HomeMy WebLinkAboutR-2004-162 Huibregtse Louman Associates AgreementRESOLUTION NO. 2004-162
A RESOLUTION authorizing the City Manager to execute execution of a
professional services agreement with Huibregtse, Louman
Associates, Inc. for engineering services necessary for the Old
North Yakima National Historic District Renovation Project.
WHEREAS, the City of Yakima requires engineering services for the Old North
Yakima National Historic District Renovation Project; and
WHEREAS, City of Yakima representatives complied with the provisions of
RCW 39.80 which concerns the procurement of engineering and architectural
services by a city; and
WHEREAS, Huibregtse, Louman Associates, Inc., has the necessary expertise
and experience to perform and provide the required engineering services and is
willing to do so in accordance with the attached agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City to
enter into an agreement with Huibregtse, Louman Associates, Inc., for engineering
services necessary for the Old North Yakima National Historic District Renovation
Project, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated professional services agreement with Huibregtse, Louman Associates,
Inc. for engineering services necessary for the Old North Yakima National Historic
District Renovation Project.
ADOPTED BY THE CITY COUNCIL this 19th day of October, 2004.
,,,,,,e
Paul P. George, Mayor
ATTEST:
Karen S. Roberts, City Clerk
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of &,,A ,
2004, by and between the City of Yakima, Washington, with principal offices at 129 North Second
Street, Yakima, WA 98901, hereinafter referred to as "CITY", and HUIBREGTSE, LOUMAN
ASSOCIATES, INC., 801 North 39th Avenue, Yakima, WA 98902, and which corporation and its
principal engineers performing this Agreement are licensed and registered to do business in the
State of Washington, hereinafter referred to as "ENGINEER," for Old North Yakima National
Historic District Renovation Project, including curb and gutter, paver sidewalks, paver alleys,
lighting, landscaping, street furniture, and vaults below sidewalk grade (East Side of Front Street -
Yakima Avenue to "A" Street, South Side of "A" Street from Front Street to First Street, West Side
of First Street from Yakima Avenue to "A" Street, North Side of Yakima Avenue from Front Street
to First Street, and the public alleys in Block 10 of the Plat of Town of North Yakima) and a
connecting pedestrian corridor along "A" Street from the above described historic block to the
Yakima Gateway Center, herein called the "PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide professional engineer-
ing services for the PROJECT, as described in this Agreement and subsequent Amendments
thereto; and
WHEREAS, ENGINEER represents that it has available and offers to provide
personnel with expertise and experience necessary to satisfactorily accomplish the work within the
required time and that it has no conflicts of interest prohibited by law from entering into this
Agreement;
NOW, THEREFORE, CITY and ENGINEER agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1
Agreement.
The above recitals are incorporated into these operative provisions of the
SECTION 2 SCOPE OF SERVICES
2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified
in writing by both parties, duties of ENGINEER shall not be construed to exceed those services
specifically set forth herein.
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2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall
assign Dennis J. Whitcher, PE, as Project Manager and William L. Huibregtse, PE, as Principal -in -
Charge throughout the term of this Agreement unless other personnel are approved by the CITY.
2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A,
entitled "City of Yakima - Old North Yakima National Historic District Renovation Project (PROJECT
WORK) which is part of this Agreement as if fully set forth herein.
2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed
by ENGINEER can be defined in detail at the time this Agreement is executed, and that additional
WORK related to Project and not covered in Exhibit A may be needed during performance of this
Agreement. CITY may, at any time, by written order, direct the ENGINEER to revise portions of the
PROJECT WORK previously completed in a satisfactory manner, delete portions of the PROJECT,
or request that the ENGINEER perform additional WORK beyond the scope of the PROJECT
WORK. Such changes hereinafter shall be referred to as "Additional Services."
2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost
of, or time required for, performance of any services under this Agreement, a contract price and/or
completion time adjustment pursuant to this Agreement shall be made and this Agreement shall be
modified in writing accordingly.
2.2.2 Compensation for each such request for Additional Services will be negotiated by
the CITY and the ENGINEER according to the provisions set forth in Exhibit B and, if so
authorized, shall be considered part of the PROJECT WORK. The ENGINEER shall not perform
any Additional Services until so authorized by CITY and agreed to by the ENGINEER in writing.
2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30)
days from the date of receipt by the ENGINEER of the written notification of change or of providing
services related to an asserted change, whichever is earliest.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY -FURNISHED DATA AND RESPONSIBILITY OF CITY: The CITY will provide
to the ENGINEER or perform the following:
a. Provide full information as to CITY requirements of the Project
b. Assist the ENGINEER by placing at his disposal all available information
pertinent to the Project including previous reports, record drawings, electronic drawings, plats,
surveys, utility records, and any other data relative to design and construction of the Project.
c. Obtain all rights of way and easements necessary to construct the PRO-
JECT.
d. Examine all studies, reports, sketches, estimates, specifications, drawings,
proposals, and other documents presented by the ENGINEER and render in writing decisions
pertaining thereto within a reasonable time so as not to delay the work of the ENGINEER.
e. Advertise for hearings and proposals for bidders, open the proposals at the
appointed time and place, and pay for all costs incidental thereto
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f. Obtain approval of all governmental authorities having jurisdiction over the
Project and such approvals and consents from such other individuals or bodies as may be
necessary for completion of the Project.
3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities
reasonably accessible to ENGINEER as required for ENGINEER'S performance of its services and
will provide labor and safety equipment as reasonably required by ENGINEER for such access.
3.3 TIMELY REVIEW: The CITY will examine the ENGINEER'S studies, reports,
sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as
CITY deems appropriate; and render in writing decisions required of CITY in a timely manner. Such
examinations and decisions, however, shall not relieve the ENGINEER of any contractual
obligations nor of its duty to render professional services meeting the standards of care for its
profession.
3.4 CITY shall appoint a City's Representative with respect to WORK to be performed
under this Agreement. City's Representative shall have complete authority to transmit instructions
and receive information. ENGINEER shall be entitled to reasonably rely on such instructions made
by the CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER
shall be responsible for bringing to the attention of the CITY'S Representative any instructions
which the ENGINEER believes are inadequate, incomplete, or inaccurate based upon the
ENGINEER'S knowledge.
3.5 Any documents, services, and reports provided by the CITY to the ENGINEER are
available solely as additional information to the ENGINEER and will not relieve the ENGINEER of
its duties and obligations under this Agreement or at law. The ENGINEER shall be entitled to
reasonably rely upon the accuracy and the completeness of such documents, services and reports,
but shall be responsible for exercising customary professional care in using and reviewing such
documents, services, and reports and drawing conclusions therefrom.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4.1 In signing this Agreement, CITY grants ENGINEER specific authorization to proceed
with WORK described in Exhibit A. The time for completion is defined in Exhibit A, or as amended.
SECTION 5 COMPENSATION
5.1 COMPENSATION ON ATIME SPENT BASIS AT SPECIFIC HOURLY RATES: For
the services described in Exhibit A, compensation shall be according to Exhibit D - Schedule of
Specific Hourly Rates on a time spent basis plus reimbursement for direct non -salary expenses.
5.1.1 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those costs
incurred on or directly for the PROJECT including, but not limited to, necessary transportation
costs, including current rates for ENGINEER'S vehicles; meals and lodging; laboratory tests and
analyses; printing, binding, and reproduction charges; all costs associated with other outside
nonprofessional services and facilities; special CITY -requested and PROJECT -related insurance
and performance warranty costs; and other similar costs. Reimbursement for Direct Non -Salary
Expenses will be on the basis of actual charges when furnished by commercial sources and on the
basis of current rates when furnished by ENGINEER. Estimated Direct Non -Salary Expenses are
shown in Exhibit B.
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5.1.1.2 Travel costs, including transportation, lodging, subsistence, and incidental expenses
incurred by employees of the ENGINEER and each of the Subconsultants in connection with
PROJECT WORK; provided, as follows:
❖ That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents per mile
will be paid for the operation, maintenance, and depreciation costs of company or
individually owned vehicles for that portion of time they are used for PROJECT
WORK. ENGINEER, whenever possible, will use the least expensive form of
ground transportation.
❖ That reimbursement for meals inclusive of tips shall not exceed a maximum of $40
per day per person This rate may be adjusted on a yearly basis.
❖ That accommodation shall be at a reasonably priced hotel/motel.
❖ That air travel shall be by coach class, and shall be used only when absolutely
necessary.
5.1.2 Telephone charges, computer charges, in-house reproduction charges, first class
postage, and FAX charges are not included in the direct expense costs, but are considered
included in the Schedule of Specific Hourly Billing Rates.
5.1.3 Professional Subconsultants. Professional Subconsultants are those costs for
engineering, architecture, geotechnical services and similar professional services approved by the
CITY. Reimbursement for Professional Subconsultants will be on the basis of 1.10 times the actual
costs billed by the Professional Subconsultant for services provided to the CITY through this
Agreement. Estimated Subconsultant costs are shown in Exhibit B.
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for
this PROJECT shall not exceed that amount set forth in Exhibit B. The ENGINEER will make
reasonable efforts to complete the WORK within the budget and will keep CITY informed of
progress toward that end so that the budget or WORK effort can be adjusted if found necessary.
The ENGINEER is not obligated to incur costs beyond the indicated budget, as may be adjusted,
nor is the CITY obligated to pay the ENGINEER beyond these limits. When any budget has been
increased, the ENGINEER'S excess costs expended prior to such increase will be allowable to the
same extent as if such costs had been incurred after the approved increase, and provided that the
City was informed in writing at the time such costs were incurred.
5.3 The ENGINEER will use its best efforts to submit to the City's Representative by the
10th day of each calendar month an invoice for payment for PROJECT services completed through
the accounting cut-off day of the previous month. Such invoices shall be for PROJECT services
and WORK performed and costs incurred prior to the date of the invoice and not covered by
previously submitted invoices. The ENGINEER shall submit with each invoice a summary of time
expended on the PROJECT for the current billing period, copies of subconsultant invoices, and any
other supporting materials determined by the City necessary to substantiate the costs incurred.
CITY will use its best efforts to pay such invoices within thirty (30) days of receipt and upon
approval of the WORK done and amount billed. CITY will notify the ENGINEER promptly if any
problems are noted with the invoice. CITY may question any item in an invoice, noting to
ENGINEER the questionable item(s) and withholding payment for such item(s). The ENGINEER
may resubmit such item(s) in a subsequent invoice together with additional supporting information
required.
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5.4 If payment is not made within sixty (60) days following receipt of approved invoices,
interest on the unpaid balance shall accrue beginning with the sixty-first (61) day at the rate of 1.0%
per month or the maximum interest rate permitted by law, whichever is less; provided, however, that
no interest shall accrue pursuant to Chapter 39.76 RCW when before the date of timely payment
a notice of dispute is issued in good faith by the CITY to the ENGINEER pursuant to the terms of
RCW 39.76.020(4).
5.5 Final payment of any balance due the ENGINEER for PROJECT services will be
made within forty-five (45) days after satisfactory completion of the services required by this
Agreement as evidenced by written acceptance by CITY and after such audit or verification as CITY
may deem necessary and execution and delivery by the ENGINEER of a release of all known
claims against CITY arising under or by virtue of this Agreement, other than such claims, if any, as
may be specifically exempted by the ENGINEER from the operation of the release in stated
amounts to be set forth therein.
5.6 Payment for any PROJECT services and WORK shall not constitute a waiver or
release by CITY of any claims, right, or remedy it may have against the ENGINEER under this
Agreement or by law, nor shall such payment constitute a waiver, remission, or discharge by CITY
of any failure or fault of the ENGINEER to satisfactorily perform the PROJECT WORK as required
under this Agreement.
SECTION 6 RESPONSIBILITY OF ENGINEER
6.1 The ENGINEER shall be responsible for the professional quality, technical adequacy
and accuracy, timely completion, and the coordination of all plans, design, drawings, specifications,
reports, and other services furnished by the ENGINEER under this Agreement. The ENGINEER
shall, without additional compensation, correct or review any errors, omissions, or other deficiencies
in its plans, designs, drawings, specifications, reports, and other services. The ENGINEER shall
perform its WORK according to generally accepted civil engineering standards of care and
consistent with achieving the PROJECT WORK within budget, on time, and in compliance with
applicable laws, regulations, and permits.
6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, spec-
ifications, reports, and incidental WORK or services furnished hereunder shall not in any way
relieve the ENGINEER of responsibility for the technical adequacy, completeness, or accuracy of
its WORK and the PROJECT WORK. CITY'S review, approval, or payment for any of the services
shall not be construed to operate as a waiver of any rights under this Agreement or at law or any
cause of action arising out of the performance of this Agreement.
6.3 In performing WORK and services hereunder, the ENGINEER and its subcontrac-
tors, subconsultants, employees, agents, and representatives shall be acting as independent
contractors and shall not be deemed or construed to be employees or agents of CITY in any
manner whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an officer or
employee of CITY by reason hereof and will not make any claim, demand, or application to or for
any right or privilege applicable to an officer or employee of CITY. The ENGINEER shall be solely
responsible for any claims for wages or compensation by ENGINEER employees, agents, and
representatives, including subconsultants and subcontractors, and shall save and hold CITY
harmless therefrom.
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6.4 INDEMNIFICATION:
(a) ENGINEER agrees to indemnify, defend, and hold the CITY harmless from
loss, cost, or expense, including legal fees, of any kind claimed by third parties, including without
limitation such loss, cost, or expense resulting from injuries to persons or damages to property,
caused solely by the negligence or willful misconduct of the ENGINEER, its employees, officers,
and subconsultants in connection with the PROJECT. In the event that any lien is placed upon the
property of the CITY or any of the CITY'S officers, employees, or agents as a result of the
negligence or willful misconduct of the ENGINEER, the ENGINEER shall at once cause the same
to be dissolved and discharged by giving bond or otherwise.
(b) In the event both the ENGINEER and the CITY are negligent, the
ENGINEER'S liability for indemnification of the CITY shall be limited to the contributory negligence
for any resulting suits, actions, claims, liability, damages, judgments, costs, and expenses
(including reasonable attorney's fees) that can be apportioned to the ENGINEER, its officers,
employees, agents, and/or subcontractors.
6.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may be liable,
the indemnification obligations under this Agreement shall not be limited, in any way by any
limitation on the amount or types of damages, compensation, or benefits payable by or for the
ENGINEER or a subcontractor under workers' or workmens' compensation acts, disability benefit
acts, or other employee benefit acts. The ENGINEER waives its immunity under the Industrial
Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the ENGINEER and
the CITY as evidenced by their specific and express initialing of this paragraph.
ENGINEER'S INITIALS a12-14--- CITY'S INITIALS
6.6 Itis understood that any resident engineering or inspection provided by ENGINEER
is for the purpose of determining compliance with the technical provisions of PROJECT
specifications and does not constitute any form of guarantee or insurance with respect to the
performance of a contractor. ENGINEER does not assume responsibility for methods or
appliances used by a contractor, for the safety of construction work, or for compliance by
contractors with laws and regulations. CITY shall use its best efforts to ensure that the
construction contract requires that the contractor(s) indemnify and name CITY, the CITY'S and
the ENGINEER'S officers, principals, employees, agents, representatives, and engineers as
additional insureds on contractor's insurance policies covering PROJECT, exclusive of insurance
for ENGINEER professional liability.
6.7 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other
subsurface investigations, the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where observation, exploration, and
investigations have been made. Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could affect total PROJECT cost
and/or execution. These conditions and cost/execution effects are not the responsibility of the
ENGINEER, to the extent that ENGINEER has exercised the applicable standard of professional
care and judgment in such investigations.
SECTION 7 PROJECT SCHEDULE AND BUDGET
7.1 The general PROJECT schedule and the budget for both the entire PROJECT and
its component tasks shall be as set forth in this Agreement and attachments. The project schedule
and performance dates for the individual tasks shall be mutually agreed to by the CITY and the
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ENGINEER within fifteen days after execution of this Agreement. The performance dates and
budgets for tasks may be modified only upon written agreement of the parties hereto. The
performance date for tasks and the completion date for the entire PROJECT shall not be extended
nor the budget increased because of any unwarranted delays attributable to the ENGINEER but
may be extended or increased by the CITY in the event of a delay caused by special services
requested by the CITY or because of unavoidable delay caused by any governmental action or
other conditions beyond the control of the ENGINEER which could not be reasonably anticipated.
7.2 Not later than the tenth day of each calendar month during the performance of the
PROJECT, the ENGINEER shall submit to the CITY'S Representative a copy of the current
schedule and a written narrative description of the WORK accomplished by the ENGINEER and
subconsultants on each task, indicating a good faith estimate of the percentage completion thereof
on the last day of the previous month. Additional oral or written reports shall be prepared at the
request of the CITY for presentation to other governmental agencies and/or to the public.
SECTION 8 REUSE OF DOCUMENTS
8.1 All internal WORK products of the ENGINEER are instruments or service of this
PROJECT. There shall be no reuse, change, or alteration by the CITY or others acting through
or in behalf of the CITY without written permission of the ENGINEER, which shall not be
reasonably withheld will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER
and its officers, employees, subcontractors, and affiliated corporations from all claims, damages,
losses, and costs, including, but not limited to, litigation expenses and attorney's fees, arising out
of or related to such unauthorized reuse, change, or alteration; provided, however, that the
ENGINEER will not be indemnified for such claims, damages, losses, and costs including without
limitations litigation expenses and attorney fees where caused by the ENGINEER's own acts or
omissions.
8.2 The ENGINEER agrees that ownership of any plans, drawings, designs,
specifications, computer programs, technical reports, operating manuals, calculations, notes, and
other WORK submitted or which are specified to be delivered under this Agreement or which are
developed or produced and paid for under this Agreement, whether or not complete, shall be
vested in the CITY.
SECTION 9 AUDIT AND ACCESS TO RECORDS
9.1 The ENGINEER, including its subconsultants, shall maintain books, records,
documents and other evidence directly pertinent to performance of the WORK under this Agree-
ment in accordance with generally accepted accounting principles and practices consistently
applied. The CITY or the CITY'S duly authorized representative, shall have access to such books,
records, documents, and other evidence for inspection, audit, and copying for a period of three
years after completion of the PROJECT. The CITY shall also have access to such books, records,
and documents during the performance of the PROJECT WORK if deemed necessary by the CITY
to verify the ENGINEER'S WORK and invoices.
9.2 Audits conducted pursuant to this section shall be in accordance with generally
accepted auditing standards and established procedures and guidelines of the reviewing or
auditing agency.
9.3 The ENGINEER agrees to the disclosure of all information and reports resulting
from access to records pursuant to this section, provided that the ENGINEER is afforded the
opportunity for an audit exit conference and an opportunity to comment and submit any supporting
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documentation on the pertinent portions of the draft audit report and that the final audit report will
include written comments, if any, of the ENGINEER.
9.4 The ENGINEER shall ensure that substantially the foregoing paragraphs are
included in each subcontract for WORK on the Project.
9.5 Any charges of the ENGINEER paid by the CITY found by an audit to be
inadequately substantiated shall be reimbursed to the CITY.
SECTION 10 INSURANCE
10.1 Prior to beginning WORK under this Agreement, the ENGINEER shall provide
Certificates of Insurance satisfactory to the CITY as evidence that policies providing the following
coverage and limits of insurance are in full force and effect. The CITY and the CITY'S officers,
principals, employees, representatives, and agents shall be designated as additional insured on
all such policies except for professional liability and Worker's Compensation. Such insurance shall
be primary to the extent covered as additional insureds and other insurance maintained or carried
by the CITY shall be separate and distinct and shall not be contributing with the insurance listed
hereunder. ENGINEER's insurance carrier shall be rated A -VII or higher in Best's Guide and
admitted in the State of Washington.
10.1.1 Comprehensive general liability insurance, including personal injury liability, blanket
contractual liability, and broad -form property damage liability coverage. The combined single limit
for bodily injury and property damage shall be not less than $1,000,000 per occurrence.
10.1.2. Automobile bodily injury and property damage liability insurance covering owned,
non -owned, rented, and hired cars. The combined single limit for bodily injury and property
damage shall be not less than $1,000,000 per occurrence.
10.1.3.
state law.
Statutory workers' compensation and employer's liability insurance as required by
10.1.4. Professional liability insurance. The limit of liability shall be not less than
$1,000,000. If the policy is on a claims made basis, the retroactive date of the insurance policy
shall be on or before August 1, 2004, or shall provide full prior acts. The insurance coverage shall
remain in effect during the term of this Agreement and for a minimum of three (3) years following
the termination of this Agreement.
Failure of either or all of the additional insureds to report a claim under such
insurance shall not prejudice the rights of the CITY, its officers, employees, agents, and
representatives thereunder. The CITY and the CITY'S officers, principals, employees,
representatives, and agents shall have no obligation for payment of premiums because of being
named as additional insureds under such insurance. None of the policies issued pursuant to the
requirements contained herein shall be canceled, allowed to expire, or changed in any manner
so as to affect the rights of the City thereunder until thirty (30) days after written notice to the CITY
of such intended cancellation, expiration, or change.
SECTION 11 SUBCONTRACTS
11.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER,
to subcontract any portion of the WORK to be performed under this Agreement.
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11.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT,
including any substitutions thereof, will be subject to prior approval by CITY, which approval shall
not be unreasonably withheld. Each subcontract shall be subject to review by the CITY'S Repre-
sentative, if requested, prior to the subconsultant or subcontractor proceeding with the WORK.
Such review shall not constitute an approval as to the legal form or content of such subcontract.
The ENGINEER shall be responsible for the architectural and engineering performance, acts, and
omissions of all persons and firms performing subcontract WORK. Subconsultants anticipated for
work on this PROJECT are identified on the attached Exhibit B.
11.3 The ENGINEER shall submit, along with its monthly invoices, a description of all
WORK completed by subconsultants and subcontractors during the preceding month and copies
of all invoices thereto.
SECTION 12 ASSIGNMENT
12.1 This Agreement is binding on the heirs, successors, and assigns of the parties
hereto. This Agreement may not be assigned by CITY or ENGINEER without prior, written
consent of the other, which consent will not be unreasonably withheld.
SECTION 13 INTEGRATION
13.1 This Agreement represents the entire understanding of CITY and ENGINEER as
to those matters contained herein. No prior oral or written understanding shall be of any force or
effect with respect to those matters covered herein. This Agreement may not be modified or
altered except in writing signed by both parties.
SECTION 14 JURISDICTION AND VENUE
14.1 This Agreement shall be administered and interpreted under the laws of the State
of Washington. Jurisdiction of litigation arising from this Agreement shall be in that state. If any
part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null,
and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full
force and effect. Venue of all disputes shall be Yakima County, State of Washington.
SECTION 15 EQUAL EMPLOYMENT, NONDISCRIMINATION, and DRUG FREE WORK-
PLACE
15.1 In connection with the Services under this Agreement, ENGINEER agrees to
comply with the applicable provisions of State and Federal Equal Employment Opportunity and
Nondiscrimination statutes and regulations.
15.2 In accordance with the Anti -Drug Act of 1988, 41 U.S.C. 702-707 and the Drug -Free
Workplace Act, 42 U.S.C. 12644, the ENGINEER has the responsibility to ensure that the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled substance by any
employee of the ENGINEER and by any employee of any subcontractor or subconsultant of the
ENGINEER is prohibited in the workplace.
SECTION 16 SUSPENSION OF WORK
16.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under
this Agreement if unforeseen circumstances beyond CITY'S control are interfering with normal
progress of the WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of
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the WORK under this Agreement if unforeseen circumstances beyond ENGINEER's control are
interfering with normal progress of the WORK. ENGINEER may suspend WORK on PROJECT
in the event CITY does not pay invoices when due, except where otherwise provided by this
Agreement. The time for completion of the WORK shall be extended by the number of days
WORK is suspended. If the period of suspension exceeds 90 days, the terms of this Agreement
are subject to renegotiation, and both parties are granted the option to terminate WORK on the
suspended portion of Project in accordance with SECTION 17.
SECTION 17 TERMINATION OF WORK
17.1 Either party may terminate this Agreement, in whole or in part, if the other party
materially breaches its obligations under this Agreement and is in default through no fault of the
terminating party. However, no such termination may be effected unless the other party is given:
(1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt
requested, of intent to terminate; and (2) an opportunity for consultation and for cure with the
terminating party before termination. Notice shall be considered issued within seventy-two (72)
hours of mailing by certified mail to the place of business of either party as set forth in this
Agreement.
17.2 In addition to termination under subparagraph A of this Section, CITY may
terminate this Agreement for its convenience, in whole or in part, provided the ENGINEER is
given: (1) not less than fifteen (15) calendar days written notice delivered by certified mail, return
receipt requested, of intent to terminate; and (2) an opportunity for consultation with CITY before
termination.
17.3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the
contract price pursuant to the Agreement shall be made, but (1) no amount shall be allowed for
anticipated profit on unperformed services or other WORK, and (2) any payment due to the
ENGINEER at the time of termination may be adjusted to the extent of any additional costs or
damages CITY has incurred, or is likely to incur, because of the ENGINEER'S breach. In such
event, CITY shall consider the amount of WORK originally required which was satisfactorily
completed to date of termination, whether that WORK is in a form or of a type which is usable and
suitable to CITY at the date of termination and the cost to CITY of completing the WORK itself or
of employing another firm to complete it. Under no circumstances shall payments made under this
provision exceed the contract price. In the event of default, the ENGINEER agrees to pay CITY
for any and all damages, costs, and expenses whether directly, indirectly, or consequentially
caused by said default. This provision shall not preclude CITY from filing claims and/or
commencing litigation to secure compensation for damages incurred beyond that covered by
contract retainage or other withheld payments.
17.4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates
for convenience, the adjustment pursuant to the Agreement shall include payment for services
satisfactorily performed to the date of termination, in addition to termination settlement costs the
ENGINEER reasonably incurs relating to commitments which had become firm before the
termination, unless CITY determines to assume said commitments.
17.5 Upon receipt of a termination notice under subsections 17.1 or 17.2 above, the
ENGINEER shall (1) promptly discontinue all services affected (unless the notice directs
otherwise), and (2) deliver or otherwise make available to CITY all originals of data, drawings,
specifications, calculations, reports, estimates, summaries, and such other information,
documents, and materials as the ENGINEER or its subconsultants may have accumulated or
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prepared in performing this Agreement, whether completed or in progress, with the ENGINEER
retaining copies of the same.
17.6 Upon termination under any subparagraph above, CITY reserves the right to
prosecute the WORK to completion utilizing other qualified firms or individuals; provided, the
ENGINEER shall have no responsibility to prosecute further WORK thereon.
17.7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it
is determined that the ENGINEER has not so failed, the termination shall be deemed to have been
effected for the convenience of CITY. In such event, the adjustment pursuant to the Agreement
shall be determined as set forth in subparagraph 17.4 of this Section.
17.8 If, because of death, unavailability or any other occurrence, it becomes impossible
for any key personnel employed by the ENGINEER in PROJECT WORK or for any corporate
officer of the ENGINEER to render his services to the PROJECT, the ENGINEER shall not be
relieved of its obligations to complete performance under this Agreement without the concurrence
and written approval of CITY. If CITY agrees to termination of this Agreement under this provision,
payment shall be made as set forth in subparagraph 17.3 of this Section.
SECTION 18 ARBITRATION
18.1 All claims, counterclaims, disputes, and other matters in question arising out of, or
relating to, this AGREEMENT or the breach thereof may be decided by arbitration in accordance
with the Construction Industry Arbitration Rules of the American Arbitration Association then
obtaining. Either CITY or ENGINEER may initiate a request for such arbitration, but consent of
the other party to such arbitration shall be a necessary precondition to arbitration.
SECTION 19 NOTICE
19.1 Any notice required to be given under the terms of this Agreement shall be directed
to the party at the address set forth below. Notice shall be considered issued and effective upon
receipt thereof by the addressee -party, or seventy-two hours after mailing by certified mail to the
place of business set forth below, whichever is earlier.
CITY: City of Yakima
2301 Fruitvale Boulevard
Yakima, WA 98902
Attn: Mr. Chris Waarvick, Public Works Director
ENGINEER: HUIBREGTSE, LOUMAN ASSOCIATES, INC.
801 North 39th Avenue
Yakima, WA 98902
Attn: William L. Huibregtse, PE, Principal -in -Charge
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IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their respective authorized officers or representatives as of the day and year first
above written.
CITY OF YAKIMA HUIBREGTSE, LOUMAN ASSOCIATES, INC.
Signature Signature
Richard A. Zais, Jr. William L. Huibregtse, PE
(Printed Name) (Printed Name)
Title: City Manager Title: President
Date: / O - a / -O Date: l D - t 2 - D jf
Attest 1<
City Clerk
City Contract No. -V -
Resolution No. ie o7D03/ /gyp
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STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that /i /ehAtivp, • is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath
stated that he/she was authorized to execute the instrument, and acknowledged it as the
CI ,14/4--44.7 of CITY OF YAKIMA to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Dated: /D o?7 D•V
Seal or Stamp
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HLA Project No. 04087
Title
re)
y
//V 7, /% /i✓,9TX/TV,s-
Printed Name
My commission expires:
13
STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that William L. Huibregtse, PE, is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath
stated that he/she was authorized to execute the instrument, and acknowledged it as the President
of Huibregtse, Louman Associates, Inc., to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
Dated: 6, 42, o&c9 }`-
Seal or Stamp
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HLA Project No. 04087
(nature)
Title
Printed Name
My commission expires: /�/ /P
14
EXHIBIT A
CITY OF YAKIMA - OLD NORTH YAKIMA
NATIONAL HISTORIC DISTRICT RENOVATION PROJECT
PHASE 1 - PRELIMINARY PLANS
During the term of this AGREEMENT, the ENGINEER shall perform professional services in
connection with the following project:
City of Yakima - Old North Yakima National Historic District Renovation
Project
This scope of work shall include the furnishing of all services ,labor, materials, equipment,
supplies, and incidentals necessary to conduct and complete the work as hereinafter described.
The work to be performed involves preliminary investigation; preliminary plan preparation (40%
plans) for the historic block from Front Street to First Street, Yakima Avenue to "A" Street, from
the nearside curb and gutter to the building fronts and interior alleyways; preparation of a
preliminary project cost estimate for the historic block; and preparation of a conceptual,
diagrammatic plan depicting a connecting pedestrian corridor along "A" Street from the above
described historic block to the Yakima Gateway Center.
The intent of this Preliminary Plan Phase of the project is to provide information and materials for
presentation to the State Legislature by others, for the purpose of obtaining funds for construction
of the Old North Yakima National Historic District Renovation Project and possible related future
improvements.
TASK A - PRELIMINARY PLAN PREPARATION FOR HISTORIC BLOCK
1. Visit and photograph the site to record existing facilities and topographic features, site
amenities, and readily visible constraints and adjacent land uses. A topographic survey
of the block has been performed and will serve as the base map for plan preparation.
2. Perform additional investigation to determine the extent of existing underground sidewalk
vaults and basements and their potential impact on the project.
3. Review existing information including historic data, conceptual designs by other
consultants, themes, and possible amenities.
4. Review existing conceptual project estimate previously prepared by others.
5. Prepare preliminary construction drawings for proposed improvements to the historic block.
It is anticipated that this plan set will be approximately 40% complete for bidding purposes.
While it will indicate proposed improvements and some project details, it will not contain
all construction notes, information, or project specifications. This plan set can be
completed for construction documents.
Deliverables:
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HLA Project No. 04087
Project Cover Sheet
Existing Topographic Survey Drawing showing the existing
historic block.
15
Overall Project Plan Sheet showing locations and types of
proposed improvements, such as sidewalks, outdoor seating
areas, pedestrian walkways, plantings, and project amenities.
Enlarged Partial Site Plan Sheet showing features such as
sidewalk paving patterns, planters, and areas of interest.
Project Detail Sheet showing details of selected amenities such
as new curbing, tree planter grates, lamp posts, benches, trash
receptacles, sidewalk inlays, and banners.
6. Review preliminary drawings with City of Yakima staff, and the North Front Street
Improvement Association. Revise as necessary.
7. Prepare preliminary project cost estimate including engineering to complete plans for
bidding, probable construction cost, and construction administration.
8. Provide copies of the preliminary plans and estimate to the City of Yakima for presentation
to the Legislature.
TASK B - CONCEPTUAL, DIAGRAMMATIC PLAN OF PEDESTRIAN CORRIDOR
1. Research availability of existing base map information of "A" Street from the historic block
to the Yakima Gateway Center showing existing curbs, pavement, buildings, businesses,
and vacant Tots .
2. Develop a scaled drawing base map for depicting the proposed pedestrian corridor
improvement.
3. Prepare a color diagrammatic (hand drawn, architectural style) Pedestrian Corridor plan
drawing reflecting proposed improvements. Size to be 24" x 36" or 30" x 42" depending
on appropriate scale.
4. Review the diagrammatic Pedestrian Corridor plan with the City of Yakima and other
Stakeholders. Revise as necessary.
5. Provide copies of the diagrammatic Pedestrian Corridor plan to the City of Yakima for
presentation to the Legislature.
6. Prepare preliminary project cost estimate including engineering to complete plans for
bidding, probable construction cost, and construction administration.
The following professional services work for this project (FINAL PLANS AND SPECIFICATIONS
AND SERVICES DURING CONSTRUCTION) is provided for information only at this time. The
scope and cost of FINAL PLANS AND SPECIFICATIONS AND SERVICES DURING CONSTRUC-
TION professional services are intended to be negotiated and incorporated into this agreement
by supplement/addendum at a later date with the mutual agreement of CITY and ENGINEER:
TASK C - FINAL PLANS AND SPECIFICATIONS
1. Perform field investigations and field surveying necessary to supplement existing pre -
design data for the design and final plans of identified improvements.
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2. On the basis of approved preliminary plans, perform the final design and prepare final
Plans and Specifications for bid call on the proposed work, as authorized by the CITY.
3. Furnish the CITY thirty (30) copies of the final Plans and Specifications for bidding and
construction.
4. Furnish to the CITY engineering data for and assist in the preparation of the required
documents so that the CITY may secure approval of such governmental authorities as
have jurisdiction over design criteria applicable to the Project.
5. Answer and supply such information as is requested by prospective bidders.
6. Prepare and issue addenda, if necessary.
7. Prepare the Engineer's Estimate of construction cost.
8. Attend bid opening and participate in the bid opening and evaluation process.
9. Prepare tabulation of all bids received by the CITY and review bidder's qualifications.
10. Make recommendation of construction contract award to the lowest responsible bidder.
TASK D - SERVICES DURING CONSTRUCTION
1. Furnish the field survey crew necessary to set horizontal and vertical control for the
improvements authorized for construction.
2. Furnish a qualified resident engineer who shall make construction observations and be on
the job at all times that significant work is in progress, whose duty shall be to provide
surveillance of project construction for substantial compliance with Plans and Specifica-
tions.
3. Prepare progress reports on the Project and file same with the CITY and provide monthly
progress estimates to the CITY.
4. Consult and advise the CITY during construction and make a final report of the completed
work.
5. Monitor the construction contractor's compliance with State labor standards.
6. Review Contractor's submission of samples and shop drawings, where applicable.
7. Recommend progress payments for the construction contractor to the CITY.
8. Prepare and submit proposed contract change orders when applicable.
9. Prepare and furnish reproducible record drawings of all completed work from as -built
drawings furnished by the CITY's construction contractor.
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EXHIBIT B
OLD NORTH YAKIMA NATIONAL HISTORIC DISTRICT
RENOVATION PROJECT
Professional Fees
Compensation for professional services will be on a time spent basis at the specific hourly rates
shown on Exhibit D, plus reimbursement for direct non -salary expenses.
The following spreadsheet shows the estimated time and expenses to perform design engineering,
plans, specifications, and estimate for this Project. The maximum amount of compensation to the
ENGINEER for this work will be $42,966.00. This maximum amount will not be exceeded without
the written agreement of the CITY and the ENGINEER.
PROJECT TITLE: OLD NORTH YAKIMA NATIONAL HISTORIC DISTRICT RENOVATION PROJECT
CLIENT CITY OF YAKIMA
JOB NUMBER. 04087
DATE. October 12, 2004
ENGINEER'S HOURLY ESTIMATE
TASK
NO
PROJECT TASK
Principal
Engineer
Licensed
Prof
Engineer
Licensed
Land
Surveyor
(;AU
Operator
2 -Man
Survey
Crew
Clerical
TOTAL
HRS
i ASK
DIRECT
COSTS
$123 1 $101
$94
$73
$135 I $49
PRELIMINARY PLAN PREPARATION 40%
1
Visit and Photograph Site
4
0
0
0
0
0
4
492.00
2
Investigate Basements, and
Utility Data
16
0
0
0
0
0
16
1,968.00
3
Review Existing info and Con-
ceptual Designs
8
0
0
0
0
0
8
984 00
4
Review Existing Conceptual
Estimate
8
0
0
0
0
0
8
984 00
5
Prepare Cover Sheet
4
0
0
4
0
0
8
784 00
6
Prepare Topog Survey Sheet
1
0
0
2
0
0
3
269 00
7
Prepare Overall Project Plan
Sheet
40
0
0
40
0
0
80
7,840 00
8
Prepare Enlarged Partial Site
Plan Sheet
24
0
0
40
0
0
64
5,872.00
9
Prepare Project Detail Sheet
12
0
0
16
0
0
28
2,644 00
10
Review Plans with City and
Front Street Association
8
0
0
0
0
0
8
984 00
11
Revise Plans
4
0
0
8
0
0
12
1,076 00
12
Prepare Preliminary Project
Cost Estimate
8
2
0
0
0
2
12
1,284 00
13
Provide Copies of Plans and
Estimate to City
2
0
0
4
0
4
10
734 00
Diagrammatic Pedestrian Corridor Plan
14
Research Existing Base Map
Information
4'
0 1 0
0
0
0
4
492.00
15
Develop Scale Drawing Base
Map
8
0 I
4
16
0
0
28
2,528.00
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TASK
NO
PROJECT TASK
Principal
Engineer
Licensed
Prof.
Engineer
Licensed
Land
Surveyor
CAU
Operator
2 -Man
Survey
Crew
Clerical
TOTAL
HRS
[ASK
DIRECT
COSTS
$123
i $101
$94
$73
$115
$49
16
Prepare Diagrammatic Plan
(JGM Landscape Architecture)
8
0
0
2
0
0
10
1,130 00
17
Review with City and Others
4
0
0
0
0
0
4
492.00
18
Revise Plan
2
0
0
0
0
0
2
246.00
19
Provide Copies of Plan to City
1
0
0
0
0
0
1
123.00
20
Prepare Preliminary Project
Cost Estimate
8
2
0
4
0
0
14
1,478 00
Labor Subtotal
174
4
4
136
0
6
324
32,404 00
EXPENSES.
hours
$/hr
Computers:
0 00
Travel:
Cost/
Unit
Air Trips
Ground
Trp.
Days
Trip
Miles
Air Travel
$0.00
0 00
Mileage
$0.32
0 00
Meals/Lodging
$0.00
0 00
Misc. expenses:
FAX
0 00
TELEPHONE
0 00
POSTAGE
0 00
OUTSIDE PRINTING
�
500 00
SUB -CONSULTANTS.
JGM Landscape Architects
6,100.00
x 1 1
6,710.00
Subtotal - Labor
$32,404 00
Subtotal - Expenses
$500.00
Subtotal - Subconsultants
$6,710 00
Contingency
$3,352.00
TOTAL - PRELIMINARY PLAN AND ESTIMATE
$42,966.00
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Site Plaii
Old North Yakima National Historic Dish ict fienovahoo
OLD NORTH YAKIMA
HISTORIC RENOVATION PROJECT
410,1111,
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FIRST
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4/15/04
f01.1114 33301 VIII AVENUE SOLID
FEDERAL WAY. WASHINGTON
Pif RE11/0 M44 I 101103.2600
yam. (2061471.2370
1110, FAX (2011)431 200 -.- .....
- - --
127)04
NOT TO SCALE
EXHIBIT "D"
SCHEDULE OF SPECIFIC HOURLY 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
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EXHIBIT "D"
SCHEDULE OF SPECIFIC HOURLY 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
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. i0
For Meeting of: October 19, 2004
ITEM TITLE: Consideration of a Resolution authorizing an agreement for preliminary
engineering services for the Old North Yakima National Historic District
Renovation Project
SUBMITTED BY: Chris Waarvick, Director of Public Works
CONTACT PERSON/TELEPHONE: Chris Waarvick, Director of Public Works, 576-6411
SUMMARY EXPLANATION:
The attached resolution authorizes execution of a Professional Services Agreement with Huibregtse,
Louman Associates, Inc. for preliminary engineering services for public works investment in the Old
North Yakima National Historic District Renovation Project.
This design element is anticipated to not exceed $42,966. The funding source is Central Business District
Capital fund (321). The . ro'ect also includes coneteal develo . merit for the "A" Street Pedestrian wa
as perceived and envisioned by members of the community.
These engineering services are intended to provide a work product equivalent to 40% design completion
of the public "curb to building face" improvements m the Old North Yakima area. This will be packaged
and used by our local electeds in the State Legislature to support an economic development grant
request for the estimated $850,000 worth of public improvements in this phase of the project, such as
sidewalk replacement, period lighting and other theme compatible public amenities. While not a
guarantee, the remaining design funds would then come from a successful grant request from the 2005
Legislative Session. This investment further demonstrates the City's intent and commitment to this
project.
Resolution X Ordinance Other (Specify) Contract
Funding Source: Central Bus" District Capital fund (321) $42,966
APPROVED FOR SUBMI 1" I AL:
City Manager
STAFF RECOMMENDATION: Staff respectfully requests the City Council to adopt the resolution
authorizing execution of the Professional Services Agreement with Huibregtse, Louman
Associates, Inc. for the Old North Yakima National Historic District Renovation Project.
BOARD/COMMISSION RECOMMENDATION: The City Council Economic Development
Committee endorses staffs recommendation that the City Council adopt the resolution authorizing
execution of the Professional Services Agreement with Huibregtse, Louman Associates, Inc. for the Old
North Yakima National Historic District Renovation Project.
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2004-162