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HomeMy WebLinkAbout08/20/2013 05G Industrial Waste Collection System; Huibregtse, Louman Associates Agreement 2012-42 Addendum 4BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. SW For Meeting of: 8/20/2013 ITEM TITLE: Resolution authorizing Addendum No. 4 to existing Professional Services Agreement 2012 -42 with Huibregtse, Louman Associates, Inc. (HLA) for Phase 6 additional services rendered during Construction under the original contract. SUBMITTED BY: Debbie Cook, Utilities & Engineering Director Scott Schafer, Wastewater Division Manager Shelley Willson, Utility Engineer SUMMARY EXPLANATION: The City of Yakima (City) completed extension of the industrial waste (IW) collection system to Seneca near 23rd Avenue and River Road. During the construction of the line, underground utilities were either marked incorrectly or not marked creating construction interruptions for TTC Construction. The cumulative impact was the extension in construction days for the project by twelve days and requiring the contractor to work an extended period at night to mitigate impact to businesses along the construction route. In addition, the original alignment of the IW line through Elk's Park was adjusted to reduce the impact on playing fields used by Eisenhower High School for practice. These additional items required HLA to provide inspection and design work outside of their original project scope: HLA has requested consideration for additional compensation to their original contract to cover their cost for providing service through these revisions. The addendum authorizes payment for the additional services performed as provided by the original City of Yakima Contract No 2012 -42. The City of Yakima has filed a complaint with the Washington Utilities Coordinating Council and has requested reimbursement from Century Link and Pacific Power for costs accrued due to delay of construction caused by the utilities failure to properly mark their infrastructure. The terms of Addendum No.4 would be in an amount not to exceed $211,724 for services during construction. This is an increase of $40,324 for phase 6 from the original contract but still remains within the budget amount for the approved project. (See attached Agreement with Exhibit A): Exhibit "A" of the Agreement describes the Scope of Work in more detail Resolution: X Other (Specify): Contract: X Start Date: Item Budgeted: Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? Yes Ordinance: Contract Term: End Date: Amount: $211,724.00 Wastewater Construction Fund 476 - Budgeted Economic Development Mail to: Jeffery T. Lournan, P.E. President, Huibregtse, Lournan Associates, Inc. 801 North 39th Ave. Yakima, WA. 98902 V ITOTIT=11-11-2 1818161 RECOMMENDATION: Staff respectfully requests City Council approve the Resolution authorizing the City Manager to execute the accompanying contract. ATTACHMENTS: N2me: Description: 0 HLA-Wastewater Line Extension- Addendum 4-7-2013.doex Resolution HLA No. 4 Addendum F-] 2013-07-08 APS Addendum No4 - 12064 Addtnl Cons Services.docx HLA Agreement No. 4 Addendum RESOLUTION NO. R -2013- A RESOLUTION authorizing the City Manager to execute Addendum No. 4 to existing Professional Services Agreement 2012 -42 with Huibregtse, Louman Associates, Inc. (HLA) for Phase 6 additional services rendered during Construction under the original contract. 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, on May 2, 2012 the City entered Contract 2012 -42 with HLA Inc. for Engineering Services related to the design and construction of Industrial Waste (IW) Line improvements for the City's wastewater system identified to meet regulatory requirements, community growth, replacement needs, and operational efficiencies; and WHEREAS, the City desires to retain HLA Inc. through Addendum No.4 to the existing Contract 2012 -42 to provide additional necessary engineering services to accomplish the construction identified under the original Agreement; and WHEREAS, the City ran into unforeseen construction interruptions during the construction of the IW line to Seneca that created delays and ultimate project extension due to private utilities' failure to properly mark their respective infrastructure; and WHEREAS, the City desires to provide payment to HLA for their services during construction as provided for in the original contract; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into Addendum No. 4 with HLA to accomplish the additional work required by the unforeseen construction problems; now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute Addendum No. 4 to Professional Services Contract 2012 -42, thereby increasing the total contract value to an amount not to exceed Four Hundred Sixty Four Thousand Two Hundred Twenty Four Dollars ($464,224.00) with Huibregtse, Louman Associates, Inc., said not to exceed value representing an increase of Two Hundred Eleven Thousand Seven Hundred Twenty Four Dollars ($211,724.00) for the work described in Addendum No. 4, attached hereto and incorporated herein by this reference, to provide the additional Professional Engineering Services required for the City extension of the IW Collection System to the vicinity of 23 d Avenue and River Road. ADOPTED BY THE CITY COUNCIL this 20th day of August, 2013. ATTEST: Sonya Claar -Tee, City Clerk Micah Cawley, Mayor ADDENDUM NO. 4 AGREEMENT FOR PROFESSIONAL SERVICES City of Yakima Contract No. 2012 -42 City Project No. WW2327, Resolution R- 2012 -60 HLA Project No. 12064 This Addendum, hereinafter identified as Addendum No. 4, is hereby entered into and made a part of the Agreement between City of Yakima, Washington, and Huibregtse, Louman Associates, Inc. (HLA), for Professional Services first entered into on the 2nd day of May, 2012, Addendum No. 1 entered into on the 2nd day of July 2012, Addendum No. 2 entered into on the 22nd day of March 2013, and Addendum No. 3 entered into on the 17th day of April 2013, by the City of Yakima, hereinafter called the "CITY," and Huibregtse, Louman Associates, Inc., hereinafter called the "ENGINEER." WITNESSETH: That in consideration of the mutual covenants and agreements herein contained, the parties hereto do mutually agree to amend, revise, and /or add the following to the referenced Agreement: SECTION 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 $464,224.00 without the written agreement of the CITY and the ENGINEER. Other than the specific amendments identified herein, all other terms, conditions, and requirements of the underlying contract, Addendum No. 1, Addendum No. 2, and Addendum No. 3 shall remain in full force and effect throughout the term of the Contract's performance. IN WITNESS WHEREOF the parties hereto duly enter into and execute this Addendum No. 4, as of this day of 12013. CITY OF YAKIMA Signature Printed Name: Tony O'Rourke Title: City Manager Date: Attest HUIBREGTSE, LOUMAN ASSOCIATES, INC. Signature Printed Name: Jeffrey T. Louman, PE Title: President Date: Printed Name: Sonya Claar Tee Title: City Clerk City Contract No. 2012 -42 Resolution No. R -2013- CAProgram F iles\neev ia. com\docConverterPro\temp\NVDC\93841 A40- 2322- 46C8- B084- 124E6821 E34C \PDFConvert. 2872 .1.2013- 07- 08_APS_ Addendum _No4= 12064 Addtnl Cons Services.docx - 1 - ADDENDUM NO. 4 EXHIBIT A — SCOPE OF SERVICES City of Yakima Contract No. 2012 -42 City Project No. WW2327, Resolution R- 2012 -60 HLA Project No. 12064 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 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 23rd 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 32nd Avenue /Fruitvale Boulevard. The attached Exhibit illustrates potential alignment routes for improvements. SCOPE OF SERVICES: PHASE 6 - SERVICES DURING CONSTRUCTION Additional Services Performed A. HLA provided additional construction services beyond the original scope of services for an alignment revision through Elks Memorial Park and for coordination efforts with Cascade Natural Gas, AT &T, Centurylink, Level 3 Communications, and other utilities. B. HLA furnished a resident engineer (inspector) during construction activities when the Contractor exceeded normal straight time working hours, resulting in additional inspection outside of the original project scope. C. The City of Yakima authorized twelve (12) additional construction contract days necessary to compensate the Contractor for unforeseen circumstances during construction. Additional engineering and administration services are required while the Contractor is performing work. FEE FOR SERVICE: PHASE 6 — SERVICES DURING CONSTRUCTION All work was and 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 $211,724.00 CAProg ram F iles\neev ia. com\docConverterPro\temp\NVDC\93841 A40- 2322- 46C8- B084- 124E6821 E34C \PDFConvert. 2872 .1.2013- 07- 08_APS_ Addendum _No4= 12064 Addtnl Cons Services.docx - 2 -