HomeMy WebLinkAboutR-2021-045 72nd Ave and W. Washington Ave Roundabout Project; Agreement with HLA Engineering and Land Surveying, Inc.A RESOLUTION
RESOLUTION NO. R-2021-045
authorizing an agreement with HLA Engineering and Land Surveying, Inc.
to prepare civil engineering plans and specifications for the 72nd Avenue
and W Washington Avenue Roundabout project (PROJECT),
WHEREAS, HLA Engineering and Land Surveying, Inc has been selected to provide
design, right of way services, and construction/administration services for the PROJECT in
February 2021, and,
1 WHEREAS, the City desires to complete the design and go to ad for construction 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 design and Right of Way is 100% funded by the 2019 Transportation
Budget; and
WHEREAS, the City Council of the City of Yakima finds that entering into the
Professional Services Agreement is in the best interests of the City and its residents, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute a Professional Services Agreement
with HLA Engineering and Land Surveying, Inc , attached hereto and incorporated herein by this
reference, not to exceed Ninety -Nine Thousand, Five Hundred Dollars ($99,500 00) to provide
the Professional Services as described in the Agreement.
ADOPTED BY THE CITY COUNCIL this 6"d day of April, 2021
ATTEST
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(Patricia Byers, ayor
For City of Yakima Use Only:
Contract No.. {at-U5q
Project No.
Resolution No. 12-3i1 I occ.
SOQ No.
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
HLA ENGINEERING AND LAND SURVEYING, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this `It day of AV 1 i , 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 the 72nd AVENUE
AND W. WASHINGTON AVENUE ROUNDABOUT 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 PROJECT, as described in this AGREEMENT and subsequent Amendments thereto; and
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with knowledge
and experience necessary to satisfactorily accomplish the work within the required time and that it has no
conflicts of interest prohibited by law from entering into this AGREEMENT;
NOW, THEREFORE, CITY and ENGINEER agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the AGREEMENT.
SECTION 2 SCOPE OF SERVICES
2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in
writing by both parties, duties of ENGINEER shall not be construed to exceed those
services specifically set forth herein.
2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign,
Michael T. Battle, 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 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, ENGINEER shall begin work. The time for completion of each task shall be as mutually
agreed.
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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
spent basis plus reimbursement for direct non -salary expenses. The maximum amount of
compensation to the ENGINEER shall not exceed $99,500 without the written agreement 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 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 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 so that the budget can be adjusted if found necessary.
The ENGINEER is not obligated to incur costs beyond the indicated budget, as may be adjusted,
nor is the CITY obligated to pay the ENGINEER beyond these limits. When any budget has been
increased, the ENGINEER's excess costs expended prior to such increase will be allowable to the
same extent as if such costs had been incurred after the approved increase, and provided that the
CITY was informed in writing 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, 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
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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 (61) day at the rate of 1.0% per month or
the maximum interest rate permitted by law, whichever is less; provided, however, that no interest
shall accrue pursuant to Chapter 39.76 RCW when before the date of timely payment a notice of
dispute is issued in good faith by the CITY to the ENGINEER pursuant to the terms of RCW
39.76.020(4).
5.5 Final payment of any balance due the ENGINEER for PROJECT services will be made within forty-
five (45) days after satisfactory completion of the services required by this AGREEMENT as
evidenced by written acceptance by CITY and after such audit or verification as CITY may deem
necessary, 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,
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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
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
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special services requested by the CITY or because of unavoidable delay caused by any
governmental action or other conditions beyond the control of the ENGINEER which could not be
reasonably anticipated.
7.2 Not later than the tenth (10) day of each calendar month during the performance of the PROJECT,
the ENGINEER shall submit to the CITY's Representative a copy of the current schedule and a
written narrative description of the WORK accomplished by the ENGINEER and subconsultants on
each task, indicating a good faith estimate of the percentage completion thereof on the last day of
the previous month. Additional oral or written reports shall be prepared at the request of the CITY
for presentation to other governmental agencies and/or to the public.
SECTION 8 REUSE OF DOCUMENTS
8.1 All internal WORK products of the ENGINEER are instruments or service of this PROJECT. There
shall be no reuse, change, or alteration by the CITY or others acting through or on behalf of the
CITY without written permission of the ENGINEER, which shall not be unreasonably withheld and
will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its officers,
employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs
including, but not limited to, litigation expenses and 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 ownership of any plans, drawings, designs, specifications, computer
programs, technical reports, operating manuals, calculations, notes, and other WORK submitted
or which are specified to be delivered under this AGREEMENT or which are developed or produced
and paid for under this AGREEMENT, whether or not complete, shall be vested in the CITY.
8.3 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter
"Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual
Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER
does not grant CITY any right or license to such Intellectual Property.
SECTION 9 AUDIT AND ACCESS TO RECORDS
9.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and other
evidence directly pertinent to performance of the WORK under this AGREEMENT in accordance
with generally accepted accounting principles, the Public Records Act, and practices consistently
applied. The ENGINEER shall promptly furnish the CITY with such records which are related to
the WORK of this AGREEMENT as may be requested by the CITY. 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 six (6) years after completion of the
PROJECT, or for a longer period if required by law or by the Washington State Secretary of State's
records retention schedule. 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.
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.
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9.6 During the performance of the tasks assigned under this Agreement ENGINEER shall at all times
maintain strict confidentiality with respect to all documents, materials, plans, designs, specifications
and any other information belonging to the CITY that ENGINEER may have access to or observe
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".
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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 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) 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 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 AGREEMENT.
Failure of either or all of the additional insureds to report a claim under such insurance
shall not prejudice the rights of the CITY, its officers, employees, agents, and
representatives there under. The CITY and the CITY'S elected and appointed officials,
officers, principals, employees, representatives, volunteers 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.
11.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any
substitutions thereof, will be subject to prior approval by CITY, which approval shall not be
unreasonably withheld. Each subcontract shall be subject to review by the CITY'S Representative,
if requested, prior to the subconsultant or subcontractor proceeding with the WORK. Such review
shall not constitute an approval as to the legal form or content of such subcontract. The ENGINEER
shall be responsible for the architectural and engineering performance, acts, and omissions of all
persons and firms performing subcontract WORK.
11.3 CITY does not anticipate ENGINEER will subcontract with additional persons or firms for the
purpose of completing this AGREEMENT.
11.4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK completed
by subconsultants and subcontractors during the preceding month and copies of all invoices
thereto.
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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
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
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: Mr. Bill Preston, City Engineer
129 N. 2nd Street
Yakima, WA 98901
ENGINEER: HLA Engineering and Land Surveying, Inc. (HLA)
Attn: Mr. Michael T. Battle, PE, President
2803 River Road
Yakima, WA 98902
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.
CITYF YAKIMA / HLA ENGINEERING AND LAND SURVEYING, INC.
Signature
Printed Name: Robert Harrison
Title: City Manager
Date:
Attest
City Clerk
CITY CONTRACT N II r 0`51
! ►-F
RESOLUTION NOl<--2OaI-Vt J
Printed Name: Michael T. Battle. PE
Title: President
Page 11
STATE OF WASHINGTON
) 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
ri awl
NO. 107265 N .
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(Signature)
Title
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Printed Na
ickce
My commission expires: 0-itS1 ?V -5
Page 12
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.
Dated: Mar ca L 1 LQ, 0 1
Seal or Stamp
NOTARY w
PtJBUCLob
a E
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(Signature)
Title `
5L4 5 ac h il'?. 5 ha-n
Printed Name
My commission expires:c�aJ']2S, 2025
Page 13
EXHIBIT A
PROJECT SCOPE OF SERVICES
CITY OF YAKIMA
72nd AVENUE AND W. WASHINGTON AVENUE ROUNDABOUT
Engineering Design, Right of Way Services, and Construction Observation/Administration
The City of Yakima (CITY) received funding through the 2019-2021 Transportation Budget for
improvements to the 72nd Avenue and W. Washington Avenue intersection. In February 2021, HLA
Engineering and Land Surveying, Inc. was notified of its selection to perform engineering design, right of
way services, and construction observation/administration services for a roundabout improvement at this
intersection.
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 December 31, 2022, unless otherwise amended.
B. CITY will prepare all documents necessary to obligate, process and administer funding for the
PROJECT.
C. It is anticipated one (1) bid package will be prepared for all elements of the PROJECT.
D. CITY to pay for all advertising, permit fees, notices or other publications as may be required for the
PROJECT.
E. The CITY shall contract with others to complete right of way acquisition necessary for the
improvements, including those ancillary expenses such as obtaining title reports, recording fees,
etc. Beyond those scope items listed in right of way services, assistance with right of way
acquisition process including coordination with the CITY's right of way agent(s) can be provided
through Additional Services, as directed by the CITY.
F. The CITY shall contract with others for center roundabout treatment, landscaping and/or irrigation
system designs if so desired.
G. CITY to pay for necessary materials testing.
H. Work conducted will meet CITY design standards.
I. 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."
J. All calculations, analyses, design, plans, specifications, and other PROJECT work will be prepared
in English units.
K. Public and/or private utility improvements are not part of this PROJECT.
L. A SEPA checklist will be prepared and processed by CITY staff. Also, it is assumed a Cultural
Resources Survey (CRS) will not be required by DAHP, and thus is excluded from this Agreement.
Page 14
M. 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 complete PROJECT management to deliver the PROJECT within mutually determined
expectations.
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.
Deliverables:
Monthly project status reports and invoices for work performed.
Monthly project schedule update.
B. ENVIRONMENTAL SERVICES
1. Prepare EO-0505 EZ1 Form.
2. Provide Department of Archeological and Historic Preservation Office (DAHP)/Yakima Nation
initial consultation.
Deliverables:
EO-0505 EZ1 Form
Initial Consultation Letters
C. PRELIMINARY ENGINEERING DESIGN (30%)
1. Perform the field investigations necessary to design the identified improvements.
2. Conduct a topographic survey of the PROJECT area as required to complete design, plans,
and specifications, including call for utility locates.
3. Coordinate with CITY to produce Project Assumptions/Design Matrix. Initial major assumptions
include the roundabout will be a single lane, and existing drainage facilities will be connected
to for stormwater disposal.
4. Prepare a preliminary roundabout intersection design plan for review and approval of the CITY.
5. Prepare preliminary plans and a cost estimate of improvements for review and approval by the
CITY.
6. Notify private utilities of pending improvements.
7. Coordinate preliminary plans with City Water & Irrigation, Stormwater, Wastewater Collections,
and Transportation Divisions.
Deliverables:
Preliminary plans and cost estimate for review.
D. RIGHT OF WAY SERVICES
1. Identify properties where right of way is required to accommodate improvements.
2. Prepare right of way plans in accordance with WSDOT requirements.
3. Prepare legal descriptions and exhibits for property acquisitions.
4. Title reports, appraisal and acquisition services by others as arranged by the CITY. Title
reports to be provided to the ENGINEER.
Deliverables:
Right of way plans, legal descriptions and exhibits.
E. FINAL ENGINEERING DESIGN, PLANS, AND SPECIFICATIONS (60%, 90%, AND FINAL)
1. Based on approved preliminary engineering plans, perform and present design to CITY at 60%
and 90% completion for final coordination.
2. Notify private utility companies of pending improvements and schedule.
Page 15
3. Coordinate design plans with City Water & Irrigation, Stormwater, Wastewater Collections, and
Transportation Divisions.
4. Submit, review and discuss 60% design plans with CITY staff.
5. Following receipt of 60% plan review comments by the CITY, prepare 90% design plans, cost
estimate and specifications, and submit to the CITY for review.
6. Submit storm water report for review and approval by the CITY.
7. Following receipt of 90% plan review comments by the CITY, perform final design, and prepare
complete plans and specifications for publicly -bid improvements, as authorized by the CITY.
8. Assist the CITY with securing approval of such governmental authorities as have jurisdiction
over design criteria applicable to the PROJECT.
9. Perform quality control and assurance review of all final documents.
10. Provide final plans and specifications to the CITY in electronic format suitable for printing and
use at time of bid advertisement.
11. Prepare the Engineer's Opinion of probable construction cost.
Deliverables:
Plans and cost estimate for review at 60% completion.
Plans, specifications, and cost estimate for review at 90% completion.
Stormwater Report.
Final plans, specifications, and cost estimate in electronic format.
II. BIDDING, CONSTRUCTION OBSERVATION AND ADMINISTRATION
Bidding, construction observation and administration services are anticipated to be provided by HLA
Engineering and Land Surveying, Inc. as an addendum to this agreement or by separate contract, once
right of way acquisition is completed by others, and both construction funding and duration is
determined.
III. ADDITIONAL SERVICES
For Additional Services not included in the Scope of Work, the CITY may request the CONSULTANT
complete Additional Services, as mutually agreed, at the rates in affect at the time of service.
IV. TIME OF COMPLETION
A. PROJECT MANAGEMENT AND ADMINISTRATION
All work described in Item A of the Scope of Services above shall begin upon contract execution
and extend throughout the duration of the Agreement.
B. ENVIRONMENTAL SERVICES
All work described in Item B of the Scope of Services above shall begin upon contract execution
and be completed within ninety (90) working days.
C. PRELIMINARY ENGINEERING DESIGN (30%)
All work described in Item C of the Scope of Services above shall begin upon contract execution
and be completed within sixty (60) working days.
D. RIGHT OF WAY SERVICES
Right of way plans, legal descriptions and exhibits as described in Item D of the Scope of Services
above shall begin upon contract execution and be completed within ninety (90) working days. It is
anticipated coordination will be necessary with the CITY's right of way appraisal and acquisition
consultant, however, duration of these services is unknown.
E. FINAL ENGINEERING DESIGN, PLANS, AND SPECIFICATIONS (60%, 90%, and Final)
All work described in Item E of the Scope of Services above shall begin upon contract execution
and be completed as follows:
60% Submittal 40 working days from receipt of CITY review comments on 30% submittal
90% Submittal 50 working days from receipt of CITY review comments on 60% submittal
Final PS&E 60 working days from receipt of CITY review comments on 90% submittal
Page 16
F. 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.
V. 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 amount of the Agreement is $99,500, with
individual phase amounts estimated below, and may be revised only by written agreement of both parties.
A. PROJECT MANAGEMENT AND ADMINISTRATION
All work described in Item A of the Scope of Services above 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 for an estimated fee of $11,730.
B. ENVIRONMENTAL SERVICES
All work described in Item B of the Scope of Services 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 for an estimated fee of $1,920.
C. PRELIMINARY ENGINEERING DESIGN (30°/01
All work described in Item C of the Scope of Services above 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 for an estimated fee of $26,470.
D. RIGHT OF WAY SERVICES
All work described in Item D of the Scope of Services above 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 for an estimated fee of $9,800.
E. FINAL ENGINEERING DESIGN, PLANS, AND SPECIFICATIONS (60%, 90% and Final)
All work described in Item E of the Scope of Services above 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 for an estimated fee of $49,580.
F. 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
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
Project Engineer II $165.00 per hour
Licensed Professional Land Surveyor $164.00 per hour
Project Engineer I $150.00 per hour
Contract Administrator III $136.00 per hour
Senior Planner $136.00 per hour
CAD Technician $130.00 per hour
Engineering Technician III $122.00 per hour
Resident Engineer $122.00 per hour
Surveyor $122.00 per hour
Surveyor on Two Man Crew $115.00 per hour
Contract Administrator II $112.00 per hour
Engineering Technician II $105.00 per hour
Surveyor on Three Man Crew $102.00 per hour
Contract Administrator I $87.00 per hour
Engineering Technician I $87.00 per hour
Administrative/Clerical $87.00 per hour
Vehicle Mileage $0.56 per mile
Page 18
EXHIBIT B
SCHEDULE OF RATES
FOR
MLA 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
Project Engineer II $172.00 per hour
Licensed Professional Land Surveyor $167.00 per hour
Project Engineer I $155.00 per hour
Contract Administrator III $142.00 per hour
Senior Planner $138.00 per hour
CAD Technician $133.00 per hour
Engineering Technician III $126.00 per hour
Resident Engineer $126.00 per hour
Surveyor $124.00 per hour
Surveyor on Two Man Crew $117.00 per hour
Contract Administrator II $116.00 per hour
Engineering Technician II $108.00 per hour
Surveyor on Three Man Crew $104.00 per hour
Contract Administrator I $90.00 per hour
Engineering Technician I $90.00 per hour
Administrative/Clerical $90.00 per hour
Vehicle Mileage Federal Rate
Page 19
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 4.J.
For Meeting of: April 6, 2021
Resolution authorizing an Agreement with HLA Engineering and
Land Surveying, Inc for Professional Services for the 72nd Avenue
and W. Washington Avenue Roundabout project
Scott Schafer, Public Works Director
Bill Preston, City Engineer - (509) 575-6754
SUMMARY EXPLANATION:
In February 2021, HLA Engineering and Land Surveying, Inc. was selected to perform
engineering design, right of way services, and construction observation/administration services
for the 72nd Avenue and W. Washington Avenue Roundabout project. This agreement
authorizes the design and R/W phases of the project up to and including bid documents.
Attached for City Council review is the Agreement with HLA Engineering and Land Surveying,
Inc. in an amount not to exceed Ninety Nine Thousand Five Hundred Dollars ($99,500). Funding
for this project is provided from the 2019 Washington State Transportation Budget.
ITEM BUDGETED:
Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date
Dresolution 3/22J2021
3/1 2021
E consultant ent
Type
eo
ntract
Contract Supplemental Agreement
Supplemental Agreement Number: 2 Organization and Address:
HLA Engineering and Land
HLA Project No. 21107E Surveying, Inc. (HLA)
2803 River Road
Yakima, WA 98902
Original Contract Number: 2021-054 Execution Date of Supplement:
November 1 , 2023
City Engineering Project Number: 2517 Completion Date of Supplement:
December 31, 2024
Project Title: Maximum Amount Payable this
S. 72nd Avenue and W. Washington Avenue Supplement:
Roundabout $0
Maximum Total Amount Payable for the $159,280
Agreement:
Section 1: Supplemental Agreement
The City of Yakima, Washington, desires to supplement the contract agreement entered into with
HLA Engineering and Land Surveying, Inc., and executed on April 7, 2021, by Resolution No. R-
2021-045 and identified as Contract No. 2021-054. All provisions in the basic contract remain in
effect except as expressly modified by this supplement. The changes to the agreement are
described as follows:
Section 2: Scope of Services
The changes to the agreement are described as follows:
Contract time for the 72nd Avenue and W. Washington Avenue Roundabout project will be
extended to December 31, 2024.
Section 5: Compensation
No increase in compensation will be required for this supplement.
Section 7: Project Schedule and Budget
If you concur with this supplement and agree to the changes as stated above, please sign the
appropriate spaces below and return to this office for final action.
By: (i(. �.fe� 7 .8. rr-z:L' By: R011.2` * L C (rfcr)
Consu nt Signa `C'ity Manager
CITY CONTRACT N iID
v. l '�
I
RESOLUTION NO Date
\\Fs02\General\Contracts&Task Orders\Yakima\2021\72nd Avenue Roundabout\2023-10-26 21107 72nd Avenue Roundabout
Supp 2 Docx
Contract Supplemental Agreement
Supplemental Agreement Organization and Address:
Number: 3 HLA Engineering and Land Surveying, Inc (HLA)
2803 River Road
HLA Project No. 21107E Yakima, WA 98902
Original Contract Number: Execution Date of Supplement:
2021-054 December , 2024
City Engineering Project Number: Completion Date of Supplement:
2517 December 31, 2025
Project Title: Maximum Amount Payable this Supplement:
72nd Avenue and W. Washington Avenue $0
Roundabout
Maximum Total Amount Payable for the $159,280 (No Change)
Agreement:
Section 1: Supplemental Agreement
The City of Yakima, Washington desires to supplement the contract agreement entered into with HLA
Engineering and Land Surveying, Inc , and executed on April 7, 2021, by Resolution No. R-2021-045 and
identified as Contract No. 2021-054. All provisions in the basic contract remain in effect except as
expressly modified by this supplement. The changes to the agreement are described as follows-
Section 2: Scope of Services
Reasoning for this contract supplement is described as follows:
• Supplemental Agreement No. 2 is scheduled to expire on December 31, 2024.
The changes to the agreement are described as follows-
Contract time for the 72nd Avenue and W Washington Avenue Roundabout project will be extended to
December 31, 2025.
Section 6: Compensation
No changes to compensation.
If you concur with this supplement and agree to the changes as stated above, please sign the appropriate
spaces below and return to this office for final action.
By- Michael T. Battle, PE, President By: j C. ���X( w'�
Consultant&AM City Manage atur
12!//a i7 i a I f �V ITY CONTRACT NO l' 9
e Date RESOLUTION NO' Q"x.�- .
\\Fs02\General\Contracts&Task Orders\Yakima\2021\72nd Avenue Roundabout\2024-12-10 COY 2021-054-HLA 21107E-
Supplement Agreement 3 Docx