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HomeMy WebLinkAbout11/02/2010 15 North First Street Corridor Public Facilities Revitalization Options Assessment Agreement • BUSINESS OF THE. CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No f� For Meeting of November 2, 2010 ITEM TITLE A Resolution authorizing the City Manager to execute a Professional Services Agreement with Huibregtse, Louman Associates, Inc to determine options for infrastructure and public facilities related to the North First Street Corridor Revitalization SUBMITTED BY Michael Morales, Director of Community & Economic Development CONTACT PERSON /TELEPHONE Michael Morales — 509 - 575 -3533 SUMMARY EXPLANATION At their April 6, 2010 meeting, Council approved the submission of a planning grant application to the Yakima County Supporting Investments in Economic Diversification (SIED) fund in the amount of $25,000 for the North First Street Corridor Revitalization Project The SIED board approved the application, and Council approved the appropriation to the Economic Development budget on September 21, 2010 The $25,000 planning grant is to be used for the following activities • • A community mobilization and visioning process to determine options for infrastructure and public facilities related to the North First Street Corridor Revitalization Project. • Development of illustrations and cost estimates for recommended improvements The attached resolution authorizes the City Manager to execute a Professional Services Agreement with Huibregtse Louman, Inc to perform the tasks necessary to carryout these activities The , professional services agreement is expected to be similar to the attached agreement in a total contract amount not to exceed Twenty -five Thousand Dollars ($25,000 00) Resolution XX Ordinance Contract XX Other (Specify) Funding Source SIED Grant as._a•propriated into the Community Development Fund \ APPROVED FOR SUBMITTAL °'N; City Manager STAFF RECOMMENDATION Adopt the resolution BOARD /COMMISSION /COMMITTEE RECOMMENDATION The North First Street Ad Hoc Committee recommended approval at their October 14 meeting • COUNCIL ACTION • RESOLUTION NO 2010 - A RESOLUTION, authorizing the City Manager to execute a Professional Services Agreement with Huibregtse Louman Associates, Inc to determine options for infrastructure and public facilities related to the North First Street Corridor Revitalization WHEREAS, economic development is a priority for the City of Yakima, and the City intends to approach economic development on an inclusive, comprehensive basis which involves public, private and community -based efforts to achieve new investment and redevelopment •in the City; and WHEREAS, the North First Street Corridor Revitalization Project is a high priority economic development initiative of the City Council, and WHEREAS, the Yakima City Council, the Greater Yakima Chamber of Commerce and the business and property owners of the North First Street Corridor have determined that streetscape and infrastructure improvements are necessary for future economic development activities in the area, and WHEREAS, analysis of options for the location of infrastructure and public facilities within the redevelopment area will be necessary component of the overall planning process and will require professional engineering design services, and WHEREAS, the City of Yakima has received a grant in the amount of $25,000 from Yakima • County through the SIED fund for planning activities related to the project's development, and WHEREAS, the city utilizes the Municipal Research and Services Center of Washington (MRSC) roster of consultants whose statements of qualifications represent that they have the expertise necessary to perform the services required by the City; and, WHEREAS, the City Council has determined that it is in the best interest of the City to enter into a professional services agreement with a consultant selected from the roster for such expertise, and Huibregtse Louman Associates, Inc has demonstrated expertise in providing such professional engineering services to Yakima and other communities in the past NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA. The City Manager is hereby authorized and directed to execute a Professional Services Agreement with Huibregtse Louman Associates, Inc , for professional services required to complete the North First Street Corridor planning analysis The professional services agreement is expected to be similar to the attached agreement in a total contract amount not to exceed Twenty -five Thousand Dollars ($25,000 00) The City Manager is further authorized to execute any additional contracts or agreements that may become necessary and prudent for the completion of said project. ADOPTED BY THE CITY COUNCIL this 2nd day of November, 2010 Micah D Cawley, Mayor ATTEST City Clerk • III • PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL 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 a Washington Corporation licensed to do business in Washington (hereinafter the "Engineer ") WHEREAS, the City of Yakima desires to engage the Engineer to perform professional engineering services to determine options for infrastructure and public facilities related to the North First Street Corridor planning analysis WHEREAS, the Engineer has the experience and expertise necessary to provide said independent engineering services and is willing to provide such services in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and the Engineer as follows 1 Scope of Services. The Engineer shall assist with a community mobilization and • visioning process to determine options for infrastructure and public facilities related to the North First Street Corridor Revitalization Project, and development of illustrations and cost estimates for recommended improvements 2. Term. The term of this Agreement shall commence upon execution hereof and shall terminate at midnight of December 31, 2011, or when the services authorized under this Agreement are completed, whichever occurs first, unless terminated sooner by either party m accordance with Section 18 The Engineer shall proceed in a timely and diligent manner to provide all services required hereunder 3. Consideration. Unless this Agreement is otherwise modified by the parties, the total compensation paid to the Engineer for all services provided under this Agreement shall not exceed $25,000 The Engineer shall submit to the City monthly invoices itemizing tasks accomplished and percent completed to date Upon receipt of said monthly invoice, the City shall make payment to the Engineer within thirty (30) calendar days, provided, however, that all payments are expressly conditioned upon the Engineer's providing services that are satisfactory to the City The Engineer shall maintain adequate files and records to substantiate all amounts itemized on the monthly invoices. In the event that either party exercises its right to terminate this Agreement in accordance with Section 18, the Engineer shall be compensated in accordance with the above terms for all satisfactory services provided to the City up to the effective Agreement tennmation date 4. Information Provided by the City The Engineer shall provide guidance to the City in determining the data required for purposes of the contemplated services The City • agrees to use reasonable efforts to provide data and information specifically requested by the Engineer 5 Status of Engineer The Engineer and the City understand and expressly agree • that the Engineer is an independent contractor in the performance of each and every part of this Agreement. No officer, employee, volunteer, and/or agent of Engineer shall act on behalf of or represent him or herself as an agent or representative of the City The Engineer, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The Engineer expressly represents, warrants and agrees that its status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the six -part independent contractor test set forth in RCW 51 08 195 The Engineer and its officers, employees, volunteers, agents and/or subcontractors shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between the Engineer and the City 6. Inspection and Audit. The Engineer shall maintain books, accounts, records, documents and other evidence pertaining to the costs and expenses allowable and consideration paid under this Agreement in accordance with generally accepted accounting practices. All such books of account and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and /or the Washington State Auditor at all reasonable times, and the Engineer shall afford the proper facilities for such inspection and audit. Such books of account and records may be copied by representatives of the City and/or the Washington State Auditor where necessary to conduct or document an audit. The Engineer shall preserve and make • available all such books of account and records for a period of three (3) years after final payment under this Agreement. 7. Taxes and Assessments. The Engineer shall be solely responsible for compensating its employees, agents, and/or subcontractors 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, the Engineer shall pay the same before it becomes due 8. Nondiscrimination Provision. During the performance of this Agreement, the Engineer shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap This provision shall include but not be limited to the following• employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. 9 The Americans with Disabilities Act. The Engineer shall comply with the Americans with Disabilities Act of 1990, 42 U S C § 12101 et seq (ADA) and its implementing regulations and Washington State's anti - discrimination law as contained in RCW Chapter 49 60 and its implementing regulations with regard to the activities and services provided pursuant to this Agreement. The ADA provides comprehensive civil • rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services, and telecommunications 10 Compliance with Law The Engineer agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise 11. No Conflict of Interest. Engineer covenants that neither it nor its employees 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. The Engineer further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 12. No Insurance. It is understood the City does not maintain habihty insurance for the Engineer and its officers, directors, employees and agents. 13 Indemnification. a. The Engineer agrees to hold harmless and indemnify the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs of defense and expenses (including reasonable attorney's fees) which result from or arise out of the negligence of the Engineer, its officers, agents, employees or subcontractors in connection with or incidental to the performance or non - performance of this Agreement. S b The City agrees to hold harmless and indemnify the Engineer, its officers, ees, and agents, from and against any and all suits, actions, claims, liability, damages, judgments, costs of defense and expenses (mcluding reasonable attorney's fees) which result from or arise out of the negligence of the City, its officers, agents, employees or subcontractors, in connection with or incidental to the perfoiinance or non- performance of this Agreement. c In the event that both the Engineer and the City are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) d. The foregoing mdenmity is specifically and expressly intended to constitute a waiver of the Engineer's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the Engineer's employees The parties acknowledge that these provisions were specifically negotiated and agreed upon by then. e Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party f. This Section of the Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 14 Insurance Provided by Engineer. 411 a. Professional Liability Insurance On or before the date this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance as evidence of professional liability coverage with a limit of at least One Million Dollars • ($1,000,000 00) for each wrongful act 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 the date this contract is executed by both parties hereto, or shall provide full prior acts coverage The insurance coverage or substantially identical coverage sufficient to fully satisfy these requirements shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement. b Commercial Liability Insurance On or before the date this Agreement is fully executed by the parties, the 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) per occurrence /aggregate 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. 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 as to this project only and shall contain a clause that the insurer will not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar days' prior written notice 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 Commercial Automobile Liability Insurance On or before the date this Agreement is fully executed by the parties, the 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) per occurrence /aggregate 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. 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 as to this project only and shall contain a clause that the insurer will not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar days' prior written notice 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. d. Insurance Provided by Subcontractors The Engineer shall ensure that all subcontractors it utilizes for work/services required under this Agreement shall comply with all of the above insurance requirements. 15. Delegation of Professional Services The services provided for herein shall be performed by the Engineer, and no person other than regular associates or employees of the Engineer shall be engaged upon such work or services except upon written approval of the City 110 • 16. Assignment. This Agreement, or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by the 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 the Engineer stated herein. 17. Waiver of Breach. A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 18. Termination. Either party may terminate this Agreement at any time, with or without cause, by providing the other party with written notice of termination ten (10) calendar days prior to the termination date 19. Severabilitv. 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. 20. 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 Michael Morales CED Director 129 North Second Street Yakima, WA 98901 TO ENGINEER. Jeffrey T Louman, P.E , President Huibretgse, Louman Assoicates, Inc 801 North 39 Avenue Yakima, WA 98902 or to such other addresses as the parties may hereafter designate m 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 21 Third Parties. The City and the Engineer are the only parties to this Agreement and are the only parties entitled to enforce its terms Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any right or benefit, whether directly or indirectly or otherwise, to third persons 22. Drafting of Agreement. Both the City and the Engineer have participated in the drafting of this Agreement. As such, it is agreed by the parties that the general contract rule of law that ambiguities within a contract shall be construed against the drafter of a contract shall have no application to any legal proceeding, arbitration and /or action in • which this Agreement and its terms and conditions are being interpreted and /or enforced. 23 Integration. This written document constitutes the entire Agreement between the • City and the 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 24 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 25. Venue. The venue for any action to enforce or interpret this Agreement shall he in the Superior Court of Washington for Yakima County, Washington. 26 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. CITY OF YAKIMA HUIBRETGSE,LOUMAN ASSOICATES, INC., a Washington Corporation B By . R. A. Zais, Jr , City Manager Jeffrey T Louman, PE President Date Date 110 ATTEST City Clerk City Contract No City Resolution No 0