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HomeMy WebLinkAboutR-2004-119 Washington State Traffic Safety Commission Grant (re: 2004 school zone safety flasher & sidewalk)RESOLUTION NO. R 2004 - 119 A RESOLUTION authorizing and directing the City Manager to execute a professional services agreement between the City of Yakima and Huibregtse, Louman Associates Inc. for the purpose of providing professional engineering services to construct a school -related sidewalk funded by a grant from the Washington Traffic Safety Commission. WHEREAS, the City of Yakima desires to engage Huibregtse, Louman Associates on a professional services contact basis for the City of Yakima in order to construct a school - related sidewalk on Chestnut Avenue and N 65th Avenue, funded by a grant from the Washington Traffic Safety Commission; and WHEREAS, Huibregtse, Louman Associates has the experience and expertise necessary to provide said services, is listed on the City Qualified Consultant Roster and is willing to do so in accordance with the terms and conditions of the attached agreement; and WHEREAS, funds from this Washington Traffic Safety Commission grant must be expended by June 30, 2005, creating a restricted schedule for project completion; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into an agreement similar to the attached agreement with Huibregtse, Louman Associates for professional engineering services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute an agreement similar to the attached and incorporated "Agreement between City of Yakima, Washington and Huibregtse, Louman Associates, Inc. for Professional Services" with Huibregtse, Louman Associates Inc. for professional engineering services to construct a school -related sidewalk funded by a grant from the Washington Traffic Safety Commission. ADOPTED BY THE CITY COUNCIL this 3rd day of August, 2004. ATTEST: W Paul P. George, Mayor KaMan", City Clerk (lk)res/engineering signal enhance christoperson mar 02.pm AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND HUIBREGTSE, LOUMAN ASSOCIATES, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this day of 2004, by and between the City of Yakima, Washington, with principal offices at 129 North Second Street, Yakima, WA 98901, hereinafter referred to as "CITY", and HUIBREGTSE, LOUMAN ASSOCIATES, INC., 801 North 39th Avenue, Yakima, WA 98902, and which corporation and its principal engineers performing this Agreement are licensed and registered to do business in the State of Washington, hereinafter referred to as "ENGINEER," for 2004-2005 SIDEWALK IMPROVEMENTS (West Chestnut Avenue, 65th Avenue to easterly property line of Summitview Elementary School; 65th Avenue, West Chestnut Avenue to approximately 200 feet north of Barge th Street; and Lincoln Avenue, 25Avenue to 29th Avenue), herein called the "PROJECT." WITNESSETH: RECITALS WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and construction engineering of 2004-2005 SIDEWALK IMPROVEMENTS, as described in this Agreement and subsequent Amendments thereto; and WHEREAS, ENGINEER represents that it has available and offers to provide personnel with expertise and experience necessary to satisfactorily accomplish the work within the required time and that it has no conflicts of interest prohibited by law from entering into this Agreement; NOW, THEREFORE, CITY and ENGINEER agree as follows: SECTION 1 INCORPORATION OF RECITALS 1.1 The above recitals are incorporated into these operative provisions of the Agreement. SECTION 2 SCOPE OF SERVICES 2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in writing by both parties, duties of ENGINEER shall not be construed to exceed those services specifically set forth herein. 2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign Michael T. Battle, PE, as Project Manager and William L. Huibregtse, PE, as Principal -in - Charge throughout the term of this Agreement unless other personnel are approved by the CITY. 2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled "City of Yakima - 2004-2005 SIDEWALK IMPROVEMENTS" (WORK) which is part of this Agreement as if fully set forth herein, for sidewalk improvements shown in Exhibit C. G:\JANWAKIMA-JC4\61 wpd 1 2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by ENGINEER can be defined in detail at the time this Agreement is executed, and that additional WORK related to Project and not covered in Exhibit A may be needed during performance of this Agreement. CITY may, at any time, by written order, direct the ENGINEER to revise portions of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the PROJECT, or request that the ENGINEER perform,additional WORK beyond the scope of the PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services." 2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or time required for, performance of any services under this Agreement, a contract price and/or completion time adjustment pursuant to this Agreement shall be made and this Agreement shall be modified in writing accordingly. 2.2.2 Compensation for each such request for Additional Services will be negotiated by the CITY and the ENGINEER according to the provisions set forth in Exhibit B and, if so author- ized, shall be considered part of the PROJECT WORK. The ENGINEER shall not perform any Additional Services until so authorized by CITY and agreed to by the ENGINEER in writing. 2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the date of receipt by the ENGINEER of the written notification of change or of providing services related to an asserted change, whichever is earliest. SECTION 3 CITY'S RESPONSIBILITIES 3.1 CITY -FURNISHED DATA AND RESPONSIBILITY OF CITY: The CITY will provide to the ENGINEER or perform the following: a. Provide full information as to CITY requirements of the Project b. Assist the ENGINEER by placing at his disposal all available information pertinent to the Project including previous reports, record drawings, electronic drawings, plats, surveys, utility records, and any other data relative to design and construction of the Project. c. Obtain all rights of way and easements necessary to construct the PROJECT. d. Correspond and coordinate with the West Valley School District, Summitview Elementary, regarding layout and location of improvements along the school frontage and provide final layout to the ENGINEER for inclusion in the Plans. e. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals, and other documents presented by the ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the work of the ENGINEER. f. Advertise for hearings and proposals for bidders, open the proposals at the appointed time and place, and pay for all costs incidental thereto. g. Obtain approval of all governmental authorities having jurisdiction over the Project and such approvals and consents from such other individuals or bodies as may be necessary for completion of the Project. G:\JAMYAKIMA-JC4\61 wpd 2 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 a City's Representative with respect to WORK to be performed under this Agreement. City's Representative shall have complete authority to transmit instructions and receive information. ENGINEER shall be entitled to reasonably rely on such instructions made by the CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall be responsible for bringing to the attention of the CITY'S Representative any instructions which the ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER'S knowledge. 3.5 Any documents, services, and reports provided by the CITY to the ENGINEER are available solely as additional information to the ENGINEER and will not relieve the ENGINEER of its duties and obligations under this Agreement or at law. The ENGINEER shall be entitled to reasonably rely upon the accuracy and the completeness of such documents, services and reports, but shall be responsible for exercising customary professional care in using and reviewing such documents, services, and reports and drawing conclusions therefrom. SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION 4.1 In signing this Agreement, CITY grants ENGINEER specific authorization to proceed with WORK described in Exhibit A. The time for completion is defined in Exhibit A, or as amended. SECTION 5 COMPENSATION 5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services described in Exhibit A, compensation shall be according to Exhibit D - Schedule of Specific Hourly Rates on a time spent basis plus reimbursement for direct non -salary expenses. 5.1.1 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those costs incurred on or directly for the PROJECT including, but not limited to, necessary transportation costs, including current rates for ENGINEER'S vehicles; meals and lodging; laboratory tests and analyses; printing, binding, and reproduction charges; all costs associated with other outside nonprofessional services and facilities; special CITY -requested and PROJECT -related insurance and performance warranty costs; and other similar costs. Reimbursement for Direct Non -Salary Expenses will be on the basis of actual charges when furnished by commercial sources and on the basis of current rates when furnished by ENGINEER. Estimated Direct Non -Salary Expenses are shown in Exhibit B. 5.1.1.2 Travel costs, including transportation, lodging, subsistence, and incidental expenses incurred by employees of the ENGINEER and each of the Subconsultants in connection with PROJECT WORK; provided, as follows: G:UAMYAKI MA-JC4\61.wpd 3 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 $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 that amount set forth in Exhibit B. The ENGINEER will make reasonable efforts to complete the WORK within the budget and will keep CITY informed of progress toward that end so that the budget or WORK effort can be adjusted if found necessary. The ENGINEER is not obligated to incur costs beyond the indicated budget, as may be adjusted, nor is the CITY obligated to pay the ENGINEER beyond these limits. When any budget has been increased, the ENGINEER'S excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase, and provided that the City was informed in writing at the time such costs were incurred. 5.3 The ENGINEER will use its best efforts to submit to the City's Representative by the 10th day of each calendar month an invoice for payment for PROJECT services completed through the accounting cut-off day of the previous month. Such invoices shall be for PROJECT services and WORK performed and costs incurred prior to the date of the invoice and not covered by previously submitted invoices. The ENGINEER shall submit with each invoice a summary of time expended on the PROJECT for the current billing period, copies of subconsultant invoices, and any other supporting materials determined by the City necessary to substantiate the costs incurred. CITY will use its best efforts to pay such invoices within thirty (30) days of receipt and upon approval of the WORK done and amount billed. CITY will notify the ENGINEER promptly if any problems are noted with the invoice. CITY may question any item in an invoice, noting to ENGINEER the questionable item(s) and withholding payment for such item(s). The ENGINEER may resubmit such item(s) in a subsequent invoice together with additional supporting information required. 5.4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on the unpaid balance shall accrue beginning with the sixty-first (61) day at the rate of 1.0% per month or the maximum interest rate permitted by law, whichever is less; provided, however, that no interest shall accrue pursuant to Chapter 39.76 RCW when before the date of timely G: JAN\YAKIMA-JC4\61 wpd 4 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 claims against CITY arising under or by virtue of this Agreement, other than such claims, if any, as may be specifically exempted by the ENGINEER from the operation of the release in stated amounts to be set forth therein. 5.6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY of any claims, right, or remedy it may have against the ENGINEER under this Agreement or by law, nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure or fault of the ENGINEER to satisfactorily perform the PROJECT WORK as required under this Agreement. SECTION 6 RESPONSIBILITY OF ENGINEER 6.1 The ENGINEER shall be responsible for the professional quality, technical adequacy and accuracy, timely completion, and the coordination of all plans, design, drawings, specifications, reports, and other services furnished by the ENGINEER under this Agreement. The ENGINEER shall, without additional compensation, correct or review any errors, omissions, or other deficiencies in its plans, designs, drawings, specifications, reports, and other services. The ENGINEER shall perform its WORK according to generally accepted civil engineering standards of care and consistent with achieving the PROJECT WORK within budget, on time, and in compliance with applicable laws, regulations, and permits. 6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications, reports, and incidental WORK or services furnished hereunder shall not in any way relieve the ENGINEER of responsibility for the technical adequacy, completeness, or accuracy of its WORK and the PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not be construed to operate as a waiver of any rights under this Agreement or at law or any cause of action arising out of the performance of this Agreement. 6.3 In performing WORK and services hereunder, the ENGINEER and its subcontrac- tors, subconsultants, employees, agents, and representatives shall be acting as independent contractors and shall not be deemed or construed to be employees or agents of CITY in any manner whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an officer or employee of CITY by reason hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of CITY. The ENGINEER shall be solely responsible for any claims for wages or compensation by ENGINEER employees, agents, and representatives, including subconsultants and subcontractors, and shall save and hold CITY harmless therefrom. 6.4 INDEMNIFICATION: (a) ENGINEER agrees to indemnify, defend, and hold the CITY harmless from loss, cost, or expense, including legal fees, of any kind claimed by third parties, including without limitation such loss, cost, or expense resulting from injuries to persons or damages to property, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subconsultants in connection with the PROJECT. In the event that any lien is placed upon the property of the CITY or any of the CITY'S officers, employees, or agents as a result of the G.'JAMYAKIMA•JC4\61.wpd 5 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. 6.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Agreement shall not be limited, in any way by any limitation on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other employee benefit acts. The ENGINEER waives its immunity under the Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the ENGINEER and the CITY as evidenced by their specific and express initialing of this paragraph. &.. ENGINEER'S INITIALS 2 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 the safety of construction work, or for compliance by contractors with laws and regulations. CITY shall use its best efforts to ensure that the construction contract requires that the contractor(s) indemnify and name CITY, the CITY'S and the ENGINEER'S officers, principals, employees, agents, representatives, and engineers as additional insureds on contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER professional liability. 6.7 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observation, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER, to the extent that ENGINEER has exercised the applicable standard of professional care and judgment in such investigations. SECTION 7 PROJECT SCHEDULE AND BUDGET 7.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component tasks shall be as set forth in this Agreement and attachments. The project schedule and performance dates for the individual tasks shall be mutually agreed to by the CITY and the ENGINEER within fifteen days after execution of this Agreement. The performance dates and budgets for tasks may be modified only upon written agreement of the parties hereto. The G: V AN\Y AK I MA -JC 4\61. wp d 6 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 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 in behalf of the CITY without written permission of the ENGINEER, which shall not be reasonably withheld 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 reuse, change, or alteration; provided, however, that the ENGINEER will not be indemnified for such claims, damages, losses, and costs including without limitations litigation expenses and attorney fees where caused by the ENGINEER's own acts or omissions. 8.2 The ENGINEER agrees that ownership of any plans, drawings, designs, specifications, computer programs, technical reports, operating manuals, calculations, notes, and other WORK submitted or which are specified to be delivered under this Agreement or which are developed or produced and paid for under this Agreement, whether or not complete, shall be vested in the CITY. SECTION 9 AUDIT AND ACCESS TO RECORDS 9.1 The ENGINEER, including its subconsultants, shall maintain books, records, docu- ments 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. G:UAMYAKI MA-JC4\61.wpd 7 9.4 The ENGINEER shall ensure that substantially the foregoing paragraphs are included in each subcontract for WORK on the Project. 9.5 Any charges of the ENGINEER paid by the CITY found by an audit to be inadequately substantiated shall be reimbursed to the CITY. SECTION 10 INSURANCE 10.1 Prior to beginning WORK under this Agreement, the ENGINEER shall provide Certificates of Insurance satisfactory to the CITY as evidence that policies providing the following coverage and limits of insurance are in full force and effect. The CITY and the CITY'S officers, principals, employees, representatives, and agents shall be designated as additional insured on all such policies except for professional liability and Worker's Compensation. Such insurance shall be primary to the extent covered as additional insureds and other insurance maintained or carried by the CITY shall be separate and distinct and shall not be contributing with the insurance listed hereunder. 10.1.1 Comprehensive general liability insurance, including personal injury liability, blanket contractual liability, and broad -form property damage liability coverage. The combined single limit for bodily injury and property damage shall be not less than $1,000,000 per occurrence. 10.1.2. Automobile bodily injury and property damage liability insurance covering owned, non -owned, rented, and hired cars. The combined single limit for bodily injury and property damage shall be not less than $1,000,000 per occurrence. 10.1.3. state law. 10.1.4. $1,000,000. Statutory workers' compensation and employer's liability insurance as required by Professional liability insurance. The limit of liability shall be not less than Failure of either or all of the additional insureds to report a claim under such insur- ance shall not prejudice the rights of the CITY, its officers, employees, agents, and representa- tives thereunder. The CITY and the CITY'S officers, principals, employees, representatives, and agents shall have no obligation for payment of premiums because of being named as additional insureds under such insurance. None of the policies issued pursuant to the requirements contained herein shall be canceled, allowed to expire, or changed in any manner so as to affect the rights of the City thereunder until thirty (30) days after written notice to the CITY of such intended cancellation, expiration, or change. SECTION 11 SUBCONTRACTS 11.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract any portion of the WORK to be performed under this Agreement. 11.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any substitutions thereof, will be subject to prior approval by CITY, which approval shall not be unreasonably withheld. Each subcontract shall be subject to review by the CITY'S Representative, if requested, prior to the subconsultant or subcontractor proceeding with the WORK. Such review shall not constitute an approval as to the legal form or content of such subcontract. The ENGINEER shall be responsible for the architectural and engineering performance, acts, and omissions of all persons and firms performing subcontract WORK. G:\JANWAKIMA-JC4\61.wpd 8 11.3 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK completed by subconsultants and subcontractors during the preceding month and copies of all invoices thereto. SECTION 12 ASSIGNMENT 12.1 This Agreement is binding on the heirs, successors, and assigns of the parties hereto. This Agreement may not be assigned by CITY or ENGINEER without prior, written consent of the other, which consent will not be unreasonably withheld. SECTION 13 INTEGRATION 13.1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties. SECTION 14 JURISDICTION AND VENUE 14.1 This Agreement shall be administered and interpreted under the laws of the State of Washington. Jurisdiction of litigation arising from this Agreement shall be in that state. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. Venue of all disputes shall be Yakima County, State of Washington. SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION 15.1 In connection with the Services under this Agreement, ENGINEER agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. SECTION 16 SUSPENSION OF WORK 16.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond CITY'S control are interfering with normal progress of the WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond ENGINEER's control are interfering with normal progress of the WORK. ENGINEER may suspend WORK on PROJECT in the event CITY does not pay invoices when due, except where otherwise provided by this Agreement. The time for completion of the WORK shall be extended by the number of days WORK is suspended. If the period of suspension exceeds 90 days, the terms of this Agreement are subject to renegotiation, and both parties are granted the option to terminate WORK on the suspended portion of Project in accordance with SECTION 17. SECTION 17 TERMINATION OF WORK 17.1 Either party may terminate this Agreement, in whole or in part, if the other party materially breaches its obligations under this Agreement and is in default through no fault of the terminating party. However, no such termination may be effected unless the other party is given: (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) G:UAMYAKIMA-JC4\61.wpd 9 hours of mailing by certified mail to the place of business of either party as set forth in this Agreement. 17.2 In addition to termination under subparagraph A of this Section, CITY may ter- minate 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 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. G: V AMYAKI M A-JC4\61. wpd 10 SECTION 18 ARBITRATION 18.1 AH claims, counterclaims, disputes, and other matters in question arising out of, or relating to, this AGREEMENT or the breach thereof may be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining. Either CITY or ENGINEER may initiate a request for such arbitration, but consent of the other party to such arbitration shall be a necessary precondition to arbitration. SECTION 19 NOTICE 19.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at the address set forth below. Notice shall be considered issued and effective upon receipt thereof by the addressee -party, or seventy-two hours after mailing by certified mail to the place of business set forth below, whichever is earlier. CITY: City of Yakima 2301 Fruitvale Boulevard Yakima, WA 98902 Attn: Mr. Chris Waarvick, Public Works Director ENGINEER: HUIBREGTSE, LOUMAN ASSOCIATES, INC. 801 North 39th Avenue Yakima, WA 98902 Attn: William L. Huibregtse, PE, Principal -in -Charge IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective authorized officers or representatives as of the day and year first above written. CITY OF YAKIMA HUIBREGTSE, LOUMAN ASSOCIATES, INC. Signature Richard A. Zais, Jr. (Printed Name) Title: City Manager Date: Signature William L. Huibregtse (Printed Name) Title: President Date: C. Clerk ®� CITY CONTRACT 1 RESOLUTION 00 ,499-/,9 1 1 G: V AINYAKIMA-JC4\61.wpd STATE OF WASHINGTON COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that 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 of CITY OF YAKIMA to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Seal or Stamp G: VAMYAKIMA-JC4161.wpd (Signature) Title Printed Name My commission expires: 12 STATE OF WASHINGTON COUNTY OF YAKIMA ) ) ss. I certify that I know or have satisfactory evidence that William L. Huibregtse, PE, is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the President of Huibregtse, Louman Associates, Inc., to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Seal or Stamp CHARS /q�sP��,�, I o rrA/. NOTARY i PUBLIC V Ge/S JO G:UAMYAKIMA-JC4\61.wpd tk__ /. , fit -//"7/1 ,zyc — (S' nature) '4' � y /q,,,ezie Title .} X4 -,1,'1) u irki s e rL, t c Printed Name My commission expires: e 13 EXHIBIT A CITY OF YAKIMA - 2004-2005 SIDEWALK IMPROVEMENTS SCOPE OF WORK During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection with the following project: City of Yakima - 2004-2005 Sidewalk Improvements This scope of work shall include the furnishing of all services, labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the work as indicated hereinafter. The work to be performed involves design engineering, preparation of plans, specifications, and estimates for up to two (2) schedules of work. 1. PROJECT MANAGEMENT A. Project Management. The project manager will coordinate ENGINEER's design team to ensure that the work is completed on schedule, is technically competent, and meets the CITY's needs. The project manager will provide overall project management for ENGINEER's work elements including, progress reports, and invoicing. B. Project Meetings. Attend up to two (2) project meetings in Yakima with CITY Staff to coordinate the design aspects of the project with the CITY. C. Public Meetings. Attend up to two (2) public meetings in support of the CITY to address technical aspects of the work related to final design and preparation of plans and specifications for the Project. 2. DESIGN AND FINAL PLANS AND SPECIFICATIONS A. Perform field investigations and field surveying necessary to supplement existing pre -design data for the design of identified improvements. B. Perform the preliminary design and present preliminary plans to the CITY prior to detailing final Plans. C. On the basis of approved preliminary plans, perform the final design and prepare complete Plans and Specifications for bid call on the proposed work, as authorized by the CITY. D. Furnish the CITY thirty (30) copies of the final Plans and Specifications for bidding and construction. E. Furnish to the CITY engineering data for and assist in the preparation of the required documents so that the CITY may secure approval of such governmental authorities as have jurisdiction over design criteria applicable to the Project. G: JAMYAKIMA-JC4\61.wpd 14 F. Answer and supply such information as is requested by prospective bidders. G. Prepare and issue addenda, if necessary. H. Prepare the Engineer's Estimate of construction cost. Attend bid opening and participate in the bid opening and evaluation process. J. Prepare tabulation of all bids received by the CITY and review bidder's qualifica- tions. K. Make recommendation of construction contract award to the lowest responsible bidder. The following professional services work for this project (SERVICES DURING CONSTRUCTION) is provided for information only at this time. The scope and cost of SERVICES DURING CONSTRUCTION professional services are intended to be negotiated and incorporated into this agreement by supplement/addendum at a later date with the mutual agreement of CITY and ENGINEER: 3. SERVICES DURING CONSTRUCTION A. Furnish the field survey crew necessary to set horizontal and vertical control for the improvements authorized for construction. B. Furnish a qualified resident engineer who shall make construction observations and be on the job at all times that significant work is in progress, whose duty shall be to provide surveillance of project construction for substantial compliance with Plans and Specifications. C. Prepare progress reports on the Project and file same with the CITY and provide monthly progress estimates to the CITY. D. Consult and advise the CITY during construction and make a final report of the completed work. E. Monitor the construction contractor's compliance with State labor standards. F. Review Contractor's submission of samples and shop drawings, where applicable. G. Recommend progress payments for the construction contractor to the CITY. H. Prepare and submit proposed contract change orders when applicable. !. Prepare and furnish reproducible record drawings of all completed work from as - built drawings furnished by the CITY's construction contractor. G:\JAMYAKIMA-JC4\61. wpd 15 EXHIBIT B 2004-2005 Sidewalk Improvements Professional Fees Compensation for professional services will be on a time spent basis at the specific hourly rates shown on Exhibit D, plus reimbursement for direct non -salary expenses. The following spreadsheet shows the estimated time and expenses to perform design engineering, plans, specifications, and estimate for this 2004-2005 Sidewalk Improvement Project. The maximum amount of compensation to the ENGINEER for this work will be $21,018.00. This maximum amount will not be exceeded without the written agreement of the CITY and the ENGINEER. PROJECT TITLE: 2004-2005 Sidewalk Improvements CLIENT. CITY OF YAKIMA JOB NUMBER: Huibregtse, Louman Associates, Inc. (040XX) DATE. July 7, 2004 ENGINEER'S HOURLY ESTIMATE TASK NO PROJECT TASK Principal Engineer Licensed Prof. Engineer Licensed Land Surveyor CAD Operator 2 -Man Survey Crew Clerical TOTAL HRS TASK DIRECT COSTS $123 $101 $94 $73 $135 $49 1 PROJECT MANAGEMENT A Project Management 2 4 0 0 0 0 6 650.00 B Project Meetings 0 3 0 10 0 0 3 303.00 C Public Meetings 0 3 0 f 0 0 3 303.00 2 DESIGN AND FINAL PLANS, SPECIFICATIONS, & ESTIMATE A Field investigations and field surveying 0 4 4 4 32 0 44 5,392.00 B Perform the preliminary design 2 18 4 32 2 6 64 5,340.00 C In-house project review, quality control 1 4 0 0 0 2 7 625.00 D Incorporate Agency Review comments 1 2 0 8 0 2 13 1,007.00 E Final design, Plans, and Specifications 1 10 0 24 0 2 37 2,925.00 F Furnish copies of Plans and Specifications 0 1 0 0 0 2 3 199.00 G Fumish engineering data for approvals 0 1 0 0 0 0 1 101.00 H Answer bidders questions 1 2 0 0 0 0 3 325.00 I Prepare and issue addenda 1 2 0 0 0 2 5 423.00 J Prepare Estimate of construc- tion cost 1 4 0 4 0 1 10 868.00 K Attend bid opening 1 2 0 0 0 0 3 325.00 G:UAN\YAKIMA•JC4\67 wpd 16 TASK NO PROJECT TASK Principal Engineer Licensed Prof. Engineer Licensed Land Surveyor CAD Operator 2 -Man Survey Crew Clerical TOTAL HRS TASK DIRECT COSTS $123 $101 $94 $73 $135 $49 L Prepare tabulation of bids 0 2 0 0 0 2 4 300.00 M Make recommendation of con- struction contract award 1 2 0 0 0 1 4 374.00 Labor Subtotal 12 64 8 72 34 20 210 19,518.00 EXPENSES: hours $/hr Computers: 0.00 Travel: Cost/ Unit Air Trips Ground Trp. Days Trip Miles Air Travel $0.00 0.00 Mileage $0.32 0.00 Meals/Lodging $0.00 0.00 Misc. expenses: FAX 1 0.00 TELEPHONE 0.00 POSTAGE 0.00 OUTSIDE PRINTING 1,500.00 SUB -CONSULTANTS: x 1 1 0.00 Subtotal - Labor 19,518.00 Subtotal - Expenses Subtotal - Subconsultants 1,500.00 0.00 Total - DESIGN AND FINAL PLANS AND SPECIFICATIONS $21,018.00 G:\JAMYAKIMA-JC4\61.wpd 17 SKYLINE AVE S 69T A z BITT RROOT HAVEN WAY SUMMITVIEW AVE YAKIMA AVE S 69TH AVE BRISTOL z w WAY U a S 66TH AVE PARSONS AVE W NOB HILL BLVD w F - co SH AMR CK W YAKIMA AVE S 64TH AVE S 62ND AVE W. •E S W BARGE ST CHESTNUT AVE. w 1- 0 co co w t- 0 co cn MEADOW co z McCLAREN ST S 59TH AVE w H 0 MEd co 0) z 1- w 1- 0 Lo z z w BRI CITY OF YAKIMA 2004-2005 SIDEWALK IMPROVEMENTS 65th AVENUE/CHESTNUT AVE. EXHIBITC EXHIBIT "D" SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. (January 1, 2004, Through December 31, 2004) Principal Engineer Licensed Professional Engineer Licensed Professional Land Surveyor Project Engineer CAD Technician Resident Engineer/Inspector Surveyor Senior Engineering Technician Engineering Technician Word Processing Technician Two Man Survey Party Three Man Survey Party Vehicle Mileage Global Positioning Survey System Fee G:UAMYAKIMA•JC4‘61. wpd $123.00 per hour $101.00 per hour $94.00 per hour $85.00 per hour $73.00 per hour $70.00 per hour $70.00 per hour $56.00 per hour $49.00 per hour $49.00 per hour $135.00 per hour $176.00 per hour $0.32 per mile $72.00 per hour EXHIBIT "D" SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. (January 1, 2005, Through December 31, 2005) Principal Engineer $127.00 per hour Licensed Professional Engineer $105.00 per hour Licensed Professional Land Surveyor $97.00 per hour Project Engineer $88.00 per hour CAD Technician $76.00 per hour Resident Engineer/Inspector $72.00 per hour Surveyor $72.00 per hour Senior Engineering Technician $58.00 per hour Engineering Technician $51.00 per hour Word Processing Technician $51.00 per hour Two Man Survey Party $140.00 per hour Three Man Survey Party $182.00 per hour Vehicle Mileage $0.32 per mile Global Positioning Survey System Fee $72.00 per hour G:\JANWAKIMA-JC4\61.wpd AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND HUIBREGTSE, LOUMAN ASSOCIATES, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this ,24%66 day of /-,turas , 2004, by and between the City of Yakima, Washington, with principal offices at 129 North Second Street, Yakima, WA 98901, hereinafter referred to as "CITY", and HUIBREGTSE, LOUMAN ASSOCIATES, INC., 801 North 39`h 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 2004-2005 SIDEWALK IMPROVEMENTS (West Chestnut Avenue, 65th Avenue to easterly property line of Summitview Elementary School including improvements to a parking area in front of the school; and 65' Avenue, West Chestnut Avenue to approximately 200 feet north of Barge Street) herein called the "PROJECT.” WITNESSETH: RECITALS WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and construction engineering of 2004-2005 SIDEWALK IMPROVEMENTS, as described in this Agreement and subsequent Amendments thereto; and WHEREAS, ENGINEER represents that it has available and offers to provide personnel with expertise and experience necessary to satisfactorily accomplish the work within the required time and that it has no conflicts of interest prohibited by law from entering into this Agreement; NOW, THEREFORE, CITY and ENGINEER agree as follows: SECTION 1 INCORPORATION OF RECITALS 1.1 Agreement. The above recitals are incorporated into these operative provisions of the 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 Michael T. Battle, PE, as Project Manager and William L. Huibregtse, PE, as Principal -in - Charge throughout the term of this Agreement unless other personnel are approved by the CITY. G:\JAN\YAKI MA-JC4\61.wpd 1 2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled "City of Yakima - 2004-2005 SIDEWALK IMPROVEMENTS" (WORK) which is part of this Agreement as if fully set forth herein, for improvements shown in Exhibit C. 2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by ENGINEER can be defined in detail at the time this Agreement is executed, and that additional WORK related to Project and not covered in Exhibit A may be needed during performance of this Agreement. CITY may, at any time, by written order, direct the ENGINEER to revise portions of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the PROJECT, or request that the ENGINEER perform additional WORK beyond the scope of the PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services." 2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or time required for, performance of any services under this Agreement, a contract price and/or completion time adjustment pursuant to this Agreement shall be made and this Agreement shall be modified in writing accordingly. 2.2.2 Compensation for each such request for Additional Services will be negotiated by the CITY and the ENGINEER according to the provisions set forth in Exhibit B and, if so authorized, shall be considered part of the PROJECT WORK. The ENGINEER shall not perform any Additional Services until so authorized by CITY and agreed to by the ENGINEER in writing. 2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the date of receipt by the ENGINEER of the written notification of change or of providing services related to an asserted change, whichever is earliest. SECTION 3 CITY'S RESPONSIBILITIES 3.1 CITY -FURNISHED DATA AND RESPONSIBILITY OF CITY: The CITY will provide to the ENGINEER or perform the following: a. Provide full information as to CITY requirements of the Project b. Assist the ENGINEER by placing at his disposal all available information pertinent to the Project including previous reports, record drawings, electronic drawings, plats, surveys, utility records, and any other data relative to design and construction of the Project. c. Obtain all rights of way and easements necessary to construct the PRO- JECT. d. Correspond and coordinate with the West Valley School District, Summitview Elementary, regarding layout and location of improvements along the school frontage and provide final layout to the ENGINEER for inclusion in the Plans. e. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals, and other documents presented by the ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the work of the ENGINEER. f. Advertise for hearings and proposals for bidders, open the proposals at the appointed time and place, and pay for all costs incidental thereto. G:W ANIYAK I MA-JC4161.wpd 2 g. Obtain approval of all governmental authorities having jurisdiction over the Project and such approvals and consents from such other individuals or bodies as may be necessary for completion of the Project. 3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably accessible to ENGINEER as required for ENGINEER'S performance of its services and will provide labor and safety equipment as reasonably required by ENGINEER for such access. 3.3 TIMELY REVIEW: The CITY will examine the ENGINEER'S studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY deems appropriate; and render in writing decisions required of CITY in a timely manner. Such examinations and decisions, however, shall not relieve the ENGINEER of any contractual obligations nor of its duty to render professional services meeting the standards of care for its profession. 3.4 CITY shall appoint a City's Representative with respect to WORK to be performed under this Agreement. City's Representative shall have complete authority to transmit instructions and receive information. ENGINEER shall be entitled to reasonably rely on such instructions made by the CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall be responsible for bringing to the attention of the CITY'S Representative any instructions which the ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER'S knowledge. 3.5 Any documents, services, and reports provided by the CITY to the ENGINEER are available solely as additional information to the ENGINEER and will not relieve the ENGINEER of its duties and obligations under this Agreement or at law. The ENGINEER shall be entitled to reasonably rely upon the accuracy and the completeness of such documents, services and reports, but shall be responsible for exercising customary professional care in using and reviewing such documents, services, and reports and drawing conclusions therefrom. SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION 4.1 In signing this Agreement, CITY grants ENGINEER specific authorization to proceed with WORK described in Exhibit A. The time for completion is defined in Exhibit A, or as amended. SECTION 5 COMPENSATION 5.1 COMPENSATION ON ATIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services described in Exhibit A, compensation shall be according to Exhibit D - Schedule of Specific Hourly Rates on a time spent basis plus reimbursement for direct non -salary expenses. 5.1.1 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those costs incurred on or directly for the PROJECT including, but not limited to, necessary transportation costs, including current rates for ENGINEER'S vehicles; meals and lodging; laboratory tests and analyses; printing, binding, and reproduction charges; all costs associated with other outside nonprofessional services and facilities; special CITY -requested and PROJECT -related insurance and performance warranty costs; and other similar costs. Reimbursement for Direct Non -Salary Expenses will be on the basis of actual charges when furnished by commercial sources and on the basis of current rates when furnished by ENGINEER. Estimated Direct Non -Salary Expenses are shown in Exhibit B. G:\JAN\YAKI MA-JC4\61.wpd 3 5.1.1.2 Travel costs, including transportation, lodging, subsistence, and incidental expenses incurred by employees of the ENGINEER and each of the Subconsultants in connection with PROJECT WORK; provided, as follows: ❖ That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents per mile will be paid for the operation, maintenance, and depreciation costs of company or individually owned vehicles for that portion of time they are used for PROJECT WORK. ENGINEER, whenever possible, will use the least expensive form of ground transportation. That reimbursement for meals inclusive of tips shall not exceed a maximum of $40 per day per person This rate may be adjusted on a yearly basis. ❖ That accommodation shall be at a reasonably priced hotel/motel. ❖ That air travel shall be by coach class, and shall be used only when absolutely necessary. 5.1.2 Telephone charges, computer charges, in-house reproduction charges, first class postage, and FAX charges are not included in the direct expense costs, but are considered included in the Schedule of Specific Hourly Billing Rates. 5.1.3 Professional Subconsultants. Professional Subconsultants are those costs for engineering, architecture, geotechnical services and similar professional services approved by the CITY. Reimbursement for Professional Subconsultants will be on the basis of 1.10 times the actual costs billed by the Professional Subconsultant for services provided to the CITY through this Agreement. Estimated Subconsultant costs are shown in Exhibit B. 5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT shall not exceed that amount set forth in Exhibit B. The ENGINEER will make reasonable efforts to complete the WORK within the budget and will keep CITY informed of progress toward that end so that the budget or WORK effort can be adjusted if found necessary. The ENGINEER is not obligated to incur costs beyond the indicated budget, as may be adjusted, nor is the CITY obligated to pay the ENGINEER beyond these limits. When any budget has been increased, the ENGINEER'S excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase, and provided that the City was informed in writing at the time such costs were incurred. 5.3 The ENGINEER will use its best efforts to submit to the City's Representative by the 10th day of each calendar month an invoice for payment for PROJECT services completed through the accounting cut-off day of the previous month. Such invoices shall be for PROJECT services and WORK performed and costs incurred prior to the date of the invoice and not covered by previously submitted invoices. The ENGINEER shall submit with each invoice a summary of time expended on the PROJECT for the current billing period, copies of subconsultant invoices, and any other supporting materials determined by the City necessary to substantiate the costs incurred. CITY will use its best efforts to pay such invoices within thirty (30) days of receipt and upon approval of the WORK done and amount billed. CITY will notify the ENGINEER promptly if any problems are noted with the invoice. CITY may question any item in an invoice, noting to ENGINEER the questionable item(s) and withholding payment for such item(s). The ENGINEER may resubmit such item(s) in a subsequent invoice together with additional supporting information required. G:UAN\YAKI MA -J C4\61.wpd 4 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 claims against CITY arising under or by virtue of this Agreement, other than such claims, if any, as may be specifically exempted by the ENGINEER from the operation of the release in stated amounts to be set forth therein. 5.6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY of any claims, right, or remedy it may have against the ENGINEER under this Agreement or by law, nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure or fault of the ENGINEER to satisfactorily perform the PROJECT WORK as required under this Agreement. SECTION 6 RESPONSIBILITY OF ENGINEER 6.1 The ENGINEER shall be responsible for the professional quality, technical adequacy and accuracy, timely completion, and the coordination of all plans, design, drawings, specifications, reports, and other services furnished by the ENGINEER under this Agreement. The ENGINEER shall, without additional compensation, correct or review any errors, omissions, or other deficiencies in its plans, designs, drawings, specifications, reports, and other services. The ENGINEER shall perform its WORK according to generally accepted civil engineering standards of care and consistent with achieving the PROJECT WORK within budget, on time, and in compliance with applicable laws, regulations, and permits. 6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, spec- ifications, reports, and incidental WORK or services furnished hereunder shall not in any way relieve the ENGINEER of responsibility for the technical adequacy, completeness, or accuracy of its WORK and the PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not be construed to operate as a waiver of any rights under this Agreement or at law or any cause of action arising out of the performance of this Agreement. 6.3 In performing WORK and services hereunder, the ENGINEER and its subcontrac- tors, subconsultants, employees, agents, and representatives shall be acting as independent contractors and shall not be deemed or construed to be employees or agents of CITY in any manner whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an officer or employee of CITY by reason hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of CITY. The ENGINEER shall be solely responsible for any claims for wages or compensation by ENGINEER employees, agents, and representatives, including subconsultants and subcontractors, and shall save and hold CITY harmless therefrom. G:\JAN\YAKIMA-J C4161.wpd 5 6.4 INDEMNIFICATION: (a) ENGINEER agrees to indemnify, defend, and hold the CITY harmless from loss, cost, or expense, including legal fees, of any kind claimed by third parties, including without limitation such Toss, cost, or expense resulting from injuries to persons or damages to property, caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers, and subconsultants in connection with the PROJECT. In the event that any lien is placed upon the property of the CITY or any of the CITY'S officers, employees, or agents as a result of the negligence or willful misconduct of the ENGINEER, the ENGINEER shall at once cause the same to be dissolved and discharged by giving bond or otherwise. (b) In the event both the ENGINEER and the CITY are negligent, the ENGINEER'S liability for indemnification of the CITY shall be limited to the contributory negligence for any resulting suits, actions, claims, liability, damages, judgments, costs, and expenses (including reasonable attorney's fees) that can be apportioned to the ENGINEER, its officers, employees, agents, and/or subcontractors. 6.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Agreement shall not be limited, in any way by any limitation on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other employee benefit acts. The ENGINEER waives its immunity under the Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the ENGINEER and the CITY as evidenced by their specific and express initialing of this paragraph. ENGINEER'S INITIALS /1/.// CITY'S INITIALS 6.6 Itis 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 the safety of construction work, or for compliance by contractors with laws and regulations. CITY shall use its best efforts to ensure that the construction contract requires that the contractor(s) indemnify and name CITY, the CITY'S and the ENGINEER'S officers, principals, employees, agents, representatives, and engineers as additional insureds on contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER professional liability. 6.7 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observation, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER, to the extent that ENGINEER has exercised the applicable standard of professional care and judgment in such investigations. SECTION 7 PROJECT SCHEDULE AND BUDGET 7.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component tasks shall be as set forth in this Agreement and attachments. The project schedule G:\JAN\YAKI MA -J C4\61.wpd 6 and performance dates for the individual tasks shall be mutually agreed to by the CITY and the ENGINEER within fifteen days after execution of this Agreement. The performance dates and 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 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 in behalf of the CITY without written permission of the ENGINEER, which shall not be reasonably withheld 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 reuse, change, or alteration; provided, however, that the ENGINEER will not be indemnified for such claims, damages, losses, and costs including without limitations litigation expenses and attorney fees where caused by the ENGINEER's own acts or omissions. 8.2 The ENGINEER agrees that ownership of any plans, drawings, designs, specifications, computer programs, technical reports, operating manuals, calculations, notes, and other WORK submitted or which are specified to be delivered under this Agreement or which are developed or produced and paid for under this Agreement, whether or not complete, shall be vested in the CITY. SECTION 9 AUDIT AND ACCESS TO RECORDS 9.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and other evidence directly pertinent to performance of the WORK under this Agree- ment 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. G: JAN1YAKIMA-JC4161.wpd 7 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 substantially the foregoing paragraphs are included in each subcontract for WORK on the Project. 9.5 Any charges of the ENGINEER paid by the CITY found by an audit to be inadequately substantiated shall be reimbursed to the CITY. SECTION 10 INSURANCE 10.1 Prior to beginning WORK under this Agreement, the ENGINEER shall provide Certificates of Insurance satisfactory to the CITY as evidence that policies providing the following coverage and limits of insurance are in full force and effect. The CITY and the CITY'S officers, principals, employees, representatives, and agents shall be designated as additional insured on all such policies except for professional liability and Worker's Compensation. Such insurance shall be primary to the extent covered as additional insureds and other insurance maintained or carried by the CITY shall be separate and distinct and shall not be contributing with the insurance listed hereunder. ENGINEER's insurance carrier shall be rated A -VII or higher in Best's Guide and admitted in the State of Washington. 10.1.1 Comprehensive general liability insurance, including personal injury liability, blanket contractual liability, and broad -form property damage liability coverage. The combined single limit for bodily injury and property damage shall be not less than $1,000,000 per occurrence. 10.1.2. Automobile bodily injury and property damage liability insurance covering owned, non -owned, rented, and hired cars. The combined single limit for bodily injury and property damage shall be not less than $1,000,000 per occurrence. 10.1.3. state law. Statutory workers' compensation and employer's liability insurance as required by 10.1.4. Professional liability insurance. The limit of liability shall be not less than $1,000,000. If the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before August 1, 2004, or shall provide full prior acts. The insurance coverage shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement. 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 insureds under such insurance. None of the policies issued pursuant to the requirements contained herein shall be canceled, allowed to expire, or changed in any manner so as to affect the rights of the City thereunder until thirty (30) days after written notice to the CITY of such intended cancellation, expiration, or change. G:1JAN\YAKI MA-JC4161.wpd 8 SECTION 11 SUBCONTRACTS 11.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract any portion of the WORK to be performed under this Agreement. 11.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any substitutions thereof, will be subject to prior approval by CITY, which approval shall not be unreasonably withheld. Each subcontract shall be subject to review by the CITY'S Representative, if requested, prior to the subconsultant or subcontractor proceeding with the WORK. Such review shall not constitute an approval as to the legal form or content of such subcontract. The ENGINEER shall be responsible for the architectural and engineering performance, acts, and omissions of all persons and firms performing subcontract WORK. 11.3 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK completed by subconsultants and subcontractors during the preceding month and copies of all invoices thereto. SECTION 12 ASSIGNMENT 12.1 This Agreement is binding on the heirs, successors, and assigns of the parties hereto. This Agreement may not be assigned by CITY or ENGINEER without prior, written consent of the other, which consent will not be unreasonably withheld. SECTION 13 INTEGRATION 13.1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties. SECTION 14 JURISDICTION AND VENUE 14.1 This Agreement shall be administered and interpreted under the laws of the State of Washington. Jurisdiction of litigation arising from this Agreement shall be in that state. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. Venue of all disputes shall be Yakima County, State of Washington. SECTION 15 EQUAL EMPLOYMENT, NONDISCRIMINATION, and DRUG FREE WORK- PLACE 15.1 In connection with the Services under this Agreement, ENGINEER agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. 15.2 In accordance with the Anti -Drug Act of 1988, 41 U.S.C. 702-707 and the Drug -Free Workplace Act, 42 U.S.C. 12644, the ENGINEER has the responsibility to ensure that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance by any employee of the ENGINEER and by any employee of any subcontractor or subconsultant of the ENGINEER is prohibited in the workplace. G:\JAN\YAKI MA-JC4\61.wpd 9 SECTION 16 SUSPENSION OF WORK 16.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond CITY'S control are interfering with normal progress of the WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond ENGINEER's control are interfering with normal progress of the WORK. ENGINEER may suspend WORK on PROJECT in the event CITY does not pay invoices when due, except where otherwise provided by this Agreement. The time for completion of the WORK shall be extended by the number of days WORK is suspended. If the period of suspension exceeds 90 days, the terms of this Agreement are subject to renegotiation, and both parties are granted the option to terminate WORK on the suspended portion of Project in accordance with SECTION 17. SECTION 17 TERMINATION OF WORK 17.1 Either party may terminate this Agreement, in whole or in part, if the other party materially breaches its obligations under this Agreement and is in default through no fault of the terminating party. However, no such termination may be effected unless the other party is given: (1) not Tess than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an opportunity for consultation and for cure with the terminating party before termination. Notice shall be considered issued within seventy-two (72) hours of mailing by certified mail to the place of business of either party as set forth in this Agreement. 17.2 In addition to termination under subparagraph A of this Section, CITY may terminate this Agreement for its convenience, in whole or in part, provided the ENGINEER is given: (1) not 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 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. G:\J A N \YA K I M A-JCA\61. w p d 10 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 ARBITRATION 18.1 All claims, counterclaims, disputes, and other matters in question arising out of, or relating to, this AGREEMENT or the breach thereof may be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining. Either CITY or ENGINEER may initiate a request for such arbitration, but consent of the other party to such arbitration shall be a necessary precondition to arbitration. SECTION 19 NOTICE 19.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at the address set forth below. Notice shall be considered issued and effective upon receipt thereof by the addressee -party, or seventy-two hours after mailing by certified mail to the place of business set forth below, whichever is earlier. CITY: City of Yakima 2301 Fruitvale Boulevard Yakima, WA 98902 Attn: Mr. Chris Waarvick, Public Works Director ENGINEER: HUIBREGTSE, LOUMAN ASSOCIATES, INC. 801 North 39th Avenue Yakima, WA 98902 Attn: William L. Huibregtse, PE, Principal -in -Charge G:\JANWAKIMA-JC4\61.wpd 11 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective authorized officers or representatives as of the day and year first above written. CITY OF YAKIMA HUIBREGTSE, LOUMAN ASSOCIATES, INC. Signature Signature Richard A. Zais, Jr. William L. Huibregtse (Printed Name) (Printed Name) Title: City Manager Title: President Date: rit..rA-rc q, a coy Date: 3 z - 04_ Attest `KLlt-e-1" City Clerk CITY CONTRAC f NO:;. --)TY RESOLUTION NO: A - Yi'1 //1 % G:\JA N\YAK I MA -J C4161.wpd 12 STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that 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 of CITY OF YAKIMA to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Seal or Stamp G:\JANWAKI MA -J C4\61.wpd (Signature) Title Printed Name My commission expires: 13 STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that William L. Huibregtse, PE, is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the President of Huibregtse, Louman Associates, Inc., to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Seal or Stamp G:UAN\YAKI MA -J C4\61.wpd (Signature) Title Printed Name My commission expires: 14 EXHIBIT A CITY OF YAKIMA - 2004-2005 SIDEWALK IMPROVEMENTS SCOPE OF WORK During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection with the following project: City of Yakima - 2004-2005 Sidewalk Improvements (West Chestnut Avenue, 65th Avenue to easterly property line of Summitview Elementary School including improvements to a parking area in front of the school; and 65`h Avenue, West Chestnut Avenue to approximately 200 feet north of Barge Street) This scope of work shall include the furnishing of all services, labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the work as indicated hereinafter. The work to be performed involves design engineering, preparation of plans, specifications, and estimates for the project. PROJECT MANAGEMENT A. Project Management. The project manager will coordinate ENGINEER's design team to ensure that the work is completed on schedule, is technically competent, and meets the CITY's needs. The project manager will provide overall project management for ENGINEER's work elements including, progress reports, and invoicing. B. Project Meetings. Attend up to two (2) project meetings in Yakima with CITY Staff to coordinate the design aspects of the project with the CITY. C. Public Meetings. Attend up to one (1) public meeting in support of the CITY to address technical aspects of the work related to final design and preparation of plans and specifications for the Project. 2. DESIGN AND FINAL PLANS AND SPECIFICATIONS A. Perform field investigations and field surveying necessary to supplement existing pre -design data for the design of identified improvements. B. Perform the preliminary design and present preliminary plans to the CITY prior to detailing final Plans. C. On the basis of approved preliminary plans, perform the final design and prepare complete Plans and Specifications for bid call on the proposed work, as authorized by the CITY. D. Furnish the CITY thirty (30) copies of the final Plans and Specifications for bidding and construction. G:\JANWAKI MA -J C4\61.wpd 15 E. Furnish to the CITY engineering data for and assist in the preparation of the required documents so that the CITY may secure approval of such governmental authorities as have jurisdiction over design criteria applicable to the Project. F. Answer and supply such information as is requested by prospective bidders. G. Prepare and issue addenda, if necessary. H. Prepare the Engineer's Estimate of construction cost. Attend bid opening and participate in the bid opening and evaluation process. J. Prepare tabulation of all bids received by the CITY and review bidder's qualifica- tions. K. Make recommendation of construction contract award to the lowest responsible bidder. The following professional services work for this project (SERVICES DURING CONSTRUCTION) is provided for information only at this time. The scope and cost of SERVICES DURING CONSTRUCTION professional services are intended to be negotiated and incorporated into this agreement by supplement/addendum at a later date with the mutual agreement of CITY and ENGINEER: 3. SERVICES DURING CONSTRUCTION A. Furnish the field survey crew necessary to set horizontal and vertical control for the improvements authorized for construction. B. Furnish a qualified resident engineer who shall make construction observations and be on the job at all times that significant work is in progress, whose duty shall be to provide surveillance of project construction for substantial compliance with Plans and Specifications. C. Prepare progress reports on the Project and file same with the CITY and provide monthly progress estimates to the CITY. D. Consult and advise the CITY during construction and make a final report of the completed work. E. Monitor the construction contractor's compliance with State labor standards. F. Review Contractor's submission of samples and shop drawings, where applicable. G. Recommend progress payments for the construction contractor to the CITY. H. Prepare and submit proposed contract change orders when applicable. I. Prepare and furnish reproducible record drawings of all completed work from as - built drawings furnished by the CITY's construction contractor. G:UAN\YAKI MA-JC4\61.wpd 16 EXHIBIT B 2004-2005 Sidewalk Improvements Professional Fees Compensation for professional services will be on a time spent basis at the specific hourly rates shown on Exhibit D, plus reimbursement for direct non -salary expenses. The following spreadsheet shows the estimated time and expenses to perform design engineering, plans, specifications, and estimate for this 2004-2005 Sidewalk Improvement Project. The maximum amount of compensation to the ENGINEER for this work will be $15,271.00. This maximum amount will not be exceeded without the written agreement of the CITY and the ENGINEER. PROJECT TITLE: 2004-2005 Sidewalk Improvements CLIENT CITY OF YAKIMA JOB NUMBER: Huibregtse, Louman Associates, Inc. (04070) DATE. July 7, 2004 ENGINEER'S HOURLY ESTIMATE TASK NO PROJECT TASK Principal Engineer Licensed Prof. Engineer Licensed Land Surveyor CAD Operator 2 -Man Survey Crew Clerical TOTAL HRS I ASK DIRECT COSTS $123 $101 $94 $73 1 $135 $49 1 PROJECT MANAGEMENT A Project Management 2 4 0 0 0 0 6 650.00 B Project Meetings 0 3 0 0 0 0 3 303.00 C Public Meetings 0 2 0 0 0 0 2 202.00 2 DESIGN AND FINAL PLANS, SPECIFICATIONS, & ESTIMATE A Field investigations and field surveying 0 2 2 4 16 I 0 24 2,842.00 B Perform the preliminary design 2 12 2 18 2 6 42 3,524.00 C In-house project review, quality control 1 2 0 0 0 2 5 423.00 D Incorporate Agency Review comments 1 2 0 6 0 2 11 861.00 E Final design, Plans, and Speci- fications 1 8 0 16 0 2 27 2,197.00 F Furnish copies of Plans and Specifications 0 1 0 0 0 2 3 199.00 G Furnish engineering data for approvals 0 1 0 0 0 0 1 101.00 H Answer bidders questions 1 2 0 0 0 0 3 325.00 I Prepare and issue addenda 1 2 0 0 0 2 5 423.00 J Prepare Estimate of construc- tion cost 1 4 0 2 0 1 8 722.00 . K Attend bid opening 1 2 0 0 0 0 3 325.00 G:\JAN\YAKI MA-JC4\61.wpd 17 L Prepare tabulation of bids 0 2 0 0 0 2 4 300.00 M Make recommendation of con- struction contract award 1 2 0 I 0 0 1 4 374.00 Labor Subtotal 12 51 4 46 18 20 151 13,771.00 EXPENSES: hours $/hr Computers: 0.00 Travel: Cost/ Unit Air Trips Ground Trp. Days Trip Miles Air Travel $0.00 0.00 Mileage $0.32 0.00 Meals/Lodging $0.00 0.00 Misc. expenses: FAX i 0.00 TELEPHONE 0.00 POSTAGE 0.00 OUTSIDE PRINTING 1,500.00 SUB -CONSULTANTS: x 1 1 0.00 Subtotal - Labor 13,771.00 Subtotal - Expenses 1,500.00 Subtotal - Subconsultants 0.00 Total - DESIGN AND FINAL PLANS AND SPECIFICATIONS $15,271.00 G:WAN\YAKI MA-JC4\61.wpd 18 EXHIBIT "D" SCHEDULE OF SPECIFIC HOURLY RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. (January 1, 2004, Through December 31, 2004) Principal Engineer $123.00 per hour Licensed Professional Engineer $101.00 per hour Licensed Professional Land Surveyor $94.00 per hour Project Engineer $85.00 per hour CAD Technician $73.00 per hour Resident Engineer/Inspector $70.00 per hour Surveyor $70.00 per hour Senior Engineering Technician $56.00 per hour Engineering Technician $49.00 per hour Word Processing Technician $49.00 per hour Two Man Survey Party $135.00 per hour Three Man Survey Party $176.00 per hour Vehicle Mileage $0.32 per mile Global Positioning Survey System Fee $72.00 per hour G:\JAN\YAKI MA-JC4\61.wpd 19 EXHIBIT "D" SCHEDULE OF SPECIFIC HOURLY RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. (January 1, 2005, Through December 31, 2005) Principal Engineer $127.00 per hour Licensed Professional Engineer $105.00 per hour Licensed Professional Land Surveyor $97.00 per hour Project Engineer $88.00 per hour CAD Technician $76.00 per hour Resident Engineer/Inspector $72.00 per hour Surveyor $72.00 per hour Senior Engineering Technician $58.00 per hour Engineering Technician $51.00 per hour Word Processing Technician $51.00 per hour Two Man Survey Party $140.00 per hour Three Man Survey Party $182.00 per hour Vehicle Mileage $0.32 per mile Global Positioning Survey System Fee $72.00 per hour G: WAN\YAKIMA-JC4161.wpd 20 BUSINESS OF THE CITY COUNCIL YAHIMA, WASHINGTON AGENDA STATEMENT Item No. 0 For Meeting Of August 3, 2004 ITEM TITLE: Consideration of Legislation to Implement the Yakima School Safety Flashers and Sidewalk Grant from the Washington Traffic Safety Commission, including: (A) Resolution authorizing and directing the City Manager of the City of Yakima to execute a professional services contract with Huibregtse, Louman Associates, Inc, and (B) Appropriation Ordinance amending the 2004 Budget to accomplish this project and reflect related grant revenue and expenses. SUBMITTED BY: Chris Waarvick, Director of Public Works CONTACT PERSON/TELEPHONE: Shelley Willson, Streets and Traffic Manager Joan Davenport, Supervising Traffic Engineer SUMMARY EXPLANATION: On July 1, 2004 the City of Yakima received a $200,000 grant from the Washington Traffic Safety Commission for the installation of solar powered school safety zone flashers and the construction of a sidewalk on N 65th Avenue and Chestnut Avenue (in the vicinity of Summitview Elementary School). On July 20, the Yakima City Council approved a sole source procurement of 20 school zone flashers from RTC, Inc subject to funding from this grant. In order to accomplish the construction of the sidewalk authorized by the grant prior to the June 30, 2005 deadline for grant expenditures, the City desires entering into a contract with Huibregtse, Louman Associates for professional engineering services. This firm was selected from the Qualified Consultant Roster established by the City of Yakima. The Appropriation Ordinance is necessary to establish resources for the reimbursable grant program. This is a model project fully supported by the Washington Traffic Safety Commission (WTSC) and will be used in a final report to the state legislature by the WTSC to gain support for additional funding for school zone safety projects. Matching funds to leverage this grant are expected to be provided by the West Valley School District, subject to a future agreement between the city and the school district that will be submitted at a later time for Council review. Resolution X Ordinance X Contract X Other (Specify) Funding Source: Arterial Street Fund—Washington Traffic Safety Grant funds APPROVAL FOR SUBMITTAL: STAFF RECOMMENDATION: A) Adopt the Resolution which authorizes execution of the contract; and B) Read Ordinance by title only at the August 3, 2004 meeting; pass ordinance following the second reading at the August 17, 2004 meeting. BOARD RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION R-2004-119 RESOLUTION NO. R 2004 319 A RESOLUTION authorizing and directing the City Manager to execute a professional services agreement between the City of Yakima and Huibregtse, Louman Associates Inc. for the purpose of providing professional engineering services to construct a school -related sidewalk funded by a grant from the Washington Traffic Safety Commission. WHEREAS, the City of Yakima desires to engage Huibregtse, Louman Associates on a professional services contact basis for the City of Yakima in order to construct a school - related sidewalk on Chestnut Avenue and N 65th Avenue, funded by a grant from the Washington Traffic Safety Commission; and WHEREAS, Huibregtse, Louman Associates has the experience and expertise necessary to provide said services, is listed on the City Qualified Consultant Roster and is willing to do so in accordance with the terms and conditions of the attached agreement; and WHEREAS, funds from this Washington Traffic Safety Commission grant must be expended by June 30, 2005, creating a restricted schedule for project completion; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into an agreement similar to the attached agreement with Huibregtse, Louman Associates for professional engineering services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute an agreement similar to the attached and incorporated "Agreement between City of Yakima, Washington and Huibregtse, Louman Associates, Inc. for Professional Services" with Huibregtse, Louman Associates Inc. for professional engineering services to construct a school -related sidewalk funded by a grant from the Washington Traffic Safety Commission. ADOPTED BY THE CITY COUNCIL this 3rd day of August, 2004. S/ PAUL GEORGE ATTEST: tit KAREN S. ROBERTS City Clerk h _k ,' "3 , of jed':xo be a true and correcco py 1X{1 sled in my office. CITY CLERK (lk)res/engineering signal enhance christoperson mar 02pm Paul P. George, Mayor Deputy OFFICE OF THE CITY CLERK 129 North Second Street Yakima, Washington 98901 Phone (509) 575-6037 • Fax (509) 576-6614 August 25, 2004 William Huibregtse Huibregtse, Louman Associates, Inc. 801 N 39th Avenue Yakima WA 98902 SUBJECT: Professional Services Agreement — School Safety Flashers Enclosed is a fully executed original of the subject Contract with the City of Yakima. We previously sent you an original (dated August 4, 2004) but were notified by our Legal Department that there were minor changes which have been made. Please replace the previous contract with this one. Sincerely, 1,rLfnda Watkins Records Clerk Enclosure Yakima OFFICE OF THE CITY CLERK 129 North Second Street Yakima, Washington 98901 Phone (509) 575-6037 • Fax (509) 576-6614 April 16, 2004 Bill Huibregtse President Huibregtse, Louman Associates, Inc. 801 N 39th Avenue Yakima WA 98902 Dear Mr. Huibregtse: SUBJECT: Professional Service Agreement Enclosed are two fully executed originals for your files of Addendum No. 1 to the agreement covering the implementation of Yakima School Safety Flashers (solar powered) and construction of a sidewalk on N 65th Avenue and Chestnut Avenue Sincerely, a 7f , - Li'nda Watkins Records Clerk Enclosure Yakima krihd '1111' 1994 OFFICE OF THE CITY CLERK 129 North Second Street Yakima, Washington 98901 Phone (509) 575-6037 • Fax (509) 576-6614 April 8, 2005 William L. Huibregtse, President Huibregtse, Louman Associates, Inc. 801 N 39th Avenue Yakima WA 98902 REFERENCE: Addendum No. 1 — on School Safety Flasher Contract Enclosed is a fully executed "original" of the reference addendum for your files. Also enclosed is a copy of Resolution R-2005-54 authorizing the addendum. Sincerely, L. da Watkins Records Clerk Enclosure Yakima M4..aari 11 II 1! 1994 AGREEMENT FOR PROFESSIONAL SERVICES ADDENDUM NO. 1 This Addendum, hereinafter identified as Addendum No. 1, is hereby entered into and made a part of the Agreement between City of Yakima, Washington, and Huibregtse, Louman Associates, Inc., for Professional Services first entered into on the 24th day of August 2004, by the CITY OF YAKIMA, hereinafter called the "CITY," and HUIBREGTSE, LOUMAN ASSOCIATES, INC., hereinafter called the "ENGINEER." WITNESSETH: That in consideration of the mutual covenants and agreements herein contained, the parties hereto do mutually agree to amend, revise, and/or add the following to the referenced Agreement: SECTION 2 SCOPE OF SERVICES 2.1 Basic Services: ENGINEER agrees to perform additional work tasks described in the attached Addendum No. 1 Exhibit A: 2004 - 2005 Sidewalk Improvements - Engineering and Surveying Services During Construction. SECTION 5 COMPENSATION 5.1 COMPENSATION ON A TIME SPENT BASIS: For the services described in the attached Addendum No. 1 Exhibit A, compensation shall be on a time spent plus expenses basis at the ENGINEER'S normal hourly billing rates shown on Exhibit D, not to exceed $12,140.00, as shown in Exhibit B, unless otherwise mutually agreed upon by the CITY and ENGINEER. IN WITNESS WHEREOF the parties hereto duly enter into and execute this Addendum No. 1, as of this sr day of MARC // , 2005. CITY OF YAKIMA HUIBREGTSE, LOUMAN ASSOCIATES, INC. Signature Printed Name: Richard A. Zais, Jr. Title: City Manager/ Date: 03`x.31 JD .5— Attest Attest 4cnN6- City Contract No. 02400,t/-47,2 Resolution No. �e91- // G:\JA N\YAK I MA -J C4\84.w pd HLA Project Na. 04070 Signature Printed Name: William L. Huibregtse Title: President Date: 3--//-e1- Page 1 of 4 ADDENDUM NO. 1 EXHIBIT A CITY OF YAKIMA 2004 - 2005 SIDEWALK IMPROVEMENTS ENGINEERING AND SURVEYING SERVICES DURING CONSTRUCTION SCOPE OF WORK During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection with the following project: City of Yakima - 2004 - 2005 Sidewalk Improvements (Summitview School Sidewalk Project) This scope of work shall include the furnishing of engineering and surveying services during construction, labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the work as indicated hereinafter, for the following sidewalk improvement project: Modify existing 65' Avenue, from West Chestnut Avenue to approximately 200 LF north of Barge Street, and West Chestnut Avenue, from 65' Avenue to the easterly property line of Summitview Elementary School including furnishing all labor, materials, and equipment required to construct approximately 1,450 LF of new cement concrete curb and gutter, 760 SY of new 4 -inch thick cement concrete sidewalk, 335 SY of new 6 -inch thick cement concrete sidewalk/driveway, 200 tons of hot mix asphalt, storm drainage facilities, and other related improvements. 3. SERVICES DURING CONSTRUCTION A. Consult and advise the CITY during construction on an "as requested" basis by the CITY. B. Furnish a survey crew to provide all required construction surveying as outlined in Section 1-05.4 of the project specifications. C. Prepare and furnish reproducible record drawings of all completed work from as - built drawings furnished by the CITY and the CITY'S construction contractor. TIME OF PERFORMANCE Engineering Services During Construction for this 2004 - 2005 Sidewalk Improvements shall begin upon construction contract award by the CITY to the lowest responsible bidder (anticipated March 2005) and extend through construction contract completion (anticipated May 27, 2005). G:1JA N\YAK I MA -J C4184. w pd HLA Project No. 04070 Page 2 of 4 ADDENDUM NO. 1 EXHIBIT B CITY OF YAKIMA 2004 - 2005 SIDEWALK IMPROVEMENTS Engineering Services During Construction Fees Compensation for professional engineering and surveying services during construction will be on a time spent plus expenses basis at the ENGINEER's normal hourly rates shown on Exhibit D. The following spreadsheet shows the estimated time and expenses to perform engineering services during construction for this project. The maximum amount of compensation to the ENGINEER for engineering services during construction will be $12,140.00. This maximum amount will not be exceeded without the written agreement of the CITY and the ENGINEER. PROJECT TITLE: 2004 - 2005 SIDEWALK IMPROVEMENTS CLIENT: CITY OF YAKIMA JOB NUMBER: 04070 Huibregtse, Louman Associates, Inc. DATE: March 10, 2005 I ENGINEER'S HOURLY ESTIMATE TASK NO PROJECT TASK Licensed Prof Engineer Licensed ( I Prof. Land i Surveyor Project Engineer CAD j Operator Two -Man Survey Party Clerical TOTAL HRS TASK FEES $105 j $97 $88 $76 $140 $51 1 Construction Consultation 40 0 12 0 0 0 52 5,256.00 2 I Construction Surveying 4 8 j 0 4 30 0 46 5,700.00 3. Record Drawings 4 ( 0 0 8 0 2 14 1,130.00 Labor Subtotal 48 8 12 12 30 2 112 12,086.00 EXPENSES: hours $/hr Computers: I 0.00 Travel: Cost/ Air Trips Unit Ground Trp. Days Trip Miles Air Travel $0.00 j 0.00 Mileage 1 $54.00 1 ( ; 54 00 Meals/Lodging $0.00 1 1 j 0.00 Misc. expenses: FAX I 0.00 TELEPHONE ! I 0.00 G:\JAN\YAKIMA-JC4184.wpd HLA Project No. 04070 Page 3 of 4 TASK NO PROJECT TASK Licensed Prof. Engineer Licensed Prof. Land Surveyor Project I CAD Engineer Operator Two -Man Survey Party Clerical I I TOTAL HRS I ! TASK FEES I $105 $97 $88 $76 $140 $51 POSTAGE � 0.00 PRINTING 0.00 SUB -CONSULTANTS: None Anticipated 0.00 x 1.1 0.00 Subtotal - Labor 12,086.00 Subtotal - Expenses 54.00 Subtotal - Subconsultants 0.00 Total - ENGINEERING SERVICES DURING CONSTRUCTION $12,140.00 G:1JANIYAK I MA-JC4184.wpd HLA Project No. 04070 Page 4 of 4 AGREEMENT FOR PROFESSIONAL SERVICES ADDENDUM NO. 1 This Addendum, hereinafter identified as Addendum No. 1, is hereby entered into and made a part of the Agreement between City of Yakima, Washington, and Huibregtse, Louman Associates, Inc., for Professional Services first entered into on the 24th day of August 2004, by the CITY OF YAKIMA, hereinafter called the "CITY," and HUIBREGTSE, LOUMAN ASSOCIATES, INC., hereinafter called the "ENGINEER." WITNESSETH: That in consideration of the mutual covenants and agreements herein contained, the parties hereto do mutually agree to amend, revise, and/or add the following to the referenced Agreement: SECTION 2 SCOPE OF SERVICES 2.1 Basic Services: ENGINEER agrees to perform additional work tasks described in the attached Addendum No. 1 Exhibit A: 2004 - 2005 Sidewalk Improvements - Engineering and Surveying Services During Construction. SECTION 5 COMPENSATION 5.1 COMPENSATION ON A TIME SPENT BASIS: For the services described in the attached Addendum No. 1 Exhibit A, compensation shall be on a time spent plus expenses basis at the ENGINEER'S normal hourly billing rates shown on Exhibit D, not to exceed $12,140.00, as shown in Exhibit B, unless otherwise mutually agreed upon by the CITY and ENGINEER. IN WITNESS WHEREOF the parties hereto duly enter into and execute this Addendum No. 1, as of this 11-1- day of A -p , 2005. CITY OF YAKIMA HUIBREGTSE, LOUMAN ASSOCIATES, INC. ',-.\•.N.---7. ‘1 ( 661X -(.______ Signature Signature Printed Name: Richard A. Zais, Jr. Printed Name: William L. Huibregtse Title: City Manager -ride: President Date: `-I al — O 6- Date: 3 -/t -or Attest City Clerk City Contract No. ‘,74904/"9 Resolution No. ��a�4©✓� .Y G:\JAN\YAK I MA-JC4\84.wpd HLA Project No. 04070 Page 1 of 4 ADDENDUM NO. 1 EXHIBIT A CITY OF YAKIMA 2004 - 2005 SIDEWALK IMPROVEMENTS ENGINEERING AND SURVEYING SERVICES DURING CONSTRUCTION SCOPE OF WORK During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection with the following project: City of Yakima - 2004 - 2005 Sidewalk Improvements (Summitview School Sidewalk Project) This scope of work shall include the furnishing of engineering and surveying services during construction, labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the work as indicated hereinafter, for the following sidewalk improvement project: Modify existing 65'h Avenue, from West Chestnut Avenue to approximately 200 LF north of Barge Street, and West Chestnut Avenue, from 65'h Avenue to the easterly property line of Summitview Elementary School including furnishing all labor, materials, and equipment required to construct approximately 1,450 LF of new cement concrete curb and gutter, 760 SY of new 4 -inch thick cement concrete sidewalk, 335 SY of new 6 -inch thick cement concrete sidewalk/driveway, 200 tons of hot mix asphalt, storm drainage facilities, and other related improvements. 3. SERVICES DURING CONSTRUCTION A. Consult and advise the CITY during construction on an "as requested" basis by the CITY. B. Furnish a survey crew to provide all required construction surveying as outlined in Section 1-05.4 of the project specifications. C. Prepare and furnish reproducible record drawings of all completed work from as - built drawings furnished by the CITY and the CITY'S construction contractor. TIME OF PERFORMANCE Engineering Services During Construction for this 2004 - 2005 Sidewalk Improvements shall begin upon construction contract award by the CITY to the lowest responsible bidder (anticipated March 2005) and extend through construction contract completion (anticipated May 27, 2005). G:UANWAKI MA -J C4\84.wpd HLA Project No. 04070 Page 2 of 4 ADDENDUM NO. 1 EXHIBIT B CITY OF YAKIMA 2004 - 2005 SIDEWALK IMPROVEMENTS Engineering Services During Construction Fees Compensation for professional engineering and surveying services during construction will be on a time spent plus expenses basis at the ENGINEER's normal hourly rates shown on Exhibit D. The following spreadsheet shows the estimated time and expenses to perform engineering services during construction for this project. The maximum amount of compensation to the ENGINEER for engineering services during construction will be $12,140.00. This maximum amount will not be exceeded without the written agreement of the CITY and the ENGINEER. PROJECT TITLE: 2004 - 2005 SIDEWALK IMPROVEMENTS CLIENT' CITY OF YAKIMA JOB NUMBER: 04070 Huibregtse, Louman Associates, Inc. DATE: March 10, 2005 ENGINEER'S HOURLY ESTIMATE TASK NO PROJECT TASK Licensed Prof. Engineer Licensed Prof. , Land Surveyor Project Engineer CAD Operator Two -Man Survey Party Clerical TOTAL HRS TASK FEES $105 $97 $88 $76 $140 $51 1 Construction Consultation 40 0 12 0 0 0 52 5,256.00 2 Construction Surveying 4 8 0 4 30 0 46 5,700.00 3 Record Drawings 4 0 0 8 0 2 14 1,130.00 Labor Subtotal 48 8 12 12 30 2 112 12,086.00 EXPENSES: hours $/hr Computers: 0.00 Travel: Cost/ Unit Air Trips Ground Trp. Days Trip Miles Air Travel $0.00 0.00 Mileage 1 $54.00 54.00 Meals/Lodging $0.00 1 0 00 Misc. expenses: jFAX I 1 0.00 I TELEPHONE i ( I 1 0.00 G:\JAN\YA KI MA -J C4\84.wpd HLA Project No. 04070 Page 3 of 4 G:1JANlYAK I MA•JC4184. wpd HLA Project No. 04070 Page 4 of 4 TASK NO PROJECT TASK Licensed Prof. Engineer Licensed Prof. Land Surveyor Project CAD Engineer Operator I Two-Man Survey Party Clerical TOTAL TASK HRS FEES ` $105 $97 $88 j $76 1 $140 $51 POSTAGE I F 0.00 PRINTING _ I 0 00 SUB-CONSULTANTS: None Anticipated 0.00 x 1.1 1 0 00 Subtotal - Labor 12,086.00 Subtotal - Expenses 54.00 Subtotal - Subconsultants 0.00 Total - ENGINEERING SERVICES DURING CONSTRUCTION $12,140.00 G:1JANlYAK I MA•JC4184. wpd HLA Project No. 04070 Page 4 of 4 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /0 Isr For Meeting of April 5, 2005 Consideration of a resolution authorizing the City Manager to execute an addendum to a professional services agreement with Huibregtse, Louman Associates Inc. to add engineering services during construction of a school -related sidewalk project. SUBMITTED BY: Bill Cook, Director of Community and Economic Development Kay Adams, City Engineer CONTACT PERSON/TELEPHONE: Al Rose, Project Engineer/575-6111 SUMMARY EXPLANATION: Attached is an addendum to an agreement between the City of Yakima and Huibregtse, Louman Associates, Inc. (HLA) for additional services related to a school -related sidewalk project in an amount not to exceed $12,140. The primary additional service to be provided is surveying during construction, which the City's Engineering Division does not currently have the capability to perform. The original contract was entered into on the 24th of August 2004 for design and construction engineering for sidewalk and some parking improvements along portions of 65th Avenue and Chestnut Avenue near Summitview Elementary. The City of Yakima received a school safety grant from the Washington Traffic Safety Commission for the installation of sidewalks on the school walk route along 65th Avenue and Chestnut. Funding for the project is from the Washington Traffic Safety Commission and the West Valley School District. Resolution X Ordinance _ Other (Specify) Addendum 1 and copy of HLA Contract dated August 24, 2004 Contract Mail to (name and address}: Funding Source Washington Traffic Safety Commission Grant and West Valley School District APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt the resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION R-2005-54 Amendment to Contract 2004-92 RESOLUTION NO. R 2005 - 54 A RESOLUTION authorizing and directing the City Manager to execute an addendum to a professional services agreement between the City of Yakima and Huibregtse, Louman Associates Inc. to add engineering services during construction of a school -related sidewalk project. WHEREAS, on August 24, 2004, the City of Yakima (City) engaged Huibregtse, Louman Associates Inc. (HLA) on a professional services contract basis for engineering services related to the design and project management of a school -related sidewalk project on Chestnut Avenue and N. 65th Avenue in the City of Yakima; and WHEREAS, the City desires to engage HLA to perform additional services in connection with the same project, namely services during construction including surveying work; and WHEREAS, HLA has the experience and expertise necessary to provide said services during construction and is willing to do so in accordance with the terms and conditions of the attached addendum; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached addendum to the agreement with HLA for professional engineering services during construction of the sidewalk project referenced above, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated "Agreement for Professional Services Addendum No. 1" with Huibregtse, Louman Associates Inc. for professional engineering services during construction of a school -related sidewalk project. ADOPTED BY THE CITY COUNCIL this 5th day of April, 2005. A 1"1EST: /s/ KAREN S. ROBERTS City Clerk S/ PAUL GEORGE Paul P. George, Mayor e a true and correct cony of th my oliiceo y7 5-- CITY CURT BUSINESS OF 'I I L CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. i a For Meeting Of August 3, 2004 HEM TITLE: Consideration of Legislation to Implement the Yakima School Safety Flashers and Sidewalk Grant from the Washington Traffic Safety Commission, including: (A) Resolution authorizing and directing the City Manager of the City of Yakima to execute a professional services contract with Huibregtse, Louman Associates, Inc, and (B) Appropriation Ordinance amending the 2004 Budget to accomplish this project and reflect related grant revenue and expenses. SUBMITTED BY: Chris Waarvick, Director of Public Works CONTACT PERSON/TELEPHONE: Shelley Willson, Streets and Traffic Manager Joan Davenport, Supervising Traffic Engineer SUMMARY EXPLANATION: On July 1, 2004 the City of Yakima received a $200,000 grant from the Washington Traffic Safety Commission for the installation of solar powered school safety zone flashers and the construction of a sidewalk on N 65th Avenue and Chestnut Avenue (in the vicinity of Silmmitview Elementary School). On July 20, the Yakima City Council approved a sole source procurement of 20 school zone flashers from RTC, Inc subject to funding from this grant. In order to accomplish the construction of the sidewalk authorized by the grant prior to the June 30, 2005 deadline for grant expenditures, the City desires entering into a contract with Huibregtse, Louman Associates for professional engineering services. This firm was selected from the Qualified Consultant Roster established by the City of Yakima The Appropriation Ordinance is necessary to establish resources for the reimbursable grant program. This is a model project fully supported by the Washington Traffic Safety Commission (WTSC) and will be used in a final report to the state legislature by the WTSC to gain support for additional funding for school zone safety projects. Matching funds to leverage this grant are expected to be provided by the West Valley School District, subject to a future agreement between the city and the school district that will be submitted at a later time for Council review. Resolution X Ordinance X Contract X Other (Specify) Funding Source: Arterial Street Fund—Washington Traffic Safety Grant funds APPROVAL FOR SUBMITTAL: ���►�-•r�� , City ager STAFF RECOMMENDATION: A) Adopt the Resolution which authorizes execution of the contract; and B) Read Ordinance by title only at the August 3, 2004 meeting; pass ordinance following the second reading at the August 17, 2004 meeting. BOARD RECOMMENDATION: COUNCIL ACTION: (A) Resolution adopted RESOLUTION NO. 2004-119 (B) First reading of Ordinance amendingtbhe 2004 Budget to implement the 2004 School Zone Safety Flasherand Sidewalk Grant from the Washington Traffic Safet Commission ( No Council action required this meeting; second reading scheduled 8-17-2004 ORDINANCE NO. 2004 -- AN ORDINANCE amending the 2004 budget for the City of Yakima; and making an appropriation of $232,000 from the Budget Account 142 - Arterial Street Fund to implement the 2004 School Zone Safety Flasher and Sidewalk Grant from the Washington Traffic Safety Commission. WHEREAS, the amount of $232,000 must be appropriated from City of Yakima Budget Account 142 - Arterial Street Fund during 2004 for the purpose of administering reimbursable grant revenues and expenditures to implement the School Zone Safety Flasher and Sidewalk grant from the Washington Traffic Safety Commission; and WHEREAS, the City of Yakima, Washington was awarded $200,000 in reimbursable grant revenue funds for this project, with an estimated $32,000 local match from the West Valley School District; and WHEREAS, the grant funds for this project from the Washington Traffic Safety Commission must be fully expended by June 30, 2005, presenting a restricted time limit for project implementation; and WHEREAS, at the time of the adoption of the 2004 budget the revenue funds for this project were not known; and the City Council declares that an emergency exists of the type contemplated by RCW 35.33.091 and that it is in the best interests of the City to make appropriation herein provided; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON: Section 1: The amount of $232,000 is hereby appropriated from the Un- appropriated Fund Balance in the 142- Arterial Street Fund to the following accounts : Resources: Washington Traffic Safety Comm- 142-142-528-2091-33403.5TS ---$200,000 West Valley School ---- 142-142-528-2091-33700-ILG ---$32,000 Expenditures: School Sidewalk/Flashers 142-142-528-2091-59530-650 ---$232,000 Section 2: This ordinance is one making an appropriation and shall take effect immediately upon its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, at a regular meeting and signed and approved this day of August 2004. ATTEST: Paul P. George, Mayor City Clerk First Reading: 8-3-2004 Publication Date: Effective Date: