HomeMy WebLinkAbout01/15/2008 10 Fruitvale Canal Piping Agreement with Huibregtse, Louman Associates, Inc. BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
46 i
Item No r -
For Meeting of 1/15/08
ITEM TITLE Resolution authorizing execution of an engineering and consulting services
agreement with Huibregtse, Louman Associates, Inc. for services associated
with the piping of the Fruitvale Canal from North 6 Avenue to "H" Street and
North 9 Street
SUBMITTED BY Dave Brown, Water /Irrigation Manager
Dave Zabell, Assistant City Manager
CONTACT PERSON/TELEPHONE Dave Brown / 575 -6204
SUMMARY EXPLANATION
Staff respectfully requests City Council to approve the attached resolution authorizing the City Manager
to execute the accompanying contract with Huibregtse, Louman Associates, Inc, of Yakima, WA for the
Pre - Engineering for the piping of the Fruitvale Canal from N 6 Ave to "H" St and N 9 St. (commonly
referred to as the Fruitvale Wasteway), and subsequent contracts for the design, production of
construction documents and contract administration This contract requires Huibregtse, Louman
Associates, Inc to develop pre- engineering report that outline material requirements, pipe sizing,
0 construction methods and phasing for the piping of the Fruitvale Canal from N 6 Ave to "H" St and N
9 St. Financial support for this contract will be from appropriations approved by Council in the 479
Irrigation Improvement CIP Fund Before actual design and production of contract documents begin,
the project report will be used to coordinate with the Parks Department and the Bike - Pedestrian
Committee to determine if there are ways to incorporate this canal into the City's pathway system
Not to Exceed Engineering Cost $55,000
Resolution X_ Ordinance Contract _X Other Specify)
Mail to Mike Battle, PE, Huibregtse, Louman Associates, Inc; 801 N. 39'" Ave. Yakima, WA 98902 _ Phone 509 - 966-
7000
Funding Source 479 Irrigation Improvement CIP Fund
APPROVED FOR SUBMITTAL. —, V
City Manager
STAFF RECOMMENDATION Adopt resolution authorizing the City Manager to execute the
accompanying Agreement for pre- engineering of the piping of the Fruitvale Canal and
subsequent contracts for the design, production of construction documents and contract
administration by Huibregtse, Louman Associates, Inc, of Yakima, WA.
BOARD /COMMISSION RECOMMENDATION
• COUNCIL ACTION
• RESOLUTION NO. R -2008-
A RESOLUTION authonzmg the City Manager to execute the engineering and consulting
services agreement with Huibregtse, Louman Associates, Inc. for
engmeenng and consulting services associated with the piping of the
Fruitvale Canal from N 6th Ave. to "H" St and N 9th St.
WHEREAS, the City of Yakima Water/Irngation Division requires engineering and
consulting services associated with the piping of the Fruitvale Canal from N 6th Ave. to "H" St
and N 9th St. project, and
WHEREAS, the City of Yakima Water Division representatives complied with the
provisions of RCW 39.80 which concerns the procurement of engineering and architectural
services by a city; and
WHEREAS, Huibregtse, Lowman Associates, Inc. has the necessary expertise and
expenence to perform and provide the required engineering and 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 mterest of the City to enter into
an agreement with Huibregtse, Louman Associates, Inc. for engineering and consulting services
associated with the piping of the Fruitvale Canal from N 6 Ave. to "H" St and N 9 St.
Project, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authonzed and directed to execute the attached and
incorporated the engineenng and consulting services agreement with Huibregtse, Louman
Associates, Inc. for engineering and consulting services associated with the piping of the
Fruitvale Canal from N 6 Ave. to "H" St and N 9 St. Project.
ADOPTED BY THE CITY COUNCIL this 15 day of January 2008
David Edler, Mayor
ATTEST
i
Deborah Moore, City Clerk
S AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of , 2008, 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 39
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
FRUITVALE CANAL PIPELINE IMPROVEMENT PROJECT Design Services, herein called the "PROJECT "
WITNESSETH.
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and
construction of FRUITVALE CANAL PIPELINE 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 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 - FRUITVALE CANAL PIPELINE IMPROVEMENT PROJECT" (WORK) which is part of this
Agreement as if fully set forth herein.
2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by ENGINEER
can be defined in detail at the time this Agreement is executed, and that additional WORK related to
Project and not covered in Exhibit A may be needed during performance of this Agreement. CITY
may, at any time, by written order, direct the ENGINEER to revise portions of the PROJECT WORK
previously completed in a satisfactory manner, delete portions of the PROJECT, or request that the
ENGINEER perform additional WORK beyond the scope of the PROJECT WORK. Such changes
hereinafter shall be referred to as "Additional Services."
2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or time
required for, performance of any services under this Agreement, a contract price and /or completion
time adjustment pursuant to this Agreement shall be made and this Agreement shall be modified in
• writing accordingly
cAPR.OPOSALS12oo7VGfy of raldmalFniibale CanaMPS.aoc 1
2.2.2 Compensation for each such request for Additional Services will be negotiated by the CITY and the
ENGINEER according to the provisions set forth in Exhibit C and, if so authorized, shall be considered
part of the PROJECT WORK. The ENGINEER shall not perform any Additional Services until so
authorized by CITY and agreed to by the ENGINEER in writing. •
2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the date of
receipt by the ENGINEER of the written notification of change or of providing services related to an
asserted change, whichever is earliest.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY - FURNISHED DATA. The CITY will provide to the ENGINEER all technical data in the CITY'S
possession relating to the ENGINEER'S services on the PROJECT including information on any
pre - existing conditions known to the CITY that constitute hazardous waste contamination on the
PROJECT site as determined by an authorized regulatory agency
3.2 ACCESS TO FACILITIES AND PROPERTY The CITY will make its facilities reasonably accessible
to ENGINEER as required for ENGINEER'S performance of its services and will provide labor and
safety equipment as reasonably required by ENGINEER for such access.
3 3 TIMELY REVIEW The CITY will examine the ENGINEER'S studies, reports, sketches, drawings,
specifications, proposals, and other documents, obtain advice of an attorney, insurance counselor,
accountant, auditor, bond and financial advisors, and other consultants as CITY deems appropriate;
and render in writing decisions required of CITY in a timely manner Such examinations and
decisions, however, shall not relieve the ENGINEER of any contractual obligations nor of its duty to
render professional services meeting the standards of care for its profession.
3.4 CITY shall appoint a City's Representative with respect to WORK to be performed under this
Agreement. City's Representative shall have complete authority to transmit instructions and receive
information. ENGINEER shall be entitled to reasonably rely on such instructions made by the CITY'S
Representative unless otherwise directed in writing by the CITY, but ENGINEER shall be responsible
for bringing to the attention of the CITY'S Representative any instructions which the ENGINEER
believes are inadequate, incomplete, or inaccurate based upon the ENGINEER'S knowledge.
3 5 Any documents, services, and reports provided by the CITY to the ENGINEER are available solely as
additional information to the ENGINEER and will not relieve the ENGINEER of its duties and
obligations under this Agreement or at law The ENGINEER shall be entitled to reasonably rely upon
the accuracy and the completeness of such documents, services and reports, but shall be responsible
for exercising customary professional care in using and reviewing such documents, services, and
reports and drawing conclusions therefrom.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4 1 In signing this Agreement, CITY grants ENGINEER specific authorization to proceed with WORK
described in Exhibit A. The time for completion is defined in Exhibit A, or as amended.
SECTION 5 COMPENSATION
5 1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services
described in Exhibit A, compensation shall be according to Exhibit C - Schedule of Specific Hourly
Rates on a time spent basis plus reimbursement for direct non -salary expenses.
5 1 1 DIRECT NON - SALARY EXPENSES: Direct Non -Salary Expenses are those costs incurred on or
directly for the PROJECT including, but not limited to, necessary transportation costs, including
current rates for ENGINEER'S vehicles; meals and lodging; laboratory tests and analyses; printing,
binding and reproduction charges; all costs associated with other outside nonprofessional services
and facilities; special CITY - requested and PROJECT - related insurance and performance warranty
costs; and other similar costs. Reimbursement for Direct Non -Salary Expenses will be on the basis of
actual charges when fumished by commercial sources and on the basis of current rates when
fumished by ENGINEER. Estimated Direct Non -Salary Expenses are shown in Exhibit B.
•
GAPROPOSALS12007'City of YakimaTruilvale CanaMPS.doc 2
® 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.
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
G: PROPOSALS\2007VCity of Yak,nalFui vab CanaMPS.00c 3
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 fumished 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, 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.
G:\PROPOSALS12007\City of Yakima\Fruitvale CanaMPS.doc 4
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 govemmental 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 govemmental agencies and /or to the public.
SECTION 8 REUSE OF DOCUMENTS
8.1 All intemal 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 attomey'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
G:IPROPOSALS\20071City of Yakima\Fruitvale CanaM.PS.doc 5
claims, damages, losses, and costs including without limitations litigation expenses and attomey fees
where caused by the ENGINEER's own acts or omissions.
8.2 The ENGINEER agrees that ownership of any plans, drawings, designs, specifications, computer
programs, technical reports, operating manuals, calculations, notes, and other WORK submitted or
which are specified to be delivered under this Agreement or which are developed or produced and
paid for under this Agreement, whether or not complete, shall be vested in the CITY
SECTION 9 AUDIT AND ACCESS TO RECORDS
9 1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and other
evidence directly pertinent to performance of the WORK under this Agreement in accordance with
generally accepted accounting principles and practices consistently applied. The CITY or the CITY'S
duly authorized representative, shall have access to such books, records, documents, and other
evidence for inspection, audit, and copying for a period of three years after completion of the
PROJECT The CITY shall also have access to such books, records, and documents during the
performance of the PROJECT WORK if deemed necessary by the CITY to verify the ENGINEER'S
WORK and invoices.
9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency
9 3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the ENGINEER is afforded the opportunity for an audit
exit conference and an opportunity to comment and submit any supporting documentation on the
pertinent portions of the draft audit report and that the final audit report will include written comments,
if any, of the ENGINEER.
9 4 The ENGINEER shall ensure that substantially the foregoing paragraphs are included in each
subcontract for WORK on the Project.
9.5 Any charges of the ENGINEER paid by the CITY found by an audit to be inadequately substantiated
shall be reimbursed to the CITY
SECTION 10 INSURANCE
10 1 Prior to beginning WORK under this Agreement, the ENGINEER shall provide Certificates of
Insurance satisfactory to the CITY as evidence that policies providing the following coverage and
limits of insurance are in full force and effect. The CITY and the CITY'S 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 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 Tess 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
G:,PROPOSALS\2007c4ty of vakirtaTn,itvale CanaRAPS.doc 6
insurance. None of the policies issued pursuant to the requirements contained herein shall be
1111 canceled, allowed to expire, or changed in any manner so as to affect the rights of the City thereunder
until thirty (30) days after written notice to the CITY of such intended cancellation, expiration, or
change
SECTION 11 SUBCONTRACTS
11 1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract any
portion of the WORK to be performed under this Agreement.
11.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any
substitutions thereof, will be subject to prior approval by CITY, which approval shall not be
unreasonably withheld. Each subcontract shall be subject to review by the CITY'S Representative, if
requested, prior to the subconsultant or subcontractor proceeding with the WORK. Such review shall
not constitute an approval as to the legal form or content of such subcontract. The ENGINEER shall
be responsible for the architectural and engineering performance, acts, and omissions of all persons
and firms performing subcontract WORK.
11 3 CITY hereby authorizes the ENGINEER to subcontract with the persons and firms listed below
None anticipated.
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,
1110 which consent will not be unreasonably withheld.
S ECTION 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
G:IPROPOSALS120071City of Yak6nalFruitvale CanaMPS.doc 7
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, retum 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, retum 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 ENGINEERS 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 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
G:\PROPOSALS\20071City of YakimaTFuitvale CanaRAPS.doc 8
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 39 Avenue
Yakima, WA 98902
Attn: Jeffrey T Louman, PE, President
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
respective authorized officers or representatives as of the day and year first above written.
CITY OF YAKIMA HUIBREGTSE, LOUMAN ASSOCIATES, INC
Signature Signature
Printed Name: Printed Name.
R. A. Zais, Jr. Jeffrey T. Louman
Title: Title:
City Manager President
Date: Date:
Attest
City Clerk
•
G:\PROPOSALS120071City of YakimalFrtutvale CanaRAPS.doc 9
STATE OF WASHINGTON
ss.
COUNTY OF YAKIMA }
I certify that I know or have satisfactory evidence that R.A. Zais, Jr , is the person who appeared before me,
and said person acknowledged that he signed this instrument, on oath stated that he was authorized to
execute the instrument, and acknowledged it as the City Manager of CITY OF YAKIMA to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
110
G:\PROPOSALS\2007\City of Yakima\Fruitvale CanalrAPS.doc 10
• STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA )
1 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:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires.
III
III
G:\PROPOSALS\20071City of Yakima\Fruitvale CanaMPS.tloc 11
EXHIBIT A
CITY OF YAKIMA - FRUITVALE CANAL PIPELINE 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 - Fruitvale Canal Pipeline Improvement Project
This scope of work shall include the fumishing of all services, labor, materials, equipment, supplies, and
incidentals necessary to conduct and complete the work as indicated hereinafter The work to be performed
involves project management, and project formulation, investigation, and preliminary engineering.
1 PROJECT MANAGEMENT
A. 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 element, including
coordination with subconsultants, progress reports, and invoicing.
B Attend up to three (3) project meetings in Yakima with CITY staff to coordinate the design
aspects of the project with the CITY
2. PROJECT FORMULATION, INVESTIGATION, AND PRE - ENGINEERING
A. Perform topographic field survey of the Fruitvale Canal project alignment, from N. 6
Avenue/WiIIow Street intersection to N. 7 Street/E. H Street intersection (approximately
4,700 I.f ). HLA will field survey the existing Fruitvale Canal to include ditch cross sections,
pipe sizes, culvert crossings, depth of flow (if available), locating underground utility markings
provided by others, and visible surface features such as water valves, manholes, sidewalks,
and structures immediately adjacent to the canal location. The purpose of the topographic
survey is to provide information upon which to determine the improvement recommendation.
B HLA will prepare a topographic survey of the canal alignment showing field located surface
features and utilities of record. Underground utilities will be shown based on field markings
provided by the local "call before you dig" locating service and record drawings provided by
the City of Yakima.
C The topographic survey does not include excavation work to determine utility locations and
depth.
D The City of Yakima shall arrange for safe access to and make all provisions for HLA and
HLA's consultants to enter upon public and private property as required to perform the
services under this Agreement.
E. Perform field investigations to determine the condition of the existing irrigation system
including road crossings, utility conflicts, points of connection, and overall canal
characteristics.
F Prepare engineering report of existing conditions, improvement recommendations, project
construction phasing, and preliminary cost estimates.
G:IPROPOSALS12007\City of Yakima\Fniitvale CanaPAPS.doc 12
The following professional services work for this project is provided for information only at this time. The
scope and cost of 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. DESIGN AND FINAL PLANS AND SPECIFICATIONS
A. On the basis of approved recommendations from Tasks 1 and 2 above, perform the final
design and prepare complete Plans and Specifications for bid call on the proposed work, as
authorized by the City
B 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 two (2) complete sets of
plans and specifications for this FRUITVALE CANAL PIPELINE IMPROVEMENT PROJECT,
with each set of plans and specifications ready bidding in Fall 2008 and Fall 2009, to coincide
with irrigation canal shut down.
C Fumish 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.
D Answer and supply such information as is requested by prospective bidders.
E. Prepare and issue addenda, if necessary
F Prepare the Engineer's Estimate of construction cost.
G. Attend bid opening and participate in the bid opening and evaluation process.
H. Prepare tabulation of all bids received by the CITY and review bidder's qualifications.
Make recommendation of construction contract award to the lowest responsible bidder
4. SERVICES DURING CONSTRUCTION
A. Fumish 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 for the days during which a resident engineer is
present and file same with the CITY
D Consult and advise the CITY during construction and make a final report of the completed
work.
E. The City of Yakima is required to monitor the contractor's payment of prevailing wage rates.
As part of construction services, HLA will monitor General Contractor and Subcontractor
compliance with State labor standards during the construction phase of this project. This
work includes checking monthly certified payrolls, conducting employee interviews in the field,
and issuing letters of non - compliance and /or letters of missing documents. HLA will perform
this task until the project has been accepted by the City of Yakima. At that time, HLA will tum
over all files kept by HLA during the performance of this task to the City of Yakima. It will
then be the City of Yakima's responsibility to pursue any outstanding labor issues.
• F Review Contractor's submission of samples and shop drawings, where applicable.
G: PROPOSALSt2007tCity of YalumalFrudvale CanaMWPS.doc 13
G Recommend progress payments for the construction contractor to the CITY
H. Prepare and submit proposed contract change orders when applicable.
I. Prepare and fumish reproducible record drawings from as -built drawings fumished by the
construction inspector and Contractor If as -built drawings from the Contractor are not
received by HLA within thirty (30) calendar days from the date of the letter of
recommendation of project acceptance, HLA will submit the reproducible record drawings to
the City of Yakima with a note stating that no as -built information was received by HLA.
G:\PROPOSALS\2007 \City of Yakima\Fruitvale CanaMPS.doc 14
• EXHIBIT B
FRUITVALE CANAL PIPELINE 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 FRUITVALE CANAL PIPELINE IMPROVEMENT work. The maximum
amount of compensation to the ENGINEER for this work will be $55,000 00 This maximum amount will not be
exceeded without the written agreement of the CITY and the ENGINEER.
PROJECT TITLE: FRUITVALE CANAL PIPELINE IMPROVEMENT PROJECT
CLIENT CITY OF YAKIMA
JOB NUMBER: 07- Huibregtse, Louman Associates, Inc.
DATE. October 24, 2007 ENGINEER'S HOURLY ESTIMATE
Principal Licensed Principal CAD 2 -Man TASK
TASK Engineer Prof. Land Tech- Survey Clerical TOTAL DIRECT
NO PROJECT TASK Engineer Surveyor nician Party HRS COSTS
$141 $117 $131 $85 $155 $57
1 PROJECT MANAGEMENT
40 A Project Management 16 32 0 0 0 8 56 6,456.00
B Project Meetings 12 12 0 6 0 8 38 4,062.00
2 PROJECT FORMULATION, INVESTIGATION, AND PRE - ENGINEERING
A Topographic field surveying 4 8 16 40 120 0 188 25,596.00
B Field investigations 16 32 0 16 0 4 68 7,588.00
C Preliminary Engineering Report 8 32 0 16 0 16 72 7,144.00
D Incorporate Agency Review 2 4 0 4 0 4 14 1,318.00
Comments
E Final Engineering Report 4 8 0 8 0 8 28 2,636.00
Labor Subtotal 62 128 16 90 120 48 464 54,800.00
EXPENSES: hours $/hr
Computers: 0.00
Travel: Cost/ Air Trips Ground Days Trip
Unit Trp. Miles
Air Travel $0.00 0.00
Mileage $0.00 0.00
Meals/Lodging $0.00 0.00
Misc. expenses:
FAX 0.00
TELEPHONE 0.00
POSTAGE 0.00
1111 PRINTING 200.00
G:IPROPOSALS120071City of Yakima1FruiMale CanaMPS.doc 15
PROJECT TITLE: FRUITVALE CANAL PIPELINE IMPROVEMENT PROJECT
CLIENT CITY OF YAKIMA
•
SUB - CONSULTANTS.
1 None Anticipated 0.00 X 1 1 0.00
Subtotal - Labor 54,800.00
Subtotal - Expenses 200.00
Subtotal - Subconsultants 0.00
Total - PROJECT FORMULATION, INVESTIGATION, AND PRE - ENGINEERING $55,000.00
G1PROPOSALS\2007\City of Yakima\Fnritvale Canal\APS.doc 16
EXHIBIT C
• SCHEDULE OF RATES
FOR
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
(January 1, 2008, Through December 31, 2008)
Licensed Principal Engineer $141 00 per hour
Licensed Principal Land Surveyor $131 00 per hour
Licensed Professional Engineer $117 00 per hour
Licensed Professional Land Surveyor $108.00 per hour
Project Engineer $97.00 per hour
CAD Technician $85 00 per hour
Resident Engineer /Inspector $81.00 per hour
Surveyor $81 00 per hour
Senior Engineering Technician $81 00 per hour
Engineering Technician $57.00 per hour
Word Processing Technician $57 00 per hour
Two Man Survey Party $155.00 per hour
Three Man Survey Party $202.00 per hour
Vehicle Mileage $0 35 per mile
Global Positioning Survey System Fee $77 00 per hour
411
G:\PROPOSALS\2007\City of Yakima\Fruitvale CanaMPS.Uoc 17
EXHIBIT C
SCHEDULE OF RATES S
FOR
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
(January 1, 2009, Through December 31, 2009)
Licensed Principal Engineer $148.00 per hour
Licensed Principal Land Surveyor $136 00 per hour
Licensed Professional Engineer $123.00 per hour
Licensed Professional Land Surveyor $112.00 per hour
Project Engineer $101 00 per hour
CAD Technician $89 00 per hour
Resident Engineer /Inspector $84 00 per hour
Surveyor $84 00 per hour
Senior Engineering Technician $84 00 per hour
Engineering Technician $59 00 per hour
Word Processing Technician $59 00 per hour
Two Man Survey Party $161 00 per hour
Three Man Survey Party $210 00 per hour
Vehicle Mileage $0 40 per mile
Global Positioning Survey System Fee $78.00 per hour
4 110
G:\PROPOSALS\2007\City of YakimalFruitvale CanaMPS.doc 18