Loading...
HomeMy WebLinkAboutR-1994-056 Renovation of City Hall water distribution system• • RESOLUTION NO. R-94- 5 6 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a Professional Services Agreement Between the City of Yakima and Meier Associates, Inc , P S , for engineering design services for the renovation of the City Hall water distribution system. WHEREAS, the water distribution system of the Yakima City Hall is in a state of disrepair; and WHEREAS, the City of Yakima does not have staffing levels or specialized expertise necessary to provide design documents and engineering services for necessary improvements to said water distribution system, and WHEREAS, the City desires to contract with an engineering firm for professional services to provide design documents and engineering services for necessary improvements to said water distribution system, and WHEREAS, City staff have evaluated proposals in compliance with RCW Chapter 39 80 from professional engineering firms for engineering design services for said water distribution system, and WHEREAS, Meier Associates, Inc., P.S has the expertise and qualifications necessary to develop and provide the engineering design services for renovation of the City Hall water distribution system, and it is in the best interest of the City to contract with Meier Associates, Inc , P S to utilize their expertise and qualifications according to the terms and conditions of the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated Professional Services Agreement with Meier Associates, Inc , P S for the purpose of obtaining engineering design services for the renovation of the City Hall water distribution system. ADOPTED BY THE CITY COUNCIL this Lcth.1day of May , 1994 . 4_ 4CST ATTEST Mayor City Clerk lislresimeier assoc pm PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF YAKIMA AND MEIER ASSOCIATES, INC., P.S. THIS AGREEMENT is made and entered into this 19tday of May 1994, by and between the City of Yakima, hereinafter referred to as the "City," and Meier Associates, Inc.. P.S., hereinafter referred to as "Engineer." WHEREAS, the water distribution system of the Yakima City Hall is in a state of disrepair; and WHEREAS, the City desires to contract with an engineering firm for professional services to provide design documents and engineering services for necessary improvements to said water distribution system; and WHEREAS, City staff have evaluated proposals in compliance with RCW Chapter 39.80 from professional engineering firms for engineering design services for said water distribution system; and WHEREAS, Engineer has the expertise and qualifications necessary to develop and provide engineer design services for said water distribution system, and agrees to perform such work and services for the City under the terms and conditions set forth in 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 the Engineer as follows: 1. Scope of Professional Services. A. Conception Design. Engineer will meet with City to determine site conditions at the existing water distribution system. Engineer will then provide ca survey report of the r �1 _ existing conditions and system limitations Wvi`LL recommendations and estimated construction costs to correct the deficiencies. Engineer will then meet with City to review the survey report and determine a course of action to proceed with the water distribution renovation design. Engineer will review the selected alternatives and resubmit the engineering cost estimate for the renovation work. B. Final Design. Engineer will provide construction drawings including new CAD backgrounds of the City Hall facility to implement the selected course of action for the water distribution system renovation. Engineer will also provide construction specifications and all documents necessary for the bidding of the project. C. Construction Engineering. Engineer will assist the City with the bidding process. Engineer will provide on-site construction engineering Page 1 of 6 (is,agr'me:er asscc.pa services on an as needed basis to perform inspections or to resolve construction changes or problems during the project period. Engineer will also provide as built (records) drawings of the project at completion. 2. Changes. The City, without invalidating this Agreement, may order changes within the general scope of the services required by this Agreement by altering, adding to and/or deducting from the services to be performed. If any changes under this clause cause an increase or decrease in the Engineer's cost of, or the time required for, the performance of any part of the work under this Agreement, an equitable adjustment shall be made by mutual agreement and the Agreement modified in writing accordingly; provided, however, that additional engineering services resulting from errors in or clarifications necessary to the original engineering design prepared by Engineer shall be done by Engineer at no cost to the City. All such changes in the services shall be in writing prior to performance, shall be performed subject to the provisions of this Agreement, and shall be incorporated herein as exhibits. 3. Ownership of Documents. Reports and all relevant data such as maps, diagrams, plans, designs, statistics, specifications, and other supporting records and drawings compiled. or prepared in the course of performance of this Agreement by Engineer shall. by the property of the City. 4. Consideration. Except as stated in Section 2, Changes, and in consideration of the Engineer's performance of all terms and conditions of the Agreement, the City agrees to pay Engineer a total sum not to exceed Thirteen Thousand Two Hundred Fifty Dollars ($13,250.00) plus all applicable taxes, except as set forth in Section 9. Payment shall be broken down as follows: A. The engineering fee for the conception design work./services as outlined above is Two Thousand Two Hundred Fifty Dollars ($2,250.00). B. The engineering fee for the final design work/services as outlined above is estimated at approximately Eight Thousand Dollars ($8,000.00L 'This cost could be lower depending on the results of the conception design work/services and[ the availability of CAD background drawings. C. The engineering fee for the construction engineering work/services is estimated at approximately Three Thousand Dollars ($3,000.00). Payment shall be made in three (3) installments. A payment of Two Thousand Two Hundred Fifty Dollars ($2,250.00) shall be made to Engineer at the time Page 2 of 6 C__ agr;me;er asset pm C the conceptional design work/services as outlined above is completed. A second payment of approximately Eight Thousand Dollars ($8,000.00) shall be made to Engineer at the time the final design engineering work/services is completed. A third payment of approximately Three Thousand Dollars ($3,000.00) shall be made to Engineer at the time the construction engineering work/services is completed as outlined above. All payments are expressly conditioned upon Engineer providing satisfactory work/services to the City and corresponding documentation evidencing, describing said completed work and services to the City Community and Economic Development Director. 5. Period of Performance. Engineer shall commence work immediately upon the execution of this Agreement or as scheduled by mutual agreement by the City and Engineer. Engineer shall complete all services and work required by this Agreement and shall make whatever time investments are necessary for the completion of said services on or by 6. Independent Contractor. Engineer and the City understand and expressly agree that Engineer is an independent contractor, and none of Engineer's employees shall be considered an employee of the City. Engineer and Engineer's employees shall make no claim of City employment or claim any related employment benefits from the City, including but not limited to, medical benefits, social security, and retirement. Engineer has no authority to nor shall Engineer represent that it has authorization to bind the City in any manner. 7. 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. 8. 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 any 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 such a tax or assessment as a result of this Agreement, Engineer shall pay the same before it becomes due. Page 3 of 6 (Is acr'meier assoc.pm C 9. Discrimination. Engineer shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental, or physical :handicap. Such action shall include but not be limited to: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and programs for training including apprenticeships. 10. Standards of Performance. In performing the services, Engineer shall exercise due care and diligence in accordance with the standards customarily provided by an experienced arid competent professional rendering the same or similar services, and shall comply with all applicable laws, regulations, and other requirements of any governmental authority having jurisdiction. 11. No Insurance. It is understood the City does not maintain liability insurance for Engineer and its employees. 12. Hold Harmless. Engineer shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from and against all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from Engineer's performance of this Agreement. 13. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not ibe assigned or transferred in whole or in part by Engineer to any other person 6r - 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 as stated herein. 14. Termination. The City may terminate this Agreement with or without cause, by giving Engineer ten (10) days written notice of termination. If the Agreement is so terminated, the City shall pay Engineer such portion of the coritrae°t compensation allocable to the services performed prior to the termination date.° C Page 4 of 6 (1s;agr:me:er assoc pm 15. Interpretation. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement between the parties. 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. 16. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of this Agreement shall remain in full force and effect. 17. Non -Waiver. Any failure by either party to enforce performance by the other party of any provision of this Agreement or exercise any rights or remedies hereunder, shall not constitute a waiver of such provision, right or remedy. 18. Notices. Unless stated otherwise, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY: TO CONSULTANT: Community & Economic Development Director City Hall 129 North 2nd Street Yakima, WA 98901 Meier Associates, Inc., P.S. 1350 Grandridge Blvd. Suite 101A Kennewick, WA 99336 or to such addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified rns.i postage prepaid. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 19. Governing Law. This Agreement and the exhibits hereto shall be governed and construed in accordance with the laws of the State of Washington. 20. Attorney's Fees. In the event that any suit or action is instituted by either party to enforce the compliance with or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as reasonable c Page 5 of 6 1I.s,ayr;meie: asscc.pm attorney's fees. 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: Dick Zaisity Manager ATTEST: City Clerk CITY CONTact Rd. State of Washington 'r ) :ss. County of Y1 BENTON) MEIER ASSOCIATES, INC., P.S. By: £ I certify that I know or have satisfactory evidence that Steve J. Strecker i the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Vice Pres. of Meier Associates, Inc., P.S., to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. in DATED: 5/19/94 NOTARY PUBLIC in and for the State of Washington; residifg at Pasco Iy commission expires: 4/4/96 Page 6 of 6 lls a=- re_er assoc P c