HomeMy WebLinkAbout10/06/2009 18 Franklin Pool Water Slide Safety Evaluation Agreement with Sargent Engineers, Inc. 1111 BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. I2
For Meeting of October 6, 2009
ITEM TITLE: Consideration of a Resolution authorizing a consulting agreement with
Sargent Engineers Inc. to evaluate the safety of the water slide at
Franklin Pool
SUBMITTED BY: Chris Waarvick, Director of Public Works
Ken Wilkinson, Parks and Recreation Manager
CONTACT PERSON/TELEPHONE: Ken Wilkinson, 575 -6020
SUMMARY EXPLANATION:
Due to the age and condition of the water slide at Franklin Pool, staff requests Council
consideration and approval of a consultant agreement with Sargent Engineers, Inc. to evaluate
the condition of the water slide and its support structure. The water slide is highly used during
the summer swimming season and appears to be showing signs of deterioration.
0 If Council approves this item, Sargent Engineers, Inc. will observe the condition of the slide and
prepare a detailed report. The results of this evaluation will quantify the extent of deterioration
' and determine how much weight the water slide can carry, in other words, what the safe load
limit is for the water slide at Franklin Pool. The engineering fee to evaluate the pool slide is
estimated to be approximately $5,200.
Resolution X Ordinance Other (Specify Scope of Work Agreement
Funding Source: Parks and Recreation Capital Fund—$ ,200
APPROVED FOR SUBMITTAL: -, , City Manager
STAFF RECOMMENDATION: Staff respectfully requests City Council adoption of the attached
Resolution authorizing execution of a consulting agreement between the City of Yakima and
Sargent Engineers, Inc.
BOARD/ COMMISSION /COMMITTEE RECOMMENDATION:
COUNCIL ACTION:
0 .
RESOLUTION NO. R -2009-
A RESOLUTION authorizing the City Manager of the City of Yakima to execute an
agreement between the City of Yakima and Sargent Engineers, Inc. to
evaluate the condition of the water slide and its support structure at
Franklin Pool.
WHEREAS, the City of Yakima operates and maintains Franklin Pool located in
Yakima, Washington; and,
WHEREAS, the existing pool slide at Franklin Pool was constructed in 1991 and its
condition needs to be evaluated to maintain its safety; and,
WHEREAS, Sargent Engineers, Inc. has the experience and expertise necessary to
provide said services, and Sargent Engineers, Inc. is willing to perform said services in
accordance with the terms and conditions of the attached agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to
authorize execution of the attached agreement with Sargent Engineers, Inc. to observe the
condition, determine the safe loading for the slide, and prepare a detailed report documenting
0 the condition and strength of the slide, and suggest any maintenance that needs to be
performed on the slide, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated "Consulting Agreement" between the City of Yakima and Sargent Engineers, Inc.
for the purpose of evaluating the safety of the water slide at Franklin Pool.
ADOPTED BY THE CITY COUNCIL this 6 day of October, 2009.
ATTEST: David Edler, Mayor
City Clerk
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perks- frenklin poolslideengineeringevel -res.rtf
SARGENT
• Sargent Engineers, Inc.
320 Ron lee Lane NW
Olympia, Washington 98502 -9241
Tel 360 867 -9284
Fax 360 867 -9318
www.sargentengianers.com
August 19, 2009
Mr. Brett Sheffield
Chief Engineer
City of Yakima
129 North Second Street
Yakima, WA 98901
RE: Franklin Pool Slide Evaluation
Project No.: A09100.00
Dear Mr. Sheffield:
At the Franklin Pool you have a slide that was constructed in 1991. The slide is
supported by steel columns and beams. The Parks Department has concerns about the safety of
the slide. You have asked us to evaluate the slide.
Scope of Work
We propose to perform the following tasks:
• Observe the condition of the slide. We will perform a visual observation of all areas of
the slide and its support structure. For areas that are deteriorated, we will quantify the
extent of deterioration.
• Determine the safe loading for the slide. We will take the results of our observation and
determine the strength of the various elements according to the International Building
Code. We will then determine the fixed loads (weight of the structure and water) that are
being applied to the various members. By subtracting the fixed loads from the strength,
we can determine the amount of live load each member can carry. The live load is the
weight of people that can be carried by the slide.
• Prepare a report documenting the condition and strength of the slide. We will also
suggest any maintenance that needs to be performed on the slide.
SARGENT Mr. Brett Sheffield
Page 2
August 19, 2009 O
Engineering Fees
Our fee for performing the above tasks will not exceed:
Senior
Senior Project Project Design
Principal Engineer Engineer Engineer Engineer Drafter II Clerical Task Cost
Rate: $144.00 $116.00 $107.00 $98.00 $76.00 $80.00 $49.00
Observe slide 10 $980
Calculate capacities 8 $784
Calculate live loads 16 $1,568
Prepare report 6 $588
Review report and loads 8 $1,152
Total Direct Salary Cost 8 0 0 40 0 0 0 $5,072
Direct Costs
Mileage $100.00
Total Direct Costs $100
Total $5,172
Schedule
We anticipate that we can complete this work by the end of September if we are given a
notice to proceed by the first of September.
We look forward to assisting you with this project; please call if you have any questions.
Sincerely,
Sargent Engineers, Inc.
Monte Smith
Principal
MJS
\\Serverl \files\MonteS\My Documents \Yakima\Fianklin. docx
AGREEMENT BETWEEN THE CITY OF YAKIMA, WASHINGTON AND
SARGENT ENGINEERS, INC. FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of
2009, by and between the City of Yakima, Washington, with principal offices at 129 North
Second Street, Yakima, WA 98901, hereinafter referred to as "CITY," and SARGENT
ENGINEERS, INC., 320 Ronlee Lane NW, Olympia, WA 98502 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 the FRANKLIN POOL
SLIDE EVALUATION, herein called the "PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for
the FRANKLIN POOL SLIDE EVALUATION, as described in this Agreement and subsequent
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.
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.
2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A,
entitled "City of Yakima — FRANKLIN POOL SLIDE EVALUATION" (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
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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 C 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.
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.
3.3 TIMELY REVIEW: The CITY will examine the ENGINEER'S studies, reports,
sketches, drawings, specifications, proposals, and other documents; obtain advice of
an attomey, 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 ENGINEER'S 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.
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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 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For
the services described in Exhibit A, compensation shall be according to Exhibit C -
Schedule of Specific Hourly Rates on a time spent basis plus reimbursement for direct
non -salary expenses.
5.1.1 DIRECT NON - SALARY EXPENSES: Direct Non -Salary 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 Non -Salary Expenses will be on the
basis of actual charges when fumished by commercial sources and on the basis of
current rates when fumished by ENGINEER. Estimated Direct Non -Salary Expenses
are shown in Exhibit B.
5.1.1.2 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.
5.1.2 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 included in the Schedule of Specific Hourly Billing Rates.
5.1.3 Professional Subconsultants. Professional Subconsultants are those costs for
engineering, architecture, 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. Estimated Subconsultant costs
are shown in Exhibit B.
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5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for
41)
this PROJECT shall not exceed that amount set forth in Exhibit B. 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.
5.3 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, 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.
5.4 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).
5.5 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 CITY 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.
5.6 • 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 ENGINEER
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 fumished by the ENGINEER under this
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• Agreement. The ENGINEER shall, without additional compensation, corrector 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 civil 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 ENGINEER of responsibility for the technical adequacy,
completeness, or accuracy of its WORK and the PROJECT WORK. 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 CITY. 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.
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6.5 In any and all claims by an employee of the ENGINEER, any subcontractor, 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 initialing of this paragraph.
ENGINEER'S INITIALS CITY'S INITIALS
6.6 It is understood that any resident engineering or Construction Observation 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, and 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 Attachment D, Project
Schedule. 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 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 govemmental 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
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• 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. There shall be no reuse, change, or alteration by the CITY or others acting
through or in behalf of the CITY without written permission of the ENGINEER, which
shall not be reasonably withheld will be at the CITY's sole risk. 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 attomey'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
41110 9.1 The ENGINEER, including its subconsultants, shall maintain books, records, docu-
ments 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.
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 ENGINEER paid by the CITY found by an audit to be inadequately
substantiated shall be reimbursed to the CITY. .
0 SECTION 10 INSURANCE
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10.1 Prior to beginning WORK under this Agreement, the ENGINEER shall provide
II
Certificates of Insurance satisfactory to the CITY as evidence that policies providing
the following coverage and limits of insurance are in full force and effect. The CITY
and the CITY'S directors, 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 Commercial general liability insurance with a combined single limit for bodily injury and
property damage of at least $1,000,000 per occurrence and $2,000,000 aggregate.
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 per occurrence.
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 $2,000,000.
The policy should have a retroactive date prior to the date of this contract or provide
full prior acts. The coverage will continue for one year following the completion of the
contract.
Failure of either or all of the additional insureds to report a claim under such insurance 41)
shall not prejudice the rights of the CITY, its officers, employees, agents, and
representatives thereunder. The CITY and the CITY'S officers, principals, 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 canceled, 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.
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11. 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:
None anticipated.
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 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.
SECTION 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.
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15.2 During the performance of this Agreement, ENGINEER shall not discriminate in
violation of any applicable federal, state and /or local law or regulation on the basis of
age, sex, race, creed, religion, color, national origin, marital status, disability, honorably
discharged veteran or military status, pregnancy, sexual orientation, and any other
classification protected under federal, state, or local law. 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.
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 Tess than fifteen (15) calendar days written notice
delivered by certified mail, retum 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.
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,
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Professional Services Agreement between
the City of Yakima and Sargent Engineers
• 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
S determined that the ENGINEER has not so failed, the termination 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
18.1 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
19.1 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.
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Professional Services Agreement between
the City of Yakima and Sargent Engineers
CITY: City of Yakima
2301 Fruitvale Boulevard
Yakima, WA 98902
Attn: Mr. David Brown, Water and Irrigation Manager
ENGINEER: SARGENT ENGINEERS, INC.
320 Ronlee Lane NW
Olympia, WA 98502
Attn: Monte Smith, Principal
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 SARGENT ENGINEERS, INC.
Signature Signature
Printed Name: Printed Name:
R. A. Zais, Jr. Monte Smith
Title: Title:
City Manager Principal
Date: Date:
Attest
Deborah Kloster, City Clerk
O
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Professional Services Agreement between
the City of Yakima and Sargent Engineers
STATE OF WASHINGTON )
®
COUNTY OF YAKIMA )ss. )
I certify that I know or have satisfactory evidence that R.A. Zais, Jr., is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument, and acknowledged it as the City
Manager,of CITY OF YAKIMA to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
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Professional Services Agreement between
the City of Yakima and Sargent Engineers
EXHIBIT A
4110
CITY OF YAKIMA — FRANKLIN POOL SLIDE EVALUATION
SCOPE OF WORK
During the term of this AGREEMENT, the ENGINEER shall perform professional services in
connection with the following project:
City of Yakima — FRANKLIN POOL SLIDE EVALUATION
This scope of work shall include the fumishing of all services, labor, materials, equipment,
supplies, and incidentals necessary to conduct and complete the work as indicated hereinafter.
The work to be performed involves project management, and project formulation,
investigation, and preliminary engineering.
1. Observe the condition of the slide. Perform a visual observation of all areas of the slide
and its support structure. For areas that are deteriorated, the extent of the deterioration
will be quantified.
2. Determine the safe loading for the slide. The results of the observation will be used to
determine the strength of the various elements according to the International Building
Code. The fixed Toads (weight of the structure and water) that are being applied to the
various members will be determined. The live load (weight of the people) that can be
supported by the slide will be determined by subtracting the fixed loads from the
strength.
3. Prepare a report that will document the condition and strength of the slide and suggest
any maintenance that should be performed on the slide.
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Professional Services Agreement between
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410
EXHIBIT B
FRANKLIN POOL SLIDE EVALUATION
Professional Fees
Compensation for professional services will be on a time spent basis at the specific hourly rates
shown on Exhibit C, plus reimbursement for direct non -salary expenses.
The following spreadsheet, EXHIBIT B ATTACHMENT, shows the estimated time and expenses to
perform the Scope of Services outlined in EXHIBIT A for this FRANKLIN POOL SLIDE EVALUATION
work. The maximum amount of compensation to the ENGINEER for this work will be $5,172.00.
This maximum amount will not be exceeded without the written agreement of the CITY and the
ENGINEER.
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Professional Services Agreement between
the City of Yakima and Sargent Engineers
EXHIBIT C
SCHEDULE OF RATES
FOR
SARGENT ENGINEERS, INC.
Principal Engineer $144.00 per hour
Senior Engineer $116.00 per hour
Senior Project Engineer $107.00 per hour
Project Engineer $98.00 per hour
Design Engineer $76.00 per hour
Drafter II $80.00 per hour
Clerical $49.00 per hour
0
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Professional Services Agreement between
the City of Yakima and Sargent Engineers