HomeMy WebLinkAboutR-2006-135 Otak Engineering, Inc. AgreementRESOLUTION NO. R — 2006 - 135
A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of
Yakima to execute an agreement with Otak Engineering, Inc., an
Engineering firm, for a Consultant Agreement to calculating the number of
Storrnwater Equivalent Residential Units (ERU) in the City of Yakima.
WHEREAS, the City conducted a study in 2004 to calculate Equivalent Residential Units
(ERU) for the accurate and equitable charging of Stormwater Utility fees; and
WHEREAS, since 2004 the City has annexed Targe areas into its corporate limits and
experienced significant commercial and residential development; and
WHEREAS, the Consultant represents that it has the professional expertise necessary
to perform the services required by the "City, and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into agreement with Otak Engineering Inc. for such expertise, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to
execute an agreement with Otak Engineering, Inc. for the purpose mentioned above, a copy of
which agreement is attached hereto and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 19th day of S
•
/ '/
tember, 2006
David Edler, Mayor
PROFESSIONAL
SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and
entered into by and between the City of Yakima, a Washington municipal corporation
(hereinafter the "City"), and Otak Engineering, Inc., a company licensed to do business in
Washington (hereinafter the "Consultant").
WHEREAS, the City of Yakima desires to engage the Consultant to update the City's
Stormwater Utility customer database and to provide the billing rolls for processing by the
County Treasurer; and
WHEREAS, the Consultant represents that it has the professional expertise necessary to
perform the services required by the City and is willing to provide such services 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 the Consultant as follows:
1. Scope of Services. The Consultant shall correct and update the City's Stormwater Utility
customer database by determining the parcels that have been annexed or developed since
2005 and calculating the amount of impervious surface on these parcels to determine the
number of ERUs as described in City Ordinance 2004-73. From the updated database, the
Consultant shall develop both draft and final stormwater utility billing rolls for processing by the
County Treasurer. The scope of services is described in more detail in the Scope of Work
attached and incorporated by this reference.
2. Term. The term of this Agreement shall commence upon execution hereof and shall
terminate at midnight on February 1, 2007, unless terminated sooner by either party in
accordance with Section 18 of this Agreement. The Consultant shall proceed in a timely and
diligent manner to provide all services required hereunder.
3. Consideration. The City shall pay the Consultant for services rendered hereunder in
accordance with the payment schedule set forth in the attached and incorporated Scope of
Work. Unless this Agreement is otherwise modified by the parties, the total compensation paid
to the Consultant for all services provided under this Agreement shall not exceed $33,152. The
Consultant shall submit to the City monthly invoices itemizing tasks accomplished and percent
completed to date. Upon receipt of said monthly invoice, the City shall make payment to the
Consultant within thirty (30) calendar days; provided, however, that all payments are expressly
conditioned upon the Consultant's providing services that are satisfactory to the City. The
Consultant shall maintain adequate files and records to substantiate all amounts itemized on
the monthly invoices. In the event that either party exercises its right to terminate this
Agreement in accordance with Section 18 of this Agreement, the Consultant shall be
compensated in accordance with the above terms for all satisfactory services provided to the
City up to the effective Agreement termination date.
4. Information Provided by the City. The Consultant shall provide guidance to the City in
determining the data required for purposes of the contemplated services. The City agrees to use
reasonable efforts to provide data and information specifically requested by the Consultant.
5. Status of Consultant. The Consultant and the City understand and expressly agree that
the Consultant is an independent contractor in the performance of each and every part of this
Agreement. No officer, employee, volunteer, and/or agent of Consultant shall act on behalf of or
represent himself or herself as an agent or representative of the City. The Consultant, as an
independent contractor, assumes the entire responsibility for carrying out and accomplishing
the services required under this Agreement. The Consultant expressly represents, warrants and
agrees that its status as an independent contractor in the performance of the work and services
required under this Agreement is consistent with and meets the six -part independent contractor
test set forth in RCW 51.08.195. The Consultant and its officers, employees, volunteers, agents
and/or subcontractors shall make no claim of City employment nor shall claim against the City
any related employment benefits, social security, and/or retirement benefits. Nothing contained
herein shall be interpreted as creating a relationship of servant, employee, partnership or
agency between the Consultant and the City.
6. Inspection and Audit. The Consultant shall maintain books, accounts, records,
documents and other evidence pertaining to the costs and expenses allowable and
consideration paid under this Agreement in accordance with generally accepted accounting
practices. All such books of account and records required to be maintained by this Agreement
shall be subject to inspection and audit by representatives of the City and/or the Washington
State Auditor at all reasonable times, and the Consultant shall afford the proper facilities for
such inspection and audit. Such books of account and records may be copied by
representatives of the City and/or the Washington State Auditor where necessary to conduct or
document an audit. The Consultant shall preserve and make available to the City upon demand
all such books of account and records for a period of three (3) years after final payment under
this Agreement.
7. Taxes and Assessments. The Consultant shall be solely responsible for compensating its
employees, agents, and/or subcontractors 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, the Consultant
shall pay the same before it becomes due.
8. Nondiscrimination Provision. During the performance of this Agreement, the Consultant
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.
9. The Americans with Disabilities Act. The Consultant shall comply with the Americans with
Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing regulations and
Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its
implementing regulations with regard to the activities and services provided pursuant to this
Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the
area of employment, public accommodations, public transportation, state and local government
services, and telecommunications.
10. Compliance with Law. The Consultant agrees to perform those 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.
11. No Conflict of Interest. Consultant covenants that neither it nor its employees 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. The Consultant further
covenants that it will not hire anyone or any entity having such a conflict of interest during the
performance of this Agreement.
12. No Insurance. It is understood the City does not maintain liability insurance for the
Consultant and its officers, directors, employees and agents.
13. Indemnification.
a. The Consultant agrees to hold harmless, indemnify, and defend the City, its elected
officials, officers, employees, and agents from and against any and all suits, actions, claims,
liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which
result from or arise out of the negligence of the Consultant, its officers, agents, employees or
subcontractors in connection with or incidental to the performance or non-performance of this
Agreement.
b. In the event that both the Consultant and the City are negligent, each party shall be
liable for its contributory share of negligence for any resulting suits, actions, claims, liability,
damages, judgments, costs and expenses (including reasonable attorney's fees).
c. The foregoing indemnity is specifically and expressly intended to constitute a waiver
of the Consultant's immunity under Washington's Industrial Insurance Act, RCW Title 51, as
respects the other party only, and only to the extent necessary to provide the indemnified party
with a full and complete indemnity of claims made by the Consultant's employees. The parties
acknowledge that these provisions were specifically negotiated and agreed upon by them.
d. Nothing contained in this Section or this Agreement shall be construed to create
a liability or a right of indemnification in any third party.
e. This Section of the Agreement shall survive the term or expiration of this Agreement
and shall be binding on the parties to this Agreement.
14. Insurance Provided by Consultant.
a. Professional Liability Insurance. On or before the date this Agreement is fully
executed by the parties, the Consultant shall provide the City with a certificate of insurance as
evidence of professional liability coverage with a limit of at least One Million Dollars
($1,000,000.00) for each wrongful act and an annual aggregate limit of at least Two Million
Dollars ($2,000,000.00). 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 the
date this contract is executed by both parties hereto, or shall provide full prior acts coverage.
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.
b. Commercial Liability Insurance. On or before the date this Agreement is fully
executed by the parties, the Consultant 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) per occurrence/aggregate 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. 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 reduce in limits the insurance without first giving the City thirty (30) calendar days' prior
written notice. 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. Commercial Automobile Liability Insurance. On or before the date this Agreement is
fully executed by the parties, the Consultant 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) per occurrence/aggregate 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. 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 reduce in limits the insurance without first giving the City thirty (30) calendar days' prior
written notice. 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.
d. Insurance Provided by Subcontractors. The Consultant shall ensure that all
subcontractors it utilizes for work/services required under this Agreement shall comply with all
of the above insurance requirements.
15. Delegation of Professional Services. The services provided for herein shall be performed
by the Consultant, and no person other than regular associates or employees of the Consultant
shall be engaged upon such work or services except upon written approval of the City.
16. Assignment. This Agreement, or any interest herein or claim hereunder, shall not be
assigned or transferred in whole or in part by the Consultant 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
the Consultant stated herein.
17. Waiver of Breach. A waiver by either party hereto of a breach by the other party hereto of
any covenant or condition of this Agreement shall not impair the right of the party not in default
to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to
insist upon strict performance of any agreement, covenant or condition of this Agreement, or to
exercise any right herein given in any one or more instances, shall not be construed as a waiver
or relinquishment of any such agreement, covenant, condition or right.
18. Termination. Either party may terminate this Agreement at any time, with or without
cause, by providing the other party with written notice of termination ten (10) calendar days prior
to the termination date.
19. 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.
20. 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 CONSULTANT:
Brett Sheffield, P.E.
Acting City Engineer
City Hall
129 North Second Street
Yakima, WA 98901
John Knutson, P.E.
Senior Project Manager
6 S. 2nd Street, Suite 317
Yakima, WA 98901
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.
21. Third Parties. The City and the Consultant are the only parties to this Agreement and are
the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to
give, or shall be construed to give or provide any right or benefit, whether directly or indirectly or
otherwise, to third persons.
22. Drafting of Agreement. Both the City and the Consultant have participated in the drafting
of this Agreement. As such, it is agreed by the parties that the general contract rule of law that
ambiguities within a contract shall be construed against the drafter of a contract shall have no
application to any legal proceeding, arbitration and/or action in which this Agreement and its
terms and conditions are being interpreted and/or enforced.
23. Integration. This written document constitutes the entire Agreement between the City
and the Consultant. 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.
24. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington.
25. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
26. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same
Agreement.
CITY OF YAKIMA
By:
R. A. Zais,, Jr., City Manager
dTpK. INC.
By:
`2c�S �STo� .,-Gamer erci p
City Contract No.
o?DOG -83
City Resolution No. 1-2000-/aS
Ciya Kz,&iwia GIf afldDatahare Jz j5a tJ yect fc0e 9/1 are
Scope of Work
City of Yakima
GIS and Database Support Project
Otak, Inc.
September 14, 2006
Six South 2nd Street, Suite 317
Yakima, Washington, 98901
(509) 457-4076
Background
Otak is providing this scope of work to the City of Yakima to support the City's effort to implement
stormwater utility fees under the adopted Stormwater Utility Ordinance. In order to utilize the
"County Treasurer" approach to collecting utility revenue, it is necessary to develop a billing roll
containing a hst of vand parcel numbers and the fee amount for each parcel. The Treasurer
normally tests draft billing rolls in mid to late November in order to identify problems with
inaccurate parcel numbers, duplicates, and so on. In order to develop the draft bilking roll it is
necessary to have a stormwater utility customer database. The customer database contains: (a)
parcel numbers; (b) owner names, (c) owner address; (d) estimated impervious surface on the parcel;
(e) estimated stormwater utility billing units (Equivalent Residential Units or ERUs); (f) apphcable
fee exemptions, waivers, or credits that apply to the parcel; and (g) an estimated fee for the parcel.
This customer database also forms the basis of a long term customer account and activity tracking
system which can be updated as customer interactions occur related to things like correction of
impervious surface information, status of meeting criteria for credits, changes in ownership,
complaints and responses, and so on. A draft City of Yakima customer database was prepared
approximately two years ago and has since become obsolete due to annexations, segmentations,
mergers, and new development.
Otak will provide services under this scope of work to correct and update the City's customer
database and, from the database, develop draft and final stormwater utility billing rolls for
processing by the County Treasurer.
Task I — Gather and Review Current Information and Data
Coordinate with City of Yakima and Yakima County Surface Water Management Division,
Assessor's Office, and GIS Department to review and obtain necessary data, orthophoto imagery,
Page 1
CO/ fif zzzd GIS azza'Daiaha5e Sio,z5or7PTJeci Jc e fIrarh
and related information needed to complete the City's preliminary customer database and utility
customer billing rolls.
Information necessary includes recent aerial photos (2004 City; 2005 County), County -wide parcel
coverage, Assessor's database, updated corporate limits (including all recent annexations), County
GIS coverages (including Urban Growth Boundary, census -defined urbanized area, etc.), and GIS
coverages and databases generated as part of the Yakima Regional Stormwater Management
Planning Project (including proposed Stormwater Utility Service Areas, City's preliminary utility
databases and impervious surface measurements through 2004, etc.).
Task 2 — Update City of Yakima Parcel Information
Review and update City of Yakima Stormwater Utility Service Area boundary and parcel coverage.
Work includes updating existing (2004) Utility Service Area boundary and parcels to reflect recent
annexations, including necessary QC work, and creation of revised base -parcel coverage for all
properties within Utility Service Area.
Task 3 — Merge and Update City of Yakima GIS Coverage and Parcel Database
Generate updated GIS coverage and database by merging City's preliminary utility database (with
impervious surface measurements through 2004) with revised base -parcel coverage (including all
recent annexations).
Task 4 — Measure Impervious Surface for New City Residential Parcels
Using aerial photos and parcel lot lines, conduct impervious surface measurements on all parcels
within the revised portions of the Utility Service Area based on City -defined customer classes (e.g.:
all new residential parcels, non-residential parcels not previously measured).
Task 5 — Review and Correct Unique Parcels to Align with City Utility Policies
Perform necessary quality control of the City's revised preliminary utility database. Work includes
review of problematic land -use codes (e.g., condos, mobile home parks, etc.) with possible
assignment of ERUs and the measurement of impervious surface on recently developed lands
(previously vacant/undeveloped lands that are no longer exempt from utility fees). Assumes that
City has performed impervious surface measurements on all previously classified Ag parcels and that
original Commercial/Industrial measurements made by County GIS Department are adequate and
require no review.
Page 2
Caiy ofYakiiasa CIJ a/o/Da/kik/re J fVor'P,Ject J'c e offror,
Task 6 — Develop Updated Preliminary Utility Customer Billing Database
Develop a preliminary utility customer billing database, including the measured impervious surface
on each parcel, the total number of Equivalent Residential Units (ERUs) assigned to each residential
and non-residential parcel, corresponding utility fees using the established base rate ($18/ERU), and
application of a blanket credit (20%) for all commercial/industrial/institutional parcels within the
City
Task 7 — Generate Draft Billing Roll for Testing by County Treasurer
Utilize established customer billing database to generate draft billing roll to be tested by the Yakima
County Treasurer's Office. If impervious surface work is still progressing when the draft rolls are
needed for testing, Otak will provide a full roll of parcel numbers in a format suitable for testing by
the County Treasurer (adding fees later once the impervious surface work is done).
Deliverable — Dr f hi/latg rol/fartesti,i dy Coo/0/ Trearlrrer
Task 8 — Correction of Problems Identified by the County Treasurer
Otak will review the problems identified by the County Treasure's test of the draft billing rolls, will
interface with City staff to resolve the problems, and will generate a final billing roll. The final
billing roll will be transmitted to the Treasurer's Office once errors in the draft billing roll are
identified and corrected (errors are normally related to inaccurate parcel numbers or lack of
supporting information needed to send a bill, such as no owner address).
Delverahles — Fasaa/r zrse y the Coo/0/ Trea ore to cal/ect ///`/ revel»re. GIJiler afac/rj- readr.heetr.
lrti:Faforaev%ia-the hi/h4 rol/.
Task 9 — Project Management and Coordination
Otak will communicate and coordinate with the City of Yakima staff, Yakima County Assessors and
Treasurer staff, and internal team staff. Otak will manage the project budget and schedule and will
provide the City with monthly emailed status reports. Otak will periodically meet with City staff to
address project needs.
Deli erahles — Jtataar rlartr, h/P0/ces
Page 3
C of Ya4inla GIJ' andDaiadase Jr0�ar'PrJeci
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Otak's Fee Estimate
Task
Description
PM
CE VI
SW
Specialist
GIS
Specialist
Admin
Asst
Total
Hours
Total Budget
by Task
1
Gather, Review Current Information and Data
3
6
6
15
$1,512
2
Update City of Yakima Parcel Information
4
12
12
28
$2,772
3
Update GIS Coverage and Parcel Database
3
8
8
19
$1,890
4
Measure New Residential Impervious Surface
16
24
56
96
$9,112
5
Correct Unique Parcels
4
12
12
28
$2,772
6
Develop Preliminary customer database
4
12
12
28
$2,772
7
Generate Draft Billing Roll
3
8
8
19
$1,890
8
Correct Problems Identified by Co. Treasurer
4
12
12
28
$2,772
9
Project Management
20
30
16
66
$6,910
Total Hours
61
124
126
16
327
Billing Rate
$126.00
$109 00
$80.00
$70.00
Total Labor Cost
$7,686
$13,516
$10,080
$1,120
$32,402
$750
Direct Expenses
Project Total
$33,152
Otak's Approximate Schedule
1
October 1
1
February 1
Page 4
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1 2
For Meeting of September 19, 2006
A Resolution authorizing the City Manager to execute a professional
services agreement for an amount not exceed $33,152.00 with Otak, Inc.
to update the stormwater calculations of the number of Equivalent
Residential Units (ERU) in the City of Yakima.
SUBMITTED BY: William Cook, Director of Department of Community and Economic
Development
CONTACT PERSON/TELEPHONE: Brett Sheffield, P.E., Surface Water Engineer
576-6797
SUMMARY EXPLANATION:
In 2004, the number of stormwater ERUs were calculated for each parcel in the city limits.
Since that time, annexations have occurred, and there has been a great deal of new
construction. In order to assure accuracy and equity, this previous effort needs to be updated to
reflect recent annexations and development.
The attached resolution authorizes the City Manager to execute the attached Professional
Services Agreement with Otak Engineering, Inc. for the above-described work. The attached
agreement identifies the tasks and estimated costs for performing these calculations and related
services, not to exceed $33,152.
Resolution XX Ordinance Contract XX Other (Specify)
Funding Source: Sewer Operations — Drainage
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve the Resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2006-135