HomeMy WebLinkAboutR-2000-106 Huibregtse Louman & Associates Agreement / Sewer Interceptor Extension / Ahtanum Trunk Line / Apple Tree DevelopmentRESOLUTION NO. R-2000- los
A RESOLUTION authorizing and directing the City Manager of the City
of Yakima to execute an agreement with Huibregtse,
Louman, & Associates (HLA), a civil engineering firm,
for the design and construction of the Apple Tree Sewer
Extension plans for the City of Yakima.
WHEREAS, the City of Yakima desires to extend sewer service
mainline to the Apple Tree Development; and
WHEREAS, the City requires professional civil engineering
services to prepare plans, specifications, and estimates for the construction
of the sewer mainline extension; and
WHEREAS, the City of does not have the staffing levels necessary
to provide said civil engineering services; and
WHEREAS, the Yakima City Council deems it to be in the best
interest of the City that the attached agreement document be executed by
the City of Yakima, accordingly; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA:
The City Manager of the City of Yakima is hereby authorized and
directed to execute an agreement with Huibregtse, Louman, & Associates,
Inc. (HLA) for the purpose mentioned above, a copy of which agreement is
attached hereto and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 5th day of SEPTEMBER, 2000.
ATTEST:
A TING City Clerk
August 10, 2000
Mary ace, Mayor
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT entered into this .7th day of (S-,v78,lX) , 2000, by the CITY OF
YAKIMA, 129 North Second Street, Yakima, WA 98901, hereinafter called the CITY, and
HUIBREGTSE, LOUMAN ASSOCIATES, INC., 801 North 39th Avenue, Yakima, WA 98902,
hereinafter called the ENGINEER,
WHEREAS, it would be beneficial to the CITY to utilize the ENGINEER as an independent entity
to accomplish the Scope of Work as set forth herein and such endeavor would best accomplish the
objectives of the Project,
WITNESSETH: That in consideration of the mutual covenants and agreements herein contained,
the parties hereto do mutually agree as follows:
1 ENGAGEMENT OF ENGINEER: The CITY, acting pursuant to its vested authority, does
hereby hire the ENGINEER and the ENGINEER agrees to perform professional engineering
and surveying services in connection with the proposed Ahtanum Trunk Sewer Extension
(Apple Tree Sewer Extension) for the City of Yakima. The City Council of the City of Yakima
at its meeting ofc;iep7 , , 2000, authorized the City Manager to sign this
Agreement for Professional Services. City Manager Richard A. Zais, Jr , or designated
representative, will act as the liaison for the CITY, and Mr. William L. Huibregtse will act as
liaison for the ENGINEER for administration of this Agreement. This Agreement for Profes-
sional Services can only be amended or revised by the written agreement of both parties.
The relationship of the ENGINEER to the CITY shall be that of an independent ENGINEER
rendering professional services. The ENGINEER shall have no authority to execute contracts
or to make commitments on behalf of the CITY and nothing contained herein shall be deemed
to create the relationship of employer and employee or principal and agent between the CITY
and the ENGINEER.
2. CHARACTER AND EXTENT OF SERVICES: The ENGINEER shall perform certain
professional engineering and surveying services for the following described Ahtanum Trunk
Sewer Extension (Apple Tree Sewer Extension) Project:
Project is the design and construction of (A) the Ahtanum Trunk Sewer Line, beginning
along South 64th Avenue approximately 1,200 feet south of Washington Avenue; then
following South 64th Avenue south to Ahtanum Road; then following Ahtanum Road
west to South 86th Avenue; and (B) design and construction of a 10 -inch sewer along
South 86th Avenue north from Ahtanum Road to Occidental Avenue. The Ahtanum
Trunk Sewer Line is a necessary wastewater collection component to provide City
wastewater service to the Ahtanum Sub -Basin and has been identified in the Waste-
water Utility Capital Facilities section of the CITY's Capital Facilities Plan 1996-2001,
which is an element of the City Comprehensive Plan adopted pursuant to State Growth
Management Act requirements. A map of the Ahtanum Trunk Sewer Line is attached
as Exhibit A. Preliminary analysis by the City shows that the pipe size requirements
necessary for the Ahtanum Trunk Line to serve the Ahtanum Sub -Basin include 3,500
linear feet of 24 -inch pipe and 7,000 linear feet of 18 -inch pipe. Approximately 2,100
linear feet of 10 -inch pipe are required for the sewer line along South 86th Avenue. Final
pipe size requirements will be determined by sewer planning for the drainage basin as
determined by the CITY. The Project also includes manholes, related appurtenances,
and roadway restoration.
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PHASE I - DESIGN AND FINAL PLANS AND SPECIFICATIONS
a. Perform the field investigations and field surveying necessary to design the
Ahtanum Trunk Sewer Extension project in accordance with the intent of the
Agreement between the City of Yakima and the Apple Tree Partnership.
b. Supervise and perform subsurface explorations such as borings, soil tests, and
the like to assist in estimating foundation conditions.
c. Perform the preliminary design and present preliminary plans to the CITY prior to
detailing final Plans.
d. On the basis of approved preliminary plans, perform the final design and prepare
complete Plans and Specifications for bid call on the proposed work, as
authorized by the CITY.
e. Furnish the CITY a reproducible original of the final Plans and Specifications for
bidding and construction.
f. Furnish to the CITY engineering data for and assist in the preparation of the
required documents so the CITY may secure approval of such governmental
authorities as have jurisdiction over design criteria applicable to the Project.
g. Answer and supply such information as is requested by prospective bidders.
h. Prepare and issue addenda, if necessary.
i. Prepare the ENGINEER's Estimate of construction cost.
J•
Attend bid opening and participate in the bid opening and evaluation process.
k. Prepare tabulation of all bids received by the CITY and review bidder's qualifica-
tions.
I. Make recommendation of construction contract award to the lowest responsible
bidder.
PHASE II - SERVICES DURING CONSTRUCTION
a. Furnish the field survey crew necessary to set horizontal and vertical control for
the improvements authorized for construction, including alignment and offset
construction stakes.
b. Furnish a qualified resident engineer who shall make construction observations
and be on the job when significant work is in progress, whose duty shall be to
provide surveillance of project construction for substantial compliance with Plans
and Specifications.
c. Prepare periodic progress reports on the Project and file same with the CITY and
provide monthly progress estimates to the CITY.
d. Consult and advise the CITY during construction and make a final report of the
completed work.
e. Monitor the construction contractor's compliance with State equal employment
opportunity requirements and labor standards.
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f. Review Contractor's submission of samples and shop drawings, where applicable.
g. Recommend progress payments for the construction contractor(s) to the CITY.
h. Prepare and submit proposed contract change orders when applicable.
i. Prepare and furnish reproducible record drawings of all completed work from as -
built drawings furnished by the CITY's construction contractor.
PHASE III - ADDITIONAL SERVICES
a. Perform, at the CITY's option and direction, any other engineering, field surveying,
inspection, or management services required in addition to that provided above.
b. Prepare documents for alternate bids requested by the CITY for work which is not
executed.
c. Redesign the project in the event the final cost estimate or the lowest responsive
bid less deductive alternates exceeds the funds available.
3. ITEMS TO BE FURNISHED AND RESPONSIBILITY OF CITY: The CITY will provide 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
site of the Project including previous reports, drawings, plats, surveys, utility records,
and any other data relative to design and construction of the Project.
c. 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.
d. Advertise for hearings and proposals for bidders, open the proposals at the appointed
time and place, and pay for all costs incident thereto.
e. 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.
f. Print copies of the final plans and specifications and distribute to contractors,
subcontractors, suppliers, plan centers, government agencies, and others with interest
in this project.
Provide written direction to the ENGINEER, prior to beginning preliminary design
engineering, advising which project rights of way and easements are secured by the
CITY and are available for this project.
g.
4. COMPLETION TIMES: The services called for under the various phases of Section 2 of this
Agreement shall be completed as follows:
Phase I - Design and Final Plans and Specifications
Complete final plans, specifications, and cost estimates within ninety (90)
calendar days from the date of authorization to proceed.
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Phase II - Services During Construction:
Within the times mutually agreed upon by the CITY and the ENGINEER.
Estimated construction contract time for the project is one hundred eighty (180)
calendar days.
Phase III - Additional Services:
Within the times mutually agreed upon by the CITY and the ENGINEER.
5. PROFESSIONAL FEES: For the services furnished by the ENGINEER as described under
Section 2 of this Agreement, the CITY agrees to pay the ENGINEER the fees as set forth
herein:
Phase I - Design and Final Plans and Specifications:
Ahtanum Trunk Sewer Extension Project - The lump sum amount of $159,500.00.
This amount may not be increased or decreased without the written agreement
of both parties.
Phase II - Services During Construction:
According to Exhibit B - Schedule of Hourly Rates on a time spent basis plus
reimbursement for direct non -salary expenses such as materials testing, repro-
duction expenses, out of town travel costs, long distance telephone calls, and
outside consultants. The maximum amount payable by the CITY to the
ENGINEER for services provided under this Phase II shall not exceed
$172,900.00. This maximum amount may be increased only by the written
agreement of both parties.
Phase III - Additional Services:
According to Exhibit B - Schedule of Hourly Rates on a time spent basis plus
reimbursement for direct non -salary expenses such as laboratory testing,
reproduction expenses, out of town travel costs, long distance telephone calls,
and outside consultants. The maximum amount payable by the CITY to the
ENGINEER for other services provided under this Phase III shall not exceed the
amount authorized by the CITY in the CITY's authority to proceed letter to the
ENGINEER. This maximum amount may be increased only by the written
agreement of both parties.
6. PAYMENT:
Phase I - Monthly payments payable according to Section 7 of this Agreement, based on the
estimated percent of completion.
Phase II - Monthly payments payable according to Section 7 of this Agreement, based on the
documented amount due.
Phase III - Monthly payments payable according to Section 7 of this Agreement, based on
the documented amount due.
7. PAYMENT OF COMPENSATION: ENGINEER shall submit monthly invoices to the CITY.
Said invoices shall itemize all services rendered during the preceding monthly period. The
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CITY shall make payment to the ENGINEER within thirty (30) calendar days of receipt of the
invoice. All payments are expressly conditioned upon ENGINEER providing services here-
under that are satisfactory to the CITY.
8. REVISION OF THE WORK: If, after the preliminary Plan has been approved and the
ENGINEER is authorized to proceed with working drawings and has performed work in
prosecuting the same and the CITY authorizes new or substantially alters the Plan, requiring
new working drawings or Specifications, the CITY will pay the ENGINEER a just and
equitable compensation as determined by the CITY and ENGINEER or arbitrators in the
event an agreement cannot be reached between the CITY and the ENGINEER.
9 ADDITIONAL WORK: If, during the performance of the Agreement, other or additional
services than herein specified are required in connection with the Project, the CITY may order
the ENGINEER in writing to perform such services for the consideration provided in Section
5, Phase III, such services in all other respects to be subject to the terms of this Agreement.
10. FACILITIES TO BE FURNISHED BY THE ENGINEER: The ENGINEER shall furnish and
maintain a Yakima, Washington, office, drafting space, and equipment suitable and adequate
for the prosecution of the work that is normal to the functioning of an established consulting
engineering and surveying practice
11. TERMINATION: The CITY or ENGINEER may terminate this Agreement by giving thirty (30)
days written notice to the other party. In such event, the CITY shall forthwith pay the
ENGINEER in full for all work previously authorized and performed prior to notice of
termination. In the event of termination, the ENGINEER agrees to cooperate reasonably with
any consulting engineer thereafter retained by the CITY in making available information
developed as the result of work previously performed by the ENGINEER. If no notice of
termination is given, relationships and obligations created by this Agreement, unless
otherwise expressly provided, shall be terminated upon completion of all applicable
requirements of the Agreement.
12. TAXES AND ASSESSMENTS: ENGINEER shall be solely responsible for compensating its
employees and for paying all payroll -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.
13. DESIGN INTENT: ENGINEER shall prepare the design documents, drawings, and specifi-
cations with the understanding that a representative of ENGINEER may be observing the
quality and progress of the resulting construction for compliance with the design intent.
14. ACCESS, APPROVALS, PERMITS: The CITY shall arrange for access to and make all
provisions for ENGINEER to enter upon such public and private property as may be required
for ENGINEER to perform its services under this Agreement.
15. STANDARD FOR PERFORMANCE. The ENGINEER shall perform its services in accord-
ance with generally accepted consulting engineering standards and shall be responsible for
the professional and technical soundness and accuracy of all work and services furnished
pursuant to this agreement.
16. CITY -PROVIDED INFORMATION: ENGINEER is entitled to rely on all information furnished
or to be furnished by CITY. CITY agrees to defend and indemnify ENGINEER, its officers,
agents, and employees from any and all claims for damages caused by an error or omission
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if information provided by the CITY were the cause of the claim, and provided further that the
ENGINEER's reliance on such information was reasonable under the circumstances.
17. SCHEDULING: The CITY shall inform ENGINEER of activities being conducted by other
parties and of any changes in schedules or other plans relevant to the services provided
under this Agreement.
18. COST ESTIMATES. The CITY is herewith advised that ENGINEER has no control over the
cost of labor, material, or equipment; over subcontractors' and suppliers' methods of produc-
ing and delivering such goods and services; or over the methods and styles of competitive
biding or market conditions. Accordingly, ENGINEER's cost estimates are made and
furnished on the basis of ENGINEER's experience and qualifications and represent only best
judgment as an engineering firm familiar with the construction industry. As such, ENGINEER
cannot and does not warrant or guarantee the accuracy of its cost estimates, or that cost
estimates will not vary significantly from the actual project or construction costs realized by
the CITY.
19. CONSTRUCTION AND SAFETY ENGINEER shall not be responsible for the means,
methods, techniques, sequences, or procedures of construction selected by contractors or
the safety precautions and programs incident to work of contractors.
20 SUBMITTAL REVIEW. Review of proposed contractor substitutions of materials and
equipment by ENGINEER is only for general conformance with the design concept of the
Project and general compliance with the information given in the contract documents. The
review does not affect the contractor's responsibility to perform all contract requirements with
no change in contract price or time.
21. OWNERSHIP OF DOCUMENTS: All reports, designs, drawings, and specifications prepared
by ENGINEER pursuant to this Agreement shall be the property of the CITY upon payment
being made by the CITY to ENGINEER in accordance with this Agreement. ENGINEER shall
provide the CITY with originals and/or reproducible copies of such documents when
requested by CITY representatives. ENGINEER does not intend nor represent that such
documents are suitable for reuse by the CITY or others on extensions of this project or with
regard to any other project. Any such reuse without the written permission of ENGINEER
shall be at the CITY's risk.
22. THIRD -PARTY BENEFICIARIES. It is recognized that the services performed by ENGINEER
are for the benefit of the CITY and no other party. There are no third -party beneficiaries to
this Agreement.
23. NONDISCRIMINATION PROVISION: During the performance of this Agreement, 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.
24. COMPLIANCE WITH LAW: ENGINEER agrees to perform all work/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.
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25. EXECUTIVE ORDER 11246 CLAUSE
a. ENGINEER will not discriminate against any employee or applicant for employment
because of race, creed, sex, color, or national origin. ENGINEER will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, creed, sex, color, or national origin. Such
action shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including apprentice-
ship. ENGINEER agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the CITY setting forth the
provisions of this nondiscrimination clause.
b. ENGINEER will, in all solicitations or advertisements for employees placed by or on
behalf of ENGINEER, state that all qualified applicants will receive consideration for
employment without regard to race, creed, color, sex, or national origin.
c. ENGINEER will cause the foregoing provisions to be inserted in all subcontracts for any
work covered by this Agreement so that such provisions will be binding upon each
subcontractor, provided the foregoing provisions shall not apply to contracts or
subcontracts for standard commercial supplies and raw materials.
d. ENGINEER will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
e. ENGINEER will furnish all information and reports required by Executive Order 11246
of September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor, or pursuant thereto, and will permit access to ENGINEER's books,
records, and accounts by the CITY, the Washington State Planning and Community
Affairs Agency, and the U.S. Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders
f. In the event of ENGINEER's noncompliance with the noncompliance provision clauses
of this Agreement or with any such rules, regulations, or orders, this Agreement may
be canceled, terminated, or suspended in whole or in part and ENGINEER may be
declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order 11246 of September 25, 1965, or as otherwise provided
by law.
ENGINEER will include the provisions of paragraphs (a) through (g) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor
or vendor. ENGINEER will take such action with respect to any subcontract or
purchase order as the CITY may direct as a means of enforcing such provisions
including sanctions for noncompliance; provided, however, that in the event
ENGINEER becomes involved in, or is threatened with, litigation with a subcontractor
or vendor as a result of such direction by the CITY, ENGINEER may request the United
States to enter into such litigation to protect the interest of the United States.
26. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 CLAUSE: Under Title VI of the Civil Rights
Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded
from participation in, be denied the benefits of, or be subjected to discrimination under any
g.
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program or activity receiving federal financial assistance. This shall include compliance with
all applicable provisions of the Regulations of the U.S. Department of Commerce (Part 8 of
Subtitle 15 of the Code of Federal Regulations) issued pursuant to the Civil Rights Act of
1964.
27. ACCESS TO RECORDS CLAUSE: The CITY and other authorized representatives of the
state government shall have access to any books, documents, papers, and records of
ENGINEER which are directly pertinent to the Agreement for the purposes of making audits,
examination, excerpt, and transcriptions.
ENGINEER agrees to maintain such records and follow such procedures as may be required.
In general, such records will include information pertaining to this Agreement, obligations and
unobligated balances, assets and liabilities, outlays, equal opportunity, labor standards (as
appropriate), and performance.
All such records and all other records pertinent to this Agreement and work undertaken under
this Agreement shall be retained by ENGINEER for a period of three years after the final audit
of the CITY's project, unless a longer period is required to resolve audit findings or litigation.
In such cases, the CITY shall request a longer period for record retention.
28. INTEREST OF MEMBERS OF A CITY: No elected official of the CITY and no other officer,
employee, or agent of the CITY who exercises any functions or responsibilities in connection
with the planning and carrying out of the project shall have any personal financial interest,
direct or indirect, in this Agreement; and ENGINEER shall take appropriate steps to assure
compliance.
29. PERSONNEL: ENGINEER represents that ENGINEER has, or will secure at its own
expense, all personnel required in order to perform under this Agreement. Such personnel
shall not be employees of or have any contractual relationship to the CITY.
All services required hereunder will be performed by ENGINEER or under ENGINEER's
supervision, and all personnel engaged in the work shall be fully qualified and shall be
authorized or permitted under state or local law to perform such services.
30. COPYRIGHT: No reports, maps, or other documents produced in whole or in part under this
Agreement shall be the subject of an application for copyright by or on behalf of ENGINEER.
31. AGE DISCRIMINATION ACT OF 1975, AS AMENDED: No person shall be excluded from
participation, denied program benefits, or subjected to discrimination on the basis of age
under any program or activity receiving federal funding assistance (42 U.S.C. 610 et. Eq.).
32. SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED: No otherwise
qualified individual shall, solely by reason of his or her handicap, be excluded from
participation (including employment), denied program benefits, or subjected to discrimination
under any program or activity receiving federal funds (29 U.S.C. 794).
33. PUBLIC LAW 101-336, AMERICANS WITH DISABILITIES ACT OF 1990: Subject to the
provisions of this title, no qualified individual with a disability shall, by reason of such
disability, be excluded from participation in or be denied the benefits of the services,
programs, or activities of a public entity, or be subjected to discrimination by any such entity.
34. NON-EXCLUSIVE AGREEMENT: The parties hereto agree that this Agreement is non-
exclusive and the CITY may retain, employ, or contract with other engineering firms for work
during the term of this Agreement in compliance with RCW 39.80.
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35. INSURANCE: It is understood the CITY does not maintain liability insurance for ENGINEER
or its employees and subcontractors.
36. INDEMNIFICATION AND HOLD HARMLESS:
a. ENGINEER agrees to protect, defend, indemnify, and hold harmless the CITY, its
elected officials, officers, employees, and agents from any and all claims,
demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings
and all judgments, awards, costs, and expenses (including attorneys' fees and
disbursements) caused by or occurring by reason of any negligent act and/or
omission of ENGINEER, its officers, employees, agents, and/or subcontractors,
arising out of or in connection with the performance of this Agreement.
b. In the event that both ENGINEER and the CITY are negligent, 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 appor-
tioned to ENGINEER, its officers, employees, agents, and/or subcontractors.
c. Nothing contained in this Section or this Agreement shall be construed to create
a liability or a right of indemnification in any third party.
37. INSURANCE PROVIDED BY ENGINEER
a. Commercial Liability Insurance. On or before the date this Agreement is fully
executed by the parties, 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) combined single limit bodily injury and
property damage. The certificate shall clearly state who the provider is, the
amount of coverage, the policy number, and when the policy and provisions
provided are in effect (any statement in the certificate to the effect that "this
certificate is issued as a matter of information only and confers no right upon the
certificate holder" shall be deleted). Said policy shall be in effect for the duration
of this Agreement. The policy shall name the CITY, its elected officials, officers,
agents, and employees as additional insureds, and shall contain a clause that the
insurer will not cancel or change the insurance without first giving the CITY thirty
(30) calendar days prior written notice (any language in the clause to the effect
that "but failure to mail such notice shall impose no obligation or liability of any
kind upon the company" shall be crossed out and initialed by the insurance
agent). The insurance shall be with an insurance company or companies rated
A -VII or higher in Best's Guide and admitted in the State of Washington.
b. Commercial Automobile Liability Insurance. On or before the date this Agreement
is fully executed by the parties, 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) combined single
limit bodily injury and property damage. The certificate shall clearly state who the
provider is, the amount of coverage, the policy number, and when the policy and
provisions provided are in effect (any statement in the certificate to the effect that
"this certificate is issued as a matter of information only and confers no right upon
the certificate holder" shall be deleted). Said policy shall be in effect for the
duration of this Agreement. The policy shall name the CITY, its elected officials,
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officers, agents, and employees as additional insureds, and shall contain a clause
that the insurer will not cancel or change the insurance without first giving the
CITY thirty (30) calendar days prior written notice (any language in the clause to
the effect that "but failure to mail such notice shall impose no obligation or liability
of any kind upon the company" shall be crossed out and initialed by the insurance
agent). The insurance shall be with an insurance company or companies rated
A -VII or higher in Best's Guide and admitted in the State of Washington.
c. Professional Liability Insurance. On or before the date this Agreement is fully
executed by the parties, ENGINEER shall provide the CITY with a certificate of
insurance as evidence of Professional Errors and Omissions Liability Insurance
with coverage of One Million Dollars ($1,000,000.00) per occurrence 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 or companies rated A -VII or higher
in Best's Guide and admitted in the State of Washington. If the policy is on a
claims made basis, the retroactive date of the insurance policy shall be on or
before January 1, 1998, 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.
d. Insurance Provided by Subcontractors. ENGINEER shall ensure that all sub-
contractors it utilizes for work/services required under this Agreement shall
comply with all of the above insurance requirements.
38. ASSIGNMENT: This Agreement, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part by 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 ENGINEER stated herein. It is understood by both parties that geotechnical engineering
subconsultant services may be employed by the ENGINEER for this project.
39. 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.
40. 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.
41. 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.
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Yakima City Engineer and
Yakima City Hall
129 North Second Street
Yakima, WA 98901
10
Yakima City Manager
Yakima City Hall
129 North Second Street
Yakima, WA 98901
Rev August 10, 2000
TO ENGINEER: Huibregtse, Louman Associates, Inc.
801 North 39' Avenue
Yakima, WA 98902
or to such other addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid, or hand delivered.
Such notices shall be deemed effective when mailed or hand delivered at the addresses
specified above.
42. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington.
43. VENUE: The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court ofWashington for Yakima County, Washington.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year -
first above written.
CITY OF YAKIMA HUIBREGTSE, LOUMAN ASSOCIATES, INC.
R.A. Zais, Jr.,
City Manager
William L. Huibregtse, PE.
President
DATE: DATE: 8—//-0Q
City Contract No. 2000-75
Resolution No. x-2000-106
G. UAMYAKIMA-JC-3tYKJ3-76. wpd
11
Rev. August 10, 2000
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EXHIBIT A
LOCATION MAS'
EXHIBIT "B"
SCHEDULE OF RATES
FOR
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
(January 1, 2000, Through December 31, 2000)
Principal Engineer
Licensed Professional Engineer
Licensed Professional Land Surveyor
Project Engineer
CAD Technician
Resident Engineer/Inspector
Senior Engineering Technician
Engineering Technician
Word Processing Technician
Two Man Survey Party
Three Man Survey Party
Vehicle Mileage
G: I JAN I YA KI MA -JC -31 YKJ3-7 6. wp d
12
$109.00 per
$89.00 per
$83.00 per
$75.00 per
$65.00 per
$62 00 per
$49.00 per
$43.00 per
$43.00 per
$119.00 per
$154.00 per
0.30 per
hour
hour
hour
hour
hour
hour
hour
hour
hour
hour
hour
mile
Rev. August 10, 2000
EXHIBIT "B"
SCHEDULE OF RATES
FOR
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
(January 1, 2001, Through December 31, 2001)
Principal Engineer $112.00 per hour
Licensed Professional Engineer $92.00 per hour
Licensed Professional Land Surveyor $85.00 per hour
Project Engineer $77.00 per hour
CAD Technician $67.00 per hour
Resident Engineer/Inspector $64.00 per hour
Senior Engineering Technician $50.00 per hour
Engineering Technician $44.00 per hour
Word Processing Technician $44.00 per hour
Two Man Survey Party $122.00 per hour
Three Man Survey Party $159.00 per hour
Vehicle Mileage 0.30 per mile
G: UANIYAKIMA-JC-31YKJ3-76. wpd
13
Rev August 10, 2000
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9
For Meeting Of 9/5/00
ITEM TITLE: Consideration of Legislation re: Ahtanum Trunk Line/Apple Tree Development
SUBMITTED BY: Dick Zais, City Manager
GIenn Rice, ACM
Larry Peterson, City Legal
Doug Mayo, Wastewater Manager
CONTACT PERSON/TELEPHONE: Doug Mayo/575-6077
SUMMARY EXPLANATION:
The City of Yakima has reached a tentative agreement with the Apple Tree Partnership (AT) for planning,
design, and construction of a new sewer interceptor extension to be known as the Ahtanum Trunk Line. The
project is estimated to cost $2.5 million and will be financed by a combination of $325,000 public and $2,175,000
private cash contributions in the form of limited -obligation revenue bonds Apple Tree promises to buy.
(continued on next page)
Resolution 1 Ordinance 1 Other (Specify) Motions (2)
Contract 2 Mail to (name and address):
(1) Apple Tree Partnership 2550 Borton Rd Yakima, WA 98903
(2) HLA, Inc. 801 S. 39th Ave. Yakima, WA 98908
Funding Source Budgeted in Fun as project 18211
APPROVED FOR SUBMITTAL: may. h
ity Manager
STAFF RECOMMENDATION:
Staff respectfully requests that the City Council:
Pass the proposed Ordinance Authorizing Issuance and Sale of a Utility Revenue Bonds. Please note:
Section 7.2 of the proposed Ordinance approves and authorizes execution of the Sewer Construction and
Bond Purchase Agreement. Consequently, there is no separate resolution for that action.
B. Adopt the proposed Resolution Authorizing Execution of Professional Services Agreement with Huibregtse,
Louman Associates, Inc. for Design Services
C. Pass a motion calling for City staff to prepare and submit documents required for the City to provide
wastewater service to the Ahtanum Sub -basin and seeking an amendment to Exhibit A of the Agreement for
Wastewater Treatment and Disposal Service (4 -Party Agreement) entered into February 2, 1976 for the
Sewer Service Area Boundary
D. Pass a motion to execute a separate Memorandum of Understanding pertaining to potential future service to
Apple Tree Property within the Coolidge and Washington Avenue Sub -basins
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Page 1
(continued from page 1)
In the future, following design, cost estimates, completion of environmental review under SEPA, and public
bidding, Council will be asked to take subsequent action authorizing construction and approving sale of a
Utility Revenue Bond Issue. The attached memorandum from staff provides a complete overview of the
agreement between the parties.
In the future, following design, cost estimates, completion of environmental review under SEPA, and public
bidding, Council will be asked to take subsequent action authorizing construction and approving sale of a
Utility Revenue Bond Issue. The attached memorandum from staff provides a complete overview of the
agreement between the parties.
Changes that were made since the August 15 agenda are as follows:
• Text clarified regarding Apple Tree's opportunity for reimbursement to reinforce limits on City's obligations
and to ensure this transaction does not impair City's opportunity to finance future projects
• Date of June 1,2041 set for end of City's obligations
• Other non-substantive housekeeping changes in text, particularly to more closely integrate the Ordinance
and the Agreement
• Memorandum of Understanding clarified regarding possible future Apple Tree service through Coolidge
and/or Washington line
• Slight modification of the map defining b htanum Basi...
-----a the . -. a...a.autat Sub LJQJi!!
Page 2
MEMORANDUM OF UNDERSTANDING
1. Parties.
City of Yakima
129 North Second Street
Yakima, WA 98901
("City" herein)
Apple Tree Partnership
2550 Borton Road
Yakima, WA 98903
("AT" herein)
Collectively herein the "Parties"
2. Recitals.
(a) The Parties have entered into a Sewer Construction and Bond
Purchase Agreement ("Agreement") relative to the construction of the Ahtanum
Trunk Line.
(b) In addition to that Agreement, the Parties intend by this
Memorandum of Understanding ("Memorandum") to memorialize certain future
intentions.
3. Understanding of the Parties.
(a) Coolidge Trunk Line. It is intended that the Apple Tree
Development shall discharge into the Ahtanum Trunk Line unless, at some
future date, the Coolidge Trunk Line is available for connection and discharge.
(b) Washington Avenue Sub -Basin. Wastewater service to the "
Washington Avenue Sub -Basin" may be considered and undertaken in a manner
consistent with the Agreement. The City will support appropriate agreements to
allow AT to discharge to the Washington Avenue (West Valley High School)
sanitary sewer pipeline. If capacity requirements demand, City agrees that
similar concepts, terms, and methods of cost determinations as established in the
Agreement may be used in a separate agreement with AT to upsize or parallel
the existing Washington Avenue sewer pipe line to provide capacity for AT
development and others.
The City and AT prefer to serve the Washington Avenue Sub -Basin with
public sewer through either upsizing or construction of a parallel Washington
Avenue sanitary sewer pipeline. The parties recognize, however, that upsizing
or construction of a parallel public sewer line may be extremely difficult because
of (1) physical or topographic constraints; (2) right-of-way and easement
acquisition; or (3) relative significant economic cost to upsizing or paralleling of
existing public sewer lines. In such circumstances, City and AT will review the
installation of a pump station allowing discharge of wastewater from AT future
development Washington Avenue Sub -Basin property to Ahtanum and/ or
Coolidge Trunk pipelines.
(c) Nothing in this Memorandum shall modify the Agreement or
relieve the Parties of their obligations under the Agreement.
Dated this r t' day of o ' - ( , 2000.
Contract No. 2000-77
CITY OF YAKIMA, WASHINGTON
By
Its
By
Its
Richard A. Zais,Jr., City Manager
APPLE TREE PARTNERSHIP
OFFICE OF THE CITY CLERK
129 North Second Street
Yakima, Washington 98901
Phone (509) 575-6037 • Fax (509) 576-6614
November 20, 2000
Mr. James C. Carmody
Velikanje Moore & Shore, P.S.
P. 0. Box 22550
Yakima, Wa 98907
Re: Apple Tree Contract and Memorandum of Understanding
City Contracts Nos. 2000-76 and 2000-77
Dear Mr. Carmody:
Enclosed is a copy of the Apple Tree Sewer Construction
and Bond Purchase Agreement and Memorandum of
Understanding with the date of execution inserted as
November 11, 2000 as we discussed.
Sincerely,
Karen S. Roberts,
City Clerk
Enclosure
Yakima
MM.dca iv
1994
Exhibit 2(d)
11 x17 Version
Ahtanum Sub Basin
Sewer Construction & Bond
Purchase Agreement
City Limits
(Zone One )
• Urban Area
(Zone Two)
GMA Urban Growth Boundary
(Zone Three)
Sewer Lines
Apple Tree
Project Area
Apple Tree
Future Development
Proposed Project
Pipe
Ahtanum
Sub Basin
This 11x17 map represents
but does not replace the
full size version of
Exhibit 2(d) to the
Sewer Construction Bond
Purchase Agreement
Scale - 1 in = 2500h
0 1250 2500
Created: August 28, 2000