HomeMy WebLinkAboutR-2009-133 East Viola Watermain Replacement Project Services Contract with Huibregste, Louman Associates, Inc. [FUNDING RESOLUTION]RESOLUTION NO. R-2009-133
A RESOLUTION authorizing the City Manager to execute the attached and incorporated
engineering and consulting services agreement with Huibregste, Louman
Associates, Inc. for engineering and consulting services associated with the
design and preparation bid documents for the East Viola Watermain
Replacement Project (Under 1-82); also authorizing the execution of other
documents related to the design, contract administration and construction
associated with completion of the East Viola Watermain Replacement Project.
WHEREAS, the City of Yakima Water/Irrigation Division requires engineering, consulting
services and construction associated with the East Viola Watermain Replacement Project; and
WHEREAS, the City of Yakima Water/Irrigation Division representatives have complied with
the provisions of RCW 39.80 which concerns the procurement of engineering and architectural
services by a city; and
WHEREAS, the City of Yakima Water/Irrigation Division representatives will continue to comply
with the provisions of RCW 39.80 which concerns the procurement of engineering and architectural
services by a city for future engineering and architectural services; and
WHEREAS, Huibregste, 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 Huibregste, Louman Associates, Inc., for engineering and consulting services
associated with the design and construction of the East Viola Watermain Replacement Project; and
WHEREAS, the City Council deems it to be in the best interest of the City to authorize the City
Manager to execute all other documents related to the design, contract administration and
construction associated with the East Viola Watermain Replacement Project; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and incorporated
engineering and consulting services agreement with Huibregste, Louman Associates, Inc. for
engineering and consulting services associated with the design of the East Viola Watermain
Replacement Project; together with all other documents related to the design, contract administration
and construction associated with East Viola Watermain Replacement Project.
ADOPTED BY THE CITY COUNCIL this 6th day of Octoe - 09.
it
David EeOW
Mayor
ATTEST:
City Cle
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
FOR PROFESSIONAL SERVICES
MfrII;
THIS AGREEMENT, made and entered into on this day of (! /0/— , 2009, by and
between the City of Yakima, Washington, a municipal corporation with principal offices at 129 North
Second Street, Yakima, WA 98901, hereinafter referred to as "CITY", and HUIBREGTSE, LOUMAN
ASSOCIATES, INC , 801 North 39th Avenue, Yakima, WA, 98902 and which corporation and its principal
engineers performing this Agreement are licensed and registered to do business in the State of
Washington, hereinafter referred to as "ENGINEER," for the EAST VIOLA WATERMAIN REPLACEMENT
PROJECT (UNDER 1-82), herein called the "PROJECT "
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and
construction of the PROJECT, as described in this Agreement and subsequent Amendments thereto; and
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with
knowledge and experience necessary to satisfactorily accomplish the work within the required time and
that it has no conflicts of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and ENGINEER agree as follows
SECTION 1 INCORPORATION OF RECITALS
1 1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2 0 1 ENGINEER agrees to perform those services described hereafter Unless modified in
writing by both parties, duties of ENGINEER shall not be construed to exceed those
services specifically set forth herein
2 0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign,
Michael T Battle, P E as Principal -in -Charge throughout the term of this Agreement
unless other personnel are approved by the CITY
2 1 Basic Services ENGINEER agrees to perform those tasks described in Exhibit A, entitled "EAST
VIOLA WATERMAIN REPLACEMENT PROJECT (UNDER I-82)" (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 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
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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 B, 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
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
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 at 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
SECTION 5 COMPENSATION
5 1 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 Specific
Hourly Rates, attached hereto and incorporated herein by this reference, on a time spent basis
plus reimbursement for direct non -salary expenses
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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 fifteen percent (15%) 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 Schedule of Specific Hourly Billing Rates
5.1.3 Professional Subconsultants Professional Subconsultants are those costs for
engineering, architecture, geotechnical services and similar professional services
approved by the CITY. Reimbursement for Professional Subconsultants will be on the
basis of 1 10 times the actual costs billed by the Professional Subconsultant for services
provided to the CITY through this Agreement. 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 $39,618 00 for Project Management and Design Services 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 the City's Representative an invoice each month for payment for
PROJECT services completed through the accounting cut-off day of the previous month. Such
invoices shall be for PROJECT services and WORK performed and costs incurred prior to the
date of the invoice and not covered by previously submitted invoices The ENGINEER shall
submit with each invoice a summary of time expended on the PROJECT for the current billing
period, copies of subconsultant invoices, and any other supporting materials determined by the
City necessary to substantiate the costs incurred. CITY will use its best efforts to pay such
invoices within thirty (30) days of receipt and upon approval of the WORK done and amount
billed CITY will notify the ENGINEER promptly if any problems are noted with the invoice CITY
may question any item in an invoice, noting to ENGINEER the questionable item(s) and
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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 faithby 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
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
(a) ENGINEER agrees to defend, indemnify, and hold harmless the CITY, its elected
officials, agents, officers, and employees (hereinafter "parties protected") from (1)
claims, demands, liens, lawsuits, administrative and other proceedings, and (2)
judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses
(including legal fees, costs, and disbursements) of any kind claimed by third parties
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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
(b) CITY agrees to indemnify, defend, and hold the ENGINEER harmless from loss, cost, or
expense, including legal fees, of any kind claimed by third parties, including without
limitation such loss, cost, or expense resulting from injuries to persons or damages to
property, caused solely by the negligence or willful misconduct of the CITY, its
employees, or agents in connection with the PROJECT
(c) 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 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 The ENGINEER specifically and expressly waives its immunity
under the Industrial Insurance Act, Title 51, RCW Such waiver has been mutually negotiated by
the ENGINEER and the CITY as evidenced by their specific and express initialing of this
paragraph.
ENGINEER'S INITIALS CITY'S INITIALS
6 6 It is understood that any resident engineering or inspection provided by ENGINEER is for the
purpose of determining compliance with the technical provisions of PROJECT specifications and
does not constitute any form of guarantee or insurance with respect to the performance of a
contractor ENGINEER does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for compliance by contractors with
laws and regulations CITY shall use its best efforts to ensure that the construction contract
requires that the contractor(s) indemnify and name CITY, the CITY'S and the ENGINEER'S
officers, principals, employees, agents, representatives, and engineers as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability
6 7 SUBSURFACE INVESTIGATIONS In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observation, exploration, and
investigations have been made Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could affect total PROJECT
cost and/or execution These conditions and cost/execution effects are not the responsibility of
the ENGINEER, to the extent that ENGINEER has exercised the applicable standard of
professional care and judgment in such investigations
SECTION 7 PROJECT SCHEDULE AND BUDGET
7 1. The general PROJECT schedule and the budget for 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
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performance date for tasks and the completion date for the entire PROJECT shall not be
extended, nor the budget increased because of any unwarranted delays attributable to the
ENGINEER, but may be extended or increased by the CITY in the event of a delay caused by
special services requested by the CITY or because of unavoidable delay caused by any
governmental action or other conditions beyond the control of the ENGINEER which could not be
reasonably anticipated
7.2 Not later than the tenth (10) day of each calendar month during the performance of the
PROJECT, the ENGINEER shall submit to the CITY'S Representative a copy of the current
schedule and a written narrative description of the WORK accomplished by the ENGINEER and
subconsultants on each task, indicating a good faith estimate of the percentage completion
thereof on the last day of the previous month. Additional oral or written reports shall be prepared
at the request of the CITY for presentation to other governmental agencies and/or to the public.
SECTION 8 REUSE OF DOCUMENTS
8 1 All internal WORK products of the ENGINEER are instruments or service of this PROJECT.
There shall be no reuse, change, or alteration by the CITY or others acting through or on behalf
of the CITY without written permission of the ENGINEER, which shall not be unreasonably
withheld and will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its
officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses,
and costs including, but not limited to, litigation expenses and attorney's fees arising out of or
related to such unauthorized reuse, change, or alteration, provided, however, that the ENGINEER
will not be indemnified for such claims, damages, losses, and costs including, without limitation,
litigation expenses and attorney fees where caused by the ENGINEER's own negligent acts or
omissions
8 2 The ENGINEER agrees that ownership of any plans, drawings, designs, specifications, computer
programs, technical reports, operating manuals, calculations, notes, and other WORK submitted
or which are specified to be delivered under this Agreement or which are developed or produced
and paid for under this Agreement, whether or not complete, shall be vested in the CITY
8 3 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter
"Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual
Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER
does not grant CITY any right or license to such Intellectual Property.
SECTION 9 AUDIT AND ACCESS TO RECORDS
9 1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and
other evidence directly pertinent to performance of the WORK under this Agreement in
accordance with generally accepted accounting principles and practices consistently applied
The CITY or the CITY'S duly authorized representative, shall have access to such books,
records, documents, and other evidence for inspection, audit, and copying for a period of three
years after completion of the PROJECT The CITY shall also have access to such books,
records, and documents during the performance of the PROJECT WORK, if deemed necessary
by the CITY, to verify the ENGINEER'S WORK and invoices
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.
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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 Prior to beginning WORK under this Agreement, the ENGINEER shall provide Certificates of
Insurance satisfactory to the CITY as evidence that policies providing the following coverage and
limits of insurance are in full force and effect. The CITY and the CITY'S officers, principals,
employees, representatives, and agents shall be designated as additional insureds on all such
policies except for professional liability and Worker's Compensation Such insurance shall be
primary to the extent covered as additional insureds and other insurance maintained or carried by
the CITY shall be separate and distinct and shall not be contributing with the insurance listed
hereunder
10.1.1 Commercial general liability insurance, including personal injury liability, blanket
contractual liability, and broad -form property damage liability coverage The combined
single limit for bodily injury and property damage shall not be less than two million
dollars ($2,000,000) per occurrence/aggregate
10 1.2 Automobile bodily injury and property damage liability insurance covering owned, non -
owned, rented, and hired cars The combined single limit for bodily injury and property
damage shall not be less than one million dollars ($1,000,000) per occurrence
10.1.3 Statutory workers' compensation and employer's liability insurance as required by state
law
10 1 4 Professional liability insurance The limit of professional liability insurance coverage
shall not be less than one million dollars ($1,000,000) for any one claim and policy
aggregate
Failure of either or all of the additional insureds to report a claim under such insurance
shall not prejudice the rights of the CITY, its officers, employees, agents, and
representatives thereunder The CITY and the CITY'S officers, principals, employees,
representatives, and agents shall have no obligation for payment of premiums because
of being named as additional 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 does not anticipate ENGINEER subcontracting with any additional persons or firms for the
purpose of completing this Agreement.
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114 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK
completed by subconsultants and subcontractors during the preceding month and copies of all
invoices thereto
SECTION 12 ASSIGNMENT
12.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This
Agreement may not be assigned by CITY or ENGINEER without prior written consent of the
other, which consent will not be unreasonably withheld It is expressly intended and agreed that
no third party beneficiaries are created by this Agreement, and that the rights and remedies
provided herein shall inure only to the benefit of the parties to this Agreement.
SECTION 13 INTEGRATION
13 1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with
respect to those matters covered herein. This Agreement may not be modified or altered except
in writing signed by both parties
SECTION 14 JURISDICTION AND VENUE
14 1 This Agreement shall be administered and interpreted under the laws of the State of Washington
Jurisdiction of litigation arising from this Agreement shall be in that state If any part of this
Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void
insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and
effect. Venue of all disputes shall be Yakima County, State of Washington.
SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION
15 1 During the performance of this Agreement, ENGINEER shall not discriminate in violation of any
applicable federal, state and/or local law or regulation on the basis of age, sex, race, creed,
religion, color, national origin, marital status, disability, honorably discharged veteran or military
status, pregnancy, sexual orientation, and any other classification protected under federal, state,
or local law. This provision shall include but not be limited to the following. employment,
upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other
forms of compensation, selection for training, and the provision of services under this Agreement.
ENGINEER agrees to comply with the applicable provisions of State and Federal Equal
Employment Opportunity and Nondiscrimination statutes and regulations
SECTION 16 SUSPENSION OF WORK
16 1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement
if unforeseen circumstances beyond CITY'S control are interfering with normal progress of the
WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under
this Agreement if unforeseen circumstances beyond ENGINEER's control are interfering with
normal progress of the WORK. ENGINEER may suspend WORK on PROJECT in the event
CITY does not pay invoices when due, except where otherwise provided by this Agreement. The
time for completion of the WORK shall be extended by the number of days WORK is suspended.
If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to
renegotiation, and both parties are granted the option to terminate WORK on the suspended
portion of Project in accordance with SECTION 17.
SECTION 17 TERMINATION OF WORK
17 1 Either party may terminate this Agreement, in whole or in part, if the other party materially
breaches its obligations under this Agreement and is in default through no fault of the terminating
party However, no such termination may be effected unless the other party is given. (1) not less
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than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested,
of intent to terminate, and (2) an opportunity for consultation and for cure with the terminating
party before termination Notice shall be considered issued within seventy-two (72) hours of
mailing by certified mail to the place of business of either party as set forth in this Agreement.
17 2 In addition to termination under subsection 17 1 of this Section, CITY may terminate this
Agreement for its convenience, in whole or in part, provided the ENGINEER is given. (1) not less
than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested,
of intent to terminate; and (2) an opportunity for consultation with CITY before termination.
17 3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price
pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated
profit on unperformed services or other WORK, and (2) any payment due to the ENGINEER at
the time of termination may be adjusted to the extent of any additional costs or damages CITY
has incurred, or is likely to incur, because of the ENGINEER'S breach In such event, CITY shall
consider the amount of WORK originally required which was satisfactorily completed to date of
termination, whether that WORK is in a form or of a type which is usable and suitable to CITY at
the date of termination and the cost to CITY of completing the WORK itself or of employing
another firm to complete it. Under no circumstances shall payments made under this provision
exceed the contract price. In the event of default, the ENGINEER agrees to pay CITY for any
and all damages, costs, and expenses whether directly, indirectly, or consequentially caused by
said default. This provision shall not preclude CITY from filing claims and/or commencing
litigation to secure compensation for damages incurred beyond that covered by contract
retainage or other withheld payments
17 4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience,
the adjustment pursuant to the Agreement shall include payment for services satisfactorily
performed to the date of termination, in addition to termination settlement costs the ENGINEER
reasonably incurs relating to commitments which had become firm before the termination, unless
CITY determines to assume said commitments.
17 5 Upon receipt of a termination notice under subsections 17 1 or 17.2 above, the ENGINEER shall
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to CITY all originals of data, drawings, specifications, calculations,
reports, estimates, summaries, and such other information, documents, and materials as the
ENGINEER or its subconsultants may have accumulated or prepared in performing this
Agreement, whether completed or in progress, with the ENGINEER retaining copies of the same
17 6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the
WORK to completion utilizing other qualified firms or individuals, provided, the ENGINEER shall
have no responsibility to prosecute further WORK thereon
17 7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined
that the ENGINEER has not so failed, the termination shall be deemed to have been effected for
the convenience of CITY In such event, the adjustment pursuant to the Agreement shall be
determined as set forth in subparagraph 17.4 of this Section.
17 8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the
ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its
obligations to complete performance under this Agreement without the concurrence and written
approval of CITY If CITY agrees to termination of this Agreement under this provision, payment
shall be made as set forth in subparagraph 17 3 of this Section
SECTION 18 DISPUTE RESOLUTION
18 1 In the event that any dispute shall arise as to the interpretation of this agreement, or in the event
of a notice of default as to whether such default does constitute a breach of the contract, and if
the parties hereto cannot mutually settle such differences, then the parties shall first pursue
Page 9
mediation as a means to resolve the dispute If the afore mentioned methods are either not
successful then any dispute relating to this Agreement shall be decided in the Yakima Superior
Court in accordance with the laws of Washington If both parties consent in writing, other
available means of dispute resolution may be implemented
SECTION 19 NOTICE
19 1 Any notice required to be given under the terms of this Agreement shall be directed to the party at
the address set forth below. Notice shall be considered issued and effective upon receipt thereof
by the addressee -party, or seventy-two (72) hours after mailing by certified mail to the place of
business set forth below, whichever is earlier
CITY. City of Yakima
2301 Fruitvale Boulevard
Yakima, WA 98902
Attn: Mr. David Brown, Water/Irrigation Manager
ENGINEER: HUIBREGTSE, LOUMAN ASSOCIATES, INC.
801 North 39th Avenue
Yakima, WA 98902
Attn Jeffrey T Louman, PE, President
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
Signature
Printed Name R.A. Zais, Jr.
Title City Manager
Date /0/q/C,
Attest�v, 7
Deborah MeerreT City Cle k Qp *'; ,t,.µ
City Contract No 2009-//q
Resolution No
Signat
Printed Name Jeffrey T. Louman, PE.
Title President
Date.
Page 10
10/9/c 9
STATE OF WASHINGTON
) ss
COUNTY OF YAKIMA )
I certify that I know or have satisfactory evidence that R.A. ZAIS, JR 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
11
/( o / 200 9
Seal or Stamp
rider4 1.(A7,/(,,c
(S. nature)
Title
/NOff /:'f - Z24LrR / iU TS
Printed Name
My commission expires 4:0-/G5":"7,0
Page 11
STATE OF WASHINGTON
COUNTY OF .i¢/c",77,4q
) ss
I certify that I know or have satisfactory evidence that JEFFREY T LOUMAN is the person who appeared
before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she
was authorized to execute the instrument, and acknowledged it as the President of Huibregtse, Louman
Assoc, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated O 1 3, D 9
Seal or Stamp
\‘,,,1%IIIIII///
Q�1hS/,��/,,''%
•.i '. ;
�on,,,,.tow° z= Printed Name �7 p
N;�Ja+u028.2p13 0= �� 0�0 e2Q
G •�� My commission expires 13
(Signature)
Title
5•L2 5Q ✓1 01, (5 ha. ✓1-e_
Page 12
EXHIBIT A
CITY OF YAKIMA EAST VIOLA WATERMAIN REPLACEMENT PROJECT (UNDER 1-82)
SCOPE OF WORK
During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection
with the following project:
City of Yakima - East Viola Watermain Replacement Project (Under 1-82)
This scope of work shall include the furnishing of all services, labor, materials, equipment, supplies, and
incidentals necessary to conduct and complete the work as indicated hereinafter, for the following
described domestic watermain improvement project.
New 12" diameter ductile iron watermain to be constructed under 1-82 by boring and installing
approximately 200 If of new 24" or 30" diameter casing pipe New watermain will be connected to
existing watermains in East Viola Avenue west of 1-82 with fittings and valves and will be
connected to the existing watermains in East Viola Avenue east of 1-82 with fittings and valves to
include all watermains serving the wastewater treatment plant. The existing 6" watermain under
1-82 will be cut off and abandoned
This scope of work is prepared and offered with the following understanding.
• CITY shall provide full information as to project requirements
• CITY shall assist the ENGINEER by placing at his disposal all available all available
information pertinent to the Project including previous reports, drawings, plats, surveys,
easements, utility records, and any other data relative to design and construction of the
Project.
• CITY shall provide all easements and rights-of-way necessary for the installation of the
new watermain outside of the right of way of 1-82
• CITY shall examine all studies, reports, sketches, estimates, specifications, drawings,
proposals, and other documents presented by the ENGINEER and render decisions in
writing pertaining thereto within a reasonable time so as not to delay the work of the
ENGINEER.
• CITY shall pay for all costs required to submit and obtain necessary permits for the
Project and incidentals thereto
• CITY shall make contact with and provide information to all affected property owners and
coordinate required meetings
• CITY shall obtain approval of all governmental authorities having jurisdiction over the
Project and such approvals and consents from such other individuals or bodies as may
be necessary for completion of the Project. ENGINEER shall assist the CITY in obtaining
approval and permits for crossing under 1-82, see Section 2 below
1. PROJECT MANAGEMENT
A. Project Management. The project manager will coordinate ENGINEER's design team to
ensure that the work is completed on schedule, is technically competent, and meets the
CITY's needs. The project manager will provide overall project management for
ENGINEER's work elements
B Project Meetings. Attend up to two (2) project meetings in Yakima with CITY Staff to
coordinate the design aspects of the project with the CITY
Page 13
2. DESIGN AND FINAL PLANS AND SPECIFICATIONS
A. Perform field investigations and field surveying necessary to design the project.
B Evaluate alternatives for location of the new 12" diameter watermain and tie-in to existing
watermains.
C Perform the preliminary design and present preliminary plans to the CITY prior to
detailing final Plans
D On the basis of approved preliminary plans, perform the final design and prepare
complete Plans and Specifications for bid call on the proposed work, as authorized by the
CITY
E Furnish the CITY thirty (30) copies of the final Plans and Specifications for bidding and
construction
F Contact the Washington State Department of Transportation (WSDOT) and obtain
requirements for authorization to cross 1-82 including technical data, design
requirements, permit/franchise applications, and fees. Assist the CITY in the preparation
of the required documents for construction of the watermain across 1-82 so that the CITY
may secure approval of the WSDOT and any such governmental authorities as have
jurisdiction over design criteria applicable to the Project. The WSDOT documentation
includes, but is not limited to.
• Application for Utility Permit or Franchise
• Utility Facility Description
• Variance Request / Justification Questionnaire
• Application for General Permit
G Answer and supply such information as is requested by prospective bidders
H Prepare and issue addenda, if necessary.
Prepare the Engineer's Estimate of construction cost.
J Attend bid opening and participate in the bid opening and evaluation process
K. Prepare tabulation of all bids received by the CITY and review bidder's qualifications
L. Make recommendation of construction contract award to the lowest responsible bidder
The following professional services work for this project (SERVICES DURING CONSTRUCTION) is
provided for information only at this time The scope and cost of SERVICES DURING CONSTRUCTION
professional services are intended to be negotiated and incorporated into this agreement by
supplement/addendum at a later date with the mutual agreement of CITY and ENGINEER.
3. SERVICES DURING CONSTRUCTION
A. Furnish the field survey crew necessary to set horizontal and vertical control for the
improvements authorized for construction
B. Furnish a qualified resident engineer who shall make construction observations and be
on the job at all times that significant work is in progress, whose duty shall be to provide
surveillance of project construction for substantial compliance with Plans and
Specifications.
Page 14
C Prepare progress reports on the Project and file same with the CITY and provide monthly
progress estimates to the CITY
D Consult and advise the CITY during construction and make a final report of the
completed work.
E. Monitor the construction contractor's compliance with State labor standards
F Review Contractor's submission of samples and shop drawings, where applicable
G Recommend progress payments for the construction contractor to the CITY
H Prepare and submit proposed contract change orders when applicable
Prepare and furnish reproducible record drawings of all completed work from as-built
drawings furnished by the CITY's construction contractor.
Page 15
EXHIBIT B
EAST VIOLA WATERMAIN REPLACEMENT PROJECT (UNDER 1-82)
Professional Fees Project Management and Design Services
Compensation for professional services will be on a time spent basis at the specific hourly rates shown on
Exhibit C, plus reimbursement for direct non -salary expenses
The following spreadsheet shows the estimated time and expenses to perform design engineering, plans,
specifications, and estimate for this work. The maximum amount of compensation to the ENGINEER for
this work will be $39,618 00. This maximum amount will not be exceeded without the written agreement
of the CITY and the ENGINEER.
PROJECT TITLE EAST VIOLA WATERMAIN REPLACEMENT PROJECT (UNDER 1-82)
CLIENT CITY OF YAKIMA
JOB NUMBER. 09 Huibregtse, Louman Associates, Inc.
DATE. August 19, 2009
ENGINEER'S HOURLY ESTIMATE
TASK
NO
PROJECT TASK
Licensed
Principal
Engineer
Licensed
Prof
Engineer
Principal
Land
Surveyor
Te hniDCian
2 -Man
Survey
Party
Word
Processing
Technician
TOTAL
HRS
TASK
DIRECT
COSTS
$148
$123
$136
$89
$161
$59
1
Orientation and research
4
6
0
0
0
0
10
1,330 00
2
Evaluate alternatives
4
8
0
0
0
0
12
1,576 00
3
Prepare plan base maps
2
4
8
12
24
0
50
6,808 00
4
Preliminary design and
details
8
32
4
40
0
8
92
9,696 00
5
Assist with WSDOT 1-82
Permit Information
24
32
4
8
0
4
72
8980 00
6
Final plans/specs
8
16
0
32
0
8
64
6,472.00
7
Bidding process
4-
8
0
4
0
2
18
2,050 00
8
Open and evaluate bids
2
4
0
0
0
2
8
906 00
Labor Subtotal
56
110
16
96
24
24
326
37,818 00
EXPENSES
hours
$/hr
Travel
Cost
Air
Ground
Days
Miles
Air Travel
$0 00
0 00
Mileage
$0 00
0 00
Meals/Lodging
$0 00
0 00
Misc. expenses.
Advertisement
800 00
Telephone
0 00
Postage
0 00
Outside Printing
1,000 00
Page 16
PROJECT TITLE EAST VIOLA WATERMAIN REPLACEMENT PROJECT (UNDER 1-82)
CLIENT CITY OF YAKIMA
Sub -Consultants
1 None Anticipated
x 1 1
0 00
Subtotal - Labor
37,818.00
Subtotal — Expenses
$1,800 00
Subtotal — Subconsultants
0 00
Total - DESIGN AND FINAL PLANS AND SPECIFICATIONS
$39,618 00
Page 17
EXHIBIT C
Schedule of Hourly Billing Rates
Effective January 1, 2009, through December 31, 2009
Licensed Principal Engineer $148.00 per hour
Licensed Principal Land Surveyor $136 00 per hour
Licensed Professional Engineer $123.00 per hour
Licensed Professional Land Surveyor $112.00 per hour
Project Engineer $101.00 per hour
CAD Technician $89 00 per hour
Resident Engineer/Inspector $84 00 per hour
Surveyor $84.00 per hour
Senior Engineering Technician $84.00 per hour
Engineering Technician $59.00 per hour
Word Processing Technician $59.00 per hour
Surveyor on Two Man Crew $80 50 per hour
Surveyor on Three Man Crew $70.00 per hour
Vehicle Mileage $0 40 per mile
Global Positioning Survey System Fee $78.00 per hour
Page 18
EXHIBIT C
Schedule of Hourly Billing Rates
Effective January 1, 2010, through December 31, 2010
Licensed Principal Engineer $154.00 per hour
Licensed Principal Land Surveyor $142.00 per hour
Licensed Professional Engineer $128.00 per hour
Licensed Professional Land Surveyor $116 00 per hour
Project Engineer $105.00 per hour
CAD Technician $92.00 per hour
Resident Engineer/Inspector $87.00 per hour
Surveyor $87.00 per hour
Senior Engineering Technician $87 00 per hour
Engineering Technician $61 00 per hour
Word Processing Technician $61 00 per hour
Surveyor on Two Man Crew $83.50 per hour
Surveyor on Three Man Crew $72.67 per hour
Vehicle Mileage $0.45 per mile
Global Positioning Survey System Fee $80 00 per hour
Page 19
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. lLI-
For Meeting of October 6, 2009
Consideration of a Resolution authorizing execution of an engineering and
consulting services agreement with Huibregtse, Louman Associates, Inc. for the
design and preparation bid documents for the East Viola Water Main
Replacement Project
SUBMITTED BY: Dave Brown, Water/Irrigation Manager
Dave Zabell, Assistant City Manager
CONTACT PERSON/TELEPHONE: Dave Brown / 575-6204
SUMMARY EXPLANATION:
The existing six (6) inch diameter cast iron water main crossing under 1-82 at E. Viola is undersized
and has reached the end of its useful life. It is recommended in the Water System Plan that the main
be replaced with a twelve (12) inch diameter class 52 ductile iron pipe.
The project would include obtaining a modified franchise agreement with the Washington Department
illpf Transportation for the undercrossing at 1-82.
Once constructed, the new water main will provide a reliable and adequate source of water for fire
flow and future needs for areas east of 1-82 within the City's service area.
Design cost not to exceed
$39,618.00
Resolution X Ordinance Contract X . Other Specify)
Mail to: Mike Battle; HLA; 801 N. 39th Ave..; Yakima, WA 98902 Phone: 509-966-7000
Funding Source. 477 Water 1 rovement Fund
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve the resolution authorizing the City Manager to execute the
accompanying contract for the design and production of construction documents by Huibregtse,
Louman Associates,. Inc. of Yakima, Washington for the East Viola Watermain Replacement Project;
for the City Manager to execute all other documents related to the design, contract administration and
construction for the East Viola Watermain Replacement Project.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: