HomeMy WebLinkAboutHLA Engineering and Land Surveying, Inc. - Professional Services Agreement For City of Yakima Use Only:
Contract No.2022-I S0
Project No. IC2657 AGREEMENT
Resolution No. NA
SOQ No. 12246Q BETWEEN
CITY OF YAKIMA,WASHINGTON
AND
HLA ENGINEERING AND LAND SURVEYING, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this Anil day of Sfpkmher ,2022, 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 IRRIGATION
TRANSMISSION MAIN —WEST CHESTNUT AVENUE TO GLENN DRIVE RESERVOIR PROJECT NO.
IC2657 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. The
contract term for this AGREEMENT shall expire December 31, 2023.
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 ENGINEER to revise
portions of the PROJECT WORK previously completed in a satisfactory manner, delete portions of
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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 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 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 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 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 $31,060.75 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.
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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 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
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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, 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 PROJECT schedule and performance dates for the individual tasks shall be mutually agreed
to by the CITY and the ENGINEER. The performance dates and budgets for tasks may be modified
only upon written agreement of the parties hereto. The performance date for tasks shall not be
extended, nor the budget increased because of any unwarranted delays attributable to the
ENGINEER, but may be extended or increased by the CITY in the event of a delay caused by
special services requested by the CITY or because of unavoidable delay caused by any
governmental action or other conditions beyond the control of the ENGINEER which could not be
reasonably anticipated.
7.2 Not later than the tenth (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 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
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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.
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
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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
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
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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.
11.3 CITY hereby authorizes the ENGINEER to subcontract with the following 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.
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
Page 9 of 23
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 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
Page 10 of 23
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 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
2301 Fruitvale Boulevard
Yakima, WA 98902
COPY TO: City of Yakima
Attn: City Manager
129 North 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
SECTION 20 INSPECTION AND PRODUCTION OF RECORDS
20.1 All records in all formats 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
Page 11 of 23
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 all 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 fora 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. Prior to converting any
paper records to electronic format and/or destroying any records, ENGINEER shall contact CITY'S
Records Administrator (509-575-6037) to discuss retention. In no event shall any record relating
to the WORK be destroyed without CITY consultation.
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.
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.
Page 12 of 23
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, its attachments, and the Statement of Qualifications
as found on the MRSC Consultant Roster, RFQ No. 12246Q, 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 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. w
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
Page 13 of 23
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.
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 YAKIMA HLA ENGINEERING AND LAND SURVEYING, INC.
om_
Signature Signature
Printed Name: Robert Harrison Printed Name: Michael T. Battle, PE
Title: City Manager - Title: President
Date: •c o a, oa Date: Olt S /0- '2 Z
1
Attest .)Ctti _...r.= l.l'41y ••.*..
f
4 n S Clear Tee, City Clerk , .
Cell ftph—t s j
Resolution: NA 0 I 1 i I
Contract 2022- ISO CO f_.
•
Page 14 of 23
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 v luntary act of such party for the uses and purposes mentioned in the instrument.
Dated: a, v v�/,(D-
Seal or Stamp
OCIA)Aa/ 12
VP�gsiO 9�C% (Signature
NOTARY �.:
NO. 107265 N = Title
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Printed Na e
My commission expires: f i O 6
Page 15 of 23
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.yy
Dated: [�tg GL 5 4- 2 s 2 6 2 2
Seal or Stamp
1
Signature)
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Title
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Printed Name
Ci) A 0 My commission expires:Ja.y1Ul1(1 le �s� z�
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Page 16 of 23
EXHIBIT A
PROJECT SCOPE OF SERVICES
CITY OF YAKIMA
IRRIGATION TRANSMISSION MAIN —WEST CHESTNUT AVENUE TO GLENN DRIVE RESERVOIR
PROJECT IC2657
The City of Yakima (CITY) desires to rehabilitate a segment of the CITY's irrigation system, specifically,the
Irrigation Transmission Main —West Chestnut Avenue To Glenn Drive Reservoir(PROJECT) project.
HLA Engineering and Land Surveying, Inc. (ENGINEER), shall provide professional services for the CITY
as outlined in the Work Task descriptions below.
1.0 Design Engineering
1.1 Provide complete PROJECT management to deliver the PROJECT within mutually determined
expectations.
1.2 Attend up to two (2) PROJECT meetings with CITY staff at 60% and 90% plan completion to
fully review all elements of the PROJECT.
1.3 Assist with PROJECT updates and related administrative documents to the appropriate
agencies that have jurisdiction over design and construction of this PROJECT.
1.4 Review video inspection of the irrigation main as provided by the CITY and identify any
obstruction removal needs.
1.5 Perform the preliminary design and submit 60% preliminary plans and preliminary estimate to
the CITY. No topographic survey will be performed, and the design will be presented on an
aerial image.
1.6 Meet with CITY to review 60% submittal.
1.7 Following receipt of 60% plan review comments by the CITY, prepare 90% design plans and
submit to the CITY for review.
1.8 Review and discuss 90% design plans with CITY staff.
1.9 Following receipt of 90% plan review comments by the CITY, perform the final design, and
prepare complete plans and specifications for publicly bid improvements, as authorized by the
CITY.
1.10 Prepare the Engineer's Estimate of construction cost.
1.11 Following receipt of authorization from CITY, prepare advertisement for bids and provide to the
CITY for use and implementation. All fees associated with bidding will be paid by the CITY.
1.12 Furnish the CITY electronic copies of the final plans and specifications for bidding and
construction. It is anticipated HLA will prepare one(1) complete set of plans and specifications
for one bid call; additional bid packages will be considered additional services. Six(6) printed
copies of the contract documents will be made for later distribution to the CITY and Contractor
after contracts are awarded.
1.13 Submit bid advertisement to the Yakima Herald Republic.
1.14 Post contract plans and specifications to the HLA website for bidding purposes.
Page 17 of 23
1.15 Notify private utility companies and plan centers of upcoming PROJECT and maintain
planholders list, including contractors, subcontractors, and CITY staff.
1.16 Answer and supply such information as requested by prospective bidders.
1.17 Prepare and issue addenda, if necessary.
1.18 Attend bid opening and participate in the bid evaluation process.
1.19 Prepare tabulation of all bids received by the CITY and review bidder's qualifications and
responsiveness.
1.20 Make recommendation of construction contract award to the lowest responsible bidder.
1.21 Prepare Notice of Award to Contractor.
1.22 Assemble construction contracts and coordinate execution of the contract with the CITY and
Contractor, including review of bond and insurance requirements.
2.0 Construction Engineering
2.1 Coordinate and facilitate preconstruction meeting with the CITY, Contractor, utility companies,
and affected agencies.
2.2 Prepare and issue Notice to Proceed to the Contractor.
2.3 Assist CITY with preparing construction impacts informational worksheets for CITY distribution
to nearby property owners, as requested.
2.4 Furnish a qualified resident engineer(inspector) to observe construction at the PROJECT site
during all significant work. The resident engineer shall provide surveillance of construction for
substantial compliance with plans and specifications.
2.5 Perform measurement and computation of pay items, prepare, and file progress reports for the
PROJECT with the CITY, and provide monthly progress pay estimates to the CITY.
2.6 Administer weekly construction meetings as requested by CITY.
2.7 Prepare weekly statements of working days.
2.8 Consult and advise the CITY during construction and make a final report of the completed work.
2.9 Monitor the Contractor's compliance with the contract documents labor standards and review
Statements of Intent to Pay Prevailing Wages and Affidavits of Wages Paid.
2.10 Review Contractor's submission of samples and shop drawings, when applicable.
2.11 Review materials testing results for compliance with plans and specifications.
2.12 Recommend progress payments for the Contractor to the CITY.
2.13 Prepare and submit proposed contract change orders when applicable.
2.14 Review post-installation video inspection of the sewer main as provided by the Contractor and
identify any deficiencies.
2.15 Perform final walk-through with the CITY and Contractor, and issue final punch list.
Page 18 of 23
2.16 Prepare and furnish reproducible record drawings of all completed work from as-built drawings
furnished by the resident engineer and Contractor.
3.0 Additional Services
Provide professional engineering and land surveying services for additional work requested by the CITY
that is not included above.
4.0 Items to be Furnished and Responsibility of CITY
The CITY will provide or perform the following:
4.1 Provide full information as to CITY requirements of the PROJECT.
4.2 Assist HLA by placing at their disposal all available information pertinent to the site of the
PROJECT, including previous reports, drawings, plats, surveys, utility records, and any other
data relative to design and construction of the PROJECT.
4.3 Provide video inspection files of all PROJECT pipeline segments.
4.4 Contact property owners affected by the PROJECT and gain necessary access to property for
field investigation, design, and construction of improvements. Entry to private property will not
be made until a CITY approved agreement is obtained.
4.5 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.
4.6 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.
4.7 Pay for PROJECT bid advertisement costs.
4.8 Pay for all necessary testing costs and permit fees.
End of Exhibit A
Page 19 of 23
EXHIBIT B
FEE BREAKDOWN
The following spreadsheet shows the estimated time and expenses to perform said services. The maximum
amount of compensation to the ENGINEER shall not exceed that amount in Section 5, but the ENGINEER
reserves the right to move fee and hours between tasks as necessary to complete the PROJECT.
Project Title: Irrigation Transmission Main-West Chestnut Avenue to Glenn Drive Reservoir
Client: City of Yakima
City Contract Number: 2022-
Date: August 23, 2022 ENGINEER'S HOURLY ESTIMATE
Senior Licensed ' Project CAD Administrative/
Task Principal Principal Engineer Technician Clerical Total Task Direct
Project Task
No. Engineer Engineer II Hours Costs
$235 $210 $173 $136 $91
1.0 DESIGN ENGINEERING
1 Project Management 1 6 3 0 0 10 $2,014
2 Project Meetings 1 1 1 0 0 3 $618
3 Field investigations 0 0 2 1 0 3 $482
4 Pipeline evaluation,review video inspection 0 2 4 0 0 6 $1,112
5 Preliminary design 1 6 8 8 2 25 $4,149
6 In-house project review,qualitycontrol 1 2 2 1 1 7 $1,228
7 Incorporate Agency review comments 0 2 2 1 1 6 $993
8 Final design,plans,and specifications 1 3 3 2 2 11 $1,838
9 Prepare estimate of construction cost 0 1 2 1 0 4 $692
10 Copies of plans and specifications 0 0 1 0 1 2 $264
11 Answer bidder questions 0 1 2 0 0 3 $556
12 Prepare and issue addenda 0 1 0 1 1 3 $437
13 Attend bid opening 0 1 1 0 0 2 $383
14 Prepare tabulation of bids 0 1 0 0 1 2 $301
15 Make recommendation of contract award 0 1 0 0 1 2 $301
Labor Subtotal 5 28 31 15 10 89 $15,368
EXPENSES:
Travel: Cost/Unit_ Ground _ Days Miles
Mileage $0.63 80 $50.00
Meals/Lodging $0.00
Misc. Expenses:
Advertisement
Telephone
Postage
Printing 6 copies plans/specs $112.00
Sub-Consultants:
None Anticipated $0.00 Multiplier 1.1 $0.00
Subtotal-Labor $15,368.00
Subtotal-Expenses $162.00
Total-DESIGN ENGINEERING $15,530.00
Page 20 of 23
EXHIBIT B
FEE BREAKDOWN
The following spreadsheet shows the estimated time and expenses to perform said services. The maximum
amount of compensation to the ENGINEER shall not exceed that amount in Section 5, but the ENGINEER
reserves the right to move fee and hours between tasks as necessary to complete the PROJECT.
Project Title: Irrigation Transmission Main-West Chestnut Avenue to Glenn Drive Reservoir
Client: City of Yakima
City Contract Number: 2022-
Date: August 23,2022 ENGINEER'S HOURLY ESTIMATE
Licensed Project Resident Contract Engineering
Task Principal Engineer Engineer/ Administrator Technician Total Task Direct
No. Project Task Engineer II Inspector _ III I Hours Costs
$218 $180 $133 $147 $95
2.0 CONSTRUCTION ENGINEERING
1 Assist City with Review/Contract Prep. 0 1 0 1 0 2 $327
2 Conduct Pre-Construction Meeting 1 1 1 1 0 4 $678
3 Construction Observation 0 1 45 0 1 47 $6,260
4 Field Inspection Reports 0 2 5 1 0 8 $1,172
5 Construction Administration 1 1 1 6 2 11 $1,603
6 Construction Meetings 1 1 1 1 0 4 $678
7 Submittal Review 1 1 0 2 1 5 $787
8 State Labor Standards Compliance 0 0 0 2 2 4 $484
9 Progress Payments 1 1 1 1 1 5 $773
10 Change Orders 0 1 0 1 0 2 $327
11 Final Walk-Through/Punchlist 1 1 1 1 0 4 $678
12 Project Closeout 1 1 1 2 1 6 $920
13 Record Drawings 0 1 1 1 0 3 $460
Labor Subtotal 7 13 57 20 8 105 $15,147
EXPENSES:
Travel: Cost/Unit Ground Days Miles
Mileage $0.63 94 $58.75
Meals/Lodging $0.00
Misc. Expenses:
Advertisement
Telephone
Postage
Misc. $325.00
Sub-Consultants:
None Anticipated $0.00 (Multiplier 1.1 $0.00
Subtotal-Labor $15,147.00
Subtotal-Expenses $383.75
Total-CONSTRUCTION ENGINEERING $15,530.75
End of Exhibit B
Page 21 of 23
EXHIBIT C
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
Page 22 of 23
EXHIBIT C
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
End of Exhibit C
Page 23 of 23