Loading...
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 Page 1 of 5 (Ik)agr/cnglncering/ Jansen 2/pm 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. Page 2 of 5 Ilk)agr/engineering/ Jansen 2/pm 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 Page 3 of 5 (lk)agr/enginening/ Jansen 2/pm 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. Page 4 of 5 )Ik)agr/engineering/ Jansen 2/pm 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 Page 5 of 5 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: