HomeMy WebLinkAbout04/06/2010 13 Irrigation System Replacement, Phase 4, Consulting Services Agreement with Huibregtse, Louman Associatest
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. ) 13
For Meeting of April 6, 2010
ITEM TITLE: Consideration of a Resolution authorizing execution of an agreement with
Huibregtse, Louman Associates for engineering and consulting services related
to Phase 4 of the Irrigation System Replacement / Rebuilding Project
SUBMITTED BY: Dave Brown, Water/Irrigation Manager
Dave Zabell, Assistant City Manager
CONTACT PERSON/TELEPHONE: Dave Brown / 575-6204
SUMMARY EXPLANATION:
In July of 2003, Council chose to rebuild / refurbish the Irrigation Systems, with the General -308
System as one of the highest priority projects, along with the necessary rate increases to fund the
projects. In October 2003, Council approved a Revenue Bond Ordinance and the first revenue bond
was obtained to finance the rebuilding of the Irrigation Systems. In the winter of 2006-2007, Phase 2
of the rebuild /.replacement was completed. Phase 3 of this project will be completed this month and
Phase 4, the final large phase, is ready to begin.
Staff respectfully requests City Council to approve the attached resolution authorizing the City
Manager to execute all documents related to the design, contract administration and construction for
Phase 4 of the Irrigation System rebuild/refurbishment. Contracts will require design Engineers to
develop a design, produce construction documents and perform contract administration. Contracts
will also be for the construction of the replacement / rebuilding of the Irrigation Systems. Financial
support for this contract will be from appropriations approved by Council in the 479 Irrigation CIP
Fund, using proceeds from a revenue bond and transfers from rates collected for the rebuilding /
refurbishment of the Irrigation Systems. The first contract will be with Huibregtse, Louman
Associates for the design and contract administration for Phase 4/Stages 1-3 of the General -308
project.
Resolution X Ordinance Other (Specify)
Contract X Mail to (name and address): Mike Battle, Huibreqtse, Louman Associates,
801 No. 39th Ave., Yakima, WA 98902 Phone: 509-966-7000
Funding Source: 479 Irrigation CIP Fund and Bond Proceeds
APPROVED FOR SUBMITTAL: ��Z', City Manager
STAFF RECOMMENDATION: Approve resolution authorizing the City Manager to execute the
accompanying contract for the General -308 Phase4/Stages 1-3 design and subsequent
contracts for the production of construction documents and contact administration by
Huibregtse, Louman Associates, of Yakima, Washington; for the City Manager to execute all
other documents related to the design, contract administration and construction for Phase 4 of
the Irrigation System rebuild/refurbishment.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
•
•.
RESOLUTION NO. R -2010-
A RESOLUTION authorizing the City Manager to execute the attached and incorporated
engineering and consulting services agreement with Huibregtse, Louman
Associates for engineering and consulting services associated with the
design of improvements to the City of Yakima irrigation systems; also
authorizing the execution of other documents related to the design,
contract administration and construction associated with completion of
Phase 4 of the Irrigation System rebuild/refurbishment.
WHEREAS, the City of Yakima Water/Irrigation Division . requires engineering,
consulting services and construction associated with Phase 4 of the Irrigation System
rebuild/refurbishment of the City of Yakima irrigation systems ; and
WHEREAS, the City of Yakima Water/Irrigation Division representatives have complied
with the provisions of RCW 39.80 which concerns the procurement of engineering and
architectural services by a city; and
WHEREAS, the City of Yakima Water/Irrigation Division representatives will continue to
comply with the provisions of RCW 39.80 which concerns the procurement of engineering and
architectural services by a city for future engineering and architectural services; and
WHEREAS, Huibregtse, Louman Associates has the necessary expertise and
experience to perform and provide the required engineering and surveying services and is
willing to do so in accordance with the attached agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City to enter into
an agreement with Huibregtse, Louman Associates forengineering and consulting services
associated with the design of improvements to the City of Yakima irrigation systems; 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 Phase 4 of the Irrigation System rebuild/refurbishment
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 Huibregtse, Louman
Associates for engineering and consulting services associated with the design of improvements
to the City of Yakima irrigation systems; together with all other documents related to the design,
contract administration and construction associated with Phase 4 of the Irrigation System
rebuild/refurbishment project.
ADOPTED BY THE CITY COUNCIL this 6"' day of April 2010.
ATTEST:
•
Micah Cawley, Mayor
City Clerk
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of , 2010, by and
between the City of Yakima,. Washington, a municipal corporation with principal offices at 129 North
Second Street, Yakima, WA 98901, hereinafter referred to . as "CITY", and Huibregtse, Louman
Associates, Inc. with an office at 801 N. 39th Avenue, Yakima WA 98902, and which corporation and its
principal engineers performing this Agreement are licensed and registered to do business in the State of
Washington, hereinafter referred to as "ENGINEER," for PHASE 4 — 308 IRRIGATION PIPELINE
REPLACEMENT PROJECT (approximately 22,200 linear feet of pipeline replacement) 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 City of
Yakima — Phase 4 — 308IRRIGATION PIPELINE REPLACEMENT PROJECT (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."
Page 1
2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or
time required for, performance of any services under this Agreement, a contract price
and/or completion time adjustment pursuant to this Agreement shall be made 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 Representativeany 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 definedJn Exhibit A, or as amended.
Page 2
•
•
•
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.
5.1.1 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those costs
incurred on or directly for the PROJECT including, but not limited to, necessary
transportation costs, including current rates for ENGINEER'S vehicles; meals and
lodging; laboratory tests and analyses; printing, binding and reproduction charges; all
costs associated with other outside nonprofessional services and facilities; special CITY -
requested and. PROJECT -related insurance and performance warranty costs; and other
similar costs. Reimbursement for Direct Non -Salary Expenses will be on the basis of
actual charges plus fifteen percent (15%) and on the basis of current rates when
furnished by ENGINEER. Estimated Direct Non -Salary Expenses are shown in Exhibit B.
5.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the ENGINEER and each of the
Subconsultants in connection with PROJECT WORK; provided, as follows:
• That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents
per mile will be paid for the operation, maintenance, and depreciation
costs of company or individually owned vehicles for that portion of time
they are used for PROJECT WORK. ENGINEER, .whenever possible,
will use the least expensive form of ground transportation.
• That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per 'person. This rate may be
adjusted on a yearly basis.
• That accommodation shall be at a reasonably priced hotel/motel.
• That air -travel shall be by coach class, and shall be used only when
absolutely necessary.
5.1.2 Telephone charges, computer charges, in-house reproduction charges, first class
postage, and FAX charges are not included in the direct expense costs, but are
considered included in the Schedule of Specific Hourly Billing Rates.
5.1.3 Professional Subconsultants..Professional Subconsultants are those costs for
engineering, architecture, getechnical 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 the amount, set forth in Exhibit B. 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 effortcan 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 notcovered by previously submitted invoices. The ENGINEER shall
Page 3
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 items) 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
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.
Page 4
•
•
•
•
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
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.
(d) 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. 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
Page 5
the ENGINEER, to the extent that ENGINEER has exercised the applicable standard of
professional care and judgment in such investigations.
SECTION 7 PROJECT SCHEDULE AND BUDGET
7.1 The general PROJECT schedule and the budget for 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 agenciesand/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 attorneys 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.
Page 6
•
•
•
9.2 Audits conducted pursuant,to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
9.3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the ENGINEER is afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any supporting documentation
on the pertinent portions of the draft audit report and that the final audit report will include written
comments, if any, of the ENGINEER.
9.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the Project.
9.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY.
SECTION 10 INSURANCE
10.1 At all times during performance of the Services, ENGINEER. shall secure and maintain in effect
insurance to protect the City and ENGINEER from and against all claims, damages, losses, and
expenses arising out of or resulting from the performance of this Contract. ENGINEER shall
provide and maintain in force insurance in limits no less than that stated below, as applicable.
The City reserves the right to require higher limits should it deem it necessary in the best interest
of the public.
10.1.1 Commercial General Liability Insurance. Before this Contract is fully executed by the
parties, ENGINEER shall provide the City with a certificate of insurance as proof of
commercial liability insurance and commercial umbrella liability insurance with a total
minimumliability limit of Two Million Dollars ($2,000,000.00) per occurrence combined
single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00)
general aggregate. The certificate shall clearly state who the provider is, the coverage
amount, the policy number, and when the policy and provisions provided are in effect.
• Said policy shall be in effect for the duration of this Contract. The policy shall name the
City, its elected officials, officers; agents, employees, and volunteers as additional
insureds, and shall contain a clause that the insurer will not cancel or change the
insurance without first giving the City thirty (30) calendar days prior written notice (any
language in the clause to the effect of "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company" shall be crossed out and initialed by
the insurance agent). The insurance shall be with an insurance company or companies
rated A -VII or higher in Best's Guide and admitted in the State of Washington.
10.1.2. Commercial Automobile Liability Insurance
a. If ENGINEER owns any vehicles, before this Contract is fully executed by the
parties, OIC shall provide the City with a certificate of insurance as proof of commercial
automobile liability insurance and commercial umbrella liability insurance with a total
minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined
single limit bodily injury and property damage. Automobile liability will apply to "Any Auto"
and be shown on the certificate.
b. 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 Contract, which is Section
12.2 entitled "Commercial Liability Insurance".
c. Under either situation described above in Section 3.a and Section 13.b, the
required certificate of insurance shall clearly state who the provider is, the coverage
amount, the policy number, and when the policy and provisions provided are in effect.
Said policy shall be in effect for the duration of this Contract. The policy shall name the
City, its elected officials, officers, agents, employees, and volunteers and additional
Page 7
insureds, and shall contain a clause that the insurer will not cancel or change the
insurance without first giving the City thirty (30) calendar days prior written notice (any
language in the clause to the effect of "but failure to mail such notice shall impose no
obligation or liability of any kind upon the company" shall be crossed out and initialed by
the insurance agent). The insurance shall be with an insurance company or companies
rated A -VII or higher in Best's Guide and admitted in the State of Washington.
10.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
10.1.4. Professional Liability Coverage. Before this Contract is fully executed by the parties,
ENGINEER shall provide the City with a certificate of insurance as proof of professional
liability coverage with a total minimum liability limit of Two Million Dollars ($2,000,000.00)
per claim combined single limit bodily injury and property damage, and Two Million
Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the provider is,
the coverage amount, the policy number, and when the policy and provisions provided
are in effect. Said policy shall be in effect for the duration of this Contract. The policy
shall contain a clause that the insurer will not cancel or change the insurance without first
giving the City thirty (30) calendar days prior written notice (any language in the clause to
the effect of "but failure to mail such notice shall impose no obligation or liability of any
kind upon the company" shall be crossed out and initialed by the insurance agent). The
insurance shall be with an insurance company or companies rated A -VII or higher in
Best's Guide. If the policy is written on a claims made basis the coverage will continue in
force for an additional two years after the completion of this contract.
Failure of either or all of the additional insureds to report a claim under such insurance
shall not prejudice the rights of the CITY, its officers, employees, agents, and
representatives thereunder. The CITY and the CITY'S officers, principals, employees,
representatives, and agents shall have no obligation for payment of premiums because of
being named as additional insured under such insurance. None of the policies issued
pursuant to the requirements contained herein shall be canceled, allowed to expire, or
changed in any manner that affects the rights of the City until thirty (30) days after written
notice to the CITY of such intended cancellation, expiration or change.
SECTION 11 SUBCONTRACTS
11.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract
any portion of the WORK to be performed under this Agreement.
11.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any
substitutions thereof, will be subject to prior approval by CITY, which approval shall not be
unreasonably withheld. Each subcontract shall be subject to review by the CITY'S
Representative, if requested, prior to the subconsultant or subcontractor proceeding with the
WORK. Such review shall not constitute an approval as to the legal form or content of such
subcontract. The ENGINEER shall be- responsible for the architectural and engineering
performance, acts, and omissions of all persons and firms performing subcontract WORK.
11.3 CITY does not anticipate ENGINEER subcontracting with any additional persons or firms for the
purpose of completing this Agreement.
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
Page 8
•
•
•
no third party beneficiaries are created by this Agreement, and that the rights and remedies
provided herein shall inure only to the benefit of the parties to this Agreement.
SECTION 13 INTEGRATION
13.1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with
respect to those matters covered herein. This Agreement may not be modified or altered except
in writing signed by both parties.
SECTION 14 JURISDICTION AND VENUE
14.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in that state. If any part of this
Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void
insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and
effect. Venue of all disputes shall be Yakima County, State of Washington.
SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION
15.1 During the performance of this Agreement, ENGINEER shall not discriminate in violation of any
applicable federal, state and/or local law or regulation on the basis of age, sex, race, creed,
religion, color, national origin, marital status, disability, honorably discharged veteran or military
status, pregnancy, sexual orientation, and any other classification protected under federal, state,
or local law. This provision shall include but not be'limited to the following: employment,
upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other
forms of compensation, selection for training, and the provision of services under this Agreement.
ENGINEER agrees to comply with the applicable provisions of State and Federal Equal
Employment Opportunity and Nondiscrimination statutes and regulations.
SECTION 16 SUSPENSION OF WORK
16.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement
if unforeseen circumstances beyond CITY'S control are interfering with normal. progress of the
WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under
this Agreement if unforeseen circumstances beyond ENGINEER's control are interfering with
normal progress of the WORK. ENGINEER may suspend WORK on PROJECT in the event
CITY does not pay invoices when due, except where otherwise provided by this Agreement. The
time for completion of the WORK shall be extended by the number of days WORK is suspended.
If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to
renegotiation, and both parties are granted the option to terminate WORK on the suspended
portion of Project in accordance with SECTION 17.
SECTION 17 TERMINATION OF WORK
17.1 Either party may terminate this Agreement, in whole or in part, if the other party materially
breaches its obligations under this Agreement and is in default through no fault of the terminating
party. However, no such termination may be effected unless the other party is given: (1) not less
than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested,
of intent to terminate; and (2) an opportunity for consultation and for cure with the terminating
partybefore 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.
Page 9
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 theextent 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
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.
Page 10
•
•
•
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:
Attest
Deborah Kloster, City Clerk
City Contract No. 2010 -
Resolution No. R -2010 -
Page 11
Signature
Printed Name:
Title: President
Date:
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:
Seal or Stamp
(Signature)
Title.
Printed Name
My commission expires:
Page 12
•
STATE OF WASHINGTON
COUNTY OF
) ss.
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:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
Page 13
EXHIBIT A
CITY OF YAKIMA
PHASE 4 - 308 IRRIGATION PIPELINE REPLACEMENT PROJECT,
CITY PROJECT NO. IR2180
SCOPE OF WORK
During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection
with the following project:
City of Yakima - Phase 4 — 308 Irrigation Pipeline Replacement Project
This scope of work shall include the furnishing of all services, labor, materials, equipment, supplies, and
incidentals necessary to conduct and complete the work as indicated hereinafter. The work to be
performed involves design engineering, preparation of plans, specifications, and estimates for irrigation
system improvement areas as shown on Exhibit D. It is anticipated up to three (3) separate contract
documents may be prepared for work under this agreement, with all design services completed by
December 31, 2012.
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 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
replacement/installation of these irrigation pipelines.
• 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 advertise for meetings and pay for all costs incident 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.
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.
2. DESIGN AND FINAL PLANS AND SPECIFICATIONS
A. Perform field investigations and field surveying necessary to design the project.
B. Evaluate alternatives for replacement of the identified irrigation pipelines.
Page 14
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. It is anticipated that only plan view and details will be prepared and no vertical
views or profiles are included.
Furnish the CITY thirty (30) copies of the final Plans and Specifications for bidding and
construction for each stage of work. It is anticipated two (2) sets of contract documents
will be prepared to accommodate two (2) stages of construction work.
F. Furnish to the CITY engineering data for and assist in the preparation of the required
documents so that the CITY may secure approval of such governmental authorities as
have jurisdiction over design criteria applicable to the Project.
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.
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.
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
PHASE 4 — GENERAL 308 IRRIGATION PIPELINE REPLACEMENT PROJECT
CITY PROJECT NO. IR2180
Professional Fees
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 One Hundred Sixty -Eight Thousand Five Hundred Thirty -Two Dollars ($168,532).
This maximum amount will not be exceeded without the written agreement of the CITY and the ENGINEER.
Project Title: Phase 4 - General 308 Irrigation Pipeline Replacement
Client: City of Yakima
Job Number: 1 Oxxx
Date: 29 -Mar -10
ENGINEER'S HOURLY ESTIMATE
Task
No.
Project Task
Licensed
Principal
Engineer
Project
Engineer
Principal
Land
Surveyor
CAD
Technician
2 -Man
Survey
Party
Word
Processing
Technician
$1 54
$105
$142
$92
$1 67
$61
Total Hours
Task Direct
Costs
1
PROJECT MANAGEMENT
A
Project Management
40
64
0
0
0
8
112
$13,368
B
Project Meetings
8
. 12
0
8
0
4
32
$3,472
2
DESIGN AND FINAL PLANS, SPECIFICATIONS & ESTIMATE
A
Field investigations and field surveying
8
32
24
48
256
0
368
$55,168
B
Perform the preliminary design
48
144
8
160
16
6
382
$41,406
C
In-house project review, quality control
6
8
4
4
0
4
26
$2,944
D
Incorporate Agency review comments
6
16
0
40
0
4
66
$6,526
E
Final design, Plans, and Specifications
16
64
4
128
4
6
222
$22,562
F
Furnish copies of Plans and Specifications
4
6
0
0
0
4
14
$1,490
G
Furnish engineering data for approvals
4
6
0
0
0
4
14
$1,490
H Answer bidders questions
4
8
0
0
0
0
12
$1,456
1 Prepare and issue addenda
4
8
0
8
.0
4
24
$2,436
J Prepare Estimate of construction cost
8
16
0
12
0
2
38
$4,138
K Attend bid opening
6
6
0
0
0
0
12
$1,554
L Prepare tabulation of bids
6.
8
0
0
0
6
20
$2,130
M Make recommendation of contract award
4
6
0
0
0
4
14
$1,490
Labor Subtotal
172
404
40
408
276
56
1356
$161,632
EXPENSES:
Travel:
Cost
$/hr
Ground
Days
Miles
Mileage
$0.45
0
$0.00
Meals/Lodging
$0.00
Misc. Expenses:
Advertisement (up to three contract plan sets)
$4,500.00
Telephone
Postage
Outside Printing (up to three contract plan sets)
$2,400.00
Sub -Consultants:
None Anticipated
$0.00
Mark-up
1.1
$0.00
Subtotal - Labor
$161,632.00
Subtotal- Expenses
Subtotal- Subconsultants
$6,900.00
$0.00
Total - DESIGN AND FINAL PLANS & SPECIFICATIONS
$168,532.00
Page 16
•
EXHIBIT "C"
SCHEDULE OF RATES
FOR
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
(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.Q0 per hour
Surveyor $87.00 per hour
Senior Engineering Technician $87.00 per hour
Engineering Technician $61.00 per t1otr
Word Processing Technician $61.00 per hour
Surveyor on Two Man Survey Party $83.50 per hour
Surveyor on Three Man Survey Party $72.67 per hour
Vehicle Mileage $0145 per mile
Global Positioning Survey System Fee $80.00 per hour
Page 17
•
GENERAL 308 IRRIGATION
SYSTEM IMPROVEMENTS
PHASE 4
•
•
EXHIBIT "C"
SCHEDULE OF RATES
FOR
HUIBREGTSE, LOUMAN ASSOCIATES, INC..
(January 1, 2011, Through December 31, 2011)
Licensed Principal Engineer $159.00 per hour
Licensed Principal Land Surveyor $147.00 per hour
Licensed Professional Engineer $132.00 per hour
Licensed Professional Land Surveyor $120.00 per hour
Project Engineer $109.00 per hour
CAD Technician $95.00 per hour
Resident Engineer/Inspector $90.00 per hour
Surveyor $90.00 per hour
Senior Engineering Technician $90.00 per hour
Engineering Technician $63.Q0 per hour
Word Processing Technician $63.0Q per hour
Two Man Survey Party $173.00 per hour
Three Man Survey Party $226,QQ per hour
Vehjple Mileage $0.48 per mile
Global Positioning Survey System Fee $83.00 per hour
Page 18
EXHIBIT "C"
SCHEDULE OF RATES
FOR
HUIBREGTSE, LOUMAN ASSOCIATES, INC.
(January 1, 2012, Through December31, 2012)
Licensed Principal Engineer $165.00 per hour
Licensed Principal Land Surveyor $151.00 per hour
Licensed Professional Engineer $136.00 per hour
Licensed Professional Land Surveyor $124.00 per hour
Project Engineer $112.00 per hour
CAD Technician $98.00 per hour
Resident Engineer/Inspector $93.00 per hour
Surveyor $93.00 per hour
Senior Engineering Technician $93.00 per hour
Engineering Technician $65.00 per hour
Word Processing Technician $65.00 per hour
Two Man Survey Party $178.00 per hour
Three Man Survey Party $233.00 per hour
Vehicle Mileage $0.50 per mile
Global Positioning Survey System Fee $85.00 per hour
Page 19