HomeMy WebLinkAbout04/01/2008 10 Civil Design Review Agreement with Huibregtse, Louman Associates RE: Wal-mart's Required Improvements BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. C0
For Meeting of April 1, 2008
ITEM TITLE: A Resolution authorizing the City Manager to execute a Professional
Services Agreement with Huibregtse, Louman Associates, Inc., in an
amount not to exceed $ 15,000.00 to perform civil design review for
Wal-mart's required improvements to Nob Hill Blvd., along with Wal-
mart's frontage improvements.
SUBMITTED BY: William Cook, Director of Community & Economic Development
CONTACT PERSON /TELEPHONE: Brett H. Sheffield, P.E., Chief Engineer 576 -6797
SUMMARY EXPLANATION:
Wal -mart will be submitting their plans for their proposed West Valley store later this week. Part of this
submittal will include the civil plans for the improvements they are required to make to Nob Hill Boulevard,
along with their frontage improvements. Due to the current work load of the Development Engineer, and the
quick tumaround that Wal -mart will expect, we would like to contract with HLA to perform this review.
The attached resolution authorizes the City Manager to execute the attached Professional Surveying
Services Agreement with Huibregtse, Louman Associates, Inc. to perform the civil plan review for the new
Wal -mart store development. The attached agreement identifies the tasks and estimated costs for
performing the civil plan review, not to exceed $15,000.00.
Resolution XX Ordinance Contract XX Other (Specify)
Funding Source: Engineering 041 -410 / plan review fees paid by Wal -mart
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt the resolution
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: Recommended for full Council consideration
by the Council Transportation Committee Chairman Neil McClure.
COUNCIL ACTION:
RESOLUTION NO. R - 2008 -
• A RESOLUTION authorizing and directing the City Manager and City
Clerk of the City of Yakima to execute a professional
services agreement in an amount not to exceed
$15,000.00 for civil plan review of the WaI -mart
development.
WHEREAS, the review of public works improvements is required
to be performed under the direction of the City Engineer prior to
construction; and
WHEREAS, the City maintains a roster of consultants whose
statements of qualifications represent that they have the expertise
necessary to perform the services required by the City; and,
WHEREAS, the City Council has determined that it is in the best
interest of the City to enter into a professional services agreement with a
consultant selected from the roster for such expertise; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA:
The City Manager and City Clerk of the City of Yakima are authorized
and directed to execute a professional services agreement in amount
not to exceed $15,000.00 for the review of civil plans for the WaI -mart
development, a copy of which agreement is attached hereto and by
reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this day of
2008.
David Edler, Mayor
ATTEST:
City Clerk
•
PROFESSIONAL
• SERVICES AGREEMENT
THIS PROFESSIONAL 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. a
Washington Corporation licensed to do business in Washington (hereinafter the
"Engineer ").
WHEREAS, the City of Yakima desires to engage the Engineer to perform
professional engineering services for the review of civil plans for the Wal -mart
development in West Valley.
WHEREAS, the Engineer has the experience and expertise necessary to provide
said independent engineering 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 the Engineer as
follows:
1. Scope of Services. The Engineer shall perform a review of the civil engineering
plans submitted by Wal -mart for the improvements Wal -mart is required to make to Nob
. Hill Boulevard, and the frontage improvements Wal -mart is required to make on their
property. The scope of services is described in more detail in attached and incorporated
Exhibit "A."
2. Term. The term of this Agreement shall commence upon execution hereof and
shall terminate at midnight of December 31, 2008, or when the services authorized under
this Agreement are completed, whichever occurs first, unless terminated sooner by either
party in accordance with Section 18. The Engineer shall proceed in a timely and diligent
manner to provide all services required hereunder.
3. Consideration. The City shall pay the Engineer for services rendered hereunder
in accordance with the payment schedule set forth in attached and incorporated Exhibit
"B and Exhibit "C ". Unless this Agreement is otherwise modified by the parties, the total
compensation paid to the Engineer for all services provided under this Agreement shall
not exceed $15,000. The Engineer 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 Engineer within thirty (30) calendar days; provided,
however, that all payments are expressly conditioned upon the Engineer's providing
services that are satisfactory to the City. The Engineer shall maintain adequate files and
records to substantiate all amounts itemized on the monthly invoices. In the event that
either party exercises its right to terminate this Agreement in accordance with Section 18,
the Engineer shall be compensated in accordance with the above terms for all satisfactory
410 services provided to the City up to the effective Agreement termination date.
4. Information Provided by the City. The Engineer 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 Engineer.
5. Status of Engineer. The Engineer and the City understand and expressly agree
that the Engineer is an independent contractor in the performance of each and every part
of this Agreement. No officer, employee, volunteer, and/or agent of Engineer shall act on
behalf of or represent him or herself as an agent or representative of the City. The
Engineer, as an independent contractor, assumes the entire responsibility for carrying out
and accomplishing the services required under this Agreement. The Engineer expressly
represents, warrants and agrees that its status as an independent contractor in the
performance of the work and services required under this Agreement is consistent with
and meets the six -part independent contractor test set forth in RCW 51.08.195. The
Engineer 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
the Engineer and the City.
6. Inspection and Audit. The Engineer 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 the Washington State Auditor at all reasonable times, and the Engineer 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 the Washington State Auditor where
necessary to conduct or document an audit. The Engineer 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. The Engineer shall be solely responsible for
compensating its 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, the Engineer shall pay the same before it becomes due.
8. Nondiscrimination Provision. During the performance of this Agreement, the
Engineer shall not discriminate on the basis of race, age, color, sex, religion, national
origin, creed, marital status, political affiliation, or the presence of any sensory, mental or
physical handicap. This provision shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment, advertising, layoff or •
termination, rates of pay or other forms of compensation, selection for training, and the
• provision of services under this Agreement.
9. The Americans with Disabilities Act. The Engineer 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. The Engineer agrees to perform those services under and
pursuant to this Agreement in full compliance with any and all applicable laws, rules, and
regulations adopted or promulgated by any governmental agency or regulatory body,
whether federal, state, local, or otherwise.
11. No Conflict of Interest. Engineer covenants that neither it nor its employees
have any interest and shall not hereafter acquire any interest, direct or indirect, which
would conflict in any manner or degree with the performance of this Agreement. The
Engineer further covenants that it will not hire anyone or any entity having such a
conflict of interest during the performance of this Agreement.
12. No Insurance. It is understood the City does not maintain liability insurance for
• the Engineer and its officers, directors, employees and agents.
13. Indemnification.
a. The Engineer agrees to hold harmless and indemnify the City, its elected
officials, officers, employees, and agents from and against any and all suits, actions,
claims, liability, damages, judgments, costs of defense and expenses (including
reasonable attorney's fees) which result from or arise out of the negligence of the
Engineer, its officers, agents, employees or subcontractors in connection with or
incidental to the performance or non - performance of this Agreement.
b. The City agrees to hold harmless and indemnify the Engineer, its officers,
employees, and agents, from and against any and all suits, actions, claims, liability,
damages, judgments, costs of defense and expenses (including reasonable attorney's fees)
which result from or arise out of the negligence of the City, its officers, agents,
employees or subcontractors, in connection with or incidental to the performance or non-
performance of this Agreement.
c. In the event that both the Engineer and the City are negligent, each party shall
be liable for its contributory share of negligence for any resulting suits, actions, claims,
liability, damages, judgments, costs and expenses (including reasonable attorney's fees).
d. The foregoing indemnity is specifically and expressly intended to constitute a
waiver of the Engineer's immunity under Washington's Industrial Insurance Act, RCW
Title 51, as respects the other party only, and only to the extent, necessary to provide the
• indemnified party with a full and complete indemnity of claims made by the Engineer's
employees. The parties acknowledge that these provisions were specifically negotiated
and agreed upon by them.
e. Nothing contained in this Section or this Agreement shall be construed to
create a liability or a right of indemnification in any third party.
f. This Section of the Agreement shall survive the term or expiration of this
Agreement and shall be binding on the parties to this Agreement.
14. Insurance Provided by Engineer.
a. Professional Liability Insurance. On or before the date this Agreement is fully
executed by the parties, the Engineer shall provide the City with a certificate of insurance
as evidence of professional liability coverage with a limit of at least One Million Dollars
($1,000,000.00) for each wrongful act and an annual aggregate limit of at least One
Million Dollars ($1,000,000.00). 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. The insurance shall be with an insurance company rated A -VII or higher in
Best's Guide. If the policy is on a claims made basis, the retroactive date of the
insurance policy shall be on or before the date this contract is executed by both parties
hereto, or shall provide full prior acts coverage. The insurance coverage or substantially
identical coverage sufficient to fully satisfy these requirements shall remain in effect
during the term of this Agreement and for a minimum of three (3) years following the
termination of this Agreement.
b. Commercial Liability Insurance. On or before the date this Agreement is fully
executed by the parties, the Engineer 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. 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 as to this
project only 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.
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. Commercial Automobile Liability Insurance. On or before the date this
Agreement is fully executed by the parties, the Engineer 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. 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 as to this project only 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. 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.
d. Insurance Provided by Subcontractors. The Engineer shall ensure that all
subcontractors it utilizes for work/services required under this Agreement shall comply
with all of the above insurance requirements.
15. Delegation of Professional Services. The services provided for herein shall be
performed by the Engineer, and no person other than regular associates or employees of
the Engineer shall be engaged upon such work or services except upon written approval
of the City.
16. Assignment. This Agreement, or any interest herein or claim hereunder, shall not
be assigned or transferred in whole or in part by the Engineer to any other person or
entity without the prior written consent of the City. In the event that such prior written
consent to an assignment is granted, then the assignee shall assume all duties, obligations,
and liabilities of the Engineer stated herein.
17. Waiver of Breach. A waiver by either party hereto of a breach by 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.
18. Termination. Either party may terminate this Agreement at any time, with or
without cause, by providing the other party with written notice of termination ten (10)
calendar days prior to the termination date.
19. 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.
20. 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: Brett H. Sheffield, P.E.
Chief Engineer
129 North Second Street
Yakima, WA 98901
TO ENGINEER: Jeffrey T. Louman, P.E., President
Huibretgse, Louman Assoicates, Inc.
801 North 39 Avenue
Yakima, WA 98902
410
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.
21. Third Parties. The City and the Engineer 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.
22. Drafting of Agreement. Both the City and the Engineer 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.
23. Integration. This written document constitutes the entire Agreement between the
City and the Engineer. There are no other oral or written agreements between the parties
as to the subjects covered herein. No changes or additions to this Agreement shall be
valid or binding upon either party unless such change or addition be in writing and
executed by both parties.
24. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
•
25. Venue. The venue for any action to enforce or interpret this Agreement shall lie
in the Superior Court of Washington for Yakima County, Washington.
•
26. Counterparts. This Agreement may be executed in one or more counterparts,
• each of which shall be deemed an original, but all of which shall constitute one and the
same Agreement.
CITY OF YAKIMA HUIBRETGSE,LOUMAN
ASSOICATES, INC.,
a Washington Corporation
By: By:
R. A. Zais, Jr., City Manager Jeffrey T. Louman, PE
President
Date: Date:
ATTEST:
City Clerk
• City Contract No.
City Resolution No.
•
EXHIBIT A
CITY OF YAKIMA — PLAN REVIEW FOR NOB HILL BOULEVARD IMPROVEMENTS
SCOPE OF WORK
During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection
with the following project:
City of Yakima — Plan Review for Nob Hill Boulevard Improvements
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 indicated hereinafter. The work to be
performed involves reviewing plans and specifications prepared for certain improvements to Nob Hill
Boulevard, as prepared by the engineering consultant for Wal -Mart Corporation.
1. PLAN REVIEW
A. Perform review of the construction plans and specifications (construction documents) for
Nob Hill Boulevard, as submitted by the engineering consultant for Wall -Mart
Corporation.
B. The submitted construction documents shall be reviewed for compliance with City of
Yakima construction standards for road construction including layout, lanes, roadway
width, striping, roadway cross - section, curb, gutter, sidewalk, street lighting, and storm
drainage treatment and disposal.
C. The submitted construction documents shall be reviewed for compliance with
requirements set forth in the Development Agreement between the City of Yakima and
the Wal -Mart Corporation for Nob Hill Boulevard improvements.
D. The Engineer will provide a written memo to the City Representative of initial review
findings and questions pertaining to the Development Agreement and the submitted
construction documents. Engineer will meet with the City to discuss these issues if
requested. The City will provide clarification and direction for further review (See Article
3.4 of this Agreement).
E. First Review: Provide red -line marked up construction documents and a written memo of
review comments to the engineering consultant and the City of Yakima. The first review
comments will be transmitted within fourteen calendar days after receipt of the initial
submittal of construction documents from the City of Yakima. This time is subject to
timely receipt of any clarifications and direction as discussed in Item D above.
F. Second Review: Upon receipt of the revised construction documents from the
engineering consultant, back -check the revised documents with the first red -lined review
comments to determine if the revisions have been made. Furnish to the engineering
consultant and the City of Yakima any remaining or new red -line comments and a second
written memo. The second review comments will be transmitted within ten calendar days
after receipt of the revised construction documents.
G. When all red -lines and review comments have been made, make written
recommendation to the City of Yakima Project Representative, that the plans meet the •
City of Yakima construction standards and the requirements of the Development
Agreement.
H. The City of Yakima will stamp or otherwise mark the original construction documents as
subsequently provided by the engineering consultant as "approved" or "acceptable for
construction ". •
•
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EXHIBIT B
• CITY OF YAKIMA — PLAN REVIEW FOR NOB HILL BOULEVARD IMPROVEMENTS
Professional Fees •
Compensation for professional services will be on a time spent basis at the specific hourly rates shown on
Exhibit C, plus reimbursement for direct non -salary expenses.
The following spreadsheet shows the estimated time and expenses to perform professional services for
this work. The estimated amount of compensation to the ENGINEER for this work will be $14,905.00.
This estimated amount will not be exceeded without the written agreement of the CITY and the
ENGINEER.
PROJECT TITLE: • CITY OF YAKIMA — PLAN REVIEW FOR NOB HILL BOULEVARD IMPROVEMENTS
CLIENT: CITY OF YAKIMA •
JOB NUMBER: 08 -- Huibregtse, Louman Associates, Inc.
DATE: March 31, 2008 ENGINEER'S HOURLY ESTIMATE
Licensed Principal 2 -Man Word
Principal Enroneer Land Te hnDcian Survey Processing TOTAL TASK
TASK PROJECT TASK Engineer g Surveyor Party Technician HRS DIRECT
NO COSTS
$141 $97 $131 $85 $155 $57
Plan Review
A Review for City Standards 16 4 0 0 0 0 20 - 2,644.00
• B Review for Comp. w/Dev Agr. 40 0 4 0 0 0 44 6,164.00
C First Red Line Comments 8 2 0 0 0 2 12 1,436.00
D Check Revised Plans 16 4 0 0 0 0 20 2,644.00
E Second Comments 8 0 0 0 0 2 10 1,242.00
F Final Recommendation . 4 1 0 0 0 2 7 775.00
Labor Subtotal 92 11 4 0 0 6 113 $14,905.00
EXPENSES: hours $/hr
Computers: 0.00
Travel: Cost/ Air Trips Ground Days Trip .
• Unit Trp. Miles
Air Travel $0.00 0.00
Page 14
PROJECT TITLE: CITY OF YAKIMA — PLAN REVIEW FOR NOB HILL BOULEVARD IMPROVEMENTS
CLIENT: CITY OF YAKIMA •
Mileage $0.34 0.00
Meals /Lodging $0.00 0.00
•
Misc. expenses:
ADVERTISEMENT 00.00
FAX 00.00
TELEPHONE 00.00
POSTAGE 00.00
OUTSIDE PRINTING 00.00
SUB - CONSULTANTS:
1. NONE ANTICIPATED x 1.1 0.00
Subtotal - Labor $14,905.00
Subtotal - Expenses 0.00
Subtotal - Subconsultants 0.00
Total - DESIGN AND FINAL PLANS AND SPECIFICATIONS $14,905.00
•
•
Page 15
• EXHIBIT "C"
SCHEDULE OF RATES
FOR •
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
(January 1, 2008, Through December 31, 2008)
Licensed Principal Engineer $141.00 per hour
Licensed Principal Land Surveyor $131.00 per hour
•
Licensed Professional Engineer $117.00 per hour
Licensed Professional Land Surveyor $108.00 per hour
Project Engineer $97.00 per hour
CAD Technician $85.00 per hour
Resident Engineer /Inspector $81.00 per hour
Surveyor $81.00 per hour
Senior Engineering Technician $81.00 per hour
Engineering Technician $57.00 per hour
Word Processing Technician $57.00 per hour
Two Man Survey Party $155.00 per hour
Three Man Survey Party $202.00 per hour
Vehicle Mileage $0.35 per mile
Global Positioning Survey System Fee $77.00 per hour
r
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EXHIBIT "C"
SCHEDULE OF RATES
FOR
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
(January 1, 2009, Through December 31, 2009)
Licensed Principal Engineer $148.00 per hour
Licensed Principal Land Surveyor $136.00 per hour
Licensed Professional Engineer $123.00 per hour
Licensed Professional Land Surveyor $112.00 per hour
Project Engineer $101.00 per hour
CAD Technician $89.00 .per hour
Resident Engineer /Inspector $84.00 per hour
Surveyor $84.00 per hour
Senior Engineering Technician $84.00 per hour
Engineering Technician $59.00 per hour
•• Word Processing Technician $59.00 per hour •
•
Two Man Survey Party $161.00 per hour
•
Three Man Survey Party $210.00 per hour
Vehicle Mileage $0.40 per mile
Global Positioning Survey System Fee . $78.00 per hour
•
411
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