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05/01/2012 10 Industrial Wastewater Collection System Extension Agreement with Huibregtse, Louman Assoc. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 For Meeting of: May 1, 2012 ITEM TITLE: Resolution authorizing an Agreement with Huibregtse, Louman Associates for the extension of the City's Industrial Wastewater Collection System in the vicinity of 23rd Avenue and River Road. SUBMITTED BY: Scott Schafer, Wastewater Division Manager Shelley Willson, Wastewater Utility Engineer CONTACT Shelley Willson/509.575.6118 PERSON/TELEPHONE: SUMMARY EXPLANATION: The City of Yakima applied for a Public Works Trust Fund Grant to fund the installation of a gravity flow Industrial Wastewater (IW) collection pipe to serve food processing industries that are located in the area and to provide service to future developments. Food processing industry waste is high in sugar causing increased operational costs and reduces the overall capacity of the city's waste process. By separating the strong industrial waste and routing it to an extension of the city's existing IW system, capacity is increased in the domestic service capacity, while treating the food process wastewater more effectively with the use of an anareobic digester. This provides for growth in both industrial and domestic uses and lowers operational costs. The attached Resolution authorizes the City Manager to execute the attached Professional Services Agreement with Huibregtse, Louman Associates, Inc. to develop the Plans, Specifications, and Estimate (PS &E), provide contract administration, inspection and related services for the construction of a gravity industrial wastewater line and by- passes. The IW line will be extended from Quince St. /N. 3rd Ave to the vicinity of 23rd Ave. and River Rd near Seneca Foods. The terms of the Agreement would be in an amount not to exceed $487,485. (See attached Agreement with Exhibit "A" and "B "). Exhibit A of the Agreement decribes the Scope of Service in more detail. Exhibit B of the Agreement describes the Schedule of Rates. Professional Resolution X Ordinance Other Services (specify) Agreement with Exhibit A and Exhibit B Contract: Mail to: HLA, Attn: Jeffrey T. Louman, PE, 801 N. 39th Avenue , Yakima WA 98902 Contract Term: Thru Amount: Not to Exceed Expiration Date: December 2013 $487,485 Insurance Required? Yes Funding Wastewater Capital - 476 and PWTF Phone: 509.966.7000 Source: APPROVED FOR City Manager SUBMITTAL: STAFF RECOMMENDATION: Staff respectfully requests City Council approval of the resolution BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download fl Resolution - HLA IW Extension 23rd Ave /River Rd. 0 Professional Services Agreement with Huibreqtse, Louman Associates, INC> RESOLUTION NO. R -2012- A RESOLUTION authorizing the City Manager to execute an Agreement between Huibregtse, Louman Associates, Inc. (HLA) and the City of Yakima for Engineering Services for the Extension of the Industrial Wastewater Collection System in the vicinity of 23 Avenue and River Road. WHEREAS, the City of Yakima (City) owns and operates wastewater collection and treatment facilities in accordance with applicable Federal, State and Local regulations; and, WHEREAS, the City maintains a roster of consultants whose statements of qualifications represent that they have the expertise necessary to perform the services required by.the City; and, WHEREAS, the state of Washington requires these services to be performed by a Professional Licensed Engineer; and, WHEREAS, the City desires to retain HLA, to provide engineering services for design and construction of the extension of the City's Industrial Wastewater Collection System from Quince St. /N. 3` Ave to a location near 23 Avenue and River Road, and to include installing up to six by -pass facilities and other related wastewater collection system pipeline services; and, WHEREAS, HLA has provided such engineering services on recent improvements of the City's Industrial Wastewater Collection System identified to meet regulatory requirements, community growth, replacement needs, and operational efficiencies; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into a Professional Services Agreement with a consultant selected from the roster for such expertise; now , therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the Professional Services Agreement with Huibregtse, Louman Associates Inc. to provide Engineering Services for the City in the extension of the Industrial Wastewater Collection System in the vicinity of 23 Avenue and River Road, not to exceed Four Hundred Eighty Seven Thousand Four Hundred Eighty Five Dollars ($487,485), a copy of the Agreement with Exhibit "A" and "B" is attached hereto and by reference made a part hereof, now, therefore, ADOPTED BY THE CITY COUNCIL this 1s day of May, 2012. ATTEST: Micah Cawley, Mayor 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 INDUSTRIAL WASTE LINE 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, Michael T. Battle, 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 6 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 7 of EXHIBIT A — SCOPE OF SERVICES. G 1Contracts & Task Orders\Yakima\YRWWTP - IW Lines\2011 -11 -30 City of Yakima IW Line Improvements.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, beginning with Phases 1, 2, 3, and 4. Work on Phases 5 and 6 shall only proceed after receipt of written authorization from the CITY based on approved recommendations from Tasks 1 through 4 above. The time for completion is defined in EXHIBIT A, or as amended. G: \Contracts & Task Orders\Yakima \YRWWTP - IW Lines\2011 -11 -30 City of Yakima IW Line Improvements.APS.docx Page 2 SECTION 5 COMPENSATION 5.1 COMPENSATION for the services in Phases 4, 6, and 7 described in EXHIBIT A — SCOPE OF SERVICES, 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. COMPENSATION for the services in Phases 1, 2, 3, and 5 described in EXHIBIT A — SCOPE OF SERVICES, shall be per lump sum fee. The maximum amount of compensation to the ENGINEER for Phases 1 through 6, as described in the FEE FOR SERVICE section of EXHIBIT A, shall not exceed $423,900.00 without the written agreement of the CITY and the ENGINEER. 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 plus fifteen percent (15 %) and on the basis of current rates when furnished by ENGINEER. 5.1.1.1 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. 5.1.2 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 rates provided in EXHIBIT B — SCHEDULE OF RATES 51.3 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. 5.2 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 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 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 G:1Contracts & Task Orders\Yakima\YRWWTP - IW Lines \2011-11-30 City of Yakima IW Line lmprovements.APS.docx Page 3 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 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. 5.4 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 payrnent 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 6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY of any claims, right, or remedy it may have against the ENGINEER under this Agreement or by law, nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure or fault of the ENGINEER to satisfactorily perform the PROJECT WORK as required under this Agreement. SECTION 6 RESPONSIBILITY OF ENGINEER 6.1 The ENGINEER shall be responsible for the professional quality, technical adequacy and accuracy, timely completion, and the coordination of all plans, design, drawings, specifications, reports, and other services furnished by the ENGINEER under this Agreement. The ENGINEER shall, without additional compensation, correct or review any errors, omissions, or other deficiencies in its plans, designs, drawings, specifications, reports, and other services. The ENGINEER shall perform its WORK according to generally accepted civil engineering standards of care and consistent with achieving the PROJECT WORK within budget, on time, and in compliance with applicable laws, regulations, and permits. 6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications, reports, and incidental WORK or services furnished hereunder shall not in any way relieve the ENGINEER of responsibility for the technical adequacy, completeness, or accuracy of its WORK and the PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not be construed to operate as a waiver of any rights under this Agreement or at law or any cause of action arising out of the performance of this Agreement. 6.3 In performing WORK and services hereunder, the ENGINEER and its subcontractors, subconsultants, employees, agents, and representatives shall be acting as independent contractors and shall not be deemed or construed to be employees or agents of CITY in any manner whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an officer or G: \Contracts & Task Orders \Yakima \YRWWrP - IW Lines \2011-11-30 City of Yakima IW Line Improvements.APS.docx Page 4 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 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, to the extent caused 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 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 G:1Contracts & Task Orders \Yakima \YRWVVTP - IW Lines12 0 1 1 -1 1 -30 City of Yakima IW Line Improvements.APS.docx Page 5 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. 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. G:\Contracts & Task Orders \ Yakima \YRWwTP - IW Lines12011 -11 -30 City of Yakima IW Line ImprovementsAPS.docx Page 6 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 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 10.1.2.1 and Section 10.1.2.2, 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 G:1Contracts & Task Orders \Yakima1YRWWTP - IW Lines12011 -11 -30 City of Yakima IW Line Improvements.APS.docx Page 7 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 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: Archaeologist as mutually agreed with ENGINEER and CITY. 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. G: \Contracts & Task Orders \Yakima \YRWWTP - IW Lines\2011 -11 -30 City of Yakima IW Line ImprovementsAPS.docx Page 8 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 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, G:1Contracts & Task Orders \Yakima \YRWWTP - IW Lines12011 -11 -30 City of Yakima IW Line Improvements.APS_docx Page 9 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 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. G: \Contracts & Task Orders\Yakima\YRWWTP - IW Lines\2011 -11 -30 City of Yakima IW Line Improvements.APS_docx Page 10 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 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 Wastewater 204 West Pine Street Yakima, WA 98902 Attn: Scott Schafer, Wastewater Manager ENGINEER: Huibregtse, Louman Associates, Inc. 801 North 39 Avenue Yakima, WA 98902 Attn: Jeffrey T. Louman, PE, President G: \Contracts & Task Orders \Yakima \YRWWTP - IW Lines\2011 -11 -30 City of Yakima IW Line Improvements.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 Sign re Printed Name: Michael Morales Printed Narne: JeffreV T. Louman Title: Interim Citv Manager Title: President Date: Date: Attest: Deborah Kloster, City Clerk City Contract No 2012- Resolution No. R-2012- GAContracts & Task OrdarSIYakknakYRWWTP -1W Lines12011-1130 City cif Yakima 11/ Line knpravemeriti.APS.docx Page 12 STATE OF WASHINGTON ) ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that MICHAEL MORALES 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 INTERIM 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: G:tContracts & Task ortferstYakithalYRWWrP - IW Liries12011 -41-30 City of Yakima IW Line ImprovementsAPS.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: t elfs9 23 Q d t 2. Seal or Stamp (Signat'u .e) M S Title f friv �.� v ......Q `� i,,. t- "tcLY7 -2- My Comm. EXP Printed Name "' 2a 2013: • Z t, January � My commission expires: 0011= k.&1.(9 G:1Contracts & Task OrderslYakima\YRWWTP - IW Lines12011 -11 -30 City of Yakima IW Line Improvements :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 — Industrial Waste Line Improvements This scope of work shall include the furnishing of all services, labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the work as indicated hereinafter. The work to be performed involves project administration, formulation, field investigations, pre- engineering, environmental compliance, permitting, final design, plans and specifications, and services during construction. PROJECT: The City of Yakima Wastewater Department desires to install a new 12 -inch diameter industrial waste sewer line from the approximate intersection of Quince Street/N. 3rd Avenue to 23 Avenue near Seneca Foods Corporation (est. 8,000 linear feet). The line is anticipated to be extended at a future date to the proximity of 32 Avenue /Fruitvale Boulevard. The attached Exhibit illustrates potential alignment routes for improvements SCOPE OF SERVICES: PHASE 1 — PROJECT ADMINISTRATION A. Assist the City with financial management requirements of Public Works Trust Fund funding. B. Assist the City with coordination of PWTF application project descriptions and associated cost estimates with updated project limits and cost estimates. C. Coordinate with CITY and PWTF staff to gain approval necessary to reorganize project elements within approved funding limits. D. Assist CITY with the PWTF funding reimbursement process. E. Assist CITY with PWTF financial and construction management requirements. F. Assist the CITY with securing approval of such governmental authorities as have jurisdiction over design criteria applicable to the PROJECT. G Monitor the construction contractor's compliance with State and Federal tabor standards H. Assist CITY with PWTF project closeout process. PHASE 2 - PROJECT FORMULATION. INVESTIGATION AND PRE - ENGINEERING A. Perform field review and investigation of anticipated pipe alignments and determine potential project constraints B. Perform topographic field survey at specific locations to determine existing ground elevations and elevations of existing facilities C. Perform review of public and private utilities including City Water, City Sewer, Cascade Natural Gas, Pacific Power, CenturyLink Communications and Fiber Optic lines to determine general locations and size of facilities Make recommendation of potential project impacts due to existing utilities. No excavation work to determine location or depth will be conducted. G: \Contracts & Task Orders\Yakima\YRWWTP - IW Lines\2011 -11 -30 City of Yakima IW Line Improvements.APS.docx Page 15 D. Perform review of existing plans and studies previously prepared and /or approved by the City of Yakima which may impact the proposed alignment or construction of the proposed facilities. E. Perform review of existing easements and public right of way along the proposed alignments. Identify locations where easements and /or right of way may need to be acquired. F. Contact representatives for the Burlington Northern Sante Fe Railroad to discuss locating utilities within railroad right of way. G. Perform review of existing industrial waste line locations in relation to sanitary sewer lines, from Quince Street to the YRWWTP, and determine up to six (6) sites for by -pass installations. H. The City of Yakima shall arrange for 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. I. Meet with City of Yakima Wastewater staff up to six (6) times to discuss elements of the project and coordinate work. J. Prepare engineering report of existing conditions, alignment recommendations, project constraints, preliminary cost estimates and construction phasing. PHASE 3 - ENVIRONMENTAL COMPLIANCE A. Assist CITY with compliance of PWTF environmental review requirements. B. Assist CITY with preparation of SEPA checklist. C. Prepare an Archaeological and Historic Preservation Resource Survey, if required, for review by the controlling authority. D. An Environmental Impact Statement (EIS) is not anticipated to be required for this PROJECT. Should it be determined an EIS must be prepared, it will be added as a separate and additional phase of work. PHASE 4 - BNSF RAILROAD UTILITY PERMITTING A. Work with BNSF Railroad representatives to determine the potential to receive a utility permit for the installation of the industrial waste line in railroad right of way. Pipe installations will include both longitudinal and transverse construction. B. Work with BNSF Railroad representatives to determine construction requirements to install a new parallel gravity industrial waste line and transverse pipe crossings. C. Work with BNSF Railroad representatives to complete permit applications for CITY to secure necessary utility easements. CITY shall pay all fees associated with obtaining permits. D. Submit preliminary design plan and profile sheets of proposed improvements necessary to submit railroad crossing permit applications (as prepared under Phase 5 below). G: \Contracts & Task OrdersWakima \YRWWTP - IW Lines\2011 -11 -30 City of Yakima IW Line Improvements,APS.docx Page 16 PHASE 5 - DESIGN AND FINAL PLANS AND SPECIFICATIONS A. On the basis of approved recommendations from Phase 2 above, perform topographic field survey of the final alignment required to complete the design, plans and specifications for publicly bid improvements. Call for underground utility locates prior to survey. B. Perform detailed field investigations necessary to design the identified improvements. C. Prepare preliminary design plans and specifications. D. Prepare easement documents and legal descriptions necessary for installation of the facilities. CITY responsible to negotiate and pay all costs and fees associated with obtaining utility easements. E. Prepare right of way documents and legal descriptions necessary for installation of the facilities CITY responsible to negotiate and pay all costs and fees associated with obtaining right of way. F. Review and discuss preliminary plans with CITY staff. G. 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. H. Prepare the Engineer's Estimate of construction cost. I. Furnish to the CITY engineering data for and assist in the preparation of the required documents so the CITY may secure approval of such governmental authorities as have jurisdiction over design criteria applicable to the PROJECT. J. Furnish the CITY fifty (50) copies of the final Plans and Specifications for bidding and construction. It is anticipated the ENGINEER will prepare one (1) complete set of plans and specifications for one bid call, additional bid packages will be considered additional services K. Send advertisement for bids to the Paper of Record and other papers selected by the CITY. CITY pay all advertisement fees. L. Answer and supply such information as is requested by prospective bidders. M. Prepare and issue addenda, if necessary. N. Attend bid opening and participate in the bid opening and evaluation process. O. Prepare tabulation of all bids received by the CITY and review bidder's qualifications. P. Make recommendation of construction contract award to the lowest responsible bidder. G:1Contracts & Task Orders \Yakima1YRWWTP - IW Lines1201 1 -1 1 -3 0 City of Yakima IW Line Improvements.APS.docx Page 17 PHASE 6 - SERVICES DURING CONSTRUCTION A. Furnish the field survey crew necessary to set horizontal and vertical control for the improvements authorized for construction. B. Furnish a qualified resident engineer who shall make construction observations and be on the job at all times that significant work is in progress, whose duty shall be to provide surveillance of project construction for substantial compliance with Plans and Specifica- tions. 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 turn 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. Recommend progress payments for the construction contractor to the CITY. H. Prepare and submit proposed contract change orders when applicable. 1. Prepare and furnish reproducible record drawings from as -built drawings furnished by the resident engineer 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. PHASE 7 — ADDITIONAL SERVICES A. Provide professional engineering and surveying services for additional work requested by the CITY that is not included in Phases 1 through 6. G:1Contracts & Task Orders1YakimalYRWWTP - IW Lines120 1 1 -1 1 -30 City of Yakima IW Line lmprovements.APS.docx Page 18 COMPLETION TIMES: In conjunction with Section 7 of the AGREEMENT, following are anticipated completion times for Phases of Work. PHASE 1 — 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 2 - PROJECT FORMULATION, INVESTIGATION AND PRE- ENGINEERING All work necessary for this Phase of work, including Engineering Report, shall be completed with 90 calendar days after the date of authorization to proceed. PHASE 3 — ENVIRONMENTAL COMPLIANCE Environmental and cultural resource 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 following CITY approval /adoption of the Phase 2 Engineers Report. PHASE 4 - BNSF RAILROAD UTILITY PERMITTING Railroad permitting will begin upon authorization to proceed and continue through completion of Phase 5. PHASE 5 - DESIGN AND FINAL PLANS AND SPECIFICATIONS Hans, specifications and estimates for all project elements shall be provided within 150 calendar days after the date of authorization to proceed following CITY approval /adoption of the Phase 2 Engineers Report. PHASE 6 - SERVICES DURING CONSTRUCTION Engineering services during construction for the PROJECT shall begin upon construction contract award b the CITY to the lowest responsible bidder and shall extend through both the completion of construction and completion of as- constructed drawings and labor documentation closeout. A maximum of 120 working days has been assumed for the construction of improvements. Should the Contractor be granted time extensions for construction completion due to recognized delays, requested additional work, and /or change orders, engineering services beyond the 120 working days shall be considered additional services. PHASE 7— ADDITIONAL SERVICES Time of completion for work directed by the CITY under additional services shall be negotiated and mutually agreed to at the time of service request by the CITY. G:\Contracts & Task Orders \Yakima \YRWWTP - W Lines\2011 -11 -30 City of Yakima IW Line Improvements.APS.docx Page 19 FEE FOR SERVICE: PHASE 1 — PROJECT ADMINISTRATION All work for this PROJECT phase shall be performed for the lump sum fee of $26,500.00. PHASE 2 — PROJECT FORMULATION, INVESTIGATION AND PRE - ENGINEERING All work for this PROJECT phase shall be performed for the lump sum fee of $39,900.00. PHASE 3 — ENVIRONMENTAL COMPLIANCE All work for this PROJECT phase shall be performed for the lump sum fee of $15,100.00. PHASE 4 — BNSF RAILROAD UTILITY PERMITTING 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 5.1.1 of the AGREEMENT. The estimated maximum amount of this phase of work is $15,000.00. PHASE 5 — DESIGN AND FINAL PLANS AND SPECIFICATIONS All work for this PROJECT phase shall be performed for the lump sum fee of $156,000.00. PHASE 6 — SERVICES DURING CONSTRUCTION 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 $171,400.00. PHASE 7 — ADDITIONAL SERVICES Any additional work requested by the CITY that is not included in Phases 1 through 6 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 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. G: \Contracts & Task Orders \Yakima \YRWWTP - IW Lines1201 1 -1 1 -3 0 City of Yakima IW Line Improvements.APS.docx Page 20 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 G:1Contracts &Task orders\YakimarfRWWTP - lW Lines12011- 1.1 -30 City of Yakima IW Lineimprovements.APS.docx Page 21 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 ' S 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 $88.00 per hour G :Contrac tss & Task Orders \YakimalYRWWTP - IW Lines\2011 -11 -30 City of Yakima IW Line Improvements.APS.docx Page 22 ••s -s•4 -.3.. II r ' - ; f "dad — �ay; rx p e . s � f • = W 0 400 800 • . • Aim .� 1 �•iVI m 'd t ar — - , .,ti Ak a .t • i ? 'N * ' 4 _ - r �� _ + •ems` • { , . .0 ' ; .. 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'r- • 1 — ' . c 4 i •-1/1 - .. ; I ,V J ' C.-1 1.1 ---- LI 4( - -. •-: 1 Y . ; , -, i -2 v ,' ' l '. -4 1 I , '"-- .- - :-! 4:15.10* — ..-'.. sr.," 'C .4. it. ti'LliiIit .3 . . — - --- .-, 1 - 1, *, .:-- - 4 ._ Papa t IE.,....7 SC -4 "$t . 1 " 0 -$. hil - ' l % JAI, L. Z # , . . -1 i , , - -r % Awl t ... ** 6 Ii . .° .•-• , -e - - .. -- : 7 --", 1_ i 0:- -„ iiiii ' . ' it: -? ...4 . 1'.: 1 . 1i 7;1 6- - ' .• a; la ! ' - ' 41111 4 1 : 7- X . - . -.1 — I . : i - I to _ tr'_ �M.1 I_ E.!' [• � i ' '7.+4 - . !1 1 � .. � . .•r �• rv. HL DRAWING: P j BoiNorth39thAvenue NG: : Projects / 2011 / Yaldma 9thAv 02 RAWI / Y : Industrial Waste Line Extension Pr / IW.d 0 509.966.7000 DATE: 12 -8 -11 for The City of Yakima Iv 11111hregke,1A Associates, IIlC. Fax 509.965.3800 DRAWN BY TDF Civil Engineering 4 Land Surveying .Planning www.hlacivil.com CHECKED BY: MTB Exhibit Map