HomeMy WebLinkAboutR-2006-175 AHBL, Inc., Agreement (re: Yakima Downtown Futures Initative Phase 2)•
RESOLUTION NO. R - 2006 - 175
A RESOLUTION authorizing and directing the City Manager and City Clerk of the City
of Yakima to execute a professional services agreement with AHBL,
Inc., in an amount not to exceed $10,360 for streetscape design,
existing condition assessment, and project illustrations for Phase 2 of
the Yakima Downtown Futures Initiative.
WHEREAS, the City of Yakima has received a $2.275 million grant from the
State of Washington Department of Transportation (WSDOT) and the City of Yakima will
issue a $1.5 million dollar bond to design and construct improvements to Yakima Avenue
from Front Street to 7th Avenue; and
WHEREAS, the design and construction of the public improvements requires
streetscape design, existing condition assessment and illustrations; and
WHEREAS, the city maintains a 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; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are authorized and directed to
execute a professional services agreement in amount not exceed $10,360 for professional
services on Phase 2 of the Yakima Downtown Futures Initiative, a copy of which
agreement is attached hereto and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 5th day of December, 200
Addmi.-
David Edler, Mayor
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 AHBL Inc., a company licensed to do business in Washington (hereinafter the
"Consultant").
WHEREAS, the City of Yakima desires to engage the Consultant to perform professional
services for the design of the Yakima Downtown Initiatives Improvement Project (hereinafter the
"Project").
WHEREAS, the Consultant has the experience and expertise necessary to provide said
independent design 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 Consultant as follows:
1. Scope of Services. The Consultant shall perform streetscape design, existing condition
assessment, and project illustrations for the City's Project to improve Yakima Avenue from Front
Street to 7th Avenue, under said Yakima Downtown Futures Initiative Project. The scope of
services is described in more detail in attached and incorporated Exhibit "A."
2. Term. The term of this Agreement shall commence upon execution hereof and shall
terminate at midnight of December 31, 2007, unless terminated sooner by either party in accordance
with Section 18. The Consultant shall proceed in a timely and diligent manner to provide all
services required hereunder.
3. Consideration. The City shall pay the Consultant for services rendered hereunder in
accordance with the payment schedule set forth in attached and incorporated Exhibit "B." Unless
this Agreement is otherwise modified by the parties, the total compensation paid to the Consultant
for all services provided under this Agreement shall not exceed $10,360. The Consultant 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 Consultant within thirty
(30) calendar days; provided, however, that all payments are expressly conditioned upon the
Consultant's providing services that are satisfactory to the City. The Consultant 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 Consultant shall be compensated in accordance with the above terms for all satisfactory services
provided to the City up to the effective Agreement termination date.
4. Information Provided by the City. The Consultant 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 Consultant.
5. Status of Consultant. The Consultant and the City understand and expressly agree that the
Consultant is an independent contractor in the performance of each and every part of this
Agreement. No officer, employee, volunteer, and/or agent of Consultant shall act on behalf of or
represent him or herself as an agent or representative of the City. The Consultant, as an
independent contractor, assumes the entire responsibility for carrying out and accomplishing the
services required under this Agreement. The Consultant 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 Consultant 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
Consultant and the City.
6. Inspection and Audit. The Consultant 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
Consultant 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 Consultant 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 Consultant 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 Consultant shall pay the same before
it becomes due.
8. Nondiscrimination Provision. During the performance of this Agreement, the Consultant
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 Consultant 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 Consultant 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. Consultant 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 Consultant 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 liability insurance for the
Consultant and its officers, directors, employees and agents.
13. Indemnification.
a. The Consultant agrees to hold harmless, indemnify, and defend the City, its elected
officials, officers, employees, and agents from and against any and all suits, actions, claims,
liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which
result from or arise out of the negligence of the Consultant, its officers, agents, employees or
subcontractors in connection with or incidental to the performance or non-performance of this
Agreement.
b. In the event that both the Consultant 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).
c. The foregoing indemnity is specifically and expressly intended to constitute a waiver of
the Consultant'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 Consultant's employees. The parties acknowledge
that these provisions were specifically negotiated and agreed upon by them.
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.
e. 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 Consultant.
a. Professional Liability Insurance. On or before the date this Agreement is fully executed
by the parties, the Consultant 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 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 Consultant 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 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 Consultant 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 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 Consultant 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 Consultant, and no person other than regular associates or employees of the Consultant shall
be engaged upon such work or services except upon written approval of the City.
16. Assignment. This Agreement, or any interest herein or claim hereunder, shall not be
assigned or transferred in whole or in part by the Consultant 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 Consultant 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. Severability. If any portion of this Agreement is changed per mutual agreement or any
portion is held invalid, the remainder of the Agreement shall remain in full force and effect.
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:
TO CONSULTANT:
Brett Sheffield, P.E.
Acting City Engineer
City Hall
129 North Second Street
Yakima, WA 98901
Julia L. Walton, AICP
AHBL Inc.,
2215 N. 30`h St. Suite 300
Tacoma, WA 98403-3305
or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands
shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall
be deemed effective when mailed or hand delivered at the addresses specified above.
21. Third Parties. The City and the Consultant 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 Consultant 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 Consultant. 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 lie 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
R. A. Zais, Jr., City Manager
Date: /2 -$-c
ATTEST:
AHBL Inc.
lia . Walton, AICP, Associate Principal
Date: /21/C//6
City Clerk
City Contract No.
City Resolution No.
EXHIBIT "A"
PROJECT PURPOSE
• Provide urban design and public involvement assistance to the City of Yakima for the
West Yakima Avenue Streetscape Project
CONSULTANT TASKS
Task 1: Assess Existing Condition
Assumptions
City provides:
• Base mapping for project
• Existing conditions in GIS, CAD maps, and air photo formats
• Location and size of existing utilities
Tasks
• Review City GIS, CAD maps, and air photos of existing conditions: sidewalk widths, and locations of curb
cuts, alleys, and existing utilities as basis for sidewalk concepts.
• Define a typical sidewalk pattern concept(s) for each typical sidewalk width, which will be used by the City
to advance the design. Typical sidewalk concepts will identify pattern, how pattern resolves with building
entrances, and how pattern resolves where sidewalk width changes.
Task 2: Streetscape Elements
Tasks
• Working from mapping, and in the field with City staff, identify locations of street trees, lighting, art rails,
landscaping, street furniture, and other project elements in the project area.
• Concept plan which integrates the streetscape elements with the sidewalk pattern
• Define concept and project messages and describe:
o How design concept relates to the whole of East Yakima Avenue and Historic District design. This
element potentially includes concepts for banners, signage, or other distinguishing items
o How design concept is unique to West Yakima Business District
Task 3: Project Illustration
Tasks:
• Prepare project presentation graphics and illustrations as needed. Precise graphics to be produced shall be
defined based upon need during the conceptual design phase. Graphics may include the following"
o Photo elevations of buildings and streetscape improvements
o Street sections illustrating project improvements
o Perspective photo renderings of before and after
o Other illustrations as needed
PROJECT DELIVERABLES
• Conceptual plan drawings of typical sidewalk patterns (electronic format)
• Conceptual plan which locates streetscape improvements and their integration with sidewalk patterns
(electronic format)
• Written definition of design concept, its fit into whole of East Yakima Avenue and the Historic District
(electronic format)
• Project illustrations as defined during project design (electronic format)
4
EXHIBIT "B"
SCHEDULE OF CHARGES AND COMPENSATION
Principal 160.00/Hour
Associate Principal 150.00/Hour
Sr. Project Manager 135.00/Hour
Planning Sr. Project Manager 125.00/Hour
Project Manager 125.00/Hour
Planning Project Manager 115.00/Hour
Landscape Project Manager 110.00/Hour
Survey Manager 110.00/Hour
Chief of Parties 110.00/Hour
Project Engineer 5 110.00/Hour
Planner 5 105.00/Hour
Construction Administrator 2 105.00/Hour
Project Engineer 4 100.00/Hour
Special Projects Manager 100.00/Hour
Landscape Architect 2 95.00/Hour
Planner 4 95.00/Hour
Survey Technician 2 90.00/Hour
Engineer Technician 3 90.00/Hour
Party Chief 90.00/Hour
Project Engineer 3 85.00/Hour
Landscape Architect 1 85.00/Hour
Planner 3 85.00/Hour
Landscape Designer 3 75.00/Hour
Project Engineer 2 75.00/Hour
CAD Operator 3 75.00/Hour
Engineer Technician 2 75.00/Hour
Planner 2 75.00/Hour
Project Administrator 75.00/Hour
Project Engineer 1 70.00/Hour
CAD Operator 2 70.00/Hour
Landscape Designer 2 70.00/Hour
Construction Administrator 1 70.00/Hour
Engineer Technician 1 65.00/Hour
Planner 1 65.00/Hour
Large Format Black & White $0.35/sf
Large Format Color $6.00/sf
Large Format Mylar $6.00/sf
Laser Print Color 11 X 17 $1.70/Sheet
Laser Print Color 8.5 X 11 $0.85/Sheet
The Schedule of Charges and Compensation is subject to change.
Charges are made for technical typing, as in the preparation of reports, and for technical clerical
services directly related to projects. Direct charges are not made for general secretarial services,
office management, accounting, or maintenance.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7 g
For Meeting of December 5, 2006
ITEM TITLE: A Resolution authorizing the City Manager to execute a Professional
Services Agreement with AHBL Inc., in an amount not to exceed $10,360
to perform streetscape design, existing condition assessment, and
illustrations for Phase 2 of the Downtown Futures Initiative — West
Yakima Avenue Improvements.
SUBMITTED BY: liam Cook, Director of Community & Economic Development
CONTACT PERSON/TELEPHONE: Michael Morales, Deputy Director 575-3533
SUMMARY EXPLANATION:
The city's Engineering Division has begun the initial design activities for Phase 2 of the Downtown
Futures Initiative — West Yakima Avenue Improvements. The project is estimated to cost $3.75
million, and the project area is West Yakima Avenue from Front Street to 7th Avenue. Project
construction will include new sidewalk, mid -block street lighting (historic style with banner arms
and planter arms if desired), trees, tree lighting an automatic irrigation system, wheelchair ramps
and new curbing as needed along with other street -side amenities, as the budget allows.
Some consultants will be needed to provided specialized services not available within the
engineering division. The attached contract proposal would engage the services of AHBL for
design assistance and project illustrations for use with the public participation process with business
and property owners, as well as the public. AHBL provided a similar service for Phase 1.
The attached resolution authorizes the City Manager to execute the attached Professional Services
Agreement with AHBL Inc. to perform streetscape design, existing condition assessment, and
project illustrations. The attached draft agreement identifies the tasks and estimated costs for
performing these calculations and related services, not to exceed $10,360.
Resolution XX Ordinance Contract XX Other (Specify)
Funding Source: CBD Capitol Improvement Fund 321
APPROVED FOR SUBM111'AL: �� �—=,
City Manager
STAFF RECOMMENDATION: Adopt the resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO.R-2006-175