HomeMy WebLinkAbout06/06/2017 06E Yakima Wastewater Collections System Engineering Services Agreement with HLA Engineering and Land Surveying, Inc.BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 6.E.
For Meeting of: June 6, 2017
ITEM TITLE: Resolution authorizing a three year agreement with HLA
Engineering and Land Surveying, Inc., in an amount not to exceed
$250,000 per calendar year, for engineering services for the
Yakima Wastewater Collections System
SUBMITTED BY: Mike Price, Wastewater/StormwaterManager -249-6815
Scott Schafer, Director of Public Works
SUMMARY EXPLANATION:
The Wastewater Division requires professional engineering services to engineer, design, and
assist in multiple projects as identified in the attached Professional Services Agreement. Work
on identified projects include cured in place pipe, manhole additions, and reconstruction of
deficient existing lines.
The City reviewed Statements of Qualifications and held interviews with firms from the Municipal
Research and Services Center (MRSC) of Washington roster, a statewide small works and
consultant roster system. The City selected HLA Engineering and Land Surveying, Inc. based
upon the firm's experience, technical knowledge, and expertise in providing the required services.
The terms of the Agreement would be in an amount not to exceed two -hundred and fifty -thousand
dollars ($250,000) per calendar year (2017, 2018, and 2019) for tasks requested by the City
Wastewater Manager for the Yakima Wastewater Collections System (See attached Agreement
with Exhibit "A" and "B"). Funds are budgeted from Sewer Construction Fund 476. Exhibit "A" of
the Agreement describes the Project Scope of Services in more detail. Exhibit "B" of the
Agreement describes the Schedule of Rates in more detail.
ITEM BUDGETED:
STRATEGIC PRIORITY:
Yes
Public Safety
APPROVED FORcl*�
SUBMITTAL: `City Manager
STAFF RECOMMENDATION:
Adopt Resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
Resolution HLA Collection System Eng S 5/22/2017 Resolution
HLA Contract 5/22/2017 Contract
RESOLUTION NO. R -2017-
A RESOLUTION authorizing the City Manager to execute a three (3) year Professional
Services Agreement with HLA Engineering and Land Surveying, Inc. in an
amount not to exceed $250,000 per calendar year to provide engineering
services for the Yakima Wastewater Collections System.
WHEREAS, the City of Yakima maintains the Wastewater Collections System in
accordance with applicable Federal, State and Local regulations; and
WHEREAS, the City of Yakima Wastewater Division requires engineering services for
improvements on multiple deficient collections system pipes and manholes; and
WHEREAS, the City of Yakima Wastewater Division representatives have complied with
the provisions of RCW 39.80 which concerns the procurement of engineering and architectural
services by a city; and
WHEREAS, on March 15, 2017, the City held interviews with three Engineering firms
listed on the Municipal Research and Services Center (MRSC) of Washington roster as having
the experience and expertise necessary to perform these services; 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 a professional services agreement with HLA Engineering and Land
Surveying, Inc., to perform the required engineering services; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute a Professional Services
Agreement between the City of Yakima and HLA Engineering and Land Surveying, Inc., in an
amount not to exceed $250,000.00 per calendar year, to provide engineering services for the
Yakima Wastewater Collections System; a copy of the Agreement with Exhibit A and B are
attached hereto and by this reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 6th day of June, 2017.
ATTEST:
Sonya Claar Tee, City Clerk
Kathy Coffey, Mayor
4
"111111111100 *1W 41W A A N = 1%
or Im L TRANSMITTAL iA
y
Phone:509-966-7000 / FAX: 509-965-3800
2803 River • • Yakima, WA 98902
Date:ProjectIs17083
To: of -Division
Viola2220 East Avenue
Yakima, WA
_-
c •8•0
Attention:I� . •:
Utility Project Manager
Xe: Wastewater Collection System Improvements
Agreement for• •
We are sending f _. if following items:
Dana,;
Attached for your review and consideration are three (3) signed original Agreements for
Professional Services for the Wastewater Collection System Improvements project.
Please execute the Agreements, and return one signed original to our office.
We very much appreciate the opportunity to work with you and serve the City of Yakima. If you
have any questions or need additional information, please contact me.
Copy to: File Signed: . *,
G:\Contracts & Task Orders\Yakima\2017\Yakima Wastewater Collection System\Wastewater Collection System lmprovemn contract-Trans.docx
For City of Yakima Use Only:
AGREEMENT
Contract No
Project No. BETWEEN
Resolution No. CITY OF YAKIMA, WASHINGTON
SOO No,
AND
,64_!EVRft*2;���Q SUIRVEYING. INC.
INS,
• collectively as the "PROJECT."
N*91"Ulllm
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for the desi
of numerous revisions, additions and updates to the City wastewater collection system infrastructu
located outside •r the wastewater treatment plant facility, hereinafter "the PROJECTas described in t
AGREEMENT, together with subsequent Amendments thereto; and I
1.1 The above recitals are incorporated into these operative provisions of the AGREEMENT. The ter
of this AGREEMENT shall be for the calendar years 2017, 2018 and 2019, unle
otherwise terminated as provided herein. I
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 Basid Servid6t: ENGINEER agrees to perform those tasks described in EXHIBIT A — PROJECT
SCOPE OF SERVICES -TASK LIST (PROJECT) which is _• hereto and _•- a •. of this
AGREEMENT as if fully set forth herein. EXHIBIT A •- • -•E tasks that may
be completed during the course of the term of this multi-year AGREEMENT. ENGINEER shall be
expected to perform the work required • each task •: group of tasks that shall • specifically
assigned by the City for completion during each year of this contract term. Tasks shall be
specifically assigned by individual "Task Orders" at such time as the City requires them to •-
accomplished, said Task Orders to include, but not be limited to, the specific task description, the
GAContracts & Task Orders\Yakima\2017\Yakima Wastewater Collection System\Wastewater Collection System Improvements Contract.docx
• 1 of 18
not to exceed cost and the time for completion thereuf, together with any special instructions
associated with a particular task.
2.2 CITY and ENGINEER agree that not all WORK to be performed by
GINEER 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 timne, by written onder, direct the ENGINEER to revise
portions ofthe PROJECT WORK previously completed in asatisfactory 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 bereferred toao"Additional Sen/ioeo."
2.2.1 |fsuch Additional Gen/|oes cause an increase ordecrease in the ENG|NEER'ocost 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 accordingly.
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the ENGINEER according to the provisions set forth in EXHIBIT A — PROJECT
SCOPE OF SERVICES — TASK L|ST, attached hereto and incorporated herein by this
rafenanue, and if so authohzed, ahoU be considered part ofthe PROJECT WORK. The
ENGINEER ahmU not pedbnn any Additional Services until so authorized by CITY and
agreed to by the ENGINEER in writing (on email will be considered as written
authorization).
2.3 The ENGINEER must assert any claim for adjustment inwriting within thirty (3O)days from the date
ofthe EM{S|NEER'oreceipt ofthe written notification ofchange.
SECTION 3 CITY'S RESPONSIBILITIES
31 CITY -FURNISHED DATA: The CITY will provide tothe ENGINEER all technical data inthe CITY's
possession relating tothe ENG|NEER'oservices nn the PROJECT including information on any
pne+anioUnQ conditions known to the CITY that constitute hazardous waste contamination on the
PROJECT site as determined by an authorized regulatory agency or qualified professional.
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 ENG|NEER's studiea, reporto, mhetohem, drawingn,
specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor,
aocounbant, auditor, bond and financial adviooro, and other consultants as CITY deems
appropriate; and render in vvhUn0 decisions required of CITY in a timely manner. Such
examinations and decioiuno, hovvovar, shall not relieve the ENGINEER of any contractual
obligations nor ofits dub/ to render professional services meeting the standards of care for its
profession.
3.4 CITY shall appoint CITY's Representative with respect hoWORK to be performed under this
AGREEMENT. C|TY'n Representative shall have complete authority totransmit instructions and
receive information. ENGINEER shall bmentitled toreasonably rely onsuch instructions made by
the C|TY'o Representative unless otherwise directed in writing by the CITY, but ENGINEER ohoU
be responsible for bringing to the attention of the CITY's Representative any instructions which the
ENGINEER believes are inodoquabe, inconnp|ete, or inaccurate based upon the ENG|NEER'a
knowledge.
3.5 Any documents, oen/ioeo, and reports provided by the CITY bothe ENGINEER are available solely
as additional information to the ENGINEER and will not relieve the ENGINEER ofits duties and
obligations under this AGREEMENT orbylaw. The ENGINEER shall beentitled toreasonably rely
upon the accuracy and the completeness of such documanto, services and reports, but shall be
oAoontramu&Task omom\Yammauu1rnammaWastewater Collection Collection System Improvements ovnmmtuoo
responsible for exercising customary professional care in using and reviewing such documents,
services, and reports and drawing conclusions therefrom.
11101,111
1 In signing this AGREEMENT, CITY and ENGINEER agree that at such time as the CITY provides
ENGINEER specific written authorization to proceed with one or more of the tasks described in
EXHIBIT A by Task Order ENGINEER shall begin work on said Task Order. The time for
completion of each task shall be stated in the Task Order.
f. 1 The CITY intends to budget $750,000 annually toward Wastewater Collection System capit
improvements. The budget specifying funding for 2017 capital improvements has been approve
The total capital improvement budget for this work in years 2018 and 2019 is contingent up
annual budget approval by the CITY. Unless specifically authorized in writing by the CITY, the tot
budgetary amount for all the tasks assigned to ENGINEER from the PROJECT task list (EXHIB
A) under this AGREEMENT shall not exceed Two Hundred Fifty Thousand Dollars ($250,00
ti
during any calendar year for the term of the Agreement.
COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the servic
described in EXHIBIT A, compensation shall be according to EXHIBIT B — SCHEDULE OF RATE
attached hereto and incorporated herein by this reference, on a time spent basis for ea
specifically described task, plus reimbursement for direct non -salary expenses.
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 timc
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
maximum of forty dollars ($40) per day per person. This rate may b(! -
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 wher,
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 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
GAContracts & Task Orders\Yakima\2017\Yakima Wastewater Collection System\Wastewater Collection System Improvements Contract.docx
Page 3 of 18
approved by the CITY. Reimbursement for Professional Subcmnou|hantmviU 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 will make best efforts tocomplete each Task Order within the budget established
for that task in the Order, and will keep CITY informed of progress toward that end so that the
budget orTask Order can beadjusted iffound necessary. The ENGINEER isnot obligated hoincur
000bu beyond the indicated budget, as may be od]uoted, nor is the CITY obligated to pay the
ENGINEER beyond these limits. When any budget has been increased, the ENG|NEER'sexcess
costs expended prior to such increase will be allowable to the same extent as if such costo had
been incurred after the approved increoee, and provided that the CITY was informed in writing at
the time such costs were incurred.
5.3 The ENGINEER shall submit to C|TY'o 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
ofthe invoice and not covered bypreviously submitted invoices. The ENGINEER shall submit with
each invoice identification of the work performed by Task Order, a summary of time expended on
the bask, the specific work performed and the cost for that work that is subject to the Task Order
during the currant billing period, copies of oubconou|tant invoicem, and any other supporting
materials determined by CITY necessary to substantiate the costs incurred. CITY will use its best
efforts to pay such invoices within thirty (30) days of receipt and upon approval of the WORK done
and amount billed. CITY will notify the ENGINEER promptly if any problems are noted with the
invoice. CITY may question any item in on invoice, noting to ENGINEER the questionable item(s)
and withholding payment for such item(s). The ENGINEER may resubmit such ibano(n) in a
subsequent invoice together with additional supporting information required.
5.4 |fpayment ionot made within sixty (GO)days following receipt ofapproved invoices, interest onthe
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; proxidmd, however, that no interest
shall accrue pursuant to Chapter 39.78 RCVVwhen bmfuno the date of timely payment o notice of
dispute is issued in good faith by the CITY to the ENGINEER pursuant to the terms of RCW
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 individual Task Order services required by this
AGREEMENT as evidenced by written acceptance by CITY and after such audit or verification as
CITY may deem necessary and execution and delivery by the ENGINEER of a release ofall known
payment claims against CITY arising under or by virtue of this AGREE&1ENT, other than such
payment claims, if any, as may be specifically exempted by the ENGINEER from the operation of
the release in obabad amounts to be set forth therein.
5.6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY
ofany claims, right,orremedy itmay have against the ENGINEER under this AGREEMENT mrbv
|aw, nor shall such payment constitute ovvaiver. remiooion, or discharge by CITY ofany failure or
fault mfthe ENGINEER to satisfactorily perform the PROJECT WORK as required under this
AGREEMENT.
81 The ENGINEER shall be responsiblefortho professionalquality, technical adequacy and accuracy,
timely completion, and the coordination of all p|ano, dmsiQn, drmwings, opeuU§caUone, repuda, and
other services furnished by the ENGINEER under this AGREEMENT. The ENGINEER oho|[
without additional compenaodion, correct or review any omona, omissions` orother deficiencies in
its p|ono, deeiQnm, drawin0o, speoifiomdiona, neporta, and other services. The ENGINEER shall
perform its WORK according to generally accepted nk/i| engineering standards of care and
consistent with achieving the PROJECT WORK within budget. on time, and in compliance with
applicable |awa, nmgu|atione, and permits.
oAnontrumouTask omem\Yammu\2n1rnammoWastewater Collection Collection System Improvements comracumcx
6.2 C|TY'mreview orapproval of, orpayment for, any plans, drawings, designs, specifications,reporta.
and incidental WORK or services furnished hereunder shall not in any way relieve the ENGINEER
ofresponsibility for the technical adequocy, oonnp|eteneoa, or accuracy of its WORK and the
PROJECT WORK. C|TY's nsvimw, appnove|, 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 ofthe performance ofthis AGREEMENT.
6.3 In performing WORK and services hereunder, the ENGINEER and its aubcontnaobors,
auboonsultmnte, employeen, agmnts, 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 o|aim, demand, or application to or for any right or
privilege applicable toanofficer oremployee ofCITY. The ENGINEER shall besolely responsible
for any claims for wages or compensation by ENGINEER employees, agents, and representatives,
including subconsultants and subcontractors, and shall save and hold CITY harmless therefrom.
6.41 ENGINEER agrees todefend, indemnify, and hold harmless the CITY, its elected
officials, agents, officers, employees, agents, andvo|untoorm(hemainafter^partien
protected") from (1) claims, demands. liens, |avvsuito, administrative and other
proceedings (including reasonable costs and attorney's fees), and (2) judgments,
awards, |oamea. |iabi|itiee, damaAeo, penm|ties, fineo, costs, and expenses of any
kind claimed bythird parties arising out of, orrelated toany death, injury, damaQa
ordestruction hoany person orany property tothe extent caused byany negligent
aot, oction, default, error or omission or willful misconduct arising out of the
ENG|NEER'eperformance under this AGREEMENT. |nthe event that any lien is
placed upon the C|TY'sproperty orany ofthe C|TY'aofficers, employees oragents
as e result of the negligence or willful misconduct of the ENGINEER, the
ENGINEER shall at once cause the same to be dissolved and discharged by giving
bond orotherwise.
6.4.2 C[TYagrees,to indemnify, defend, and hold the ENGINEER harmless from loss
cost, or expense of any kind claimed by third parties, including without limitation
such |oaa, uoat, or expense resulting from injuries to persons or damages to
pnoperty, caused solely by the negligence or willful misconduct of the C|TY, its
employees, oragents inconnection with the PROJECT.
0.4.3 Kthe negligence orvi|lfu|mnisconduotofbothUleENG|NEERandthoCDY¢vo
person identified above for whom each is liable) is a cause of such third party
claim, the loss, cost, orexpense shall beshared between the ENGINEER and the
CITY in proportion to their relative degrees of negligence or willful misconduct and
the right ofindemnity will apply for such proportion.
8.4.4 Nothing contained in this Section or this AGREEMENT shall be construed to create
mliability oraright ofindemnification inany third party.
6.5 In any and all claims by an employee of the ENG|NEER, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be |iabhm, the
indemnification obligations under this AGREEMENT shall not be limited in any way by any limitation
on the amount or types of damages, nompenoaUon, or benefits payable by orfor the ENGINEER
or a subcontractor under workers'or workmens' compensation acts, disability benefit acts, or other
employee benefit acts.
6.6 It is understood that any resident engineering or inspection provided by ENGINEER is for the
purpose of determining compliance with the technical provisions of PROJECT specifications and
does not constitute any form of guarantee or insurance with respect to the performance of a
oAoontrauts & Task urdem\Yomma\2u1rnummaWastewater Collection Collection System Improvements oommo uocx
HE
contractor. ENGINEER does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for compliance by contractors with
laws and regulations. CITY shall use its best efforts to ensure that the construction contract
requires that the contractor(s) indemnify and name CITY, the CITY's and the ENGINEER's officers,
principals, employees, agents, representatives, and engineers as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability.
6.7 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observation, exploration, and investigations
have been made. Because of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect total PROJECT cost and/or
execution. These conditions and cost/execution effects are not the responsibility of the
ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate standard
of professional care and judgment in such investigations.
7.1 The general PROJECT task schedules and the budgets for each task identified in subsequent Task
Orders shall be as set forth in this AGREEMENT, the attachments hereto and the individual Task
Orders. The PROJECT schedule and performance dates for the individual tasks shall be mutually
agreed to by the CITY and the ENGINEER. The performance dates and budgets for tasks may be
modified only upon written agreement of the parties hereto. The performance date for tasks shall
not be extended, nor the budget increased because of any unwarranted delays attributable to the
ENGINEER, but may be extended or increased by the CITY in the event of a delay caused by
special services requested by the CITY or because of unavoidable delay caused by any
governmental action or other conditions beyond the control of the ENGINEER which could not be
reasonably anticipated.
7.2 Not later than the tenth (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.
8.1 All internal WORK products of the ENGINEER are instruments or service of this PROJECT. There
shall be no reuse, change, or alteration by the CITY or others acting through or on behalf of the
CITY without written permission of the ENGINEER, which shall not be unreasonably withheld and
will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its officers,
employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs
including, but not limited to, litigation expenses and attorney's fees arising out of or related to such
unauthorized reuse, change, or alteration; provided, however, that the ENGINEER will not be
indemnified for such claims, damages, losses, and costs including, without limitation, litigation
expenses and attorney fees caused by the ENGINEER's own negligent acts or omissions.
8.2 The ENGINEER agrees that ownership of any plans, drawings, designs, specifications, computer
programs, technical reports, operating manuals, calculations, notes, and other WORK submitted
or which are specified to be delivered under this AGREEMENT or which are developed or produced
and paid for under this AGREEMENT, whether or not complete, shall be vested in the CITY.
8.3 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter
"Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual
Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER
does not grant CITY any right or license to such Intellectual Property.
GAContracts & Task Orders\Yakima\2017\Yakima Wastewater Collection System\Wastewater Collection System Improvements Contract.docx
Page 6 of 18
lim
91 The ENGINEER, including its ouboonmuKant .ahoUmainbainbooks.reoordo.douumentomndoUher
evidence directly pertinent to performance of the WORK under this AGREEMENT in accordance
with generally accepted accounting principles and practices consistently applied. The CITY, orthe
C|TY'oduly authorized representative shall have access tosuch bomka, nenonds, dooumente, and
other evidence for inspection, audit, and copying for a period of three years after completion of the
PROJECT. The CITY shall also have access tosuch boohw, reoonds, 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 tothis section provided that the ENGINEER is afforded the opportunity for on
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 written
comments, ifany, ofthe ENGINEER.
9.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK onthe PROJECT.
9.5 Any charges of the ENGINEER paid bythe CITY which are found bysmaudit to be inadequately
substantiated shall boreimbursed tothe CITY.
101 The records relating tothe WORK shall, at all timea, 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
Aomamnnent notwithstanding the C|TY'o knowledge of defective or non -complying performance, its
substantiality orthe ease ofits discovery. ENGINEER shall provide the CITY sufficient, safe, and
proper facilities and equipment for such inspection and free access to such facilities. EN(S|NEER'a
records relating to the WORK will be provided to the CITY upon the CITY's request.
10.2 ENGINEER shall promptly furnish the CITY with such information and records which are related to
the WORK of this Agreement osmay berequested by the CITY. Until the expiration ofsix KByears
after final payment of the compensation payable under this Agreement, orfor m longer period if
required by law or by the Washington State Secretary of State's record retention oohedu|e.
ENGINEER shall retain and provide the CITY access to (and the CITY shall have the right to
exarnino, audit, and copy) all ofENG|NEER'a booka, dooumenta, papers and records which are
related tothe WORK performed byENGINEER under this Agreement.
10.3 All records relating toENG|NEER'eWORK under this Agreement must ie made available to the
C|TY, and also produced to third porUma, if required pursuant tnthe Washington Public Records
Aot, Chapter 42.58 F(CVV or by law. All records na|mtin0 to ENG|NEER'm WORK under this
Agreement must be retained by ENGINEER for the minimum period of time required pursuant to
the Washington State Secretary ofState's record retention schedule.
11.1 Adall times during performanceofthe services, ENGINEER shall secure and maintain in effect
insurance to protect the CITY and the ENGINEER from and against all claims, damages. |oaaee.
and expenses arising out of or resulting from the performance of this AGREEMENT. ENGINEER
shall provide and maintain in force insurance in limits no |eoe than that stated be|ow, as
applicable. The CITY reserves the rights to require higher limits should it deem it necessary in the
oAContfacmuTask urdemnakima\2o1roakimWastewater Collection Collection System Improvement000ntracmocx
12
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.
11.1.1 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 officials,
officers, agents, employees, and volunteers as additional insureds. The insured shall
not cancel or change the insurance without first giving the CITY thirty (30) calendar days
prior written notice. The insurance shall be with an insurance company or companies
rated A -VII or higher in Best's Guide and admitted in the State of Washington.
Subcontractors: If subcontractors will be used, the same terms and limits of
coverage will apply and a certificate will be required per the instructions above. In
lieu of a certificate, contractor may provide confirmation in writing from their
insurance broker that their insurance policy does not contain a subcontract
exclusion or one relating to the work of others.
11.1.2 Commercial Automobile Liability Insurance.
11.1.2.1 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.
11.1.2.2 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 11.1.1 entitled "Commercial General Liability Insurance."
11.1.2.3 Under either situation described above in Section 11.1.2.1. and Section 11.1.2.2.,
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 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.
11.1.3 Statutory workers' compensation and employer's liability insurance as required by state
law.
11.1.4 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
GAContracts & Task Orders\Yakima\2017\Yakima Wastewater Collection System\Wastewater Collection System Improvements Contract.docx
Page 8 of 18
13
provider is, the coverage amount, the policy number, and when the policy and provisions
provided are in effect. Said policy shall be in effect for the duration of this
AGREEMENT. The insured shall not cancel orchange the insurance without first giving
the CITY thirty (30) calendar days prior written notice. The insurance shall be with on
insurance company or companies rated A-V|| or higher in Beat's Guido. If the policy is
written on a claims made basis the coverage will continue in force for an additional two
years after the completion Vfthis AGREEMENT.
Failure ofeither orall mfthe additional insureds toreport a claim under such insurance
ahoU not prejudice the rights of the C|TY, its mfficens, mnnployeem, agents, and
representatives there under. The CITY and the C|TY'o elected oMioia|s, offiners,
principals, employees, representatives, and agents shall have no obligation for payment
of premiums because ofbeing named as additional insureds under such insurance.
Mone 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 orchange.
SECTION 12 SUBCONTRACTS
121 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract
any portion of the WORK to be performed under this AGREEMENT.
12.2 Any oubconoultantn or subcontractors to the ENGINEER utilized on this PROJECT, including any
substitutions thereof, will be subject to prior approval by C|TY, which approval shall not be
unreasonably withheld. Each subcontract shall besubject toreview bythe C|TY'aRepresentative,
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. TheENG|NEER
shall be responsible for the architectural and engineering performanoe, aota, and omissions of all
persons and firms performing subcontract WORK.
12.3 CITY hereby authorizes the ENGINEER to subcontract with the following persons or firms for the
purpose of completing this AGREEMENT:
* None anticipated
12.4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK completed
by mubcmnaultanto and subcontractors during the preceding month and copies of all invoices
thereto.
SECTION 13 ASSIGNMENT
13.1 This AGREEMENT is binding on the heino, successors and eoniQno of the parties hereto. This
AGREEMENT may not be assigned by CITY �r ENGINEER without prior written consent of the
othe�which consent vviUnot beunreasonably vvithhe|d. |tioexpressly intended and agreed that no
third party beneficiaries are created by this AGREEMENT, and that the rights and remedies provided
herein shall inure only tothe benefit ofthe parties hmthis AGREEMENT.
SECTION 14 INTEGRATION ^
14.1 This AGREEMENT represents the entire understanding of CITY and ENGINEER as to those
matters contained herein. Noprior oral orwritten understanding shall beofany force oreffect with
respect tothose matters covered herein. This AGREEMENT may not bemodified uraltered except
inwriting signed byboth parties.
o,Controcta&Task nmesnammauo1rwammuWastewater Collection Collection System Improvements ovntractuncx
14
151 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 |owo, such part mho|| be
inopeuative, nu||, and void insofar as it conflicts with said |awa, but the remainder of this
AGREEMENT shall be in full force and effect. Venue of all disputes arising under this
AGREEMENT shall be in a court of competent jurisdiction in Yakima County, Washington.
181 During the performance of this AGFlEEN1ENT. ENGINEER and EN<3|WEER'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, eex, namm, creed, ne|igion, color, national ohgin, mahbs| otatuo,
diaobi|ity, honorably discharged veteran ormilitary status, pnegnanoy, sexual ohentadion, and any
other classification protected under federal, state, or |oom| law. This provision shall include but not
be limited to the following: emp|oyment, upgnading, demotion, tranmhar, recruitment, advertising,
layoff ortermination, 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.
171 CITY may ouepand, in writing by certified nnaU, all or m portion of the VVOF{K under this
AGREEMENT if unforeseen circumstances beyond C|TY'o control one interfering with nnnna|
progress ofthe WORK. ENGINEER may suspend, inwriting bycertified mail, all oraportion ofthe
WORK under this AGREEMENT if unforeseen circumstances beyond ENG|NEER's control are
interfering with normal progress ofthe WORK. ENGINEER may suspend WORK onPROJECT in
the event CITY does not pay invoices when due, except vvhena otherwise provided by this
AGREEMENT. The time for completion ofthe WORK performed on any particular task eho|| be
extended bythe number ofdays WORK iasuspended. |fthe period ofsuspension exceeds ninety
(90) days, the terms of this AGREEMENT are subject to renegotiation, and both parties are granted
the option toterminate WORK onthe suspended portion mfthe PROJECT task inaccordance with
SECTION 18.
181 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 isgiven:
(i) not |oos than fifteen (15) calendar days written notice delivered by certified mai|, return receipt
requesbad, ofintent 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.
18.2 In addition to termination under subsection 18.1 of this 8eotion. CITY may terminate this
AGREEMENT for its convenience, in whole orin part, provided the ENGINEER is given: (1) not
less than fifteen (15) calendar days written notice delivered by certified mai|, return receipt
nequesbad, of intent to terminate; and (2) an opportunity for consultation with CITY before
termination.
18.3 |fCITY terminates for default on the pad of the EWG|NEEFl, on 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
incurned, or is likely to inour, because of the EWG|NEER'o breach. In such event. CITY shall
oxContramouTask omersnamma\2o1r\YommuWastewater Collection Collection System Improvements oonuact.uocx
15
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.
18.4 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.
18.5 Upon receipt of a termination notice under subsections 18.1 or 18.2 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.
18.6 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.
18.7 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 18.4 of this Section.
18.8 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 18.3 of this Section.
SECTION 19 DISPUTE RESOLUTION
19.1 In the event that any dispute shall arise as to the interpretation of this AGREEMENT, or in the event
of a notice of default as to whether such default does constitute a breach of the AGREEMENT, and
if the parties hereto cannot mutually settle such differences, then the parties shall first pursue
mediation as a means to resolve the dispute. If either of the afore mentioned methods are not
successful then any dispute relating to this AGREEMENT shall be decided in the courts of Yakima
County, in accordance with the laws of Washington. If both parties consent in writing, other
available means of dispute resolution may be implemented.
20.1 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.
GAContracts & Task Orders\Yakima\2017\Yakima Wastewater Collection System\Wastewater Collection System Improvements Contract.docx
Page 11 of 18
M
CITY: City of Yakima Wastewater Division
Attn: Dana Kallevig, Utility Project Manager
2220 East Viola Avenue
Yakima, WA 98901
ENGINEER: HLA Engineering and Land Surveying, Inc. (HLA)
Attn: Michael T. Battle, PE, President
2803 River Road
Yakima, WA 98902
21.1 The foregoing sections of this AGREEMENT shall survive the expiration or termination of th
AGREEMENT in accordance with their terms. i
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: Cliff Moore
Title-, City Manager
Date:
Attest
City Clerk
Title: President
9, - 0 PFA I MENININ"
GAContracts & Task Orders\Yakima\2017kYakima Wastewater Collection System\Wastewater Collection System Improvements Contract,doex
Page 12 of 18
17
STATE OF WASHINGTON }
) SS.
COUNTY OF YAKIMA )
I certify that I know or have satisfactory evidence that Cliff Moore is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath stated
OF YAKIMA, to be the free and voluntary act of such party for the uses and purposes mentioned in the
Dated:
{Signature}
Title
Printed Name
MV commission expires,
GAContracts & Task Orders\Yakima\2017\Yakima Wastewater Collection System\Wastewater Collection System Improvements Contract.docx
Page 13 of 18
18
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 tho
Pregj4qgt of HLA Engineering and Land Surveying, Im to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
a
(Signature)
'In
V/ 1
Title
t-4—am5—k"-e—
Printed Name
My commission expirm jaww"
2-8, 2. t) Z
GAContracts & Task Orders\Yakima\2017\Yakima Wastewater Collection System\Wastewater Collection System Improvements Contract.docx
Page 14 of 18
ID
EXHIBIT A — PROJECT SCOPE OF SERVICES -TASK LIST
CITY OF
• •V SYSTE1,T 111P90VEMENTS
Perform Engineering services as requested by the CITY for the Wastewater Collection System
Improvements. CITY shall create Task Order(s) for each specific task assigned from the Task List provided
below. All Task Orders will be mutually agreed upon for specific scope of work, time of performance and
fee for service, prior to any work commencing. Each invoice prepared by ENGINEER shall specify the
TASK for which payment is requested, the work performed thereon during the invoice period and any
specific information related to the particular Task.
The contract term for this AGREEMENT shall be for calendar years 2017, 2018, and 2019. Task Orders in
progress and budgeted during this term shall be completed in accordance with the approved schedule for
each Task Order.
The Task List of Wastewater Collection System Improvements are as follows:
Collection System Pipeline Replacements:
N 32nd Ave and Folsom Ave vicinity
• Vicinity north of 811 Mead Avenue
• Gateway Shopping Center north sewer
• Alley sewer line, north of E °D" Street and east of N 2nd Street
• Alley sewer line, south of E Race Street between S 1St and S 2nd Street
• W Pierce Street from Rock Ave to Voelker Ave
In addition to the Collection System Pipeline Replacements, City of Yakima Wastewater Division
identified the following necessary improvements:
36 new manholes within the existing collection system to improve service access needs.
Cured In Place Pipe (CIPP) rehabilitation of approximately 3,500 linear feet of existing
sewer main to repair root intrusion, extensive cracking, deteriorating pipe, and various
All Task Orders will be based on the improvements identified on these lists. These lists are subject to
change by written Amendment to this AGREEMENT as individual projects are completed and/or new areas
of concern are identified. Improvements will be prioritized by the CITY and Task Orders developed
accordingly.
GAContracts & Task Orders\Yakima\2l l Yakima Wastewater Collection System\Wastewater Collection System Improvements Contract.docx
Page 15 of 18
NN
EXHIBIT "B"
SCHEDULE OF RATES
FOR
HLA Engineering and Land Surv2ying, Inc.
Effective January 1, 2017, through December 31, 2017
Senior Principal Engineer
$196.00 per hour
Licensed Principal Land Surveyor
$191.00 per hour
Licensed Principal Engineer
$175.00 per hour
Licensed Professional Engineer
$160.00 per hour
Other Licensed Professional
$160.00 per hour
Licensed Professional Land Surveyor
$146.00 per hour
Project Engineer
$131.00 per hour
Senior Planner
$120.00 per hour
Contract Administrator
$120.00 per hour
CAD Technician
$115.00 per hour
Resident Engineer/[ Inspector
$109.00 per hour
Surveyor
$109.00 per hour
Senior Engineering Technician
$109.00 per hour
Engineering Technician
$77.00 per hour
Word Processing Technician
$77.00 per hour
Surveyor on Two Man Crew
$104.00 per hour
Surveyor on Three Man Crew
$92.00 per hour
Vehicle Mileage
Federal Rate
GAContracts & Task Orders\Yakima\2017\Yakima Wastewater Collection System\Wastewater Collection System Improvements Contract.docx
Page 16 of 18
N
EXHIBIT "B"
SCHEDULE OF RATES
FOR
HLA Eiggineering and Land Surveying,,
Inc .
Effective January 1, 2018, through December 31, 2018
Senior Principal Engineer
$202.00 per hour
Licensed Principal Land Surveyor
$197.00 per hour
Licensed Principal Engineer
$181.00 per hour
Licensed Professional Engineer
$165.00 per hour
Other Licensed Professional
$165.00 per hour
Licensed Professional Land Surveyor
$150.00 per hour
Project Engineer
$136.00 per hour
Senior Planner
$124.00 per hour
Contract Administrator
$124.00 per hour
CAD Technician
$119.00 per hour
Resident Engineer/inspector
$112.00 per hour
Surveyor
$112.00 per hour
Senior Engineering Technician
$112.00 per hour
Engineering Technician
$79.00 per hour
Word Processing Technician
$79.00 per hour
Surveyor on Two Man Crew
$107.00 per hour
Surveyor on Three Man Crew
$95.00 per hour
Vehicle Mileage
Federal Rate
GAContracts & Task Orders\Yakima\2017\Yakima Wastewater Collection System\Wastewater Collection System Improvements Contract.docx
Page 17 of 18
oo
FWANBA �|
FOR
HLA Engineering and Land Surveying, Inc..
Effective January 1, 2019, through December 31, 201t
Senior Principal Engineer
$2O8.00per hour
Licensed Principal Land Surveyor
$2O1.U0per hour
Licensed Principal Engineer
$187.0Oper hour
Licensed Professional Engineer
$17O.00per hour
Other Licensed Professional
$17O.00per hour
Licensed Professional Land Surveyor
$155.00per hour
Project Engineer
$14O.00per hour
Senior Planner
$128.00per hour
Contract Administrator
$128.00 per hour
CAD Technician
$123.ODper hour
RemidentEngineer/|nmpector
$118.UOper hour
Surveyor
$118.U^per hour
Senior Engineering Technician
$116.OUper hour
Engineering Technician
$81.00per hour
Word Processing Technician
$81.00per hour
Surveyor onTwo Man Crew
$118.00per hour
Surveyor onThree Man Crew
$Q8.00per hour
Vehicle Mileage
Federal Rate
aAContrououTask omemWamma\2o1r\YowmnWastewater Collection Collection System Improvements cvntraxu,docx