HomeMy WebLinkAbout08/16/2022 06.L. Resolution authorizing an agreement with HLA Engineering and Land Surveying, Inc. to provide engineering services for the design of water distribution systems and wastewater collection systems in low income - underserved areas in Yakima 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.L.
For Meeting of:August 16, 2022
ITEM TITLE: Resolution authorizing an agreement with HLA Engineering and
Land Surveying, Inc. to provide engineering services for the design
of water distribution systems and wastewater collection systems in
low income - underserved areas in Yakima
SUBMITTED BY: Scott Schafer, Director of Public Works
David Brown,Assistant Director of Public Works, 509.575.6204
Mike Price Wastewater and Stormwater Manager, 509.249.6815
SUMMARY EXPLANATION:
City of Yakima (City) Projects AC2570 and SC2605 provide designs for the installation of public
water distribution and wastewater collections systems, respectively, in underserved low-income
areas of Yakima. The project also includes identification of state and federal grant funding
sources for the installation of the infrastructure in underserved and low-income areas. The
designs provide "shovel ready" projects, increasing the likelihood of grant qualification and award
as opportunities arise.
The City used the Municipal Research and Services Center(MRSC) of Washington roster, a
statewide small works and consultants roster system, followed by a competitive selection process
under City Request for Qualifications 122152Q in selecting HLA Engineering and Land
Surveying, Inc. to perform the services.
This Agreement is for the years 2022 to 2026, having specific task orders for defined areas, with
areas needing both water and wastewater as a priority. The first task order is for northeast
Yakima.
Funding for the design of water distribution systems is from the Water Improvement Fund, first
task order not to exceed $222,700. Funding for the wastewater collection systems is from the
Wastewater Capitol Fund 476, first task order not to exceed $335,700
The agreement, including EXHIBITA—PROJECT SCOPE OF SERVICES, EXHIBIT B—
SCHEDULE OF RATES 2022-2024, EXHIBIT 1 — PROFESSIONAL SERVICES for Task
Orders No. 022-01, is attached for City Council review.
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ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
D resolutic 8/9/2022 Cotter Memo
D Agreement 8/2/2022 Contract
D Task Order 1 8/2/2022 Contract
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RESOLUTION NO. R-2022-
A RESOLUTION authorizing a Professional Services Agreement with HLA Engineering and
Land Surveying, Inc. to provide engineering services for the design of water
distribution systems and wastewater collection systems in low income and
underserved areas in Yakima.
WHEREAS, the City of Yakima maintains and operates water distribution and wastewater
collection systems in accordance with applicable Federal, State and Local regulations; and
WHEREAS, there are several areas in Yakima considered low income that are not served by
water or wastewater; and
WHEREAS, separate task order will be developed and attached to this agreement for each
underserved area; and
WHEREAS, the City of Yakima Water/Irrigation and Wastewater Divisions require
engineering services for the design of water distribution systems and wastewater collection systems
in low income and underserved areas in Yakima; and
WHEREAS, the City of Yakima Water/Irrigation Division representatives have complied with
the provisions of RCW 39.80 regarding the procurement of engineering and architectural services
by a city; and
WHEREAS, in May, 2022, the City evaluated qualification submittals from two Engineering
firms, and the City held interviews with those Engineering firms; and
WHEREAS, as a result of these interviews, the City selected HLA Engineering and Land
Surveying, Inc. as the most qualified engineering firm to perform the required work; and
WHEREAS,the City Council has determined that it is in the best interest of the City of Yakima
to enter into Professional Services Agreement with HLA Engineering and Land Surveying, Inc.,
attached hereto and incorporated herein by this reference, to perform the design of water distribution
systems and wastewater collection systems in low income and underserved areas in Yakima; now,
therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute Professional Services Agreement with HLA
Engineering and Land Surveying, Inc., to provide engineering services for the design of water
distribution systems and wastewater collection systems in low income and underserved areas in
Yakima, which is attached hereto and by this reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 16'h day of August, 2022.
ATTEST: Janice Deccio, Mayor
Sonya Clear Tee, City Clerk
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For City of Yakima Use Only: AGREEMENT
Contract No.2022- BETWEEN
Project No.AC2570/SC2605 CITY OF YAKIMA,WASHINGTON
Resolution No.2022-
SOQ No. 12215Q AND
HLA ENGINEERING AND LAND SURVEYING, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of , 2022, by and
between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North
Second Street, Yakima, WA 98901, (hereinafter referred to as "CITY"), and HLA Engineering and Land
Surveying, Inc., with its principal office at 2803 River Road, Yakima, WA 98902, (hereinafter referred to as
"ENGINEER"); said corporation being licensed and registered to do business in the State of Washington,
and will provide engineering services under this AGREEMENT for WATER/IRRIGATION AND
WASTEWATER DIVISIONS LOW-INCOME AND UNSERVED UTILITY AREAS on behalf of the City of
Yakima, Project No. AC2570 and SC2605, herein referred to collectively as the "PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and
construction of the PROJECT, as described in this AGREEMENT and subsequent Amendments thereto;
and
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with knowledge
and experience necessary to satisfactorily accomplish the work within the required time and that it has no
conflicts of interest prohibited by law from entering into this AGREEMENT;
NOW, THEREFORE, CITY and ENGINEER agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the AGREEMENT. The
contract term for this AGREEMENT shall be for calendar years 2022, 2023, 2024, 2025, and
2026, unless otherwise terminated in accordance with the terms herein.
SECTION 2 SCOPE OF SERVICES
2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in
writing by both parties, duties of ENGINEER shall not be construed to exceed those
services specifically set forth herein.
2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign,
Michael T. Battle, PE as Principal-in-Charge throughout the term of this AGREEMENT
unless other personnel are approved by the CITY.
2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled
"Scope of Services" (WORK) which is attached hereto and made a part of this AGREEMENT as if
fully set forth herein.
2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by
ENGINEER can be defined in detail at the time this AGREEMENT is executed, and that
additional WORK related to the PROJECT and not covered in Exhibit A may be needed during
performance of this AGREEMENT. CITY may, at any time, by written order, direct the
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ENGINEER to revise portions of the PROJECT WORK previously completed in a satisfactory
manner, delete portions of the PROJECT, or request that the ENGINEER perform additional
WORK beyond the scope of the PROJECT WORK. Such changes hereinafter shall be referred
to as "Additional Services."
2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER's cost of, or
time required for, performance of any services under this AGREEMENT, a contract price
and/or completion time adjustment pursuant to this AGREEMENT shall be made and this
AGREEMENT shall be modified in writing and accepted by the parties hereto.
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the ENGINEER according to the provisions set forth in Exhibit B attached
hereto and incorporated herein by this reference, and if so authorized, shall be
considered part of the PROJECT WORK. The ENGINEER shall not perform any
Additional Services until so authorized by CITY and agreed to by the ENGINEER in
writing.
2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the
date of the ENGINEER's receipt of the written notification of change.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY-FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the
CITY's possession relating to the ENGINEER's services on the PROJECT including information
on any pre-existing conditions known to the CITY that constitute hazardous waste contamination
on the PROJECT site as determined by an authorized regulatory agency.
3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably
accessible to ENGINEER as required for ENGINEER's performance of its services and will
provide labor and safety equipment as reasonably required by ENGINEER for such access.
3.3 TIMELY REVIEW: The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY
deems appropriate; and render in writing decisions required of CITY in a timely manner. Such
examinations and decisions, however, shall not relieve the ENGINEER of any contractual
obligations nor of its duty to render professional services meeting the standards of care
applicable to its profession.
3.4 CITY shall appoint a CITY's Representative with respect to WORK to be performed under this
AGREEMENT. CITY's Representative shall have complete authority to transmit instructions and
receive information. ENGINEER shall be entitled to reasonably rely on such instructions made by
the CITY's Representative unless otherwise directed in writing by the CITY, but ENGINEER shall
be responsible for bringing to the attention of the CITY's Representative any instructions which
the ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER's
knowledge.
3.5 Any documents, services, and reports provided by the CITY to the ENGINEER are available
solely as additional information to the ENGINEER and will not relieve the ENGINEER of its
professional duties and obligations under this AGREEMENT or at law. The ENGINEER shall be
entitled to reasonably rely upon the accuracy and the completeness of such documents, services,
and reports, but shall be responsible for exercising customary professional care in using and
reviewing such documents, services, and reports and drawing conclusions from them.
SECTION 4 AUTHORIZATION, PROGRESS,AND COMPLETION
4.1 In signing this AGREEMENT, CITY grants ENGINEER specific authorization to proceed with
WORK described in Exhibit A by Task Order. The time for completion is defined in each Task
Order, or as amended.
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SECTION 5 COMPENSATION
5.1 COMPENSATION 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. Rates for calendar years 2025 and 2026 will be
established by the ENGINEER and approved by the CITY through a supplement to this
agreement.
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. Estimated Direct Non-Salary
Expenses are shown in Exhibit B.
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.
• That accommodation shall be at a reasonably priced hotel/motel.
• That air travel shall be by coach class and shall be used only when
absolutely necessary.
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 Exhibit B 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 The ENGINEER shall make all reasonable efforts to complete the WORK within the budget of
each approved task order and will keep CITY informed of progress toward that end so that the
budget or WORK effort can be adjusted if found necessary. The ENGINEER is not obligated to
incur costs beyond the indicated budget, as may be adjusted, nor is the CITY obligated to pay the
ENGINEER beyond these limits. When any budget has been increased, the ENGINEER's
excess costs expended prior to such increase will be allowable to the same extent as if such
costs had been incurred after the approved increase and provided that the CITY was informed in
writing at the time such costs were incurred.
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 a summary of time expended on the PROJECT for the current billing
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period, copies of subconsultant invoices, and any other supporting materials and details
determined necessary by the CITY to substantiate the costs incurred. CITY will use its best
efforts to pay such invoices within thirty (30) days of receipt and upon approval of the WORK
done and amount billed. CITY will notify the ENGINEER promptly if any problems are noted with
the invoice. CITY may question any item in an invoice, noting to ENGINEER the questionable
item(s) and withholding payment for such item(s). The ENGINEER may resubmit such items) in
a subsequent invoice together with additional supporting information requested.
5.4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on
the unpaid balance shall accrue beginning with the sixty-first (61st) day at the rate of 1.0% per
month or the maximum interest rate permitted by law, whichever is less; provided, however, that
no interest shall accrue pursuant to Chapter 39.76 RCW when before the date of timely payment
a notice of dispute is issued in good faith by the CITY to the ENGINEER pursuant to the terms of
RCW 39.76.020(4).
5.5 Final payment of any balance due the ENGINEER for PROJECT services will be made within
forty-five (45) days after satisfactory completion of the services required by this AGREEMENT as
evidenced by CITY's written acceptance and after such audit or verification as CITY may deem
necessary, together with ENGINEER's execution and delivery of a release of all known payment
claims against CITY arising under or by virtue of this AGREEMENT, other than such payment
claims, if any, as may be specifically exempted by the ENGINEER from the operation of the
release in stated amounts to be set forth therein.
5.6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY
of any claims, right, or remedy it may have against the ENGINEER under this AGREEMENT or
by law, nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure
or fault of the ENGINEER to satisfactorily perform the PROJECT WORK as required under this
AGREEMENT.
SECTION 6 RESPONSIBILITY OF ENGINEER
6.1 The ENGINEER shall be responsible for the professional quality, technical adequacy and
accuracy, timely completion, and the coordination of all plans, designs, drawings, specifications,
reports, and other services furnished by the ENGINEER under this AGREEMENT. The
ENGINEER shall, without additional compensation, correct or review any errors, omissions, or
other deficiencies in its plans, designs, drawings, specifications, reports, and other services. The
ENGINEER shall perform its WORK according to generally accepted civil engineering standards
of care and consistent with achieving the PROJECT WORK within budget, on time, and in
compliance with applicable laws, regulations, and permits.
6.2 CITY's review or approval of, or payment for, any plans, drawings, designs, specifications,
reports, and incidental WORK or services furnished hereunder shall not in any way relieve the
ENGINEER of responsibility for the technical adequacy, completeness, or accuracy of its WORK
and the PROJECT WORK. CITY's review, approval, or payment for any of the services shall not
be construed to operate as a waiver of any rights under this AGREEMENT or at law or any cause
of action arising out of the performance of this AGREEMENT.
6.3 In performing WORK and services hereunder, the ENGINEER and its subcontractors,
subconsultants, employees, agents, and representatives shall be acting as independent
contractors and shall not be deemed or construed to be employees or agents of CITY in any
manner whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an officer or
employee of CITY by reason hereof and shall not make any claim, demand, or application to or
for any right or privilege applicable to an officer or employee of CITY. The ENGINEER shall be
solely responsible for any claims for wages or compensation by ENGINEER's employees, agents,
and representatives, including subconsultants and subcontractors, and shall save and hold CITY
harmless therefrom.
6.4 INDEMNIFICATION AND HOLD HARMLESS:
6.4.1 ENGINEER shall take all necessary precautions in performing the WORK to prevent
injury to persons or property. The ENGINEER agrees to release, indemnify, defend, and
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hold harmless the CITY, its elected and appointed officials, officers, employees, agents,
representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages,
and expenses related to all claims, suits, arbitration actions, investigations, and
regulatory or other governmental proceedings arising from or in connection with this
AGREEMENT or the acts, failures to act, errors or omissions of the ENGINEER, or any of
ENGINEER's agent(s) or subcontractor(s), in performance of this AGREEMENT, except
for claims caused by the CITY's sole negligence. The CITY's right to indemnification
includes attorney's fees and costs associated with establishing the right to
indemnification hereunder in favor of the City.
6.4.2 If any suit,judgment, action, claim or demand arises out of, or occurs in conjunction with,
the negligent acts and/or omissions of both the ENGINEER and the City, or their elected
or appointed officials, officers, employees, agents, attorneys or volunteers, pursuant to
this AGREEMENT, each party shall be liable for its proportionate share of negligence for
any resulting suit, judgment, action, claim, demand, damages or costs and expenses,
including reasonable attorneys'fees.
6.4.3 Industrial Insurance Act Waiver. It is specifically and expressly understood that the
ENGINEER waives any immunity that may be granted to it under the Washington State
industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification.
ENGINEER's indemnification shall not be limited in any way by any limitation on the
amount of damages, compensation or benefits payable to or by any third party under
workers' compensation acts, disability benefit acts or any other benefits acts or programs.
ENGINEER shall require that its subcontractors, and anyone directly or indirectly
employed or hired by ENGINEER, and anyone for whose acts ENGINEER may be liable
in connection with its performance of this AGREEMENT, comply with the terms of this
paragraph, waive any immunity granted under Title 51 RCW, and assume all potential
liability for actions brought by their respective employees. The Parties acknowledge that
they have mutually negotiated this waiver.
6.4.4 Should a court of competent jurisdiction determine that this AGREEMENT is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of
the ENGINEER and the City, the ENGINEER's liability, including the duty and cost to
defend, shall be only to the extent of the ENGINEER's negligence.
6.4.5 Nothing contained in this Section or this AGREEMENT shall be construed to create a
liability or a right of indemnification in any third party.
6.4.6 The terms of this Section shall survive any expiration or termination of this AGREEMENT.
6.5 It is understood that any resident engineering or inspection provided by ENGINEER is for the
purpose of determining compliance with the technical provisions of PROJECT specifications and
does not constitute any form of guarantee or insurance with respect to the performance of a
contractor. ENGINEER does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for contractors' compliance with laws
and regulations. CITY shall use its best efforts to ensure that the construction contract requires
that the contractor(s) indemnify and name CITY, the CITY's and the ENGINEER's officers,
principals, employees, agents, representatives, and engineers as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability.
6.6 ENGINEER shall be solely responsible for and shall pay all taxes, deductions, and assessments,
including but not limited to federal income tax, FICA, social security tax, assessments for
unemployment and industrial injury insurance, and other deductions from income which may be
required by law or assessed against either party as a result of this AGREEMENT. In the event
the CITY is assessed a tax or assessment as a result of this AGREEMENT, ENGINEER shall pay
the same before it becomes due.
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,
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changed or unanticipated underground conditions may occur that could affect total PROJECT
cost and/or execution. These conditions and cost/execution effects are not the responsibility of
the ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate
standard of professional care, thoroughness, and judgment in performing such investigations.
SECTION 7 PROJECT SCHEDULE AND BUDGET
7.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component
tasks shall be as set forth in this AGREEMENT and attached Exhibits. The project schedule and
performance dates for the individual tasks shall be mutually agreed to by the CITY and the
ENGINEER within fifteen (15) days after execution of this AGREEMENT. The performance dates
and budgets for tasks may be modified only upon written agreement of the parties hereto. The
performance date for tasks and the completion date for the entire PROJECT shall not be
extended, nor the budget increased because of any unwarranted delays attributable to the
ENGINEER, but may be extended or increased by the CITY in the event of a delay caused by
special services requested by the CITY or because of unavoidable delay caused by any
governmental action or other conditions beyond the control of the ENGINEER which could not be
reasonably anticipated or avoided.
7.2 Not later than the tenth (10th) day of each calendar month during the performance of the
PROJECT, the ENGINEER shall submit to the CITY's Representative a copy of the current
schedule and a written narrative description of the WORK accomplished by the ENGINEER and
subconsultants on each task, indicating a good faith estimate of the percentage completion
thereof on the last day of the previous month. Additional oral or written reports shall be prepared
at the CITY's request for presentation to other governmental agencies and/or to the public.
SECTION 8 REUSE OF DOCUMENTS
8.1 All internal WORK products of the ENGINEER are instruments or services of this PROJECT.
There shall be no reuse, change, or alteration by the CITY or others acting through or on behalf
of the CITY without written permission of the ENGINEER, which shall not be unreasonably
withheld and will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its
officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses,
and costs including, but not limited to, litigation expenses and attorney's fees arising out of or
related to such unauthorized reuse, change, or alteration; provided, however, that the ENGINEER
will not be indemnified for such claims, damages, losses, and costs including, without limitation,
litigation expenses and attorney fees if they were caused by the ENGINEER's own negligent acts
or omissions.
8.2 The ENGINEER agrees that any and all plans, drawings, designs, specifications, computer
programs, technical reports, operating manuals, calculations, notes, and other WORK submitted,
or which are specified to be delivered under this AGREEMENT or which are developed or
produced and paid for under this AGREEMENT, whether or not complete, shall be owned by and
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 and practices consistently applied.
The CITY, or the CITY's duly authorized representative, shall have access to such books,
records, documents, and other evidence for inspection, audit, and copying for a period of six (6)
years after completion of the PROJECT. The CITY shall also have access to such books,
records, and documents during the performance of the PROJECT WORK, if deemed necessary
by the CITY,to verify the ENGINEER's WORK and invoices.
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9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
9.3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the ENGINEER is afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any supporting documentation
on the pertinent portions of the draft audit report and that the final audit report will include
ENGINEER's written comments, if any.
9.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the PROJECT.
9.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY.
SECTION 10 INSURANCE
10.1 At all times during performance of the WORK or obligations under this AGREEMENT,
ENGINEER shall secure and maintain in effect insurance to protect the CITY and the ENGINEER
from and against all claims, damages, losses, and expenses arising out of or resulting from the
performance of this AGREEMENT. ENGINEER shall provide and maintain in force insurance in
limits no less than those stated below, as applicable. The CITY reserves the right to require
higher limits should it deem it necessary in the best interest of the public. If ENGINEER carries
higher coverage limits than the limits stated below, such higher limits shall be shown on the
Certificate of Insurance and Endorsements and ENGINEER shall be named as an additional
insured for such higher limits. Failure by the CITY to demand such verification of coverage with
these insurance requirements or failure of the CITY to identify a deficiency from the insurance
documentation provided shall not be construed as a waiver of ENGINEER's obligation to maintain
such insurance. ENGINEER's insurance coverage shall be primary insurance with respect to
those who are Additional Insureds under this AGREEMENT. Any insurance, self-insurance or
insurance pool coverage maintained by the CITY shall be in excess of the ENGINEER's
insurance and neither the CITY nor its insurance providers shall contribute to any settlements,
defense costs, or other payments made by ENGINEER's insurance.
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.
10.1.2 Commercial Automobile Liability Insurance.
10.1.2.1 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.
10.1.2.2 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
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AGREEMENT, which is Section 10.1.1 entitled "Commercial General Liability
Insurance".
10.1.2.3 Under either situation described above in Section 10.1.2.1 and Section
10.1.2.2, 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
Contract. The insured shall not cancel or change the insurance without first giving the
CITY thirty (30) calendar days prior written notice. The insurance shall be with an
insurance company or companies rated A-VII or higher in Best's Guide. If the policy is
written on a claims-made basis the coverage will continue in force for an additional two
(2) 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 elected and appointed officials, officers,
employees, agents, and representatives there under. The CITY and the CITY's elected
and appointed officials, officers, principals, employees, representatives, and agents
shall have no obligation for payment of premiums because of being named as
additional insureds under such insurance. None of the policies issued pursuant to the
requirements contained herein shall be canceled, allowed to expire, or changed in any
manner that affects the rights of the CITY until thirty (30) days after written notice to the
CITY of such intended cancellation, expiration or change.
10.2 If at any time during the life of the AGREEMENT, or any extension, ENGINEER fails to maintain
the required insurance in full force and effect, all WORK under the AGREEMENT shall be
discontinued immediately. Any failure to maintain the required insurance may be sufficient cause
for the CITY to terminate the AGREEMENT.
SECTION 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. However, ENGINEER shall
be considered the Prime Contractor hereunder and shall be the sole point of contact with regard
to all contractual matters arising hereunder, including the performance of WORK and payment of
any and all charges resulting from contractual obligations.
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.
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11.3 CITY hereby authorizes the ENGINEER to subcontract with the following persons or firms for the
purpose of completing this AGREEMENT:
• GN Northern, Inc.
• Baer Testing, Inc.
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.
11.5 If dissatisfied with the background, performance, and/or general methodologies of any
subcontractor, the CITY may request in writing that the subcontractor be removed. The
ENGINEER shall comply with this request at once and shall not employ the subcontractor for any
further WORK under this AGREEMENT.
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. The ENGINEER for itself and its heirs,
executors, administrators, successors, and assigns, does hereby agree to the full performance of
all of the covenants herein contained upon the part of the ENGINEER. 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 for all disputes arising under this
AGREEMENT shall lie in a court of competent jurisdiction in Yakima County, Washington.
SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION
15.1 During the performance of this AGREEMENT, ENGINEER and ENGINEER's subconsultants and
subcontractors shall not discriminate in violation of any applicable federal, state and/or local law
or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any
other classification protected under federal, state, or local law. This provision shall include but
not be limited to the following: employment, upgrading, demotion, transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation, selection for
training, and the provision of services under this AGREEMENT. ENGINEER agrees to comply
with the applicable provisions of State and Federal Equal Employment Opportunity and
Nondiscrimination statutes and regulations.
SECTION 16 SUSPENSION OF WORK
16.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this
AGREEMENT if unforeseen circumstances beyond CITY's control are interfering with normal
progress of the WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of
the WORK under this AGREEMENT if unforeseen circumstances beyond ENGINEER's control
are interfering with normal progress of the WORK. ENGINEER may suspend WORK on the
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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.
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.
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17.8 If, because of death, unavailability, or any other occurrence, it becomes impossible for any key
personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the
ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its
obligations to complete performance under this AGREEMENT without the concurrence and
written approval of CITY. If CITY agrees to termination of this AGREEMENT under this provision,
payment shall be made as set forth in subparagraph 17.3 of this Section.
SECTION 18 DISPUTE RESOLUTION
18.1 In the event that any dispute shall arise as to the interpretation or performance of this
AGREEMENT, or in the event of a notice of default as to whether such default does constitute a
breach of the contract, and if the parties hereto cannot mutually settle such differences, then the
parties shall first pursue mediation as a means to resolve the dispute. If neither of the afore
mentioned methods are successful then any dispute relating to this AGREEMENT shall be
decided in the courts of Yakima County, in accordance with SECTION 14. If both parties consent
in writing, other available means of dispute resolution may be implemented.
SECTION 19 NOTICE
19.1 Any notice required to be given under the terms of this AGREEMENT shall be directed to the
party at the address set forth below. Notice shall be considered issued and effective upon receipt
thereof by the addressee-party, or seventy-two (72) hours after mailing by certified mail to the
place of business set forth below,whichever is earlier.
CITY: City of Yakima
Attn: Mike Shane, Water/Irrigation Engineer
Dana Kallevig, Wastewater Utility Project Manager
129 North 2nd Street
Yakima, WA 98901
ENGINEER: HLA Engineering and Land Surveying, Inc. (HLA)
Attn: Michael T. Battle, PE, President
2803 River Road
Yakima, WA 98902
SECTION 20 INSPECTION AND PRODUCTION OF RECORDS
20.1 The records relating to the WORK shall, at all times, be subject to inspection by and with the
approval of the CITY, but the making of(or failure or delay in making) such inspection or approval
shall not relieve ENGINEER of responsibility for performance of the WORK in accordance with
this AGREEMENT, notwithstanding the CITY's knowledge of defective or non-complying
performance, its substantiality or the ease of its discovery. ENGINEER shall provide the CITY
sufficient, safe, and proper facilities, and/or send copies of the requested documents to the CITY.
ENGINEER's records relating to the WORK will be provided to the CITY upon the CITY's request.
20.2 ENGINEER shall promptly furnish the CITY with such information and records which are related
to the WORK of this AGREEMENT as may be requested by the CITY. Until the expiration of six
(6) years after final payment of the compensation payable under this AGREEMENT, or for a
longer period if required by law or by the Washington Secretary of State's record retention
schedule, ENGINEER shall retain and provide the CITY access to (and the CITY shall have the
right to examine, audit and copy) all of ENGINEER's books, documents, papers and records
which are related to the WORK performed by ENGINEER under this AGREEMENT.
20.3 All records relating to ENGINEER's services under this AGREEMENT must be made available to
the CITY, and the records relating to the WORK are CITY 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 under this AGREEMENT must be
retained by ENGINEER for the minimum period of time required pursuant to the Washington
Secretary of State's records retention schedule.
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20.4 The terms of this section shall survive any expiration or termination of this AGREEMENT.
SECTION 21 COMPLIANCE WITH THE LAW
21.1 ENGINEER agrees to perform all WORK under and pursuant to this AGREEMENT in full
compliance with any and all applicable laws, rules, and regulations adopted or promulgated by
any governmental agency or regulatory body, whether federal, state, local, or otherwise, including
policies adopted by the CITY, as those laws, ordinances, rules, regulations, and policies now
exist or may hereafter be amended or enacted. ENGINEER shall procure and have all applicable
and necessary permits, licenses and approvals of any federal, state, and local government or
governmental authority or this project, pay all charges and fees, and give all notices necessary
and incidental to the due and lawful execution of the WORK.
21.2 ENGINEER shall procure and have all applicable and necessary permits, licenses and approvals
of any federal, state, and local government or governmental authority or this project, pay all
charges and fees, and give all notices necessary and incidental to the due and lawful execution of
the WORK.
21.2.1 Procurement of a City Business License. ENGINEER must procure a City of Yakima
Business License and pay all charges, fees, and taxes associated with said license.
21.2.2 ENGINEER must provide proof of a valid Washington department of Revenue state
excise tax registration number, as required in Title 85 RCW.
21.2.3 ENGINEER must provide proof of a valid Washington Unified Business Identification
(UBI) number. ENGINEER must have a current UBI number and not be disqualified
from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3).
21.2.4 ENGINEER must provide proof of a valid Washington Employment Security Department
number as required by Title 50 RCW.
21.2.5 Foreign (Non-Washington) Corporations: Although the CITY does not require foreign
corporate proposers to qualify in the CITY, County or State prior to submitting a proposal,
it is specifically understood and agreed that any such corporation will promptly take all
necessary measures to become authorized to conduct business in the City of Yakima, at
their own expense, without regard to whether such corporation is actually awarded the
contract, and in the event that the award is made, prior to conducting any business in the
CITY.
SECTION 22 MISCELLANEOUS PROVISIONS
22.1 Pay transparency nondiscrimination. The ENGINEER will not discharge or in any other manner
discriminate against employees or applicants because they have inquired about, discussed, or
disclosed their own pay or the pay of another employee or applicant. However, employees who
have access to the compensation information of other employees or applicants as a part of their
essential job functions cannot disclose the pay of other employees or applicants to individuals
who do not otherwise have access to compensation information, unless the disclosure is (a) in
response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or (c) consistent with the
contractor's legal duty to furnish information.
22.3 Severability. If any term or condition of this AGREEMENT or the application thereof to any
person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions
or applications which can be given effect without the invalid term, condition or application. To this
end, the terms and conditions of this AGREEMENT are declared severable.
22.4 Agreement documents. This AGREEMENT, the Request for Qualifications & Proposals No.
12215Q, titled Design and Construction Services, conditions, addenda, and modifications and
ENGINEER's proposal (to the extent consistent with Yakima City documents) constitute the
Agreement Documents and are complementary. Specific Federal and State laws and the terms
of this AGREEMENT, in that order respectively, supersede other inconsistent provisions. These
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Agreement Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St.,
Yakima, WA, 98901, and are hereby incorporated by reference into this AGREEMENT.
22.5 Notice of change in financial condition. If, during this AGREEMENT, the ENGINEER experiences
a change in its financial condition that may affect its ability to perform under the AGREEMENT, or
experiences a change of ownership or control, the ENGINEER shall immediately notify the City in
writing. Failure to notify the City of such a change in financial condition or change of ownership
or control shall be sufficient grounds for termination.
22.6 No conflicts of interest. ENGINEER represents that it or its employees do not have any interest
and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner
or degree with the performance of this AGREEMENT. ENGINEER further covenants that it will
not hire anyone or any entity having such a conflict of interest during the performance of this
AGREEMENT.
22.7 Promotional advertising prohibited. Reference to or use of the CITY, any of its departments,
agencies or other subunits, or any official or employee for commercial promotion is prohibited.
News releases pertaining to this procurement shall not be made without prior approval of the
CITY. Release of broadcast emails pertaining to this procurement shall not be made without prior
written authorization of the CITY.
22.8 Time is of the essence. Timely provision of the WORK required under this AGREEMENT shall be
of the essence of the AGREEMENT, including the provision of the WORK within the time agreed
or on a date specified herein.
22.9 Waiver of breach. A waiver by either party hereto of a breach of the other party hereto of any
covenant or condition of this AGREEMENT shall not impair the right of the party not in default to
avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist
upon strict performance of any agreement, covenant or condition of this AGREEMENT, or to
exercise any right herein given in any one or more instances, shall not be construed as a waiver
or relinquishment of any such agreement, covenant, condition or right.
22.10 Force Majeure. ENGINEER will not be responsible for delays in delivery due to acts of God, fire,
strikes, riots, delay in transportation, or those effects of epidemics or pandemics that could not
have been reasonably anticipated or mitigated through acts of the ENGINEER; provided
ENGINEER notifies the CITY immediately in writing of such pending or actual delay. Normally in
the event of such delays, the date of delivery of WORK will be extended for a period of time equal
to the time lost due to the reason for delay.
22.11 Authority. The person executing this AGREEMENT on behalf of ENGINEER represents and
warrants that they have been fully authorized by ENGINEER to execute this AGREEMENT on its
behalf and to legally bind ENGINEER to all terms, performances, and provisions of this
AGREEMENT.
22.12 Survival. The foregoing sections of this AGREEMENT, inclusive, shall survive the expiration or
termination of this AGREEMENT, in accordance with their terms.
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IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their
respective authorized officers or representatives as of the day and year first above written.
CITY OF YAKIMA HLA ENGINEERING AND LAND SURVEYING, INC.
Signature Signature
Printed Name: Robert Harrison. Printed Name: Michael T. Battle, PE
Title: City Manager Title: President
Date: Date: � 2 —
Attest
Sonya Claar Tee, City Clerk
Resolution: R-2022-
Contract 2022-
Page 14
18
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
(Signature)
Title
Printed Name
My commission expires:
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19
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: 1 ..�. . Ut
Seal or StampPit j
r i.
(Sig .ture)
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`�S HA/`/ '/i 1
4\� .•'oi/2a/ •� ��'., Title 4
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=▪CD:o Q��4N6 ;�� Printed Name
""t'j COMM.N0•'• �• My commission expire 4t ,
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Page 16
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EXHIBIT A— PROJECT SCOPE OF SERVICES
CITY OF YAKIMA
WATER/IRRIGATION AND WASTEWATER DIVISIONS
LOW-INCOME AND UNSERVED UTILITY AREAS
Perform Engineering services as requested by the CITY for the Water/Irrigation and Wastewater System
Capital Improvements. CITY shall create Task Order(s) for each specific task assigned. All Task Orders
will be mutually agreed upon for specific scope of work, time of performance and fee for service, prior to
approval by the CITY and commencement of subsequent work. Each invoice prepared by ENGINEER
shall specify the Task Order for which payment is requested, the work performed thereon during the
invoice period, and any specific information related to the identified Tasks.
The contract term for this AGREEMENT shall be for calendar years 2022, 2023, 2024, 2025 and 2026.
Task Orders in progress and budgeted during this term shall be completed in accordance with the
approved schedule for each Task Order.
The Water System Capital Improvements shall be based on the following, as directed by the CITY:
Areas identified as low-income and currently not served by a City of Yakima public water system.
The Wastewater System Capital Improvements shall be based on the following, as directed by the CITY:
Areas identified as low-income and currently not served by a City of Yakima public sanitary sewer system.
All Task Orders will be based on the improvements identified by the City of Yakima and HLA Engineering
and Land Surveying, Inc. These Plans are subject to change by the CITY as individual capital
improvements are completed and/or new areas of priority are identified. Improvements will be determined
by the CITY and Task Orders developed accordingly.
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EXHIBIT B
SCHEDULE OF RATES
FOR
HLA Engineering and Land Surveying, Inc.
Effective January 1, 2022, through December 31, 2022
Senior Principal Engineer $235.00 per hour
Licensed Principal Land Surveyor $215.00 per hour
Licensed Principal Engineer $210.00 per hour
Licensed Professional Engineer $189.00 per hour
Other Licensed Professional $189.00 per hour
Project Engineer II $173.00 per hour
Licensed Professional Land Surveyor $170.00 per hour
Project Engineer I $155.00 per hour
Contract Administrator III $142.00 per hour
Senior Planner $140.00 per hour
CAD Technician $136.00 per hour
Engineering Technician III $128.00 per hour
Resident Engineer $128.00 per hour
Surveyor $126.00 per hour
Surveyor on Two Man Crew $120.00 per hour
Contract Administrator II $118.00 per hour
Engineering Technician II $110.00 per hour
Surveyor on Three Man Crew $105.00 per hour
Contract Administrator I $91.00 per hour
Engineering Technician I $91.00 per hour
Administrative/Clerical $91.00 per hour
Vehicle Mileage Federal Rate
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EXHIBIT B
SCHEDULE OF RATES
FOR
HLA Engineering and Land Surveying, Inc.
Effective January 1, 2023, through December 31, 2023
Senior Principal Engineer $245.00 per hour
Licensed Principal Land Surveyor $220.00 per hour
Licensed Principal Engineer $218.00 per hour
Licensed Professional Engineer $198.00 per hour
Other Licensed Professional $196.00 per hour
Project Engineer II $180.00 per hour
Licensed Professional Land Surveyor $175.00 per hour
Project Engineer I $161.00 per hour
Contract Administrator Ill $147.00 per hour
Senior Planner $145.00 per hour
CAD Technician $141.00 per hour
Engineering Technician Ill $133.00 per hour
Resident Engineer $133.00 per hour
Surveyor $128.00 per hour
Contract Administrator II $122.00 per hour
Surveyor on Two Man Crew $122.00 per hour
Surveyor on Three Man Crew $108.00 per hour
Engineering Technician II $114.00 per hour
Contract Administrator I $95.00 per hour
Engineering Technician I $95.00 per hour
Administrative/Clerical $95.00 per hour
Vehicle Mileage Federal Rate
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EXHIBIT B
SCHEDULE OF RATES
FOR
HLA Engineering and Land Surveying, Inc.
Effective January 1, 2024, through December 31, 2024
Senior Principal Engineer $255.00 per hour
Licensed Principal Engineer $228.00 per hour
Licensed Principal Land Surveyor $225.00 per hour
Licensed Professional Engineer $205.00 per hour
Other Licensed Professional $204.00 per hour
Project Engineer II $187.00 per hour
Licensed Professional Land Surveyor $180.00 per hour
Project Engineer I $166.00 per hour
Contract Administrator III $152.00 per hour
Senior Planner $148.00 per hour
CAD Technician $146.00 per hour
Engineering Technician III $138.00 per hour
Resident Engineer $137.00 per hour
Surveyor $132.00 per hour
Contract Administrator II $126.00 per hour
Surveyor on Two Man Crew $125.00 per hour
Surveyor on Three Man Crew $110.00 per hour
Engineering Technician II $118.00 per hour
Contract Administrator I $98.00 per hour
Engineering Technician I $98.00 per hour
Administrative/Clerical $98.00 per hour
Vehicle Mileage Federal Rate
End of Exhibit B
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For City of Yakima Use Only:
Contract No.2022-
Project No. AC2570/SC2605
Resolution No.2022-
SOQ No. 12215Q
TASK ORDER NO. 2022-01
REGARDING AGREEMENT BETWEEN CITY OF YAKIMA
(CITY CONTRACT NO. 2022- , RESOLUTION NO. R-2022- )
AND
HLA ENGINEERING AND LAND SURVEYING, INC.
PROJECT DESCRIPTION:
Water/Irrigation and Wastewater Divisions
Low-Income and Unserved Utility Areas,AC2570 and SC2605 (PROJECT)
HLA Project No. 22133E
The City of Yakima (CITY)desires to make available both domestic water and sanitary sewer in low-income
and currently unserved areas of northeast, northcentral, and southcentral Yakima. Improvements are to
consist of water distribution mains, sanitary sewer collection mains, service lines to existing right of way,
associated improvements, and surfacing repair.
Improvements in the northeast area generally fall east of N. 2nd Street, west of N. 6th Street, north of
Erickson Lane and south of Interstate 82. Improvements in the northcentral area generally fall east of 20th
Avenue, west of 18th Avenue, north of McKinley Avenue and south of Englewood Avenue. Improvements
in the southcentral area generally fall east of Pleasant Avenue,west of S. 10th Avenue, north of King Street
extended, and south of W. Mead Avenue.
SCOPE OF SERVICES:
At the direction of the CITY, HLA Engineering and Land Surveying, Inc. (HLA), shall provide professional
engineering and land surveying services for the PROJECT. HLA services shall include:
1.0 Funding Source Recommendations and Applications
1.1 Assist CITY with identifying funding sources applicable to the PROJECT.
1.2 As directed, assist the CITY with preparation and submittal of funding application(s).
2.0 Design Engineering
2.1 Provide complete project management to deliver the PROJECT within mutually determined
expectations.
2.2 Attend kick-off meeting with the CITY to identify extent and type of improvements.
2.3 Provide preliminary cost estimate(s) for CITY selected initial improvements.
2.4 Perform detailed topographic survey of the PROJECT area(s) as required to complete design,
plans, and specifications, including call for utility locates and obtaining invert elevations of
existing infrastructure (no potholing is anticipated to be performed).
2.5 Research and identify existing easements and right of way limits for the PROJECT.
2.6 Perform field investigations necessary to design the identified improvements.
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2.7 Complete review of the existing system, connection locations and looping alternatives, and
provide any change in improvement recommendations from CITY selected initial
improvements.
2.8 Review and identify public and private utilities within the PROJECT area.
2.9 Perform the preliminary design. Present, review, and discuss preliminary plans with the CITY
at 30%, 60%, and 90% completion.
2.10 Provide quality assurance and quality control review for each level of design completion (30%,
60%, and 90%).
2.11 Coordinate Agency reviews and incorporate Agency comments for each level of design
completion (30%, 60%, and 90%).
2.12 On basis of approved preliminary plans, perform the final design, and prepare complete plans
and specifications for publicly-bid improvements, as authorized by the CITY.
2.13 Prepare the Engineer's Estimate of construction cost.
3.0 Bidding and Construction Engineering
Bidding and Construction Engineering-services will be added as a separate Task Order or amendment to
this Task Order once the CITY moves forward with construction.
4.0 Additional Services
Provide professional engineering and land surveying services for additional work requested by the CITY
that is not included above.
5.0 Items to be Furnished and Responsibility of CITY
The CITY will provide or perform the following:
5.1 Provide full information as to CITY requirements of the PROJECT.
5.2 Assist HLA by placing at their disposal all available information pertinent to the PROJECT,
including previous reports, drawings, plats, surveys, utility records, and any other data relative
to design and construction of the PROJECT.
5.3 Provide staff and equipment to pothole at specific areas of potential conflict or interest,
necessary to confirm the design.
5.4 Contact property owners affected by the PROJECT and gain necessary access to property for
field investigation, design, and construction of improvements.
5.5 Examine all studies, reports, sketches, estimates, specifications, drawings, proposals, and
other documents presented by HLA and provide written decisions within a reasonable time as
not to delay the work of HLA.
5.6 Obtain approval of all governmental authorities with jurisdiction over the PROJECT and
approvals and consents from other individuals or bodies as necessary for completion of the
PROJECT.
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TIME OF PERFORMANCE:
WATER/IRRIGATION DIVISION
The services called for in this Task Order shall be completed as follows:
1.0 Funding Source Recommendations and Applications
These services shall begin immediately following receipt of the signed Task Order and continue until funding
is secured for bidding and construction of the PROJECT. Once a funding source is identified, the
associated funding application will be completed within a mutually agreeable timeframe.
2.0 Design Engineering
Plans, specifications, and cost estimate for this phase shall be completed within one-hundred sixty (160)
working days following receipt of signed Task Order. It is anticipated one complete bid package will be
prepared for all improvements. If the City directs a portion of the work and/or multiple bid packages, then
time of completion to prepare multiple bid packages will be mutually agreed and included under an
amendment to this agreement for Bidding and Construction Services.
3.0 Bidding and Construction Engineering
Time of completion for work directed by the CITY for this phase shall be negotiated and mutually agreed
upon when services are requested by the CITY.
4.0 Additional Services
Time of completion for work directed by the CITY for this phase shall be negotiated and mutually agreed
upon when services are requested by the CITY.
WASTEWATER COLLECTIONS DIVISION
1.0 Funding Source Recommendations and Applications
These services shall begin immediately following receipt of the signed Task Order and continue until funding
is secured for bidding and construction of the PROJECT. Once a funding source is identified, the
associated funding application will be completed within a mutually agreeable timeframe.
2.0 Design Engineering
Plans, specifications, and cost estimate for this phase shall be completed within one-hundred sixty (160)
working days following receipt of signed Task Order. It is anticipated one complete bid package will be
prepared for all improvements. If the City directs a portion of the work and/or multiple bid packages, then
time of completion to prepare multiple bid packages will be mutually agreed and included under an
amendment to this agreement for Bidding and Construction Services.
3.0 Bidding and Construction Engineering
Time of completion for work directed by the CITY for this phase shall be negotiated and mutually agreed
upon when services are requested by the CITY.
4.0 Additional Services
Time of completion for work directed by the CITY for this phase shall be negotiated and mutually agreed
upon when services are requested by the CITY.
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FEE FOR SERVICE:
For services furnished by HLA as described in this Task Order, the CITY agrees to pay HLA the not to
exceed fees as set forth in 1.0 and 2.0 below. The amounts listed below may be revised only by written
agreement of both parties. A fee breakdown is provided in EXHIBIT 1 attached.
WATER/IRRIGATION DIVISION
1.0 Funding Source Recommendations and Applications
Work directed by the CITY for this phase shall be performed on a time-spent basis at the hourly billing rates
provided in EXHIBIT B of the Agreement (City Contract No. 2022-_, Resolution No. R-2022- ), plus
reimbursement for direct non-salary expenses as described in section 5.1.1 for the estimated maximum fee
of$15,000.
2.0 Design Engineering
Work directed by the CITY for this phase shall be performed on a time-spent basis at the hourly billing rates
provided in EXHIBIT B of the Agreement (City Contract No. 2022-_, Resolution No. R-2022-_), plus
reimbursement for direct non-salary expenses as described in section 5.1.1 for the estimated maximum fee
of$207,700. It is anticipated one complete bid package will be prepared for all improvements. If the City
directs a portion of the work and/or multiple bid packages, then work to prepare multiple bid packages will
be performed as additional services or under an amendment to this agreement for Bidding and Construction
Services.
3.0 Bidding and Construction Engineering
Work directed by the CITY for this phase shall be negotiated and mutually agreed upon when services are
requested by the CITY.
4.0 Additional Services
Additional work requested by the CITY not included above shall be authorized by the CITY and agreed to
by HLA in writing prior to proceeding with services. HLA shall perform additional services as
directed/authorized by the CITY on a time-spent basis at the hourly billing rates included in our General
Agreement (City Contract No. 2022- , Resolution No. R-2022- ), plus reimbursement for direct
non-salary expenses such as laboratory testing, printing expenses, out of town travel costs, and outside
consultants.
WASTEWATER COLLECTIONS DIVISION
1.0 Funding Source Recommendations and Applications
Work directed by the CITY for this phase shall be performed on a time-spent basis at the hourly billing rates
provided in EXHIBIT B of the Agreement (City Contract No. 2022- , Resolution No. R-2022- ), plus
reimbursement for direct non-salary expenses as described in section 5.1.1 for the estimated maximum fee
of$15,000.
2.0 Design Engineering
Work directed by the CITY for this phase shall be performed on a time-spent basis at the hourly billing rates
provided in EXHIBIT B of the Agreement (City Contract No. 2022-_, Resolution No. R-2022- ), plus
reimbursement for direct non-salary expenses as described in section 5.1.1 for the estimated maximum fee
of$320,500. It is anticipated one complete bid package will be prepared for all improvements. If the City
directs a portion of the work and/or multiple bid packages, then work to prepare multiple bid packages will
be performed as additional services or under an amendment to this agreement for Bidding and Construction
Services.
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3.0 Bidding and Construction Engineering
Work directed by the CITY for this phase shall be negotiated and mutually agreed upon when services are
requested by the CITY.
4.0 Additional Services
Additional work requested by the CITY not included above shall be authorized by the CITY and agreed to
by HLA in writing prior to proceeding with services. HLA shall perform additional services as
directed/authorized by the CITY on a time-spent basis at the hourly billing rates included in our General
Agreement (City Contract No. 2022- , Resolution No. R-2022- ), plus reimbursement for direct
non-salary expenses such as laboratory testing, printing expenses, out of town travel costs, and outside
consultants.
CITY OF YAKIMA HLA ENGINEERING AND LAND SURVEYING, INC.
Signature Signature
Printed Name: Robert Harrison Printed Name: Michael T. Battle, PE
Title: City Manager Title: President
Date: Date:
Attest
City Clerk
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29
EXHIBIT 1 —PROFESSIONAL SERVICES
Low-Income and Unserved Utility Areas,AC2570 (PROJECT)
Task Order No. 2022-01
HLA Project No. 22133E
For the services described in Task Order No. 2022-01, compensation shall be paid per Section 5 of the
Agreement (City Contract No. 2022-_, Resolution No. R-2022- ). The following spreadsheet shows
the estimated time and expenses to perform said services.
Project Title: Low-Income and Unserved Utility Areas
Client: City of Yakima
Task Order No.2022-01
Date: July 27,2022 ENGINEER'S HOURLY ESTIMATE
Senior Licensed Project Licensed Two Man Senior Admin/
Task Project Task Principal Principal Engineer I Land Survey Planner Clerical Total Task Direct
No. Engineer Engineer Surveyor Crew Hours Costs
$235 $210 $155 $170 $240 $140 $91
WATER/IRRIGATION DIVISION
1.0 Funding Source Recommendations and Applications
1 Assist City with identifying funding sources applicable to 4 6 8 0 D 12 4 34 $5,484
the PROJECT
2 Prepare and submit funding applications 4 12 16 0 0 18 12 62 $9,552
Labor Subtota 8 18 24 0 0 30 16 96 $15,036
1.0 Funding Source Recommendations and Applications $15,000
Senior Licensed Project Licensed Two Man CAD Admin/
Task Project Task Principal Principal Engineer I Land Survey Technician Clerical Total Task Direct
No. Engineer En.ineer Surveyor Crew Hours Costs
$235 $210 $155 $170 $240 $136 $91
2.0 Design Engineering-Water Division
1 Project Management 24 24 0 0 0 0 16 64 $12,136
2 Project Kick-off Meeting 6 6 0 0 0 4 0 16 $3,214
3 Preliminary cost estimates for identified improvements 8 12 0 0 0 16 0 36 $6,576
4 Detailed topographic survey 0 8 8 16 80 32 0 144 $29,192
5 Review existing easements and right-of-way 0 6 8 32 16 16 0 78 $13,956
6 Field investigations 4 8 24 0 0 16 0 52 $8,516
7 Review and provide improvement recommendations 2 8 24 0 0 16 0 50 $8,046
8 Review public and private utilities 0 8 24 8 8 16 0 64 $10,856
9 Preliminary Engineering Design(30%,60%and 90%) 36 64 96 2 0 192 24 414 $65,416
10 9-house project review,quality control(30%,60%and 12 18 24 0 0 16 16 86 $13,952
11 Review w/and Incorporate Agency comments(30%,60% 8 18 32 0 0 40 6 104 $16,606
and 90%)
12 Final design,plans,and specifications 6 16 18 2 0 40 8 90 $14,068
13 Prepare Engineer's Estimate of construction cost 2 4 8 0 0 16 4 34 $5,090
Labor Subtotal 108 200 266 60 104 420 74 1232 $207,624
EXPENSES:
Expenses: Cost/Unit Ground Days Days Miles Units
Mileage $0.63 120 $80
2.0 Design Engineering $207,700
TOTAL WATER/IRRIGATION DIVISION $222,700
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30
EXHIBIT 1 —PROFESSIONAL SERVICES (Continued)
Low-Income and Unserved Utility Areas, SC2605 (PROJECT)
Task Order No. 2022-01
HLA Project No. 22133E
Project Title: Low-Income and Unserved Utility Areas
Client: City of Yakima
Task Order No.2022-01
Date: July 27,2022 ENGINEER'S HOURLY ESTIMATE
Senior Licensed Project Licensed Two Man Senior Admin/
Task Project Task Principal Principal Engineer I Land Survey Planner Clerical Total Hours Task Direct
No. Engineer Engineer Surveyor Crew Costs
$235 $210 $155 $170 $240 $140 $91
WASTEWATER COLLECTIONS DIVISION!
1.0 Funding Source Recommendations and Applications
1 Assist City with identifying finding sources applicable to 4 6 8 0 0 12 4 34 $5,484
the PROJECT
2 Prepare and submit funding applications 4 12 16 0 0 18 12 62 $9,552
LaborSubtota 8 18 24 0 0 30 16 96 $15,036
1.0 Funding Source Recommendations and Applications $15,000
Senior Licensed Project Licensed Two Man CAD Admin/
Task Principal Principal Engineer I Land Survey Technician Clerical Task Direct
No. Project Task Engineer Engineer Surveyor Crew Total Hours
Costs
$235 $210 $155 $170 $240 $136 $91
2.0 Design Engineering-Wastewater Collections Division
1 Project Management 40 40 0 0 0 0 24 104 $19,984
2 Project Kick-off Meeting 6 6 0 0 0 6 0 18 $3,486
3 Preliminary cost estimates for identified improvements 16 24 0 0 0 24 0 64 $12,064
4 Detailed topographic survey 0 8 8 24 120 48 0 208 $42,328
5 Review existing easements and right-of-way 0 8 16 48 16 16 0 104 $18,336
6 Field investigations 4 16 40 0 8 24 0 92 $16,684
7 Review and provide improvement recommendations 2 16 40 0 0 24 0 82 $13,294
8 Review public and private utilities 0 8 24 12 8 16 0 68 $11,536
9 Preliminary Engineering Design(30%,60%and 90%) 48 96 180 4 0 340 40 708 $109,900
10 In-house project review,quality control(30%,60%and 12 18 32 0 0 24 24 110 $17,008
90%)
11 Review w/and Incorporate Agency comments(30%,60% 8 24 48 0 0 64 12 156 $24,156
and 90%)
12 Final design,plans,and specifications 8 24 36 4 0 64 16 152 $23,340
13 Prepare Engineer's Estimate of construction cost 4 8 18 0 0 24 6 60 $9,220
Labor Subtota 148 296 442 92 152 674 122 1926 $320,336
EXPENSES:
Expenses: Cost/Unit Ground Days Days Miles Units
Mileage $0.63 250 $160
$0
2.0 Design Engineering 320,500
TOTAL WASTEWATER COLLECTIONS DIVISION $335,500
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31
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