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R-2026-102 agmt with HLA Engineering_water system plan update
A RESOLUTION RESOLUTION NO. R-2026-102 authorizing the City Manager of the City of Yakima to execute a Professional Service Agreement between the City of Yakima and HLA Engineering and Land Surveying, Inc. for preparation of the City's Water System Plan Update. WHEREAS, the City of Yakima owns and operates a municipal water system regulated by the Washington State Department of Health (DOH); and WHEREAS, WAC 246-290-100 requires community water systems to maintain a current Water System Plan (WSP) approved by DOH, and the City's existing plan expires in July 2027; and WHEREAS, the City requires professional engineering and planning services to complete the WSP update, meet regulatory requirements, and support long-term water system management and capital needs; and WHEREAS, HLA Engineering and Land Surveying, Inc. (HLA) is licensed in Washington State, possesses the necessary expertise, and has proposed to complete the scope of services described in the attached Agreement; and WHEREAS, the City has negotiated a not -to -exceed fee of $272,000 for completion of the Water System Plan Update, as further detailed in Exhibits A through D of the Agreement; and WHEREAS, the City Council finds that entering into this Agreement is in the best interest of the City of Yakima and its residents, and is necessary for compliance with state law and continued reliable operation of the municipal water system; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the Professional Services Agreement between the City of Yakima and HLA Engineering and Land Surveying, Inc. for preparation of the Water System Plan Update, attached hereto as "26111 Water System Plan - 2026 ENGINEER PROFESSIONAL SERVICES AGREEMENT", and fully incorporated herein. ADOPTED BY THE CITY COUNCIL this 7th day of July, 2026. ATTEST: SEAL Rosalinda Ibarra, CMC, City Clerks HIN& 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 % day oei f , 2026, by and between the City of Yakima, Washington, a municipal corporation with its princi 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 WATER SYSTEM PLAN UPDATE 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. 2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign, Justin L. Bellamy, 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 be made 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 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 TERM 3.1 The term of this AGREEMENT shall be December 31, 2028. SECTION 4 CITY'S RESPONSIBILITIES 4.1 CITY -FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the CITY'S possession relating to the ENGINEERS 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. 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 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 applicable to its profession. 4.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this Agreement. CITY'S Representative shall have complete authority to transmit instructions and receive information. ENGINEER shall be entitled to reasonably rely on such instructions made by the CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall be responsible for bringing to the attention of the CITY'S Representative any instructions which the ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER'S knowledge. 4.5 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 professional 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 from them. SECTION 5 AUTHORIZATION, PROGRESS, AND COMPLETION 5.1 In signing this Agreement, CITY grants ENGINEER specific authorization to proceed with WORK described in Exhibit A. The time for completion is defined in Exhibit A, or as amended. SECTION 6 COMPENSATION 6.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services described in Exhibit A, compensation shall utilize current contractor hourly rates. Estimated rates identified in 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. Page 2 8.1.1 DIRECT NON -SALARY EXPENSES: Direct are those costs incurred on or directly for the PROJECT imcludinW, but not limited to, necessary transportation oostm, including current rates for ENGINEER'S vehicles; n1eo|a and lodging; laboratory tests and analyses; printing, binding and reproduction charges; all costs a0000|oNad 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 onthe basis mfactual charges plus o reasonable mnarkup, not boexceed ten percent (1096). and on the basis of current rates when furnished by ENGINEER. Estimated Direct Non -Salary Expenses are shown in Exhibit8. 6.1.1.1 Travel costs, including transportation, lodging, subsisbenoe, and incidental expenses incurred by employees of the ENGINEER and each of the Suhconmultantainconnection with PROJECT WORK; provided,00follows: ^ That amaximum ofU.S.INTERNAL REVENUE SERVICE allowed cents per mile will be paid for the opanmdon, nnoinbmnonne, and depreciation costs of company or individually owned vaMic|am for that portion of time they are used for PROJECT WORK. ENGINEER, whenever possible, will use the least expensive form ofground transportation. � That reimbursement for n1ea|o inclusive of tips shall not exceed a nlmxinlunm of forty dollars ($40) per day per person. This rate may be adjusted onmyearly basis. � That accommodation shall beotereasonably priced hota|/rnota|. + That air travel shall be by coach c|aom, and ahe|| 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 includedinthe direct expense costs, but are considered included in the Schedule of Specific Hourly Billing Rates. 6.1.3 Professional Subconoultonta Professional Subconoultan10 are those costs for ang|neohng, omuhitactuna, geo1echnicm| amn/|oem and similar professional esn/iuom approved by the CITY. Reimbursement for Professional Subconau|tantovvi|| be on the basis of actual costs billed plus a reasonable markup, not to exceed ten percent (110%) for services provided tuthe CITY through this Agreement. Estimated Subconau|bantcosts are shown in Exhibit B. 6.2 Unless specifically authohzadinwdUnobvthe CITY, the total budgetary amount for this PROJECT shall not exceed two hundred seventy-two thousand 0) 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 |sthe CITY obligated bzpay the ENGINEER beyond these limits. When any budget has been increased, the ENGINEER'S excess costs expended prior bosuch increase will beallowable tothe same extent as if such costs had been incurred after the approved increase, and provided that the City was informed inwriting atthe 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 befor PROJECT services and WORK performed and costs incurred prior tothe date ofthe invoice and not covered bypreviously submitted invoices. The ENGINEER shall submit with each invoice asummary oftime expended onthe PROJECT for the current billing period, copies ofaubnonmu|tent inwoioao, and any other supporting noatario|m and details determined nanmmaory bvthe City tosubstantiate the costs incurred. CITY will use its best efforts bopay such invoices within thirty (30) days of receipt and upon approval of the WORK done and amount billed. CITY will notify the ENGINEER promptly ifany problems are noted with the invoice. CITY may quembpnany item in an invoice, noting to ENGINEER the questionable item(s) and withholding payment for such item(s). The ENGINEER may resubmit such item(s) in a subsequent invoice together with additional supporting information 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 (6151) 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 fumished 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 b. 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 oct. Title 61 RCVV mo|ek/ for the purposes of this indemnification. ENGINEER's indemnification shall not be limited in any way by any limitation on the amount of damnogmm, compensation or benefits payable to or by any third party under workers' compensation acto, disability benefit acts or any other benefits acts or programs. ENGINEER mhoU require that its subcontractors, and anyone directly mrindirectly employed or hired by ENG|NEER, and anyone for whose acts ENGINEER may be liable in connection with its performance of this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all pnbande| liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. c. Should o court of competent jurisdiction determine that this Agreement is subject to RCVV 4.24.115, then' in the event of liability for damages arising out of bodily injury to persons o damages to property caused by or resulting from the concurrent negligence of the ENGINEER and the City, the GNE;|NEER'o liability, including the dub/ and cost todefend, mMaU be only to the extent ofthe ENG|NEER'snegligence. d. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right ofindemnification |nany third party. a. The terms of this Section shall survive any expiration or termination of this Agreement. 7.5 |nany and all claims by an employee of the ENGINEER, any subcontractor, anyone directly indirectly 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 banafitacts. The ENGINEER specifically and expressly waives its immunity under the Industrial |neunonoa Act, Title 51, RCVV. 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 specificationsamd 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 contractor, for ocontractor's safety programs ormethods, orfor contractors' compliance with laws and regulations. CITY aheU use its best efforts to onouna that the construction contract requires that the contractor(s) indemnify and name CITY, the C|TY'e and the ENGINEER's nf5maro, phnoipa|o, annp|oyoao, oQento, napreoentaUveo, and engineers as additional insureds on contractors insurance policies covering PROJECT, exclusive of insurance for ENGINEER professional liability. 7.7 ENGINEER ahmU be solely responsible for and shall pay all taxes, deductions, and moaemsnmanta, including but not limited to federal income tax, FiCA, social security tax, mooaoannanto for unan1o|oynnant and industrial injury inaunanoe, and other deductions from income which may be required by law or emamammd against either party as a namu|t of this Agreement, In the event the City |massessed otax orassessment oaoresult ofthis Agreement, ENGINEER shall pay the same before itbecomes due. 7.8 SUBSURFACE | In soils, foundotion. groundwater, and other subsurface investigations, the actual characteristics may vary significantlybetween successive test points and sample intervals and at locations other than where obsenuation, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface eva|uations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and costtexanutimn effects are not the responsibility of the ENGINEER, tothe 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 (10th) 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. 10.3 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 Page 6 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, if any. 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 by an audit to be inadequately substantiated shall be reimbursed to the CITY. SECTION 11 INSURANCE At all times during performance of the 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 of this Agreement. ENGINEER shall provide and maintain in force insurance in limits no less than those 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. If ENGINEER 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 be included with the certificate. This Certificate of insurance shall be provided to the 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 verification 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. ENGINEER's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Agreement, and any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the ENGINEER's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by ENGINEER's insurance. All additional insured endorsements required by this Section shall include an explicit waiver of subrogation. Commercial General Liability Insurance. Before this Agreement is fully executed by the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Four Million Dollars ($4,000,000.00) general aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the CITY, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. 11.1.2. Commercial Automobile Liability Insurance. a. If ENGINEER owns any vehicles, before this Agreement is fully executed by the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury Page 7 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 Agreement, which is Section 10.1.1 entitled "Commercial General Liability Insurance". 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 number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the CITY, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. 11.1.3. Statutory workers' compensation and employer's liability insurance as required by state law. 11.1.4. 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 liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per claim, and Four Million Dollars ($4,000,000.00) 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 insured shall not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this 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 elected and appointed officials, officers, employees, agents, and representatives there under. The CITY and the CITY's elected and appointed officials, officers, principals, employees, representatives, and agents shall have no obligation for payment of premiums because of being named as additional insureds under such insurance. None of the policies issued pursuant to the requirements contained herein shall be canceled, allowed to expire, or changed in any manner that affects the rights of the CITY until thirty (30) days after written notice to the CITY of such intended cancellation, expiration or change. 11.2 If at any time during the life of the Agreement, or any extension, ENGINEER fails to maintain the required insurance in full force and effect, all work under the Agreement shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Agreement. SECTION 12 SUBCONTRACTS 12.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract any portion of the WORK to be performed under this Agreement. However, ENGINEER shall be considered the Prime Contractor hereunder and shall be the sole point of contact with regard to all contractual matters arising hereunder, including the performance of WORK and payment of any and all charges resulting from contractual obligations. 12.2 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 Page 8 shall be responsible for the architectural and engineering performance, acts, and omissions ofall persons and firma 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 of all WORK completed by auboonmultontm and subcontractors during the preceding month and copies of all invoices thereto. 12.5 If dissatisfied with the background, performance, end/or general methodologies of any subcontractor, the City may request in writing that the subcontractor be removed. The ENGINEER shall comply with this request st 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 oerboo henahz This Agreement may not baassigned bvC|TYorENG|NEERvvithoutphorxvrittenoonaantoftheother which consent will not beunreasonably withheld, The ENGINEER for itself and its heirs, executors, admin|etrobonm, ouoceamono and assigns, does hereby agree to the full performance of all of the covenants herein contained upon the part ofthe ENGINEER. |tiaexpressly intended and agreed that nothird party beneficiaries are created by this Agreement, and that the rights and mynnediaa 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 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 tothose matters covered herein. This Agreement may not bamodified oraltered except inwriting signed byboth parties. SECTION 16 JURISDICTION AND VENUE 151 This Agreement shall boadministered and interpreted under the laws ofthe 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 arising under this Agreement shall lie in a court of competent jurisdiction in Yakima County, Washington. SECTION 16 EQUAL EMPLOYMENT and NONDISCRIMINATION 16.1 During the performance of this Agreement, ENGINEER and BNG|MEER's subconoultmnts and subcontractors shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of age, oex, naoe, onaed, nm|iQion, oo|or, national nhQin, marital atab/a, disability, honorably discharged veteran nrmilitary status, pnygnanoy, sexual orientation, gender identib/, political affiliation or belief, or the presence of any senmory, mental or physical hondinap, and any other classification protected under federal, stoba. or local |aw, ino|uding, but not limited to the Washington State Lom/ Against Discrimination (RCW ohmobar 49.80) or the Americans with Disabilities Act /42 USC 12101 et. seq.). This provision mhmU include but not be limited to the following: emp|oynnent, up0noding, demnotion, tnanafer, recruitment, advertising, layoff or 0amminaUon, na**o of pay orother forms of compensation, selection for training, d the provision ofservices under this Agreement. ENGINEER agrees hocomply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. In the event of the ENG|NEER's or ENCS|NEER'o subcontractor's noncompliance with the non- discrimination clause of this Agreement or with any such ru|em, na0u|mUons, or orders, this Agreement may be cancelled, terminated, or suspended in whole or in part and the ENGINEER may be declared 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, disouamed, or disclosed their own pay or the pay pfanother 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 |nventigobon, pn000edin8, hemring, or action, including aninvestigation conducted bxthe employer, or(o) consistent with the contractor's legal duty tofurnish information. 16.3 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 furnish 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 16.4 Nothing in this Agreement, including, without limitation, the provisions of Section 16, shall require ENGINEER or any of its take action that would be deemed discrimination or preferential treatment |nviolation ofRCVV49.6O.4OO. Pursuant hoRCVV49.0O.40O(§). this Section does not prohibit action that must be taken to establish or maintain the C|TY'S eligibility for any federal program, if ineligibility would result in a loss 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 unforeoemn circumstances C|TY'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 ENG|MEER's control are interfering with nonnm| 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 ofthe WORK shall beextended bythe number ofdays WORK iosuspended. If the period of suspension auoamdm ninety (SO) dayo, the terms of this Aoramrnmnt are subject to renegotiation, and both parties are granted the option tmterminate WORK onthe suspended portion ofProject |necoPrdanmevvithSECT|[}N1G. SECTION 18 TERMINATION OF WORK 181 Either ��r�h�in�����m�in����inpa�����p�m�h��b�� its obligations under this Agreement and is in default through no fault of the terminating party. HowaVmr, no such banninmUon may be effected unless the other party is given: (1) not less than fifteen (15) calendar days written notice doUwanad by certified mnai|, return receipt naqumetad, 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 ohoU be considered issued within seventy-two (72) hours of mailing by certified mail to the place of business of either party as set forth inthis Agreement. 18.2 In addition to termination under subsection 18.1 of this Section, CITY may terminate this Agreement for its convenience, inwhole orinpart, provided the ENGINEER iagiven: (1)not less than fifteen (15) calendar days written ncdioa delivered by certified nnai|, return receipt naqueohad. ofintent 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 ENG|NEER, an adjustment in the contract price pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated profit onunperformed services orother WORK, and (2)any paymentdue tothe ENGINEER atthe time of termination may be adjusted to the extent of any additional costs or damages CITY has incurred, or is likely to inour, because of the ENGINEER'S breach. In such ovent. CITY shall consider the amount of WORK originally required which was satisfactorily completed to date of termination, whether that WORK is in o form or of type which is usable and wuibeb|a to CITY at the date of termination and the cost to CITY of completing the VVC)RK itself orofemploying another firm to Pago10 complete it. Under no circumstances shall payments made under this provision exceed the contract In the event of default, the ENGINEER agrees to pay CITY for any andall 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 on the part of CITY or if CITY terminates for convenience, the adjustment pursuant to the Agreement ohoU include payment for services medisfaob»h|y performed to the date of termination, in addition to tonninobpn settlement costs the ENGINEER reasonably incurs relating to commitments which had become firm before the termination, unless CITY determines toassume said commitments. 18.5 Upon receipt ofotermination notice under subsections 18.1 or18.2above, the ENGINEER shall O\promptly discontinue all services affected (unless the notice directs mth .ond(2)deAiver or otherwise make available to CITY all originals of data, drawings, specifications, oa|cu|abono, napods, emUnnatoe' mumnnmaheo, and such other information, doounlento, and nlatario|a as the ENGINEER orits mubconau|tantamay have accumulated or preparedinperforming this Agreement, whether completed or in progress, with the ENGINEER retaining copies of the same. 18.8 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK to completion utilizing other qualified firnno or individuals; provided, the ENGINEER ahoU have no responsibility tuprosecute further WORK thereon. 18.7 If, after termination for failure of the ENGINEER to fulfill contractual ubUgationo, 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 oaset forth insubparagraph 18.4ofthis 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 orfor 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 Aonaonnant under this pnovieion, payment shall be rnoda as set forth in subparagraph 18.3 of this Section. SECTION19 DISPUTE RESOLUTION 19.1 In the event that any dispute shall arise as to the interpretation or performance of this orinthe event ofanotice ofdefault amtowhether such default does constitute a breach ofthe contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation omameans b»resolve the dispute. |fneither ofthe afore mentioned methods are successful than any dispute relating to this Agreement ohoU be decided in the courts of Yakima Countx. Washington in accordance with SECTION 15. If both parties consent inwriting, other available means ofdispute resolution may baimplemented. SECTION 20 NOTICE 20.1 Any notice required to be given under the terms of this Agreement shall bmdirected 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 |oearlier. CITY: City of Yakima 129N2nd Street Yakima, WA98801 Attn: Robert \8ashabaugh.PE ENGINEER: ML&Engineering and Land Surveying Inc. 28O3River Road Yakima, VVA98SO2 Attn: Benjamin /\./\nnen.PE Poga11 SECTION 21 INSPECTION AND PRODUCTION OF RECORDS 211 The records relating to the VVC}RK shall, at all Unlaa, be subject to inspection by and with the approval of the Ckv, but the making of(or failure or delay in nnohjng) such inspection or approval shall not relieve ENGINEER of responsibility for performance of the WORK in accordance with this AmnsennmnL notwithstanding the C|b/'s knowledge of defective or non -complying perfornlanoe, its substantiality or the ease of its discovery. ENGINEER ahmU provide the City oufficient, oefe, and proper facilities, and/or send copies of the requested documents to the City. EN{S|NEER'mneoordo relating tothe WORK will baprovided Uothe City upon the City'arequest. 21.2 ENGINEER shall promptly furnish the City with such information and records which are related to the WORK ofthis Agreement eomay berequested bvthe City. Until the expiration Pfsix (0)years after final payment ofthe compensation payable under this Agreement, orfor a longer period if required by law or by the Washington Secretary nfStote'a record retention oohedu|e. ENGINEER shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all ofENG|NEER'e boohs, dooummntm, papers and records which are related bothe WORK performed bvENGINEER under this Agreement |fany litigation, claim, oraudit iastarted 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 convedinm ony paper records to electronic format and/or demtnoY|no eny rmoomdo. ENGINEER mMaU contact C|TY'o Raomndo Administrator (609-575-6037) to discuss retention. In no event shall mny naoonj pa|mt|nq to the WORK badostroVedwithout CITY consultation. 21.3 All records relating to ENGINEER's services under this Agreement must be made available tothe City, and the records relating tnthe WORK are City mfYakima records. They must beproduced bo third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, orbvlaw. All records relating to ENGINEER's services under this Agreement must be retained by ENGINEER for the minimum period of time required pursuant to the Washington Secretary of @bm*a'srecords retention schedule. 21'4 The terms ofthis section shall survive any expirationmrtermination ofthis Agreement. SECTION22 COMPLIANCE WITH THE LAW 221 ENGINEER agrees to perform all WORK under and pursuant to this Agreement in full compliance with any and all applicable laxxa, nu|eo' and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise, including policies adopted by the City, as those laws, ordinances, rules, regulations, and policies now exist or may hereafter be amended or enacted. 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 project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. 22.2 ENGINEER shall procure and have all applicable and necessary permits, licenses and approvals ofany federal, state, and local government orgovernmental authority orthis project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of its work. a. Procurement ofoCity Business License. ENGINEER must procure a City 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, mmrequired inTitle 8SRCW. o. ENGINEER must provide proof ofa valid Washington Unified Business Identification (UB|) number. ENGINEER must have acurrent UB| number and not be disqualified from bidding onany public works contract under RCVV38.OG.1O1or3G.12.005(3). d. ENGINEER must provide proof of a valid Washington Employment Saouhb/ Department number mmrequired byTitle 50 RCW. e. Foreign (Non-Wash|ngton)CorDorations: Although the City does not require foreign corporate proposers b:qualify |nthe City, County orState priortmsubmitting oproposal, dia specifically understood and agreed that any such corporation will promptly take all necessary measures bz 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 iomade, prior 1mconducting any business inthe City. SECTION23 MISCELLANEOUS PROVISIONS 231 Sevmrabi|itv. |Yany term orcondition ofthis Agreement orthe applicationthermof to onyporoon(s) or circumstances is held invo|id, such invalidity shall not affect other tarnme, conditions or applications which can be given effect without the invalid tann, 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. NIA, titled N/A Scope of Work, oond0ono, addondm, and modifications and ENG|NEER'a proposal do the extent consistent with Yakima City documents) constitute the d are complementary. Specific Federal and State laws and the terms of this Agreement, in that order respectively, supersede other inconsistent provisions. These Agreement Documents are onfile in the Office of the Purchasing K8mnagor, 129 No. 2n« St' YoKimna, VVA. 98901. and are hereby incorporated by reference into this Agreement. 23.3 Notice of change in financial conditionIf, 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 Noconflicts Cfinterest. ENGINEER represents that itorits employees donot have any interest and shall not hereafter acquire any interest, direct orindirect, which would conflict inany manner or degree with the performance of this Agreement. ENGINEER further covenants that it will not hire anyone or any anUb/ having such m conflict of interest during the performance of this Agreement. 23.5 Promotional advertising prohibited. Reference to or use of the C|ty, any of its dapmrtmonta, oQonoiee or other subunits, or any official or employee for commercial promotion is prohibited. News releases pertaining hothis procurement shall not bamade without prior approval oYthe City. Release of broadcast emails pertaining to this procurement shall not be made without prior written authorization ofthe City. 23.8 Time is of the essence. Timely provision of the WORK required under this Agreement shall be of the essence ofthe Agreement, including the provision of the WORK within the time agreed or on a date specified herein. 237 Waiver of breach. /\waiver by either party hereto of breach of the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself ofany subsequent breach thereof. Lonionoy, 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 |natancoa, shall not be construed as m waiver or relinquishment ofany such agreement, covenant, condition orright. 23.8 Force yW jauno. ENGINEER will not be responsible for delays in delivery due hoacts ofGod, fina. strikes, riots, de|oyintnsnappdoUon.orthooeefheotmofepidomnicmmrpondannioathatoou|dnothoVm been reasonably anticipated or mitigated through aobo of the ENGINEER; provided ENGINEER notifies the City immediately in vxriUng 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 bothe 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 YAKIMA ©rfa Baker Printed Name: J i C_tri + Title: City Manager Date: Attest y erk CITY CONTRACT NO' RESOLUTION NO. 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. Printed ,INAW Title: President ,,� Date: 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: CJ Fart Seal or Stamp ,votif tow R. NoTAA 00.107765 �}G Ti Printed Nam My commission expires: J __ Page 15 STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that Benjamin A. Armen, 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: Seal or Stamp 111110 MS Comm. Fires ". cmbet 11, 2026 140696 Title Printed Name My commission expires: / /) 1 / ©,2 SLR Page 16 EXHIBIT A SCOPE OF SERVICES WATER SYSTEM PLAN The City of Yakima AC|TMowns, operates, and maintains a water system which ioa large and complex municipal system serving approximately 19.7OOoonnactionaQ�9.7OODOHaotivemen/icecznnactions\ through a combination of surface water and groundwater sources, multiple pressure zones, and extensive storage and distribution infrastructure. The system includes a 25 million -gallon per day (MGD) surface water treatment plant on the Naches River, groundwater wells with Aquifer Storage and Recovery (ASR) capabilities, approximately 300 miles of water main, and 32 million gallons (MG) of storage. The Washington State Department of Health (DOH) regulates community public water systems. The CITY |o required to update its Water System Plan (WSP) and obtain DOH approval, at or before the current WSP expiration date ofJuly 2O27.inaccordance with the requirements ofVVAC 246-290-100. SCOPE OF SERVICES: ENGINEER will complete water system planning with CITY staff and DOH and prepare the WSP update (PROJECT). The specific WSP content requirements will be established at a pre -plan meeting with the CITY and DOH. The WSP format will generally follow the same plan structure as the existing WSP, in accordance with the requirements of WAC 246-290-100 and related DOH guidance documents. ENGINEER scope of services shall include the following: 1.0 Prolect Manaaernent 1.1 Perform management of overall PROJECT delivery and PROJECT controls, including invoicing for the work performed. 2J0 Water SvstemmPlan Update 2.1 Organize and participate in o pre -plan meeting with CITY staff and [](]H to establish theVVSP update content requirements. 2.2 Prepare mlist ofrequired CITY documentation and data necessary hmbegin preparation of the VVSPupdate. 2.3 Analyze historical consumption and production data hzestablish demand trends for projection of future water supply needs and determination of limiting water system components for continued water system growth. 2.4 Evaluate water quality and treatment in the context of future water regulations. 2.5 Analyze water system hydraulics with City -owned model of system. 2.6 Prepare a Preliminary Draft WSP for review and comment by CITY staff and Council representatives |nPDFformat. Meet with CITY staff and Council representatives hnreview and discuss the Preliminary Draft V\SP. 2.7 Address CITY comments, publish, and transmit the Draft WSP in PDF format for review and comment by DOH and other reviewing authorities. A PDF copy will be provided to the CITY for review. 2.8 Following receipt ofCITY, DOH, and reviewing authority written comments Pnthe draft VVSF, ENGINEER will address the comments osappropriate to develop the Final YV8P.ENGINEER will prepare one (1)paper copy and one (1)PDF copy ofthe Final VVGPfor DOH approval, and one (1) paper copy and one (1) PDF copy to the CITY for Council approval and adoption. 2.8 Assist CITY with water use efficiency (WUE) program updates and goal setting, including attending apublic meeting boadopt new WIL]Egoals and measures. 2.10 Support and attend up to two (2) CITY Council meetings to present the WSP information and answer questions. 2.11 Participate in one (1) to -be -determined public meeting/hearing. Any additional public meetings will be considered additional services This scope of work excludes the development of the following items: • Wellhead Protection Plan, • Coliform Monitoring Plan, • Disinfection Byproducts Monitoring Plan, • Cross -Connection Control Program, or Emergency Response Plan. 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 amount listed below may be revised only by written agreement of both parties. 1.0 Proiect Management Project management shall be performed on a time -spent basis at current hourly billing rates included in EXHIBIT C, plus reimbursement for non -salary expenses for the estimated fee of $22,000. 2.0 Water System Plan Update Work for the water system plan update shall be performed on a time -spent basis at current hourly billing rates included in EXHIBIT C, plus reimbursement for non -salary expenses for the estimated fee of $250,000. Page 18 TASK Employee Classification RATE Licensed Principal Engineer $255 Licensed Professional Engineer $230 Propiet.Engtnejer $189 1.0 Project Management 14 36 36 1.1 Project Management, Invoicing, and Controls 6 12 12 1.2 Project Team Coordination Meetings 8 24 24 Planner $169 EXHIBIT B - ENGINEER'S ESTIMATE City of Yakima Water System Plan HLA Project Number 26111 Adminietrallvo11 $145 Administrativel $112 Contract Administrator I $112 Engineering Technician $112 Toted Labor flours 10 0 9 0 0 105 $22,206 8 38 $7,454 10 1 67 $13,898 4% Annual Escalation for One (1) Year, If Applicable $854 2.0 Water System Plan Update 27 542 246 148 79 40 0 72 1154 $249,631 2.1 Pre -Plan Meeting 4 4 4 12 $2,616 2.2 Prepare List of Documentation for City 12 4 1 17 $3,581 2.3 Analyze Water System Demand Data 1 4 8 13 $2,687 2.4 Evaluate Water Quality and Treatment 24 12 1 37 $7,693 2.5 Analyze Water System Hydraulics 32 80 1 8 121 $23,521 2.6 Preliminary 'Draft of WSP 16 320 120 32 36 20 40 584 $117,745 2.7 Updated Draft of WSP 4 80 20 40 24 16 20 204 $37,472 2.8 Final WSP 2 40 16 24 16 4 4 106 $20,006 2.9 WUE Program Updates 12 16 28 $5,464 2.10 Council Presentations (2) 12 16 28 $5,464 2.11 Additional Public Meeting/Hearing 2 2 4 $838 Subconsultant GeoSyntec $ Amount 11,800 Markup 1,1 $12,980 1.1 $0 4% Annual Escalation for One (1) Year, lf Applicable $9,601 Total Hours 41 578 282 158 79 49 0 72 1259 Total Labor $10,455 $132,940 $53,298 $26,702 $11,455 $5,488 $0 $8,064 DIRECT NON -SALARY EXPENSES $271,838 GRAND TOTAL $271,900 EXHIBIT C SCHEDULE OF RATES FOR HLA EnqNNeerina and Land SunvevNmq,Unc. Effective January 1,2026,through December 31,2026 Senior Principal Engineer $285.00per hour Licensed Principal Engineer $255.00 per hour Licensed Principal Land Surveyor $255.O0per hour Director ofEngineering, Construction, Other $255.00per hour Licensed Professional Engineer $23O.00per hour Other Licensed Professional $23O.O0per hour Project Engineer 11 $211.00per hour Supervisor ofConstruction, Planning, Other $211.DOper hour Licensed Professional Land Surveyor $211.DOper hour Planner ||| $1W3.00per hour Project Engineer 1 $189.00per hour CAD|| $1G8.00per hour Contract Administrator |||. Administrative ||| $172.00 per hour Resident Engineer || $172.00per hour Planner || $16S.00per hour Surveyor || $1O7.ODper hour CAD $184.O0per hour Engineering Technician ||| $155.00per hour Planner $155.O0per hour Resident Engineer | $155.00per hour Surveyor $147.00per hour Surveyor onTwo-Man Crew $147.0Oper hour Contract Administrator ||. Adnninistrativm|| $145.00 per hour Engineering Technician || $145.00per hour Surveyor onThree-Man Crew $123.00per hour Contract Administrator |' Administrative | $112.00 per hour Engineering Technician | $112.00per hour Survey Scanner $158.ODper hour Vehicle YNi|aaQm Fadans| Rate Schedule ofRates may beadjusted during the term ofthis Agreement bothe HL8Standard Hourly Rates in effect at the time. EXHIBIT D Client Name: City of Yakima Project Name: Water System Plan HLA Project No.: 26111 Below is an estimated PROJECT schedule based on receiving a signed Agreement for Professional Services in June 2026 and approval from DOH regarding historical data and planning periods to include in the WSP: Complete DOH Pre -Plan Meeting Submit a request to the CITY for system documentation, including production and consumption data Conduct a site visit to review existing system condition and meet with CITY staff to review O&M and system deficiencies July 2026 July 2026 August 2026 Begin preparation of WSP update background information August 2026 Receive CITY documentation, including production and consumption data August 2026 Submit preliminary draft WSP to CITY for review and comment June 2027 Meet with CITY to review preliminary draft WSP July 2027 Complete and submit the draft WSP to DOH for review and comment July 2027 Receive DOH comments on draft WSP (90-day review period) October 2027 Complete public hearing and adoption of WUE goals and measures December 2027 Incorporate review comments and submit final WSP to DOH for review and approval January 2028 Receive DOH approval to adopt the final WSP (90-day review period) April 2028 Council adoption of final WSP May 2028 Receive DOH approval of final WSP May 2028 Page 21 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.1. For Meeting of: July 7, 2026 Resolution authorizing a Professional Services Agreement with HLA Engineering and Land Surveying, Inc. for the Water System Plan Update SUBMITTED BY: Ken Wilkinson, Acting Public Works Director *Daniel Tiliano, Water/Irrigation Division Manager SUMMARY EXPLANATION: City staff recommends approval of the attached Professional Services Agreement with HLA Engineering and Land Surveying, Inc. (HLA) for preparation of the City of Yakima Water System Plan (WSP) Update. Washington State Department of Health (DOH) regulations require all municipal water systems to maintain a current DOH -approved WSP, updated at least every ten years. The City's current WSP expires in July 2027. This Agreement provides for engineering and planning services required to complete the WSP update, including demand and capacity analysis, hydraulic modeling, water quality evaluation, system planning, Water Use Efficiency (WUE) program updates, public engagement, Council presentations, and coordination with DOH throughout the approval process. HLA is qualified, experienced, and familiar with the City's water system. The not -to -exceed fee is $272,000, consistent with Exhibit B of the Agreement. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: HLA Professional Services Agreement Resolution.docx 26111 Water System Plan - 2026 ENGINEER PROFESSIONAL SERVICES AGREEMENT.pdf 55