HomeMy WebLinkAbout02/20/2018 06F Professional Services Agreement with HLA Engineering and Land Surveying, Inc.; Task Order 2018-01 for Water Main ReplaceITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
1
Item No. 6.F.
For Meeting of: February 20, 2018
Resolution authorizing an agreement with HLA Engineering and
Land Surveying, Inc. to provide engineering services together with
Task Order 2018-01 for water main replacement on Hathaway
Street
David Brown, Water/Irrigation Manager, 509-575-6204
Scott Schafer, Director of Public Works
SUMMARY EXPLANATION:
This is a Resolution authorizing a 4 year contract with HLA Engineering and Land Surveying. The
contract contains all the requirements and obligations that must be met for subsequent Task
Orders. The Water/Irrigation Division will submit Task Orders for City Council approval for each
project that requires design and engineering services. The projects are identified by priority
within the 2017 Water System Plan and the 1999 Master Irrigation Plan.
Using the Municipal Research and Services Center (MRSC) of Washington Roster, a statewide
small works and consultants roster system, followed by a competitive selection process, the City
selected HLA Engineering and Land Surveying.
The first Task Order 2018-01 is for engineering, design, plan and bid preparation and services
during construction to replace the water main within Hathaway Street between 6th Ave. and 16th
Ave. The terms of Task Order 2018-01 would be in an amount not to exceed $79,600.
ITEM BUDGETED:
Yes
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR
SUBMITTAL:
STAFF RECOMMENDATION:
Adopt resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description
O Resdution
Upload Date
1/25/2018
O act 1/2512018
O Task Order 1/25/2018
Type
Resolution
act
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A RESOLUTION
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RESOLUTION NO. R -2018 -
authorizing the City Manager to execute a four (4) year Professional
Services Agreement with HLA Engineering and Land Surveying, Inc. to
provide engineering services for the Yakima Water and Irrigation
Distribution Systems together with Task Order 2018-01 for water main
replacement on Hathaway Street.
WHEREAS, the City of Yakima maintains Waste and Irrigation distribution Systems in
accordance with applicable Federal, State and Local regulations; and
WHEREAS, the City of Yakima Water/Irrigation Division requires engineering services for
improvements identified in the adopted 2017 Water System Plan and the 1999 Irrigation Master
Plan; and
WHEREAS, the City of Yakima Water/Irrigation 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, In December 2017 the City evaluated qualification submittals from three
Engineering firms, selected the two most qualified, on December 11 and 12 the City held
interviews with the Engineering firms; and
WHEREAS, as a result of these interviews, the City selected HLA Engineering and Land
Surveying, Inc. as the most qualified Engineering Firm to perform the required work; and
WHEREAS, the Water System Plan as identified a water main replacement project on
Hathaway Street: 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. together
with Task Order 2018-01 to provide engineering services for the Yakima Water and Irrigation
distribution systems; a copy of the Agreement with Exhibit A, B and Task order 2018-01 are
attached hereto and by this reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this day of , 2018.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
For City of Yakima Use Only:
Contract No
Project No.
Resolution No.
SOQ No.
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AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
HLA ENGINEERING AND LAND SURVEYING, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of , 2018, by and
between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North
Second Street, Yakima, WA 98901, hereinafter referred to as "CITY," and HLA Engineering and Land
Surveying, Inc. (HLA), with its principal office at 2803 River Road, Yakima, WA 98902, hereinafter referred
to as "ENGINEER," said corporation and its principal engineers being licensed and registered to do
business in the State of Washington, will provide engineering services under this Agreement for the WATER
AND IRRIGATION SYSTEM CAPITAL MPROVEMENTS on behalf of the City of Yakima, herein referred
to collectively as the "PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering design and construction
services for numerous revisions, additions and updates to the City water and irrigation system
infrastructure, hereinafter "the PROJECT," as described in this AGREEMENT, together with 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 PROJECT 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 AND TERM
1.1
The above recitals are incorporated into these operative provisions of the AGREEMENT. The term
of this AGREEMENT shall be for the calendar years 2018, 2019, 2020, and 2021 unless otherwise
terminated as provided herein.
SECTION 2 SCOPE OF SERVICES
2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in
writing by both parties, duties of ENGINEER shall not be construed to exceed those
services specifically set forth herein.
2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign
Michael T. Battle, PE, as Principal -in -Charge throughout the term of this AGREEMENT
unless other personnel are approved by the CITY.
2.1 Basic Services: ENGINEER agrees to perform those tasks described in EXHIBIT A — PROJECT
SCOPE OF SERVICES (PROJECT) which is attached hereto and made a part of this
AGREEMENT as if fully set forth herein. ENGINEER shall be expected to perform the work
required by each task or group of tasks that shall be specifically assigned by the City for completion
during each year of this contract term. Tasks shall be specifically assigned by individual "Task
Orders," to be approved by the City Council prior to the task order's execution, at such time as the
City requires them to be accomplished. Said Task Orders to include, but not be limited to, the
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specific task description, the not to exceed cost and the time for completion thereof, together with
any special instructions associated with a particular task.
2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by
ENGINEER can be defined in detail at the time this AGREEMENT is executed, and that additional
WORK related to the PROJECT and not covered in EXHIBIT A may be needed during performance
of this AGREEMENT. CITY may, at any time, by written order, direct the ENGINEER to revise
portions of the PROJECT WORK previously completed in a satisfactory manner, delete portions of
the PROJECT, or request that the ENGINEER perform additional WORK beyond the scope of the
PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services."
2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER's cost of, or
time required for, performance of any services under this AGREEMENT, a contract price
and/or completion time adjustment pursuant to this AGREEMENT shall be made and this
AGREEMENT shall be modified in writing 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, 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 (an email will be considered as written authorization).
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 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 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 for its
profession.
3.4 CITY shall appoint a CITY's Representative with respect to WORK to be performed under this
AGREEMENT. CITY's Representative shall have complete authority to transmit instructions and
receive information. ENGINEER shall be entitled to reasonably rely on such instructions made by
the CITY's Representative unless otherwise directed in writing by the CITY, but ENGINEER shall
be responsible for bringing to the attention of the CITY's Representative any instructions which the
ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER's
knowledge.
3.5 Any documents, services, and reports provided by the CITY to the ENGINEER are available solely
as additional information to the ENGINEER and will not relieve the ENGINEER of its duties and
obligations under this AGREEMENT or by law. The ENGINEER shall be entitled to reasonably rely
upon the accuracy and the completeness of such documents, services and reports, but shall be
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responsible for exercising customary professional care in using and reviewing such documents,
services, and reports and drawing conclusions therefrom.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4.1 In signing this AGREEMENT, CITY and ENGINEER agree that at such time as the CITY provides
ENGINEER specific written authorization to proceed with one or more of the tasks described in
EXHIBIT A 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.
SECTION 5 COMPENSATION
5.1 The CITY intends to annually complete Water and Irrigation System capital improvements as
outlined in the Water System Plan and the Irrigation Master Plan. The budget specifying funding
for 2018 capital improvements has been approved. The total capital improvement budget for this
work in years 2019, 2020, and 2021 is contingent upon annual budget approval by the CITY.
COMPENSATION ON A LUMP SUM BASIS: For the services described in EXHIBIT A,
compensation shall be paid per lump sum fee. The maximum amount of compensation to the
ENGINEER shall be specifically identified in each Task Order; or
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 for each
specifically identified Task Order, 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 time
they are used for PROJECT WORK. ENGINEER, whenever possible, will
use the least expensive form of ground transportation.
• That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person. This rate may be
adjusted on a yearly basis.
• That accommodation shall be at a reasonably priced hotel/motel.
• That air travel shall be by coach class, and shall be used only when
absolutely necessary.
5.1.2 Telephone charges, computer charges, in-house reproduction charges, first class postage,
and FAX charges are not included in the direct expense costs, but are considered included
in the Schedule of Specific Hourly Billing Rates.
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5.1.3 Professional Subconsultants. Professional Subconsultants are those costs for
engineering, architecture, geotechnical services and similar professional services
approved by the CITY. Reimbursement for Professional Subconsultants will be on the
basis of actual costs billed plus a reasonable markup, not to exceed ten percent (10%) for
services provided to the CITY through this AGREEMENT.
5.2 The ENGINEER will make best efforts to complete 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 or Task Order can be adjusted if found necessary. The ENGINEER is not obligated to incur
costs beyond the indicated budget, as may be adjusted, nor is the CITY obligated to pay the
ENGINEER beyond these limits. When any budget has been increased, the ENGINEER's excess
costs expended prior to such increase will be allowable to the same extent as if such costs had
been incurred after the approved increase, and provided that the CITY was informed in writing at
the time such costs were incurred.
5.3 The ENGINEER shall submit to 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 by Task Order, a summary of time expended on
the task, the specific work performed and the cost for that work that is subject to the Task Order
during the current billing period, copies of subconsultant invoices, 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 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 required.
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 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 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
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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 employees, agents, and representatives,
including subconsultants and subcontractors, and shall save and hold CITY harmless therefrom.
6.4 INDEMNIFICATION:
6.4.1 ENGINEER agrees to defend, indemnify, and hold harmless the CITY, its elected
officials, agents, officers, employees, agents, and volunteers (hereinafter "parties
protected") from (1) claims, demands, liens, lawsuits, administrative and other
proceedings (including reasonable costs and attorney's fees), and (2) judgments,
awards, losses, liabilities, damages, penalties, fines, costs, and expenses of any
kind claimed by third parties arising out of, or related to any death, injury, damage
or destruction to any person or any property to the extent caused by any negligent
act, action, default, error or omission or willful misconduct arising out of the
ENGINEER's performance under this AGREEMENT. In the event that any lien is
placed upon the CITY's property or any of the CITY's officers, employees or agents
as a result of the negligence or willful misconduct of the ENGINEER, the
ENGINEER shall at once cause the same to be dissolved and discharged by giving
bond or otherwise.
6.4.2 CITY agrees to indemnify, defend, and hold the ENGINEER harmless from loss,
cost, or expense of any kind claimed by third parties, including without limitation
such loss, cost, or expense resulting from injuries to persons or damages to
property, caused solely by the negligence or willful misconduct of the CITY, its
employees, or agents in connection with the PROJECT.
6.4.3 If the negligence or willful misconduct of both the ENGINEER and the CITY (or a
person identified above for whom each is liable) is a cause of such third -party
claim, the loss, cost, or expense shall be shared between the ENGINEER and the
CITY in proportion to their relative degrees of negligence or willful misconduct and
the right of indemnity will apply for such proportion.
6.4.4 Nothing contained in this Section or this AGREEMENT shall be construed to create
a liability or a right of indemnification in any third party.
6.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this AGREEMENT shall not be limited in any way by any limitation
on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER
or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other
employee benefit acts.
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6.6 It is understood that any resident engineering or inspection provided by ENGINEER is for the
purpose of determining compliance with the technical provisions of PROJECT specifications and
does not constitute any form of guarantee or insurance with respect to the performance of a
contractor. ENGINEER does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for compliance by contractors with
laws and regulations. CITY shall use its best efforts to ensure that the construction contract
requires that the contractor(s) indemnify and name CITY, the CITY's and the ENGINEER's officers,
principals, employees, agents, representatives, and engineers as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability.
6.7 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observation, exploration, and investigations
have been made. Because of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect total PROJECT cost and/or
execution. These conditions and cost/execution effects are not the responsibility of the
ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate standard
of professional care and judgment in such investigations.
SECTION 7 PROJECT SCHEDULE AND BUDGET
7.1 The 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.
SECTION 8 REUSE OF DOCUMENTS
8.1 All internal WORK products of the ENGINEER are instruments or service of this PROJECT. There
shall be no reuse, change, or alteration by the CITY or others acting through or on behalf of the
CITY without written permission of the ENGINEER, which shall not be unreasonably withheld and
will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its officers,
employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs
including, but not limited to, litigation expenses and attorney's fees arising out of or related to such
unauthorized reuse, change, or alteration; provided, however, that the ENGINEER will not be
indemnified for such claims, damages, losses, and costs including, without limitation, litigation
expenses and attorney fees 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.
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8.3 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter
"Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual
Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER
does not grant CITY any right or license to such Intellectual Property.
SECTION 9 AUDIT AND ACCESS TO RECORDS
9.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and other
evidence directly pertinent to performance of the WORK under this AGREEMENT in accordance
with generally accepted accounting principles and practices consistently applied. The CITY, or the
CITY's duly authorized representative shall have access to such books, records, documents, and
other evidence for inspection, audit, and copying for a period of three 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 written
comments, if any, of the ENGINEER.
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 INSPECTION AND PRODUCTION OF RECORDS
10.1 The records relating to the WORK shall, at all times, be subject to inspection by and with the
approval of the CITY, but the making of (or failure or delay in making) such inspection or approval
shall not relieve ENGINEER of responsibility for performance of the WORK in accordance with this
Agreement, notwithstanding the CITY's knowledge of defective or non -complying performance, its
substantiality or the ease of its discovery. ENGINEER shall provide the CITY sufficient, safe, and
proper facilities and equipment for such inspection and free access to such facilities. ENGINEER's
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 as may be requested by the CITY. Until the expiration of six (6) years
after final payment of the compensation payable under this Agreement, or for a longer period if
required by law or by the Washington State 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.
10.3 All records relating to ENGINEER's WORK under this Agreement must be made available to the
CITY, and also produced to third parties, if required pursuant to the Washington Public Records
Act, Chapter 42.56 RCW or by law. All records relating to ENGINEER's WORK under this
Agreement must be retained by ENGINEER for the minimum period of time required pursuant to
the Washington State Secretary of State's record retention schedule.
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SECTION 11 INSURANCE
At all times during performance of the services, ENGINEER shall secure and maintain in effect
insurance to protect the CITY and the ENGINEER from and against all claims, damages, losses,
and expenses arising out of or resulting from the performance of this AGREEMENT. ENGINEER
shall provide and maintain in force insurance in limits no less than that stated below, as
applicable. The CITY reserves the rights to require higher limits should it deem it necessary in the
best interest of the public. If ENGINEER carries higher coverage limits than the limits stated below,
such higher limits shall be shown on the Certificate of Insurance and Endorsements and
ENGINEER shall be named as an additional insured for such higher limits.
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.
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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
provider is, the coverage amount, the policy number, and when the policy and provisions
provided are in effect. Said policy shall be in effect for the duration of this
AGREEMENT. The insured shall not cancel or change the insurance without first giving
the CITY thirty (30) calendar days prior written notice. The insurance shall be with an
insurance company or companies rated A -VII or higher in Best's Guide. If the policy is
written on a claims made basis the coverage will continue in force for an additional two
years after the completion of this AGREEMENT.
Failure of either or all of the additional insureds to report a claim under such insurance
shall not prejudice the rights of the CITY, its officers, employees, agents, and
representatives there under. The CITY and the CITY's elected 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.
SECTION 12 SUBCONTRACTS
12.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract
any portion of the WORK to be performed under this AGREEMENT.
12.2 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.
12.3 CITY hereby authorizes the ENGINEER to subcontract with the following persons or firms for the
purpose of completing this AGREEMENT:
• Conley Engineering, Inc.
• GN Northern, Inc.
• Baer Testing, Inc.
12.4 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.
SECTION 13 ASSIGNMENT
13.1 This AGREEMENT is binding on the heirs, successors and assigns of the parties hereto. This
AGREEMENT may not be assigned by CITY or ENGINEER without prior written consent of the
other, which consent will not be unreasonably withheld. It is expressly intended and agreed that no
third -party beneficiaries are created by this AGREEMENT, and that the rights and remedies provided
herein shall inure only to the benefit of the parties to this AGREEMENT.
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SECTION 14 INTEGRATION
14.1 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 15 JURISDICTION AND VENUE
15.1 This AGREEMENT shall be administered and interpreted under the laws of the State of
Washington. Jurisdiction of litigation arising from this AGREEMENT shall be in Washington State.
If any part of this AGREEMENT is found to conflict with applicable laws, such part shall be
inoperative, null, and void insofar as it conflicts with said laws, but the remainder of this
AGREEMENT shall be in full force and effect. Venue of all disputes arising under this
AGREEMENT shall be in a court of competent jurisdiction in Yakima County, Washington.
SECTION 16 EQUAL EMPLOYMENT AND NONDISCRIMINATION
16.1 During the performance of this AGREEMENT, ENGINEER and ENGINEER's subconsultants and
subcontractors shall not discriminate in violation of any applicable federal, state and/or local law or
regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any
other classification protected under federal, state, or local law. This provision shall include but not
be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, selection for training, and the
provision of services under this AGREEMENT. ENGINEER agrees to comply with the applicable
provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and
regulations.
SECTION 17 SUSPENSION OF WORK
17.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this
AGREEMENT if unforeseen circumstances beyond CITY's control are interfering with normal
progress of the WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the
WORK under this AGREEMENT if unforeseen circumstances beyond ENGINEER's control are
interfering with normal progress of the WORK. ENGINEER may suspend WORK on PROJECT in
the event CITY does not pay invoices when due, except where otherwise provided by this
AGREEMENT. The time for completion of the WORK performed on any particular task 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 the PROJECT task in accordance with
SECTION 18.
SECTION 18 TERMINATION OF WORK
18.1 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.
18.2 In addition to termination under subsection 18.1 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
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requested, of intent to terminate; and (2) an opportunity for consultation with CITY before
termination.
18.3 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.
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 affected 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.
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SECTION 20 NOTICE
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.
CITY: City of Yakima Water/Irrigation Division
Attn: Mike Shane, Water/Irrigation Engineer
2301 Fruitvale Boulevard
Yakima, WA 98902
ENGINEER: HLA Engineering and Land Surveying, Inc. (HLA)
Attn: Michael T. Battle, PE, President
2803 River Road
Yakima, WA 98902
SECTION 21 SURVIVAL
21.1 The foregoing sections of this AGREEMENT 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 OF YAKIMA HLA Engineering and Land Surveying, Inc.
Signature Signature
Printed Name: Cliff Moore Printed Name: Michael T. Battle, PE
Title: City Manager Title: President
Date: Date:
Attest
City Clerk
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STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA
16
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
that he was authorized to execute the instrument, and acknowledged it as the CITY MANAGER of the CITY
OF YAKIMA, to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
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STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA
17
I certify that I know or have satisfactory evidence that Michael T. Battle, PE is the
person who appeared before me, and said person acknowledged that he/she signed this instrument, on
oath stated that he/she was authorized to execute the instrument, and acknowledged it as the
President of HLA Engineering and Land Surveying, Inc. to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
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EXHIBIT A — PROJECT SCOPE OF SERVICES
CITY OF YAKIMA
WATER AND IRRIGATION SYSTEM CAPITAL IMPROVEMENTS
Perform Engineering services as requested by the CITY for the Water and Irrigation System Capital
Improvements. CITY shall create Task Order(s) for each specific task assigned. All Task Orders will be
mutually agreed upon for specific scope of work, time of performance and fee for service, prior to approval
by the CITY and commencement of subsequent work. Each invoice prepared by ENGINEER shall specify
the Task Order for which payment is requested, the work performed thereon during the invoice period, and
any specific information related to the identified Tasks.
The contract term for this AGREEMENT shall be for calendar years 2018, 2019, 2020, and 2021. Task
Orders in progress and budgeted during this term shall be completed in accordance with the approved
schedule for each Task Order.
The Water System Capital Improvements shall be based on the following, as directed by the CITY:
Water System Plan, dated July 2017, or as otherwise amended.
The Irrigation System Capital Improvements shall be based on the following, as directed by the CITY:
Irrigation System Master Plan, or as otherwise amended.
All Task Orders will be based on the improvements identified in these Plans. These Plans are subject to
change by the CITY as individual capital improvements are completed and/or new areas of priority are
identified. Improvements will be determined by the CITY and Task Orders developed accordingly.
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EXHIBIT "B"
SCHEDULE OF RATES
FOR
HLA Engineering and Land Surveying, Inc.
Effective January 1, 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
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EXHIBIT "B"
SCHEDULE OF RATES
FOR
HLA Engineering and Land Surveying, Inc.
Effective January 1, 2019, through December 31, 2019
Senior Principal Engineer $208.00 per hour
Licensed Principal Land Surveyor $201.00 per hour
Licensed Principal Engineer $187.00 per hour
Licensed Professional Engineer $170.00 per hour
Other Licensed Professional $170.00 per hour
Licensed Professional Land Surveyor $155.00 per hour
Project Engineer $140.00 per hour
Senior Planner $128.00 per hour
Contract Administrator $128.00 per hour
CAD Technician $123.00 per hour
Resident Engineer/Inspector $116.00 per hour
Surveyor $116.00 per hour
Senior Engineering Technician $116.00 per hour
Engineering Technician $81.00 per hour
Word Processing Technician $81.00 per hour
Surveyor on Two Man Crew $110.00 per hour
Surveyor on Three Man Crew $98.00 per hour
Vehicle Mileage Federal Rate
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EXHIBIT "B"
SCHEDULE OF RATES
FOR
HLA Engineering and Land Surveying, Inc.
Effective January 1, 2020, through December 31, 2020
Senior Principal Engineer $215.00 per hour
Licensed Principal Land Surveyor $207.00 per hour
Licensed Principal Engineer $193.00 per hour
Licensed Professional Engineer $175.00 per hour
Other Licensed Professional $175.00 per hour
Licensed Professional Land Surveyor $160.00 per hour
Project Engineer $145.00 per hour
Senior Planner $132.00 per hour
Contract Administrator $132.00 per hour
CAD Technician $127.00 per hour
Resident Engineer/Inspector $119.00 per hour
Senior Engineering Technician $119.00 per hour
Surveyor $119.00 per hour
Surveyor on Two Man Crew $113.00 per hour
Surveyor on Three Man Crew $101.00 per hour
Engineering Technician $84.00 per hour
Word Processing Technician $84.00 per hour
Vehicle Mileage Federal Rate
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EXHIBIT "B"
SCHEDULE OF RATES
FOR
HLA Engineering and Land Surveying, Inc.
Effective January 1, 2021, through December 31, 2021
Senior Principal Engineer $222.00 per hour
Licensed Principal Land Surveyor $210.00 per hour
Licensed Principal Engineer $200.00 per hour
Licensed Professional Engineer $180.00 per hour
Other Licensed Professional $180.00 per hour
Licensed Professional Land Surveyor $164.00 per hour
Project Engineer $150.00 per hour
Senior Planner $136.00 per hour
Contract Administrator $136.00 per hour
CAD Technician $130.00 per hour
Resident Engineer/Inspector $122.00 per hour
Senior Engineering Technician $122.00 per hour
Surveyor $122.00 per hour
Surveyor on Two Man Crew $115.00 per hour
Surveyor on Three Man Crew $102.00 per hour
Engineering Technician $87.00 per hour
Word Processing Technician $87.00 per hour
Vehicle Mileage Federal Rate
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For City of Yakima Use Only:
Contract No
Project No.
Resolution No.
SOQ No.
TASK ORDER NO. 2018-01
REGARDING AGREEMENT BETWEEN CITY OF YAKIMA
(CITY CONTRACT NO. 2018- , RESOLUTION NO. R-2018- )
AND
HLA ENGINEERING AND LAND SURVEYING, INC.
PROJECT DESCRIPTION:
Hathaway Street Watermain Replacement (PROJECT)
HLA Project No. 18041E
23
The City of Yakima (CITY) desires to improve system operation and reduce unscheduled repairs by
replacing approximately 2,650 linear feet of existing 16 -inch diameter steel watermain with new 12 -inch
diameter ductile iron watermain in Hathaway Street, between North 6th Avenue and North 16th Avenue.
Improvements will include new crossing connections, water services, valves, fire hydrants, and related
surface repairs.
SCOPE OF SERVICES:
At the direction of the CITY, HLA Engineering and Land Surveying, Inc. (HLA), shall provide professional
engineering and land surveying services for the PROJECT. HLA services shall include:
PHASE 1 — ENGINEERING DESIGN AND FINAL PLANS, SPECIFICATIONS, AND ESTIMATE
A. Meet with CITY staff to confirm limits of water system replacement and desired project
outcomes.
B. Conduct a topographic survey of the project area as required to complete design, plans, and
specifications, including call for utility locates.
C. Perform field investigations necessary to design the identified improvements.
D. Perform the preliminary design. Present, review, and discuss preliminary plans with the CITY
at both 60% and 90% completion.
E. On basis of approved preliminary plans, perform the final design, and prepare complete Plans
and Specifications for publicly -bid improvements, as authorized by the CITY.
F. Prepare the Engineer's Estimate of construction cost.
G. Furnish the CITY electronic copies of the final Plans and Specifications for bidding and
construction. Print up to 12 paper copies of the final Plans and Specifications. 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.
H. Answer and supply such information as is requested by prospective bidders.
I. Prepare and issue addenda, if necessary.
J. Attend bid opening and participate in the bid evaluation process.
K. Prepare tabulation of all bids received by the CITY and review bidder's qualifications.
L. Make recommendation of construction contract award to the lowest responsible bidder.
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PHASE 2 — SERVICES DURING CONSTRUCTION
A. Prepare and transmit Notice of Award to the Contractor.
B. Coordinate execution of the Contract with the CITY and Contractor, including review of Bond
and Insurance requirements.
C. Coordinate and facilitate Preconstruction Meeting with the CITY, Contractor, private utilities,
and affected agencies.
D. Prepare and issue Notice to Proceed to the Contractor.
E. Furnish the field survey crew necessary to set horizontal and vertical control for the
improvements authorized for construction.
F. Furnish a qualified resident engineer who shall make construction observations and be on the
job site at all times that significant work is in progress, whose duty shall be to provide
surveillance of project construction for substantial compliance with Plans and Specifications.
G. Perform measurement and computation of pay items, prepare and file progress reports on the
PROJECT with the CITY, and provide monthly progress pay estimates to the CITY.
H. Administer construction meetings (as needed).
I. Consult and advise the CITY during construction and make a final report of the completed work.
J. The CITY is required to monitor the Contractor's payment of prevailing wage rates. As part of
construction services, HLA will monitor General Contractor and Subcontractor compliance with
State labor standards during the construction phase of the PROJECT. This work includes
checking monthly certified payrolls, conducting employee interviews in the field, and issuing
letters of non-compliance and/or letters of missing documents.
K. Review Contractor's submission of samples and shop drawings, where applicable.
L. Review materials testing results for compliance with Plans and Specifications.
M. Prepare and submit proposed contract change orders when applicable.
N. Perform final walk-through with the CITY and Contractor, and issue final punch list.
O. Prepare and furnish reproducible record drawings of all completed work from as -built drawings
furnished by the resident engineer and Contractor. If as -built drawings from the Contractor are
not received by HLA within thirty (30) calendar days from the date of the letter of
recommendation of project acceptance, HLA will submit the reproducible record drawings to
the CITY with a note stating that no as -built information was received by HLA.
PHASE 3 — ADDITIONAL SERVICES
Provide professional engineering and land surveying services for additional work requested by the CITY
that is not included in Phase 1 or Phase 2.
ITEMS TO BE FURNISHED AND RESPONSIBILITY OF CITY
The CITY will provide or perform the following:
A. Provide full information as to CITY requirements of the PROJECT.
B. 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.
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C. Provide staff and equipment to pothole at specific areas of potential conflict or interest,
necessary to confirm the design.
D. Make contact with property owners affected by the PROJECT and gain necessary access to
property for field investigation, design, and construction of improvements.
E. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals, and
other documents presented by HLA and render in writing decisions pertaining thereto within a
reasonable time so as not to delay the work of HLA.
F. Obtain approval of all governmental authorities having jurisdiction over the PROJECT and such
approvals and consents from such other individuals or bodies as may be necessary for
completion of the PROJECT.
G. Pay for project bid advertisement costs.
TIME OF PERFORMANCE:
The services called for under the various phases of this Agreement shall be completed as follows:
PHASE 1 — ENGINEERING DESIGN AND FINAL PLANS, SPECIFICATIONS, AND ESTIMATE
Plans, specifications, and cost estimate for all project elements shall be completed within 80 working
days following authorization to proceed.
PHASE 2 — SERVICES DURING CONSTRUCTION
Engineering services during construction for the PROJECT shall begin upon construction contract
award by the CITY to the lowest responsible bidder and shall extend through both the completion of
construction and completion of as -constructed drawings and labor documentation closeout, as
requested and directed by the CITY. A maximum of 40 working days has been assumed for the
construction of improvements. Should the Contractor be granted time extensions for construction
completion due to recognized delays, requested additional work, and/or change orders, engineering
services beyond the 40 working days shall be considered additional services.
PHASE 3 — ADDITIONAL SERVICES
Time of completion for work directed by the CITY under this phase shall be negotiated and mutually
agreed upon at the time of service requested by the CITY.
FEE FOR SERVICE:
For the services furnished by HLA as described under this Agreement, the CITY agrees to pay HLA the
fees as set forth herein. The amounts listed below may be revised only by written agreement of both parties.
PHASE 1 — ENGINEERING DESIGN AND FINAL PLANS, SPECIFICATIONS, AND ESTIMATE
All work directed by the CITY for this PROJECT phase shall be performed on a lump sum basis in the
amount of $63,700.00. A fee breakdown is provided in EXHIBIT 1 attached.
PHASE 2 — SERVICES DURING CONSTRUCTION (AS DIRECTED)
All work shall be performed on a time -spent basis at the normal hourly billing rates in affect at time of
the Task Order. All work directed by the CITY for this PROJECT phase shall be performed on a time -
spent basis at the hourly billing rates provided in EXHIBIT B of the Agreement (City Contract No. 2018-
, Resolution No. R-2018- ), plus reimbursement for direct non -salary expenses as described
in section 5.1.1. An estimate of time and expenses for services is provided in EXHIBIT 1 attached.
The estimated maximum amount of this phase of work is $79,600.00.
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PHASE 3 — ADDITIONAL SERVICES
Any additional work requested by the CITY that is not included in other phases shall be authorized by
the CITY and agreed to by HLA in writing prior to proceeding with the services. HLA shall perform the
additional services as directed/authorized by the CITY on a time -spent basis at the hourly billing rates
included in our General Agreement (City Contract No. 2018-_, Resolution No. R-2018- ), plus
reimbursement for direct non -salary expenses such as laboratory testing, reproduction expenses, out
of town travel costs, and outside engineers.
CITY OF YAKIMA HLA Engineering and Land Surveying, Inc.
Signature Signature
Printed Name: Cliff Moore Printed Name: Michael T. Battle, PE
Title: City Manager Title: President
Date: Date:
Attest
City Clerk
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EXHIBIT 1 — PROFESSIONAL SERVICES
During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection
with the following project:
Hathaway Street Watermain Replacement (PROJECT)
Task Order No. 2018-01
HLA Project No. 18041E
For the services described in Task Order No. 2018-01, compensation shall be paid per Section 5 of the
Agreement (City Contract No. 2018-_, Resolution No. R-2018- ). The following spreadsheet shows
the estimated time and expenses to perform said services.
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Project Title: Hathaway Street Vat in
Client; Cutir of Yakima
Task Order No, 2018-01
Date; January 6.2018
Task
No.
2
3
4
5
6
8
10
Project Task
Senior
Principal
Engineer
$202
ENGINEERING DESIGN AND FINAL PLANS,
Pict PA4:49P4A
Proiter Meting::
Field investigation: and topographic mirvey
Awrixw public arid private utilitico
Roinow oxiotiog c000dooloto and fight -of -woo
Pooldoioold otoofdo
Inboule prolect review, quality control
Rottioto Wood OrocOrporoto Agog, coot0000to
Fua dtoi9o, pt000. wood opt oilkotioro
Poopoot cooknoto of totetructioo toot
2
0
4
tocootood
Ptiocipol
Engtooto
$181
Prolect
Engineer
$138
SPECIFICATIONS,
2
16
4
16
2
44
2
24
ENGINEER" H
Prik
Lood
Souvoyor
$197
Two Moo
Sur rty
Crew
$214
AND ESTIMATE
40
0
4
0
0
Y ESTIMATE
CAO
Tt4loklao
Word
Procwwirio
Tcchatelan
$119 $79
12
48
0
T01.4$
HOW
20
18
68
32
16
118
11
60
15
To4k Direct
Cot
12,318
11,616
$10,804
13. 9 ft
1886
03,518
12,602
16,682
01,166
11
12
13
14
15
16
ur bich copof Ow 401d opocificotiono
Awhiro bidders olotootioodo
Poop000 000d O0000 44dd4
Attend bid opening
Review bicluiPrepare tabulation of bid:
Make recommendation ot contract ;ward
Labor Subtotal
0
0
0
0
22
2
2
2
2
140
16
0
0
0
48
0
0
4
0
0
0
118
2
0
2
0
2
2
20
4
8
14
4
6
424
6480
51116
01,460
1272
$430
1632
163,330
EXPENSE S:
Travel;
Mileage
PAW:n*449
Nliso. Expenses;
Co Unit
5034
10.00
Ground
Days
Days
121.00
Advartizernent
Telephone
Point
Printing 12 copra: planutr,peca
1300.00
Sub;Consuttants;
None Aoticlpottd
10430
Subtotal • Labor
Sitbrotoi Expitxxxx
Multiplitt
Total ENGINEERING DESIGN ANO FINAL PLANS, SPEC#FIGATIGNS, AND ESTIMATE
EXHIBIT 1 — PROFESSIONAL SERVICES (Continued)
10,00
663,380,
1321.00
063,111.00
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Protect Title: Hathaway Street Vaterrnain RepIacernent
Deno Ci g of Yakma
Task Order No.2048-01
Date; January 6
Task
Mo
7
11
12
13
Proiest Task
Scam'
Erigintor
S202
SE YICES DURING CD RUCTION
towyCt City c11RuCeveiC4ritrut Prup.
C001•0 PR00000000fi Att40101
Corittruutiou Obourrution
C000400A 0000
laapactron Roporra
Couscuctiou Adminkceutiou
COalartariara 7700031
Submittul Ruvicv
Start Labor StanclardaCornpliarrac
brograra-Payratartt:
Malt rdect
Final Irlalk.ThroultrtPurochtrat
Projact Clozooal
0
tictreci
prialcipul
Erugiatur
$181
2
12
12
2
2
2
2
Proitet
Ce4itieer
2
25
2
26
4
Lit Print
Lurid
Survoyor
*1 97
0
0
0
0
0
0
0
ENGINEER'S HOURLY ESTI TE
Ivy. Mt
Survey
Cruw
$214
24
R. Id
Etigiauert
tceptetor
*112
380
16
2
2
Contract
Modararratot
$124
4
16
24
4
Cri9iiie1J1119
Teehticisei
$79
2
Tau
maws
10
•
420
39
43
•
•
16
24
•
16 23
•
22
14
•
14
•
20
T0011000
Cot:to
1732
1732
$48,540
26.021
$ , 77
16,372
12,008
12748
$1,341
$1,670
07174
$L604
14
Retord Orauringt.
Labor Subtotal
EXPENSES:
Travel.
fitoaraLoalrgiag
16
43
Cost/Unit
40
Ground
0
Days
24
Days
426
Miles
400
11
70 762
11,507
$73,338
$215.00
Mi so Expenses: (None)
AdyurCurcurit
Talcpboor
Pootaga
Sub -Consultants:
Noma Aaririparad
10.30 tO.00
Moltiplier 10.00
Sobroral - Labor
WM 041 • Exporroco
Too/ - SERVICES DURING CONSTRUCTION
173,337$00
$216.00
17014,00
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