HomeMy WebLinkAboutR-2009-163 Water Treatment Plant Backwash Storage Project Service Agreement with Huibregtse, Louman Associates, IncRESOLUTION NO. R-2009-163
A RESOLUTION authorizing the City Manager to execute the attached and incorporated
engineering and consulting services agreement with Huibregtse, Louman
Associates, Inc. for engineering and consulting services associated with
the preliminary design and production of a project report for the Water
Treatment Plant Backwash Storage Project.
WHEREAS, the City of Yakima Water/Irrigation Division requires engineering,
consulting services and construction associated with the Water Treatment Plant Backwash
Storage Project; and
WHEREAS, the City of Yakima Water/Irrigation Division representatives have complied
with the provisions of RCW 39.80 which concerns the procurement of engineering and
architectural services by a city; and
WHEREAS, the City of Yakima Water/Irrigation Division representatives will continue to
comply with the provisions of RCW 39.80 which concerns the procurement of engineering and
architectural services by a city for future engineering and architectural services; and
WHEREAS, Huibregtse, Louman Associates, Inc. has the necessary expertise and
experience to perform and provide the required engineering and construction management
services and is willing to do so in accordance with the attached agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City to enter into
an agreement with Huibregtse, Louman Associates, Inc., for engineering and consulting
services associated with the design and construction of the Water Treatment Plant Backwash
Storage Project; and
WHEREAS, the City Council deems it to be in the best interest of the City to authorize
the City Manager to execute all other documents related to the design, contract administration
and construction associated with the Water Treatment Plant Backwash Storage Project; Now,
Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated engineering and consulting services agreement with Huibregtse, Louman
Associates, Inc. for engineering and consulting services associated with the design of the
Water Treatment Plant Backwash Storage Project.
ADOPTED BY THE CITY COUNCIL this 1 day o 20
ATTEST:
David Ed , Mayor
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this /rim day of 2009, by and
between the City of Yakima, Washington, a municipal corporation with principal offices at 129 North
Second Street, Yakima, WA 98901, hereinafter referred to as "CITY", and HUIBREGTSE, LOUMAN
ASSOCIATES, INC., 801 North 39"' 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 WATER TREATMENT FACILITY
BACKWASH STORAGE PROJECT, City of Yakima Project No WA2259, 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 prove 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,
Theodore W. Pooler, 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, entitled
`WATER TREATMENT FACILITY BACKWASH STORAGE PROJECT' (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 mariner, delete portions of the
PROJECT, or request that the ENGINEER perform additional 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
Page 1
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 B, 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.
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 toAhe CITY that constitute hazardous waste contamination
on the PROJECT site as determined by an authorized regulatory agency.
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 contractural
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 mete 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 at 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.
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 C - Schedule of Specific
Hourly Rates attached hereto and incorporated herein by, this reference, on a time spent basis
plus reimbursement for direct non -salary expenses.
Page 2
5 1 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 ENGINEERS 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
fumished by ENGINEER. Estimated Direct Non -Salary Expenses are shown in Exhthit B.
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 depredation
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 Schedule of Specific Hourly Billing Rates.
51.3 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 Estimated Subconsuttant 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 $16,869.00_ 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
ENGINEERS exoess 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 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 subconsuttant 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
Page 3
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 Tess; 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 39/6 020(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 (mown 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 daims, 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
fautt of the ENGINEER to satisfactorily perform the PROJECT WORK as required under this
Agreement.
SECTION 6 RESPONSIBILITY OF ENGINEER
6.1 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
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 itsetf out as, nor daim to be, an officer or
employee of CITY by reason hereof and will not make any claim, demand, or application to or for
any rigid 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:
(a) 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, lien, 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
Page 4
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.
(b) 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, caused solely by the negligence or willful misconduct of the CITY, its
employees, or agents in connection with the PROJECT.
(c) 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.
(d) 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 workmen' compensation acts, disability benefit acts, or
other employee benefit acts. The ENGINEER specifically and expressly waives its immunity
under the Industrial Insurance Act, Title 51, RCW Such waiver has been mutually negotiated by
the ENGINEER and the CITY as evidenced by their specific and express initialing of this
paragraph.
ENGINEER'S INITIALS CITY'S INITIALS
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
contractors insurance policies covering PROJECT, exdusive 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 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
PRO° 5
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 govemrnentai agencies and/or to the public.
SECTION 8 REUSE OF DOCUMENTS
8.1 All intemal 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 pion 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, Tosses,
and costs including, but not limited to, litigation expenses and attomey'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 ads 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, trademaris, 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
9.1 The ENGINEER, including its subconsultants, shall maintain boofcs, 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 verity 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
101 .At all times during performance of the Services, ENGINEER shall secure and maintain in effect
insurance to protect the City and from and against all claims, damages,
losses, and expenses arising out of or resulting from the performance of this Contract.
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 dearly 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 officals, officers, agents, employees, and volunteers as additional
insureds, and shall contain a dause 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 liablity 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.
a. 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.
b. If ENGINEER does not own any vehicles, only "Non -owned and Hired
Automobile Liablity' will be required and may added to the commercial liability
coverage at the same limits as required in that section of this Contract, which is
Section 122 entitled 'Commercial Liability Insurance'.
c. Under either situation described above in Section 3.a and Section 13.b, the
required certificate of insurance shall dearly 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 charge 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 Ilablity 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.
Page 7
10 1 3. Statutory workers' compensation and employer's liability insurance as required by state
law.
10 1 4 Professional Liability Coverage. Before this Contrail 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 shalt dearly 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 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 mad 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. tf 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 contract
Failure of either or ail of the additional insureds to report a daim 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 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 subconsuttants 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 subconsuttant 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 does not anticipate ENGINEER subcontracting with any additional persons or firms for the
purpose of completing this Agreement.
11.4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK
completed by subconsuttants 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
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 appticable taws, 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
15 1 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 taw. This provision shall indude but not be limited to the following: employment,
upgrading, demotion, transfer, recruitrnent, 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 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
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 fess
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 17.1 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 ENGINEERS breach. In such event, CITY shall
consider the amount of WORK originally required which was satisfactorily completed to date of
Pages
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 defautt. 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 defautt 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 171 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.
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. tf 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 contract, and if
the parties hereto cannot mutually settle such differences, then the parties shall first pursue
mediation as a means to resolve the dspute. If the afore mentioned methods are either 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 NOTICE
19.1 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
2301 Fruitvale Boulevard
Yakima, WA 98902
Attn: Mr. David Brown, Water/lrrigation Manager
Page 10
ENGINEER: HUIBREGTSE, LOUMAN ASSOCIATES, INC
801 North 39m 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.
CITY OF YAKIMA
Signature
Printed Name: R.A. Zais. Jr.
Title: City Manager
Date: /2/4109
1.
Attest
Signature
Printed Name. Theodore W. Pooler, PE.
Title: Vice President
Date: October 26. 2006
Deborah Kloster, City
City Contract No. .09- /.9.1-
Resolution
4 o -
Resolution No
STATE OF WASHINGTON
COUNTY OF YAKIMA
)ss.
1 certify that I know or have satisfactory evidence that R.A ZAIS, JR. 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: a -4/-0 9
Seal or Stamp
Printed Name
My commission expires: c 3 -IX-I.°
STATE OF WASHINGTON
)ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that THEODORE W POOLER 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 Vice President of
Huibregtse, Louman Assoc, Inc., to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument
Dated: .I_ LQ ,A Qty/ l Q. 2 0 0 9
Seal or Stamp
.5V
(Signature)
Title L -q11-4- PI -1"4 -L" -
S L& s cLvt (V1. S h col
Printed Name
My commission expires: 2013
Page 13
EXHIBIT A
WATER TREATMENT FACILITY
BACKWASH STORAGE PROJECT
SCOPE OF WORK
During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection
with the following PROJECT.
WATER TREATMENT FACILITY BACKWASH STORAGE PROJECT
City of Yaldma Project No. WA2259
This scope of work shall include the furnishing of all services, tabor, materials, equipment, supplies, and
incidentals necessary to conduct and complete the work as indicated hereinafter for the following
described water treatment facility project
The City of Yakima's Neches River Water Treatment Facility discharges backwash water to an
existing unlined earthen storage basin. Solids settle out and water is recycled back to the
beginning of the water treatment process. The solids are periodically dredged from the basin,
placed on the adjacent ground, and allowed to dry before being hauled to the landfill for disposal.
The City would like to replace this unlined basin with a new backwash water settling and storage
basin. The first phase of the PROJECT will establish design criteria, examine alternatives,
estimate costs, and make recommendations for new, lined backwash storage basins. Proposed
improvements will need approval of the Washington State Department of Health Drinking Water
Program, and a Project Report, describing the type and scope of the improvements, will be
required. The first phase of the PROJECT will culminate with the Department of Heath approval
of the Project Report.
This scope of work is prepared and offered with the following understanding:
CITY shall provide full information as to project requirements.
+ CITY shall assist the ENGINEER by placing at his disposal all available all available information
pertinent to the Project including previous reports, drawings, plats, surveys, easements, utility
records, and any other data relative to design and cordon of the Project
.�, CITY shall examine all studies, reports, sketches, estimates, specifications, drawings, proposals,
and other documents presented by the ENGINEER and render decisions in writing pertaining
thereto within a reasonable time so as not to delay the work of the ENGINEER
CITY shall pay for all costs required to submit and obtain necessary permits for the Project and
incidentals thereto.
CITY shall make contact with and provide information to all affected property owners and
coordinate required meetings.
6 CITY shall obtain approval of all governmental authorities having jurisdiction over the PROJECT
and such approvals and consents from such other individuals or bodies as may be necessary for
completion of the PROJECT.
CITY shall make environmental determination as required for the scope of the proposed
improvements.
Collect and Review Bacimround Irdormation
1 Review existing water treatment plant operations, including backwash procedures, frequency,
and volumes.
2. Review existing backwash basin performance, leaning frequency, sludge volumes, solids
disposal procedures, and supernatant recycle rates and volumes.
Pagel4
3 Obtain and review existing piping plans and hydraulic profiles.
4 Obtain existing water treatment facility flows, including maximum day, maximum month and
annual average. Consider seasonal variation in backwash frequency based on system demands
and water quality
5. Project future backwash volumes and basin sizes needed to meet Tong -term water treatment
facility capacity requirements.
Develop Design Alternatives
6. Develop backwash storage basin altematives, considering design backwash volumes, site
limitations, and solids disposal options and costs. Use existing limited topographic survey and
aerial photos for base mapping.
7 Prepare exhibits of preliminary design alternates
8. Discuss preliminary design alternates with City Water/Irrigation staff. The City will determine the
preferred altemate for further examination.
Prepare Department of Healjh Prolect Report
9. Prepare a preliminary project cost estimate based on the preferred alternate conceptual design.
10. Prepare Project Report meeting the requirements of the Department of Health Water System
Design Manual. The report will include the sections agreed to with the Department of Health, and
will reference the City of Yakima's approved water system plan, where appropriate. Anticipated
sections in the report include project description, analysis of alternatives including estimated
costs, design criteria, engineering calculations, and operation and maintenance considerations.
Submit draft report to City for review.
11 Meet with City Water/Irrigation staff, and City Council if requested, to discuss conceptual design,
project impacts, and estimated costs. Revise draft report as required based on City review
comments.
12. Prepare SEPA Checklist for City's use in issuing an environmental determination. (A Mitigated
Determination of Non -Significance (MDNS) is anticipated.) Include list of required permits
13. Submit Project Report to the Department of Health for approval. City will provide SEPA
environment determination indusion in the report.
14 Incorporate Department of Health comments into Project Report, as required, and obtain final
report approval.
Time of Completion
The project report will be submitted to the Department of Health, Office of Drinking Water, Eastern Region
Office, within 30 working days of the Notice to Proceed. Department of Health review comments will be
incorporated into the final report, and the report resubmitted to the Department of Health within 10
working days of the receipt of review comments.
Page 15
Deskin and Construction Phase Services
The following professional services work for subsequent project phases (Design, Final Plans and
Specifications; and Services During Construction) is provided for information only at this time. The scope
and cost of these subsequent phases of professional services are intended to be negotiated and
incorporated into this agreement by supplement/addendum at a later date, 'with the mutual agreement of
CITY and ENGINEER, based on the proposed water treatment plant improvements identified in the
Project Report.
DESIGN. FINAL PLANS AND SPECIFICATIONS
This project phase will culminate with award of the construction contract to the lowest responsive
responsible bidder
A Perform field investigations and field surveying necessary to design the project
B. Contact permitting agencies and incorporate environmental mitigation requirements into project
design. If approved Project Report information is adequate, begin applying for necessary
permits.
C Prepare the preliminary design and present preliminary plans to the CITY prior to detailing final
Plans.
D. Continue permitting process, as required using preliminary plans.
E. On the basis of approved preliminary plans, perform the final design and prepare complete Plans
and Specifications for bid call on the proposed work, as authorized by the CITY.
F Submit Plans and Specifications to Washington State Department of Health (DOH) for review.
Incorporate DOH comments into final Plans and Specifications for approval.
G Fumish the CITY thirty (30) copies of the final Plans and Specifications for bidding and
construction.
H. Answer questions and supply such information as is requested by prospective bidders
Prepare and issue addenda, if necessary
J Prepare the Engineer's Estimate of construction cost.
K. Attend bid opening and participate in the bid opening and evaluation process.
L. Prepare tabulation of all bids received by the CITY and review bidder's qualifications
M. Make recommendation of construction contract award to the lowest responsive responsible
bidder.
SERVICES DURING CONSTRUCTION
This phase will culminate in a completed project and submittal of the construction completion report to the
Washington State Department of Health.
A. Furnish the field survey crew necessary to set horizontal and vertical control for the
improvements authorized for construction.
Page 16
B. Fumish 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.
C Prepare progress reports on the Project and file same with the CITY and provide monthly
progress estimates to the CITY
D Consult and advise the CITY during construction and make a final report of the completed work.
E. Monitor the construction contractor's compliance with State labor standards.
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.
Prepare and fumish reproducible record drawings of all completed work from as -built drawings
furnished by the CITY's construction contractor
J Submit completion of construction report to DOH.
EXHIBIT B
WATER TREATMENT FACILITY BACKWASH STORAGE PROJECT
Professional Fees — Preparation of Project Report
Compensation for professional services will be on a time spent basis at the specific hourly rates shown on
Exhibit C, plus reimbursement for direct non -salary expenses.
The following table shows the estimated time and expenses to perform the professional services for the
WORK The maximum amount of compensation to the ENGINEER for this WORK will be $16,869 00
This maximum amount will not be exceeded without the written agreement of the CITY and the
ENGINEER.
PROJECT TITLE: WATER TREATMENT FACILITY BACKWASH STORAGE PROJECT — PROJECT REPORT
CLIENT CITY OF YAKIMA
JOB NUMBER: 09 Huibregtse, Lotman Associates, Inc..
DATE. October 13, 2009
ENGINEERS HOURLY ESTIMATE
NO
PROJECT TASK
licensed
PrOlectTASK ETASK
iineerg neer
CAD
Technician
tAford
TPrincipal in
TOTAL
HRS
DIRECT
COSTS
$148
$101
$89
$59
1
Meet with City
2
2
0
0
4
498.00
2
Review existing data
4
8
0
0
12
1,400.00
3
Project future loadings
2
4
0
0
6
700.00
4
Develop alternates
8
16
4
0
28
3,156.00
5
Prepare exhibits
4
8
8
1
21
2,171.00
6
Review meeting wrlh City
2
2
0
0
4
498.00
7
Develop cost estimates
2
6
1
0
9
991.00
8
Prepare Project Report
8
24
8
6
48
4,674.00
9
Review meeting with City
2
2
0
0
4
498.00
10
Prepare SEPA Checklist
2
6
2
1
11
1,139.00
11
Revise and finalize report
4
4
1
1
10
1,144.00
Labor Subtotal
40
82
24
9
155
16,869.00
EXPENSES: None anticipated.
Misc. expenses: None anticipated.
Sub -Consultants: None anticipated.
Subtotal - Labor
16,869.00
Subtotal — Expenses
0.00
Subtotal — Subconsultants
0.00
Total - BACKWASH STORAGE PROJECT REPORT
$16,869.00
Page 18
EXHIBIT C
Schedule of Hourly Billing Rates
Effective January 1, 2009, through December 31, 2009
Licensed Principal Engineer $148.00 per hour
Licensed Principal Land Surveyor $136.00 per hour
Licensed Professional Engineer $123.00 per hour
Licensed Professional Land Surveyor $112.00 per hour
Project Engineer $101.00 per hour
CAD Technician $89.00 per hour
Resident Engineer/Inspector $84.00 per hour
Surveyor $84.00 per hour
Senior Engineering Technician $84.00 per hour
Engineering Technician $59.00 per hour
Word Processing Technician $59.00 per hour
Surveyor on Two Man Crew $80.50 per hour
Surveyor on Three Man Crew $70.00 per hour
Vehicle Mileage $0.40 per mile
Global Positioning Survey System Fee $78.00 per hour
Page 19
EXHIBIT C
Schedule of Hourly Bitting Rates
Effective January 1, 2010, through December 31, 2010
Licensed Principal Engineer $154.00 per hour
Licensed Principal Land Surveyor $142.00 per hour
Licensed Professional Engineer $128.00 per hour
Licensed Professional Land Surveyor $116.00 per hour
Project Engineer $105.00 per hour
CAD Technician $92.00 per hour
Resident Engineer/Inspector $87.00 per hour
Surveyor $87.00 per hour
Senior Engineering Technician $87.00 per hour
Engineering Technician $61.00 per hour
Word Processing Technician $61.00 per hour
Surveyor on Two Man Crew $83.50 per hour
Surveyor on Three Man Crew $72.67 per hour
Vehicle Mileage $0.45 per mile
Global Positioning Survey System Fee $80.00 per hour
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. N'i3
For Meeting of December 1, 2009
ITEM TITLE: An engineering and consulting services agreement with Huibregtse, Louman
Associates, Inc. for the preliminary design and production of a project report for the
Water Treatment Plant Backwash Storage Project
SUBMITTED BY: Dave Brown, Water/Irrigation Manager
Dave Zabell, Assistant City Manager
CONTACT PERSON/TELEPHONE: Dave Brown / 575-6204
SUMMARY EXPLANATION:
The existing backwash storage/recycle lagoon is undersized and very difficult to clean. As the new
backwash recycle rules are implemented in 2011, we must have the capability to control the backwash
return flow in proportion to the Water Treatment Plant flow. These deficiencies were outlined in our
2004 Water System Plan. The plan also anticipated this project to be designed and constructed in
2010/2011.
This project would design a facility with the capability to control the return flow and adequate size
along with the ability to clean the lagoon easier. The first steps in the design will be to determine the
requirements, develop a project report for the Department of Heath, complete a preliminary design
and finalize the scope of work for the actual design and contract management.
When the preliminary design and project report are completed an addendum to this contract will be
developed and brought back for Council deliberation.
Design cost not to exceed
$16,869.00
Resolution X Ordinance Other (Specify)
Contract X Mail to: Ted Pooler, HLA 801 N. 39th Avenue, Yakima 98902 Phone: 509-966-7000
Funding Source
APPROVED FOR SUBMITTAL: City Manager
STAFF RECOMMENDATION: Approve resolution authorizing the City Manager to execute the
accompanying contract for the preliminary design and production of a project report by Huibregtse,
Louman Associates, Inc. of Yakima, Washington for the Water Treatment Plant Backwash Storage
Project.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
f?2 ad��! lia009 -/63