Loading...
HomeMy WebLinkAboutR-1995-013 Gray & OsborneRESOLUTION NO. R-95- 13 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a consultant agreement for Design Engineering Services with Gray & Osborne Inc., Consulting Engineers. WHEREAS, The City of Yakima contemplates the design of future improvements to Beech, Chalmers, Riverside and 18th Streets and WHEREAS, the City Council has determined that it is in the best interest of the City that the attached agreement document be executed by the City of Yakima, accordingly, 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 an agreement with Gray & Osborne Inc., for the purpose mentioned above, a copy of which agreement is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 24th day of January , 1995. Assistant Mayor ATTEST: CITY OF YAKIMA 18TH/BEECH STREET IMPROVEMENTS PROJECT CM CONTRACT NO. TABLE OF CONTENTS SECTION 1 - PROJECT TEAM, CAPABILITIES, AND EXPERIENCE Page 1 SECTION 2 - PROJECT ORGANIZATION Page 5 SECTION 3 - CONTRACT Page 8 SECTION 1 PROJECT TEAM, CAPABILITIES, AND EXPERIENCE PROJECT TEAM For this project, Gray & Osborne, Inc. of Yakima, Washington has teamed with its associates Conley Engineering, also of Yakima, and Sargent Engineers, Inc. of Olympia. We have worked with these associates variously over the past many years and have successfully worked on many similar projects. This team brings with it a strong technical background in roadway design, street lighting design, and structural analysis and design. Gray & Osborne, Inc. Gray & Osborne, Inc., a Washington based consulting engineering firm, was originally founded as G.D. Hall and Associates, and has provided consulting engineering services to local, state, and federal agencies in the State of Washington since 1935. Since that time the firm has grown to become one of the oldest and most experienced civil engineering firms in Washington. The firm has a combined staff of over 90 employees and maintains offices in Yakima and Seattle. Gray & Osborne is one of the largest locally -owned civil engineering firms in Yakima, with annual billings of over $1,000,000. The Yakima office is staffed by twenty-three technical and clerical support personnel with the ability to obtain resource assistance from our Seattle office. The firm's clients include cities, towns, counties, water and sewer districts, special utility districts, and state and federal agencies. Since its founding, a primary objective of the firm has been to develop and maintain a close working relationship with our clients and to provide personal, professional service on each project. This dedication to professionalism and prompt and personalized attention by a senior staff member for each of our clients is a distinguishing factor which characterizes Gray & Osborne. The success of this approach can be measured by the length of service to our clients, many of whom have retained Gray & Osborne for over 20 years, and some for nearly 60 years. The objective of Gray & Osborne, Inc. is to provide consulting services of high professional standards and technical competence. Each project is the responsibility of one of the firm's senior members and is carried out under his personal direction. Recognizing that most assignments are unique, a team is formed that utilizes the specialized knowledge and experience of staff personnel. Efforts of this team are augmented by services of outside consultants when special expertise is required. Gray & Osborne is supported by a physical facility that includes twenty-three in-house microcomputers and assorted software packages, including the AutoCAD system. These computer facilities are used to augment the technical skills of the professional and technical staff in pursuit and development of investigations, studies, and design. In addition, Gray & Osborne is also supported by reproduction equipment and equipment for sampling and testing materials such as water, sewage, soil, concrete, and asphalt. Page 1 Conley Engineering Conley Engineering is a small electrical engineering consultant, consisting of one professional Engineer, Patrick L. Conley, and a technical and clerical support staff of four, who has worked with Gray & Osborne on hundreds of projects for nearly twenty years. As a result of this long working relationship, Conley Engineering has become uniquely aware of Gray & Osborne's business philosophies and design approaches. They have participated with Gray & Osborne on numerous water, wastewater, and roadway projects, providing the design development for control, lighting, signalization, telemetry and communications. Conley Engineering is very familiar with all aspects of electrical system design. Sargent Engineering, Inc. Sargent Engineering, Inc. has been providing structural engineering services since 1951 and has worked with Gray & Osborne on several projects in past years. Sargent Engineering, Inc. has extensive experience in the analysis and inspection of existing and design of new roadway structures and provides services to WSDOT and several counties. Sargent Engineering is currently working on a project similar to this one for Snohomish County involving a new recreational underpass. Sargent Engineering, Inc. currently operates one office in Olympia, Washington with a total staff of 17 including three principals, three senior engineers, three project engineers, and support staff. PAST RECORD OF PERFORMANCE Members of our project team have established an excellent record of performance for completing projects and maintaining a large and growing number of satisfied clients. This section describes our performance with respect to quality of work, control of cost, ability to meet schedules, and budgets. Control of Cost To maintain accurate control of your project costs, Gray & Osborne will utilize an in- house computer to summarize and report bi-weekly job costs to the project engineers and managers allowing a comparison of the quantity of work to be completed and the amount of money remaining in the budget. This system has enabled our staff to consistently produce high-quality work within established budgets. In addition to control of project costs, Gray & Osborne has an excellent record of producing reasonable cost estimates for major construction projects. This cost estimating ability is particularly valuable in developing accurate costs for the planning of future facility retrofits and improvements. Page 2 Ability to Meet Schedules and Budgets Maintaining project schedules, deadlines, and budgets is as important to the engineer in terms of planning and managing his overall operations as it is to the client in order to eliminate unnecessary delays and resultant inflated costs. Our project team recognizes the need to accelerate the completion of the proposed design to obtain federal and state grants. We have built a reputation for consistently completing work on or ahead of predetermined schedules. Having completed many similar projects, we are knowledgeable in the management procedures necessary to complete the proposed project in a timely fashion. Ability to Work with Clients Gray & Osborne's clients include cities, towns, counties, water and sewer districts, special utility districts, and state and federal agencies. The primary objectives of the firm has been to develop and maintain close working relationships with our clients and to provide personal, professional service on each project. This dedication to professionalism, and prompt and personalized attention by a senior staff member for each of our clients, is a distinguishing factor which characterizes Gray & Osborne. the success of this approach can be measured by the length of service to our clients, many of whom have retained our firm for over twenty years. We make a concerted effort to get input from the client during all phases of a project. We feel that it is particularly important to obtain client involvement in the early stages of planning and design projects. We have always been very attentive to the concerns and suggestions of the facility operators. We recognize that the design engineer has much to learn from the operators who deal with problems associated with distribution on a daily basis. COST ESTIMATING Gray & Osborne has an excellent record of producing reasonable cost estimates for facilities development and program implementation. These services encompass all facets of development costs pertinent to projects designed or reviewed by Gray & Osborne. The type of estimates range from preliminary to detailed final engineer's estimates, including: ■ Cost analysis on location dependent costs, such as system development, equipment retrofits, pumping costs, earthwork, foundation engineering, and environmental mitigation measures. ® Cost analysis including capital costs, energy, O&M, space requirements, and other related considerations. ® Cost analysis for utilization in selecting optimum design criteria, such as sizes, standby equipment, or materials of construction. ® Cost analysis for use in future facility planning. Page 3 INSURANCES Gray & Osborne, Inc. carries the following insurances with the carriers and amounts shown: Professional liability - DPIC $1,000,000 aggregate including errors and omissions Workman's Compensation - State of Washington limits by state law. Certificates of insurance will be supplied upon request by the City. Page 4 SECTION 2 PROJECT ORGANIZATION PROJECT TEAM The project team proposed to complete the work covered by this proposal is presented in the figure on the following page. This team has been selected based on their experience and specialized technical expertise that in our opinion will satisfy all the requirements of the project. In addition, our proposed project team will have the complete resources and varied experience of the other company staff members available for support and consultation. The project team will be directed by our Principal -in -Charge and Project Manager. These individuals, along with our selected experienced engineers will be responsible for all the technical aspects of this project, along with the direction of field services and the data analysis. Resumes for the proposed team members are available upon request. Principal -in -Charge Mr. Maurice E. Block will serve as the Principal -in -Charge for our team. In this position, he will monitor the quality of the work performed, review the budget and schedule, and ensure the Project Manager has adequate resources to successfully complete the project. Mr. Block's qualifications include: • B.S. degree in Civil Engineering and Registered Civil Engineer. • Involved in the planning, design, and construction of over 100 miles of streets, roads, and highways in a variety of positions from Senior Staff Engineer to Project Manager. ■ Involved in the design and construction of ten major dams. ■ Strong background in construction materials and pavement design. Project Manager Mr. Michael J. Rohrich will be designated as Project Manager for our team and will be responsible for client liaison and overall direction and technical quality of the project. His background and qualifications include: a B.S. in Civil Engineering and Registered Civil Engineer • Project Manager for several roadway design and constructions throughout Eastern Washington, including Yakima County's 18th Street from Mead to Nob Hill Boulevard. Page 5 ■ Project Manager for two small hydro -electric generation facilities for the Farmers Irrigation District in Hood River, Oregon. e Project Manager for Yakima County's Buena Wastewater Treatment Facilities, including new collection system and treatment facility. ® Project Manager for major improvements to the City of Toppenish's wastewater collection system and treatment facility. Technical Support The project team will be staffed with personnel selected from both the Yakima and Seattle offices. Providing specialized technical assistance will be Conley Engineering and Sargent Engineering, Inc. Page 6 CITY OF YAKIMA PRINCIPAL -IN -CHARGE MAURICE E. BLOCK, P.E. PROJECT MANAGER MICHAEL J. ROHRICH, P.E. CONLEY ENGINEERING ILLUMINATION ANDY DEMPSEY, P.E. TANI STAFFORD, P.E. JULIO RENTERIA WILLIAM ARMFIELD, P.L.S. SARGENT ENGINEERING STRUCTURAL ANALYSIS/DESIGN SECTION 3 CONTRACT Page 8 PROPOSAL AND CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES 18TH/BEECH STREET IMPROVEMENTS CITY OF YAKIMA YAKIMA COUNTY, WASHINGTON JANUARY 1995 GRAY & OSBORNE, INC. CONSULTING ENGINEERS SEATTLE & YAKIMA CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES THIS Contract, entered into this 2 ``'day of t= r e, ...,.� s=t :. s- , 1995, between The CITY OF YAKIMA, GRANT COUNTY, Washington, hereinafter called the "City"; and GRAY & OSBORNE, INC., Consulting Engineers, Yakima, Washington, hereinafter called the "Engineer". WITNESSETH: WITNESSETH THAT, whereas, the City now finds that, from time to time, in the growth and development of the City, there will be the need for the engagement of professional engineering services. The purpose of this agreement is to define the services to be performed and method of payment for professional engineering services which may, from time to time, be authorized by the City. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 EMPLOYMENT OF THE ENGINEER The City, acting pursuant to its vested authority, does hereby engage the Engineer and the Engineer agrees to furnish the engineering services as requested by the Community in connection with the City's utility systems. The services contemplated are outlined in this Agreement and shall be undertaken upon request by the City to the Engineer, then only for the services so requested. The specific scope of work covered by this Agreement are engineering services for design of improvements to 18th/Beech Street as defined in Exhibit "A". ARTICLE 2 CHARACTER & EXTENT OF ENGINEERING SERVICES Upon written direction of the City to proceed, the Engineer is willing to provide engineering services more fully described as follows: J:\CONTRACTS\99941-11 .DOC 1 (AUG. 1995 VERSION) 1.0 DESIGN 1.1 DESIGN SURVEYS Schedule and conduct additional surveys to establish horizontal and vertical control as necessary for the proposed project. Establish right-of-way centerline, reference existing monumentation, property corners, and other miscellaneous right-of-way marks as may be desired. Acquire recorded documentation of plats, record surveys, and utility maps. Absent specific written direction to the contrary providing for verification, the Engineer shall be entitled to rely upon the completion and accuracy of such documentation. Survey control points will be physically set for site reference control. Cross sections and profile(s) will be provided as may be desired/required. Physical features including structures, valves, streets, fences, utility poles, signs, edges of pavement, ditches, fire hydrants, etc., will be noted for plotting. Property owners will be notified and permission obtained prior to surveying on private property. 1.2 ENGINEERING DESIGN Prepare complete plans, specifications and Contract documents for the construction of the proposed projects consistent with current and applicable State, County and City Standards. Plans and specifications review will be provided, as required by the City, at appropriate levels of design. A preliminary draft of the plans will be presented for the City's review at the approximate 35 % level of design. With this preliminary submittal, there will be furnished a preliminary construction cost estimate. Upon review by the City of these preliminary plans, the Engineer will then make such additions or changes as directed by the City, and proceed with the final design and editing of the plans and specifications. A final draft of the plans, specifications, Contract documents and cost estimates will be presented for review and comment at the approximate 90% level of design. A final construction cost estimate along with the final plans, specifications and Contract documents will be delivered to the City for review, prior to the City authorizing construction bid notices. J:\CONTRACTS\99941-11.DOC 2 (AUG. 1995 VERSION) 1.3 PROJECT MANAGEMENT Conduct, coordinate and schedule all project activities, maintain project records, provide financial, administrative and quality control, and prepare monthly progress reports as may be desired or required by the City 1.4 EASEMENTS/R-O-W Evaluate and provide a recommendation for projects utilizing private properties. Prepare right-of-way maps to assist the City in easement or site acquisition. Right-of- way maps shall include dimensioned property lines (existing and proposed), the area of "take" in square feet, parcel number and current legal owner, and proposed facilities. Legal easement documents, appraisals, easement negotiation and acquisition, recording of documents, together with condemnation procedures, should they be required, will be addressed as "Special Services". 2.0 SPECIAL SERVICES Special services may be required during the performance of the services contemplated within this Contract, which are outside the professional expertise of the staff of Gray & Osborne, Inc., such as soils investigations, test borings and analyses, reports and recommendations, groundwater analyses, environmental analyses, laboratory testing, and other special services. The City may employ the special professional expertise and pay the cost thereof, or, the City at its option, may direct the Engineer to employ the special expertise and pay the cost thereof. The information so secured shall be made available to the City and the Engineer for the use and development of the City's projects. ARTICLE 3 SCOPE OF OWNER SERVICES The OWNER will provide or perform the following: Provide full information as to the City's requirements for the Project. Assist the Engineer by placing at his disposal all available information pertinent to the site of the Project, including previous reports, drawings, plats, surveys, utility records, and any J:\CONTRACTS\99941-11.DOC 3 (AUG. 1995 VERSION) other data relative to the Project. Absent specific written direction to the contrary providing for verification, the Engineer shall be entitled to rely upon the completion and accuracy of such documents. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals, and other documents presented by the Engineer. ARTICLE 4 COMPENSATION It is mutually agreed that the City will compensate the Engineer for services furnished based on the cost reimbursement method. The total cost of the necessary services as defined in Exhibit "A" shall be determined as follows: (a) Cost Ceiling: The total amount of compensation for engineering services as described herein, and as further defined in Exhibit "A" including profit (fee), out-of-pocket expenses, direct labor costs, direct overhead and indirect overhead shall not exceed the amounts associated with the projects selected by the City as shown in Exhibit "A", without a formal amendment to this agreement. (b) Compensation Determination: The amount of compensation due the Engineer by the City for the services furnished under this Contract shall be determined as provided hereinafter. Such payment shall be full compensation for work performed. Payment for work accomplished is on the basis of the Engineer's actual cost plus a net fee. The actual cost includes direct salary cost, overhead and direct non -salary cost. 1. The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in work necessary to fulfill the terms of this agreement. 2. The overhead costs are determined as 134 percent (134%), of the direct salary cost. The overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments. The overhead costs of the Contract shall be updated annually. J.\CONTRACTS\99941-11.DOC 4 (AUG. 1995 VERSION) 3. The direct non -salary costs are those costs directly incurred in fulfilling the terms of this Agreement including, but not limited to travel, reproduction, supplies and fees for special professional services, of outside consultants. If the Engineer is directed to employ special, professional expertise, the City will be billed by the Engineer for the special service invoiced amount plus ten percent (10%) for administrative overhead. 4. The fee, which represents the Engineer's profit, shall be fifteen percent. The net fee will be pro -rated and paid monthly in proportion to the Engineer's monthly progress billings and approved by the City. Any portion of the net fee not previously paid in the monthly payments will be covered in the final payment. The net fee may not be exceeded except in the case of a Contract amendment which increases or decreases the scope of the work described herein. Payment of compensation shall be upon submittal to the City of a billing by the Engineer at approximate monthly intervals for services rendered during the preceding time period, plus a proportionate percentage of the fee amount stipulated above. The cost records and accounts pertaining to this Contract are to be kept available for inspection by representatives of the City for a period of three (3) years, after final payment. In the event any audit or inspection identifies any discrepancy in the financial records, the Engineer shall provide clarification and/or make adjustments accordingly. ARTICLE 5 ADDITIONAL WORK If during the performance of this contract, or subsequent to compensation of the work under this contract other or additional services than hereinbefore specified including but not limited to additions or revisions by the City or a change or addition to the adopted design are ordered in writing by the City, the ENGINEER agrees to provide the services and the City agrees to compensate the ENGINEER for the same at the same Compensation Determination described herein, to be determined at the time the additional services are ordered. The Engineer agrees not to proceed with the additional services until such time as the costs for the additional services have been approved by the City. J:\CONTRACTS\99941-11.DOC 5 (AUG. 1995 VERSION) ARTICLE 6 MAJOR REVISIONS If, after the design has been approved in writing by the City, and the Engineer has proceeded with a final design, and has performed work in processing same and the City authorizes new or substantially alters the design, the City will pay the Engineer a just and equitable compensation as determined by the City and the Engineer, or if an agreement cannot be reached within thirty (30) days, the equitable compensation shall be determined by arbitrators. ARTICLE 7 COST ESTIMATE The City is herewith advised that the Engineer has no control over the cost of labor, material, equipment, and including the contractors' and suppliers' methods of producing and delivering such goods and services; or over the methods and styles of competitive bidding or market conditions; and, accordingly, the Engineer's cost estimates are made and furnished on the basis of his experience and qualifications and represent only his best judgment as a design professional and within his familiarity with the construction industry, and, as such, the Engineer cannot and does not warrant, in any other manner or style, the accuracy of the cost estimates, nor that the estimates will or will not vary significantly with bids of construction costs realized by the client. ARTICLE 8 FACILITIES TO BE FURNISHED BY THE ENGINEER The Engineer shall furnish and maintain a central office, drafting space and equipment suitable and adequate for the prosecution of the work that is normal to the functioning of an established operating engineering practice. ARTICLE 9 OWNERSHIP OF PLANS All reports, designs, drawings and specifications prepared by the Engineer, as provided under this Contract shall be and do become the property of the City upon payment to the Engineer his compensation as set forth in this Contract. Reuse of any of the J: \CONTRACTS\99941-11. DOC 6 (AUG. 1995 VERSION) instruments of services of the Engineer by the City on extensions of this project or on any other project without the written permission of the Engineer shall be at the City's risk and the City agrees to defend, indemnify and hold harmless the Engineer from all claims, damages and expenses including attorney's fees arising out of such unauthorized reuse of the Engineer's instruments of service by the City or by others acting through the City. ARTICLE 10 CONTRACT VALIDITY If any provision of this Contract is held invalid, the remainder of this Contract shall not be affected thereby, if such remainder would then continue to conform to the terms and requirements of the applicable law. ARTICLE 11 MEDIATION All claims, disputes and other matters in question between City and ENGINEER shall, in the first instance, be subject to mediation. Either party may notify the other, by certified mail, of the existence of a claim or dispute. If such claim or dispute cannot promptly be resolved by the parties, the ENGINEER shall promptly contact the Judicial Arbitration and Mediation Service, Inc., or any other recognized mediation service agreed to by the parties, to arrange for the engagement and appointment of a mediator for the purpose of assisting the parties to amicably resolve the claim or dispute. The cost of the mediator shall be borne equally by the parties. The City and ENGINEER further agree to cooperate fully with the appointed mediator's attempt to resolve the claim or dispute, and also agree that litigation may not be commenced, by either party, for a period of ninety calendar days following the receipt by the other party of the written notice of claim or dispute. This mediation provision may be asserted by either party as grounds for staying such litigation. ARTICLE 12 ASSIGNABILITY The Engineer shall not assign nor transfer any interest in this Contract without the prior written consent of the City. J:\CONTRACTS\99941-11.DOC 7 (AUG. 1995 VERSION) ARTICLE 13 EQUAL EMPLOYMENT OPPORTUNITY The Engineer agrees that he will not discriminate against any employee or applicant for employment because of race, religion, color, sex, age or national origin. ARTICLE 14 COVENANT AGAINST CONTINGENT FEES The Engineer warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fees, excepting bona fide employees. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability or in its discretion to deduct from the Contract price or consideration or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. ARTICLE 15 INDEMNITY AGREEMENT The Engineer shall hold the City harmless from, and shall indemnify the City against, any and all claims, demands, actions or liabilities caused by or occurring by reason of any negligent act or omission of the Engineer, its agents, employees or subcontractors, arising out of or in connection with the performance of this Contract. The Engineer shall be required to indemnify the City in those cases where damages have been caused by the concurrent negligence of the City and Engineer, its agents, employees or subcontractors. In those cases, the liability of the Engineer for indemnifications shall be limited to that portion of the damages caused by the negligence of the Engineer, its agents, employees or subcontractors. The Engineer has no duty to indemnify the City where damages were caused by the sole negligence of the City. J:\CONTRACTS\99941-11.DOC 8 (AUG. 1995 VERSION) ARTICLE 16 INSURANCE A. Public Liability The Engineer shall provide evidence of comprehensive Public Liability and Property Damage Insurance which includes but is not limited to, operations of the Engineer, commercial general liability, and blanket limited contractual liability with limits of not less than: COMPREHENSIVE GENERAL LIABILITY Bodily Injury: Property Damage: AUTOMOBILE LIABILITY Bodily Injury: Property Damage: $1,000,000 each person $1,000,000 each occurrence $1,000,000 aggregate $1.000,000 each occurrence $1,000,000 each aggregate $1,000,000 each person $1,000,000 each occurrence $1,000,000 single limit The City shall be named as an additional insured as respects this Contract. In conjunction therewith, the Engineer shall furnish a certificate of such insurance to the City at the time of execution of this Contract. B. Professional Liability The Engineer shall provide Professional Errors and Omissions Liability Insurance which shall provide coverage for any negligent professional acts, errors or omissions for which the Engineer is legally responsible, with limits of not less than: PROFESSIONAL ERRORS AND OMISSIONS LIABILITY J: \CONTRACTS\99941-11. DOC $1,000,000 each occurrence $1,000,000 aggregate 9 (AUG 1995 VERSION) The Engineer shall furnish a certificate of such insurance to the City at the time of execution of this Contract. ARTICLE 17 STATUS OF ENGINEER The Engineer is an independent contractor operating for its own account, and is in no way and to no extent an employee or agent of the City. The Engineer shall have the sole judgment of the means, mode or manner of the actual performance of this Contract. The Engineer, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing this Contract. ARTICLE 18 CHOICE OF LAW/JURISDICTION/VENUE This Contract shall be governed as to validity, interpretation, construction and effect, and in all other respects, by the laws of the State of Washington. Jurisdiction of any suit or action arising out of or in connection with this Contract shall be in the State of Washington, and the venue thereof be in the same County as the City. ARTICLE 19 NOTICES In every case where, under any of the provisions of this Contract or in the opinion of either the City or the Engineer or otherwise, it shall or may become necessary or desirable to make, give, or serve any declaration, demand, or notice of any kind or character or for any purpose whatsoever, the same shall be in writing, and it shall be sufficient to either (1) deliver the same or a copy thereof in person to the City Administrator, if given by the Engineer, or to the President or Secretary of the Engineer personally, if given by the City; or (2) mail the same or a copy thereof by registered or certified mail, postage prepaid, addressed to the other party at such address as may have theretofore been designated in writing by such party, by notice served in the manner herein provided, and until some other address shall have been so designated, the address of the City for the purpose of mailing such notices shall be as follows: J:\CONTRACTS\99941-11.DOC 10 (AUG. 1995 VERSION) City of Yakima City Hall 129 N. 2nd Street Yakima, Washington 98901 and the address of the Engineer shall be as follows: GRAY & OSBORNE, INC. 107 South Third Street Yakima, Washington 98901 ARTICLE 20 ATTORNEY'S FEES The parties agree that in the event a civil action is instituted by either party to enforce any of the terms and conditions of this Contract, or to obtain damages or other redress for any breach hereof, the prevailing party shall be entitled to recover from the other party, in addition to its other remedies, its reasonable attorney's fees in such suit or action and upon any appeal therefrom. J.\CONTRACTS\99941-11. DOC 11 (AUG. 1995 VERSION) IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day and year written below. CONSULTANT Principal Gray & Osborne, Inc. .'�By ATTEST: ,y J:\CONTRACTS\99941-11.DOC R. A. Zais, Jr. City Manager ATTEST: 12 (AUG. 1995 VERSION) EXHIBIT A 18th /BEECH STREET IMPROVEMENTS I. SCOPE OF WORK The Scope of work covered by this Contract for Professional Engineering Services includes the preparation of plans and specifications for improvements to the City of Yakima's 18th/Beech Street roadway. The project is broken into one (1) basic project with up to five (5) additional projects which are additive to the basic project at the City's request. The description of and specific tasks to be included in each of these sub -projects is detailed below. A. BASIC ACCESS ROAD DESIGN This project will include the engineering services for design of a new roadway from Tenth Street (Fair Avenue) to the "Y" at Terrace Heights Drive following Beech, Chalmers, Riverside, and South 18th Street. The design will utilize the existing I-82 underpass and will generally follow the existing alignment. Intersections will be designed to provide increased radius for truck turning movements. Pedestrian and/or bike paths shall utilize sidewalks or a pathway adjacent to the new roadway at the direction of the City. The existing I-82 underpass will be utilized for combined roadway and pedestrian/bike usage to the extent possible. The design work will include: 1. Project Design • New roadway with curb/gutter, sidewalks and/or adjacent pathway (where possible and as directed) • Street Lighting • Storm Drainage • Relocation of existing Lift Station at N.W. corner of Beech/Chalmers 2. Preparation of Plans and Specifications 3. Preparation of Cost Estimates 4. Plans & Specifications submittals at 35% and 90% levels 5. Preparation of R/W Plans utilizing survey work from previous study. J:\CONTRACT\99941-11 1 B. ADDITIONAL DESIGN FOR COLLECTOR/ARTERIAL ROAD This alternative project includes additional engineering services involved with the design of a collector or arterial road as illustrated in the previous study and labeled Alternates 2 or 3. The project consists of the design of one (1) or two (2) roadway curves at the Chalmers/Riverside and Riverside/18th Street intersections at the City's direction to provide a more through traffic pattern. C. ADDITIONAL DESIGN FOR NEW COMBINED I-82 UNDERPASS AT BEECH This alternate project includes additional engineering services to design a new replacement underpass at I-82Beech to provide increased clearances for future roadways greater than two (2) lanes in width and/or for including an adjacent pedestrian/bike pathway. The project consists of the additional engineering to design a new structure including all coordination with WSDOT, and traffic control/bypass plans. D. ADDITIONAL DESIGN FOR NEW SEPARATE 10'X10' PEDESTRIAN/BIKE UNDERPASS AT BEECH This alternative project includes the additional engineering services to design a new 10'X10' underpass structure adjacent to the existing I-82Beech underpass for pedestrian/bike usage. The work will include design of a new structure, coordination with WSDOT, and design of pathway interties east and west to the remainder of the project. E. ADDITIONAL DESIGN FOR NEW SEPARATE 10'X10' PEDESTRIAN/BIKE UNDERPASS AT MAPLE This alternative project includes the additional engineering services to design a new 10'X10' I-82 underpass structure for pedestrian/bike usage at Maple The work includes design of a new structure, coordination with WSDOT, pathways west to 10th Street (Fair Avenue) along south edge of Kiwanis Park and East along Maple to Chalmers, and design of structure drainage and lighting facilities. F. ADDITIONAL DESIGN FOR NEW SEPARATE 10'X10' PEDESTRIAN/BIKE UNDERPASS AT SPRUCE This alternative project includes the additional engineering services to design a new 10'X10' I-82 underpass structure for pedestrian/bike usage at Spruce. The work includes J:\CONTRACT\99941-11 2 design of a new structure, coordination with WSDOT, pathways west to 10th Street (Fair Avenue) and easterly to new roadway and sidewalk facilities at Chestnut, and design of structure drainage and lighting facilities. II. ENGINEERING FEES The maximum contract amounts for the various projects as previously discussed are as follows: PROJECT A. Basic Access Road Design $105,100 B. Additional Design for Collector/Arterial Road $17,500 C. Additional Design for New Combined I-82 Underpass at Beech $127,700 D. Additional Design for New Separate 10'X10' Pedestrian/Bike Underpass at Beech $90,600 E. Additional Design for New Separate 10'X10' Pedestrian/Bike Underpass at Maple $125,700 F Additional Design for New Separate 10'X10' Pedestrian/Bike Underpass at Spruce $128,400 The total maximum amount of this contract shall be the summation of the amounts shown for Project A - Basic plus any alternate project the City selects. J:\ CONTRACT\ 99941-11 3 -4 Gray Bz Osborne, Inc. CONSULTING ENGINEERS February 22, 1995 Mr. Fred French City Engineer City of Yakima Public Works Department City Hall 129 North Second Street Yakima, WA 98901 REFERENCE: YAKIMA, WASHINGTON 18th Street/Beech Street Design G&O No. 99941.11 Dear Fred: Enclosed please find one (1) fully executed copy of the contract between the City and Gray & Osborne covering the above -referenced project. As per your letter to us, we understand that the contract scope includes only the "Basic Road Design" which has a maximum allowable contract amount of $105,100. We have reviewed our committed work load for the next several months and per your request offer the following proposed project schedule: Task Timing Design "Kick -Off" Meeting Within 7 days of receiving "Notice to Proceed". 35% Level Submittal: Horizontal layout Centerline profile Storm Drainage layout Lift Station Relocation Within sixty (60) days of kick-off meeting. 107 South 3rd Street Yakima, Washington 98901 (509) 453-4833 Fax (509) 453-5953 Mr. Fred French Page 2 February 15, 1995 90% Level Submittal: All Project Features Specifications Cost Estimate Final Design Submittal Draft Right -of -Way Plans Final Right -of -Way Plans Within sixty (60) days of City's approval of 35 % level submittal Within thirty (30) days of City's approval of 90 percent level submittal. Within ten (10) days of City's approval of Final Design Submittal. Within seven (7) days of City's approval of Draft Right -of -Way Plans. We hope that this information is useful and meets your needs. Please feel free to contact us if you should have any questions. Yours very truly, GRAY & OSBORNE, INC. MICHAEL J. ROHRICH, P. E. MJR:jh enc. cc: Tony Vivolo w/enc. Andy Dempsey File BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of 1/24/95 ITEM TITLE: 18th Street / Chalmers Street, Consultant Agreement SUBMITTED BY: Dept. of Engineering and Utilities, Engineering Division ��BB CONTACT I`i xON/TELEPHONE: Dennis E. Covell, P.E., Director 575.6111 .`•.c• SUMMARY EXPLANATION: Background The City of Yakima has received the proposal, from Gray & Osborne, Consulting Engineers, for Design Engineering Services for 18th Street / Chalmers Street. The Council has previously approved professional services for this project. The proposal consists of a base design and five additional options. Should the Council choose to proceed with the design, staff recommends executing the contract pursuing only the "Basic Access Road Design" of the project area at this time. Continued Resolution X Ordinance __ Contract Other (Specify) Location Map. Agreement Funding Source Arterial Street Fund APPROVED FOR SUBMITTAL: City Manager FUNDING: Presently there is $250,000 in the 1/2 cent gas tax fund (142) for participation in potential bond issue projects in the 1995 budget. A portion of this money can be redirected to fund the design and right of way plan for the 18th Street / Chalmers project. Total estimated project construction cost is currently anticipated to be between $2 million and $4 million. STAFF RECOMMENDATION: A resolution is attached authorizing the City Manager to execute the attached agreement with Gray & Osborne, Consulting Engineers for the "Basic Access Road Design". BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: • • The base design starts on Beech Street at Tenth Street (Fair Avenue), goes east to Chalmers Street (through the existing I.82 underpass), north to Riverside Street, east to 18th Street, north to the "Y" south of Terrace Heights Drive. The design will include: Complete plans and specifications, right of way plan, and cost estimates for new roadway with curb/gutter, sidewalks, street lighting and storm drainage. The estimate presented to Council at the November 1, 1994 meeting was estimated to be between $75,000 and $125,000. Base Cost: $105,100 Additional design, beyond the scope of the base proposal above, and associated costs are as follows: B. Additional engineering services for designing the roadway to Collector or Arterial status as illustrated in the previous study. Add Cost: $17,500 C. Additional engineering services for design to replace the underpass at I.82/Beech for increased clearances for future roadways greater than two (2) lanes in width and/or for including and adjacent pedestrian/bike pathway. Add Cost: $127,700 D. Additional engineering services for a new 10' x 10' pedestrian/bike underpass at Beech Street Add Cost: $90,600 E. Additional engineering services for a new 10' x 10' pedestrian/bike underpass at Maple Street. Add Cost: $125,700 F. Additional engineering services for a new 10' x 10' pedestrian/bike underpass at Spruce Street Add Cost: $128,400 1 i PITCHER ST _1 E CHESTNUT ST .1 E SPRUCE ST cc N __, TERRACE HTS RP V7 N X n \:,,, KIWANIS \`' PARK E MAPLE ST WALMART \\. RN E BEECH SUPE ASPtE 1 0 o S 12TH ST N s - V) muiC CEN77PAL - PROJECT STUDY AREA-