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HomeMy WebLinkAboutR-1997-025 Agreement Amendment 2/ Engineering & Consulting Services / Dames & Moore, Inc. / Wastewater.ti RESOLUTION NO. R-97- 25 A RESOLUTION authorizing the execution of an amendment to an existing agreement dated August 11, 1995, for professional engineering and consulting services between the City of Yakima, a municipal corporation, and Dames and Moore Inc. WHEREAS, the City owns and operates a municipal wastewater treatment facility whose size and nature of treatment provided and substances used, creates risks which are mandated to be identified and managed; WHEREAS, the City is responsible for the protection of the environment and the safety of its employees and the public at the Yakima Wastewater Facility; WHEREAS, recent State and Federal mandates, including regulations under the Occupational Safety and Health Administration, the Environmental Protection Agency and other regulations, convey compliance responsibilities to the City; WHEREAS, the City is required to develop a Process Safety/Risk Management Program and routinely maintain and develop safety and contingency plans in accordance with State and Federal law; WHEREAS, Dames and Moore, Inc. has an existing contract with the City of Yakima to provide professional consulting services and has offered to respond to the need to secure a Process Safety/Risk Management Program and review current safety plans and these services are 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 Clerk and the City Manager are hereby authorized and directed to execute the attached and incorporated Contract Amendment for professional consulting services with Dames and Moore, Inc. for the City of Yakima. ADOPTED THIS 18th day of Feb. , 1997. ATTEST: CITY CLERK PSM/ Resolution 2/19/97 BB Buchanan, Mayor CONTRACT AMENDMENT NUMBER 2 TO ORIGINAL AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND DAMES & MOORE, Inc. FOR PROFESSIONAL SERVICES THIS CONTRACT AMENDMENT, made and entered into on this 2. g day of Ti `oNi cken , 1997, by and between the City of Yakima, Washington, with principal offices at 129N. Second Street, Yakima, Washington 98901, hereinafter referred to as "CITY," and Dames & Moore, Inc., which corporation and its personnel performing this Contract Amendment are licensed and registered to do business in the state of Washington, hereinafter referred to as "CONSULTANT," for Environmental Compliance Audit and Additional Safety Plan/Program Review, herein called the "PROJECT." This Contract Amendment Number 2 modifies the Agreement made and entered into on August 11, 1995. This Contract Amendment Number 2 retains in its entirety all recitals of the original agreement with the exceptions set forth in the specific paragraphs listed below: SECTION 2 SCOPE OF SERVICES 2.3 ADDITIONAL SERVICES CITY and CONSULTANT agree that not all work to be performed by CONSULTANT can be defined in detail at the time this Agreement is executed and that incidental work related to Project and not covered in Exhibit A of the original Agreement may be needed during performance of this Agreement. CITY may, at any time, by written order, direct the CONSULTANT to revise portions of the PROJECT work previously completed in a satisfactory manner, delete portions of the PROJECT, or request that the CONSULTANT perform additional work beyond the scope of the PROJECT work. Such changes hereinafter shall be referred to as "Additional Services." The Additional Services in this Contract Amendment Number 2 are described in Dames & Moore's letter dated January 27, 1997, which includes Exhibit A. SECTION 5 COMPENSATION 5.1 COMPENSATION ON AN HOURLY BASIS For the completion of the Scope of Services specified in Dames & Moore's letter dated January 27, 1997, which includes Exhibit A, consultant will be paid a sum not to exceed Contract Amendment Number 2 Page 1 • $49,230. Labor hours charged in fiscal year 1997 will be according to Attachment A— RATE SCHEDULE. • 5.2 BUDGET Unless specifically authorized by the CITY, the total budgetary amount for the Scope of Services outlined in Exhibit A shall not exceed Forty Nine Thousand Two Hundred and Thirty Dollars ($49,230). Of this amount, Thirty Six Thousand Five Hundred Thirty Dollars will be for specific EHS Programs/Plans Development, Seven Thousand One Hundred Forty Dollars will be for SPCC Plan Development, and Five Thousand Five Hundred Sixty Dollars will be for Comprehensive EHS Program Review. The CONSULTANT will make reasonable efforts to complete the work within the budget and will keep the CITY informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. The CONSULTANT is not obligated to incur costs beyond the indicated budget, as may be adjusted, nor is the CITY obligated to pay the CONSULTANT beyond these limits. When any budget has been increased, the CONSULTANT'S excess costs expended prior to such increase will be allowable to the extent as if such costs had been incurred after the approved increase. SECTION 6 . RESPONSIBILITY OF CONSULTANT 6.2 LIMITATION OF LIABILITY 6.2.1 The CONSULTANT shall be and shall remain liable, in accordance with the applicable law, for all damages to the CITY, except as provided herein, caused by the CONSULTANT'S negligent performance of any of the work and services furnished by the CONSULTANT or its subconsultants under this AGREEMENT. To the maximum extent permitted by law, CONSULTANT'S liability for CITY'S damages, for any cause or combination of causes, will, in the aggregate, not exceed $1,000,000, except for damages resulting from the CONSULTANT'S willful misconduct or gross negligence. This Subsection takes precedence over any conflicting Subsection of this AGREEMENT or any document incorporated into it or referenced by it. 6.3 INDEMNIFICATION 6.3.2 [deleted in its entirety] 6.4 SUBSURFACE INVESTIGATIONS [deleted in its entirety] Contract Amendment Number 2 Page 2 • • SECTION 8 REUSE OF DOCUMENTS 8.1 INDEMNIFICATION All work products of the CONSULTANT are instruments or service of this PROJECT. Reuse, change or alteration by the CITY or others acting through or in behalf of the CITY without written permission of the CONSULTANT will be at the CITY'S sole risk. [The remaining one sentence in this first paragraph is deleted in its entirety.] CITY OF YAKIMA DAMES & MOORE, Inc. By: \ -�`� By: 14-- 4, - DATE: aa s /9 7 ATTEST: jC� 2 City Clerk Title K:,vi 1,. M'; Printed Name 4 I'.�. cn DATE: /,R-5-79 7 DATE:. 2 /2$- /'fl City Contract No. 9 7- »1 Resolution No. - 97- 02S Contract Amendment Number 2 Page 3 • • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of 2/18/97 ITEM TITLE: Contract Amendment to current Dames and Moore contract (dated 8/11/95) for proposal to develop Process Safety/Risk Management Program and Safety Plan Review for the Wastewater Division SUBMITTED BY: Chris Waarvick, Wastewater Superintendent Bruce Bates, Assistant Wastewater Superintendent Glenn Rice, Assistant City Manager CONTACT PERSON/TELEPHONE: Chris Waarvick/575-6078 SUMMARY EXPLANATION: Staff respectfully requests City Council to approve the attached resolution authorizing the City Manager to execute the accompanying contract amendment with Dames and Moore of Spokane, Washington for Process Safety/Risk Management Program Development and Safety Plan Review for the Wastewater Division. Dames and Moore completed an Environmental Compliance Audit and several other key environmental, health, and safety programs in 1995 and 1996 according to their original contract, (Resolution R95-114). During the same time frame,. Wastewater Staff were able to develop numerous other Health and Safety plans resulting in a cost savings of over $60,000 --the cost which would have been incurred if contracted out to consultants. The contract amendment specifies a negotiated scope of work and not to exceed cost of $49,230. The financial support for this consultant contract will be from approved appropriations in the 478 Fund. Resolution X Ordinance Contract X Other (Specify) Contract Amendment Funding Source 478 Fund --professional Services (Project #1749) APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve resolution authorizing the City Manager to execute the accompanying contract amendment for Process Safety/Risk Management Program Development and Safety Plan Review from Dames and Moore of Spokane, WA. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. Resolution No. R-97-25 Risk . agenda February 13, 1997 B8