HomeMy WebLinkAboutR-2012-060 Industrial Wastewater Collection System Extension Agreement with Huibregtse, Louman Assoc.RESOLUTION NO. R- 2012 -60
A RESOLUTION authorizing the City Manager to execute an Agreement between
Huibregtse, Louman Associates, Inc. (HLA) and the City of Yakima
for Engineering Services for the Extension of the Industrial
Wastewater Collection System in the vicinity of 23rd Avenue and
River Road.
WHEREAS, the City of Yakima (City) owns and operates wastewater collection
and treatment facilities in accordance with applicable Federal, State and Local
regulations; 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 state of Washington requires these services to be performed by a
Professional Licensed Engineer; and,
WHEREAS, the City desires to retain HLA, to provide engineering services for
design and construction of the extension of the City's Industrial Wastewater Collection
System from Quince St. /N. 3rd Ave to a location near 23rd Avenue and River Road, and to
include installing up to six by -pass facilities and other related wastewater collection
system pipeline services, and,
WHEREAS, HLA has provided such engineering services on recent
improvements of the City's Industrial Wastewater Collection System identified to meet
regulatory requirements, community growth, replacement needs, and operational
efficiencies; 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 is hereby authorized to execute the Professional Services Agreement
with Huibregtse, Louman Associates Inc to provide Engineering Services for the City in
the extension of the Industrial Wastewater Collection System in the vicinity of 23rd Avenue
and River Road, not to exceed Four Hundred Eighty Seven Thousand Four Hundred
Eighty Five Dollars ($487,485), a copy of the Agreement with Exhibit "A" and "B" is
attached hereto and by reference made a part hereof, now, therefore,
ADOPTED BY THE CITY COUNCIL this 1St day of May, 2012.
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ATTEST: Micah Cawle , Mayor
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AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this �Zp_� day of , 2012, by and
between the City of Yakima, Washington, a municipal corporation with prin al offices at 129 North
Second Street, Yakima, WA 98901, hereinafter referred to as "CITY," and Huibregtse, Louman
Associates, Inc, with an office at 801 N. 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 the INDUSTRIAL WASTE LINE
IMPROVEMENTS herein called the "PROJECT "
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and
construction of 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
knowledge 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 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
20.1 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
2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign,
Michael T. Battle, P E., 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 — SCOPE OF
SERVICES (WORK) which is attached hereto and made a 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 the PROJECT and not covered in Phases 1 through 6 in EXHIBIT A — SCOPE
OF SERVICES 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 services beyond the scope of PROJECT WORK. Such changes
hereinafter shall be referred to as "ADDITIONAL SERVICES," as described in Phase 7 of
EXHIBIT A — SCOPE OF SERVICES
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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 in writing in accordance with the FEE FOR SERVICE section of EXHIBIT A.
2.2.2 Compensation for each such request for ADDITIONAL SERVICES shall be negotiated by
the CITY and the ENGINEER according to the provisions set forth in the FEE FOR
SERVICE section of EXHIBIT A, 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 (an email will be
considered as written authorization)
2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the
date of the ENGINEER'S receipt of the written notification of change
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY- FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the
CITY'S possession relating to the ENGINEER'S services on the PROJECT including information
on any pre- existing conditions known to the CITY that constitute hazardous waste contamination
on the PROJECT site as determined by an authorized regulatory agency or qualified professional
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
33 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
34 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 by 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
41 In signing this Agreement, CITY grants ENGINEER specific authorization to proceed with WORK
described in EXHIBIT A, beginning with Phases 1, 2, 3, and 4 Work on Phases 5 and 6 shall
only proceed after receipt of written authorization from the CITY based on approved
recommendations from Tasks 1 through 4 above The time for completion is defined in EXHIBIT
A, or as amended
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SECTION 5 COMPENSATION
51 COMPENSATION for the services in Phases 4, 6, and 7 described in EXHIBIT A — SCOPE OF
SERVICES, shall be in accordance with EXHIBIT B — SCHEDULE OF RATES, attached hereto
and incorporated herein by this reference, on a time spent basis plus reimbursement for direct
non -salary expenses These hourly rates shall be subject to periodic modifications based on
annual adjustments in individual employee salaries and State - approved overhead rates
COMPENSATION for the services in Phases 1, 2, 3, and 5 described in EXHIBIT A — SCOPE OF
SERVICES, shall be per lump sum fee. The maximum amount of compensation to the
ENGINEER for Phases 1 through 6, as described in the FEE FOR SERVICE section of EXHIBIT
A, shall not exceed $423,900 00 without the written agreement of the CITY and the ENGINEER.
51.1 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 plus fifteen percent (15 %) and on the basis of current rates when
furnished by ENGINEER.
51.1 1 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 forty dollars ($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
512 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 rates provided in EXHIBIT B — SCHEDULE OF RATES
5.13 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.
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this
PROJECT shall not exceed the amount set forth in Section 5 1 above 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
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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
53 The ENGINEER shall submit to the CITY'S Representative an invoice each month 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
54 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)
55 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 payment
claims against CITY arising under or by virtue of this Agreement, other than such payment
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.
56 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
61 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, specifications,
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.
63 In performing WORK and services hereunder, the ENGINEER and its subcontractors,
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
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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.
64 INDEMNIFICATION:
6 4 1 ENGINEER agrees to defend, indemnify, and hold harmless the CITY, its elected
officials, agents, officers, and employees (hereinafter "parties protected ") from (1)
claims, demands, liens, lawsuits, administrative and other proceedings, and (2)
judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses
(including legal fees, costs, and disbursements) of any kind claimed by third parties
arising out of, or related to any death, injury, damage or destruction to any person or
any property to the extent caused by any negligent act, action, default, error or
omission or willful misconduct arising out of the Engineer's performance under this
Agreement. In the event that any lien is placed upon the City's property 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
6.4.2 CITY agrees to indemnify, defend, and hold the ENGINEER 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, to the extent caused by the negligence or willful misconduct of the CITY, its
employees, or agents in connection with the PROJECT
6.43 If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person
identified above for whom each is liable) is a cause of such third party claim, the loss,
cost, or expense shall be shared between the ENGINEER and the CITY in proportion to
their relative degrees of negligence or willful misconduct and the right of indemnity will
apply for such proportion.
644 Nothing contained in this Section or this Agreement shall be construed to create a liability
or a right of indemnification in any third party
65 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 workmen's' compensation acts, disability benefit acts, or
other employee benefit acts.
6.6 It is 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 a contractor's safety programs or methods, 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
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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
71 The general PROJECT schedule and the budget for the entire PROJECT and 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 ENGINEER within fifteen (15)
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
72 Not later than the tenth (10) 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
81 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 on behalf
of the CITY without written permission of the ENGINEER, which shall not be unreasonably
withheld and 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
limitation, litigation expenses and attorney fees where caused by the ENGINEER'S own negligent
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
83 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter
"Intellectual Property ") as well as any modifications, updates or enhancements to said Intellectual
Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER
does not grant CITY any right or license to such Intellectual Property
SECTION 9 AUDIT AND ACCESS TO RECORDS
91 The ENGINEER, including its subconsultants, shall maintain books, records, documents and
other evidence directly pertinent to performance of the WORK under this Agreement 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
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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
93 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 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.
9A The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the PROJECT
95 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY
SECTION 10 INSURANCE
101 At all times during performance of the WORK, ENGINEER shall secure and maintain in effect
insurance to protect the CITY and ENGINEER from and against all claims, damages, losses, and
expenses arising out of or resulting from the performance of this Agreement. ENGINEER shall
provide and maintain in force insurance in limits no less than that stated below, as applicable
The CITY reserves the right to require higher limits should it deem it necessary in the best
interest of the public.
10.1 1 Commercial General Liability Insurance. Before this Contract is fully executed by the
parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of
commercial liability insurance and commercial umbrella liability insurance with a total
minimum liability limit of Two Million Dollars ($2,000,000 00) per occurrence combined
single limit bodily injury and property damage, and Two Million Dollars ($2,000,000 00)
general aggregate. The certificate shall clearly state who the provider is, the coverage
amount, the policy number, and when the policy and provisions provided are in effect.
Said policy shall be in effect for the duration of this Contract. The policy shall name the
CITY, its elected officials, officers, agents, employees, and volunteers 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 of "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company" shall be crossed out and initialed by
the insurance agent). The insurance shall be with an insurance company or companies
rated A -VII or higher in Best's Guide and admitted in the State of Washington
10 1 2 Commercial Automobile Liability Insurance:
10.1.2 1 If ENGINEER owns any vehicles, before this Contract is fully executed by the
parties, OIC shall provide the CITY with a certificate of insurance as proof of
commercial automobile liability insurance and commercial umbrella liability
insurance with a total minimum liability limit of Two Million Dollars
($2,000,000.00) per occurrence combined single limit bodily injury and property
damage. Automobile liability will apply to "Any Auto" and be shown on the
certificate
10 1.2.2 If ENGINEER does not own any vehicles, only "Non -owned and Hired
Automobile Liability" will be required and may be added to the commercial
liability coverage at the same limits as required in that section of this
Agreement, which is Section 12.2 entitled "Commercial Liability Insurance"
10. 1.2 3 Under either situation described above in Section 10 1.2.1 and Section
101.2.2, the required certificate of insurance shall clearly state who the
provider is, the coverage amount, the policy number, and when the policy and
provisions provided are in effect. Said policy shall be in effect for the duration
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of this Agreement. The policy shall name the CITY, its elected officials,
officers, agents, employees, and volunteers and 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 of "but failure to mail such notice shall
impose no obligation or liability of any kind upon the company" shall be crossed
out and initialed by the insurance agent). The insurance shall be with an
insurance company or companies rated A -VII or higher in Best's Guide and
admitted in the State of Washington.
10 1 3 Statutory workers' compensation and employer's liability insurance as required by State
law
10.1 4 Professional Liability Coverage Before this Agreement is fully executed by the parties,
ENGINEER shall provide the CITY with a certificate of insurance as proof of professional
liability coverage with a total minimum liability limit of Two Million Dollars ($2,000,000 00)
per claim combined single limit bodily injury and property damage, and Two Million
Dollars ($2,000,000 00) aggregate The certificate shall clearly state who the provider is,
the coverage amount, 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 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 of "but failure to mail such notice shall impose no obligation or liability of any
kind upon the company" shall be crossed out and initialed by the insurance agent) The
insurance shall be with an insurance company or companies rated A -VII or higher in
Best's Guide If the policy is written on a claims made basis the coverage will continue in
force for an additional two years after the completion 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 insured 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 that affects the rights of the CITY 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.
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
Representative, 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.
11 3 CITY hereby authorizes the ENGINEER to subcontract with the persons and firms listed below -
Archaeologist as mutually agreed with ENGINEER and CITY
114 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.
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SECTION 12 ASSIGNMENT
121 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 It is expressly intended and agreed that
no third party beneficiaries are created by this Agreement, and that the rights and remedies
provided herein shall inure only to the benefit of the parties to this Agreement.
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 and NONDISCRIMINATION
151 During the performance of this Agreement, ENGINEER shall not discriminate in violation of any
applicable federal, state and /or local law or regulation on the basis of age, sex, race, creed,
religion, color, national origin, marital status, disability, honorably discharged veteran or military
status, pregnancy; sexual orientation, and any other classification protected under federal, state,
or local law 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.
ENGINEER agrees to comply with the applicable provisions of State and Federal Equal
Employment Opportunity and Nondiscrimination statutes and regulations.
SECTION 16 SUSPENSION OF WORK
161 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 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 ninety (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
171 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,
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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 subsection 171 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.
174 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
175 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 prepared in performing this
Agreement, whether completed or in progress, with the ENGINEER retaining copies of the same
176 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
178 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
GAContracts & Task Orders \Yakima \YRWWTP - IW Lines\2011 -11 -30 City of Yakima IW Line Improvements.APS.docx Page 10
SECTION 18 DISPUTE RESOLUTION
181 In the event that any dispute shall arise as to the interpretation of this Agreement, or in the event
of a notice of default as to whether such default does constitute a breach of the contract, and if
the parties hereto cannot mutually settle such differences, then the parties shall first pursue
mediation as a means to resolve the dispute If the afore mentioned methods are not successful
then any dispute relating to this Agreement shall be decided in the Yakima Superior Court in
accordance with the laws of Washington If both parties consent in writing, other available means
of dispute resolution may be implemented.
SECTION 19 CONFLICT OF INTEREST
191 Interest of Members of a City, No member of the governing body 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 execution of this AGREEMENT shall have any personal
financial interest, direct or indirect, in this AGREEMENT; and the CONSULTANT shall take
appropriate steps to assure compliance
19.2 Interest of Other Public Officials No member of the governing body of the locality and no other
public official of such locality who exercises any functions or responsibilities in connection with
the planning and execution of this AGREEMENT shall have any personal financial interest, direct
or indirect, in this AGREEMENT, and the CONSULTANT shall take appropriate steps to assure
compliance.
19.3 Interest of the Consultant and Employees: The CONSULTANT covenants that it presently has no
interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or
any other interest which would conflict in any manner or degree with the performance of its
services hereunder. The CONSULTANT further covenants that in the performance of this
AGREEMENT, no person having such interest shall be employed
SECTION 20 NOTICE
201 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 (72) hours after mailing by certified mail to the place of
business set forth below, whichever is earlier
CITY- City of Yakima Wastewater
204 West Pine Street
Yakima, WA 98902
Attn- Scott Schafer, Wastewater Manager
ENGINEER: Huibregtse, Louman Associates, Inc.
801 North 39th Avenue
Yakima, WA 98902
Attn: Jeffrey T Louman, PE, President
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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
Signature
Printed Name Michael Morales
Title
Date S4
Attest:
City Contract No 2012 -
Resolution No R- 2012 - 60
;I AK I M,q
HUIBREGTSE. LOUMAN ASSOCIATES. INC.
Signa,4re V
Printed Name- Jeffrey T. Louman
Title President
Nte ( ZZZ //Z
* a.
SEAL_
P
GAContracts & Task Orders\Yakima\YRWWTP - IW Lines\2011 -11 -30 City of Yakima IW Line Improvements.APS.docx Page 12
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA )
I certify that I know or have satisfactory evidence that MICHAEL MORALES is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument, and acknowledged it as the INTERIM CITY MANAGER of the CITY
OF YAKIMA, to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated '
Seal or Stamp
.a, � - � � � - '& � - 0606*1
KAARRE ALLYN
Notary Public
State of Washington
My Commission Expires
April 11, 2016
(Signature)
Title
Printed Name
My commission expires.
G \Contracts & Task Orders \Yakima\YRWWTP - IW Lines\2011 -11 -30 City of Yakima IW Line Improvements.APS.docx Page 13
STATE OF WASHINGTON )
) ss
COUNTY OF 'L )
I certify that I know or have satisfactory evidence that JEFFREY T LOUMAN, 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: c Fn-#1 LA,QX14 2 2 D 12
Seal or Stamp
ttirl►►►►
N M S N
My Comm. Expires
: Z "
N� : January 28• :0
/'O�► W AS�` ``4
(Signatu e)
[O�a'rU
Title
Printed Name
My commission expires V QLj'1Lk&ry 21, 10
GAContracts & Task Orders \Yakima \YRWWTP - IW Lines\2011 -11 -30 City of Yakima IW Line Improvements.APS.docx Page 14
EXHIBIT A - SCOPE OF SERVICES
During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection
with the following project:
City of Yakima — Industrial Waste Line 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 project administration, formulation, field investigations, pre- engineering,
environmental compliance, permitting, final design, plans and specifications, and services during
construction.
PROJECT: The City of Yakima Wastewater Department desires to install a new 12 -inch diameter
industrial waste sewer line from the approximate intersection of Quince Street/N 3rd Avenue
to 23rd Avenue near Seneca Foods Corporation (est. 8,000 linear feet) The line is
anticipated to be extended at a future date to the proximity of 32nd Avenue /Fruitvale
Boulevard The attached Exhibit illustrates potential alignment routes for improvements
SCOPE OF SERVICES:
PHASE 1 — PROJECT ADMINISTRATION
A. Assist the City with financial management requirements of Public Works Trust Fund funding
B. Assist the City with coordination of PWTF application project descriptions and associated
cost estimates with updated project limits and cost estimates.
C. Coordinate with CITY and PWTF staff to gain approval necessary to reorganize project
elements within approved funding limits
D. Assist CITY with the PWTF funding reimbursement process.
E Assist CITY with PWTF financial and construction management requirements
F Assist the CITY with securing approval of such governmental authorities as have jurisdiction
over design criteria applicable to the PROJECT
G Monitor the construction contractor's compliance with State and Federal labor standards.
H Assist CITY with PWTF project closeout process
PHASE 2 - PROJECT FORMULATION INVESTIGATION AND PRE - ENGINEERING
A. Perform field review and investigation of anticipated pipe alignments and determine potential
project constraints
B Perform topographic field survey at specific locations to determine existing ground elevations
and elevations of existing facilities
C Perform review of public and private utilities including City Water, City Sewer, Cascade
Natural Gas, Pacific Power, CenturyLink Communications and Fiber Optic lines to determine
general locations and size of facilities Make recommendation of potential project impacts
due to existing utilities. No excavation work to determine location or depth will be conducted.
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D. Perform review of existing plans and studies previously prepared and /or approved by the City
of Yakima which may impact the proposed alignment or construction of the proposed
facilities
E. Perform review of existing easements and public right of way along the proposed alignments.
Identify locations where easements and /or right of way may need to be acquired
F. Contact representatives for the Burlington Northern Sante Fe Railroad to discuss locating
utilities within railroad right of way
G Perform review of existing industrial waste line locations in relation to sanitary sewer lines,
from Quince Street to the YRWWTP, and determine up to six (6) sites for by -pass
installations.
H. The City of Yakima shall arrange for access to and make all provisions for HLA and HLA's
consultants to enter upon public and private property as required to perform the services
under this Agreement.
I. Meet with City of Yakima Wastewater staff up to six (6) times to discuss elements of the
project and coordinate work.
J Prepare engineering report of existing conditions, alignment recommendations, project
constraints, preliminary cost estimates and construction phasing
PHASE 3 — ENVIRONMENTAL COMPLIANCE
A. Assist CITY with compliance of PWTF environmental review requirements.
B Assist CITY with preparation of SEPA checklist.
C Prepare an Archaeological and Historic Preservation Resource Survey, if required, for review
by the controlling authority
D An Environmental Impact Statement (EIS) is not anticipated to be required for this PROJECT.
Should it be determined an EIS must be prepared, it will be added as a separate and
additional phase of work.
PHASE 4 - BNSF RAILROAD UTILITY PERMITTING
A. Work with BNSF Railroad representatives to determine the potential to receive a utility permit
for the installation of the industrial waste line in railroad right of way. Pipe installations will
include both longitudinal and transverse construction.
B Work with BNSF Railroad representatives to determine construction requirements to install a
new parallel gravity industrial waste line and transverse pipe crossings
C Work with BNSF Railroad representatives to complete permit applications for CITY to secure
necessary utility easements. CITY shall pay all fees associated with obtaining permits
D Submit preliminary design plan and profile sheets of proposed improvements necessary to
submit railroad crossing permit applications (as prepared under Phase 5 below).
GAContracts & Task Orders \Yakima \YRWWTP - IW Lines\2011 -11 -30 City of Yakima IW Line Improvements.APS.docx Page 16
PHASE 5 - DESIGN AND FINAL PLANS AND SPECIFICATIONS
A. On the basis of approved recommendations from Phase 2 above, perform topographic field
survey of the final alignment required to complete the design, plans and specifications for
publicly bid improvements Call for underground utility locates prior to survey.
B Perform detailed field investigations necessary to design the identified improvements.
C. Prepare preliminary design plans and specifications.
D. Prepare easement documents and legal descriptions necessary for installation of the
facilities. CITY responsible to negotiate and pay all costs and fees associated with obtaining
utility easements.
E. Prepare right of way documents and legal descriptions necessary for installation of the
facilities CITY responsible to negotiate and pay all costs and fees associated with obtaining
right of way.
F. Review and discuss preliminary plans with CITY staff.
G. On the basis of approved preliminary plans, perform the final design, and prepare complete
Plans and Specifications for publicly -bid improvements, as authorized by the CITY
H Prepare the Engineer's Estimate of construction cost.
I 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.
J. Furnish the CITY fifty (50) copies of the final Plans and Specifications for bidding and
construction It is anticipated the ENGINEER will prepare one (1) complete set of plans and
specifications for one bid call; additional bid packages will be considered additional services
K. Send advertisement for bids to the Paper of Record and other papers selected by the CITY.
CITY shall pay all advertisement fees
L. Answer and supply such information as is requested by prospective bidders.
M Prepare and issue addenda, if necessary.
N Attend bid opening and participate in the bid opening and evaluation process
O. Prepare tabulation of all bids received by the CITY and review bidder's qualifications.
P. Make recommendation of construction contract award to the lowest responsible bidder.
GAContracts & Task Orders \Yakima \YRWWTP - IW Lines\2011 -11 -30 City of Yakima IW Line Improvements.APS.dou Page 17
PHASE 6 - SERVICES DURING CONSTRUCTION
A. Furnish the field survey crew necessary to set horizontal and vertical control for the
improvements authorized for construction
B 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
C. Prepare progress reports on the PROJECT for the days during which a resident engineer
is present and file same with the CITY
D Consult and advise the CITY during construction and make a final report of the
completed work.
E. The City of Yakima is required to monitor the contractor's payment of prevailing wage
rates As part of construction services, HLA will monitor General Contractor and
Subcontractor compliance with State labor standards during the construction phase of
this project. This work includes checking monthly certified payrolls, conducting employee
interviews in the field, and issuing letters of non - compliance and /or letters of missing
documents. HLA will perform this task until the PROJECT has been accepted by the City
of Yakima. At that time, HLA will turn over all files kept by HLA during the performance of
this task to the City of Yakima. It will then be the City of Yakima's responsibility to pursue
any outstanding labor issues.
F. Review Contractor's submission of samples and shop drawings, where applicable
G Recommend progress payments for the construction contractor to the CITY
H. Prepare and submit proposed contract change orders when applicable.
I Prepare and furnish reproducible record drawings from as -built drawings furnished by the
resident engineer and Contractor. If as -built drawings from the Contractor are not
received by HLA within thirty (30) calendar days from the date of the letter of
recommendation of project acceptance, HLA will submit the reproducible record drawings
to the City of Yakima with a note stating that no as -built information was received by HLA.
PHASE 7 — ADDITIONAL SERVICES
A. Provide professional engineering and surveying services for additional work requested by
the CITY that is not included in Phases 1 through 6.
GAContracts & Task Orders \Yakima \YRWWTP - IW Lines\2011 -11 -30 City of Yakima IW Line Improvements.APS.docx Page 18
COMPLETION TIMES:
In conjunction with Section 7 of the AGREEMENT, following are anticipated completion times for Phases
of Work.
PHASE 1 — PROJECT ADMINISTRATION
Project Administration services shall begin immediately upon notice of authorization to proceed and
continue until all funding and labor compliance closeout requirements for the PROJECT have been
satisfied
PHASE 2 - PROJECT FORMULATION, INVESTIGATION AND PRE - ENGINEERING
All work necessary for this Phase of work, including Engineering Report, shall be completed with 90
calendar days after the date of authorization to proceed
PHASE 3 - ENVIRONMENTAL COMPLIANCE
Environmental and cultural resource review and compliance information shall be prepared and submitted
to the controlling authority /authorities within 60 calendar days after the date of authorization to proceed
following CITY approval /adoption of the Phase 2 Engineers Report.
PHASE 4 - BNSF RAILROAD UTILITY PERMITTING
Railroad permitting will begin upon authorization to proceed and continue through completion of Phase 5.
PHASE 5 - DESIGN AND FINAL PLANS AND SPECIFICATIONS
Plans, specifications and estimates for all project elements shall be provided within 150 calendar days
after the date of authorization to proceed following CITY approval /adoption of the Phase 2 Engineers
Report.
PHASE 6 - SERVICES DURING CONSTRUCTION
Engineering services during construction for the PROJECT shall begin upon construction contract award
b the CITY to the lowest responsible bidder and shall extend through both the completion of construction
and completion of as- constructed drawings and labor documentation closeout. A maximum of 120
working days has been assumed for the construction of improvements. Should the Contractor be granted
time extensions for construction completion due to recognized delays, requested additional work, and /or
change orders, engineering services beyond the 120 working days shall be considered additional
services.
PHASE 7 — ADDITIONAL SERVICES
Time of completion for work directed by the CITY under additional services shall be negotiated and
mutually agreed to at the time of service request by the CITY
GAContracts & Task Orders \Yakima \YRWWTP - IW Lines\2011 -11 -30 City of Yakima IW Line Improvements.APS.docx Page 19
FEE FOR SERVICE:
PHASE 1 —PROJECT ADMINISTRATION
All work for this PROJECT phase shall be performed for the lump sum fee of $26,500 00.
PHASE 2 — PROJECT FORMULATION, INVESTIGATION AND PRE - ENGINEERING
All work for this PROJECT phase shall be performed for the lump sum fee of $39,900.00.
PHASE 3 — ENVIRONMENTAL COMPLIANCE
All work for this PROJECT phase shall be performed for the lump sum fee of $15,100 00
PHASE 4 — BNSF RAILROAD UTILITY PERMITTING
All work shall be performed on a time -spent basis at the hourly billing rates provided in EXHIBIT B
plus reimbursement for direct non -salary expenses as described in section 51.1 of the
AGREEMENT The estimated maximum amount of this phase of work is $15,000.00
PHASE 5 — DESIGN AND FINAL PLANS AND SPECIFICATIONS
All work for this PROJECT phase shall be performed for the lump sum fee of $156,000 00.
PHASE 6 — SERVICES DURING CONSTRUCTION
All work shall be performed on a time -spent basis at the hourly billing rates provided in EXHIBIT B
plus reimbursement for direct non -salary expenses as described in section 5 2.1 of the
AGREEMENT. The estimated maximum amount of this phase of work is $171,400 00.
PHASE 7 —ADDITIONAL SERVICES
Any additional work requested by the CITY that is not included in Phases 1 through 6 shall be
authorized by the CITY and agreed to by the ENGINEER in writing prior to proceeding with the
services. The ENGINEER shall perform the additional services as directed /authorized by the CITY on
a time -spent basis at the hourly billing rates provided in EXHIBIT B plus reimbursement for direct
non -salary expenses as described in section 5.2 1 of the AGREEMENT.
GAContracts & Task Orders \Yakima \YRWWTP - IW Lines12011 -11 -30 City of Yakima IW Line Improvements.APS.docx Page 20
EXHIBIT B
SCHEDULE OF RATES
FOR
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
(January 1, 2012, Through December 31, 2012)
Licensed Principal Engineer
$165.00 per hour
Licensed Principal Land Surveyor
$151.00 per hour
Licensed Professional Engineer
$136 00 per hour
Licensed Professional Land Surveyor
$124 00 per hour
Project Engineer
$112 00 per hour
CAD Technician
$98 00 per hour
Resident Engineer /Inspector
$93.00 per hour
Surveyor
$93 00 per hour
Senior Engineering Technician
$93.00 per hour
Engineering Technician
$65.00 per hour
Word Processing Technician
$65 00 per hour
Surveyor on Two Man Crew
$89 00 per hour
Surveyor on Three Man Crew
$77 67 per hour
Vehicle Mileage
$0 50 per mile
Global Positioning Survey System Fee
$85.00 per hour
GAContracts & Task Orders \Yakima \YRWWTP - IW Lines\2011 -11 -30 City of Yakima IW Line Improvements.APS.docx Page 21
r
EXHIBIT B
SCHEDULE OF RATES
FOR
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
(January 1, 2013, Through December 31, 2013)
Licensed Principal Engineer
$170 00 per hour
Licensed Principal Land Surveyor
$156 00 per hour
Licensed Professional Engineer
$140.00 per hour
Licensed Professional Land Surveyor
$128 00 per hour
Project Engineer
$115 00 per hour
CAD Technician
$101 00 per hour
Resident Engineer /Inspector
$96 00 per hour
Surveyor
$96 00 per hour
Senior Engineering Technician
$96 00 per hour
Engineering Technician
$67 00 per hour
Word Processing Technician
$67 00 per hour
Surveyor on Two Man Crew
$92 00 per hour
Surveyor on Three Man Crew
$80 00 per hour
Vehicle Mileage
$0 52 per mile
Global Positioning Survey System Fee
$88 00 per hour
WContracts & Task Orders\Yakima \YRWWTP - IW Lines\2011 -11 -30 City of Yakima IW Line Improvements.APS docx Page 22
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* HL
1w Huibrepe, La iman Associates, Inc.
Civil Engineering o Land Surveying,-Planning
8oi North 39th Avenue I DRAWING: P : Projects / 2011 /
Yaldma,WA98902 11000 / Yakima_IW / IW.dwg
5og.966.7000
Fax 5og.965.3800
www.hladvil.com
DATE: 12 -8 -11
DRAWN BY: TDF
CHECKED BY: MTB
Industrial Waste Line Extension
for, The City of Yakima
Exhibit Map
4
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT o
� Item No.
I
For Meeting of: May 1, 2012
ITEM TITLE: Resolution authorizing an Agreement with Huibregtse,
Louman Associates for the extension of the City's Industrial
Wastewater Collection System in the vicinity of 23rd
Avenue and River Road.
SUBMITTED BY: Scott Schafer, Wastewater Division Manager
Shelley Willson, Wastewater Utility Engineer
I
CONTACT Shelley Willson/509.575.6118
PERSON /TELEPHONE:
SUMMARY EXPLANATION:
The City of Yakima applied for a Public Works Trust Fund Grant to fund the installation of a
gravity flow Industrial Wastewater (IW) collection pipe to serve food processing industries
that are located in the area and to provide service to future developments. Food processing
industry waste is high in sugar causing increased operational costs and reduces the overall
capacity of the city's waste process. By separating the strong industrial waste and routing it
to an extension of the city's existing IW system, capacity is increased in the domestic
service capacity, while treating the food process wastewater more effectively with the use of
an anareobic digester. This provides for growth in both industrial and domestic uses and
lowers operational costs.
The attached Resolution authorizes the City Manager to execute the attached Professional
Services Agreement with Huibregtse, Louman Associates, Inc. to develop the Plans,
Specifications, and Estimate (PS &E), provide contract administration, inspection and related
services for the construction of a gravity industrial wastewater line and by- passes. The IW
line will be extended from Quince St. /N. 3rd Ave to the vicinity of 23rd Ave. and River Rd
near Seneca Foods. The terms of the Agreement would be in an amount not to exceed
$487,485. (See attached Agreement with Exhibit "A" and "B ").
Exhibit A of the Agreement decribes the Scope of Service in more detail
Exhibit B of the Agreement describes the Schedule of Rates.
Professional
Resolution X Ordinance Other Services
(specify) Agreement with
Exhibit A and
Exhibit B
Contract: Mail'to: HLA, Attn: Jeffrey T. Louman, PE, 801 N. 39th
Avenue , Yakima WA 98902
Contract Term: Thru Amount: Not to Exceed Expiration Date:
December 2013 $487,,485
Insurance Required? Yes
Funding Wastewater Capital - 476 and PWTF Phone: 509.966.7000
Source:
APPROVED FOR
City Manager
SUBMITTAL:
f= e
STAFF RECOMMENDATION:
Staff respectfully requests City Council approval of the resolution
BOARD /COMMISSION RECOMMENDATION:
ATTACHMENTS:
Click to download
❑ Resolution - HLA IW Extension 23rd Ave /River Rd.
❑ Professional Services Agreement with Huibreqtse, Louman Associates, INC>
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Project: City of Yakima — Noel Canning Corporation Industrial Wasteline Extension Project
TEMPORARY CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the Grantor, ELLSCO, LLC, and
legal owner of Parcel Numbers 191330 - 13029, for valuable consideration, receipt of
which is hereby acknowledged, does hereby grant to the Grantee, CITY OF YAKIMA,
a municipal corporation of the State of Washington, and /or its employees, servants,
agents, contractors, and assigns, the right, permit, license and easement to use and
occupy the hereinafter described lands from the date of start of construction of the Noel
Canning Corporation Industrial Wasteline Extension Project, until twelve months after
the start of construction, for any and all purposes incidental to the construction of the
above - mentioned project, said lands being shown on EXHIBIT B attached hereto and
by this reference incorporated herein.
The work to be performed within this easement consists of facilitating the
construction of the improvements.
The Contractor shall make all efforts to limit impacts to the Grantors and will
proceed with each construction operation as diligently and quickly as possible.
It is further understood and agreed that the Grantee shall indemnify and save
the Grantor harmless from any and all claims and causes of action of every kind and
description which may accrue to, or be suffered by any person, persons or property by
reason of, arising out of, or resulting from the use and occupancy of said lands by the
Grantee and /or its employees, servants, agents, contractors and assigns.
This permit, and all rights granted hereunder, shall terminate automatically and
without notice upon the completion of the construction of said project. This agreement
may also be terminated by the Grantor with a 30 day written notice to the Grantee.
It is understood and agreed that upon completion of construction of said project,
the City of Yakima or its agents shall replace existing fence with new fence of like
material and height, and restore the lands to match existing conditions.
The covenants herein shall run with the land and shall be binding on the Grantor,
its heirs, successors and ,assigns for the term of the agreement.
Dated this 45 day of `-/) , 2013
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„8 Sec f L Le Grantor
APP VED AND 20 EPTED
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Acknowledged By: Q k (PT tit - L3
Ci Engineer Date
(Individual Acknowledgement Form)
STATE OF WASHINGTON )
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County of 41 -CA/w 1
' I, the undersigned, a notary public in and for the State of Washington, hereby certify that on this 1 day of
%,vc;Anlp?✓ 2012, personally appeared before me n
to me known to be the individual(s) described in and who executed the
foregoing instrument, and acknowledged that signed and sealed the same as free and voluntary act and deed, for the
uses and purpose therein mentioned.
Given under hand and official seal the day and year last above written.
Notary Public in and for the State -- of �� Washin ton
Residing at •Fl`G24 W6� -^�•'s .. /.
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Notary'PublIc
State of Washington t
CITY CONTRAC r NO: l ' Z 1 . NEIL B MOHAGHEGH' '
i "lea Appointment Expires Apr 22 2014
RESOLUTION N0' . ,._ _.._. _..._
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EXHIBIT B
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Project: City of Yakima — Noel Canning Corporation Industrial Wasteline Extension Project
TEMPORARY CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the Grantor, Hahn Motor
Company, and legal owner of Parcel Numbers 191330 - 13433, - 13434, - 13435, - 13436,
- 13437, -13438 and - 13439, for valuable consideration, receipt of which is hereby
acknowledged, does hereby grant to the Grantee, CITY OF YAKIMA, a municipal
corporation of the State of Washington, and /or its employees, servants, agents,
contractors, and assigns, the right, permit, license and easement to use and occupy the
hereinafter described lands form the date of start of construction of the Industrial
Wasteline Extension Project, until twelve months after the start of construction, for any
and all purposes incidental to the construction of the above - mentioned project, said
lands being shown on EXHIBIT B attached hereto and by the reverence incorporated
herein.
The work to be performed within this easement consists of facilitating the
construction of the improvements.
The Contractor shall make all efforts to limit impacts to the Grantors and will
proceed with each construction operation as diligently and quickly as possible.
It is further understood and agreed that the Grantee shall indemnify and save the
Grantor harmless from any and all claims and causes of action of every kind and
description which may accrue to, or be suffered by any person, persons or property by
reason of, arising out of, or resulting from the use and occupancy of said lands by the
Grantee and /or its employees, servants, agents, contractors and assigns.
This permit, and all rights granted hereunder, shall terminate automatically and
without notice upon the completion of the construction of said project.
It is understood and agreed that upon completion of construction of said project,
the City of Yakima or its agents shall restore the lands to match existing conditions.
The covenants herein shall run with the land and shall be binding on the Grantor,
its heirs, successors and assigns for the term of the agreement.
Dated this 17 day of OC -46b 2_f 2013
raritor` -
Grantor
APPRO 3 AND ACC /
By:- `dd 0 � . 1'D l 1 1 J') -
City anager Date
Acknowledged By:; - q 26z -I ����
; .1 U. ` , 1
I Engi Date
CITY CONTRAC r NO: /91
RESOLUTION NO: r s/ /4i a (Individual Acknowledgement Form)
STATE OF WASHINGTON 1.
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Os
County of, 10. 4..t,MC.. ;),
' I, the undersigned, a notary public in and for the State of Washington, hereby certify that on this - .�� _—` — - :day of
i� hu.( ,20_x• personally appeared before me- / C).- C t �`CS\ —
_.to me known to be the individual(s) described in and who executed the
foregoing instrument, and acknowledged that Vv2 signed and sealed the same as i -.free and voluntary act and deed, for the
uses and purpose therein mentioned.
Given under hand and official seal the day and ye. r las above wri ' - - / -
or. .•%%%%%%11, ' ota • ublic in and for the State of Washington _
®��%%%%%%%%%%% �'g1 i Residing at, *AK-A. �1i
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