HomeMy WebLinkAboutR-2009-134 North 40th Avenue Improvements Study Agreement with Huibregtse, Louman Associates, Inc.RESOLUTION NO. R-2009-134
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a
contract with Huibregtse, Louman Associates, Inc. to provide professional
engineering services for the North 40th Avenue Improvements Study.
WHEREAS, the City of Yakima is evaluating traffic and transportation planning in the area from
North 40th and Englewood to River Road/Powerhouse Road ("Project Area");
WHEREAS, Hubregtse, Louman Associates, Inc. ("HLA") has the specialized experience and
expertise, which the City does not possess, to provide professional engineering services and advise
the City on traffic and transportation in the Project Area; and
WHEREAS, HLA has submitted a detailed Scope of Services which meets the City's
requirements and is willing to provide the services in compliance with the City's requirements; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is herby authorized and directed to execute the
attached and incorporated "Agreement Between City of Yakima, Washington and Huibregtse,
Louman, Inc. For Professional Services" for the North 40th Avenue Improvements Study and advise
the City on traffic and transportation planning in the Project Area.
ADOPTED BY THE CITY COUNCIL this 6th day of ober, 2009.
ATTEST:
David Edler, Mayor
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made/and entered into on this 024 TA day of (7c.To Lex , 2009, by and
between the City of Yakima, Washington, with principal offices at 129 North Second Street, Yakima, WA
98901, hereinafter referred to as "CITY," and HUIBREGTSE, LOUMAN ASSOCIATES, INC., 801 North 39th
Avenue, Yakima, WA 98902 and which corporation and its principal engineers performing this Agreement are
licensed and registered to do business in the State of Washington, hereinafter referred to as "ENGINEER," for
the NORTH 40TH AVENUE IMPROVEMENTS STUDY, herein called the "PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for the NORTH
40TH AVENUE IMPROVEMENTS STUDY, as described in this Agreement and subsequent Amendments
thereto; and
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with expertise
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 Jeffrey T
Louman, PE, as Principal -in -Charge, and Michael T. Battle, PE, as Project Manager 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 "City of
Yakima - NORTH 40TH AVENUE IMPROVEMENTS STUDY" (WORK) which is 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
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 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.
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2.2.2 Compensation for each such request for Additional Services will be negotiated by the CITY and the
ENGINEER according to the provisions set forth in Exhibit C 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
receipt by the ENGINEER of the written notification of change or of providing services related to an
asserted change, whichever is earliest.
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.
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 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 on a time spent basis plus reimbursement for direct non -salary expenses.
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 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 when furnished by commercial sources and on the basis of current rates when
furnished by ENGINEER. Estimated Direct Non -Salary Expenses are shown in Exhibit B.
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5.1 1 2 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 $40 per day
per person. This rate may be adjusted on a yearly basis
•s 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.
5.1.2 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.
5.1 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 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 that amount set forth in Exhibit B. The ENGINEER will make reasonable efforts to
complete the WORK within the budget and will keep CITY informed of progress toward that end so
that the budget or WORK effort can be adjusted if found necessary. The ENGINEER is not obligated
to incur costs beyond the indicated budget, as may be adjusted, nor is the CITY obligated to pay the
ENGINEER beyond these limits. When any budget has been increased, the ENGINEER'S excess
costs expended prior to such increase will be allowable to 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 will use its best efforts to submit to the City's Representative by the 10th day of each
calendar month an invoice for payment for PROJECT services completed through the accounting cut-
off day of the previous month. Such invoices shall be for PROJECT services and WORK performed
and costs incurred prior to the date of the invoice and not covered by previously submitted invoices.
The ENGINEER shall submit with each invoice a summary of time expended on the PROJECT for the
current billing period, copies of subconsultant invoices, and any other supporting materials determined
by the City necessary to substantiate the costs incurred. CITY will use its best efforts to pay such
invoices within thirty (30) days of receipt and upon approval of the WORK done and amount billed.
CITY will notify the ENGINEER promptly if any problems are noted with the invoice. CITY may
question any item in an invoice, noting to ENGINEER the questionable item(s) and withholding
payment for such item(s). The ENGINEER may resubmit such item(s) in a subsequent invoice
together with additional supporting information required.
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 39.76.020(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 claims against
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CITY arising under or by virtue of this Agreement, other than such 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
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 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:
(a) ENGINEER agrees to indemnify, defend, and hold the CITY harmless from Toss, 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 ENGINEER, its employees, officers, and
subconsultants in connection with the PROJECT. In the event that any lien is placed upon
the property of the CITY 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 Toss, 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.
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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. The ENGINEER 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 n[ CITY'S INITIALS
6.6 Itis understood that any resident engineering or Construction Observation 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 the safety of construction work, or for compliance by contractors with laws and
regulations. CITY shall use its best efforts to ensure that the construction contract requires that the
contractor(s) indemnify and name CITY, the CITY'S and the ENGINEER'S officers, principals,
employees, agents, representatives, and engineers as additional insureds on contractor s insurance
policies covering PROJECT, exclusive 'of insurance for ENGINEER professional liability.
6.7 SUBSURFACE INVESTIGATIONS: Insoils, foundation, groundwater, and other subsurface
irivestigations, 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 Attachment D, Project Schedule. The project
schedule and performance dates for the individual tasks shall be mutually agreed to by the CITY and
the ENGINEER within fifteen 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 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 in behalf of the CITY
without written permission of the ENGINEER, which shall not be reasonably withheld 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
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claims, damages, losses, and costs including without limitations litigation expenses and attorney fees
where caused by the ENGINEER's own 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.
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 substantially the foregoing paragraphs are included in each
subcontract for WORK on the Project.
9.5 Any charges of the ENGINEER paid by the CITY found by an audit to be inadequately substantiated
shall be reimbursed to the CITY.
SECTION 10 INSURANCE
10.1 Prior to beginning WORK under this Agreement, the ENGINEER shall provide Certificates of
Insurance satisfactory to the CITY as evidence that policies providing the following coverage and
limits of insurance are in full force and effect. The CITY and the CITY'S directors, officers, principals,
employees, representatives, and agents shall be designated as additional insured on all such policies
except for professional liability and Worker's Compensation. Such insurance shall be primary to the
extent covered as additional insureds and other insurance maintained or carried by the CITY shall be
separate and distinct and shall not be contributing with the insurance listed hereunder.
10.1.1 Commercial general liability insurance, including personal injury liability, blanket contractual liability,
and broad -form property damage liability coverage. The combined single limit for bodily injury and
property damage shall be not less than $1,000,000 per occurrence.
10.1.2. Automobile bodily injury and property damage liability insurance covering owned, non -owned, rented,
and hired cars. The combined single limit for bodily injury and property damage shall be not less than
$1,000,000 per occurrence.
10.1.3. Statutory workers' compensation and employer's liability insurance as required by state law.
10 1.4. Professional liability insurance. The limit of liability shall be not less than $2,000,000. The policy
should have a retroactive date prior to the date of this contract or provide full prior acts. The coverage
will continue for one year following the completion of the contract.
10.1.5. Umbrella liability limits of $1,000,000 over and above the underlying commercial liability and
automobile liability,
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Failure of either or all of the additional insureds to report a claim under such insurance shall not
prejudice the rights of the CITY, its officers, employees, agents, and representatives thereunder. The
CITY and the CITY'S officers, principals, employees, representatives, and agents shall have no
obligation for payment of premiums because of being named as additional 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 so as to affect the rights of the City thereunder
until thirty (30) days after written notice to the CITY of such intended cancellation, expiration, or
change
SECTION 11 SUBCONTRACTS
11.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract any
portion of the WORK to be performed under this Agreement.
11.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any
substitutions thereof, will be subject to prior approval by CITY, which approval shall not be
unreasonably withheld. Each subcontract shall be subject to review by the CITY'S Representative, if
requested, prior to the subconsultant or subcontractor proceeding with the WORK. Such review shall
not constitute an approval as to the legal form or content of such subcontract. The ENGINEER shall
be responsible for the architectural and engineering performance, acts, and omissions of all persons
and firms performing subcontract WORK.
11.3 CITY hereby authorizes the ENGINEER to subcontract with the persons and firms listed below:
None arntcipated..
•
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.
SECTION 13 INTEGRATION
13.1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with respect to
those matters covered herein. This Agreement may not be modified or altered except in writing
signed by both parties.
SECTION 14 JURISDICTION AND VENUE
14 1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in that state. If any part of this Agreement
is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it
conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. Venue of
all disputes shall be Yakima County, State of Washington.
SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION
15.1 In connection with the Services under this Agreement, ENGINEER agrees to comply with the
applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination
statutes and regulations.
15.2 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,
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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.
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 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 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 subparagraph A 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.
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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. 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 ARBITRATION
18.1 All claims, counterclaims, disputes, and other matters in question arising out of, or relating to, this
AGREEMENT or the breach thereof may be decided by arbitration in accordance with the
Construction Industry Arbitration Rules of the American Arbitration Association then obtaining. Either
CITY or ENGINEER may initiate a request for such arbitration, but consent of the other party to such
arbitration shall be a necessary precondition to arbitration.
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 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 and Irrigation Manager
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.
CITY OF YAKIMA HUIBREGTSE, LOUMAN ASSOCIATES, INC.
Signature
Printed Name:
R. A. Zais, Jr.
Printed Name:
Jeffrey T. Louman
Title: Title:
City Manager
President
STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA )
I 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 CITY OF YAKIMA to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: 1 DINO 0 9
Seal or Stamp
Qal‘tt
apat
(Signature)
f\k)-1-0-9 Pwbt,f e,
Title r RDM
Catty R. Price, �
Printed Name
My commission expires: 5 / 3
Page 10
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 signed this instrument, on oath stated that he 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: `1. — 18 - Oq
Seal or Stamp
.0011110 I 114.
0" VA 8 NAIrit,
hMP •.49
•=1
of
(Signature)
Title
Printed Name
My commission expires.
Page 11
EXHIBIT A
CITY OF YAKIMA - NORTH 40TH AVENUE IMPROVEMENTS STUDY
SCOPE OF WORK
During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection with
the following project:
City of Yakima - NORTH 40TH AVENUE IMPROVEMENTS STUDY
This scope of work shall include the furnishing of all services, labor, materials, equipment, supplies, and
incidentals necessary to conduct and complete the work as indicated hereinafter The work to be performed
involves project management, and project formulation, investigation, and preliminary engineering.
Preliminary Investigation
1. Review existing transportation studies, traffic analysis reports and Tong -range improvement plans of
the 40th Avenue corridor. Obtain the most recent traffic count information from the City. The City's
Yakima Urban Area Transportation Plan Update, 2025 (Adopted by City Council, December 12, 2006)
provides a thorough review of the current status and future traffic impacts will be to this arterial. The
Yakima Urban Area Comprehensive Plan 2025 (Final Adopted Version, December 2006) also
addresses this important corridor.
Summarize the important safety and capacity issues and improvement recommendations identified in
these documents.
2. Interview City staff in the Department of Public Works Traffic Engineering, Street Maintenance, and
Utilities Divisions, Engineering and Planning Departments, and Police, Fire, and Transit for their input
on 40th Avenue issues and future improvements.
3. Using Yakima County Assessor information, prepare a base overall right-of-way and property owner
exhibit map to serve as a basis for owner contacts and for preparation of future right of way plans.
4. Contact property owners such as the churches on the west side of 40th Avenue, which could be
potentially impacted by any proposed improvements.
5. Summarize the information obtained from City staff interviews and property owner contacts. Meet with
City Public Works staff to review the summary. Define any new issues to be addressed that were not
previously identified in existing studies and reports.
Develop Design Alternatives
6. Perform limited topographic survey of 40th Avenue corridor from 1000' south of Englewood Avenue to
300 feet north of River Road and including 300' east and west of 40th Avenue on Englewood Avenue.
The topographic survey will be limited to the existing curb lines, back of sidewalks, and elevation
grade breaks of the existing ground to the outside edge of potential impacted areas. We propose to
perform this limited topographic survey of the existing roadway early in the project in order to assess
retaining wall and/or sloping requirements due to elevation differences and to provide this valuable
information during review of design alternatives.
7. Prepare aerial photograph exhibits of preliminary design alternates for corridor improvements. The
base improvements are to include a five -lane street section with four travel lanes, a center two-way
left turn lane, two 5 -foot wide bicycle lanes, and 7 -foot sidewalks on both sides. Examples of
alternates to be considered are:
❖ Intersection improvements at the Englewood Avenue intersection including the possibility of
Page - 12 -
northbound -to -eastbound and southbound -to -westbound right -turn only lanes and larger
corner radii.
❖ Moving bicycle lanes out of the asphalt roadway and combining them with the pedestrian
sidewalks, or designating an alternate bicycle route off of 40th Avenue.
❖ Eliminating left turns into and from Powerhouse Road (at Fechter Road) to improve both the
safety and capacity of.40-Avenue.
❖ Improving the River Road intersection by lengthening the northbound -to -westbound left -turn
lane and adding right -turn only lanes southbound -to -westbound and eastbound -to -
southbound.
8. Discuss preliminary design alternates with City Public Works staff and City Council, if requested. The
City will determine the preferred alternate for further examination.
Preferred Alternate Conceptual Design
9. Prepare preliminary topographic plan and profile sheets of existing alignment. Identify existing right-
of-way and all easements within the corridor.
10. Develop conceptual design plans of the preferred alternate in order to determine impacts of widening
improvements on adjacent properties. Identify right-of-way acquisition requirements and prepare
preliminary right-of-way plans.
11. Prepare a preliminary project cost estimate based on the preferred alternate conceptual design.
12. Meet with City Public Works staff, and City Council if requested, to discuss conceptual design, project
impacts, and estimated costs.
Potential Additional Services
13. Obtain title reports, and prepare right-of-way legal descriptions and exhibit maps for City use to
acquire additional right-of-way.
14. Assist City staff with initial property owner contacts to discuss future 40th Avenue improvements and
potential right-of-way acquisition.
15. Assist City staff with any neighborhood and/or general public meetings regarding future improvements
of the 40m Avenue corridor.
Page - 13 -
EXHIBIT B
40TH AVENUE IMPROVEMENTS STUDY
Professional Fees
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 spreadsheet, EXHIBIT B ATTACHMENT, shows the estimated time and expenses to perform
the Scope of Services outlined in EXHIBIT A for this 40TH AVENUE IMPROVEMENTS STUDY work. The
maximum amount of compensation to the ENGINEER for this work, including Property Acquisition Assistance,
if authorized by the CITY, will be $47,390.00. This maximum amount will not be exceeded without the written
agreement of the CITY and the ENGINEER.
Page - 14 -
EXHIBIT C
SCHEDULE OF RATES
FOR
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
(January 1, 2009, Through December 31, 2009)
Licensed Principal Engineer
Licensed Principal Land Surveyor
Licensed Professional Engineer
Licensed Professional Land Surveyor
Project Engineer
CAD Technician
Resident Engineer/Inspector
Surveyor
Senior Engineering Technician
Engineering Technician
Word Processing Technician
Surveyor on Two Man Crew
Surveyor on Three Man Crew
Vehicle Mileage
Global Positioning Survey System Fee
Page -15-
$148.00 per hour
$136.00 per hour
$123.00 per hour
$112.00 per hour
$101.00 per hour
$89.00 per hour
$84.00 per hour
$84.00 per hour
$84.00 per hour
$59.00 per hour
$59.00 per hour
$80.50 per hour
$70.00 per hour
$0.40 per mile
$78.00 per hour
EXHIBIT C
SCHEDULE OF RATES
FOR
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
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
Page - 16 -
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. f s
For Meeting of October 6, 2009
ITEM TITLE: Consideration of a resolution authorizing a Professional Services Agreement
with Huibregtse, Louman Associates, Inc. for the North 40th Avenue
Improvements Study
SUBMITTED BY: Chris Waarvick Public Works Director
CONTACT PERSON/TELEPHONE: Joe Rosenlund, Street & Traffic Operations Manager
(509) 576-6430
SUMMARY EXPLANATION:
During the 2009 budget process, the City Council approved a budgeted policy issue for the
40th Avenue Corridor Traffic Movement Improvement Study.
North 40th Avenue already is the highest volume street corridor and traffic continues to increase.
This study will identify what expansion and capacity improvements could be made along North 40th
Avenue from Englewood (including intersections) to River Road/Powerhouse Road. -
Resolution X Ordinance _ Contract _ Other (Specify)
Funding Source: Traffic Engineering Professional Services Fund—$47,000
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt the resolution authorizing and directing the City Manager of the
City of Yakima to execute a contract with Huibregtse, Louman Associates, Inc. to provide
professional engineering services for the North 40th Avenue Improvements Study
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
COUNCIL ACTION:
. EXHIBIT B - ATTACHMENT - Estimated Professional Fees
City of Yakima
40th Avenue Improvements Study - Englewood to River Road
Task No.
Task Description
Total Task g
Cos•t ai l4o
Rifling Rate
Total
Hours
Principal
Engineer
Princ.
Surveyor
Prof.
Surveyor
Prof.
Engineer
CAD
Operator
Proj.
Engineer
Senior
Eng.
Technician
Eng.
Technician
Word
Procss.
Technician
2 -Man
Survey
Crew
3 -Man
Surey
Crew
GPS
Hourly Billing Rate (2009)
?:r,, _
$148
$136
$112
$123
$89
$101
$84
$59
$59
$161
$210
$78
PRELIMINARY INVESTIGATION
1
Review Existing Studies and Reports
;183800,'
6
4
0
0
2
0
0
0
0
0
-o
0
0
2
Meet with City Staff to Discuss Issues
x48838.001
6
4
0
0
2
0
0
0
0
0
0
0
0
3
Identify Existing RAN and Easements
A, i$2;892J00
26
2
0
20
0
4
0
0
0
0
0
0
0
4
Contact Property Owners
$200.00;
20
12
0
0
8
0
0
0
0
0
0
0
0
5
Summanze Information
:'"$1.420330
12
8
0
0
0
0
0
0
0
4
0
0
0
6
Submit to City Staff for Review
-,,,,,,$207.0w'
2
1
0
0
0
0
0
0
0
1
0
0
0
7
City Staff Review Report
00.54V3omt,
0
0
0
0
0
0
0
0
0
0
0
0
0
8
Meet with City Staff fo Discuss Findings
$.1,084.001
8
4
0
0
4
0
0
0
0
0
0
0
0
9
City Directs Preparation of Design Alternatives
Ni.i,, *148.001
1
1
0
0
0
0
0
0
0
0
0
0
0
DEVELOP DESIGN ALTERNATIVES
10
Topographic Survey of 40th Avenue
Prepare Plan and Profile Drawing of Existing Road
k $3688100;,`
44
2
• 2
0
0
0
0
0
0
0
0
0
40
11
,V,$1.304.00
12
4
0
0
0
8
0
0
0.
0
0
0
0
12
Prepare Aerial Photo Exhibits with Alternatives
$5336100'
52
12
0
0
0
40
0
0
0
0
0
0
0
13
Consider Additional Turn Lanes
$1084,00,`
8
4
0
0
4
0
0
0
0
0
0
0
0
14
Consider Off -Street Pathways in lieu of Bike Lanes
7 <$t -,084t00
8
4
0
0
4
0
0
0
0
0
0
0
0
15
Consider Restricting Turning Movements
„ =$1;084.00;,
8
4
0
0
4
0
0
0
0
0
0
0
0
16
Consider Signage, Signal Timing, Lighting
0$4168.00
16
8
0
0
8
0
0
0
0
0
0
0
0
17
Submit Design Alternatives to City Staff for Review
WiigillA42.66.130i
3
1
0
0
0
0-
0
0
0
2
0
0
0
18
Ci4y Staff Review Design Alternatives
,<:$0:301
0
0
0
0
0
0
0
0
0
0
0
0
0
19
Review Design Alternatives with City Staff
$13184 00
8
4
0
0
4
0
0
0
0
0-
0
0
0
20
Present Design Alternatives to City Council, if Reqested
R, 3, ;$542.00
4
2
0
0
2
0
0
0
0
0
0
0
0
21
City Determines Preferred Design Altemative
:_ $0=00
0
0
0
0
0
0
0
0
0
0
0
0
0
CONCEPTUAL DESIGN
22
Develop Conceptual Plan of Preferred Alternative
a $4.064:40,.
32
16
0
0
8
8
0
0
0
0
0
0
0
23
Identify R/W Acquisition Requirements
$1,488"s00.+
12
4
0
8
0
0
0
0
0
0
0
0
0
24
Prepare Prelimnary R/W Plans
A;$3 0528101
36
8
0
12
0
16
0
0
0
0
0
0
0
25
Prepare Prelimnary Cost Estimate
$1 676 00'
12
8
0
0
4
0
0
0
0
0
0
0
0
26
Submit Conceptual Design to City Staff for Review
$14800'
1
1
0
0
0
0
0
0
0
0
0
0
0
27
City Staff Review Conceptual Design
..as, •01004
0
0
0
0
0
0
0
0
0
0
0
0
0
28
Meet with City Staff to Review Design
wfata084.mai
8
4
0
0
4
0
0
0
0
0
0
0
0
29
City Approves Conceptual Design
gmesot* ;00
0
0
0
0
0
0
0
0
0
0
0
0
0
Sub Total
$40,239.00.:
PROPERTY ACQUISITION ASSISTANCE (IF AUTH.)
30
Prepare RNV Legal Descriptions
$41,532 00„
44
4
4
24
0
0
0
0
0
12
0
0
0
31
Assist City Staff with Initial Property Owner Contacts:4$1
184'.130;.
8
8
0.
0
0
0
0
0
0
0
0
0
0
32
Assist City Staff with Public Information Outreach
81,184.00a
8
8
0
0
0
0
0
0
0
0
0
0
0
Sub Total
1:$6,900:00:
Expenses
$200'.00;
Total
$47,339.00
405
142
6
64
58
76
0
0
0
19
0
0
40
_ pr _
Ipe
pts •
_ proj
_ cad _
re
set
el
wpt
2m
3m
gps
G:\PROJECTS\2009\09098G\Hourly Cost Estimate.xls
CITY OF YAKIMA 40TH AVENUE IMPROVEMENTS STUDY — ENGLEWOOD TO RIVER ROAD
EXHIBIT D - PROJECT SCHEDULE
ID
0
Task Name
Duration
Start
009 L October 2009
9120_1 9127.1 10/4 Liwiat lona Lions
November 2009 L December 2009 1 Janua 2010 February 2010 J March 2010 1
11/1 1 11/8 111/15111/22111/291 12/6 112/13112/20112/271 1/3 111101 1
1/17 1 1/24 11/31 1 2/7 1 2/14-1 2121 121381 311 1 3114 1 3/21 1 3/28
2
PRELIMINARY INVESTIGATION
3
Review Existing Studies and Reports
39 days
5 days
Thu 10/1/09
Thu 10/1/09
4
Identify Existing Right of Way and Easements
1 day
Fri 10/9/09
Meet with City Staff to Discuss Issues
3days
Mon 10/12/09
Contact Property Owners
5 days
Thu 10115/09
Summarize Inforntation
10 days
Thu 10/22/09
Submit to City Staff for Review
1 day
Wed 11/4/09
City Staff Review Report
5 days
Thu 11/5/09
10
tE3
Meet with City Staff to Discuss Findings
1 day
11
City Directs Preparation of Design Alternatives
0 days
Mon 11116/09
Wed 11/25K9
12
13
14
DEVELOP DESIGN ALTERNATIVES
62 days
Mon 10/6/09
15
Topographic Survey 01 40/1/ Avenue
5 days
Mon 1015/09
16
Prepare Ptan and Profile Sheets of Existing Alignment
5 days
Mon 10/12/09
17
Prepare Aerial Photo Exhibits with Alternatives
10 days
Mon 11/9109
18
Consider Additional Turn Lanes
1 day
Mon 11/9/09
19
ER
Consider Off -Street Pathways in lieu 0/ 0/1/0 Lanes
2 days
Mon 11/9/09
20
Consider Restricting Turning Movements
1 day
Mon 11/9/09
21
Consider SIgnage, Signal Timing, and Lighting
1 day
Mon 11/9/09
22
Submit Design AROMMIVOS to City Staff for Review
1 day
Moo 1123/09
23
City Staff REMOW Det/go Alternative*
10 days
24
Review Design Alternatives with City Stag
1 day
Tue 11/24/09
Fri 12/11/09
25
Present Design Alternatives to City Council if Requested
1 day
Fri 12/25/09
26
City Determines Preferred Design Alternate
0 days
Wed 12/30/09
27
28
) 11/25
12/30
29
30
CONCEPTUAL DESIGN
35 days
Thu 1221/09
31
Develop Conceptual Plan 00 (1/, Preferred Alt Selected
15 days
Thu 12/31/09
32
klenftify Right of Way Acquisition Requirements
3 days
Tue 1/12/10
33
Prepare Preliminary Right of Way Plans
5 days
Fri 1/15/10
34
Prepare Preliminary Cost Estimate
2 days
Mon 1/25/10
35
Submit Conceptual Design to City Staff for Review
1 day
Wed 1/27/10
36
City Staff Review Conceptual Design
10 days
Thu 121610
37
Meet wfth City Staff to Review Design. Impacts, and Costs
1 day
Thu 2/11/10
38
ora
City Approves Concept Design Directs Additional Services
0 days
Thu 2/18/10
39
40
41
PROPERTY ACQUISITION ASSISTANCE (IF AUTHORIZED)
42
Prepare Right of Way Legal Descriptions
22 days
5 days
Frl 2119/10
Fri 2/19/10
43
ER
Assist City Staff with Initial Property Owner Contacts
5 days
Thu 3/11/10
44
Assist City Staff with Public Information Outreach
1 day
Mon 3/22/10
REE331121311Milleleil
Deeeenimemm(1
6
Prole& City of Yakima
Data: Mon 8131/09
Task IIIIMMIMINIMMIE Milestone (4) Summary
Page
Huibregtse. Lowman Associates, Inc.
•