HomeMy WebLinkAboutR-2013-117 Naches River Water Treatment Plant Filter Backwash Lagoon Improvements Agreement with Huibregtse, Louman Associates, IncRESOLUTION NO. R- 2013 -117
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
services during construction for the Naches River Water Treatment Plant
Filter Backwash Lagoon Improvements project No. 2259.
WHEREAS, the City of Yakima Water /Irrigation Division requires engineering and
consulting services associated with services during construction for the Naches River Water
Treatment Plant Filter Backwash Lagoon Improvements project No. 2259; 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
WHEREAS, 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 services during construction for the Naches River Water Treatment Plant Filter
Backwash Lagoon Improvements project No. 2259; 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 services during construction for the Naches River Water
Treatment Plant Filter Backwash Lagoon Improvements project No. 2259; 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 services during
construction for the Naches River Water Treatment Plant Filter Backwash Lagoon
Improvements project No. 2259.
ADOPTED BY THE CITY COUNCIL this 3rd day of September, 2013.
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Micah Cawley Mayor
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AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this � day of & , 2013, by and
between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North
Second Street, Yakima, WA 98901, hereinafter referred to as "CITY," and Huibregtse, Louman
Associates, Inc. (HLA), with its principal office at 801 North 39th Avenue, Yakima, WA 98902, hereinafter
referred to as "ENGINEER," said corporation and its principal engineers are licensed and registered to do
business in the State of Washington, and will provide services during construction under this Agreement
for the Naches River Water Treatment Plant Filter Backwash Lagoon Improvements on behalf of the City
of Yakima, Project No 2259, herein referred to as 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
2.01 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
20.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign,
Theodore W Pooler, PE, as Principal -in- Charge throughout the term of this
AGREEMENT unless other personnel are approved by the CITY
21 Basic Services. ENGINEER agrees to perform those tasks described in EXHIBIT A — SCOPE OF
SERVICES, entitled "Services During Construction" (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 EXHIBIT A may be needed during
performance of this AGREEMENT CITY may, at any time, by written order, direct the
ENGINEER to revise portions of the PROJECT WORK previously completed in a satisfactory
manner, delete portions of the PROJECT, or request that the ENGINEER perform additional
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WORK beyond the scope of the PROJECT WORK. Such changes hereinafter shall be referred
to as "Additional Services "
2.21 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or
time required for, performance of any services under this AGREEMENT, a contract price
and /or completion time adjustment pursuant to this AGREEMENT shall be made and this
AGREEMENT shall be modified ,in writing accordingly
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the ENGINEER according to the provisions set forth in EXHIBIT A — SCOPE
OF SERVICES, attached hereto and incorporated herein by this reference, 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)
23 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
31 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.
32 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.
33 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
34 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
35 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
41 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
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SECTION 5 COMPENSATION
51 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES For the services
described in EXHIBIT A, compensation shall be according to EXHIBIT C — SCHEDULE OF
RATES, attached hereto and incorporated herein by this reference, on a time spent basis plus
reimbursement for direct non -salary expenses. An hourly estimate of the total direct costs is
provided as shown in EXHIBIT B — ENGINEER'S HOURLY ESTIMATE.
51 1 DIRECT NON - SALARY EXPENSES Direct Non -Salary Expenses are those costs
incurred on or directly for the PROJECT including, but not limited to, necessary
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 a reasonable markup, not to exceed ten percent (10 %) and on the
basis of current rates when furnished by ENGINEER. Estimated Direct Non -Salary
Expenses are shown in EXHIBIT B
51 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
51.2 Telephone charges, computer charges, in -house reproduction charges, first class
postage, and FAX charges are not included in the direct expense costs, but are
considered included in the EXHIBIT C — SCHEDULE OF RATES
513 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 actual costs billed plus a reasonable markup, not to exceed ten percent (10 %)
for services provided to the CITY through this AGREEMENT Estimated Subconsultant
costs are shown in EXHIBIT B
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this
PROJECT shall not exceed Four Hundred Thousand Dollars ($400,000 00) The ENGINEER will
make reasonable efforts to complete the WORK within the budget and will keep CITY informed of
progress toward that end so that the budget or WORK effort can be adjusted if found necessary
The ENGINEER is not obligated to incur costs beyond the indicated budget, as may be adjusted,
nor is the CITY obligated to pay the ENGINEER beyond these limits When any budget has been
increased, the ENGINEER'S excess costs expended prior to such increase will be allowable to
the same extent as if such costs had been incurred after the approved increase, and provided
that the CITY was informed in writing at the time such costs were incurred
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53 The ENGINEER shall submit to 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 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
54 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).
55 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
56 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
61 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.
63 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
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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.
64 INDEMNIFICATION:
6 4 1 ENGINEER agrees to defend, indemnify, and hold harmless the CITY, its elected
officials, agents, officers, employees, agents, and volunteers (hereinafter "parties
protected ") from (1) claims, demands, liens, lawsuits, administrative and other
proceedings (including reasonable costs and attorneys fees), and (2) judgments,
awards, losses, liabilities, damages, penalties, fines, costs, and expenses 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
64.2 CITY agrees to indemnify, defend, and hold the ENGINEER harmless from loss,
cost, or expense 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.
643 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
644 Nothing contained in this Section or this AGREEMENT shall be construed to
create a liability or a right of indemnification in any third party
65 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this AGREEMENT shall not be limited in any way by any
limitation on the amount or types of damages, compensation, or benefits payable by or for the
ENGINEER or a subcontractor under workers' or workmens' compensation acts, disability benefit
acts, or other employee benefit acts
66 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.
67 SUBSURFACE INVESTIGATIONS In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive test points
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and sample intervals and at locations other than where observation, exploration, and
investigations have been made. Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could affect total PROJECT
cost and /or execution These conditions and cost/execution effects are not the responsibility of
the ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate
standard of professional care and judgment in such investigations.
SECTION 7 PROJECT SCHEDULE AND BUDGET
71 The general PROJECT schedule and the budget for both the entire PROJECT and its component
tasks shall be as set forth in this AGREEMENT and attachments. The PROJECT schedule and
performance dates for the individual tasks shall be mutually agreed to by the CITY and the
ENGINEER within fifteen (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
81 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 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
83 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
91 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
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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
93 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
95 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
101 At all times during performance of the Services, ENGINEER shall secure and maintain in effect
insurance to protect the CITY and the 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 rights to require higher limits should it deem it necessary in
the best interest of the public
101 1 Commercial General Liability Insurance. Before this AGREEMENT 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 liability limit of the limits required in the policy, subject to minimum limits 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 AGREEMENT The policy shall name the CITY, its
elected officials, officers, agents, employees, and volunteers as additional insureds.
The insured shall not cancel or change the insurance without first giving the CITY thirty
(30) calendar days prior written notice 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 AGREEMENT is fully executed by
the parties, ENGINEER shall provide the CITY with a certificate of insurance as
proof of commercial automobile liability insurance and commercial umbrella
liability insurance with a total liability limit of the limits required in the policy,
subject to minimum limits 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
101 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
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liability coverage at the same limits as required in that section of this
AGREEMENT, which is Section 10 1 1 entitled "Commercial General Liability
Insurance "
101 2.3 Under either situation described above in Section 10 1 2 a. and Section
10 1 2 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 as additional insureds. The
insured shall not cancel or change the insurance without first giving the CITY
thirty (30) calendar days prior written notice 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
101 3 Statutory workers' compensation and employer's liability insurance as required by state
law
101 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 liability limit of the limits required in the policy,
subject to minimum limits of Two Million Dollars ($2,000,000 00) per claim, 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 insured shall not cancel or change the insurance without first
giving the CITY thirty (30) calendar days prior written notice 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 there under The CITY and the CITY'S elected officials, officers,
principals, employees, representatives, and agents shall have no obligation for
payment of premiums because of being named as additional insureds under such
insurance None of the policies issued pursuant to the requirements contained herein
shall be canceled, allowed to expire, or changed in any manner 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 following persons or firms for the
purpose of completing this AGREEMENT
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• Conley Engineering, Inc.
• Structural Research Company
• GN Northern, Inc.
• Baer Testing, 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
121 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
131 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
141 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 Washington
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 arising under this
AGREEMENT shall be Yakima County, State of Washington
SECTION 15 EQUAL EMPLOYMENT AND NONDISCRIMINATION
151 During the performance of this AGREEMENT, ENGINEER and ENGINEER's subconsultants and
subcontractors 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
161 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
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this AGREEMENT are subject to renegotiation, and both parties are granted the option to
terminate WORK on the suspended portion of the PROJECT in accordance with SECTION 17
SECTION 17 TERMINATION OF WORK
171 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 171 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
173 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
174 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
175 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
176 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
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178 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the
ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its
obligations to complete ° performance under this AGREEMENT without the concurrence and
written approval of CITY If CITY agrees to termination of this AGREEMENT under this provision,
payment shall be made as set forth in subparagraph 17 3 of this Section.
SECTION 18 DISPUTE RESOLUTION
181 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
AGREEMENT, 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 either of the afore mentioned
methods are not successful then any dispute relating to this AGREEMENT shall be decided in the
courts of Yakima County, 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
191 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
193 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
201 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- Mike Shane, Water /Irrigation Engineer
ENGINEER. Huibregtse, Louman Associates, Inc.
801 North 39th Avenue
Yakima, WA 98902
Attn Jeffrey T Louman, PE, President
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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.
HUIBREGTSE, LOUMAN ASSOCIATES, INC
Sig ture
Printed Name Tony O'Rourke Printed Name Jeffrey T. Lou an
Title City Manager Title President
mmn.or; � i�i
Attest 1 % °' 1
Cit y Clerk �
� k
kxx�x `a
City Contract No 2013- �3 �q NIN�'�O
Resolution No R- 2013 -1
G \Contracts & Task Orders \Yakima\2013 -08 -21 - City of Yakima WTP Filter Backwash Lagoon Improv Const APS - Track Changes.docx Page 12 of 20
STATE OF WASHINGTON )
) ss
COUNTY OF YAKIMA )
I certify that I know or have satisfactory evidence that Tony O'Rourke 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 9— 5= a
Seal or Stamp ` --
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STFpy �,�., Q nature)
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My camm. exph s ; Title of
March 21, 2014 Z!;
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Printed Name
My commission expiresO/
GAContracts & Task Orders \Yakima\2013 -08 -21 - City of Yakima WTP Filter Backwash Lagoon Improv Const APS - Track Changes.docx Page 13 of 20
STATE OF WASHINGTON )
) ss
COUNTY OF YAKIMA )
I certify that I know or have satisfactory evidence that Jeffrey T. Louman, PE is the
person who appeared before me, and said person acknowledged that he /she signed this instrument, on
oath stated that he /she was authorized to execute the instrument, and acknowledged it as the
President of Huibreqtse, Louman Associates, Inc. to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated—(I L.LG L L si Zb , Z o 13
Seal or Stamp
`ooll r►►►►►►1
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=N• 01/28/2017 •Z:
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Printed Name
My commission expires 2.. -g 2.0 17
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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
NACHES RIVER WATER TREATMENT PLANT
FILTER BACKWASH LAGOON IMPROVEMENTS
SERVICES DURING CONSTRUCTION
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, construction observation, inspection, and materials testing
throughout the duration of the construction project.
PROJECT:
Bids for the PROJECT were opened on July 17, 2013 Construction is anticipated to begin in October
2013 To ensure that all PROJECT elements are constructed in accordance with the Plans and
Specifications dated June 2013, CITY has requested that construction project management, observation,
inspection and testing services be provided by the ENGINEER.
SCOPE OF SERVICES:
Services During Construction
Services during construction will include the following
• 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 the Plans and
Specifications
• Prepare and file progress reports on the PROJECT with the CITY and provide monthly
progress estimates to the CITY
• Consult and advise the CITY during construction and make a final report of the complete
work.
• Monitor the construction contractor's compliance with State and Federal labor standards.
• Review contractor's submission of samples and shop drawings, where applicable
• Recommend progress payments for the construction contractor to the CITY
• Respond to contractor requests for information (RFIs)
• Prepare and submit proposed contract change orders when applicable
• Prepare and furnish reproducible record drawings of all completed work from as -built
drawings furnished by the CITY's construction contractor
• Participate in the 11th month warranty inspection and make recommendations to construction
contractor for warranty work that needs to be addressed.
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• Complete geotechnical inspections to review subgrade conditions and structural fill
placement to ensure compliance with the recommendations of the Report of Geotechnical
Site Investigation dated May 2012 The geotechnical engineer will also assist with review of
geotechnical- related submittals and RFIs
• Complete structural inspections to ensure conformance with the structural design aspects of
the PROJECT. The structural engineer will also assist with review of building and structure
submittals and responding to structural - related RFIs.
• Complete electrical inspections to ensure conformance with the contract documents The
electrical engineer will also assist with review of electrical submittals and responding to
electrical system RFIs The electrical engineer will also provide all required programming and
startup services necessary for new system components with the existing plant HMI and PLC
• Complete required quality control materials testing and special inspections by certified
personnel and a certified materials testing lab
Programming and startup services necessary for integration with the existing plant PLC and HMI are
not included in the scope of services for this project. System integration will be completed as part of a
separate telemetry system upgrade project.
TIME OF PERFORMANCE:
The PROJECT time of performance shall be amended as follows
Services During Construction
Time of performance for services during construction is based upon CITY awarding a construction
contract to the low bidder in August 2013 and construction of the PROJECT beginning upon
shutdown of the treatment plant on October 15, 2013 Construction is anticipated to be substantially
complete and ready for plant startup by May 1, 2014 All construction activities are anticipated to be
completed by June 1, 2014 The total anticipated construction duration will be approximately 170
working days
FEE FOR SERVICE:
The PROJECT fees for service shall be amended as follows
Services During Construction
All work for this PROJECT phase shall be performed on a time -spent basis at the hourly billing rates
provided in EXHIBIT C, plus reimbursement for direct non - salary expenses as described in section
5 1 1 of the AGREEMENT Subconsultant costs shall be billed as described in section 5 1 3 of the
AGREEMENT. The total estimated maximum amount for services during construction, including
subconsultant costs, is $400,000 00
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 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 1 1 of the AGREEMENT. Subconsultant costs shall be
billed as described in section 5 1 3 of the AGREEMENT
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EXHIBIT B
ENGINEER'S HOURLY ESTIMATE
Project Title: Naches River Water Treatment Plant Filter Backwash Lagoon Improvements - Construction Services
Client: City of Yakima
HLA Project Number- 11108C
Date: 23- Jul -13
SERVICES DURING CONSTRUCTION (170 Working Days, October 1, 2013 through June 1, 2014)
Task
No.
Project Task
Licensed
Principal
Engineer
Principal
Land
Surveyor
Licensed
Prof.
Engineer
Licensed
Prof. Land
Surveyor
Project
Engineer
CAD
Technician
Resident
Engineer/
Inspector
Senior
Engineer
Tech.
Surveyor on
Two -Man
Crew
Word
Processing
Technician
Total Hours
Task Direct
Costs
$176.00
$160.00
$14500
$132.00
$119.00
$104.00
$99.00
$9900
$9500
$70.00
1
Prepare Notice of Award
2
2
2
6
$628.00
2
Assist City with Review /Prep. of Contracts
2
2
2
8
2
16
$1,812.00
3
Conduct Pre- Construction Meeting
4
4
4
2
14
$1,592.00
4
Prepare Notice to Proceed
2
2
4
2
10
$1,06400
5
Submittal Review
8
80
60
80
228
$28,068.00
6
Respond to Contractor RFIs
8
50
40
40
138
$17,378.00
7
Prepare and Issue Change Orders
8
20
24
24
2
78
$9,680.00
8
Construction Surveying /Staking
4
4
16
24
40
88
$9,628.00
9
Onsite Inspection /Review
8
40
1300
80
1428
$143,828.00
10
Prepare Field Inspection Reports
80
16
96
$9,040.00
11
Conduct Weekly Construction Meetings
8
100
100
208
$27,808.00
12
Conduct Payroll Reviews
1
4
16
8
2
31
$3,592.00
13
Conduct Wage Rate Interviews
8
8
2
18
$1,88400
14
Prepare Frog. Estimates & Rec. Pymnt.
4
24
24
40
2
94
$11,140.00
15
Final Walk- through /Punchlist
4
4
8
2
18
$1,988.00
16
Prepare Closeout Documentation
4
16
8
8
16
2
54
$6,492.00
17
Prepare Record Drawings
1
6
2
24
24
8
2
67
$7,088.00
18
Conduct 11 -Month Warranty Review
4
4
4
2
14
$1,592.00
Labor Subtotal
52
4
362
16
298
48
1428
318
40
40
2606
$284,302.00
EXPENSES:
Cost
$ /hr
Ground
Days
Miles
Travel:
Mileage
$0.55
5000
$2,750.00
Meals /Lodging
$0.00
Misc. Expenses.
Advertisement
Telephone
Postage
Outside Printing
G1Contracts & Task Orders\Yakima\2013 -07 -25 - City of Yakima WTP Filter Backwash Lagoon Improv Task - Manhour Est Consl Services.xlsx
Sub - Consultants:
Electrical - Conley Engineering, Inc.
$68,000.00
Mark -up
1 1
$74,800.00
Structural - Structural Research Co.
$30,000.00
1 1
$33,000.00
Geotechnical - GN Northern, Inc.
$8,000.00
1 1
$8,800.00
Mat. Testing /Spec. Insp. - Baer Testing, Inc.
$35,000.00
1 1
$38,500.00
Subtotal - Labor
$284,302.00
Subtotal - Expenses
$2,750.00
Subtotal - Subconsultants
$113,300.00
Total - Services During Construction
$400,352.00
G:\Contracts & Task Orders \Yakima\2013 -07 -25 - City of Yakima WTP Filter Backwash Lagoon Improv Task - Manhour Est Const Senrices.xlsx
EXHIBIT C
SCHEDULE OF RATES
FOR
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
Effective 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
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SCHEDULE OF RATES
FOR
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
Effective January 1, 2014, Through December 31, 2014
Licensed Principal Engineer
$176 00 per hour
Licensed Principal Land Surveyor
$160 00 per hour
Licensed Professional Engineer
$145 00 per hour
Licensed Professional Land Surveyor
$132 00 per hour
Project Engineer
$119 00 per hour
CAD Technician
$104 00 per hour
Resident Engineer /Inspector
$99 00 per hour
Surveyor
$99 00 per hour
Senior Engineering Technician
$99 00 per hour
Engineering Technician
$70 00 per hour
Word Processing Technician $70 00 per hour
Surveyor on Two Man Crew $95 00 per hour
Surveyor on Three Man Crew $83 00 per hour
Vehicle Mileage $0 55 per mile
Global Positioning Survey System Fee $90 00 per hour
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
�y
Item No..5
For Meeting of: 9/3/2013
ITEM TITLE: Resolution authorizing agreement with Huibregtse., Louman
Associates, Inc. for engineering and consulting services
associated with services during construction for the Naches
River Water Treatment Plant Filter Backwash Lagoon
Improvements project No. 2259 in an amount not to exceed
$400,352.00.
SUBMITTED BY: Debbie Cook, Utilities and Engineering Director
David Brown, Water /Irrigation Division Manager
SUMMARY EXPLANATION:
This is a contract with Huibregtse, Louman and Associates, for engineering and
consulting services during construction for the Naches River Water Treatment Plant Filter
Backwash Lagoon Improvements, which has been awarded to POW Contracting, Inc., The
agreement with Huibregtse, Louman & Associates will not exceed $400,352.00. The contract
includes daily construction inspection for Backwash lagoons, pump station and electrical
upgrade, as built drawings and contract management. The project was identified in the 2010
Water System Plan, the 2007 Cost of Service and Rate Study and is included in the scope of
work in our $3,514,800 Drinking Water State Revolving Fund Loan.
Resolution: X
Other (Specify):
Ordinance:
Contract: X Contract Term:
Start Date: September 30, 2013 End Date: upon completion
Item Budgeted: Yes Amount: $400,352
Funding Source /Fiscal From the 477 Water improvement fund
Impact:
Strategic Priority: Improve the Built Environment
Insurance Required? No
Mail to: HLA, Inc.; 801 North 39th Avenue, Yakima, WA 98902
Phone: 509 - 966 -7000
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
Approve Resolution
ATTACHMENTS:
Description
❑ Resolution
City Manager
Upload Date
Type
712512013
Resolution
712512013
Contract