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HomeMy WebLinkAboutR-1998-142 Signalization of 6th Street and Nob HillRESOLUTION NO. R-98-142 A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute a professional engineering services agreement with Gray & Osborne, Inc., regarding the signalization of Nob Hill Boulevard and South Sixth Street, Yakima, Washington. WHEREAS, the City requires engineering services regarding the signalization of the intersection of Nob Hill Boulevard and South Si.xth Street, Yakima, Washington; and WHEREAS, the Engineer represents that it has the expertise necessary and is willing to perform the engineering services required by the City in accordance with the terms and conditions of this 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 Gray & Osborne, Inc.; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City. Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated Engineering Services Agreement with Gray & Osborne, Inc., regarding the signalization of Nob Hill Boulevard and South Sixth Street, Yakima, Washington 1 0 ADOPTED BY THE CITY COUNCIL this (,0 day of Dila, 1998. ATTEST: City Clerk (ll.)res/gray & osborne/pm ohn Puccinelli, Mayor ENGINEERING SERVICES AGREEMENT THIS ENGINEERING SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"), and Gray & Osborne, Inc. (hereinafter "Engineer"). WHEREAS, the City requires engineering services regarding the signalization of the intersection of Nob Hill Boulevard and South Sixth Street, Yakima, Washington. WHEREAS, the Engineer represents that it has the expertise necessary and is willing to perform the engineering services required by the City 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 Work. It is anticipated that the signalization of said intersection shall be accomplished in four (4) phases: Design Report; Design; Right -of -Way Acquisition; and Construction Administration. This initial Agreement and scope of work addresses engineering services and costs thereof for Phase I - Design Report. To the extent that the City determines that additional work is necessary, each remaining phase of the project shall be fully addressed in a separate addendum to this Agreement. The specifics of the scope of services for Phase I - Design Report and a general description of the other phases is attached hereto as Exhibit "B" and incorporated herein by this reference. 2. Term. The term of this Agreement shall commence upon execution hereof and shall terminate at the time of completion of all services/tasks required hereunder unless the Agreement is terminated by either party under Section 21 of this Agreement. 3. Compensation. a. Compensation for Phase I - Design Report. The City agrees to compensate Engineer for completion of Phase I - Design Report pursuant to the cost reimbursement method and in accordance with attached and incorporated Exhibits "A" and "B" respectively. The total amount of compensation the City shall pay Engineer for completion of Phase I - Design Report shall not exceed Thirty Six Thousand Five Hundred Dollars ($36,500.00). b. Description of Cost Reimbursement Method. Payment for work accomplished is on the basis of the Engineer's actual cost plus a net fee. The actual cost Page 1 of 8 030.6r/6ny&mbumapm includes direct salary cost, overhead, and direct non -salary cost, with those terms defined as follows: • "Direct salary cost" is the salary expense for professional and technical personnel and principals for the time they are productively engaged in work necessary to fulfill the terms of this Agreement. • "Overhead cost" is one hundred and thirty four percent (134%) of the direct salary costs and is estimated based on currently available accounting information and shall be updated on an annual basis. • "Direct non -salary cost" are those non -salary costs directly incurred in fulfilling the terms of this Agreement and include, but are not limited to, travel, reproduction, supplies, and fees for special professional services of outside consultants. If the Engineer is directed by the City to employ special professional services, the City shall pay the Engineer the amount of the fee charged to the Engineer by the outside consultant(s) plus ten percent (10%) for administrative overhead. • "Fee" represents the Engineer's profit of fifteen percent (15%). c. Payment of Compensation. Engineer shall submit monthly invoices to the City. Said invoices shall be based upon the cost reimbursement method and shall itemize all services rendered during the preceding monthly period. The City shall make payment to the Engineer within thirty (30) calendar days of receipt of the invoice. All payments are expressly conditioned upon the Engineer providing services hereunder that are satisfactory to the City. d. Maintenance of Financial Records/Documents. The Engineer shall make the cost records, accounts and related financial documents pertaining to this Agreement available for inspection by representatives of the City during the term of this Agreement and for a period of three (3) years following the final payment to the Engineer by the City. In the event that any audit or inspection identifies any discrepancy in such financial records, the Engineer shall provide the City with appropriate clarification and/ or financial adjustments within thirty (30) calendar days of notification of the discrepancy. 4. Additional Services and Changes. During the term of this Agreement, the City may require additional services and/ or changes to the scope of the work provided by the Engineer under this Agreement. The City shall provide the Engineer with written notice of such additional services and/or changes. The Engineer agrees to provide such additional services/changes and the City agrees to compensate the Engineer in accordance with the cost reimbursement method provided in Section 3 of this Page 2 of 8 (&h6•/8.Y & ubum..pm Agreement. The Engineer shall provide the City with a written cost estimate for the requested additional services/changes. The Engineer shall not proceed with the additional services/changes until such time as the cost for the additional services is approved by the City. 5. Cost Estimates. The City is herewith advised that the Engineer has no control over the cost of labor, material, equipment; subcontractors' and suppliers' methods of producing and delivering such goods and services; or over the methods and styles of competitive bidding or market conditions. Accordingly, the Engineer's cost estimates are made and furnished on the basis of the Engineer's experience and qualifications and represent only best judgment as an engineering firm familiar with the construction industry. As such, the Engineer cannot and does not warrant, in any other manner or style, the accuracy of cost estimates provided to the City, or that cost estimates will not vary significantly with bids of construction cost realized by the City; provided, however, that the Engineer does represent and warrant that the cost for completion of Phase I - Design Report shall not exceed Thirty Six Thousand Five Hundred Dollars ($36,500.00). 6. Facilities to be furnished by the Engineer. The Engineer shall furnish and maintain a central office, drafting space and equipment suitable and adequate for the prosecution of the work that is normal to the functioning of an established operating engineering practice. 7. Ownership of Documents. All reports, designs, drawings, and specifications prepared by the Engineer pursuant to this Agreement shall be the property of the City upon payment being made by the City to the Engineer in accordance with Sections 3 and 4 of this Agreement. Reuse of the instruments of services of the Engineer by the City on extensions of this project or any other project without the written permission of the Engineer shall be at the City's risk. 8. Information to be provided by the City. The City shall provide the Engineer with access to all information at its disposal that is pertinent to the site of project area, including but not limited to previous reports, drawings, plats, surveys, utility records, and other similar data. Absent specific written direction to the contrary, the Engineer shall be entitled to rely upon the completion and accuracy of such documentation. 9. 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. The Engineer shall have the sole judgment of the means, mode or manner of the actual performance of work/services required under this Agreement. The Engineer, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the work/services required under this Agreement. Additionally, and as an independent contractor, the Engineer and its employees shall Page 3 of 8 01).s*/s,.y&ow .� make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement. 10. Covenant against Contingent Fees. The Engineer warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon a contract or understanding for a commission, percentage, brokerage or contingent fees, excepting bona fide employees. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or in its discretion to deduct from the Agreement price or consideration or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 11. 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 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. 12. 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, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. 13. Compliance With Law. Engineer agrees to perform all work/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. 14. No Insurance. It is understood the City does not maintain liability insurance for Engineer or its employees and subcontractors. 15. Indemnification and Hold Harmless. a. Engineer agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, officers, employees and agents from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorneys' fees and disbursements) caused by or occurring by reason of any negligent act and/or omission of the Engineer, Page 4 of 8 Nkh9/B'Y & wbom..pm its officers, employees, agents, and/or subcontractors, arising out of or in connection with the performance of this Agreement. b. In the event that both Engineer and the City are negligent, the Engineer's liability for indemnification of the City shall be limited to the contributory negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) that can be apportioned to the Engineer, its officers, employees, agents, and/or subcontractors. c. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 16. Insurance provided by Engineer. a. Commercial Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. b. Commercial Automobile Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice Page 5 of 8 (ijgr/8r y & aebom..pm (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. c. Professional Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance as evidence of Professional Errors and Omissions Liability Insurance with coverage of at least One Million Dollars ($1,000,000.00) per claim and an annual aggregate limit of at least One Million Dollars ($1,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before January 1, 1998, or shall provide full prior acts. The insurance coverage shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement. d. Insurance provided by Subcontractors. The Engineer shall ensure that all subcontractors it utilizes for work/services required under this Agreement shall comply with all of the above insurance requirements. 17. 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. 18. 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. 19. 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. 20. 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. Page 6 of 8 Ok).g 8.,& �..pm 21. 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. 22. Non -Waiver. The waiver of either the City or Engineer of the breach of any provision of this Agreement by the other party shall not operate and/ or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing such provision. 23. Termination. The City or Engineer may terminate this Agreement, with or without cause, by giving the other party thirty (30) calendar days written notice of termination. In the event that the City terminates this Agreement, the City shall compensate the Engineer a mutually agreed sum for all satisfactory services performed up to the effective termination date with the understanding that said sum shall be calculated in accordance with the cost reimbursement method specified in Section 3 of this Agreement. 24. 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 Engineer City Hall 129 North 2nd Street Yakima, WA 98901 Gray & Osborne, Inc. 701 Dexter Avenue North Suite 200 Seattle, WA 98109 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. 25. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 26. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. Page 7 of 8 N448VI ny L aebomepm CITY OF YAKIMA GRAY & OSBORNE, INC. By: By: ? R. A. Zais, Jr:I, City Manager Tony wolo, P.E., President DA1E: '( / 6 - ,Y DA1E: //(( AT l'EST: _ .<? City Clerk City Contract No. Page 8 of 8 (114.5r/V.Y , EXHIBIT A GRAY & OSBORNE COMPUTATION OF OVERHEAD MULTIPLIER THROUGH 1998 Payroll Taxes 14.06% Employee Insurance 6.74% Vacations & Holidays 11.53% State B & 0 Tax 10.40% Corporate Insurance 8.92% Administration, (Typing, CADD, GIS, Computer) 36.18% Printing, Stationery & Supplies 8.58% Travel Expenses 4.11% Office Expense, (Telephone, Fax, Utilities, Etc.) 5.93% Rent 9.77% Retirement/Incentive 9.81% Depreciation Expense 3.75% Professional Services 4.22% TOTAL: 134.00% PROFESSIONAL ENGINEERING SERVICES CONTRACT ENGINEER'S REPRESENTATIVE PAYROLL RATES THROUGH JUNE 14, 1999 (Any adjustment in rates will be reflected in dollar value and cost not to exceed) Employee Classification Payroll Rates* Draftsman/Technician $13.00 to $21.00 Assistant Civil Engineers 15 00 to 27.00 Project Engineers/Managers 18.00 to 37.00 Principal Engineers 27.00 to 46.00 Field Inspectors/Resident Engineers 17.00 to 32.00 Field Survey Crew 43.00 to 58.00 Secretary/Typist N/A** * Updated annually, together with the overhead. Overhead rate calendar year (1998) is 1.34. All actual out-of-pocket expenses incurred directly on the project are added to the billing. The billing is based on direct out-of-pocket expenses; meals, lodging, laboratory testing and transportation. The transportation rate is $0.31 per mile or the current maximum IRS rate without receipt IRS Section 162(a). ** Secretarial and clerical fees are not billed, but are included in the overhead multiplier listed. The same is true for accounting, bookkeeping, in-house printing, up to $150, word processing, computer use, computer-aided drafting equipment use, and telephone and fax costs. (September 22, 1998) 1 EXHIBIT B SCOPE OF WORK CITY OF YAKIMA NOB HILL BOULEVARD AND SIXTH STREET TRAFFIC SIGNAL ENGINEERING SERVICES GENERAL The engineering services to be provided to the City of Yakima for the signalzation of the intersection of Nob Hill Boulevard and South Sixth Street shall be provided in four (4) phases, as more fully described below. This initial agreement and scope of work covers , the engineering services for Phase I - Design Report only with the remaining three (3) phases to be fully defined and added to the agreement by means of an Amendment should the City determine the need for that additional work. PHASE I - DESIGN REPORT It is understood that the City requires the Design Report to address two or three alternative projects which would range from a new traffic signal with minimal roadway changes to a new traffic signal coordinated with First Street along with roadway widening and radius improvements. The engineering services to be provided consist of the following tasks: 1. Surveying The intent of this task is to perform all field surveying that would be required to allow final design of either of the alternative as may be selected by the City. Right-of-way acquisition procedures, if required, may necessitate additional surveying • Perform research, field work, and office analysis to determine location of right-of-way and parcel boundaries along the roadway on Sixth Street from Central Avenue to Ranch Rite Road and Nob Hill Blvd. from Seventh Street to the alley just west of Sixth Street. • Field topographic surveying of existing roadway covering an area approximately 80' in width along Nob Hill Blvd. from First Street to Seventh Street and approximately 60' in width along Sixth Street from Central Avenue to Ranch Rite Road. • Download and prepare field data for drafting. j:\proposal\99980.84\ex-b.doc 1 2. Drafting • Prepare base mapping of potential project extents for use in developing alternatives and for presentation in design report. 3. Traffic Engineering (by Sub -Consultant): • Establish design criteria for roadway and traffic signal improvements. • Obtain and review existing traffic records and signal (First St.) as -built information. • Conduct manual peak hour traffic counts and observation of functional operation at intersections of Nob Hill Blvd./Sixth St. and Nob Hill Blvd./First St. • Develop and address up to three (3) design alternatives. 4. Preliminary Right -of -Way Evaluation: • Determine extent of right-of-way acquisition needs for each alternative. • Develop preliminary estimate of right-of-way acquisition costs utilizing Yakima County Assessor information on parcel size, assessed value, and city staff knowledge on typical acquisition costs. 5. Prepare design report: • Present and address alternative project designs along with estimates of project costs. 6. Meetings with City: • Meet with City staff as needed during report development. • Present report to City Council (if required). The estimated total cost of this phase of work as shown on the attached itemized estimate is $36,193.00. PHASE II: DESIGN Plans, specifications, and bid documents would be developed for the design alternative selected by the City from the Design Report. The extent of the design is unknown at this time but it is estimated that costs could range from about $20,000 to over $50,000 depending upon the extent of the improvements. j:\proposa1\99980.84\ex-b.doc 2 PHASE III: RIGHT-OF-WAY ACQUISITION This phase of work would cover services to assist the City in acquiring right-of-way as may be required to accomplish the alternative selected by the City. Services would include surveying to identify the proposed takes and develop legal descriptions, appraisal, and negotiation. It is understood that the City would utilize WSDOT (Washington State Department of Transportation) for appraisal review. The cost to acquire right-of-way is preliminarily estimated to be between $4000 and $4500 per parcel, not including the actual cost of the right-of-way or the cost for the WSDOT appraisal review. PHASE IV: CONSTRUCTION ADMINISTRATION This phase of work would normally consist of the administration of the City's contract with a contractor engaged in constructing the designed improvements. Services normally included are; construction administration, inspection, construction staking, preparation of change orders, preparation of progress estimates, and project closeout. The cost of this phase of work can not be realistically estimated at this time, however for budgeting purposes it would normally be around 15% of the construction cost. j:\proposa1199980.84\ex-b.doc 3 EXHIBIT "B" City of Yakima Traffic Signal -- Nob Hill & 6th Street Preliminary Estimate of Engineering Costs for Phase I - Design Report ' '''''"?-': --':—.',IT!'''':= ' '''''-' ',..t,':',---- '-'-''e::''''''''-'t,i-,ri''.• TASK --''''--f. PROJECT MANAGER;-: DESIGN E:!1NG--,ENGINEERtt•- t:- DESIGNr TECH PL SU- A:.,V EYO' R Project Management 40 Surveying - Research ROW 16 16 - Establish Control 60 40 - Field Surveying 48 48 - Data Download and Preparation for Drafting 4 16 Drafting - Breaklines 8 - Plan Topography 80 - Sheet Development 2 8 - Revision, Updates, File Transfers 2 8 Determination of ROW Acquisition Needs/Costs 8 12 8 8 Cost Estimates 16 8 Design Report 8 24 Council Meetings 8 8 TPTiitySTII0W00.1$ - '- -71- r': ...1.. ''',1 '-=,-? , .. - 7 ''' .':RATE - - 4 't, , ' .- ' ; := '236 '-' -i''' S ::f f800' ': ' OcP. _ AMOUNT ‘_ kJ'. , .-c,,,,r4 % ' -.:.,, -- f '----. 4 -,./j , , g ' ',- '.1 1. ;-. 1,,..., :4 '.,.•!::- ', ,:'-,,,..,--: -, ':' : r : 4 440 TOTAL ESTIMATED DIRECT COST: $ 10,380 OVERHEAD (134%): 13,909 SUB -TOTAL: $ 24,289 FEE (15%): 3,643 REIMBURSABLES: Mileage $ 150 Printing and Reproductions $ 300 SUBCONSULTANT COSTS David I. Hamlin & Associates (Traffic Engineer) $ 7,100 Administrative Overhead $ ' 710 TOTAL COST $ 36,193 M:\PROPOSAL\99980.84\EST2.XLS EXHIBIT "B" BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. t0 For Meeting of October 6,199$ ITEM TITLE: Preliminary Design for the Signalization of 6th Street and Nob Hill Boulevard. SUBMITTED BY: Department. of Community and Economic Development - Engineering Division CONTACT PERSON/TELEPHONE: Fred French, City Engineer / 575-6096 SUMMARY EXPLANATION: The Cite of Yakima has programmed signalization of the intersection at S. 6th Street and E. Nob Hill Boulevard. This is the City's number one signalization project. Realignment and additional widening on 6th Street near the intersection may be required. The total project cost is currently estimated to be $500,000 We have selected Gray & Osborne Consulting Engineers as design consultants on this project. The Contract for Professional Engineering Services included with the attached Resolution covers the preliminary engineering report including a selection of alternatives for construction. The preliminary report will not exceed $36,500. Work remaining includes final design, right-of-way acquisition and construction. The remaining design work for the intersection will cost an additional $20,000 to $50,000, depending on the alternative selected. Right-of-way acquisition could vary widely. The consultant costs for acquisition services are expected to be $4,000 to $4,500 per parcel. Resolution XX Ordinance Contract XX Other (Specify) Exhibits A & B Funding Source 392 Cumulative Reserve for Capital Expense City Manager APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt the attached resolution authorizing the City Manager and City Clerk to execute the Engineering Services Agreement for Professional Engineering Services with Gray & Osborne. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: 1 — October 1, 1998