HomeMy WebLinkAboutR-1996-100 Agreement / Gray & Osborne, Inc./ Naches River Treatment PlantRESOLUTION NO. R- 9
109
A RESOLUTION authorizing execution of a contract for engineering services with
Gray and Osborne, Inc.
WHEREAS, the City of Yakima has need for consulting engineering services to
develop the study necessary to determine the most cost effective means of
replacing/refurbishing the Naches River Water Treatment Plant Pipe Gallery; and
WHEREAS, the City does not possess adequate in-house engineering staff, nor
the time required to perform the necessary work involved in the development of the
required study, 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
contract with Gray and Osborne, Inc , for the engineering services necessary to
produce the Pipe Gallery Piping Replace/Refurbish study 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 "Agreement" together with its
attachments, including Task Order 1
ADOPTED BY THE CITY COUNCIL this 6 day 9f 1996
ATTEST
Karen Roberts, City Clerk
fLC
Lynn Buchanan, Mayor
AGREEMENT
This Agreement, made and entered into this it day of -; �� " , 199 , by and
between the City of Yakima, Washington, hereinafter called the "CITY", and Gray &
Osborne, Inc., Consulting Engineers, hereinafter called the "ENGINEER", is for the
provision by the Engineer to the City to provide professional services for performing a
study with respect to the replacement/refurbishment of the steel pipe within the pipe
gallery of the Naches River Water Treatment Plant.
In consideration of the covenants and agreements contained herein, and the terms and
conditions hereof, the parties agree as follows:
the Engineer shall provide services associated with performing a study
with respect to the replacement/refurbishment of the steel pipe within the
pipe gallery of the City of Yakima Naches River Water Treatment Plant.
1. SERVICES The Engineer shall provide the City professional consulting
engineering services through a series of task order as provided in Section 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
the 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 service, 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.
3. TIME PERIOD FOR PERFORMANCE OF SERVICES The
Engineer shall commence such services as are described in executed task orders in
accordance with the time schedule set forth herein, 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 completion of the project is shown as
Exhibit B.
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4. PAYMENT TO THE ENGINEER
A. Fees for Services. For each specified task order executed by the parties, the
payment to be made to the Engineer for services performed shall be either (1) a
fixed fee amount, or (2) 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 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, and in writing of such excess costs and shall provide no services
in excess of the original estimated costs, without written approval of the City.
B. Estimated Fees. The estimated fees for anticipated task orders are shown in
Exhibit A.
C. Renegotiation of Fees. The Engineer reserves the right to renegotiate the fee or
estimate of fee specified in any task order 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 the 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. The Engineer shall periodically submit invoices for the
unbilled portion of the services completed to that date. The City agrees to pay the
invoiced amounts within 30 days from the date of receipt of the invoice.
E. Payment in the Event of Termination. In the event of termination of this
Agreement, the Engineer shall be compensated for services performed under this
Agreement to the date of termination in accordance with the terms above.
F. Permits and Advertising. The City shall pay all regulatory permitting and
advertising fees and all other project fees normally paid by the City for public
works projects.
5. STANDARD OF PERFORMANCE The 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.
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6. TERMINATION Either party may terminate this Agreement at any time upon
30 days written notice to the other party.
7. OPINIONS OF COST The Engineer has no control over the cost of labor,
materials, equipment, or services provided by parties other than the Engineer and its
subcontractors. The Engineer has no control over Contractor's method of determining
prices, or other competitive bidding conditions 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, the 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.
S. CONSTRUCTION AND SAFETY The Engineer shall not be responsible for
the means, methods, techniques, sequences, or procedures of construction selected by
Contractors or the safety precautions and programs incident to the work of Contractors.
9. OWNERSHIP OF DOCUMENTS The originals of all documents, including
drawings and specifications, prepared by the Engineer shall remain the property of the
Engineer. The Engineer shall provide the City with reproducible and/or non -reproducible
copies of the documents, drawings, and specifications, and other work products as
specified in each task order. It may further be required that the Engineer provides
additional copies on computer media of all 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 the 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 loses, claims,
damages, and expenses, including attorney's fees arising out of or resulting therefrom.
Any such verifications or adaptations by the Engineer will entitle the Engineer to further
compensation at rates agreed to by the parties.
The Engineer shall provide a reproducible copy of the final record drawings showing the
construction project measurements when authorized to do so by task order.
10. DESIGN INTENT The Engineer shall prepare design documents, drawings, and
specifications with the understanding that he may be observing the quality and progress
of resulting construction, for compliance with the intent design, and furthermore that such
observation of any 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 the City
from any and all claims or liabilities, including reasonable attorneys fees, arising out of
the Engineer's acts, errors, or omissions in the performance of this Agreement.
J•\PROPOSAL\9996058\AGREE-1.DOC 3
The Engineer shall comply with all federal government, state and local laws, and
ordinances applicable to the work to be performed under this Agreement.
Prior to beginning work under this Agreement, the 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 damages to property, the insurance
coverage shall be $500,000 combined single limit and such coverage shall
include the special provisions listed below:
1. The City, its officers, employees, and agents shall be named as an
additional insured and the coverage shall be applicable to and protect the
City, it officers, employees, and agents from liability arising from or
relating to the Engineer's activities relating to this Agreement. 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 insured under such insurance.
Prior to 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.
The City shall defend, indemnify and hold Engineer harmless from all claims or
liabilities, including attorney's fees, arising out of the City's negligent acts.
JIPROPOSAL199960.581AGREE-1.DOC 4
12. 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 Superior Court for
Yakima County. The losing party shall pay to the prevailing party, in addition to the cost
and disbursements allowed by statute, such sum as the court may judge reasonable as
attorney's fees in such suit or action, in both trial and appellate courts.
13. ADDITIONAL SERVICES At the City's option and direction, the Engineer
shall provide additional engineering, observation, and/or planning services as authorized
by mutually agreed task orders.
14. INDEPENDENT CONTRACTOR The parties intend that the Engineer at all
times be an independent Contractor and not an employee of the City, and shall not be
entitled to compensation or benefit of any kind except as specifically provided for herein.
15. GOVERNING LAWS This Agreement is governed by the laws of the State of
Washington.
16. COMPLETE AGREEMENT This Agreement and referenced attachments
contains the complete and integrated understanding and agreement between the parties
and supersedes any understanding, agreement, or negotiation whether oral or written not
set forth herein. Amendments, changes, or modifications hereto shall not be valid unless
in writing and duly executed by both parties.
17. NO THIRD PARTY BENEFICIARIES OTHER THAN THE STATE OF
WASHINGTON The Agreement gives no rights to anyone other than the City, the
Engineer, and the State of Washington, and has no other third -party beneficiaries.
18. 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 terms of this Agreement.
19. SEVERABILITY OF AGREEMENT In the event 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.
20. MINORITY- AND WOMAN -OWNED BUSINESS; CITY -SPECIFIED
SUBCONTRACTORS The Engineer will comply with the City's directives in utilizing
the services of City -specified subcontractors and/or minority and women -owned
businesses on the Project. The firm selected by the Engineer to meet said directives will
be subject to approval by the City.
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The Engineer's liability arising from the work of said subcontractors or businesses is
limited to proceeds available from their insurance.
GRAY & OSBORNE, INC.
CITY OF YAKIMA
By: L . /�,��-- By:
Tony V lo, P.E. Richard A. Zais, J'r:
President City Manger
WITNESSES:
ATTEST:
By:
Karen S. Roberts Eh )45 6
City Clerk
J. TRO POS AL\99960.58\ AGREE -1 .DOC 6
CITY CINTRACT PO:
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+ossaeunou Mak 9
TASK
EXHIBIT "A"
CITY OF YAKIMA
PIPE GALLERY STUDY
SCOPE OF WORK AND BUDGET ESTIMATE
Task Order No. 1 - Pipe Gallery Study
TASK DESCRIPTION
ESTIMATED
COST
1
PROJECT MANAGEMENT
1.1
Meeting with City Staff to discuss project requirements.
$1,400.00
2
REPORT DEVELOPMENT
2.1
Investigate methods to monitor the condition of the existing pipe walls.
$1,800.00
2.2
Determine alternative practices and/or construction necessary for the
replacement and/or refurbishment of the steel pipe in the pipe gallery to
include any other modifications or improvements arising out of the course of
the Study.
$1,800.00
2.3
Determine the most economical and effective alternative or
replacement/refurbishment of the steel pipe.
$1,100.00
3
REPORT PREPARATION
3.1
Prepare a Draft of the Study for review and subsequent approval by City
Staff. This task will also include any revisions deemed necessary during the
initial review process.
$1,400.00
3.2
Prepare the final Report and present it to the City Staff.
$500.00
TOTAL:
$8,000.00
J \PROPOSAL\99960.58\AGREE-A
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TASK
EXHIBIT "B"
CITY OF YAKIMA
PIPE GALLERY STUDY
PROPOSED SCHEDULE
Task Order No. 1- Pipe Gallery Study
TASK DESCRIPTION
SCHEDULED
COMPLETION
1
PROJECT MANAGEMENT
1.1
Meeting with City Staff to discuss project requirements.
8/16/96
2
REPORT DEVELOPMENT
2.1
Investigate methods to monitor the condition of the existing pipe walls.
8/30/96
2.2
Determine alternative practices and/or construction necessary for the
replacement and/or refurbishment of the steel pipe in the pipe gallery to
include any other modifications or improvements arising out of the course
of the Study.
9/20/96
2.3
Determine the most economical and effective alternative or
replacement/refurbishment of the steel pipe.
10/4/96
3
REPORT PREPARATION
3.1
Prepare a Draft of the Study for review and subsequent approval by City
Staff. This task will also include any revisions deemed necessary during
the initial review process.
11/8/96
3.2
Prepare the final Report and present it to the City Staff.
11/22/96
J\PROPOSAL\99960.58\AGREE-B
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EXHIBIT "C"
CITY OF YAKIMA
PIPE GALLERY STUDY
FEE SCHEDULE
Task Order No. 1- Pipe Gallery Study
Fees for services shall be estimated based on the rate schedule set forth below.
Rates shown include salary costs, overhead costs, profit. All rates shown are on a
per hour basis.
LABOR
Office Manager
Project Manager
Project Engineer
CAD Drafting*
EXPENSES
Reimbursable Expenses**
$79.00
$70.00 - $77.00
$46.00 - $63.00
$36.00 - $49.00
Task No. 1 $100.00
* Estimated average hourly rate for this employee category. Where
individual wage rates vary from the average hourly rate listed above, the
actual amount charged will be the employee's actual wage rate times
2.691, which amount shall include salary costs, overhead cost and profit.
Any employee category not listed will also be charged at their respective
wage rate times 2.691.
**
Reimbursable expenses include travel expenses if required, computer-
aided drafting equipment costs, expenses of additional insurance,
including professional liability insurance, required by the City in excess of
that normally carried by the Engineer and the Engineer's subcontractors,
and other costs necessary to complete the project, but not list herein.
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1
)USINESS OF THE CITY COUNC
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of 84-96
ITEM TITLE: Consideration of a Resolution Authorizing execution of an Agreement with Gray and
Osborne, Inc., for engineering services to study with respect to the
replacement/refurbishment of the steel pipe within the pipe gallery of the Naches River
Water Treatment Plant.
SUBMITTED BY: Glenn Rice, ACM
Dueane Calvin, Water/Irrigation Manager
CONTACT PERSON/TELEPHONE: Dueane Calvin 576-6154
SUMMARY EXPLANATION:
In the years since the completion of the Water Treatment Plant the coatings originally applied the
steel piping in the pipe gallery has suffered a substantial amount of damage from welding to its
exterior and also from the velocity of water traveling through them. With the break down of the
coating material the pipes now are suffering from extensive electrolysis problems, and in some area
are verging breaching. The need to repair these pipes has reached a point that requires immediate
attention in order to prevent a significant failure of the piping system. Staff requests that Gray &
Osborne, Inc., be retained to develop the engineering study at a cost not to exceed $8,000.00. This
professional services agreement is necessary because the City does not have staff with the
expertise needed, nor the time available to produce the Replacement/Refurbishment Program
specifications for the domestic water system within the time frame requested by DOH. All provisions
of state law and City policy relating to the selection process for a professional services provider have
been followed.
Resolution X Ordinance Contract X Other (specify)
Funding Source Capital Improve rx n - Fund 477
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Staff recommends approval of the resolution authorizing the City
Manager to execute the accompanying contract with Gray & Osborne, Inc., for the services
described therein.
COUNCIL ACTION:
Resolution adopted. resolution No. R-96-100