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HomeMy WebLinkAboutR-2005-067 Huibregtse Louman Associates, Inc. AgreementRESOLUTION NO. R 2005 - 67 A RESOLUTION authorizing and directing the City Manager to execute a professional services agreement between the City of Yakima and Huibregtse, Louman Associates Inc. for professional engineering services related to the removal of Miller Park pool and the "construction of a basketball court area in its place. WHEREAS, the City of Yakima desires to remove the Miller Park pool and construct basketball court(s) in its place; and WHEREAS, the City desires to engage Huibregtse, Louman Associates on a contract basis to perform project management, design, and final plans and specification engineering services related to that work; and WHEREAS, Huibregtse, Louman Associates has the experience and expertise necessary to provide said services and is willing to do so in an amount not to exceed $16,211 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 the attached agreement with Huibregtse, Louman Associates for professional engineering services related to improvements to Miller Park, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated "Agreement between City of Yakima, Washington and Huibregtse, Louman Associates, Inc. for Professional Services" with Huibregtse, Louman Associates Inc. for professional engineering services related to the removal of the Miller Park pool and the construction of basketball court(s) in its place. ADOPTED BY THE CITY COUNCIL this 3rd day of May, 2005. ATTEST: Paul P. George, Mayor City Clerk AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND HUIBREGTSE, LOUMAN ASSOCIATES, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this0 day of /WA-/ 2005, by and between the City of Yakima, Washington, with principal offices at 129 North Second Street, Yakima, WA 98901, hereinafter referred to as "CITY," and HUIBREGTSE, LOUMAN ASSOCIATES, INC., 801 North 39th Avenue, Yakima, WA 98902, and which corporation and its principal engineers performing this Agreement are licensed and registered to do business in the State of Washington, hereinafter referred to as "ENGINEER," for the MILLER PARK RENOVATION PROJECT (located at 502 North Fourth Street), herein called the "PROJECT." WITNESSETH: RECITALS WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and construction engineering for the demolition and removal of the swimming pool and pool house and for the construction of a new basketball court in the area of the old swimming pool. WHEREAS, ENGINEER represents that it has available and offers to provide personnel with expertise 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 use its best efforts to maintain continuity in personnel and shall assign Dennis J. Whitcher, PE, as Project Manager and William L. Huibregtse, PE, 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 "City of Yakima — MILLER PARK RENOVATION PROJECT" which is part of this Agreement as if fully set forth herein. G:WAN\YAKI MA -J C4\87.wpd HLA Project No. 05054 1 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 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." 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 will be negotiated by the CITY and the ENGINEER according to the provisions set forth in Exhibit B 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 receipt by the ENGINEER of the written notification of change or of providing services related to an asserted change, whichever is earliest. SECTION 3 CITY'S RESPONSIBILITIES 3.1 CITY -FURNISHED DATA AND RESPONSIBILITY OF CITY: The CITY will provide to the ENGINEER or perform the following: a. Provide full information as to CITY requirements of the Project b. Assist the ENGINEER by placing at his disposal all available information pertinent to the Project including previous reports, record drawings, original design plans and specifications, electronic drawings, plats, surveys, utility records, and any other data relative to design and construction of the Project. c. Obtain all rights of way and easements necessary to construct the PROJECT. d. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals, and other documents presented by the ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the work of the ENGINEER. e. Advertise for hearings and proposals for bidders, open the proposals at the appointed time and place, and pay for all costs incidental thereto. f. Obtain approval of all governmental authorities having jurisdiction over the Project and such approvals and consents from such other individuals or bodies as may be necessary for completion of the Project. 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. G:\JAN\YAKI MA-JC4\87.wpd HLA Project No. 05054 2 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 meeting the standards of care for its profession. 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 therefrom. 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 5.1 COMPENSATION ON ATIME 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 on a time spent basis plus reimbursement for direct non -salary expenses. 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 when furnished by commercial sources and on the basis of current rates when furnished by ENGINEER. Estimated Direct Non -Salary Expenses are shown in Exhibit B. 5.1.1.2 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 G:UAN\YAKI MAJ C4\87.wpd HLA Project No. 05054 3 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 $40 per day per person This rate may be adjusted on a yearly basis. -3 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 1.10 times the actual costs billed by the Professional Subconsultant 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 that amount set forth in Exhibit B. 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 will use its best efforts to submit to the City's Representative by the 10th day of each calendar month an invoice 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 a summary of time expended on the PROJECT for the current billing period, copies of subconsultant invoices, and any other supporting materials determined by the City necessary to substantiate the costs incurred. 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 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). G:\JAN\YAKI MA -J C4\87.wpd HLA Project No. 05054 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 claims against CITY arising under or by virtue of this Agreement, other than such 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 according to generally accepted civil engineering standards of care and consistent with achieving the PROJECT WORK within budget, on time, and in compliance with applicable laws, regulations, and permits. 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 subcontrac- tors, 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's employees, agents, and representatives, including subconsultants and subcontractors, and shall save and hold CITY harmless therefrom. 6.4 INDEMNIFICATION: (a) ENGINEER agrees to indemnify, defend, and hold the CITY harmless from loss, cost, or expense, including legal fees, 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 ENGINEER, its employees, officers, and subconsultants in connection with the PROJECT. In the event that any lien is placed upon the property of the CITY 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 at once cause the same to be dissolved and discharged by giving bond or otherwise. G:\JAN\YAKIMA-JC4\87.wpd 5 HLA Project No. 05054 (b) CITY agrees to indemnify, defend, and hold the ENGINEER harmless from Toss, cost, or expense, including legal fees, 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 Toss, 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. 6.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Agreement shall not be limited, in any way by any limitation on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other employee benefit acts. The ENGINEER waives its immunity under the Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the ENGINEER and the CITY as evidenced by their specific and express initialing of this paragraph. ENGINEER'S INITIALS �% `� CITY'S INITIAL 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 specifica- tions 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 the safety of construction work, 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 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 days after execution of this Agreement. The performance dates and bud- gets 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 G:WAN\YAKIMA-JC4\87.wpd 6 HLA Project No. 05054 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. 7.2 Not later than the tenth day of each calendar month during the performance of the PROJECT, the ENGINEER shall submit to the CITY'S Representative a copy of the current schedule and a 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. Such documents are not intended nor represented to be suitable for reuse by Owner or others on extensions of the Specific Project for which they were prepared or on any other project. Any such reuse or modification without written verification or adaptation by Engineer, as appropriate for the specific purpose intended, will be at OWNER's sole risk and without liability or legal exposure to ENGINEER or to ENGINEER's consultants. 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 limitations litigation expenses and attorney fees where caused by the ENGINEER's own 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. 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. 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 documenta- tion on the pertinent portions of the draft audit report and that the final audit report will include written comments, if any, of the ENGINEER. G:\JAN\YAKIMA-JC4187.wpd 7 HLA Project No. 05054 9.4 The ENGINEER shall ensure that substantially the foregoing paragraphs are included in each subcontract for WORK on the Project. 9.5 Any charges of the ENGINEER paid by the CITY found by an audit to be inadequately substantiated shall be reimbursed to the CITY. SECTION 10 INSURANCE 10.1 Prior to beginning WORK under this Agreement, the ENGINEER shall provide Certificates of Insurance satisfactory to the CITY as evidence that policies providing the following coverage and limits of insurance are in full force and effect. The CITY and the CITY'S officers, principals, employees, representatives, and agents shall be designated as additional insured on all such policies except for professional liability and Worker's Compensation. Such insurance shall be primary to the extent covered as additional insureds and other insurance maintained or carried by the CITY shall be separate and distinct and shall not be contributing with the insurance listed hereunder. ENGINEER's insurance carrier shall be rated A -VII, or better, in the State of Washington. 10.1.1 Comprehensive general liability insurance, including personal injury liability, blanket contractual liability, and broad -form property damage liability coverage. The combined single limit for bodily injury and property damage shall be not less than $1,000,000 per occurrence. 10.1.2. Automobile bodily injury and property damage liability insurance covering owned, non -owned, rented, and hired cars. The combined single limit for bodily injury and property damage shall be not less than $1,000,000 per occurrence. 10.1.3. state law. 10.1.4. $1,000,000. Statutory workers' compensation and employer's liability insurance as required by Professional liability insurance. The limit of liability shall be not less than 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 represen- tatives thereunder. The CITY and the CITY'S 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 so as to affect the rights of the City thereunder until thirty (30) days after written notice to the CITY of such intended cancellation, expiration, or change. 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 G:\JAN\YAKI MA-JC4\87.wpd HLA Project No. 05054 8 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 The ENGINEER shall submit, along with its monthly invoices, a description of all 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. 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 that 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 effect. Venue of all disputes shall be Yakima County, State of Washington. SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION 15.1 In connection with the 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 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: G:UAN\YAKIMA-J C4\87.wpd HLA Project No. 05054 9 (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 subparagraph A of this Section, CITY may terminate this Agreement for its convenience, in whole or in part, provided the ENGINEER is given: (1) not Tess 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. 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 other- wise), and (2) deliver or otherwise make available to CITY all originals of data, drawings, speci- fications, calculations, reports, estimates, summaries, and such other information, documents, and materials as the ENGINEER or its subconsultants may have accumulated or prepared in per- forming 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. G: WAN\YAK I MA -J C4\87.wpd HLA Project No. 05054 10 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 ARBITRATION 18.1 All claims, counterclaims, disputes, and other matters in question arising out of, or relating to, this AGREEMENT or the breach thereof may be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. Either CITY or ENGINEER may initiate a request for such arbitration, but consent of the other party to such arbitration shall be a necessary precondition to arbitration. 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 hours after mailing by certified mail to the place of business set forth below, whichever is earlier. CITY: City of Yakima 2301 Fruitvale Boulevard Yakima, WA 98902 Attn: Mr. Chris Waarvick, Public Works Director ENGINEER: HUIBREGTSE, LOUMAN ASSOCIATES, INC. 801 North 39'h Avenue Yakima, WA 98902 Attn: William L. Huibregtse, PE, Principal -in -Charge G:WAN\YAKI MAJC4\87.wpd NIA Project No. 05054 11 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 OF YAKIMA HUIBREGTSE, LOUMAN ASSOCIATES, INC. Signature l Signature Richard A. Zais, Jr. William L. Huibregtse (Printed Name) Title: City Manager Date: Attest City Clerk CITY CONTRAC r NO: RESOLUTION NO: G:UAN\YAKI MA-JC4\87.wpd HLA Project No. 05054 (Printed Name) Title: President Date: `f- 2? -oS 12 STATE OF WASHINGTON ss. COUNTY OF YAKIMA ) I certify that I know or have satisfactory evidence that/60h6Lrd 4, 24>s is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath sjfated that he/she was authorized to execute the instrument, and acknowledged it as the ®'Y / , of CITY OF YAKIMA to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 6-- d Seal or Stamp G:UAN\YAKI MA-JC4187.wpd FILA Project No. 05054 g :ture) ,y Title Z(...)../92-...4771/15 � / /�- //V12/3 %= 1VJ9% /�//1l,5 Printed Name My commission expires: ,..9-/45--462 13 STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that William L. Huibregtse, PE, is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the President of Huibregtse, Louman Associates, Inc., to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. ;)4a (77, y3 Dated: Seal or Stamp G:UA N\YA K I MA -J C4\87. wpd HLA Project No. 05054 Tit i/6"e ra-11zehrA-i , Narki)/Va_k-- Printed Name My commission expires: t A-94 14 EXHIBIT A CITY OF YAKIMA — MILLER PARK RENOVATION PROJECT SCOPE OF WORK During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection with the following project: City of Yakima - Miller Park Renovation Project This scope of work shall include the furnishing of all services, labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the work as indicated hereinafter. The work to be performed involves design engineering, preparation of plans, specifications, and estimates for the project. 1. PROJECT MANAGEMENT A. Project Management. The project manager will coordinate ENGINEER's design team to ensure that the work is completed on schedule, is technically competent, and meets the CITY's needs. The project manager will provide overall project management for ENGINEER's work elements including progress reports and invoicing. B. Project Meetings. Attend up to two (2) project meetings in Yakima with CITY Staff to coordinate the design aspects of the project with the CITY. 2. DESIGN AND FINAL PLANS AND SPECIFICATIONS A. Perform field surveying necessary to supplement existing pre -design data for the design of identified improvements. Note: The services of a subconsultant special- izing in hazardous environmental conditions to perform a site evaluation and report regarding the presence of asbestos, PCBs, petroleum, hazardous waste, or radioactive materials and to provide recommendations to abate, remediate, or remove the hazardous environmental condition are not included in this proposal. B. Since the presence of hazardous environmental conditions are unknown at this time, the extent of services required by ENGINEER to specify their removal and disposal cannot be determined. Services of ENGINEER to incorporate the recom- mendations of the environmental subconsultant into the Contract Documents will be performed as Additional Services in accordance with Section 2.2. C. Perform the preliminary design and present preliminary plans to the CITY prior to detailing final Plans. Design to include the following: G:WAN\YAKI MAJC4\87.wpd HLA Project No. 05054 1. Demolition and removal of the existing pool house structure, pumps, piping, electrical service and related appurtenances. 2. Demolition of the existing swimming pool by breaking the concrete floor in place to provide for drainage and by breaking the top 3 to 4 feet of the walls and placing them in the pool area, to the extent 15 practicable, to minimize Targe void areas and to facilitate proper backfilling of the pool. 3. Backfilling and compacting the pool area with structural fill material. 4. Remove the adjacent surrounding concrete pool deck. 5. Grade and compact the pool area and surrounding deck area. 6. Place crushed surfacing aggregate material as required to achieve desired elevation and pave the area with 2" of Hot Mix Asphalt for the basketball court and surrounding sideline area. 7. Size of the basketball court area(s) to be typical high school size (94' x 50'), space permitting. 8. Detail striping layout for the basketball court. 9. Consult with City Parks Department and specify backboards and hoops. 10. Specify 6' high chain link fencing around perimeter of basketball court area(s). D. On the basis of approved preliminary plans, perform the final design and prepare complete Plans and Specifications for bid call on the proposed work, as authorized by the CITY. E. Furnish the CITY thirty (30) copies of the final Plans and Specifications for bidding and construction. F. Furnish to the CITY engineering data for and assist in the preparation of the required documents so that the CITY may secure approval of such governmental authorities as have jurisdiction over design criteria applicable to the Project. G. Answer and supply such information as is requested by prospective bidders. H. Prepare and issue addenda, if necessary. Prepare the Engineer's Estimate of construction cost. J. Attend bid opening and participate in the bid opening and evaluation process. K. Prepare tabulation of all bids received by the CITY and review bidder's qualifications. L. Make recommendation of construction contract award to the lowest responsible bidder. The following professional services work for this project (SERVICES DURING CONSTRUCTION) is provided for information only at this time. The scope and cost of SERVICES DURING CONSTRUCTION professional services are intended to be negotiated and incorporated into this agreement by supplement/addendum at a later date with the mutual agreement of CITY and ENGINEER: 3. SERVICES DURING CONSTRUCTION A. Furnish the field survey crew necessary to set horizontal and vertical control for the improvements authorized for construction. G:WANIYAKI MA-JC4187.wpd HLA Project No. 05054 16 B. Furnish a qualified resident engineer who shall make construction observations and be on the job at all times that significant work is in progress, whose duty shall be to provide surveillance of project construction for substantial compliance with Plans and Specifications. C. Prepare progress reports on the Project and file same with the CITY and provide monthly progress estimates to the CITY. D. Consult and advise the CITY during construction and make a final report of the completed work. E. Monitor the construction contractor's compliance with State labor standards. F. Review Contractor's submission of samples and shop drawings, where applicable. G. Recommend progress payments for the construction contractor to the CITY. H. Prepare and submit proposed contract change orders when applicable. Prepare and furnish reproducible record drawings of all completed work from as - built drawings furnished by the CITY's construction contractor. G:\JAN\YAKI MA-JC4\87.wpd HLA Project No. 05054 17 EXHIBIT B Miller Park Renovation Project Professional Fees Compensation for professional services will be on a time spent basis at the specific hourly rates shown on Exhibit C, plus reimbursement for direct non -salary expenses. The following spreadsheet shows the estimated time and expenses to perform design engineering, plans, specifications, and estimate for this Miller Park Renovation Project. The maximum amount of compensation to the ENGINEER for this work will be $16,211.00. This maximum amount will not be exceeded without the written agreement of the CITY and the ENGINEER. PROJECT TITLE: Miller Park Renovation Project CLIENT CITY OF YAKIMA JOB NUMBER: Huibregtse, Louman Associates, Inc. DATE. April 20, 2005 ENGINEER'S HOURLY ESTIMATE TASK NO PROJECT TASK Principal Engineer Licensed Prof. Engineer Licensed Land Surveyor UAL) Operator 2 -Man Survey Crew Clerical TOTAL HRS IASK DIRECT COSTS $127 $105 $97 $76 $140 $51 1 PROJECT MANAGEMENT A Project Management 4 2 0 0 0 0 6 718.00 B Project Meetings 2 4 0 0 0 0 6 674 00 C Public Meetings 0 0 0 0 0 0 0 000 00 2 DESIGN AND FINAL PLANS, SPECIFICATIONS, & ESTIMATE A Field surveying and site visit 0 4 2 2 4 0 12 1,326.00 B Perform the preliminary design 2 16 2 24 2 6 52 4,538 00 C In-house project review, quality control 1 2 0 0 0 1 4 388.00 D Incorporate Agency Review comments 2 4 0 8 0 2 16 1,384 00 E Final design, Plans, and Specifications 2 8 0 12 0 4 26 2,210 00 F Furnish copies of Plans and Specifications 0 1 0 0 0 2 3 207 00 G Furnish engineering data for approvals 0 1 0 0 0 1 2 156.00 H Answer bidders questions 1 4 0 0 0 0 5 547 00 I Prepare and issue addenda 1 4 0 0 0 2 7 649.00 J Prepare Estimate of construction cost 1 4 0 2 0 1 8 750.00 K Attend bid opening 2 2 0 0 0 0 4 464 00 L Prepare tabulation of bids 0 2 0 0 0 2 4 312.00 M Make recommendation of construction contract award 1 2 0 0 0 1 4 388.00 G:\JAN\YAKI MA-JC4\87.wpd HLA Project No. 05054 18 Labor Subtotal 19 60 4 54 10 22 1691 14,711 00 EXPENSES: hours $/hr Computers: 0.00 Travel: Cost/ Unit Air Trips Ground Trp. Days Trip Miles Air Travel $0.00 0 00 Mileage $0.32 0.00 Meals/Lodging $0.00 0.00 Misc. expenses: FAX 0 00 TELEPHONE 0.00 POSTAGE 0.00 OUTSIDE PRINTING 1,500.00 SUB -CONSULTANTS: 0 00 Subtotal - Labor 14,711 00 Subtotal - Expenses 1,500.00 Subtotal - Subconsultants 0.00 Total - DESIGN AND FINAL PLANS AND SPECIFICATIONS $16,211.00 G:\J A N \YAK I MA -J C4\87. wpd HLA Project No. 05054 19 EXHIBIT "C" SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. (January 1, 2005, Through December 31, 2005) Principal Engineer $127.00 per hour Licensed Professional Engineer $105.00 per hour Licensed Professional Land Surveyor $97.00 per hour Project Engineer $88.00 per hour CAD Technician $76.00 per hour Resident Engineer/Inspector $72.00 per hour Surveyor $72.00 per hour Senior Engineering Technician $58.00 per hour Engineering Technician $51.00 per hour Word Processing Technician $51.00 per hour Two Man Survey Party $140.00 per hour Three Man Survey Party $182.00 per hour Vehicle Mileage $0.32 per mile Global Positioning Survey System Fee $72.00 per hour G: W A MYAK I M AJ C4\87.w pd HLA Project No. 05054 20 EXHIBIT "C" SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. (January 1, 2006, Through December 31, 2006) Principal Engineer $131.00 per hour Licensed Professional Engineer $109.00 per hour Licensed Professional Land Surveyor $100.00 per hour Project Engineer $91.00 per hour CAD Technician $79.00 per hour Resident Engineer/Inspector $75.00 per hour Surveyor $75.00 per hour Senior Engineering Technician $60.00 per hour Engineering Technician $53.00 per hour Word Processing Technician $53.00 per hour Two Man Survey Party $145.00 per hour Three Man Survey Party $188.00 per hour Vehicle Mileage $0.34 per mile Global Positioning Survey System Fee $75.00 per hour G:\JAN\YAKI MA-JC4\87.wpd HLA Project No. 05054 21 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: May 3, 2005 ITEM TITLE: Consideration of a resolution authorizing execution of a professional services agreement between the City of Yakima and Huibregtse, Louman Associates, Inc. for design and other engineering services for the removal of Miller Park pool and the construction of basketball court(s) in its place. SUBMI I ED BY: Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANATION: On April 5, 2005, the City Council provided staff a series of directions with regards to the Community's "neighborhood" pools. These directions were based upon information provided by City staff and recommendations from the Budget Strategy Team and the Parks Commission. Specifically, with respect to Miller Pool, the City Council directed staff to demolish the pool and the associated outbuildings, and construct basketball court facilities over the "foot print" of the pool. The attached resolution authorizes the City Manager to execute a Professional Services Agreement with Huibregtse, Louman Associates, Inc. (HLA) for the design through bidding services for an amount of approximately $16,000. Construction management services would be negotiated at a future time if desired. (Continued on next page.) Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Funding Source: $16,211-- REET 1 APPROVED FOR SUBMITTAL: �City Manager STAFF RECOMMENDATION: Staff respectfully recommends City Council adopt the Resolution authorizing the City Manager to execute a Professional Services Agreement with Huibregtse Louman Associates, Inc. for the design and other engineering services for Miller Park Pool demolition and improvements. BOARD/COMMISSION RECOMMENDATION: The Parks and Recreation Commission and the Budget Strategy Team (BST) recommend demolition of Miller Pool and construction of basketball facilities in 2005. COUNCIL ACTION: More citizens spoke against closing Miller Pool. (Petition #05-01 submitted) Resolution adopted. RESOLUTION NO. R-2005-67 HLA Miller Pool Demolition May 3, 2005 Page two One item of note is that the large brick structure on the south end of the pool complex will not be demolished under the current "scope of work" as it appears there is interest to use this structure under the auspices of the Police Athletic League (PAL) for youth services. In the event that the rayC'i+y C'oi-in.-i1 s es elei elfish the suuctlure, HLA es Cates it will cost at legit an add�tion�l a..v t.l.L L� s! iv'lal L6.J to aaa,llLv $20,000. Subsequent to the bid opening of the project, staff will return to Council with an appropriation ordinance amending the 2005 REPT 1 budget flV 1 1 d budgetrefl ectng necessary funding. AThere are currently sufficient toobli Ate& appropriations iL., fund L,C preliminary GSgineerllh, wort-. AGREEMENT FOR PROFESSIONAL SERVICES ADDENDUM NO. 1 This Addendum, hereinafter identified as Addendum No. 1, is hereby entered into and made a part of the Agreement between City of Yakima, Washington, and Huibregtse, Louman Associates, Inc., for Professional Services first entered into on the 5th day of May 2005, by the CITY OF YAKIMA, hereinafter called the "CITY," and HUIBREGTSE, LOUMAN ASSOCIATES, INC., hereinafter called the "ENGINEER." WHEREAS, the City Council of the CITY at their meeting on May 3, 2005, approved the scope of improvements for the construction phase of the Miller Pool Renovation Project and the CITY now wishes to engage professional services during the construction phase of the project, WITNESSETH: That in consideration of the mutual covenants and agreements herein contained, the parties hereto do mutually agree to amend, revise, and/or add the following to the referenced Agreement: SECTION 2 SCOPE OF SERVICES 2.1 Basic Services: ENGINEER agrees to perform additional work tasks described in the attached Addendum No. 1 Exhibit A. SECTION 5 COMPENSATION 5.1 COMPENSATION ON A TIME SPENT BASIS: For the services described in the attached Addendum No. 1 Exhibit A, compensation shall be on a time spent basis at specific hourly rates plus direct non -salary costs for the services shown on the attached Addendum No. 1 Exhibit B up to a maximum amount of $9,990.00. This maximum amount may not be increased without the written agreement of the CITY and the ENGINEER. SECTION 7 PROJECT SCHEDULE AND BUDGET Add the following: "7.4 The ENGINEER shall perform the services during construction within the CITY's construction contract completion time set out in the construction contract documents." G:\JAN\YAKI MA -J C5\04.wpd HLA Project No. 05054-C Page 1 of 5 IN WITNESS WHEREOF the parties hereto duly enter into and execute this Addendum No. 1, as of this 0/5T day of Au6usr , 2005. CITY OF YAKIMA HUIBREGTSE, LOUMAN ASSOCIATES, INC. • Signature Signature Printed Name: Printed Name: Richard A. Zais, Jr. William L. Huibregtse Title: City Manager Date: OS Au -m/6 /--mN6 Title: President Date: k City Contract No. 2005-46 Resolution No. R-2005-67 G:\JAN\YAK I MA -J C5\04.wpd HLA Project No. 05054-C Page 2 of 5 ADDENDUM NO. 1 EXHIBIT A CITY OF YAKIMA - MILLER PARK RENOVATION PROJECT SCOPE OF WORK SERVICES DURING CONSTRUCTION During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection with the following project: City of Yakima - Miller Park Renovation Project This scope of work shall include the furnishing of all services, labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the work as indicated hereinafter. 3. SERVICES DURING CONSTRUCTION A. Furnish the field survey crew necessary to set the initial, one-time horizontal and vertical control for the improvements authorized for construction. The CITY's Construction Contractor is responsible for all other construction staking. B. Furnish a qualified resident engineer who shall make periodic (part-time) construc- tion observations, and whose duty shall be to provide observation of project con- struction for substantial compliance with Plans and Specifications. C. Prepare progress reports on the Project and file same with the CITY and provide monthly progress pay estimates to the CITY. D. Consult and advise the CITY during construction and make observation reports of the completed work and minutes of weekly meetings. E. Monitor the Construction Contractor's compliance with State labor standards. F. Review Contractor's submission of samples and shop drawings, where applicable. G. Review Contractor's materials testing reports. H. Prepare and submit proposed contract change orders when applicable. I. Assist in obtaining reproducible record drawings of all completed work to be prepared by the CITY's Construction Contractor. G:\JAN\YAKI MA -JC 5104.wpd Page 3 of 5 ADDENDUM NO. 1 EXHIBIT B MILLER PARK RENOVATION PROJECT Professional Fees Compensation for professional services for Services During Construction will be on a time spent basis plus direct non -salary costs. The following spreadsheet shows the estimated time and expenses to perform these Services During Construction. The maximum amount of compensation to the ENGINEER for Services Dur- ing Construction will be $9,990.00. This maximum amount will not be exceeded without the written agreement of the CITY and the ENGINEER. PROJECT TITLE. MILLER PARK RENOVATION PROJECT CLIENT CITY OF YAKIMA JOB NUMBER: 05054-C Huibregtse, Louman Associates, Inc. DATE. August 30, 2005 ENGINEER'S HOURLY ESTIMATE TASK NO PROJECT TASK Principal Engineer Prof ' Land Surveyor I Resident Engineer CAD Operator 2 -Man Surveys Clerical TOTAL HRS TASK DIRECT COSTS $127 $97 i $72 $76 $140 $51 SERVICES DURING CONSTRUCTION FOR KIWANIS PARK DEVELOPMENT 7 Project Management 4 0 0 0 0 2 6 610.00 7A Survey Control 0 4 0 2 8 0 14 1,660.00 7B Construction Observation 3 0 60 0 0 0 63 4,701.00 7C Progress Estimates 2 0 j 5 0 0 4 11 818.00 7D Final Construction Review 1 0 2 0 0 0 3 271 00 7E Labor Standards Review 0 0 4 0 0 2 6 390.00 7F Shop Drawing Review 2 0 i 0 0 0 0 2 254.00 7G Materials Testing Review 1 0 ; 4 0 0 0 5 415.00 7H Prepare Change Orders 1 0 ! 2 0 0 2 5 373.00 71 Record Drawings 0 0 2 2 0 2 6 398.00 Labor Subtotal 14 4 79 4 8 12 121 9,890.00 EXPENSES. hours $/hr Computers: 0.00 G:\JAN\YAKI MA -J C5\04.wpd Page 4 of 5 TASK NO PROJECT TASK Principal Engineer Prof. Land Surveyor Resident Engineer CAD Operator 2 -Man Surveys Clerical TOTAL HRS TASK DIRECT COSTS $127 $97 $72 $76 $140 I $51 Travel: Cost/ Unit Air Trips Ground Trp. Days Trip Miles Air Travel $0.00 0.00 Mileage $0.00 0.00 Meals/Lodging $0.00 0.00 Misc. expenses: FAX 0.00 TELEPHONE 0.00 POSTAGE 0.00 PRINTING 100.00 SUB -CONSULTANTS: Subtotal - Labor 9,890.00 Subtotal - Expenses 100.00 Subtotal - Subconsultants 0.00 Total - SERVICES DURING CONSTRUCTION $9,990 00 G:\JAN\YAKIMA-JC5\04 wpd Page 5 of 5 STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that/',(h rd A, 2.4is is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath s ted that he/she was authorized to execute the instrument, and acknowledged it as the iry / tI, -cam of CITY OF YAKIMA to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: ,O6---66-- Seal .$=D6-- Seal or Stamp G:UAN\YAK I MA-JC4\87.wpd HLA Project No. 05054 ture) /t).07 -19-i9/ Title �� /� /�- /ND1/9 A (J)gTx/,Y,s Printed Name My commission expires: Y,rJf�f��c� 13 STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that William L. Huibregtse, PE, is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the President of Huibregtse, Louman Associates, Inc., to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. 26'3SDated: �/)//�-f c2 17, 02.0o).6--- Seal eal or Stamp G:UAN\YAK I MA-JC4\87.wpd HLA Project No. 05054 nature) ice Tit isq Cliarkm7f4Att„ Printed Name My commission expires: (//04 14 EXHIBIT A CITY OF YAKIMA — MILLER PARK RENOVATION PROJECT SCOPE OF WORK During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection with the following project: City of Yakima - Miller Park Renovation Project This scope of work shall include the furnishing of all services, labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the work as indicated hereinafter. The work to be performed involves design engineering, preparation of plans, specifications, and estimates for the project. 1. PROJECT MANAGEMENT A. Project Management. The project manager will coordinate ENGINEER's design team to ensure that the work is completed on schedule, is technically competent, and meets the CITY's needs. The project manager will provide overall project management for ENGINEER's work elements including progress reports and invoicing. B. Project Meetings. Attend up to two (2) project meetings in Yakima with CITY Staff to coordinate the design aspects of the project with the CITY. 2. DESIGN AND FINAL PLANS AND SPECIFICATIONS A. Perform field surveying necessary to supplement existing pre -design data for the design of identified improvements. Note: The services of a subconsultant special- izing in hazardous environmental conditions to perform a site evaluation and report regarding the presence of asbestos, PCBs, petroleum, hazardous waste, or radioactive materials and to provide recommendations to abate, remediate, or remove the hazardous environmental condition are not included in this proposal. B. Since the presence of hazardous environmental conditions are unknown at this time, the extent of services required by ENGINEER to specify their removal and disposal cannot be determined. Services of ENGINEER to incorporate the recom- mendations of the environmental subconsultant into the Contract Documents will be performed as Additional Services in accordance with Section 2.2. C. Perform the preliminary design and present preliminary plans to the CITY prior to detailing final Plans. Design to include the following: G:UAN\YAKI MAJC4\87.wpd HLA Project No. 05054 1. Demolition and removal of the existing pool house structure, pumps, piping, electrical service and related appurtenances. 2. Demolition of the existing swimming pool by breaking the concrete floor in place to provide for drainage and by breaking the top 3 to 4 feet of the walls and placing them in the pool area, to the extent 15 practicable, to minimize large void areas and to facilitate proper backfilling of the pool. 3. Backfilling and compacting the pool area with structural fill material. 4. Remove the adjacent surrounding concrete pool deck. 5. Grade and compact the pool area and surrounding deck area. 6. Place crushed surfacing aggregate material as required to achieve desired elevation and pave the area with 2" of Hot Mix Asphalt for the basketball court and surrounding sideline area. 7. Size of the basketball court area(s) to be typical high school size (94' x 50'), space permitting. 8. Detail striping layout for the basketball court. 9. Consult with City Parks Department and specify backboards and hoops. 10. Specify 6' high chain link fencing around perimeter of basketball court area(s). D. On the basis of approved preliminary plans, perform the final design and prepare complete Plans and Specifications for bid call on the proposed work, as authorized by the CITY. E. Furnish the CITY thirty (30) copies of the final Plans and Specifications for bidding and construction. F. Furnish to the CITY engineering data for and assist in the preparation of the required documents so that the CITY may secure approval of such governmental authorities as have jurisdiction over design criteria applicable to the Project. G. Answer and supply such information as is requested by prospective bidders. H. Prepare and issue addenda, if necessary. Prepare the Engineer's Estimate of construction cost. J. Attend bid opening and participate in the bid opening and evaluation process. K. Prepare tabulation of all bids received by the CITY and review bidder's qualifications. L. Make recommendation of construction contract award to the lowest responsible bidder. The following professional services work for this project (SERVICES DURING CONSTRUCTION) is provided for information only at this time. The scope and cost of SERVICES DURING CONSTRUCTION professional services are intended to be negotiated and incorporated into this agreement by supplement/addendum at a later date with the mutual agreement of CITY and ENGINEER: 3. SERVICES DURING CONSTRUCTION A. Furnish the field survey crew necessary to set horizontal and vertical control for the improvements authorized for construction. G:UAN\YAKIMA-J C4\87.wpd HLA Project No. 05054 16 B. Fumish a qualified resident engineer who shall make construction observations and be on the job at all times that significant work is in progress, whose duty shall be to provide surveillance of project construction for substantial compliance with Plans and Specifications. C. Prepare progress reports on the Project and file same with the CITY and provide monthly progress estimates to the CITY. D. Consult and advise the CITY during construction and make a final report of the completed work. E. Monitor the construction contractor's compliance with State labor standards. F. Review Contractor's submission of samples and shop drawings, where applicable. G. Recommend progress payments for the construction contractor to the CITY. H. Prepare and submit proposed contract change orders when applicable. I. Prepare and furnish reproducible record drawings of all completed work from as - built drawings furnished by the CITY's construction contractor. G: UAN\YA K I MA -J C4\87. wpd HLA Project No. 05054 17 EXHIBIT B Miller Park Renovation Project Professional Fees Compensation for professional services will be on a time spent basis at the specific hourly rates shown on Exhibit C, plus reimbursement for direct non -salary expenses. The following spreadsheet shows the estimated time and expenses to perform design engineering, plans, specifications, and estimate for this Miller Park Renovation Project. The maximum amount of compensation to the ENGINEER for this work will be $16,211.00. This maximum amount will not be exceeded without the written agreement of the CITY and the ENGINEER. PROJECT TITLE. Miller Park Renovation Project CLIENT. CITY OF YAKIMA JOB NUMBER: Huibregtse, Louman Associates, Inc. DATE. April 20, 2005 ENGINEER'S HOURLY ESTIMATE TASK NO PROJECT TASK Principal Engineer Licensed Prof Engineer Licensed Land Surveyor UAU Operator 2 -Man Survey Crew Clerical TOTAL HRS I ASK DIRECT COSTS $127 $105 $97 $76 $140 $51 1 PROJECT MANAGEMENT A Project Management 4 2 0 0 0 0 6 718.00 B Project Meetings 2 4 0 0 0 0 6 674 00 C Public Meetings 0 0 0 0 0 0 0 000.00 2 DESIGN AND FINAL PLANS, SPECIFICATIONS, & ESTIMATE A Field surveying and site visit 0 4 2 2 4 0 12 1,326.00 B Perform the preliminary design 2 16 2 24 2 6 52 4,538.00 C In-house project review, quality control 1 2 0 0 0 1 4 388.00 D Incorporate Agency Review comments 2 4 0 8 0 2 16 1,384.00 E Final design, Plans, and Specifications 2 8 0 12 0 4 26 2,210.00 F Furnish copies of Plans and Specifications 0 1 0 0 0 2 3 207 00 G Furnish engineering data for approvals 0 1 0 0 0 1 2 156.00 H Answer bidders questions 1 4 0 0 0 0 5 547 00 I Prepare and issue addenda 1 4 0 0 0 2 7 649 00 J Prepare Estimate of construction cost 1 4 0 2 0 1 8 750.00 K Attend bid opening 2 2 0 0 0 0 4 464.00 L Prepare tabulation of bids 0 2 0 0 0 2 4 312.00 M Make recommendation of construction contract award 1 2 0 0 0 1 4 388.00 G:UAN\YAKI MA-JC4\87.wpd HLA Project No. 05054 18 Labor Subtotal 19 60 4 54 10 22 1691 14,711 00 I EXPENSES. hours $/hr Computers: 0 00 Travel: Cost/ Unit Air Trips Ground Trp. Days Trip Miles Air Travel $0.00 0.00 Mileage $0.32 0.00 Meals/Lodging $0.00 0 00 Misc. expenses: FAX 0.00 TELEPHONE 0.00 POSTAGE 000 OUTSIDE PRINTING 1,500 00 SUB -CONSULTANTS. 0 00 Subtotal - Labor 14,711 00 Subtotal - Expenses 1,500 00 Subtotal - Subconsultants 0 00 Total - DESIGN AND FINAL PLANS AND SPECIFICATIONS $16,211 00 G:UAN\YAK I MA-JC4187.wpd HLA Project No. 05054 19 EXHIBIT "C" SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. (January 1, 2005, Through December 31, 2005) Principal Engineer $127.00 per hour Licensed Professional Engineer $105.00 per hour Licensed Professional Land Surveyor $97.00 per hour Project Engineer $88.00 per hour CAD Technician $76.00 per hour Resident Engineer/Inspector $72.00 per hour Surveyor $72.00 per hour Senior Engineering Technician $58.00 per hour Engineering Technician $51.00 per hour Word Processing Technician $51.00 per hour Two Man Survey Party $140.00 per hour Three Man Survey Party $182.00 per hour Vehicle Mileage $0.32 per mile Global Positioning Survey System Fee $72.00 per hour G: JAN\YAKIMAJC4\87.wpd HLA Project No. 05054 20 EXHIBIT "C" SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. (January 1, 2006, Through December 31, 2006) Principal Engineer $131.00 per hour Licensed Professional Engineer $109.00 per hour Licensed Professional Land Surveyor $100.00 per hour Project Engineer $91.00 per hour CAD Technician $79.00 per hour Resident Engineer/Inspector $75.00 per hour Surveyor $75.00 per hour Senior Engineering Technician $60.00 per hour Engineering Technician $53.00 per hour Word Processing Technician $53.00 per hour Two Man Survey Party $145.00 per hour Three Man Survey Party $188.00 per hour Vehicle Mileage $0.34 per mile Global Positioning Survey System Fee $75.00 per hour G:LJANIYAKI MA-JC4187.wpd HLA Project No. 05054 21 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9 For Meeting of: May 3, 2005 ITEM TITLE: Consideration of a resolution authorizing execution of a professional services agreement between the City of Yakima and Huibregtse, Louman Associates, Inc. for design and other engineering services for the removal of Miller Park pool and the construction of basketball court(s) in its place. SUBMI F1'ED BY: Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANATION: On April 5, 2005, the City Council provided staff a series of directions with regards to the Community's "neighborhood" pools. These directions were based upon information provided by City staff and recommendations from the Budget Strategy Team and the Parks Commission. Specifically, with respect to Miller Pool, the City Council directed staff to demolish the pool and the associated outbuildings, and construct basketball court facilities over the "foot print" of the pool. The attached resolution authorizes the City Manager to execute a Professional Services Agreement with Huibregtse, Louman Associates, Inc. (HLA) for the design through bidding services for an amount of approximately $16,000. Construction management services would be negotiated at a future time if desired. (Continued on next page.) Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Funding Source: $16,211-- REET 1 APPROVED FOR SUBMITTAL: i\ City Manager STAFF RECOMMENDATION: Staff respectfully recommends City Council adopt the Resolution authorizing the City Manager to execute a Professional Services Agreement with Huibregtse Louman Associates, Inc. for the design and other engineering services for Miller Park Pool demolition and improvements. BOARD/COMMISSION RECOMMENDATION: The Parks and Recreation Commission and the Budget Strategy Team (BST) recommend demolition of Miller Pool and construction of basketball facilities in 2005. COUNCIL ACTION: More citizens spoke against closing Miller Pool. (Petition #05-01 submitted) Resolution adopted. RESOLUTION NO. R-2005-67 HLA Miller Pool Demolition May 3, 2005 Page two One item of note is that the large brick structure on the south end of the pool complex will not be demolished under the current "scope of work" as it appears there is interest to use this structure under the auspices of the Police Athletic League (PAL) for youth services. In the event that the City Council wishes to demolish the structure, HLA estimates it will cost at least an additional $20,000. Subsequent to the bid opening of the project, staff will return to Council with an appropriation ordinance amending the 2005 REET 1 budget reflecting necessary funding. There are currently sufficient unobligated appropriations to fund the preliminary engineering work.