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HomeMy WebLinkAboutR-1999-038 LANDSCAPE ARCHITECTURAL SERVICES; BUS TURNAROUND PROJECT AT LAKE ASPEN OFFICE PARK.RESOLUTION NO. R-99- 38 A RESOLUTION: authorizing the City Manager to execute a document modifying the professional service agreement with Huibregtse, Louman Associates, Inc. to provide for additional landscape architectural services a bus turnaround project at Lake Aspen Office Park. WHEREAS, on May 26,1998, the City of Yakima and Huibregtse, Louman Associates, Inc. ("HLA") entered into a professional services agreement for engineering services for a bus turnaround project at Lake Aspen Office Park, which has been assigned; and WHEREAS, the City and HLA desire to modify the agreement in accordance with the terms and conditions of the attached letter from HLA to the City of Yakima, Transit Division, dated March 17, 1999 ("March 17, 1999, Letter"); and WHEREAS, the City Council has determined that it is in the best interest of the City to modify City Contract Number 98-62 to provide for additional landscape architectural services in accordance with the terms and conditions of the March 17, 1999, Letter; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima, is authorized and directed to sign and date the March 17, 1999, Letter following the statement "Revised Total Amount of Task Orders 1-3 APPROVED" to provide for additional landscape architectural services for the bus turnaround project at Lake Aspen Office Park, which is the subject of existing City Contract Number 98-62. The City Clerk is authorized to attest to the City Manager's signature. ADOPTED BY THE CITY COUNCIL this 6th. day of April, 1999. ATTEST: City Clerk C:\word\transit\LA turnaround\K mod res.doc John Puccinelli, Mayor • Huibregtse, Louman Associates, Inc. CIVIL ENGINEERING • LAND SURVEYING • PLANNING March 17, 1999 City of Yakima Transit Division 2301 Fruitvale Blvd. Yakima, WA 98902 Attn: Bill Shultz Transit Manager Re: Bus Turnaround Lake Aspen Office Park HLA Job No. 98057 Dear Bill: William L Huibregtse, PE Jeffrey T. Louman, PE Theodore W. Pooler, PE Dennis J. Whitcher, PE Francis J. Jaeger. PE Eric T. Herzog, PLS Heidi C. Herzog. PE Michael T. Battle, PE Huibregtse, Louman Associates, Inc. (HLA), is pleased to respond to your request to provide additional professional services for theabove referenced project. Pursuant to our meeting on March 3, 1999, with KDF Architecture, HLA is preparing a subconsultant agreement with The Berger Partnership, of Seattle, Washington, for landscape design services. We are requesting a modification to our current agreement with the City of Yakima to increase the fee for Task Orders 1-3 to allow for the landscape architect subconsultant work and to cover additional costs incurred by HLA. The Agreement can be modified under paragraph 4.C, Renegotiation of Fees. The estimated cost for the subconsultant work by The Berger Partnership is $3,300.00. HLA has incurred costs to date in the amount of $8,434.50. We are requesting that the total maximum amount for Task Orders 1-3 be increased to $15,000.00, to cover the landscape design fees and additional work by HLA to coordinate with the subconsultant to produce the final bid documents for the new bus turnaround. We are ready to submit the Subconsultant Agreement to the Berger Partnership upon your authorization. Thank you. Very trujy yours, William L. Huibregtse, PE WLH/jk YK10-55 Revised Total Amount of Task Orders 1-3 APPROVED: Richard A. Zais, Jr., City Manager Date 3800 Summit -view, Suite 100 + Yakima,WA 98902 t• (509) 966-7000 + FAX (509) 965-3800 LANDSCAPE ARCHITECTURE SITE PLANNING 2021 Minor East Seattle, WA 98102 (206) 325-6877 Fax (206) 323-6867 Principals Thomas Berger Steven P. Shea ,Jeff Girvin Scott Woodcock Linnea Ferrell Associates Misty Philbin Greg Brower THE BERGER'PARTNERSHIP, P.S. March 4, 1999 Dennis Whitcher Huibregtse, Louman Associates Inc. 3800 Summitview, Suite 100 Yakima, WA 98902 RECa.1,i MAR 8 1999 ittregtse Le!rr1 ASSOCI3'.E., 11 . Scope of Work and Fee Proposal for City Of Yakima Bus Turnaround at Lake Aspen Office 'Park Dear Mr. Whitdher: As requested, we are submitting a proposal for the City of Yakima Bus Turnaround at Lake Aspen Office Park. The project looks to be an exciting opportunity to create a memorable public space for Yakima residents and guests. We look forward to working with you on this project. This letter outlines our proposed landscape architectural services, with each phase of service described and a corresponding fee assigned. SCHEMATIC DESIGN The Berger Partnership will coordinate with the design team to assist in completing the schematic design process. Services in this phase include: • Development of a schematic landscape plan, addressing such issues as planting, irrigation, grading, and placement of light fixtures. • Preparation of a probable cost of construction for the landscape portion of the project. March 4, 1999 _ Mr. Dennis Whitcher Proposal for Landscape Architectural Services Page 2 CONSTRUCTION DOCUMENTS The Berger Partnership will coordinate with the design team in the preparation and assembly of the construction documents. Our services will include the following: • Final planting plan and details. • Coordination and preparation of planting and irrigation specifications (coordinated with Engineer). • In house quality assurance checks. • Provide project administration for this section of work. CONSTRUCTION ADMINISTRATION We will coordinate with the design team in the preparation and assembly of the bid documents. Other services in this phase include: • Respond 'to bidder questions regarding the landscape and irrigation sections of the bid documents. • Issue addenda and clarifications, as needed, regarding landscape and irrigation. • Review of submittals and shop drawings. • Respond to all RFI's related to landscape items. • Prepare construction observation reports. • Coordinate and issue change orders. • Provide project administration for this phase of work. *Site visits made during the landscape construction phase will be upon your approval and billed on an hourly basis. FEES Based on the scope of services identified at this time, we have established a fee for landscape architectural services as follows: Schematic Design Construction Documents Construction Administration $1,000.00 $1,800.00 $500.00 Total $3,300.00 March 4, 1999 Mr. Dennis Whitcher Proposal for Landscape Architectural Services Page 3 Fees will be billed monthly based upon the percentage of work completed. Services beyond those noted in this proposal will be billed as additional services on an hourly basis as follows, or lump sum fees can be negotiated: Senior Principal (Thomas L. Berger) Project Manager (Jason Henry) Technical Staff Administrative Staff $130.00 per hour $55.00 per hour $45.00 per hour $30.00 per hour Printing, reprographic expenses, CAD plots, film, travel costs, and other reimbursable expenses are in addition to the above mentioned fees. All accounts are due in ten days. Invoices not paid within 30 days of invoice date will be subject to late charges of 1% per month. If payment for services is not received within 90 days of the invoice date, all subsequent services and/or issuance of documents may be postponed until receipt of payment, unless special arrangements are made prior to providing the services. REVISIONS AND ADDITIONS TO PROPOSAL Any substantive revision to the drawings resulting from owner/client directed changes (including program changes, scope of work changes, modifications to existing documents, construction and/or site and conditions change and adjustments to time frames), will be billed as an extra service. Billing will be hourly, unless a guaranteed maximum fee is requested for the, revision.. Written confirmation of the change/revision will be sent as an amendment to this contract • Revision work started at the direction of the owner/client, then subsequently terminated; will be billed as extra service through date of stop -work notification. March 4, 1999 Mr. Dennis Whitcher Proposal for Landscape Architectural Services Page 4 If this proposal meets with your approval, please sign one of the copies and return it to our office. If you have questions, would like more information, or wish to make any modifications, please do not hesitate to contact us. We look forward to working with you on the bus turnaround. Work will be scheduled upon our receipt of the signed proposal. Sincerely, THE BERGER PARTNERSHIP, P.S. Thomas L. Berger Senior Principal Jason Henry Project Manager Enclosed: 1 return copy THE BERGER PARTNERSHIP, P.S. APPROVED: Date • • • Lake Aspen Bus Turn -Around Looking Northwest Looking Southwest BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. % v2 For Meeting of 4/6/99 ITEM TITLE: Resolution Authorizing and Directing the City Manager to execute a modification to the agreement with Huibregtse, • Louman Associates, Inc. for engineering services on the Lake Aspen bus turnaround project. SUBMITTED BY: Chris Waarvick, Director of Public Works CONTACT PERSON/TELEPHONE: Bill Schultz, Transit Manager/575-6005 SUMMARY EXPLANATION: The contract amendment is to include landscape design services in the Lake Aspen bus tumaround professional services contract. The estimated cost of the additional service is $3,300. The budget set for this phase of the project ($22,500) is sufficient to include the additional amount. Final design and bid specifications should be completed soon. However, in Tight of the uncertainty created by the proposed development opposite our site on North 16th Ave., we are considering postponing construction until next year. The Transit Capital Reserve Fund has ample resources to accomplish both phases of the project as well as other planned capital replacements. A photograph of the site is attached. EXHIBITS Resolution X Ordinance Contract Modification X Other(Specify) Funding Source: Transit Division Capital Reserve Fund Budget APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve resolution authorizing execution of contract modification TRANSIT COMMITTEE RECOMMENDATION: This item was presented to the Committee at their March 23, 1999, meeting. COUNCIL ACTION: AGREEMENT This Agreement, made and entered into this 6= day of 11v`-° 1998, by and between the City of Yakima, Washington, hereinafter called the "CITY," and HUIBREGTSE, LOUMAN ASSOCIATES, INC., 3800 Summitview, Suite 100, Yakima, WA 98902, hereinafter called "ENGINEER," is for the provision by the Engineer to the City, of professional services for design of a bus turnaround at the Lake Aspen Office Park on North 16`h Avenue. In consideration of the covenants and agreements contained herein, and the terms and conditions hereof, the parties agree as follows: The Engineer shall provide services associated with the design of the bus turnaround for the City of Yakima, including field boundary and topographic survey, design, preparation of contract drawings and contract specifications, design review meetings with City Staff, assistance during the bidding period, and services during construction. 1. SERVICES: Engineer shall provide to the City professional consulting engineering services through a series of task orders as provided in Section 2, below The professional services to which the parties may agree by task orders may include, but are not limited to those listed in Exhibit A, attached hereto and by this reference incorporated herein. 2. TASK ORDERS: Prior to commencement of any services, the City and the Engineer shall mutually agree upon and execute a task order for the specified services. The task order shall describe the services to be provided, the time for performance of the service, the provisions for fees for the services, and any provisions additional to this agreement. Execution of this Agreement and these Task Orders selected by the City and the Engineer authorizes the Engineer to proceed with the services described in the Task Orders. Execution of each subsequent task order, even at a later date, shall incorporate each subsequent task order into this Agreement. The execution of this Agreement does not obligate either of the parties hereto to provide or accept any services unless and until the parties have mutually agreed upon and executed a specific task order for such services. 3. TIME PERIOD FOR PERFORMANCE OF SERVICES: The Engineer shall commence such services as are described on executed task orders in accordance with the time schedule set forth herein, and shall proceed with the provision of such services in a diligent manner The Engineer shall not be responsible for delays caused by factors beyond the Engineer's control or which could not reasonably have been foreseen by the parties at the time the task order was executed. The anticipated schedule for completion of the project is shown as Exhibit B. 4. PAYMENT TO ENGINEER: A. Fees for Services. For each specified task order executed by the parties, the payment to be made to the Engineer for services performed shall be hourly on a YKJ2-91.wpd 1 time spent basis, utilizing the hourly rate and expense schedule, "Fee Schedule," attached hereto as Exhibit C and by this reference incorporated herein. Said fee Schedule is subject to revision by the Engineer not sooner than one year after the execution of this Agreement, and no more that once each year thereafter. Under the fee schedule method, the parties shall agree on an amount which represents the maximum fee to which Engineer shall be entitled under that task order. That amount shall represent the best estimate of the parties of the maximum cost of the Engineer's services specified in that task order. In the event the cost of services will exceed that estimate, the Engineer shall advise the City in advance, and in writing, of such excess costs and shall provide no services in excess of the original estimated costs without written approval of the City. B. Estimated Fees. The maximum fee for each anticipated task order is shown on Exhibit A. C. Renegotiation of Fees. The Engineer reserves the right to renegotiate the fee or maximum estimate of fee specified in any task order if the scope of services as specified in the task order is modified by the City or by others or by conditions beyond the control of the parties hereto, whereupon additional expenses shall be incurred by the Engineer The City and the Engineer shall agree to such a change in fee and services in writing prior to the Engineer's provision of such modified or changed services. D. Time of Payments. Engineer shall periodically submit invoices for the un -billed portion of the services completed to that date. City agrees to pay the invoiced amounts within 30 days from the date of receipt of the invoice. E. Payment in the Event of Termination. In the event of termination of this Agreement, Engineer shall be compensated for services performed under this Agreement to the date of termination in accordance with the terms above. F. Permits and Advertising. City shall pay all regulatory permitting and advertising fees and all other project fees normally paid by the City for public works projects. 5. STANDARD OF PERFORMANCE: Engineer shall perform his services in accordance with generally accepted engineering and consulting standards and shall be responsible for the technical soundness and accuracy of all work and services furnished pursuant to this Agreement. 6. TERMINATION: Either party may terminate this Agreement at any time upon 30 days written notice to the other party. 7. OPINIONS OF COST: Engineer has no control over the cost of labor, materials, equipment, or services provided by parties other than Engineer and its subcontractors. Engineer has no control over contractor's methods of determining prices, or other competitive bidding conditions or market conditions, and its opinions of probable project or construction costs are to be made on the basis of its experience with the construction YKJ2-91.wpd 2 industry. However, Engineer cannot and does not guarantee that proposals, bids, or actual project or construction costs will not vary from the opinions of probable costs prepared by the Engineer. 8. CONSTRUCTION AND SAFETY: Engineer shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by contractors or the safety precautions and programs and programs incident to the work of contractors. 9. OWNERSHIP OF DOCUMENTS: The originals of all documents, including Drawings and Specifications, prepared by the Engineer shall remain the property of the Engineer. The Engineer shall provide the City with reproducible copies of the documents, Drawings, and Specifications, and other work products as specified in each task order. It may further be required that the Engineer provide additional copies on computer media of all documents, Drawings, and Specifications, and other work products as specified in each task order. Such documents, Drawings, and Specifications are not intended or represented by the Engineer to be suitable for reuse by the City or others on extensions of the services provided for the intended project or on any other project. Any reuse without the written verification or adaptation by the Engineer will be at the City's sole risk and without liability or exposure to the Engineer, and the City shall indemnify and hold harmless the Engineer from all loses, claims, damages, and expenses, including attorney's fees arising out of or resulting therefrom. Any such verifications or adaptations by the Engineer will entitle the Engineer to further compensation at rates agreed to by the parties. Engineer shall provide a reproducible copy of the final record drawings showing the construction project measurements when authorized to do so by task order. 10. DESIGN INTENT: Engineer shall prepare design documents, Drawings, and Specifications with the understanding that he may be observing the quality and progress of resulting construction, for compliance with the intent design and, furthermore, that such observation of any construction will be compensated by the City at the rates agreed upon by the parties hereto, by separate Task Order. 11. INDEMNIFICATION & HOLD HARMLESS: A. The Engineer agrees to hold harmless, indemnify, and defend the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs, and expenses (including reasonable attorney's fees) which result from or arise out of the sole negligence of Engineer, its officers, employees, and agents in connection with or incidental to the performance or non-performance of this Agreement. B. The City agrees to hold harmless, indemnify, and defend Engineer, its officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs, and expenses (including reasonable attorney's fees) which result from or arise out of the sole negligence of the City, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of this Agreement. YKJ2-91.wpd 3 C. In the event that the officials, officers, agents, and/or employees of both the City and Engineer are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs, and expenses (including reasonable attorney's fees). D. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 12. COMPLIANCE WITH LAW: Engineer shall comply with all federal government, state, and local laws and ordinances applicable to the work to be performed under this Agreement. 13. LIABILITY INSURANCE: Prior to beginning work under this Agreement, Engineer shall provide "Certificates of Insurance" as evidence that policies providing the following coverage and limits of insurance are in full force and effect. A. General Comprehensive Liability With respect to liability for injuries to or death of persons and with respect to liability for destruction of or damages to property, the insurance coverage shall be $1,000,000 combined single limit and such coverage shall include the special provisions listed below. 1. The City, its officers, employees, and agents shall be named as an additional insured and the coverage shall be applicable to and protect the City, its officers, employees, and agents from liability arising from or relating to Engineer's activities relating to this Agreement. Such insurance shall be primary and other insurance maintained or carried by the City shall be separate and distinct and shall not be contributing with the insurance listed hereunder. 2. Such insurance shall not include explosion, collapse, or underground exclusions commonly referred to as the "XCU" hazards. B. Automobile Comprehensive Liability YKJ2-91.wpd With respect to liability for injury to or death of persons and with respect to liability for destruction of or damage to property, the City, its officers, employees, and agents shall be named insured and the insurance coverage shall be $1,000,000 combined single limit. Such insurance shall be primary and other insurance maintained or carried by the City shall be separate and distinct and shall not be contributing with the insurance listed hereunder Failure of either or all of the named insured to report a claim under such insurance shall not prejudice the rights of the City, its officers, employees, and agents thereunder. The City, its officers, employees, and agents will have no obligation for the payment of premiums because of its being named as insured under such insurance. 4 C. Errors and Omissions Liability Prior to beginning work for property acquisition, development of contract Plans and Specifications, and construction management, the Engineer or its subcontractors shall provide evidence of errors and omissions coverage for a minimum of $250,000. 14. ADDITIONAL SERVICES: At the City's option and direction, Engineer shall provide additional engineering, observation, construction staking, and/or planning services as authorized by mutually agreed task orders. 15. INDEPENDENT CONTRACTOR: The parties intend that the Engineer at all times be an independent contractor and not an employee of the City, and shall not be entitled to compensation or benefit of any kind except as specifically provided for herein. 16. GOVERNING LAWS: This Agreement is governed by the laws of the State of Washington. 17. COMPLETE AGREEMENT: This Agreement and referenced attachments contains the complete and integrated understanding and agreement between the parties and supersedes any understanding, agreement or negotiation whether oral or written not set forth herein. Amendments, changes, or modifications hereto shall not be valid unless in writing and duly executed by both parties. 18. ASSIGNMENT: Neither party to this Agreement shall assign the Agreement, nor any interest arising herein, without the written consent of the other. The Engineer, with the City's consent, shall be authorized to employ or subcontract with any other party or entity it deems necessary for the performance of any of the services to be provided by the Engineer pursuant to the terms of this Agreement. 19. SEVERABILITY OF AGREEMENT: In the event any of the terms or clauses of this Agreement are held to be illegal or unenforceable by any court or arbitrator, the remaining clauses and terms shall continue in full force and effect and shall be enforceable. 20. MINORITY- AND WOMAN -OWNED BUSINESS; CITY -SPECIFIED SUBCONTRAC- TORS: Engineer will comply with the City's directives in utilizing the services of City - specified subcontractors and/or minority and women -owned businesses on the Project. The firm selected by Engineer to meet said directives will be subject to approval by the City. 21. NONDISCRIMINATION PROVISION: During the performance of this Agreement, Engineer shall not discriminate on the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental, or physical handicap. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provisions of services under this Agreement. YKJ2-91 wpd 5 22. AMERICANS WITH DISABILITIES ACT: Engineer agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. HUIBREGTSE, LOUMAN CITY OF YAKIMA ASSOCIATES, INC. By: v� By: J-���b William L. Huibregtse, PE Richard A. Zais, Jr. President City Manager WITNESSES: ATTEST: ;. c; �, ;� _ 98.---62 =s R-98-70 YKJ2-91.wpd 6 2 Karen S. Roberts City Clerk EXHIBIT A PROJECT DESCRIPTION AND ASSUMPTIONS The construction project outlined by this Agreement and Scope of Services consists of construction of a transit bus turnaround at the Lake Aspen Office Park along North 16' Avenue, as further out- lined below. The following general assumptions have been made during the preparation of this Scope of Services and fee estimates for this project. More specific assumptions relative to the individual components of the project are described under the various Task Order descriptions. A. The City of Yakima Transit Division has funding for professional engineering design services required by this project. B. The City of Yakima Transit Division will review and approve the Plans and Specifi- cations. C. City of Yakima Transit Division has acquired the right of way for the bus turnaround, noted as Area "A" on the attached Drawing LA -1. D. The 1996 WSDOT Standard Specifications for Road, Bridge, and Municipal Construction and the APWA Division One Supplement, and the City of Yakima Special Provisions and Standard Details will be used for preparation of the Plans and Specifications for this project. E. Separate Task Orders are described for additional professional engineering services for Services During Construction. F. The City of Yakima will make known all available information regarding the require- ments for the new bus turnaround including any particular requirements of the Lake Aspen Office Park. YKJ2-91 wpd 7 AGREEMENT This Agreement, made and entered into this day of 1998, by and between the City of Yakima, Washington, hereinafter called the "CITY," and HUIBREGTSE, LOUMAN ASSOCIATES, INC., 3800 Summitview, Suite 100, Yakima, WA 98902, hereinafter called "ENGINEER," is for the provision by the Engineer to the City, of professional services for design of a bus turnaround at the Lake Aspen Office Park on North 161'. Avenue. In consideration of the covenants and agreements contained herein, and the terms and conditions hereof, the parties agree as follows. The Engineer shall provide services associated with the design of the bus turnaround for the City of Yakima, including field boundary and topographic survey, design, preparation of contract drawings and contract specifications, design review meetings with City Staff, assistance during the bidding period, and services during construction. 1. SERVICES: Engineer shall provide to the City professional consulting engineering services through a series of task orders as provided in Section 2, below The professional services to which the parties may agree by task orders may include, but are not limited to those listed in Exhibit A, attached hereto and by this reference incorporated herein 2. TASK ORDERS: Prior to commencement of any services, the City and the Engineer shall mutually agree upon and execute a task order for the specified services The task order shall describe the services to be provided, the time for performance of the service, the provisions for fees for the services, and any provisions additional to this agreement Execution of this Agreement and these Task Orders selected by the City and the Engineer authorizes the Engineer to proceed with the services described in the Task Orders. Execution of each subsequent task order, even at a later date, shall incorporate each subsequent task order into this Agreement The execution of this Agreement does not obligate either of the parties hereto to provide or accept any services unless and until the parties have mutually agreed upon and executed a specific task order for such services. 3. TIME PERIOD FOR PERFORMANCE OF SERVICES: The Engineer shall commence such services as are described on executed task orders in accordance with the time schedule set forth herein, and shall proceed with the provision of such services in a diligent manner The Engineer shall not be responsible for delays caused by factors beyond the Engineer's control or which could not reasonably have been foreseen by the parties at the time the task order was executed. The anticipated schedule for completion of the project is shown as Exhibit B 4. PAYMENT TO ENGINEER: A. Fees for Services For each specified task order executed by the parties, the payment to be made to the Engineer for services performed shall be hourly on a YKJ2-91 wpd 1 time spent basis, utilizing the hourly rate and expense schedule, "Fee Schedule," attached hereto as Exhibit C and by this reference incorporated herein. Said fee Schedule is subject to revision by the Engineer not sooner than one year after the execution of this Agreement, and no more that once each year thereafter Under the fee schedule method, the parties shall agree on an amount which represents the maximum fee to which Engineer shall be entitled under that task order. That amount shall represent the best estimate of the parties of the maximum cost of the Engineer's services specified in that task order. In the event the cost of services will exceed that estimate, the Engineer shall advise the City in advance, and in writing, of such excess costs and shall provide no services in excess of the original estimated costs without written approval of the City. B Estimated Fees. The maximum fee for each anticipated task order is shown on Exhibit A. C Renegotiation of Fees. The Engineer reserves the right to renegotiate the fee or maximum estimate of fee specified in any task order if the scope of services as specified in the task order is modified by the City or by others or by conditions beyond the control of the parties hereto, whereupon additional expenses shall be incurred by the Engineer. The City and the Engineer shall agree to such a change in fee and services in writing prior to the Engineer's provision of such modified or changed services D Time of Payments Engineer shall periodically submit invoices for the un -billed portion of the services completed to that date City agrees to pay the invoiced amounts within 30 days from the date of receipt of the invoice. E Payment in the Event of Termination. In the event of termination of this Agreement, Engineer shall be compensated for services performed under this Agreement to the date of termination in accordance with the terms above. F Permits and Advertising City shall pay all regulatory permitting and advertising fees and all other project fees normally paid by the City for public works projects 5. STANDARD OF PERFORMANCE: Engineer shall perform his services in accordance with generally accepted engineering and consulting standards and shall be responsible for the technical soundness and accuracy of all work and services furnished pursuant to this Agreement 6. TERMINATION: Either party may terminate this Agreement at any time upon 30 days written notice to the other party 7. OPINIONS OF COST: Engineer has no control over the cost of labor, materials, equipment, or services provided by parties other than Engineer and its subcontractors Engineer has no control over contractor's methods of determining prices, or other competitive bidding conditions or market conditions, and its opinions of probable project or construction costs are to be made on the basis of its experience with the construction YKJ2-91 wpd 2 industry. However, Engineer cannot and does not guarantee that proposals, bids, or actual project or construction costs will not vary from the opinions of probable costs prepared by the Engineer. 8. CONSTRUCTION AND SAFETY: Engineer shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by contractors or the safety precautions and programs and programs incident to the work of contractors. 9. OWNERSHIP OF DOCUMENTS: The originals of all documents, including Drawings and Specifications, prepared by the Engineer shall remain the property of the Engineer. The Engineer shall provide the City with reproducible copies of the documents, Drawings, and Specifications, and other work products as specified in each task order. It may further be required that the Engineer provide additional copies on computer media of all documents, Drawings, and Specifications, and other work products as specified in each task order. Such documents, Drawings, and Specifications are not intended or represented by the Engineer to be suitable for reuse by the City or others on extensions of the services provided for the intended project or on any other project. Any reuse without the written verification or adaptation by the Engineer will be at the City's sole risk and without liability or exposure to the Engineer, and the City shall indemnify and hold harmless the Engineer from all loses, claims, damages, and expenses, including attorney's fees arising out of or resulting therefrom Any such verifications or adaptations by the Engineer will entitle the Engineer to further compensation at rates agreed to by the parties Engineer shall provide a reproducible copy of the final record drawings showing the construction project measurements when authorized to do so by task order. 10. DESIGN INTENT: Engineer shall prepare design documents, Drawings, and Specifications with the understanding that he may be observing the quality and progress of resulting construction, for compliance with the intent design and, furthermore. that such observation of any construction will be compensated by the City at the rates agreed upon by the parties hereto, by separate Task Order 11. INDEMNIFICATION & HOLD HARMLESS: A The Engineer agrees to hold harmless, indemnify, and defend the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs, and expenses (including reasonable attorney's fees) which result from or arise out of the sole negligence of Engineer, its officers, employees. and agents in connection with or incidental to the performance or non-performance of this Agreement. B The City agrees to hold harmless, indemnify, and defend Engineer, its officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs, and expenses (including reasonable attorney's fees) which result from or arise out of the sole negligence of the City, its elected officials, officers. employees, and agents in connection with or incidental to the performance or non-performance of this Agreement. YKJ2-91 wpd 3 C In the event that the officials, officers, agents, and/or employees of both the City and Engineer are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs, and expenses (including reasonable attorney's fees). D Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 12. COMPLIANCE WITH LAW: Engineer shall comply with all federal government, state, and local laws and ordinances applicable to the work to be performed under this Agreement. 13. LIABILITY INSURANCE: Prior to beginning work under this Agreement, Engineer shall provide "Certificates of Insurance" as evidence that policies providing the following coverage and limits of insurance are in full force and effect. A. General Comprehensive Liability With respect to liability for injuries to or death of persons and with respect to liability for destruction of or damages to property, the insurance coverage shall be $1,000,000 combined single limit and such coverage shall include the special provisions listed below. 1 The City, its officers, employees, and agents shall be named as an additional insured and the coverage shall be appiicabie to and protect the City, its officers, employees, and agents from liability arising from or relating to Engineer's activities relating to this Agreement. Such insurance shall be primary and other insurance maintained or carried by the City shall be separate and distinct and shall not be contributing with the insurance listed hereunder. 2 Such insurance shall not include explosion, collapse, or underground exclusions commonly referred to as the "XCU" hazards E Automobile Comprehensive Liability YKJ2-91 wpd With to liability for injury to or death of persons and with respect to liability With respect 7 r--- -"- for destruction of or damage to property, the City, its officers, employees, and agents shall be named insured and the insurance coverage shall be $1,000,000 combined single limit. Such insurance shall be primary and other insurance maintained or carried by the City shall be separate and distinct and shall not be contributing with the insurance listed hereunder Failure of either or all of the named insured to report a claim under such insurance shall not prejudice the rights of the City, its officers, employees, and agents thereunder The City. its officers, employees, and agents will have no obligation for the payment of premiums because of its being named as insured under such insurance 4 C. Errors and Omissions Liability Prior to beginning work for property acquisition, development of contract Plans and Specifications, and construction management, the Engineer or its subcontractors shall provide evidence of errors and omissions coverage for a minimum of $250, 000. 14. ADDITIONAL SERVICES: At the City's option and direction, Engineer shall provide additional engineering, observation, construction staking, and/or planning services as authorized by mutually agreed task orders. 15. INDEPENDENT CONTRACTOR: The parties intend that the Engineer at all times be an independent contractor and not an employee of the City, and shall not be entitled to compensation or benefit of any kind except as specifically provided for herein. 16. GOVERNING LAWS: This Agreement is governed by the laws of the State of Washington 17. COMPLETE AGREEMENT: This Agreement and referenced attachments contains the complete and integrated understanding and agreement between the parties and supersedes any understanding agreement or negotiation whether oral or written not set forth herein Amendments, changes, or modifications hereto shall not be valid unless in writing and duly executed by both parties. 18. ASSIGNMENT: Neither party to this Agreement shall assign the Agreement, nor any interest arising herein, without the written consent of the other The Engineer, with the City's consent. shall be authorized to employ or subcontract with any other party or entity it deems necessary for the performance of any of the services to be provided by the Engineer pursuant to the terms of this Agreement 19. SEVERABILITY OF AGREEMENT: In the event any of the terms or clauses of this Agreement are held to be illegal or unenforceable by any court or arbitrator, the remaining clauses and terms shall continue in full force and effect and shall be enforceable. 20. MINORITY- AND WOMAN -OWNED BUSINESS; CITY -SPECIFIED SUBCONTRAC- TORS: Engineer will comply with the City's directives in utilizing the services of City - specified subcontractors and/or minority and women -owned businesses on the Project. The firm selected by Engineer to meet said directives will be subject to approval by the City 21. NONDISCRIMINATION PROVISION: During the performance of this Agreement. Engineer shall not discriminate on the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental, or physical handicap. This provision shall include, but not be limited to, the following employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provisions of services under this Agreement. YKJ2-91 wpd 5 22. AMERICANS WITH DISABILITIES ACT: Engineer agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. HUIBREGTSE, LOUMAN ASSOCIATES, INC. -y: William L. Huibregtse, PE President WITNESSES: REF.:D :110N HO: R-98-70 YKJ2-91.wpd 6 CITY OF YAKIMA Richard A. Zais, City Manager ATTEST: / A Karen S. Roberts City Clerk EXHIBIT A PROJECT DESCRIPTION AND ASSUMPTIONS The construction project outlined by this Agreement and Scope of Services consists of construction of a transit bus turnaround at the Lake Aspen Office Park along North 16th Avenue, as further out- lined below. The following general assumptions have been made during the preparation of this Scope of Services and fee estimates for this project. More specific assumptions relative to the individual components of the project are described under the various Task Order descriptions A. The City of Yakima Transit Division has funding for professional engineering design services required by this project. B The City of Yakima Transit Division will review and approve the Plans and Specifi- cations C City of Yakima Transit Division has acquired the right of way for the bus turnaround, noted as Area "A" on the attached Drawing LA -1 D The 1996 WSDOT Standard Specifications for Road, Bridge. and Municipal Construction and the APWA Division One Supplement, and the City of Yakima Special Provisions and Standard Details will be used for preparation of the Plans and Specifications for this project. E Separate Task Orders are described for additional professional engineering services for Services During Construction F The City of Yakima will make known all available information regarding the require- ments for the new bus turnaround including any particular requirements of the Lake Aspen Office Park YKJ2.91 wpd 7 EXHIBIT A (cont.) TASK ORDERS AND ESTIMATED FEES DESIGN SERVICES TASK ORDER NO. 1 - BOUNDARY SURVEY OF THE RIGHT OF WAY AREA We believe it would be beneficial to Yakima Transit and the Lake Aspen Office Park to establish the boundary of the area dedicated to the City of Yakima for right of way as indicated on the attached Drawing, LA -1 Several of the corners and boundary lines of the right of way area are existing lot lines from the plat of the Lake Aspen Office Park and may be found in the field rather than re-established The boundary line between proposed Area "A" and Area "B" would need to be established in the field and a record of survey filed with the Auditor's Office 1. Obtain legal description of Area "A" from the Transit Division. 2. Perform boundary survey of Area "A." Set new property corners on the property line between Area "A" and Area "B" and relocate or re-establish the remaining corners of Area 3 Prepare a Record of Survey map and record with Yakima County Auditor's Office 4 Provide copies of the Record of Survey map to the City of Yakima and the Lake Aspen Office Park. ESTIMATED LABOR FEE FOR TASK ORDER NO. 1 (Figure represents the maximum fee not to be be exceeded except by written authorization) $1,300.00 ESTIMATED EXPENSES FOR TASK ORDER NO. 1 $100.00 (See Exhibit C) * * * Task Order No. 1: Authorization to Proceed City of Yakima: By Public Works Director Date. Engineer: oy William L. Huibrcgtse, President Date Huibregtse, Louman Associates, Inc. YKJ2-91 wpd 8 EXHIBIT A (cont.) DESIGN SERVICES TASK ORDER NO. 2 - TOPOGRAPHIC SURVEY OF THE TURNAROUND AREA (AREA "A") 1 Perform topographic field survey of the turnaround area including existing curb and gutter, existing asphalt paving, North 16th Avenue improvements, manholes, valve boxes, drain inlets, utilities of record, signs, trees and shrubs, and other physical features. 2 Prepare a topographic base map of the turnaround area to show contours, major physical features, easements of record 3 Provide copies of the topographic base map to the Lake Aspen Office Park as authorized by the Transit Division ESTIMATED FEE FOR TASK ORDER NO. 2 (Figure represents the maximum fee not to be be exceeded except by written authorization) $1,700.00 ESTIMATED EXPENSES FOR TASK ORDER NO. 2 $50.00 (See Exhibit C) Task Order No. 2: Authorization to Proceed City of Yakima: By Pubic Works Director Date. Engineer: By William L. Huibregtse, President Date. Huibregtse, Louman Associates, Inc YKJ2-91 wpd 9 EXHIBIT A (cont.) DESIGN SERVICES TASK ORDER NO. 3 - DESIGN OF NEW BUS TURNAROUND 1 Prepare conceptual layout and grading and drainage plan for the proposed new bus turnaround 2 Review the conceptual design with the Transit Division and the Lake Aspen Office Park. 3 Incorporate comments from the review meetings into the final design, as authorized by the Transit Division 4 Prepare final plans and specifications including grading, drainage, curbing, asphalt paving, and lighting 5 Submit the plans and specifications to the Transit Division for review and approval, with follow-up as required 6 Provide copies of the approved plans and specifications to Yakima Transit and the Lake Aspen Office Park. ESTIMATED FEE FOR TASK ORDER NO. 3 (Figure represents the maximum fee not to be be exceeded except by written authorization) $3,400.00 ESTIMATED EXPENSES FOR TASK ORDER NO. 3 $50.00 (See Exhibit C) * * * Task Order No. 3: Authorization to Proceed City of Yakima: By Public Works Director Date Engineer: -98 By By William L Huibregtse, President Date. Huibregtse, Louman Associates, Inc. YKJ2-91 wpd 10 EXHIBIT A (cont.) DESIGN SERVICES TASK ORDER NO. 4 - SERVICES DURING BIDDING 1 Schedule the date and time for the pre-bid conference and the bid opening with the Transit Division and the City Engineering Division. 2 Print and bind a sufficient number of plans and specifications for distribution to plan centers and bidders 3 Advertise and distribute the plans and specifications for bidding 4 Attend the pre-bid conference 5 Issue any addenda for clarification during the bidding period 6 Attend and assist at the bid opening 7 Review the bids received, prepare the bid summary, and recommend award to the Transit Division 8 Prepare a sufficient number of Construction Contracts for execution by the City and the Contractor 9 Attend and assist at the pre -construction conference ESTIMATED LABOR FEE FOR TASK ORDER NO. 4 (Figure represents the maximum fee not to be be exceeded except by written authorization) $2,200.00 ESTIMATED EXPENSES FOR TASK ORDER NO. 4 $600.00 (See Exhibit C) *** Task Order No. 4: Authorization to Proceed City of Yakima: By Pubic Works Director Date. Engineer: S- ice- S B By William L Huibregtse, President Date Huibregtse, Louman Associates, Inc YKJ2-91 wpd 11 EXHIBIT A (cont.) SERVICES DURING CONSTRUCTION TASK ORDER NO. 5 - CONSTRUCTION STAKING 1 Perform field construction staking for the bus turnaround improvements 2 Provide copies of survey construction notes and cut sheets to the City Engineering Division Inspector. ESTIMATED LABOR FEE FOR TASK ORDER NO. 5 (Figure represents the maximum fee not to be be exceeded except by written authorization) $3,500.00 ESTIMATED EXPENSES FOR TASK ORDER NO. 5 $100.00 (See Exhibit 0) Task Order No. 5: Authorization to Proceed City of Yakima: By Public Works Director Engineer: Date S-lLi( —s8 By William L Huibregtse, President Date. Huibregtse, Louman Associates, Inc YKJ2-91 wptl 12 EXHIBIT A (cont.) SERVICES DURING CONSTRUCTION TASK ORDER NO. 6 - CONSTRUCTION OBSERVATION 1. Provide a Project Representative to make periodic visits to the project site at inter- vals appropriate to the various stages of construction as deemed necessary in order to observe the progress and quality of the various aspects of the Contractor's work. 2 The Project Representative will notify the Transit Division personnel if he believes the Contractor's work will not produce a completed Project which conforms gener- ally to the Contract Documents. 3 Prepare Daily Observation Reports and provide copies to the City of Yakima. 4 Schedule and attend a project walk-thru for final inspection and project acceptance with the Transit Division, the Contractor, and Lake Aspen Office Park, as directed by the Transit Division 5 Recommend project acceptance to the Transit Division upon satisfactory completion of the project. ESTIMATED LABOR FEE FOR TASK ORDER NO. 6 (Figure represents the maximum fee not to be be exceeded except by written authorization) $1,700.00 ESTIMATED EXPENSES FOR TASK ORDER NO. 6 $100.00 (See Exhibit C) Task Order No. 6: Authorization to Proceed City of Yakima: By Public Works Director Date. Engineer: By William L Huibregtse, President Date Huibregtse, Louman Associates, Inc YKJ2-91 wpd 13 EXHIBIT A (cont.) SERVICES DURING CONSTRUCTION TASK ORDER NO. 7 - RECORD DRAWINGS 1. Conduct field surveying to determine "as -built" information of the improvements. 2. Prepare Record Drawings of the improvements from the field survey and infor- mation provided by the Construction Contractor. 3. Provide a 3.5" disk in AutoCAD Release 13 of the Record Drawings to Lake Aspen Office Park for future planning of the area surrounding the bus turnaround. ESTIMATED LABOR FEE FOR TASK ORDER NO. 7 (Figure represents the maximum fee not to be be exceeded except by written authorization) $1,100.00 ESTIMATED EXPENSES FOR TASK ORDER NO. 7 $100,00 (See Exhibit C) Task Order No. 7: Authorization to Proceed City of Yakima: By Public Works Director n, oy to 'llL Huiragtse President Huibregtse, Louman Associates, Inc YKJ2-91 wpd 14 Date. 5-- (,-(-51 Date EXHIBIT B PROPOSED SCHEDULE DESIGN SERVICES TASK ORDER NUMBERS 1 THROUGH 3 We understand from our meeting with you that the City's schedule for this project is to complete design for the bus turnaround in 1998 and construct the improvements in 1999. We are prepared to begin design and preparation of Plans and Specifications as outlined in Task Orders 1 through 3 upon authorization to proceed and to complete the Task Orders within 90 calendar days from the notice to proceed. TASK ORDER NO. 4 We believe it would be advantageous to bid the project during the winter (January 1999) in order to be ready for early Spring construction Therefore, we propose to complete Task Order No 4, Services During Bidding, in January of 1999. SERVICES DURING CONSTRUCTION TASK ORDER NUMBER 5 - CONSTRUCTION STAKING Upon authorization by the City of Yakima, provide construction staking services as required to facilitate Contractor's construction schedule TASK ORDER NUMBER 6 - CONSTRUCTION OBSERVATION Upon authorization by the City of Yakima, provide construction observation services as required during the construction period TASK ORDER NUMBER 7 - RECORD DRAWINGS Upon authorization by the City of Yakima, provide revised Plans for record drawings within 10 working days after receipt of information provided by the Contractor and City of Yakima or after authorization to field survey the surface features YKJ2-91 wpd 15 EXHIBIT C "FEE SCHEDULE" HOURLY RATES (January 1, 1998, Through December 31, 1998) Principal Engineer $103.00 per hour Licensed Professional Engineer $83.00 per hour Licensed Professional Land Surveyor $79.00 per hour Project Engineer $71.00 per hour CAD Technician $61.00 per hour Resident Engineer/Inspector $58.00 per hour Senior Engineering Technician cchneci®n $47.00 per hour Engineering Technician $41.00 per hour Word Processing Technician $41.00 per hour Two Man Survey Party $113.00 per hour Three Man Survey Party $147.00 per hour Vehicle Mileage 0.30 per mile (Reimbursable expenses include travel expenses, if required, site and project photographs, additional insurance including professional liability insurance required by the City of Yakima in excess of that normally carried by Engineer and Engineer's subcontractors, and other costs necessary to complete the project but not listed herein.) 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W )M1.- OM TCatYYlt •YOladtil7?: . 1108, IT0a- 3Yr, CtL3,Utt)vw JlQ 'somas!: Oar 2210,1131 1210■ lie - odr, 0 00 t 4 \001.1.6" • L r Cr' 142 • Ds to r` • C• L•.C1 'Cs Los `;is • • salt- .• '• 7s r, 34 ac • O 0 �I•• too 00 D • • s 0 s o 0'0'"")171 L 2 LJ —J • Ws' •olt a: -22r Lor;sy } ZS (}p0 `.t. as 301i40 • • .-1/.® •w wast aIR 'ear ILA gni BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. / / 6 For Meeting of 5/19/98 ITEM TITLE: Resolution Authorizing and Directing the City Manager and the City Clerk to execute an agreement with Huibregtse, Louman Associates, Inc. for engineering services. SUBMITTED BY: Chris Waarvick, Acting Director of Public Works CONTACT PERSON/TELEPHONE: Bill Schultz, Transit Manager/575-6005 SUMMARY EXPLANATION: As indicated in the 1998 budget document, this agenda item is to design, develop bid documents, review bids, and supervise construction for a bus tumout at Lake Aspen Office Park. The owners of the property have previously dedicated, and the City Council accepted (12/20/94), the necessary right-of-way for this project. A turnaround at this location provides a needed terminus point for routes serving the area. This constitutes phase one of the project, accomplishing the necessary engineering and documentation in order to move to the construction phase which will appear in next year's (1999) budget document. The Transit Capital Reserve Fund has ample resources to accomplish both phases of the project as well as planned capital replacements. EXHIBITS Resolution X Ordinance Contract X Other (Specify) Funding Source Transit Division Fund Budget APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve resolution authorizing contract execution TRANSIT COMMITTEE RECOMMENDATION: This item was presented to Committee at their May 12, 1998 meeting. COUNCIL ACTION: A RESOLUTION: RESOLUTION NO. R-98- 70 authorizing and directing the City Manager and City Clerk to execute a professional service agreement with Huibregtse, Louman Associates, Inc. for engineering services for the design, bid, and construction of a bus turnaround at Lake Aspen Office Park. WHEREAS, the City of Yakima is currently providing public transportation services to Yakima citizens; and WHEREAS, the City of Yakima desires to continue to provide and to improve transit services to the community by creating a bus turnaround on property at Lake Aspen Office Park previously dedicated to the City for this purpose; and WHEREAS, engineering services are needed to design, prepare bid specifications, review bids, and supervise construction; and WHEREAS, the City maintains a listing of firms capable and willing to provide the necessary services through a request for proposal process from which Huibregtse, Louman Associates, Inc. was selected; and WHEREAS, the City Council deems that it is in the best interest of the City to authorize execution of the attached professional service contract with Huibregtse, Louman Associated, Inc. to accomplish the necessary work, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima, are hereby authorized and directed to execute the attached and incorporated Agreement with Huibregtse, Louman Associates, Inc. for engineering services for the design, bid, and construction of a bus turnaround at Lake Aspen Office Park. ADOPTED BY THE CITY COUNCIL this 19th. day of May, 1998. ATTEST: John Puccinelli, MAYOR CITY CLERK