HomeMy WebLinkAboutR-2006-095 GR Dohrn & Associates AgreementRESOLUTION NO. R-2006- 95
A RESOLUTION authorizing the City Manager of the City of Yakima to execute a
Consultant Agreement for Professional Services with GR Dohrn &
Associates, to provide professional assistance to the City of Yakima
Planning Division.
WHEREAS, the Washington Growth Management Act (GMA) requires the City of
Yakima to update the Yakima Urban Area Comprehensive Plan by no later than December,
2006; and
WHEREAS, the City of Yakima Planning Division is temporarily unable to provide the
staff time needed to review the multitude of current applications for new development projects
within the City of Yakima resulting from the extremely active development cycle that Yakima is
currently experiencing, and at the same time complete the Comprehensive Plan update required
by GMA; and
WHEREAS, the City Planning Division requires professional assistance from a
technically experienced consultant to assist with current planning in order to assure timely,
professional project review ; and
WHEREAS, GR Dohrn & Associates has agreed to provide the necessary professional
expertise to the City Planning Division to assist the City with the review of proposed new
development(s), provide technical information and advice and resolve specific issues as
necessary; and
WHEREAS, GR Dohrn & Associates agrees to provide these additional professional
services in accordance with the attached Consultant Agreement for Professional Services; and
WHEREAS, GR Dohrn & Associates will be compensated for the services provided
under the Consultant Agreement for Professional Services with the funds that will be saved from
the salary already budgeted for the vacant associate city planner's position salary; and
WHEREAS, the City Council deems it to be in the best interest of the City to authorize
execution of the attached Consultant Agreement with GR Dohrn & Associates to provide the
professional services specified therein, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute the
attached and incorporated "CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES"
with GR Dohrn & Associates, to provide professional technical assistance to the City Planning
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Division during the review, planning and approval of development applications received by the
City Planning Division. The City Attorney has approved the final form of the Agreement.
ADOPTED BY THE CITY COUNCIL this 27th day of ne, 2006.
ATTEST:
15a- 2
City Clerk
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David Edler, Mayor
CONSULTANT AGREEMENT
FOR PROFESSIONAL SERVICES
for
City of Yakima, Washington
This agreement is made and entered into on this day of;(2 t 2006, between
the City of Yakima, Washington, hereinafter referred to as CLIENT, and G.R. DOHRN &
ASSOCIATES, P.O. Box 1305, Issaquah, Washington 98027, hereinafter referred to as
CONSULTANT.
CLIENT and CONSULTANT for mutual consideration hereinafter set forth, agree as
follows:
I. OBJECTIVES
The CLIENT is presently establishing technical development parameters for a proposed
large size commercial development in Yakima. The CLIENT is in need of professional
planning assistance for completing certain technical aspects of the proposed large size
commercial development.
Due to City Planner position vacancies, as well as the ongoing 2006 Yakima Urban Area
Comprehensive Plan (UACP) update, the CLIENT is unable to provide the expertise
necessary to complete the planning of the large size commercial development in the
time frame necessary to meet its review obligations. CONSULTANT is a professional
planner with expertise in technical planning procedures and is available to assist the City
Planning Division with the Targe size commercial development.
II. SCOPE OF SERVICES
The CONSULTANT agrees to perform certain consulting, planning studies, and/or
advisory services for the CLIENT. These tasks are outlined as follows:
1. Review Targe size commercial development project application(s) already received
and expected in the near future. Consult with management and planning Staff to
ascertain the current status of the large size commercial project application(s).
2. Write any necessary planning staff reports and other planning related
correspondence necessary for the large size commercial development application(s)
to be processed.
3. Assist in writing the Threshold Determination for large size commercial development
application(s), which would include establishing the potential impacts and any
necessary mitigation measures necessary to address identified impacts.
4. Review any and all environmental documentation to ensure all environmental values
are considered during the decision-making review process for the application.
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5. Attend meetings as requested by the City to accomplish the processing of the large
size commercial development application(s).
The scope of services to be provided under this agreement shall not include
negotiation/agreement preparation services related to any Targe size commercial
development application(s).
III. PAYMENT
a. As compensation for these services CLIENT agrees to pay CONSULTANT an
hourly rate of One Hundred Fifty Dollars ($150.00) per hour.
The maximum total fees and expenses payable by the CITY to the CONSULTANT under
this contract shall not exceed Ten Thousand Dollars ($10,000).
b. No payment shall be made for any work performed by the CONSULTANT,
except for work identified and set forth in this Contract or supporting exhibits or
attachments incorporated by reference into this Contract.
c. The CONSULTANT may, in accord to the rates set forth herein, submit
invoices to the CITY not more often than once per month during the progress of the work
for partial payment of work completed to date. Invoices shall cover the time
CONSULTANT performed work for the CITY during the billing period. The CITY shall
pay the CONSULTANT for services rendered in the month following the actual delivery
of the work and will remit payment within thirty (30) days from the date of receipt of
billing.
d. The CONSULTANT shall not be paid for services rendered under the
CONTRACT unless and until they have been performed to the satisfaction of the CITY.
e. In the event the CONSULTANT has failed to perform any substantial
obligation to be performed by the CONSULTANT under this Contract and such failure
has not been cured within ten (10) days following notice from the CITY, then the CITY
may, in its sole discretion, upon written notice to the CONSULTANT, withhold any and
all monies due and payable to the CONSULTANT, without penalty until such failure to
perform is cured or otherwise adjudicated. "Substantial" for purposes of this Contract
means faithfully fulfilling the terms of the contract with variances only for technical or
minor omissions or defects.
f. Unless otherwise provided for in this Contract or any exhibits or attachments
hereto, the CONSULTANT will not be paid for any billings or invoices presented for
payment prior to the execution of the Contract or after its termination.
IV. RETAINER
Retainer is waived for CITY.
V. STANDARD PROVISIONS
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1. TERM OF CONTRACT
The term of this Contract shall begin on the date last executed below, and shall
terminate upon completion of all services required hereunder by the CONSULTANT
unless terminated earlier by the CITY in accordance with paragraph 6 of this Section of
this Contract.
2. CONTRACT REPRESENTATIVES
Each party to this Contract shall have a contract representative. Each party may
change its representative upon providing written notice to the other party. The parties'
representatives are as follows:
a. For CONSULTANT:
Name of Representative: Gregg R. Dohrn
Title: Owner
Mailing Address: P.O. Box 1305
City, State and Zip Code: Issaquah, WA 98027
Telephone Number: 206-679-7507
Fax Number: 425-427-1585
E-mail Address: greggdohrn@comcast.net
b. For CITY:
Name of Representative: Doug Maples
Title: Code Administration and Planning Manager
Mailing Address: 129 North Second Street
City, State and Zip Code: Yakima, WA 98901
Telephone Number: 509 575-6121
Fax Number: 576-6576
E-mail Address: dmaples@ci.yakima.wa.us
3. AMENDMENTS AND CHANGES IN WORK
a. In the event of any errors or omissions by the CONSULTANT in the
performance of any work required under this Contract, the CONSULTANT shall make
any and all necessary corrections without additional compensation. AD work submitted
by the CONSULTANT shall be certified by the CONSULTANT and checked for errors
and omissions. The CONSULTANT shall be responsible for the accuracy of the work,
even if the work is accepted by the CITY.
b. No amendment, modification or renewal shall be made to this Contract unless
set forth in a written Contract Amendment, signed by both parties and attached to this
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Contract. Work under a Contract Amendment shall not proceed until the Contract
Amendment is duly executed by the CITY.
4. HOLD HARMLESS AND INDEMNIFICATION
a. The CONSULTANT shall hold harmless, indemnify and defend the CITY, its
officers, officials, employees and agents, from and against any and all claims, actions,
suits, liability, losses, expenses, damages, and judgments of any nature whatsoever,
including costs and attorneys fees in defense thereof, for injury, sickness, disability or
death to persons or damage to property or business, caused by or arising out of the
CONSULTANT'S acts, errors or omissions in the performance of this Contract. Claims
shall include, but not be limited to, claims that information supplied by the
CONSULTANT infringes any patent, copyright, trademark, trade name, or otherwise
results in an unfair trade practice. PROVIDED HOWEVER, that the CONSULTANT'S
obligations hereunder shall not extend to injury, sickness, death or damage caused by or
arising out of the sole negligence of the CITY, its officers, officials, employees or agents.
PROVIDED FURTHER, that in the event of the concurrent negligence of the parties, the
CONSULTANT'S obligations hereunder shall apply only to the percentage of fault
attributable to the CONSULTANT, its employees or agents.
b. In any and all claims against the CITY, its officers, officials, employees and
agents by any employee of the CONSULTANT, anyone directly or indirectly employed
by any of them, or anyone for whose acts any of them may be liable, the indemnification
obligation under this Section shall not be limited in any way by any limitation on the
amount or type of damages, compensation, or benefits payable by or for the
CONSULTANT under Worker's Compensation acts, disability benefits acts, or other
employee benefits acts, it being clearly agreed and understood by the parties hereto that
the CONSULTANT expressly waives any immunity the CONSULTANT might have had
under such laws. By executing the Contract, the CONSULTANT acknowledges that the
foregoing waiver has been mutually negotiated by the parties and that the provisions of
this Section shall be incorporated, as relevant, into any contract the CONSULTANT
makes with any CONSULTANT or agent performing work hereunder.
c. The CONSULTANT'S obligations hereunder shall include, but are not limited
to, investigating, adjusting and defending all claims alleging loss from action, error or
omission, or breach of any common law, statutory or other delegated duty by the
CONSULTANT, the CONSULTANT'S employees, or agents.
5. INSURANCE
a. Workers' Compensation: The CONSULTANT shall maintain workers'
compensation insurance as required by Title 51, RCW, and shall provide evidence of
coverage to the CITY. If the CONSULTANT has employees, the CONSULTANT shall
request the Washington State Department of Labor and Industries, Workers'
Compensation Representative, send written verification to CITY that the CONSULTANT
is currently paying Workers' Compensation.
b. Commercial General Liability: The CONSULTANT shall maintain Commercial
General Liability coverage for bodily injury, personal injury and property damage, subject
to limits of not Tess than $1,000,000 per loss. The general aggregate limit shall apply
separately to this Contract and be no less than $2,000,000.
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The CONSULTANT shall provide Commercial General Liability coverage
which does not exclude any activity to be performed in fulfillment of this Contract.
Specialized forms specific to the industry of the CONSULTANT will be deemed
equivalent provided coverage is no more restrictive than would be provided
under a standard Commercial General Liability policy, including contractual
liability coverage.
ii. The CONSULTANT'S Commercial General Liability insurance shall
include the CITY, its officers, officials, employees and agents with respect to
performance of services, and shall contain no special limitations on the scope of
protection afforded to the CITY as an additional insured.
The CONSULTANT shall furnish the CITY with evidence that the
additional insured provision required above has been met. An acceptable form of
evidence is the endorsement pages of the policy showing the CITY as an
additional insured.
iv. If the CONSULTANT'S liability coverage is written as a claims made
policy, then the CONSULTANT must evidence the purchase of an extended
reporting period or "tail" coverage for a three-year period after project completion,
or otherwise maintain the coverage for the three-year period.
v. If the Contract is over $50,000 then the CONSULTANT shall also
maintain Employers Liability Coverage with a limit of not less than $1 million.
c. Automobile Liability: The CONSULTANT shall maintain Business Automobile
Liability insurance with a limit of not less than $1,000,000, each accident combined
Bodily Injury and Property Damages. Coverage shall include owned, hired and non -
owned automobiles.
d. Other Insurance Provisions:
The CONSULTANT'S liability insurance provisions shall be primary with
respect to any insurance or self-insurance programs covering the CITY, its
elected and appointed officers, officials, employees and agents.
ii. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the CITY, its officers, officials, employees or agents.
The CONSULTANT'S insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
iv. The CONSULTANT shall include all subconsultants as insureds under its
policies or shall furnish separate certificates and endorsements for each
subconsultant. All coverage for subconsultants shall be subject to all of the
requirements stated herein.
v. The insurance limits mandated for any insurance coverage required by
this Contract are not intended to be an indication of exposure nor are they
limitations on indemnification.
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vi. The CONSULTANT shall maintain all required policies in force from the
time services commence until services are completed. Certificates, policies, and
endorsements expiring before completion of services shall be promptly replaced.
e. Verification of Coverage and Acceptability of Insurers: The CONSULTANT
shall place insurance with insurers licensed to do businessin the State of Washington
and having A.M. Best Company ratings of no less than A-, with the exception that
excess and umbrella coverage used to meet the requirements for limits of liability or
gaps in coverage need not be placed with insurers or re -insurers licensed in the State of
Washington.
Certificates of Insurance shall show the Certificate Holder as CITY OF
YAKIMA and include c/o of the Office or Department issuing the Contract. The
address of the Certificate Holder shall be shown as the current address of the
Office or Department.
ii. Written notice of cancellation or change shall be mailed to the City's
Contract Representative identified in Section 4 of this Contract
The CONSULTANT shall furnish the CITY with properly executed
certificates of insurance or a signed policy endorsement which shall clearly
evidence all insurance required in this section prior to commencement of
services. The certificate will, at a minimum, list limits of liability and coverage.
The certificate will provide that the underlying insurance contract will not be
canceled or allowed to expire except on thirty (30) days prior written notice to the
CITY.
iv. The CONSULTANT or its broker shall provide a copy of any and all
insurance policies specified in this Contract upon request of the CITY.
6. TERMINATION
a. The CITY may terminate this Contract in whole or in part whenever the CITY
determines, in its sole discretion, that such termination is in the best interests of the
CITY. The CITY may terminate this Contract upon giving thirty (30) days written notice
by Certified Mail to the CONSULTANT'S Contract Representative. In that event, the
CITY shall pay the CONSULTANT for all costs incurred by the CONSULTANT in
performing the Contract up to the date of such notice. Payment shall be made in
accordance with Section III of this Contract.
b. In the event that funding for this project is withdrawn, reduced or limited in any
way after the effective date of this Contract, the CITY may summarily terminate this
Contract notwithstanding any other termination provision of the Contract. Termination
under this paragraph shall be effective upon the date specified in the written notice of
termination sent by the CITY to the CONSULTANT. After the effective date, no charges
incurred under this Contract are allowable.
c. If the CONSULTANT breaches any of its obligations hereunder, and fails to
cure the breach within ten (10) days of written notice to do so by the CITY, the CITY may
terminate this Contract, in which case the CITY shall pay the CONSULTANT only for the
costs of services accepted by the CITY, in accordance with Section III of this Contract.
Upon such termination, the CITY, at its discretion, may obtain performance of the work
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elsewhere, and the CONSULTANT shall bear all costs and expenses incurred by the
CITY in completing the work and all damage sustained by the CITY by reason of the
CONSULTANT'S breach.
7. ASSIGNMENT, DELEGATION, AND SUBCONTRACTING
a. The CONSULTANT shall perform the terms of the Contract using only its
bona fide employees or agents, and the obligations and duties of the CONSULTANT
under this Contract shall not be assigned, delegated, or subcontracted to any other
person or firm without the prior express written consent of the CITY.
b. The CONSULTANT warrants that it has not paid nor has it agreed to pay any
company, person, partnership, or firm, other than a bona fide employee working
exclusively for CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or
other consideration contingent upon or resulting from the award or making of this
Contract.
8. NON -WAIVER OF RIGHTS
The parties agree that the excuse or forgiveness of performance, or waiver of
any provision(s) of this Contract does not constitute a waiver of such provision(s) or
future performance, or prejudice the right of the waiving party to enforce any of the
provisions of this Contract at a later time.
9. INDEPENDENT CONSULTANT
a. The CONSULTANT'S services shall be furnished by the CONSULTANT as an
Independent CONSULTANT and not as an agent, employee or servant of the CITY. The
CONSULTANT specifically has the right to direct and control CONSULTANT'S own
activities in providing the agreed services in accordance with the specifications set out in
this Contract.
b. The CONSULTANT acknowledges that the entire compensation for this
Contract is set forth in Section III of this Contract, and the CONSULTANT is not entitled
to any CITY benefits, including, but not limited to: vacation pay, holiday pay, sick leave
pay, medical, dental, or other insurance benefits, fringe benefits, or any other rights or
privileges afforded to CITY OF YAKIMA employees.
c. The CONSULTANT shall have and maintain complete responsibility and
control over all of its subconsultants, employees, agents, and representatives. No
subconsultant, employee, agent or representative of the CONSULTANT shall be or
deem to be or act or purport to act as an employee, agent or representative of the CITY.
d. The CONSULTANT shall assume full responsibility for the payment of all
payroll taxes, use, sales, income or other form of taxes, fees, licenses, excises, or
payments required by any City, federal or state legislation which is now or may be
enacted during the term of this Contract as to all persons employed by the
CONSULTANT and as to all duties, activities and requirements by the CONSULTANT in
performance of the work on this project and under this Contract and shall assume
exclusive liability therefore, and meet all requirements thereunder pursuant to any rules
or regulations.
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e. The CONSULTANT agrees to immediately remove any of its employees or
agents from assignment to perform services under this Contract upon receipt of a written
request to do so from the CITY'S Contract Representative or designee.
10. COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all applicable federal, state and local laws,
rules and regulations in performing this Contract.
11. INSPECTION OF BOOKS AND RECORDS
The CITY may, at reasonable times, inspect the books and records of the
CONSULTANT relating to the performance of this Contract. The CONSULTANT shall
keep all records required by this Contract for six (6) years after termination of this
Contract for audit purposes.
12. NONDISCRIMINATION
The CONSULTANT, its assignees, delegatees or subconsultants shall not
discriminate against any person in the performance of any of its obligations hereunder
on the basis of race, color, creed, ethnicity, religion, national origin, age, sex, marital
status, veteran status, sexual orientation or the presence of any disability.
Implementation of this provision shall be consistent with RCW 49.60.400.
13. OWNERSHIP OF MATERIALS/WORK PRODUCED
a. Material produced in the performance of the work under this Contract shall be
as works for hire as defined by the U.S. Copyright Act of 1976 and shall be owned by the
CITY. This material includes, but is not limited to, books, computer programs, plans,
specifications, documents, films, pamphlets, reports, sound reproductions, studies,
surveys, tapes, and/or training materials. Ownership includes the right to copyright,
patent, register, and the ability to transfer these rights. The CITY agrees that if it uses
any materials prepared by the CONSULTANT for purposes other than those intended by
this Contract, it does so at its sole risk and it agrees to hold the CONSULTANT harmless
therefore to the extent such use is agreed to in writing by the CONSULTANT.
b. An electronic copy of all or a portion of material produced shall be submitted
to the CITY upon request or at the end of the job using the word processing program
and version specified by the CITY.
14. DISPUTES
Differences between the CONSULTANT and the CITY, arising under and by
virtue of this Contract, shall be brought to the attention of the CITY at the earliest
possible time in order that such matters may be settled or other appropriate action
promptly taken. Any dispute relating to the quality or acceptability of performance and/or
compensation due the CONSULTANT shall be decided by the CITY'S Contract
Representative or designee. All rulings, orders, instructions and decisions of the CITY'S
Contract Representative shall be final and conclusive, subject to the CONSULTANT'S
right to seek judicial relief pursuant to paragraph 15 of this Section.
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15. CHOICE OF LAW, JURISDICTION AND VENUE
a. This Contract has been and shall be construed as having been made and
delivered within the State of Washington, and it is agreed by each party hereto that this
Contract shall be governed by the laws of the State of Washington, both as to its
interpretation and performance.
b. Any action at law, suit in equity, or judicial proceeding arising out of this
Contract shall be instituted and maintained only in any of the courts of competent
jurisdiction in the CITY OF YAKIMA, Washington.
16. SEVERABILITY
a. If a court of competent jurisdiction holds any part, term or provision of this
Contract to be illegal, or invalid in whole or in part, the validity of the remaining
provisions shall not be affected, and the parties' rights and obligations shall be construed
and enforced as if the Contract did not contain the particular provision held to be invalid.
b. If any provision of this Contract is in direct conflict with any statutory provision
of the State of Washington, that provision which may conflict shall be deemed
inoperative and null and void insofar as it may conflict, and shall be deemed modified to
conform to such statutory provision.
c. Should the CITY determine that the severed portions substantially alter this
Contract so that the original intent and purpose of the Contract no longer exists, the
CITY may, in its sole discretion, terminate this Contract.
17. NOTICES
Any notices shall be effective if personally served upon the other party or if
mailed by registered or certified mail, return receipt requested, to the addresses set out
in paragraph 2 of this Section. Notice may also be given by facsimile with the original to
follow by regular mail. Notice shall be deemed to be given three days following the date
of mailing or immediately if personally served. For service by facsimile, service shall be
effective upon receipt during working hours. If a facsimile is sent after working hours, it
shall be effective at the beginning of the next working day.
18. ENTIRE AGREEMENT
The parties agree that this Contract is the complete expression of its terms and
conditions. Any oral or written representations or understandings not incorporated in this
Contract are specifically excluded.
V. AU 'HSRIZED SIGNATORS
G' DO N & ASSOCIATE
By:I L�\i,I= A
•g R. +� n, AICP
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Date:
City of Yakima
By:
Dick Zais, City Ma fiager
Date: 8 ' 16- - c
ATTEST:
t_iLi
Acting City rk
Contract No.: 2006-57
Resolution No.: R-2006-95
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ATTACHMENT A
SCHEDULE OF 2006
PROFESSIONAL SERVICE FEES
SERVICES
CLASSIFICATION HOURLY RATE
• Managing Principal $150.00
EXPENSES
DIRECT EXPENSES ITEM RATE
Single Page Copies No Charge
Mileage $ .37 per mile
Authorized Subconsultants Cost plus 10%
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ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9
For Meeting of June 27, 2006
Consideration of resolution authorizing a contract with Gregg Dohrn to
provide planning services to the City of Yakima.
i .am R. Cook, Director, Community and Economic Development
epartment
CONTACT PERSON/TELEPHONE: Doug Maples, Manager, Code Administration and
Planning Division (575-6121)
SUMMARY EXPLANATION:
The City of Yakima's associate planner position has been vacant since May 1st. The
Associate Planner's position focuses primarily on current planning applications. The present
planning staff has this same focus on current planning projects and continues to struggle with
the heavy workload of current planning projects.
By this resolution we are requesting Council approval to spend salary savings that will
result from the vacant associate planner's position to fund a professional service contract with
Gregg Dohrn, a land use and environmental consultant, while this position is vacant. This
contract will allow the City to continue to handle the heavy current planning workload.
Attached for City Council consideration is a proposed professional services contract with
Gregg Dohrn, a land use and environmental consultant. Under the contract, the Mr. Dohrn
would assist the Code Administration and Planning Division with current planning projects.
This contract would be in the amount not to exceed $10,000 without further City Council
authorization.
Resolution X Ordinance Other (Specify) Contracts Prof. Serv. Agreement
Mail to (name and address):
Phone:
FundingSource Salary sa 'nqs from the vacant sso Planner position
APPROVED FOR SUBMITTAL: ."(47 Ac
City Manager
STAFF RECOMMENDATION: Pass resolution and authorize contract
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-95