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HomeMy WebLinkAbout2791 ORIGINAL 1 RESOLUTION NO 2 7 9 1 2' 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A 4 TECHNICAL SERVICES AGREEMENT BETWEEN THE CITY OF AUBURN AND H L YOH COMPANY TO PROCURE TEMPORARY STAFF THROUGH THE END OF 5 1997 6 7 WHEREAS, the City of Auburn currently has in effect an 8 agreement with H L YOH COMPANY, for procuring temporary 9 employees; and 10 WHEREAS, the Engineering Division has prepared a work 11 load forecast for 1997; and 12 13 WHEREAS, the current work load for Engineering Division 14 cannot be accomplished with authorized City staff ; and 15 WHEREAS, the work load is project related and is expected 16 to fluctuate during this budget year; and 17 WHEREAS, the City has need to continue the use of 18 19 temporary personnel to meet current and projected work loads 20 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 21 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 22 RESOLVES THAT 23 24 25 26 Resolution No 2791 November 22, 1996 Page 1 1 Section 1 . The Mayor and City Clerk of the City of 2 Auburn are herewith authorized to execute a Technical Services 3 4 Agreement between the City of Auburn and H L YOH COMPANY, to 5 procure temporary staff through the end of 1997 A copy of 6 said Agreement is attached hereto and denominated Exhibit "A" 7 and incorporated herein 8 Section 2 . The Mayor is hereby authorized to implement 9 10 such administrative procedures as may be necessary to carry 11 out the directives of this legislation 12 13 DATED and SIGNED this 2nd day of December, 1996 14 15 CITY OF AUBURN 16 17 18 (164' ) od, CHARLES A BOOTH 19 MAYOR 20 21 22 23 24 25 26 Resolution No 2791 November 22, 1996 Page 2 1 ATTEST 2 3 5 Robin Wohlhueter, City Clerk 6 7 8 APPROVED AS TO FORM 9 ]0 I , \� 11 Michael J Reynolds, 12 City Attorney 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Resolution No 2791 November 22, 1996 Page 3 1110h H L YOH COMPANY H. L. Yoh Company Standard Contractual Terms and Conditions Listed below are the H. L. YOH COMPANY'S Standard Terms & Conditions. They shall be considered a part of any agreement entered with the client. These Terms and Conditions are usually acceptable to our clients. However, in some instances corporate policies may conflict. If this occurs, YOH will be glad to discuss any questionable item with the client to arrive at an equitable agreement. 1 It is understood and agreed that assigned employees will be offered the client's standard work week (number of hours)to perform their duties. 2. Should there be any overtime, we will invoice you at the overtime rate for all hours worked in excess of forty (40) hours in any one week. (For all non-exempt employees) 3. When applicable, a per diem allowance will apply for any assigned employee residing beyond fifty (50) miles from client's facility 4. All billings will be issued weekly and terms of payment are net ten (10) days on receipt of invoice. A 1.5% per month interest charge will incur on invoices over 30 days. 5. YOH provides the required insurance coverage of our employees while working on your premises. When requested, a Certificate of Insurance will be submitted to you indicating the full extent of our coverage. 6. The overhead, profit, and labor rate factors that comprise that proposed hourly billing rates (other than item 3 above) cover the entire cost of YOH'S services to you, including expense of maintaining proper payroll and accounting records, worker's compensation insurance, federal and state unemployment insurance all statutory taxes, and any other overhead expense incurred by the Company 7 No billing shall be issued for time lost by our employees because of illness or any other personal reason. 8. All reproductions and materials other than those quoted, necessary to complete all tasks will be billed at cost. 9 In furtherance of the particular requirements of the client, it is acknowledged and agreed by the parties that any and all personnel assigned to the client by H. L. YOH COMPANY are subject to the direct control and supervision of the client. H. L. YOH COMPANY'S obligations thereunder relate solely to the assignment of personnel and the payments provided for herein are based solely on the value thereof H. L. YOH COMPANY shall have no responsibility of liability for and acts or omissions committed by the personnel in the performance of their assignment for the client or for their work product. The client shall indemnify, defend and hold H. L. YOH COMPANY harmless against any claims, losses, liabilities, or damages (and reasonable expenses related thereto, including reasonable attorney's fees and expenses of defense, and investigation) arising from or in connection with any acts or omissions or alleged acts or alleged omissions of the work product of the personnel assigned thereunder 130 ANDOVER PARK EAST #304, SEATTLE WA 98188 (206)431-7932/(206)431-7937 FAX EXHIBIT "A" - RESOLUTION NO 2791 ADOPTED DECEMBER 2, 1996 gob H .YOH COMPANY 10 No contractor may go permanent at client facility without prior written agreement from H. L. YOH COMPANY within six (6) months of consecutive employment. If CLIENT wants contractor to go direct before this waiting period, a fee based on the annual salary of said contractor will be assessed at 20% of annual salary 11 The YOH COMPANY'S responsibility under any agreement to provide services is to exert the best effort possible to carry out the task scope as defined. In doing so, the YOH COMPANY shall in all respects be guided by such instructions as may from time to time, be given by the client. All work performed is subject to the clients direction and responsibility 12. YOH currently has an Affirmative Action Program in the corporation and YOH will comply with all of the Rules and Regulations of the President's Committee on Equal Employment Opportunity 13. If, subsequent to execution of this contract, and legislation enacted by a government entity increases the taxes or costs imposed on H. L. YOH COMPANY in the performance of the contract, client agrees to be responsible for such increase. 14 Any H. L. YOH employee can be terminated by the client at any time. 15. This agreement shall run from January 1, 1997 to December 31, 1997 16. H. L. YOH COMPANY agrees to pay all costs associated with personnel including but not limited to L&I, unemployment, social security, federal withholding and shall indemnify and hold harmless client, City of Auburn and it's officials, employees and agents from any costs including the above named in addition to the hourly rates set forth in Attachment A including client attorney fees and costs. We agree to the Terms and Conditions set forth in the H. L. YOH COMPANY Contractual Terms and Conditions. y cg, DATED THIS �( '' DAY OF JANUARY 997 y6 CUSTOMER CITY OF AUBURN fl \ BY \ -Nub,- S - 2' TITLE. Charles A. Booth, Mayor of Aubum AT/TEST // �j /I / - , /� Xja - `�^�'eXtr -OC H. L. YOH COMPANY City Clerk , (APPROVED-AS TO'FORM. BY lt,c/k # /1 ITLE. Mark LVJohnson, District Manager City Attorney ✓� 130 ANDOVER PARK EAST #304, SEATTLE WA 98188 (206)431-7932/(206)431-7937 FAX EXHIBIT "A" - RESOLUTION NO 2791 ADOPTED DECEMBER 2, 1996 iiiil1 H L YOH COMPANY Attachment A This attachment covers a range of rates for some of the job descriptions H.L Yoh Company has recruited for at the City of Auburn Public Works Department This list is not all inclusive of the type of people and job descriptions we can provide for. Inspectors - Civil, Building, Mechanical, Environmental, etc. Rates: $25-$45 per hour. Special certifications required may influence rate Engineers - Civil, Structural, Mechanical, Electrical, Construction, Environmental, etc. Rates: $33-$70 per hour Engineering Aides - All disciplines Rates: $15-$25 Right of Way Negotiators Rates: $40-$50 plus expenses Cad Technicians - AutoCad, Intergraph, Arclnfo, and other systems Rates: $23-$35 per hour Technical writers - All disciplines Rates: $25-$45 Computer Professionals Rates will vary according to applications, software, hardware, etc Please call with specifics for a rate quote Clerical Staff Rates $11-$25 Please note that this rate sheet covers our normal range of rates for straight time hours For special licensing or requirements rates may vary EXHIBIT "A" - RESOLUTION NO 2791 ADOPTED DECEMBER 2, 1996 ACOI;ne CERTIFICATE OF INSURANCE ISSUE DATE(MM/DD/YY) n 6/27/96 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE Alexander & Alexander Inc DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE . POLICIES BELOW One Liberty Place, Suite 1000 COMPANIES AFFORDING COVERAGE Philadelphia, PA 19103 Attn COMPANY A LETTER National Union Fire Ins Co of Pitt DZYOH01-AUBUR COMPANY B INSURED LETTER Insurance Company of the State of Pa H L YOH COMPANY COMPANY C 1818 MARKET STREET LETTER PHILADELPHIA, PA 19103 COMPANY D LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS ILTR DATE(MM/DD/YY) DATE NM/CRONY) I,GENERAL LIABILITY I BODILY INJURY(MC S hACOMPREHENSIVE FORM RMGL1437636 7/01/96 7/01/97 'BODILY INJURY AGG S Id PREMISES/OPERATIONS PROPERTY DAMAGE OCC IS I X EXPLOSION&COLLAPSE HAZARD PROPERTY DAMAGE AGG S PRODUCTS/COMPLETED OPER BI&PD COMBINED OCC I S 1, 000, 000 =CONTRACTUAL BI&PD COMBINED AGG $ NONE INDEPENDENT CONTRACTORS PERSONAL INJURY AGG. 5 1, 000, 000 BROAD FORM PROPERTY DAMAGE Products Occ . 1, 000, 000 1 X PERSONAL INJURY (Products Aqq. 1, 000, 000 I AUTOMOBILE LIABILITY BODILY INJURY ANY AUTO (Per person) A ALL OWNED AUTOS (Priv.Pass ) RMCA1438651 7/01/96 7/01/97 BODILY INJURY ALL OWNED AUTOS (OtherThsn RMCA1438653 (Per accident Pnv.Paha I HIRED AUTOS RMCA14 3 8 6 5 2 TX PROPERTY DAMAGE 5 NON.OW NED AUTOS BODILY INJURY& GARAGE LIABILITY PROPERTY DAMAGE $ COMBINED 1, 000, 000 I EXCESS LIABILITY EACH OCCURRENCE 5 UMBRELLA FORM IAGGREGATE I5 OTHER THAN UMBRELLA FORM A RMWC1131619 7/01/96 7/01/97 IX I STATUTORYUMITS WORKER'S COMPENSATION RMWC 11316 2 0 EACH ACCIDENT 5 1, 000 , 000 AND A RMWC1131622 DISEASE-POLICY LIMIT $ 1, 000 , 000 EMPLOYERS'LIABILITY DISEASE-EACH EMPLOYEE S 1, 000 r 0 0 0 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF AUBURN MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CAROLINE BERGT LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 25 WEST MAIN AUBURN, WA 98001-4998 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Alexander & Alexander Inc. ACORD25(7{90) OACORD CORPORATION 1090 77 n CITY OF AUBURN INTEROFFICE MEMORANDUM TO Shelly Werner, Employment Manager FROM. Robin Wohlhueter, City Clerk SUBJECT Resolution No 2791 Technical Services Agreement between the City and H. L. Yoh Company DATE. January 2, 1997 The Auburn City Council adopted Resolution No 2791 on December 2, 1996 authorizing an Agreement between the City and H L. Yoh Company to procure temporary design and construction-inspection staff through the end of 1997 Attached is a copy of Resolution No 2791 together with two (2) fully executed duplicate original Agreements (You will note that City Attorney Reynolds declined to sign the Agreements.) Please retain one original for your files and transmit the other to H L. Yoh Company I have retained a third duplicate original for filing with Resolution No 2791 Thank you for your assistance. RW.dd Attachment File A4 5.2 f'\clerk\cont\RES2791 RECORDS MANAGEMENT Ordinance No. Resolution No. a 7 ? / Date Adopted/1- Copies to: 1 ) Department Contact(s) /,// Finance Department /0/7244-c (Copy if relates to fees, charges, or any accou ing responsibility) 2.) Code Book: 3 ) Recording File. 4 ) Citizen Requests. NAME Address cc: City Clerk ;ttyop CHARLES A.BOOTH,MAYOR ' AUBURN CITY CLERK Robin Wohlhueter,City Clerk 25 West Main, Auburn,WA 98001 Dam Daskam,Deputy City Clerk City Clerk.(206)931-3039 Tamie Bothell,Records/License Clerk Business Registration:(206)931-3007 Fax:(206)931-3053 ashine STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No 2791 of the resolutions of the City of Auburn, entitled "RESOLUTION NO " I certify that said Resolution No 2791 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 2nd day of December, 1996 Witness my� ) ` hand and the seal,of the City of Auburn this 17th day of January, 1997 � p Robin Wohlhueter City Clerk City of Auburn