HomeMy WebLinkAboutR-2010-124 North First Street Corridor Public Facilities Revitalization Options Assessment Agreement; Huibregtse, Louman AssocA RESOLUTION,
RESOLUTION NO R-2010-124
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 Cawley, ayor
ATTEST
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this/4Tday ores' , 2010, by and between the
City of Yakima, Washington, a municipal corporation with principal offices at 129 North Second Street,
Yakima, WA 98901, hereinafter referred to as "CITY", and Huibregtse, Louman Associates, Inc. with an office
at 801 N. 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 NORTH 1ST STREET IMPROVEMENTS STUDY herein called the "PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for the PROJECT, as
described in this Agreement and subsequent Amendments thereto; and,
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with
knowledge and experience necessary to satisfactorily accomplish the work within the required time and that
it has no conflicts of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and ENGINEER agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of .the Agreement.
SECTION 2 SCOPE OF SERVICES
2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in
writing by both parties, duties of ENGINEER shall not be construed to exceed those
services specifically set forth herein.
2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign
Jeffrey T. Louman, P.E. as Principal -in -Charge, and Michael T. Battle, PE, as Project Manager
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 - NORTH 1ST STREET IMPROVEMENTS STUDY: Scope of Work" (WORK) which is attached
hereto and made a part of this Agreement as if fully set forth herein.
2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by ENGINEER can
be defined in detail at the time this Agreement is executed, and that additional WORK related to the
Project and not covered in Exhibit A may be needed during performance of this Agreement. CITY
may, at any time, by written order, direct the ENGINEER to revise portions of the PROJECT WORK
previously completed in a satisfactory manner, delete portions of the PROJECT, or request that the
ENGINEER perform additional WORK beyond the scope of the PROJECT WORK. Such changes
hereinafter shall be referred to as "Additional Services."
2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or time
required for, performance of any services under this Agreement, a contract price and/or.
completion time adjustment pursuant to this Agreement shall be made and this Agreement
shall be modified in writing accordingly.
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the CITY
and the ENGINEER according to the provisions set forth in Exhibit B, attached hereto and
incorporated herein by this reference, and if so authorized, shall be considered part of the
PROJECT WORK. The ENGINEER shallnot perform any Additional Services until so
authorized by CITY and agreed to by the ENGINEER in writing.
2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the date
of the ENGINEER's receipt of the written notification of change.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY -FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the CITY'S
possession relating to the ENGINEER'S services on the PROJECT including information on any pre-
existing conditions known to the CITY that constitute hazardous waste contamination on the
PROJECT site as determined by an authorized regulatory agency.
3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably accessible to
ENGINEER as required for ENGINEER'S performance of its services and will provide labor and safety
equipment as reasonably required by ENGINEER for such access.
3.3 TIMELY REVIEW: The CITY will examine the ENGINEER'S studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY
deems appropriate; and render in writing decisions required of CITY in a timely manner. Such
examinations and decisions, however, shall not relieve the ENGINEER of any contractual
obligations nor of its duty to render professional services meeting the standards of care for its
profession.
3.4 CITY shall appoint r 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.
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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 A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services described in
Exhibit A, compensation shall be according to Exhibit B entitled "CITY OF YAKIMA - NORTH 1ST
STREET IMPROVEMENTS STUDY: Project Budget", attached hereto and incorporated herein by this
reference, 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 plus fifteen percent (15%)
and on the basis of current rates when furnished by ENGINEER. Estimated Direct Non -Salary
Expenses are shown in Exhibit B.
5.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental expenses
incurred by employees of the ENGINEER and each of the Subconsultants in
connection with PROJECT WORK; provided, as follows:
• That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents per
mile will be paid for the operation, maintenance, and depreciation costs of
company or individually owned vehicles for that portion of time they are
used for PROJECT WORK. ENGINEER, whenever possible, will use the least
expensive form of ground transportation.
• That reimbursement for meals inclusive of tips shall not exceed a maximum
of forty dollars ($40) per day per person. This rate may be adjusted on a
yearly basis.
• That accommodation shall be at a reasonably priced hotel/motel.
• That air travel shall be by coach class, and shall be used only when
absolutely necessary.
5.1.2 Telephone charges, computer charges, in-house reproduction charges, first class postage,
and FAX charges are not included in the direct expense costs, but are considered included in
the Schedule of Specific Hourly Billing Rates.
5.1.3 Professional Subconsultants. Professional Subconsultants are those costs for engineering,
architecture, geotechnical services and similar professional services approved by the CITY.
Reimbursement for Professional Subconsultants will be on the basis of 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 the 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
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that the budget or WORK effort can be adjusted if found necessary. The ENGINEER is not obligated
to incur costs beyond the indicated budget, as may be adjusted, nor is the CITY obligated to pay the
ENGINEER beyond these limits. When any budget has been increased, the ENGINEER'S excess costs
expended prior to such increase will be allowable to the same extent as if such costs had been
incurred after the approved increase, and provided that the CITY was informed in writing at the time
such costs were incurred.
5.3 The ENGINEER shall submit to the CITY's Representative an invoice each month for payment for
PROJECT services completed through the accounting cut-off day of the previous month. Such
invoices shall be for PROJECT services and WORK performed and costs incurred prior to the date of
the invoice and not covered by previously submitted invoices. The ENGINEER shall submit with each
invoice 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)
clays 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).
5.5 Final payment of any balance due the ENGINEER for PROJECT services will be made within forty-five
(45) days after satisfactory completion of the services required by this Agreement as evidenced by
written acceptance by CITY and after such audit or verification as CITY may deem necessary and
execution and delivery by the ENGINEER of a release of all known payment claims against CITY
arising under or by virtue of this Agreement, other than such payment claims, if any, as may be
specifically exempted by the ENGINEER from the operation of the release in stated amounts to be
set forth therein.
5.6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY of any
claims, right, or remedy it may have against the ENGINEER under this Agreement or by law, nor shall
such payment constitute a waiver, remission, or discharge by CITY of any failure or fault of the
ENGINEER to satisfactorily perform the PROJECT WORK as required under this Agreement.
SECTION 6 RESPONSIBILITY OF ENGINEER
6.1 The ENGINEER shall be responsible for the professional quality, technical adequacy and accuracy,
timely completion, and the coordination of all plans, design, drawings, specifications, reports, and
other services furnished by the ENGINEER under this Agreement. The ENGINEER shall, without
additional compensation, correct or review any errors, omissions, or other deficiencies in its plans,
designs, drawings, specifications, reports, and other services. The ENGINEER shall perform its WORK
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.
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6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications, reports,
and incidental WORK or services furnished hereunder shall not in any way relieve the ENGINEER of
responsibility for the technical adequacy, completeness, or accuracy of its WORK and the PROJECT
. WORK. CITY'S review, approval, or payment for any of the services shall not be construed to operate
as a. waiver of any rights under this Agreement or at law or any cause of action arising out of the
performance of this Agreement.
6.3 In performing WORK and services hereunder, the ENGINEER and its subcontractors, subconsultants,
employees, agents, and representatives shall be acting as independent contractors and shall not be
deemed or construed to be employees or agents of CITY in any manner whatsoever. The ENGINEER
shall not hold itself out as, nor claim to be, an officer or employee of CITY by reason hereof and will
not make any claim, demand, or application to or for any right or privilege applicable to an officer or
employee of CITY. The ENGINEER shall be solely responsible for any claims for wages or
compensation by ENGINEER employees, agents, and representatives, including subconsultants and
subcontractors, and shall save and hold CITY harmless therefrom.
6.4 INDEMNIFICATION:
(a) ENGINEER agrees to defend, indemnify, and hold harmless the CITY, its elected
officials, agents, officers, and employees (hereinafter "parties protected") from (1)
claims, demands, liens, lawsuits, administrative and other proceedings, and (2)
judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses
(including legal fees, costs, and disbursements) of any kind claimed by third parties
arising out of, or related to any death, injury, damage or destruction to any person or
any property to the extent caused by any negligent act, action, default, error or
omission or willful misconduct arising out of the Engineer's performance under this
Agreement. In the event that any lien, is placed upon the City's property or any of the
City's officers, employees or agents as a result of the negligence or willful misconduct
of the Engineer, the Engineer shall at once cause the same to be dissolved and
discharged by giving bond or otherwise.
(b) CITY agrees to indemnify, defend, and hold the ENGINEER 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 CITY, its employees, or
agents in connection with the PROJECT.
(c) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person
identified above for whom each is liable) is a cause of such third party claim, the loss, cost,
or expense shall be shared between the ENGINEER and the CITY in proportion to their
relative degrees of negligence or willful misconduct and the right of indemnity will apply for
such proportion.
(d) Nothing contained in this Section or this Agreement shall be construed to create a liability or
a right of indemnification in any third party.
6.5 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 workmen's compensation acts, disability benefit acts, or other
employee benefit acts. The ENGINEER specifically and expressly waives its immunity under the
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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 INITIALS
6.6 It is understood that any resident engineering or inspection provided by ENGINEER is for the purpose
of determining compliance with the technical provisions of PROJECT specifications and does not
constitute any form of guarantee or insurance with respect to the performance of a contractor.
ENGINEER does not assume responsibility for methods or appliances used by a contractor, for a
contractor's safety programs or methods, or for compliance by contractors with laws and
regulations. CITY shall use its best efforts to ensure that the construction contract requires that the
contractor(s) indemnify and name CITY, the CITY'S and the ENGINEER'S officers, principals,
employees, agents, representatives, and engineers as additional insured's 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 (15) days after execution of this Agreement. The performance dates and budgets for tasks
may be modified only upon written agreement of the parties hereto. The performance date for
tasks and the completion date for the entire PROJECT shall not be extended, nor the budget
increased because of any unwarranted delays attributable to the ENGINEER, but may be extended or
increased by the CITY in the event of a delay caused by special services requested by the CITY or
because of unavoidable delay caused by any governmental action or other conditions beyond the
control of the ENGINEER which could not be reasonably anticipated.
7.2 Not later than the tenth (10) day of each calendar month during the performance of the PROJECT,
the ENGINEER shall submit to the CITY'S Representative 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. There shall
be no reuse, change, or alteration by the CITY or others acting through or on behalf of the CITY
without written permission of the ENGINEER, which shall not be unreasonably withheld and will be
at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its officers, employees,
subcontractors, and affiliated corporations from all claims, damages, losses, and costs including, but
not limited to, litigation expenses and attorney's fees arising out of or related to such unauthorized
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reuse, change, or alteration; provided, however, that the ENGINEER will not be indemnified for such.
claims, damages, losses, and costs including, without limitation, litigation expenses and attorney
fees where caused by the ENGINEER's own negligent acts or omissions.
8.2 The ENGINEER agrees that ownership of any plans, drawings, designs, specifications, computer
programs, technical reports; operating manuals, calculations, notes, and other WORK submitted or
which are specified to be delivered under this Agreement or which are developed or produced and
.paid for under this Agreement, whetheror not complete, shall be vested in the CITY.
8.3 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter
"Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual
Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER does
not grant CITY any right or license to such Intellectual Property.
SECTION 9 AUDIT AND ACCESS TO RECORDS
9.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and other
evidence directly pertinent to performance of the WORK under this Agreement in accordance with
generally accepted accounting principles and practices consistently applied. The CITY or the CITY'S
duly authorized representative shall have access to such books, records, documents, and other
evidence for inspection, audit, and copying for a period of three years after completion of the
PROJECT. The CITY shall also have access to such books, records, and documents during the
• performance of the PROJECT WORK, if deemed necessary by the CITY, to verify the ENGINEER'S
WORK and invoices.
9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
9.3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the ENGINEER is afforded the opportunity for an audit
exit conference and an opportunity to comment and submit any supporting documentation on the
pertinent portions of the draft audit report and that the final audit report will include written
comments, if any, of the ENGINEER.
9.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the Project.
9.5 Any charges, of the ENGINEER paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY.
SECTION 10. INSURANCE
10.1 At all times during performance of the Services, ENGINEER shall secure and maintain in effect
insurance to protect the City and ENGINEER from and against all claims, damages, losses, and
expenses arising out of or resulting from the performance of this Contract. ENGINEER shall provide
and maintain in force insurance in limits no Tess than that stated below, as applicable. The City
reserves the right to require higher limits should it deem it, necessary in the best interest of the
public.
10.1.1 Commercial General -Liability Insurance. Before this Contract is fully executed by the
parties, ENGINEER shall provide the City with a certificate of insurance as proof of
commercial liability insurance and commercial umbrella liability insurance with a total
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minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined
single limit bodily injury and property damage; and Two Million Dollars ($2,000,000.00)
general aggregate. The certificate shall clearly state who the provider is, the coverage
amount, the policy number, and when the policy and provisions provided are in effect. Said
policy shall be in effect for the duration of this Contract. The policy shall name the City, its
elected officials, officers, agents, employees, and volunteers as additional insureds, and
shall contain a clause that the insurer will not cancel or change the insurance without first
giving the City thirty (30) calendar days prior written notice (any language in the clause to
the effect of "but failure to mail such notice shall impose no obligation or liability of any
kind upon the company" shall be crossed out and initialed by the insurance agent). The
insurance shall be with an insurance company or companies rated A -VII or higher in Best's
Guide and admitted in the State of Washington.
10.1.2. Commercial Automobile Liability Insurance
a. If ENGINEER owns any vehicles, before this Contract is fully executed by the parties,
OIC shall provide the City with a certificate of insurance as proof of commercial automobile
liability insurance and commercial umbrella liability insurance with a total minimum liability
limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily
injury and property damage. Automobile liability will apply to "Any Auto" and be shown on
the certificate.
b. If ENGINEER does not own any vehicles, only "Non -owned and Hired Automobile
Liability" will be required and may be added to the commercial liability coverage at the
same limits as required in that section of this Contract, which is Section 12.2 entitled
"Commercial Liability Insurance".
c. Under either situation described above in Section 3.a and Section 13.b, the required
certificate of insurance shall clearly state who the provider is, the coverage amount, the
policy number, and when the policy and provisions provided are in effect. Said policy shall
be in effect for the duration of this Contract. The policy shall name the City, its elected
officials, officers, agents, employees, and volunteers and additional insureds, and shall
contain a clause that the insurer will not cancel or change the insurance without first giving
the City thirty (30) calendar days prior written notice (any language in the clause to the
effect of "but failure to mail such notice shall impose no obligation or liability of any kind
upon the company" shall be crossed out and initialed by the insurance agent). The
insurance shall be with an insurance company or companies rated A -VII or higher in Best's
Guide and admitted in the State of Washington.
10.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
10.1.4. Professional Liability Coverage. Before ,this Contract is fully executed by the parties,
ENGINEER shall provide the City with a certificate of insurance as proof of professional
liability coverage with a total minimum liability limit of Two Million Dollars ($2,000,000.00)
per claim combined single limit bodily injury and property damage, and Two Million Dollars
($2,000,000.00) aggregate. The certificate shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided are in
effect. Said policy shall be in effect for the duration of this Contract. The policy shall
contain a clause that the insurer will not cancel or change the insurance without first giving
the City thirty (30) calendar days prior written notice (any language in the clause to the
effect of "but failure to mail such notice shall impose no obligation or liability of any kind
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upon the company" shall be crossed out and initialed by the insurance agent). The
insurance shall be with an insurance company or companies rated A -VII or higher in Best's
Guide. If the policy is written on a claims made basis the coverage will continue in force for
an additional two years after the completion of this contract..
Failure of either or all of the additional insureds to report a claim under such insurance shall
not prejudice the rights of the CITY, its officers, employees, agents, and representatives
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 insured under such insurance. None of the policies issued pursuant to the
requirements contained herein shall be canceled, allowed to expire, or changed in any
manner that affects the rights of the City until thirty (30) days after written notice to the
CITY of such intended cancellation, expiration or change.
SECTION 11 SUBCONTRACTS
11.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract any
portion of theWORK to be performed under this Agreement.
11.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any
substitutions thereof, will be subject to prior approval by CITY, which approval shall not be
unreasonably withheld. Each subcontract shall be subject to review by the CITY'S Representative, if
requested, prior to the subconsultant or subcontractor proceeding with the WORK. Such review
shall not constitute an approval as to the legal form or content of such subcontract. The ENGINEER
shall be responsible for the architectural and engineering performance, acts, and omissions of all
persons and firms performing subcontract WORK.
11.3 CITY hereby authorizes the ENGINEER to subcontract with the persons and firms listed below:
HBB, Inc. — Landscape Architects
11.4 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. It is expressly intended and agreed that no third
party beneficiaries are created by this Agreement, and that the rights and remedies provided herein
shall inure only to the benefit of the parties to this Agreement.
SECTION 13 INTEGRATION
13.1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with respect
to those matters covered herein. This Agreement may not be modified or altered except in writing
signed by both parties.
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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 During the performance of this Agreement, ENGINEER shall not discriminate in violation of any
applicable federal, state and/or local law or regulation on the basis of age, sex, race, creed, religion,
color, national origin, marital status, disability, honorably discharged veteran or military status,
pregnancy, sexual orientation, and any other classification protected under federal, state, or local
law. This provision shall include but not be limited to the following: employment, upgrading,
demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, selection for training, and the provision of services under this Agreement.
ENGINEER agrees to comply with the applicable provisions of State and Federal Equal Employment
Opportunity and Nondiscrimination statutes and regulations.
SECTION 16 SUSPENSION OF WORK
16.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if
unforeseen circumstances beyond CITY'S control are interfering with normal progress of the WORK.
ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under this
Agreement if unforeseen circumstances beyond ENGINEER's control are interfering with normal
progress of the WORK. ENGINEER may suspend WORK on PROJECT in the event CITY does not pay
invoices when due, except where otherwise provided by this Agreement. The time for completion of
the WORK shall be extended by the number of days WORK is suspended. If the period of suspension
exceeds ninety (90) days, the terms of this Agreement are subject to renegotiation, and both parties
are granted the option to terminate WORK on the suspended portion of Project in accordance with
SECTION 17.
SECTION 17 TERMINATION OF WORK
17.1 Either party may terminate this Agreement, in whole or in part, if the other party materially
breaches its obligations under this Agreement and is in default through no fault of the terminating
party. However, no such termination may be effected unless the other party is given: (1) not less
than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested,
of intent to terminate; and (2) an opportunity for consultation and for cure with the terminating
party before termination. Notice shall be considered issued within seventy-two (72) hours of mailing
by certified mail to the place of business of either party as set forth in this Agreement.
17.2 In addition to termination under subsection 17.1 of this Section, CITY may terminate this Agreement
for its convenience, in whole or in part, provided the ENGINEER is given: (1) not less than fifteen
(15) calendar days written notice delivered by certified mail, return receipt requested, of intent to
terminate; and (2) an opportunity for consultation with CITY before termination.
17.3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price
pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated profit
on unperformed services or other WORK, and (2) any payment due to the ENGINEER at the time of
termination may be adjusted to the extent of any additional costs or damages CITY has incurred, or
G:\Contracts & Task Orders\Yakima\2010-12-14 North 1st Street Study Agreement.Doc Page 10
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 otherwise), and (2) deliver or
otherwise make available to CITY all originals of data, drawings, specifications, calculations, reports,
estimates, summaries, and such other information, documents, and materials as the ENGINEER or its
.subconsultants may have accumulated or prepared in performing this Agreement, whether
completed or in progress, with the ENGINEER retaining copies of the same.
17.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK to
completion utilizing other qualified firms or individuals; provided, the ENGINEER shall have no
responsibility to prosecute further WORK thereon.
17.7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined
that the ENGINEER has not so failed, the termination shall be deemed to have been effected for the
convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be determined
as set forth in subparagraph 17.4 of this Section.
17.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the
ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its
obligations to complete performance under this Agreement without the concurrence and written
approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment
shall be made as set forth in subparagraph 17.3 of this Section.
SECTION 18 DISPUTE RESOLUTION
18.1 In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of
a notice of default as to whether such default does constitute a breach of the contract, and if the
parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation
as a means to resolve the dispute. If the afore mentioned methods are either not successful then
any dispute relating to this Agreement shall be decided in the Yakima.Superior Court in accordance
with the laws of Washington. If both parties consent in writing, other available means of dispute
resolution may be implemented.
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SECTION 19 NOTICE
19.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at
the address set forth below. Notice shall be considered issued and effective upon receipt thereof by
the addressee -party, or seventy-two (72) hours after mailing by certified mail to the place of
business set forth below, whichever is earlier.
CITY: City of Yakima
2301 Fruitvale Boulevard
Yakima, WA 98902
Attn: Mr. Michael Morales, Community and Economic Development Director
ENGINEER: Huibregtse, Louman Associates, Inc.
801 North 39th Avenue
Yakima, WA 98902
Attn: Jeffrey T. Louman, PE, President
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
Printed Name:
R. A. Zais, Jr.
bd1
Title:
City Manager
Date:
Signture
Printed Name:
Jeffrey T. Louman
Title:
President
Date: 121/7//12›
City Contract No. 2010-(0
Resolution No. R-2010- /GQ.y
G:\Contracts & Task Orders\Yakima\2010-12-14 North 1st Street Study Agreement.Doc Page 12
STATE OF WASHINGTON
ss.
COUNTY OF YAKIMA )
I certify that I know or have satisfactory evidence that R.A. ZAIS, JR. is the person who appeared before
me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument, and acknowledged it as the CITY MANAGER of the CITY OF
YAKIMA, to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated:
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Seal
Seal or Stamp
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My commission expires:
G:\Contracts & Task Orders\Yakima\2010-12-14 North 1st Street Study Agreement.Doc Page 13
STATE OF WASHINGTON
COUNTY OF Ufa f ✓VLG�
) ss.
I certify that I know or have satisfactory evidence that JEFFREY T. LOUMAN, 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.
Dated: 127/7//0
Seal or Stamp
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G:\Contracts & Task Orders\Yakima\2010-12-14 North 1st Street Study Agreement.Doc Page 14
EXHIBIT A
CITY OF YAKIMA - NORTH 1ST STREET IMPROVEMENTS STUDY
SCOPE OF WORK
During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection with
the following project:
City of Yakima - NORTH 1ST STREET IMPROVEMENTS STUDY
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 project management, and project formulation, investigation, and preliminary engineering.
Project:
The CITY has selected a comprehensive approach to planning for future improvements to North 1st Street
from A Street to the US12/I-82 Interchange that provides direction for both public and private
investment. An outcome of this approach is an improved appearance for this section of North 15t Street,
with streetscape improvements as a backdrop for future public and private improvements.
The North 1st Street Improvement Study (STUDY) will develop a design and action plan that will address
potential arterial street design alternates including an analysis of resulting traffic flow, streetscape and
landscape improvements, and required utility upgrades. The STUDY will also specify width of sidewalks
which address pedestrian accessibilities, typical street tree placements, streetscape amenities, landscape
elements and illumination fixtures.
Scope of Services:
Phase A: Preliminary Investigation
1. Meet with North 15t Street business and property owners to inform them of the STUDY effort
and seek their input. (1 meeting)
2. Form a steering committee consisting of the Yakima City Council Committee, City staff, a person
from each North 1St Street block who will serve as a "block captain," and other selected
stakeholders. Meet with the steering committee to review previous plans, documents, and/or
. ideas for improvement of the arterial corridor. Discuss committee goals for the STUDY process
and potential improvement alternates. (1 meeting)
3. Identify cities with desirable arterial corridors through similar commercial areas for discussion
with the steering committee.
4. Conduct an inventory of existing parking spaces and observe traffic flow along North 1St Street
during typical traffic conditions.
G:\Contracts & Task Orders\Yakima\2010-12-14 North 1st Street Study Agreement.Doc Page 15
5. Conduct periodic telephone conferences with steering committee to review STUDY progress and
to discuss new thoughts/issues as they develop. (maximum of 3 telcons)
6. Meet with steering committee to discuss STUDY conclusions, recommended improvements, and
direction to proceed with the preparation of the draft STUDY document. (1 meeting)
Phase B: Draft STUDY Preparation
Produce a draft STUDY document based on the preliminary investigation process that will include
the following:
1. Identifying the goals of the STUDY.
2. An inventory of existing parking spaces.
3. An observation of existing traffic flow.
4. An inventory of existing utilities.
5. An analysis of the condition of the existing street and sidewalks.
6. A summary of comments from the North 1" Street business owners, the steering committee,
City Staff, the City Council Committee, and other interested parties.
7. Improvement parameters for North 1" Street including:
a. Streetscape design establishing criteria for street, sidewalk, and lighting improvements.
b. General landscaping design establishing parameters for streetscape furnishings and
plantings including benches, flower pots, etc., either by individual property owners or via
public projects.
c. Modifications and/or additions to area parking.
8. Preliminary cost estimate of preferred improvements alternate.
9. Identification of potential funding source that could be pursued for the various North 1" Street
improvement elements.
10. A timeline goal for implementation of the identified improvement elements.
Phase C: Final STUDY Document
1. Meet with the steering committee to review the draft STUDY document. (1 meeting)
2. Revise the draft STUDY as directed by the steering committee and complete the final STUDY
document for approval/adoption by the CITY.
G:\Contracts & Task Orders\Yakima\2010-12-14 North 1st Street Study Agreement.Doc Page 16
Potential Additional Services
1. Present the draft and/or final STUDY document to City Council.
2. Assist the City during a public meeting(s) and/or public hearing on the STUDY.
3. Assist the City with preparation of ordinances establishing design guidelines for North 152 Street..
Time of Performance:
Phase A: Preliminary Investigation
Work to begin upon notification to proceed issued by the City and to be completed within ninety (90)
calendar days.
Phase B: Draft STUDY Preparation
Work to begin upon completion of Phase A and to be completed within sixty (60) calendar days.
Phase C: Final STUDY Document
Work to begin Upon completion of Phase B and to be completed within thirty (30) calendar days.
EXHIBIT B
CITY OF YAKIMA - NORTH 1ST STREET IMPROVEMENTS STUDY
G:\Contracts & Task Orders\Yakima\2010-12-14 North 1st Street Study Agreement.Doc Page 17
Project Budget
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 maximum amount of compensation to the
ENGINEER for the Scope of Work (WORK) identified in Exhibit A will be $25,000.00. This maximum amount
will not be exceeded without the written agreement of the CITY and the ENGINEER.
Any additional work requested by the CITY shall be performed on a time spent basis at the specific hourly
rates shown on Exhibit C, plus reimbursement for direct non -salary expenses.
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EXHIBIT C
SCHEDULE OF RATES
FOR
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
(January 1, 2011, through December 31, 2011)
Licensed Principal Engineer $159.00 per hour
Licensed Principal Land Surveyor $147.00 per hour
Licensed Professional Engineer $132.00 per hour
Licensed Professional Land Surveyor • $120.00 per hour
Project Engineer $109.00 per hour
CAD Technician $95.00 per hour
Resident Engineer/Inspector $90.00 per hour
Surveyor •. $90.00 per hour
Senior Engineering Technician $90.00 per hour
Engineering Technician $63.00 per hour
Word Processing Technician $63.00 per hour
Surveyor on Two Man Crew $86.50 per hour
Surveyor on Three Man Crew $75.33 per hour
Vehicle Mileage $0.48 per mile
Global Positioning Survey System Fee $83.00 per hour
G:\Contracts & Task Orders\Yakima\2010-12-14 North 1st Street Study Agreement.Doc Page 19
•
•
•
BUSINESS OF THE. CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No LS
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 asra
APPROVED FOR SUBMITTAL
•
propriated into the Community Development Fund
City Manager
STAFF RECOMMENDATION Adopt the resolution
BOARD/COMMISSION/COMMITTEE RECOMMENDATION The North First Street Ad Hoc
Committee recommended approval at their October 14th meeting
COUNCIL ACTION