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HomeMy WebLinkAboutR-2002-092 Huibregtse Louman Associates, Inc. Agreement (re: fish screen at Naches River water treatment plant)RESOLUTION NO. R-2002- 92 A RESOLUTION authorizing the City Manager to execute a professional services agreement with Huibregtse, Louman Associates, Inc. for surveying services associated with the design and construction of a new water intake fish screen for the City of Yakima Water Treatment Plant located on the Naches River. WHEREAS, the City of Yakima Water Division requires surveying services associated with the design and construction of a new water intake fish screen for the City of Yakima water treatment plant located on the Naches River; and WHEREAS, the City lacks personnel with the necessary experience and expertise to perform and provide the required surveying services; and WHEREAS, the City of Yakima Water Division representatives complied with the provisions of RCW 39.80 which concerns the procurement of engineering and architectural services by a city; and WHEREAS, Huibregtse, Louman Associates, Inc. has the necessary expertise and experience to perform and provide the required surveying 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 surveying services associated with the design and construction of a new water intake fish screen for the City of Yakima water treatment plant located on the Naches River, 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 professional services agreement with Huibregtse, Louman Associates, Inc. for surveying services associated with the design and construction of a new water (Ik)water huibregtse survey 7-10-02.pm intake fish screen for the City of Yakima Water Treatment Plant located on the Naches River. ADOPTED BY THE CITY COUNCIL this 16th day of July 2002. A. , /1,z,n,. Place, Mayor ATTEST: 11<attR-,..- ,4 Karen Roberts, City Clerk (1k)water huibregtse survey 7-10-02.pm SURVEYING SERVICES AGREEMENT THIS SURVEYING SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"), and Huibregtse, Louman Associates, Inc. (hereinafter "Engineer"). WHEREAS, the City requires surveying services associated with the design and construction of a new water intake fish screen for the City of Yakima water treatment plant located on the Naches River. WHEREAS, the Engineer represents that it has the expertise necessary and is willing to perform the surveying services required by the City in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Engineer as follows: 1. Scope of Services. The Engineer shall provide the City with professional surveying services associated with the design and construction of a new water intake fish screen for the City of Yakima water treatment plant located on the Naches River. These services shall include the following: • Field survey the raw water intake channel from 20 feet upstream of the existing intake structure to 20 feet downstream of the spillway, from the edge of asphalt of SR 12 to the south side of the intake channel/wall. Prepare an AutoCAD 2000 site plan/topographic survey for the project area. Please note that the surveying services shall not include a field survey of the open channel of the Naches River. 2. Time Period for Performance of Services. The term of this Agreement shall commence upon execution hereof and shall terminate at the time of completion of all services/tasks required hereunder unless the Agreement is earlier terminated by either party under Section 22 of this Agreement. The Engineer shall proceed with such services in a timely and diligent manner following receipt of a written authorization to proceed from the City. The Engineer shall not be responsible for delays in performance Page 1 of 7 (Ik)agr/gray Ys osbomapm caused by factors beyond the Engineer's control or which could not have been reasonably foreseen by the parties at the time this Agreement was executed. 3. Compensation. a. Fees for Services. The surveying services described in Section 1 of this Agreement shall be performed and provided on a time plus expense basis. The hourly rates for the surveying services shall be in accordance with the schedule of rates attached hereto as Exhibit "A," and incorporated herein by this reference. The fee, including expenses, for the described surveying services shall not exceed Seven Thousand Dollars ($7,000.00). b. Payment of Compensation. Upon completion of the surveying services, Engineer shall submit an invoice to the City. Said invoice shall itemize and describe all surveying services. The City shall make payment to the Engineer within thirty (30) calendar days of receipt of the invoice. All payments are expressly conditioned upon the Engineer providing services hereunder that are satisfactory to the City. c. Payment in the Event of Termination. In the event that either party terminates this Agreement under Section 22, Engineer shall be compensated in accordance with the above terms for all satisfactory services provided to the City up to the effective termination date. d. Maintenance of Financial Records/Documents. The Engineer shall make the expense records, accounts and related financial documents pertaining to this Agreement available for inspection by representatives of the City during the term of this Agreement and for a period of three (3) years following the final payment to the Engineer by the City. In the event that any audit or inspection identifies any discrepancy in such financial records, the Engineer shall provide the City with appropriate clarification and/or financial adjustments within thirty (30) calendar days of notification of the discrepancy. 4. Standard of Performance. The Engineer shall perform all work and services required under this Agreement in accordance with generally accepted engineering and surveying standards, and shall be responsible for the technical soundness and accuracy of all work and services furnished pursuant to this Agreement. 5. Ownership of Documents. All reports, surveys, designs, drawings, and specifications prepared by the Engineer pursuant to this Agreement shall be the property of the City upon payment being made by the City to the Engineer in accordance with Sections 3 of this Agreement. The Engineer shall provide the City with originals and/or reproducible copies of such documents when requested by City representatives. The Engineer does not intend or represent that such documents are Page 2 of 7 (Ik)agr/gray Y<osbomepm suitable for reuse by the City or others on extensions of this project or with regard to any other project. Any such reuse without the written permission of the Engineer shall be at the City's risk. 6. Information to be provided by the City. The City shall provide the Engineer with access to all information at its disposal that Engineer requests and that is pertinent to the site of project area, including but not limited to previous reports, drawings, plats, surveys, utility records, and other similar data. Absent specific written direction to the contrary, the Engineer shall be entitled to rely upon the completion and accuracy of such documentation. 7. Status of Engineer. Engineer and the City understand and expressly agree that Engineer is an independent contractor in the performance of each and every part of this Agreement. The Engineer shall have the sole judgment of the means, mode or manner of the actual performance of work/services required under this Agreement. The Engineer, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the work/ services required under this Agreement. Additionally, and as an independent contractor, the Engineer and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between Engineer and the City. 8. Taxes and Assessments. Engineer shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, Engineer shall pay the same before it becomes due. 9. Nondiscrimination Provision. During the performance of this Agreement, Engineer shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. 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. 10. Compliance With Law. Engineer agrees to perform all work/services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Page 3 of 7 (Ik)agr/gray & osbomepm 11. No Insurance. It is understood the City does not maintain liability insurance for Engineer or its employees and subcontractors. 12. Indemnification and Hold Harmless. a. Engineer agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, officers, employees and agents from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorney fees and disbursements) caused by or occurring by reason of any negligent act and/or omission of the Engineer, its officers, employees, agents, and/or subcontractors, arising out of or in connection with the performance of this Agreement. b. In the event that both Engineer and the City are negligent, the Engineer's liability for indemnification of the City shall be limited to the contributory negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney fees) that can be apportioned to the Engineer, its officers, employees, agents, and/or subcontractors. c. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. d. This Section of the Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 13. Insurance provided by Engineer. a. Commercial Liability Insurance. On or before date the this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) combined single limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the Page 4of7 (Ik)agr/gray & esborne.pm 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. c. Professional Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance as evidence of Professional Errors and Omissions Liability Insurance with coverage of at least One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate limit of at least One Million Dollars ($1,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before January 1, 2002, or shall provide full prior acts. The insurance coverage shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement. c. Insurance provided by Subcontractors. The Engineer shall ensure that all subcontractors it utilizes for work/services required under this Agreement shall comply with all of the above insurance requirements. 14. Delegation of Professional Services. The services provided for herein shall be performed by Engineer, and no person other than regular associates or employees of Engineer shall be engaged upon such work or services except upon written approval of the City. 15. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Engineer to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Engineer stated herein. 16. No Conflict of Interest. Engineer represents that it or its employees do not have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. Engineer further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 17. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 18. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Agreement shall not impair the right of the Page 5 of 7 (Ik)agr/gay & osbomepm party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 19. Termination. The City or Engineer may terminate this Agreement, with or without cause, by giving the other party ten (10) calendar days written notice of termination. 20. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: TO CITY: TO ENGINEER: Dueane Calvin Water/Irrigation Manager Water Division 2301 Fruitvale Boulevard Yakima, WA 98901 William L. Huibregtse, P.E., President Huibregtse, Louman Associates, Inc. 801 North 39th Avenue Yakima, WA 98902 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 22. Integration. This written document constitutes the entire agreement between the City and Engineer. There are no other oral or written Agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 23. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 24. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. Page 6 of 7 (Ik)agr/gray & osbornepm CITY OF YAKIMA HUIBREGTSE, LOUMAN ASSOCIATES, INC. By: �� By: R. A. Zais, r., City Manager DATE: j 0 00,11- ATTEST: o . ATTEST: l� q i City Clerk City Contract No. 2002-69 Resolution No. R-2002-92 Page 7 of 7 (Ik)ngr/gray & osbornapm William L. Huibregtse, P.E., President DATE: % -- 2- Z.. - o Z_ EXHIBIT "A" SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. (January 1, 2002, Through December 31, 2002) Principal Engineer $115.00 per hour Licensed Professional Engineer $95.00 per hour Licensed Professional Land Surveyor $88.00 per hour Project Engineer $79.00 per hour CAD Technician $69.00 per hour Resident Engineer/Inspector $66.00 per hour Surveyor $66.00 per hour Senior Engineering Technician $52.00 per hour Engineering Technician $45.00 per hour Word Processing Technician $45.00 per hour Two Man Survey Party $126.00 per hour Three Man Survey Party $164.00 per hour Vehicle Mileage $0.30 per mile Global Positioning Survey System Fee $70.00 per hour DOCUMENT2 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. : T For Meeting Of July 16, 2002 ITEM TITLE: Survey Work Associated with the Design of a New Water Treatment Plant Intake Fish Screen 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: 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 survey work associated with the design of a new water treatment plant intake fish screen. This agreement requires Huibregtse, Louman Associates, Inc. to complete a survey of existing conditions at the Water Treatment Plant intake structure. This survey is required for the design of a new water treatment plant intake fish screen. Design work is being completed by Carollo Engineers under separate contract. Due to the Endangered Species Act (ESA) listing of several fish species a fish screen must be installed at the intake structure. New screens will ensure compliance with all ESA requirements and approval from all state and federal agencies. Financial support for this agreement will be from appropriations approved by Council in the 477 Fund and supplemented by Grants from Bonneville Power Administration (BPA) and from the Salmon Recovery Funding Board (SRFB), not to exceed survey cost of $7,000.00 Resolution X Ordinance Other (Specify) Contract X Mail to: Huibregtse, Louman Associates; 801 N. 39th Ave., Yakima, WA 98902 Funding Source 477 Fund — Capital Improvements BPp4 & SRFB Grant) APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2002-92