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R-2003-151 Carollo Engineers Agreement (re: General 308 Irrigation System)
RESOLUTION NO. R-2003-151 A RESOLUTION authorizing the City Manager to execute an engineering and consulting services agreement with Carollo Engineers for engineering and consulting services associated with the preliminary design of improvements to a portion of the City of Yakima irrigation system commonly known as the "General 308 Irrigation System." WHEREAS, the City of Yakima Water Division requires engineering and consulting services associated with the preliminary design of improvements to a portion of the City of Yakima irrigation system commonly known as the "General 308 Irrigation System;" 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 WEREAS, Carollo Engineers 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 Carollo Engineers for engineering and consulting services associated with the preliminary design of improvements to a portion of the City of Yakima irrigation system commonly known as the "General 308 Irrigation System, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated engineering and consulting services agreement with Carollo Engineers for engineering and consulting services associated with the preliminary design of improvements to a portion of the City of Yakima irrigation system commonly known as the "General 308 Irrigation System." ADOPTED BY THE CITY COUNCIL this 16th day of December 2003. ATTEST: City Clerk Place, Mayor CONSULTING/ENGINEERING SERVICES AGREEMENT THIS CONSULTING SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"), and Carollo Engineers, a professional corporation (hereinafter the "Consultant"). WHEREAS, the City requires engineering and consulting services related to the preliminary design of improvements to the General 308 Irrigation System. WHEREAS, the Consultant represents that it has the expertise necessary and is willing to perform the Consulting 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 Consultant as follows: 1. Scope of Services. The Consultant shall provide the City with professional services associated with and in support of preliminary design and associated engineering services for rehabilitation of the City's General 308 Irrigation System. These services are described in more detail on attached and incorporated Exhibit "A." 2. Time Period for Performance of Services. The term of this Agreement shall commence upon full execution hereof and shall terminate at the time of completion of all services/tasks required hereunder, or unless the Agreement is earlier terminated by either party under Section 20 of this Agreement. The Consultant shall provide such services as are described on Exhibit A in accordance with the time schedule set forth on attached and incorporated Exhibit B. The Consultant shall proceed with such services in a timely and diligent manner, but shall not be responsible for delays beyond the Consultant's control or which the parties could not have reasonably foreseen. 3. Compensation a. Fees for Services. The Consultant shall be paid for the services described on Exhibit A on a time -spent basis in accordance with the fee schedule attached hereto as Exhibit "C" and incorporated herein by this reference. Said fee schedule is subject to revision by the Consultant not sooner than one (1) year after execution of this Agreement, and no more than once each year thereafter. Subconsultants and other direct costs shall be invoiced to the City at actual cost without mark-up. b. Maximum Fee for Services. The Consultant's total compensation for the performance of the services set forth in Exhibit A shall not exceed the amount of Two Hundred Ninety Three Thousand Five Hundred and Eighty Dollars ($293,580.00), without additional authorization from City. c. Renegotiation of Maximum Fee. The Consultant reserves the right to renegotiate the maximum fee specified if the scope of services described in Exhibit A is changed by the City, or if conditions beyond the control of the parties shall cause the Consultant to incur additional costs and expenses in providing the services required under Exhibit A. In either event, the Consultant shall promptly notify the City in writing of the anticipated additional fees or reduction of fees. Thereafter, and unless otherwise agreed by the parties, the Consultant shall not proceed with the modified/changed services until the parties agree in writing to the renegotiated maximum fee. 1 d. Payment of Compensation. Consultant shall submit monthly invoices to the City. Said invoices shall itemize all services rendered during the preceding monthly period. Payment shall be due and payable upon receipt of Consultant's invoice by the City. All payments are expressly conditioned upon the Consultant providing services hereunder which are satisfactory to the City. In the event the City disputes any invoice item, City shall give Consultant written notice of such disputed item within ten (10) days after receipt of such invoice and shall pay to Consultant the undisputed portion of the invoice according to the provisions hereof. e. Payment in the Event of Termination. In the event that either party terminates this Agreement under Section 22, Consultant shall be compensated in accordance with the above terms for all satisfactory services provided to the City up to the effective termination date. f Maintenance of Financial Records/Documents The Consultant shall make the cost 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 Consultant by the City. In the event that any audit or inspection identifies any discrepancy in such financial records, the Consultant shall provide the City with appropriate clarification and/or financial adjustments within thirty (30) calendar days of notification of the discrepancy. g. Permit and Advertising Cost. The City shall pay the cost of all necessary permits, advertising and similar items that are normally associated with public works projects. 4. Standard of Performance. The Consultant shall perform all work and services required under this Agreement 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. 5. Cost Estimates. The City is herewith advised that the Consultant has no control over the cost of labor, material, equipment; subcontractors' and suppliers' methods of producing and delivering such goods and services; or over the methods and styles of competitive bidding or market conditions. Accordingly, the Consultant's cost estimates are made and furnished on the basis of the Consultant's experience and qualifications and represent only best judgment as a Consulting firm familiar with the construction industry. As such, the Consultant cannot and does not warrant or guarantee the accuracy of its cost estimates, or that cost estimates will not vary significantly from the actual project or construction costs realized by the City. 6. Ownership of Documents. All reports, designs, drawings, and specifications prepared by the Consultant pursuant to this Agreement shall be the property of the City upon payment being made by the City to the Consultant in accordance with Sections 3 of this Agreement. The Consultant shall provide the City with originals and/or reproducible copies of such documents in accordance with the respective task order, or when requested by City representatives. Consultant shall retain its rights in its standard drawing details, designs, specifications, databases, computer software and any other proprietary property. Rights to intellectual property developed, utilized, or modified in the performance of the services shall remain the property of the Consultant. The Consultant does not intend or represent that such documents are 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 Consultant shall be at the City's risk. 7. Information to be provided by the City. The City shall provide the Consultant with access to all information at its disposal 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 2 written direction to the contrary, the Consultant shall be entitled to rely upon the completion and accuracy of such documentation. 8. Status of Consultant. Consultant and the City understand and expressly agree that Consultant is an independent contractor in the performance of each and every part of this Agreement. The Consultant shall have the sole judgment of the means, mode or manner of the actual performance of work/services required under this Agreement. The Consultant, 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 Consultant 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. 9. Taxes and Assessments. Consultant 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; Consultant shall pay the same before it becomes due. 10. Nondiscrimination Provision. During the performance of this Agreement, Consultant 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. 11. Compliance With Law. Consultant 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. If a change in any law or regulation increases the cost of Consultant's work or services, then Consultant will be entitled to an equitable adjustment to the Agreement. 12. No Insurance. It is understood the City does not maintain liability insurance for Consultant or its employees and subcontractors. 13. Indemnification and Hold Harmless. a. Consultant 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 attorneys' fees and disbursements) resulting from death or bodily injury to any person or damage or destruction to a third -party to the extent caused by any negligent act and/or omission of the Consultant, its officers, employees, agents, and/or subcontractors, arising out of the performance of this Agreement. b. In the event that both Consultant and the City are negligent, the Consultant'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's fees) that can be apportioned to the Consultant, 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. 3 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. 14. Insurance provided by Consultant. a. Commercial Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Consultant 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 an additional insured, 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 insurance agent). The insurance shall be with an insurance company or a company rated A -VII or higher in Best's Guide and admitted in the State of Washington. b. Commercial Automobile Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Consultant shall provide the City with a certificate of insurance as proof of commercial automobile 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 an additional insured, 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 insurance agent). The insurance shall be with an insurance company or a company 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 Consultant 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 claims made basis, the retroactive date of the insurance policy shall be on or before January 1, 1998, 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. d. Insurance provided by Subcontractors. The Consultant shall ensure that all subcontractors it utilizes for work/services required under this Agreement shall comply with all of the above insurance requirements. 15. Delegation of Professional Services. The services provided for herein shall be performed by Consultant, and no person other than regular associates or employees of Consultant shall be engaged upon such work or services except upon written approval of the City. 4 16. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Consultant to any other person or entity without the prior written consent of the City, except that it may be assigned without such consent to a related entity, an affiliate or wholly-owned subsidiary of either party. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Consultant stated herein. 17. No Conflict of Interest. Consultant 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. Consultant further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 18. Severability. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. c. Should the City determine that the severed portions substantially alter this Agreement so that the original intent and purpose of the Agreement no longer exists, the City may, in its sole discretion, terminate this Agreement. 19. Non -Waiver. The waiver by either the City or the Consultant of the breach of any provision of this Agreement by the other party shall not operate and/or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing such provision. 20. Termination. The City or Consultant may terminate this Agreement, with or without cause, by giving the other party thirty (30) calendar days written notice of termination. 21. 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 CONSULTANT: Water/Irrigation Manager 2301 Fruitvale Blvd Yakima, WA 98902 Carollo Engineers 12592 West Explorer Drive, Suite 200 Boise, ID 83713 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. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 5 23. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 24. Drafting of Agreement. Both the Consultant and the City have participated in the drafting of this Agreement. As such, it is agreed by the parties that the general contract rule of law that ambiguities in the contract language shall be construed against the drafter of a contract shall have no application to any legal proceeding, arbitration and/or action in which this Agreement and its terms and conditions are being interpreted and/or enforced. 25. Integration. This written document constitutes the entire agreement between the City and Consultant. 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. CITY OF YAKIMA By: R. A. Zais, City Manager DATE: / a- /`1-a3 ATTEST: CAROLLO ENGINEERS, a Professional Corporation DATE: /"8'01/ City Clerk City Contract No.: 2003-102 Resolution No. R-2003-151 6 EXHIBIT A CITY OF YAKIMA, WA (CITY) AND CAROLLO ENGINEERS, A PROFESSIONAL CORPORATION (ENGINEER) City of Yakima, WA General 308 Irrigation System Preliminary Design PURPOSE The ENGINEER's scope of services, time of completion and compensation shall be as set forth herein. Services shall generally be described as engineering services for preliminary design of the City's General 308 Irrigation System. ENGINEER'S SERVICES The following services shall be performed under this Task Order. Task 1 — Project Workshops and Coordination Workshop No. 1: Coordinate, schedule, conduct, and provide follow-up for an initial project workshop to discuss scope of work and budget, review existing system components and deficiencies, develop modeling criteria, identify information needs, and develop schedule. This workshop will occur within one month of Notice to Proceed and subsequent to preliminary data collection and analyses under Tasks 2 and 3 below. 1.2. Workshop No. 2: A second workshop will be conducted with the Project Team and City personnel at about the 50 percent completion milestone of the project. This workshop will present preliminary findings, discuss rehabilitation techniques, identify additional field collection needs, update budget and schedule, and discuss council presentations. This subtask will include coordination, scheduling, conducting, and follow-up for the workshop. Conference Calls: Conduct four conference calls with the Project Team and City Personnel throughout the project to discuss specific work elements. The timing and topic for these conference calls will be developed as the work progresses and the need arises. Additional conference calls can be scheduled as necessary. 1.4. Perform project management tasks including budgeting, scheduling, invoicing, tracking work relative to contractual requirements, communications, and maintaining overall project coordination. Task 2 — Review and Update Existing GIS Data Base and Existing Reports The City's existing GIS database will be used in the condition assessment and rehabilitation of the irrigation system under this project. Additionally, this work will build upon the preliminary findings presented in the 1999 MIP and follow-up Supplemental Alternatives Analysis. This task will consist of the following subtasks: 2.1. Review existing Master Irrigation Plan completed by Golder Associates in December 1999 (1999 MIP), in addition to their Supplemental Alternatives Analysis (September 2000). The relevant portions of these plans shall be incorporated in the Preliminary Design Report for the rehabilitation of the General -308 Irrigation System under Task 7 as described below. 2.2. Review and summarize the information contained in the existing GIS, relevant to the irrigation system. 2.3. Verify information relative to existing City As-builts (City to provide copy of As-builts). 2.4. Assist City staff with updating the GIS database to reflect the most recent information including construction of projects subsequent to the 1999 development of the GIS database. 2.5. Identify additional information to be collected by City staff using GPS surveys to locate major facilities (pump stations), major junction points (connection to waterways, system interconnections, terminus points, etc.). 2.6. Review existing elevation data and identify additional information to be collected using GPS survey under Task 4 2.7. Prepare a Technical Memorandum assessing existing data, limitations, deficiencies, and needs. 2.8. Integrate new field information into GIS and adjust positioning display of existing irrigation system as necessary. Task 3 — Hydraulic Modeling Analysis As part of the 1999 MIP, a hydraulic model of the General -308 System was assembled and used for preliminary evaluation purposes. This task will result in a new updated and calibrated hydraulic model of the system using EPANET v2, which is the hydraulic engine of current state-of-the-art software packages on the marketplace. The following subtasks will be performed under this task: 3.1. Review and evaluate analysis criteria, water use, hydraulic modeling conclusions, and other assumptions from the 1999 MIP. A Technical Memorandum will be prepared to summarize existing data, deficiencies, and recommendations. 3.2. Develop evaluation, performance, and sizing criteria for modeling and summarize in a Technical Memorandum. 3 3. Update hydraulic model using GIS information and any supplemental field information collected. 3.4. Calibrate hydraulic model. 3.5. Evaluate irrigation system using updated and calibrated model and identify pipeline segments for rehabilitation. 3.6. Develop implementation schedule and effect of improvements on water use and losses. 3.7. Identify priority segments for design of select improvements by June 2004 and construction beginning October 2004. Task 4 — Field Investigation and Data Collection Field investigations will be conducted to expand those completed during the development of the 1999 MIP. This work will be coordinated with our subconsultant, Huibregtse, Louman Associates, Inc. (HLA). Carollo will coordinate information gathering with HLA and the City and prioritize field investigations and scope to meet budget expectations. Completion of this work will verify the data presented in the 1999 MIP, and create a graphic to show the anticipated repair/replacement schedule and project locations. The graphic will be available for presentation to the public and the City Council. This task will include: 4.1. Identify failure areas and the failure mode based on field reports and conversations with operations and maintenance crews and written records. This subtask will include review and compilation of existing reports, meetings with City staff, and documentation of findings in a Technical Memorandum. 4.2. Perform field verifications, as necessary and possible within the budget, to confirm the condition of the existing conveyance system for use in modeling under Task 3. 4.3. Perform elevation checks using GPS at any locations identified under Task 2. 4.4. Perform field investigations of recommended rehabilitation segments to collect information necessary to make construction recommendations under Task 5 Hydraulic analyses completed in Task 3 will be used to evaluate the effect of each project on the system as a whole and to determine which projects provide the greatest benefit to the system. A standardized field collection form will be used for collecting data at each site and shall include digital photos. Information to be collected will include identification of surface features and potential obstructions, approximate location of irrigation lines, street crossings, and observable utility crossings, preliminary determination of need for additional ROW work, and locations for set-up and installation of pipe rehabilitation during construction. 4.5. Evaluate relocation/re-routing options to move the existing pipes from backyard or alley easements to the public ROW in roadways to improve access for maintenance and operations. 4.6. Perform system access review to determine adequate system access is available through either manholes on gravity lines or pressure manholes on force mains so that the new lines can be monitored by operations and maintenance personnel. Task 5 — Recommend Construction Methods & Materials Construction methods will be evaluated for each of the projects developed under Task 4, above. Standard cut and cover techniques are commonly the most economical in areas where there are few existing underground utilities and easy access for installation equipment. Trenchless technologies will be evaluated for use when crossing utility corridors, in high traffic streets, or in established residential areas. The following subtasks will be performed under this task: 5.1. Prepare Technical Memorandum on trenchless technology methods including pipe bursting, horizontal directional drilling (HDD), microtunneling, pneumatic boring, and slip lining. Memorandum will include discussion of techniques and comparison to cut and cover, relative costs, limitations, constraints, impacts on near -by structures, trade-offs, and other information applicable to upgrade of the irrigation system. 5.2. Identify area contractors capable of performing trenchless technology work and discuss suitability, budgetary costs, and applicability of technologies to this project. 5.3. Evaluate and recommend use of technologies for rehabilitation segments identified under Task 3. 5.4. Prepare Technical Memorandum summarizing upgrade recommendations complete with graphics identifying rehabilitation segments with recommended upgrade techniques. 5.5. Review upgrade recommendations with City staff at Workshop No. 2. Task 6 — Develop Implementation Schedule and Costs This task consists of developing a phased implementation plan for rehabilitating the General -308 Irrigation System. Proposed schedules must take into account the fact that system delivery cannot be interrupted between April 1 and October 15 each year. The projects' schedules will be developed based on realistic construction timelines that can be implemented so water withdrawals are below 4,741 acre feet per year for the water year 2013, the date by which the City is required to reduce water withdrawals. The following subtasks will be performed as part of this work element: 6.1. Prioritize rehabilitation segments based on the magnitude of deficiency and projected improvements when rehabilitated. 6.2. Prepare estimates of probable costs (construction + engineering + contingency) for each rehabilitation segment. Estimates will be prepared using quantity take -offs from the modeling and with cost information obtained from local contractors, manufacturers, and comparative costs from similar projects. 6.3. Identify scheduling constraints and anticipated project durations for rehabilitation segments. 6.4. Identify segments that could potentially be rehabilitated during the irrigation season in conjunction with temporary water delivery methods to ensure service to affected areas. 6.5. Prepare implementation schedule based on prioritization schedule, project costs, and City's budget. Task 7 — Prepare Preliminary Design Report 7.1. Prepare draft report summarizing project background, approach, modeling criteria and results, field investigations, rehabilitation alternatives, recommended improvements, anticipated costs, implementation schedule, and appendices information. Copies of draft will be distributed to City, Project Team, and regulatory personnel for review. 7.2. Prepare final report incorporating comments on draft report as applicable. An Executive Summary section will bring forward the most significant findings of the project. Report graphics will include identification of all recommended rehabilitation segments. Appendices will include copies of field investigations, model output, and technical memorandums. Eight copies of the final report will be submitted to the City in three-ring binders. Task 8 — Prepare and Present Project Information to City Council 8.1. Prepare project summary and graphic for distribution to City Council showing relationship of preliminary design project with overall project tasks and showing projected project timelines. 8.2. Prepare presentation materials and coordinate presentations with City staff. 8.3. Make presentations at two Council meetings to be scheduled by the City. PAYMENT CITY shall pay ENGINEER on an hourly basis in accordance with the attached fee schedule (Exhibit C). Subconsultants and other direct costs shall be invoiced at actual cost without mark-up. ENGINEER's total compensation for the Scope of Services identified in this Task order shall not exceed the amount of two hundred ninety three thousand five hundred and eighty dollars ($293,580), without additional authorization from CITY. EXHIBIT B TIME OF PERFORMANCE Performance of services described in Exhibit A shall begin immediately upon notice to proceed (NTP). Major milestones shall be as follows: • Submit Technical Memorandum (TM) per Subtask 2.7: Within 4 weeks of NTP • Workshop No. 1: Within 5 weeks of NTP • Submit TMs per Subtasks 3.1 and 3.2: Within 2 months of NTP • Update Hydraulic Model/Preliminary Evaluations: Within 4 months of NTP • Identify Priority Segments per Subtask 3.7: Within 4 months of NTP • Submit TM per Subtask 5.1: Within 4 months of NTP • Submit TM per Subtask 5.4: Within 5 months of NTP • Workshop No. 2: Within 5 months of NTP • Submit Implementation Schedule/Costs per Task 6: Within 6 months of NTP • Submit Draft Preliminary Design Report: Within 7 months of NTP • Submit Final Preliminary Design Report. Within 8 months of NTP • Council Presentations. To be determined by City staff \\Isnt\Users\dbrown\My Documents\My Docs\CIP Projects\1 834 Irr Plan\Rebuild process\Preliminary Design Carollo\Legal Review contracts\water- .......II.._cnni..eer_.�„„ ..-4.-1,ika 1,_17 g_m .dn.. EXHIBIT C CAROLLO ENGINEERS, PC FEE SCHEDULE As of March 1, 2003 Boise, Idaho Hourly Rate Engineers/Scientists (E/S) E/S I $78 00 E/S 11 90 00 E/S III 112.00 E/S IV 125 00 E/S V 136 00 E/S VI 149 00 E/S VII 160 00 E/S VIII 176 00 Principal 183 00 Engineering Aides (EA) EA I EA II EA III EA IV EA V EA VI EA VII Engineering Technicians (ET) ET I ET II ET III ET IV ET V ET VI ET VII ET VIII 54.00 61.00 75 00 81 00 89 00 111.00 125 00 60.00 63.00 68 00 72.00 79 00 92.00 104 00 125 00 Support Staff Office Aides 38.00 Clerical 57 00 Word Processors 68 00 Project Equipment Communication Expense 6 00 (PECE) Per DL Hour Travel and Subsistence at cost Mileage 36/mile Subconsultant at cost Other Direct Costs at cost This fee schedule is subject to annual revisions due to labor adjustments. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM TITLE. General -308 Irrigation Preliminary Design SUBMITTED BY: Dave Brown, Water/Irrigation Manager Glenn Rice, Assistant City Manager CONTACT PERSON/TELEPHONE: Dave Brown / 575-6204 SUMMARY EXPLANATION: Item No. For Meeting Of 12/16/2003 Staff respectfully requests City Council to approve the attached resolution authorizing the City Manager to execute the accompanying contract with Carollo Engineers, P.C. of Boise, Idaho for the General -308 Irrigation Preliminary Design and subsequent contracts for the production of construction documents and contact administration. This contract requires Carollo Engineers, P.C. to develop a preliminary design for the replacement / rebuilding of the General -308 Irrigation System. in July of 2003 Council chose to rebuild / refurbish the Irrigation System with the General -308 System as the highest priority project along with the necessary rate increases to fund the project. In October 2003 Council approved a Revenue Bond Ordinance and directed staff to prepare the documents necessary to obtain the revenue bond to finance the rebuilding of the General -308 Irrigation System. Financial support for this contract will be from appropriations approved by Council in the 479 Irrigation CIP Fund, with an anticipated revenue bond. Not to Exceed Engineering Cost $293,580 Resolution X Ordinance Contract _X Other Specify) Mail to: Paul Walker, Carollo Engineers; 12592 Explorer Dr., Suite 200; Boise, ID 83713 _Phone: 208-376-2288 Funding Source 479 Irri tion CIP Fund an, Bond Proceeds APPROVED FOR SUBMITTAL: `-=-. City Manager STAFF RECOMMENDATION: Approve resolution authorizing the City Manager to execute the accompanying contract for the General -308 Irrigation Preliminary Design and subsequent contracts for the production of construction documents and contact administration by Carollo Engineers, P.C. of Boise, Idaho. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted; George and Place voting nay. RESOLUTION NO. R-2003-151 AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND HUIBREGTSE, LOUMAN ASSOCIATES, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this •9 ' day of 6%2C8r!dgo , 2006, 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 391h 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 GLENN DRIVE AND MACLAREN RESERVOIRS IMPROVEMENT PROJECT Professional Services, herein called the "PROJECT " WITNESSETH: RECITALS WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and construction of GLENN DRIVE AND MACLAREN RESERVOIRS IMPROVEMENT PROJECT, 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 4, Michael T Battle, PE, as Project Manager and Principal -in -Charge throughout the term of this Agreement unless other personnel are approved by the CITY. 2 1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled "CITY OF YAKIMA - GLENN DRIVE AND MACLAREN RESERVOIRS IMPROVEMENT PROJECT" (WORK) which is part of this Agreement as if fully set forth herein. The Maximum amount of compensation to the Engineer for all work as shown in Exhibit B will be $92,267.00. 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 G:\PROPOSALS\2006\COY GLENN DR & MACLAREN AGR.doc Page 1 of 24 and/or completion time adjustment pursuant to this Agreement shall be made and this Agreement shall be modified in writing accordingly 2 2.2 Compensation for each such request for Additional Services 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:-]hstructions 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. 51 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 G:\PROPOSALS\2006\COY GLENN DR & MACLAREN AGR.doc Page 2 of 24 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 51 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 • That accommodation shall be at a reasonably priced hotel/motel. • That air travel shall be by coach class, and shall be used only when absolutely necessary. 51.2 Telephone charges, computer charges, in-house reproduction charges, first class postage, and FAX charges are not included in the direct expense costs, but are considered included in the Schedule of Specific Hourly Billing Rates 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 G:\PROPOSALS\2006\COY GLENN DR & MACLAREN AGR.doc Page 3 of 24 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 less, 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 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 loss, cost, or expense, including legal fees, of any kind claimed by third parties, including without limitation such loss, cost, or expense resulting from injuries to persons or damages to property, caused solely by the negligence or willful misconduct of the 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, G:\PROPOSALS\2006\COY GLENN DR E. MACLAREN AGR.doc Page 4 of 24 employees, or agents as a result of the negligence or willful misconduct of the ENGINEER, the ENGINEER shall at once cause the same to be dissolved and discharged by giving bond or otherwise (b) CITY agrees to indemnify, defend, and hold the ENGINEER harmless from loss, cost, or expense, including legal fees, of any kind claimed by third parties, including without limitation such loss, cost, or expense resulting from injuries to persons or damages to property, caused solely by the negligence or willful misconduct of the CITY, its employees, or agents in connection with the PROJECT. (c) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such third party claim, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity will apply for such proportion. 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 CITY's INITIALS 6 6 It is 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 In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observation, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution These conditions and cost/execution effects are not the responsibility of the ENGINEER, to the extent that ENGINEER has exercised the applicable standard of professional care and judgment in such investigations. SECTION 7 PROJECT SCHEDULE AND BUDGET 7.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component tasks shall be as set forth in this Agreement and attachments. The project schedule and 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 G\PROPOSALS\2006\COY GLENN DR 8 MACLAREN AGR.doc Page 5 of 24 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 unreasonably withheld, and will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its officers, employees, subcontractors, and affiliated corporations from all claims, damages, 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 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 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 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 G:\PROPOSALS\2006\COY GLENN DR & MACLAREN AGR.doc Page 6 of 24 the CITY shall be separate and distinct and shall not be contributing with the insurance listed hereunder. 101 1 Comprehensive 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 $1,000,000 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: • Conley Engineering, Inc. • Structural Research Company 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. G:\PROPOSALS\2006\COY GLENN DR & MACLAREN AGR.doc Page 7 of 24 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. 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 G:\PROPOSALS\2006\COY GLENN DR & MACLAREN AGR.doc Page 8 of 24 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. 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. G:\PROPOSALS\2006\COY GLENN DR & MACLAREN AGR.doc Page 9 of 24 CITY OF YAKIMA HUIBREGTSE, LOUMAN ASSOCIATES, INC Signature Printed Name. Richard A. Zais, Jr. Title City Manager Date: Signa e Printed Name Jeffrey T. Louman Title President Date. f►ll7/0G City Clerk (1'o/14410j 440 aC01-99 4-aco3-/s/ G:\PROPOSALS\2006\COY GLENN DR & MACLAREN AGR.doc Page 10 of 24 STATE OF WASHINGTON ) ss COUNTY OF YAKIMA ) I certify that I know or have satisfactory evidence that Richard A. Zais, Jr is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the City Manager of the City of Yakima, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated. l ` C G Seal or Stamp G:\PROPOSALS\2006\COY GLENN DR & MACLAREN AGR.doc (Signature) SoV1,lrA 2. eictag- Printed Name My commission expires 7- lc -1 Page 11 of 24 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 NI a1 1 t9 - Seal or Stamp G:\PROPOSALS\2006\COY GLENN DR & MACLAREN AGR.doc (Signe ure) Title c b 4 -A . Vi1GZ-4sor� Printed Name My commission expires: alloloci Page 12 of 24 EXHIBIT A CITY OF YAKIMA - GLENN DRIVE AND MACLAREN RESERVOIRS IMPROVEMENT PROJECT SCOPE OF WORK During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection with the following project: City of Yakima - GLENN DRIVE AND MACLAREN RESERVOIRS IMPROVEMENT PROJECT 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 design engineering, including preparation of plans, specifications and estimate; and services during construction including observation and administration; for a total of two (2) reservoir locations as follows. • Glenn Drive Reservoir - Pump Station Improvements • Maclaren Reservoir - Concrete Surface Repair Improvements 1. PROJECT MANAGEMENT A. Project Management. The project manager will coordinate ENGINEER's design team to ensure that the work is completed on schedule, is technically competent, and meets the CITY's needs. The project manager will provide overall project management for ENGINEER's work elements, including coordination with subconsultants, progress reports, and invoicing. B Project Meetings. Attend up to two (2) project meetings in Yakima with CITY Staff to coordinate the design aspects of each reservoir project with the CITY 2. DESIGN AND FINAL PLANS AND SPECIFICATIONS A. Perform field investigations and field surveying necessary for the design of identified improvements B. Perform the preliminary design and present preliminary plans to the CITY prior to detailing final Plans. C. On the basis of approved preliminary plans, perform the final design and prepare complete Plans and Specifications for each reservoir for bid call on the proposed work, as authorized by the CITY. D Furnish the CITY thirty (30) copies of the final Plans and Specifications for each reservoir for bidding and construction. It is anticipated that the ENGINEER will prepare plans and specifications for this GLENN DRIVE AND MACLAREN RESERVOIRS IMPROVEMENT PROJECT, ready for bidding as follows. • Glenn Drive Reservoir - September 2007 • Maclaren Reservoir - February 2007 E Furnish to the CITY engineering data for and assist in the preparation of the required documents so that the CITY may secure approval of such governmental authorities as have jurisdiction over design criteria applicable to the Project. F. Answer and supply such information as is requested by prospective bidders. G Prepare and issue addenda, if necessary. G:\PROPOSALS\2006\COY GLENN DR & MACLAREN AGR.doc Page 13 of 24 H. Prepare the ENGINEER's Estimate of construction cost. Attend bid opening and participate in the bid opening and evaluation process J Prepare tabulation of all bids received by the CITY and review bidder's qualifications K. Make recommendation of construction contract award to the lowest responsible bidder. 3. SERVICES DURING CONSTRUCTION A. Furnish a qualified resident engineer who shall make necessary construction observations, and whose duty it shall be to provide surveillance of project construction for substantial compliance with Plans and Specifications B. Prepare progress reports on the Project and file same with the CITY and provide monthly progress estimates to the CITY C. Consult and advise the CITY during construction and make a final report of the completed work. D. Monitor the construction contractor's compliance with State labor standards E Review Contractor's submission of samples and shop drawings, where applicable. F. Recommend progress payments for the construction contractor to the CITY. G Prepare and submit proposed contract change orders when applicable H Prepare and furnish reproducible record drawings of all completed work from as -built drawings furnished by the CITY's construction contractor. G:\PROPOSALS\2006\COY GLENN DR & MACLAREN AGR.doc Page 14 of 24 EXHIBIT B GLENN DRIVE RESERVOIR IMPROVEMENT PROJECT 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 shows the estimated time and expenses to perform design engineering, plans, specifications, and estimate for this GLENN DRIVE RESERVOIR IRRIGATION PUMP STATION IMPROVEMENT PROJECT work. The maximum amount of compensation to the ENGINEER for this work will be $39,364. This maximum amount will not be exceeded without the written agreement of the CITY and the ENGINEER DESIGN AND FINAL PLANS AND SPECIFICATIONS PROJECT TITLE. GLENN DRIVE RESERVOIR IRRIGATION PUMP STATION IMPROVEMENT PROJECT CLIENT CITY OF YAKIMA JOB NUMBER: 06104 Huibregtse, Louman Associates, Inc. DATE. November 7, 2006 ENGINEER'S HOURLY ESTIMATE TASK NO PROJECT TASK Principal Engineer Project Engineer Principal Land Surveyor CAD Tech- nician 2 -Man Survey Party Clerical TOTAL HRS TASK DIRECT COSTS $136 $94 $126 $82 $150 $55 1 PROJECT MANAGEMENT A Project Management 10 1 11 1,415 00 B Project Meetings 4 4 1 9 975 00 2 DESIGN AND FINAL PLANS, SPECIFICATIONS, & ESTIMATE A Field investigations and field surveying 2 8 2 6 18 2,176 00 B Perform the preliminary design 2 36 40 8 86 7,376 00 C In-house project review, quality control 2 2 2 2 8 734 00 D Incorporate Agency Review comments 4 8 2 14 1,142.00 E Final design, Plans, and Specifications 2 18 24 4 48 4,152.00 F Furnish 30 copies of Plans and Specifications 1 4 5 314 00 G Furnish engineering data for approvals 2 2 188.00 H Answer bidders questions 2 4 6 648 00 I Prepare and issue addenda 2 6 8 16 1,492.00 J Prepare estimate of construc- tion cost 2 4 2 8 758 00 K Attend bid opening 1 1 2 230 00 L Prepare tabulation of bids 2 2 4 298 00 M Make recommendation of construction contract award 1 1 2 191 00 Labor Subtotal 30 92 2 82 6 27 239 $22,089 00 G:\PROPOSALS\2006\COY GLENN DR & MACLAREN AGR.doc Page 15 of 24 PROJECT TITLE. GLENN DRIVE RESERVOIR IRRIGATION PUMP STATION IMPROVEMENT PROJECT CLIENT CITY OF YAKIMA EXPENSES hours $/hr Computers. 0.00 Travel: Cost/ Unit Air Trips Ground Trp Days Trip Miles Air Travel $0 00 0 00 Mileage $0 00 0 00 Meals/Lodging $0 00 0 00 Misc. expenses. Advertisement 1,500 00 FAX 0 00 TELEPHONE 0 00 POSTAGE 0 00 PRINTING 1,200 00 SUB -CONSULTANTS 1 Conley Engineering, Inc. 9,750 1 1 $10,725 00 2. Structural Research Company 3,500 1 1 $3,850 00 Subtotal - Labor $22,089.00 Subtotal - Expenses $2,700 00 Subtotal - Subconsultants $14,575.00 Total - DESIGN AND FINAL PLANS AND SPECIFICATIONS $39,364.00 G:\PROPOSALS\2006\COY GLENN DR & MACLAREN AGR.doc Page 16 of 24 EXHIBIT B GLENN DRIVE RESERVOIR IMPROVEMENT PROJECT 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 shows the estimated time and expenses to perform Construction Administration and Observation for this GLENN DRIVE RESERVOIR IRRIGATION PUMP STATION IMPROVEMENT PROJECT work The maximum amount of compensation to the ENGINEER for this work will be $25,682.00 This maximum amount will not be exceeded without the written agreement of the CITY and the ENGINEER. CONSTRUCTION ADMINISTRATION AND OBSERVATION PROJECT TITLE. GLENN DRIVE RESERVOIR IMPROVEMENT PROJECT CLIENT CITY OF YAKIMA JOB NUMBER: 06104 Huibregtse, Louman Associates, Inc. DATE. November 7, 2006 ENGINEER'S HOURLY ESTIMATE TASK NO PROJECT TASK Principal Engineer Project Engineer Principal Land Surveyor CAD Tech- nician 2 -Man Survey Party Clerical TOTAL HRS TASK DIRECT COSTS $136 $94 $126 $82 $150 $55 1 CONSTRUCTION ADMINISTRATION AND OBSERVATION A Award and Contract Execution 1 4 2 7 622.00 B Preconstruction Conference 2 2 1 5 515 00 C Review Submittals 1 8 1 10 943 00 D Constructions Meetings 4 4 8 920 00 E Construction Observation (15 days) 8 120 128 12,368 00 F Pay Estimates 1 2 8 11 764 00 G Evaluate and Prepare Change Orders 1 4 2 7 622.00 H Final Review Meeting 2 2 4 460 00 I Record Drawings 1 2 8 11 980 00 J Project Closeout 1 8 9 888 00 K L Labor Subtotal 22 156 8 14 200 $19,082.00 EXPENSES hours $/hr Computers. 0 00 Travel: Cost/ Unit Air Trips Ground Trp Days Trip Miles Air Travel $0 00 0 00 Mileage $0 00 0 00 Meals/Lodging $0 00 0 00 G:\PROPOSALS\2006\COY GLENN DR & MACLAREN AGR.doc Page 17 of 24 PROJECT TITLE. GLENN DRIVE RESERVOIR IMPROVEMENT PROJECT CLIENT CITY OF YAKIMA Misc. expenses. FAX 0 00 TELEPHONE 0 00 POSTAGE 0 00 PRINTING 0 00 SUB -CONSULTANTS 1 Conley Engineering 6,000 1 1 $6,600 00 Subtotal - Labor $19,082.00 Subtotal - Expenses 0 00 Subtotal - Subconsultants $6,600 00 Total - CONSTRUCTION OBSERVATION AND ADMINISTRATION $25,682.00 G:\PROPOSALS\2006\COY GLENN DR & MACLAREN AGR.doc Page 18 of 24 EXHIBIT B MACLAREN RESERVOIR IMPROVEMENT PROJECT 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 shows the estimated time and expenses to perform design engineering, plans, specifications, and estimate for this MACLAREN RESERVOIR IMPROVEMENT PROJECT work. The maximum amount of compensation to the ENGINEER for this work will be $17,179 00. This maximum amount will not be exceeded without the written agreement of the CITY and the ENGINEER. DESIGN AND FINAL PLANS AND SPECIFICATIONS PROJECT TITLE. MACLAREN RESERVOIR IMPROVEMENT PROJECT CLIENT CITY OF YAKIMA JOB NUMBER. 06105 Huibregtse, Louman Associates, Inc. DATE. November 7, 2006 ENGINEER'S HOURLY ESTIMATE TASK NO PROJECT TASK Principal Engineer Project Engineer Principal Land Surveyor CAD Tech- nician 2 -Man Survey Party Clerical TOTAL HRS TASK DIRECT COSTS $136 $94 $126 $82 $150 $55 1 PROJECT MANAGEMENT A Project Management 10 1 11 1,415 00 B Project Meetings 4 4 1 9 975.00 2 DESIGN AND FINAL PLANS, SPECIFICATIONS, & ESTIMATE A Field investigations and field surveying 1 2 2 4 9 1,176.00 B Perform the preliminary design 8 24 16 4 52 4,876 00 C In-house project review, quality control 2 2 4 460 00 D Incorporate Agency Review comments 2 2 4 298.00 E Final design, Plans, and Specifications 6 16 8 30 2,976 00 F Furnish 30 copies of Plans and Specifications 1 4 5 314 00 G Furnish engineering data for approvals 2 2 188 00 H Answer bidders questions 1 2 3 324 00 I Prepare and issue addenda 1 2 1 4 379 00 J Prepare estimate of construc- tion cost 1 2 1 4 379 00 K Attend bid opening 1 1 2 230 00 L Prepare tabulation of bids 2 2 4 298 00 M Make recommendation of construction contract award 1 1 2 191 00 Labor Subtotal 36 62 2 24 4 17 145 $14,479 00 G:\PROPOSALS12006\COY GLENN DR & MACLAREN AGR.doc Page 19 of 24 PROJECT TITLE. MACLAREN RESERVOIR IMPROVEMENT PROJECT CLIENT CITY OF YAKIMA EXPENSES. hours $/hr Computers: 0 00 Travel: Cost/ Unit Air Trips Ground Trp. Days Trip Miles Air Travel $0 00 0 00 Mileage $0 00 0 00 Meals/Lodging $0 00 0 00 Misc. expenses: Advertisement $1,500 00 FAX 0 00 TELEPHONE 000 POSTAGE 0 00 PRINTING $1,200 00 SUB -CONSULTANTS. 1 None Subtotal - Labor $14,479 00 Subtotal - Expenses $2,700 00 Subtotal - Subconsultants 0 00 Total - DESIGN AND FINAL PLANS AND SPECIFICATIONS $17,179 00 G:\PROPOSALS\2006\COY GLENN DR R. MACLAREN AGR doc Page 20 of 24 EXHIBIT B MACLAREN RESERVOIR IMPROVEMENT PROJECT 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 shows the estimated time and expenses to perform Construction Administration and Observation for this MACLAREN RESERVOIR IMPROVEMENT PROJECT work. The maximum amount of compensation to the ENGINEER for this work will be $10,042.00. This maximum amount will not be exceeded without the written agreement of the CITY and the ENGINEER. CONSTRUCTION ADMINISTRATION AND OBSERVATION PROJECT TITLE. MACLAREN RESERVOIR IMPROVEMENT PROJECT CLIENT CITY OF YAKIMA JOB NUMBER. 06105 Huibregtse, Louman Associates, Inc. DATE. November 7, 2006 ENGINEER'S HOURLY ESTIMATE TASK NO PROJECT TASK Principal Engineer Project Engineer Principal Land Surveyor CAD Tech- nician 2 -Man Survey Party Clerical TOTAL HRS TASK DIRECT COSTS $136 $94 $126 $82 $150 $55 1 CONSTRUCTION ADMINISTRATION AND OBSERVATION A Award and Contract Execution 1 4 2 7 622.00 B Preconstruction Conference 2 2 1 5 515 00 C Review Submittals 1 4 1 6 567 00 D Constructions Meetings 2 4 6 648 00 E Part-time Construction Observation (5 days total) 4 40 44 4,304.00 F Pay Estimates 1 2 8 11 764 00 G Evaluate and Prepare Change Orders 1 4 2 7 622.00 H Final Review Meeting 2 2 4 460 00 I Record Drawings 1 2 4 7 652.00 J Project Closeout 1 8 9 888 00 Labor Subtotal 16 72 4 14 106 $10,042.00 EXPENSES hours $/hr Computers: 0 00 Travel: Cost/ Unit Air Trips Ground Trp Days Trip Miles Air Travel $0 00 0 00 Mileage $0 00 0 00 Meals/Lodging $0 00 0 00 Misc. expenses. G:\PROPOSALS\2006\COY GLENN DR & MACLAREN AGR.doc Page 21 of 24 PROJECT TITLE. MACLAREN RESERVOIR IMPROVEMENT PROJECT CLIENT CITY OF YAKIMA FAX 0 00 TELEPHONE 000 POSTAGE 0 00 PRINTING 0 00 SUB -CONSULTANTS. 1 Subtotal - Labor $10,042.00 Subtotal - Expenses 0 00 Subtotal - Subconsultants 0 00 Total - CONSTRUCTION OBSERVATION AND ADMINISTRATION $10,042.00 G:\PROPOSALS\2006\COY GLENN DR & MACLAREN AGR.doc Page 22 of 24 EXHIBIT C SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. (January 1, 2006, Through December 31, 2006) Licensed Principal Engineer $131 00 per hour Licensed Principal Land Surveyor $122.00 per hour Licensed Professional Engineer $109.00 per hour Licensed Professional Land Surveyor $100 00 per hour Project Engineer $91.00 per hour CAD Technician $79.00 per hour Resident Engineer/Inspector $75.00 per hour Surveyor $75 00 per hour Senior Engineering Technician $75.00 per hour Engineering Technician $53.00 per hour Word Processing Technician $53.00 per hour Two Man Survey Party $145.00 per hour Three Man Survey Party $188 00 per hour Vehicle Mileage $0.34 per mile Global Positioning Survey System Fee $75.00 per hour G:\PROPOSALS\2006\COY GLENN DR & MACLAREN AGR.doc Page 23 of 24 EXHIBIT C SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. (January 1, 2007, Through December 31, 2007) Principal Engineer $136 00 per hour Licensed Principal Land Surveyor $126 00 per hour Licensed Professional Engineer $113.00 per hour Licensed Professional Land Surveyor $104.00 per hour Project Engineer $94.00 per hour CAD Technician $82.00 per hour Resident Engineer/Inspector $78 00 per hour Surveyor $78.00 per hour Senior Engineering Technician $78 00 per hour Engineering Technician $55 00 per hour Word Processing Technician $55.00 per hour Two Man Survey Party $150.00 per hour Three Man Survey Party $195 00 per hour Vehicle Mileage $0 34 per mile Global Positioning Survey System Fee $75.00 per hour G:\PROPOSALS\2006\COY GLENN DR 8 MACLAREN AGR.doc Page 24 of 24 Water / Irrigation Division Working Together Toward Excellence in Service and Quality DATE: November 29, 2006 TO: Dick Zais, City Manager FROM: Mike Shane, Water/Irrigation Engineer Dave Brown, Water/Irrigation Division Manager 2301 Fruitvale Blvd Yakima, WA 98902 RE: Glenn Drive and Maclaren Irrigation Reservoirs — Consultant Agreements 1 Attached for your signature are four consultant agreements for Huibregtse, Louman Associates, Inc. to perform design and construction administration services for the above referenced projects The authorization for your signature falls under the omni resolution Council passed allowing you to sign all documents related to the refurbishment — replacement of the Irrigation Systems Briefly, the Glenn Drive Reservoir project will replace an existing pump station building that is undersized and over the years has deteriorated to the point where it no longer provides adequate protection for our irrigation pumping facilities. In addition, a portion of the structure is not adequate to properly support or secure the existing pumps and motors. A new building will be constructed to provide adequate room for all pumps and electrical equipment, provide a more neighborhood friendly structure, provide protection for the equipment from the elements and vandalism, as well as provide the necessary room for employees to operate and maintain the facilities. Mike Shane - Water/Irrigation Engineer (509) 576-6480 Fax (509) 575-6187 rnshane@ci.yakirna.wa.us AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND HUIBREGTSE, LOUMAN ASSOCIATES, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this 02/67 day offGliu G , 2004, 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 PHASE 2 - 308 IRRIGATION PIPELINE REPLACEMENT PROJECT (approximately 25,000 If of pipeline replacement) Design Services, herein called the "PROJECT." WITNESSETH: RECITALS WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and construction of PHASE 2 - 308 IRRIGATION PIPELINE REPLACEMENT PROJECT, 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 Agreement. The above recitals are incorporated into these operative provisions of the 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 Michael T. Battle, PE, as Project Manager and William L. Huibregtse, PE, as Principal -in - Charge throughout the term of this Agreement unless other personnel are approved by the CITY. 2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled "City of Yakima - PHASE 2 - 308 IRRIGATION PIPELINE REPLACEMENT PROJECT" G:Vanis\Yakimal3-JK\YK13-52.wpd 1 (WORK) which is part of this Agreement as if fully set forth herein, for replacement of irrigation pipes shown in Exhibit C, Phase 2 Implementation. 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. 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 B 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 AND RESPONSIBILITY OF CITY The CITY will provide to the ENGINEER or perform the following. a. Provide full information as to CITY requirements of the Project b. Assist the ENGINEER by placing at his disposal all available information pertinent to the Project including previous reports, record drawings, electronic drawings, plats, surveys, utility records, and any other data relative to design and construction of the Project. c. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals, and other documents presented by the ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the work of the ENGINEER. d. Advertise for hearings and proposals for bidders, open the proposals at the appointed time and place, and pay for all costs incidental thereto. e. Obtain approval of all governmental authorities having jurisdiction over the Project and such approvals and consents from such other individuals or bodies as may be necessary for completion of the Project. f Furnish copies of the 308 Irrigation Pipeline Replacement Project "Pre -design and Feasibility Report" prepared for the CITY by Carollo Engineers. ENGINEER G:\Janis\Yakimal3-JK\YK13-52.wpd 2 shall use this report for scope of work, replacement pipeline sizing, and general method of pipeline replacement. 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 ATIME 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. G:\Janis\Yakimal3-JK\YK13-52.wpd 3 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 ❖ 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. G:\Janis\Yakimal3-JK\YK13-52 wpd 4 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 less; 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 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 subcontrac- tors, 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 loss, cost, or expense, including legal fees, of any kind claimed by third parties, including without limitation such loss, cost, or expense resulting from injuries to persons or damages to property, G:\Janis\Yakimal3-JK\YK13-52.wpd 5 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 loss, cost, or expense, including legal fees, of any kind claimed by third parties, including without limitation such loss, cost, or expense resulting from injuries to persons or damages to property, caused solely by the negligence or willful misconduct of the CITY, its employees, or agents in connection with the PROJECT. (c) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such third party claim, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity will apply for such proportion. 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 CITY'S INITIALS 6.6 Itis understood that any resident engineering or inspection provided by ENGINEER is for the purpose of determining compliance with the technical provisions of PROJECT specifications and does not constitute any form of guarantee or insurance with respect to the performance of a contractor ENGINEER does not assume responsibility for methods or appliances used by a contractor, for 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. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observation, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER, to the extent that ENGINEER has exercised the applicable standard of professional care and judgment in such investigations. SECTION 7 PROJECT SCHEDULE AND BUDGET 7.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component tasks shall be as set forth in this Agreement and attachments. The project G: Janis\Yakimal3-JK\YK13-52.wpd 6 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 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, docu- ments 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 fora 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 G:\Janis\Yakima13-JK\YK13-52.wpd 7 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 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 Comprehensive 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. state law. 10.1.4 $1,000,000. Statutory workers' compensation and employer's liability insurance as required by Professional liability insurance The limit of liability shall be not less than Failure of either or all of the additional insureds to report a claim under such insur- ance shall not prejudice the rights of the CITY, its officers, employees, agents, and representa- tives 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 G:\Janis\Yakima13-JK\YK13-52.wpd 8 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 listed below: CITY hereby authorizes the ENGINEER to subcontract with the persons and firms Carollo Engineers, Inc. 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 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. G:'Janis\Yakimal3-JK\YK13-52.wpd 9 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 ter- minate 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. 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 G: \Janis\Yakima 13-J K\Y K 13-52. w pd 10 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. G:\Janis\Yakimal 3-J K\YK13-52.wpd 11 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: William L. Huibregtse, PE, Principal in Charge IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective authorized officers or representatives as of the day and year first above written. CITY OF YAKIMA Signature Printed Name Richard A. Zais, Jr. Title: City Manager Date. Attest /a l/0 y 6.0it.e,„ )4 6)--ewz City Clerk G:\Janis\Yakimal3-JK\YK13-52 wpd HUIBREGTSE, LOUMAN ASSOCIATES, INC vf,e( Signature Printed Name. William L. Huibregtse Title. President Date: CITY CONTRACT NO: 6 -is -o( -I RESOLUTION NO: le' Reed -A.5"/ 12 STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that TFCC 2ici45 is the person who appeared before me, and said person acknowledged thgt he/she signed this instrument, on oath stated that he/she„was authorized to execute the instrument, and acknowledged it as the 42/7, of CITY OF YAKIMA to be the free and voluntary act of such party for the a§es and pu oses mentioned in the instrument. Dated Seal or Stamp G:\Janis\Yakim al 3-J K\YK13-52.wpd (S'• - ure) Title L /NOft /14 . 4).9 T,</41 rS Printed Name My commission expires: a3/cc D �o 13 STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that William L. Huibregtse, PE, is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the 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: J " e Seal or Stamp G: \Ja n is\Yakim a 13-J K\YK13-52.wpd Title Erl'c. / 14erz 01 Printed 'tJame My commission expires: oc 7-• 1 / ZOOS 14 EXHIBIT A CITY OF YAKIMA - PHASE 2 - 308 IRRIGATION PIPELINE REPLACEMENT PROJECT SCOPE OF WORK During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection with the following project: City of Yakima - Phase 2 - 308 Irrigation Pipeline Replacement Project 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 design engineering, preparation of plans, specifications, and estimates for up to three (3) stages of work. 1. PROJECT MANAGEMENT A. Project Management. The project manager will coordinate ENGINEER's design team to ensure that the work is completed on schedule, is technically competent, and meets the CITY's needs. The project manager will provide overall project management for ENGINEER's work elements, including coordination with Carollo Engineers, Inc., progress reports, and invoicing. B. Project Meetings. Attend up to three (6) project meetings in Yakima with CITY Staff to coordinate the design aspects of the project with the CITY. C. Public Meetings. Attend up to three (3) public meetings in support of the CITY to address technical aspects of the work related to final design and preparation of plans and specifications for the Project. 2. DESIGN AND FINAL PLANS AND SPECIFICATIONS A. Perform field investigations and field surveying necessary to supplement existing pre -design data for the design of identified improvements. B. Perform the preliminary design and present preliminary plans to the CITY prior to detailing final Plans. C. On the basis of approved preliminary plans, perform the final design and prepare complete Plans and Specifications for bid call on the proposed work, as authorized by the CITY. It is anticipated that profile views will be required for improvements at railroad crossings only. For all other pipeline improvements, only plan view and details will be prepared and no vertical views or profile views are anticipated or included. D. Furnish the CITY thirty (30) copies of the final Plans and Specifications for bidding and construction. It is anticipated that the ENGINEER will prepare up to three (3) complete sets of plans and specifications for this Phase 2 - 308 Irrigation Pipeline G:'J an i s\Yaki m a 13-J K\Y K 13-52. w pd 15 Replacement Project with each set of plans and specifications ready for bidding in Fall 2004, Fall 2005, and Fall 2006 E Furnish to the CITY engineering data for and assist in the preparation of the required documents so that the CITY may secure approval of such governmental authorities as have jurisdiction over design criteria applicable to the Project. F. Answer and supply such information as is requested by prospective bidders. G. Prepare and issue addenda, if necessary H Prepare the Engineer's Estimate of construction cost. Attend bid opening and participate in the bid opening and evaluation process. J Prepare tabulation of all bids received by the CITY and review bidder's qualifica- tions. K. Make recommendation of construction contract award to the lowest responsible bidder. The following professional services work for this project (SERVICES DURING CONSTRUCTION) is provided for information only at this time. The scope and cost of SERVICES DURING CONSTRUCTION professional services are intended to be negotiated and incorporated into this agreement by supplement/addendum at a later date with the mutual agreement of CITY and ENGINEER. 3. SERVICES DURING CONSTRUCTION A. Furnish the field survey crew necessary to set horizontal and vertical control for the improvements authorized for construction B. Furnish a qualified resident engineer who shall make construction observations and be on the job at all times that significant work is in progress, whose duty shall be to provide surveillance of project construction for substantial compliance with Plans and Specifications. C. Prepare progress reports on the Project and file same with the CITY and provide monthly progress estimates to the CITY. D. Consult and advise the CITY during construction and make a final report of the completed work. E. Monitor the construction contractor's compliance with State labor standards. F. Review Contractor's submission of samples and shop drawings, where applicable. G. Recommend progress payments for the construction contractor to the CITY G: \Janis\Yakima 13-J K\Y K 13-52. w p d 16 H. Prepare and submit proposed contract change orders when applicable. I. Prepare and furnish reproducible record drawings of all completed work from as - built drawings furnished by the CITY's construction contractor. G:\Janis\Yakima 13-J K\YK13-52.wpd 17 EXHIBIT B PHASE 2 - 308 IRRIGATION PIPELINE REPLACEMENT PROJECT 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 shows the estimated time and expenses to perform design engineering, plans, specifications, and estimate for this Phase 2 - 308 Irrigation Pipeline Replacement Project work. The maximum amount of compensation to the ENGINEER for this work will be $229,040.00. This maximum amount will not be exceeded without the written agreement of the CITY and the ENGINEER. PROJECT TITLE. Phase 2 - 308 IRRIGATION PIPELINE REPLACEMENT PROJECT CLIENT CITY OF YAKIMA JOB NUMBER: Huibregtse, Louman Associates, Inc. (03083) DATE. June 9, 2004 ENGINEER'S HOURLY ESTIMATE TASK NO PROJECT TASK Principal Engineer Licensed Prof Engineer Licensed Land Surveyor CAD Operator 2 -Man Survey Crew Clerical TOTAL HRS TASK DIRECT COSTS $123 $101 $94 $73 $135 $49 1 PROJECT MANAGEMENT A Project Management 60 180 0 0 0 48 288 27,912.00 B Project Meetings 24 36 0 4 0 18 82 7,762.00 C Public Meetings 18 24 0 12 0 12 66 6,102.00 2 DESIGN AND FINAL PLANS, SPECIFICATIONS, & ESTIMATE A Field investigations and field surveying 20 80 32 60 160 0 352 39,528.00 B Perform the preliminary design 32 240 8 360 16 12 668 57,956.00 C In-house project review, quality control 12 24 8 0 0 8 52 5,044 00 D Incorporate Agency Review comments 6 48 0 60 0 6 120 10,260 00 E Final design, Plans, and Specifications 24 120 4 240 0 16 404 32,360.00 F Furnish copies of Plans and Specifications 0 8 0 0 0 12 20 1,396.00 G Furnish engineering data for approvals 6 18 0 0 0 6 30 2,850 00 H Answer bidders questions 6 18 0 0 0 0 24 2,556.00 I Prepare and issue addenda 4 18 0 12 0 12 46 3,774 00 J Prepare Estimate of construc- tion cost 4 18 0 12 0 4 38 3,382.00 G:Uanis\Yakima 13-JK\YK13-52.wpd 18 TASK NO PROJECT TASK Principal Engineer Licensed Prof Engineer Licensed Land Surveyor CAD Operator 2 -Man Survey Crew Clerical TOTAL HRS TASK DIRECT COSTS $123 $101 $94 $73 $135 $49 K Attend bid opening 4 12 0 0 0 0 16 1,704 00 L Prepare tabulation of bids 2 6 0 0 0 9 17 1,293 00 M Make recommendation of con- struction contract award 3 6 0 0 0 6 15 1,269 00 Labor Subtotal 225 856 52 760 176 169 2238 206,540 00 EXPENSES: hours $/hr Computers: 0 00 Travel: Cost/ Unit Air Trips Ground Trp Days Trip Miles Air Travel $0 00 0 00 Mileage $0.32 0 00 Meals/Lodging $0 00 0 00 Misc. expenses: FAX 0 00 TELEPHONE 000 POSTAGE 0 00 OUTSIDE PRINTING 6,000 00 SUB -CONSULTANTS 1 Carollo Engineers, Inc. 15,000 00 x 1 1 16,500 00 Subtotal - Labor 206,540 00 Subtotal - Expenses 6,000 00 Subtotal - Subconsultants 16,500 00 Total - DESIGN AND FINAL PLANS AND SPECIFICATIONS $229,040 00 G:\Janis\Yakimal 3-J K\YK13-52.wpd 19 m X 03 4 C EXHIBIT "D" SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. (January 1, 2004, Through December 31, 2004) Principal Engineer $123.00 per hour Licensed Professional Engineer $101.00 per hour Licensed Professional Land Surveyor $94.00 per hour Project Engineer $85.00 per hour CAD Technician $73.00 per hour Resident Engineer/Inspector $70.00 per hour Surveyor $70.00 per hour Senior Engineering Technician $56.00 per hour Engineering Technician $49.00 per hour Word Processing Technician $49 00 per hour Two Man Survey Party $135.00 per hour Three Man Survey Party $176.00 per hour Vehicle Mileage $0.32 per mile Global Positioning Survey System Fee $72.00 per hour G:\Janis\Yakim al 3-JK\YK13-52.wpd EXHIBIT "D" SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. (January 1, 2005, Through December 31, 2005) Principal Engineer $127.00 per hour Licensed Professional Engineer $105.00 per hour Licensed Professional Land Surveyor $97.00 per hour Project Engineer $88.00 per hour CAD Technician $76 00 per hour Resident Engineer/Inspector $72.00 per hour Surveyor $72.00 per hour Senior Engineering Technician $58.00 per hour Engineering Technician $51.00 per hour Word Processing Technician $51.00 per hour Two Man Survey Party $140.00 per hour Three Man Survey Party $182.00 per hour Vehicle Mileage $0.32 per mile Global Positioning Survey System Fee $72.00 per hour G: \Janis\Yakima 13-J K\YK 13-52.wpd EXHIBIT "0" SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. (January 1, 2006, Through December 31, 2006) Principal Engineer $131.00 per hour Licensed Professional Engineer $109.00 per hour Licensed Professional Land Surveyor $100.00 per hour Project Engineer $91.00 per hour CAD Technician $79.00 per hour Resident Engineer/Inspector $75.00 per hour Surveyor $75.00 per hour Senior Engineering Technician $60.00 per hour Engineering Technician $53.00 per hour Word Processing Technician $53 00 per hour Two Man Survey Party $145.00 per hour Three Man.Survey Party $188.00 per hour Vehicle Mileage $0.34 per mile Global Positioning Survey System Fee $75.00 per hour G.\Janis\Yakima 13-J K\YK13-52.wpd AGREEMENT FOR PROFESSIONAL SERVICES ADDENDUM NO. 1 This Addendum, hereinafter identified as Addendum No. 1, is hereby entered into and made a part of the Agreement between City of Yakima, Washington, and Huibregtse, Louman Associates, Inc., for Professional Services first entered into on the 21s` day of June 2004, by the CITY OF YAKIMA, hereinafter called the "CITY," and HUIBREGTSE, LOUMAN ASSOCIATES, INC., hereinafter called the "ENGINEER." WITNESSETH: That in consideration of the mutual covenants and agreements herein contained, the parties hereto do mutually agree to amend, revise, and/or add the following to the referenced Agreement: SECTION 2 SCOPE OF SERVICES 2.1 Basic Services: ENGINEER agrees to perform additional work tasks described in the attached Addendum No. 1 Exhibit A: Phase 2 / Stage 1 - 308 Irrigation Pipe- line Replacement Project - Engineering Services During Construction. SECTION 5 COMPENSATION 5.1 COMPENSATION ON A TIME SPENT BASIS: For the services described in the attached Addendum No. 1 Exhibit A, compensation shall be on a time spent plus expenses basis with estimated fees shown on the attached Addendum No. 1 Exhibit B at the ENGINEER'S normal hourly billing rates shown on Exhibit D. IN WITNESS WHEREOF the parties hereto duly enter into and execute this Addendum No. 1, as of this IST`` day of 6-e , 2004. CITY OF YAKIMA HUIBREGTSE, LOUMAN ASSOCIATES, INC. aide Signature Sinature 9 9 Printed Name: Richard A. Zais, Jr. Printed Name: William" L. Huibregtse Title: City. Manager Title: President Date: 1S-011 Date: Attest `ff,...,--- XJ City Clerk City Contract No. e2° a `F — 7/ : @ SEAL r -78111 N6S Resolution No. /e- a ° ° 3 - i S/ G:\JAN\YAKI MA -J C4\68.wpd HLA Project No. 03083 Page 1 of 5 ADDENDUM NO. 1 EXHIBIT A CITY OF YAKIMA PHASE 2 / STAGE 1 - 308 IRRIGATION PIPELINE REPLACEMENT PROJECT ENGINEERING SERVICES DURING CONSTRUCTION SCOPE OF WORK During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection with the following project: City of Yakima - Phase 2 / Stage 1 - 308 Irrigation Pipeline Replacement Project This scope of work shall include the furnishing of engineering services during construction, labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the work as indicated hereinafter, for the following irrigation pipe replacement project: General 308 Irrigation System Phase 2 / Stage 1 Improvements: Slipline approximately 5,330 LF of new 30 -inch diameter HDPE pipe, approximately 1,665 LF of new 18 -inch diameter HDPE pipe, approximately 790 LF of new 16 -inch diameter HDPE pipe, and approximately 430 LF of new 3 -inch HDPE pipe in existing wood stave, ductile iron, and steel pipes. Work includes connection to existing pipes of various materials, new services, valves, surface restoration, and other related improvements. (See attached Overall Plan of the Project Area.) 3. SERVICES DURING CONSTRUCTION A. Furnish a qualified resident engineer who shall make construction observations and be on the job at all times that significant work is in progress, whose duty shall be to provide surveillance of project construction for substantial compliance with Plans and Specifications. B. Prepare progress reports on the Project and file same with the CITY and provide monthly progress estimates to the CITY. C. Consult and advise the CITY during construction and make a final report of the completed work. D. Monitor the construction contractor's compliance with State labor standards. E. Review Contractor's submission of samples and shop drawings, where applicable. F. Recommend progress payments for the construction contractor to the CITY. G: JAN\YAKIMA-JC4\68.wpd Page 2 of 5 G. Prepare and submit proposed contract change orders when applicable. H. Prepare and furnish reproducible record drawings of all completed work from as - built drawings furnished by the City's construction contractor. TIME OF PERFORMANCE Engineering Services During Construction for this Phase 2 / Stage 1 - 308 Irrigation Pipeline Replacement Project shall begin upon construction contract award by the CITY to the lowest responsible bidder (anticipated October 2004) and extend through construction contract completion (anticipated April 15, 2005). G:\JAN\YAKI MA -J C4168.wpd Page 3 of 5 ADDENDUM NO. 1 EXHIBIT B 308 IRRIGATION PIPELINE REPLACEMENT PROJECT PHASE 2/ STAGE 1 IMPROVEMENTS Engineering Services During Construction Fees Compensation for professional engineering services during construction will be on a time spent plus expenses basis at the ENGINEER's normal hourly rates shown on Exhibit D. The following spreadsheet shows the estimated time and expenses to perform engineering services during construction for this project. The maximum amount of compensation to the ENGINEER for engineering services during construction will be $121,140.00. This maximum amount will not be exceeded without the written agreement of the CITY and the ENGINEER. PROJECT TITLE. 308 Irrigation Pipeline Replacement Project Phase 2 / Stage 1 YAKIMA CLIENT CITY OF JOB NUMBER: 04056A -C Huibregtse, Louman Associates, Inc. DATE. September 14, 2004 ENGINEER'S HOURLY ESTIMATE TASK NO PROJECT TASK Principal ; Engineer Licensed 1 Project CAD Resident Prof I Engineer Operator ' Engineer/ Engineer i i Inspector Clerical TOTAL HRS TASK FEES $123 $101 $94 $73 $70 $49 1 Construction Observation 4 32 90 0 ! 880 0 1006 73,784.00 2 Construction Administration 4 48 64 0 0 16 132 12,140.00 3 Submittal Review 4 24 40 0 16 8 92 8,188.00 4 State Labor Standards Compliance 0 0 60 0 0 8 68 6,032.00 5 Progress Reports 4 8 30 0 24 8 74 6,192.00 6 Progress Payments 4 8 30 0 24 8 74 6,192.00 7 Change Orders 4 8 16 0 1 16 8 52 4,316.00 8 Record Drawings 0 8 8 16 16 2 50 3,946 00 Labor Subtotal 24 136 ! 338 16 976 58 1548 120,790.00 .. EXPENSES' hours $/hr Computers: 0.00 Travel: Cost/ Unit Air Trips ; Ground ; Trp. Days 1 Trip Miles Air Travel $0.00 1 0.00 Mileage $150 150.00 G:\JAN\YAK I M A -J C4\68.wpd Page 4 of 5 TASK NO PROJECT TASK Principal Engineer Licensed Prof 1 Engineer ' Project Engineer CAD Resident Operator j Engineer/ Inspector Clerical TOTAL HRS TASK FEES $123 $101 $94 $73 $70 $49 Meals/Lodging $0.00 0.00 Misc. expenses: FAX j 0 00 TELEPHONE " " j 0 00 POSTAGE 1 0.00 PRINTING i 200 00 SUB -CONSULTANTS: None Anticipated 0.00 x 1.1 I 0.00 Subtotal - Labor 120,790 00 Subtotal - Expenses 350 00 Subtotal - Subconsultants 0.00 Total - ENGINEERING SERVICES DURING CONSTRUCTION $121,140 00 G:\JAN\YAKI MA-JC4\68.wpd Page 5 of 5 ..o S13305 900,0\.00Z\5133'Obd\ ♦M]IVA 40 4413 tN31U 137000 04303301030 30113010 1400401H81 0 - Z 30000 3110 CV b �8 d g 6o g O C\1 OVERALL PLAN & GENERAL NOTES R6 ti 6 2, 0 gE e$01; 042 Boge 514 ie g1$bg P, 414 aqx eM'd C gg YLa K 0 0 00 a s Rlei 5g gb§1 .b Y AGREEMENT FOR PROFESSIONAL SERVICES ADDENDUM NO. 2 This Addendum, hereinafter identified as Addendum No. 2, is hereby entered into and made a part of the Agreement between City of Yakima, Washington, and Huibregtse, Louman Associates, Inc., for Professional Services first entered into on the 21St day of June 2004, and Addendum No. 1 executed on September 13, 2004, by the CITY OF YAKIMA, hereinafter called the "CITY," and HUIBREGTSE, LOUMAN ASSOCIATES, INC., hereinafter called the "ENGINEER." WITNESSETH: That in consideration of the mutual covenants and agreements herein contained, the parties hereto do mutually agree to amend, revise, and/or add the following to the referenced Agreement: SECTION 2 SCOPE OF SERVICES 2.1 Basic Services: ENGINEER agrees to perform additional work tasks described in the attached Addendum No. 2 Exhibit A - West Yakima Irrigation System Improvements. SECTION 5 COMPENSATION 5.1 COMPENSATION ON A TIME SPENT BASIS: For the services described in the attached Addendum No. 2 Exhibit A, compensation shall be on a time spent plus expenses with estimated fees shown on the attached Addendum No. 2 Exhibit B, at the ENGINEER'S normal hourly billing rates shown on Exhibit D. SECTION 7 PROJECT SCHEDULE AND BUDGET Add the following: "7.3 The ENGINEER shall complete the design and final plans and specifications for the West Yakima Irrigation System Improvements, ready for bid advertisement by September 1, 2005. IN WITNESS WHEREOF the parties hereto duly enter into and execute this Addendum No. 2, as of this t l Lt* day of Dc -Tb, 2004. G:\JAN\YAK I MA -J C4\71.wpd HLA Project No. 04088 Page 1 of 7 CITY OF YAKIMA HUIBREGTSE, LOUMAN ASSOCIATES, INC. Signature Signature Printed Name: Printed Name: Richard A. Zais, Jr. William L. Huibregtse Title: Title: City Manager President Date: /O- /I—D f Date: 10-g- 04- ,-- ,(p K I Mq'., Attest ah¢„,✓ ® *. City Clerk i SEAL f City Contract No. 20o4- 71 ;Ttiic `�_i Resolution No. 2 - 7.-003 - / S/ G:\JAN\YAKI MA-JC4171.wpd HLA Project No. 04088 Page 2 of 7 ADDENDUM NO. 2 EXHIBIT A CITY OF YAKIMA SCOPE OF WORK WEST YAKIMA IRRIGATION SYSTEM IMPROVEMENTS During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection with the following project: City of Yakima - WEST YAKIMA IRRIGATION SYSTEM IMPROVEMENTS 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, for the following irrigation pipe replacement project: The West Yakima Irrigation System Improvements within the City of Yakima. The project is generally bounded to the north by Summitview Avenue, to the south by West Yakima Avenue, to the west by North 28th Avenue, and to the east by Gilbert Drive. The system includes approximately 10,400 linear feet of existing 2 -inch, 3 -inch, 4 -inch, 5 -inch, and 8 - inch irrigation pipelines to be replaced. ASSUMPTIONS: This scope of work is prepared and offered with the following understanding: ❖ CITY shall provide full information as to project requirements. ❖ CITY shall assist the ENGINEER by placing at his disposal all available information pertinent to the Project including previous reports, drawings, plats, surveys, easements, utility records, and any other data relative to design and construction of the Project. ❖ CITY shall provide all easements and rights of way necessary for replacement/ installation of these irrigation pipelines. ❖ CITY shall examine all studies, reports, sketches, estimates, specifications, drawings, proposals, and other documents presented by the ENGINEER and render decisions in writing pertaining thereto within a reasonable time so as not to delay the work of the ENGINEER. •3 CITY shall advertise for meetings and proposals for bidders, open the proposals at the appointed time and place, and pay for all costs incident thereto. G:\JAN\VAKI MA -J C4\71.wpd HLA Project No. 04088 Page 3 of 7 ❖ CITY shall make contact with and provide information to all affected property owners and coordinate required meetings. CITY shall obtain approval of all governmental authorities having jurisdiction over the Project and such approvals and consents from such other individuals or bodies as may be necessary for completion of the Project. 1. PROJECT MANAGEMENT A. The project manager will coordinate ENGINEER's design with CITY staff to ensure work is completed on schedule, is technically competent, and meets the CITY's needs. B. Attend up to two (2) project meetings with CITY staff to coordinate design aspects of the project with the CITY. C. Attend up to two (2) neighborhood meetings, in support of the CITY to address technical aspects of the work related to design and final plans and specifications for the Project. 2. DESIGN AND FINAL PLANS AND SPECIFICATIONS A. Perform necessary field investigations to design the project. Twenty-four (24) hours of field surveying is anticipated and included in the estimate of professional services fees. B. Evaluate alternatives for replacement of the identified irrigation pipelines. C. Perform the preliminary design and present preliminary plans to the CITY prior to detailing final Plans. D. On the basis of approved preliminary plans, perform the final design and prepare complete Plans and Specifications for bid call on the proposed work, as authorized by the CITY. Plans will include plan view and details only. No profile views will be included. E. Furnish the CITY a reproducible original of the final Plans and Specifications. F. Print up to fifty (50) copies of the final plans and specifications and distribute to contractors, subcontractors, suppliers, plan centers, government agencies, and others with interest in the project. G. Furnish to the CITY engineering data for and assist in the preparation of the required documents so the CITY may secure approval of such governmental authorities as have jurisdiction over design criteria applicable to the Project. H. Answer and supply such information as is requested by prospective bidders. Prepare and issue addenda, if necessary. J. Prepare the ENGINEER's estimate of construction cost. G:\JAN\YAK I MA -J C4\71.wpd HLA Project No. 04088 Page 4 of 7 K. Attend bid opening and participate in the bid opening and evaluation process. L. Prepare tabulation of all bids received by the CITY and review bidder's quali- fications. M. Make recommendation of construction contract award to the lowest responsible bidder. G:\JAN\YAKIMA-JC4\71 wpd HLA Project No. 04088 Page 5 of 7 ADDENDUM NO. 2 EXHIBIT B WEST YAKIMA IRRIGATION SYSTEM IMPROVEMENTS Professional Fees Compensation for professional services for Design and Final Plans and Specifications will be on a time spent plus expenses basis at the ENGINEER's normal hourly rates shown on Exhibit D. The following spreadsheet shows the estimated time and expenses to perform this Design and Final Plans and Specifications. The maximum amount of compensation to the ENGINEER for this Design and Final Plans and Specifications will be $43,408.00. This maximum amount will not be exceeded without the written agreement of the CITY and the ENGINEER. PROJECT TITLE. WEST YAKIMA IRRIGATION SYSTEM IMPROVEMENTS CLIENT CITY OF YAKIMA JOB NUMBER: 04088 Huibregtse, Louman Associates, Inc. DATE. October 5, 2004 ENGINEER'S HOURLY ESTIMATE TASK NO PROJECT TASK Principal Licensed ; Licensed Engineer Prof I Land Engineer ' Surveyor CAD Operator 2 -Man Surveys II Clerical TASK TOTAL 'DIRECT HRS , COSTS $123 $101 $94 $73 $135 I $49 1 Orientation and research 4 8 0 0 0 0 12 1,300.00 2 Evaluate alternatives 2 24 I 0 0 0 0 26 j 2,670 00 3 Prepare plan base maps 0 24 0 48 0 0 72 5,928.00 4 Preliminary design and details 4 56 j 8 120 24 0 212 18,900.00 5 Participate in neighborhood meetings 4 16 0 8 0 4 32 2,888.00 1 6 Final plans/specs 4 32 8 48 0 8 100 j 8,372.00 7 Bidding process 4 12 0 0 0 2 18 1,802.00 8 Open and evaluate bids 2 4 0 0 0 2 8 748.00 Labor Subtotal 24 176 16 224 24 16 480 42,608 00 EXPENSES hours $/hr Computers: ! 0 00 Travel: Cost/ Air Trips i Ground Unit Trp. Days Trip ' Miles Air Travel $0 00 0 00 Mileage $0 00 1 0 00 Meals/Lodging $0 00 I 1 0 00 G: JAN\YAKIMA-JC4\71.wpd HLA Project No. 04088 Page 6 of 7 TASK 1 NO I PROJECT TASK Principal Licensed Licensed CAD Engineer Prof. Land Operator Engineer Surveyor 2 -Man Surveys Clerical TOTAL HRS TASK DIRECT COSTS $123 i $101 $94 $73 $135 $49 Misc. expenses: FAX 0 00 TELEPHONE0 00 POSTAGE 0 00 PRINTING j 800.00 SUB -CONSULTANTS. X 1 1 1 1 0.00 Subtotal - Labor 42,608.00 Subtotal - Expenses 800.00 Subtotal - Subconsultants 0.00 Total - DESIGN AND FINAL PLANS AND SPECIFICATIONS $43,408.00 G:\JAN\YAKIMA-JC4\71 wpd HLA Project No. 04088 Page 7 of 7 AGREEMENT FOR PROFESSIONAL SERVICES ADDENDUM NO. 3 This Addendum, hereinafter identified as Addendum No. 3, is hereby entered into and made a part of the Agreement between City of Yakima, Washington, and Huibregtse, Louman Associates, Inc., for Professional Services first entered into on the 215 day of June 2004, Addendum No. 1 executed on September 13, 2004, and Addendum No. 2 executed on October 11, 2004, by the CITY OF YAKIMA, hereinafter called the "CITY," and HUIBREGTSE, LOUMAN ASSOCIATES, INC , hereinafter called the "ENGINEER." WITNESSETH: That in consideration of the mutual covenants and agreements herein contained, the parties hereto do mutually agree to amend, revise, and/or add the following to the referenced Agreement: SECTION 2 SCOPE OF SERVICES 2.1 Basic Services: ENGINEER agrees to perform additional work tasks described in the attached Addendum No. 3 Exhibit A: West Yakima Irrigation System Improvements - Engineering Services During Construction. SECTION 5 COMPENSATION 5.1 COMPENSATION ON A TIME SPENT BASIS: For the services described in the attached Addendum No. 3 Exhibit A, compensation shall be on a time spent plus expenses basis with estimated fees shown on the attached Addendum No. 3 Exhibit B at the ENGINEER'S normal hourly billing rates shown on Exhibit D. IN WITNESS WHEREOF the parties hereto duly enter into and execute this Addendum No. 3, as of this a 74''^ day of SLia,. , 2005. CITY OF YAKIMA HUIBREGTSE, LOUMAN ASSOCIATES, INC. ,1/6( Signature Signature Printed Name. Richard A. Zais, Jr. Printed Name: William L. Huibregtse Title. City Manager Date: q - Attest htsr— City Clerk City Contract No. a OD((— , f Resolution No. g_ a 3 ` 15/ Title: President Date: 9--Z2_oj .�p,KlM.q o SEAT G: \JAN \YAK I M A -J C 5\ 12. w pd Page 1 of 5 ADDENDUM NO. 3 EXHIBIT A CITY OF YAKIMA WEST YAKIMA IRRIGATION SYSTEM IMPROVEMENTS ENGINEERING SERVICES DURING CONSTRUCTION SCOPE OF WORK During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection with the following project: City of Yakima - West Yakima Irrigation System Improvements This scope of work shall include the furnishing of engineering services during construction, labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the work as indicated hereinafter, for the following irrigation pipe replacement project: West Yakima Irrigation System Improvements: City of Yakima Project No. IR2099 Irrigation system improvements including sliplining approximately 7,500 linear feet of new 2", 3", 4", 6", 8", and 10" HDPE pipes; open -cutting approximately 3,750 linear feet of new 2", 3", 4", 6", and 8" HDPE pipes; bursting/pneumatically boring approximately 500 linear feet of new 2" HDPE pipes; and installing approximately 270 service connections. Work includes installation of new mainline valves, service valves, and service pipes; connection to existing mainline and service pipes of various materials; abandonment and/or removal of existing pipe and valves; surface restoration including asphalt pavement, cement concrete pavement, gravel surfacing, cement concrete curb and gutter, and lawns; and other related improvements. See attached Overall Plan of the Project Area. 3. SERVICES DURING CONSTRUCTION A. Furnish a qualified resident engineer who shall make construction observations and be on the job at all times that significant work is in progress, whose duty shall be to provide surveillance of project construction for substantial compliance with Plans and Specifications. B. Prepare progress reports on the Project and file same with the CITY and provide monthly progress estimates to the CITY. C. Consult and advise the CITY during construction and make a final report of the completed work. D. Monitor the construction contractor's compliance with State labor standards. E. Review Contractor's submission of samples and shop drawings, where applicable. G:\JAN\YAKI MA-JC5\12.wpd Page 2 of 5 F. Recommend progress payments for the construction contractor to the CITY. G. Prepare and submit proposed contract change orders when applicable. H. Prepare and furnish reproducible record drawings of all completed work from as - built drawings furnished by the City's construction contractor. TIME OF PERFORMANCE Engineering Services During Construction for this West Yakima Irrigation system Improvement Project shall begin upon construction contract award by the CITY to the lowest responsible bidder (anticipated October 2005) and extend through construction contract completion (anticipated April 15, 2006). G 1J AN\YAKI MA -J C5\ 12.wpd Page 3 of 5 ADDENDUM NO. 3 EXHIBIT B WEST YAKIMA IRRIGATION SYSTEM IMPROVEMENTS Engineering Services During Construction Fees Compensation for professional engineering services during construction will be on a time spent plus expenses basis at the ENGINEER's normal hourly rates shown on Exhibit D. The following spreadsheet shows the estimated time and expenses to perform engineering services during construction for this project. The maximum amount of compensation to the ENGINEER for engineering services during construction will be $114,342.00. This maximum amount will not be exceeded without the written agreement of the CITY and the ENGINEER PROJECT TITLE. West Yakima Irrigation System Improvements CLIENT CITY OF YAKIMA JOB NUMBER: 04088-C Huibregtse, Louman Associates, Inc. ENGINEER'S HOURLY ESTIMATE DATE. September 16, 2005 TASK NO PROJECT TASK Principal Engineer Licensed Prof Engineer Project Engineer CAD Operator Resident Engineer/ Inspector Clerical TOTAL HRS TASK FEES $131 $109 $91 $79 $75 $53 1 Construction Observation 4 48 80 0 800 0 932 73,036 00 2 Construction Administration 4 32 64 0 0 16 116 10,684 00 3 Submittal Review 2 16 32 0 16 6 72 6,436.00 4 State Labor Standards Compliance 0 0 48 0 0 6 54 4,686 00 5 Progress Reports 2 8 24 0 24 6 64 5,436 00 6 Progress Payments 2 8 24 0 24 6 64 5,436 00 7 Change Orders 2 8 16 0 16 6 48 4,108.00 8 Record Drawings 0 8 8 16 16 2 50 4,170 00 Labor Subtotal 16 128 296 16 896 48 1400 113,992.00 EXPENSES hours $/hr Computers: 0 00 Travel: Cost/ Unit Air Trips Ground Trp Days Trip Miles Air Travel $0 00 0 00 Mileage $150 150 00 Meals/Lodging $0.00 0 00 Misc. expenses: G:\JAN\YAKI MA-JC5\12.wpd Page 4 of 5 TASK NO PROJECT TASK Principal Engineer Licensed Prof Engineer Project Engineer CAD Operator Resident Engineer/ Inspector Clerical TOTAL HRS TASK FEES $131 $109 $91 $79 $75 $53 FAX 0 00 TELEPHONE 0.00 POSTAGE 0 00 PRINTING 200 00 SUB -CONSULTANTS: None Anticipated 0 00 x 1 1 0 00 Subtotal - Labor 113,992.00 Subtotal - Expenses Subtotal - Subconsultants 350 00 0 00 Total - ENGINEERING SERVICES DURING CONSTRUCTION $114,342.00 G:\JAN\YAKI MA-JC5\12.wpd Page 5 of 5 • wi }}tt ga3O7o 84 3tw5,7 .gm FRW3u g DAA NTb>s qVe <aaQ-W 3 Eay- 1§ <g <2 .122 ��� It g. E •� 1_ 1e� I� 1a 11111 - RBI 11111m II _. -' 6164.■iuII1■ ■ .,Mal altirl��iiiiii air _ 11 I I : wu u mealIl 1 mime b1111I 1111 11111111� '!, X111= 11111 1 11 I 1 _ 11111 I III _ grit; !so 11111111111' FEE I1Il H 1i= �:.�:���_' X11 I I ����i1: II111 i1:::e :i': _c l i i I -11 1111 �� _-_ II 1111111 .11111 I 1-7 111 1 ■1■ =gIPu'I=111.1+ •a.■11111 •111 1111111■_ X1111■NMI MI 111111111 •111 MU.t■.r N b N 2 ai w Yoc < Q. IL o >— U1- Fe - VICINITY MAP AND GENERAL NOTES +`+ 8 AGREEMENT FOR PROFESSIONAL SERVICES ADDENDUM NO. 4 This Addendum, hereinafter identified as Addendum No. 4, is hereby entered into and made a part of the Agreement between City of Yakima, Washington, and Huibregtse, Louman Associates, Inc , for Professional Services first entered into on the 21' day of June 2004, Addendum No. 1 executed on September 13, 2004, Addendum No. 2 executed on October 11, 2004, and Addendum No. 3 executed on , 2005, by the CITY OF YAKIMA, hereinafter called the "CITY," and HUIBREGTSE, LOUMAN ASSOCIATES, INC., hereinafter called the "ENGINEER." WITNESSETH: That in consideration of the mutual covenants and agreements herein contained, the parties hereto do mutually agree to amend, revise, and/or add the following to the referenced Agreement: SECTION 2 SCOPE OF SERVICES 2.1 Basic Services: ENGINEER agrees to perform additional work tasks described in the attached Addendum No. 4 Exhibit A: Phase 2 / Stage 2 - 308 Irrigation Pipe- line Replacement Project - Engineering Services During Construction. SECTION 5 COMPENSATION 5.1 COMPENSATION ON A TIME SPENT BASIS: For the services described in the attached Addendum No. 4 Exhibit A, compensation shall be on a time spent plus expenses basis with estimated fees shown on the attached Addendum No. 4 Exhibit B at the ENGINEER'S normal hourly billing rates shown on Exhibit D. IN WITNESS WHEREOF the parties hereto duly enter into and execute this Addendum No 4, as of this a 11'- day of ,.c.p_Li , 2005. CITY OF YAKIMA HUIBREGTSE, LOUMAN ASSOCIATES, INC. vvee Signature Signature Printed Name. Richard A. Zais, Jr. Printed Name: William L. Huibregtse Title. City Manager Title: President Date: q- a--?_ps' Date: cj-ZZ-0c" .0,KIM,q Attest ' City Clerk ti ' " % 1 k SEAL' 'C 'sN NG City Contract No. oZd 0 `f- 7 / Resolution No. L - --oQ .?' /5/ G:\JAN\YAKI MA-JC5\11.wpd Page 1 of 5 ADDENDUM NO. 4 EXHIBIT A CITY OF YAKIMA PHASE 2 / STAGE 2 - 308 IRRIGATION PIPELINE REPLACEMENT PROJECT ENGINEERING SERVICES DURING CONSTRUCTION SCOPE OF WORK During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection with the following project: City of Yakima - Phase 2 / Stage 2 - 308 Irrigation Pipeline Replacement Project This scope of work shall include the furnishing of engineering services during construction, labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the work as indicated hereinafter, for the following irrigation pipe replacement project: General 308 Irrigation System Phase 2 / Stage 2 Improvements: Irrigation system improvements including sliplining approximately 8,950 linear feet of new 6", 8", 10", 12", 14", and 16" HDPE pipes; and open -cutting approximately 1,500 linear feet of new 3", 5", 6", 8", and 16" HDPE pipes. Work includes installation of new mainline valves, service valves, and service pipes; connection to existing mainline and service pipes of various materials; abandonment and/or removal of existing pipe and valves; surface restoration including asphalt pavement, cement concrete pavement, gravel surfacing, cement concrete curb and gutter, and lawns; and other related improvements. (See attached Overall Plan of the Project Area.) 3. SERVICES DURING CONSTRUCTION A. Furnish a qualified resident engineer who shall make part-time construction observations and be on the job at all times that significant work is in progress, whose duty shall be to provide surveillance of project construction for substantial compliance with Plans and Specifications. B. Prepare progress reports on the Project and file same with the CITY and provide monthly progress estimates to the CITY. C. Consult and advise the CITY during construction and make a final report of the completed work. D. Monitor the construction contractor's compliance with State labor standards. E. Review Contractor's submission of samples and shop drawings, where applicable. F. Recommend progress payments for the construction contractor to the CITY. G:\JAN\YAKI MA-JC5\11.wpd Page 2 of 5 G. Prepare and submit proposed contract change orders when applicable. H. Prepare and furnish reproducible record drawings of all completed work from as - built drawings furnished by the City's construction contractor. TIME OF PERFORMANCE Engineering Services During Construction for this Phase 2 / Stage 2 - 308 Irrigation Pipeline Replacement Project shall begin upon construction contract award by the CITY to the lowest responsible bidder (anticipated October 2005) and extend through construction contract completion (anticipated April 15, 2006). G:\JAN\YAK I MA -JC 5\11.wpd Page 3 of 5 ADDENDUM NO. 4 EXHIBIT B 308 IRRIGATION PIPELINE REPLACEMENT PROJECT PHASE 2/ STAGE 2 IMPROVEMENTS Engineering Services During Construction Fees Compensation for professional engineering services during construction will be on a time spent plus expenses basis at the ENGINEER's normal hourly rates shown on Exhibit D. The following spreadsheet shows the estimated time and expenses to perform engineering services during construction for this project. The maximum amount of compensation to the ENGINEER for engineering services during construction will be $79,924.00. This maximum amount will not be exceeded without the written agreement of the CITY and the ENGINEER. PROJECT TITLE. 308 Irrigation Pipeline Replacement Project Phase 2 / Stage 2 YAKIMA CLIENT CITY OF JOB NUMBER: 04056B -C Huibregtse, Louman Associates, Inc. DATE. September 19, 2005 ENGINEER'S HOURLY ESTIMATE TASK NO PROJECT TASK Principal Engineer Licensed Prof Engineer Project Engineer CAD Operator Resident Engineer/ Inspector Clerical TOTAL HRS TASK FEES $131 $109 $91 $79 $75 $53 1 Construction Observation 4 40 64 0 460 0 568 45,208 00 2 Construction Administration 4 24 32 0 0 8 68 6,476 00 3 Submittal Review 2 16 24 0 16 8 66 5,814 00 4 State Labor Standards Compliance 0 0 48 0 0 8 56 4,792.00 5 Progress Reports 2 8 16 0 24 8 58 4,814 00 6 Progress Payments 2 8 16 0 24 8 58 4,814 00 7 Change Orders 2 8 8 0 16 8 42 3,486 00 8 Record Drawings 0 8 8 16 16 2 50 4,170 00 Labor Subtotal 16 112 216 16 556 50 966 79,574 00 EXPENSES: hours $/hr Computers: 0 00 Travel: Cost/ Unit Air Trips Ground Trp. Days Trip Miles Air Travel $0.00 0 00 Mileage $150 150 00 G:\JAN\YAKI MA-JC5\11 wpd Page 4 of 5 TASK NO PROJECT TASK Principal Engineer Licensed Prof Engineer Project Engineer CAD Operator Resident Engineer/ Inspector Clerical TOTAL HRS TASK FEES $131 $109 $91 $79 $75 $53 Meals/Lodging $0 00 0 00 Misc. expenses. FAX 0 00 TELEPHONE 0 00 POSTAGE 000 PRINTING 200 00 SUB -CONSULTANTS None Anticipated 0.00 x 1 1 0 00 Subtotal - Labor 79,574 00 Subtotal - Expenses Subtotal - Subconsultants 350 00 0 00 Total - ENGINEERING SERVICES DURING CONSTRUCTION $79,924 00 G:\JAN\YAKI MA-JC5\11 wpd Page 5 of 5 3AV WO( 11 Wfir OW. Mdtiw N � � W Z �' W e } W Yo° moCL o- LL(N W O co Q C'S °F— < —< N Q _ OVERALL PLAN Sc GENERAL NOTES o$ S tig AGREEMENT FOR PROFESSIONAL SERVICES ADDENDUM NO. 5 This Addendum, hereinafter identified as Addendum No 5, is hereby entered into and made a part of the Agreement between City of Yakima, Washington, and Huibregtse, Louman Associates, Inc , for Professional Services first entered into on the 21st day of June 2004, Addendum No 1 executed on September 15, 2004, Addendum No. 2 executed on October 11, 2004, Addendum No. 3 executed on September 27, 2005; and Addendum No 4 executed on September 27, 2005 by the CITY OF YAKIMA, hereinafter called the "CITY," and HUIBREGTSE, LOUMAN ASSOCIATES, INC., hereinafter called the "ENGINEER " WITNESSETH. That in consideration of the mutual covenants and agreements herein contained, the parties hereto do mutually agree to amend, revise, and/or add the following to the referenced Agreement: SECTION 2 - SCOPE OF SERVICES 2 1 Basic Services: ENGINEER agrees to perform additional work tasks described in the attached Addendum No. 5 Exhibit A: Phase 2 / Stage 3 - 308 Irrigation Pipeline Replacement Project - Engineering Services During Construction. SECTION 5 - COMPENSATION 5.1 COMPENSATION ON A TIME SPENT BASIS: For the services described in the attached Addendum No. 5 Exhibit A, compensation shall be on a time spent plus expenses basis with estimated fees shown on the attached Addendum No 5 Exhibit B at the ENGINEER's normal hourly billing rates shown on Exhibit D IN WITNESS WHEREOF t e parties hereto duly enter into and execute this Addendum No. 5, as of this 016 day of , 2006. CITY OF YAKIMA HUIBREGTSE, LOUMAN ASSOCIATES, INC. Signature Sign Printed Name Richard A. Zais, Jr. Title. City Manager Date Attest City Clerk City Contract No. 2-o 4- 7 1 Resolution No r . - zoo 3 — /S7 G:\PROJECTS\2004\04056\ADDENDUM NO 5 AFPS.doc Printed Name: Jeffrey T. Louman, PE Title: President Date- %/Z9lo Page 1 of 5 ADDENDUM NO. 5 EXHIBIT A CITY OF YAKIMA PHASE 2 / STAGE 3 - 308 IRRIGATION PIPELINE REPLACEMENT PROJECT ENGINEERING SERVICES DURING CONSTRUCTION SCOPE OF WORK During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection with the following project: City of Yakima - Phase 2 / Stage 3 - 308 Irrigation Pipeline Replacement Project This scope of work shall include the furnishing of engineering services during construction, labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the work as indicated hereinafter, for the following irrigation pipe replacement project: General 308 Irrigation System Phase 2 / Stage 3 Improvements Irrigation system improvements including sliplining approximately 6,030 linear feet of new 6", 8", 10", 14", 16" and 18" HDPE pipes; open -cutting approximately 3,670 linear feet of new 3", 6", 8", 12", 16" and 18" HDPE pipes; boring approximately 386 linear feet of new 24" steel casing pipe; and installing approximately 28 service connections. Work includes installation of new mainline valves, service valves, and service pipes; connection to existing mainline and service pipes of various materials; abandonment and/or removal of existing pipe and valves; surface restoration including hot mix asphalt, cement concrete pavement, gravel surfacing, cement concrete curb and gutter, and lawns; and other related improvements. (See attached Overall Plan of the Project Area.) 3. SERVICES DURING CONSTRUCTION A. Furnish a qualified resident engineer who shall make part-time construction observations and be on the job at all times that significant work is in progress, whose duty shall be to provide surveillance of project construction for substantial compliance with Plans and Specifications. B Prepare progress reports on the Project and file same with the CITY and provide monthly progress estimates to the CITY. C. Consult and advise the CITY during construction and make a final report of the completed work. D Monitor the construction contractor's compliance with State labor standards. E Review Contractor's submission of samples and shop drawings, where applicable. F Recommend progress payments for the construction contractor to the CITY. G Prepare and submit proposed contract change orders when applicable. H Prepare and furnish reproducible record drawings of all completed work from "as - built" drawings furnished by the City's construction contractor. G:\PROJECTS\2004\04056\ADDENDUM NO 5 AFPS.doc Page 2 of 5 TIME OF PERFORMANCE Engineering Services During Construction for this Phase 2 / Stage 3 - 308 Irrigation Pipeline Replacement Project shall begin upon construction contract award by the CITY to the lowest responsible bidder (anticipated October 2006) and extend through construction contract completion (anticipated April 15, 2007). G:\ PROJECTS \2004104056\ADDENDUM NO. 5 AFPS.doc Page 3 of 5 ADDENDUM NO. 5 EXHIBIT B 308 IRRIGATION PIPELINE REPLACEMENT PROJECT PHASE 2 / STAGE 3 IMPROVEMENTS Engineering Services During Construction Fees Compensation for professional engineering services during construction will be on a time spent plus expenses basis at the ENGINEER's normal hourly rates shown on Exhibit D. The following spreadsheet shows the estimated time and expenses to perform engineering services during construction for this project. The maximum amount of compensation to the ENGINEER for engineering services during construction will be $105,418 00. This maximum amount will not be exceeded without the written agreement of the CITY and the ENGINEER PROJECT TITLE. 308 Irrigation Pipeline Replacement Project Phase 2 / Stage 3 CLIENT CITY OF YAKIMA JOB NUMBER. 04056C -C Huibregtse, Louman Associates, Inc. DATE. September 18, 2006 ENGINEER'S HOURLY ESTIMATE TASK NO PROJECT TASK Principal Engineer Licensed Prof Engineer Project Engineer CAD Operator Resident Engineer/ Inspector Clerical TOTAL HRS TASK FEES $136 $113 $94 $82 $78 $55 1 Construction Observation 24 0 64 0 760 0 848 68,560 00 2 Construction Administration 24 0 40 0 0 8 72 7,464 00 3 Submittal Review 8 8 24 0 16 8 64 5,936 00 4 State Labor Standards Compliance 0 0 48 0 0 8 56 4,952.00 5 Progress Reports 6 0 20 0 24 8 58 5,008 00 6 Progress Payments 6 0 20 0 24 8 58 5,008 00 7 Change Orders 6 0 12 0 16 8 42 3,632.00 8 Record Drawings 0 8 8 16 16 2 50 4,326 00 Labor Subtotal 74 16 236 16 856 50 1,248 105,068 00 EXPENSES hours $/hr Computers 0 00 Travel: Cost/ Unit Air Trips Ground Trp Days Trip Miles Air Travel $0 00 0 00 Mileage $150 150 00 Meals/Lodging $0 00 0 00 Misc. expenses FAX 0 00 TELEPHONE 0 00 G'\PROJECTS \2004\04056\ADDENDUM NO 5 AFPS.doc Page 4 of 5 PROJECT TITLE. 308 Irrigation Pipeline Replacement Project Phase 2 / Stage 3 CLIENT CITY OF YAKIMA POSTAGE 0 00 PRINTING 200 00 SUB -CONSULTANTS None Anticipated 0 00 x 1 1 0 00 Subtotal - Labor 105,068 00 Subtotal - Expenses 350 00 Subtotal - Subconsultants 0 00 Total - ENGINEERING SERVICES DURING CONSTRUCTION $105,418 00 G.\PROJECTS\2004\04056\ADDENDUM NO 5 AFPS.doc Page 5 of 5 iir,ri,,,..... ...7,w. --...,_„...a.,........ w.,,. -031-", ......00 g .. 0„00 % San IM 01011 141 rig NM 0001t10 14000AVEINI Ilia _do 1� ■u.1WEilNaii'i 1g0010il0l■■■■■M■ ���©�ii�l ©�,�■■■■mow 3,.0, 11116111:4 �� W MIMI N 6 N OVERALL PLAN & GENERAL NOTES a$ g sx a 8 EXHIBIT "0" SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. (January 1, 2006, Through December 31, 2006) Licensed Principal Engineer $131.00 per hour Licensed Principal Land Surveyor $122.00 per hour Licensed Professional Engineer $109.00 per hour Licensed Professional Land Surveyor $100.00 per hour Project Engineer $91.00 per hour CAD Technician $79.00 per hour Resident Engineer/Inspector $75.00 per hour Surveyor $75.00 per hour Senior Engineering Technician $75.00 per hour Engineering Technician $53.00 per hour Word Processing Technician $53.00 per hour Two Man Survey Party $145.00 per hour Three Man Survey Party $188.00 per hour Vehicle Mileage $0 34 per mile Global Positioning Survey System Fee $75.00 per hour S:\LIBRARY OF FORMS\RATES-2006.wpd EXHIBIT "D" SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. (January 1, 2007, Through December 31, 2007) Licensed Principal Engineer $136.00 per hour Licensed Principal Land Surveyor $126.00 per hour Licensed Professional Engineer $113.00 per hour Licensed Professional Land Surveyor $104.00 per hour Project Engineer $94.00 per hour CAD Technician $82.00 per hour Resident Engineer/Inspector $78.00 per hour Surveyor $78.00 per hour Senior Engineering Technician $78.00 per hour Engineering Technician $55.00 per hour Word Processing Technician $55.00 per hour Two Man Survey Party $150.00 per hour Three Man Survey Party $195.00 per hour Vehicle Mileage $0.34 per mile Global Positioning Survey System Fee $75.00 per hour