HomeMy WebLinkAboutR-1995-030 Dennis E. CovellRESOLUTION NO. R-95- 30
A RESOLUTION authorizing execution of an Agreement for Professional
Engineering Services with Dennis E. Covell.
WHEREAS, the City of Yakima desires to obtain professional engineering
services for performing the duties of Project Manager for the Yakima I-82
Gateway Project (Phase I); and
WHEREAS, the City Council deems it to be in the best interest of the
citizens of the City of Yakima to enter into an agreement with Dennis E. Covell
to provide such services, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and
directed to execute that attached "Agreement for Professional Engineering
Services" with Dennis E. Covell.
ADOPTED BY THE CITY COUNCIL this 28thday of February , 1995.
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ATTEST: Mayor
City Clerk
( la)roe /coven rp
AGREEMENT
FOR
PROFESSIONAL ENGINEERING SERVICES
THIS AGREEMENT is made and entered into this 1st day of March ,
1995, by and between the City of Yakima, a municipal corporation, herein
referred to as the "City," and Dennis E. Covell, P.E., an individual, herein
referred to as "Engineer."
WHEREAS, the City of Yakima desires to engage Dennis E. Covell, P.E. to
perform professional engineering services on an independent contractor basis
as Project Manager for the Yakima I-82 Gateway Project (Phase I); and
WHEREAS, Dennis E. Covell, P.E. has the experience and expertise
necessary to provide said independent contractor services, has done so in the
past, has extensive experience with the Yakima I-82 Gateway Project (Phase I),
and is willing to continue to provide such services as Project Manager in
accordance with the terms and conditions of 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
Engineer as follows:
1. Services. The Engineer shall perform, to the best of his ability, services
for the City relating to the customary duties for the position of Project Manager
for the Yakima I-82 Gateway Project (Phase I). Said services for the project are
to include, but are not limited to, design, right-of-way acquisition, financial
analysis, contract award analysis, and environmental issues. The Engineer
understands that such duties are diverse and are not fully set forth in this
Agreement, but include such work as:
a. Manage progress of the Yakima I-82 Gateway Project (Phase I) now
underway by the City.
b. Prepare reports to the City Manager and City Engineer as required
or requested for the Yakima I-82 Gateway Project (Phase I).
c. Coordinate the Yakima I-82 Gateway Project (Phase I) activities
with the project consultant, CH2M-Hill, and other local project partners
(Yakima County, WDOT, Gary Lukehart) .
2. Responsibilities of City. The City will:
1. Provide full information as to the requirements for this project.
2. Make readily available all information pertinent to the duties under
Section 1.
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3. Provide suitable office space, telephone, and support facilities,
including typing and miscellaneous supply items.
3. Term. The term of this Agreement shall commence on March 1, 1995
and shall terminate on April 30, 1996; provided, however, that the City
Manager shall have the option, at his discretion, to renegotiate this Agreement
for an additional one (1) year period under the same terms and conditions
contained herein. The provisions of this Section 3 and the compensation for
the Engineer's services provided elsewhere in this Agreement have been agreed
to in anticipation of an orderly and continuous service of the Engineer. The
Engineer understands the obligation to render service hereunder to provide
project management for the Yakima I-82 Gateway Project (Phase I). Such
services are anticipated to vary as to the need for daily full-time attention from
the execution of this Agreement through the current scheduled ad and award
for contract 1C of Phase I of the Yakima I-82 Gateway Project. Contract 1C is
currently scheduled for award by the Washington State Department of
Transportation on or before February 15, 1996.
4. Consideration. The City shall pay the Engineer for services rendered at
the rate of Fifty Eight Dollars and Fifty Cents ($58.50) per hour, which amount
includes all compensation for time, services, overhead costs, and expenses
incurred pursuant to this Agreement, except as otherwise provided below. In
addition to the Fifty Eight Dollar and Fifty Cents ($58.50) per hour
compensation, the City shall reimburse the Engineer for the actual and
reasonable costs incurred by the Engineer for out-of-town transportation and
subsistence to the extent required and authorized by the Yakima City Manager.
Engineer shall submit to the City monthly invoices itemizing all hours worked
by date, together with all transportation and subsistence costs incurred for
out-of-town travel, if any. Upon receipt of said monthly invoice, the City shall
make payment to Engineer within thirty (30) calendar days. The Engineer shall
maintain adequate receipts and time records to substantiate all amounts
itemized on the monthly invoices. Notwithstanding any provision in this
Agreement to the contrary, the total amount of compensation to be paid to
Engineer shall not exceed Twenty Nine Thousand Two Hundred Fifty Dollars
($29,250.00) based upon five hundred (500) hours at the rate of Fifty Eight
Dollars and Fifty Cents ($58.50) per hour plus out-of-town travel expenses
required and authorized by the City.
5. Status of Engineer. Engineer and the City understand and expressly
agree that Engineer is an independent contractor in the performance of each
and every part of this Agreement. Engineer and its employees shall make no
claim of City employment nor shall claim against the City any related
employment benefits, social security, and/or retirement.
6. 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 other
deductions from income which may be required by law or assessed against
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either party as a result of this Agreement. In the event the City is assessed a
tax or assessment as a result of this Agreement, Engineer shall pay the same
before it becomes due.
7. Discrimination. During the performance of this Agreement, Engineer
shall not discriminate on the basis of race, color, sex, religion, national origin,
creed, marital status, political affiliation, or the presence of any sensory,
mental or physical handicap.
8. Compliance With Law. Engineer agrees to perform those services under
and pursuant to this Agreement in full compliance with any and all applicable
laws, rules, and regulations adopted or promulgated by any governmental
agency or regulatory body, whether federal, state, local, or otherwise.
9. No Insurance. It is understood the City does not maintain liability
insurance for Engineer and/or its employees.
10. Indemnification. The City shall protect, indemnify, and save the
Engineer harmless from and against any damage, cost, or liability arising from
the acts of the Engineer acting in good faith insofar as the work and obligations
performed under this Agreement are concerned, except for allegations of
intentional torts or gross negligence by the Engineer.
11. Delegation of Professional Services. The services provided for herein
shall be performed by Engineer, and no person other than regular associates or
employees of Engineer shall be engaged upon such work or services except
upon written approval of the City.
12. 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 or 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 stated
herein.
13. Termination. This Agreement may be terminated by either party at any
time after first having given ten (10) days written notice in the event of
substantial failure to perform in accordance with the terms hereof by the other
party by no fault of the terminating party. In addition, the City may terminate
this Agreement, with or without cause, by giving Engineer sixty (60) days
written notice of termination.
14. Confidentiality. The Engineer agrees to maintain total confidentiality as
regards to information discerned from access to City records. Such information
shall be held in strict confidence in accordance with the standards of Conduct
of the Engineering Profession.
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15. Severability. If any portion of this Agreement is changed per mutual
agreement or any portion is held invalid, the remainder of the Agreement shall
remain in full force and effect.
16. Integration. This written document constitutes the entire agreement
between the City and Engineer. 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.
17. Notices. Unless stated otherwise herein, all notices and demands shall
be in writing and sent to the parties to their addresses as follows:
TO CITY:
TO CONSULTANT:
City Manager
City Hall
129 North 2nd Street
Yakima, WA 98901
Dennis E. Covell, P.E.
4805 Castleview Drive
Yakima, WA 98908-4004
or to such other 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.
18. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
19. 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 attorney's fees.
20. Venue. The venue for any action to enforce or interpret this Agreement
shall lie in the Superior Court of Washington for Yakima County, Washington.
CITY YAKI DENNIS E. COVELL, P.E. 7
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/
By: By: ,J
Dic Zais, City Manager Dennis E. Covell, P.E.
ATTEST:
City Clerk
City Contract No. 95-23
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /
For Meeting Of 2-28-95
ITEM TITLE: Proposed Reorganization of the Department of Engineering and Utilities and
Resolution Authorizing Personal Services Contract with Dennis Covell
SUBMITTED BY: Dick Zais, City Manager
CONTACT PERSON: Dick Zais, City Manager, 575-6040
SUMMARY/EXPLANATION:
Attached is the proposed reorganization plan pertaining to the Department of Engineering
and Utilities and a Resolution authorizing a Personal Services Contract retaining Dennis
Covell for the remainder of 1995 to continue 1-82 Project management.
Resolution X Ordinance Contract Other (Specify) Staff Report
Funding Source
APPROVAL FOR SUBMITTAL:(--,\\,
City Manager
STAFF RECOMMENDATION: Staff recommends that the City Council approve the proposed
reorganization of the Department of Engineering and Utilities and direct that implementing
legislation be prepared. It is further requested that Council approve the attached resolution
authorizing a Personal Services Contract with Dennis Covell for 1-82 Project management
services.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
MEMORANDUM
February 24, 1995
TO: Mayor and Members of the City Council
FROM: Dick Zais, City Manager Zt
SUBJECT: Proposed Reorganization of the Department of Engineering and
Utilities
BACKGROUND AND OBJECTIVES
The retirement of Denny Covell as Director of Engineering and Utilities presents an
opportunity to consider a realignment of the City's administrative structure. For the past
several months, City management has evaluated several possible managerial changes.
The central objectives of the reorganization plan have included:
to manage leaner and achieve a long-term reduction in administrative
overhead costs
to improve service delivery to the public and strengthen intemal operations
and efficiency
to improve coordination and communications between related City
functions
to reduce City Management's span of control and delegate responsibility to
other capable managers who can assume additional duties
to maintain continuity for special project assignments
to provide increased technical staff support and assistance within existing
resources
to more closely manage and monitor utility water resource issues and
facility improvements from the Manager's office
to better coordinate and integrate the development plan review process
between Engineering, Codes and Planning functions
City Manager/Eng. Reorg.
March 1, 1995
Page 1
PROPOSAL
In an effort to achieve the above objectives, it its proposed that the Department of
Engineering and Utilities functions be restructured and absorbed by other City
departments as follows:
1. The Director of Engineering and Utilities position would be abolished. The
City Manager's office, under the direct supervision of the Assistant City
Manager, would be assigned responsibility for the Water and Wastewater
Divisions -- a total operating budget responsibility of nearly $12 million with
93 full-time equivalent employees. (An increase in compensation is
proposed for assuming these added duties.)
2. The Director of Community and Economic Development would assume
supervision of the Engineering Division -- an operating budget
responsibility of $900,000 and significant capital projects equaling several
million dollars, together with 13 full-time equivalent employees. (An
increase in compensation is also proposed for these added duties.)
3. A Senior Project Engineer is proposed to support preparation of grants,
plan specifications and project documents, together with providing
transportation analysis on development proposals.
In order to complete existing specialized work for the 1-82 Project, it is proposed that
Dennis Covell be retained on a personal contract basis for the balance of 1995. His
assistance is necessary to maintain continuity of project management for the 1-82
Project during upcoming critical phases and:
to assure that funding partners joint goals are pursued
to continue oversight of CH2M Hill design contract
to continue coordination with funding agencies and exploration of
additional funding (State, Federal, City, County and private parties)
In addition, existing staff workload is fully maximized with other duties and they are riot
as familiar with 1-82 Project management. It is also significantly less costly to retain an
experienced Senior Project Engineer than to secure additional consultant assistance
from CH2M Hill. Finally, all consultant expenses are chargeable to the 1-82 Project.
FINANCIAL ANALYSIS
In 1995 the proposed reorganization would result in a net savings of approximately
$2,750 in annualized costs. In 1996, after the Covell contract is concluded, the City
would realize an annual savings of approximately $32,000 in administrative costs. The
City Manager/Eng. Reorg.
March 1, 1995
Page 2
following table represents the estimated costs and savings for the reorganization
proposal over the next two years:
Proposed Reorganization
1995 1996 (Constant $)
Delete Director of Engineering & ($90,000) ($90,000)
Utilities Annual Salary & Benefits
Additional Senior Project Engineer 48,000 48,000
(estimated annual salary & benefits)
Project Supervision 1-82 Project 29,250 -0-
(estimated maximum hours of 500
at an hourly rate of $58.50)
Community Development Director 4,000 4,000
5% Pay Adjustment Proposed (for
added duties)1
Assistant City Manager 7% Pay 6.000 6.000
Adjustment Proposed
(for added duties)2
Net Change 1995 - 1996
(2,750) (32,000)
CONCLUSION AND RECOMMENDATION
The proposed reorganization would be implemented for an indefinite period. These
proposals were made after lengthy discussions with affected City staff. The
restructuring meets the objectives to streamline City administration, improve services to
the public, enhance technical staff support and reduce administrative costs for the
future.
Based upon the above, Council approval of the proposed reorganization is requested.
No additional funding is required for these changes. However, formal legislation would
need to be enacted to revise the City organization structure in the Municipal Code and
make amendments in the pay plan. Also, a professional services contract with Denny
Covell needs to be authorized.
1
2
This can be done within the existing pay range for the position.
This would require an adjustment in the pay range set by ordinance. No compression problem
would result since this position is presently compensated at 18.5% Tess than the City Manager's
position.
City Manager/Eng. Reorg.
March 1, 1995
Page 3
MEMORANDUM
DATE: January 31,1995
rftI1.
Glenn
Ric Assistant City Manager
FROM: Glenn J. Valenzuel
Director
SUBJECT: Senior Engineer
/ Pin' OF YA iri • '4 j
FES 131
If DFFIC 9gs,
ctry MAS
�alGER
Per your request the following represents the primary duties of the
Senior Engineer position.
The new position will serve two primary functions. The first will be
to develop public improvement projects. This will include the
preparation of grant proposals, presentations to Council and funding
sources, supervision of the preparation of plans, specifications,
estimates, and related project documents.
The second area will be to relieve the transportation analysis
pressures related to growth. It is apparent that the major issue
surrosurrounding pian -;'g applications is the imparts of traffic. in the
unding 11J li rl14 b MlJ�/ dYaavaaV � �
neighborhoods and on City arterials. This position will review
development proposals for impacts and assist the applicant in
addressing those issues that may require mitigation. This process will
assist in the expediting of applications.
Other duties will be to assess the needs of water, sewer, storm
drainage, and street systems; recommend improvements; utility
system additions, and master plan changes; prepare the City's six
year TIP ;, including applications for state, federal and other funding
sources; coordinate city project planning with improvements
installed by the private sector.
][t is anticipated that the successful candidate for the position will be
hired at the C step. Even at this level total cost of the position with
benefits will come in at $ 47,349 . This expense will meet the City
Manager's expressed budget constraints. Please note that the
recruitment efforts and interview process will also provide the City
with salary savings for a period of approximately four months.
I have attached for your review and use the complete job description
as discussed with the City Manager, City Engineer, you and me.
Senior Engineer
Pay Code 377 ($2813.15 -- $3379.94)
DEFINITION:
Under administrative direction from the City Engineer. Develops public improvement projects for
funding, design and construction. Supervises the preparation of plans, specifications, estimates,
and related project documents for public projects. Perform variety of professional traffic
engineering and planning duties. Performs related work as required.
DUTIES:
1. Develops transportation, public works and utilities system projects.
2. Coordinates project planning and preparation with other engineering units or departments.
3. Assesses needs of water, sewer, storm drainage and street systems.
4. Prepares the six year TIP for the city, including applications for state, federal and other funding.
5. Reviews development proposals for transportation issues.
6. Recommends design of improvements and utility system additions and master plan changes.
7. Supervises the preparation of plans specifications and estimates for various public projects.
8. Reviews environmental impact analyses and statements for city projects and submittals for
development proposals.
9. Compiles and presents information for hearings and reports.
10. Provides information to the public on projects and public system characteristics.
11. Works with other agencies, utilities, contractors and developers on public system characteristics.
12. Acts for the City Engineer as delegated.
MAJOR WORK CHARACTERISTICS:
Knowledge of: Civil engineering principles and methods. Design techniques and standards.
Principals and practices of traffic engineering and administration. Operational characteristics, services
andmodern transportation systems. Principals prie+ti!' of street and roadway design
activities of littlLL�.l tt transportation J�/Vi Kia6vaa Principals and Ys .. street ..+_.. ...+...+••+, �...•..=a-••
Recent developments, current literature and sources of information regarding civil and traffic
engineering. Construction methods and materials.
Ability to: Recommend and implement goals, objectives and practices for providing effective and
efficient transportation and engineering services. Interpret and apply Federal, State and local policies,
procedures, laws and regulations. Administer and design transportation and utility improvements.
Prepare technical reports; Assign and supervise the work of professional and technical staff.
WORKING CONDITIONS:
Work is typically performed in a normal City/office environment.
LICENSES, REGISTRATION OR CERTIFICATE:
Licensed as a Professional Engineer in the state of Washington or eight years relevant experience,
Current Washington State Drivers License.
MINIMUM CLASS REQUIREMENTS:
Any combination of education and experience equivalent to a bachelors degree in engineering or a
related field and four years of civil engineering experience (eight years total).