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 $1,000,000, except
for damages resulting from the CONSULTANT'S willful misconduct or gross
negligence. This Subsection takes precedence over any conflicting
Subsection of this AGREEMENT or any document incorporated into it or
referenced by it.
6.3 INDEMNIFICATION
6.3.2 [deleted in its entirety]
6.4 SUBSURFACE INVESTIGATIONS [deleted in its entirety]
Contract Amendment Number 2
Page 2
•
•
SECTION 8 REUSE OF DOCUMENTS
8.1 INDEMNIFICATION
All work products of the CONSULTANT are instruments or service of this PROJECT.
Reuse, change or alteration by the CITY or others acting through or in behalf of the
CITY without written permission of the CONSULTANT will be at the CITY'S sole risk.
[The remaining one sentence in this first paragraph is deleted in its entirety.]
CITY OF YAKIMA
DAMES & MOORE, Inc.
By: \ -�`� By: 14-- 4, -
DATE: aa s /9 7
ATTEST:
jC� 2
City Clerk Title
K:,vi 1,. M';
Printed Name
4
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cn
DATE: /,R-5-79 7 DATE:. 2 /2$- /'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