HomeMy WebLinkAboutR-1998-025 Agreement / James D. Jansen / City Hall Renovation / EngineeeringRESOLUTION NO. R-98- 25
A RESOLUTION authorizing and directing the City Manager and the City
Clerk of the City of Yakima to execute an Professional
Engineering Services Agreement with James D. Jansen, P.E.
for professional engineering services as project manager
for the Yakima City Hall Renovation Project.
WHEREAS, the City of Yakima desires to engage James D. Jansen, P.E., to
perform professional engineering services on an independent contractor
basis as project manager for the Yakima City Hall Renovation Project; and
WHEREAS, James D. Jansen, P.E., has the experience and expertise
necessary to provide said independent contractor services and is willing to
provide such services in accordance with the terms and conditions of the
attached agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City
of Yakima to enter into an agreement with James D. Jansen, P.E., for
professional engineering services in accordance with the terms and
conditions of the attached agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk of the City of Yakima are hereby
authorized and directed to execute the attached and incorporated Professional
Engineering Services Agreement with James D. Jansen, P.E., for professional
engineering services as project manager for the Yakima City Hall Renovation
Project. it
ADOPTED BY THE CITY COUNCIL this I * day of February, 1998.
ATTEST:
City Clerk
res/engineering pm
John Puccinelli, Mayor
PROFESSIONAL ENGINEERING
SERVICES AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of
Yakima, a Washington municipal corporation (hereafter the "City"), and
James D. Jansen, P.E., an individual (hereafter "Engineer").
WHEREAS, the City of Yakima desires to engage James D. Jansen, P.E.,
to perform professional engineering services on an independent contractor
basis as Project Manager for the Yakima City Hall Renovation Project
(hereinafter the "Project").
WHEREAS, James D. Jansen has the experience and expertise necessary
to provide said independent contractor services and is willing to provide such
services in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises,
and agreements set forth herein, it is agreed by and between the City and
Engineer as follows:
1. Scope of Services.
a. The Engineer shall perform, to the best of his ability, services for the City
relating to the customary duties for the position of Project Manager for the
Project. The Engineer understands that such duties are diverse and are not
fully set forth in this Agreement, but include such work as:
i. Manage the progress and construction schedule for the
Project in order to avoid unnecessary delays in and satisfactory
completion of the Project.
ii. Coordinate construction activities for the Project between the
City and the Project contractor.
iii. Prepare Project progress reports to the City Manager and
City Engineer as required or requested by the City Manager or City
Engineer.
b. The City shall:
i. Provide the Engineer with all requested information
necessary for the Project Manager to carry out his services under
this Agreement.
2. Term. The term of this Agreement shall commence upon execution
hereof and shall terminate , 1998; unless terminated sooner by
either party in accordance with Section 13; provided, however, that the City
Manager shall have the option, at his discretion, to extend this Agreement for
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an additional six (6) month period under the same terms and conditions
contained herein.
3. Consideration. The City shall pay the Engineer for services rendered
hereunder at the rate of Forty Dollars ($40.00) per hour. The Engineer shall
submit to the City monthly invoices itemizing all hours worked by date. Upon
receipt of said monthly invoice, the City shall make payment to the Engineer
within thirty (30) calendar days. The Engineer shall maintain adequate time
records/logs to substantiate all amounts itemized on the monthly invoices.
Unless the term of this Agreement is extended pursuant to Section 2, the total
amount of compensation paid to the Engineer by the City under this Agreement
shall not exceed Eight Thousand Three Hundred and Twenty Dollars
($8320.00) based upon two hundred and eight hours (208) at the rate of Forty
Dollars ($40.00) per hour.
4. Status of Engineer. Engineer and the City understand and expressly
agree that Engineer is an independent contractor in the performance of each
and every part of this Agreement. Engineer and his employees, agents and/or
subcontractors shall make no claim of City employment nor shall claim against
the City any related employment benefits, social security, and/or retirement.
5. Taxes and Assessments. Engineer shall be solely responsible for
compensating his employees, agents, and/or subcontractors and for paying all
related taxes, deductions, and assessments, including but not limited to,
federal income tax, FICA, social security tax, assessments for unemployment
and industrial injury, and other deductions from income which may be
required by law or assessed against either party as a result of this Agreement.
In the event the City is assessed a tax or assessment as a result of this
Agreement, Engineer shall pay the same before it becomes due.
6. Nondiscrimination Provision. During the performance of this
Agreement, Engineer shall not discriminate on the basis of race, age, color, sex,
religion, national origin, creed, marital status, political affiliation, or the
presence of any sensory, mental or physical handicap. This provision shall
include but not be limited to the following: employment, upgrading, demotion,
transfer, recruitment, advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training.
7. Compliance With Law. Engineer agrees to perform those services under
and pursuant to this Agreement in full compliance with any and all applicable
laws, rules, and regulations adopted or promulgated by any governmental
agency or regulatory body, whether federal, state, local, or otherwise.
8. No Insurance. It is understood the City does not maintain liability
insurance for Engineer and/or its employees.
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9. Indemnification.
a. 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 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
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.
c. In the event that both Engineer and the City are negligent, each
party shall be liable for its contributory share of negligence for any resulting
suits, actions, claims, liability, damages, judgments, costs and expenses
(including reasonable attorney's fees).
d. Nothing contained in this Section or this Agreement shall be
construed to create a liability or a right of indemnification in any third party.
10. Delegation of Professional Services. The services provided for herein
shall be performed by Engineer, and no person other than regular associates or
employees of Engineer shall be engaged upon such work or services except
upon written approval of the City.
11. Assignment. This Agreement, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part by Engineer
to any other person or entity without the prior written consent of the City. In
the event that such prior written consent to an assignment is granted, then the
assignee shall assume all duties, obligations, and liabilities of Engineer stated
herein.
12. Waiver of Breach. A waiver by either party hereto of a breach of the
other party hereto of any covenant or condition of this Agreement shall not
impair the right of the party not in default to avail itself of any subsequent
breach thereof. Leniency, delay or failure of either party to insist upon strict
performance of any agreement, covenant or condition of this Agreement, or to
exercise any right herein given in any one or more instances, shall not be
construed as a waiver or relinquishment of any such agreement, covenant,
condition or right.
13. Termination. This Agreement may be terminated by either party at any
time after first having given ten (10) days written notice to the other party in
the event of the other party's substantial failure to perform in accordance with
the terms and conditions of this Agreement. Additionally, the City may
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terminate this Agreement without cause by providing the Engineer with
thirty (30) days written notice of tee rnination.
14. Confidentiality. The Engineer agrees to maintain total confidentiality as
regards to information discerned from access to City records. Such information
shall be held in strict confidence in accordance with the standards of Conduct
of the Engineering Profession.
15. Severability. If any portion of this Agreement is changed per mutual
agreement or any portion is held invalid, the remainder of the Agreement shall
remain in full force and effect.
16. Integration. This written document constitutes the entire agreement
between the City and Engineer. There are no other oral or written Agreements
between the parties as to the subjects covered herein. No changes or additions
to this Agreement shall be valid or binding upon either party unless such
change or addition be in writing and executed by both parties.
17. Notices. Unless stated otherwise herein, all notices and demands shall
be in writing and sent or hand delivered to the parties to their addresses as
follows:
TO CITY:
TO ENGINEER:
City Manager
City Hall
129 North 2nd Street
Yakima, WA 98901
James D. Jansen
207 South Eighth Avenue, #7
Yakima, WA 98902
or to such other addresses as the parties may hereafter designate in writing.
Notices and/or demands shall be sent by registered or certified mail, postage
prepaid or hand delivered. Such notices shall be deemed effective when mailed
or hand delivered at the addresses specified above.
18. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
19. Venue. The venue for any action to enforce or interpret this Agreement
shall lie in the Superior Court of Washington for Yakima County, Washington.
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CITY OF YAKIMA JAMES D. JANSEN, P.E.
By: ,\
133r.
R. A. Zais7jr., City Manager Jarnes„D. Jansen, P.E.
DATE: ,,V t/- DATE:
/ ; 1 '
ATTEST:
1
. .Lt
\„(• ; : iti City Clerk
0
City Contract No. 98-25
Resolution No. R-98-25
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FEBRUARY 6, 1998
CITY OF YAKIMA
129 N SECOND STREET
YAKIMA, WASHINGTON
ATTN: MR GLEN RICE.
RE: CITY HALL REMODEL PHASE ONE
DEAR GLEN:
I WISH TO OFFER MY SERVICES AS CONSTRUCTION MANAGER FOR THE REFERENCED
PROJECT. MY DUTIES WILL INCLUDE REVIEW OF CONTRACTORS OF'F'ERINGS AND BONDS,
CONTRACT ADMINISTRATION, REVIEW OF SUBMITTALS, AND ON SITE REVIEW OF
CONTRACTORS DAILY ACTIVITIES,
THE TOTAL INVOLVEMENT REQUIRED FOR THE THIS PROJECT IS 208 HOURS .
THE TOTAL FEE WILL NOT EXCEED $ 8320.00.
YOURS TRULY,
JAMES D JANSEN
207 SOUTH EIGHTH AVE # 7
YAKIMA, WASHINGTON 98902
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /
For Meeting Of 2/17/98
ITEM '1T1'LE: Professional Services Contract for Yakima City Hall Remodel
SUBMIT I ED BY: Glenn Rice, Assistant City Manage
CONTACT PERSON/TELEPHONE: Glenn Rice, Assistant City Manager, 575-6040
SUMMARY EXPLANATION:
Staff respectfully requests that a Project Manager be retained to oversee the remodel of
City Hall, which is tentatively scheduled to go out to bid this month. This position is
common on large projects, particularly where an operational need exists for the facility
being remodeled. Retaining a Project Manager is viewed as an opportunity to save time,
money and coordinate supervision of activities between the contractor and operational
staff.
For your consideration is a Resolution and Professional Engineering Services Agreement
to retain Mr. James D. Jansen, P.E., as Project Manager. He has been successful in the
construction profession for many years as an estimator, project manager, general
manager, staff member and private, self-employed consultant. Mr. Jansen was recently
the Project Manager for the Yakima Center Expansion project and was directly
responsible for saving the Center considerable funds and instrumental in keeping the
project within budget and on time. The staff recommends the retention of Mr. Jansen to
perform this professional service. The total estimated cost is $8,320.00.
Funding for this project is included in the total project budget.
Resolution _ Ordinance _ Contract _ Other (Specify)
Funding Source 1998 Capital 1314 et for City Hall. Fund No. 342
APPROVED FOR SUBMITTAL: y�C�
City Manager
STAFF RECOMMENDATION: Approve resolution authorizing City Manager approve
attached Professional Engineering Services Agreement with James D. Jansen.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: