HomeMy WebLinkAboutR-2018-141 Fair Avenue Sanitary Sewer Main Improvements Project Agreement with HLA Engineering and Land Surveying, Inc.RESOLUTION NO. R-2018-141
A RESOLUTION authorizing a Professional Services Agreement with HLA Engineering and
Land Surveying, Inc. to provide engineering design, bidding, and
construction services for the Fair Avenue Sanitary Sewer Main
Improvements project
WHEREAS, the City of Yakima maintains the Wastewater Collection System in
accordance with applicable Federal, State and Local regulations, and
WHEREAS, the City of Yakima is planning and preparing for the Mill Site Development,
and
WHEREAS, the City of Yakima Wastewater Collection System has undergone a study in
the area downstream of the Mill Site and the existing system requires improvements to serve the
developed Mill Site, and
WHEREAS, the City of Yakima Wastewater Division desires engineering design, bidding,
and construction services for the Fair Avenue Sanitary Sewer Main Improvements project as
identified in the Wastewater Collection System Master Plan, and
WHEREAS, on October 5, 2018, the City held interviews with three consulting firms listed
on the Municipal Research and Services Center (MRSC) of Washington roster as having the
experience and expertise necessary to perform these services, and
WHEREAS, as a result of these interviews, the City selected HLA Engineering and Land
Surveying, Inc. as the most qualified Consultant to perform the work, and
WHEREAS, the City Council finds that it is in the best interest of the City of Yakima and
its residents to enter into a professional services contract agreement with HLA Engineering and
Land Surveying, Inc. to perform the required engineering design, bidding, and construction
services for the City; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute a Professional Services Agreement
between the City of Yakima and HLA Engineering and Land Surveying, Inc , in the amount of
$459,790 to provide engineering design, bidding, and construction services for the Fair Avenue
Sanitary Sewer Main Improvements project. A copy of the Agreement with Exhibits and a budget
summary are attached hereto and by this reference fully incorporated herein
ADOPTED BY THE CITY COUNCIL this 11th day of December, 2018
ATTEST. "`��� k�athy Coffey, Mayor
.. .
Sonya Clakyee, City Clerk
For City of Yakima Use Only:
Contract No,
Project No.
Resolution No. IN /1147
SOQ No,
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
HLA ENGINEERING AND LAND SURVEYING, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this /2 day of tfe „e— , 2019, by and
between the City of Yakima, Washington, a municipal corporation with it principal office at 129 North
Second Street, Yakima, WA 98901, hereinafter referred to as "CITY," and HLA Engineering and Land
Sunreying, Inc. (HLA), with its principal office at 2803 River Road, Yakima, WA 98902, hereinafter referred
to as "ENGINEER," said corporation and its principal engineers are licensed and registered to do business
in the State of Washington, and will provide engineering design, bidding, and construction services under
this AGREEMENT for Fair Avenue Sanitary Sewer Main Improvements on behalf of the City of Yakima,
Project No(s). , herein referred to as the "PROJECT,"
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and
construction of the PROJECT, as described in this AGREEMENT and subsequent Amendments thereto;
and
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with
knowledge and experience necessary to satisfactorily accomplish the work within the required time and that
it has no conflicts of interest prohibited by law from entering into this AGREEMENT;
NOW, THEREFORE, CITY and ENGINEER agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the AGREEMENT.
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 - Scope of
Services (WORK) which are attached hereto and made a part of this AGREEMENT as if fully set
forth herein. It is anticipated construction of improvements related to this agreement will occur
through two separate projects and associated bid calls.
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."
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21.1 If such Additional Services cause an increase or decrease in the ENGINEERls cost of, or
time required for, performance of any services under this AGREEMENT, a contract price
andifor 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 — 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 vvritten 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
31 CITY -FURNISHED DATA; The CITY will provide to the ENGINEER all technical data in the CITY's
possession relating to the ENGINEER's services on the PROJECT including information on any
pre-existing conditions known to the CITY that constitute hazardous waste contamination on the
PROJECT site as determined by an authorized regulatory agency.
3,2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably
accessible to ENGINEER as required for ENGINEER's performance of its services and will provide
labor and safety equipment as reasonably required by ENGINEER for such access.
3.3 TIMELY REVIEW: The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor,
accountant, auditor, bond and financial advisors, and other consultants as CITY deems
appropriate; and render in writing decisions required of CITY in a timely manner. Such
examinations and decisions, however, shall not relieve the ENGINEER of any contractual
obligations nor of its duty to render professional services meeting the standards of care 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, incorriplete, 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 at law. The ENGINEER shall be entitled to reasonably rely
upon the accuracy and the completeness of such documents, services and reports, but shall be
responsible for exercising customary professional care in using and reviewing such documents,
services, and reports and drawing conclusions therefrom.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4.1 In signing this AGREEMENT, CITY grants ENGINEER specific authorization to proceed with
WORK described in Exhibit A - Scope of Services. The time for completion is defined in Exhibit A
- Scope of Services, or as amended.
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SECTION 5 COMPENSATION
5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services
described in Exhibit A, compensation shall be according to Exhibit C - Schedule of Rates, attached
hereto and incorporated herein by this reference, on a time spent basis 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. Estimated Direct Non -Salary Expenses are
shown in Exhibit B.
5.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the ENGINEER and each of the
Subconsultants in connection with PROJECT WORK; provided, as follows;
That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents
per mile will be paid for the operation, maintenance, and depreciation
costs of company or individually owned vehicles for that portion of time
they are used for PROJECT WORK. ENGINEER, whenever possible, will
use the least expensive form of ground transportation.
• That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person. This rate may be
adjusted on a yearly basis.
• That accommodation shall be at a reasonably priced hotel/motel.
• That air travel shall be by coach class, and shall be used only when
absolutely necessary,
5.1.2 Telephone charges, computer charges, in-house reproduction charges, first class postage,
and FAX charges are not included in the direct expense costs, but are considered included
in the Schedule of Specific Hourly Billing Rates.
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 (1O%) for
services provided to the CITY through this AGREEMENT. Estimated Subconsultant costs
are shown in Exhibit B.
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT
shall not exceed Four Hundred Fifty -Nine Thousand, Seven Hundred Ninety Dollars ($459,790.00).
The ENGINEER will make reasonable efforts to complete the WORK within the budget and will
keep CITY informed of progress toward that end so that the budget or WORK effort can be adjusted
if found necessary. The ENGINEER is not obligated to incur costs beyond the indicated budget,
as may be adjusted, nor is the CITY obligated to pay the ENGINEER beyond these limits. When
any budget has been increased, the ENGiNEER's excess costs expended prior to such increase
will be allowable to the same extent as if such costs had been incurred after the approved increase,
and provided that the CITY was informed in writing at the time such costs were incurred.
5.3 The ENGINEER shall submit to the CITY's Representative an invoice each month for payment for
PROJECT services completed through the accounting cut-off day of the previous month. Such
invoices shall be for PROJECT services and WORK performed and costs incurred prior to the date
of the invoice and not covered by previously submitted invoices. The ENGINEER shall submit with
each invoice a summary of time expended on the PROJECT for the current billing period, copies
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5.1.3
of subconsultant invoices, and any other supporting materials determined by the 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 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
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 and
appointed officials, agents, officers, employees, and volunteers (hereinafter "parties
protected") from (1) claims, demands, liens, lawsuits, administrative and other
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proceedings,(including reasonable costs and attorneysfees) 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 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 empiciyee 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
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
irwestigatiws, 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 schedule and the budget for both the entre PROJECT and its component
tasks shall be as set forth in this AGREEMENT and attachments. The project schedule and
performance dates for the individual tasks shall be mutually agreed to by the CITY and the
ENGINEER within fifteen (15) days after execution of this AGREEMENT. The performance dates
and budgets for tasks may be modified only upon written agreement of the parties hereto. The
performance date for tasks and the completion date for the entire PROJECT shall not be extended,
nor the budget increased because of any unwarranted delays attributable to the ENGINEER, but
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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 subconsuitants 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 were 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
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.
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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 hispection 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 sufficierit, 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 AD 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. AD 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
111
At all times during performance of WORK, 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.
11.1.1 Commercial General Liability Insurance. Before this AGREEMENT is fully executed
by the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof
of commercial liability insurance and commercial umbrella liability insurance with a total
liability limit of the limits required in the policy, subject to minimum limits of Two Million
Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000,00) general aggregate. The certificate
shall clearly state who the provider is, the coverage amount, the policy number, and when
the policy and provisions provided are in effect, Said policy shall be in effect for the
duration of this AGREEMENT, The policy shall name the CITY, its elected and appointed
officials, officers, agents, employees, and volunteers as additional insureds, The insured
shall not cancel or change the insurance without first giving the CITY thirty (30) calendar
days prior written notice. The insurance shall be with an insurance company or
companies rated A -VII or higher in Best's Guide and admitted in the State of Washington.
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 A .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
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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 "Nonaavvned 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."
11.1,23 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 and
appointed officials, officers, agents, employees, and volunteers as additional
insureds. The insured shall not cancel or change the insurance without first
giving the CITY thirty (30) calendar days prior written notice. The insurance
shall be with an insurance company or companies rated A -VII or higher in
Best's Guide and admitted in the State of Washington.
11.1,3 Statutory workers' compensation and employer's liability insurance as required by state
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 tvvo
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 and appointed officials,
officers, principals, employees, representatives, volunteers 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,
122 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any
substitutions thereof, will be subject to prbr 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
GA Contracts & Task OrdersWakirsa‘2019‘Wastewster - Fair Avenue Sewer Main Improvemarits‘20 U3 141 Agreement For Refessional ServicesiDock Page 8 of 29
shall be responsible for the architectural and engineering perfoi
persons and firms performing subcontract WORK.
once, acts, and omissions of all
12.3 CITY hereby authorizes the ENGINEER to subcontract with professional service f
purpose of completing Geotechnical Engineering related to this AGREEMENT.
12.4 The ENGINEER shall submit, along with its monthly invoices,,, a description of all WORK completed
by suboonsuttants 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.
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 Yakima County, State of Washington.
SECTION 16 EQUAL EMPLOYMENT PLOYMENT 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, or 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 ora 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 shall be extended by the number of days
WORK is suspended. If the period of suspension exceeds ninety (90) days, the terms of this
AGREEMENT are subject to renegotiation, and both parties are granted the option to terminate
WORK on the suspended portion of Project in accordance with SECTION 18.
ontraets & Task Cede rslYakima 0 Avenue Se
nts t7 8 i s-21 Ag eeenem For Professional ser, scee oocx Page 9 of 29
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
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 ENiNEER, 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 C►TY from filing claims and/or commencing litigation to secure
compensation for damages incurred beyond that covered by contract retainage or other withheld
payments.
18.4 If the ENGINEER terminates for default on the part of CiTY or if CITY terminates for convenience,
the adjustment pursuant to the AGREEMENT shall include payment for services satisfactorily
performed to the date of termination, in addition to termination settlement costs the ENGINEER
reasonably incurs relating to commitments which had become firm before the termination, unless
CITY determines to assume said commitments.
18.5 Upon receipt of a termination notice under subsections 18.1 or 18:2 above, the ENGINEER shall'
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to CITY all originals of data, drawings, specifications, calculations,
reports, estimates, summaries, and such other information, documents, and materials as the
ENGINEER or its subconsultants may have accumulated or prepared in performing this
AGREEMENT, whether completed or in progress, with the ENGINEER retaining copies of the
same.
18.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK
to completion utilizing other qualified firms or individuals; provided, the ENGINEER shall have no
responsibility to prosecute further WORK thereon.
18.7 if, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined
that the ENGINEER has not so failed, the termination shall be deemed to have been effected for
the convenience of CITY. In such event, the adjustment pursuant to the AGREEMENT shall be
determined as set forth in subparagraph 18.4 of this Section,
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.
GOContract &T k OnderslYekima52019VW
Vater F
Avenue Sewer Mein Irnpreve rrients12018-
21 Agreement For Pro%5aiclne Aero cae Dock Page "i 0 of 29
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:
CITY: City of Yakima
Attn: Dana Kallevig, Utility Project
2220 East Viola Avenue
Yakima, WA 98901
ENGINEER: HLA Engineering and Land Surveying, Nnc. (HLA)
Attn: Michael T. Battle, PE, President
2803 River Road
Yakima, WA 98902
SECTION 21 SURVIVAL
21.1 The foregoing sections of this AGREEMENT
AGREEMENT in accordance with their terms.
hall survive the expiration or termination of this
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.
Signatu
Printed Name: Cliff Moore
Title:
Date:
Signature
Printed Name; Michael T. Battle, PE
Title. President
Attest
l,ntract
erS4'rak ma12O79
ter - Fair A
it imprc.vamenta21 Agreem nt poor P
rs:
Page 11 of 29
STATE OF WASHINGTON
COUNTY OF YAKIMA
I certify that l 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
My commission expires:,_
nitacts cask OrsSer54Yekama 0191WtFast ter - Far Aveatue Se axer 4 if Imp eraenls12018-11'
For Professnanal aero ees D cx
STATE OF WASHINGTON
COUNTY T ' F° ` AI IMA
I certify that I know or have satisfactory evidence that Michael T. Battles PE the
person who appeared before me, and said person acknowledged that he/she signed this instrument, on
oath stated thathe/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: qi7 2 7
Seal or Stamp
G Ctsntracts . Task
ew
My commission expires:
Fakr Avenue Sewer min Imprtava Henkel t i l3 t-2 Rgreernesrt For Prcatessoanal Senr>e<es.Ex Pace 'i of 29
EXHIBIT A
SCOPE OF SERVICES
PROJECT DESCRIPTION NO, 1:
CITY OF YAKIMA
Fair Avenue Sanitary Sewer Main Inictrovernents
(Project FA -5, I-82/Fair Avenue Off -ramp to E. Chestnut Avenue, 2,000 LF)
HLA Project No,
The City of Yakima Wastewater Department desires to increase the pipe diameter of an existing 10 -inch
sewer main within Fair Avenue, from the I-82/Fair Avenue off -ramp to E. Chestnut Avenue, approximately
2,000 linear feet, Work consists of increasing capacity of the existing pipeline with a preference of using
trenchless technologies, Following Mstallation, side sewer connections will be reinstated,
SCOPE OF SERVICES:
The scope of work shall include the furnishing of all services, labor, materials, equipment, supplies, and
incidentals necessary to conduct and complete the work as indicated hereinafter. The work to be performed
involves WSDOT/FHWA permitting, engineering design and final plans, specifications, and cost estimate,
and engineering services during construction.
At the direction of the CITY, HLA shall provide professional engineering and land surveying services for the
Fair Avenue Sanitary Sewer Main Improvements, 1-82 Fair Avenue Off -ramp to E. Chestnut Avenue project
(PROJECT). HLA services shall include the following:
WSDOT/FHWA PERMITTING SERVICES
Portions of this PROJECT falls within the turn -hack limits of Interstate 82 and will require coordination and
permitting with both the Washington State Department of Transportation (WSDOT) and the Federal
Highvvay Administration (FHWA).
1. Coordinate and attend up to four (4) meetings with the local WSDOT Utilities Office.
2. Complete permit documents as required for design and construction of the identified iMprovernentS.
3. Submit plans and specifications to the WSDOT Bridge Office for review and approval,
4. Submit plans and specifications to FHWA for review and approval.
ENGINEERING DESIGN AND FINAL PLANS, SPECIFICATIONS, AND ESTIMATE
1. Provide complete PROJECT management to deliver the PROJECT within mutually determined
expectations.
2. Attend two (2) project meetings with CITY staff at 60% and 90% plan completion to fully review all
elements of the PROJECT.
3. Perform field topographic survey of the proposed PROJECT area as required to complete design,
plans, and specifications for publicly bid improvements.
4. Perform field investigations necessary to design the identified improvements.
5. Perform geotechnical investigations to determine PROJECT impact due to existing soils and
ground water depth.
6. Review video inspection of the sewer main as provided by the CITY and evaluate existing pipeline
condition and suitability for pipe bursting.
G \Contracts & Task OraersWaktme‘2019 \Wastewater - Fair Avenue Sewer Main Improvements 2018-11-21 Agreement For Professoriat Services Docx Page 14 of 29
Coordinate locations of ground water monitoring
over time by HLA.
ell for installation by the City and measure
8. Prepare preliminary design plans and specifications for CITY revie
9. Review and discuss preliminary design plans with CITY staff
10. Incorporate CITY review comments and prepare draft design plans
construction cost estimate (PS&E) for review and approval by CITY.
and comment.
specifications
ents
and
11. Incorporate CITY review comments and prepare final design PS&E for publicly -bid improvements.
12. Following receipt of authorization from CITY, prepare advertisement for bids and provide to the
CITY for use and implementation. All fees associated with bidding will be paid by the CITY.
13. Furnish the CITY electronic copies of the final plans and specifications for bidding and construction.
It is anticipated HLA wilt prepare one (1) complete set of plans and specifications for one bid call;
additional bid packages will be considered additional services.
14. Answer and supply information requested by prospective bidders.
15. Prepare and issue addenda, as necessary.
16. Attend bid opening and participate in prospective bidder evaluation process:
17. Prepare tabulation of all bids received by the CITY and review bidder's qualifications.
18. Make recommendation to the CITY of construction contract award to the lowest responsible bidder:
ENGINEERING SERVICES DURING CONSTRUCTION
1 Prepare and transmit notice of award to the Contractor.
2. Coordinate execution of the Contract with the CITY and Cont
Insurance requirements.
Coordinate and facilitate precons
utilities, and affected agencies.
cto
including
evie
of bond and
uctian meeting with the CITY, Contractor, WSDOT, private
4. Prepare and issue notice to proceed to the Contractor.
5. Furnish the field survey crew necessary to
authorized far construction.
horizontal and vertical control for the improvements
Furnish a qualified resident engineer who shall make construction observations, and be on the job
site at all times significant work is in progress, whose duty shall be to provide surveillance of project
construction for substantial compliance with plans and specifications.
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.
Administer weekly construction meetings.
Consult and advise the CITY during construction and make a final report of the completed work.
10. 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.
sk ordersiYakirnat2o19WVastewater - Farr Avenue Sewer M n Improvements\2
For Proles sr3nal Serveces.Docx Page 15 of 29
11. Review Contractor's submission of samples and shop drawings, where applicable,
12. Review materials testing results for compliance with plans and specifications.
13. Prepare and submit proposed contract change orders when applicable.
14. Perform final walk-through with the CITY and Contractor, and issue final punch list.
15. Prepare and furnish reproducible record drawings of all completed work from as -built drawings
furnished by the project engineer (construction inspector) and Contractor.
ADDITIONAL SERVICES
Provide professional engineering and land surveying services for additional work requested by the CITY
that is not included other phases of work;
ITEMS TO BE FURNISHED AND RESPONSIBILITY OF CITY
The CITY will provide or perform the following:
A, Provide full infori
abort 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. Contact property owners affected by the PROJECT and gain necessaryaccess to property for
field investigation, design, and construction of improvements.
D. 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 todelay the work of HLA.
E. 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,
F. Pay for project bid advertisement cost
C. Pay for a hly SDOT and FHWA costs.
TIME OF PERFORMANCE:
In conjunction with Section 7 of the AGREEMENT, following are anticipated completion times for phases
of work. It is our understanding the PROJECT is preferred to be constructed during winter months when
ground water is at its lowest level and begin following January 1, 2020. The ability for this PROJECT to
maintain schedule will be closely tied to the receipt of all WSDOT and FHVVA permits.
WSDOT/FHWA PERMITTING SERVICES
Permitting services shall begin upon authorization to proceed and is estimated to be completed within 240
calendar days.
ENGINEERING DESIGN AND FINAL PLANS, SPECIFICATIONS, AND ESTIMATE
Preliminary plans shall be provided to the CITY for comment within 60 working days following the executed
Agreement for Professional Services, Upon receipt of review comments from the CITY, a final bid package,
including final plans, specifications, and a construction estimate shall be provided within 90 calendar days
following receipt of all WSDOT/FHWA permits necessary to complete the work.
ent Fe r FiPage 16 of 29
ENGINEERING 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 sanitary sewer
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.
ADDITIONAL SERVICES
Time of completion for work directed by the CITY under additional services shall be negotiated and mutually
agreed to at the time of service request by the CITY.
FEE FOR SERVICES:
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,
WSDOT/FHWA PERMITTiNG SERVICES
All work shall be performed on a time -spent basis at the normal hourly billing rates in affect at time of
service. 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 C of the AGREEMENT (City Contract No. 2019- ,
Resolution No. R-2019- ), 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 B below. The estimated
maximum amount of this phase of work is $27,130.
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
service. 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 C of the AGREEMENT (City Contract No. 019 -
Resolution No. R-2019_ ), 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 B below. The estimated
maximum amount of this phase of work is $92,450.
ENGINEERING SERVICES DURING CONSTRUCTION
All work shall be performed on a time -spent basis at, the normal hourly billing rates in affect at time of
service. 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 C of the AGREEMENT (City Contract No. 2019- ,
Resolution No. R-2019- ), plus reimbursement for direct non -salary expenses as described in section
51.1. An estimate of time and expenses for services is provided in EXHIBIT B below. The estimated
maximum amount of this phase of work is $84,630,
ADDITIONAL SERVICES
Any additional work requested by the CITY that is not included in other phases of work shall be authorized
by the CITY and agreed to by the ENGINEER in writing prior to proceeding with the services. The
ENGINEER shall perform the additional services as directed/authorized by the CITY on a gime-spent basis
at the hourly billing rates provided in EXHIBIT C plus reimbursement for direct non -salary expenses as
described in section 5.1.1 of the AGREEMENT.
EXHIBIT
PROJECT NO, 1
Project Title: Fair Avenue unitary Sewer Main Improvements - FA -5 1-82/Fair Avenue off -ramp to E. Chestnut Avenue, 2,000 LF
Dent: City of Yakima
Task Order No. 2019-01
Date: November 13, 2018
Task
No,
Probe
Task
Senior
Principal
Engineer
$208
Licensed
Principal
187
Project
engineer
140
ENGINEERS HOURLY ESTIMATE
Lic. Prof.
Land
Surveyor
Two Man
Survey
Crew
220
CAD
Technician
$123
Word
Processing
Technician
$81
Total
Hours,
Task Direct
Costs
DOT/FHWA PERMITTING
Coordinate and attend up to 4 meetings wilh local
WSDOT Utilities Office
Complete penult decal
Sub
Subi
SDOT Bridge Moe
PS&E to FHWA
Inhouse project review, +natty coritro
Review w/and Incorporate Agency c
tents
16
2
36
24
ENGINEERIN DESIGN AND FINAL PLANS, SPECIFICATIONS, AND ESTIMATE
0
0
0
0
16
12
16
34
55
26
2 40
2
22
16 188
2
$7,772'
722
,686';
$3,056'
27,136
2
3
Project
Topographic Land Sur
Y
2
0
24
22
43
;2
$2,326
Field Investigations
5
Coordinate Geotechnical investigations
Review and evaluate video inspect on by CIT/n'
Coordinate ground water monitoring locaflans with
CITY and recod elevations over time (1 well)
2
4
4
2
8
2
2
2
28
17
$t786
53,704
51,736
51,68
Review public and Oval
16
51.966
10
11
in-house project reveua, quality control
48
64
24
144
1,264
6,026
$1,104
12
Review wand Incorporate Agency comments
22
2
14
Final design, planso
Prepare estimate
specifications
1 on cost
32
48
6
104
40,,
52;066
Furnish electronic PS&E to the CI"
for bidding,
$688
17
18
Ans r bidd
Prepare and issue
ddenda
Attend bid opening and evaluate responsiveness
0
0
2
2
0
0
0
0
4
0
0
14
$840
494',
$560'
19
20
Review bids/Prepare tabulation of bids
ntract award
btfr Subt
9
170
26
4
2
26
553
5442'
$83.32
EXPENSES:
Travel:
Mileage
/Unit
$0.54
and
Days
Days
Miles
50
527 00
MealLodging
c Expenses:
Page 18 of 29
EXHIBIT B
'PROJECT NO. 1
Project Title: Fair Avenue Sanitary Sewer fulaMn Il tprevements - FA -5 I-52/Fad Avenue of
a
p to E. Chestnut Avenue, 2,000 L.F
Client: City of Yakima
Task Order No. 2019-01
Date November 1
Advertisement
Telephone
Postage
0
Printing 12 copies pianslspecs
Sub onsultants:
Geotechnical Engineering
$8,000,00
Subtotal - Labor
Subtol
- Expenses
ENGINEER' S FIOURL,Y ESTIMATE
Total-WSDOTFHWA PERINI NG and ENGINEERING DESIGN PS E
Page 19 of 29
30000
800.00
$11 0,464.00
1,127.00
EXHIBIT IT B
PROJECT NO. 1
Project Title: Fair Avenue Sanitary Sewer Mann Replacement, FA -5 182 t7ff Ramp to E, Chestnut Avenue, 2,000 LF
Client° CltyofYakima
Task Order Nu. 2015-01
Date:,
Novembe
2018
10
14
RVICES DURING CONSTRUCTION
Prepare an
rdinate Contract execution incl.
Coordinate and fac
Prepare and issue No
Constr.
mng
to Pre -Construction Meeting
to Proceed
Constructeerr Observation
Prepare and pr
5215
0
Licensed
Principal
Engineer
2
4
6
ENGINEER'S H0URLV
Two Man
Survey
Crew
5226
Pesident
Engineer/
Inspector
0
vontrac
Admanistrato
TE
$132
EnOpnearurag
Technic an
584
Total
Hours
urs
lde raoonfhry progress pay estirtratea
SE
a.mr Standards Compliance
Labor Subtotal
2
16
4
32
16
4
4
0
24
4
0
434
0
15
8
7
16
14
6
3
444
32
29
27
32
16
17
20
23
15
752
Task Direct
Costs
8483
565
51,610
5587
55,907
553,118
;824
52„641
52 065
62
51.99E
5`1,708
51,603
84,417
EXPENSES:
Travel:
ge
Lodging
c. Exp
(None)
Telephone
Postage
on'>ultants.
None Antic pated
5o. Doi
Sub
SLIM otal - Expenses
Total -SERVICES G1UR NO CONSTRftCTON
Page, 20 of 2S
50
58441700
521600
584,633 00
PROJECT DESCRIPTION NO, 2:
CITY OF YAKIMA
Fair Avenue Sanitary Sewer Main Improvements
(Project FA -5, 1 -Fair Avenue -ramp to E. Chestnut A
HLA Project No.
The City of Yakima Wastewater Department desires to install a new 15.inch diameter sanitary sewer main
in Fair Avenue, from E. Spruce Street to E. Beech Street, approximately 1,600 ilnear feet. New construction
will require open trench construction, installation of new sewer main, reinstatement of side sewers and
abandonment of an existing 3 -inch diameter gravity mein.
SCOPE OF SERVICES:
The scope of work shall include the furnishing of all services, labor, materials, equipment, supplies, and
incidentals necessary to conduct and complete the work as indicated hereinafter. The work to be performed
involves environmental review, engineering design and final plans, specifications, and estimate, and
engineering services during construction.
At the direction of the CITY, HLA shall provide professional engineering and land surveying services for the
Fair Avenue Sanitary Sewer Main Improvements, E. Spruce Street to E. Beech Street project (PROJECT);
HLA services shall include the following:
ENVIRONMENTALREVIEW
Assist CITY with State Environmental Review Process (SERP) requirements, including preparation
of a SEPA checklist for transmittal to lead agency for review and action. It is anticipated that the
following environmental permits and processes will not be required for this PROJECT. JARPA'
application, Hydraulic Project Approval (HPA), Corp of Engineers permit, or Environmental Impact
Statement (EIS). - Should it be determined during the environmental review process that any of
these itemsmust be prepared, they will he completed as additional services.
If required, assist the CiTY with Cultural Resources Review (Executive Order 05-05/Section 1 06)
including preparation of an Archaeological Resource Survey for review by controlling authority.
Assist CITY with Notice of Intent (NOI) preparation and application for Construction Stormwater
General Permit coverage.
ENGINEERING DESIGN AND FINAL PLANS, SPECIFICATIONS, AND ESTIMATE
Provide complete PROJECT management to deliver the PROJECT within mutually determined
expectations.
Attend two (2) project meetings
elements of the PROJECT.
th CITY staff at 60% and 90 plan completion to fully revle
Perform field topographic survey of the proposed PRO JECT "area as required to
plans, and specifications for publicly bid improvements.
Perform field investigations necessary to design the identified i
provements.
0
ari
plete design,
Perform geotechnical investigations and four groundwater monitoring well installations to determine
project impact due to existing soils and ground water depth:
o trct Taste 0rdea
Yekitht2O19lVtde tewua4er-FeirMen
n Improve en45V20 9 - 1 Agreemeet Ft i Prot ssiona ervi .
Dx
Page 2`i of 29
Perform bi-weekly measurements of groundwater depths a
existing at the BeechStreet/Fair Avenue Intersection.
our new monitoring wells and one
7. Review video inspection of the existing sewer main as provided by the CITY and evaluate existing
side sewer locations that may need connected to the new sewer main.
Coordinate locations of ground water monitoring wells for installation by the
over time by HLA.
9. Review all known public and private utilities within the area of the PROJECT.
10. Review right of way and easements necessary to complete the PROJECT.
1 . Prepare preliminary design plans and specifications for CITY review and comment.
12. Review and discuss preliminary design plans with CITY staff.
i3. Incorporate CITY review comments and prepare draft design plans, specifications, and
construction cost estimate (P for review and approval by CITY.
14. Incorporate CITY review comments and prepare final design PCE for publicly -bid improvements.
15. Following receipt of authorization from CITY, prepare advertisement for bids and provide to the
CITY for use and implementation, All fees associated with bidding will be paid by the CITY.
16. Furnish the CITY electronic copies of the final plans and specifications for bidding and construction.
It is anticipated HLA will prepare one (1) complete set of plans and specifications for one bid call;
additional bid packages will be considered additional services.
17. Answer and supply information requested by prospective bidders.
18. Prepare and issue addenda, as necessary,
19
Attend bid opening and participate in prospective bidder evaluation process.
20. Prepare tabulation of all bids received by the CITY and review bidder's qualifications.
2
. Make recommendation to the CITY of construction contract award to the lowest responsible bidder.
ENGINEERING SERVICES DURING CONSTRUCTION
1. Prepare and transmit notice of award to the Contractor.
Coordinate execution of the Contract with the CITY and Con
Insurance requirements,
ctor, including review of bond and
Coordinate and facilitate preconstruction meeting with the CITY, Contractor, private utilities, and
affected agencies.
4. Prepare and issue notice to proceed to the Contractor.
Furnish the field survey crew necessary to set horizontal and vertical control for the Improvements
authorized for construction.
Furnish a qualified resident engineer who shall makeconstruction 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.
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.
G:\Conir cts & Task oreerskSak mal2019kWestewwxater- Farr Avenue Sewer RMapn I provementst2i71& 1 i®21 Aet For Profesaiana9 Servdcas.tlt cx
Page22af
8. Administer weekly construction meetings.
B. Consult and advise the CITY during construction and make a final report of the completed work.
10. The CITY is rewired 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.
1. Review Contractor's submission of samples and shop drawings, where applicable.
12. Review materials testing results for compliance with plans and specifications.
13. Prepare and submit proposed contract change orders when applicable.
14. Perform find walk-through with the CITY and Contractor, and issue final punch list.
15. Prepare and furnish reproducible record drawings of all completed work from as -built drawings
furnished by the project engineer (construction inspector) and Contractor.
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
iROJET, including previous reports, drawings, plats, surveys, utility records, and any other
data relative to design and construction of the PROJECT.
C. Make contact with property owners affected by the PROJECT and gain necessa
property for field investigation, design, and construction of improvements.
D. Examine ail 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.
E. Obtain approval of all governments! 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.
Pay for project bid advertisement costs.
ADDITIONAL SERVICES
Provide professional engineering and land su
that is not included other phases of work.
TIME OF PERFORMANCE:
or additional work requested by the CITY
In conjunction with Section 7 of the AGREEMENT, following are anticipated completion times for phases
of work. It is our understanding the PROJECT is preferred to be constructed during winter months when
ground water is at its lowest level and begin following January 1, 2020.
ENVIRONMENTAL REVIEW
Environmental review processes grill be completed within 120 calender days folio ng authorization to
proceed.
G:1Goelm°. s 8 Task Orders\Yak malt }i91 e
Fair Avenue Sewer �Aan Irnp
21 Aemeet For Pr nal Seruices.Dock Page 23 at 2
ENGINEERING DESIGN AND FINAL PLANS, SPECIFICATIONS, AND ESTIMATE
Preliminary plans shall be provided to the CITY for comment within 90 working days following the executed
Agreement for Professional Services, Upon receipt of review comments from the CITY, a final bid package
including final plans, specifications, and a construction estimate shall be provided necessary to advertise
for bids before December 1, 2019.
ENGINEERING 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 labordocumentation closeout, as requested and directed
by the CITY. A maximum of 50 working days has been assumed for the construction of sanitary sewer
improvements. Should the Contractor be granted time extensions for construction completion due to
recognized delays, requested additional work, andlor change orders, engineering services beyond the 50
working days shall be considered additional services:
ADDITIONAL SERVICES
Time of completion for work directed by the CITY under additional services shall be negotiated and mutually
agreed to at the time of service request by the CITY.
FEE FOR SERVICES:
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 revised only by written agreement of both parties.
ENViONMENTAL PERMITTING
Ali work shall be performed on a time -spent basis at the normal hourly billing rates in affect at time of
service. 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 C of the AGREEMENT, plus reimbursement for direct nor(-
salary expenses as described in section 5,1.1, An estimate of time and expenses for services is provided
in EXHIBIT B. The estimated maximum amount of this phase of work is $19,900.
ENGINEERING DESIGN AND FINAL PLANS, SPECIFICATIONS, AND ESTiiMATE
All work shall be performed on a time -spent basis at the normal hourly billing rates in affect at time of
service. 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 C of the AGREEMENT (City Contract No. 2019 -
Resolution No. R -2019-)p 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 B below. The estimated
maximum amount of this phase of work is $133,330.
ENGINEERING SERVICES DURING CONSTRUCTION
All work shall be performed on a time -spent basis at the normal hourly billing rates in affect at time of
service. 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 C of the AGREEMENT (City Contract No, 2019- ,.
Resolution No. R-2019-), 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 B below: The estimated
maximum amount of this phase of work is $102,350,
ADDITIONAL SERVICES
Any additional work requested by the CITY that is not included' in other phases of work shall be authorized
by the CITY and agreed to by the ENGINEER in writing prior to proceeding with the services. The
ENGINEER shall perform the additional services as directed/authorized by the CITY on a time -spent basis
at the hourly billing rates provided in EXHIBIT C plus reimbursement for direct non -salary expenses as
described in section 5.1.1 of the AGREEMENT.
.1 gnUacts & Task Orders\Ysksm 2111914 asteviater - Fair Avenue Sewer Mai lrnpro e is 01 & 11-21 Agree merit Far F €afessrorw San c e5.01ocx Page 24 of 29
EXHIBIT 8
PROJECT NO. 2
Project Title: Fair Avenue Sanitary Sewer Main Improvements - FA -6 E. Spruce Street to E, Beech Street, 1 600 LF
Client: City of Yakima
Task Order No, 2019-02
Date:
November 19 201
ENGINEER'S HOURLY ESTIMATE
ENGINEERING DESIGN AND FINAL PLANS, SPECIFICATIONS, AND ESTIMATE
Project tvlanagement 12 4 4 2 0 0 2 24 $3,218
Project Meetings (2) 4 6 6 0 0 4 2 22 52,326
Topographic Land Survey 1 2 2 8 32 16 0 61 $9,496
Field investigations 1 4 6 0 0 4 0 15 51,540
Coordinate Geotechnical investigations
Review and evaluate video inspection by CITY
Coordinate ground water monitoring locations with
CITY and record elevations over time (4 wells)
0
2
55,088
Review public and private utilities
0
16
51,966
Review existing easements and right-ofway
Prepare utility easement exhibits and legal
descriptions
Prepare Prelirniriary design
ruhouse project review, quality control
Review wand Incorporate Agency comments
14 Final design, plans, and specifications
Prepare estimate of construction cost
0
20
2
$1,426
4
2
200
2
2
2
11
22,202
51,104
22
52582
Furnish electronic PS&E to the CITY for bidding
17 Answer bidders questions
18 Prepare and issue addenda
19 Attend bid opening and evaluate responsiveness
20 Review bids/PrepartY tabulation of bids
21 Make recommendation of contract award
Labor Subtotal
4
0
0
0
0
0
0
64
2
134
514A68
0
0
6 0
19 52,066
0
0
0
0
0 0
4 2
14 51.494
0
0 0
0 0 2
0
0
2
35 108 212 35 52 230 28
6 5442
6 $650
700 $104,679
EXPENSES:
Travel:
Cost/Unit
Ground
Days
Days
Miles
Mileage
50 54
100
554.00
Maas/Lodging
5000
isc Expenses:
Advertisement
Page 25 of 29
EXHIBIT B
PROJECT NO, 2
Pra`ect Title: Fair Avenue Sanitary Sewer Main Improvements - FA -6 E. Spruce Street to E. Beech Street, 1,600 LF
Client:
City of Yalcirna
Task Order No. 2019-02
Date:
Task
No,
November 19 2018
Project Task
Senior
Principal
En Meer
$208
Licensed
Principal
Err ineer
5187
Project
Engineer
5140
ENGINEER'S HOURLY ESTIMATE
Lic. Prof.
Land
Surveyor
Two Man
Survey
Crew
5220
CAD
Technician
Word
Processing
Technician
581
Total
Hours
Task Direct
Costs
ENVIRONMENTAL REVIEW
Assist CITY with SEPA, incl. preparation
Assist CITY with Cultural Resources Spivey
Assist CITY with Notice of Intent for Construction
Stormwater General Permit coverage, including
SWPPP
Labor Subtotal
0
5.
4
10
46
ENGINEERING DESIGN AND FINAL PLANS, SPECIFICATIONS, AND ESTIMATE
0
0
0
0
0
12
78
53,416
56,044
1 Project Management
12
4
4
2
0
0 2
24 53,218
2 Project Meetings (2)
4
6
6
0
0
4 2
22 52,326
3 Topographic Land Survey
1
2
2
8
32
16 0
61 ' 59,496
4 Field Investigations
1
4
6
0
0
4 0
15 51 540
5 Coordinate Geotechnical investigations
2
4
8
2
8
2 2
28 $3,704
6 Review and evaluate video inspection by CITY
1
4
8
0
0
2 2
17 51,736
Coordinate ground water monitoring locations with
' 7 ' CITY and record elevations over time (4 wells)
0
4
24
2
6
2 2
40 55,088
8
Review public and private utilities
0
4
8
0
4
2 0
8 0
16 51,966
20 $1,264
Review existing easements and right-of-way
0
10
Prepare utility easement exhibits and legal
descriptions
2
12
2
25 $1,426
11
Prepare Pr(ilin5inary design
4
32
64
96 2
200
'12
' 13
Inhouse project review, quality control
2
2
2•
2
8
0
0
0
2 2
8 2
11 $1,104
22 $2,602
Review Wand Incorporate Agency comments
1 '14
Ftnal design„ plans, and specifications
24
40
0
0
64 2
134 $14,466
Prepare estimate of construction cost
4
8
0
6
19 $2,066
, -16
, Famish electronic. PS&E to the ciry, for bidding
0
0
2
o
2 2
6 6688
17
18
,Answer bidders questions
0
0
2
2
6
6
0
0
0
0
0 0
4 2
8 $840
14 55,494
Prepare and issue addenda
19 Attend bid opening and evaluate responsiveness
0
2
4
0
0
0 0
6 5560
20 Review biderPrepare tabulation of bids
0
2
2
0
0
0 2
6 5442
21 Make recommendation tof contract award
1
1
2
0
0
0 2
6 5650
Labor Subtotal.'
35
108
212
35
52
230 28
700 5104,579
EXPENSES:
Travel:
Mileage
Mealstodelng
Mac, Expenses'
Advertisement
50.54
100
554.00
5000
Page 26 of 29
EDITB
PROJECT NO.
Project Title: ;Fair Avenue Sanilaty S
erain Repiacei
nI, FA -6, E. Spruce Stre
o E. Beech Street
0
F
Client:
City
Yakima
Task Order No. 2019-02
Date:
November 13, 20
ENGINEERS HOURLY ESTIMATE
Task
No,
Pleot Task
SERVICES DURING CONSTRUCTION
Senior
Principal
Engineer
i aoensed
Por oipai
Engineer
Project
Engineer
$145
$160
Two Man
u
Crew
$226
Resident
Engineer,
inspector
epector
Contract
Administrator
Engineering
Technician
$84
Total
Hours
Task Direct
Costs
1
Pre d transmit Notice oif Award
0
1
2
0
0
0
2
0
5
5483
Caardrnate Contract executicnincl bond/insurance
0
1
2
C7
0
0
k
4
11
081
3
Coordinate and fee late Pr e•Cons4ruetoon Meeting
0
4
0
0
4
2
2
14
57,510
4
Prepare and issue Notice to Proceed
0
7
2
ti
i
0
2
1
6
5567
5,
Construction Staking
0
t
4
16"
32
d7
0
0
:3
58.005
6
Con structwean Observation
24
40
0
480
8
4
564
56x.888
Prepare' and provide rnonthly progress pay est at
0
2
0
0
8
16 8
35
02,107,
Administer+ ?eekly oorrstrtic taran etinge
2
8
9
0
0
6
d 2
32
53.824
9
Make report ct completed work
0
1
8
4
0
8
8 4
29
02.641
10
state Labor Standards Cornptiance
0
1
2
0
0
2
6 16'
25
52,065
11 Submittal Review
0
2
16
0
0
d
e 6
34
53.685
1 Review mat arael lasting results
0
2:
8
0
0
g
8 2
t 8
51.052
13 Cha ge Criers
1
2
4
0
0
4
4 2
17
51 61,
0
14 Conduct final walk-tbru and prepare punch Rist
2
8
8
0
0
4
4 2
20
51.995
1 Protect C9cseout Documents
1
2
4
0
0
2
€b 5
23
6 t 08
16 Record Drawings
1a""
51,603
Labor Subtotal
14
53
1 t 0
8
32
534
80 61
it30
5102,061
EXPENSES
Travel:
4g.
Meals/Lodging
Expenses: (None)
Advertisement
Telephone
Postage
Sub Co14
Cost/Unit
10,540
Ground
Days
Days
50
Subtota
Labor
Subtotal - E
tu.
Total ERVICE5 DURING CONSTRUCTION
2, 081 00
82+000
5102 351 00'•
Page 27of29
EXHIBIT "C"
SCHEDULE OF RATES
HLA Engineering and Land Surveying, Inc.
ctive January 1 2019, through December
Senior Principal Engineer
Licensed Principal Land Surveyor
Licensed Principal Engineer
Licensed Professional Engineer
Other Licensed Professional
Licensed Professional Land Surveyor
Project Engineer
Senior Planner
Contract Administrator
CAD Technician
Resident Engineer/Inspector
$208.110 per hour
$201,00 per hour
$187,00 per hour
$17O,O0 per hour
$170.09 per hour
$155.00 per hour
$140,00 per hour
$128.00 per hour
$128.00 per hour
123.90 per hour
.00 per hour
Senior Engineerihl
Surveyor
Surveyor on Two
Sun
Technician
Ian Crew
eyor on Three lviart
Engineering Technician
ret
Word ProcessingTechnician
Vehi
e
eage
$118.00 per hour
$118.00 per hour
$1 19.00 per hour
$98.00 per hour
$81.09 per hour
$81.00 per hour
Federal Rate
stewater FeirAvenue Sewer dein I x prcvemenls52Q18-1 1-21 Agreement For Pr
Se rve cee aacx Page 2B of 29
EXHIBIT .tiCH
SCHEDULE OF RATES
FOR
HLA Engineering and Land Surveying Inc,
Effective January 1,2020, through December
Senior Principal. Engineer
Licensed Principal Land Surveyor
Licensed Principal Engineer
Li
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.H.
For Meeting of: December 11, 2018
ITEM TITLE: Resolution authorizing a Professional Services Agreement with.
HLA Engineering and Land Surveying, Inc. to provide engineering
design, bidding, and construction services for the Fair Avenue
Sanitary Sewer Main Improvements project
SUBMITTED BY: Scott Schafer, Director of Public Works
Mike Price, Wastewater/Stormwater Division Manager, 249-6815
SUMMARY EXPLANATION:
The Fair Avenue Sanitary Sewer Main Improvements project provides the required sewer system
improvements to accommodate increased wastewater flow from a fully developed Mill Site.
Schedule 1 of the project increases the pipe diameter of approximately 2,000 linear feet of an
existing 10 -inch sewer main within Fair Avenue from the I nterstate-82/Fair Avenue interchange to
East Chestnut Avenue to a 15 -inch sewer main with the preference for utilizing trenchless
technologies. Schedule 2 provides for the installation of approximately 1,600 linear feet of new
15 -inch diameter sewer main from East Spruce Street to East Beech Street.
The project requires professional engineering services for design, bidding, and construction
services. The City reviewed Statements of Qualifications and held interviews with firms from the
Municipal Research and Services Center (MRSC) of Washington roster, a statewide small works
and consultant roster system. The City selected HLA Engineering and Land Surveying, Inc.
based upon the firm's experience, technical knowledge, and expertise in providing the required
services. The total cost of the agreement is $459,790.
The terms of the Agreement would be in an amount not to exceed $459,790. (See attached
Agreement with Exhibits A, B and C). Exhibit A of the Agreement describes the Project Scope
of Services in more detail. Exhibit B of the Agreement describes the Schedule of Rates in more
detail. Exhibit. C provides HLA rates for 2019 and 2020. Funds are budgeted from Sewer
Construction Fund 476.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Economic Development
Contract Supplemental Agreement
nt
Supplemental Agreement
Number: 1
Organization and Address:
HLA Engineenng and Land Surveying, Inc.
2803 River Road
Yakima, WA 98902
Original Contract N umber:2018-225
Execution Date of Supplement:
City Project Number: 2487
Completion Date of Supplement:
December 21, 2020 (FA -6)
Project Title:
Fair Avenue Sanitary Sewer Main Improvements
FA -6, E. Spruce Street to E. Beech Street
Maximum Amount Payable this Supplement:
$40,560
Maximum Total Amount Payable for the
Agreement:
Maximum Total Amount Payable for
FA -6, Engineering Services During
Construction
$500,350 ($459,790 + $40,560)
$142,910 ($102,350 + $40,560)
Section 1: Supplemental Agreement
The City of Yakima, Washington desires to supplement the Agreement for Professional Services entered
into with HLA Engineering and Land Surveying, Inc., and executed on December 12, 2019 by Resolution
No. 2018-141 and identified as Contract 2018-22All provisions in the basic contract remain in effect
except as expressly modified by this supplement. The changes to the agreement are described as
Section 2: Scope of Services
2.1 Basic Services The change in basic services to be performed as part of this Supplemental Agreement
include: 19 additional days of Services during Construction for FA -6, E. Spruce Street to E. Beech Street,
due to 1 9 -day contract time -extension granted lo the Contractor. Contract time extension requested by the
Contractor and approved by the City is related to 1) ten (10) working days for the COVID-19 pondenniu,
reduction in available work force and associated loss in production and 2) nine (9) working days for additional
work due to unforeseen site conditions.
Section 5: Compensation
Payment for this supplemented vvork, as shown on Exhibit B is not to exceed $40.560. bringing the total
amount of the Agreement to $500,350. As a portion of the overall Agreement, this supplemented work brings
the total amount of FA -6, Engineering Services During Construction from $102,350 to $142,910.
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.
By:
77
**��
Consulta Sipa,.
Tett City
Date
� /�d�~�
61
be
Aok
o\Conmmts & Task Orders newmaoo1o\Wastewate, Fair AvenuSewer Main Improvements \2o o -04-z FA -6 CN Supplement No, idoox
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�
u
RESOLUTION NO:-
EXHIBIT A
Scope of Services
Fair Avenue Sanitary Sewer Main Improvements
FA -6, E. Spruce Street to E. Beech Street
The time of performance shall be modified as follows:
TIME OF PERFORMANCE:
ENGINEERING 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 69 sixty-nine working days (50 original
Contract working days + 19 supplemental Contract working days) has been assumed for the
construction of sanitary sewer 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 69 sixty-nine working days (50 original Contract
working days + 19 supplemental Contract working days) shall be considered additional
services.
G:\Contracts & Task OrdersVakima \2019\Wastewater - Fair Avenue Sewer Main Improvements\2020-04-29 - FA -6 CN Supplement No 1 docx
EXHIBIT B
Professional Services
Supplemental Agreement
Fair Avenue Sanitary Sewer Improvements
FA -6, E. Spruce Street to E. Beech Street
EXHIBIT B
PROJECT NO. 2
Project Title: Fair Avenue Sanitary Sewer Main Replacement. FA-6tE Spruce Street o E Beech Street. 1.600 LF
Client:
Citti of Yakima
Supplement No. 1: For 19 working days added to Contractor's work
Date: April 28. 2020
Task
No,
ENGINEER'S HOURLY ESTIMATE
Project Task
Senior
Principal
Engineer
215
Licensed Project Lie. Prof. Two Mon 1 Resident Contract Engineering
Principal Engineer Land Survey Engineer/ Administrator i Technician Total Task Direct
Engineer Surveyor Crew Inspector Flours Cords
$193 $145 $160 $226 $119 *132 $84
2
3
4
5
6
8
10
12
13
14
15
16
SERVICES DURING CONSTRUCTION
I Prepare Vid transmit Notice of Award
0
0
0
0
0
0
$0
Coordinate Contract execution incl. bondlInsurance
0
Coordinate and facilitate Pre•Coostruction Meeting 0
Prepare and issue Notice to Proceed
Construction Staking
Construction Observation
SO
SO
SO
SO
Prepare 5nd provide monthly progress pay estimates.
Administer weekly construction meetings
Make report of completed work
State Labor Standards Compliance
Submittal Review
Review material toting remits.
Chg orders
$33,100
$744
$2,162
$883
11,057
Conduct final walkathru and prepare punch lis,t
Project Closeout Documents,
Record Drawings
0
Labor Subtotal0
EXPENSES:
Travel:
Melly/Lodging
Misc. Expenses: (None)
Advertisement
Telephone
Postage
31
0 0
0
226
0
0 0
SO
$2304
SO
$0
10
32
16 348
140,456
S104.08
Sub -Consultants:
None Anticipated
$0.00 $0.00
Subtotal • Labor
Multiplier
1.1
1.1
*0.00
$40,456.00
Subtotol • Expenvo
Total • SERVICES DURING CONSTRUCTION
S104.06
$40,560.08
&Contracts & Task Orders Wakima1.20191VVastewater - Fair Avenue Sewer Main Improvements12020-04-29 - FA -6 CN Supplement No. 1docx
Contract S
f cfS| tz| Agreement
SupplementalAgreement
228O3R�erRnad.Yo�ma.VVA888U2'
i�n and Address:
Organization�
HLA Engineering and Land SurveyingInc.Number:
Original Contract Number: 2018'225
Execution Date of Supplement:
City Project Number: 2487
Completion Date of Supplement:
July 21, 2021 (FA -5)
Project Title:
Fair Avenue Sanitary Sewer Main Improvements
FA -5, Off -Ramp to E. Chestnut Avenue
Maximum Amount Payable this Supplement:
$42,100
Maximum Total Amount Fayable for the
Agreement: $542,450 ($500,350 + $42,100)
Previous Maximum Amount Payable
$500,350 (OContract Amount
$45S'790+Supplement No. 1$40560
Total Amount Payable for FA -5
Engineering Services During
Construction
$126,730(M4O3O+$42,100)
` '
Section 1: Supplemental Agreement
The City of Yakima, Washington desires to supplement the Agreement for Professional Services first
entered into with HLA Engineering and Land Surveying, Inc., and executed on December 12, 2019 by
Resolution No. 2018'141 and identified as Contract 2018-225; including Supplement No. 1 executed
May 28, 2020. All provisions in the basic contract remain in effect except as expressly modified by this
supplement. The changes to the agreement are described as foliows:
Section 2: Scope of Services
2.1 Basic Services The change in basic services to be performed as part of this Supplemental Agreement:
Ground surface monitoring required by the Washington State Department of Transportak/n's Settlement
Monitoring, Remediation and Contingency Plan at 25 -feet on center for sewer depths less than 10 -feet and 50 -
feet on center for sewer depths greater than 10'feet. including establishing fixed monitoring points; obtaining
existing ground surface elevations 10 -days prior to work; one-time per day during pipe construction; one-time per
week for the first month following construction; and one-time per month for the 9 -months thereafter. All data is to
be forwarded to WSDOT within 24 hours of collection for evaluation. Work includes pre- and post -construction
roadway condition assessment.
Section 5: Compensation
Payment for this supplemented work, as shown on Exhibit B is not to exceed $42,100, bringing the total
amount of the Agreement to $542,450. As a portion of the overall Agreement, this supplemented work brings
the total amount of FA -5, Engineering Services During Construction from $84,630 to $126,730.
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.
By:
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CITY CONTRACT
RESOLUTION NO:
EXHIBIT A
Scope of Services
Fair Avenue Sanitary Sewer Main Improvements
FA -5, Off -Ramp to E. Chestnut Avenue
Supplemental Agreement No. 2
The time of performance shall be modified as folio s:
TIME OF PERFORMANCE:
ENGINEERING SERVICES DURING CONSTRUCTION
Engineering and land surveying services necessary to comply with the Washington State
Department of Transportation's Settlement Monitoring, Remediation and Contingency Plan shall
begin a minimum of 10 -days prior to the first day of construction and continue 10 -months following
the completion of construction. It is anticipated physical construction will begin approximately
June 22, 2020, be substantially complete by August 10, 2020, with monitoring extending through
June 2021.
G:\Contracts & Task OrdersWakima\2019\Wastewater -Fair Avenue Sewer Main Improvements\2020-06-03 - FA -5 CN Supplement No. 2.docx
EXHIBIT B
Professional Services
Supplemental Agreement No. 2
Fair Avenue Sanitary Sewer Improvements
FA -5, Off -Ramp to E. Chestnut Avenue
EXHIBIT B
PROJECT Na 1
Title: Fair Avenue Sanitary Sewer Ma in Replacement, FA- 5,I-62OffRamp to E. Chestnut Avenue,2;000LF
Client:
City of Yakima
Supplement No. 2: Ground settle ment muni
Date:
Task
No.
June 1,2020
Project Task
per tvSOOT re>uirements. Total10-monthsof monitoring,
Principal
Engineer
Licensed
Principal
Engineer
0193
Project
Engineer
0145
Lic, Prof,
ENGINEER'S HO
Three Mari Resident
Survey Engineers
Crew
0119
Y ESTIMATE
Contract Engineering
Administrator Technician
0138 t ,314.
Total
Hours
Task Direct
Costs
SERVICES DURING CONSTRUCTION
Establish surface monitoring locations (MLs)
• 25' O.C. < 10 ft depth: 50'O.C. s 10 ft d
Pt tion 0h u
Dail
SDOT Settlement
vn anddtacumestarion
n
cr
Prepare and transmit dailydata co#lasted to 1ISDOT
Post CN- 1>clwk surveying of MI fo
Post CN -1N
Post
h surveying of MLs iC+:F near 9 months
Pal CN Prepwe
P
C
ubfota4
Travel:
an? tra
nd
d
a
mid docamentation
Adverbs
Postage
Sub -Cons
A
in
0
14
10
0
Trips
40
0
4
430
0
0
19
20
45
10
174
01,442
$2.940
4
512,348
01,026
01,442
00
00
$4L040
Subtotal - Labor
Subtotal
Total
ERVICES DURING CONS TR TION - Settlema
G:\Contracts & Task Orders \Yakima\2019\Wastewater - Fair Avenue Sewer Main Improvemen'
Monitoring
020-06-03 - FA -5 CN Supplement No. 2.docx
0.0
54 ,048.00
0254.
542,100:
CITY OF YAKIMA
FAIR AVENUE SANITARY SEWER MAIN REPLACEMENT (FA -5)
SETTLEMENT MONITORING, REMEDIATION AND CONTINGENCY PLAN
Monitoring Plan
The City of Yakima will establish monitoring locations on the ground surface along the
centerline of the existing sewer main being pipe burst. Pavement surface survey locations
shall be established 25 -feet on center where the sewer is Jess than ten feet deep, and 50 -
feet on center when the sewer is greater than ten feet deep (approximately 60 points).
Each location will be identified with a survey nail driven into the pavement. HLA will also
establish temporary benchmarks (TBM's) on solid fixed objects along the sewer alignment.
Each TBM will be located far enough from the work to ensure they are not disturbed by the
work. Each time the elevations of the pavement surface locations are checked at least two
nearby TBM's will also be surveyed.
Construction Monitoring
At least ten days prior to beginning any work, the existing sewer alignment will be visually
inspected, and any pavement cracking or other defects documented with measurements,
pictures and the areas painted to identify them as pre -dating the start of work. The
pavement surface locations shall be established, and pre -construction elevations acquired.
These results shall be presented to WSDOT.
The sewer alignment currently being burst will be visually inspected intermittently
throughout the day. Should any visual changes in the pavement surface be noted the
WSDOT will be notified and the surveyors called to the site to verify whether settlement
has occurred.
While the pipe bursting is taking place the monitoring locations and TBM's within the zone of
current construction will be surveyed once each day while work is underway to determine
whether any settlement not visually identifiable has occurred.
All survey data collected will be fo
carded to the WSDOT within 24 hours of its collection.
Post Construction Monitoring
Following completion of the construction the pavement surface will be visually inspected to
verify no additional cracking or surface defects have occurred.
Following completion of the construction the pavement surface locations and TBM's will be
surveyed one time a week for the first month following construction and monthly for the 9
months thereafter.
Should there be any indication that settlement may have occurred at the site between the
measurement intervals the surveyors will be brought to the site to verify.
All survey data will be emailed to the WSDOT Utility Engineer within 24 hours of collection.
Remediation Plan
Should settlement occur but fall within the WSDOT's basic pavement smoothness criteria of
1/8" deflection under a 10 -foot straight edge the settlement will not be considered a
pavement issue and will not be remediated unless some form of pavement damage is
apparent.
Post Pipe Bursting
Solutions to post completion settlement will depend on the size and extent of the
settlement. Any decision on how to approach a remedy would be coordinated with and
provided to the WSDOT for approval All work would be completed in accordance with the
WSDOT standards and specifications.
If the settlement is relatively minor and appears to be a result of localized material
consolidation the likely solution would be to go beyond the limits of the settlement a
distance sufficient to provide a smooth transition, grind the existing pavement down
several inches or to a depth satisfactory to the WSDOT and leave a clean vertical
edge against which new HMA could be placed. New HMA would then be placed and
compacted to the depth required to re-establish the original road grade and provide
a paved surface that meets the WSDOT's basic pavement smoothness criteria of not
more than 1/8" deflection under a .10 -foot straightedge. The work would be done one
lane at a time and leave one lane open for traffic.
Should the settlement be more pronounced in specific areas some exploratory work with
a vactor truck may be necessary to establish the presence of voids around the pipe.
Should voids be found they would be exposed as necessary for access and backfilled
with CDF meeting the requirements of the Standard Specifications. If possible, the CDF
would be placed without complete removal of the paved surface. Should access be an
issue the pavement and gravel subgrade will be removed, and the voids exposed as
necessary. Following placement and curing of the CDF the gravel subgrade would be
replaced to match the existing and compacted. HMA would then be placed and
compacted to bring the road surface back to the required grade.
If settlement occurs to the extent that traffic warning signs are necessary, they will be
installed and maintained by the Contractor until the problem is resolved. Signing will
be in accordance with the MUTCD and WSDOT requirements.
All pavement repair work would be completed in accordance with WSDOT standards and
specifications.
Contingency Plan
General
It is nearly impossible to predict all challenges that might be encountered during
construction. But common challenges can be anticipated. And, if encountered, pre -
planned remediation can be efficiently executed. That is the purpose of this
Contingency Plan.
The best practice is to have all necessary components of construction (personnel,
equipment and materials) on hand, prior to beginning any phase of construction.
Where feasible, the Contractor will have back-up equipment and materials on hand,
as well.
The goal is public safety and minimal traffic impacts along Fair Avenue.
All work shall conform to WSDOT standards and specifications.
Ent / Exit Pit Collapse
Be familiar with the soils to be excavated. Prepare structurally sound shoring plans
and implement them. If failure does occur, have the equipment and materials on
hand for a quick and complete repair.
By -Pass Pump Equipment Failure
Have a back-up pump available onsite, or available nearby on short notice. Have
repair or replacement parts available for quick repairs, as needed.
HDPE Pipe Availability
When feasible, have the entire manhole -to -manhole length of HDPE pipe welded,
and laying behind the curb line, ready to be inserted (burst) into the existing sewer
line. When limited to shorter segments, have the welding machine` onsite,
minimizing delays in the bursting activities.
Pavement Settlement above the Pipe Bursting Alignment
Pre -Negotiate a Remediation Plan with the WSDOT. Have equipment, materials
and traffic control on hand, or quickly available, to implement pavement removal
subgrade repair and pavement patching.
The Bursting Head gets Stuck
Have equipment and material available to excavate to the depth of the sewer main
where the bursting head is stuck. Excavate to the location, remove the restricting
pipe segment, and free the bursting head. Continue with the pipe bursting until
complete. Backfill, compact and patch the excavation as soon as practical.
Contract Supplemental Agreement
Supplemental Agreement Organization and Address
Number: 3 Li ma S
2803HLAEngineering River Road, Yakimaandan
,WAurveying 98902, Inc
Original Contract Number 2018-225 Execution Date of Supplement:
City Project Number 2487 Completion Date of Supplement:
July 21, 2021 (FA-5)
Project Title. Maximum Amount Payable this Supplement:
Fair Avenue Sanitary Sewer Main Improvements $65,803
FA-5, Off-Ramp to E. Chestnut Avenue
Maximum Total Amount Payable for the Previous Maximum Amount Payable
Agreement: $608,253 ($542,450 + Supplement $542,450 (Original Contract Amount
No 3 $65,803) $459,790 + Supplement No. 1 $40,560 +
Supplement No. 2$42,100)
Total Amount Payable for FA-5
Engineering Services During $192,533 ($84,630 + $42,100 + $65,803)
Construction
Section 1: Supplemental Agreement
The City of Yakima, Washington desires to supplement the Agreement for Professional Services first
entered into with HLA Engineering and Land Surveying, Inc., and executed on December 12, 2019 by
Resolution No. 2018-141 and identified as Contract 2018-225; including Supplement No 1 executed
May 28, 2020, and Supplement No. 2 executed on July 1, 2020. 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
2 1 Basic Services The change in basic services to be performed as part of this Supplemental Agreement:
Through November 10, 2020, the contractor, Belsaas& Smith Construction, Inc., has worked 61 working days
beyond the allowed 41 contract days for the project. For additional work directed by the CITY in change Order
No 1, six (6) contract days were granted to the Contractor HLA provided construction observation and
administration services during the time beyond expiration of specified contract days plus six days added for
Change Order No 1
Section 5: Compensation
Payment for this supplemented includes $60,803 deducted from payment to Belsaas and Smith on Progress
Estimates 2, 3 &4, summarized in Exhibit A, and $5,000 for Change Order No. 1 work. This supplemented
work brings the total amount of FA-5, Engineering Services During Construction from$126,730 to $192,533.
The total Agreement is summarized in Exhibit B
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.
By: /0/ev. c Q rd- By. r,ohh,r1-- 0(L..cfl-S n
t
Consult nt Sig at re City Manager Signature • O
z
F-eio. ' mot • Z
0
Date o
o
\Vs02\General\Contracts&Task Orders\Yakima\2019\Wastewater-Fair Avenue Sewer Main Improvements\2020-12-30 FA-5 CN Supplement No 3.docx 0
U �
EXHIBIT A
Professional Services
Supplemental Agreement No. 3
Fair Avenue Sanitary Sewer Improvements
FA-5, Fair Avenue Off-Ramp to E. Chestnut Avenue
Belsaas and Smith Construction Company
Additional Engineering Expenses Deducted from Progress Estimates
Progress Estimate No 2/August 31, 2020 Invoice $24,690.13
Progress Estimate No 3/September 30, 2020 Invoice $19,571 40
Progress Estimate No 4/October 31, 2020 Invoice $16,541.93
Subtotal $60,803.46
Change Order No.1 —Six (6) Contract Days Added
6 Days at $2,064 per day = $12,384; Only $5,000 needed $5,000
Supplemental Agreement No. 3 Total $65,803
\Us02\General\Contracts&Task Orders\Yakima\2019\Wastewater-Fair Avenue Sewer Main Improvements\2020-12-30 FA-5 CN Supplement No.3.docx
EXHIBIT B
Professional Services
Contract Summary
Supplemental Agreement No. 3
Fair Avenue Sanitary Sewer Improvements
City of Yakima Original Supplement No 1 Supplement No. 2 Supplement No. 3 Agreement
Contract 2018-225 Agreement (COVID/19-day time- (WSDOT Surface (Contractor 20-day Total
Project No 2487 extension) Monitoring) overage &Change
Order No 1 6 Days)
FA-5, Fair Avenue Off-Ramp to E. Chestnut Avenue
18181E $119,580 $119,580
18181C $84,630 $42,100 $65,803 $192,533
FA-6, E. Spruce Street to E. Beech Street
18182E $153,230 $153,230
18182C $102,350 $40,560 $142,910
Agreement $459,790 $500,350 $542,450 $608,253 $608,253
Total
\\1s02\General\Contracts&Task Orders\Yakima\2019\Wastewater-Fair Avenue Sewer Main Improvements\2020-12-30 FA-5 CN Supplement No 3 docx