HomeMy WebLinkAboutR-1997-076 Gray & Osborne, Inc.•
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RESOLUTION NO. R-97-
76
A RESOLUTION authorizing the amendment of an agreement for professional
engineering services between the City of Yakima, a municipal corporation, and
Gray & Osborne, Inc.
WHEREAS, the City of Yakima owns and operates wastewater collection and
treatment facilities in accord with applicable Federal, State and Local regulations;
and
WHEREAS, the City has identified the need for specific engineering
services to secure vital sewage collection pump station operation; and
WHEREAS, the City has identified additional engineering services required
to complete this project or were not within the . original progressive scope of
services; and
WHEREAS, the City has selected an engineering firm from the City of
Yakima's roster of qualified engineering professionals in compliance with
applicable State requirements for acquisition of professional services; and
WHEREAS, Gray and Osborne, Inc. has been selected to provide professional
engineering services in response to the need to secure adequate collection system
pump station reliability and capacity to serve the City's customers; and
WHEREAS, an agreement with Gray and Osborne, Inc. to provide these
services to the City of Yakima is in the best interest of the City of Yakima, now,
therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized to execute the
attached and incorporated Contract Amendment #2 for professional wastewater
engineering services with Gray and Osborne, Inc. for the City of Yakima.
ADOPTED BY THE CITY COUNCIL THIS DAY OF I "IN Y, 1997.
ATTEST:
City Clerk
5/9/97 cw
g&o contract resolution-ps
ynn Buchanan, Mayor
CITY OF YAILMMA
AMENDMENT NO. 2
TO
AGREEMENT BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
GRAY & OSBORNE, INC.
FOR PROFESSIONAL SERVICES
This Amendment to the Agreement between the City of Yakima ("CITY") and Gray &
Osborne, Inc. ("ENGINEER"), dated July 7, 1994, presents the additional Engineering
services requested by the City to complete the design and construction management of
the Tamarack Lift Station Improvements project. More specifically, the work will
include:
CONTRACT ADMINISTRATION. MANAGEMENT AND INSPECTION:
During construction, the Engineer will provide assistance to the City by providing
construction staking; coordinating the Pre -Construction Conference; providing part-time
construction observation, as required so as to monitor the Contractor's progress;
providing review and approval of the Contractor's submittals and shop drawings;
reviewing the Contractor's monthly pay estimates; providing a notice of final acceptance
of the construction; and preparing record drawings from field observations and
information provided by the Contractor.
To summarize, the work will include:
1. Field surveying for construction.
2. Coordinate Pre -Construction Conference.
3. Part-time construction observation as required.
4. Review and approval of submittals and shop drawings.
5. Review of Contractor progress pay estimates.
6. Notice of final acceptance of construction.
7. Preparation of record drawings from field observations.
BID & AWARD SERVICES:
During the bidding process, the Engineer will provide assistance to the City by answering
questions of prospective bidders; coordinate and attend a pre-bid conference; attend the
bid opening; evaluate the bids received and prepare a bid tabulation; and recommend
award of the construction contract to the City.
J:\YAKIMA\95073\AMEND-2
1
•
To summarize, the work will include:
1. Answer Bidders questions.
2. Coordinate Pre -Bid Conference.
3. Attend Bid Opening.
4. Evaluate bids and prepare bid tabulation.
5. Recommend construction award to City.
START-UP AND TRAINING SERVICES:
Prior to completion of construction and subsequent project acceptance by the
City, the Engineer will assist the City in the coordination of the start-up of the
new lift station and appurtenances by the Contractor and the various equipment
manufacturers. In addition, the Engineer will coordinate and assist the City in the
operation and maintenance training to be provided by the Contractor and the
various equipment manufacturers for the new lift station. Further, the Engineer
will author an Operations and Maintenance Manual for the new lift station and
appurtenances.
To summarize, the work will include:
1. Support for and coordination of Contractor's and Manufacturer's start-up
services.
2. Support for and coordination of Contractor's and Manufacturer's operations
and maintenance training.
3. Operations and Maintenance Manual.
Compensation for the above Engineering Services shall be in accordance with the
aforementioned Agreement, and, more specifically, as follows:
The maximum amount payable to the Engineer for completion of all work under this
Scope of Work, including all contingencies, salaries, overhead, direct non -salary costs
and net fee shall be FOURTEEN THOUSAND TWO HUNDRED SIXTY-TWO and
40/100 DOLLARS ($14,262.40). This amount shall not be exceeded without prior
written authorization of the City.
J:\YAKIMA\95073\AMEND-2
0
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 to the
original Agreement, dated July 7, 1994, as of the day and year written below.
GRAY & OSBORNE, INC. CITY OF YAKIMA
B
Principal
Gray & Osborn Inc.
Date: 6.12
Al !EST:
ity Clerk
CIT`.' CX>TP.AO": O.
RESOLUTION X10:
J:\YAKIMA\95073\AMEND-2
BY:
Title:
Date:
City Manager
•
CITY OF YAKIMA
AMENDMENT NO. 2 - EXHIBIT "A"
TAMARACK LIFT STATION IMPROVEMENTS
SCOPE OF WORK AND BUDGET ESTIMATES
PART 3 - ADDITIONAL SERVICES (G&O NO. 95073)
):\YAKIMA\95073\AMEND-2.XLS
TASK
TASK DESCRIPTION
PROJ
MGR
PROJ
ENGR
ENGR EIT
ELEC
ENGR
DRAFT
SURVEY
INSPECT
TOTALS
1
RATE (per hour):
$76.42
$67.28
$43.06
$75.00
$37.67
$82.34"`
$45
2
Contract Admin., Management and Inspection
Bid
6
12
64
10
16
8
566
$ 580.4,:`.
$8,580.04
3
and Award Services
2
24
2
2
$2,003.68
Startup and Training Services
2
8
40
8
8
8
$3,678.68
_
TOTAL ESTIMATED HOURS - PART 3:
10
44
106
20
24
8
64
276
TOTAL ESTIMATED COST - PART 3:
$764.20
$2,960.32
$4,564.36
$1,500.00
$904.08
$658.72
$2,910.72
$14,262.40
TOTAL ESTIMATED COST- PART 1-3:
r
,
.•
,
z
a.,,
•-
$55.534.90
):\YAKIMA\95073\AMEND-2.XLS
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /14
For Meeting Of 5/20/97
ITEM 1'1i LE: Consideration of Resolution Authorizing the City Manager to Execute _
Amendment #2 to a Professional Engineering Services Contract With
Gray and Osborne, Inc. Inspection and Administration During
Construction for the Tamarack Pump Station
SUBMITTED BY: Chris Waarvick, Wastewater Superintendent
Bruce Bates, Assistant Wastewater Superintendent
Doug Mayo, Project Engineer
CONTACT PERSON/TELEPHONE: Chris Waarvick/575-6078
SUMMARY EXPLANATION:
Staff respectfully requests City Council approval of the attached resolution authorizing the
City Manager to execute the attached contract amendment #2 for professional engineering
services for Tamarack Sewage Lift Station Construction Administration and Inspection.
Funding for this project is in the adopted 1997 Budget and has been assigned Project
Number 1748.
The Tamarack Sewage Lift Station located East of the Red Lion Inn at 1507 North 1st Street
iois severely worn out and unable to reliably keep up with flows from expanding growth in
Northeast Yakima. Sewer Maintenance Staff are currently inspecting and servicing this
pump station on a daily basis due to ongoing equipment difficulties.
(Continued on next page)
Resolution X Ordinance Contract X Other (Specify) Contract Amendment
Funding Source 476 Sewer Const. Fund Approved 1997 Appropriation -Project #1748
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Approve resolution authorizing City Manager to amend professional engineering services
contract with Gray and Osborne, Inc. for Tamarack Pump Station Design Services during
Construction.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
g8o ps agenda
May 8, 1997 cw
,
Agenda Statement (continued)
Staff propose to relocate the Tamarack lift station to the East to accommodate futur
connection of existing unsewered housing and possible industrial development in the
North 4th Street area.
Gray and Osborne, Inc. has assisted the City in developing the current approved City of
Yakima Sewage Lift Station Standard Design Specifications; hence they have direct
experience with the required work. Council 'approved Contract Amendment #1 on Project
#1748 to include additional engineering and contract administrations costs. The additional
engineering which included numerous changes to the original design standard was
completed in April 1997. - Amendment #2 for an additional $14,078.36 enables us to
proceed with the public bidding process, contract administration, and inspection. Outside
engineering assistance is recommended because the City Engineering Division has
indicated their present staff cannot accommodate this additional workload. Gray and
Osborne, Inc. has been selected from the City Engineers list of qualified consultants in
accord with state requirements for procuring engineering services.
This amendment would increase the "not to exceed" amount of the existing contract
(Sewage Lift Station Improvements) from $41,272.50 to $55,350.86.
•
g&o ps agenda
May 8. 1997 cw
AMENDMENT NO. 1
TO
AGREEMENT BETWEEN
CITY OF YAICEMA, WASHINGTON
AND
GRAY AND OSBORNE, INC.
FOR PROFESSIONAL SERVICES
THIS AMENDMENT, made and entered into on this /07'G day of
, 1996, by and between the City of Yakima, Washington with
prii`lcipa1 offices at 129 N. Second Street, Yakima, Washington 98901, hereinafter
referred to as "CITY", and Gray and Osborne, Inc. with principal offices at 107 South
Third Street, Yakima WA 98901 and which corporation and its principal engineers
performing this Agreement are licensed and register to do business in the state of
Washington, hereinafter referred to as "ENGINEER", for Wastewater Collection
services herein called the "PROJECT".
WITNESSETH:'
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide
engineering services for planning, design and construction of improvements to the
wastewater collection system as described in this Agreement and Amendments thereto;
and
WHEREAS, CITY desires to modify the Scope of Work as provided
for under Section 2.2 Additional Services of the original agreement dated July 7,
1994 to modify the original Scope and include the design of a new lift station to
replace the existing life station currently designated as the Tamarack Lift Station,
i
WHEREAS, ENGINEER represents that it has available and offers to
provide personnel with expertise and experience necessary to satisfactorily accomplish
the work within the required time and that it has no conflicts of interest prohibited by
law from entering into this Agreement;
NOW, THEREFORE, CITY and ENGINEER agree that this
Amendment shall modify the original agreement as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the
Agreement.
SECTION 2 SCOPE OF SERVICES
2.0 ENGINEER agrees to perform those services described hereafter. Unless
modified in writing by both parties, duties of ENGINEER shall not be construed to
exceed those services specifically set forth herein.
2.1 Basic Services:
ENGINEER agrees to perform the work outlined under task descriptions in
Amendment No. 1- Exhibit A, entitled "City of Yakima Sewage Lift Station
Improvements Scope of Work and Budget Estimate (Hours)" (WORK) which is part
of this Agreement as if fully set forth herein.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4.1 In signing this Agreement, CITY grants ENGINEER specific authorization to
proceed with WORK described in Amendment No. 1- Exhibit A.
SECTION 5 COMPENSATION
5.1.0 The project budget and not to exceed task amounts as found in Amendment
No. 1- Exhibit A.
5.2.0 COMPENSATION ON AN HOURLY BASIS
For the services described in Amendment No. 1- Exhibit A, compensation shall be
based on a Per Diem Rate which is the direct labor rates times a direct labor factor of
2.691. The 1996 Rates are listed in Amendment No. 1- Exhibit A and are subject to
revision at the first of each calendar year. In addition to the Per Diem Rates, the
OWNER shall pay Direct Expenses in connection therewith plus applicable sales, use,
value added, business transfer, gross receipts, or other similar taxes. i Direct Labor
Cost shall mean salary and wages at the time services are performed of all personnel
engaged directly on the PROJECT, including, but not limited to, engineers, architects,
scientists, designers, draftsmen, clerical, accounting, and other technical and business
personnel. Direct Labor Costs do not include indirect payroll related costs or fringe
benefits.
5.2.1 DIRECT EXPENSES Direct Expenses are those costs incurred on or directly
for the PROJECT including, but not limited to, necessary transportation costs,
including current rates for ENGINEER'S vehicles; meals and lodging; laboratory tests
and analyses; printing, binding and reproduction charges; all costs associated with
other outside nonprofessional services and facilities; special CITY -requested and
PROJECT -related insurance and performance warranty costs; and other similar costs.
Reimbursement for Direct Expenses will be on the basis of actual charges when
furnished by commercial sources and on the basis of current rates when furnished by
ENGINEER. Estimated applicable Direct Expenses are included in Amendment No.
1- Exhibit A.
5.2.2 Travel costs, including transportation, lodging, subsistence and incidental
expenses incurred by employees of the ENGINEER and each of the Subconsultants in
connection with PROJECT WORK; provided, as follows:
• That a maximum of U.S. INTERNAL REVENUE SERVICE allowed
cents per mile will be paid for the operation, maintenance and depreciation
costs of company or individually owned vehicles for that portion of time
they are used for PROJECT WORK. ENGINEER, whenever possible, will
use the least expensive form of ground transportation.
• That reimbursement for meals inclusive of tips shall not exceed a maximum
of $40 per day per person. This rate may be adjusted on a yearly basis.
• That accommodation shall be at a reasonably priced hotel/motel.
• That air travel shall be by coach class, and shall be used only when
absolutely necessary.
5.2.3 Telephone charges, computer charges, in-house reproduction charges, first
class postage and FAX charges are not included in the direct expense costs, but are
considered as a part of the 2.691 direct labor factor.
5.2.4 PROFESSIONAL SUBCONSULTANTS Professional Subconsultants are
those costs for engineering, management consulting, geotechnical seivices and similar
professional services approved by the CITY. Reimbursement for Professional
Subconsultants will be on the basis of 1.10 times the actual costs billed by the
Professional Subconsultant for services provided to the CITY through this Agreement.
5.3 Unless specifically authorized in writing by the CITY, the total budgetary
amount for this PROJECT shall not exceed that amount set forth in Amendment No.
1- Exhibit A. The ENGINEER will make reasonable efforts to complete the WORK
within the budget and will keep CITY informed of progress toward that end so that
the budget or WORK effort can be adjusted if found necessary. The ENGINEER is
not obligated to incur costs beyond the indicated budget, as may be adjusted, nor is the
CITY obligated to pay the ENGINEER beyond these limits. When any budget has
been increased, the ENGINEER'S excess costs expended prior to such increase will
be allowable to the same extent as if such costs had been incurred after the approved
increase, and provided that the City was informed in writing at the time such costs
were incurred.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their respective authorized officers or representatives as
of the day and year first above written.
CITY OF YAKIMA
Signature ' Signature
Osborne corporated
R.A. Zais, Jr. 1
Printed Name Printed Name
City Manager
Title
April 8, 1996
Date
Attest:
City Clerk
y�
CITY CONTRACT 1.6:
Title
Date
AMENDMENT N0.1 - EXHIBIT "A"
SEWAGE LIFT STATION IMPROVEMENTS
SCOPE OF WORK AND BUDGET ESTIMATES (Hours)
PART 1 - DESIGN STANDARDS (G&O NO. 93072)
TASK
TASK DESCRIPTION
RATE/HR
Introductory meeting with Collection System staff to
discuss lift station improvement needs.
PROJ
MGR
$72.42
PROJ
ENG.
ENGR
TECH
ELEC
ENGR
DRAFT
$42.14
$39.50
$ 70.00
$28.97
TOTALS
1
4
4
$458.24
2
Initial site visits to each lift station to review conditions
and site specific needs.
4
8
12
$1,466.80
3
Identify planning and design issues.
4
4
4
$738.24
3.1 --General planning and design concepts.
4
16
4
$1,243.92
3.2 --Site specific planning and design concepts.
8
16
4
16
$1,997.12
4
Develop preliminary needs assessment for each lift
station including: current design and operating
conditions, age and condition of existing structures and
equipment, operation and maintenance problems, and
planning issues affecting future improvements.
8
8
4
4
0
$1,354.48
5
Develop a design standard and conceptual design for
electrical control panels and telemetry systems to be
incorporated into future lift station improvements.
8
16
4
40
24
$4,906.88
6
7
8
Develop a design standard and conceptual design for
both submersible and wet pit/dry pit type lift station
configurations to be used in future lift station
improvements.
Develop preliminary budget costs for installation of new
electrical control panels and telemetry systems and
define typical costs for the construction of submersible
and wet pit/dry pit lift stations consistent with the
design standards.
Develop an engineering report summarizing the
condition of the existiing lift stations, design standards
for future improvements, and budgetary costs
estimates.
16
24
4
4
32
$3,535.12
0
0
0
0
0
$0.00
0
0
0
0
0
$0.00
PART 1 - SUBTOTALS:
56
96
12
72
72
$15, 700.80
TASK
1
1.1
AMENDMENT NO.1 - EXHIBIT "A" - cont.
SEWAGE LIFT STATION IMPROVEMENTS
SCOPE OF WORK AND BUDGET ESTIMATES (Hours)
PART 2 - TAMARACK LIFT STATION DESIGN (G&O NO. 95073)
TASK DESCRIPTION
RATE (per hour)
Design and Construction Documents
1.2
Review of existing field conditions including elevations
PROJ
MGR
$76.42
PROJ
ENG.
$67.28
ENGR
EIT
$43.06
ELEC
ENGR DRAFT
2
4
24
SURVEY
$82.34
INSPECT
$45.48
TOTALS
$1,455.29
Siting of new Lift Station
2
4
8
24
1.3
1.4
Field location assistance with securement of easement
for new construction
Engineering report which includes anticipated flows
from the existing and new service area and future
collection system to serve the area
2
8
8
24
$2,742.56
$3,011.66
4
16
24
$2,415.44
1.5
1.6
Design of new lift station incorporating design
concepts developed from this agreement
4
16
16
16
16
$3,873.78
Preparation of construction documents
2
8
16
16
24
2
2.1
Services During Construction
SUBTOTALS:
16
56
96
32
40
48
Y �3
Location survey and field staking
2
2
8
$3,484.12
$ 16,982.85
MIEN
$879.38
2.2
2.3
2.4
Field Inspection as required including compliance
testing
2
4
60
8
8
54
$6,362.62
Review of contractor progress pay estimates
Notice of Final acceptance of construction
2
4
2
2
2
2
8
SUBTOTALS:
6
12
64
10
16
PART 2 - SUBTOTALS
MISCELLANEOUS EXPENSES:
8
54
$421.95
$824.90
$8,488.85
TOTAL ESTIMATED COST - PART 1 + PART 2
22
68
160
42
56
56
54
Page 2 of 2
$100.00
$25,571.70
$41,272.50
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. r$
For Meeting Of 4/2/96
I TEM TITLE: Consideration of Resolution Authorizing the City Manager to Execute
an Amendment to a Professional Engineering Services Contract With
Gray and Osborne, Inc. for Tamarack Pump Station Design Services
During Construction
SUBMITTED BY: Chris Waarvick, Wastewater Superintendent
Bruce Bates, Assistant Wastewater Superintendent
Doug Mayo, Project Engineer
CONTACT PERSON/ I'ELEPFIONE: Chris Waarvick/575-6078
SUMMARY EXPLANATION:
Staff respectfully requests City Council approval of the attached resolution authorizing the
City Manager to execute the attached contract amendment for professional engineering
services for Tamarack Sewage Lift Station Design Services during Construction. Funding
for this project is in the adopted 1996 Budget and has been assigned Project Number 1748.
The Tamarack Sewage Lift Station located East of the Red Lion Inn at 1507 North 1st Street
is severely worn out and unable to reliably keep up with flows from expanding growth in
Northeast Yakima. Sewer Maintenance Staff are currently inspecting and servicing this
pump station on a daily basis due to ongoing equipment difficulties.
(Continued on next page)
Resolution X Ordinance Contract X Other (Specify) Contract Amendment
Funding Source 476 Sewer Const. Fund Approved 1996 Appropriation -Project #1748
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Approve resolution authorizing City Manager to amend professional engineering services
contract with Gray and Osborne, Inc. for Tamarack Pump Station Design Services during
Construction.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. Resolution No. R-96-45
g&o ps agenda
March 20, 1996 cw
Agenda Statement (continued)
Staff propose to relocate the Tamarack lift station to the East to accomodate future
connection of existing unsewered housing and possible industrial development in the
North 4th Street area.
Gray and Osborne, Inc. has assisted the City in developing the current approved City of
Yakima Sewage Lift Station Standard Design Specifications; hence they have direct
experience with the required work. Outside engineering assistance is recommended
because the City Engineering Division has indicated their present staff cannot accomodate
this additional workload. Gray and Osborne, Inc. has been selected from the City Engineers
list of qualified consultants in accord with state requirements for procuring engineering
services.
This amendment would increase the "not to exceed" amount of the existing contract
(Sewage Lift Station Improvements) from $23,809.32 to $41,272.50 an increase of $17,463.18.
g&o ps agenda
March 20, 1996 cw
RESOLUTION NO. R-96- 4 5
A RESOLUTION authorizing the amendment of an agreement for professional
engineering services between the City of Yakima, a municipal corporation, and
Gray & Osborne, Inc.
WHEREAS, the City of Yakima owns and operates wastewater collection and
treatment facilities in accord with applicable Federal, State and Local regulations;
and
WHEREAS, the City has identified the need for specific engineering
services to secure vital sewage collection pump station operation; and
WHEREAS, the City has selected an engineering firm from the City of
Yakima's roster of qualified engineering professionals in compliance with
applicable State requirements for acquisition of professional services; and
WHEREAS, Gray and Osborne, Inc. has been selected to provide professional
engineering services in response to the need to secure adequate collection system
pump station reliability and capacity to serve the City's customers; and
WHEREAS, an agreement with Gray and Osborne, Inc. to provide these
services to the City of Yakima is in the best interest of the City of Yakima, now,
therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized to amend the
attached and incorporated Contract for professional wastewater engineering
services with Gray and Osborne, Inc. for the City of Yakima.
nes, /���
ADOPTED BY THE CITY COUNCIL THIS (X DAY OFLAX , 1996.
ATTEST: ,Q
,(%1.Q.— _- 2 G l�►�+
City Clerk
3/25/96 cw
g&o contract resolution-ps
nn Buchanan, Mayor
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
GRAY AND OSBORNE INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this 1
dayof
, 1994, by and between the City of Yakima, Washington with
principal offices at 129 N. Second Street, Yakima, Washington 98901, hereinafter
referred to as "CITY", and Gray and Osborne, Inc. with principle offices at 107
South Third Street, Yakima WA 98901 and which corporation and its principal
engineers performing this Agreement are licensed and registered to do business in
the state of Washington, hereinafter referred to as "ENGINEER", for Wastewater
Collection services herein called the 'PROJECT".
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide
engineering services for planning, design and construction of improvements to
the wastewater collection system as described in this Agreement and Amendments
thereto; and
WHEREAS, ENGINEER represents that it has available and offers to
provide personnel with expertise and experience necessary to satisfactorily
accomplish the work within the required time and that it has no conflicts of
interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and ENGINEER agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the
Agreement.
PAGE 1
1994 G&O CONTRACT
CITY OF YAKIMA
SECTION 2 SCOPE OF SERVICES
2.0.1 ENGINEER agrees to perform those services described hereafter.
Unless modified in writing by both parties, duties of ENGINEER shall not be
construed to exceed those services specifically set forth herein.
2.0.2 ENGINEER shall use its best efforts to maintain continuity in
personnel and shall assign Brent Denham as Project Engineer and Tom Coleman
as Principal -in -Charge and Project Manager throughout the term of this
Agreement unless other personnel are approved by the QTY.
2.1 Basic Services
ENGINEER agrees to perform the work outlined under task descriptions in Exhibit
A, entitled "City of Yakima Sewage Lift Station Improvements Scope of Work and
Budget Estimates (Hours)" (WORK) which is part of this Agreement as if fully set
forth herein.
2.2 Additional Services
CITY and ENGINEER agree that not all WORK to be performed by ENGINEER can
be defined in detail at the time this Agreement is executed, and that additional
WORK related to Project and not covered in Exhibit A may be needed during
performance of this Agreement. CITY may, at any time, by written order, direct the
ENGINEER to revise portions of the PROJECT WORK previously completed in a
satisfactory manner, delete portions of the PROJECT, or request that the
ENGINEER perform additional WORK beyond the scope of the PROJECT WORK.
Such changes hereinafter shall be referred to as "Additional Services".
2.2.1 If such Additional Services cause an increase or decrease in the
ENGINEER'S cost of, or time required for, performance of any services under this
Agreement, a contract price and/or completion time adjustment pursuant to this
Agreement shall be made and this Agreement shall be modified in writing
accordingly.
2.2.2 Compensation for each such request for Additional Services will be
negotiated by the CITY and the ENGINEER according to the provisions set forth in
Exhibit A and if so authorized shall be considered part of the PROJECT WORK.
The ENGINEER shall not perform any Additional Services until so authorized by
CITY and agreed to by the ENGINEER in writing.
2.3 The ENGINEER must assert any claim for adjustment in writing within
thirty (30) days from the date of receipt by the ENGINEER of the written
notification of change or of providing services related to an asserted change,
whichever is earliest.
PAGE 2
1994 G&O CONTRACT
CITY OF YAKIMA
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY -FURNISHED DATA
The CITY will provide to the ENGINEER all technical data in the CITY'S
possession relating to the ENGINEER'S services on the PROJECT including
information on any pre-existing conditions known to the CITY that constitute
hazardous waste contamination on the PROJECT site as determined by an
authorized regulatory agency.
3.2 ACCESS TO FACILITIES AND PROPERTY
The CITY will make its facilities reasonably accessible to ENGINEER as required for
ENGINEER'S performance of its services and will provide labor and safety
equipment as reasonably required by ENGINEER for such access. CITY will
perform, at no cost to ENGINEER, such tests of equipment, machinery, pipelines,
and other components of the CITY'S facilities as may be reasonably required in
connection with ENGINEER'S services, unless otherwise agreed to.
3.3 TIMELY REVIEW
The CITY will examine the ENGINEER'S studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and other
consultants as CITY deems appropriate; and render in writing decisions required of
CITY in a timely manner. Such examinations and decisions, however, shall not
relieve the ENGINEER of any contractual obligations nor of its duty to render
professional services meeting the standards of care for its profession.
3.4 CITY shall appoint a City's Representative with respect to WORK to be
performed under this Agreement. City's Representative shall have complete
authority to transmit instructions and receive information. ENGINEER shall be
entitled to reasonably rely on such instructions made by the CITY'S Representative
unless otherwise directed in writing by the CITY, but ENGINEER shall be
responsible for bringing to the attention of the CITY'S Representative any
instructions which the ENGINEER believes are inadequate, incomplete or
inaccurate based upon the ENGINEERS knowledge.
3.5 Any documents, services, and reports provided by the CITY to the
ENGINEER are available solely as additional information to the ENGINEER and
will not relieve the ENGINEER of its duties and obligations under this Agreement
or at law. The ENGINEER shall be entitled to reasonably rely upon the accuracy
and the completeness of such documents, services and reports, but shall be
responsible for exercising customary professional care in using and reviewing such
documents, services and reports and drawing conclusions therefrom.
PAGE3
1994 G&O CONTRACT
C1TY OF YAK1 MA
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4.1 In signing this Agreement, CITY grants ENGINEER specific authorization to
proceed with WORK described in Exhibit A. The time for completion is defined in
Exhibit A, or as amended.
SECTION 5 COMPENSATION
5.1.0 The project budget and not to exceed task amounts as found in Exhibit A.
5.2.0 COMPENSATION ON A HOURLY BASIS
For the services described in Exhibit A, compensation shall be based on a Per Diem
Rate which is the direct labor rates times a direct labor factor of 2.6335. The 1994
Per Diem Rates are as listed in Exhibit A and are subject to revision at the first of
each calendar year. In addition to the Per Diem Rates, the OWNER shall pay Direct
Expenses in connection therewith plus applicable sales, use, value added, business
transfer, gross receipts, or other similar taxes. Direct Labor Cost shall mean salary
and wages at the time services are performed of all personnel engaged directly on
the PROJECT, including, but not limited to, engineers, architects, scientists,
designers, draftsmen, clerical, accounting, and other technical and business
personnel. Direct Labor Costs do not include indirect payroll related costs or fringe
benefits.
5.2.1 DIRECT EXPENSES Direct Expenses are those costs incurred on or directly for
the PROJECT including, but not limited to, necessary transportation costs,
including current rates for ENGINEER'S vehicles; meals and lodging; laboratory
tests and analyses; printing, binding and reproduction charges; all costs associated
with other outside nonprofessional services and facilities; special CITY -requested
and PROJECT -related insurance and performance warranty costs; and other similar
costs. Reimbursement for Direct Expenses will be on the basis of actual charges
when furnished by commercial sources and on the basis of current rates when
furnished by ENGINEER. Estimated applicable Direct Expenses are included in
Exhibit A.
5.2.2 Travel costs, including transportation, lodging, subsistence and incidental
expenses incurred by employees of the ENGINEER and each of the Subconsultants
in connection with PROJECT WORK; provided, as follows:
• That a maximum of U.S. INTERNAL REVENUE SERVICE allowed
cents per mile will be paid for the operation, maintenance and
depreciation costs of company or individually owned vehicles for that
portion of time they are used for PROJECT WORK. ENGINEER,
whenever possible, will use the least expensive form of ground
transportation.
PAGE 4
1994 G&O CONTRACT
CITY OF YAKIMA
• That reimbursement for meals inclusive of tips shall not exceed a
maximum of $40 per day per person. This rate may be adjusted on a
yearly basis.
• That accommodation shall be at a reasonably priced hotel/motel.
• That air travel shall be by coach class, and shall be used only when
absolutely necessary.
5.2.3 Telephone charges, computer charges, in-house reproduction charges, first
class postage and FAX charges are not included in the direct expense costs, but are
considered as a part of the 2.6335 direct labor factor.
5.2.4 PROFESSIONAL SUBCONSULTANTS. Professional Subconsultants are those
costs for engineering, management consulting, geotechnical services and similar
professional services approved by the CITY. Reimbursement for Professional
Subconsultants will be on the basis of 1.10 times the actual costs billed by the
Professional Subconsultant for services provided to the CITY through this
Agreement.
5.3 Unless specifically authorized in writing by the CITY, the total budgetary
amount for this PROJECT shall not exceed that amount set forth in Exhibit A. The
ENGINEER will make reasonable efforts to complete the WORK within the budget
and will keep CITY informed of progress toward that end so that the budget or
WORK effort can be adjusted if found necessary. The ENGINEER is not obligated
to incur costs beyond the indicated budget, as may be adjusted, nor is the CITY
obligated to pay the ENGINEER beyond these limits. When any budget has been
increased, the ENGINEER'S excess costs expended prior to such increase will be
allowable to the same extent as if such costs had been incurred after the approved
increase, and provided that the City was informed in writing at the time such costs
were incurred.
5.4 The ENGINEER will use its best efforts to submit to the City's
Representative by the 10th day of each calendar month an invoice for payment for
PROJECT services completed through the accounting cut-off day of the previous
month. Such invoices shall be for PROJECT services and WORK performed and
costs incurred prior to the date of the invoice and not covered by previously
submitted invoices. The ENGINEER shall submit with each invoice a summary of
time expended on the PROJECT for the current billing period, copies of
subconsultant invoices, and any other supporting materials determined by the City
necessary to substantiate the costs incurred. CITY will use its best efforts to pay
such invoices within thirty (30) days of receipt and upon approval of the WORK
done and amount billed. CITY will notify the ENGINEER promptly if any
problems are noted with the invoice. CITY may question any item in an invoice,
PAGE5
1994 G&O CONTRACT
QTY OF YAKLVTA
noting to ENGINEER the questionable item(s) and withholding payment for such
item(s). The ENGINEER may resubmit such item(s) in a subsequent invoice
together with additional supporting information required. Copies of all invoices
submitted by the authorized subcontractors, associates or subconsultants shall be
submitted to CITY and will follow the same format as that of the ENGINEER.
5.5 If payment is not made within sixty (60) days following receipt of approved
invoices, interest on the unpaid balance shall accrue beginning with the sixty-first
(61) day at the rate of 1.0% per month or the maximum interest rate permitted by
law, whichever is less, provided however, that no interest shall accrue pursuant to
Chapter 39.76 RCW when before the date of timely payment a notice of dispute is
issued in good faith by the CITY to the ENGINEER pursuant to the terms of RCW
39.76.020(4).
5.6 Final payment of any balance due the ENGINEER for PROJECT services will
be made within forty-five (45) days after satisfactory completion of the services
required by this Agreement as evidenced by written acceptance by CITY and after
such audit or verification as CU'Y may deem necessary and execution and delivery
by the ENGINEER of a release of all known claims against CITY arising under or by
virtue of this Agreement, other than such claims, if any, as may be specifically
exempted by the ENGINEER from the operation of the release in stated amounts to
be set forth therein.
5.7 Payment for any PROJECT services and WORK shall not constitute a waiver
or release by CITY of any claims, right or remedy it may have against the
ENGINEER under this Agreement or by law, nor shall such payment constitute a
waiver, remission or discharge by CITY of any failure or fault of the ENGINEER to
satisfactorily perform the PROJECT WORK as required under this Agreement.
SECTION 6 RESPONSIBILITY OF ENGLNIEER
6.1 The ENGINEER shall be responsible for the professional quality, technical
adequacy and accuracy, timely completion and the coordination of all plans,
design, drawings, specifications, reports and other services furnished by the
ENGINEER under this Agreement. The ENGINEER shall, without additional
compensation, correct or review any errors, omissions or other deficiencies in its
plans, designs, drawings, specifications, reports and other services. The
ENGINEER shall perform its WORK according to generally accepted architectural
and engineering standards of care and consistent with achieving the PROJECT
WORK within budget, on time and in compliance with applicable laws,
regulations and permits.
6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs,
specifications, reports, and incidental WORK or services furnished hereunder
shall not in any way relieve the ENGNEER of responsibility for the technical
adequacy, completeness or accuracy of its WORK and the PROJECT WORK.
PAGE 6
1994 GdzO CONTRACT
CITY OF YAKIMA
CITY'S review, approval or payment for any of the services shall not be construed
to operate as a waiver of any rights under this Agreement or at law or any cause of
action arising out of the performance of this Agreement.
6.3 In performing WORK and services hereunder, the ENGINEER and its
subcontractors, subconsultants, employees, agents and representatives shall be
acting as independent contractors and shall not be deemed or construed to be
employees or agents of CITY in any manner whatsoever. The ENGINEER shall
not hold itself out as, nor claim to be, an officer or employee of CITY by reason
hereof and will not make any claim, demand or application to or for any right or
privilege applicable to an officer or employee of CM/. The ENGINEER shall be
solely responsible for any claims for wages or compensation by ENGINEER
employees, agents and representatives, including subconsultants and
subcontractors, and shall save and hold CITY harmless therefrom.
6.4 INDEMNIFICATION
(a) ENGINEER agrees to indemnify, defend, and hold the CITY harmless
from loss, cost, or expense, including legal fees, of any kind claimed by third
parties, including without limitation such loss, cost or expense resulting from
injuries to persons or damages to property, caused solely by the negligence or
willful misconduct of the ENGINEER, its employees, officers, and subconsultants
in connection with the PROJECT. In the event that any lien is placed upon the
property of the CITY or any of the CITY'S officers, employees, or agents as a result
of the negligence or willful misconduct of the ENGINEER, the ENGINEER shall at
once cause the same to be dissolved and discharged by giving bond or otherwise.
(b) CITY agrees to indemnify, defend and hold the ENGINEER harmless
from loss, cost, or expense, including legal fees, of any kind claimed by third
parties, including without limitation such loss, cost, or expense resulting from
injuries to persons or damages to property, caused solely by the negligence or
willful misconduct of the CITY, its employees or agents in connection with the
PROJECT.
(c) If the negligence or willful misconduct of both the ENGINEER and
the CITY (or a person identified above for whom each is liable) is a cause of such
third party claim, the loss, cost, or expense shall be shared between the ENGINEER
and the CITY in proportion to their relative degrees of negligence or willful
misconduct and the right of indemnity will apply for such proportion.
(d) The above indemnity is a business understanding between the parties
and applies to all different theories of recovery, including breach of contract
warranty, tort including negligence, strict or statutory liability, or any other cause
of action.
6.5 In any and all claims by an employee of the ENGINEER, any subcontractor,
PAGE 7
1994 G&O CONTRACT
CITY OF YAKIMA
anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, the indemnification obligations under this Agreement
shall not be limited, in any way by any limitation on the amount or types of
damages, compensation or benefits payable by or for the ENGINEER or a
subcontractor under workers' or workmens' compensation acts, disability benefit
acts or other employee benefit acts. The ENGINEER waives its immunity under
the Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually
negotiated by the ENGINEER and the CITY as evidenced by their specific and
express initialling of this par rap
ENGINEER'S INITIALS
CITY'S INITIALS
6.6 It is understood that any resident engineering or inspection provided by
ENGINEER is for the purpose of determining compliance with the technical
provisions of PROJECT specifications and does not constitute any form of
guarantee or insurance with respect to the performance of a contractor.
ENGINEER does not assume responsibility for methods or appliances used by a
contractor, for the safety of construction work, or for compliance by contractors
with laws and regulations. CITY shall use its best efforts to ensure that the
construction contract requires that the contractor(s) indemnify and name CITY the
CITY'S and the ENGINEER'S officers, principals, employees, agents,
representatives, engineers as additional insureds on contractor's insurance
policies covering PROJECT, exclusive of insurance for ENGINEER professional
liability.
6.7 SUBSURFACE INVESTIGATIONS
In soils, foundation, groundwater, and other subsurface investigations, the actual
characteristics may vary significantly between successive test points and sample
intervals and at locations other than where observation, exploration, and
investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER, to the extent
that ENGINEER has exercised the applicable standard of professional care and
judgment in such investigations.
SECTION 7 PROJECT SCHEDULE AND BUDGET
7.1 The general PROJECT schedule and the budget for both the entire PROJECT
and its component tasks shall be as set forth in this Agreement and attachments.
The project schedule and performance dates for the individual tasks shall be
mutually agreed to by the CITY and the ENGINEER within fifteen days after
execution of this Agreement. The performance dates and budgets for tasks may be
modified only upon written agreement of the parties hereto. The performance
date for tasks and the completion date for the entire PROJECT shall not be
extended nor the budget increased because of any unwarranted delays attributable
PAGE 8
1994 G&O CONTRACT
CITY OF YAKIMA
to the ENGINEER but may be extended or increased by the CITY in the event of a
delay caused by special services requested by the CITY or because of unavoidable
delay caused by any governmental action or other conditions beyond the control of
the ENGINEER which could not be reasonably anticipated.
7.2 Not later than the tenth day of each calendar month during the
performance of the PROJECT, the ENGINEER shall submit to the CITY'S
Representative a copy of the current schedule and a written narrative description
of the WORK accomplished by the ENGINEER and subconsultants on each task,
indicating a good faith estimate of the percentage completion thereof on the last
day of the previous month. Additional oral or written reports shall be prepared at
the request of the CITY for presentation to other governmental agencies and/or to
the public.
SECTION 8 REUSE OF DOCUMENTS
8.1 All internal WORK products of the ENGINEER are instruments or service
of this PROJECT. Reuse, change or alteration by the CITY or others acting through
or in behalf of the CITY without written permission of the ENGINEER will be at
the CITY's sole risk. Written permission by the ENGINEER shall not be
unreasonably withheld. The CITY agrees to indemnify the ENGINEER and its
officers, employees, subcontractors and affiliated corporations from all claims,
damages, losses, and costs, including, but not limited to, litigation expenses and
attorney's fees, arising out of or related to such unauthorized reuse, change or
alteration, provided however that the ENGINEER will not be indemnified for
such claims, damages, losses, and costs including without limitations litigation
expenses and attorney fees where caused by the ENGINEER's own acts or
omissions.
8.2 The ENGINEER agrees that ownership of any plans, drawings, designs,
specifications, computer programs, technical reports, operating manuals,
calculations, notes and other WORK submitted or which are specified to be
delivered under this Agreement or which are developed or produced and paid for
under this Agreement whether or not complete shall be vested in the CITY.
SECTION 9 AUDIT AND ACCESS TO RECORDS
9.1 The ENGINEER, including it subconsultants, shall maintain books, records,
documents and other evidence directly pertinent to performance of the WORK
under this Agreement in accordance with generally accepted accounting principles
and practices consistently applied. The CITY or the CITY'S duly authorized
representative, shall have access to such books, records, documents and other
evidence for inspection, audit, and copying for a period of three years after
completion of the PROJECT. The CITY shall also have access to such books,
records, and documents during the performance of the PROJECT WORK if
deemed necessary by the CITY to verify the ENGINEER'S WORK and invoices.
PAGE 9
1994 G6&O CONTRACT
QTY OF YAKIMA
9.2 Audits conducted pursuant to this section shall be in accordance with
generally accepted auditing standards and established procedures and guidelines of
the reviewing or auditing agency.
9.3 The ENGINEER agrees to the disclosure of all information and reports
resulting from access to records pursuant to this section provided that the
ENGINEER is afforded the opportunity for an audit exit conference and an
opportunity to comment and submit any supporting documentation on the
pertinent portions of the draft audit report and that the final audit report will
include written comments, if any, of the ENGINEER.
9.4 The ENGINEER shall ensure that substantially the foregoing paragraphs are
included in each subcontract for WORK on the Project.
9.5 Any charges of the EENGINEER paid by the CITY found by an audit to be
inadequately substantiated shall be reimbursed to the CITY.
SECTION 10 INSURANCE
10.1 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. The CITY and the
CITY'S officers, principals, employees, representatives and agents shall be
designated as additional insured on all such policies except for professional
liability and Worker's Compensation. Such insurance shall be primary to the
extent covered as additional insureds and other insurance maintained or carried
by the CITY shall be separate and distinct and shall not be contributing with the
insurance listed hereunder.
10.1.1 Comprehensive general liability insurance, including personal injury
liability, blanket contractual liability, and broad -form property damage
liability coverage. The combined single limit for bodily injury and
property damage shall be not less than $1,000,000.
10.1.2. Automobile bodily injury and property damage liability insurance
covering owned, non -owned, rented, and hired cars. The combined
single limit for bodily injury and property damage shall be not less
than $1,000,000.
10.1.3. Statutory workers' compensation and employer's liability insurance
as required by state law.
10.1.4. Professional liability insurance. The limit of liability shall be not less
than $1,000,000.
PAGE 10
1994 G&O CONTRACT
CITY OF YAKEvIA
Failure of either or all of the additional insureds to report a claim under such
insurance shall not prejudice the rights of the CITY, its officers, employees, agents,
and representatives thereunder. The CITY and the CITY'S officers, prindpals,
employees, representatives and agents shall have no obligation for payment of
premiums because of being named as additional insureds under such insurance.
None of the policies issued pursuant to the requirements contained herein shall be
cancelled, allowed to expire, or changed in any manner so as to affect the rights of
the City thereunder until thirty (30) days after written notice to the CITY of such
intended cancellation, expiration, or change.
SECTION 11 SUBCONTRACTS
11.1 ENGINEER shall be entitled, to the extent determined appropriate by
ENGINEER, to subcontract any portion of the WORK to be performed under this
Agreement.
11.2 Any subconsultants or subcontractors to the ENGINEER utilized on this
PROJECT, including any substitutions thereof, will be subject to prior approval by
CITY, which approval shall not be unreasonably withheld. Each subcontract shall
be subject to review by the CITY'S Representative, if requested, prior to the
subconsultant or subcontractor proceeding with the WORK. Such review shall not
constitute an approval as to the legal form or content of such subcontract The
ENGINEER shall be responsible for the architectural and engineering performance,
acts and omissions of all persons and firms performing subcontract WORK.
11.3 CITY hereby authorizes the ENGINEER to subcontract with the persons and
firms listed below:
Conley Engineering - Electrical Engineers
11.4 The ENGINEER shall submit, along with its monthly invoices, a description
of all WORK completed by subconsultants and subcontractors during the preceding
month and copies of all invoices thereto.
SECTION 12 ASSIGNMENT
12.1 This Agreement is binding on the heirs, successors, and assigns of the
parties hereto. This Agreement may not be assigned by CITY or ENGINEER
without prior, written consent of the other, which consent will not be
unreasonably withheld.
SECTION 13 INTEGRATION
13.1 This Agreement represents the entire understanding of CITY and
ENGINEER as to those matters contained herein. No prior oral or written
PAGE 11
I994 G&O CONTRACT
CITY OF YAKIMA
understanding shall be of any force or effect with respect to those matters covered
herein. This Agreement may not be modified or altered except in writing signed
by both parties.
SECTION 14 JURISDICTION AND VENUE
14.1 This Agreement shall be administered and interpreted under the laws of the
State of Washington. Jurisdiction of litigation arising from this Agreement shall
be in that state. If any part of this Agreement is found to conflict with applicable
laws, such part shall be inoperative, null, and void insofar as it conflicts with said
laws, but the remainder of this Agreement shall be in full force and effect. Venue
of all disputes shall be Yakima County, State of Washington.
SEC.1'tON 15 EQUAL EMPLOYMENT and NONDISCRIMINATION
15.1 In connection with the Services under this Agreement, ENGINEER agrees to
comply with the applicable provisions of State and Federal Equal Employment
Opportunity and Nondiscrimination statutes and regulations.
SECTION 16 SUSPENSION OF WORK
16.1 CITY may suspend, in writing by certified mail, all or a portion of the
WORK under this Agreement if unforeseen circumstances beyond CITY'S control
are interfering with normal progress of the WORK. ENGINEER may suspend, in
writing by certified mail, all or a portion of the WORK under this Agreement if
unforeseen circumstances beyond ENGINEER's control are interfering with
normal progress of the WORK. ENGINEER may suspend WORK on PROJECT in
the event CITY does not pay invoices when due, except where otherwise provided
by this Agreement. The time for completion of the WORK shall be extended by
the number of days WORK is suspended. If the period of suspension exceeds 90
days, the terms of this Agreement are subject to renegotiation, and both parties are
granted the option to terminate WORK on the suspended portion of Project in
accordance with SECTION 17.
SECTION 17 TERMINATION OF WORK
17.1 Either party may terminate this Agreement, in whole or in part, if the other
party materially breaches its obligations under this Agreement and is in default
through no fault of the terminating party. However, no such termination may be
effected unless the other party is given: (1) not less than fifteen (15) calendar days
written notice delivered by certified mail, return receipt requested, of intent to
terminate; and (2) an opportunity for consultation and for cure with the
terminating party before termination. Notice shall be considered issued within
seventy-two (72) hours of mailing by certified mail to the place of business of either
party as set forth in this Agreement.
PAGE 12
1994 G&O CONTRACT
CITY OF YAKIMA
17.2 In addition to termination under subparagraph A of this Section, CITY may
terminate this Agreement for its convenience, in whole or in part, provided the
ENGINEER is given: (1) not less than fifteen (15) calendar days written notice
delivered by certified mail, return receipt requested, of intent to terminate; and (2)
an opportunity for consultation with CITY before termination.
17.3 If CITY terminates for default on the part of the ENGINEER, an adjustment
in the contract price pursuant to the Agreement shall be made, but (1) no amount
shall be allowed for anticipated profit on unperformed services or other WORK,
and (2) any payment due to the ENGINEER at the time of termination may be
adjusted to the extent of any additional costs or damages CITY has incurred, or is
likely to incur, because of the ENGINEER'S breach. In such event, CITY shall
consider the amount of WORK originally required which was satisfactorily
completed to date of termination, whether that WORK is in a form or of a type
which is usable and suitable to CITY at the date of termination and the cost to CITY
of completing the WORK itself or of employing another firm to complete it.
Under no circumstances shall payments made under this provision exceed the
contract price. In the event of default, the ENGINEER agrees to pay CITY for any
and all damages, costs and expenses whether directly, indirectly, or consequentially
caused by said default. This provision shall not preclude CITY from filing claims
and/or commencing litigation to secure compensation for damages incurred
beyond that covered by contract retainage or other withheld payments.
17.4 If the ENGINEER terminates for default on the part of CITY or if CITY
terminates for convenience, the adjustment pursuant to the Agreement shall
include payment for services satisfactorily performed to the date of termination, in
addition to termination settlement costs the ENGINEER reasonably incurs relating
to commitments which had become firm before the termination, unless CITY
determines to assume said commitments.
17.5 Upon receipt of a termination notice under subsections 17.1 or 17.2 above,
the ENGINEER shall (1) promptly discontinue all services affected (unless the
notice directs otherwise), and (2) deliver or otherwise make available to CITY all
originals of data, drawings, specifications, calculations, reports, estimates,
summaries, and such other information, documents and materials as the
ENGINEER or its subconsultants may have accumulated or prepared in
performing this Agreement, whether completed or in progress, with the
ENGINEER retaining copies of the same.
17.6 Upon termination under any subparagraph above, CITY reserves the right
to prosecute the WORK to completion utilizing other qualified firms or
individuals; provided, the ENGINEER shall have no responsibility to prosecute
further WORK thereon.
17.7 If, after termination for failure of the ENGINEER to fulfill contractual
obligations, it is determined that the ENGINEER has not so failed, the termination
PAGE 13
1994 G&O CONTRACT
CI 1 Y OF YAKIMA
shall be deemed to have been effected for the convenience of CITY. In such event,
the adjustment pursuant to the Agreement shall be determined as set forth in
subparagraph 17.4 of this Section.
17.8 If, because of death, unavailability or any other occurrence, it becomes
impossible for any key personnel employed by the ENGINEER in PROJECT WORK
or for any corporate officer of the ENGINEER to render his services to the
PROJECT, the ENGINEER shall not be relieved of its obligations to complete
performance under this Agreement without the concurrence and written approval
of CITY. If CITY agrees to termination of this Agreement under this provision,
payment shall be made as set forth in subparagraph 17.3 of this Section.
Section 18 Arbitration
All claims, counterclaims, disputes and other matters in question arising out of, or
relating to, this AGREEMENT or the breach thereof may be decided by arbitration
in accordance with the Construction Industry Arbitration Rules of the American
Arbitration Association then obtaining. Either CITY or ENGINEER may initiate a
request for such arbitration, but consent of the other party to such arbitration shall
be a necessary precondition to arbitration.
Section 19 NOTICE
Any notice required to be given under the terms of this Agreement shall be
directed to the party at the address set forth below. Notice shall be considered
issued and effective upon receipt thereof by the addressee -party or seventy-two
hours after mailing by certified mail to the place of business set forth below,
whichever is earlier.
CITY:
City of Yakima
Regional Wastewater Facility
2220 East Viola
Yakima, WA 98902
Attn: Mr. Chris Waarvick, Wastewater Superintendent
ENGINEER: Gray and Osborne , Inc.
107 South 3rd Street
Yakima WA 98901
Attn: Tom Coleman, Project Manager
PAGE 14
1994 Gd&O CONTRACT
CITY OF YAKIMA
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their respective authorized officers or representatives
as of the day and year first above written.
CITY OF YAKIMA
Signature
R. A. Zais, Jr.
Printed Name
City Manager
Title
6/28/94
Date
Attest
City Clerk
CITY CONTRACT NO. Qya4-1
/2 -Rt-/- 7E
PAGE 15
1994 G&O CONTRACT
CITY OF YAKJMA
and) Osborne/Incorporated
Signatur
C3�1
Printed Mame
Title
Date
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA )
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and
said person acknowledged that he/she signed this instrument, on
oath stated that he/she was authorized to execute the
instrument and acknowledged it as the C Ma yek-
of Ci I Y OF YAKIMA to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
/6CY957
Dated:
Seal or Stamp
PAGE 16
1994 G&O CONTRACT
CITY OF YAKIMA
aeAA
(Signature)
Title
3Qk/ ? /a g avo4
Printed Name
My commission expires: OS/9/
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that
%n v vc'o
is the person who appeared before me, and
said person acknowledged that he/she signed this instrument, on
oath stated that he/she was authorized to execute the
instrument and acknowledged it as the C3PC.10en
of Gray and Osborne , Inc. to be the free and voluntary act of such party
for the uses and purposesrmentioned in the instrument.
Dated: / 1 aH
Seal or Stamp
PAGE 17
1994 G. cO CONTRACT
CITY OF YAKIMA
Title
S�;cc,
Printed Name
edo lc)
My commission expires:.01 q 1`15
EXHIBIT "A"
CITY OF YAKIMA
SEWAGE LIFT STATION IMPROVEMENTS
SCOPE OF WORK AND BUDGET ESTIMATES (Hours)
TASK
TASK DESCRIPTION
RATE
PROJ
MGR
PROJ
ENG.
ENGR
TECH
ELEC
ENGR
DRAFT
TOTALS
ESTIMATED
TIME TO
COMPLETE
TASK
$72.42/hr
$42.14/hr
$39.50/hr
$70.00/hr
$28.97/hr
1
Introductory meeting with Collection System staff to
discuss lift station improvement needs.
4
4
$458.24
1 WEEK
2
Initial site visits to each lift station to review conditions
and site specific needs.
4
8
12
$1,466.80
2 WEEKS
3
Identify planning and design issues.
4
4
4
$738.24
3 WEEKS
3.1 --General planning and design concepts.
4
16
4
$1,243.92
3.2 --Site specific planning and design concepts.
8
16
4
16
$1,997.12
4
Develop preliminary needs assessment for each lift
station including: current design and operating
conditions, age and condition of existing structures and
equipment, operation and maintenance problems, and
planning issues affecting future improvements.
8
24
4
12
8
$2,820.48
3 WEEKS
5
Develop a design standard and conceptual design for
electrical control panels and telemetry systems to be
incorporated into future lift station improvements.
8
16
4
40
24
$4,906.88
4 WEEKS
6
Develop a design standard and conceptual design for
both submersible and wet pit/dry pit type lift station
configurations to be used in future lift station
improvements.
16
24
4
4
32
$3,535.12
4 WEEKS
7
Develop preliminary budget costs for installation of new
electrical control panels and telemetry systems and
define typical costs for the construction of submersible
and wet pit/dry pit lift stations consistent with the
design standards.
4
24
8
24
4
$3,412.92
3 WEEKS
8
Develop an engineering report summarizing the condition
of the existiing lift stations, design standards for future
improvements, and budgetary costs estimates.
16
24
8
4
16
$3,229.60
3 WEEKS
TOTALS:
76
160
28
108
100
$23,809 32
'ISSUE
CERTIFICATE OF INSURANCE DATE (MM/DD
JUL 794
' PRODUCER
MICHAEL J. HALL & COMPANY
600 ERICKSEN AVENUE N.E. SUITE 350
BAINBRIDGE ISLAND, WA 98110
PHONE: (206) 780-2100
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
FAX: (206) 780-2145
COMPANIES AFFORDING COVERAGE
COMPANY
A HARTFORD ACCIDENT & INDEMNITY
INSURED
GRAY & OSBORNE, INC.
COMPANY
B HARTFORD CASUALTY INSURANCE COMPANY
701 DEXTER AVENUE, N., SUITE 200
COMPANY
C LLOYD'S OF LONDON
SEATTLE, WA 98109
COMPANY
D
COVERAGES . _....,,. , . , ...
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
O
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
GENERAL LIABILITY
GENERAL AGGREGATE
$
X
COMMERCIAL GENERAL LIABILITY
52SBADU7303
SEP 10 93
SEP 10 94
PRODUCTS-COMP/OP AGG.
$ 1,000,000
CLAIMS MADE
X
OCCUR.
PERSONAL & ADV INJURY
$ 1,000,000
A
OWNER'S & CONTRACTOR'S PROT
EACH OCCURRENCE
$ 1,000,000
FIRE DAMAGE(Any One Fire)
$ 300,000
MED. EXPENSE(Any One PersorO$
5,000
AUTOMOBILE
X
LIABILITY
ANY AUTO
52UECJS3276
SEP 10 93
SEP 10 94
COMBINED SINGLE LIMIT
$ 1,000,000
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per Person)
$
B
X
X
HIRED AUTOS
NON-OWNED AUTOS
BODILY INJURY
(Per Accident)
$
PROPERTY DAMAGE
$
GARAGE
LIABILITY
AUTO ONLY -EA ACCIDENT
$
ANY AUTO
OTHER THAN AUTO ONLY'
EACH ACCIDENT
$
AGGREGATE
$
EXCESS LIABILITY
EACH OCCURRENCE
$
UMBRELLA FORM
AGGREGATE
$
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION AND
STATUTORY LIMITS
EMPLOYERS' LIABILITY
EACH ACCIDENT
$
THE PROPRIETOR/
INCL
DISEASE-POLICY LIMIT
$
PARTNERS/EXECUTIVE
OFFICERS ARE.
EXCL
DISEASE-EACH EMPLOYEE
$
OTHER SX930196 SEP 10 93 SEP 10 94
$1,000,000 EACH OCCURRENCE
C
PROFESSIONALCILITY
CLAIMS MADEPOLICY
$1,000,000 AGGREGATE
COSTS & EXPENSES INCLUSIVE
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
RE: SEWAGE COLLECTION SYSTEM PUMP STATION IMPROVEMENT. THE CERTIFICATE HOLDER IS ADDITIONAL INSURED ON THE
GENERAL LIABILITY POLICY AS RESPECTS WORK DONE BY, OR ON BEHALF OF, THE NAMED INSURED. AGGREGATE LIMITS APPLY TO
ALL PROJECTS DURING THE POLICY PERIOD.
CERTIFICATE HOLDER ,
CANCELLATION
CITY OF YAKIMA
129 NORTH 2ND STREET
YAKIMA, WA 98901
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
Attention:
AUTHORIZED REPRESENTATIVE
-}
Insoft Corp 25S 6/94. '' ,
RESOLUTION NO.R-94-
A RESOLUTION authorizing the execution of an agreement for professional
engineering services between the City of Yakima, a municipal corporation, and
Grey & Osborne, Inc.
WHEREAS, the City of Yakima owns and operates wastewater collection and
treatment facilities in accord with applicable Federal, State and Local regulations;
and
WHEREAS, the City wishes to ensure that necessary investments into its
wastewater systems are identified with sufficient lead time and detailed analysis to
secure the most appropriate alternatives and financing methods to accommodate
regulatory requirements, community growth, replacement needs, and operational
efficiencies; and
WHEREAS, the City has identified the need for specific engineering
services to secure vital sewage collection pump station operation; and
WHEREAS, the City has selected an engineering firm from the City of
Yakima's roster of qualified engineering professionals in compliance with
applicable State requirements for acquisition of professional services; and
WHEREAS, Grey and Osborne, Inc. has been selected to provide professional
engineering services in response to the need to secure adequate collection system
pump station reliability and capacity to serve the City's customers; and
WHEREAS, an agreement with Grey and Osborne, Inc. to provide these
services to the City of Yakima is in the best interest of the City of Yakima, now,
therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized to execute the
attached and incorporated Contract for professional wastewater engineering
services with Grey and Osborne, Inc. for the City of Yakima.
ADOPTED BY THE CITY COUNCIL THIS DAY OF , 1994.
AL
f `
Mayor
ATTEST:
City Clerk
6/16/94 cw
g&o contract resolution-ps