HomeMy WebLinkAboutR-2013-131 Arlington Street Sewer Improvements Engineering Services Agreement with Huibregtse, Louman Associates, Inc.A RESOLUTION
RESOLUTION NO. R-2013-131
authorizing the City manager to execute an agreement between
Huibregtse, Louman Associates, Inc. (HLA) and City of Yakima for
engineering services
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 City desires to retain HLA Inc., to provide engineering services for
design and construction for the rehabilitation of the City's 8 -inch domestic sewer line in the
same alignment as the Noel Canning Industrial Line and other related wastewater
collection system pipeline services; and
WHEREAS, HLA Inc is providing the design and construction services for the
Noel Industrial Waste Line improvements for the City's wastewater system and are
identified to meet regulatory requirements, community growth, replacement needs, and
operational efficiencies; and
WHEREAS, the state of Washington requires these services to be performed by a
Professional Licensed Engineer; 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 a Professional Services
Agreement in an amount not to exceed ninety thousand nine hundred dollars ($90,900)
for Huibregtse Louman Associates, Inc. to provide the Professional Engineering Services
required to provide engineering services a copy of the agreement (Addendum No.1) is
attached hereto by reference and made a part hereof.
ADOPTED BY THE CITY COUNCIL this 15th day of October, 2013.
ATTEST: _ } .����, Micah C , ayor
For City of Yakima Use Only:
Contract No. �0/ 3•-- 2
Project No. off.?):n
Resolution No. r.9 013'-- /3/
SOQ No
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this ) VI -day of /Uaev , 2013, by and
between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North
Second Street, Yakima, WA 98901, hereinafter referred to as "CITY," and Huibregtse, Louman
Associates, Inc. (HLA), with its principal office at 801 North 39th Avenue, Yakima, WA 98902, hereinafter
referred to as "ENGINEER," said corporation and its principal engineers are licensed and registered to do
business in the State of Washington, and will provide design engineering services and engineering
services during construction under this Agreement for the Arlington Street Sewer Improvements on
behalf of the City of Yakima, Project No WW2327, herein referred to as 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
2.0 1 ENGINEER agrees to perform those services described hereafter Unless modified in
writing by both parties, duties of ENGINEER shall not be construed to exceed those
services specifically set forth herein
2 0 2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign,
Michael T Battle, PE, as Principal -in -Charge throughout the term of this AGREEMENT
unless other personnel are approved by the CITY.
2.1 Basic Services. ENGINEER agrees to perform those tasks described in EXHIBIT A — SCOPE OF
SERVICES, entitled "Services During Construction" (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 EXHIBIT A may be needed during
performance of this AGREEMENT CITY may, at any time, by written order, direct the
ENGINEER to revise portions of the PROJECT WORK previously completed in a satisfactory
manner, delete portions of the PROJECT, or request that the ENGINEER perform additional
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WORK beyond the scope of the PROJECT WORK. Such changes hereinafter shall be referred
to as "Additional Services."
2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or
time required for, performance of any services under this AGREEMENT, a contract price
and/or completion time adjustment pursuant to this AGREEMENT shall be made and this
AGREEMENT shall be modified in writing accordingly
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the ENGINEER according to the provisions set forth in EXHIBIT A — SCOPE
OF SERVICES, attached hereto and incorporated herein by this reference, 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.
3 3 TIMELY REVIEW. The CITY will examine the ENGINEER'S studies, reports, sketches, drawings,
specifications, proposals, and other documents, obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY
deems appropriate; and render in writing decisions required of CITY in a timely manner Such
examinations and decisions, however, shall not relieve the ENGINEER of any contractual
obligations nor of its duty to render professional services meeting the standards of care for its
profession.
3 4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this
AGREEMENT CITY'S Representative shall have complete authority to transmit instructions and
receive information ENGINEER shall be entitled to reasonably rely on such instructions made by
the CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall
be responsible for bringing to the attention of the CITY'S Representative any instructions which
the ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER'S
knowledge.
3 5 Any documents, services, and reports provided by the CITY to the ENGINEER are available
solely as additional information to the ENGINEER and will not relieve the ENGINEER of its duties
and obligations under this AGREEMENT or 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
4.1 In signing this AGREEMENT, CITY grants ENGINEER specific authorization to proceed with
WORK described in EXHIBIT A. The time for completion is defined in EXHIBIT A, or as
amended
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SECTION 5 COMPENSATION
5 1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES For the services
described in EXHIBIT A, compensation shall be according to 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. The maximum amount of compensation to the
ENGINEER for Phases 2 and 3, as described in the FEE FOR SERVICE section of EXHIBIT A,
shall not exceed $50,500 00 without the written agreement of the CITY and the ENGINEER.
COMPENSATON ON A LUMP SUM BASIS For the services described in EXHIBIT A,
compensation shall be paid per lump sum fee The maximum amount of compensation to the
ENGINEER for Phase 1, as described in the FEE FOR SERVICE section of EXHIBIT A, shall not
exceed $40,400 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 a reasonable markup, not to exceed ten percent (10%) and on the
basis of current rates when furnished by ENGINEER. Estimated Direct Non -Salary
Expenses are shown in EXHIBIT B
5.1 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
51.2 Telephone charges, computer charges, in-house reproduction charges, first class
postage, and FAX charges are not included in the direct expense costs, but are
considered included in the EXHIBIT C — SCHEDULE OF RATES
513 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 actual costs billed plus a reasonable markup, not to exceed ten percent (10%)
for services provided to the CITY through this AGREEMENT Estimated Subconsultant
costs are shown in EXHIBIT B.
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this
PROJECT shall not exceed 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
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progress toward that end so that the budget or WORK effort can be adjusted if found necessary
The ENGINEER is not obligated to incur costs beyond the indicated budget, as may be adjusted,
nor is the CITY obligated to pay the ENGINEER beyond these limits When any budget has been
increased, the ENGINEER'S excess costs expended prior to such increase will be allowable to
the same extent as if such costs had been incurred after the approved increase, and provided
that the CITY was informed in writing at the time such costs were incurred
5 3 The ENGINEER shall submit to 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 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
5 4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on
the unpaid balance shall accrue beginning with the sixty-first (61) day at the rate of 1 0% per
month or the maximum interest rate permitted by law, whichever is less, provided, however, that
no interest shall accrue pursuant to Chapter 39 76 RCW when before the date of timely payment
a notice of dispute is issued in good faith by the CITY to the ENGINEER pursuant to the terms of
RCW 39 76 020(4)
5 5 Final payment of any balance due the ENGINEER for PROJECT services will be made within
forty-five (45) days after satisfactory completion of the services required by this AGREEMENT as
evidenced by written acceptance by CITY and after such audit or verification as CITY may deem
necessary and execution and delivery by the ENGINEER of a release of all known 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
5 6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY
of any claims, right, or remedy it may have against the ENGINEER under this AGREEMENT or
by law, nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure
or fault of the ENGINEER to satisfactorily perform the PROJECT WORK as required under this
AGREEMENT
SECTION 6 RESPONSIBILITY OF ENGINEER
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
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be construed to operate as a waiver of any rights under this AGREEMENT or at law or any cause
of action arising out of the performance of this AGREEMENT
6 3 In performing WORK and services hereunder, the ENGINEER and its 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
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
6 4 INDEMNIFICATION
6 4 1 ENGINEER agrees to defend, indemnify, and hold harmless the CITY, its elected
officials, agents, officers, employees, agents, and volunteers (hereinafter "parties
protected") from (1) claims, demands, liens, lawsuits, administrative and other
proceedings (including reasonable costs and attorneys fees), and (2) judgments,
awards, losses, liabilities, damages, penalties, fines, costs, and expenses 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 of any kind claimed by third parties, including without limitation
such loss, cost, or expense resulting from injuries to persons or damages to
property, caused solely by the negligence or willful misconduct of the CITY, its
employees, or agents in connection with the PROJECT
6 4 3 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
6 4.4 Nothing contained in this Section or this AGREEMENT shall be construed to
create a liability or a right of indemnification in any third party
6 5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this AGREEMENT shall not be limited in any way by any
limitation on the amount or types of damages, compensation, or benefits payable by or for the
ENGINEER or a subcontractor under workers' or workmens' compensation acts, disability benefit
acts, or other employee benefit acts.
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
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requires that the contractor(s) indemnify and name CITY, the CITY'S and the ENGINEER'S
officers, principals, employees, agents, representatives, and engineers as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability
6 7 SUBSURFACE INVESTIGATIONS In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observation, exploration, and
investigations have been made Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could affect total PROJECT
cost and/or execution These conditions and cost/execution effects are not the responsibility of
the ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate
standard of professional care and judgment in such investigations
SECTION 7 PROJECT SCHEDULE AND BUDGET
7 1 The general PROJECT schedule and the budget for both the entire PROJECT and its component
tasks shall be as set forth in this AGREEMENT and attachments The PROJECT schedule and
performance dates for the individual tasks shall be mutually agreed to by the CITY and the
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
7.2 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
8 1 All internal WORK products of the ENGINEER are instruments or service of this PROJECT
There shall be no reuse, change, or alteration by the CITY or others acting through or 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 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
8.3 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
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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
9 1 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
9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency
9 3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the ENGINEER is afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any supporting documentation
on the pertinent portions of the draft audit report and that the final audit report will include written
comments, if any, of the ENGINEER.
9 4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the PROJECT.
9 5 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
10 1 At all times during performance of the Services, ENGINEER shall secure and maintain in effect
insurance to protect the CITY and the 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 rights 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 AGREEMENT 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 liability limit of the limits required in the policy, subject to minimum limits 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 AGREEMENT The policy shall name the CITY, its
elected officials, officers, agents, employees, and volunteers as additional insureds.
The insured shall not cancel or change the insurance without first giving the CITY thirty
(30) calendar days prior written notice The insurance shall be with an insurance
company or companies rated A -VII or higher in Best's Guide and admitted in the State
of Washington
10 1 2 Commercial Automobile Liability Insurance.
10 1 2.1 If ENGINEER owns any vehicles, before this AGREEMENT is fully executed by
the parties, ENGINEER shall provide the CITY with a certificate of insurance as
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proof of commercial automobile liability insurance and commercial umbrella
liability insurance with a total liability limit of the limits required in the policy,
subject to minimum limits 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
101 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 10 1 1 entitled "Commercial General Liability
Insurance "
10 1 2 3 Under either situation described above in Section 10 1.2 a. and Section
10 1 2 b , 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
of this AGREEMENT The policy shall name the CITY, its elected officials,
officers, agents, employees, and volunteers as additional insureds The
insured shall not cancel or change the insurance without first giving the CITY
thirty (30) calendar days prior written notice The insurance shall be with an
insurance company or companies rated A -VII or higher in Best's Guide and
admitted in the State of Washington
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 liability limit of the limits required in the policy,
subject to minimum limits of Two Million Dollars ($2,000,000 00) per claim, 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 insured shall not cancel or change the insurance without first
giving the CITY thirty (30) calendar days prior written notice The insurance shall be
with an insurance company or companies rated A -VII or higher in Best's Guide 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 there under The CITY and the CITY'S elected officials, officers,
principals, employees, representatives, and agents shall have no obligation for
payment of premiums because of being named as additional insureds under such
insurance None of the policies issued pursuant to the requirements contained herein
shall be canceled, allowed to expire, or changed in any manner 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
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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 following persons or firms for the
purpose of completing this AGREEMENT
® None
11 4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK
completed by subconsultants and subcontractors during the preceding month and copies of all
invoices thereto
SECTION 12 ASSIGNMENT
12 1 This AGREEMENT is binding on the heirs, successors and assigns of the parties hereto This
AGREEMENT may not be assigned by CITY or ENGINEER without prior written consent of the
other, which consent will not be unreasonably withheld 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
141 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 Washington
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 arising under this
AGREEMENT shall be Yakima County, State of Washington
SECTION 15 EQUAL EMPLOYMENT AND NONDISCRIMINATION
15 1 During the performance of this AGREEMENT, ENGINEER and ENGINEER's subconsultants and
subcontractors 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
16.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this
AGREEMENT if unforeseen circumstances beyond CITY'S control are interfering with normal
progress of the WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of
the WORK under this AGREEMENT if unforeseen circumstances beyond ENGINEER's control
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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 the PROJECT in accordance with SECTION 17
SECTION 17 TERMINATION OF WORK
17 1 Either party may terminate this AGREEMENT, in whole or in part, if the other party materially
breaches its obligations under this AGREEMENT and is in default through no fault of the
terminating party However, no such termination may be effected unless the other party is given
(1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt
requested, of intent to terminate, and (2) an opportunity for consultation and for cure with the
terminating party before termination Notice shall be considered issued within seventy-two (72)
hours of mailing by certified mail to the place of business of either party as set forth in this
AGREEMENT
17.2 In addition to termination under 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
17 4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience,
the adjustment pursuant to the AGREEMENT shall include payment for services satisfactorily
performed to the date of termination, in addition to termination settlement costs the ENGINEER
reasonably incurs relating to commitments which had become firm before the termination, unless
CITY determines to assume said commitments.
17 5 Upon receipt of a termination notice under subsections 17 1 or 17.2 above, the ENGINEER shall
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to CITY all originals of data, drawings, specifications, calculations,
reports, estimates, summaries, and such other information, documents, and materials as the
ENGINEER or its subconsultants may have accumulated or prepared in performing this
AGREEMENT, whether completed or in progress, with the ENGINEER retaining copies of the
same
17 6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the
WORK to completion utilizing other qualified firms or individuals, provided, the ENGINEER shall
have no responsibility to prosecute further WORK thereon
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17.7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined
that the ENGINEER has not so failed, the termination shall be deemed to have been effected for
the convenience of CITY In such event, the adjustment pursuant to the AGREEMENT shall be
determined as set forth in subparagraph 17 4 of this Section
17 8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the
ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its
obligations to complete performance under this AGREEMENT without the concurrence and
written approval of CITY If CITY agrees to termination of this AGREEMENT under this provision,
payment shall be made as set forth in subparagraph 17 3 of this Section
SECTION 18 DISPUTE RESOLUTION
18 1 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
AGREEMENT, 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 either of the afore mentioned
methods are not successful then any dispute relating to this AGREEMENT shall be decided in the
courts of Yakima County, 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
19 1 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
20 1 Any notice required to be given under the terms of this AGREEMENT shall be directed to the
party at the address set forth below Notice shall be considered issued and effective upon receipt
thereof by the addressee -party, or seventy-two (72) hours after mailing by certified mail to the
place of business set forth below, whichever is earlier
CITY City of Yakima
2220 East Viola Avenue
Yakima, WA 98901
Attn: Shelley Willson, Acting Wastewater Manager
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ENGINEER. Huibregtse, Louman Associates, Inc
801 North 39th Avenue
Yakima, WA 98902
Attn Jeffrey T Louman, PE, President
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
Printed Name
Tony O'Rourke
Title City Manager
HUIBREGTSE, LOUMAN ASSOCIATES, INC
City Contract No 2013 -
Resolution No R-2013- i,3/
Printed Name Jeffrey T. Louman
Title President
Date 061/Z
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STATE OF WASHINGTON
ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that Tony O'Rourke 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 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
(Signature)
Title
Printed Name
My commission expires.
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STATE OF WASHINGTON
ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that Jeffrey T. Louman, PE is the
person who appeared before me, and said person acknowledged that he/she signed this instrument, on
oath stated that he/she was authorized to execute the instrument, and acknowledged it as the
President of Huibregtse, Louman Associates, Inc. to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated Se,o �' Z�, ZO 17
Seal or Stamp
(Signature)
\/CG -
J
P, '-ry. Lc. 4.-1
Title
Er4c
Printed Name
l ,/c --z o 3
My commission expires. a- % • 1 / Z0'13
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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
ARLINGTON STREET SEWER IMPROVEMENTS
The 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, field investigations, final design, plans and specifications, and
services during construction
PROJECT:
The City of Yakima Wastewater Department desires to rehabilitate the 8 -inch diameter sanitary sewer line
from Ranch Rite Road to East Arlington Street within an alley west of South 6th Street, in conjunction with
the industrial wasteline extension project to Noel Canning Corporation The project includes
reconstruction of the alley including new asphalt paving and storm drainage improvements The project
also includes a full width grind and overlay along Nob Hill Boulevard from the alley through South 6th
Street. In addition to the sanitary sewer improvements, the City desires to extend the industrial wasteline
to Jewel Apple Ltd.
SCOPE OF SERVICES:
PHASE 1 - DESIGN AND FINAL PLANS AND SPECIFICATIONS
• Perform topographic field survey of the alignment required to complete the design, plans and
specifications for publicly bid improvements. Call for underground utility locates prior to survey
• Perform detailed field investigations necessary to design the identified improvements
• Prepare preliminary design plans and specifications.
• 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
• 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
• Review and discuss preliminary plans with CITY staff
• 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
• Prepare the Engineer's Estimate of construction cost.
• 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
• 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
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specifications for one bid call, additional bid packages will be considered additional services
• Send advertisement for bids to the Paper of Record and other papers selected by the CITY
CITY shall pay all advertisement fees.
• Answer and supply such information as is requested by prospective bidders
• Prepare and issue addenda, if necessary
• Attend bid opening and participate in the bid opening and evaluation process.
• Prepare tabulation of all bids received by the CITY and review bidder's qualifications.
• Make recommendation of construction contract award to the lowest responsible bidder
PHASE 2 - SERVICES DURING CONSTRUCTION
• Furnish the field survey crew necessary to set horizontal and vertical control for the
improvements authorized for construction
• 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 Specifications.
• Prepare progress reports on the PROJECT for the days during which a resident engineer is
present and file same with the CITY.
• Consult and advise the CITY during construction and make a final report of the completed work.
• 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.
• Review Contractor's submission of samples and shop drawings, where applicable
• Recommend progress payments for the construction contractor to the CITY
• Prepare and submit proposed contract change orders when applicable
• 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 3 — ADDITIONAL SERVICES
• Provide professional engineering and surveying services for additional work requested by the
CITY that is not included in Phases 1 and 2
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TIME OF PERFORMANCE:
In conjunction with Section 7 of the AGREEMENT, following are anticipated completion times for Phases
of Work.
PHASE 1 - DESIGN AND FINAL PLANS AND SPECIFICATIONS
Plans, specifications, and estimates for all project elements shall be provided within 60 calendar days
following contract execution
PHASE 2 - SERVICES DURING CONSTRUCTION
Engineering services during construction for the PROJECT shall begin upon construction contract award
by 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 60 working
days has been assumed for the construction of improvements (including construction of Noel Canning
Industrial Wasteline Extension 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 60 working days shall be considered additional services
PHASE 3 — 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
FEE FOR SERVICE:
PHASE 1 — DESIGN AND FINAL PLANS AND SPECIFICATIONS
All work for this PROJECT phase shall be performed for the lump sum fee of $40,400 00
PHASE 2 — SERVICES DURING CONSTRUCTION
All work for this PROJECT phase 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 5.1 1
of the AGREEMENT The estimated maximum amount of this phase of work is $50,500 00
PHASE 3 — ADDITIONAL SERVICES
Any additional work requested by the CITY that is not included in Phases 1 and 2 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 5.1.1 of the AGREEMENT
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EXHIBIT B
SCHEDULE OF RATES
FOR
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
Effective 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
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SCHEDULE OF RATES
FOR
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
Effective January 1, 2014, Through December 31, 2014
Licensed Principal Engineer $176 00 per hour
Licensed Principal Land Surveyor $160 00 per hour
Licensed Professional Engineer $145 00 per hour
Licensed Professional Land Surveyor $132 00 per hour
Project Engineer $119 00 per hour
CAD Technician $104 00 per hour
Resident Engineer/Inspector $99 00 per hour
Surveyor $99 00 per hour
Senior Engineering Technician $99 00 per hour
Engineering Technician $70 00 per hour
Word Processing Technician $70 00 per hour
Surveyor on Two Man Crew $95 00 per hour
Surveyor on Three Man Crew $83 00 per hour
Vehicle Mileage $0 55 per mile
Global Positioning Survey System Fee $90 00 per hour
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.s
For Meeting of: 10/15/2013
ITEM TITLE:
SUBMITTED BY:
SUMMARY EXPLANATION:
Resolution authorizing a Professional Services Agreement
with Huibregtse, Louman Associates, INC (HLA) in the
amount not to exceed $90,900 to provide Engineering
Services for the rehabilitation of the existing 8 -inch sewer
line.
Debbie Cook, Director of Engineering and Utilities
Shelley Willson, Acting Wastewater Manager
Marc Cawley, Wastewater Collection Supervisor
The City of Yakima (City) hired HLA to provide engineering services for the installation on an
Industrial Wastewater Line to the Noel Corporation. During analysis of alignment alternatives it
was discovered that the preferred alignment contained an existing domestic sewer line that is
severely eroded. Investigation of possible remedies indicated severe construction space
restrictions created by existing narrow utility right-of-way width, commercial buildings,
commercial access and the heavy commercial delivery activities in the vicinity. These site
characteristics led to the decision to rehabilitate the pipe using Cured In Place Pipe (CIPP)
lining. The CIPP process reduces the overall depth and width of the construction trench and
reduces impacts to local businesses. This process should be carried out while the Noel
Corporation has shut down their process lines during the construction of the Industrial
Wastewater Line to their facility. To ensure that both the new Industrial Line and pipe
rehabilitation;occurs in the two week time period in March 2014 HLA will include the
rehabilitation of the domestic sewer line in the construction of the Industrial Wastewater Line.
This will also result in the project being constructed by one primary contractor.
HLA was originally selected for the Industrial Wastewater Project using the Municipal Research
and Services Center (MRSC) of Washington Roster, a statewide small works and consultant's
roster system, followed by a competitive selection process. Their previous work with the City's
IW project provided the qualifications and expertise necessary to successfully complete this
project.
The terms of the Agreement would be in an amount not to exceed ninety thousand nine
hundred dollars ($90,900). (See attached Agreement with Exhibit A and B.)
Exhibit "A" of the Agreement describes the Scope of Work in more detail.
Exhibit "B" of the Agreement describes the Schedule of Rates
Staff respectfully requests the City Council approve the Resolution authorizing the City Manager
to execute the accompanying contracts.
Resolution: X Ordinance:
Other (Specify):
Contract: X
Start Date: October 21, 2014
Item Budgeted: Yes
Funding Source/Fiscal
Impact:
Strategic Priority: Improve the Built Environment
Insurance Required? No
Mail to: HLA Jeff Louman, PE President, 801 North 39th Avenue
Yakima WA 98902
Phone: 509-966-7000
Contract Term: 12 months
End Date:
Amount: $90,900
Wastewater Collections Capital Fund 476
APPROVED FOR
SUBMITTAL:
City Manager
RECOMMENDATION:
Staff respectfully requests City Council approve the Resolution authorizing the City Manager to
execute the accompanying contract.
ATTACHMENTS:
Description
Upload Date
El Resolution - HLA Arlington Street Sewer 9/26/2013
El HLA Agreement Arlington Seer 9/26/2013
Type
Cover Memo
Cover Memo