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HomeMy WebLinkAboutR-1999-031 Engineering ServicesRESOLUTION NO. R-99- ,`J 1 A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute an engineering services agreement with Huibregtse, Louman Associates, Inc., regarding general engineering services during the interim period which will occur after the retirement of the current City Engineer until the hiring process to replace him is completed. WHEREAS, the City requires general engineering services during the interim period which will occur after the retirement of the current City Engineer until the hiring process to replace him is completed; and WHEREAS, Huibregtse, Louman Associates, Inc., represents that it has the expertise necessary and is willing to perform the engineering services required by the City in accordance with the terms and conditions of the attached Engineering Services Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached Agreement with Huibregtse, Louman Associates, Inc.; 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 Engineering Services Agreement with Huibregtse, Louman Associates, Inc., for general engineering services. ADOPTED BY THE CITY COUNCIL this day of March, 1999. ATTEST: / John Puccinelli, Mayor City Clerk G:\FILE-S--1\MICHELLE\HUIBRE--2.DOC Last printed March 11, 1999 4:11 PM BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.: 1 `- For Meeting of: March 16, 1999 ITEM TITLE: Consideration of Professional Service Contract with Huibregtse Louman Associates, Inc for Engineering Services SUBMITTED BY: am Cook, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: William Cook/ 575-6113 SUMMARY EXPLANATION: The City Engineer, Fred French, will retire from City service effective March 31, 1999. The Department of Community and Economic Development has advertised nationally for candidates for this vacant position. A two-month application period closes on Friday, March 12, 1999. Realistically, the interview and notice period required to fill this position could take ninety days with an additional period for this new staff member to come up to speed with all related responsibilities. To assure continuity during the period of transition with special focus on railroad and street improvement funding efforts, staff recommends Council approve a Professional Services Contract with Huibregtse Louman Associates, Inc. (See attached) for a period of approximately six months at a cost not to exceed $18,000. If approved, this contract will be funded from salary savings created by the vacant City Engineering position until a replacement is appointed. Resolution X Ordinance_ Contract X Other Specify Professional Services Agreement Funding Source: 000.041.528.0000.532.20.111 (salaries permanent) APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: ENGINEERING SERVICES AGREEMENT THIS ENGINEERING SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"), and Huibregtse, Louman Associates, Inc. (hereinafter "Engineer"). WHEREAS, the City requires general engineering services during the interim period which will occur after the retirement of the current City Engineer until the hiring process to replace him is completed; and WHEREAS, Engineer represents that it has the expertise necessary and is willing to perform the engineering services required by the City in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Engineer as follows: 1. Services: Engineer shall provide the City with consulting engineering services during the calendar year 1999, and, if necessary, the calendar year 2000, through a series of task orders as provided in paragraph 2 below or on an hourly rate basis. The professional services which may be performed by task orders or on an hourly rate basis may include, but are not necessarily limited to, those listed in Exhibits "A" and "B" attached hereto and by this reference incorporated herein. 2. Task Orders: Engineer shall normally provide said engineering services to the City through a series of mutually agreed task orders that shall become a part of this Agreement. Specifically, prior to commencement of any services, the City and Engineer shall mutually agree upon and execute a task order for the specified engineering services. Each task order shall describe the following items: the services to be provided; the time of performance for the services; the fee for the services; and any provisions additional to this Agreement. The engineering services may include, but are not limited to, the services listed on general project description and draft task orders attached hereto as Exhibits "A" and "B." However, execution of this Agreement does not obligate either party to provide or accept any services listed in Exhibits "A" and "B" until the parties have mutually agreed upon and executed a specific task order for the services. 3. Time Period for Performance of Services. Engineer will commence such services as are described on executed task orders in accordance with the time schedules set forth therein and shall proceed with the provisions of such services in a diligent mariner. Engineer shall not be responsible for delays caused by factors beyond Engineer's control or which could not reasonably have been foreseen by the parties at the time the task order was executed. In the event any payment due Engineer under the ENGINEERING SERVICES AGREEMENT Page 1 of 17 terms of this Agreement is delinquent, Engineer shall have the right to suspend services until all payments due have been received. 4. Standard of Performance. Engineer shall perform all work and services required under this Agreement in accordance with generally accepted engineering and consulting standards and shall be responsible for the professional and technical soundness and accuracy of all work and services furnished pursuant to this Agreement. 5. Status of Engineer. Engineer and the City understand and expressly agree that Engineer is an independent contractor in the performance of each and every part of this Agreement. Engineer shall have the sole judgment of the means, mode or mariner of the actual performance of work/services required under this Agreement. Engineer, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the work/services required under this Agreement. Additionally, and as an independent contractor, Engineer and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/ or retirement. 6. Compensation. a. Fees for Services. In each specified task order executed by the parties, the parties shall specify payment to Engineer for the services performed by either: (1) agreeing upon a lump sum fee amount for the services to be provided pursuant to the task order, or (2) agreeing to pay Engineer for the services provided pursuant to the task order utilizing a salary cost method based upon the cost of salaries and expenses incurred by Engineer in the provision of such services. Under the salary cost method, the parties shall agree upon an amount which represents the estimated maximum fee to which Engineer shall be entitled under the task order utilizing the salary cost method. Such amount shall represent the best estimate of the parties of the maximum cost of Engineer's services specified in the task order. In the event the costs of such services will exceed such amount, Engineer shall advise the City in advance of such excess costs and shall provide no services in excess of such estimated maximum costs without the approval of the City. Under the salary cost method, the City shall pay Engineer for services performed on the basis of the salary schedules set forth in Exhibit "C" attached hereto and by this reference incorporated herein. Services provided on an hourly rate basis shall be compensated for on the basis of the schedule of fees set forth in Exhibit b. Maximum Fee for Services. Each executed task order shall describe the maximum fee to which Engineer shall be entitled to under that task order. The maximum fee shall represent the best estimate of the parties of the maximum cost of Engineer's services specified in that task order. c. Renegotiation of Maximum Fee. For all items of services which specify an estimated maximum fee or a lump sum fee as the basis of payment, Engineer reserves the right to renegotiate this fee if the scope of services as specified is modified or changed by the City, whereupon additional expenses will be incurred by Engineer. The ENGINEERING SERVICES AGREEMENT Page 2 of 17 City and Engineer shall agree to such change in fee and services in writing prior to Engineer's provision of such modified or changed services. d. Payment of Compensation. Engineer shall submit monthly invoices to the City. Said invoices shall itemize all services rendered during the preceding monthly period. The City shall make payment to Engineer within thirty (30) calendar days of receipt of the invoice. All payments are expressly conditioned upon Engineer providing services hereunder that are satisfactory to the City. e. Payment in the Event of Termination. In the event that either party exercises its right to terminate this Agreement, Engineer shall be compensated in accordance with the above terms for all satisfactory services provided to the City up to the effective termination date. f. Maintenance of Financial Records/Documents. Engineer shall make the cost records, accounts and related financial documents pertaining to this Agreement available for inspection by representatives of the City during the term of this Agreement and for a period of three (3) years following the final payment to Engineer by the City. In the event that any audit or inspection identifies any discrepancy in such financial records, Engineer shall provide the City with appropriate clarification and/ or financial adjustments within thirty (30) calendar days of notification of the discrepancy. g. Permit and Advertising Cost. The City shall pay all fees for costs of necessary permits, advertising and similar items normally associated with public works projects. 7. 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. 8. Design Intent. Engineer shall prepare the design documents, drawings, and specifications with the understanding that a representative of Engineer may be observing the quality and progress of the resulting construction for compliance with the design intent. Additionally, the parties agree that compensation for such monitoring shall be addressed in an appropriate task order. 9. Termination: The City or Engineer may terminate this Agreement, with or without cause, by giving the other party thirty (30) calendar days written notice of termination. 10. Access, Approvals, Permits: The City shall arrange for access to and make all provisions for Engineer to enter upon such public and private property as may be required for Engineer to perform its services under this Agreement. ENGINEERING SERVICES AGREEMENT Page 3 of 17 11. Scheduling: The City shall inform Engineer of activities being conducted by other parties and of any changes in schedules or other plans relevant to the services provided under this Agreement. 12. Cost Estimates. The City is herewith advised that Engineer has no control over the cost of labor, material, equipment; over subcontractors' and suppliers' methods of producing and delivering such goods and services; or over the methods and styles of competitive bidding or market conditions. Accordingly, Engineer's cost estimates are made and furnished on the basis of Engineer's experience and qualifications and represent only best judgment as an engineering firm familiar with the construction industry. As such, Engineer cannot and does not warrant or guarantee the accuracy of its cost estimates, or that cost estimates will not vary significantly from the actual project or construction costs realized by the City. 13. 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 incident to work of contractors. 14. Submittal Review: Review of proposed contractor substitutions of materials and equipment by Engineer is only for general conformance with the design concept of a Project and general compliance with the information given in the contract documents. The review does not affect the contractor's responsibility to perform all contract requirements with no change in contract price or time. 15. Ownership of Documents. All reports, designs, drawings, and specifications prepared by Engineer pursuant to this Agreement shall be the property of the City upon payment being made by the City to Engineer in accordance with this Agreement. Engineer shall provide the City with originals and/ or reproducible copies of such documents in accordance with the respective task order, or when requested by City representatives. Engineer does not intend or represent that such documents are suitable for reuse by the City or others on extensions of this project or with regard to any other project. Any such reuse without the written permission of Engineer shall be at the City's risk. 16. Information to Be Provided by the City The City shall provide Engineer with access to all information at its disposal that is pertinent to the site of any project area, including but not limited to previous reports, drawings, plats, surveys, utility records, and other similar data. Absent specific written direction to the contrary, Engineer shall be entitled to rely upon the completion and accuracy of such documentation. 17. Third-Party Beneficiaries: It is recognized that the services performed by Engineer are for the benefit of the City and no other party. There are no third-party beneficiaries to this Agreement. 18. 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 ENGINEERING SERVICES AGREEMENT Page 4 of 17 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, selection for training, and the provision of services under this Agreement. 19. Compliance with Law. Engineer agrees to perform all work/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. 20. Executive Order 11246 Clause a. Engineer will not discriminate against any employee or applicant for employment because of race, creed, sex, color, or national origin. Engineer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Engineer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. b. Engineer will, in all solicitations or advertisements for employees placed by or on behalf of Engineer, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin. c. Engineer will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies and raw materials. d. Engineer will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. Engineer will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to Engineer's books, records, and accounts by the City, the Washington State Department of Community Development, and the U.S. Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. f. In the event of Engineer's noncompliance with the noncompliance provision clauses of this Agreement or with any such rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and Engineer may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or as otherwise provided by law. ENGINEERING SERVICES AGREEMENT Page 5 of 17 g. Engineer will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. Engineer will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event Engineer becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City, Engineer may request the United States to enter into such litigation to protect the interest of the United States. 21. Title VI of the Civil Rights Act of 1964 Clause: Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. This shall include compliance with all applicable provisions of the Regulations of the U.S. Department of Commerce (Part 8 of Subtitle 15 of the Code of Federal Regulations) issued pursuant to the Civil Rights Act of 1964. 22. Access to Records Clause: The City and other authorized representatives of the state and federal governments shall have access to any books, documents, papers, and records of Engineer which are directly pertinent to this Agreement for the purposes of making audits, examination, excerpt, and transcriptions. Engineer agrees to maintain such records and follow such procedures as may be required. In general, such records will include information pertaining to this Agreement, obligations and unobligated balances, assets and liabilities, outlays, equal opportunity, labor standards (as appropriate), and performance. All such records and all other records pertinent to this Agreement and work undertaken under this Agreement shall be retained by Engineer for a period of three years after the final audit of the City's project, unless a longer period is required to resolve audit findings or litigation. In such cases, the City shall request a longer period for record retention. The City and duly authorized officials of the state and federal government shall have full access to and the right to examine any pertinent documents, papers, records, and books of Engineer involving transactions related to this Agreement. 23. Section 109 of The Housing and Community Development Act of 1974 Clause: No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 24. Section 3 Compliance in the Provision of Training, Employment, and Business Opportunities Clause: ENGINEERING SERVICES AGREEMENT Page 6 of 17 a. The work to be performed under this Agreement may be on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701u. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given lower-income residents of the project area, and contract for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. b. The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, when required, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Agreement. c. Engineer will send to each labor organization or representative of workers with which Engineer has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of Engineer's commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. Engineer will include this Section 3 clause in every subcontract for work in connection with the project, when required, and will, at the direction of the applicant for, or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. Engineer will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the Agreement, may be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipients, its consultants and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 25. Interest of Members of a City: No member of the governing body of the City and no other officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program shall have any personal financial interest, direct or indirect, in this Agreement; and Engineer shall take appropriate steps to assure compliance. ENGINEERING SERVICES AGREEMENT Page 7 of 17 26. Interest of Other Public Officials: No member of the governing body of the locality and no other public official of such locality who exercises any functions or responsibilities in connection with the planning and carrying out of the program shall have any personal financial interest, direct or indirect, in this Agreement; and Engineer shall take appropriate steps to assure compliance. 27. Interest of Engineer and Employees: Engineer covenants that Engineer presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of services hereunder. Engineer further covenants that in the performance of this Agreement, no person having such interest shall be employed. 28. Personnel: Engineer represents that Engineer has, or will secure at its own expense, all personnel required in order to perform under this Agreement. Such personnel shall not be employees of or have any contractual relationship to the City. All services required hereunder will be performed by Engineer or under Engineer's supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state or local law to perform such services. 29. Copyright: No reports, maps, or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of Engineer. 30. Compliance with Laws and Requirements: Engineer shall comply with applicable laws, ordinances, and codes of the state and local government. Engineer will comply with and meet all usual and customary requirements of the State and Federal grant/loan programs for which the City has received or may receive funds for project development. Such State and Federal programs may include the H.U.D. — Community Development Block Grant program, U.S.D.A.— Rural Enterprise Community, Rural Empowerment Zone, State CTED — Public Works Trust Fund, WSDOT — Transportation Improvement Board, State WDOE — Centennial Clean Water Fund, State WDOE — Revolving Loan Fund, FHWA — Intermodal Surface Transportation Enhancement Act, U.S. Dept. of Commerce—Economic Development Administration, State CTED — Community Economic Revitalization Board, U.S.D.A. — Rural Community Development, and others. 31. Audits and Inspections: The City and the State Auditor, or their delegates, shall have the right to review and monitor the financial and other components of the work and services provided and undertaken as part of this Agreement, by whatever legal and reasonable means are deemed expedient by the City and the State Auditor. 32. Age Discrimination Act of 1975, As Amended: No person shall be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance (42 U.S.C. 610 et. seq.). ENGINEERING SERVICES AGREEMENT Page 8 of 17 33. Section 504 of the Rehabilitation Act of 1973, As Amended: No otherwise qualified individual shall, solely by reason of his or her handicap, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving federal funds (29 U.S.C. 794). 34. Public Law 101-336, Americans with Disabilities Act of 1990: Subject to the provisions of this title, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. 35. Non-Exclusive Agreement: The parties hereto agree that this Agreement is non- exclusive and the City may retain, employ, or contract with other engineering firms for work during the term of this Agreement in compliance with RCW 39.80. 36. No Insurance. It is understood the City does not maintain liability insurance for Engineer or its employees and subcontractors. 37. Indemnification and Hold Harmless. a. Engineer agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, officers, employees and agents from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorneys' fees and disbursements) caused by or occurring by reason of any negligent act and/ or omission of Engineer, its officers, employees, agents, and/or subcontractors, arising out of or in connection with the performance of this Agreement. b. In the event that both Engineer and the City are negligent, Engineer's liability for indemnification of the City shall be limited to the contributory negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) that can be apportioned to Engineer, its officers, employees, agents, and/or subcontractors. c. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 38. Insurance Provided by Engjneer. a. Commercial Liability Insurance. On or before the date this Agreement is fully executed by the parties, Engineer shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect that "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall name ENGINEERING SERVICES AGREEMENT Page 9 of 17 the City, its elected officials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect that "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). 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. b. Commercial Automobile Liability Insurance. On or before the date this Agreement is fully executed by the parties, Engineer shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect that "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect that "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). 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. c. Professional Liability Insurance. On or before the date this Agreement is fully executed by the parties, Engineer shall provide the City with a certificate of insurance as evidence of Professional Errors and Omissions Liability Insurance with coverage of at least One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate limit of at least One Million Dollars ($1,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before January 1, 1998, or shall provide full prior acts. The insurance coverage shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement. d. Insurance Provided by Subcontractors. Engineer shall ensure that all subcontractors it utilizes for work/services required under this Agreement shall comply with all of the above insurance requirements. 39. Delegation of Professional Services. The services provided for herein shall be performed by Engineer, and no person other than regular associates or employees of ENGINEERING SERVICES AGREEMENT Page 10 of 17 Engineer shall be engaged upon such work or services except upon written approval of the City. 40. 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. 41. No Conflict of Interest. Engineer represents that it or its employees do not have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. Engineer further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 42. 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. 43. 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. 44. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: TO CITY: Dir. Community and Economic Development City Hall 129 North 2nd Street Yakima, WA 98901 TO ENGINEER: Huibregtse, Louman Associates, Inc. 3800 Summitview Suite 100 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, or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 45. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 46. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. ENGINEERING SERVICES AGREEMENT Page 11 of 17 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF YAKIMA By: R. A. Zais, J City Manager DATE: 3 / 9 i ATTEST: HUIBREGTSE, LOUMAN ASSOCIATES, INC. By: DATE: City Clerk City Contract No. 99-35 Resolution No. R-99-31 William L. Huibregtse, P.E., President 3 -Z3 -9q ENGINEERING SERVICES AGREEMENT Page 12 of 17 EXHIBIT "A" ANTICIPATED PROFESSIONAL SERVICES Miscellaneous Services (i.e., Design, Preparation of Plans and Specifications, Engineering Studies, Feasibility Studies, etc.) On -Site Observation of Construction Plan Review Cost Estimating Funding Applications ENGINEERING SERVICES AGREEMENT Page 13 of 17 EXHIBIT "B" TASK ORDER NO. 1-1999 REGARDING GENERAL AGREEMENT BETWEEN CITY OF YAKIMA AND HUIBREGTSE, LOUMAN ASSOCIATES, INC. SCOPE OF SERVICES Municipal Engineering Services The ENGINEER shall provide municipal engineering services on an as -requested and as - needed basis upon the specific request of the City's Director of Community & Economic Development (DCED). Such services may include the following outlined work elements and tasks: 1. Proposed Elevated Railroad Project Assist the City in building relationships and commitments with other public and private interests. Be available to provide technical assistance to the City Grant Writer preparing funding applications. Negotiate with BNSF Railroad to begin proposed elevated rail project preliminary engineering report. 2. Railroad Whistle Ban Project Review BNSF Railroad's proposed asset management plan and assist City in coordinating City's participation in BNSF plans. Coordinate with BNSF Railroad and DOT on implementing Whistle Ban Project. Petition U.T.C. (Utilities and Transportation Commission) to issue an Order relieving BNSF Railroad of liability for not blowing whistles at street crossings. ENGINEERING SERVICES AGREEMENT Page 14 of 17 3. Support City Grant Writer Identify and submit applications for funding City street improvements for FY 2000 and beyond. 4. Development Regulations Assist DCED in establishing procedures and implementing Growth Management Act (GMA) regulations. 5. Technical Assistance Provide technical assistance with municipal engineering on an as -needed basis. TIME OF PERFORMANCE Huibregtse Louman Associates, Inc., will diligently pursue timely completion of assigned work elements upon receiving scope of work and notice to proceed from DCED. All services will be completed within a time mutually agreed upon by the CITY and the ENGINEER. FEE FOR SERVICES All work shall be performed on a time spent basis at the normal hourly billing rates included in our General Agreement plus reimbursement for subconsultant, travel, and reproduction costs, up to a maximum amount of $18,000.00. Proposed: Approved: ;it"0:.131'10€; °:O: Huibregtse, Louman Associates, Inc. Date William L. Huibregtse, President A611` Ci - of Yakima Date 3'/7 - Richard A. Zais, Jr, City Manager 99-35 R-99-31 ENGINEERING SERVICES AGREEMENT Page 15 of 17 EXHIBIT "C" SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. (January 1, 1999, Through December 31, 1999) Principal Engineer $106.00 per hour Licensed Professional Engineer $86.00 per hour Licensed Professional Land Surveyor $81.00 per hour Project Engineer $73.00 per hour CAD Technician $63.00 per hour Resident Engineer/Inspector $60.00 per hour Senior Engineering Technician $48.00 per hour Engineering Technician $42.00 per hour Word Processing Technician 542.00 per hour Two Man Survey Party $116.00 per hour Vehicle Mileage 0.30 per mile ENGINEERING SERVICES AGREEMENT Page 16 of 17 EXHIBIT "C" SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. (January 1, 2000, Through December 31, 2000) Principal Engineer $109.00 per hour Licensed Professional Engineer $89.00 per hour Licensed Professional Land Surveyor $83.00 per hour Project Engineer $75.00 per hour CAD Technician $65.00 per hour Resident Engineer/ Inspector $62.00 per hour Senior Engineering Technician $49.00 per hour Engineering Technician $43.00 per hour Word Processing Technician $43.00 per hour Two Man Survey Party $119.00 per hour Vehicle Mileage 0.30 per mile ENGINEERING SERVICES AGREEMENT Page 17 of 17 17HK-1 U-yy Wr.11 U8 :4b H(1 hU ltiKt.lr I bt. LUUfIHN HSdUtj MX NU. SUa6nit3UU r. UC/u, EXHIBIT "B" TASK ORDER NO. 1-1999 REGARDING GENERAL AGREEMENT BETWEEN CITY OF YAKIMA AND HUIBREGTSE, LOUMAN ASSOCIATES, INC. SCOPE OF SERVICES Municipal Engineering Services The ENGINEER shall provide municipal engineering services on an as -requested and as -needed basis upon the specific request of the CITY's Director of Community & Economic Development (DCED). Such services may include the following outlined work elements and tasks: 1. Proposed EIevated Railroad Pro'ect • Assist the City in building relationships and commitments with other public and private interests. • Be available to provide technical assistance to the City Grant Writer preparing funding applications. • Negotiate with BNSF Railroad to begin proposed elevated rail project preliminary engineering report. 2. Railroad Whistle Ban Proiect • Review BNSF Railroad's proposed asset management plan and assist City in coordinating City's participation in BNSF plans. • Coordinate with BNSF Railroad and DOT on implementing Whistle Ban Project. • Petition U.T.C. (Utilities and Transportation Commission) to issue an Order relieving BNSF Railroad of liability for not blowing whistles at street crossings. 3. Support City Grant Writer YKJ3-35.wpd HLA Job No. 39011 • Identify and submit applications for funding City street improvements for FY 2000 and beyond. 1 CIRk-1U-Sy WEi) Afl HU113Kt.G1Sb. LUUf fiN ASSUJ t•AX NU. 5Uyyb5�tSUU 1'. U3/1.1.1 4. Development Regulations • Assist DCED in establishing procedures and implementing Growth Management Act (GMA) regulations. 5. Technical Assistance ® Provide technical assistance with municipal engineering on an as -needed basis. TIME OF PERFORMANCE Huibregtse Louman Associates, Inc., will diligently pursue timely completion of assigned work elements upon receiving scope of work and notice to proceed from DCED. All services will be completed within a time mutually agreed upon by the CITY and the ENGINEER. FEE FOR SERVICES An work shall be performed on a time spent basis at the normal hourly billing rates included in our General Agreement plus reimbursement for subconsuitant, travel, and reproduction costs, up to a maximum amount of $18,000.00. Proposed: Approved: Huibregtse, Louman Associates, Inc. William L. Huibregtse, President City •f Yakima Ric and A. Zais, Jr, City Manager Cirt v CONTRACT No: 9 9— 35 RESOLUTION! 40: R— 9 9— 31 YKJ3-35.wpd HLA Job No. 99011 2 .2-117-`35) Date 3—/ Date