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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. J\PROPOSAL\99960.58\AGREE-1.DOC 1 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. J:\PROPOSAL\99960.58\AGREE-1.DOC 2 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. J-\PROPOSAL\99960.58\AGREE-1.DOC 5 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: — �- o0 +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 1 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 1 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. J:1PRO POSAU99960.5 8\AGREE-C 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