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HomeMy WebLinkAboutR-2018-065 Temporary Homeless Encampment Water and Sewer Services Agreement with HLAA RESOLUTION RESOLUTION NO. 2018-065 authorizing a Professional Services Agreement with HLA Engineering and Land Surveying, Inc. to provide engineering services required for the temporary and permanent homeless shelters, together with Task Order 2018-01 for providing water and sanitary sewer services to Camp Hope. WHEREAS, the City of Yakima desires to hire an engineering consulting firm to develop the plans and specifications needed to provide water and sanitary sewers to the proposed temporary and permanent homeless shelters, funding for which is coming from the Yakima Valley Conference of Governments (YVCOG), and, WHEREAS, the City of Yakima has followed the procedure established by the State of Washington to select and recommend an engineering consulting firm using the Municipal Research and Service Center Professional Services Roster process to select a firm to perform the design work, and WHEREAS, HLA Engineering and Land Surveying, Inc. was determined to be qualified to perform the needed work at this time, 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 to execute an Agreement with HLA Engineering and Land Surveying, Inc., to provide engineering services required for the temporary and permanent homeless shelters, together with Task Order 2018-01 for providing water and sanitary sewer services to Camp Hope; a copy of the agreement with Exhibits A and B and Task Order 2018-01 are attached hereto and by this reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 10th day of July, 2018. ATTEST: Sonya Claar Tee, City Clerk t. Kathy`So ey, Mayor For City of Yakima Use Only: Contract No Project No. Resolution No. SOQ No. AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AN D HLA ENGINEERING AND LAND SURVEYING, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this t% day of rug , 2018, by and between the City of Yakima, Washington, a municipal corporation with its principd 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 CAMP HOPE UTILITY EXTENSION IMPROVEMENTS 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 water and sewer improvements to Camp Hope, 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 11 The above recitals are incorporated into these operative provisions of the AGREEMENT. The term of this AGREEMENT shall be for the calendar years 2018 and 2019 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 specific task description, the not to exceed cost and the time for completion thereof, together with any special instructions associated with a particular task. G:\Contracts & Task Orders\Yakima\2018\Camp Hope Utility Extension\2018-06-26 - Camp Hope Base Contract.docx Page 1 of 17 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 responsible for exercising customary professional care in using and reviewing such documents, services, and reports and drawing conclusions therefrom G:\Contracts & Task Orders\Yakima\2018\Camp Hope Utility Extension\2018-06-26 - Camp Hope Base Contract.docx Page 2 of 17 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 complete utility extensions to Camp Hope. The budget specifying funding for Phase 1 Camp Hope utilities has been approved. The total budget for Phase 2 work is contingent upon 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 51.1 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 513 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. G:\Contracts & Task Orders\Yakima\2018\Camp Hope Utility Extension\2018-06-26 - Camp Hope Base Contract.docx Page 3 of 17 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 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 G:\Contracts & Task Orders\Yakima\2018\Camp Hope Utility Extension\2018-06-26 - Camp Hope Base Contract.docx Page 4 of 17 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 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 G:\Contracts & Task Orders\Yakima\2018\Camp Hope Utility Extension\2018-06-26 - Camp Hope Base Contract.docx Page 5 of 17 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 attorneys 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 SECTION 9 AUDIT AND ACCESS TO RECORDS G:\Contracts & Task Orders\Yakima\2018\Camp Hope Utility Extension\2018-06-26 - Camp Hope Base Contract.docx Page 6 of 17 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. 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 G:\Contracts & Task Orders\Yakima\2018\Camp Hope Utility Extension\2018-06-26 - Camp Hope Base Contract.docx Page 7 of 17 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. 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 G:\Contracts & Task Orders\Yakima\2018\Camp Hope Utility Extension\2018-06-26 - Camp Hope Base Contract.docx Page 8 of 17 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 engineering specialties for the purpose of completing this AGREEMENT • Electrical Engineering • Geotechnical Engineering 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 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. G:\Contracts & Task Orders\Yakima\2018\Camp Hope Utility Extension\2018-06-26 - Camp Hope Base Contract.docx Page 9 of 17 SECTION 15 JURISDICTION AND VENUE 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 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 171 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 181 of this Section, CITY may terminate this AGREEMENT for its convenience, in whole or in part, provided the ENGINEER is given (1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an opportunity for consultation with CITY before 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 G:\Contracts & Task Orders\Yakima\2018\Camp Hope Utility Extension\2018-06-26 - Camp Hope Base Contract.docx Page 10 of 17 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 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 G:\Contracts & Task Orders\Yakima\2018\Camp Hope Utility Extension\2018-06-26 - Camp Hope Base Contract.docx Page 11 of 17 CITY: City of Yakima Water Attn Brett Sheffield, Chief Engineer 129 North Second Street 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 Signature Printed Name. Title* ( c� CO -2 Cliff -Van HLA Engineering and Land Surveying, Inc. Signature Printed Name. Theodore W. Pooler, PE Title: Vice President Date* ••7 [ (I T;:: Date- —/U/y rod Zd/63 Attest 1/6 9 L ( VA 4N, pity Clerk v a % \J` 1 ;�.N a CITY CONTRACT NO;`tell / e--111 ,c�", 1' �_��� RRESOLUTION NO ' 1 0/ Ci —[)h5 G:\Contracts & Task Orders\Yakima\2018\Camp Hope Utility Extension\2018-06-26 - Camp Hope Base Contract.docx Page 12 of 17 STATE OF WASHINGTON ) ss COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that Cliff -Moore• o �1 U''iC_Ris the person who appeared before me, and said person acknowledged thaf'he signed this instrument, on oath stated thathe 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 a1'd purposes mentioned in the instrument. Dated. -\ likJ Seal or Stamp o ,O v ��ss►oro ..F NOTARy`u' �' AP(IG =2 15, O \\\ 2.9 & - op Wi1/4-0- ..Q aQ4-1 Ais twkic, cia (Siignalture) L)�A A/&Liei Titl J l l R r e._,e Printed Nafne f My commission expires ' '(1 9-, v G:\Contracts & Task Orders\Yakima\2018\Camp Hope Utility Extension\2018-06-26 - Camp Hope Base Contract.docx Page 13 of 17 STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that Theodore W. Pooler, 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 Vice 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 J-7 /( 61 091 Seal or Stamp *,otomy.?• •� • Comm.ExpIres r-: October 01, 2021 : PUMA°.•&° V; cc fre Sv' Title r Printed Name My commission expires. CC- / % / Z®Z 1 G:\Contracts & Task Orders\Yakima\2018\Camp Hope Utility Extension\2018-06-26 - Camp Hope Base Contract.docx Page 14 of 17 EXHIBIT A — PROJECT SCOPE OF SERVICES CITY OF YAKIMA CAMP HOPE UTILITY EXTENSION IMPROVEMENTS Perform Engineering services as requested by the CITY for the Camp Hope Utility Extension Improvements. As there may be multiple phases of work, 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 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 Camp Hope Utility Extension Improvements shall be based on directions given by the CITY. G:\Contracts & Task Orders\Yakima\2018\Camp Hope Utility Extension\2018-06-26 - Camp Hope Base Contract.docx Page 15 of 17 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 G:\Contracts & Task Orders\Yakima\2018\Camp Hope Utility Extension\2018-06-26 - Camp Hope Base Contract.docx Page 16 of 17 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 G:\Contracts & Task Orders\Yakima\2018\Camp Hope Utility Extension\2018-06-26 - Camp Hope Base Contract.docx Page 17 of 17 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 -20181-42S ) AND HLA ENGINEERING AND LAND SURVEYING, INC PROJECT DESCRIPTION: Camp Hope Utility Extension (PROJECT) HLA Project No. 18105E The City of Yakima (CITY) desires to extend domestic water and sanitary sewer services on E. Viola Ave to provide utility access to Camp Hope by installing approximately 950 linear feet of a new 3 -inch diameter water service, new sewage lift station, 350 linear feet of 4 -inch gravity sewer and 500 linear feet of new 2 - inch forcemain in E Viola Avenue Improvements will include a water service, sewer lift station, on-site utility improvements and forcemain, and related surface repairs. These improvements will serve County Parcel No 191329-41410 and 191329-41406 owned by the City of Yakima. 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 extension, manhole installation locations, limits of sanitary sewer collection pipeline installation and desired project outcomes. B Provide assistance for project updates and related administrative documents to the appropriate agencies that have jurisdiction over design and construction of this project. C. Conduct a topographic survey of the project area as required to complete design, plans, and specifications, including call for utility locates D. Perform field investigations necessary to design the identified improvements. E Perform the preliminary design. Present, review, and discuss preliminary plans with the CITY at both 60% and 90% completion F 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. G Prepare the Engineer's Estimate of construction cost. H. 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. I Answer and supply such information as is requested by prospective bidders J Prepare and issue addenda, if necessary K. Attend bid opening and participate in the bid evaluation process G:\Contracts & Task Orders\Yakima\2018\Camp Hope Utility Extension\2018-06-26 COY Task Order 2018-01.docx Page 1 of 4 L. Prepare tabulation of all bids received by the CITY and review bidder's qualifications M Make recommendation of construction contract award to the lowest responsible bidder PHASE 2 — ADDITIONAL SERVICES Provide professional engineering and land surveying services for additional work requested by the CITY that is not included in other phases of work. 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 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 30 calendar days following authorization to proceed. PHASE 2 — 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 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 G:\Contracts & Task Orders\Yakima\2018\Camp Hope Utility Extension \2018-06-26 COY Task Order 2018-01.docx Page 2 of 4 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 $24,370 00. PHASE 2 — 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-// r/' Resolution No R-2018-Oh6"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 C.-- P,A Printed Name Cliff --Moore TitleVO\City Manager J rifre,c Signature Printed Name Title Theodore W. Pooler, PE Vice President Date. v LAA tt O Date -16 • ly 6/ 2,/� Attest City Jerk • CITY CONTRACT NO: 20/8—// / 2, \� RESOLUTION NO. iC- OiS O&a' G:\Contracts & Task Orders\Yakima\2018\Camp Hope Utility Extension\2018-06-26 COY Task Order 2018-01.docx Page 3 of 4 EXHIBIT 1 — PROFESSIONAL SERVICES During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection with the following project: Camp Hope Utility Extension (PROJECT) Task Order No. 2018-01 HLA Project No. 18105E 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 Project Title. Camp Hope Utility Extension Client: City of Yakima Task Order No. 2018-01 Date: June 26, 2018 ENGINEER'S HOURLY ESTIMATE Task No. Project Task Senior Principal Engineer Licensed Principal Engineer Lincensed Profession. Engineer Senior Prin. Land Surveyor Two Man Survey Crew CAD Technician Word Processing Technician Total Hours Task Direct Costs $202 $181 $165 $197 $214 $119 $79 PHASE 1 - ENGINEERING DESIGN AND FINAL PLANS, SPECIFICATIONS, AND ESTIMATE 1 Project Management 2 0 2 0 0 0 0 4 $734 2 Project Meetings 2 0 2 0 0 0 0 4 $734 3 Field investigations and topographic survey 0 0 0 4 16 4 0 24 $4,688 4 Review public and private utilities 0 0 4 0 0 2 0 6 $898 5 Review existing easements and nght-of-way 0 0 0 4 0 2 0 6 $1,026 6 Preliminary design 2 0 40 0 4 24 2 72 $10,874 7 In-house project review, quality control 2 2 0 0 0 0 2 6 $924 8 Revieww/and Incorporate Agency comments 0 0 2 0 0 2 1 5 $647 9 Final design, plans, and specifications 0 0 4 0 0 2 1 7 $977 10 Prepare estimate of construction cost 0 0 4 0 0 0 0 4 $660 11 Furnish copies of plans and specifications 0 0 1 0 0 0 2 3 $323 12 Answer bidders questions 0 0 2 0 0 0 0 2 $330 13 Prepare and issue addenda 0 0 2 0 0 0 1 3 6409 14 Attend bid opening 0 0 2 0 0 0 0 2 $330 15 Review bids/Prepare tabulation of bids 0 0 1 0 0 0 2 3 $323 16 Make recommendation of contract award 0 0 1 0 0 0 1 2 $244 Labor Subtotal 8 2 67 8 20 36 12 153 $24,121 EXPENSES: Travel: CosUUnit Ground Days Days Miles Mileage $0 54 25 $13.50 Meals/Lodging $0.00 Misc. Expenses: Advertisement Telephone Postage Printing 12 copies plans/specs $300.00 Sub -Consultants: None Anticipated 60.00 Multiplier 11 60.00 Subtotal- Labor $24,121.00 Subtotal - Expenses $313.50 Total - ENGINEERING DESIGN AN D FINAL PLANS, SPECIFICATIONS, AND ESTIMATE $24,434 50 G:\Contracts & Task Orders\Yakima\2018\Camp Hope Utility Extension\2018-06-26 COY Task Order 2018-01.docx Page 4 of 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 6.M. For Meeting of: July 10, 2018 ITEM TITLE: Resolution authorizing an agreement with HLA, Inc., to provide Engineering Services required for the temporary and permanent homeless shelters, together with Task Order 2018-01 for providing water and sanitary sewer services to Camp Hope SUBMITTED BY: Scott Schafer, Director of Public Works Brett Sheffield, Chief Engineer, 576-6797 SUMMARY EXPLANATION: This is a resolution authorizing a contract with HLA Engineering and Land Surveying, Inc. for all the requirements and obligations that must be met for subsequent Task Orders. The Engineering Division will submit Task Orders for City Council approval for each element that requires design and engineering services. Using the Municipal Research and Service Center Professional Services Roster, a statewide small works and consultant roster system, the City selected HLA Engineering and Land Surveying. The first task order, Task Order 2018-01, is for performing the engineering, design, plan and bid preparation to provide water and sanitary sewer services to Camp Hope. The terms of Task 2018-01 would be in an amount not to exceed $24,500. Funding to be provided from funds obtained from YVCOG for the purpose of extending utilities to City owned property for a homeless encampment. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt Resolution. 2 BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type • Resolution 6/29/2018 Cover Memo • Professional SeRices Agreement 6/28/2018 Cover Memo • Task Order 2018-01 6/28/2018 Cover Memo Contract Supplemental Agreement Supplemental Agreement Number' 1 ' Organization and Address: HLA Engineering and Surveying 2803 River Rd, Yakima, WA 98902 Original Contract Number: 2018-119 Execution Date of Supplement: September 18, 2018 City Engineering Project Number: 2478 Completion Date of Supplement: December 31, 2018 Project Title: Camp Hope Utility Extension Improvements Maximum Amount Payable this Supplement. $14,000 Maximum Total Amount Payable for the Agreement: $38,370 Section 1: Supplemental Agreement The City of Yakima, Washington desires to supplement the Task Order No 2018-01 entered into with HLA Engineering and Surveying, and executed on July 11, 2018 by Resolution No. 2018-065 and identified as Contract 2018-119 All provisions in the basic contract remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows Section 2: Scope of Services The additional tasks to be performed as part of this Supplemental Agreement include. looking at various alternatives with multiple project meetings and cost estimates, design of the site feted lighting, research and evaluate gravity sewer design to manhole at Uhaul; and, redesigning the lift station for 50% more capacity as listed in Exhibit A. Section 5: Compensation Payment for this supplemented work, as shown on Exhibit B is not to exceed $14,000, bringing the total amount of the Agreement to $38,370. If you concur with this supplement and agree to the changes as stated above, please sign the appropriate spaces below and return to this office for final action. Consultant Signature By: CItPP ovadf-e anager Signature Date CITY CONTRACT NO: 2P/8 RESOLUTION NO: EXHIBIT A Scope of Services Additional work required to complete Phase 1 of the Camp Hope Utilities Extension project included: • Three additional project meetings to determine the final design ■ Review five different options of providing the utilities to the site and develop estimates to determine which option is the most feasible ■ Re -design the lift station to accommodate 150 people ■ Re -design the project as a private system EXHIBIT B Professional Services Camp Hope Utilities Extension Project Task Senior Principal Engineer Licensed Professional Engineer Licensed Professional Land Surveyor CAD Technician Surveyor on Three -Man Crew Total Hours Task Direct Cost $ 202.00 $ 165.00 $ 150.00 $ 119.00 $ 95.00 Project Management 2.0 2.0 $ 330.00 Project Meetings 3.0 3.0 6.0 $ 1,101.00 Field Investigations 2.0 0.5 4.5 7.0 $ 832.50 Review utilities 10.0 10.0 $ 1,650.00 Preliminary Design 47 0 18.0 65.0 $ 9,897 00 Labor Total- ' 3.0 64.0' 0.5 18.0r 4.5 90.0 $ 13,810.50 For City of Yakima Use Only: Contract No Project No Resolution No SOQ No TASK ORDER NO. 2018-02 REGARDING AGREEMENT BETWEEN CITY OF YAKIMA (CITY CONTRACT NO. 2018-119, RESOLUTION NO R-2018-065) AND HLA ENGINEERING AND LAND SURVEYING, INC PROJECT DESCRIPTION: Camp Hope Utility Extension (PROJECT)—Phase 2A HLA Project No. 18105E 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 —LAND SURVEYING SERVICES—3-PARCEL LOT LINE ADJUSTMENT A. Field survey section corners, WSDOT alignment monuments, and the Easterly edge of 22nd Street. B Prepare property exhibit map and legal descriptions for a 3-parcel Lot Line Adjustment(Yakima County Tax Parcel Nos 191329-41400, 191329-41404, and 191328-32005), creating the parcel layout provided by the CITY. PHASE 2—ADDITIONAL SERVICES Provide professional engineering and land surveying services for additional work requested by the CITY that is not included in other phases of work. ITEMS TO BE FURNISHED AND RESPONSIBILITY OF CITY The CITY will provide or perform the following A. Prepare, submit, and process City of Yakima Short Plat Exemption application B Review records to see if the City has title information for the 3 parcels involved in the Lot Line Adjustment TIME OF PERFORMANCE: The services called for under the various phases of this Agreement shall be completed as follows. PHASE 1 —LAND SURVEYING SERVICES—3-PARCEL LOT LINE ADJUSTMENT Legal descriptions and property exhibit map shall be completed within 30 calendar days following authorization to proceed PHASE 2—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. G\Contracts&Task Orders\Yaldma\2018\Camp Hope Utility Extension\2018-11-08 COY Task Order 2018-02 docx Page 1 of 3 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 —LAND SURVEYING SERVICES—3-PARCEL LOT LINE ADJUSTMENT 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- 119, Resolution No R-2018-065), 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 $6,750.00. PHASE 2—ADDITIONAL SERVICES Any additional work requested by the CITY that is not included in other phases shall be authorized by the CITY and agreed to by HLA in writing prior to proceeding with the services HLA shall perform the additional services as directed/authorized by the CITY on a time-spent basis at the hourly billing rates included in our General Agreement (City Contract No 2018-119, Resolution No. R-2018-065), plus reimbursement for direct non-salary expenses such as laboratory testing, reproduction expenses, out of town travel costs, and outside engineers CITY OF YAKIMA HLA Engineering and Land Surveying, Inc. Sig re Signature Printed Name Cliff Moore Printed Name Michael T. Battle, PE Title City Manager Title President Date. V L yAkD,ae'$, ///97Z0te (‘4* N\--6c.7-9Attest t RAj, v City Cie? � � I CITY CONTRACT NO:20/6+// ( ( ©_' RESOLUTION NO: G\Contracts&Task Orders\Yakima\2018\Camp Hope Utility Extension\2018-11-08 COY Task Order 2018-02 docx Page 2 of 3 EXHIBIT 1 — PROFESSIONAL SERVICES During the term of this AGREEMENT, the ENGINEER shall perform professional services in connection with the following project. Camp Hope Utility Extension (PROJECT) Task Order No. 2018-02 HLA Project No. 18105E For the services described in Task Order No 2018-02, compensation shall be paid per Section 5 of the Agreement (City Contract No 2018-119, Resolution No R-2018-065) The following spreadsheet shows the estimated time and expenses to perform said services Project Title: Camp Hope Utility Extension•Pharr.2A Client: Cty of Yakima Task Order Ho 2018.02 Date: November9,2018 I ENGINEER'S HOURLY ESTIMATE 1 Senior 5onierPrin Linceraed Three Men CAD Word Tark Principal Land Land Survey Tochnicier,Proc./Ana Total Talk Direct Ho. Project Talk Engineer Surveyor Surveyor Crow Technician Hours Carts $202 $197 ;150 $285 $119 I ;79 PHASE ZA-LAND SURVETIN6 SERVICES-3 PARCEL LOT LIME ADJUSTMENT 1 Project Management 2 0 3 0 0 0 0 5 $854 2 ProjectMootings 0 0 2 0 0 0 0 2 000 I rioldSurvoyina 0 0 1 6 1 0 0 8 $1,979 4 Record Research 0 0 3 0 0 0 0 3 $450 5 Prepare.Exvtina and ProperedBoundarier 0 0 6 0 2 0 0 8 $1,138 6 Proper*Pr owed Legal Description, 0 0 4 0 0 1 0 5 $679 7 Proper*final Property Exhibit Map 0 0 0 0 3 0 0 0 $357 8 In•houre project revieu,quality control 0 2 1 0 0 1 0 4 $623 9 0 0 0 0 0 0 0 0 $0 10 0 0 0 0 0 0 0 0 $0 11 0 0 0 0 0 0 0 0 $0 12 0 0 0 0 0 0 0 0 ;0 13 0 0 0 0 0 0 0 0 $01 14 0 0 0 0 0 0 0 0 ;0 15 0 0 0 , 0 0 0 0 0 $01 16 0 0 0 0 0 0 0 0 $0 Lobar Subtotal 2 2 20 6 6 2 0 38 ;6,3801 EXPENSES: Travel: CattaUnit Ground Days Dots Miler I Mileage $0.54 40 $21.60 Media(odainq $0.00 I Hirt.Expenrer: Advertisement Telephone Po►toge 1 Title Report _ $350.00 Sub•CONultentr: None Anticipated I ;0.00I I I I ,Multiplied 1.11 I 80.00 Subtotal-Labor $6,380.00 Subtotal-CxpONer $371.60 Total•Land Surveying 5orvicer•3 Parcel Lot Line Adjustment $6,751.601 G\Contracts&Task Orders\Yalama\2018\Camp Hope Utility Extension\2018-11-08 COY Task Order 2018-02.docx Page 3 of 3 Project Title. Camp Hope Utility Extension-Phase 2A Client: City of Yakima Task Order Nc 2018-02 Date November 9,2018 ENGINEER'S HOURLY ESTIMATE Senior Senior Prin. Lincensed Three Man CAD Word Task Principal Land Land Survey Technician Processing Total Task Direct No Project Task Engineer Surveyor Surveyor Crew Technician Hours Costs $202 $197 $150 $285 $119 $79 PHASE 2A-LAND SURVEYING SERVICES-3 PARCEL LOT LINE ADJUSTMENT 1 Project Management 2 0 3 0 0 0 0 5 $854 2 Project Meetings 0 0 2 0 0 0 0 2 $300 3 Field Surveying 0 0 1 6 1 0 0 8 $1,979 4 Record Research 0 0 3 0 0 0 0 3 $450 5 Prepare Existing and Proposed Boundaries 0 0 6 0 2 0 0 8 $1,138 6 Prepare Proposed Legal Descriptions 0 0 4 0 0 1 0 5 $679 7 Prepare Final Property Exhibit Map 0 0 0 0 3 0 0 0 $357 8 In-house project review,quality control 0 2 1 0 0 1 0 4 $623 9 0 0 0 0 0 0 0 0 $0 10 0 0 0 0 0 0 0 0 $0 11 0 0 0 0 0 0 0 0 $0 12 0 0 0 0 0 0 0 0 $0 13 0 0 0 0 0 0 0 0 $0 14 0 0 0 0 0 0 0 0 $0 15 0 0 0 0 0 0 0 0 $0 B 16 0 0 0 0 0 0 0 0 $0 Labor Subtotal 2 2 20 6 6 2 0 38 $6,380 EXPENSES: Travel: Cost/Unit Ground Days Days _ Miles Mileage $0.54 40 $21.60 Meals/Lodging $0.00 Misc.Expenses: Advertisement Telephone Postage Title Report $350 00 Sub-Consultants None Anticipated $0.00 Multiplier 1 1 $0.00 Subtotal-Labor $6,380.00 Subtotal-Expenses $371 60 Total-Land Surveying Services-3 Parcel Lot Line Adjustment $6,751.60