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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.H.
For Meeting of: July 21, 2020
ITEM TITLE: Resolution authorizing an agreement with HLA Engineering and
Land Surveying, Inc. to provide stormwater engineering services
SUBMITTED BY: Scott Schafer, Director of Public Works
David Brown,Assistant Director of Public Works
Mike Price, Wastewater/Stormwater Division Manager, 249-6815
SUMMARY EXPLANATION:
This is a Resolution authorizing a 3-year(2020-2022) contract with HLA Engineering and Land
Surveying, Inc. for stormwater system design and engineering services. The contract contains all
the requirements and obligations that must be met for subsequent Task Orders. The Stormwater
Division will submit Task Orders for City Council approval for each project that requires design
and engineering services. The projects are identified from the Stormwater Division's Icom
I nfrastructure Asset Management Program or the current Stormwater Master Plan.
The terms of the agreement would be in an amount not to exceed One Million Dollars
($1,000,000). The 3-year agreement with EXHIBIT A— Scope of Services and EXHIBIT B —
Schedule of Rates is attached.
The City used the Municipal Research and Services Center(MRSC) of Washington Roster, a
statewide small works and consultants roster system, followed by a competitive selection
process, in selecting HLA Engineering and Land Surveying, Inc. to provide the engineering
services.
The first Task Order 2020-01 is for engineering, design, plan and bid preparation and services
during construction for the construction of 2,200 linear feet of new storm drain collection pipe in
Arlington Avenue from South 50th Avenue to South 56th Avenue. The new pipe will provide
stormwater conveyance that will alleviate re-occurring flooding on Arlington Avenue caused by
storm events. The terms of Task Order 2020-01 would be in an amount not to exceed Ninety-
Seven Thousand Three Hundred Dollars ($97,300). Task Order 2020-01 with EXHIBIT 1 —
Professional Services is attached for review.
Funds are budgeted from Stormwater Capital Fund 442.
ITEM BUDGETED: Yes
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STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
D Resolution 6 30 20120 Resolution
HLA Year SIONTWIter EnrxjAgucncill 5:24/2TO Contruct
D Task Order 2020-01 Adington Avenue 6262020 Contract
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RESOLUTION NO. R-2020-
A RESOLUTION authorizing an agreement with HLA Engineering and Land Surveying, Inc.
to provide stormwater system engineering services
WHEREAS, the City of Yakima owns maintains the Stormwater Drainage System in
accordance with applicable Federal, State and Local regulations; and
WHEREAS, the City of Yakima Stormwater Division requires engineering services for
improvements to the stormwater drainage system conveyance, retention, and infiltration facilities
as identified by the Icom Infrastructure Asset Management Program or the current Stormwater
System Master Plan, as otherwise amended; and
WHEREAS, the City of Yakima Stormwater Division representatives have complied with
the provisions of RCW 39.80 which concerns the procurement of engineering and architectural
services by a city in selecting HLA Engineering and Land Surveying, Inc. as the most qualified
Engineering firm to perform the required work; and
WHEREAS, the City of Yakima 2013 Stormwater Master Plan has identified that the
construction of new stormwater pipe in Arlington Avenue from South 50'h Avenue to South 56'h
Avenue will alleviate storm event street flooding on Arlington Avenue; now, therefore
WHEREAS, the City Council has determined that it is in the best interest of the City of
Yakima to enter into a professional services agreement with HLA Engineering and Land
Surveying, Inc., to perform the required engineering services; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute a three-year (2020-2022)
Professional Services Agreement between the City of Yakima and HLA Engineering and Land
Surveying, Inc., in an amount not to exceed One Million Dollars ($1,000,000) to provide
engineering services for the Yakima Stormwater System including Task Order 2020-01 Arlington
Avenue Storm Drain Line Construction in an amount not to exceed Fifty-Four Thousand One
Hundred Dollars ($54,100); a copy of the Agreement and Task Order 2020-01 with Exhibit A and
Exhibit B are attached hereto and by this reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 21' day of July, 2020.
ATTEST: Patricia Byers, Mayor
Sonya Clear Tee, City Clerk
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For City of Yakima Use Only:
Contract No_ AGREEMENT
Project No._
Resolution No.
SOQ No._ BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
HLA ENGINEERING AND LAND SURVEYING, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of , 2020, 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. (HLA), 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 STORMWATER
DIVISION on behalf of the City of Yakima, herein referred to collectively as the "PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for the design
of numerous revisions, additions and updates to the City's stormwater system infrastructure, hereinafter
"the PROJECT", as described in this AGREEMENT, together with 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 AND TERM
1.1 The above recitals are incorporated into these operative provisions of the AGREEMENT. The
contract term for this AGREEMENT shall be for calendar years 2020, 2021, and 2022, unless
otherwise terminated in accordance with the terms herein.
SECTION 2 SCOPE OF SERVICES
2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in
writing by both parties, duties of ENGINEER shall not be construed to exceed those
services specifically set forth herein.
2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign,
Michael T. Battle, PE, as Principal-in-Charge throughout the term of this AGREEMENT
unless other personnel are approved by the CITY.
2.1 Basic Services: ENGINEER agrees to perform those tasks described in EXHIBIT A— PROJECT
SCOPE OF SERVICES (PROJECT) which is attached hereto and made a part of this
AGREEMENT as if fully set forth herein. ENGINEER shall be expected to perform the work
required by each task or group of tasks that shall be specifically assigned by the City for completion
during each year of this contract term. Tasks shall be specifically assigned by individual "Task
Orders," to be approved by the City Council prior to the task order's execution, at such time as the
City requires them to be accomplished. Said Task Orders to include, but not be limited to, the
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specific task description, the not to exceed cost and the time for completion thereof, together with
any special instructions associated with a particular task.
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
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 A— PROJECT
SCOPE OF SERVICES — TASK LIST, attached hereto and incorporated herein by this
reference, and if so authorized, shall be considered part of the PROJECT WORK. The
ENGINEER shall not perform any Additional Services until so authorized by CITY and
agreed to by the ENGINEER in writing.
2.3 The ENGINEER must assert any claim for adjustment in writing within thirty(30)days from the date
of the ENGINEER's receipt of the written notification of change.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY-FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT, including information on any
pre-existing conditions known to the CITY that constitute hazardous waste contamination on the
PROJECT site as determined by an authorized regulatory agency.
3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably
accessible to ENGINEER as required for ENGINEER's performance of its services and will provide
labor and safety equipment as reasonably required by ENGINEER for such access.
3.3 TIMELY REVIEW: The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor,
accountant, auditor, bond and financial advisors, and other consultants as CITY deems
appropriate; and render in writing decisions required of CITY in a timely manner. Such
examinations and decisions, however, shall not relieve the ENGINEER of any contractual
obligations nor of its duty to render professional services meeting the standards of care applicable
to its profession.
3.4 CITY shall appoint a CITY's Representative with respect to WORK to be performed under this
AGREEMENT. CITY's Representative shall have complete authority to transmit instructions and
receive information. ENGINEER shall be entitled to reasonably rely on such instructions made by
the CITY's Representative unless otherwise directed in writing by the CITY, but ENGINEER shall
be responsible for bringing to the attention of the CITY's Representative any instructions which the
ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER's
knowledge.
3.5 Any documents, services, and reports provided by the CITY to the ENGINEER are available solely
as additional information to the ENGINEER and will not relieve the ENGINEER of its professional
duties and obligations under this AGREEMENT or by law. The ENGINEER shall be entitled to
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reasonably rely upon the accuracy and the completeness of such documents, services and reports,
but shall be responsible for exercising customary professional care in using and reviewing such
documents, services, and reports and drawing conclusions therefrom.
SECTION 4 AUTHORIZATION, PROGRESS,AND COMPLETION
4.1 In signing this AGREEMENT, CITY and ENGINEER agree that at such time as the CITY provides
ENGINEER specific written authorization to proceed with one or more of the tasks described in
EXHIBIT A by Task Order ENGINEER shall begin work on said Task Order. The time for
completion of each task shall be stated in the Task Order.
SECTION 5 COMPENSATION
5.1 COMPENSATION SHALL BE INVOICED MONTHLY ON A TIME SPENT BASIS AT SPECIFIC
HOURLY RATES: For the services described in EXHIBIT A, monthly compensation invoices
shall be calculated according to EXHIBIT B—SCHEDULE OF RATES, attached hereto and
incorporated herein by this reference, on a time spent basis plus reimbursement for direct non-
salary expenses. The total compensation paid for each individual task shall not exceed the total
value identified in each Task Order without prior written approval of the City.
5.1.1 DIRECT NON-SALARY EXPENSES: Direct Non-Salary Expenses are those costs
incurred on or directly for the PROJECT, including, but not limited to, necessary
transportation costs, including current rates for ENGINEER's vehicles; meals and lodging;
laboratory tests and analyses; printing, binding and reproduction charges; all costs
associated with other outside nonprofessional services and facilities; special CITY-
requested and PROJECT-related insurance and performance warranty costs; and other
similar costs. Reimbursement for Direct Non-Salary Expenses will be on the basis of actual
charges plus a reasonable markup, not to exceed ten percent (10%), and on the basis of
current rates when furnished by ENGINEER.
5.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the ENGINEER and each of the
Subconsultants in connection with PROJECT WORK; provided, as follows:
• That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents
per mile will be paid for the operation, maintenance, and depreciation
costs of company or individually owned vehicles for that portion of time
they are used for PROJECT WORK. ENGINEER, whenever possible, will
use the least expensive form of ground transportation.
• That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person. This rate may be
adjusted on a yearly basis.
5.1.2 Telephone charges, computer charges, in-house reproduction charges, first class postage,
and FAX charges are not included in the direct expense costs, but are considered included
in the Schedule of Specific Hourly Billing Rates.
5.1.3 Professional Subconsultants. Professional Subconsultants are those costs for
engineering, architecture, 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.
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT
shall not exceed One Million Dollars ($1,000,000) during the term of the agreement. The
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ENGINEER shall make all reasonable efforts to complete each Task Order within the budget
established for that Task Order, and will keep CITY informed of progress toward that end so that
the budget or Task Order can be adjusted if found necessary. The ENGINEER is not obligated to
incur costs beyond the indicated Task Order budget, as may be adjusted, nor is the CITY obligated
to pay the ENGINEER beyond these limits. When any Task Order 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 and approved of the additional costs prior to the time such costs were incurred.
5.3 The ENGINEER shall submit to the CITY's Representative an invoice each month for payment for
PROJECT services completed through the accounting cut-off day of the previous month. Such
invoices shall be for PROJECT services and WORK performed and costs incurred prior to the date
of the invoice and not covered by previously submitted invoices. The ENGINEER shall submit with
each invoice identification of the work performed by Task Order, a summary of time expended on
the PROJECT for the current billing period, copies of subconsultant invoices, and any other
supporting materials determined by the CITY necessary to substantiate the costs incurred. CITY
will use its best efforts to pay such invoices within thirty (30) days of receipt and upon approval of
the WORK done and amount billed. CITY will notify the ENGINEER promptly if any problems are
noted with the invoice. CITY may question any item in an invoice, noting to ENGINEER the
questionable item(s) and withholding payment for such item(s). The ENGINEER may resubmit
such item(s) in a subsequent invoice together with additional supporting information requested.
5.4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on the
unpaid balance shall accrue beginning with the sixty-first (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).
5.5 Final payment of any balance due the ENGINEER for PROJECT services will be made within forty-
five (45) days after satisfactory completion of the services required by this AGREEMENT as
evidenced by 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.
5.6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY
of any claims, right, or remedy it may have against the ENGINEER under this AGREEMENT or by
law, nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure or
fault of the ENGINEER to satisfactorily perform the PROJECT WORK as required under this
AGREEMENT.
SECTION 6 RESPONSIBILITY OF ENGINEER
6.1 The ENGINEER shall be responsible for the professional quality, technical adequacy and accuracy,
timely completion, and the coordination of all plans, 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
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consistent with achieving the PROJECT WORK within budget, on time, and in compliance with
applicable laws, regulations, and permits.
6.2 CITY's review or approval of, or payment for, any plans, drawings, designs, specifications, reports,
and incidental WORK or services furnished hereunder shall not in any way relieve the ENGINEER
of responsibility for the technical adequacy, completeness, or accuracy of its WORK and the
PROJECT WORK. CITY's review, approval, or payment for any of the services shall not be
construed to operate as a waiver of any rights under this AGREEMENT or at law or any cause of
action arising out of the performance of this AGREEMENT.
6.3 In performing WORK and services hereunder, the ENGINEER and its subcontractors,
subconsultants, employees, agents, and representatives shall be acting as independent
contractors and shall not be deemed or construed to be employees or agents of CITY in any manner
whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an officer or employee of
CITY by reason hereof and 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.
6.4 INDEMNIFICATION:
6.4.1 ENGINEER agrees to defend, indemnify, and hold harmless the CITY, its elected and
appointed officials, agents, officers, employees and volunteers (hereinafter "parties
protected")from(1) claims, demands, liens, lawsuits, administrative and other proceedings
(including reasonable costs and attorney's fees), and (2) judgments, awards, losses,
liabilities, damages, penalties, fines, costs and expenses of any kind claimed by third
parties arising out of, or related to any death, injury, damage or destruction to any person
or any property to the extent caused by any negligent act, action, default, error, omission
or willful misconduct arising out of the ENGINEER's performance under this AGREEMENT.
In the event that any lien is placed upon the CITY's property or any of the CITY's officers,
employees or agents as a result of the negligence or willful misconduct of the ENGINEER,
the ENGINEER shall at once cause the same to be dissolved and discharged by giving
bond or other necessary satisfaction.
6.4.2 CITY agrees to indemnify and hold the ENGINEER harmless from loss, cost, or expense
of any kind claimed by third parties, including without limitation such loss, cost, or expense
resulting from injuries to persons or damages to property, caused solely by the negligence
or willful misconduct of the CITY, its employees, or agents in connection with the
PROJECT.
6.4.3 If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person
identified above for whom each is liable) is a cause of such third-party claim, the loss, cost,
or expense shall be shared between the ENGINEER and the CITY in proportion to their
relative degrees of negligence or willful misconduct and the right of indemnity will apply for
such proportion.
6.4.4 Nothing contained in this Section or this AGREEMENT shall be construed to create a
liability or a right of indemnification in any third party.
6.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this AGREEMENT shall not be limited in any way by any limitation
on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER
or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other
employee benefit acts. 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.
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6.6 It is understood that any resident engineering or inspection provided by ENGINEER is for the
purpose of determining compliance with the technical provisions of PROJECT specifications and
does not constitute any form of guarantee or insurance with respect to the performance of a
contractor. ENGINEER does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for contractors' compliance with laws
and regulations. CITY shall use its best efforts to ensure that the construction contract requires
that the contractor(s) indemnify and name CITY, the CITY's and the ENGINEER's officers,
principals, employees, agents, representatives, and engineers as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability.
6.7 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observation, exploration, and investigations
have been made. Because of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect total PROJECT cost and/or
execution. These conditions and cost/execution effects are not the responsibility of the
ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate standard
of professional care, thoroughness and judgment in such investigations.
SECTION 7 PROJECT SCHEDULE AND BUDGET
7.1 The general PROJECT task schedules and the budgets for each task identified in subsequent Task
Orders shall be as set forth in this AGREEMENT, the attachments hereto and the individual Task
Orders. The PROJECT schedule and performance dates for the individual tasks shall be mutually
agreed to by the CITY and the ENGINEER. The performance dates and budgets for tasks may be
modified only upon written agreement of the parties hereto. The performance date for tasks shall
not be extended, nor the budget increased because of any unwarranted delays attributable to the
ENGINEER, but may be extended or increased by the CITY in the event of a delay caused by
special services requested by the CITY or because of unavoidable delay caused by any
governmental action or other conditions beyond the control of the ENGINEER which could not be
reasonably anticipated.
7.2 Not later than the tenth (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 8 REUSE OF DOCUMENTS
8.1 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.
8.2 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 vested in the CITY.
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8.3 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter
"Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual
Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER
does not grant CITY any right or license to such Intellectual Property.
SECTION 9 AUDIT AND ACCESS TO RECORDS
9.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and other
evidence directly pertinent to performance of the WORK under this AGREEMENT in accordance
with generally accepted accounting principles and practices consistently applied. The CITY, or the
CITY's duly authorized representative, shall have access to such books, records, documents, and
other evidence for inspection, audit, and copying for a period of three years after completion of the
PROJECT. The CITY shall also have access to such books, records, and documents during the
performance of the PROJECT WORK, if deemed necessary by the CITY, to verify the ENGINEER's
WORK and invoices.
9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
9.3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the ENGINEER is afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any supporting documentation on
the pertinent portions of the draft audit report and that the final audit report will include ENGINEER's
written comments, if any.
9.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the PROJECT.
9.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY.
SECTION 10 INSURANCE
10.1 At all times during performance of the WORK, 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
ENGINEER shall be named as an additional insured for such higher limits.
10.1.1 Commercial General Liability Insurance. Before this AGREEMENT is fully executed by
the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of
commercial liability insurance and commercial umbrella liability insurance with a total
liability limit of the limits required in the policy, subject to minimum limits of Two Million
Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate shall
clearly state who the provider is, the coverage amount, the policy number, and when the
policy and provisions provided are in effect. Said policy shall be in effect for the duration
of this AGREEMENT. The policy shall name the CITY, its elected 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.
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Subcontractors: If subcontractors will be used, the same terms and limits of coverage will
apply, and a certificate will be required per the instructions above.
10.1.2. 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
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.
10.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
10.1.4. Professional Liability Coverage. Before this Contract is fully executed by the parties,
ENGINEER shall provide the CITY with a certificate of insurance as proof of professional
liability coverage with a total liability limit of the limits required in the policy, subject to
minimum limits of Two Million Dollars ($2,000,000.00) per claim, and Two Million Dollars
($2,000,000.00) aggregate. The certificate shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided are in
effect. Said policy shall be in effect for the duration of this 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.
SECTION 11 SUBCONTRACTS
11.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract
any portion of the WORK to be performed under this AGREEMENT.
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11.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any
substitutions thereof, will be subject to prior approval by CITY, which approval shall not be
unreasonably withheld. Each subcontract shall be subject to review by the CITY's Representative,
if requested, prior to the subconsultant or subcontractor proceeding with the WORK. Such review
shall not constitute an approval as to the legal form or content of such subcontract. The ENGINEER
shall be responsible for the architectural and engineering performance, acts, and omissions of all
persons and firms performing subcontract WORK.
11.3 CITY hereby authorizes the ENGINEER to subcontract with additional persons or firms, with prior
approval of the CITY, for the purpose of completing this AGREEMENT.
11.4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK completed
by subconsultants and subcontractors during the preceding month and copies of all invoices
thereto.
SECTION 12 ASSIGNMENT
12.1 This AGREEMENT is binding on the heirs, successors and assigns of the parties hereto. This
AGREEMENT may not be assigned by CITY or ENGINEER without prior written consent of the
other, which consent will not be unreasonably withheld. It is expressly intended and agreed that no
third-party beneficiaries are created by this AGREEMENT, and that the rights and remedies provided
herein shall inure only to the benefit of the parties to this AGREEM ENT.
SECTION 13 INTEGRATION
13.1 This AGREEMENT represents the entire understanding of CITY and ENGINEER as to those
matters contained herein. No prior oral or written understanding shall be of any force or effect with
respect to those matters covered herein. This AGREEMENT may not be modified or altered except
in writing signed by both parties.
SECTION 14 JURISDICTION AND VENUE
14.1 This AGREEMENT shall be administered and interpreted under the laws of the State of
Washington. Jurisdiction of litigation arising from this AGREEMENT shall be in 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, State of Washington.
SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION
15.1 During the performance of this AGREEMENT, ENGINEER and ENGINEER's subconsultants and
subcontractors shall not discriminate in violation of any applicable federal, state and/or local law or
regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any
other classification protected under federal, state, or local law. This provision shall include but not
be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, selection for training, and the
provision of services under this AGREEMENT. ENGINEER agrees to comply with the applicable
provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and
regulations.
SECTION 16 SUSPENSION OF WORK
16.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this
AGREEMENT if unforeseen circumstances beyond CITY's control are interfering with normal
progress of the WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the
WORK under this AGREEMENT if unforeseen circumstances beyond ENGINEER's control are
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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 AGREEM ENT
are subject to renegotiation, and both parties are granted the option to terminate WORK on the
suspended portion of PROJECT in accordance with SECTION 17.
SECTION 17 TERMINATION OF WORK
17.1 Either party may terminate this AGREEMENT, in whole or in part, if the other party materially
breaches its obligations under this AGREEMENT and is in default through no fault of the
terminating party. However, no such termination may be effected unless the other party is given:
(1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt
requested, of intent to terminate; and (2) an opportunity for consultation and for cure with the
terminating party before termination. Notice shall be considered issued within seventy-two (72)
hours of mailing by certified mail to the place of business of either party as set forth in this
AGREEMENT.
17.2 In addition to termination under subsection 17.1 of this Section, CITY may terminate this
AGREEMENT for its convenience, in whole or in part, provided the ENGINEER is given: (1) not
less than fifteen (15) calendar days written notice delivered by certified mail, return receipt
requested, of intent to terminate; and (2) an opportunity for consultation with CITY before the
effective termination date.
17.3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price
pursuant to the AGREEMENT shall be made, but (1) no amount shall be allowed for anticipated
profit on unperformed services or other WORK, and (2) any payment due to the ENGINEER at the
time of termination may be adjusted to the extent of any additional costs or damages CITY has
incurred, or is likely to incur, because of the ENGINEER's breach. In such event, CITY shall
consider the amount of WORK originally required which was satisfactorily completed to date of
termination, whether that WORK is in a form or of a type which is usable and suitable to CITY at
the date of termination and the cost to CITY of completing the WORK itself or of employing another
firm to complete it. Under no circumstances shall payments made under this provision exceed the
contract price. In the event of default, the ENGINEER agrees to pay CITY for any and all damages,
costs, and expenses whether directly, indirectly, or consequentially caused by said default. This
provision shall not preclude CITY from filing claims and/or commencing litigation to secure
compensation for damages incurred beyond that covered by contract retainage or other withheld
payments.
17.4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience,
the adjustment pursuant to the AGREEMENT shall include payment for services satisfactorily
performed to the date of termination, in addition to termination settlement costs the ENGINEER
reasonably incurs relating to commitments which had become firm before the termination, unless
CITY determines to assume said commitments.
17.5 Upon receipt of a termination notice under subsections 17.1 or 17.2 above, the ENGINEER shall
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to CITY all originals of data, drawings, specifications, calculations,
reports, estimates, summaries, and such other information, documents, and materials as the
ENGINEER or its subconsultants may have accumulated or prepared in performing this
AGREEMENT, whether completed or in progress, with the ENGINEER retaining copies of the
same.
17.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK
to completion utilizing other qualified firms or individuals; provided, the ENGINEER shall have no
responsibility to prosecute further WORK thereon.
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17.7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined
that the ENGINEER has not so failed, the termination shall be deemed to have been affected for
the convenience of CITY. In such event, the adjustment pursuant to the AGREEMENT shall be
determined as set forth in subparagraph 17.4 of this Section.
17.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the
ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its
obligations to complete performance under this AGREEMENT without the concurrence and written
approval of CITY. If CITY agrees to termination of this AGREEMENT under this provision, payment
shall be made as set forth in subparagraph 17.3 of this Section.
SECTION 18 DISPUTE RESOLUTION
18.1 In the event that any dispute shall arise as to the interpretation or performance of this
AGREEMENT, or in the event of a notice of default as to whether such default does constitute a
breach of the contract, and if the parties hereto cannot mutually settle such differences, then the
parties shall first pursue mediation as a means to resolve the dispute. If neither of the afore
mentioned methods are successful then any dispute relating to this Agreement shall be decided in
the courts of Yakima County, in accordance with SECTION 14. If both parties consent in writing,
other available means of dispute resolution may be implemented.
SECTION 19 NOTICE
19.1 Any notice required to be given under the terms of this AGREEMENT shall be directed to the party
at the address set forth below. Notice shall be considered issued and effective upon receipt thereof
by the addressee-party, or seventy-two (72) hours after mailing by certified mail to the place of
business set forth below, whichever is earlier.
CITY: City of Yakima
Attn: Randy Meloy, PE, Surface Water Engineer
220 E. Viola Ave.
Yakima, WA 98902
ENGINEER: HLA Engineering and Land Surveying, Inc. (HLA)
Attn: Michael T. Battle, PE, President
2803 River Road
Yakima, WA 98902
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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 HLA ENGINEERING AND LAND SURVEYING, INC.
Signature Signature
Printed Name: Printed Name: Michael T. Battle, PE
Title: Title: President
Date: Date:
Attest
City Clerk
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STATE OF WASHINGTON
ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he
was authorized to execute the instrument, and acknowledged it as the of the
CITY OF YAKIMA, to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
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STATE OF WASHINGTON
ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that Michael T. Battle, 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 Engineerinq and Land Surveying, Inc. to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
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EXHIBIT A
PROJECT SCOPE OF SERVICES
CITY OF YAKIMA
STORMWATER DIVISION CAPITAL IMPROVEMENTS
Perform Engineering services as requested by the CITY for the Stormwater Division Capital Improvements.
CITY shall create Task Order(s) for each specific task assigned. All Task Orders will be mutually agreed
upon for specific scope of work, time of performance and fee for service, prior to approval by the CITY and
any commencement of work. Each invoice prepared by ENGINEER shall specify the TASK ORDER for
which payment is requested, the work performed thereon during the invoice period and any specific
information related to the identified Tasks.
The contract term for this AGREEMENT shall be for calendar years 2020, 2021, and 2022. Task Orders in
progress and budgeted during this term shall be completed in accordance with the approved schedule for
each Task Order.
The Stormwater Division Capital Improvements shall be based on the following, as directed by the CITY:
Stormwater Collection System Plan, dated July 2013, or as otherwise amended; and
Areas of high need repairs and upgrades to the existing collection system as identified by the City
All Task Orders will be based on improvements identified in these Plans. These Plans are subject to change
by the CITY as individual projects are completed and/or new areas of concern are identified. Improvements
will be prioritized by the CITY and Task Orders developed accordingly.
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EXHIBIT B
SCHEDULE OF RATES
FOR
HLA Engineering and Land Surveying, Inc.
Effective January 1, 2020, through December 31, 2020
Senior Principal Engineer $215.00 per hour
Licensed Principal Land Surveyor $207.00 per hour
Licensed Principal Engineer $193.00 per hour
Licensed Professional Engineer $175.00 per hour
Other Licensed Professional $175.00 per hour
Licensed Professional Land Surveyor $160.00 per hour
Project Engineer $145.00 per hour
Senior Planner $132.00 per hour
Contract Administrator $132.00 per hour
CAD Technician $127.00 per hour
Resident Engineer/Inspector $119.00 per hour
Senior Engineering Technician $119.00 per hour
Surveyor $119.00 per hour
Surveyor on Two Man Crew $113.00 per hour
Surveyor on Three Man Crew $101.00 per hour
Engineering Technician $84.00 per hour
Word Processing Technician $84.00 per hour
Vehicle Mileage Federal Rate
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EXHIBIT B
SCHEDULE OF RATES
FOR
HLA Engineering and Land Surveying, Inc.
Effective January 1, 2021, through December 31, 2021
Senior Principal Engineer $222.00 per hour
Licensed Principal Land Surveyor $210.00 per hour
Licensed Principal Engineer $200.00 per hour
Licensed Professional Engineer $180.00 per hour
Other Licensed Professional $180.00 per hour
Licensed Professional Land Surveyor $164.00 per hour
Project Engineer $150.00 per hour
Senior Planner $136.00 per hour
Contract Administrator $136.00 per hour
CAD Technician $130.00 per hour
Resident Engineer $122.00 per hour
Senior Engineering Technician $122.00 per hour
Surveyor $122.00 per hour
Surveyor on Two Man Crew $115.00 per hour
Surveyor on Three Man Crew $102.00 per hour
Engineering Technician $87.00 per hour
Word Processing Technician $87.00 per hour
Vehicle Mileage Federal Rate
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EXHIBIT B
SCHEDULE OF RATES
FOR
HLA Engineering and Land Surveying, Inc.
Effective January 1, 2022, through December 31, 2022
Senior Principal Engineer $229.00 per hour
Licensed Principal Land Surveyor $213.00 per hour
Licensed Principal Engineer $208.00 per hour
Licensed Professional Engineer $188.00 per hour
Other Licensed Professional $185.00 per hour
Licensed Professional Land Surveyor $167.00 per hour
Project Engineer $155.00 per hour
Contract Administrator $142.00 per hour
Senior Planner $138.00 per hour
CAD Technician $133.00 per hour
Resident Engineer $126.00 per hour
Senior Engineering Technician $126.00 per hour
Surveyor $124.00 per hour
Surveyor on Two Man Crew $117.00 per hour
Surveyor on Three Man Crew $104.00 per hour
Engineering Technician $90.00 per hour
Word Processing Technician $90.00 per hour
Vehicle Mileage Federal Rate
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TASK ORDER NO. 2020-01
REGARDING AGREEMENT BETWEEN CITY OF YAKIMA
(CITY CONTRACT NO. 2020- , RESOLUTION NO. R-2020- )
AND
HLA ENGINEERING AND LAND SURVEYING, INC., (HLA)
PROJECT DESCRIPTION:
Stormwater Division Capital Improvements
Arlington Avenue Storm Drain Line—50th Ave. to 56th Ave. (PROJECT)
HLA Project No. 20_E
The City of Yakima (CITY)desires to Construct approximately 2,200 linear feet of new storm drain collection
pipe in Arlington Avenue, from the existing 33-inch City storm drain line near S. 50th Avenue to the
intersection with S. 56th Avenue. The new drain line shall connect to existing storm drainage collection
systems and shall flow from west to east.
SCOPE OF SERVICES:
At the direction of the CITY, HLA Engineering and Land Surveying, Inc. (HLA), shall provide professional
engineering and land surveying services for the PROJECT. HLA services shall include:
1.0 Design Engineering
1.1 Provide complete PROJECT management to deliver the PROJECT within mutually determined
expectations.
1.2 Attend two (2) PROJECT meetings with CITY staff at 60% and 90% plan completion to fully
review all elements of the PROJECT.
1.3 Perform detailed survey of the area necessary to design the identified improvements, including
locating and identifying existing utilities and invert elevation measurements of existing
infrastructure.
1.4 Assist CITY with preparing informational pamphlets for CITY distribution to nearby property
owners, as requested.
1.5 Perform the preliminary design and present 60% preliminary plans to the CITY prior to detailing
final Plans.
1.6 Review and discuss 60% preliminary plans with CITY staff.
1.7 Incorporate CITY 60% review comments and prepare draft 90% design plans, specifications,
and construction cost estimate (PS&E) for review and approval by CITY.
1.8 Incorporate CITY 90% review comments and prepare final design PS&E for publicly-bid
improvements.
1.9 Following receipt of authorization from CITY, prepare advertisement for bids and provide to the
CITY for use and implementation. All fees associated with bidding will be paid by the CITY.
1.10 Upon authorization from the CITY, furnish electronic copies of the final documents suitable for
bidding. It is anticipated that one (1) complete set of plans and specifications for one (1) bid
call/solicitation will be prepared. Additional bid packages will be considered additional services.
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Six (6) printed copies of the contract documents will be made for later distribution to the CITY
and Contractor after contracts are awarded.
1.11 Submit bid advertisement to the Yakima Herald Republic, if desired by the City.
1.12 Post contract plans and specifications to the HLA website for bidding purposes.
1.13 Prepare and maintain planholders list, including CITY staff, private utility companies, and plan
centers.
1.14 Answer and supply such information as requested by prospective bidders.
1.15 Prepare and issue addenda, if necessary.
1.16 Attend bid opening and participate in the bid evaluation process.
1.17 Prepare tabulation of all bids received by the CITY and review bidder's qualifications.
1.18 Make recommendation of construction contract award to the lowest responsible bidder.
1.19 Coordinate execution of the Contract with the CITY and Contractor, including review of bond
and insurance requirements.
1.20 Prepare Notice of Award and for transmittal to the Contractor.
2.0 Construction Engineering
2.1 Coordinate and facilitate preconstruction meeting with the CITY, Contractor, private utilities,
and affected agencies.
2.2 Prepare and issue notice to proceed to the Contractor.
2.3 Assist CITY with preparing construction impacts informational pamphlets for CITY distribution
to nearby property owners, as requested.
2.4 Furnish a qualified resident engineer (inspector) to observe construction at the PROJECT site
during all significant work. The resident engineer shall provide surveillance of construction for
substantial compliance with plans and specifications.
2.5 Perform measurement and computation of pay items, prepare and file progress reports on the
PROJECT with the CITY, and provide monthly progress pay estimates to the CITY.
2.6 Administer bi-weekly construction meetings as requested by CITY.
2.7 Consult and advise the CITY during construction and make a final report of the completed work.
2.8 The CITY is required to monitor the Contractor's payment of prevailing wage rates. As part of
construction services, HLA will monitor General Contractor and Subcontractor compliance with
State labor standards during the construction phase of the PROJECT. This work includes
checking monthly certified payrolls, conducting employee interviews in the field, and issuing
letters of non-compliance and/or letters of missing documents.
2.9 Review Contractor's submission of samples and shop drawings, where applicable.
2.10 Recommend progress payments for the Contractor to the CITY.
2.11 Prepare and submit proposed contract change orders when applicable.
2.12 Perform final walk-through with the CITY and Contractor, and issue final punchlist.
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2.13 Prepare and furnish reproducible record drawings of all completed work from as-built drawings
furnished by the resident engineer and Contractor.
3.0 Additional Services
Provide professional engineering and land surveying services for additional work requested by the CITY
that is not included above.
4.0 Items to be Furnished and Responsibility of CITY
The CITY will provide or perform the following:
4.1 Provide full information as to CITY requirements of the PROJECT.
4.2 Assist HLA by providing all available information pertinent to the PROJECT, including previous
reports, drawings, plats, surveys, utility records, and any other data relative to design and
construction of the PROJECT.
4.3 Contact property owners affected by the PROJECT and gain necessary access to property for
field investigation, design, and construction of improvements.
4.4 Examine all studies, reports, sketches, estimates, specifications, drawings, proposals, and
other documents presented by HLA and provide written decisions within a reasonable time as
not to delay the work of HLA.
4.5 Obtain approval of all governmental authorities having jurisdiction over the PROJECT and
approvals and consents from other individuals or bodies as necessary for completion of the
PROJECT.
4.6 Pay for project bid advertisement costs.
4.7 Pay for all necessary testing costs and permit fees.
TIME OF PERFORMANCE:
The services called for under this Task Order shall be completed as follows:
1.0 Design Engineering
60% preliminary plans shall be completed within sixty (60) calendar days following receipt of signed Task
Order. Each successive plan review set(90% and final) shall be completed within thirty (30) calendar days
of comment receipt from previously submitted set.
2.0 Construction Engineering
Engineering services during construction for the PROJECT shall begin upon construction contract award
by the CITY to the lowest responsible bidder and shall extend through both the completion of construction
and completion of as-constructed drawings and labor documentation closeout, as requested and directed
by the CITY. A maximum of twenty-five (25) working days has been assumed for the construction of
improvements. Should the Contractor be granted time extensions for construction completion due to
recognized delays, requested additional work, and/or change orders, engineering services beyond the
twenty-five (25) working days shall be considered additional services.
3.0 Additional Services
Time of completion for work directed by the CITY under additional services shall be negotiated and mutually
agreed upon at the time of service requested by the CITY.
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FEE FOR SERVICE:
For the services furnished by HLA as described under this Task Order, the CITY agrees to pay HLA the
fees as set forth herein. The amounts listed below may be revised only by written agreement of both parties.
1.0 Design Engineering
All work shall be performed on a time-spent basis at the normal hourly billing rates in affect at time of the
Task Order. All work directed by the CITY for this PROJECT phase shall be performed on a time-spent
basis at the hourly billing rates provided in EXHIBIT B of the Agreement (City Contract No. 2020- ,
Resolution No. R-2020- ), plus reimbursement for direct non-salary expenses as described in section
5.1.1. An estimate of time and expenses for services is provided in EXHIBIT 1 below. The estimated
maximum fee for this work is $43,200.
2.0 Construction Engineering
All work shall be performed on a time-spent basis at the normal hourly billing rates in affect at time of the
Task Order. All work directed by the CITY for this PROJECT phase shall be performed on a time-spent
basis at the hourly billing rates provided in EXHIBIT B of the Agreement (City Contract No. 2020- ,
Resolution No. R-2020- ), plus reimbursement for direct non-salary expenses as described in section
5.1.1. An estimate of time and expenses for services is provided in EXHIBIT 1 below. The estimated
maximum fee for this work is $54,100.
3.0 Additional Services
Any additional work requested by the CITY that is not included above shall be authorized by the CITY and
agreed upon by HLA in writing prior to proceeding with the services. HLA will perform the additional services
as directed/authorized by the CITY on a time-spent basis at the hourly billing rates included in our General
Agreement, plus reimbursement for direct non-salary expenses such as laboratory testing, printing
expenses, vehicle mileage, out-of-town travel costs, and outside consultants.
Proposed:
HLA Engineering and Land Surveying, Inc. Date
Michael T. Battle, PE, President
Approved:
City of Yakima Date
City Manager
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EXHIBIT 1 — PROFESSIONAL SERVICES
During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection
with the following project:
Arlington Avenue Storm Drain Line—50th Ave.to 56th Ave. (PROJECT)
Task Order No. 2020-01
HLA Project No. 20_E
For the services described in Task Order No. 2020-01, compensation shall be paid per Section 5 of the
Agreement (City Contract No. 2020-_, Resolution No. R-2020- ). The following spreadsheet shows
the estimated time and expenses to perform said services.
Project Title: Arlington Avenue Storm Drain Line(Task Order 2020-01)
Client: City of Yakima
City Contract Number: 2020-
Date: June 1,2020 ENGINEER'S HOURLY ESTIMATE
Senior Licensed Project Licensed Two Man CAD Word
Task Principal Principal Engineer Land Survey Technician Processing Total Task Direct
Project Task Hours Costs
No. Engineer Engineer r Surveyor Crew Technician
8215 $193 6145 _ 6160 6113 6127 684
1.0 DESIGN ENGINEERING
1 Project Management 6 4 0 0 0 0 1 11 $2,146
2 Project Meetings 0 4 6 0 0 2 1 13 $1,980
3 Field investigations and field surveying 0 1 2 4 16 6 0 29 $3,693
4 Preliminary design(6OX and 90Y.) 2 15 32 6 2 64 2 123 117,447
5 In-house project review,quality control 1 2 2 0 1 0 1 7 $1,088
6 Incorporate Agency review comments 0 2 4 0 0 8 2 16 $2,150
7 Final design,plans,and specifications 2 4 18 0 2 36 2 64 $8,778
8 Prepare estimate of construction cost 0 2 6 0 0 4 0 12 $1,764
9 Copies of plans and specifications 0 0 0 0 0 0 2 2 $168
10 Answer bidder questions 0 1 4 0 0 0 0 5 $773
11 Prepare and Issue addenda 0 1 4 0 0 2 2 9 $1,185
12 Auend bid opening 0 2 2 0 0 0 0 4 $676
13 Prepare tabulation of bids 0 1 2 0 0 0 4 7 $819
14 Make recommendation of contract award 0 1 0 0 0 0 1 2 $277
Labor Subtotal 11 40 82 10 21 122 18 304 $42,954
EXPENSES:
Travel: Cest/Unit Ground Days f}ays Miles
Mileage $0.58 115 $67.00
MealsrLodging $0,00 r I - -
Misc.Expenses:
Advertisement r
Telephone
Postage
Printing 6 copies plansfspecs $179.00
Sub-Consultants;
None Anticipated $0.00 I Muhiplier 11 $0.00
Subtotal-Labor $42,954,00
Subtotal-EKpenses $246,00
Total-DESIGN ENGINEERING $43,200.00
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EXHIBIT 1 — PROFESSIONAL SERVICES (Continued)
During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection
with the following project:
Arlington Avenue Storm Drain Line—50th Ave.to 56th Ave. (PROJECT)
Task Order No. 2020-01
HLA Project No. 20_E
For the services described in Task Order No. 2020-01, compensation shall be paid per Section 5 of the
Agreement (City Contract No. 2020- , Resolution No. R-2020- ). The following spreadsheet shows
the estimated time and expenses to perform said services.
Project Title: Arlington Avenue Storm Drain Line(Task Order 2020-01)
Client: City of Yakima
City Contract Number 2020-
Date: June 1,2020 ENGINEER'S HOURLY ESTIMATE
Senior Licensed Project Licensed Resident Surveyor on Contract Engineering
Task Project Task Principal Principal Engineer Professional Engineer/ 2-man Crew Administrator Technician Total Task Direct
No. Engineer Engineer ,Land Surveyor inspector Hours Costs
_ S215 S193 S145 _ S160 S119 S113 S132 584
2.0 CONSTRUCTION ENGINEERING
1 Assist City with Review/Contract Prep, 0 1 2 0 0 0 2 3 8 $999
2 Conduct Pre-Construction Meeting 0 2 2 0 2 0 2 1 9 $1.262
3 Construction Observation(25d) 2 4 12 0 233 0 4 2 257 $31,365
4 Construction Surveying 0 0 2 4 1 16 0 0 23 $2,857=
5 Field Inspection Reports 0 1 2 0 8 0 2 2 15 $1,867
6 Construction Administration 0 2 4 0 0 0 12 6 24 $3,054
7 Construction Meetings 1 2 6 0 8 0 0 4 21 $2,759
8 Submittal Review 0 1 4 0 2 0 2 6 15 $1,773
•
9 State Labor Standards Compliance 0 0 0 0 1 0 1 8 10 E323
10 Progress Payments 1 1 4 0 4 0 4 2 16 $2,160
11 Change Orders 0 1 4 0 2 0 2 1 10 $1,359
12 Final Walk-ThroughfPunchlist 1 1 2 0 2 0 0 1 7 $1,020
13 Project Closeout 1 1 2 0 1 0 1 1 7 $1,033
14 Record Drawings 0 1 2 0 4 0 2 1 10 $1,307
Labor Subtotal 6 18 48 4 268 16 34 38 432 S53.744,
EXPENSES:
Travel: Cost/Unit Ground Days Miles
Mileage $0.580 614 $356.12
Meals?Lodging $0.00 ,
Misc.Expenses:
Advertisement
Telephone .
Postage
Outside Printing 30 copies plansfspecs _
Sub-Consultants:
None Anticipated $0,001 I I Multiplier 1.1 $0,00
Subtotal-Labor 153,744.00
Subtotal-Expenses $355,00
Total-CONSTRUCTION SERVICES $5,1,100.00
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