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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. Page 1 of 7 Consultant Agreement — Tieton Drive Sewer.doc 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 Page 2 of 7 Consultant Agreement— Tieton Drive Sewer.doc 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. Page 3 of 7 Consultant Agreement—Tieton Drive Sewer.doc 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. Page 4 of 7 Consultant Agreement — Tieton Drive Sewer.doc 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. Page 5 of 7 Consultant Agreement — Tieton Drive Sewer.doc 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. Page 6 of 7 Consultant Agreement — Tieton Drive Sewer.doc 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 Page 7 of 7 Consultant Agreement — Tieton Drive Sewer.doc 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