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02/02/2021 04E Professional Services for North First Street Revitalization (Phases 2 & 3); HLA Engineering and Land Surveying, Inc. ti i..asxntntj kd d g$Ag aY ae.. x°'naa.x,,4n BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.E. For Meeting of: February 2, 2021 ITEM TITLE: Resolution authorizing a contract with HLA Engineering and Land Surveying, Inc for Professional Services for the North First Street Revitalization (Phases 2 and 3) Project SUBMITTED BY: Scott Schafer, Public Works Director Bill Preston, City Engineer- (509) 576-6754 SUMMARY EXPLANATION: The City of Yakima had previous Agreement 2015-054 with HLA Engineering and Land Surveying, Inc. for Phase 2 of the North First Street Revitalization Project; providing 90% plans, specifications, and estimate (PS&E). This Agreement provides for the completion of the North First Street Revitalization Phase 2 design and bid documents. It also provides for construction engineering required for Phase 2 as well as the completed design and bid documents for Phase 3. It is anticipated that construction of Phase 2 of the project will begin in March 2021. Attached for City Council review is the Agreement with HLA Engineering and Land Surveying, Inc. in an amount not to exceed Seven Hundred Fifty-Seven Thousand One Hundred Fifty Dollars ($757,150). Funding for this project is provided from Transportation Benefit District (TBD)funds, Water Capital Fund 477 and Stormwater Capital Fund 442. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Economic Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type 2 D Resolution HLA N. St Phases 2&3 1/7112021 Resolution D Corr ullant 1113'2021 Conlract 3 RESOLUTION NO. R-2021- A RESOLUTION authorizing an agreement with HLA Engineering and Land Surveying, Inc. for the North First Street Revitalization (Phases 2 and 3) project. WHEREAS, the City of Yakima had previous Agreement 2015-054 with HLA Engineering and Land Surveying, Inc. for Phase 2; providing 90% plans, specifications, and estimate (PS&E) to the City for the North First Street Revitalization Project (Project); and WHEREAS, the City desires to complete the design and go to ad for construction of Phase 2 of the Project; and WHEREAS, the City requires Construction Engineering services for Phase 2 of the Project that is anticipated to start in March 2021; and WHEREAS, the City also desires to complete the design for Phase 3 of the Project; and WHEREAS, HLA Engineering and Land Surveying, Inc. has provided a Scope of Work included in this Professional Services Agreement that meets the needs and requirements of the City of Yakima for this Project; and WHEREAS, the Yakima City Council has determined that revitalization of the North First Street Corridor is a Strategic Priority; and WHEREAS, the City Council finds that it is in the best interest of the City of Yakima and its residents to enter into this Agreement to continue and complete this project, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute an Agreement between the City of Yakima and HLA Engineering and Land Surveying, Inc. attached hereto and incorporated herein by this reference not to exceed Seven Hundred Fifty-Seven Thousand One Hundred and Fifty Dollars ($757,150) to provide the professional services as described in the Agreement. ADOPTED BY THE CITY COUNCIL this 2' day of February, 2021. Patricia Byers, Mayor ATTEST: Sonya Clear Tee, City Clerk 4 * A Phone: (509) 966-7000 FAX: (509) 965-3800 Engineering and Land Surveying,.Inc. 2803 River Road, Yakima, WA 98902 Date: January 12, 2021 Project No.: 15038E To: City of Yakima Attention: Bill Preston, PE 129 North Second Street City Engineer Yakima, WA 98901 From: Michael T. Battle, PE Re: City of Yakima NORTH FIRST STREET REVITALIZATION (PHASES 2 AND 3) Agreement for Professional Services We are sending you the attached following items: Two (2) Signed Original Agreements for Professional Services Comment: Bill: Thank you for the opportunity to work with you and the City on this significant project for the Yakima community. Enclosed for your use and council consideration are two (2) signed original professional service agreements. If approved by City Council, please have the City Manager sign and date the agreements and return one (1) fully executed copy to our office. We look forward to getting started immediately on the project following contract execution. If you have any questions or need additional information, please contact me. Copy to: File Signed: 2. GACentracts&Task OrdersWakimMN,1st Street-Phase 2‘td.1st Street-Design Completion MLK to N and CN Services I to N12021-01-12 North First Street APS-Final-Trans docx 5 For City of Yakima Use Only: Contract No. Project No. AGREEMENT Resolution No BE EEN SOQ No. CITY OF YAKIMA, WASHINGTON AND HLA ENGINEERING AND LAND SURVEYING, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this day of , 2021, by and between the City of Yakima, Washington, a Washington municipal corporation with its principal office at 129 North Second Street, Yakima, WA 98901, hereinafter referred to as "CITY," and HLA Engineering and Land Surveying, Inc., 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 services under this AGREEMENT for NORTH FIRST STREET REVITALIZATION (PHASES 2 AND 3) project on behalf of the City of Yakima, herein referred to as the "PROJECT." WITNESSETH: RECITALS WHEREAS, CITY desires to retain the ENGINEER to provide engineering services and staff support for developing the PROJECTS, 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 - PROJECT SCOPE OF SERVICES (PROJECT) which is attached hereto and made a part of this AGREEMENT as if fully set forth herein. 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." Page 1 6 2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or time required for, performance of any services under this AGREEMENT, a contract price and/or completion time adjustment pursuant to this AGREEMENT shall be made and modified in writing and accepted by the parties hereto. 2.2.2 Compensation for each such request for Additional Services shall be negotiated by the CITY and the ENGINEER according to the provisions set forth in EXHIBIT A— PROJECT SCOPE OF SERVICES, attached hereto and incorporated herein by this reference, and if so authorized, shall be considered part of the PROJECT WORK. The ENGINEER shall not perform any Additional Services until so authorized by CITY and agreed to by the ENGINEER in writing. 2.3 The ENGINEER must assert any claim for adjustment in writing within thirty(30)days from the date of the ENGINEER's receipt of the written notification of change. SECTION 3 CITY'S RESPONSIBILITIES 3.1 CITY-FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the CITY'S possession relating to the ENGINEER'S services on the PROJECT including information on any pre-existing conditions known to the CITY that constitute hazardous waste contamination on the PROJECT site as determined by an authorized regulatory agency. 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 to its profession. 3.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this AGREEMENT. CITY'S Representative shall have complete authority to transmit instructions and receive information. ENGINEER shall be entitled to reasonably rely on such instructions made by the CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall be responsible for bringing to the attention of the CITY'S Representative any instructions which the ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER'S knowledge. 3.5 Any documents, services, and reports provided by the CITY to the ENGINEER are available solely as additional information to the ENGINEER and will not relieve the ENGINEER of its duties and obligations under this AGREEMENT or by law. The ENGINEER shall be entitled to reasonably rely upon the accuracy and the completeness of such documents, services and reports, but shall be responsible for exercising customary professional care in using and reviewing such documents, services, and reports and drawing conclusions therefrom. SECTION 4 AUTHOR! TION, PROGRESS, AND COMPLETION 4.1 In signing this AGREEMENT, CITY and ENGINEER agree that at such time as the CITY provides ENGINEER specific written authorization to proceed with one or more of the tasks described in EXHIBIT A, ENGINEER shall begin work. The time for completion of each task shall be as mutually agreed. SECTION 5 COMPENSATION 5.1 COMPENSATION SHALL BE INVOICED MONTHLY ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services described in Exhibit A, compensation shall be according to Exhibit B- Schedule of Rates, attached hereto and incorporated herein by this reference, on a time Page 2 7 spent basis plus reimbursement for direct expenses. The maximum amount of compensation to the ENGINEER shall not exceed $757^ 5D*vKhouf the written u0romnxynf of the CITY and the ENGINEER. 5~1.1 DIRECT NON-SALARY EXPENSES: Direct Non-Salary Expenses are those costs incurred on or directly for the PROJECT induding, but not Unilod to, necessary transportation costs, including current rates for ENGINEER'S vehicles; meals and lodging; laboratory tests and analyses; printing, binding and reproduction oborgoo; all nns{o am8onim1od with other outside nonprofessional services and facilities; special CITY- requested and PROJECT-related insurance and performance warranty unms| and other similar costs. Reimbursement for Direct Non-Salary Expenses will boon the'basis oYactual charges plus a reasonable markup, not to exceed ten percent (110%) and on the basis of current rates when furnished by ENGINEER. 5.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental expenses incurred by employees of the ENGINEER and 000h of the Suboonou|toofo in connection with PROJECT WORK; pmovided, as fm||owe[ � That m maximum nfU.S. INTERNAL REVENUE SERVICE allowed cents per mile will be pek1 for the nporaUon, maintenance, and depreciation costs` ofcompany 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 o maximum of forty dollars ($48) per day per person. This rate may be adjusted ona yearly basis. 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 |n the Schedule nf Specific Hourly Billing Rates. 5.1.3 Professional 8ubc0nou|tardu. Professional Suboonou|bonta are 1hVao costs for enginoohng, architecture, geotenhnico| sen/i000 and similar professional services approved by the CITY. Reimbursement for Professional Guboonsu]tonts will be on the |basis ufaotma costs billed plus o reasonable mar� not to exceed ten percent — 96 O for uen/neo provided to the CITY through this AGREEMENT. 5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT shall not exceed the amount set forth in Section 5.1 above. The ENGINEER shall make all reasonable efforts to complete each task within the budget established for'that task, and will keep CITY informed of progress toward that end om that the budget can be adjusted it found necessary. The ENGINEER is not obligated to incur costs beyond the indicated budget, as may be adjusted, nor 1n the CITY obligated to pay the ENGINEER beyond thoeo,|Un|ts. W+mhanybUdgethosbeen increased, the ENG|NEE0'a excess costs expended prior the same extent as if such costs had been incurred after the approved increase, and provided that the CITY was informed in writing and approved nf the additional costs prior ko the time such costs were incurred. 5.3 The ENGINEER shall submit to the CUy'o Representative un invoice each month for payment for PROJECT services uunlp|sded through the accounting cut-off day of the previous month. Such invoices shall hnfor PROJECT services and WORK performed and costs incurred prior10 the date nf the invoice and not covered by previously submitted invoices. The ENGINEER shall submit with each invoice identification uf the work performed, a summary oftime expended on the PROJECT for the current billing period, copies o|subcwmau|taniinvoices, and any other supporting rnutohmks determined b the CITY necessary bx substantiate|he costs incurred. CITY will useit 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 requested. Page 3 8 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 ROW 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, together with ENGINEER's execution and delivery 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's employees, agents, and representatives, including subconsultants and subcontractors, and shall save and hold CITY harmless therefrom. 6.4 INDEMNIFICATION: (a) 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 proceedings,(including reasonable costs and attorneys' fees) and (2) judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind claimed by third parties arising out of, or related to any death, injury, damage or destruction to any person or any property to the extent caused by any negligent act, action, default, error or omission or willful misconduct arising out of the ENGINEER's performance under this AGREEMENT. In the event that any lien is placed upon the Page 4 9 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 other necessary satisfaction. (b) 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. (c) 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. (d) Nothing contained in this Section or this AGREEMENT shall be construed to create a liability or a right of indemnification in any third party. 6.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligations under this AGREEMENT shall not be,limited in any way by any limitation on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER or a subcontractor under workers' or workmens'compensation acts, disability benefit acts, or other employee benefit acts. The ENGINEER specifically and expressly waives its immunity under the Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the ENGINEER and the CITY. 6.6 It is understood that any resident engineering or inspection provided by ENGINEER is for the purpose of determining compliance with the technical provisions of PROJECT specifications and does not constitute any form of guarantee or insurance with respect to the performance of a contractor. ENGINEER does not assume responsibility for methods or appliances used by a contractor, for a contractor's safety programs or methods, or for compliance by contractors with laws and regulations. CITY shall use its best efforts to ensure that the construction contract requires that the contractor(s) indemnify and name CITY,the CITY'S and the ENGINEER'S officers, principals, employees, agents, representatives, and engineers as additional insureds on contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER professional liability. 6.7 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observation, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate standard of professional care and judgment in such investigations. SECTION 7 PROJECT SCHEDULE AND BUDGET 7.1 The PROJECT schedule and performance dates for the individual tasks shall be mutually agreed to by the CITY and the ENGINEER.The performance dates and budgets for tasks may be modified only upon written agreement of the parties hereto. The performance date for tasks shall not be extended, nor the budget increased because of any unwarranted delays attributable to the ENGINEER, but may be extended or increased by the CITY in the event of a delay caused by special services requested by the CITY or because of unavoidable delay caused by any governmental action or other conditions beyond the control of the ENGINEER which could not be reasonably anticipated. Page 5 10 7.2 Not later than the tenth (110 day uf each calendar month during the performance of the PROJECT, the ENGINEER shall submit to the CITY'S Representative a copy of the current schedule and a written narrative description of the WORK accomplished by the ENGINEER and subconsultants on each task, indicating a good faith estimate of the percentage completion thereof on the last day of the previous month. Additional oral or written reports shall be prepared at the request of the CITY for presentation to other governmental agencies and/or to the public. SECTION REUSE OF DOCUMENTS 8.1 All internal WORK products of the ENGINEER are instruments i of this PROJECT. There shall be no reuse, change, or alteration by the CITY or others acting through or on behalf of the CITY without written permission of the ENGINEER, which shall not be unreasonably withheld and will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs including, but not limited to, litigation expenses and attorney's fees arising out of or related to such unauthorized reuse, change, or alteration; provided, however, that the ENGINEER will not be indemnified for such claims, damages, losses, and costs including, without limitation, litigation expenses and attorney fees if they were caused by the ENGINEER's own negligent acts or 8.2 The ENGINEER agrees that ownership mf any plans, drawings, designs, specifications, computer programs, technical reports, operating manoo|m, calculations, notes, and other WORK submitted orm/hich;are specifiedtube delivered underhbis AGREEMENT grvvhicb 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, copyri hts d trade secrets owned by ENG|NEEA (hereHnafter "Intellectual Property") as well as any modifications, updatmo or enhancements to said Intellectual Property during the performance'cd the WORK remain the property ur ENGINEER, and ENGINEER� does not grant CITY any right or license 10 such Intellectual Property. SECTION 9 AUDIT AND ACCESS TO RECORDS 0.1 The ENGINEER, including its aubCuOSW|tantG, shall maintain books, records, dncumemtsondVther evidence directly pertinent to performance of the WORK under this AGREEMENT in accordance with generally accepted accounting principles, the Public Records Act` and practices onmsist8Q{|y applied. The ENGINEER shall promptly furnish the CITY with such records which are related to the WORK cf this AGREEMENT ao may be requested by the CITY. The CITY, or the'C[TY'Sduly authorized representative, shall have aorone to such books, naCunjm, doCunn8Ubx, and other evidence for inspection, mudit, and copying for a period of six 8U years after c0nlpkaU0n of the PROJECT,or for m longer period if required by law orby the Washington State Secretary Of8taie'a records retention schedule. The CITY shall also have access 'tVsuch b0uko` n*Cnnds^ and documents during the performance of the PROJECT WORK, if deemed necessary by the CITY. 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 eonmea to records pursuant to this section provided that the ENGINEER is afforded the opportunity for an audit exit conference and un opportunity tocomment and submit any supporting documentation on the pertinent portions ufU)edraft audit report and that the final audit report will include EN8|NEEF<'s written comments, ifany. 9.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for WORK on the PROJECT. 0.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately substantiated shall be reimbursed tn the CITY. 9.6 During the performance ofthe tasks assigned under this Agreement ENGINEER shall mdall times maintain strict confidentiality with respect to all documents, materials, plans,designs, specifications and any other information belonging tn'the CITY that|ENGINEER may have access tn'Vrobserve Page 6 11 while performing the tasks presented in this Agreement; further, ENGINEER shall not disclose any confidential CITY information that ENGINNER may have access to or come into contact with to any third parties whatsoever, at any time during the term of this Agreement; such prohibition shall be a continuing obligation that shall remain effective after the termination of this Agreement. 9.7 All records relating to ENGINEER'S work under this Agreement must be made available to the CITY, and the records relating to the WORK are City of Yakima records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to ENGINEER's services and WORK under this Agreement must be retained by the ENGINEER for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. 9.8 The terms of Section 9 shall survive any expiration or termination of this Agreement. SECTION 10 INSURANCE 10.1 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. 10.1.1 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. 10.1.2. Commercial Automobile Liability Insurance. a. If ENGINEER owns any vehicles, before this AGREEMENT is fully executed by the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. b. If ENGINEER does not own any vehicles, only "Non-owned and Hired Automobile Liability" will be required and may be added to the commercial liability coverage at the same limits as required in that section of this AGREEMENT, which is Section 10.1.1 entitled "Commercial General Liability Insurance". c. Under either situation described above in Section 10.1.2.a. and Section 10.1.2.b., 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 Page 7 12 i policy shall name the CITY, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds. The insured*heU not oohmd or change the insurance without first giving the CITY thirty 30 calendar days prior vvhMen notice. The insurance shall be with an insurance company orcompanies rated A-V|| or higher inBesrs Guide and admitted inthe SlateofVVanhAngton- ' 1O.1.3. Statutory workers' compensation and employer's liability insurance as required bystate law. 10.1.4. 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) eggreAate. The certificate ohoU clearly ab]he 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 priorwdttmn notice. The insurance shall be with on insurance company or companies rated A-VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion Vf this AGREEMENT. Failure of either ur all of the additional insureds kz report e claim under such insurance shall not prejudice the rights of the CITY, its officers, 'ompk>yeou, agents, and representatives there under. The CITY and the C|T\rS elected and appointed officials, offioars, principals, enop|oymoa, representatives, volunteers and agents shall have no obligation for payment of prmrniurna because of being named as additional insureds under Such insurance. None of the policies issued pursuant \othe requirements contained herein mhuU be canceled, nUov*ud to expire, or changed in any manner that affects the rights of the CITY until thirty (30) days after written notice to the CITY of such intended cancellation, expiration orchange, SECTION 11 SUBCONTRACTS 11.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, tosubcontract any portion of`the WORK tubo performed under this AGREEMENT. 11.2 Aoyouboonnu|banto subcontractors nr�ubcordrom� to1hmENC3|NEERut�zmdom ]s PROJECT, including any substitutions thereof, will be subject' to prior approval by C|TY, which approval shall not he unreasonably withheld. Each subcontract shallb subject tu review by the C|T`/'SRepresentative, if requested, prior to the subconsultant or subcontractor proceeding with the WORK, Such review shall not constitute an approval as0o the legal form or content of such subcontract. The ENGINEER shall bo responsible for the architectural and engineering^^ performance, acts, and omissions of all persons and firms performing subcontract WORK. 11.3 CITY does anticipateENG|pJEERrnaysubonhtrmctwith additional persons or firms for the purpose of completing this AGREEMENT: HBB Landscaping Architecture Conley Engineering GN Northern, Inc. 11.4 The ENGINEER shall submit, along with its monthly invoices, a description df all WORK completed by ouboonuu|tents and subcontractors during the preceding month and copies of all invoices thereto. Page 13 SECTION 12 ASSIGNMENT 12.1 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 13 INTEGRATION 13.1 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 14 JURISDICTION AND VENUE 14.1 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 15 EQUAL EMPLOYMENT and NONDISCRIMINATION 15.1 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 16 SUSPENSION OF WORK 16.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this AGREEMENT if unforeseen circumstances beyond CITY'S control are interfering with normal progress of the WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under this AGREEMENT if unforeseen circumstances beyond ENGINEER's control are interfering with normal progress of the WORK. ENGINEER may suspend WORK on PROJECT in the event CITY does not pay invoices when due, except where otherwise provided by this AGREEMENT. The time for completion of the WORK 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 17. SECTION 17 TERMINATION OF WORK 17.1 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. Page 9 14 17,2 In addition to termination under subsection 17.1 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 the effective termination date. 17.3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price pursuant to the AGREEMENT shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other WORK, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to the extent of any additional costs or damages CITY has incurred, or is likely to incur, because of the ENGINEER'S breach. In such event, CITY shall consider the amount of WORK originally required which was satisfactorily completed to date of termination, whether that WORK is in a form or of a type which is usable and suitable to CITY at the date of termination and the cost to CITY of completing the WORK itself or of employing another firm to complete it. Under no circumstances shall payments made under this provision exceed the contract price. In the event of default, the ENGINEER agrees to pay CITY for any and all damages, costs, and expenses whether directly, indirectly, or consequentially caused by said default. This provision shall not preclude CITY from filing claims and/or commencing litigation to secure compensation for damages incurred beyond that covered by contract retainage or other withheld payments. 17.4 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. 17.5 Upon receipt of a termination notice under subsections 17.1 or 17.2 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. 17.6 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. 17.7 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 17.4 of this Section. 17.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its obligations to complete performance under this AGREEMENT without the concurrence and written approval of CITY. If CITY agrees to termination of this AGREEMENT under this provision, payment shall be made as set forth in subparagraph 17.3 of this Section. SECTION 18 DISPUTE RESOLUTION 18.1 In the event that any dispute shall arise as to the interpretation or performance 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 neither of the afore mentioned methods are successful then any dispute relating to this AGREEMENT shall be decided in the courts of Yakima County, in accordance with SECTION 14. If both parties consent in writing, other available means of dispute resolution may be implemented. Page 10 15 SECTION19 NOTICE 18.1 Any notice required to be given under the terms of this AGREEMENT shall be directed to the party a{the address set forth below. Notice shall bm considered issued and effective upon receipt thereof by the add renmoe'party, or seventy-two (72) hours after mailing by certified n)mi| to the place of business set forth bm|nvw, whichever is earlier. CITY: City o[Yakima Attn: Mr. Scott Schafer, Public Works Director 129N. 2nd Bkme1 Yakima, VVAA80O1 ENGINEER: HLA Engineering and Land Surveying, Inc. (HLA) Attn: Mr. Miohae|l[ Battle, PE, President 2803 River Road `Yakima, VVAQ8QO2 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective authorized officers Vrrepresentatives asof the day and year first above written. CITY QFYAh]K8A HLA Signature Signature Printed Name: Robert Harrison printed Name: MichaelT. Ratt|e, PE Title: CdyManagor Title: President Date: Date: Attest City Clerk 16 STATE OF VVASHINGTON ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that Robert Harrison is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the CITY MANAGER of the CITY OF YAKIMA, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Seal or Stamp (Signature) Title Printed Name My commission expires: Page 12 17 STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that Michael T. Battle, PE is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as 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. 1 '2 0 I Dated: ( . -9 Seal or Stamp XII (Signature) (10‘0111t1,11,0„ t.9 Title •Z°.°` 50' . frCommn% Printed Name =co• 44(1813,28 xPites 292i A My commission expires: ar-11.-kar 2 12-,0 2- - .68Lio 11/AS 'VIVs,\\\ f/riril 111%0\ Page 13 18 EXHIBIT-A PROJECT SCOPE OF SERVICES CITY OF YAKIMA NORTH FIRST STREET REVITALIZATION Final PS&E— Phase 2, J Street to N Street Construction Observation and Administration— Phase 2, J Street to N Street Final PS&E— Phase 3, MLK Boulevard to J Street In March 2015, the City of Yakima contracted (2015-054) with HLA Engineering and Land Surveying, Inc. to provide Project Management and Administration; Preliminary Engineering Design; Right-of-Way Services; Final Engineering, Plans, and Specifications; and Bidding Services for the North First Street Revitalization — Phase 2 Project, MLK Boulevard to N Street. The original PROJECT schedule included completion of all work by May 31, 2016,which was modified due to City budget and adjustment of priorities, In 2015, HLA Engineering and Land Surveying, Inc. progressed the Plans and Specifications for the entirety of the PROJECT to a 70% level. In 2016, the City directed to split the PROJECTinto two phases; Phase 2 - J Street to N Street and Phase 3 — MLK Boulevard to J Street. A separate Bid Package of Plans, Specifications and Cost Estimate is currently being prepared to begin construction on North First Street Phase 2, J Street to N Street, in 2021. Plans, Specifications and Cost Estimate for North First Street Phase 3, MLK Boulevard to J Street, are anticipated to be completed necessary to construct improvements in 2022. In addition to the original scope of work, HLA performed significant additional services directed by the CITY including: 2015 TIB Funding Application Roundabout Conceptual Design at N. First/H Street Intersection 2016 FASTLANE Funding Application 2017 INFRA Grant Application 2017 NHS Grant Application 2018 BUILD Grant Application 2019 BUILD Grant Application 2019 Legislative Discretionary Package 2019 INFRA Grant Application INFRA Fact Sheet for TRANS-Action, Washington DC 2020 BUILD Grant Application 2020 INFRA Grant Application 2020 TIB Funding Application Pacific Power Coordination and Easement Preparation Additional Signal Design at D Street and North First Street As a result, additional compensation is required to complete Final Engineering Design, Plans and Specifications necessary to advertise for bids and construct Phase 2 in 2021, arid advertise for bids and construct Phase 3 in 2022, Construction Observation and Administration Services for Phase 2 are also included as part of this Agreement. Construction Observation and Administration Services for Phase 3, MLK Boulevard to J Street, will be provided as an addendum to this agreement or by separate contract once design plans are completed and construction schedule is determined by the City. Page 14 19 HLA Engineering and Land Surveying, Inc. (ENGINEER), shall provide professional services to the CITY as outlined in the Work Task descriptions below. The following general provisions/assumptions have been made: A. The entirety of this Agreement Expires June 30, 2022, unless otherwise amended. B. CITY intends for Phase 2 Improvements, J Street to N Street to be ready for bid advertisement in January 2021 and construction to begin in 2021. 100% PS&E will be provided to the City by January 31, 2021. C. CITY intends for Phase 3 Improvements, MLK Boulevard to J Street to be ready for bid advertisement in January 2022 and construction to begin in 2022. 100% PS&E shall be provided to the City by January 31, 2022. D. Projects are funded locally, and no federal funding will be used. E. CITY to pay for all advertising, permit fees, notices or other publications as may be required for the PROJECT. F. CITY to pay for necessary materials testing not paid by the Contractor. G. The CITY has contracted with others to complete Right of Way acquisition necessary for the improvements. H. The typical section, general design layout and landscape concepts have been established during the North First Street Revitalization — Phase 1 Project, N Street to 1-82, and will be primarily used for Phase 2 and Phase 3 Projects. I. Work conducted will meet CITY design standards. J. Plans, specifications, and contract documents, to the extent feasible, shall be developed in accordance with the latest edition and amendments of the following: 1. Washington State Department of Transportation/Washington State Chapter of the American Public Works Association, "Standard Specifications for Road, Bridge, and Municipal Construction"; 2. Washington State Department of Transportation, "Standard Plans for Road and Bridge Construction"; 3. Washington State Department of Transportation, "Highway Design Manual"; and 4. FHWA"Manual on Uniform Traffic Control Devices for Streets and Highways." K. All calculations, analyses, design, plans, specifications, and other PROJECT work will be prepared in English units. L. It is understood and agreed that tasks may be added or deleted from the scope of services by mutual agreement of the CITY and ENGINEER. HLA Engineering and Land Surveying, Inc. (ENGINEER), agrees to perform the following services: I. DESIGN ENGINEERING, PLANS, SPECIFICATIONS, COST ESTIMATE AND BIDDING A. Project Management and Administration 1. Provide general coordination with the CITY, subconsultants, other consultants, and stakeholders. 2. Provide monthly status reports and invoices for work performed. 3. Attend meetings with the CITY to address technical aspects of the work related to scope, design, and schedule of the PROJECT. Up to four (4) meetings are anticipated. 4. Prepare and maintain PROJECT schedule, to be updated monthly or as otherwise requested by the CITY. B. Final Engineering Design, Plans, and Specifications (90% and Final) 1. Prepare SEPA checklist for transmittal to lead agency for review and action. 2. Prepare all permit applications required for the construction of the improvements for CITY signature and submittal to the controlling authority. a. BNSF Railway b. Storm Water Notice of Intent (NOI) 3. Prepare storm water report for review and approval by the CITY. 4. Confirm acquisition of easements and right of way with CITY (by Yakima County). Page 15 20 5. On the basis of approved preliminary construction plans, perform the final design. Present design documents to CITY for final coordination. 6. Meet with CITY departments including Engineering, Water & Irrigation, Sanitary Sewer, Storm Water, Traffic, and Transit. 7. Confirm PROJECT schedules with private utility companies. 8. Prepare final plans and specifications for bid call on the proposed work, as authorized by the CITY, including: a. Cover Sheet, General Notes, Typical Sections and PROJECT Details b. Temporary Erosion and Sediment Control (TESC) Plan c. Demolition Plans d. Traffic Control and Construction Sequencing Plans e. Plan and Profile Sheets for Roadway Improvements f. Domestic Water Main Improvements g. Sanitary Sewer Main and Service Connections (MLK to "E" Street) h. Storm Drainage Improvements i. Illumination Plan (both traffic and pedestrian lighting) j. "I" Street/1st Street Intersection and Signalization Plan k. "D" Street/1st Street Intersection and Signalization Plan I. Railroad Crossing Improvements at"G" Street (design and construction by BNSF) m. Channelization and Signing Plans n. Landscape, Irrigation and Planting Plans o. Contract Documents and PROJECT Specifications 9. Prepare the Engineer's Opinion of Probable Construction Cost. 10. Perform quality control and assurance review of all final documents. 11. Submit final documents to the CITY. 12. Provide six(6) printed copies of contract documents to the CITY, 13. Provide electronic files of plans and specifications for use by the CITY in bid advertisement. All bid advertisement fees to be paid by the CITY. 14. Answer questions and/or supply such information as is requested by prospective bidders. 15. Prepare and issue addenda, if necessary. 16. Participate in the bid opening, evaluate bids, prepare bid tabulation, and make recommendation of award. 17. Prepare and transmit Contracts to Contractor, including review of Bond and Insurance. 18. Provide Contract, Bond, and Insurance to CITY for Council Award. II, CONSTRUCTION OBSERVATION AND ADMINIST- A TION (PHASE 2 - J St. to N St.) 1. Following award of the Contract by the CITY, prepare Notice of Award to the Contractor. 2. Coordinate and conduct preconstruction conference followed by issuance of Notice to Proceed. 3. Furnish the field survey crew to set horizontal and vertical control for the PROJECT. 4. Provide staking for construction, including structures, water main, subgrade elevations, blue- top elevations, curb and gutter, sidewalk, and illumination. 5. Provide submittal review for PROJECT materials as provided by the Contractor per the PROJECT Specifications. 6. Attend construction meetings associated with civil improvements, anticipated once per week during construction of the improvements. 7. Furnish a qualified resident engineer (inspector) to observe construction and be at the PROJECT site during all significant work. The resident engineer shall provide surveillance of construction for substantial compliance with plans and specifications. 8. Prepare daily construction progress reports and weekly statement of working days for days the resident engineer is present. 9. Recommend monthly progress payments for the Contractor to the CITY. 10. Prepare and submit proposed contract change orders when applicable. 11. Monitor the Contractor's compliance with State labor standards. 12. Conduct final inspection and prepare punch list items to be addressed by the Contractor. 13. Prepare record drawings of civil-related improvements based on the Contractor's as-built plans. Page 16 21 III. CONSTRUCTION OBSERVATION AND ADMINIST" TION (PHASE 3—MLK Blvd to J St.) Construction observation and administration services are anticipated to be provided as an addendum to this agreement or by separate contract, once final plans are prepared, the length of construction determined, and the scope of work more clearly defined. It is anticipated the expiration of the entirety of this Agreement shall also be amended. IV. ADDITIONAL SERVICES For services not included in the Scope of Work, the CITY may request the ENGINEER complete additional services, as mutually agreed, at the rates in affect at the time of service. 1. Funding Alternatives and Applications 2. Other V. TIME OF COMPLETION DESIGN ENGINEERING, PLANS, SPECIFICATIONS, ESTIMATE, AND BIDDING All work described in Item A of the Scope of Services above shall begin upon contract execution and continue until completion of all bidding services. All work described in Item B of the Scope of Services above is anticipated to be completed for Bid Advertisement of Phase 2, J Street to N Street in January 2021 and Bid Advertisement of Phase 3, MLK Boulevard to J Street, in January 2022. CONSTRUCTION OBSERVATION AND ADMINISTRATION (PHASE 2—J St.to N St.) Engineering services during construction shall begin upon construction contract award by the CITY and will extend through the completion of construction, and completion of as-constructed drawings. It is anticipated that construction will take one hundred forty (140) working days. Should the Contractor be granted time extensions for construction completion due to recognized delays, requested additional work, and/or change orders, engineering services beyond one hundred forty (140) working days shall be considered additional services. ADDITIONAL SERVICES Time for completion of work directed by the CITY under additional services shall be negotiated and mutually agreed upon at the time of service requested by the CITY. VI. FEE FOR SERVICES For the services furnished by the ENGINEER as described in this EXHIBIT A, the CITY agrees to pay the CONSULTANT the fees as set forth herein. The maximum amounts listed below may be revised only by written agreement of both parties. DESIGN ENGINEERING, PLANS, SPECIFICATIONS, COST ESTIMATE, AND BIDDING All work described in Items A and B of the Scope of Services above shall be performed on time-spent basis at the normal hourly billing rates shown in Exhibit B, plus reimbursement for direct non-salary expenses such as vehicle mileage and outside consultants, for an estimated fee not to exceed $282,150. CONSTRUCTION OBSERVATION AND ADMINISTRATION (PHASE 2 —J St. to N St.) All work shall be performed on a time-spent basis at the normal hourly billing rates shown in Exhibit B, plus reimbursement for direct non-salary expenses such as vehicle mileage and outside consultants, for an estimated fee not to exceed $475,000. ADDITIONAL SERVICES Additional work requested by the CITY not included in this Agreement shall be authorized by the CITY and agreed upon by HLA in writing prior to proceeding with the services. HLA will perform the additional services as directed/authorized by the CITY on a time-spent basis at the normal hourly billing rates shown in Exhibit B, plus reimbursement for direct non-salary expenses such as vehicle mileage and outside consultants. Page 17 oo ' EXHIBIT SCHEDULE OF'RATES FOR HLAEnginmerhmg and Land Sun/eVing, |nc. Effective January 1, 202U, through December 3t2u2O Senior Principal Engineer $215,UO per hour Licensed Principal Land Surveyor O7.O0 per hour Licensed Principal Engineer 1Q3.00 per hour Licensed Professional Engineer $175.OQ per hour Other Licensed'Professional $175.DO per hour Licensed Professional Land Surveyor $10O.DO per hour Project Engineer S145.00 per hour Senior Planner $132.00 per hour Contract Administrator $132.00 per hour CAD Technician $127.00 per hour Residen( FnOineer/|bopeC10r $11S.nO per hour |Senior Engineering Technician $119.UD per hour Surveyor $U10.QO per hour Surveyor gV Two Man Crew $113,D0 per hour Surveyor on Three Man Crew $101]30 per hour Engineering Technician $Q4.DO per hour Word Processing Technician $84.O0 per hour Vehicle Mileage 0[i575 per mile Page 18 oo EXHIBIT SCHEDULE OF RATES FOR HL& Eng|neering and Land SurVey1ng, Inc. Effective January 1, 2021. through 1December 31, 2021 Senior Principal Engineer $222.OQ per hour Licensed Principal Land Surveyor $21O.00 per hour Licensed Principal Engineer $2O8,OD per hour Licensed Professional Engineer $18U.QQ per hour Other Licensed Professional $180.00 per hour Project Engineer U $185.0O per hour Licensed Professional Land Surveyor $M04.00 per hour Project Engineer| $150I0 porhuur Contract Administrator ||| $136.80perhour Senior Planner $136.00 perhour CAD Technician 13O.00 per hour Engineering Technician 111 $122.00 per hour Resident Engineer $122.0O per hour Surveyor $122.00 per hour Surveyor on Two Man Crew $U15.8O per hour Contract Administrator U $112]]0 porhour Engineer'—,TeohnicianU 1O5.00 per hour Surveyor on Three Man Crew '1O2.O0 per hour Contract Administrator | $87.DO per hour Engineering Technician | $87.00 per hour Ad min $87.QO per hour Vehicle Mileage 8O.SG per mile Page18 24 EXHIBIT B SCHEDULE OPRATES FOR HLA Engineering'and Land Supveying, Inc. Effective January 1. 2022, through December 31, 2u22 Senior Principal Engineer $220.00perhour Licensed Principal Land Surveyor $213.OU per hour Licensed Principal Engineer $2U8.0O per hour Licensed Professional Engineer $18G.0O per hour Other Licensed Professional $185.00 per hour Project Engineer || &172.8O per hour Licensed Professional Land Surveyor $187.U0 per hour Project Engineer | $155.00 per hour Contract Administrator |U $142.00 pmrhour Senior Planner $138.00 per hour CAD Technician '$133.00 per hour Engineering Technician'U| $120.OD per hour Resident —Engineer $12O.0D per hour Surveyor $124-00porbour Surveyor 0n Two Man Crew $117.0O per hour Contract Administrator || S110.00perhour Engineering Technician || $1O8.00 per hour Surveyor oVThree Man Crew $1D4.QO per hour Contract Administrator| $0U.[0 per hour Engineering Technician | $8O.QO per hour Adnniui8ire1ve/C|ehow| $8ODO per hour Vehicle Mileage Federal Rate page20