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HomeMy WebLinkAboutR-2014-054 West Yakima Irrigation System Rehabilitation Agreement with Huibregtse, Louman Associates, Inc. RESOLUTION NO. R- 2014 -054 A RESOLUTION authorizing the City Manager to execute the attached and incorporated engineering and consulting services agreement with Huibregtse, Louman Associates, Inc. for engineering and consulting services associated with the design, production of contract documents and construction management services for the second half of the West Yakima Irrigation System Rehabilitation Project 2323. WHEREAS, the City of Yakima Water /Irrigation Division requires engineering, consulting services and construction associated with the second half of the West Yakima Irrigation System Rehabilitation Project 2323; 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 held a competitive Request for Proposals process where Huibregtse, Louman Associated, Inc. was selected; 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 for the above - stated project and is willing to do so in accordance with the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City to enter into an agreement with Huibregtse, Louman Associates, Inc., for engineering and consulting services associated with the design, bid document preparation and construction management of the second half of the West Yakima Irrigation System Rehabilitation Project 2323; and WHEREAS, the City Council deems it to be in the best interest of the City to authorize the City Manager to execute all other documents related to the design, contract administration and construction associated with the second half of the West Yakima Irrigation System Rehabilitation Project 2323; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated engineering and consulting services agreement with Huibregtse, Louman Associates, Inc. for engineering and consulting services associated with the second half of the West Yakima Irrigation System Rehabilitation Project 2323. ADOPTED BY THE CITY COUNCIL this 15 day of April 2014. G/ ✓/ Tr EST: cah•Iey, Mayor Se * ° \,�1 /���� 1 • 1 , ; a Claar Tee, City Clerk y y: ` y D S 1 0 *a= For City of Yakima Use Only: Contract No. a7-101,t-407 7 AGREEMENT Project No. o'z3 BETWEEN Resolution No. caIy CITY OF YAKIMA, WASHINGTON SOQ No. AND HUIBREGTSE, LOUMAN ASSOCIATES, INC. FOR PROFESSIONAL SERVICES • THIS AGREEMENT, made and entered into on th / day of , 2014, by and between the City of Yakima, Washington, a municipal corporation with its rincipal 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 2803 River Road, 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 design engineering services and engineering services during construction under this Agreement for the West Yakima Irrigation System Phase 2 Improvements on behalf of the City of Yakima, Project No IR2323, 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 2.0 1 ENGINEER agrees to perform those services described hereafter Unless modified in writing by both parties, duties of ENGINEER shall not be construed to exceed those services specifically set forth herein. 2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign, Michael T Battle, PE, as 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 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 G. \Contracts & Task Orders \Yakima\2014 -03 -31 - COY West Yak Ph 2 [rogation Imp APS.docx Page 1 of 21 WORK beyond the scope of the PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services." 2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or time required for, performance of any services under this AGREEMENT, a contract price and /or completion time adjustment pursuant to this AGREEMENT shall be made and this AGREEMENT shall be modified in writing accordingly 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) 2 3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the date of the ENGINEER's receipt of the written notification of change. SECTION 3 CITY'S RESPONSIBILITIES 3 1 CITY- FURNISHED DATA. The CITY will provide to the ENGINEER all technical data in the CITY'S possession relating to the ENGINEER'S services on the PROJECT including information on any pre- existing conditions known to the CITY that constitute hazardous waste contamination on the PROJECT site as determined by an authorized regulatory agency or qualified professional 3.2 ACCESS TO FACILITIES AND PROPERTY The CITY will make its facilities reasonably accessible to ENGINEER as required for ENGINEER'S performance of its services and will provide labor and safety equipment as reasonably required by ENGINEER for such access 3 3 TIMELY REVIEW The CITY will examine the ENGINEER'S studies, reports, sketches, drawings, specifications, proposals, and other documents, obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY deems appropriate, and render in writing decisions required of CITY in a timely manner Such examinations and decisions, however, shall not relieve the ENGINEER of any contractual obligations nor of its duty to render professional services meeting the standards of care for its profession 3 4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this AGREEMENT CITY'S Representative shall have complete authority to transmit instructions and receive information ENGINEER shall be entitled to reasonably rely on such instructions made by the CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall be responsible for bringing to the attention of the CITY'S Representative any instructions which the ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER'S knowledge. 3 5 Any documents, services, and reports provided by the CITY to the ENGINEER are available solely as additional information to the ENGINEER and will not relieve the ENGINEER of its duties and obligations under this AGREEMENT or by law The ENGINEER shall be entitled to reasonably rely upon the accuracy and the completeness of such documents, services and reports, but shall be responsible for exercising customary professional care in using and reviewing such documents, services, and reports and drawing conclusions therefrom SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION 4 1 In signing this AGREEMENT, CITY grants ENGINEER specific authorization to proceed with WORK described in EXHIBIT A. The time for completion is defined in EXHIBIT A, or as amended G: \Contracts & Task Orders \Yakima\2014 -03 -31 - COY West Yak Ph 2 Irrigation Imp APS.docx Page 2 of 21 SECTION 5 COMPENSATION 51 COMPENSATON ON A LUMP SUM BASIS For the services described in EXHIBIT A, compensation shall be paid per lump sum fee. The maximum amount of compensation to the ENGINEER for Phase 1 - Design and Final Plans and Specifications, as described in the FEE FOR SERVICE section of EXHIBIT A, shall not exceed One Hundred Twenty -Four Thousand and Sixty Dollars ($124,060 00) without the written agreement of the CITY and the ENGINEER EXHIBIT B — PROFESSIONAL SERVICES provides estimated times and expenses to perform services. 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. EXHIBIT B — PROFESSIONAL SERVICES provides estimated times and expenses to perform services. The maximum amount of compensation to the ENGINEER for Phase 2 - Services During Construction, as described in the FEE FOR SERVICE section of EXHIBIT A, shall not exceed One Hundred Forty -Seven Thousand and Thirty Dollars ($147,030 00) without the written agreement of the CITY and the ENGINEER. 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 C. 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 C G. \Contracts & Task Orders \Yakima\2014 -03 -31 - COY West Yak Ph 2 Irrigation Imp APS.docx Page 3 of 21 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 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 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 5 4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on the unpaid balance shall accrue beginning with the sixty -first (61) day at the rate of 1 0% per month or the maximum interest rate permitted by law, whichever is less, provided, however, that no interest shall accrue pursuant to Chapter 39 76 RCW when before the date of timely payment a notice of dispute is issued in good faith by the CITY to the ENGINEER pursuant to the terms of RCW 39 76.020(4) 5.5 Final payment of any balance due the ENGINEER for PROJECT services will be made within forty -five (45) days after satisfactory completion of the services required by this AGREEMENT as evidenced by written acceptance by CITY and after such audit or verification as CITY may deem necessary and execution and delivery by the ENGINEER of a release of all known 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 G: \Contracts & Task Orders \Yakima\2014 -03 -31 - COY West Yak Ph 2 Irrigation Imp APS.docx Page 4 of 21 be construed to operate as a waiver of any rights under this AGREEMENT or at law or any cause of action arising out of the performance of this AGREEMENT. 6 3 In performing WORK and services hereunder, the ENGINEER and its subcontractors, subconsultants, employees, agents, and representatives shall be acting as independent contractors and shall not be deemed or construed to be employees or agents of CITY in any manner whatsoever The ENGINEER shall not hold itself out as, nor claim to be, an officer or employee of CITY by reason hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of CITY. The ENGINEER shall be solely responsible for any claims for wages or compensation by ENGINEER employees, agents, and representatives, including subconsultants and subcontractors, and shall save and hold CITY harmless therefrom 6 4 INDEMNIFICATION 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 6 4.2 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 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 workmens' 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 G. \Contracts & Task Orders \Yakima\2014 -03 -31 - COY West Yak Ph 2 Irrigation Imp APS.docx Page 5 of 21 contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER professional liability 6 7 SUBSURFACE INVESTIGATIONS In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observation, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and /or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate standard of professional care and judgment in such investigations SECTION 7 PROJECT SCHEDULE AND BUDGET 7 1 The general PROJECT schedule and the budget for both the entire PROJECT and its component tasks shall be as set forth in this AGREEMENT and attachments. The PROJECT schedule and performance dates for the individual tasks shall be mutually agreed to by the CITY and the ENGINEER within fifteen (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 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 G: \Contracts & Task Orders \Yakima\2014 -03 -31 - COY West Yak Ph 2 Irrigation Imp APS docx Page 6 of 21 • 5 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 The CITY, or the CITY'S duly authorized representative shall have access to such books, records, documents, and other evidence for inspection, audit, and copying for a period of three years after completion of the PROJECT The CITY shall also have access to such books, records, and documents during the performance of the PROJECT WORK, if deemed necessary by the CITY, to verify the ENGINEER'S WORK and invoices. 9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or auditing agency 9 3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to records pursuant to this section provided that the ENGINEER is afforded the opportunity for an audit exit conference and an opportunity to comment and submit any supporting documentation on the pertinent portions of the draft audit report and that the final audit report will include written comments, if any, of the ENGINEER. 9 4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for WORK on the PROJECT. 9 5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately substantiated shall be reimbursed to the CITY SECTION 10 INSURANCE 10 1 At all times during performance of the 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. 10 1 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. G: \Contracts & Task Orders \Yakima\2014 -03 -31 - COY West Yak Ph 2 Irrigation Imp APS.docx Page 7 of 21 1012.2 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 10 1 1 entitled "Commercial General Liability Insurance " 101 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 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 1.3 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 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' • None G \Contracts & Task Orders \Yakima12014 -03 -31 - COY West Yak Ph 2 Irrigation Imp APS.docx Page 8 of 21 11 4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK completed by subconsultants and subcontractors during the preceding month and copies of all invoices thereto SECTION 12 ASSIGNMENT 12 1 This AGREEMENT is binding on the heirs, successors and assigns of the parties hereto This AGREEMENT may not be assigned by CITY or ENGINEER without prior written consent of the other, which consent will not be unreasonably withheld It is expressly intended and agreed that no third party beneficiaries are created by this AGREEMENT, and that the rights and remedies provided herein shall inure only to the benefit of the parties to this AGREEMENT SECTION 13 INTEGRATION 13 1 This AGREEMENT represents the entire understanding of CITY and ENGINEER as to those matters contained herein No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein This AGREEMENT may not be modified or altered except in writing signed by both parties SECTION 14 JURISDICTION AND VENUE 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 15 1 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 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 the 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 G. \Contracts & Task Orders \Yakima\2014 -03 -31 - COY West Yak Ph 2 Irrigation Imp APS.docx Page 9 of 21 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 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. 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 G: \Contracts & Task Orders \Yakima\2014 -03 -31 - COY West Yak Ph 2 Irrigation Imp APS dock Page 10 of 21 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 19 1 Interest of Members of 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 Attn Mike Shane, Water /Irrigation Engineer 2301 Fruitvale Boulevard Yakima, WA 98902 ENGINEER. Huibregtse, Louman Associates, Inc. Attn. Jeffrey T Louman, PE, President 2803 River Road Yakima, WA 98902 G: \Contracts & Task Orders \Yak,ma\2014 -03 -31 - COY West Yak Ph 2 Irrigation Imp APS.docx Page 11 of 21 L 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 A # /IA179 • - - Sign ure f —T—-----*-- Printed Name Tony O'Rourke Printed Name. Jeffrey T. Louman Title City Manager Title President Date 05/ ` .. .'E) W,,,` �/7 // 14' Attest IA Al& /kJ ( City Clerk , t r ,� ' . t City Contract No 2014 - /771( ': Resolution No R -2014- —05Y G: \Contracts & Task Orders \Yakima\2014 -03 -31 - COY West Yak Ph 2 Irrigation Imp APS.docx Page 12 of 21 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: Seal or Stamp (Signature) Title Printed Name My commission expires G. \Contracts & Task Orders \Yakima\2014 -03 -31 - COY West Yak Ph 2 Irrigation Imp APS.docx Page 13 of 21 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 Huibregtse, Louman Associates, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated (Lp f r I 1 949 14 Seal or Stamp ' (Signature) l a Ippy ., Title 41774-LIA-4- y . Nti coo"' foe : u 5 ee,v! � cS k GL V LF • Q11261" gi Printed Name %, �9�� •• P Ue 0 . : <\ ,' My commission expires: Gt_,V1 UA C j 2 � , ;ZO I'7 G: \Contracts & Task Orders\Yakima\2014 -03 -31 - COY West Yak Ph 2 Irrigation Imp APS docx Page 14 of 21 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 WEST YAKIMA IRRIGATION SYSTEM PHASE 2 IMPROVEMENTS The scope of work shall include the furnishing of all services, labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the work as indicated hereinafter The work to be performed involves project administration, field investigations, final design, plans and specifications, and services during construction for irrigation system improvement areas as shown on Exhibit D PROJECT: The City of Yakima Water /Irrigation Department desires to construct the West Yakima Irrigation System Phase 2 Improvements. The PROJECT is generally bounded to the north by Lincoln Avenue, to the south by Summitview Avenue, to the west by North 37 Avenue, and to the east by the North 20 Avenue block. The system includes approximately 12,600 linear feet of existing irrigation pipelines to be replaced with 3 -Inch, 8 -Inch, and 10 -Inch diameter irrigation mains. SCOPE OF SERVICES: PHASE 1 - DESIGN AND FINAL PLANS AND SPECIFICATIONS • Perform topographic field survey as required to complete the design, plans, and specifications for publicly bid improvements. Call for underground utility locates prior to survey • Perform detailed field investigations necessary to design the identified improvements. • Evaluate alternatives for replacement of identified irrigation pipelines. • Prepare preliminary design plans. • Review and discuss preliminary plans with CITY staff. • 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. Plans will include plan view and details only No profile views will be included • Prepare the Engineer's Estimate of construction cost. • Furnish to the CITY engineering data 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 • 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. • Send advertisement for bids to the Paper of Record and other papers selected by the CITY HLA shall pay all advertisement fees • Answer and supply such information as is requested by prospective bidders. • Prepare and issue addenda, if necessary. G. \Contracts & Task Orders \Yakima\2014 -03 -31 - COY West Yak Ph 2 Irrigation Imp APS.docx Page 15 of 21 • Attend bid opening and participate in the bid opening and evaluation process. • Prepare tabulation of all bids received by the CITY and review bidder's qualifications. • Make recommendation of construction contract award to the lowest responsible bidder PHASE 2 - SERVICES DURING CONSTRUCTION • Furnish the field survey crew necessary to set horizontal and vertical control for the improvements authorized for construction • Furnish a qualified resident engineer who shall make construction observations and be on the job at all times that significant work is in progress, whose duty shall be to provide surveillance of PROJECT construction for substantial compliance with plans and specifications. • Prepare progress reports on the PROJECT for the days during which a resident engineer is present and file same with the CITY • Consult and advise the CITY during construction and make a final report of the completed work. • The City of Yakima is required to monitor the Contractor's payment of prevailing wage rates. As part of construction services, HLA will monitor 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. At that time, HLA will turn over all files kept by HLA during the performance of this task to the CITY It will then be the CITY's responsibility to pursue any outstanding labor issues • Review Contractor's submission of samples and shop drawings where applicable • Recommend progress payments for the construction contractor to the CITY • Prepare and submit proposed contract change orders when applicable • 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 with a note stating that no as -built information was received by HLA. PHASE 3 — ADDITIONAL SERVICES • Provide professional engineering and surveying services for additional work requested by the CITY that is not included in Phases 1 and 2. TIME OF PERFORMANCE: In conjunction with Section 7 of the AGREEMENT, following are anticipated completion times for phases of work. PHASE 1 - DESIGN AND FINAL PLANS AND SPECIFICATIONS Plans, specifications, and estimates for all project elements shall be provided within 120 calendar days following contract execution. G: \Contracts 8 Task Orders \ Yakima \2014 -03 -31 - COY West Yak Ph 2 Irrigation Imp APS docx Page 16 of 21 PHASE 2 - SERVICES DURING CONSTRUCTION Engineering services during construction for the PROJECT shall begin upon construction contract award by 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. Due to the construction period for this work occurring during fall and winter months, the timeframe for completion of improvements is to provide customers unrestricted irrigation water use no later than March 13, 2015, with final paving and other repair work to be completed no later than April 17, 2015 It is anticipated winter weather will shut down project construction for periods of time during the contract. In addition, it is assumed for this contract that the construction contractor will be on -site no more than 90 working days out of approximately 115 available work days between November 3, 2014 and April 17, 2015 This is due to potential weather limitations and the relatively small amount of work for the given time period 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 90 working days shall be considered additional services. PHASE 3 — 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 FEE FOR SERVICE: PHASE 1 — DESIGN AND FINAL PLANS AND SPECIFICATIONS All work for this PROJECT phase shall be performed for the lump sum fee of $124,060 00 PHASE 2 — 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 The estimated maximum amount of this phase of work is $147,030 00. PHASE 3 — ADDITIONAL SERVICES Any additional work requested by the CITY that is not included in Phases 1 and 2 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 C plus reimbursement for direct non - salary expenses as described in section 5 1 1 of the AGREEMENT G: \Contracts & Task Orders \Yakima\2014 -03 -31 - COY West Yak Ph 2 Irrigation Imp APS.docx Page 17 of 21 EXHIBIT B — PROFESSIONAL SERVICES During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection with the following project: CITY OF YAKIMA WEST YAKIMA IRRIGATION SYSTEM PHASE 2 IMPROVEMENTS For the services described in EXHIBIT A, compensation shall be paid per Section 5 of this AGREEMENT The following spreadsheet shows the estimated time and expenses to perform said services Project Title: West Yakima Irrigation System Phase 2 Improvements Client: City of Yakima City Project Number IR2323 Date: March 26, 2014 I ENGINEER'S HOURLY ESTIMATE Licensed Project Principal CAD 2 -Man Word Task Principal Engineer Land Technician Surrey Processing Total Task Direct No. Project Task Engineer Surveyor Party Technician Hours Costs $176 $119 $160 $104 $190 $70 PH 1 DESIGN AND FINAL PLANS AND SPECIFICATIONS A Project Management 20 20 0 0 0 0 40 $5,900 B Project Meetings 8 12 0 0 0 0 20 $2,836 C Field investigations and field surveying 4 20 10 20 160 0 214 $37,164 D Perform the preliminary design 40 90 12 120 10 8 280 $34,610 E In -house project review, quality control 6 20 4 4 0 4 38 $4,772 F Incorporate Agencyreview comments 6 12 0 40 0 4 62 $6,924 G Final design, Plans, and Specifications 10 50 4 60 4 6 134 $15,770 H Furnish copies of Plans and Specifications 2 4 0 0 0 2 8 $968 I Furnish engineering data for approvals 4 8 0 0 0 4 16 $1,936 J Answer bidders questions 4 10 0 0 0 0 14 $1,894 K Prepare and issue addenda 4 8 0 8 0 4 24 $2,768 L Prepare estimate of construction cost 4 12 0 4 0 2 22 $2,688 M Attend bid opening 2 2 0 0 0 0 4 $590 N Prepare tabulation of bids 2 2 0 0 0 4 8 $870 O Make recommendation of contract award 2 '2 0 0 0 4 8 $870 Labor Subtotal 118 272 30 256 174 42 892 $120,560 EXPENSES: Travel: Cost /Unit Ground Days Miles Mileage $0.55 0 $0.00 Meals /Lodging $0.00 Misc. Expenses Advertisement (up to three contract plan sets) $2,000.00 Telephone Postage Outside Printing (up to three contract plan sets) $1,500 00 Sub - Consultants None Anticipated I $0.00 Mark -up 1 1 $0.00 Subtotal - Labor $120,560 00 Subtotal - Expenses $3,500.00 Total - DESIGN AND FINAL PLANS AND SPECIFICATIONS $124,060.00 G: \Contracts & Task Orders \Yakima12014 -03 -31 - COY West Yak Ph 2 Irrigation Imp APS.docx Page 18 of 21 Project Title: West Yakima Irrigation System Phase 2 Improvements Client: City of Yakima City Project Number IR2323 Date: March 26, 2014 ENGINEER'S HOURLY ESTIMATE Licensed Project 2 -Man CAD Resident Contract Task Principal Engineer Survey Technician Engineer/ Administrator Total Task Direct No. Project Task Engineer Party Inspector Hours Costs $183 $123 $196 $108 $102 $113 PH 2 SERVICES DURING CONSTRUCTION A Construction Observation 10 40 20 0 800 0 870 $92,270 B Construction Administration 24 48 0 0 0 6 78 $10,974 C Construction Meetings 8 40 0 0 20 0 68 $8,424 D Submittal Review 4 12 0 0 8 6 30 $3,702 E State Labor Standards Compliance 0 12 0 0 0 36 48 $5,544 F Progress Reports 6 30 0 0 24 12 72 $8,592 G Progress Payments 6 30 0 0 24 12 72 $8,592 H Change Orders 4 8 0 0 12 6 30 $3,618 I Record Drawings 0 6 0 16 16 2 40 $4,324 Labor Subtotal 62 226 20 16 904 80 1308 $146,040 EXPENSES: Travel: Cost /Unit Ground Days Miles Mileage $0.55 1,800 $990.00 Meals /Lodging $0.00 Misc. Expenses • Telephone Postage Subtotal - Labor $146,040 00 Subtotal - Expenses $990 00 Total - SERVICES DURING CONSTRUCTION $147,030.00 G: \Contracts & Task Orders \Yakima\2014 -03 -31 - COY West Yak Ph 2 Irrigation Imp APS.docx Page 19 of 21 EXHIBIT C 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 Contract Administrator $109 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 G \Contracts & Task Orders \Yakima\2014 -03 -31 - COY West Yak Ph 2 Irrigation Imp APS.docx Page 20 of 21 r , EXHIBIT C SCHEDULE OF RATES FOR HUIBREGTSE, LOUMAN ASSOCIATES, INC. Effective January 1, 2015, through December 31, 2015 Licensed Principal Engineer $183 00 per hour Licensed Principal Land Surveyor $165 00 per hour Licensed Professional Engineer $150 00 per hour Licensed Professional Land Surveyor $136 00 per hour Project Engineer $123 00 per hour Contract Administrator $113 00 per hour CAD Technician $108.00 per hour Resident Engineer /Inspector $102.00 per hour Surveyor $102.00 per hour Senior Engineering Technician $102 00 per hour Engineering Technician $72.00 per hour Word Processing Technician $72.00 per hour Surveyor on Two Man Crew $98 00 per hour Surveyor on Three Man Crew $86 00 per hour Vehicle Mileage $0 57 per mile Global Positioning Survey System Fee $93 00 per hour G. \Contracts & Task Orders \Yakima\2014 -03 -31 - COY West Yak Ph 2 Irrigation Imp APS.docx Page 21 of 21 • • , '$ ( ! a • F ,..- , . Linc Ave. __ - " r ^ 4' �„• r - � " „ ^ �x ea' . y yr • �sr. t M s * �• r ttl- { _ �( > N t ^ r .. .” J n 7 Y - i i ! • G am " s > 'r ,, j: rs t.= - , t . - es ._ s t0 d glop; h r 00-11v, i b f n a + M M k a N -r of- .• . N W '� 'fit,: .Z -, Z Z '-e i !'• y.r(i b; - r - _ z -,11-, a. Z r ■ r1 ! 4:7 r ; t.- • - _ mo ! *Tr - :71 •e • r .#' Z. � '� i y3j -� F _ -� z -' -, _ - i s .. . �i f y. - ` • '• R ' " ..^• . ,. t s v•. - rte'• ' - - r or . p'`. et, A � � � 1 -- • � 04, � , �. • ' <. -- ■ � l� -� �'t '� � , � 1 - r � 4 __ _ p to . • � 'a -.. �- - - �� -' 0-* 4 Y •.(�'• 4 - � �' ^F� - - `� +� ) '�. S r - . . �.` � t . •, • 1 liii r• l -` • � ' r �` l d • R � ' ,r.- 4 T a . df' �. - �-� _ `r a , - . ... °�n A� f+ �� • _ _.,_- s y•t _. .4��• it !'.f. . i . r tIl .r > i s '_ .E - /t Q Q t F 4 q- 1 Q Q c4 C•I d c-) co) ; et, - - ... ' lig. j o l ir., . . , „ Z z - 4. t: _ Z Z �' ,_,4 � 0 t c , ® * Yakima Ave •. � � {� j. _ GIs __ . 4 - r„„ 7 r ' _ - t •• 30k7, 600 • r / y ' d e _ e • E W � ..hill t PROJECTS/2014/1400 DWG 2803 River Road _ • — • �, West Yakima Irrigation System Phase 2 City of Yakima HLA Yakima,WA98902 Pipes to be Replaced west Yakima Irrigation System **,. 509,966.7000 Huibregtse, Louman Associates, Inc. Fax 509.965.3800 Phase 2 Improvements Exhibit D - Project Vicinity Map Civil Engineering o Land Surveying.Planning www.hlacivil.com BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. S �J For Meeting of: 4/15/2014 ITEM TITLE: Resolution authorizing an engineering and consulting services agreement for $271,000 with Huibregtse, Louman Associates, Inc. (HLA) for engineering and consulting services associated with the design, production of contract documents and construction management services for the second half of the West Yakima Irrigation System Rehabilitation Project. SUBMITTED BY: David Brown, Water /Irrigation Manager Debbie Cook, Utilities and Engineering Director SUMMARY EXPLANATION: In July of 2003, Council directed staff to rebuild / refurbish the City Irrigation System and develop a Master Irrigation Plan including appropriate rate increases to fund necessary irrigation projects. The West Yakima Irrigation System is one of the priority projects identified in the Master Plan. In October 2003, Council approved a Revenue Bond Ordinance and a $5,000,000 bond was obtained to finance the rebuilding of the irrigation systems. The first half of the West Yakima System was completed in 2005 -2006. The second half of the West Yakima Irrigation System Rehabilitation Project completes the refurbishment of the West Yakima Irrigation System by replacing or slip lining approximately 12,000 feet of irrigation main. HLA's contract to design this project will be funded from appropriations approved by Council in the Irrigation Improvement Fund. Resolution: X Ordinance: Other (Specify): Contract: X Contract Term: Till complete Start Date: April 21, 2014 End Date: Item Budgeted: Yes Amount: $271,100 Funding Source /Fiscal Irrigation Improvement fund Impact: Strategic Priority: Improve the Built Environment Insurance Required? Yes Mail to: Benn Annon, HLA, 2803 River Road, Yakima, WA 98902 Phone: 509 - 966 -7000 APPROVED FOR • SUBMITTAL: :_.... -. City Manager RECOMMENDATION: Approve resolution authorizing the City Manager to execute the accompanying contract for the West Yakima Irrigation System Improvements design and the production of construction documents by Huibregtse, Louman Associates, of Yakima, Washington. ATTACHMENTS: Description Upload Date Type ❑ Resolution 4/2/2014 Resolution ❑ Contract 4/2/2014 Contract