HomeMy WebLinkAboutR-1994-141 City Hall water distribution•
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RESOLUTION NO. R-94 - \IA\
A RESOLUTION authorizing the City Manager and the City Clerk of the City of
Yakima to execute an Amendment to a 1994 Professional
Services Agreement between the City of Yakima and Meier
Associates, Inc., P.S., for additional engineering and design
services for the renovation of the City Hall water distribution
system.
WHEREAS, the water distribution system of the Yakima City Hall is in a state
of disrepair, and
WHEREAS, the City of Yakima does not have staffing levels or specialized
expertise necessary to provide design documents and engineering services for
necessary improvements to said water distribution system; and
WHEREAS, on May 10, 1994, by Resolution No. R-94-56 the Yakima City
Council authorized the execution of an agreement with Meier Associates, Inc., P.S.
for engineering design services for the renovation of the City Hall water
distribution system; and
WHEREAS, the City desires to amend the scope of services and consideration
in the said existing agreement with Meier Associates in order to obtain additional
engineering design and construction services concerning the replacement of the
existing City Hall steam boiler with three new high efficiency hot water boilers;
remodeling of the second and fourth floor restrooms in City Hall to bring them
into compliance with requirements of the American with Disabilities Act; and for
the replacement of the water cooled air conditioner in the City Hall computer
room with a non -water cooled unit; and
WHEREAS, Meier Associates has the expertise necessary and is willing to
provide said additional engineering and design services for renovation of the City
Hall water distribution system in accordance with the existing Agreement and the
attached Amendment; and
WHEREAS, the cost for said additional design and engineering services shall
not exceed $8,920.00; and
WHEREAS, the City Council has determined that it is in the best interest of
the City to contract with Meier Associates for additional engineering design and
construction services for the renovation of the City Hall water distribution system
in accordance with the terms of the attached Amendment; now, therefore,
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk are hereby authorized and directed to
execute the attached and incorporated Amendment to Professional Services
Agreement with Meier Associates, Inc., P.S., for the purpose of obtaining
additional engineering design and construction services for the renovation of the
City Hall water distribution system.
ADOPTED BY THE CITY COUNCIL this \S day of \ e�---e-Y , 1994
ATTR. Mayor
City Clerk
(dw)res/meier assoc.pm
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AMENDMENT TO 1994 PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF YAKIMA AND MEIER ASSOCIATES, INC., P.S.
This Amendment is made and entered into by and between the City of Yakima
(hereinafter "City") and Meier Associates, Inc., P.S., (hereinafter "Engineer").
WHEREAS, the City and Engineer entered into an Agreement entitled
Professional Services Agreement between City of Yakima and Meier Associates, Inc.,
P.S., on or about May 10, 1994; and
WHEREAS, the City and Engineer desire to amend the scope of professional
services and consideration in the aforementioned Agreement in order to obtain
additional engineering design and construction services concerning the
replacement of the existing steam boiler in City Hall with three new high efficiency
hot water boilers; remodeling of the second and fourth floor restrooms in City Hall to
bring them into compliance with requirements of the American with Disabilities Act;
and for replacement of the water cooled air conditioner in the City Hall computer
room with a non -water cooled unit.
NOW, THEREFORE, the City and Engineer amend said Agreement as follows:
1. Additional Professional Services.
A. Additional Conceptual Design Services. Engineer will meet with City to
determine the site conditions and requirements of the existing boiler system; to
determine the site conditions and requirements for the second and forth floor
restroom remodels/additions; and to investigate the requirements of the cooling unit
for the computer center. Engineer will then provide a report of the existing
conditions and system limitations of all these areas with recommendations and
construction costs necessary to upgrade the boiler system; to remodel the second and
fourth floor restrooms to bring them into compliance with requirements of the
American with Disabilities Act; and to replace the water cooled air conditioner in the
computer room with a non -water cooled unit.
B. Additional Final Design Services. Engineer will provide construction
drawings for the following:
• To remove the existing City Hall steam boiler system and install new
modular high -efficiency hot water boiler system.
• For addition of a fourth floor restroom and complete remodel of the
second floor main restroom in City Hall.
• For additional plumbing fixture replacement in City Hall pursuant to
directions received at a September 22, 1994 project review meeting.
• For the installation of a new direct expansion water cooled computer
room cooling unit for the City Hall computer center.
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Engineer will also add to the plumbing renovation construction specifications
and provide all documents necessary for the construction bidding of such additional
plumbing work.
C. Construction Engineering. The construction engineering services will
remain as stated in said Agreement. However, the amount of engineering time
necessary during construction can vary considerably due to the difficulty of the
project and the possibility of unknown obstructions that may be encountered.
2. Additional Consideration. In consideration of the Engineer's
performance of engineering design and construction services stated in this
Amendment to said Agreement, the City agrees to pay Engineer a total sum not to
exceed Eight Thousand, Nine Hundred and Twenty Dollars ($8,920.00) plus all
applicable taxes, except as set forth in Section 8 of said Agreement. Payment shall be
broken down as follows:
A. The engineering fee for the conception and final design services as
outlined above is Seven Thousand, Fours Hundred and Twenty Dollars ($7,420.00).
B. The additional engineering fee for the construction engineering
services is estimated at approximately Fifteen Hundred Dollars ($1,500.00).
Payment is expressly conditioned upon Engineer providing satisfactory services to
the City and corresponding documentation evidencing and describing said completed
services to the City Community and Economic Development Director.
3. Agreement Shall Remain in Full Force and Effect. Except as amended herein,
all other provisions of said Agreement shall remain in full force and effect.
CITY OF YAKIMA MEIER ASSOCIATES, INC., P.S.
City Manager BY:
ITS:
DATE: 0-0 ,, , ,� 1 V) 19 i 4,
1
Attest:
City Clerk
STATE OF WASHINGTON)
ss.
DATE: 0 of 6, i 99'1
CCr .V�7 .
9"L -1-
9q -1S -ii
County of Zarfry� )
I certify that I know or have satisfactory evidence that 1/6- ' .3111040 -
is
11040 -
is the person who appeared before me, and said person acknowledged that he/she
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signed this instrument, on oath stated that he/she was authorized to execute the
instrument and acknowledge it as the VieE PRESw®E)JT of Meier Associates,
Inc., P.S., to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
DATED: 12/04
NOTARY PUBLIC in d fo be State of
Ns Washington, residin: at
My commission expires: 96
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PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF YAKIMA
AND
MEIER ASSOCIATES, INC., P.S.
THIS AGREEMENT is made and entered into this 19tday of May
1994, by and between the City of Yakima, hereinafter referred to as the "City,"
and Meier Associates, Inc., P.S., hereinafter referred to as "Engineer."
WHEREAS, the water distribution system of the Yakima City Hall is in a
state of disrepair; and
WHEREAS, the City desires to contract with an engineering firm for
professional services to provide design documents and engineering services for
necessary improvements to said water distribution system; and
WHEREAS, City staff have evaluated proposals in compliance with RCW
Chapter 39.80 from professional engineering firms for engineering design
services for said water distribution system; and
WHEREAS, Engineer has the expertise and qualifications necessary to
develop and provide engineer design services for said water distribution system,
and agrees to perform such work and services for the City under the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises,
and agreements set forth herein, it is agreed by and between the City and the
Engineer as follows:
1. Scope of Professional Services.
A. Conception Design. Engineer will meet with City to determine site
conditions at the existing water distribution system. Engineer will then provide
a survey report of the existing conditions and system limitations with
recommendations and estimated construction costs to correct the deficiencies.
Engineer will then meet with City to review the survey report and determine a
course of action to proceed with the water distribution renovation design.
Engineer will review the selected alternatives and resubmit the engineering cost
estimate for the renovation work.
B. Final Design. Engineer will provide construction drawings
including new CAD backgrounds of the City Hall facility to implement the
selected course of action for the water distribution system renovation.
Engineer will also provide construction specifications and all documents
necessary for the bidding of the project.
C. Construction Engineering. Engineer will assist the City with the
bidding process. Engineer will provide on-site construction engineering
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services on an as needed basis to perform inspections or to resolve
construction changes or problems during the project period. Engineer will also
provide as built (records) drawings of the project at completion.
2. Changes.
The City, without invalidating this Agreement, may order changes within
the general scope of the services required by this Agreement by altering, adding
to and/or deducting from the services to be performed. If any changes under
this clause cause an increase or decrease in the Engineer's cost of, or the time
required for, the performance of any part of the work under this Agreement, an
equitable adjustment shall be made by mutual agreement and the Agreement
modified in writing accordingly; provided, however, that additional engineering
services resulting from errors in or clarifications necessary to the original
engineering design prepared by Engineer shall be done by Engineer at no cost
to the City. All such changes in the services shall be in writing prior to
performance, shall be performed subject to the provisions of this Agreement.,
and shall be incorporated herein as exhibits.
3. Ownership of Documents.
Reports and all relevant data such as maps, diagrams, plans, designs,
statistics, specifications, and other supporting records and drawings compiled
or prepared in the course of performance of this Agreement by Engineer shall
by the property of the City.
4. Consideration.
Except as stated in Section 2, Changes, and in consideration of the
Engineer's performance of all terms and conditions of the Agreement, the City
agrees to pay Engineer a total sum not to exceed Thirteen Thousand 'Pwo
Hundred Fifty Dollars ($13,250.00) plus all applicable taxes, except as set forth
in Section 9. Payment shall be broke:n down as follows:
A. The engineering fee for the conception design work/services a.s;
outlined above is Two Thousand Two Hundred Fifty Dollars
($2,250.00).
B. The engineering fee for the final design work/services as outlined
above is estimated at approximately Eight Thousand Dollars
($8,000.00). This cost could be lower depending on the results of
the conception design work/services and the availability of CAD
background drawings.
C. The engineering fee for the construction engineering work/services
is estimated at approximately Three Thousand Dollars ($3,000.00)0
Payment shall be made in three (3) installments. A payment of Two Thousand
Two Hundred Fifty Dollars ($2,250.00) shall be made to Engineer at the time
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the conceptional design work/services as outlined above is completed. A
second payment of approximately Eight Thousand Dollars ($8,000.00) shall be
made to Engineer at the time the final design engineering work/services is
completed. A third payment of approximately Three Thousand Dollars
($3,000.00) shall be made to Engineer at the time the construction engineering
work/services is completed as outlined above. All payments are expressly
conditioned upon Engineer providing satisfactory work/services to the City and
corresponding documentation evidencing, describing said completed work and
services to the City Community and Economic Development Director.
5. Period of Performance.
Engineer shall commence work immediately upon the execution of this
Agreement or as scheduled by mutual agreement by the City and Engineer.
Engineer shall complete all services and work required by this Agreement and
shall make whatever time investments are necessary for the completion of said
services on or by
6. Independent Contractor.
Engineer and the City understand and expressly agree that Engineer is
an independent contractor, and none of Engineer's employees shall be
considered an employee of the City. Engineer and Engineer's employees shall
make no claim of City employment or claim any related employment benefits
from the City, including but not limited to, medical benefits, social security,
and retirement. Engineer has no authority to nor shall Engineer represent that
it has authorization to bind the City in any manner.
7. No Conflict of Interest.
Engineer represents that it or its employees do not have any interest and
shall not hereafter acquire any interest, direct or indirect, which would conflict
in any manner or degree with the performance of this Agreement. Engineer
further covenants that it will not hire anyone or any entity having such a
conflict of interest during the performance of this Agreement.
8. Taxes and Assessments.
Engineer shall be solely responsible for compensating its employees and
for paying all related taxes, deductions, and assessments, including but not
limited to, federal income tax, FICA, social security tax, assessments for
unemployment and industrial injury, and any other deductions from income
which may be required by law or assessed against either party as a result of
this Agreement. In the event the City is assessed such a tax or assessment as
a result of this Agreement, Engineer shall pay the same before it becomes due.
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9. Discrimination.
Engineer shall not discriminate against any employee or applicant on the
grounds of race, creed, color, religion, national origin, sex, marital status, age,
or the presence of any sensory, mental, or physical handicap. Such action
shall include but not be limited to: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and programs for training including
apprenticeships.
10. Standards of Performance.
In performing the services, Engineer shall exercise due care and diligence
in accordance with the standards customarily provided by an experienced and
competent professional rendering the same or similar services, and shall
comply with all applicable laws, regulations, and other requirements of any
governmental authority having jurisdiction.
11. No Insurance.
It is understood the City does not maintain liability insurance for
Engineer and its employees.
12. Hold Harmless.
Engineer shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from and against all claims, causes of action, damages,
losses, and expenses of any kind or nature whatsoever, including but not
limited to, attorney's fees and court costs, arising out of, relating to, or
resulting from Engineer's performance of this Agreement.
13. Assignment.
This Agreement, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part by Engineer to any other person 15r
entity without the prior written consent of the City. In the event that such
prior written consent to an assignment is granted, then the assignee shall
assume all duties, obligations, and liabilities of Engineer as stated herein.
14. Termination.
The City may terminate this Agreement with or without cause, lby giving
Engineer ten (10) days written notice of termination. If the Agreement is so
terminated, the City shall pay Engineer such portion of the coritradt
compensation allocable to the services performed prior to the termination date.
0
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15. Interpretation.
This Agreement, together with the exhibits attached hereto, constitutes
the entire agreement between the parties. No changes or additions to this
Agreement shall be valid or binding upon either party unless such change or
addition be in writing and executed by both parties.
16. Severability.
If any portion of this Agreement is changed per mutual agreement or any
portion is held invalid, the remainder of this Agreement shall remain in full
force and effect.
17. Non -Waiver.
Any failure by either party to enforce performance by the other party of
any provision of this Agreement or exercise any rights or remedies hereunder,
shall not constitute a waiver of such provision, right or remedy.
18. Notices.
Unless stated otherwise, all notices and demands shall be in writing and
sent to the parties to their addresses as follows:
TO CITY:
TO CONSULTANT:
Community & Economic Development Director
City Hall
129 North 2nd Street
Yakima, WA 98901
Meier Associates, Inc., P.S.
1350 Grandridge Blvd. Suite 101A
Kennewick, WA 99336
or to such addresses as the parties may hereafter designate in writing. Notices
and/or demands shall be sent by registered or certified mail, postage prepaid.
Such notices shall be deemed effective when mailed or hand delivered at the
addresses specified above.
19. Governing Law.
This Agreement and the exhibits hereto shall be governed and construed
in accordance with the laws of the State of Washington.
20. Attorney's Fees.
In the event that any suit or action is instituted by either party to enforce
the compliance with or interpret any of the terms, covenants, or conditions of
this Agreement, the prevailing party shall be entitled to collect, in addition to
necessary court costs, such sums as the court may adjudge as reasonable
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(1s,agr mese: asscc.pm
attorney's fees. The venue for any action to enforce or interpret this Agreement
shall lie in the Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA MEIER ASSOCIATES, INC.. P.S.
ATTEST:
City Cielk
C{TY CONIRAZT WO. t )
State of Washington ' )
:ss.
County of Ylii iii BENTON)
I certify that I know or have satisfactory evidence that Steve J. Strecker 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 Vice Pres. of Meier
Associates, Inc., P.S., to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
DATED: 5/19/94
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NOTARY PUBLIin acid for the
State of Washington, residing at
Pasco
My commission expires: 4/4/96
RESOLUTION NO. R-94- 56
A RESOLUTION authorizing the City Manager and City Clerk of the City of
Yakima to execute a Professional Services Agreement Between
the City of Yakima and Meier Associates, Inc., P.S., for
engineering design services for the renovation of the City
Hall water distribution system.
WHEREAS, the water distribution system of the Yakima City Hall is in a state
of disrepair; and
WHEREAS, the City of Yakima does not have staffing levels or specialized
expertise necessary to provide design documents and engineering services for
necessary improvements to said water distribution system; and
WHEREAS, the City desires to contract with an engineering firm for
professional services to provide design documents and engineering services for
necessary improvements to said water distribution system; and
WHEREAS, City staff have evaluated proposals in compliance with RCW
Chapter 39.80 from professional engineering firms for engineering design
services for said water distribution system; and
WHEREAS, Meier Associates, Inc., P.S. has the expertise and qualifications
necessary to develop and provide the engineering design services for renovation
of the City Hall water distribution system, and it is in the best interest of the City
to contract with Meier Associates, Inc., P.S. to utilize their expertise and
qualifications according to the terms and conditions of the attached agreement,
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized and directed to
execute the attached and incorporated Professional Services Agreement with
Meier Associates, Inc., P.S. for the purpose of obtaining engineering design
services for the renovation of the City Hall water distribution system.
ADOPTED BY THE CITY COUNCIL this lathday of May , 1994.
ATTEST: Mayor
City Clerk
(1s1res'meier assoc pm
RESOLUTION NO. R-93-
141
A RESOLUTION authorizing the execution of the 1994 Geriatric Footcare
Agreement with Yakima County.
WHEREAS, the City of Yakima and the County of Yakima have previously
cooperated in providing the delivery of geriatric preventative footcare services
in accordance with federal and state regulations; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to enter into the attached Geriatric Footcare Agreement, 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 1994 Geriatric Footcare Agreement.
ADOPTED BY THE CITY COUNCIL this2lst day of DerPmhPr , 1993.
ATTEST:
,1s)res/Footcare rF
Ar. -6_&,&„c._ r►-.
City Clerk
Mayor