HomeMy WebLinkAboutR-1995-149 Gray and Osborne, Inc.•
•
RESOLUTION NO. R-95- 149
A RESOLUTION authorizing execution of a contract for engineering services with Gray
and Osbome, Inc.
WHEREAS, the City of Yakima has need for consulting engineering services to
develop the plans and specifications necessary to upgrade the electrical and certain
structural components of the Kiwanis and Airport Well; and
WHEREAS, the City does not possess adequate in-house engineering staff to
perform the necessary work involved in the development of plans and specifications; and
WHEREAS, the City.of Yakima has complied with the provisions of RCW 39 80
which concems the procurement of engineering and architectural services by a city; and
WHEREAS, the City Council deems it to be in the best interest of the City to
contract with Gray and Osbome, Inc., for the engineering services necessary to design
and produce the construction plans and specifications for the upgrade of the electrical and
certain structural components of the Kiwanis and Airport Wells now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA.
The City Manager, City Clerk, and the Assistant City Manager are hereby
authorized and directed to execute the attached and incorporated "Agreement' together
with its attachments, including Task Orders 1 and 2.
ADOPTED BY THE CITY COUNCIL this /-t-4 day of 2 Z -e yn-ALJ, 1995
ATTEST
_>.d9
City Clerk
QC1-1-
Mayor
AGREEMENT
This Agreement, made and entered into this day of , 1995-, by and
between the City of Yakima, Washington, hereinafter called the "CITY", and Gray & Osborne, Inc.,
Consulting Engineers, hereinafter called "ENGINEER", is for the provision by the Engineer to the
City, professional services in support of City's Pump Control System Upgrades for the Airport and
Kiwanis Wells.
In consideration of the covenants and agreements contained herein, and the terms and conditions
hereof, the parties agree as follows:
the Engineer shall provide services to develop the conceptual design recommendations,
preparation of contract drawings and specifications, and limited construction engineering
support, said services and completed documents shall be provided separately for each of
the Kiwanis and Airport wells.
1. SERVICES Engineer shall provide the City, professional consulting engineering services
through a series of task orders as provided in Section 2, below. The professional services to which
the parties may agree by task orders may include, but are not limited to those listed in Exhibit A,
attached hereto and by this reference incorporated herein.
2. TASK ORDERS Prior to commencement of any services, the City and Engineer shall
mutually agree upon and execute a task order for the specified services. The task order shall
describe the services to be provided, the time for performance of the service, the provisions for fees
for the services, and any provisions additional to this agreement. Execution of this Agreement and
Task Order No., 1 by the City and the Engineer authorizes the Engineer to proceed with the services
described in Task Order No., 1. Execution of each subsequent task order shall incorporate each
subsequent task order into this agreement. The execution of this agreement does not obligate either
of the parties hereto to provide or accept any services unless and until the parties have mutually
agreed upon and executed a specific task order for such services.
3. TIME PERIOD FOR PERFORMANCE OF SERVICES The Engineer shall commence such
services as are described on executed task orders in accordance with the time schedule set forth
therein, and shall proceed with the provision of such services in a diligent manner. The Engineer
shall not be responsible for delays caused by factors beyond the Engineer's control or which could
not reasonably have been foreseen by the parties at the time the task order was executed. The
anticipated schedule for the project is shown as Exhibit B.
4. PAYMENT TO ENGINEER
A. Fees for Services. For each specified task order executed by the parties, the payment to be
made to the Engineer for services performed shall be either (1) a fixed fee amount, or (2) pay
the Engineer utilizing the hourly rate and expense schedule, "Fee Schedule", attached hereto
as Exhibit C and by this reference incorporated herein. Said fee Schedule is subject to
revision by the Engineer not sooner than one year after the execution of this agreement, and
no more that once each year thereafter. Under the fee schedule method, the parties shall
agree on an amount which represents the maximum fee to which Engineer shall be entitled
under that task order. That amount shall represent the best estimate of the parties of the
maximum cost of the Engineer's services specified in that task order. In the event the cost
of services will exceed that estimate, the Engineer shall advise the City in advance, and in
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writing of such excess costs and shall provide no services in excess of the original estimated
costs, without written approval of the City.
B. Estimated Fees. The estimated fees for anticipated task orders are shown in Exhibit A.
C. Renegotiation of Fees. The Engineer reserves the right to renegotiate the fee or estimate of
fee specified in any task order if the scope of services as specified in the task order is
modified by the City or by others or by conditions beyond the control of the parties hereto,
whereupon additional expenses shall be incurred by the Engineer. The City and the Engineer
shall agree to such a change in fee and services in writing prior to the Engineer's provision
of such modified or changed services.
D. Time of Payments. Engineer shall periodically submit invoices for the un -billed portion of the
services completed to that date. City agrees to pay the invoiced amounts within 30 days from
the date of receipt of the invoice.
E. Payment in the Event of Termination. In the event of termination of this Agreement, Engineer
shall be compensated for services performed under this Agreement to the date of termination
in accordance with the terms above.
F. Permits and Advertising. City shall pay all regulatory permitting and advertising fees and all
other project fees normally paid by the City for public works projects.
5. STANDARD OF PERFORMANCE Engineer shall perform his services in accordance with
generally accepted engineering and consulting standards and shall be responsible for the technical
soundness and accuracy of all work and services furnished pursuant to this Agreement.
6. TERMINATION Either party may terminate this Agreement at any time upon 30 days written
notice to the other party.
7. OPINIONS OF COST Engineer has no control over the cost of labor, materials, equipment,
or services provided by parties other than Engineer and its subcontractors. Engineer has no control
over contractor's methods of determining prices, or other competitive bidding conditions or market
conditions, and its opinions of probable project or construction costs are to be made on the basis
of its experience with the construction industry. However, Engineer cannot and does not guarantee
that proposals, bids, or actual project or construction costs will not vary from the opinions of probable
costs prepared by the Engineer.
8. CONSTRUCTION AND SAFETY Engineer shall not be responsible for the means, methods,
techniques, sequences, or procedures of construction selected by contractors or the safety
precautions and programs and programs incident to the work of contractors.
9. OWNERSHIP OF DOCUMENTS The originals of all documents, including drawings and
specifications, prepared by the Engineer shall remain the property of the Engineer. The Engineer
shall provide the City with reproducible and/or non -reproducible copies of the documents, drawings,
and specifications, and other work products as specified in each task order. It may further be
required that the engineer provided additional copies on computer media of all documents, drawings,
and specifications, and other work products as specified in each task order. Such documents,
drawings, and specifications are not intended or represented by the Engineer to be suitable for reuse
by the City or others on extensions of the services provided for the intended project or on any other
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project. Any reuse without the written verification or adaptation by the Engineer will be at the City's
sole risk and without liability or exposure to the Engineer, and the City shall indemnify and hold
harmless the Engineer from all loses, claims, damages, and expenses, including attorney's fees
arising out of or resulting therefrom. Any such verifications or adaptations by the Engineer will entitle
the Engineer to further compensation at rates agreed to by the parties.
Engineer shall provide a reproducible copy of the final record drawings showing the construction
project measurements when authorized to do so by task order.
10. DESIGN INTENT Engineer shall prepare design documents, drawings, and specifications
with the understanding that he may be observing the quality and progress of resulting construction,
for compliance with the intent design, and furthermore that such observation of any construction will
be compensated by the City at the rates agreed upon by the parties hereto.
11. INDEMNITY The Engineer shall defend, indemnify, and hold harmless City from any and all
claims or liabilities, including attorneys fees, arising out of Engineer's negligent performance of this
Agreement.
Engineer shall comply with all federal government, state and local laws and ordinances
applicable to the work to be performed under this Agreement.
Prior to beginning work under this Agreement, Engineer shall provide "Certificates of
Insurance" as evidence that policies providing the following coverage and limits of insurance
are in full force and effect.
A. General Comprehensive Liability
With respect to liability for injuries to or death of persons and with respect to liability
for destruction of or damages to property, the insurance coverage shall be $500,000
combined single limit and such coverage shall include the special provisions listed
below:
1. The City, its officers, employees, and agents shall be named as an additional
insured and the coverage shall be applicable to and protect the City, its officers,
employees, and agents from liability arising from or relating to Engineer's activities
relating to this Agreement. Such insurance shall be primary and other insurance
maintained or carried by the City shall be separate and distinct and shall nor be
contributing with the insurance listed hereunder.
2. Such insurance shall not include explosion, collapse, or underground
exclusions commonly referred to as the "XCU" hazards.
B. Automobile Comprehensive Liability
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With respect to liability for injury to or death of persons and with respect to liability for
destruction of or damage to property, the City, its officers, employees, and agents
shall be named insured and the insurance coverage shall be $500,000 combined
single limit. Such insurance shall be primary and other insurance maintained or
carried by the City shall be separate and distinct and shall not be contributing with the
insurance listed hereunder.
iii
Failure of either or all of the named insured to report a claim under such insurance shall not
prejudice the rights of the City, its officers, employees, and agents thereunder. The City, its officers,
employees, and agents will have no obligation for the payment of premiums because of its being
named as insured under such insurance.
Prior to beginning work for property acquisition, development of contract plans and specifications,
and construction management, the Engineer or its subcontractors shall provide evidence of errors
and omissions coverage for a minimum of $250,000.
City shall defend, indemnify and hold Engineer harmless from all claims or liabilities, including
attorney's fees, arising out of City's negligent acts.
12. ATTORNEY'S FEES In the event suit or legal action is instituted to enforce any of the terms
or conditions of this Agreement, venue shall be in Superior Court for Yakima County. The losing
party shall pay to the prevailing party, in addition to the costs and disbursements allowed by statute,
such sum as the court may judge reasonable as attorney's fees in such suit or action, in both trial
and appellate courts.
13. ADDITIONAL SERVICES At the City's option and direction, Engineer shall provide additional
engineering, observation, and/or planning services as authorized by mutually agreed task orders.
14. INDEPENDENT CONTRACTOR The parties intend that Consultant at all times be an
independent contractor and not an employee of the City, and shall not be entitled to compensation
or benefit of any kind except as specifically provided for herein.
15. GOVERNING LAWS This Agreement is governed by the laws of the State of Washington.
16. COMPLETE AGREEMENT
This agreement and referenced attachments contains the complete and integrated understanding
and agreement between the parties and supersedes any understanding, agreement or negotiation
whether oral or written not set forth herein. Amendments, changes, or modifications hereto shall not
be valid unless in writing and duly executed by both parties.
17. NO THIRD PARTY BENEFICIARIES OTHER THAN THE STATE OF WASHINGTON The
agreement gives no rights to anyone other than the City , Engineer, and the State of Washington,
and has no other third -party beneficiaries.
18. ASSIGNMENT Neither party to this Agreement shall assign the Agreement, nor any interest
arising herein, without the written consent of the other. The Engineer, with the City's consent, shall
be authorized to employ or subcontract with any other party or entity it deems necessary for the
performance of any of the services to be provided by the Engineer pursuant to the terms of this
Agreement.
19. SEVERABILITY OF AGREEMENT In the event any of the terms or clauses of this
Agreement is held to be illegal or unenforceable by any court or arbitrator, the remaining clauses and
terms shall continue in full force and effect and shall be enforceable.
20. MINORITY- AND WOMAN -OWNED BUSINESS; CITY -SPECIFIED SUBCONTRACTORS
Engineer will comply with the City's directives in utilizing the services of City -specified subcontractors
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and/or minority and women -owned businesses on the Project. The firm selected by Engineer to meet
said directives will be subject to approval by the City.
Engineer's liability arising from the work of said subcontractors or businesses is limited to proceeds
available from their insurance.
Gray & Osborne, Inc , • nsultant CITY`OF YAKIMA
By:`ar By: `°,~1`.�\'``°,-_
Anthony R. Vivolo, P.E. Richard A. Zais, Jr.
City Manager
WITNESSES: ATTEST:
_'c�
Karen S. Roberts
City Clerk
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511110
igg
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EXHIBIT A
TASK ORDER(S) & ESTIMATED FEES
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Task Order No 1: Kiwanis Well Upgrade
1. Modifications to existing well house structure, and additional equipment needed to
accommodate relocation of chlorine feed system to existing spare room, including:
• New Chlorine leak detector
• New Exhaust fan
• Chlorine cylinder rack, to accommodate one cylinder
• Relocate chlorine injector pump
2. Replacement and relocation of the motor control and electrical service/distribution
equipment. The new equipment will be relocated to the old chlorine room after relocation of
the chlorine equipment as described above.
3. Replacement of service, feeder, and motor branch circuits and the instrumentation circuits.
4. Replace the existing relay system with a pump start sequence utilizing the existing PLC and
modify the telemetry/control system to permit manual remote control with local pump and
control logic.
5. Provide new flow meter, low building temperature alarm and well water level indicator.
6. Rebuild and/or replace existing pump control and waste valves.
7. Replace existing lighting fixtures, outlets, electrical space heaters, and ventilation fans.
These systems shall include provisions to permit full operation remotely, including during the
winter months and shall include heaters and insulation for the valve area.
8. Additional operation and maintenance improvements including:
•
•
•
Painting of building exterior
Renovation of valve pit access to include handrails and safety equipment
ladders
Addition of emergency eyewash and shower facilities
9. Removal of the existing right-angle drive.
Task Order No. 1: Authorization to Proceed.
City of Yakima
By: Oren -6 Rice, Assistant City Manager bate
Engineer
I� 17,1 (q5
By: Tom Colman, P.E. Date
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Task Order No 2: Airport Well Upgrade
1. Modifications to existing well house structure, and additional equipment needed to
accommodate relocation of chlorine feed system to existing spare room, including:
• New Chlorine leak detector
• New Exhaust fan
• Chlorine cylinder rack, to accommodate one cylinder
• Relocate chlorine injector pump
2. Replacement and relocation of the motor control and electrical service/distribution
equipment. The new equipment will be relocated to the old chlorine room after relocation of
the chlorine equipment as described above.
3. Replacement of service, feeder, and motor branch circuits and the instrumentation circuits.
4. Replace the existing relay system with a pump start sequence utilizing the existing PLC and
modify the telemetry/control system to permit manual remote control with local pump and
control logic.
5. Provide new flow meter, low building temperature alarm and well water level indicator.
6. Rebuild and/or replace existing pump control and waste valves.
7. Replace existing lighting fixtures, outlets, electrical space heaters, and ventilation fans.
These systems shall include provisions to permit full operation remotely, including during the
winter months and shall include heaters and insulation for the valve area.
8. Additional operation and maintenance improvements including:
•
•
•
Painting of building exterior
Renovation of valve pit access to include handrails and safety equipment
ladders
Addition of emergency eyewash and shower facilities
In addition there is the need to evaluate the existing primary electrical distribution system linked to
the well, and to identify potential costs of bringing the system into compliance with current codes or
obtain a separate direct service from Pacific Power. Evaluation to be accomplished concurrently with
the design of the power upgrade for the well house.
Task Order No. 2: Authorization to Proceed.
City of Yakima
By: Glenn Rice, Assistant City Manager Date
Engineer
By: Tom Colman, P.E. Date
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ESTIMATED MAXIMUM FEES FOR TASK ORutRS
Task
1. KIWANIS WELL UPGRADE
2. AIRPORT WELL UPGRADE
Estimated Costs
$12,100.00
15,000.00
Total of All Tasks $27,100.00
The fees listed above, are "estimated" and are the best estimates of the parties at the time this
agreement was executed. The fees to be paid the Engineer are dependent upon actual time
required to accomplish each task. For this reason, the estimates listed above are subject to change
and should only be used for general planning purposes. However, the maximum estimated cost per
task, and the total maximum will not be exceeded without prior written approval of the City.
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EXHIBIT B
PROPOSED SCHEDULE -- Tasks #1 & #2
(Supplied by Engineer at time of execution of this Agreement)
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10/13/95 13:39 '$509 453 5953 GRAY & OSBORNE
CITY OF YAKIMA
Kiwanis and Airport Well Improvements
Task Order No. 1 - Kiwanis Well Schedule
C j 002
TASK
TASK DESCRIPTION
SCHEDULED
COMPLETION
1
Initial Meeting and Information Collection
1.1
Meeting with City staff to discuss project requirements
10/30/95
1.2
Obtain existing drawings and equipment data
11/6/95
7 3
Field verify existing conditions, dimensions, conduit
locations and wire sizes
11/20/95
2
Design Development
2 .1
Prepare mechanical and electrical plan view drawings of
the existing well house
11/27/95
2 2
Modifications required to accomodate relocation of the
chlorine feed system to the spare room
12/4!95
2 3
Rebuild and/or replace existing pump and waste control
valves
12/11/95
2 4
0 & M improvements including painting, pit access,
handrails and safety equipment
12/11/95
2 5
Replace and relocate the motor control and electrical
service/distribution equipment
12/11/95
2'6
Replace service, feeder, motor branch circuits and
instrumentation circuits
12!11 /95
2 7
Replace existing pump control relay system using the
existing PLC
12/17!95
2 8
Modify the telemetry/control system to permit manual
remote control of the pump
12/18/95
2 9
New flowmeter, low building temperature alarm, and
well water level indicator
12/18/95
2 10
Replace existing lighting fixtures, outlets, space
heaters, and ventilation fans
12/18/95
3
Prepare Contract Drawings
3.1
Chlorine feed system modifications
12/29/95
3.2
Pump control and waste valves and 0 & M
improvements
12/29/95
Page 1 of 2
10/13/95 13:40 111509 453 5953 GRAY & OSBORNE
Task Order No. 1 - Kiwanis Well Schedule
Z003
TASK
TASK DESCRIPTION
SCHEDULED
COMPLETION
3.3
Electrical plan drawing - New service equipment and
motor controls
12/29/95
3.4
Electrical plan drawing - Lighting, heating and
ventilation systems improvements
12/29/95
3.5
Wiring diagrams - one -line diagrams and pump control
circuits
1/8/96
6
Wiring diagrams - instrumentation and telemetry3.
systems
1/8/96
4
Contract Specifications
4.1
General
1/15/96
4.2
Mechanical equipment and piping
1/15/96
4.3
Electrical
1/15/96
5
Design Review Meetings
1/19/96
Page 2 of 2
EXHIBIT C
FEE SCHEDULE
Fees for services shall estimated based on the rate schedule set forth below. Rates shown
include salary costs, overhead costs, profit. All rates shown are on a per hour basis.
**
Labor
Project Manager
Electrical Engineer
Senior Design Engineer
Engineer - EIT *
CAD Drafting *
Engineering Tech *
Clerical Staff*
Expenses
Reimbursable Expenses **
Task No 1
Task No. 2
76.42
75.00
67.28
43.06
37.67
Estimated average hourly rate for this employee category. Where individual wage
rates vary from the average hourly rate listed above, the actual amount charged will
be the employee's actual wage rate times 0 , which amount shall include salary
costs, overhead cost and profit. Any employee category not listed will also be
charged at their respective wage rate times 0 .
Reimbursable expenses include travel expenses if required, computer-aided
drafting equipment costs, expenses of additional insurance, including professional
liability insurance, required by the City in excess of that normally carried by
Engineer and Engineer's subcontractors, and other costs necessary to complete the
project, but not list herein.
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CITY OF YAKIMA
Kiwanis and Airport Well Improvements
SCOPE OF WORK AND BUDGET ESTIMATES (Hours)
TASK ORDER NO.1 - KIWANIS WELL
TASK
TASK DESCRIPTION
RATE (per hour)
PROJ
MGR
PROJ
ENG.
ENGR
EIT
ELEC
ENGR
DRAFT
TOTALS
$76.42
$67.28
$43.06
$75.00
$37.67
1
Unit/ay Meeting and Information Collection
1.1
Meeting with City staff to discuss project requirements
2
2
$302.85
1.2
Obtain existing drawings and equipment data
2
2
1
$295.66
1.3
Field verify existing conditions,dimensions, conduit
'
locations and vvinmsizes
2
2
4
$520.66
2
Design Development
2.1
Prepare momchenicm|and m|eothca|p|enviavvdnavvingsof
the existing vveUhouse
2
2
2
8
$738.79
2'2
Modifications required to accomodate relocation ofthm
chlorine feed system to the spare room1
2
4
�3�3.�O
2.3
Rebuild and/or replace existing pump and waste control
valves
1
4
2
1
$506.64
2 4
'
0 & M improvements including painting, pitaoomns,
handrails and safety mquiprnant
4
4
$441.32
2'5
Replace and relocate the motor control and electrical
mervino/dimtributionaquipnnent
2
16
$1,2G�.11
2.6
Replace servicefeeder,motorbrennhcir�uitmond
instrumentation circuits
2
12
$1,052.85
2.�
Rmp|mce existing pump control relay system using the
existing PLC'
2
8
$752.85
2.8
Modify the telemetry/control m�mtmm to permit manual
remote control of the pump'
2
8
$752.85
age 1 of 2
2.9
New flowmeter, low building temperature alarm, and
well water level indicator
2
4
2
2
$658.06
2.10
Replace existing lighting fixtures, outlets, space
heaters, and ventilation fans
2
2
8
$820.66
3
Prepare Contract Drawings
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,-
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3.1
Chlorine feed system modifications
1
2
8
,„,,,.:1"
$512.37
3.2
Pump control and waste valves and 0 & M
improvements
1
2
6
$437.02
3.3
Electrical plan drawing - New service equipment and
motor controls
1
2
8
$527.82
3.4
Electrical plan drawing -Lighting, heating and
ventilation systems improvements
2
2
8
$585.94
3.5
Wiring diagrams -one-line diagrams and pump control
circuits
2
12
$602.09
3.6
Wiring diagrams - instrumentation and telemetry
systems
1
2
16
$829.21
4
Contract Specifications
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4.1
General
1
4
2
4
............. ...
$731.64
4.2
Mechanical equipment and piping
1
4
4
1
$592.75
4.3
Electrical
1
1
4
$443.70
5
Design Review Meetings
4
4
$605.70
TOTALS:
18
28
20
72
66
$12,006.94
Page 2 of 2
'USINESS OF THE CITY COUNCI!
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of 11/7/95
ITEM TITLE: Consideration of a Resolution Authorizing Execution of an Agreement with Gray and
Osborne, Inc., for engineering and design services relating to the updating of the electrical
systems at the Kiwanis and Airport Wells.
SUBMITTED BY: Department of Assistant City Manager - Water & Irrigation Division
CONTACT PERSON/TELEPHONE: Doug Dodd, Superintendent of Water & Irrigation 575-6204
SUMMARY EXPLANATION:
Under the terms of this agreement the consultant will provide the City with a complete set of conceptual
design recommendations, preparation of contract drawings and specifications, and limited construction
engineering support. Said services and completed documents shall be provided for both the Kiwanis
Well and the Airport Well.
The City's Engineering Division does not presently have the staff competent in this line of engineering,
nor the time to perform the desired study. Staff has complied with the provisions of RCW 39.50 which
concerns the procurement of engineering and architectural services in the selection of Gray and
Osborne, Inc., to perform this study in a timely manner.
The total amount budgeted to accomplish the update to the electrical systems of the wells is $90,000.00
each. The cost of the work under the terms of this agreement shall not exceed $27,100.00, or
$12,100.00 for the work on the Kiwanis Well, and $15,000.00 for the work on the Airport Well. The
associated schedule shows work for the Kiwanis Well being completed no later than January 19, 1996 ,
and because of the expanded needs of the Airport well, that work schedule will be developed at a later
date.
Resolution X Ordinance Contract X Other (Specify)
Fund Source: Water 477 - Capiitaprovement Program
City Manager
APPROVED FOR SUBMITTAL:
STAFF RECOMMENDATION: Staff recommends approval of the resolution authorizing this
agreement with Gray and Osbome. Inc., for the services described therein.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution No. R-95-149