HomeMy WebLinkAbout02/02/2021 04E Professional Services for North First Street Revitalization (Phases 2 & 3); HLA Engineering and Land Surveying, Inc. ti i..asxntntj kd
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.E.
For Meeting of: February 2, 2021
ITEM TITLE: Resolution authorizing a contract with HLA Engineering and Land
Surveying, Inc for Professional Services for the North First Street
Revitalization (Phases 2 and 3) Project
SUBMITTED BY: Scott Schafer, Public Works Director
Bill Preston, City Engineer- (509) 576-6754
SUMMARY EXPLANATION:
The City of Yakima had previous Agreement 2015-054 with HLA Engineering and Land
Surveying, Inc. for Phase 2 of the North First Street Revitalization Project; providing 90% plans,
specifications, and estimate (PS&E).
This Agreement provides for the completion of the North First Street Revitalization Phase 2
design and bid documents. It also provides for construction engineering required for Phase 2 as
well as the completed design and bid documents for Phase 3. It is anticipated that construction
of Phase 2 of the project will begin in March 2021.
Attached for City Council review is the Agreement with HLA Engineering and Land Surveying,
Inc. in an amount not to exceed Seven Hundred Fifty-Seven Thousand One Hundred Fifty
Dollars ($757,150). Funding for this project is provided from Transportation Benefit District
(TBD)funds, Water Capital Fund 477 and Stormwater Capital Fund 442.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Economic Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
2
D Resolution HLA N. St Phases 2&3 1/7112021 Resolution
D Corr ullant 1113'2021 Conlract
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RESOLUTION NO. R-2021-
A RESOLUTION authorizing an agreement with HLA Engineering and Land Surveying, Inc.
for the North First Street Revitalization (Phases 2 and 3) project.
WHEREAS, the City of Yakima had previous Agreement 2015-054 with HLA
Engineering and Land Surveying, Inc. for Phase 2; providing 90% plans, specifications, and
estimate (PS&E) to the City for the North First Street Revitalization Project (Project); and
WHEREAS, the City desires to complete the design and go to ad for construction of
Phase 2 of the Project; and
WHEREAS, the City requires Construction Engineering services for Phase 2 of the
Project that is anticipated to start in March 2021; and
WHEREAS, the City also desires to complete the design for Phase 3 of the Project; and
WHEREAS, HLA Engineering and Land Surveying, Inc. has provided a Scope of Work
included in this Professional Services Agreement that meets the needs and requirements of the
City of Yakima for this Project; and
WHEREAS, the Yakima City Council has determined that revitalization of the North First
Street Corridor is a Strategic Priority; and
WHEREAS, the City Council finds that it is in the best interest of the City of Yakima and
its residents to enter into this Agreement to continue and complete this project, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute an Agreement between the City of
Yakima and HLA Engineering and Land Surveying, Inc. attached hereto and incorporated herein
by this reference not to exceed Seven Hundred Fifty-Seven Thousand One Hundred and Fifty
Dollars ($757,150) to provide the professional services as described in the Agreement.
ADOPTED BY THE CITY COUNCIL this 2' day of February, 2021.
Patricia Byers, Mayor
ATTEST:
Sonya Clear Tee, City Clerk
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* A
Phone: (509) 966-7000 FAX: (509) 965-3800
Engineering and Land Surveying,.Inc.
2803 River Road, Yakima, WA 98902
Date: January 12, 2021 Project No.: 15038E
To: City of Yakima Attention: Bill Preston, PE
129 North Second Street City Engineer
Yakima, WA 98901
From: Michael T. Battle, PE
Re: City of Yakima
NORTH FIRST STREET REVITALIZATION (PHASES 2 AND 3)
Agreement for Professional Services
We are sending you the attached following items:
Two (2) Signed Original Agreements for Professional Services
Comment:
Bill:
Thank you for the opportunity to work with you and the City on this significant project for the
Yakima community.
Enclosed for your use and council consideration are two (2) signed original professional service
agreements. If approved by City Council, please have the City Manager sign and date the
agreements and return one (1) fully executed copy to our office.
We look forward to getting started immediately on the project following contract execution.
If you have any questions or need additional information, please contact me.
Copy to: File Signed: 2.
GACentracts&Task OrdersWakimMN,1st Street-Phase 2‘td.1st Street-Design Completion MLK to N and CN Services I to N12021-01-12 North First
Street APS-Final-Trans docx
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For City of Yakima Use Only:
Contract No.
Project No. AGREEMENT
Resolution No BE EEN
SOQ No. CITY OF YAKIMA, WASHINGTON
AND
HLA ENGINEERING AND LAND SURVEYING, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of , 2021, by and between
the City of Yakima, Washington, a Washington municipal corporation with its principal office at 129 North
Second Street, Yakima, WA 98901, hereinafter referred to as "CITY," and HLA Engineering and Land
Surveying, Inc., with its principal office at 2803 River Road, Yakima, WA 98902, hereinafter referred to as
"ENGINEER"; said corporation and its principal engineers are licensed and registered to do business in the
State of Washington, and will provide engineering services under this AGREEMENT for NORTH FIRST
STREET REVITALIZATION (PHASES 2 AND 3) project on behalf of the City of Yakima, herein referred to
as the "PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services and staff support for
developing the PROJECTS, as described in this AGREEMENT and subsequent Amendments thereto; and
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with knowledge
and experience necessary to satisfactorily accomplish the work within the required time and that it has no
conflicts of interest prohibited by law from entering into this AGREEMENT;
NOW, THEREFORE, CITY and ENGINEER agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the AGREEMENT.
SECTION 2 SCOPE OF SERVICES
2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in
writing by both parties, duties of ENGINEER shall not be construed to exceed those
services specifically set forth herein.
2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign,
Michael T. Battle, 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.
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."
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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
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, 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 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 duties and
obligations under this AGREEMENT or by law. The ENGINEER shall be entitled to reasonably rely
upon the accuracy and the completeness of such documents, services and reports, but shall be
responsible for exercising customary professional care in using and reviewing such documents,
services, and reports and drawing conclusions therefrom.
SECTION 4 AUTHOR! TION, 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, ENGINEER shall begin work. The time for completion of each task shall be as mutually
agreed.
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, compensation shall be according to
Exhibit B- Schedule of Rates, attached hereto and incorporated herein by this reference, on a time
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spent basis plus reimbursement for direct expenses. The maximum amount of
compensation to the ENGINEER shall not exceed $757^ 5D*vKhouf the written u0romnxynf of the
CITY and the ENGINEER.
5~1.1 DIRECT NON-SALARY EXPENSES: Direct Non-Salary Expenses are those costs
incurred on or directly for the PROJECT induding, but not Unilod to, necessary
transportation costs, including current rates for ENGINEER'S vehicles; meals and lodging;
laboratory tests and analyses; printing, binding and reproduction oborgoo; all nns{o
am8onim1od with other outside nonprofessional services and facilities; special CITY-
requested and PROJECT-related insurance and performance warranty unms| and other
similar costs. Reimbursement for Direct Non-Salary Expenses will boon the'basis oYactual
charges plus a reasonable markup, not to exceed ten percent (110%) 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 000h of the
Suboonou|toofo in connection with PROJECT WORK; pmovided, as fm||owe[
� That m maximum nfU.S. INTERNAL REVENUE SERVICE allowed cents
per mile will be pek1 for the nporaUon, maintenance, and depreciation
costs` ofcompany 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 o
maximum of forty dollars ($48) per day per person. This rate may be
adjusted ona 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
|n the Schedule nf Specific Hourly Billing Rates.
5.1.3 Professional 8ubc0nou|tardu. Professional Suboonou|bonta are 1hVao costs for
enginoohng, architecture, geotenhnico| sen/i000 and similar professional services
approved by the CITY. Reimbursement for Professional Guboonsu]tonts will be on the
|basis ufaotma costs billed plus o reasonable mar� not to exceed ten percent
— 96 O for
uen/neo 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 the amount set forth in Section 5.1 above. The ENGINEER shall make all
reasonable efforts to complete each task within the budget established for'that task, and will keep
CITY informed of progress toward that end om that the budget can be adjusted it found necessary.
The ENGINEER is not obligated to incur costs beyond the indicated budget, as may be adjusted,
nor 1n the CITY obligated to pay the ENGINEER beyond thoeo,|Un|ts. W+mhanybUdgethosbeen
increased, the ENG|NEE0'a excess costs expended prior 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 nf the additional costs prior ko the time such costs were
incurred.
5.3 The ENGINEER shall submit to the CUy'o Representative un invoice each month for payment for
PROJECT services uunlp|sded through the accounting cut-off day of the previous month. Such
invoices shall hnfor PROJECT services and WORK performed and costs incurred prior10 the date
nf the invoice and not covered by previously submitted invoices. The ENGINEER shall submit with
each invoice identification uf the work performed, a summary oftime expended on the PROJECT
for the current billing period, copies o|subcwmau|taniinvoices, and any other supporting rnutohmks
determined b the CITY necessary bx substantiate|he costs incurred. CITY will useit 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.
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5.4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on the
unpaid balance shall accrue beginning with the sixty-first (61) day at the rate of 1.0% per month or
the maximum interest rate permitted by law,whichever is less; provided, however, that no interest
shall accrue pursuant to Chapter 39.76 ROW when before the date of timely payment a notice of
dispute is issued in good faith by the CITY to the ENGINEER pursuant to the terms of RCW
39.76.020(4).
5.5 Final payment of any balance due the ENGINEER for PROJECT services will be made within forty-
five (45) days after satisfactory completion of the services required by this AGREEMENT as
evidenced by written acceptance by CITY and after such audit or verification as CITY may deem
necessary, 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, design, drawings, specifications, reports, and
other services furnished by the ENGINEER under this AGREEMENT. The ENGINEER shall,
without additional compensation, correct or review any errors, omissions, or other deficiencies in
its plans, designs, drawings, specifications, reports, and other services. The ENGINEER shall
perform its WORK according to generally accepted civil engineering standards of care and
consistent with achieving the PROJECT WORK within budget, on time, and in compliance with
applicable laws, regulations, and permits.
6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications, reports,
and incidental WORK or services furnished hereunder shall not in any way relieve the ENGINEER
of responsibility for the technical adequacy, completeness, or accuracy of its WORK and the
PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not be
construed to operate as a waiver of any rights under this AGREEMENT or at law or any cause of
action arising out of the performance of this AGREEMENT.
6.3 In performing WORK and services hereunder, the ENGINEER and its subcontractors,
subconsultants, employees, agents, and representatives shall be acting as independent
contractors and shall not be deemed or construed to be employees or agents of CITY in any manner
whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an officer or employee of
CITY by reason hereof and will not make any claim, demand, or application to or for any right or
privilege applicable to an officer or employee of CITY. The ENGINEER shall be solely responsible
for any claims for wages or compensation by ENGINEER's employees, agents, and
representatives, including subconsultants and subcontractors, and shall save and hold CITY
harmless therefrom.
6.4 INDEMNIFICATION:
(a) ENGINEER agrees to defend, indemnify, and hold harmless the CITY, its elected 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 attorneys' 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 or omission or willful misconduct arising out of the ENGINEER's
performance under this AGREEMENT. In the event that any lien is placed upon the
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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.
(b) 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.
(c) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person
identified above for whom each is liable) is a cause of such third party claim, the loss, cost,
or expense shall be shared between the ENGINEER and the CITY in proportion to their
relative degrees of negligence or willful misconduct and the right of indemnity will apply for
such proportion.
(d) Nothing contained in this Section or this AGREEMENT shall be construed to create a
liability or a right of indemnification in any third party.
6.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this AGREEMENT shall not be,limited in any way by any limitation
on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER
or a subcontractor under workers' or workmens'compensation acts, disability benefit acts, or other
employee benefit acts. The ENGINEER specifically and expressly waives its immunity under the
Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the
ENGINEER and the CITY.
6.6 It is understood that any resident engineering or inspection provided by ENGINEER is for the
purpose of determining compliance with the technical provisions of PROJECT specifications and
does not constitute any form of guarantee or insurance with respect to the performance of a
contractor. ENGINEER does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for compliance by contractors with
laws and regulations. CITY shall use its best efforts to ensure that the construction contract
requires that the contractor(s) indemnify and name CITY,the CITY'S and the ENGINEER'S officers,
principals, employees, agents, representatives, and engineers as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability.
6.7 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observation, exploration, and investigations
have been made. Because of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect total PROJECT cost and/or
execution. These conditions and cost/execution effects are not the responsibility of the
ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate standard
of professional care and judgment in such investigations.
SECTION 7 PROJECT SCHEDULE AND BUDGET
7.1 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.
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7.2 Not later than the tenth (110 day uf each calendar month during the performance of the PROJECT,
the ENGINEER shall submit to the CITY'S Representative a copy of the current schedule and a
written narrative description of the WORK accomplished by the ENGINEER and subconsultants on
each task, indicating a good faith estimate of the percentage completion thereof on the last day of
the previous month. Additional oral or written reports shall be prepared at the request of the CITY
for presentation to other governmental agencies and/or to the public.
SECTION REUSE OF DOCUMENTS
8.1 All internal WORK products of the ENGINEER are instruments i 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
8.2 The ENGINEER agrees that ownership mf any plans, drawings, designs, specifications, computer
programs, technical reports, operating manoo|m, calculations, notes, and other WORK submitted
orm/hich;are specifiedtube delivered underhbis AGREEMENT grvvhicb are developed or produced
and paid for under this AGREEMENT, whether or not complete, shall be vested in the CITY.
8.3 All rights to patents, trademarks, copyri hts d trade secrets owned by ENG|NEEA (hereHnafter
"Intellectual Property") as well as any modifications, updatmo or enhancements to said Intellectual
Property during the performance'cd the WORK remain the property ur ENGINEER, and ENGINEER�
does not grant CITY any right or license 10 such Intellectual Property.
SECTION 9 AUDIT AND ACCESS TO RECORDS
0.1 The ENGINEER, including its aubCuOSW|tantG, shall maintain books, records, dncumemtsondVther
evidence directly pertinent to performance of the WORK under this AGREEMENT in accordance
with generally accepted accounting principles, the Public Records Act` and practices onmsist8Q{|y
applied. The ENGINEER shall promptly furnish the CITY with such records which are related to
the WORK cf this AGREEMENT ao may be requested by the CITY. The CITY, or the'C[TY'Sduly
authorized representative, shall have aorone to such books, naCunjm, doCunn8Ubx, and other
evidence for inspection, mudit, and copying for a period of six 8U years after c0nlpkaU0n of the
PROJECT,or for m longer period if required by law orby the Washington State Secretary Of8taie'a
records retention schedule. The CITY shall also have access 'tVsuch b0uko` n*Cnnds^ and
documents during the performance of the PROJECT WORK, if deemed necessary by the CITY.
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 eonmea to
records pursuant to this section provided that the ENGINEER is afforded the opportunity for an
audit exit conference and un opportunity tocomment and submit any supporting documentation on
the pertinent portions ufU)edraft audit report and that the final audit report will include EN8|NEEF<'s
written comments, ifany.
9.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the PROJECT.
0.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed tn the CITY.
9.6 During the performance ofthe tasks assigned under this Agreement ENGINEER shall mdall times
maintain strict confidentiality with respect to all documents, materials, plans,designs, specifications
and any other information belonging tn'the CITY that|ENGINEER may have access tn'Vrobserve
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while performing the tasks presented in this Agreement; further, ENGINEER shall not disclose any
confidential CITY information that ENGINNER may have access to or come into contact with to any
third parties whatsoever, at any time during the term of this Agreement; such prohibition shall be a
continuing obligation that shall remain effective after the termination of this Agreement.
9.7 All records relating to ENGINEER'S work under this Agreement must be made available to the
CITY, and the records relating to the WORK are City of Yakima records. They must be produced
to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56
RCW, or by law. All records relating to ENGINEER's services and WORK under this Agreement
must be retained by the ENGINEER for the minimum period of time required pursuant to the
Washington Secretary of State's records retention schedule.
9.8 The terms of Section 9 shall survive any expiration or termination of this Agreement.
SECTION 10 INSURANCE
10.1 At all times during performance of 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 that stated below, as applicable. The
CITY reserves the rights 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.
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
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i
policy shall name the CITY, its elected and appointed officials, officers, agents,
employees, and volunteers as additional insureds. The insured*heU not oohmd or
change the insurance without first giving the CITY thirty 30 calendar days prior
vvhMen notice. The insurance shall be with an insurance company orcompanies
rated A-V|| or higher inBesrs Guide and admitted inthe SlateofVVanhAngton-
' 1O.1.3. Statutory workers' compensation and employer's liability insurance as required bystate
law.
10.1.4. Professional Liability Coverage. Before this AGREEMENT 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) eggreAate. The certificate ohoU clearly ab]he 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 insured shall not cancel or change the insurance without first giving
the CITY thirty (30) calendar days priorwdttmn notice. The insurance shall be with on
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 Vf this AGREEMENT.
Failure of either ur all of the additional insureds kz report e claim under such insurance
shall not prejudice the rights of the CITY, its officers, 'ompk>yeou, agents, and
representatives there under. The CITY and the C|T\rS elected and appointed officials,
offioars, principals, enop|oymoa, representatives, volunteers and agents shall have no
obligation for payment of prmrniurna because of being named as additional insureds
under Such insurance. None of the policies issued pursuant \othe requirements
contained herein mhuU be canceled, nUov*ud 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 orchange,
SECTION 11 SUBCONTRACTS
11.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, tosubcontract
any portion of`the WORK tubo performed under this AGREEMENT.
11.2 Aoyouboonnu|banto subcontractors
nr�ubcordrom� to1hmENC3|NEERut�zmdom ]s PROJECT, including any
substitutions thereof, will be subject' to prior approval by C|TY, which approval shall not he
unreasonably withheld. Each subcontract shallb subject tu review by the C|T`/'SRepresentative,
if requested, prior to the subconsultant or subcontractor proceeding with the WORK, Such review
shall not constitute an approval as0o the legal form or content of such subcontract. The ENGINEER
shall bo responsible for the architectural and engineering^^ performance, acts, and omissions of all
persons and firms performing subcontract WORK.
11.3 CITY does anticipateENG|pJEERrnaysubonhtrmctwith additional persons or firms for the purpose
of completing this AGREEMENT:
HBB Landscaping Architecture
Conley Engineering
GN Northern, Inc.
11.4 The ENGINEER shall submit, along with its monthly invoices, a description df all WORK completed
by ouboonuu|tents and subcontractors during the preceding month and copies of all invoices
thereto.
Page
13
SECTION 12 ASSIGNMENT
12.1 This AGREEMENT is binding on the heirs, successors and assigns of the parties hereto. This
AGREEMENT may not be assigned by CITY or ENGINEER without prior written consent of the
other, which consent will not be unreasonably withheld. It is expressly intended and agreed that no
third party beneficiaries are created by this AGREEMENT, and that the rights and remedies provided
herein shall inure only to the benefit of the parties to this AGREEMENT.
SECTION 13 INTEGRATION
13.1 This AGREEMENT represents the entire understanding of CITY and ENGINEER as to those
matters contained herein. No prior oral or written understanding shall be of any force or effect with
respect to those matters covered herein. This AGREEMENT may not be modified or altered except
in writing signed by both parties.
SECTION 14 JURISDICTION AND VENUE
14.1 This AGREEMENT shall be administered and interpreted under the laws of the State of
Washington. Jurisdiction of litigation arising from this AGREEMENT shall be in 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 of all disputes arising under this
AGREEMENT shall be 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, or any
other classification protected under federal, state, or local law. This provision shall include but not
be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, selection for training, and the
provision of services under this AGREEMENT. ENGINEER agrees to comply with the applicable
provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and
regulations.
SECTION 16 SUSPENSION OF WORK
16.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this
AGREEMENT if unforeseen circumstances beyond CITY'S control are interfering with normal
progress of the WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the
WORK under this AGREEMENT if unforeseen circumstances beyond ENGINEER's control are
interfering with normal progress of the WORK. ENGINEER may suspend WORK on PROJECT in
the event CITY does not pay invoices when due, except where otherwise provided by this
AGREEMENT. The time for completion of the WORK shall be extended by the number of days
WORK is suspended. If the period of suspension exceeds ninety (90) days, the terms of this
AGREEMENT are subject to renegotiation, and both parties are granted the option to terminate
WORK on the suspended portion of PROJECT in accordance with SECTION 17.
SECTION 17 TERMINATION OF WORK
17.1 Either party may terminate this AGREEMENT, in whole or in part, if the other party materially
breaches its obligations under this AGREEMENT and is in default through no fault of the
terminating party. However, no such termination may be effected unless the other party is given:
(1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt
requested, of intent to terminate; and (2) an opportunity for consultation and for cure with the
terminating 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.
Page 9
14
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.
17.7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined
that the ENGINEER has not so failed, the termination shall be deemed to have been effected for
the convenience of CITY. In such event, the adjustment pursuant to the AGREEMENT shall be
determined as set forth in subparagraph 17.4 of this Section.
17.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the
ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its
obligations to complete performance under this AGREEMENT without the concurrence and written
approval of CITY. If CITY agrees to termination of this AGREEMENT under this provision, payment
shall be made as set forth in subparagraph 17.3 of this Section.
SECTION 18 DISPUTE RESOLUTION
18.1 In the event that any dispute shall arise as to the interpretation 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 AGREEMENT, 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.
Page 10
15
SECTION19 NOTICE
18.1 Any notice required to be given under the terms of this AGREEMENT shall be directed to the party
a{the address set forth below. Notice shall bm considered issued and effective upon receipt thereof
by the add renmoe'party, or seventy-two (72) hours after mailing by certified n)mi| to the place of
business set forth bm|nvw, whichever is earlier.
CITY: City o[Yakima
Attn: Mr. Scott Schafer, Public Works Director
129N. 2nd Bkme1
Yakima, VVAA80O1
ENGINEER: HLA Engineering and Land Surveying, Inc. (HLA)
Attn: Mr. Miohae|l[ Battle, PE, President
2803 River Road
`Yakima, VVAQ8QO2
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
respective authorized officers Vrrepresentatives asof the day and year first above written.
CITY QFYAh]K8A HLA
Signature Signature
Printed Name: Robert Harrison printed Name: MichaelT. Ratt|e, PE
Title: CdyManagor Title: President
Date: Date:
Attest
City Clerk
16
STATE OF VVASHINGTON
) ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that Robert Harrison is the person who appeared before
me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized
to execute the instrument, and acknowledged it as the CITY MANAGER of the CITY OF YAKIMA, to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
Page 12
17
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 Engineering and
Land Surveying, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
1 '2 0 I Dated: ( . -9 Seal or Stamp
XII
(Signature)
(10‘0111t1,11,0„
t.9 Title
•Z°.°`
50' .
frCommn%
Printed Name
=co• 44(1813,28 xPites
292i
A My commission expires: ar-11.-kar 2 12-,0 2-
-
.68Lio
11/AS 'VIVs,\\\
f/riril 111%0\
Page 13
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EXHIBIT-A
PROJECT SCOPE OF SERVICES
CITY OF YAKIMA
NORTH FIRST STREET REVITALIZATION
Final PS&E— Phase 2, J Street to N Street
Construction Observation and Administration— Phase 2, J Street to N Street
Final PS&E— Phase 3, MLK Boulevard to J Street
In March 2015, the City of Yakima contracted (2015-054) with HLA Engineering and Land Surveying, Inc.
to provide Project Management and Administration; Preliminary Engineering Design; Right-of-Way
Services; Final Engineering, Plans, and Specifications; and Bidding Services for the North First Street
Revitalization — Phase 2 Project, MLK Boulevard to N Street. The original PROJECT schedule included
completion of all work by May 31, 2016,which was modified due to City budget and adjustment of priorities,
In 2015, HLA Engineering and Land Surveying, Inc. progressed the Plans and Specifications for the entirety
of the PROJECT to a 70% level. In 2016, the City directed to split the PROJECTinto two phases; Phase 2
- J Street to N Street and Phase 3 — MLK Boulevard to J Street. A separate Bid Package of Plans,
Specifications and Cost Estimate is currently being prepared to begin construction on North First Street
Phase 2, J Street to N Street, in 2021. Plans, Specifications and Cost Estimate for North First Street Phase
3, MLK Boulevard to J Street, are anticipated to be completed necessary to construct improvements in
2022.
In addition to the original scope of work, HLA performed significant additional services directed by the CITY
including:
2015 TIB Funding Application
Roundabout Conceptual Design at N. First/H Street Intersection
2016 FASTLANE Funding Application
2017 INFRA Grant Application
2017 NHS Grant Application
2018 BUILD Grant Application
2019 BUILD Grant Application
2019 Legislative Discretionary Package
2019 INFRA Grant Application
INFRA Fact Sheet for TRANS-Action, Washington DC
2020 BUILD Grant Application
2020 INFRA Grant Application
2020 TIB Funding Application
Pacific Power Coordination and Easement Preparation
Additional Signal Design at D Street and North First Street
As a result, additional compensation is required to complete Final Engineering Design, Plans and
Specifications necessary to advertise for bids and construct Phase 2 in 2021, arid advertise for bids and
construct Phase 3 in 2022, Construction Observation and Administration Services for Phase 2 are also
included as part of this Agreement. Construction Observation and Administration Services for Phase 3,
MLK Boulevard to J Street, will be provided as an addendum to this agreement or by separate contract
once design plans are completed and construction schedule is determined by the City.
Page 14
19
HLA Engineering and Land Surveying, Inc. (ENGINEER), shall provide professional services to the CITY
as outlined in the Work Task descriptions below. The following general provisions/assumptions have been
made:
A. The entirety of this Agreement Expires June 30, 2022, unless otherwise amended.
B. CITY intends for Phase 2 Improvements, J Street to N Street to be ready for bid advertisement in
January 2021 and construction to begin in 2021. 100% PS&E will be provided to the City by
January 31, 2021.
C. CITY intends for Phase 3 Improvements, MLK Boulevard to J Street to be ready for bid
advertisement in January 2022 and construction to begin in 2022. 100% PS&E shall be provided
to the City by January 31, 2022.
D. Projects are funded locally, and no federal funding will be used.
E. CITY to pay for all advertising, permit fees, notices or other publications as may be required for the
PROJECT.
F. CITY to pay for necessary materials testing not paid by the Contractor.
G. The CITY has contracted with others to complete Right of Way acquisition necessary for the
improvements.
H. The typical section, general design layout and landscape concepts have been established during
the North First Street Revitalization — Phase 1 Project, N Street to 1-82, and will be primarily used
for Phase 2 and Phase 3 Projects.
I. Work conducted will meet CITY design standards.
J. Plans, specifications, and contract documents, to the extent feasible, shall be developed in
accordance with the latest edition and amendments of the following:
1. Washington State Department of Transportation/Washington State Chapter of the American
Public Works Association, "Standard Specifications for Road, Bridge, and Municipal
Construction";
2. Washington State Department of Transportation, "Standard Plans for Road and Bridge
Construction";
3. Washington State Department of Transportation, "Highway Design Manual"; and
4. FHWA"Manual on Uniform Traffic Control Devices for Streets and Highways."
K. All calculations, analyses, design, plans, specifications, and other PROJECT work will be prepared
in English units.
L. It is understood and agreed that tasks may be added or deleted from the scope of services by
mutual agreement of the CITY and ENGINEER.
HLA Engineering and Land Surveying, Inc. (ENGINEER), agrees to perform the following services:
I. DESIGN ENGINEERING, PLANS, SPECIFICATIONS, COST ESTIMATE AND BIDDING
A. Project Management and Administration
1. Provide general coordination with the CITY, subconsultants, other consultants, and
stakeholders.
2. Provide monthly status reports and invoices for work performed.
3. Attend meetings with the CITY to address technical aspects of the work related to scope,
design, and schedule of the PROJECT. Up to four (4) meetings are anticipated.
4. Prepare and maintain PROJECT schedule, to be updated monthly or as otherwise requested
by the CITY.
B. Final Engineering Design, Plans, and Specifications (90% and Final)
1. Prepare SEPA checklist for transmittal to lead agency for review and action.
2. Prepare all permit applications required for the construction of the improvements for CITY
signature and submittal to the controlling authority.
a. BNSF Railway
b. Storm Water Notice of Intent (NOI)
3. Prepare storm water report for review and approval by the CITY.
4. Confirm acquisition of easements and right of way with CITY (by Yakima County).
Page 15
20
5. On the basis of approved preliminary construction plans, perform the final design. Present
design documents to CITY for final coordination.
6. Meet with CITY departments including Engineering, Water & Irrigation, Sanitary Sewer, Storm
Water, Traffic, and Transit.
7. Confirm PROJECT schedules with private utility companies.
8. Prepare final plans and specifications for bid call on the proposed work, as authorized by the
CITY, including:
a. Cover Sheet, General Notes, Typical Sections and PROJECT Details
b. Temporary Erosion and Sediment Control (TESC) Plan
c. Demolition Plans
d. Traffic Control and Construction Sequencing Plans
e. Plan and Profile Sheets for Roadway Improvements
f. Domestic Water Main Improvements
g. Sanitary Sewer Main and Service Connections (MLK to "E" Street)
h. Storm Drainage Improvements
i. Illumination Plan (both traffic and pedestrian lighting)
j. "I" Street/1st Street Intersection and Signalization Plan
k. "D" Street/1st Street Intersection and Signalization Plan
I. Railroad Crossing Improvements at"G" Street (design and construction by BNSF)
m. Channelization and Signing Plans
n. Landscape, Irrigation and Planting Plans
o. Contract Documents and PROJECT Specifications
9. Prepare the Engineer's Opinion of Probable Construction Cost.
10. Perform quality control and assurance review of all final documents.
11. Submit final documents to the CITY.
12. Provide six(6) printed copies of contract documents to the CITY,
13. Provide electronic files of plans and specifications for use by the CITY in bid advertisement.
All bid advertisement fees to be paid by the CITY.
14. Answer questions and/or supply such information as is requested by prospective bidders.
15. Prepare and issue addenda, if necessary.
16. Participate in the bid opening, evaluate bids, prepare bid tabulation, and make
recommendation of award.
17. Prepare and transmit Contracts to Contractor, including review of Bond and Insurance.
18. Provide Contract, Bond, and Insurance to CITY for Council Award.
II, CONSTRUCTION OBSERVATION AND ADMINIST- A TION (PHASE 2 - J St. to N St.)
1. Following award of the Contract by the CITY, prepare Notice of Award to the Contractor.
2. Coordinate and conduct preconstruction conference followed by issuance of Notice to Proceed.
3. Furnish the field survey crew to set horizontal and vertical control for the PROJECT.
4. Provide staking for construction, including structures, water main, subgrade elevations, blue-
top elevations, curb and gutter, sidewalk, and illumination.
5. Provide submittal review for PROJECT materials as provided by the Contractor per the
PROJECT Specifications.
6. Attend construction meetings associated with civil improvements, anticipated once per week
during construction of the improvements.
7. Furnish a qualified resident engineer (inspector) to observe construction and be at the
PROJECT site during all significant work. The resident engineer shall provide surveillance of
construction for substantial compliance with plans and specifications.
8. Prepare daily construction progress reports and weekly statement of working days for days the
resident engineer is present.
9. Recommend monthly progress payments for the Contractor to the CITY.
10. Prepare and submit proposed contract change orders when applicable.
11. Monitor the Contractor's compliance with State labor standards.
12. Conduct final inspection and prepare punch list items to be addressed by the Contractor.
13. Prepare record drawings of civil-related improvements based on the Contractor's as-built plans.
Page 16
21
III. CONSTRUCTION OBSERVATION AND ADMINIST" TION (PHASE 3—MLK Blvd to J St.)
Construction observation and administration services are anticipated to be provided as an addendum to
this agreement or by separate contract, once final plans are prepared, the length of construction
determined, and the scope of work more clearly defined. It is anticipated the expiration of the entirety of
this Agreement shall also be amended.
IV. ADDITIONAL SERVICES
For services not included in the Scope of Work, the CITY may request the ENGINEER complete additional
services, as mutually agreed, at the rates in affect at the time of service.
1. Funding Alternatives and Applications
2. Other
V. TIME OF COMPLETION
DESIGN ENGINEERING, PLANS, SPECIFICATIONS, ESTIMATE, AND BIDDING
All work described in Item A of the Scope of Services above shall begin upon contract execution and
continue until completion of all bidding services.
All work described in Item B of the Scope of Services above is anticipated to be completed for Bid
Advertisement of Phase 2, J Street to N Street in January 2021 and Bid Advertisement of Phase 3,
MLK Boulevard to J Street, in January 2022.
CONSTRUCTION OBSERVATION AND ADMINISTRATION (PHASE 2—J St.to N St.)
Engineering services during construction shall begin upon construction contract award by the CITY and
will extend through the completion of construction, and completion of as-constructed drawings. It is
anticipated that construction will take one hundred forty (140) working days. Should the Contractor be
granted time extensions for construction completion due to recognized delays, requested additional
work, and/or change orders, engineering services beyond one hundred forty (140) working days shall
be considered additional services.
ADDITIONAL SERVICES
Time for completion of work directed by the CITY under additional services shall be negotiated and
mutually agreed upon at the time of service requested by the CITY.
VI. FEE FOR SERVICES
For the services furnished by the ENGINEER as described in this EXHIBIT A, the CITY agrees to pay the
CONSULTANT the fees as set forth herein. The maximum amounts listed below may be revised only by
written agreement of both parties.
DESIGN ENGINEERING, PLANS, SPECIFICATIONS, COST ESTIMATE, AND BIDDING
All work described in Items A and B of the Scope of Services above shall be performed on time-spent
basis at the normal hourly billing rates shown in Exhibit B, plus reimbursement for direct non-salary
expenses such as vehicle mileage and outside consultants, for an estimated fee not to exceed
$282,150.
CONSTRUCTION OBSERVATION AND ADMINISTRATION (PHASE 2 —J St. to N St.)
All work shall be performed on a time-spent basis at the normal hourly billing rates shown in Exhibit B,
plus reimbursement for direct non-salary expenses such as vehicle mileage and outside consultants,
for an estimated fee not to exceed $475,000.
ADDITIONAL SERVICES
Additional work requested by the CITY not included in this Agreement 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 normal hourly billing rates
shown in Exhibit B, plus reimbursement for direct non-salary expenses such as vehicle mileage and
outside consultants.
Page 17
oo
'
EXHIBIT
SCHEDULE OF'RATES
FOR
HLAEnginmerhmg and Land Sun/eVing, |nc.
Effective January 1, 202U, through December 3t2u2O
Senior Principal Engineer $215,UO per hour
Licensed Principal Land Surveyor O7.O0 per hour
Licensed Principal Engineer 1Q3.00 per hour
Licensed Professional Engineer $175.OQ per hour
Other Licensed'Professional $175.DO per hour
Licensed Professional Land Surveyor $10O.DO per hour
Project Engineer S145.00 per hour
Senior Planner $132.00 per hour
Contract Administrator $132.00 per hour
CAD Technician $127.00 per hour
Residen( FnOineer/|bopeC10r $11S.nO per hour
|Senior Engineering Technician $119.UD per hour
Surveyor $U10.QO per hour
Surveyor gV Two Man Crew $113,D0 per hour
Surveyor on Three Man Crew $101]30 per hour
Engineering Technician $Q4.DO per hour
Word Processing Technician $84.O0 per hour
Vehicle Mileage 0[i575 per mile
Page 18
oo
EXHIBIT
SCHEDULE OF RATES
FOR
HL& Eng|neering and Land SurVey1ng, Inc.
Effective January 1, 2021. through 1December 31, 2021
Senior Principal Engineer $222.OQ per hour
Licensed Principal Land Surveyor $21O.00 per hour
Licensed Principal Engineer $2O8,OD per hour
Licensed Professional Engineer $18U.QQ per hour
Other Licensed Professional $180.00 per hour
Project Engineer U $185.0O per hour
Licensed Professional Land Surveyor $M04.00 per hour
Project Engineer| $150I0 porhuur
Contract Administrator ||| $136.80perhour
Senior Planner $136.00 perhour
CAD Technician 13O.00 per hour
Engineering Technician 111 $122.00 per hour
Resident Engineer $122.0O per hour
Surveyor $122.00 per hour
Surveyor on Two Man Crew $U15.8O per hour
Contract Administrator U $112]]0 porhour
Engineer'—,TeohnicianU 1O5.00 per hour
Surveyor on Three Man Crew '1O2.O0 per hour
Contract Administrator | $87.DO per hour
Engineering Technician | $87.00 per hour
Ad min $87.QO per hour
Vehicle Mileage 8O.SG per mile
Page18
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EXHIBIT B
SCHEDULE OPRATES
FOR
HLA Engineering'and Land Supveying, Inc.
Effective January 1. 2022, through December 31, 2u22
Senior Principal Engineer $220.00perhour
Licensed Principal Land Surveyor $213.OU per hour
Licensed Principal Engineer $2U8.0O per hour
Licensed Professional Engineer $18G.0O per hour
Other Licensed Professional $185.00 per hour
Project Engineer || &172.8O per hour
Licensed Professional Land Surveyor $187.U0 per hour
Project Engineer | $155.00 per hour
Contract Administrator |U $142.00 pmrhour
Senior Planner $138.00 per hour
CAD Technician '$133.00 per hour
Engineering Technician'U| $120.OD per hour
Resident
—Engineer $12O.0D per hour
Surveyor $124-00porbour
Surveyor 0n Two Man Crew $117.0O per hour
Contract Administrator || S110.00perhour
Engineering Technician || $1O8.00 per hour
Surveyor oVThree Man Crew $1D4.QO per hour
Contract Administrator| $0U.[0 per hour
Engineering Technician | $8O.QO per hour
Adnniui8ire1ve/C|ehow| $8ODO per hour
Vehicle Mileage Federal Rate
page20