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HomeMy WebLinkAboutR-1996-106 Professional Engineeering ServiceRESOLUTION NO. R-96- 1 G A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute an agreement with James D. Jansen, P.E. for professional engineering services. WHEREAS, the City of Yakima desires to engage James D. Jansen, P.E., to perform professional engineering services on an independent contractor basis as Project Manager for the Yakima Convention Center Expansion Project (Phase I); and WHEREAS, James D. Jansen, P.E., has the experience and expertise necessary to provide said independent contractor services and is willing to provide such services in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into an agreement with James D. Jansen, P.E., for professional engineering services in accordance with the terms and conditions of the attached agreement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated agreement with James D. Jansen, P.E., for professional engineering services. ADOPTED BY THE CITY COUNCIL this - day of ATTEST: /0_-&--ice.,L✓ o-- City Clerk (1.)re./en7ine.ring pm , 1996. PROFESSIONAL ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereafter the "City"), and James D. Jansen, P.E., an individual (hereafter "Engineer"). WHEREAS, the City of Yakima desires to engage James D. Jansen, P.E., to perform professional engineering services on an independent contractor basis as Project Manager for the Yakima Convention Center Expansion Project (Phase I). WHEREAS, James D. Jansen has the experience and expertise necessary to provide said independent contractor services and is willing to provide such services 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. Scope of Services. a. 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 Convention Center Expansion Project (Phase I) (hereafter the "Project"). The Engineer understands that such duties are diverse and are not fully set forth in this Agreement, but include such work as: i. Manage the progress and construction schedule for the Project in order to avoid unnecessary delays in and satisfactory completion of the Project. ii. Coordinate construction activities for the Project between the City and the Project contractor. iii. Prepare Project progress reports to the City Manager and City Engineer as required or requested by the City Manager or City Engineer. b. The City shall: i. Provide the Engineer with all requested information necessary for the Project Manager to carry out his services under this Agreement. 2. Term. The term of this Agreement shall commence upon execution hereof and shall terminate `if , 199,x; provided, however, that the Page 1 of 4 (1..)agr/engineering.Pm City Manager shall have the option, at his discretion, to extend this Agreement for an additional six (6) month period under the same terms and conditions contained herein. 3. Consideration. The City shall pay the Engineer for services rendered hereunder at the rate of Forty Dollars ($40.00) per hour. The Engineer shall submit to the City monthly invoices itemizing all hours worked by date. Upon receipt of said monthly invoice, the City shall make payment to the Engineer within thirty (30) calendar days. The Engineer shall maintain adequate time records/logs to substantiate all amounts itemized on the monthly invoices. Unless the term of this Agreement is extended pursuant to Section 2, the total amount of compensation paid to the Engineer by the City under this Agreement shall not exceed Forty Thousand Dollars ($40,000.00) based upon one thousand (1,000) hours at the rate of Forty Dollars ($40.00) per hour. 4. 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. 5. 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 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. 6. Nondiscrimination Provision. During the performance of this Agreement, Engineer shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. 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, and selection for training. 7. 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. 8. No Insurance. It is understood the City does not maintain liability insurance for Engineer and/or its employees. 9. 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 Page 2 of 4 11n1agr/enginccring., performed under this Agreement are concerned, except for allegations of intentional torts or gross negligence by the Engineer. 10. 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. 11. 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. 12. Termination. This Agreement may be terminated by either party at any time after first having given ten (10) days written notice to the other party in the event of the other party's substantial failure to perform in accordance with the terms and conditions of this Agreement. Additionally, the City may terminate this Agreement without cause by providing the Engineer with thirty (30) days written notice of termination. 13. 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. 14. 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. 15. Integration. This written document constitutes the entire agreement between the City and Engineer. There are no other oral or written Agreements between the parties as to the subjects covered herein. 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. 16. 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 ENGINEER: Page 3 of 4 (lc)apr/engincerinn.pm City Manager City Hall 129 North 2nd Street Yakima, WA 98901 James D. Jansen 207 South Eighth Avenue Yakima, WA 98902 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. 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 18. 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 OF YAKIMA JAMES D. JANSEN, P.E. By: - . -' ` ti R. A. Zais, Jr., City Manager DATE: F_ - ATTEST: City Clerk �} City Contract No. q b"s Page 4 of 4 (1s1a9r/enginec[in9.pm DATE: Y.—. ITEM TITLE: E SINESS OF THE CITY COW. AL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. aa For Meeting of 8/6/96 Professional Services Contract Yakima Convention Center Expansion Construction Project Manager SUBMITTED BY: Glenn K. Rice, Assistant City Manager CONTACT PERSON/TELEPHONE: Glenn K. Rice/575-6040 SUMMARY EXPLANATION: In June 1996, the Center Expansion Committee proposed that a Project Manager be retained, if funds permitted, to oversee construction of the expansion project for the City. This position is common on large projects, particularly where an operational need exists for the facility being remodeled or expanded. Retaining a Project Manager is viewed as an opportunity to save time, money and coordinate supervision of activities between the architect, contractor and operational staff. By virtue of excellent bid results, the Expansion Committee's attention to budget details and cost savings, the fee for a Project Manager is included in the total project budget. The summary is attached for your review. For your consideration is a Resolution and Professional Engineering Services Agreement to retain Mr. Jim D. Jensen as Project Manager. He has been successful in the construction profession for many years as an estimator, project manager, general manager, staff member and private, self-employed consultant. The staff recommends the retention of Mr. Jensen to perform this professional service. X Resolution Ordinance Contract X Other (Misc. Information) Funding Source Convention Center Expansion Project City Manager APPROVED FOR SUBMITTAL STAFF RECOMMENDATION: Recommend approval and authorize City Manager to sign Professional Engineering Services Agreement BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. Resolution No. R-96-10 ARCHITECTS, P.S. July 16, 1996 PROJECT BUDGET SUMMARY YAKIMA CENTER EXPANSION Yakima Center Yakima, Washington P.O. BOX 1644 YAKIMA, WASHINGTON 98907 (509) 452-0609 FAX: (509) 452-0578 1. Bid Results (Huylar Construction): • Basic Bid • Alternates 1, 2, 3, 4, 5, 6, 7, 9, 11 2. WSST on Item 1 (S4,366,150) © 7.9%: 3. Total Construction Cost for Contract Signing (Item 1 & 2): 4. Kitchen Allowance (includes design fees, construction costs and WSST): 5. FF&E ($417,195 - $22,426): 6. WSST on Items 4 and 5 ($619,769) (a3 7.9%: 7. AJE Fees (S337,800 - $2,890 for less cost for Bid Document reproduction): 8. Project Manager Fee: 9. Subtotal - Items 3, 4, 5, 6, 7 and 8: 10. Construction Contingency (5.2% of Item 3) 11. Total Project Budget - Items 8 and 9: $4,000,000 366.150 $4,366,150 $ 344,926 $4,711,076 $ 225,000 $ 394,769 $ 48,962 $ 334,910 $ 40,000 $5,754,717 $ 245,2831 $6,000,000 Yakima Center Expansio1. Project Budget Summary July 16, 1996 Page 2 of 2 Contingency impacted by numerous factors: A. Pacific Power loan for three Energy Efficiency Measures (EEMs) net gain: B. Previous expenditure for aluminized roof coating: C. Previous expenditure for rendering: D. Previous expenditure for repair of existing operable walls: E. Anticipated costs (to be verified during construction): +$ 53,418 ($ 4,000) • Code related exit signage ($ 5,000) • Steel banners ($16,000) • Refurbishing Administration area ($20,000) • WSST on each area ($ ___) • Design fees and construction cost for compact fluorescent EEM ($35,000) F. Miscellaneous expenditures during construction: To be determined C, JULY 2, 1996 MR. GLENN RICE ASST. CITY MANAGER YAKIMA, WASHINGTON RE: ADDITION TO CONVENTION CENTER DEAR GLENN: BcCEWED 1S(') Of C1V TO PROUIDE ASSISTANCE TO THE OWNER IN THE MANAGEMENT OF THE REFERENCED CONSTRUCTION PROJECT I PROPOSE THE FOLLOWING. ONSITE OBSERUATIONS OF WORK IN STAGES OF THE PROJECT. MONITORING THE CONSTRUCTION SCHEDULE, ASSISTING IN AVOIDING DELAYS. COORDINATING CONSTRUCTION ACTIUITIES BETWEEN THE CONTRACTOR AND OWNER AS MAY BE REQUIRED. MY TIME INVOLVED IN THIS PROJECT SHOULD NOT EXCEED 1080 HOURS OUER A TWELUE MONTH CONSTRUCTION SCHEDULE. I PROPOSE A FEE 0 $ 40.00 PER HOUR WHICH REPRESENTS FULL COMPENSATION AND DOES NOT INCLUDE LIABILITY INSURANCE. MY PRESENCE ON THE JOBSITE CAN BE DICTATED BY EITHER THE ARCHITECT OR MY JUDGMENT. -�S-RELY , \J t Sib A Bi - 207 SO 8TH AUE B 7 YAKIMA, WASHINGTON 98902 M ! Lisa- LH S/- RESUME JAMES D JANSEN EDUCATION: GRADUATE WITH ENGINEERING DEGREE FROM WSU IN 1956 WORK EXPERIENCE: 1956 1963 ESTIMATOR, SUPERINTENDENT WOODHALL BROTHERS WALLA WALLA, WASHINGTON 1963-1970 SELF EMPLOYED 1970-1993 ESTIMATOR, PROJECT MANAGER, GENERAL MANAGER, CHIEF ESTIMATOR, GILBERT H MOEN COMPANY YAKIMA, WASHINGTON 1993 TO PRESENT SELF EMPLOYED CONSULTANT Witors (kaynottiolliNe 10 NORTH 8th STREET, YAKIMA, WA 98901-2515 (509) 575-1300 FAX (509) June 6, 1996 Dick Zais Yakima City Manager 129 No. 2nd Street Yakima, WA 98901 Dear Dick; RECEIVED c rrY QF YA <+"f. A JUN 6 1996 aiC!PMANACER The Executive Committee of the Yakima Valley Visitors and Convention Bureau met this morning and wish to express our concern with the ahsenee of a project manager for the Center expansion project scheduled to begin construction next month. It is our understanding that you have decided not to hire a project manager but rather have the City staff and Center management oversee the expansion project. We are concerned for a number of reasons specifically around the amount of time and involvement which our Executive Director will have to commit to the actual construction portion of this project. In Center Expansion Committee and YVVCB Board of Director meetings it has been discussed that a project manager is crucial to the success of this project. We understand that your reason for not having a project manager is due to a concern over funding. While we appreciate your concerns we also recall that during the 1989 renovation project we had a "clerk of the works" who saved us over five times the cost of his salary. In addition, we were able to bring the project in under budget and without any major disruption to the delegates and groups that were meeting in the Center during that time. Even though the dollar amount is less. this project will be much more complicated and has an even greater potential for design and construction deficiencies than the new police and iegai center. For this reason and many others, we would request that you reconsider your decision about a project manager and investigate various options available to finance this position. We would be happy to meet with you to discuss this further. Please let us know what your thoughts are regarding this request prior to the construction contract pre-bid meeting on June 24th . Since Skip S - mon, Chairman Center Expansion Committee