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
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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
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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.
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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
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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
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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.
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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
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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