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01/17/2012 04E Water Treatment Backwash Storage Project Agreement with Huibregtse, Louman Associates, Inc. s.. 'tit 's.�;.. ' - y. �,' � BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7 ' For Meeting of January 17, 2012 ITEM TITLE: Resolution authorizing an agreement with Huibregtse, Louman Associates, Inc. related to the Water Treatment Plant Backwash Storage Project SUBMITTED BY: Michael Morales, Assistant City Manager David Brown, Water /Irrigation Division Manager CONTACT Dave Brown, Water /Irrigation Division Manager - 509 - 575 -6204 PERSON /TELEPHONE: SUMMARY EXPLANATION: The existing backwash storage /recycle lagoon is undersized and very difficult to clean. As the new backwash recycle rules are implemented in 2011, we must have the capability to control the backwash return flow in proportion to the Water Treatment Plant flow. These deficiencies were outlined in our 2004 and 2010 Water System Plan. The plan also anticipated this project to be designed and constructed in 2010/2011, however funding has not been secured until now. We were successful in obtaining a low interest, 1 1/2 %, loan from the Drinking Water State Revolving Fund. This project would design a facility with the capability to control the return flow and adequate sized lagoons along with the ability to clean the lagoon easier The project will also replace the inadequately sized electrical service and mover the electrical back -up generator A project report for the preliminary design was submitted to the Department of Heath as part of the pre -loan requirements. When the design and contract documents are completed an addendum to this contract for construction management will be developed. Design cost not to exceed $273,000 Resolution X Ordinance Other (specify) Contract: X Mail to: Ted Pooler; HLA 801 N 39th Ave ; Yakima, WA 98908 Contract Term: Amount: $273,000 Expiration Date: Insurance Required? Yes Funding 477 Water Improvement Fund Phone: 509 - 966 -7000 Source: APPROVED FOR SUBMITTAL: - • •, City Manager I 1 STAFF RECOMMENDATION: Approve resolution authorizing the City Manager to execute the accompanying contract for the preliminary design and production of a project report by Huibregtse, Louman Associates, Inc. of Yakima, Washington for the Water Treatment Plant Backwash Storage Project. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download O Resolution 0 Contract RESOLUTION NO. R -2012- ' A RESOLUTION authorizing the City Manager to execute the attached and incorporated engineering and consulting services agreement with Huibregtse, Louman Associates, Inc. for engineering and consulting services associated with the design and production of contract documents for the Water Treatment Plant Backwash Storage Project. WHEREAS, the City of Yakima Water /Irrigation Division requires engineering, consulting services and construction associated with the Water Treatment Plant Backwash Storage Project; and WHEREAS, the City of Yakima Water /Irrigation Division representatives have complied with the provisions of RCW 39.80 which concerns the procurement of engineering and architectural services by a city; and WHEREAS, the City of Yakima Water /Irrigation Division representatives will continue to comply with the provisions of RCW 39.80 which concerns the procurement of engineering and architectural services by a city for future engineering and architectural services, and WEREAS, Huibregtse, Louman Associates, Inc. has the necessary expertise and experience to perform and provide the required engineering and construction management services and is willing to do so in accordance with the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City to enter into an agreement with Huibregtse, Louman Associates, Inc., for engineering and consulting services associated with the design and construction of the Water Treatment Plant Backwash Storage Project; and WHEREAS, the City Council deems it to be in the best interest of the City to authorize the City Manager to execute all other documents related to the design, contract administration and construction associated with the Water Treatment Plant Backwash Storage Project; 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 Huibregtse, Louman Associates, Inc. for engineering and consulting services associated with the design of the Water Treatment Plant Backwash Storage Project. ADOPTED BY THE CITY COUNCIL this 17 day of January 2012. ?, Mayor ATTEST: Deborah Kloster, City Clerk AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND HUIBREGTSE, LOUMAN ASSOCIATES, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this day of , 2012, by and between the City of Yakima, Washington, a municipal corporation with principal offices at 129 North Second Street, Yakima, WA 98901, hereinafter referred to as "CITY ", and Huibregtse, Louman Associates, Inc., with an office at 801 N. 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 the WATER TREATMENT PLANT FILTER BACKWASH LAGOON IMPROVEMENTS herein called the "PROJECT." WITNESSETH: RECITALS WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and construction of the PROJECT, as described in this Agreement and subsequent Amendments thereto; and WHEREAS, ENGINEER represents that it has available and offers to provide personnel with knowledge 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, Theodore W. Pooler, P.E., 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 — SCOPE OF SERVICES (WORK) which is attached hereto and made a 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 the PROJECT and not covered in Phases 1 through 3 in EXHIBIT A — SCOPE OF SERVICES 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 services beyond the scope of PROJECT WORK. Such changes hereinafter shall be referred to as "ADDITIONAL SERVICES," as described in Phase 4 of EXHIBIT A — SCOPE OF SERVICES. C. \Program Files \neevia.com \docConverterPro\ temp\ NVDC\ CA4C2DEE- 5CBD- 46F3- B037- 73B158070081 \PDFConvert.645.1.2011- 12 -20_ _City_of_Yakima_WVP_Filter Backvrash_Lagoon_Improv. APS.docx Page 1 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 in writing in accordance with the FEE FOR SERVICE section of EXHIBIT A. 2.2.2 Compensation for each such request for ADDITIONAL SERVICES shall be negotiated by the CITY and the ENGINEER according to the provisions set forth in the FEE FOR SERVICE section of EXHIBIT A, 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 (an email will be considered as written authorization) 2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the date of the ENGINEER'S receipt of the written notification of change. 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 or qualified professional. 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 by 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. C' \Program Files \neewa.com \docConverterPro \ temp\ NVDC\ CA4C2DEE- 5CBD- 46F3- B037- 73B158070081 \PDFConvert.645.1.2011- 12 -20_- City_of Yakima_WTP Filter Back wash_Lagoon_Improv._APS.docx Page 2 SECTION.5 COMPENSATION 5.1 COMPENSATION for the services described in EXHIBIT A — SCOPE OF SERVICES, Phase 3 shall be in the lump sum amount of $160,000.00. 5.2 COMPENSATION for the services described in EXHIBIT A — SCOPE OF SERVICES, Phases 1 through 2, Phase 3 subconsultant services, and Phase 4, shall be in accordance with EXHIBIT B — SCHEDULE OF RATES, attached hereto and incorporated herein by this reference, on a time spent basis plus reimbursement for direct non -salary expenses. These hourly rates shall be subject to periodic modifications based on annual adjustments in individual employee salaries and State - approved overhead rates. The maximum amount of compensation to the ENGINEER for Phases 1 through 2, Phase 3 subconsultant services, and Phase 4, as described in the FEE FOR SERVICE section of EXHIBIT A, shall not exceed $113,000.00 without the written agreement of the CITY and the ENGINEER. 5.2.1 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 plus fifteen percent (15 %) and on the basis of current rates when furnished by ENGINEER. 5.2.1 1 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 forty dollars ($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. 5.2.2 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 rates provided in EXHIBIT B — SCHEDULE OF RATES. 5.2 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. 5.3 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT shall not exceed the amount set forth in Section 5.1 and 5.2 above. 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 C: \Program Files \neevia.com \docConverterPro\ temp\ NVDC\ CA4C2DEE- 5CBD -46F3- 8037- 73B158070081 \PDFConvert.645.1.2011- 12 -20_- _City_of Yakima WTP_Filter Backwash _Lagoon_Improv._APS.docx Page 3 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. 5.4 The ENGINEER shall submit to the CITY'S Representative an invoice each month 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 5 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). 5.6 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 payment claims against CITY arising under or by virtue of this Agreement, other than such payment 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. 5.7 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 C \Program Files \neevia.com \docConverterPro \ temp\ NVDC\ CA4C2DEE- 5CBD- 46F3- B037- 73B158070081 \PDFConvert .645.1.2011- 12 -20_- _City_of Yakima_WTP_Filter Backwash_Lagoon_Improv._APS.docx Page 4 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 6.4.1 ENGINEER agrees to defend, indemnify, and hold harmless the CITY, its elected officials, agents, officers, and employees (hereinafter "parties protected ") from (1) claims, demands, liens, lawsuits, administrative and other proceedings, and (2) judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses (including legal fees, costs, and disbursements) of any kind claimed by third parties arising out of, or related to any death, injury, damage or destruction to any person or any property to the extent caused solely by any negligent act, action, default, error or omission or willful misconduct arising out of the Engineer's performance under this Agreement. In the event that any lien is placed upon the City's property 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. 6.4.2 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. 6.4 3 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. 6.4.4 Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 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 workmen's' compensation acts, disability benefit acts, or other employee benefit acts. 6.6 It is 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 a contractor's safety programs or methods, 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 C \Program Files \neevia.com \docConverterPro\ temp\ NVDC\ CA4C2DEE- 5CBD- 46F3- B037- 73B158070081 \PDFConvert.645.1.2011- 12 -20_ _City_of Yakima_VVrP_Fllter Backwash _Lagoon_Improv._APS.docx Page 5 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 the entire PROJECT and 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 (15) 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 (10) 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 on 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 limitation, litigation expenses and attorney fees where caused by the ENGINEER'S own negligent 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. 8.3 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter "Intellectual Property ") as well as any modifications, updates or enhancements to said Intellectual Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER does not grant CITY any right or license to such Intellectual Property. C \Program Files \neewa.com \docConverterPro\ temp\ NVDC\ CA4C2DEE- 5CBD -46F3- 6037- 73B158070081 \PDFConvert.645.1.2011- 12 -20_- _City_of_Yakima_WiP_Filter Backwasf,_Lagoon_Improv. APS.docx Page 6 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 the foregoing paragraphs are included in each subcontract for WORK on the PROJECT 9.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately substantiated shall be reimbursed to the CITY. SECTION 10 INSURANCE 10 1 At all times during performance of the WORK, ENGINEER shall secure and maintain in effect insurance to protect the CITY and ENGINEER from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Agreement. ENGINEER shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The CITY reserves the right to require higher limits should it deem it necessary in the best interest of the public. 10 1.1 Commercial General Liability Insurance: Before this Contract is fully executed by the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of • commercial liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the CITY, its elected officials, officers, agents, employees, and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice (any language in the clause to the effect of but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 10.1.2 Commercial Automobile Liability Insurance: 10.1.2.1 If ENGINEER owns any vehicles, before this Contract is fully executed by the parties, OIC shall provide the CITY with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000 00) per occurrence combined single limit bodily injury and property C: \Program Ales \neevia.com \docConverterPro \ temp\ NVDC\ CA4C2DEE- 5CBD- 46F3- B037- 73B158070081 \PDFConvert.645.1.2011- 12 -20_- _City_of Yakima WTP Filter_Backwash_LagOOn_Improv. APS.docx Page 7 damage. Automobile liability will apply to Any Auto" and be shown on the certificate. 10.1.2.2 If ENGINEER does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may be added to the commercial liability coverage at the same limits as required in that section of this Agreement, which is Section 12.2 entitled "Commercial Liability Insurance ". 10.1.2.3 Under either situation described above in Section 3.a and Section 13 b, the required certificate of insurance shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the CITY, its elected officials, officers, agents, employees, and volunteers and additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 10.1 3 Statutory workers' compensation and employer's liability insurance as required by State law 10.1.4 Professional Liability Coverage. Before this Agreement is fully executed by the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of professional liability coverage with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per claim combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy 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 companies rated A -VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this Agreement. 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 insured 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 that affects the rights of the CITY 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 C \Program Files \neevi a.com \docConverterPro\ temp \NV DC \CA4C2DEE- 5CBD -46F 3- B037 -73 B 158070081 \PDF Convert.645 .1.2011- 12 -20_ _City_of Yakima_WTP Filter Backv rash_Lagoon_Improv._APS.docx Page 8 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 • GN Northern, 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. It is expressly intended and agreed that no third party beneficiaries are created by this Agreement, and that the rights and remedies provided herein shall inure only to the benefit of the parties to this Agreement. 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 During the performance of this Agreement, ENGINEER shall not discriminate in violation of any applicable federal, state and /or local law or regulation on the basis of age, sex, race, creed, religion,'color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law 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. 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 ninety (90) days, the terms of this Agreement are subject to C \Program Files \neevia.com \docConverterPro \ temp\N VDC\ CA4C2DEE- 5CBD- 46F3- B037- 73B158070081 \PDFConverL645.1.2011-12-20_- City_of_Yakima_WTP_Filter Backvash_Lagoon_Improv. APS.docx Page 9 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 subsection 17.1 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 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 C. \Program Files\neevia com \docConverterPro\ temp\ NVDC\ CA4C2DEE- 5CBD- 46F3- B037- 73B158070081 \PDFConvert .645.1.2011- 12 -20_- _City_oi Yakima_WTP_ Filter_ Backwash _LagOOn_Improv._APS.docx Page 10 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 DISPUTE RESOLUTION 18.1 In the event that any dispute shall arise as to the interpretation of this Agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either not successful then any dispute relating to this Agreement shall be decided in the Yakima Superior Court in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented. SECTION 19 CONFLICT OF INTEREST 19.1 Interest of Members of a City No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and execution of this AGREEMENT shall have any personal financial interest, direct or indirect, in this AGREEMENT; and the CONSULTANT shall take appropriate steps to assure compliance. 19.2 Interest of Other Public Officials: No member of the governing body of the locality and no other public official of such locality who exercises any functions or responsibilities in connection with the planning and execution of this AGREEMENT shall have any personal financial interest, direct or indirect, in this AGREEMENT; and the CONSULTANT shall take appropriate steps to assure compliance. 19.3 Interest of the Consultant and Employees: The CONSULTANT covenants that it presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. SECTION 20 NOTICE 20.1 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 (72) 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 Dave Brown, Water /Irrigation Manager ENGINEER. Huibregtse, Louman Associates, Inc. 801 North 39 Avenue Yakima, WA 98902 Attn. Jeffrey T. Louman, PE, President C: \Pro 9 ram Files \neevia.com\docConverterPro\ temp\N VDC\ CA4C2DEE- 5CBD- 46F3- B037- 73B158070081 \PDFConvert.645.1.2011- 12 -20_ _City_oi Yakima_WTP_Filter Backwash_Lagoon_Improv. APS.docx Page 11 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 Donald B. Cooper Printed Name: Jeffrey T. Louman Title: City Manager Title. President Date Date. Attest: Deborah Kloster, City Clerk City Contract No. 2012 - Resolution No. R -2012- C: \Program Files \neevia.com \docConverterPro\ temp\ NVDC\ CA4C2DEE- 5CBD -46F3- 8037- 73B15807DC81 \PDFConvert.645.1.2011- 12 -20_- _City_orYakima_WTP_Fdter Backwasl ,_Lagoon_Improv._APS.docx Page 12 STATE OF WASHINGTON ) ) ss. COUNTY OF YAKIMA ) I certify that I know or have satisfactory evidence that DONALD B. COOPER 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 Seal or Stamp (Signature) Title Printed Name My commission expires C: \Program Files\neewa.com \docConverterPro\ temp\ NVDC\ CA4C2DEE- 5CBD -46F3- 8037- 73B158070081 \PDFConvert.645.1.2011- 12 -20_- _City_orYakima_WiP_Filter Backwash_Lagoon_Improv. APS.docx Page 13 STATE OF WASHINGTON ) ss. COUNTY OF I certify that I know or have satisfactory evidence that JEFFREY T. LOUMAN, 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: Seal or Stamp (Signature) Title Printed Name My commission expires. C \Program Files neevia.com \docConverterPro\ temp\ NVDC\ CA4C2DEE- 5CBD -46F3- 8037- 73B158070081 \PDFConvert.645.1.2011- 12 -20_- _City_of_Yakima_WTP_Filter Backwash_Lagoon_Improv. APS.docx Page 14 EXHIBIT A — SCOPE OF SERVICES During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection with the following project: CITY OF YAKIMA — WATER TREATMENT PLANT FILTER BACKWASH LAGOON IMPROVEMENTS The 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 project management and cost estimate preparation for various maintenance, rehabilitation and new construction tasks. PROJECT: The City of Yakima has applied for and received 2011 Drinking Water State Revolving Funds (DWSRF) to complete water system improvements necessary to correct deficiencies in the existing water treatment plant unlined backwash lagoon and electrical power service, enhancing process operation and improving plant reliability. Proposed improvements include the following major items of work: • Replacement of the existing unlined filter backwash lagoon with new concrete backwash storage and residual solids drying basins. Four, 80 -foot wide by 130 -foot long basins, eight feet deep, (approximate dimensions) will be built with sloped ramps for solids removal. Piping will be arranged to allow independent operation of each basin for improved settling and drying. • Construction of a new backwash water recycle pump station with two variable speed submersible pumps. • Upgrading the electrical service to the water treatment plant and installation of a new engine generator. SCOPE OF SERVICES: Phase 1 — Environmental Compliance A. Assist CITY with State Environmental Review Process (SERP) requirements, including preparation of a SEPA checklist for transmittal to lead agency for review and action. An Environmental Impact Statement (EIS) is not anticipated to be required for this PROJECT. Should it be determined that an EIS must be prepared, it will be added as a separate and additional phase of work B. Assist CITY with cultural review process (Section 106), including preparation of an Archaeological Resource Survey (if required). C. Assist CITY with the Yakima County Shoreline Permit process, including preparation of application forms and checklists and site plans /cross- sections as required by the permitting agency. If applicable, attend pre - application meeting and site visit to review the permit application requirements. Phase 2 — Project Administration A. If applicable, assist CITY with financial and construction management requirements of funding agency. B. Assist the CITY with securing approval of such governmental authorities as have jurisdiction over design criteria applicable to the PROJECT. C. Monitor the construction contractor's compliance with State and Federal labor standards. C: \Program Files \neevia.com\docConverterPro\temp\NVDC\CA4C2DEE-5CBD-46F3- 8037- 73B158070C81\PDFConvert.645 .1.2011- 12 -20_- City_of Yakima_WrP Filter Backwash_Lagoon_Improv. APS.docx Page 15 EXHIBIT A — SCOPE OF SERVICES (Continued) CITY OF YAKIMA — WATER TREATMENT PLANT FILTER BACKWASH LAGOON IMPROVEMENTS D. If applicable, assist CITY with funding agency reimbursement process. E. If applicable, assist CITY with funding agency project closeout process. F. If applicable, assist CITY with completion of the federal audit process. Phase 3 — Engineering Design and Final Plans, Specifications, and Estimate A. Perform field investigations necessary to design the identified improvements. B. Conduct additional topographic survey of the project area as required to complete design, plans, and specifications for publicly bid improvements. C. Prepare preliminary design plans and specifications for transmittal to the CITY and the Department of Health (DOH) for review and approval. D. Review and discuss preliminary plans with CITY staff. E. On the basis of approved preliminary plans, perform the final design, and prepare complete Plans and Specifications for publicly -bid improvements, as authorized by the CITY. F. Prepare the Engineer's Estimate of construction cost. G. Furnish fifty (50) copies of the final Plans and Specifications for bidding. H. Answer and supply such information as is requested by prospective bidders. I. Prepare and issue addenda, if necessary. J Attend bid opening and participate in the bid opening and evaluation process. K. Prepare tabulation of all bids received by the CITY and review bidder's qualifications. L. Make recommendation to the CITY of construction contract award to the lowest responsible bidder. 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: Electrical Service Improvements A. Perform field investigations necessary to design the new water treatment plant electrical service and engine generator improvements. B. Prepare preliminary design plans and specifications for CITY review and approval. C. Review and discuss preliminary plans with CITY staff. D On the basis of approved preliminary plans, perform the final design, and prepare complete Plans and Specifications for publicly -bid improvements, as authorized by the CITY. E. Prepare the Engineer's Estimate of construction cost. F. Furnish fifty (50) copies of the final Plans and Specifications for bidding. C: \Program Files \neevia.com \docConverterPro\ temp\N VDC\ CA4C2DEE- 5CBD- 46F3- B037- 73B158070081 \PDFConvert.645.1.2011- 12 -20 _City_of_Yakima_WrP_Filter Badwash_Lagoon_Improv._APS.docx Page 16 EXHIBIT A — SCOPE OF SERVICES (Continued) CITY OF YAKIMA — WATER TREATMENT PLANT FILTER BACKWASH LAGOON IMPROVEMENTS G. Answer and supply such information as is requested by prospective bidders. H. Prepare and issue addenda, if necessary. I. 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 to the CITY of construction contract award to the lowest responsible bidder. Services During Construction A. Furnish a qualified resident engineer who shall make construction observations and be on the job site 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 and file progress reports on the PROJECT 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. I Participate in the 11th month warranty inspection and make recommendations to construction contractor for warranty work that needs to be addressed. TIME OF PERFORMANCE: Time of performance is based upon the CITY anticipated schedule for completion of this PROJECT. The CITY plans to construct the backwash storage basin and recycle pump station improvements between November 1, 2012 and March 31, 2013. The CITY plans to shut -down the Water Treatment Plant during construction. This schedule is also based upon receipt of an initial authorization to proceed from the CITY by February 1, 2012. Therefore, services for the above phases of work listed in the Scope of Services shall be completed as follows. Phase 1 — Environmental Compliance Environmental and cultural review and compliance information shall be prepared and submitted to the controlling authority /authorities within 60 calendar days after the date of authorization to proceed, not including extended delays and public comment period to obtain the Shoreline Permit. C: \Program Files \neevia.com \docConverterPro\ temp\ NVDC\ CA4C2DEE- 5CBD-46F3- B037- 73B158070081 \PDFConvert.645.1.2011- 12 -20_- _City_ot Yakima_WrP_Filter Backwash_Lagoon_Improv. APS.docx Page 17 EXHIBIT A — SCOPE OF SERVICES (Continued) CITY OF YAKIMA — WATER TREATMENT PLANT FILTER BACKWASH LAGOON IMPROVEMENTS Phase 2 — Project Administration Project administration services shall begin immediately upon notice of authorization to proceed and continue until all funding and labor compliance closeout requirements for the PROJECT have been satisfied. Phase 3 — Engineering Design and Final Plans, Specifications, and Estimate Project plans, specifications, and estimates for all project elements shall be provided following authorization to proceed and prior to the anticipated construction dates provided above. FEE FOR SERVICE: Phase 1 — Environmental Compliance All work shall be performed on a time -spent basis at the hourly billing rates provided in EXHIBIT B plus reimbursement for direct non -salary expenses as described in section 5.2.1 of the AGREEMENT. Subconsultant costs shall be billed as described in section 5.2.3 of the AGREEMENT. The estimated maximum amount of this phase of work is $13,000.00. Phase 2 — Project Administration All work shall be performed on a time -spent basis at the hourly billing rates provided in EXHIBIT B plus reimbursement for direct non -salary expenses as described in section 5.2.1 of the AGREEMENT. The estimated maximum amount of this phase of work is $10,000 00. Phase 3 — Engineering Design and Final Plans, Specifications, and Estimate All work for this PROJECT phase, not including subconsultant services, shall be performed for the lump sum fee of $160,000.00. Subconsultant costs shall be billed as described in section 5.2.3 of the AGREEMENT, in the estimated maximum amount of $90,000.00. Phase 4 — Additional Services Any additional work requested by the CITY that is not included in Phases 1 through 5 shall be authorized by the CITY and agreed to by the ENGINEER in writing prior to proceeding with the services. The ENGINEER shall perform the additional services of Phase 6 as directed /authorized by the CITY on a time -spent basis at the hourly billing rates provided in EXHIBIT B plus reimbursement for direct non -salary expenses as described in section 5.2.1 of the AGREEMENT. Subconsultant costs shall be billed as described in section 5.2.3 of the AGREEMENT. C' \Program Files \neevia.com \docConverterPro\ temp\ NVDC\ CA4C2DEE- 5CBD- 46F3- B037- 73B158070081 \PDFConvert.645.1.2011- 12 -20_- _City_ot_Yakima WTP Filter Backwast ,_Lagoon_Improv._APS.docx Page 18 EXHIBIT B SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. (January 1, 2012, Through December 31, 2012) Licensed Principal Engineer $165.00 per hour Licensed Principal Land Surveyor $151 00 per hour Licensed Professional Engineer $136.00 per hour Licensed Professional Land Surveyor $124.00 per hour Project Engineer $112.00 per hour CAD Technician $98 00 per hour Resident Engineer /Inspector $93.00 per hour Surveyor $93.00 per hour Senior Engineering Technician $93 00 per hour Engineering Technician $65 00 per hour Word Processing Technician $65 00 per hour Surveyor on Two Man Crew $89.00 per hour Surveyor on Three Man Crew $77.67 per hour Vehicle Mileage $0.50 per mile Global Positioning Survey System Fee $85.00 per hour C: \Program Files \neevia.com \docConverterPro\ temp\ NVDC\ CA4C2DEE- 5CBD- 46F3- B037- 73B158070081 \PDFConvert.645.1.2011-12-20_- _City_of Yakima_WTP_Filter Backvrash_Lagoon_Improv. APS.docx Page 19 EXHIBIT B SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. (January 1, 2013, Through December 31, 2013) Licensed Principal Engineer $170.00 per hour Licensed Principal Land Surveyor $156.00 per hour Licensed Professional Engineer $140.00 per hour Licensed Professional Land Surveyor $128.00 per hour Project Engineer $115.00 per hour CAD Technician $101.00 per hour Resident Engineer /Inspector $96.00 per hour Surveyor $96.00 per hour Senior Engineering Technician $96.00 per hour Engineering Technician $67.00 per hour Word Processing Technician $67.00 per hour Surveyor on Two Man Crew $92.00 per hour Surveyor on Three Man Crew $80.00 per hour Vehicle Mileage $0.52 per mile Global Positioning Survey System Fee $88.00 per hour C'. \Program Files \neevia.com \docConverterPro\ temp \NVDC \CA4C2DEE- 5CBD-46F3- B037- 73B158070081 \PDFConvert.645.1.2011- 12 -20_- City_of_Yakima WTP_Filter Backwast,_Lagoon_Improv._APS.docx Page 20