HomeMy WebLinkAboutErickson Structural Consulting Engineers, PC - Evaluate condition of SE Community Center For City of Yakima Use Only:
Contract No.
Project No. BETWEEN
Resolution No.
SOQ No. CITY OF YAKIMA, WASHINGTON
AND
ERICKSON STRUCTURAL CONSULTING ENGINEERS, PC
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this - day of De4 i i.Laer, 2015, by and
between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North
Second Street, Yakima, WA 98901, hereinafter referred to as "CITY ", and Erickson Structural Consulting
Engineers, PC with its principal office at 10000 NE 7th Avenue, Suite 130, Vancouver, WA 98685,
hereinafter referred to as "ENGINEER "; said corporation and its principal engineers are licensed and
registered to do business in the State of Washington, and will provide professional engineering services
under this Agreement for scoping the work required to evaluate the structural, mechanical and electrical
condition of the Southeast Community Center and scoping the work required to evaluate the changes
required at three existing buildings to potentially house the Yakima Police Department on behalf of the City
of Yakima, Project No. , herein referred to as the "PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering scoping services for the
PROJECT, as described in this Agreement and subsequent Amendments thereto; and
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with
knowledge and experience necessary to satisfactorily accomplish the work within the required time and that
it has no conflicts of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and ENGINEER agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in
writing by both parties, duties of ENGINEER shall not be construed to exceed those
services specifically set forth herein.
2.0.2 ENGINEER shall endeavor to maintain continuity in personnel and shall assign, Brandon
Erickson, PE, SE, as Principal -in- Charge throughout the term of this Agreement unless
other personnel are approved by the CITY.
2,1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled "Scoping
the Evaluation of Southeast Community Center and Proposed Yakima Police Station Buildings"
(WORK) which is attached hereto and made a part of this Agreement as if fully set forth herein.
2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by
ENGINEER can be defined in detail at the time this Agreement is executed, and that additional
WORK related to the Project and not covered in Exhibit A may be needed during performance of
this Agreement. CITY may, at any time, by written order, direct the ENGINEER to revise portions
of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the
PROJECT, or request that the ENGINEER perform additional WORK beyond the scope of the
PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services."
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2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or
time required for, performance of any services under this Agreement, a contract price
and /or completion time adjustment pursuant to this Agreement shall be made and this
Agreement shall be modified in writing accordingly.
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the ENGINEER according to the ENGINEER'S then - current hourly rates (2015
rates are set forth in Exhibit C, attached hereto and incorporated herein by this reference),
and if so authorized, shall be considered part of the PROJECT WORK. The ENGINEER
shall not perform any Additional Services until so authorized by CITY and agreed to by the
ENGINEER in writing.
2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the date
of the ENGINEER's receipt of the written notification of change.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY - FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the CITY'S
possession relating to the ENGINEER'S services on the PROJECT including information on any
pre- existing conditions known to the CITY that constitute hazardous waste contamination on the
PROJECT site as determined by an authorized regulatory agency. Evaluation of hazardous waste
or environmental hazards are excluded from the ENGINEER'S current scope of services.
ENGINEER is not responsible for the presence, detection, handling, removal, or disposal of
hazardous materials at the site
3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably
accessible to ENGINEER as required for ENGINEER'S performance of its services and will provide
labor and safety equipment as reasonably required by ENGINEER for such access.
3.3 TIMELY REVIEW: The CITY will examine the ENGINEER'S studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor,
accountant, auditor, bond and financial advisors, and other consultants as CITY deems
appropriate; and render in writing decisions required of CITY in a timely manner. Such
examinations and decisions, however, shall not relieve the ENGINEER of any contractual
obligations nor of its duty to render professional services in a manner consistent with that degree
of skill and care ordinarily exercised by practicing engineers performing similar services in the same
or similar circumstances and conditions.
3.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this
Agreement. CITY'S Representative shall have complete authority to transmit instructions and
receive information. ENGINEER shall be entitled to reasonably rely on such instructions made by
the CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall
be responsible for bringing to the attention of the CITY'S Representative any instructions which the
ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER'S
knowledge.
3.5 Any documents, services, and reports provided by the CITY to the ENGINEER are available solely
as additional information to the ENGINEER and will not relieve the ENGINEER of its duties and
obligations under this Agreement or at law. The ENGINEER shall be entitled to reasonably rely
upon the accuracy and the completeness of such documents, services and reports, but shall be
responsible for exercising customary professional care in using and reviewing such documents,
services, and reports and drawing conclusions there from.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4.1 In signing this Agreement, CITY grants ENGINEER specific authorization to proceed with WORK
described in Exhibit A. The time for completion is defined in Exhibit A, or as amended.
SECTION 5 COMPENSATION
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5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services
described in Exhibit A, compensation shall be according to Exhibit C - Schedule of Specific Hourly
Rates, attached hereto and incorporated herein by this reference. The estimated cost to perform
this work, on a time spent basis, plus reimbursement for direct non - salary expenses is as shown in
Exhibit B.
5.1.1 DIRECT NON - SALARY EXPENSES: Direct Non - Salary Expenses are those costs
incurred on or directly for the PROJECT including, but not limited to, necessary
transportation costs, including current rates for ENGINEER'S vehicles; meals and lodging;
laboratory tests and analyses; printing, binding and reproduction charges; all costs
associated with other outside nonprofessional services and facilities; special CITY -
requested and PROJECT - related insurance and performance warranty costs; and other
similar costs. Reimbursement for Direct Non - Salary Expenses will be on the basis of actual
charges plus a reasonable markup, not to exceed ten percent (10 %) and on the basis of
current rates when furnished by ENGINEER. Estimated Direct Non - Salary Expenses are
shown in Exhibit B.
5.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the ENGINEER and each of the
Subconsultants in connection with PROJECT WORK; provided, as follows:
• That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents
per mile will be paid for the operation, maintenance, and depreciation
costs of company or individually owned vehicles for that portion of time
they are used for PROJECT WORK. ENGINEER, whenever possible, will
use the least expensive form of ground transportation.
• That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person. This rate may be
adjusted on a yearly basis.
• That accommodation shall be at a reasonably priced hotel /motel.
• That air travel shall be by coach class, and shall be used only when
absolutely necessary.
5.1.2 Telephone charges, computer charges, in -house reproduction charges, first class postage,
and FAX charges are not included in the direct expense costs, but are considered included
in the Schedule of Specific Hourly Billing Rates.
5.1.3 Professional Subconsultants. Professional Subconsultants are those costs for
engineering, architecture, geotechnical services and similar professional services
approved by the CITY. Reimbursement for Professional Subconsultants will be on the
basis of actual costs billed plus a reasonable markup, not to exceed ten percent (10 %) for
services provided to the CITY through this Agreement. Estimated Subconsultant costs are
shown in Exhibit B.
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT
shall not exceed Twelve Thousand Nine Hundred Dollars ($12,900). The ENGINEER will make
reasonable efforts to complete the WORK within the budget and will keep CITY informed of
progress toward that end so that the budget or WORK effort can be adjusted if found necessary.
The ENGINEER is not obligated to incur costs beyond the indicated budget, as may be adjusted,
nor is the CITY obligated to pay the ENGINEER beyond these limits. When any budget has been
increased, the ENGINEER'S excess costs expended prior to such increase will be allowable to the
same extent as if such costs had been incurred after the approved increase, and provided that the
City was informed in writing at the time such costs were incurred.
5.3 The ENGINEER shall submit to the City's Representative an invoice each month for payment for
PROJECT services completed through the accounting cut -off day of the previous month. Such
invoices shall be for PROJECT services and WORK performed and costs incurred prior to the date
of the invoice and not covered by previously submitted invoices. The ENGINEER shall submit with
each invoice copies of subconsultant invoices. CITY will use its best efforts to pay such invoices
within thirty (30) days of receipt and upon approval of the WORK done and amount billed. CITY will
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notify the ENGINEER promptly if any problems are noted with the invoice. CITY may question any
item in an invoice, noting to ENGINEER the questionable item(s) and withholding payment for such
item(s). The ENGINEER may resubmit such item(s) in a subsequent invoice together with
additional supporting information required.
5.4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on the
unpaid balance shall accrue beginning with the sixty -first (61) day at the rate of 1.0% per month or
the maximum interest rate permitted by law, whichever is less; provided, however, that no interest
shall accrue pursuant to Chapter 39.76 RCW when before the date of timely payment a notice of
dispute is issued in good faith by the CITY to the ENGINEER pursuant to the terms of RCW
39.76.020(4).
5.5 Final payment of any balance due the ENGINEER for PROJECT services will be made within forty -
five (45) days after satisfactory completion of the services required by this Agreement as evidenced
by written acceptance by CITY and after such audit or verification as CITY may deem necessary
and execution and delivery by the ENGINEER of a release of all known payment claims against
CITY arising under or by virtue of this Agreement, other than such payment claims, if any, as may
be specifically exempted by the ENGINEER from the operation of the release in stated amounts to
be set forth therein.
5.6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY
of any claims, right, or remedy it may have against the ENGINEER under this Agreement or by law,
nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure or fault
of the ENGINEER to satisfactorily perform the PROJECT WORK as required under this Agreement.
SECTION 6 RESPONSIBILITY OF ENGINEER
6.1 The ENGINEER shall be responsible for the professional quality, technical adequacy and accuracy,
timely completion, and the coordination of all plans, design, drawings, specifications, reports, and
other services furnished by the ENGINEER under this Agreement. The ENGINEER shall, without
additional compensation, correct or review any errors, omissions, or other deficiencies in its plans,
designs, drawings, specifications, reports, and other services. The ENGINEER shall perform its
WORK in a manner consistent with the degree of skill an dcare ordinarily exercised by practicing
design professionals performing similar services in the same locality at the same site and under
the same or similar circumstances and conditions
6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications, reports,
and incidental WORK or services furnished hereunder shall not in any way relieve the ENGINEER
of responsibility for the technical adequacy, completeness, or accuracy of its WORK and the
PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not be
construed to operate as a waiver of any rights under this Agreement or at law or any cause of action
arising out of the performance of this Agreement.
6.3 In performing WORK and services hereunder, the ENGINEER and its subcontractors,
subconsultants, employees, agents, and representatives shall be acting as independent
contractors and shall not be deemed or construed to be employees or agents of CITY in any manner
whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an officer or employee of
CITY by reason hereof and will not make any claim, demand, or application to or for any right or
privilege applicable to an officer or employee of CITY. The ENGINEER shall be solely responsible
for any claims for wages or compensation by ENGINEER employees, agents, and representatives,
including subconsultants and subcontractors, and shall save and hold CITY harmless therefrom.
6.4 INDEMNIFICATION:
(a) ENGINEER agrees to indemnify and hold harmless the CITY, its elected officials,
agents, officers, employees, agents and volunteers (hereinafter "parties protected ")
from (1) claims, demands, liens, lawsuits, administrative and other
proceedings,(including reasonable costs and attorneys fees) and (2) judgments,
awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind
claimed by third parties arising out of, or related to any death, injury, damage or
destruction to any person or any property to the extent caused by any negligent act,
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action, default, error or omission or willful misconduct arising out of the Engineer's
performance under this Agreement. In the event that any lien is placed upon the City's
property or any of the City's officers, employees or agents as a result of the negligence
or willful misconduct of the Engineer, the Engineer shall cause the same to be
dissolved and discharged by giving bond or otherwise. In all cases and
circumstances, ENGINEER'S obligations for damages do not extend beyond those
that are proximately caused by ENGINEER'S or ENGINEER'S subconsultant's
negligence in the rendering of its professional services.
(b) CITY agrees to indemnify and hold the ENGINEER harmless from loss, cost, or expense
of any kind claimed by third parties, including without limitation such loss, cost, or expense
resulting from injuries to persons or damages to property, caused solely by the negligence
or willful misconduct of the CITY, its employees, or agents in connection with the
PROJECT.
(c) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person
identified above for whom each is liable) is a cause of such third party claim, the loss, cost,
or expense shall be shared between the ENGINEER and the CITY in proportion to their
relative degrees of negligence or willful misconduct and the right of indemnity will apply for
such proportion.
(d) Nothing contained in this Section or this Agreement shall be construed to create a liability
or a right of indemnification in any third party.
6.5
6.6 It is understood that any resident engineering or inspection provided by ENGINEER is for the
purpose of determining compliance with the technical provisions of PROJECT specifications and
does not constitute any form of guarantee or insurance with respect to the performance of a
contractor. ENGINEER does not assume responsibility for methods. or appliances used by a
contractor, for a contractor's safety programs or methods, or for compliance by contractors with
laws and regulations. CITY shall use its best efforts to ensure that the construction contract
requires that the contractor(s) indemnify and name CITY, the CITY'S and the ENGINEER'S officers,
principals, employees, agents, representatives, and engineers as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability.
6.7 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observation, exploration, and investigations
have been made. Because of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect total PROJECT cost and /or
execution. These conditions and cost/execution effects are not the responsibility of the
ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate standard
of professional care and judgment in such investigations.
SECTION 7 PROJECT SCHEDULE AND BUDGET
7.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component
tasks shall be as set forth in this Agreement and attachments. The project schedule and
performance dates for the individual tasks shall be mutually agreed to by the CITY and the
ENGINEER within fifteen (15) business days after execution of this Agreement. The performance
dates and budgets for tasks may be modified only upon written agreement of the parties hereto.
The performance date for tasks and the completion date for the entire PROJECT shall not be
extended, nor the budget increased because of any unwarranted delays attributable to the
ENGINEER, but may be extended or increased by the CITY in the event of a delay caused by
special services requested by the CITY or because of unavoidable delay caused by any
governmental action or other conditions beyond the control of the ENGINEER which could not be
reasonably anticipated.
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7.2 Not later than the tenth (10) day of each calendar month during the performance of the PROJECT,
the ENGINEER shall submit to the CITY'S Representative written narrative description of the
WORK accomplished by the ENGINEER and subconsultants on each task, indicating a good faith
estimate of the percentage completion thereof on the last day of the previous month. Additional
oral or written reports shall be prepared at the request of the CITY for presentation to other
governmental agencies and/or to the public.
SECTION 8 REUSE OF DOCUMENTS
8.1 All internal WORK products of the ENGINEER are instruments or service of this PROJECT. There
shall be no reuse, change, or alteration by the CITY or others acting through or on behalf of the
CITY without written permission of the ENGINEER, which shall not be unreasonably withheld and
will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its officers,
employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs
including, but not limited to, litigation expenses and attorney's fees arising out of or related to such
unauthorized reuse, change, or alteration; provided, however, that the ENGINEER will not be
indemnified for such claims, damages, losses, and costs including, without limitation, litigation
expenses and attorney fees were caused by the ENGINEER's own negligent acts or omissions.
8.2 The ENGINEER agrees that ownership of any plans, drawings, designs, specifications, computer
programs, technical reports, operating manuals, calculations, notes, and other WORK submitted or which
are specified to be delivered under this Agreement or which are developed or produced and paid for
under this Agreement, whether or not complete, shall be vested in the CITY. The license to use the
documents is granted only when ENGINEER is paid in full for services duly rendered.
8.3 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter
"Intellectual Property ") as well as any modifications, updates or enhancements to said Intellectual
Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER
does not grant CITY any right or license to such Intellectual Property.
SECTION 9 AUDIT AND ACCESS TO RECORDS
9.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and other
evidence directly pertinent to performance of the WORK under this Agreement in accordance with
generally accepted accounting principles and practices consistently applied. The CITY, or the
CITY'S duly authorized representative, shall have access to such books, records, documents, and
other evidence for inspection, audit, and copying for a period of three years after completion of the
PROJECT. The CITY shall also have access to such books, records, and documents during the
performance of the PROJECT WORK, if deemed necessary by the CITY, to verify the ENGINEER'S
WORK and invoices.
9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency. The
costs for audits initiated by the CITY shall be at the expense of the CITY.
9.3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the ENGINEER is afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any supporting documentation on
the pertinent portions of the draft audit report and that the final audit report will include written
comments, if any, of the ENGINEER.
9.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the Project.
9.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY.
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SECTION 10 INSURANCE
10.1 At all times during performance of the Services, ENGINEER shall secure and maintain in effect
insurance to protect the City and the ENGINEER from and against all claims, damages, losses,
and expenses arising out of or resulting from the ENGINEER'S negligent performance of this
Contract. ENGINEER shall provide and maintain in force insurance in limits no less than that stated
below, as applicable. The City reserves the rights to require higher limits should it deem it
necessary in the best interest of the public.
10.1.1 Commercial General Liability Insurance. Before this Contract is fully executed by the
parties, ENGINEER shall provide the City with a certificate of insurance as proof of
commercial liability insurance and commercial umbrella liability insurance with a total
liability limit of the limits required in the policy, subject to minimum limits of One
Million Dollars ($1,000,000.00) per occurrence combined single limit bodily injury and
property damage, and Two Million Dollars ($2,000,000.00) general aggregate. The
certificate shall clearly state who the provider is, the coverage amount, the policy number,
and when the policy and provisions provided are in effect. Said policy shall be in effect
for the duration of this Contract. The policy shall name the City, its elected officials,
officers, employees, as additional insureds. The insured shall not cancel or change the
insurance without first giving the City thirty (30) calendar days prior written notice. Such
obligation ends three (3) months following the completion of ENGINEER'S scope of
services. The insurance shall be with an insurance company or companies rated A -VII
or higher in Best's Guide and admitted in the State of Washington.
10.1.2. Commercial Automobile Liability Insurance.
a. If ENGINEER owns any vehicles, before this Contract is fully executed by the
parties, ENGINEERshall provide the City with a certificate of insurance as proof of
commercial automobile liability insurance and commercial umbrella liability insurance
with a total liability limit of the limits required in the policy, subject to minimum limits
of One Million Dollars ($1,000,000.00) per occurrence combined single limit bodily injury
and property damage. Automobile liability will apply to "Any Auto" and be shown on the
certificate.
b. If ENGINEER does not own any vehicles, only "Non -owned and Hired Automobile
Liability" will be required and may be added to the commercial liability coverage at the
same limits as required in that section of this Contract, which is Section 10.1.1 entitled
"Commercial General Liability Insurance ".
c. Under either situation described above in Section 10.1.2.a. and Section 10.1.2.b.,
the required certificate of insurance shall clearly state who the provider is, the coverage
amount, the policy number, and when the policy and provisions provided are in
effect. Said policy shall be in effect for the duration of this Contract. The policy shall
name the City, its elected officials, officers, employees, as additional insureds. The
insured shall not cancel or change the insurance without first giving the City thirty (30)
calendar days prior written notice. Such obligation ends three (3) months following the
completion of ENGINEER'S scope of services. The insurance shall be with an
insurance company or companies rated A -VII or higher in Best's Guide and admitted in
the State of Washington.
10.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
10.1.4. Professional Liability Coverage. Before this Contract is fully executed by the parties,
ENGINEER shall provide the City with a certificate of insurance as proof of professional
liability coverage with a total liability limit of the limits required in the policy, subject
to minimum limits of One Million Dollars ($1,000,000.00) per claim, and Two Million
Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the provider is,
the coverage amount, the policy number, and when the policy and provisions provided
are in effect. Said policy shall be in effect for the duration of this Contract. The insured
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shall not cancel or change the insurance without first giving the City thirty (30) calendar
days prior written notice. Such obligation ends three (3) months following the completion
of ENGINEER'S scope of services. The insurance shall be with an insurance company
or companies rated A -VII or higher in Best's Guide. If the policy is written on a claims
made basis the coverage will continue in force for an additional two years after the
completion of this contract, provided insurance is commercially available at reasonable
price.
Failure of either or all of the additional insureds to report a claim under such insurance
shall not prejudice the rights of the CITY, its officers, employees, agents, and
representatives there under. The CITY and the CITY'S elected officials, officers,
principals, employees, representatives, and agents shall have no obligation for payment
of premiums because of being named as additional insureds under such insurance.
None of the policies issued pursuant to the requirements contained herein shall be
canceled, allowed to expire, or changed in any manner that affects the rights of the City
until thirty (30) days after written notice to the CITY of such intended cancellation,
expiration or change. [Name and address of client must be provided to endorse
Professional Liability policy for 30 days notice of cancellation]
SECTION 11 SUBCONTRACTS
11.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract
any portion of the WORK to be performed under this Agreement.
11.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any
substitutions thereof, will be subject to prior approval by CITY, which approval shall not be
unreasonably withheld. Each subcontract shall be subject to review by the CITY'S Representative,
if requested, prior to the subconsultant or subcontractor proceeding with the WORK. Such review
shall not constitute an approval as to the legal form or content of such subcontract. The ENGINEER
shall be responsible for the architectural and engineering performance, acts, and omissions of all
persons and firms performing subcontract WORK.
11.3 CITY does anticipate ENGINEER subcontracting with an architectural firm for the purpose of
completing this Agreement.
11.4 The ENGINEER shall submit, along with its monthly invoices, a description of applicable WORK
completed by subconsultants and subcontractors during the preceding month and copies of all
invoices thereto.
SECTION 12 ASSIGNMENT
12.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This
Agreement may not be assigned by CITY or ENGINEER without prior written consent of the other,
which consent will not be unreasonably withheld. It is expressly intended and agreed that no third
party beneficiaries are created by this Agreement, and that the rights and remedies provided herein
shall inure only to the benefit of the parties to this Agreement.
SECTION 13 INTEGRATION
13.1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with respect
to those matters covered herein. This Agreement may not be modified or altered except in writing
signed by both parties.
SECTION 14 JURISDICTION AND VENUE
14.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of this
Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void
insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and
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effect. Venue of all disputes arising under this Agreement shall be Yakima County, State of
Washington.
SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION
15.1 During the performance of this Agreement, ENGINEER and ENGINEER's subconsultants and
subcontractors shall not intentionally or knowingly discriminate in violation of any applicable federal,
state and /or local law or regulation on the basis of age, sex, race, creed, religion, color, national
origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual
orientation, and any other classification protected under federal, state, or local law. This provision
shall include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment, advertising, layoff or termination, rates of pay or other forms of compensation,
selection for training, and the provision of services under this Agreement. ENGINEER agrees to
comply with the applicable provisions of State and Federal Equal Employment Opportunity and
Nondiscrimination statutes and regulations.
SECTION 16 SUSPENSION OF WORK
16.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement
if unforeseen circumstances beyond CITY'S control are interfering with normal progress of the
WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under
this Agreement if unforeseen circumstances beyond ENGINEER's control are interfering with
normal progress of the WORK. ENGINEER may suspend WORK on PROJECT in the event CITY
does not pay invoices when due, except where otherwise provided by this Agreement. The time
for completion of the WORK shall be extended by the number of days WORK is suspended. If the
period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to
renegotiation, and both parties are granted the option to terminate WORK on the suspended portion
of Project in accordance with SECTION 17.
SECTION 17 TERMINATION OF WORK
17.1 Either party may terminate this Agreement, in whole or in part, if the other party materially breaches
its obligations under this Agreement and is in default through no fault of the terminating party.
However, no such termination may be effected unless the other party is given: (1) not less than
fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of
intent to terminate; and (2) an opportunity for consultation and for cure with the terminating party
before termination. Notice shall be considered issued within seventy -two (72) hours of mailing by
certified mail to the place of business of either party as set forth in this Agreement.
17.2 In addition to termination under subsection 17.1 of this Section, CITY may terminate this Agreement
for its convenience, in whole or in part, provided the ENGINEER is given: (1) not less than fifteen
(15) calendar days written notice delivered by certified mail, return receipt requested, of intent to
terminate; and (2) an opportunity for consultation with CITY before termination.
17.3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price
pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated profit
on unperformed services or other WORK, and (2) any payment due to the ENGINEER at the time
of termination may be adjusted to the extent of any additional costs or damages CITY has incurred,
or is likely to incur, because of the ENGINEER'S breach. In such event, CITY shall consider the
amount of WORK originally required which was satisfactorily completed to date of termination,
whether that WORK is in a form or of a type which is usable and suitable to CITY at the date of
termination and the cost to CITY of completing the WORK itself or of employing another firm to
complete it. Under no circumstances shall payments made under this provision exceed the contract
price. In the event of default, the ENGINEER agrees to pay CITY for any and all damages, costs,
and expenses whether directly, indirectly, or consequentially caused by said default. This provision
shall not preclude CITY from filing claims and /or commencing litigation to secure compensation for
damages incurred beyond that covered by contract retainage or other withheld payments. In all
cases and circumstances, ENGINEER'S obligations for damages do not extend beyond those that
are proximately caused by ENGINEER'S or ENGINEER'S subconsultant's negligence in the
rendering of its professional services.
Page 9
17.4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience,
the adjustment pursuant to the Agreement shall include payment for services satisfactorily
performed to the date of termination, in addition to termination settlement costs the ENGINEER
reasonably incurs relating to commitments which had become firm before the termination, unless
CITY determines to assume said commitments.
17.5 Upon receipt of a termination notice under subsections 17.1 or 17.2 above, the ENGINEER shall
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to CITY all originals of data, drawings, specifications, calculations,
reports, estimates, summaries, and such other information, documents, and materials as the
ENGINEER or its subconsultants may have accumulated or prepared in performing this Agreement,
whether completed or in progress, with the ENGINEER retaining copies of the same.
17.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK
to completion utilizing other qualified firms or individuals; provided, the ENGINEER shall have no
responsibility to prosecute further WORK thereon.
17.7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined
that the ENGINEER has not so failed, the termination shall be deemed to have been effected for
the convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be
determined as set forth in subparagraph 17.4 of this Section.
17.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the
ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its
obligations to complete performance under this Agreement without the concurrence and written
approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment
shall be made as set forth in subparagraph 17.3 of this Section.
SECTION 18 DISPUTE RESOLUTION
18.1 In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of
a notice of default as to whether such default does constitute a breach of the contract, and if the
parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation
as a means to resolve the dispute. If either of the afore mentioned methods are not successful
then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in
accordance with the laws of Washington. If both parties consent in writing, other available means
of dispute resolution may be implemented.
Page 10
SECTION 19 NOTICE
19.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at
the address set forth below. Notice shall be considered issued and effective upon receipt thereof
by the addressee -party, or seventy -two (72) hours after mailing by certified mail to the place of
business set forth below, whichever is earlier.
CITY: City of Yakima
129 N. 2nd Street
Yakima, WA 98901
Attn: Brett Sheffield, PE
ENGINEER: Erickson Structural Consulting Engineers, PC
10000 NE 7 Avenue, Suite 130
Vancouver, WA 98685
Attn: Brandon Erickson, PE, SE
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
respective authorized officers or representatives as of the day and year first above written.
CITY OFYAKIMA CfjcKj`n Skrvc-vvi I CGNrviti
T'a - 47 k t 5 F Gc t!>r2 T �evo m ignature
Printed Name:. Printed Name: b( '&4'A c- (1 L)c vt
Title: City Manager Title: pt l ^ C1 0 4- I
Date: 124 23 ) ,c t ^ � c ; 2� (
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City Contract No. 2015- 2 b 3
Page 11
STATE OF WASHINGTON
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COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that .16 �u AA -p is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument, and acknowledged it as the CITY MANAGER of the CITY OF
YAKIMA, to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated: D-
Seal or Stamp
(Signature) ,,,, II
Title
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Printed Name i
My commission expires: ' ' - J b
Page 12
STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA )
I certify that I know or have satisfactory evidence that 'gctrz;v.d,9s -A is the person who
appeared before me, and said person acknowledged that4e/ signed this instrument, on oath stated that
he /she was authorized to execute the instrument, and acknowledged it as the ?rtsr,hr. of
E IV( a, o to be the free and voluntary act of such party for the use and purposes
mentioned in the instrument.
Dated: .c , (4 , ,Q o t,
Seal or Stamp
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c.) NOTAR A
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Page 13
EXHIBIT A
Scoping the Evaluation of the Southeast Community Center and
Proposed Yakima Police Station Buildings
SCOPE OF WORK
The scope of ENGINEER'S work is as outlined in Erickson Structural Consulting Engineers, PC's
"Proposal for Scoping Services, Southeast Community Center and Potential Police Station
Buildings, Yakima, Washington ", dated August 6, 2015 and subconsultant Eric Lanciault,
Architect's "Yakima Community Center and Police Building Evaluations ", dated August 3, 2015,
which are together incorporated into this "Exhibit A ". A summary of the scope of work is presented
below:
1. Organize and participate in a planning and scoping meeting with the City of Yakima
representatives to establish goals and criteria for the evaluations and eventual upgrades to the
Southeast Community Center and the proposed Police Station.
2. Briefly visit the Southeast Community Center and the three potential Police Station locations to
observe the accessible portions of the buildings.
3. Develop a written scope of work for the evaluation phase of the project that can serve as a scope
of work for our entire team.
4. Coordination and consultation with City of Yakima representatives.
5. Produce a brief written summary of the findings and conclusions developed as a result of the
efforts described herein.
6. Provide rough estimate of the cost to modify the three potential buildings for use as a Police
Station.
Page 14
EXHIBIT B
Scoping the Evaluation of the Southeast Community Center and Proposed Yakima
Police Station Buildings
Design Professional Services
Hourly
Classification Billing Rate Total Hours Total Labor Total Costs
Principal $149 40 $5,960
Designer $76 10 760
Administrative Assistant $44 16 704
Total Erickson Structural Labor Cost: $7,424
Subconsultant Total Fee
Eric Lanciault, Architect $5,000
Total Subconsultants: $5,000
Total Direct Reimbursables (Expenses): $476
Total Project : $12,900
EXHIBIT C
Yakima Central Plaza - Phase 1
Schedule of Rates
Erickson Structural Consulting Engineers, PC I
Job Title or Category Hourly Rate
Principal $149
Associate $128
Senior Project Engineer $111
Project Engineer $97
Desing Engineer $86
Desinger $76
CAD Drafting $65
Administrative Assistant $44
ERICKSON STRUCTURAL
CONSULTING ENGINEERS, PC
August 6, 2015
Brett H. Sheffield, PE
Chief Engineer
Department of Utilities and Engineering
City of Yakima
129 N 2 Street
Yakima, Washington, 98601
RE: Proposal for Scoping Services
Southeast Community Center and Potential Police Station Buildings
Yakima, Washington
Dear Brett:
Erickson Structural Consulting Engineers, PC (Erickson Structural), recently submitted a Statement of Qualifications,
in response to your Request for Qualifications, and has been awarded the above - referenced project. We are pleased
to provide this proposal to you for scoping services during phase one of this two phased effort.
INTRODUCTION
Erickson Structural understands that the City of Yakima seeks to implement various upgrades and improvements to the Southeast
Community Center and to one of three existing locations for a new Police Station, pending the results of detailed evaluations of each
of the above - referenced locations. We have proposed to approach this project as a two- phased effort.
During phase one our team's first priority is to better understand the detailed needs and goals of the City of Yakima
with respect to the Community Center and Police Station. Erickson Structural and Eric Lanciault, Architect (Eric Lanciauft)
will meet with City representatives and briefly visit each of the above - referenced buildings (four locations total). The rest of our team
will be active during the evaluation process for phase two. During phase one we anticipate phone and email dialogue, and
one face -to -face meeting with City representatives, to assemble and clarify the Cities goals and determine the criteria
for the evaluations, upgrades, if needed, and building selection for the Police Station. Once the goals of the project
are well established and we have had an opportunity to visit the above- referenced locations, our team will determine
the scope of work for the evaluation process for phase two of the project. A separate scope of work proposal, based
upon the findings and conclusions of phase one, for our entire team will then be submitted.
SCOP OF SERVICES
Based upon our understanding of the project, our scope of services for phase one is outlined below:
• Organize and participate in a planning and scoping meeting with City of Yakima representatives to establish
goals and criteria for the evaluations and eventual upgrades to the Southeast Community Center and the
proposed Police Station.
• Briefly visit the Southeast Community Center and the three potential Police Station locations to observe the
accessible portions of the buildings.
• Develop a written scope of work for the evaluation phase of the project that can serve as a scope of work for our
entire team.
• Coordination and consultation with City of Yakima representatives.
• Produce a brief written summary of the findings and conclusions developed as a result of the efforts described
herein.
10000 NE 7TH AVE. • SUITE 130
VANCOUVER, WA • 98685
P • 360.571.5577 F • 360.571.5578
ERICKSON STRUCTURAL
CONSULTING ENGINEERS, RC Brett H. Sheffield, PE, City of Yakima
Proposal for Scoping Services
p p9
Southeast Community Center and Potential Police Station Buildings
August 6, 2015
Page 2 of 3
ASSUMPTIONS
We have assumed the following:
• Erickson Structural will be provided with the original construction drawings for the four buildings under
consideration, including available drawings for subsequent renovations and additions.
• When conducting site visits, our team will have full access to the Southeast Community Center and locations for
the potential Police Station, as deemed necessary by Erickson Structural.
• The City of Yakima representatives and project stakeholders will be available to participate together in a single
meeting and that the goals of the City with respect to this project will be well defined and communicated.
• All phase one services will be rendered in 2015.
LIMITATIONS
This proposal does not include the following services:
• Preparation of construction documents.
• Any phase two, or evaluation phase, services. These services can be provided upon the completion of the
services described herein.
• Fees for the services of a geotechnical engineer, testing or inspection. This proposal is only for services
identified herein and rendered by Erickson Structural and Eric Lanciault, Architect.
• Other services not specifically identified herein.
PROJECT TEAM MEMBERS
The following individuals will provide scoping services for phase one of this project:
Brandon Erickson, PE, SE: Brandon will function as team lead and engineer of record. Brandon will be responsible
for communicating and coordinating with the City of Yakima project team, participation in planning and scoping
meetings with the City of Yakima project team, develop a scope of work for the evaluation phase of the project, and
administration of day -to -day affairs of the project. Brandon will also function as the point of contact between Erickson
Structural's project team and the City of Yakima project team.
Eric Lanciault, AIA: Eric will function as team architect and will participate in the planning and scoping meeting with
the City of Yakima project team, and work with Brandon to develop a scope of work for the remainder of the team for
the evaluation phase of the project.
SCHEDULE
We are not currently aware of a specific schedule. We will endeavor to complete our work in a timely manner and
schedule our initial site visits and meeting at a mutually convenient time.
ERICKSON STRUCTURAL Brett H. Sheffield, PE, City of Yakima
• CONSULTING ENGINEERS, PC
Proposal for Scoping Services
Southeast Community Center and Potential Police Station Buildings
August 6, 2015
Page 3 of 3
COMPENSATION
Erickson Structural will provide the above - referenced services for $14,500, as itemized below:
Services as Team Leader (Erickson Structural) $3,500
Structural Engineering (Erickson Structural) $6,000
Architectural (Eric Lanciault, Architect) $5,000
Total $14,500
Our attached Terms and Conditions are incorporated into this proposal. Invoicing for our services will be submitted
monthly. Below is a location for your signature formally authorizing us to proceed. After review of this proposal and
our Terms and Conditions, please sign the proposal, initial each page of our Terms and Conditions, and return a
copy of each to our office. This proposal is valid for 30 days from the date shown on the proposal.
If you have any questions, please feel free to contact us at (360) 571 -5577. We look forward to working with you and
the City of Yakima.
Sincerely,
g „tiv444.../i/e,
Brandon W. Erickson, PE, SE
Principal
Erickson Structural Consulting Engineers, PC
ACCEPTED:
Brett H. Sheffield, PE Date
Department of Utilities and Engineering
City of Yakima