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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." \Contracts & Task OrderslYakimat2019tWastegrater F, Avenue Sewer Main improvements12018-11-21 Agreement For Professional Sergices.Docx Page of 29 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. G: \Contracts & Task Orders Yel6mat2019Mastewater - Fair ,Avenue Sewer Mato imprevements‘2018.11-21 Agreement For Profession Servicesnocx Page 2 of 29 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 0 \Contracts & Task Orders‘Yeleme12019WVateweter - For Avenue Sewer Main Improvernewsk2018,11.,21 Agreement Far Profesoonal aero Dock Page 3 of 29 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 G 4Contracts & Task OreersWakirna)2019lWastewater - Fair Avenue Sewer Main Irriprovementsk2018-11-21 Agreement For Professional Services Dux Page 4 of 29 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 G %Contracts & Task Orders \ Yakimak2019kWaslewater - Few- Avenue Sewer Main Imptavements\2018-11-21 Agreement For Professonal Services Doox Page 5 of 29 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. GiliCentracts & Task Ortlersiffekimali2019WVastewarer - Fair Avenue Sewer Main Improvements )201a-11-21 Agreement For Professional Senrices.Diacx Page 6 of 29 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 GAContraMs & Tank Order&Yakime4019AWastewater - Fair Avenue Sower Main improverneritet20184141 Agreement For Profession& Services Docx Page 7 of 29 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 0 � 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: �'���� �' ������ Fair � ''' �-�� _' �.�"�°""°.��"�°=,°��°""."°"��°"�. ,°,=`=�°����".�v�,�.�°�""�"*v ~°nu.wu���°mno�ooc, _]�/�—��� 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