected by contractors or the safety precautions and
programs and programs incident to the work of contractors.
9. Ownership of Documents. The originals of all documents,
including drawings and specifications, prepared by Engineer shall
remain the property of the Engineer. The Engineer shall provide the
City with reproducible and/or non -reproducible copies, at the City's
option, of the documents, drawings, and specifications, and other
work products as specified in each task order. Such documents,
drawings, and specifications are not intended or represented by the
Engineer to be suitable for reuse by the City or others on extensions of
the services provided for the intended project or on any other project.
Any reuse without written verification or adaptation by the Engineer
will be at the City's sole risk and without liability or exposure to the
Engineer, and the City shall indemnify and hold harmless the
Engineer from all losses, claims, damages, and expenses, including
attorney's fees arising out of or resulting therefrom. Any such
verification or adaptation by Engineer will entitle the Engineer to
further compensation at rates agreed upon by the parties.
Engineer shall provide a reproducible copy of the final record
drawings showing the construction project measurements when
authorized to do so by task order.
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AGREEMENT
City of Yakima & Gray & Osborne, ,,ic.
WTP S C.A.DA. System
10. Design Intent. Engineer shall prepare design documents,
drawings, and specifications with the understanding that he will be
observing the quality and progress of construction for compliance with
the intent of the design, and furthermore that such observation of
construction will be compensated by the City at the rates agreed upon
by the parties hereto.
11. Indemnity. The Engineer shall defend, indemnify, and hold
harmless City from any and all claims or liabilities, including attorneys
fees, arising out of Engineer's negligent perfoiniance of this Contract.
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Engineer shall comply with all federal government, state, and
local laws and ordinances applicable to the work to be done
under this Contract.
Prior to beginning work under this Contract, Engineer shall
provide Certificates of Insurance as evidence that policies
providing the following coverage and limits of insurance are in
full force and effect.
A GENERAL COMPREHENSIVE LIABILITY
With respect to liability for injuries to or death of persons
and with respect to liability for destruction of or damage to
property, the insurance coverage shall be $500,000
combined single limit and such coverage shall include the
special provisions listed below:
City shall defend, indemnify and hold Engineer harmless
from all claims or liabilities, including attorney's fees,
arising out of City's negligent acts.
1. The City, its officers, employees, and agents shall be
named as an additional insured and the coverage shall be
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AGREEMENT
City of Yakima & Gray & Osbome, inc.
WTP S C.A.DA. System
applicable to and protect the City, its officers, employees,
and agents from liability arising from or relating to
Engineer's activities relating to this Contract. Such
insurance shall be primary and other insurance maintained
or carried by the City shall be separate and distinct and
shall not be contributing with the insurance listed
hereunder.
2. Such insurance shall not include explosion, collapse,
or underground exclusions commonly referred to as the
"XCU" hazards.
B. AUTOMOBILE COMPREHENSIVE LIABILITY
With respect to liability for injury to or death of persons
and with respect to liability for destruction of or damage to
property, the City, its officers, employees, and agents shall
be named insured and the insurance coverage shall be
$500,000 combined single limit. Such insurance shall be
primary and other insurance maintained or carried by the
City shall be separate and distinct and shall not be
contributing with the insurance listed hereunder.
Failure of either or all of the named insured to report a claim under
such insurance shall not prejudice the rights of the City, its officers,
employees, and agents thereunder. The City, its officers, employees,
and agents will have no obligation for the payment of premiums
because of its being named as an insured under such insurance.
Prior to the beginning work for property acquisition, development of
contract plans and specifications, and construction management, the
Engineer or its subcontractors shall provide evidence of errors and
omissions coverage for a minimum of $250,000.
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AGREEMENT
City of Yakima & Gray & Osborne, ..,c.
WTP S.C.A.DA. System
12. Additional Services. At the City's option and direction, Engineer
shall provide additional engineering, observation, and/or planning
services as authorized by mutually agreed task orders.
13. Entire Agreement. This Agreement constitutes the entire
agreement between the City and Engineer and supersedes all prior or
contemporaneous oral or written representations or agreements. This
agreement shall not be modified, except with an agreement signed by
both parties.
14. Attorney's Fees. In the event suit or legal action is instituted to
enforce any of the terms or conditions of this agreement, venue shall
be in the Superior Court for Yakima County. The losing party shall pay
to the prevailing party, in addition to the costs and disbursements
allowed by statute, such sum as court may judge reasonable as
attorney's fees in such suit or action, in both trial and appellate courts.
15. Assignment. Neither party to this agreement shall assign the
agreement, nor any interest arising herein, without the written
consent of the other. The Engineer, with the City's consent, shall be
authorized to employ or subcontract with any other party or entity it
deems necessary for the performance of any of the services to be
provided by the Engineer pursuant to the tei ms of this agreement.
16. Separate Agreement. In the even any of the terms or clauses of
this agreement is held to be illegal or unenforceable by any court or
arbitrator, the remaining clauses and terms shall continue in full force
and effect and shall be enforceable.
17. GoverningLaw. This agreement is governed by the laws of the
State of Washington.
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AGREEMENT
City of Yakima & Gray & Osborne,
WTP S.C.A.DA. System
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first written above.
CITY OF YAKIMA, WASHINGTON
GRAY & OSBORNE, INC.
Consulting Engineers
BY: Richard A. Zais, Jr. : John C. Poston,
City Manager Principal Engineer
ATT:u ST:
City Clerk
City Contract No. 90-62
Resolution No. D-5803
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AGREEMENT
City of Yakima & Gray & Osborne, Inc.
WTP S C.A.D.A. System
EXHIBIT A
ANTICIPATED SCOPE OF SERVICES & FEES
Task Est. Fee
Estimated:
S.CAD.A. System
Conceptual Design Development
Balance of Work
$15,200.00
$50,000
Note: The fees listed above as "Estimated" are the best estimates of
the parties at the time of the agreement execution. The fees to be
paid Engineer are dependent upon actual time required to accomplish
each task. For this reason, the estimates listed above are subject to
change and should only be used for general planning purposes.
However, the total cost will not be exceeded without prior written
approval by the City.
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AGREEMB'ff
City of Yakima & Gray & Osbome, inc.
WTP S.C.A.DA. System
TASK ORDER NO. 1
Sub Tasks
Yakima WTP S.C.A.D.A. System Proposal
Preliminary Cost Estimate - 8/6/90
Estimated Hours
Engr. Tech/
Engineering Drafting
Meet to discuss and check out all input and outputs
a. Review all input and control devices 8 8
b. Determine which existing input and devices
can be used . 16
c. Deteiuiine what new devices will be required 8
d. Make cost/performance evaluations in
cases where there may be a choice between
using existing devices or replacing with a
new device. 16
Determine cost and feasibility of installing wiring
from the new control panel to the input and control
devices. 16
Review the findings of the above tasks with the City
to make tentative decisions on the number and type
of the input and control devices as required to
achieve the :oals of the S.CADA. system
Prepare a summary o all o the I/O points based on
the above evaluations and discussions 8 8
# of discrete I/O points
# of analogy I/O points
5. Develop preliminary conceptual design of the
S.CA.DA system hardware and software for WTP,
includin: P & ID dia:ram 24 16
Work with necessary City st. i to develop a
summary of the data acquisition system
requirements
a. Process variables for which data is to be 8
logged.
b. Data acquisition time interval for each 4
process variable
c. Amount of data to be stored for review before
archiving (i.e period of time, 1 month, 6 4
months, 1 year?)
d. Graphics requirements for historical 8
trending displays
e. Evaluate hardware and software
requirements for data storage and archiving
(i.e. size of mass storage and type of archive 8
media)
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4
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AGREEMENT
City of Yakima & Gray & Osborne, =..c.
WTP S-C.A.DA. System
7. Evaluate telemetry system requirements
a. # and location of telemetry points
b. For each location determine whether
-monitoring only, or
-monitoring and control
c. Evaluate telemetry and control hardware
requirements at each telemetry point
d. Evaluate telemetry communication
methods and hardware (radio vs. leased
telephone lines
8. Develop mal conceptual design for the telemetry
_ system
9. Develop final conceptual design for the WTP
S.C.A.DA. system including incorporation of the
telemetry system into the TWP Control S stem
10. Develop budgetary cost estimate or the S.C.A.D.A.
system based on the conceptual desi; n
4
8
16
16
12
Total Estimated Hours:
Total Costs:
Task No. 1 Total Estimated Cost:
208
56
$13,520 $1,680
$15,200
Anticipated Time of Completion: 8 weeks from authorization to proceed
TASK ORDER NO. 1 AUTHORIZATION TO PROCEED
1
CITYn C F YAKIMA
El(i
By: Dennis E. Co ell, P.E.
e'?9
Date
%/86/9
y: John C. Poston, P.E.. ate
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AGREEMENT
City of Yakima & Gray dt Osborne, Inc.
WPTP S.C.A.D.A. System
Task Order No, 2
Task Order No. 2. BALANCE OF WORK
After completion of Task Order No. 1 and upon authorization by the City the
Engineer shall proceed with the preparation of detailed contract drawings and
specifications for the City of Yakima Water Treatment Plant S.C.A.D.A. system.
The technical content of the drawings and the specifications will be provided by
the Engineer with input from the City staff. The General Requirements of the
Specifications will be based on the 1988 APWA Amendments to Division One of
the WSDOT/APWA Standard Specifications. Any special requirements to be
included in the General Requirements shall be provided by the City.
The Bidding and Bid Analysis Phase shall take place when the contract documents
have been reviewed and approved by the appropriate City of Yakima personnel.
At this time the City would advertise for bids and issue drawings and contract
documents to plan centers, prospective bidders, and interested parties. During
bidding stage, Engineer would be available to answer questions, clarify the
documents if necessary, prepare addenda if required, and advise the City should
any questions regarding the scope or content of the project arise. When bids have
been received, Engineer will prepare a bid tabulation sheet listing the bidders and
the bid information provided. At the conclusion of the bid tabulation process
Engineer will make a recommendation for award of contract.
The Construction Observation Phase shall begin after the City has awarded and
executed a contract and issued a notice to proceed to the contractor, Construction
observation would consist of review of shop drawings and submittal information,
progress review meetings with the contractor and City personnel, periodic visits to
the job site that would coincide with milestones in the project schedule of the
construction contractor. A final observation visit performed in conjunction with
the City and the contractor would identify any items of work to be completed at
the conclusion of the project. The work to be completed would be identified and a
substantial completion check list issued. When work is complete and all documents
have been received by the City from the contractor, the project will be terminated.
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AGREEMENT
City of Yakima & Gray & Osborne, Inc.
WPTP S.C.A.D.A. System
Task Order No. 2
Engineer's Fee for Task Order No. 2: Engineer's fee shall be calculated according
to the fee schedule method with an estimated fee calculated as follows:
Labor:
Project Manager
Senior Design Engineer
Engineer - EIT
CAD Drafting
Engineering Tech
Design Draftsman
Estimated Labor
Expenses:
180 hrs @ $62.50
160 hrs @ $56.50
120 hrs @ $42.50
180 hrs @ $25.00
70 hrs @ $30.00
180 hrs @ $44.50
$11,250.00
9,040.00
5,100.00
4,500.00
2,100.00
8,010,0Q
$40,000.00
Estimated Expenses $10,000.00
(including sub -consultant)
Estimated Task No. 2 Fee $50,000.00
Anticipated Time of Completion: 180 days from authorization to proceed after
completion of Task No. 1.
TASK ORDER NO. 2 AUTHORIZATION TO PROCEED
CITY OF YAKIMA
By: Date
By: John C. Poston, P.E. Date
Page 11
EXHIBIT B
YAKIMA WTP S.C.A.D.A. SYSTEM
PHASE I SCHEDULE
TASK
SCHEDULED DAYS
1. MEET TO DISCUSS AND CHECK OUT
ALL INPUT AND OUTPUTS
2. DETERMINE COST AND FEASIBILITY OF INSTALLING
WRING FROM THE NEW CONTROL PANEL
TO THE INPUT AND CONTROL DEVICES
3. REVIEW THE FINDINGS OF THE ABOVE TASKS
WITH THE CITY
4. PREPARE A SUMMARY OF ALL OF THE I/O POINTS
BASED ON THE ABOVE EVALUATIONS
5. DEVELOP PRELIMINARY CONCEPTUAL DESIGN
OF THE S.C.A.D.A. SYSTEM
6. WORK WITH NECESSARY CITY STAFF TO DEVELOP
A SUMMARY OF THE DATA ACQUISITION
SYSTEM REQUIREMENTS
7. EVALUATE TELEMETRY SYSTEM REQUIREMENTS
8. DEVELOP FINAL CONCEPTUAL DESIGN FOR THE
TELEMETRY SYSTEM
9. DEVELOP FINAL CONCEPTUAL DESIGN FOR
THE WTP S.C.A.D.A. SYSTEM
10. DEVELOP BUDGETARY COST ESTIMATE FOR
THE S.C.A.D.A. SYSTEM BASED ON
THE CONCEPTUAL DESIGN
AUGUST
SEPTEMBER
OCTOBER
20
21
22
23
24
27
28
29
30
31
3
4
5
6
7
10
11
12
13
14
17 18 19
20 21
24
25
26
27
28
1
2
3
4
5
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AGREEMENT
City of Yakima at Gray at Osborne, Inc.
WPTP S.C.A.D.A. System
EXI-IIBIT C
FEE SCHEDULE
Fees for services shall be based on the rates set forth below. Rates shown include
Engineer's direct costs, overhead costs, and profit. Labor rates shown are charged
on a per hour basis.
Labor
Project Manager
Senior Design Engineer
Engineer - EIT *
CAD Drafting *
Engineering Tech *
Design Draftsman *
$62.50
$56.50
$42.50
$25.00
$30.00
$44.50
Expenses
Mileage $0.30/mi.
Reimbursable Expenses ** 110% Cost
* Estimated average hourly rate for this employee category. Actual rate charged
will be the employee's direct labor cost times 2.5645 which includes direct cost,
overhead cost and profit. Any employee category not listed will also be charged at
direct labor cost times 2.5645.
** Reimbursable expenses include reproduction costs, postage and freight,
computer-aided drafting equipment costs, expense of additional insurance,
including professional liability insurance, required by Client in excess of that
normally carried by Engineer and Engineer's sub -contractors, and other costs
necessary to complete the project but not listed herein.
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