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HomeMy WebLinkAboutR-1997-101 Water Main Extensions Design ContractRESOLUTION NO. R- 97- 101 A RESOLUTION authorizing execution of a contract with Huibregtse, Louman Associates, Inc. for design of water main extensions WHEREAS, the City of Yakima has need for consulting services related to the design of water main extensions; and WHEREAS, the City does not possess adequate in-house staff to perform the necessary work involved in the design of these water main extensions; and WHEREAS, the City of Yakima has complied with the provisions of RCW 39.80 which concerns the procurement of engineering and architectural services by a city; and WHEREAS, the City Council deems it to be in the best interest of the City to enter into a contract with Huibregtse, Louman Associates, Inc., for the design of water main extensions including plans and specification now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager, City Clerk, and the Assistant City Manager are hereby authorized and directed to execute the attached and incorporated "Consulting Agreement" together with its attachments. ADOPTED BY THE CITY COUNCIL this 5th day of August, 1997. ATTEST. t,vv‘t.. Karen Roberts, City Clerk ynn Buchanan, Mayor AGREEMENT civ This Agreement, made and entered into this / .3 day of a t z 1997, by and between the City of Yakima, Washington, hereinafter called<the "CITY," and HUIBREGTSE, LOUMAN ASSOCIATES, INC., 3800 Summitview, Suite 100, Yakima, WA 98902, hereinafter called "ENGINEER," is for the provision by the Engineer to the City, of professional services for design of various domestic water system improvements as described herein. In consideration of the covenants and agreements contained herein, and the terms and conditions hereof, the parties agree as follows: The Engineer shall provide services associated with the design of domestic water distribution system improvements for the City of Yakima, including field topographic survey, design, preparation of contract drawings and contract specifications, design review meetings with City Staff, assistance during the bidding period, and services during construction. 1. SERVICES: Engineer shall provide to the City professional consulting engineering services through a series of task orders as provided in Section 2, below. The professional services to which the parties may agree by task orders may include, but are not limited to those listed in Exhibit A, attached hereto and by this reference incorporated herein. 2. TASK ORDERS: Prior to commencement of any services, the City and the Engineer shall mutually agree upon and execute a task order for the specified services. The task order shall describe the services to be provided, the time for performance of the service, the provisions for fees for the services, and any provisions additional to this agreement. Execution of this Agreement and Task Order No. 1 by the City and the Engineer authorizes the Engineer to proceed with the services described in Task Order No. 1. Execution of each subsequent task order shall incorporate each subsequent task order into this Agreement. The execution of this Agreement does not obligate either of the parties hereto to provide or accept any services unless and until the parties have mutually agreed upon and executed a specific task order for such services. 3. TIME PERIOD FOR PERFORMANCE OF SERVICES: The Engineer shall commence such services as are described on executed task orders in accordance with the time schedule set forth herein, and shall proceed with the provision of such services in a diligent manner. The Engineer shall not be responsible for delays caused by factors beyond the Engineer's control or which could not reasonably have been foreseen by the parties at the time the task order was executed. The anticipated schedule for completion of the project is shown as Exhibit B. 4. PAYMENT TO ENGINEER: A. Fees for Services. For each specified task order executed by the parties, the payment to be made to the Engineer for services performed shall be hourly on a time spent basis, utilizing the hourly rate and expense schedule, "Fee Schedule," attached hereto as Exhibit C and by this reference incorporated herein. Said fee Schedule is subject to revision by the Engineer not sooner than one year after the execution of this Agreement, and no more that once each year thereafter. Under the fee schedule method, the parties YKJ2-39 1 shall agree on an amount which represents the maximum fee to which Engineer shall be entitled under that task order. That amount shall represent the best estimate of the parties of the maximum cost of the Engineer's services specified in that task order. In the event the cost of services will exceed that estimate, the Engineer shall advise the City in advance, and in writing, of such excess costs and shall provide no services in excess of the original estimated costs without written approval of the City. B. Estimated Fees. The maximum fee for each anticipated task order is shown on Exhibit A. C. Renegotiation of Fees. The Engineer reserves the right to renegotiate the fee or maximum estimate of fee specified in any task order if the scope of services as specified in the task order is modified by the City or by others or by conditions beyond the control of the parties hereto, whereupon additional expenses shall be incurred by the Engineer. The City and the Engineer shall agree to such a change in fee and services in writing prior to the Engineer's provision of such modified or changed services. D. Time of Payments. Engineer shall periodically submit invoices for the un -billed portion of the services completed to that date. City agrees to pay the invoiced amounts within 30 days from the date of receipt of the invoice. E. Payment in the Event of Termination. In the event of termination of this Agreement, Engineer shall be compensated for services performed under this Agreement to the date of termination in accordance with the terms above. F. Permits and Advertising. City shall pay all regulatory permitting and advertising fees and all other project fees normally paid by the City for public works projects. 5. STANDARD OF PERFORMANCE: Engineer shall perform his services in accordance with generally accepted engineering and consulting standards and shall be responsible for the technical soundness and accuracy of all work and services furnished pursuant to this Agreement. 6. TERMINATION: Either party may terminate this Agreement at any time upon 30 days written notice to the other party. 7. OPINIONS OF COST: Engineer has no control over the cost of labor, materials, equipment, or services provided by parties other than Engineer and its subcontractors. Engineer has no control over contractor's methods of determining prices, or other competitive bidding conditions or market conditions, and its opinions of probable project or construction costs are to be made on the basis of its experience with the construction industry. However, Engineer cannot and does not guarantee that proposals, bids, or actual project or construction costs will not vary from the opinions of probable costs prepared by the Engineer. 8. CONSTRUCTION AND SAFETY: Engineer shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by contractors or the safety precautions and programs and programs incident to the work of contractors. YKJ2-39 2 9. OWNERSHIP OF DOCUMENTS: The originals of all documents, including Drawings and Specifications, prepared by the Engineer shall remain the property of the Engineer. The Engineer shall provide the City with reproducible copies of the documents, Drawings, and Specifications, and other work products as specified in each task order. It may further be required that the Engineer provide additional copies on computer media of all documents, Drawings, and Specifications, and other work products as specified in each task order. Such documents, Drawings, and Specifications are not intended or represented by the Engineer to be suitable for reuse by the City or others on extensions of the services provided for the intended project or on any other project. Any reuse without the written verification or adaptation by the Engineer will be at the City's sole risk and without liability or exposure to the Engineer, and the City shall indemnify and hold harmless the Engineer from all loses, claims, damages, and expenses, including attorney's fees arising out of or resulting therefrom. Any such verifications or adaptations by the Engineer will entitle the Engineer to further compensation at rates agreed to by the parties. Engineer shall provide a reproducible copy of the final record drawings showing the construction project measurements when authorized to do so by task order. 10. DESIGN INTENT: Engineer shall prepare design documents, Drawings, and Specifica- tions with the understanding that he may be observing the quality and progress of resulting construction, for compliance with the intent design and, furthermore, that such observation of any construction will be compensated by the City at the rates agreed upon by the parties hereto, by separate Task Order. 11. INDEMNITY: The Engineer shall defend, indemnify, and hold harmless City from any and all claims or liabilities, including attorneys fees, arising out of Engineer's negligent performance of this Agreement. Engineer shall comply with all federal government, state, and local laws and ordinances applicable to the work to be performed under this Agreement. Prior to beginning work under this Agreement, Engineer shall provide "Certificates of Insurance" as evidence that policies providing the following coverage and limits of insurance are in full force and effect. A. General Comprehensive Liability With respect to liability for injuries to or death of persons and with respect to liability for destruction of or damages to property, the insurance coverage shall be $500,000 combined single limit and such coverage shall include the special provisions listed below: 1. The City, its officers, employees, and agents shall be named as an additional insured and the coverage shall be applicable to and protect the City, its officers, employees, and agents from liability arising from or relating to Engineer's activities relating to this Agreement. Such insurance shall be primary and other insurance maintained or carried by the City shall be separate and distinct and shall not be contributing with the insurance listed hereunder. YKJ2-39 3 2. Such insurance shall not include explosion, collapse, or underground exclusions commonly referred to as the "XCU" hazards. B. Automobile Comprehensive Liability With respect to liability for injury to or death of persons and with respect to liability for destruction of or damage to property, the City, its officers, employees, and agents shall be named insured and the insurance coverage shall be $500,000 combined single limit. Such insurance shall be primary and other insurance maintained or carried by the City shall be separate and distinct and shall not be contributing with the insurance listed hereunder. Failure of either or all of the named insured to report a claim under such insurance shall not prejudice the rights of the City, its officers, employees, and agents thereunder. The City, its officers, employees, and agents will have no obligation for the payment of premiums because of its being named as insured under such insurance. Prior to beginning work for property acquisition, development of contract Plans and Specifica- tions, and construction management, the Engineer or its subcontractors shall provide evidence of errors and omissions coverage for a minimum of $250,000. City shall defend, indemnify and hold Engineer harmless from all claims or liabilities, including attorney's fees, arising out of City's 'negligent acts. 12. ATTORNEY'S FEES: In the event suit or legal action is instituted to enforce any of the terms or conditions of this Agreement, venue shall be in Superior Court for Yakima County. The losing party shall pay to the prevailing party, in addition to the costs and disbursements allowed by statute, such sum as the court may judge reasonable as attorney's fees in such suit or action, in both trial and appellate courts. 13. ADDITIONAL SERVICES: At the City's option and direction, Engineer shall provide additional engineering, observation, construction staking, and/or planning services as authorized by mutually agreed task orders. 14. INDEPENDENT CONTRACTOR: The parties intend that the Engineer at all times be an independent contractor and not an employee of the City, and shall not be entitled to compensa- tion or benefit of any kind except as specifically provided for herein. 15. GOVERNING LAWS: This Agreement is governed by the laws of the State of Washington. 16. COMPLETE AGREEMENT: This Agreement and referenced attachments contains the complete and integrated understanding and agreement between the parties and supersedes any understanding, agreement or negotiation whether oral or written not set forth herein. Amendments, changes, or modifications hereto shall not be valid unless in writing and duly executed by both parties. YKJ2-39 4 17. NO THIRD PARTY BENEFICIARIES OTHER THAN THE STATE OF WASHINGTON: The Agreement gives no rights to anyone other than the City, Engineer, and the State of Washington, and has no other third -party beneficiaries. 18. ASSIGNMENT: Neither party to this Agreement shall assign the Agreement, nor any interest arising herein, without the written consent of the other. The Engineer, with the City's consent, shall be authorized to employ or subcontract with any other party or entity it deems necessary for the performance of any of the services to be provided by the Engineer pursuant to the terms of this Agreement. 19. SEVERABILITY OF AGREEMENT: In the event any of the terms or clauses of this Agreement is held to be illegal or unenforceable by any court or arbitrator, the remaining clauses and terms shall continue in full force and effect and shall be enforceable. 20. MINORITY- AND WOMAN -OWNED BUSINESS; CITY -SPECIFIED SUBCONTRACTORS: Engineer will comply with the City's directives in utilizing the services of City -specified subcontractors and/or minority and women -owned businesses on the Project. The firm selected by Engineer to meet said directives will be subject to approval by the City. Engineer's liability arising from the work of said subcontractors or businesses is limited to proceeds available from their insurance. HUIBREGTSE, LOUMAN CITY OF YAKIMA ASSOCIATES, INC. //:11 By: By:�,- William L. Huibregtse, PE Richard A. Zais, r. President City Manager WITNESSES: ATTEST: YKJ2-39 5 Karen S. Roberts City Clerk CITY iJOiiIK.Ci MU: �o,.,1 RESOLUTION HO ,g% am 1 2z , . 03/9 7 EXHIBIT A PROJECT DESCRIPTION AND ASSUMPTIONS The construction project outlined by this Agreement and Scope of Services consists of various domestic water main system improvements including existing water main replacement, new water main construction, replacement of existing services, and roadway restoration as further outlined below. The following general assumptions have been made during the preparation of this Scope of Services and fee estimates for this project. More specific assumptions relative to the individual components of the project are described under the various Task Order descriptions. A. The City of Yakima has funding for professional engineering design services required by this project. B. The City of Yakima Water and Irrigation Division will review and approve the Plans and Specifications. C. The 1996 WSDOT Standard Specifications for Road, Bridge, and Municipal Construction and the APWA Division One Supplement, and the City of Yakima Special Provisions and Standard Details will be used for preparation of the Plans and Specifications for this project. D. The three water system improvements proposed by the City of Yakima will be combined into one Task Order for design and preparation of one contract document of Plans and Specifications with three separate construction schedules. E. Separate Task Orders are described for additional professional engineering services for Construction Staking and for Construction Observation. F. Upon submittal of the completed and approved Plans and Specifications to the City of Yakima Water and Irrigation Division, the City will take over responsibility for the original documents and print, bind, advertise, and distribute the Plans and Specifications for bid. G. The City of Yakima will make known all available information regarding existing water services to be relocated and additional new water services and fire hydrants to be constructed. YKJ2-39 6 EXHIBIT A (cont.) TASK ORDERS AND ESTIMATED FEES DESIGN SERVICES TASK ORDER No. 1 - DESIGN AND PS&E SCHEDULE A - NORTH FIRST STREET AND "H" STREET INTERTIE. SCHEDULE B - ERICKSON LANE WATER MAIN REPLACEMENT AND NEW WATER MAIN IN NORTH 4TH STREET FROM ERICKSON LANE TO "R" STREET. SCHEDULE C - NEW WATER MAIN IN RIVER ROAD FROM NORTH 16TH AVENUE EAST TO NORTH 6TH AVENUE. 1. Perform field topographic surveying including existing ground profiles to show physical features along each project route to enable design of the proposed water main improvements. 2. Perform design of new domestic water main improvements and connections for each schedule. 3. Prepare Plan and Profile Sheets and Specifications into one bid document in accordance with City of Yakima standards. 4. Establish separate bid schedules for the three proposed improvement projects as outlined above. 5. Submit preliminary Plans and Specifications to the City of Yakima Water and Irrigation Division for review, with follow-up as required. 6. Submit final original Plans and Specifications for approval and use by the City Water and Irrigation Division. 7. Prepare pre-bid construction cost estimate. 8. Answer questions during the bidding period and assist in preparation of addenda for distribution by the City of Yakima. ESTIMATED LABOR FEE FOR TASK ORDER NO. 1 (Figure represents the maximum fee not to be be exceeded except by written authorization) $29,800.00 ESTIMATED EXPENSES FOR TASK ORDER NO. 1 $300.00 (See Exhibit C) *** YKJ2-39 7 EXHIBIT A (cont.) Task Order No. 1: Authorization to Proceed City of Yakima: By: Glen Rice, ssi tan City Manager Date: Engineer: By: William L. Huibregtse, President Date: Huibregtse, Louman Associates, Inc. YKJ2-39 8 EXHIBIT A (cont.) SERVICES DURING CONSTRUCTION TASK ORDER NUMBER 2 - CONSTRUCTION STAKING 1. Perform field construction staking for domestic water main improvements including fire hydrants and side street crossing locations via an offset line of hubs, as directed by the City of Yakima. 2. Provide copies of survey construction staking notes and cut sheets to the City Inspector. ESTIMATED FEE FOR TASK ORDER NO. 2 (Figure represents the maximum fee not to be be exceeded except by written authorization) $5,000.00 ESTIMATED EXPENSES FOR TASK ORDER NO. 2 $300.00 (See Exhibit C) *** Task Order No. 2: Authorization to Proceed City of Yakima: By: Glenn Rice, Assistant City Manager Date: Engineer: By: William L. Huibregtse, President Date: Huibregtse, Louman Associates, Inc. YKJ2-39 9 EXHIBIT A (cont) SERVICES DURING CONSTRUCTION TASK ORDER NO. 3 - CONSTRUCTION OBSERVATION 1. Provide a Resident Project Representative to make periodic visits to the project site(s) at intervals appropriate to the various stages of construction as deemed necessary in order to observe the progress and quality of various aspects of the Contractor's work. 2. The Resident Project Representative will notify City of Yakima Water and Irrigation Division personnel if he believes that the Contractor's work will not produce a completed Project that conforms generally to the Contract Documents. 3. Prepare Daily Observation Reports and provide copies to the City of Yakima. ESTIMATED FEE FOR TASK ORDER NO. 3 (Figure represents the maximum fee not to be be exceeded except by written authorization) $10,000.00 ESTIMATED EXPENSES FOR TASK ORDER NO. 3 $300.00 (See Exhibit C) Task Order No. 3: Authorization to Proceed City of Yakima: By: Glenn Rice, Assistant City Manager Date: Engineer: By: William L. Huibregtse, President Date: Huibregtse, Louman Associates, Inc. YKJ2-39 10 EXHIBIT A (cont.) SERVICES DURING CONSTRUCTION TASK ORDER NO. 4 - RECORD DRAWINGS 1. Revise the original Plans to provide Record Drawings reflecting changes made during construction. 2. Revisions to the original Plans will be limited to information provided to Huibregtse, Louman Associates, Inc., by the Contractor, by the City of Yakima Inspector, by the Resident Project Representative of Huibregtse, Louman Associates, Inc., or by field measurements of the surface features such as valve boxes, fire hydrants, meters, etc., made by Huibregtse, Louman Associates, Inc., after construction is complete, depending upon the method of construction observation selected by the City of Yakima. ESTIMATED LABOR FEE FOR TASK ORDER NO. 4 (Figure represents the maximum fee not to be be exceeded except by written authorization) $2,000.00 ESTIMATED EXPENSES FOR TASK ORDER NO. 4 $100.00 (See Exhibit C) Task Order No. 4: Authorization to Proceed City of Yakima: By: Glenn Rice, Assistant City Manager Date: Engineer: By: William L. Huibregtse, President Date: Huibregtse, Louman Associates, Inc. YKJ2-39 11 EXHIBIT B PROPOSED SCHEDULE DESIGN SERVICES TASK ORDER NUMBER 1 - DESIGN AND PS&E Complete Design and PS&E and submit final documents to City of Yakima Water and Irrigation Division within 60 Calendar Days after authorization to proceed. SERVICES DURING CONSTRUCTION TASK ORDER NUMBER 2 - CONSTRUCTION STAKING Upon authorization by the City of Yakima, provide construction staking services as required to facilitate Contractor's construction schedule. TASK ORDER NUMBER 3 - CONSTRUCTION OBSERVATION Upon authorization by the City of Yakima, provide construction observation services as required during the construction period. TASK ORDER NUMBER 4 - RECORD DRAWINGS YKJ2-39 Upon authorization by the City of Yakima, provide revised Plans for record drawings within 10 working days after receipt of information provided by the Contractor and City of Yakima or after authorization to field survey the surface features. 12 EXHIBIT C "FEE SCHEDULE" HOURLY RATES (January 1, 1997, Through December 31, 1997) Principal Engineer $100.00 per hour Licensed Professional Engineer $81.00 per hour Licensed Professional Land Surveyor $77.00 per hour Project Engineer $69.00 per hour CAD Technician $59.00 per hour Resident Engineer $56.00 per hour Senior Engineering Technician $46.00 per hour Engineering Technician $40.00 per hour Word Processing Technician $40.00 per hour Two Man Survey Party $110.00 per hour Three Man Survey Party $143.00 per hour Vehicle Mileage 0.30 per mile (Reimbursable expenses include travel expenses, if required, site and project photographs, additional insurance including professional liability insurance required by the City of Yakima in excess of that normally carried by Engineer and Engineer's subcontractors, and other costs necessary to complete the project but not listed herein.) YKJ2-39 13 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM TITLE: Water Main Extensions Design Contract SUBMITTED BY: Dueane Calvin, Water/Irrigation Manager Dave Brown, Water/Irrigation Engineer Glenn Rice, Assistant City Manager CONTACT PERSON/TELEPHONE: Dueane Calvin / 576-6480 SUMMARY EXPLANATION: Item No. / For Meeting Of 8/5/97 Staff respectfully requests City Council to approve the attached resolution authorizing the City Manager to execute the accompanying contract with Huibregtse, Louman Associates, Inc. of Yakima, Washington for the design of water main extensions. This contract requires Huibregtse, Louman Associates, Inc. to design and produce plans and specifications for a water main extension from N. 6th St. and Erickson Ln. to N. 4th St. and "S" St., a water main extension in River Road from N. 16th Ave. to N. 6th Ave. and to replace the abandoned main under the Fruitvale Wasteway at N. 1st St. and "H" St. These main extension will increase the water flow to the northeast portion of Yakima. The financial support for this contract will be from approved appropriations in the 477 Fund. Resolution X Ordinance Contract X Other (Specify) Contract Funding Source 477 Fund ; pita/ Improvements APPROVED FOR SUBMITTAL: \ - .a City Manager STAFF RECOMMENDATION: Approve resolution authorizing the City Manager to execute the accompanying contract for the design of water main extensions with Huibregtse, Louman Associates, Inc. of Yakima, WA. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: