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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. 0-rzc zeA.,,,ct 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. Page 1 of 4 (1s)agr/covell.pm 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 Page 2 of 4 (1s)agr/covell.pm 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. Page 3 of 4 (ls)agr/covell.pm 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 >, \ ; ' r( / By: By: ,J Dic Zais, City Manager Dennis E. Covell, P.E. ATTEST: City Clerk City Contract No. 95-23 Page 4 of 4 ( is)agr/covell. pm 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).