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HomeMy WebLinkAboutHLA Engineering and Land Surveying, Inc. - Providing engineering services for constructionFor City of Yakima Use Only: Contract No. 2024- -©w2 Project No. Al2.27 a Resolution No. ► I SOQ No. AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND HLA ENGINEERING AND LAND SURVEYING, INC. (HLA) FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this t , day of , 2026, by and between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North Second Street, Yakima,, WA 98901, (hereinafter referred to as "CITY"), and HLA Engineering and Land Surveying, Inc. with its principal office at 2803 River Road, Yakima, WA 98902, (hereinafter referred to as "ENGINEER"); said corporation being licensed and registered to do business in the State of Washington, and will provide engineering services under this Agreement for the WENDY BAKER SHARED -USE PATH project on behalf of the City of Yakima's Projects, herein referred to as the "PROJECT." WITNESSETH: RECITALS WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and construction of the PROJECT, as described in this Agreement and subsequent Amendments thereto; and WHEREAS. ENGINEER represents that it has available and offers to provide personnel with knowledge and experience necessary to satisfactorily accomplish the work within the required time and that it has no conflicts of interest prohibited by law from entering into this Agreement; NOW, THEREFORE, CITY and ENGINEER agree as follows: SECTION 1 INCORPORATION OF RECITALS 1,1 The above recitals are incorporated into these operative provisions of the Agreement. SECTION 2 SCOPE OF SERVICES 2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in writing by both parties, duties of ENGINEER shall not be construed to exceed those services specifically set forth herein. 2,01,2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign, Michael R, Heit, PE as Principal -in -Charge throughout the term of this Agreement unless other personnel are approved by the CITY. 2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled "Scope of Services" (WORK) which is attached hereto and made a part of this Agreement as if fully set forth herein. 2.2 Additional Services; CITY and ENGINEER agree that not all WORK to be performed by ENGINEER can be defined in detail at the time this Agreement is executed, and that additional WORK related to the Project and not covered in Exhibit A may be needed during performance of this Agreement, CITY may, at any time, by written order, direct the ENGINEER to revise portions of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the PROJECT, or request that the ENGINEER perform additional 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 Page 1 and/or completion time adjustment pursuant to this Agreement shall bmmade and this Agreement shall be modified in writing and accepted by the parties hereto. 2.2.2 Compensation for each such request for Additional Services shall benegotiated by the CITY and the ENGINEER according to the provisions set forth in Exhibit B, attached hereto and incorporated herein bvthis reference, and ifaoauthorized, shall beconsidered part of the PROJECT WORK. The ENGINEER shall not perform any Additional Services until om authorized bvCITY and agreed bobythe ENGINEER inwriting. 2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30days from the date ofthe ENG|NEER'areceipt mythe written notification ofchange. SECTION 3 TERM 3.1 The term qfthis AGREEMENT shall bmDecember 31.2O27. SECTION 4 C87YS RESPONSIBILITIES 4.1 CITY -FURNISHED DATA: The CITY will hnthe ENGINEER all technical data inthe CDY^S possession relating to the ENGINEER'S services qnthe PROJECT including information on any pre-existing conditions known iothe CITY that constitute hazardous waste contamination onthe PROJECT site modetermined byanauthorized regulatory agency. 4.2 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. 4.3 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 odviooro, and other consultants as CITY deems appropriate; and render in writing decisions required of CITY in o Unnek/ manner. Such examinations and daciaiono, hoxvever, ohmU not relieve the ENGINEER of any contractual obligations nor of its duty to render professional services meeting the standards of care applicable toits profession. 4.4 CITY mhoU appoint a CITYS Representative with respect to WORK to be performed under this Agreement. C|TY'S Representative shall have complete authority to transmit instructions and receive information. ENGINEER shall beentitled horeasonably rely onsuch instructions made bv thaC|TY'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, |noomp|mte, or inaccurate based upon the ENGINEER'S knowledge. 4.5 Any documents, services, and reports provided by the CITY to the ENGINEER are available solely as additional information tpthe ENGINEER and will not relieve the ENGINEER ofits professional duties and obligations under this Agreement o,ot law. The ENGINEER mhoU 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 oama in using and reviewing such documents, services, and reports and drawing conclusions from them. SECTION 6 AUTHORIZATION, PROGRESS, AND COMPLETION 5.1 In signingthisAonaement, 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 6 COMPENSATION 6.1 COMPENSATION ONATIME SPENT BASIS ATSPECIFIC HOURLY RATES: For the services described in Exhibit A, compensation shall utilize current contractor hourly rates. Estimated rates identified in Exhibit C - Schedule of 5oecific Hourly Rates, attached hereto and incorporated herein by this reference, on a time spent basis plus reimbursement for direct non -salary expenses. Page 2 6.1.1 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 a reasonable markup, not to exceed ten percent (10%), and on the basis of current rates when furnished by ENGINEER. Estimated Direct Non -Salary Expenses are shown in Exhibit B. 6.1.1,1 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. 6.1.2 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. 6.1,3 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 actual costs billed plus a reasonable markup, not to exceed ten percent (10%) for services provided to the CITY through this Agreement. Estimated Subconsultant costs are shown in Exhibit B. 6.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT shall not exceed one hundred sixty thousand dollars ($160,000.00) The ENGINEER shall make all 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. 6.3 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 and details determined necessary by the City to substantiate the costs incurred. CITY will use its best efforts to pay such invoices within thirty (30) days of receipt and upon approval of the WORK done and amount billed. CITY will notify the ENGINEER promptly if any problems are noted with the invoice. CITY may question any item in an invoice, noting to ENGINEER the questionable item(s) and withholding payment for such Page 3 item(s). The ENGINEER may resubmit such item(s) in a subsequent invoice together with additional supporting information requested. 6.4 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 (61st) 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). 6.5 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 CITY's written acceptance and after such audit or verification as CITY may deem necessary, together with ENGINEER's execution and delivery 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. 6.6 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 7 RESPONSIBILITY OF ENGINEER 7.1 The ENGINEER shall be responsible for the professional quality, technical adequacy and accuracy, timely completion, and the coordination of all plans, designs, 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. 7.2 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. 7.3 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 shall 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's employees, agents, and representatives, including subconsultants and subcontractors, and shall save and hold CITY harmless therefrom. 7.4 INDEMNIFICATION AND HOLD HARMLESS: a. ENGINEER shall take all necessary precautions in performing the WORK to prevent injury to persons or property. The ENGINEER agrees to release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the ENGINEER, or any of ENGINEER's agent(s) or subcontractor(s), in performance of this Agreement, except for claims caused by the City's sole negligence. Page 4 t. Industrial Insurance Act Waiver. It is specifically and expressly understood that the ENGINEER waives any immunity that may be granted to it under the Washington State industrial insurance act, TlUm 51 RCVK solely for the purposes of this indemnification. ENGINEER's indemnification shall not be limited in any way by any limitation on the amount of damages. compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. ENGINEER shall require that its muboontsxchorm, and anyone directly or indirectly employed or hired by ENG|NEER, and anyone for whose ootm ENGINEER may be liable in connection with its performance of this Aonammont, comply with the terms of this ponogroph, vvoiVe any immunity granted under Title 51 RCW, and assume all potential liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. c. Should a court of competent jurisdiction determine that this Agreement is subject to RCVV 4.24.115, thmn, in the event ofliability for damages arising out ofbodily injury to persons or damages boproperty caused bvorresulting from the concurrent negligence ofthe ENGINEER and the City, the ENG|NGER'o |iabi|ib/, including the duty and cost bodefend, mho|| be only to the extent ofthe ENG|NEER'onegligence. d. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right ofindemnification inany third party. m. The terms ofthis Section shall survive any expiration ortermination ofthis Agreement. 7.5 |nany and all claims by an employee ofthe ENGINEER, any subcontractor, anyone directly or indirectly emn, or anyone for whose acts any of them may be |iab|e, the indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or types of damages, oonnpenaaUon, or benefits payable by orfor the ENGINEER or a su bcontractor u nder workers' or workmens' compensation acts, d isability 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. 7.6 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 specificationsand does not constitute any form of guarantee or insurance with respect to the performance of contractor. ENGINEER does not assume responsibility for methods or appliances used by m contrmotor, fora contractors safety programs or mna{hmdm, orfor contractors' compliance with |ovvs and regulations. CITY oMaU use its best efforts to ensure that the construction contract naquinao that the contractor(s) indemnify and name CITY, the C|TY'o and the ENG|NEER'o oMicero, phnoipo|m, enmp|oyaea, agenho, pepnemantativmm, and engineers as additional insureds on contractor's insurance policies covering PROJECT, mxo|un|va of insurance for ENGINEER professional liability. 7.7 ENGINEER shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not Unibod to fodane| income tmx. F|CA, social security tax, assessments for unemployment and industrial injury insurance, and other deductions from income which may be required by |mvv or assessed against either party as a naau|t of this AuneanlenL In the event the City imassessed mtax orassessment eoaresult of this Agreement, ENGINEER shall pay the same before itbecomes due. 7.8 SUBSURFACE INVESTIGATIONS: In soils, YoundoUon, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample inbanoa|o and at |ooeUonm other than where obsenxaUpn, exo|ormUon, and investigations have been made. Because of the inherent uncertainties in subsurface mva|usdionm, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and noetloxeouUon effects are not the responsibility of the ENGINEER, bothe extent that ENGINEER has exercised the applicable and appropriate standard of professional care, thoroughness and judgment in performing such investigations. SECTION 8 PROJECT SCHEDULE AND BUDGET 8.1 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 attached Exhibits. 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 or avoided. 8.2 Not later than the tenth (101h) 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 CITY's request for presentation to other governmental agencies and/or to the public. SECTION 9 REUSE OF DOCUMENTS 9.1 All internal WORK products of the ENGINEER are instruments or services 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 if they were caused by the ENGINEER's own negligent acts or omissions. 9.2 The ENGINEER agrees that any and all 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 owned by and vested in the CITY. 9.3 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 10 AUDIT AND ACCESS TO RECORDS 10.1 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. 10.2 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. Page 6 10i3 The ENGINEER agrees to the disclosure of all information and reports resulting from onoomm 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 ENGINEER's written comments, |fany. 10.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for WORK on the Project, 10.5 Any charges of the ENGINEER paid by the CITY which are found bysmaudit tobeinadequately substantiated shall be reimbursed to the CITY. SECTION 11 INSURANCE 111 Aiall times during ofthe WORK or obligations under this Agreement, ENGINEER shall secure and maintain in effect insurance to protect the CITY and the ENGINEER from and against all claims, damages, losses, and expenses arising out of or resulting from the performance ofthis Agreement. ENGINEER shall provide and maintain inforce insurance inlimits noless than those stated be|ovv, as applicable. The CITY ramarvma the right to require higher |inn|ba should it deem itnecessary inthe best interest ofthe public. |fENGINEER carries higher coverage limits than the limits stated below, such higher limits shall be shown on the Certificate of Insurance and Endorsements and City of Yakima shall be named as an additional insured for such higher limits. ENGINEER shall provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy shall boincluded with the certificate. This Certificate ofinsurance shall beprovided hothe City prior to commencement of work. Failure to provide the City with proof of insurance and/or to maintain such insurance outlined herein shall be a material breach of this agreement and a basis for termination. Failure by the City to demand such vehfication of coverage with these insurance requirements or failure of the City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of ENGINEER's obligation to maintain such insurance. ENG|NEER's insurance shall be primary insurance with respect to those who are Additional |neunadm under this Agreement, and any insuronoe, self-insurance or insurance pool coverage maintained by the City aho|| be in excess of the ENG|NEER'o insurance and neither the City nor its insurance providers shall contribute to any sett|emenbo, defense oomtm, or other payments made by ENGINEER's insurance. All additional insured endorsements required by this Section shall include an explicit waiver ofsubrogation. Commercial General Liability Insurance. Before this Agreement is fully executed by the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total liability limit of the limits required in the poUoy, subject to minimum Unnito of Two Million Dollars ($2.000.000.00) per occurrence combined single limit bodily injury and property donnoQo. and Five Million Dollars ($5.00D.O00.0O)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 mhmU be in affect for the duration of this Agreement. The policy mhmU name the C|TY, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel o,change the insurance without first giving the CITY thirty (3O)calendar days prior written notice. The insurance shall be with an insurance company or companies rated /4V||orhigher inBeet'mGuide and admitted inthe State ofWashington. 11.12. Commercial Automobile Liability Insurance. a. If ENGINEER owns any vehicles, before this Agreement isfully executed by the podies. ENGINEER shall provide the CITY with o certificate of insurance as proof of commercial automobile liability insurance and commercial umbnm||o |iobi|dv insurance with o total liability limit of the |innibo required in the policy, subject to minimum |inn|bs of Two YWUUon Dollars ($2L00000000) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply bo"Any Auto" and beshown onthe 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 Agreement, which is Section 10.1.1 entitled "Commercial General Liability |nmunmnca" C. Under either situation described above in Section 10.1.2.a. and Section 10. 1.2.b., the required certificate of insurance shall clearly state who the provider is, the coverage amount, the policy nunnbor, and when the policy and provisions provided are in effect. Said policy shall beineffect for the duration ofthis Agreement. The policy shall name the C|TY, its elected and appointed ot5cim|n, offioare, agents, ennp|oyaaa, and volunteers osadditional insureds, The insured shall not cancel prchange the insurance without first giving the CITY thirty (3O) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A-V|| or higher in Best'o Guide and admitted inthe State ofWashington. 111.3. Statutory workers' compensation and employers liability insurance aerequired bvstate 111.4. Professional Liability Coverage.Before this Contract imfully executed bvthe parties, ENGINEER shall provide the City with a certificate of insurance as proof of professional liability coverage with m total liability limit of the limits required in the po|ioy, subject to minimum limits ofTwo Million Ookarm($2.00OOOO.O0) per claim, and Five Million Dollars ($5.000'000.00)ogQregate. 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 beineffect for the duration mfthis Contract. The insured shall not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A-V|| or higher in 8eot'e Guide. If the policy is written on a c|oinne made basis the coverage will continue in force for an additional two years after the oonnp|obon of this contract. Failure ofeither or all of the additional insureds to report o claim under such insurance aho| not prejudice the rights of the CO`y, its elected and appointed ofhoia|m, offinmra. employees, agents, and representatives there under. The CITY and the C|TY'oelected and appointed officials, officers, phncipa|o, onmp|oyeem, represmntmtiveo, 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 hothe CITY ofsuch intended cancellation, expiration orchange. 11.2 Ifatany time during the life pfthe Agreement, orany extension, ENGINEER fails komaintain the required insurance in full force and ofhaot all work under the Agreement mhmU be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Agreement. SECTIONn2 SUBCONTRACTS 121 ENGINEER shall beentitled, hzthe extent determined appropriate bvENG|NEER'bzaubcontroc any portion of the WORK to be performed under this Agreement. However, ENGINEER mhmU be considered the Prime Contractor hereunder and shall bethe sole point ofcontact with regard toall contractual matters arising hereunder, including the performance of WORK and payment of any and all charges resulting from contractual obligations. 12.2 Any eubopneu|tonhoorsubcontractors hothe ENGINEER utilized on this PROJEC|T, including any substitutions thereof, will be subject to prior approval by C|TY, which approval shall not be unreasonably withheld. Each subcontract shall basubject horeview bvthe C|TY'oRepresentative, if requested, prior to the subconsultant or subcontractor proceeding with the WORK. Such review Page shall not constitute an approval as to the legal form orcontent ofsuch subcontract. TheEMG|NEER shall be responsible for the architectural and engineering performance,acts, and omissions ofall persons and firms performing subcontract WORK. 12.3 CITY does not anticipate ENGINEER subcontracting with any additional persons orfirms for the purpose of completing this Agreement. 12/4 The ENGINEER shall submit, along with its monthly invoices, a description qfall WORK completed by suboonaultenha and subcontractors during the preceding month and copies of all invoices 12.5 If dissatisfied with the background, and/or general methodologies of any subcontractor, the City may request inwriting that the subcontractor boremoved. The ENGINEER shall comply with this request at once and shall not employ the subcontractor for any further WORK under this Agreement. SECTION 13 ASSIGNMENT 13.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This Agreement may not bmassigned bvCITY orENGINEER without prior written consent ofthe other, which consent will not bounreasonably withheld. The ENGINEER for itself and its heirs, executors, odmniniatretoro, muncommora and oaaignm, does hereby agree to the full performance of all of the covenants herein contained upon the part ofthe ENGINEER. |tioexpressly intended and agreed that no third party beneficiaries are created by this Aonaemmnt, and that the rights and remedies provided herein shall inure only to the benefit of the parties to this Agreement. SECTION 14 INTEGRATION 14.1 This Agreement represents the entire understanding ofCITY and ENGINEER aohothose matters contained herein. No prior oral orwritten understanding shall beofany force oreffect with respect tothose matters covered herein. This Agreement may not bemodified oraltered except inwriting signed byboth parties. SECTION 15 JURISDICTION AND VENUE 15.1 This Agreement shall be administered and interpreted under the laws of the State ofWashington. Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. Venue for all disputes mhmin0 under this Agreement shall |ka in o court of competent jurisdiction in Yakima County, Washington. SECTION 16 EQUAL EMPLOYMENT and NONDISCRIMINATION 10.1 During the performance ofthis Agreement, ENGINEER and ENG|NEER's mubconmultants and subcontractors shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of age, mmx, rooe, uneed, na|iQion, co|or, national origin, marital etmtua. Uisab||dn' honorably discharged veteran mrmilitary status, pregnanoy, sexual orientation, gender idmntit/, political mffiUmUon or belief, or the 9rommnca of any smnsory, mental or physical hondicap, and any other classification protected under federal, state, or local law, including, but not limited to the Washington State Lam Against Discrimination (RCVVchapter 48.8O) or the Annmrioonm with Disabilities Act (42 USC 12101 et. seq.). This provision ohmU include but not be limited to the following: emp|oyrnmnt, upgnadinQ, dernoUon, tosnsfer, recruitment, advertising, layoff or bmnninaUon, edaa of pay Prother forms of connpenmmtion, selection for training, and the provision cfservices under this Agreement. ENGINEER agrees twcomply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. |nthe event of the ENG|NEER'aor ENG|NEER'oauboontnaubor'o noncompliance with the non- discrimination o|ouoe of this Agreement or with any such ru|eo, negu|od|ons, or orders, this Agreement may be cancelled, tenninabad, or suspended in whole or in part and the ENGINEER may badeclared ineligible for any future City contracts. 16.2 Pay transparency nondiscrimination. The ENGINEER will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with the contractor's legal duty to furnish information. 16.3 RCW 35.22.650: ENGINEER agrees that the ENGINEER shall actively solicit the employment of minority group members. ENGINEER further agrees that the ENGINEER shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. ENGINEER shall fumish evidence of the ENGINEER'S compliance with these requirements of minority employment and solicitation. ENGINEER further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses. 16.4 Nothing in this Agreement, including, without limitation, the provisions of Section 16, shall require ENGINEER or any of its subcontractor(s) to take action that would be deemed discrimination or preferential treatment in violation of RCW 49.60.400. Pursuant to RCW 49.60.400(6), this Section does not prohibit action that must be taken to establish or maintain the CITY'S eligibility for any federal program, if ineligibility would result in a Toss of federal funds to the CITY. SECTION 17 SUSPENSION OF WORK 17.1 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 the 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 18. SECTION 18 TERMINATION OF WORK 18.1 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 with the terminating party and for cure within the 15-day notice period 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. 18.2 In addition to termination under subsection 18.1 of this Section, CITY may terminate this Agreement for its convenience, in whole or in part, provided the ENGINEER is given: (1) not Tess 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 the effective termination date. 18.3 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 Page 10 completeit.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. 18.4 If the ENGINEER terminates for default onthe part of CITY or if CITY terminates for conveniemce, the adjustment pursuant to the Agreement shall include payment for services satisfactorily performed tothe date oftermination, in addition hztermination settlement costs the ENGINEER reasonably incurs relating bzcommitments which had become firm before the termination, unless CITY determines toassume said commitments. 18.5 Upon receipt ofmtermination notice under subsections 18j or18.2above, the ENGINEER shall (1) promptly discontinue all services affected (unless the notice directs otherwise), and (Z)deliver or otherwise make available to CITY all originalsofdatm colculafiona nopodo, aatimoteo, oumnmohma, and such other infbrnloUon, docunmants, and materials as the ENGINEER orits euboonou|bantemay have accumulated orprepared inperforming this Agreement, whether completed or in progress, with the ENGINEER retaining copies of the same. 18.6 Upon termination under any subparagraph above, CITY reserves the right toprosecute the WORK bzcomp|aUmn utilizing other qualified firnla or individuals; provided, the ENGINEER shall have no responsibility to prosecute further WORK thereon. 187 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 ofCITY. In such evant, the adjustment pursuant to the Agreement shall be determined oaset forth insubparagraph 1O.4of this Section. 18.8 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 ahmU not be relieved of its obligations to complete oarf/nnonoo under this Agreement without the concurrence and written approval of CITY. If CITY aQnmeo to *amninobon of this Agreement under this proviaion, payment shall bemade maset forth insubparagraph 18.3ofthis Section. SECTION 19 DISPUTE RESOLUTION 18.1 |nthe event that any dispute shall arise om to the interpretation or performance ofthis Agreement, or in the event of a notice of default as to whether such default does constitute abreach ofthe contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation asmmeans horesolve the dispute. |fneither ofthe afore mentioned methods are successful then any dispute relating to this ant ohoU be decided in the courts of Yakima County. Washington in accordance with SECTION 14. If both parties consent in vvhtin8, other available means ofdispute resolution may boimplemented. SECTION 20 NOTICE 201 Any notice required to be given under the terms of this Agreement shall be directed to the party at the address set forth below, Notice shall beconsidered 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 inearlier. CITY: City of Yakima 129N2nd Street Yakima, VVA889O1 Attn: Robert VVamhobouQh.9G ENGINEER: HLA Engineering and Land Surveying Inc. 2803 River Road Yakima, WA8BSO3 Attn: BenjaminA. Annen. PE SECTION 21 INSPECTION AND PRODUCTION OF RECORDS 21.1 The records relating tothe WORK shall, sdall times, besubject bo inspection by and with the approval ofthe City, but the making of(or failure ordelay inmaking) such inspection or approval shall not relieve ENGINEER of responsibility for performance of the WORK in accordance with this Agnaennent, notwithstanding the Cib/'s knowledge of defective or non -complying performance, its substantiality or the ease ofits discovery. ENGINEER shall provide the City ouf5oient, safe, and proper facilities, and/or send copies of the requested documents tothe City. ENG|NEER'mnacordm relating tothe WORK will beprovided tothe City upon the Cib/'erequest. 21.2 ENGINEER shall promptly furnish the City with such information and records which are related to the WORK ofthis Agreement mmmay Marequested bythe City. Until the expiration ofsix (6)years after final payment of the mpmnpanmmUon payable under this Aomaenlent, or for o longer period if required by law o, by the Washington Secretary ofGtoNa'o record retention ncMedu|e. ENGINEER shall retain and provide the City access to(and the City shall have the right koexamine, audit and copy) all ofENG|NEER's bookm, douurnanb$, papers and records which are related to the WORK performed by ENGINEER under this Aonaonmmnf. If any |idgmtion, c|mimm, or audit is started before the expiration of the six -year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Prior to converting any Paper records to electronic format and/or dmatroYino any nacnrds. ENGINEER shall contact C|TY'o Records Administrator (509-575~6037) to discuss retention. In no event mho|| any record ra|atinq to the WORK bmdeotroYedwithout CITY consultation. 21.3 All records relating to ENGINEER's services under this Agreement must be made available to the City, and the records relating to the WORK are City of Yakima records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, orbylaw. All records relating boENG|NEER'mservices under this Agreement must beretained by ENGINEER for the minimum period of time required pursuant to the Washington Secretary of 8bata'mpaconds retention schedule. 21.4 The terms of this section shall survive any expiration or termination of this Agreement. SECTION 22 COMPLIANCE WITH THE LAW 22.1 ENGINEER agrees toperform all WORK under and pursuant tothis Agreement hlfull compliance with any and all applicable laws, m|es, and regulations adopted or promulgated by any governmental agency or regulatory bodv, whether federal, mtaba. |oca|, or othenwise, including policies adopted bvthe City, osthose laws, ondinances, nu|mo, roguladonn, and policies now exist or may hereafter be amended or enacted. ENGINEER shall procure and have all applicable and nooammmry permits, |ioenmoo and approvals of any federal, state, and local government or governmental authority orthis project, payaUchargaaondfees.ondgivem||noUoemnaceamaryand incidental tothe due and lawful execution ofthe work. 22.2 ENGINEER shall procure and have all applicable and necessary permits,licenses and approvals of any federal, state, and local government or governmental authority or this all charges and fees, and give all notices necessary and incidental to the due and lawful execution of its work. a. Procurement ofmCity Business License. ENGINEER must procure oCity ofYakima Business License and pay all charges, fees, and taxes associated with said license. b. ENGINEER must provide proof of a valid Washington department of Revenue state excise tax registration number, aarequired inTitle 8SRCW. u. ENGINEER must provide proof of o valid Washington Unified Business Identification (UB|) number. ENGINEER must have a current UB| number and not be disqualified from bidding onany public works contract under RCVV3S.00.1O1 or3G.12.O85(3). d. ENGINEER must provide proof of m valid Washington Employment Security Department number msrequired byTitle 5OFlCW. a, Foroiqn(Non-VVmsh|nqbon)Corporations: Although the City does not require foreign curpPrato proposers boqualify inthe City, County orState priortosubnlittingaproposo[itis specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima, at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is nloda, prior toconducting any buo|naoo in the City. SECTION 23 MISCELLANEOUS PROVISIONS 23.1 SavonabUhv. If any term or conditionof this Agreement or the application thereof to any person(s) or circumstances is held inxa|id, such invalidity ohe| not affect other terms, conditions or applications which can be given effect without the invalid temn, condition or application. To this end, the terms and conditions ofthis Agreement are declared severable. 23.2 Agreement documents. This Agreement, the Request for Qualifications & Proposals No. M/A.titled N/A Scope of Work, conditionm, mddmndo, and modifications and ENG|NEER's proposal (to the extant consistent with Yakima City documents) constitute the Agreement Documents and are complementary. Specific Federal and State |avvm and the terms of this Aoreement, in that order naopactivm|y, supersede other inconsistent provisions. These Agreement Documents are on file in the <Jf5oe of the Purchasing Manager, 129 No. 2nu SL, Yakimna, VVA. 88901. and are honabv incorporated by reference into this Agreement. 23.3 Notice ofchange infinancial condition. If, during this Agreement, the ENGINEER experiences a change in its financial condition that may affect its ability to perform under the Agreement, or experiences a change of ownership or control, the ENGINEER shall immediately notify the City in writing. Failure to notify the City of such a change in financial condition or change of ownership or control shall be sufficient grounds for termination. 23.4 No conflicts of interest. ENGINEER represents that it or its employees do not have any interest and shall not hereafter acquire any interest, direct orindirect, which would conflict inany manner ordegree with the performance ofthis Agreement. ENGINEER further covenants that itwill not hire anyone or any entity having such o conflict of interest during the paMbnnanoa of this Agreement. 32.5 Promotional advertising prohibited. Reference to or use of the City, any of its agencies orother subunits, or any official oremployee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the City. Release of broadcast emails pertaining to this procurement shall not be made without prior written authorization ofthe City. 23.6 Time is of the essence. Timely provision of the WORK required under this Agreement shall be of the essence of the Agreement, including the provision of the WORK within the time agreed or on date specified herein. 237 Waiver of breach. /\ waiver by either oado hereto of breach of the other party hereto of any covenant orcondition nf this Agreement shall not impair the hghtpfthe party not indefault to avail itself ofany subsequent bnamoh thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more |nnbancem, shall not be construed as a waiver or relinquishment ofany such agreement, covenant, condition orright. 23.8 Force K8 jeune. ENGINEER will not be responsible for delays in delivery due to acts of God, fira, strikes, riots, delay in transportation, or those effects of epidemics or pandernics that could not have been reasonably anticipated ormitigated through acts ofthe ENGINEER; provided ENGINEER notifies the City immediately in writing of such pending or actual delay. Normally in the event of such delays, the date of delivery of WORK will be extended for a period of time equal to the time lost due tpthe reason for delay. 23.9 Authority, The person executing this Agreement on behalf of ENGINEER represents and warrants that they have been fully authorized by ENGINEER to execute this Agreement on its behalf and to legally bind ENGINEER to all terms, performances, and provisions of this Agreement. 23.10 Survival. The foregoing sections of this Agreement, inclusive, shall survive the expiration or termination of this Agreement, in accordance with their terms. 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 YKI tr• VictoWa Baker Title: City Manager List of Exhibits attached to this contract Exhibit A ® Scope of Services Exhibit B — Engineer's Hourly Estimate Exhibit C ® Schedule of Rates Exhibit D — Project Schedule HLA ENGINEERING AND LAND SURVEYING INC. Berrltn A. Annen, PE Title: President Page 14 STATE OF WASHINGTON COUNTY OF YAKIMA ) ss. certify that I know or have satisfactory evidence that Victoria Baker is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she 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 l k+ i aD;21Q Printed Name My commission expires: Page 15 STATE OF WASHINGTON COUNTY OF YAKIMA ) ) ss. I certify that I know or have satisfactory evidence that Benjamin A. Annen, 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 HLA Engineering and Land Surveying, Inc. (HLA), to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 0 5 2 7 Z% Seal or Stamp Title Printed Name My commission expires: / 2— Page 16 EXHIBIT A SCOPE OF SERVICES WENDY BAKER SHARED -USE PATH The City of Yakima (C|TY)has received WSCOT Pedestrian and Bicycle Safety Program funding for the Wendy Baker Shared -Use Path (PROJECT). Professional engineering services are necessary to complete plans, specifications, and cost estimate bzconstruct approximately 2.SOOfeet ofmshared-use path, high visibility crosswalks, bicycle intersection crossing nmmrhingm, rectangular rapid flashing beacons (RRFBs), and bicycle wayfinding signabe along Powerhouse Road. After submission of a Statement of Qualifications onJanuary 6.2O28.HLAEngineering and Land Surveying, Inc. (HLA).was notified on February 11, 2026, of its selection to perform engineering design, surveying, design plans and specifications, permitting, environmental documentation, and other work as needed for this pathway project. The CITY may add right of way services, and construction engineering and management services bzthis contract inthe future. ENGINEER shall provide professional services to the CITY as outlined below. The following general provisions/assumptions have been made: A. The CITY will examine all documents presented by ENGINEER and provide written decisions within a reasonable time so as not to delay the work ofENGINEER. All design submittals (30%, 60%, 90%) shall be reviewed by the CITY and returned to the ENGINEER within three (3) weeks of each submittal. The ENGINEER will note on each submittal the requested date for review comments to be returned. B. The CITY will obtain approval ofall governmental authorities with jurisdiction over the PROJECT, and approvals and consents from other individuals smnecessary for completion of the PROJECT. The CITY |otopay all review fees and costs associated with obtaining such approvals at the advisement oYthe ENGINEER. C. |tisanticipated only one (1) bid package will be prepared for all elements ofthe PROJECT. D. The CITY will pay for all adverhoin0, permit fees, noUmsm orother publications as may be required for the PROJECT. E. The PROJECT has aRight phase and the CITY intends bocontract with Yakima County Real Estate office through the C|Tf'mintedona|agreement. Assistance with the Ri0ht- of-V\ayphamenanboprovidadunderoSupp|emenba|Aoneement.amdinectedbvthmC|TY. F. The CITY is to initiate contact with Pacific Power for facility relocations, if determined to be required by the ENGINEER. G. The CITY does not intend to landscape the corridor, therefore new landscaping and/or landscaping irrigation system design |o noto |icob|mondvvi||nmtbeinc|udmdintha AGREEMENT. However, restoration ofexisting landscaping will benoted onthe plans and on aaaooio*yd bid item will be included in the construction contract. H. All work conducted bxENGINEER will meet CITY design standards. |. Pkann, specifications,and contract documents, hothe extent feasible, shall bedeveloped in accordance with the pathway section included in the funding application and the latest edition and amendments pfthe following: 1Washington State Department of Transportation/Washington State Chapter of the American Public Works Association, "Standard Specifications for Road, Bridge, and Municipal Construction." 2. Washington State Department of Transportation, "Standard Plans for Road and Bridge Construction." 3. Washington State Department of Transportation, Design Manual M 22-01.23 poqw17 4. U.S. Department of Transportation,"Manual onUniform Traffic Control Devices for Streets and M' hvvay$.^11U1Edition.dmted Decenmber2023. Public and/or private utility improvements are not part ofthis PROJECT, unless specified in the services tobeperformed, K. Bicycles and pedestriansshall beconsidered hldesign per City ofYakima Complete Streets L. No traffic signal design, modifications, orupgrades are included inthis proposed scope and M. Illumination, if added, will be from existing power poles and coordinated through Pacific Power bvthe CITY. Illumination system eva| od will include a lighting ba of illumination onexisting power poles only. |fdeficiencies are found and additional illumination ianeeded, the ENGINEER can provide assistance under a Supplemental Agreement. N. The ENGINEER shall make every effort to coordinate with third parties with jurisdiction over the PROJECT; however, if approvals required from third parties outside the control of the CITY or ENGINEER are not received in a timely manner, the CITY and ENGINEER shall adjust the Time ofPerformance ammutually agreed upon. 0. ASEPAchecklist will bmprepared by ENGINEER and processed by CITY staff. No additional environmental documentation isincluded inthe AGREEMENT. |t|sunderstood and agreed that tasks may baadded ordeleted from the Scope ofServices bymutual agreement of the CITY and ENGINEER. 1.0 Pnmieot Manaqemment 11 Perform management ofoverall PROJECT delivery and PROJECT controls. 1.3 Plan and facilitate aPROJECT kickoff meeting toalign expectations between the CITY and ENGINEER. 1.3 Provide monthly status reports and invoices for the work performed. 1.4 Prepare and maintain the PROJECT schedule inconjunction withfundinQrequinammntsmnd timelines, toboupdated monthly oramotherwise requested bvthe CITY. 1.5 Maintain PROJECT files for CITY review. 1.6 Coordinate PROJECT reviews/approvals with controlling authorities, including the CITY and Washington State Department ofTransportation (8/DS[T]. 1.7 Attend up to two (2) CITY Council meetings to address technical aspects of the work related boscope, design, construction, and schedule. 2.0 Fmmdinq Administration 2.1 Assist the CITY inthe preparation mfall documentation necessary bnrequest funding authorization for subsequent phases after the design phase, as applicable. It is assumed that design funding obligation authorization will be in place before the execution of this AGREEMENT. 2'2 Assist the CITY with the preparation ofdocuments required bvthe funding agency,inoluding updated cost estimates, scope of work descriptions, and PROJECT distribution of funds. 2.3 Assist CITY with review and preparation of funding agency contract forms and documents. 2.4 Assist CITY with contract requirements of the funding agency, including progress reports. Pago10 2.5 Assist CITY with the submittal ofbid documents bothe funding agency for review and approval, toauthorize publication mfthe PROJECT advertisement for bids. 3.0 Environmental and Cultural Review 8.1 Prepare oState Environmental Policy Act (SEPA) checklist for review and publication bythe CITY. It is anticipated a Determination of Non -significance will be published, requiring no further action. Should any follow upbJthe SEPA decision berequired, including but not limited to any disciplinary reports, it will be addressed by amendment to this AGREEMENT. 3.2 Assist CITY with coordination ofthe Executive Order 21-O2process, including consultation letters, Area ofPotential Effect (APE), and EZ Project Review Form. Executive Order 21-02 includes consultation with the Department of Archaeological and Historical Preservation (DAHP) and affected tribes. Should OAHP require aCultural Resources Survey (CFlS). ENGINEER will provide o proposal by m muboonou|bmntbocomplete the CRG under Supplemental Agreement. Note: An Environmental Impact Statement (EIS) is not anticipated to berequired for this PROJECT. Should it be determined that anEIS must beprepared, it will be addressed by amendment to this AGREEMENT. 4.0 Demicin Enqhmeerimg 4.1 Land Survey. a. Request field locates from W1iCall Before You Dig to confirm existing utility horizontal locations. No excavations will occur by ENGINEER to determine vertical locations. b. Conduct a topographic survey of the PROJECT area to complete design, plans, and specifications. c. Review available plat maps, doounlonto, and surveys *oidentify public right-of-way widths, easements, and other identified encumbrances. Notitle reports are anticipated to be ordered. If required, t|Ua reports will be ordered by ENGINEER and paid for by the 4.2 3O%Plans and Estimate. a. Perform field investigations necessary to design the identified improvements. b. Prepare and provide 30% plans and a cost estimate of improvements for review and comment bvthe CITY. n. Illumination system evaluation will include lighting analysis ofillumination on existing power poles only. d. Review ofpublic and private utilities, including CITY mblrmxxater, domestic water, sanitary sewer, irrigation, natural gas, telecommunications, and/or fiber optic lines to determine general locations and size offacilities, e. Notify private utilities of pending improvements and advise of the PROJECT schedule. t Prepare right of way plans in accordance with WSDOT and FHWA requirements, as required for Right ofWay phase obligation. 4.3 GO%Plans and Estimate. a. Attend oreview meeting with the CITY toaddress and resolve 3O96review comments and address technical aspects ofthe work related tothe scope, design, andmchedu|oof the PROJECT. b. Prepare and provide 60% plans and a cost estimate of improvements for review and comment bythe CITY. 4.4 90% Plans, Specifications, a. Attend a review meeting with the CITY to address and resolve 60% review comments. b. Prepare and provide 90% plans, specifications, and ocost estimate ufimprovements for review and comment bvthe CITY and WGOOT. c. Perform quality assurance and quality control (QA/QC) review of all 90% documents. 4.5 Final Plans, Specifications, and Estimate. a. Attend oreview meeting with the CITY to address and resolve 90% review comments. b. Address CITY and VV8[]OTreview comments, and [2/VQCcomments, and prepare final p|ona, specifications, and estimate. o. Provide final plans and specifications for the CITY in PDF format suitable for printingond use at the time ofbid advertisement. |tiaanticipated that ENGINEER will prepare one (1) complete set ofplans and specifications for one bid call; additional bid packages will be provided under a Supplemental Agreement. d. Provide two (2)printed copies ofcontract documents bothe CITY. e. Prepare advertisement for bids. Coordinate with CITY on the number and |0001|on of publications and submit the advertisement tothe selected pub|icmUon(s)pnbehalf ofthe CITY. All advertising fees are tobmpaid bythe CITY. 4.6 Following is the proposed sheet list: Plan Sheets Comment Cover Sheet Legend and General Notes Typical Ppdhmouy Sections C|ono'A' S|gning Plans Traffic Control Plans F|agging, detours, etc. TESCP|onm 1"=40'Goa|e Demolition Plans Plan and Profile Drainage Table and Details Electrical Plans Illumination Pavement Marking and Signing Plan Curb Ramp Plans Construction Details CITY, storm, etc. 6.0 Biddinq Support 5.1 Post bid documents to the HLA website and notify the CITY, funding agency, approval authority, utility companies, and plan centers ofPROJECT posting. 5.2 Create and maintain op|anho|derlist and post hothe HLAvvabmibm. 5.3 Answer questions and/or supply information as requested by prospective bidders. 5.4 Prepare and issue addenda tocontract documents, ifnecessary. 5.5 Participate |nthe bid opening, evaluate bids, prepare bid tabulation, and make recommendation for award. 5.6 Assemble construction Contracts and coordinate execution of the Contract with the CITY and Contractor, including review ofbond and insurance requirements. TIME OF PERFORMANCE: ENGINEER will diligently pursue the completion ofthe PROJECT amfollows: 1'0 PmmliectN0anaaemommt Project management services will be provided for the duration of the PROJECT through Bidding Support. 2.0 Fundhnq Administration Funding administration will begin on the date of the CITY's funding agreement with the funding agency and will continue through Bidding Support. 3.0 Environmental and Cultural Review Environmental and cultural review will begin at receipt of this executed AGREEMENT and will conclude at completion of the Design Engineering phase. However, review and approval timelines of the environmental documentation are determined by the controlling authority. 4.0 Design Engineering 4.1 ENGINEER will begin professional land surveying services upon receipt of this executed AGREEMENT and will conclude at completion of the Design Engineering phase. 4.2 ENGINEER will provide 30% plans and a cost estimate for CITY review within sixty-five (65) working days from receipt of this executed AGREEMENT. 4.3 ENGINEER will provide 60% plans and cost estimate for CITY review within sixty-five (65) working days of receiving CITY comments on 30% plans and estimate. 4.4 ENGINEER will provide 90% plans, specifications, and cost estimate within seventy (70) working days of receiving CITY comments on 60% plans and estimate. 4.5 Final plans, specifications, and cost estimate will be provided within twenty-five (25) working days of receiving CITY comments on 90% plans, specifications, and estimate. 5.0 Bidding SuDDort Bidding support will begin on the publication date of the PROJECT advertisement for bids and will terminate upon award of the construction contract. FEE FOR SERVICES: For the services furnished by ENGINEER as described within this AGREEMENT, the CITY agrees to pay ENGINEER the fees as set forth herein. The amounts listed below may be revised only by written agreement of both parties. ENGINEER reserves the right to move fees and estimated work hours between phases as necessary to complete the PROJECT. 1.0 Proiect Management Work for project management shall be performed on a time -spent basis at current hourly billing rates included in our General Agreement, plus reimbursement for non -salary expenses for the not -to -exceed fee of $16,000. 2.0 Fundina Administration Work for funding administration shall be performed on a time -spent basis at current hourly billing rates included in our General Agreement, plus reimbursement for non -salary expenses for the not -to -exceed fee of $5,500. 3.0 Environmental and Cultural Review Work for environmental and cultural review shall be performed on a time -spent basis at current hourly billing rates included in our General Agreement, plus reimbursement for non -salary expenses for the not - to -exceed fee of $5,500. 4.0 Design Engineering Work for design engineering services shall be performed on a time -spent basis at current hourly billing rates included in our General Agreement, plus reimbursement for non -salary expenses for the not -to - exceed fee of $125,000. Page 21 5.0 Biddimq Support All work directed by the CITY for bidding support shall be performed ono basis atthe current hourly billing rates included in our General Agreement, plus reimbursement for non -salary expenses for the not -to -exceed fee of $8,000. Additional Services Additional work requested by the CITY not included in this AGREEMENT shall be authorized by the CITY and agreed upon by ENGINEER in writing before i owith services. ENGINEER will perform additional services as directed/authorized by the CITY on a time -spent basis at the current hourly billing rates included in our General Agreement, plus reimbursement for direct non -salary expenses such as vehicle mileage, out-of-town meals/lodging, advertising, and printing expenses. 82014814244 Pafnei0P0144 P1112484 C88104 lana244r C.2' f4VIECI. 0000.90 F10, 42MjtP441001000*. 2.1 An40lai pacc0cakron .P4140 review 054O44414000001 tat"40d C4020241 Re'ai042 Prepafe 5FFA 00240meateixxn Ssr rexew Prec0se Ccec k5 to 04*142m t1-0. Ya1 rewlr 84421nertin0 4.1 W.vMcd SUxvcY 4.2 :0% Ptatw ..alai C004" 90099 041E 1"1S44e 0400 100.90te 4 4 KM 242*1*:S.:S*ee9, 0.0c1E.119cata 4 5 F0001 091000, 1i..0a. 00991 Ev4.elv0e 5 3 0ro6108R4 4iH'-31,14k044 44 440A 484.8.l* 5 4 Cteade and 1110044111 4 Oach ldc, Et9C 55 Axaaneai ccr.x140*44044 geccezarcifSay a'.rcaa40c990. 40%aarYa 591 P0e0000 arcs ,0000 addenda *0 C010522 4 01100altnt0 5 7 Evaluate PMI," pa.ca9f6 240 to t alga#can, arnn 00040 4 emw0911#0^ 5 A 500e0Y4e caort 00.000 Ce9Cractt and tl4rdn.a*e CxeC4 00 8 plaget,akamookukayot 4 15 U 0 0 0 it 0 4 EXHIBIT B ENGINEER'S HOURLY DESIGN ENGINEERING ESTIMATE Wendy Baker Shand -use Path h.i4a(Nt 20 11 20 IP 0 31 10 24 0 0 0 0 0 4 4 2147 10 0 0 6 4112 5; 2 34 462446 2 154 45,446 40 10 6 0 0 2 0 0 i4 12 30 86,404 24 4 0 0 0 10 i9 1: YO 241,853 d '7 $1,3927 .10 30 132 00 121 24 12 0 0 0 0 0 *4 33 :93 24 22 0 0 40 40 40 40 0 6 le 30 10 '24 1C 0 10 10 A 37 0 4 24 10 3 46 0 8 32 676 6126,040 40 24 4x 4 330 0440030 0 0 d3 1) VC 4204.446 0 0 11 0 10 4.15,045 6 444 421532 0 0 0 d *13 4441353 'aeraci tatleage SO M lsx 1i4 $ 81 7.=0., 11...vutwy SCAlinev 24 tl024*0 S ICC 00 $$$ 43,7a4 23 0 0 42 47,014 0 411! 4145 414$ 4 4 t6a0 4 2567 4 5 49,S4t 5 17 si,3a2 4 4) 61,0010 '/40.4cle F ileaJP 40 Mkt 0 725 $29 EXHIBIT C SCHEDULE OF RATES FOR HLA Enciineennq and Land SunvevUnq.Uno. Effective January 1,2026,through December 31,2026 Senior Principal Engineer $385.00per hour Licensed Principal Engineer $255.00per hour Licensed Principal Land Surveyor $255.0Oper hour Director ofEngineering, Construction, Other $265.00per hour Licensed Professional Engineer $23O.00per hour Other Licensed Professional $23O.00per hour Project Engineer 11 $211.0Dper hour Supervisor ofConstruction, Planning, Other $211.00per hour Licensed Professional Land Surveyor $211.DOper hour P|onnmr||| $103.O0per hour Project Engineer 1 $189.O0per hour CAD U $188.00per hour Contract Administrator III, Administrative ||| $172.00 per hour Resident Enginaer|| $172.0Oper hour Planner || $169.00per hour Surveyor || $1OT.00per hour CAD $1G4.00per hour Engineering Technician ||| $155.O0per hour Planner $155.0Oper hour Resident Engineer | $155.00per hour Surveyor $147.O0per hour Surveyor onTwo-Man Crew $147.DOper hour Contract Administrator ||. Administrative || $145.00per hour Engineering Technician || $145.00per hour Surveyor onThree-Man Crew $123.00per hour Contract Administrator |. Administrative | $112.00 per hour Engineering Technician | $112.UUper hour Survey Scanner $156.UOper hour Vehicle Mileage Federal Rate Schedule ofRates may baadjusted during the term ofthis Agreement to the HLAStandard Hourly Rates Client Name: Project Name: HLA Project No.: EXHIBIT City of Yakima Wendy Baker Shared -Use Path 26064 City Contract Execution 4/14/2026 30% P&E Submittal 60% P&E Submittal 90% PS&E Submittal Final PS&E Submittal Advertise for Bids Bid Opening Construction Contract Award 65 7/15/2026 65 10/14/2026 70 1/25/2027 25 2/26/2027 33 4/13/2027 19 5/7/2027 22 6/8/2027 PM XL error Warning: IllegatMediaSize