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HomeMy WebLinkAboutR-2004-113 Huibregtse, Louman & Associates (HLA) AgreementRESOLUTION NO. R 2004 -113 A RESOLUTION authorizing and directing the City Manager to enter into an agreement for professional services between the City of Yakima and Huibregtse, Louman & Associates (HLA) for design services related to the 84th Avenue/Hawthorn Drive Sewer LID project. WHEREAS, the City of Yakima desires to engage Huibregtse, Louman & Associates (HLA), to perform design and plan preparation work on an independent contractor basis for the 84th Avenue/Hawthorn Drive Local Improvement District (LID) Project (hereinafter the "Project"); and WHEREAS, Huibregtse, Louman & Associates (HLA) 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 required by the City of Yakima; NOW THEREFORE, The City Manager is hereby authorized and directed to execute a contract for design services and plan preparations with Huibregtse, Louman & Associates (HLA), subject to review and approval of the contract by the City Attorney. ADOPTED BY THE CITY COUNCIL this 20th day of July, 2004. A'11'hST: 9i City Clerk &nes/engineering resolution HLA Washington.doc c Paul P. George, 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 Huibregtse, Louman, & Associates, Inc. (HLA), 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 84th Avenue/Hawthorn Drive Sanitary Sewer Line for inclusion into the Yakima County's 84th Avenue/Hawthorn 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 84th Avenue/Hawthorn Drive from Summitview Avenue north to Viewmont Drive. 2. Term. The term of this Agreement shall commence upon execution hereof and shall terminate midnight of June 30, 2005; 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 Twelve Thousand Dollars ($12,000.00). 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 termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. Page 2 of 7 Consultant Agreement - Tieton Drive Sewer.doc 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. 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 Page 3 of 7 Consultant Agreement - Tieton Drive Sewer.doc 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. 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. Page 4 of 7 Consultant Agreement - Tieton Drive Sewer.doe 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. 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. Page 5 of 7 Consultant Agreement - Tieton Drive Sewer.doc 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 Bill Huibregtse Huibregtse, Louman, & Associates, Inc. 801 N. 39th Avenue Yakima, Washington 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. 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. 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. Page 6 of 7 Consultant Agreement - Tieton Drive Sewer.doc CITY OF YAKIMA Huibregtse, LoumanA Associates" . By: By: G� R. A. Zais, Jrity Manager Date: ICA,(.2a, (200k/ ATTEST: City Clerk City Contract No. oT& 2'V 9/ City Resolution No. Page 7 of 7 Consultant Agreement - Tieton Drive Sewer.doc Bill Huibregtse , President Date: ? s Z - Q `f APPENDIX A SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. (January 1, 2004, Through December 31, 2004) Principal Engineer $123.00 per hour Licensed Professional Engineer $101.00 per hour Licensed Professional Land Surveyor $94.00 per hour Project Engineer $85.00 per hour CAD Technician $73.00 per hour Resident Engineer/Inspector $70.00 per hour Surveyor $70.00 per hour Senior Engineering Technician $56.00 per hour Engineering Technician $49.00 per hour Word Processing Technician $49.00 per hour Two Man Survey Party $135.00 per hour Three Man Survey Party $176.00 per hour Vehicle Mileage $0.32 per mile Global Positioning Survey System Fee $72.00 per hour Z:\JAN\LIBRARY-Z-J C\RATES-2004.wpd APPENDIX A SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. (January 1, 2005, Through December 31, 2005) Principal Engineer $127.00 per hour Licensed Professional Engineer $105.00 per hour Licensed Professional Land Surveyor $97.00 per hour Project Engineer $88.00 per hour CAD Technician $76.00 per hour Resident Engineer/Inspector $72.00 per hour Surveyor $72.00 per hour Senior Engineering Technician $58.00 per hour Engineering Technician $51.00 per hour Word Processing Technician $51.00 per hour Two Man Survey Party $140.00 per hour Three Man Survey Party $182.00 per hour Vehicle Mileage $0.32 per mile Global Positioning Survey System Fee $72.00 per hour Z:\JAN\LI B RARY-Z-JC\RATES-2005.wpd ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. Ait For Meeting of Tuly 20, 2004 Professional Consulting Services Agreement with HLA, for the 84th Avenue Sanitary Sewer Line Project for LID tment. of Community and Economic Development - William Cook, CED Director CONTACT PERSON/ 1'±LEPHONE: K. Wendell Adams, P.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 HLA, for design of the 84th Avenue Sanitary Sewer Line Project (84th Avenue LID) in conjunction with Yakima County's roadway reconstruction project of 84th Avenue North of Summitview.. Once executed, HLA will incorporate the City's sanitary sewer design in conjunction with development of the road reconstruction 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 August and September of this year. If the Sewer LID fails at any point along the formation, we will still be able to use the information provided by HLA for the sewer installation at a later date. Resolution X Ordinance Contract X Other (Specify) Funding Source LID Funds & Wastewater Fund 476 APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve the attached Resolution and Contract. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2004-113.