HomeMy WebLinkAboutR-2003-018 SCA Consulting Group Agreement (Tieton Dr. sewer line project)RESOLUTION NO. R-2003-18
A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute
an Agreement with SCA Consulting Group for the design of the Tieton Drive
Sanitary Sewer Line Project in conjunction with Yakima County's roadway
reconstruction project of Tieton Drive between 72nd and 96th Avenues.
WHEREAS, the City of Yakima desires to construct a sanitary sewer line in conjunction with
Yakima County's Tieton Drive roadway reconstruction project this spring, and
WHEREAS, SCA Consulting Group has the expertise and can meet the timeline required to
design the sanitary sewer project for inclusion in Yakima County's Tieton Drive Reconstruction
Project; and
WHEREAS, Yakima County is agreeable to the inclusion of the City of Yakima's sanitary
sewer project into their roadway reconstruction project; and
WHEREAS, the City Council deems it to be in the best interest of the City to enter into said
Agreement with SCA Consulting Group, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized and directed to execute the attached
and incorporated Professional Consulting Services Agreement with SCA Consulting Group.
ADOPTED BY THE CITY COUNCIL this 4th day of February, 2003.
ATTEST:
City Clerk
January 30, 2003
ge.'e zee
ary Place, Mayor
PROFESSIONAL CONSULTING
SERVICES AGREEMENT
THIS PROFESSIONAL CONSULTING SERVICES AGREEMENT (hereinafter
"Agreement") is made and entered into by and between the City of Yakima, a
Washington municipal corporation (hereinafter the "City"), and SCA Consulting
Group, a corporation licensed to do business in Washington (hereinafter "Consultant").
WHEREAS, the City of Yakima desires to engage Consultant to perform
professional consulting services for the design of the Tieton Drive Sanitary Sewer Line
for inclusion into the Yakima County's Tieton Drive Improvement Project (hereinafter
the "Project").
WHEREAS, Consultant has the experience and expertise necessary to provide
said independent consulting 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 Consultant as
follows:
1. Scope of Services. The Consultant shall prepare contract plan and profiles
drawings from red lines provided by the City of proposed sanitary sewer line for
inclusion in the Yakima County project to improve Tieton Drive from So. 96th Avenue
to So. 72nd Avenue. These services are more fully described in "Appendix A," a copy
of which is attached hereto and incorporated herein by this reference.
2. Term. The term of this Agreement shall commence upon execution hereof and
shall terminate midnight of June 30, 2003; unless terminated sooner by either party in
accordance with Section 17. The Consultant shall proceed in a timely and diligent
manner to provide all services required hereunder.
3. Consideration. The City shall pay the Consultant for services rendered
hereunder in accordance with payment schedule set forth in Appendix A. Unless this
Agreement is otherwise modified by the parties, the total compensation paid to
Consultant for all services provided under this Agreement shall not exceed Six
Thousand Dollars ($6,000.00). The Consultant shall submit to the City monthly invoices
itemizing tasks accomplished and percent completed to date. Upon receipt of said
monthly invoice, the City shall make payment to the Consultant within thirty (30)
calendar days; provided, however, that all payments are expressly conditioned upon
Consultant providing services that are satisfactory to the City. The Consultant shall
maintain adequate files and records to substantiate all amounts itemized on the
monthly invoices.
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4. Information provided by the City The Consultant shall provide guidance to the
City in determining the data required for purposes of the contemplated services. The
City agrees to use reasonable efforts to provide data and information specifically
requested by the Consultant.
5. Status of Consultant . The Consultant and the City understand and expressly
agree that the Consultant is an independent contractor in the performance of each and
every part of this Agreement. No officer, employee, volunteer, and/or agent of
Consultant shall act on behalf of or represent him or herself as an agent or
representative of the City. Consultant, as an independent contractor, assumes the entire
responsibility for carrying out and accomplishing the services required under this
Agreement. Consultant and its officers, employees, volunteers, agents and/or
subcontractors shall make no claim of City employment nor shall claim against the City
any related employment benefits, social security, and/or retirement benefits. Nothing
contained herein shall be interpreted as creating a relationship of servant, employee,
partnership or agency between Consultant and the City.
6. Inspection and Audit. Consultant shall maintain books, accounts, records,
documents and other evidence pertaining to the costs and expenses allowable and
consideration paid under this Agreement in accordance with generally accepted
accounting practices. All such books of account and records required to be maintained
by this Agreement shall be subject to inspection and audit by representatives of the City
and/or of the Washington State Auditor at all reasonable times, and Consultant shall
afford the proper facilities for such inspection and audit. Such books of account and
records may be copied by representatives of the City and/or of the Washington State
Auditor where necessary to conduct or document an audit. Provider shall preserve and
make available all such books of account and records for a period of three (3) years after
final payment under this Agreement.
7. Taxes and Assessments. Consultant 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, Consultant shall pay the same before it becomes due.
8. Nondiscrimination Provision. During the performance of this Agreement,
Consultant shall not discriminate on the basis of race, age, color, sex, religion, national
origin, creed, marital status, political affiliation, or the presence of any sensory, mental
or physical handicap. This provision shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment, advertising, layoff or
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termination, rates of pay or other forms of compensation, selection for training, and the
provision of services under this Agreement.
9. The Americans with Disabilities Act. Consultant shall comply with the
Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its
implementing regulations, and Washington State's anti -discrimination law as contained
in RCW Chapter 49.60 and its implementing regulations, with regard to the activities
and services provided pursuant to this Agreement. The ADA provides comprehensive
civil rights to individuals with disabilities in the area of employment, public
accommodations, public transportation, state and local government services, and
telecommunications.
10. Compliance With Law. Consultant agrees to perform those services under and
pursuant to this Agreement in full compliance with any and all applicable laws, rules,
and regulations adopted or promulgated by any governmental agency or regulatory
body, whether federal, state, local, or otherwise.
11. No Insurance. It is understood the City does not maintain liability insurance for
Consultant and/or its employees.
12. Indemnification.
a. Consultant agrees to hold harmless, indemnify, and defend the City, its
elected officials, officers, employees, and agents from and against any and all suits,
actions, claims, liability, damages, judgments, costs and expenses (including reasonable
attorney's fees) which result from or arise out of the negligence of Consultant, its
officers, agents, employees or subcontractors in connection with or incidental to the
performance or non-performance of this Agreement.
b. In the event that both Consultant and the City are negligent, each party
shall be liable for its contributory share of negligence for any resulting suits, actions,
claims, liability, damages, judgments, costs and expenses (including reasonable
attorney's fees).
c. Nothing contained in this Section or this Agreement shall be construed to
create a liability or a right of indemnification in any third party.
d. This Section of the Agreement shall survive the term or expiration of this
Agreement and shall be binding on the parties to this Agreement.
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13. Insurance provided by Consultant.
a. Commercial Liability Insurance. On or before the date this Agreement is
fully executed by the parties, the Consultant shall provide the City with a certificate of
insurance as proof of commercial liability insurance with a minimum liability limit of
One Million Dollars ($1,000,000.00) per occurrence/aggregate limit bodily injury and
property damage. The certificate shall clearly state who the provider is, the amount of
coverage, the policy number, and when the policy and provisions provided are in effect
(any statement in the certificate to the effect of "this certificate is issued as a matter of
information only and confers no right upon the certificate holder" shall be deleted).
Said policy shall be in effect for the duration of this Agreement. The policy shall name
the City, its elected officials, officers, agents, and employees as additional insureds, and
shall contain a clause that the insurer will not cancel or reduce in limits the insurance
without first giving the City thirty (30) calendar days prior written notice (any language
in the clause to the effect of "but failure to mail such notice shall impose no obligation or
liability of any kind upon the company" shall be crossed out and initialed by the
insurance agent). The insurance shall be with an insurance company or companies
rated A -VII or higher in Best's Guide and admitted in the State of Washington.
b. Commercial Automobile Liability Insurance. On or before the date this
Agreement is fully executed by the parties, the Consultant shall provide the City with a
certificate of insurance as proof of commercial automobile liability insurance with a
minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence/aggregate
limit bodily injury and property damage. The certificate shall clearly state who the
provider is, the amount of coverage, the policy number, and when the policy and
provisions provided are in effect (any statement in the certificate to the effect of "this
certificate is issued as a matter of information only and confers no right upon the
certificate holder" shall be deleted). Said policy shall be in effect for the duration of this
Agreement. The policy shall name the City, its elected officials, officers, agents, and
employees as additional insureds, and shall contain a clause that the insurer will not
cancel or reduce in limits the insurance without first giving the City thirty (30) calendar
days prior written notice (any language in the clause to the effect of "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company" shall
be crossed out and initialed by the insurance agent). The insurance shall be with an
insurance company or companies rated A -VII or higher in Best's Guide and admitted in
the State of Washington.
c. Insurance provided by Subcontractors. The Consultant shall ensure that
all subcontractors it utilizes for work/services required under this Agreement shall
comply with all of the above insurance requirements.
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14. Delegation of Professional Services. The services provided for herein shall be
performed by Consultant, and no person other than regular associates or employees of
Consultant shall be engaged upon such work or services except upon written approval
of the City.
15. Assignment. This Agreement, or any interest herein, or claim hereunder, shall
not be assigned or transferred in whole or in part by Consultant to any other person or
entity without the prior written consent of the City. In the event that such prior written
consent to an assignment is granted, then the assignee shall assume all duties,
obligations, and liabilities of Consultant stated herein.
16. 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.
17. Termination.
a. Termination for cause. 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 failure to perform in
accordance with the terms and conditions of this Agreement; provided,
however, prior to termination for default, the City will provide written
notice to the Consultant affording it the opportunity to cure the
deficiencies or to submit a specific plan to resolve the deficiencies within
ten (10) days (or the period specified in the notice) after receipt of the
notice. In the event that a party fails to cure the deficiency(ies) within the
time period stated in the notice, the other party may immediately
thereafter terminate the Agreement.
b. Termination without cause. Additionally, the City may terminate this
Agreement without cause by providing the Consultant with written notice
of termination thirty (30) calendar days prior to the termination date.
c. Compensation in event of termination. In the event this Agreement is
terminated pursuant to this paragraph, Consultant shall be compensated
for services rendered and expenses incurred through the effective date of
such termination.
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18. 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.
19. Notices. Unless stated otherwise herein, all notices and demands shall be in
writing and sent or hand delivered to the parties to their addresses as follows:
TO CITY:
TO CONSULTANT:
City Manager
City Hall
129 North 2nd Street
Yakima, Washington 98901
Steve Chamberlain
SCA Consulting Group
4200 Sixth Ave SE, Suite 301
Lacey, Washington 98503
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.
20. Third Parties. The City and the Consultant are the only parties to this Agreement
and are the only parties entitled to enforce its terms. Nothing in this Agreement gives,
is intended to give, or shall be construed to give or provide, any right or benefit,
whether directly or indirectly or otherwise, to third persons.
21. Drafting of Agreement. Both the City and the Consultant have participated in
the drafting of this Agreement. As such, it is agreed by the parties that the general
contract rule of law that ambiguities within a contract shall be construed against the
drafter of a contract shall have no application to any legal proceeding, arbitration
and/or action in which this Agreement and its terms and conditions are being
interpreted and/or enforced.
22. Integration. This written document constitutes the entire Agreement between
the City and Consultant. There are no other oral or written agreements between the
parties as to the subjects covered herein. No changes or additions to this Agreement
shall be valid or binding upon either party unless such change or addition be in writing
and executed by both parties.
23. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
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24. Venue. The venue for any action to enforce or interpret this Agreement shall lie
in the Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA
By:C'1�
R. A. Zais, Jr., City Manager
Date:
SCA CONSULTING GROUP
B
Date:
City Clerk
City Contract No. „vo,3 /la
City Resolution No. �'2Da� /f
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Rose lo
21/1
APPENDIX A
Task
No.
SCA CONSULTING GROUP
Project: Tieton Drive Sanitary Sewer, (in conjunction with Yakima County Roadway Construction 2003)
Design Tasks:
Work Hour Estimate
Project Total
Principal Manager Designer Clerical Hours
1.0 SANITARY SEWER. DESIGN
1.1 Review plans provided by the City 1 2 4 7
1.2 Update design base map with proposed 1 2 12 15
sewer line
1.3 Prepare profiles for proposed sanitary sewer 1 4 12 17
line
1.4 Submit plans to City of Yakima and Yakima 1 1 1 2 5
County for review
1.5 Revise plans to incorporate review 1 3 19 3 26
comments. Submit Ad ready contract
document to County
Total Hours: 5 12 48 5 70
Consultant Fee Determination Summary
Discipline Hours Rate Amount
Principal 5 67.00 $335.00
Project Manager 12 33.00 $396.00
Project Engineer 48 24.00 $1,152.00
Clerical 5 14.00 $70.00
Direct Salary Cost (DSC) : $1,953.00
Overhead Cost (OH) :
(OH Rate) * (DSC) 172.38% $1,953.00 $3,366.58
Fixed Fee :
(Fixed Fee Rate) * (DSC) 30% $1,953.00 $585.90
Direct Non -Salary Costs :
Reproduction Expenses: $95.00
Subtotal Non -Direct Salary Costs : $95.00
Total SCA Consultant Group (Direct & Non -Direct Costs) $6,000.48
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of February 4, 2003
ITEM TITLE: Professional Consulting Services Agreement with SCA Consulting
Group, for the Tieton Drive Sanitary Sewer Line Project
SUBMITTED BY: impartment. of Community and Economic Development -
William Cook, CED Director
CONTACT PERSON/TELEPHONE: K. Wendell Adam, .E., Engineering Division Manager,
575-6111
SUMMARY EXPLANATION:
The Community & Economic Development Department respectfully requests City Council
approval of a Resolution authorizing the City Manager to execute the attached
professional consulting services agreement with SCA Consulting Group, for design of the
Tieton Drive Sanitary Sewer Line Project in conjunction with Yakima County's roadway
reconstruction project of Tieton Drive between 72nd and 96th Avenues. Once executed,
SCA Consulting Group will begin the sanitary sewer design phase in conjunction with
development of the sanitary sewer project using consultation with Engineering Division
and Yakima County Public Works Staff. The drawings to be provided will be ready for
inclusion with the Yakima County roadway project that is projected for ad and award in
April and May of this year.
Resolution X Ordinance Contract X Other (Specify)
Funding Source Wastewater Fund 476
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve the attached Resolution authorizing and
directing the City Manager of the City of Yakima to
execute a professional consulting services agreement
with SCA Consulting Group for design of the Tieton
Drive Sanitary Sewer Line Project.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION R-2003-18