HomeMy WebLinkAboutR-2022-109 Resolution authorizing an agreement with HLA Engineering and Land Surveying, Inc. to provide engineering services for the design of water distribution systems and wastewater collection systems in low income - underserved areas in YakimaA RESOLUTION
RESOLUTION NO. R-2022-109
authorizing a Professional Services Agreement with HLA Engineering and
Land Surveying, Inc. to provide engineering services for the design of water
distribution systems and wastewater collection systems in low income and
underserved areas in Yakima.
WHEREAS, the City of Yakima maintains and operates water distribution and wastewater
collection systems in accordance with applicable Federal, State and Local regulations; and
WHEREAS, there are several areas in Yakima considered low income that are not served by
water or wastewater; and
WHEREAS, separate task order will be developed and attached to this agreement for each
underserved area; and
WHEREAS, the City of Yakima Water/Irrigation and Wastewater Divisions require
engineering services for the design of water distribution systems and wastewater collection systems
in low income and underserved areas in Yakima; and
WHEREAS, the City of Yakima Water/Irrigation Division representatives have complied with
the provisions of RCW 39.80 regarding the procurement of engineering and architectural services
by a city; and
WHEREAS, in May, 2022, the City evaluated qualification submittals from two Engineering
firms, and the City held interviews with those Engineering firms; and
WHEREAS, as a result of these interviews, the City selected HLA Engineering and Land
Surveying, Inc. as the most qualified engineering firm to perform the required work; and
WHEREAS, the City Council has determined that it is in the best interest of the City of Yakima
to enter into Professional Services Agreement with HLA Engineering and Land Surveying, Inc.,
attached hereto and incorporated herein by this reference, to perform the design of water distribution
systems and wastewater collection systems in low income and underserved areas in Yakima; now,
therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute Professional Services Agreement with HLA
Engineering and Land Surveying, Inc., to provide engineering services for the design of water
distribution systems and wastewater collection systems in low income and underserved areas in
Yakima, which is attached hereto and by this reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 16' day of August, 2022.
EST:
Sonya Claa T=-, City Clerk
1
Janice Deccio, Mayor
For City of Yakima Use Only,
Resolution No�_2_022-10
AGREEMENT
B
ETWEEN
BETWEEN
CITY OF YAyCUMA'WASHkNGTON
AND
HLAENK@|NEERUNG AND LAND SURVEYING, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of 2022, by and
between the City of Yakima, Washington, a Municipal corporation with its princN, I 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 being licensed and registered todubusiness inthe State of Washington,
and will provide engineering oenvinan under this AGREEMENT for WATER/IRRIGATION AND
WASTEWATER DIVISIONS LOW-INCOME AND WNSERVED UTILITY AREAS on behalf of the City of
Yakima, Project No. AC2570 and GC2605. herein referred to collectively 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 inthis AGREEMENT and subsequent Amendments thereto;
and
VVHEREAG. 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 amfollows:
SECTION INCORPORATION OPRECITALS
11 The above recitals are incorporated into these operative provisions n{the AGREEMENT. The
contract term for this AGREEMENT nhoU be for calendar years 2022. 2023. 2024. 2025. and
2026, unless otherwise terminated in accordance with the terms herein.
SECTION 2 SCOPE OF SERVICES
2.01 ENGINEER agrees to perform those mnmineo described henooftoc Unless modified in
writing by both porhea, 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. Bnffla. PE as Principal -in -Charge throughout the henn of this AGREEMENT
unless other personnel are approved by the CITY.
21 Basic Services: tasks daaoibad in Exhibit A. entitled
"Scope of Services" (WORK) which is attached hereto and made a part of this AGREEMENT as if
fully set forth herein.
2.2 Additional Services: CITY and ENGINEER ugnoo 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 may be needed during
performance of this AGREEMENT. CITY may, at any time, by written onder, direct the
Page
ENGINEER to revise portions of the PROJECT WORK previously completed in a aodafonbory
manner, delete portions of the PRCUECT, or request that the ENGINEER perform additional
WORK beyond the scope of the PROJECT WORK. Such changes hereinafter ahoU be noforn*1
to as "Additional Services."
2.21 If such Additional Services cause an increase or decrease in the ENGINEER's cost of, or
time required for, performance of any oomiooa under this AGREEK8ENT, a contract price
and/or completion time adjustment pursuant to this AGREEMENT shall be made and this
AGREEMENT shall bemodified inwriting and accepted bythe parties hereto.
2.2-2 Compensation for each such request for Additional Ganvivaa ahoU be negotiated by the
CITY and the ENGINEER according to the provisions set forth in Exhibit B attached
hereto and incorporated heroin by this nehunnnne, and if so nuthuhzed, shall be
considered pod of the PROJECT WORK. The ENGINEER shall not perform any
Additional Services until an 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
31 CITY -FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the
C|TYh possession relating tothe ENG|NEER'aservices onthe PROJECT including information
on any pre-existing conditions known tuthe CITY that constitute hazardous waste contamination
nnthe PROJECT site osdetermined byanauthorized regulatory agency.
3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably
aoremaiNo to ENGINEER as required for ENG|NEER'e performance of its services and will
provide labor and safety equipment as reasonably required by ENGINEER for such enoaue.
3.3 TIMELY REVIEW: The CITY will examine the ENG|NBER'sstudies, reports, sketches, drawings,
apecifiootiona, pnnponoka. and other documents; obtain advice of on attorney, insurance
counselor, aorountont, mudKor, bond and financial odvinorm, and other consultants as CITY
deems appropriate; and render in writing decisions required of CITY in a timely manner. Such
examinations and decioionn, hmwevor, shall not relieve the ENGINEER of any contractual
obligations nor of its duty to render pnnh*aaiona| aonvioea meeting the standards of nuna
applicable to its profession.
3.4 CITY shall appoint a C|TY'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 beentitled hnreasonably rely unsuch instructions made hy
theQTY'a Representative unless otherwise directed in writing by the CITY, but ENGINEER shall
be responsible for bringing to the attention of the C|TY'n Representative any instructions which
the ENGINEER believes are inmdaquate, inoornp|etn, or inaccurate based upon the ENG|NEER'a
knowledge.
3.5 Any dncunmonts, oemicea, 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
professional duties and obligations under this AGREEMENT or at law. The ENGINEER ahoU be
entitled to reasonably rely upon the accuracy and the completeness of such documents, services,
and repoda, but shall be responsible for exercising customary professional care in using and
reviewing such documents, services, and reports and drawing conclusions from them.
SECTION AUTHORIZATION, PROGRESS, AND COMPLETION
41 In signing this AGREEMENT, CITY grants ENGINEER specific authorization to proceed with
WORK described in Exhibit AbyTask Order. The time for completion is defined in each Task
Order, oraeamended.
SECTION 6 COMPENSATION
51 COMPENSATION 0WATIME SPENT BASIS ATSPECIFIC HOURLY RATES: For the services
described in Exhibit A, compensation ohoU be according to Exhibit BSCHEDULE OF RATES,
-
attached hereto and incorporated herein by this rokarenno, on m time spent basis plus
reimbursement for direct non -salary expenses. Rates for calendar years 2025 and 2026 will be
established by the ENGINEER and approved by the CITY through a supplement to this
agreement.
511 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; phnhng, binding and reproduction charges; all costs
associated with other outside nonprofessional unrvioao 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 o reasonable markup, not to exceed ten percent (10Y6)' and on the
basis of current nshua when furnished by ENGINEER. Estimated Direct Non -Salary
Expenses are shown inExhibit B.
5111 Travel costs, including transportation, hdginA, subsistence, and incidental
expenses incurred by umnp|oynoa of the ENGINEER and each of the
8uhnonaultantoinconnection with PROJECT WORK; provided, oufollows:
� That amaximum ofU.8.INTERNAL REVENUE SERVICE allowed cents
per mile will be paid for the oparahon, maintnnonue, 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 ufground 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 unoyearly basis.
^ That accommodation shall beotoreasonably priced hntn|/note|.
° That air travel shall be by coach domo and ohm|| be used only when
absolutely necessary.
51.2 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 inExhibit BSchedule ofSpecific Hourly Billing Rates.
51.3 Professional GubonnouUonta. Professional Subconsultants are those costs for
engineering, orohdanturo. Qeu&aohnico| nnnvinon' and similar professional nonvinea
approved by the CITY. Reimbursement for Professional 8ubounau|banty will be on the
basis of actual costs billed plus o nyaeoneb|a markup, not to exceed ten percent (1096)
for services provided tothe CITY through this AGREEMENT.
5-2 The ENGINEER oheU make all reasonable efforts to complete the WORK within the budget of
each approved task order and will keep CITY informed nfprogress toward that end no that the
budget or WORK eMbd can be adjusted if found nooasaan/. The ENGINEER in 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 ENG|NEER's
exoaoa costs expended prior to such inonuana will be allowable to the oema extent on if such
costs had been incurred after the approved increase and provided that the CITY was informed in
writing atthe 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 oanvicaa and WORK performed and costs incurred prior to the
date of the invoice and not covered by previously submitted invoices. The ENGINEER aho||
submit with each invoice u summary of time expended on the PROJECT for the current billing
period, copies of subconsultant invoices, and any other supporting materials and details
determined necessary by the CITY 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 requested.
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 (61st) 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 CITY's written acceptance 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, designs, 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 shall 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 AND HOLD HARMLESS:
6.4.1 ENGINEER shall take all necessary precautions in performing the WORK to prevent
injury to persons or property. The ENGINEER agrees to release, indemnify, defend, and
Page 4
hold harmless the C|TY, its o|nohe1 and appointed offioials, offioera, employees, ogonta,
nepnnoantativen, inmunam, othomnayo, and volunteers from all |iubi|UNnu. |oaaeu, damogea,
and expenses related to all n|oinna, suits, arbitration ac1ionn, investigations, and
regulatory or other governmental proceedings arising from or in connection with this
AGREEMENT orthe acts, failures toact, errors oromissions ofthe ENGINEER, orany uf
EN8|NEER'o agent(s) or nuboontneotor(s), in performance of this A<3REEK8ENT, except
for claims caused by the C|T\"n sole negligence. The C|TY'o right to indemnification
includes ut1ornoy'n fees and costs associated with establishing the right to
indemnification hereunder infavor ofthe City.
6.4.2 If any suit, judgment, action, claim or demand arises out of, or occurs in conjunction with,
the negligent acts and/or omissions of both the ENGINEER and the City, or their elected
or appointed o#ioia|a, ofUoom, nrnp|oynea, agents, attorneys or volunteers, pursuant to
this AGREEMENT, each party shall be liable for its proportionate share ofnegligence for
any resulting suit, judgment, action, claim, dernond, damages or costs and expenses,
including reasonable etturnoya'feeo.
6.4.3 Industrial Insurance Act Waiver. It is specifically and aupromn|y understood that the
ENGINEER waives any immunity that may be granted to it under the Washington State
industrial insurance oot' Title 51 RCW, solely for the purposes of this indemnification.
ENG|NEER'a indemnification mhoU not be limited in any way by any limitation on the
amount of damages, compensation or benefits payable to or by any third party under
workers' compensation acts, disability benefit acts or any other benefits acts or programs.
ENGINEER ohoU require that its aubountnactona, and anyone directly or indirectly
employed or hired by ENG|NEER, and anyone for whose mntm ENGINEER may be liable
in connection with its performance ofthis AGREEMENT, comply with the terms of this
pnragnaph, waive any immunity granted under Title 51 RCW, and assume all potential
liability for actions brought by their respective employees. The Parties acknowledge that
they have mutually negotiated this waiver.
8.4.4 Should a court ofcompetent jurisdiction determine that this AGREEMENT is subject to
RCVV4.24.115. th*n, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of
the ENGINEER and the City. the ENG|NEER'o |imbi|ity, including the duty and cost to
defend, shall boonly tothe extent ofthe ENG|NEER'mnegligence.
0.4.5 Nothing contained in this Section or this AGREEMENT nho|| be construed to unemta a
liability or right of indemnification in any third party.
6.4.6 The terms ofthis Section shall survive any expiration or termination ofthis AGREEMENT.
0.5 K is understood that any rnokjant engineering or inspection provided by ENGINEER is for the
purpose of determining compliance with the technical provisions nfPROJECT specifications and
does not constitute any fnnn of guarantee or insurance with respect to the performance of
contractor. ENGINEER does not assume responsibility for methods or appliances used by o
contractor, for a contractor's safety programs or methods, or for contractors' compliance with laws
and regulations. CITY shall use its best e#ndo to ensure that the construction contract requires
that the contractor(s) indemnify and name CITY, the C|TY'a and the ENG|NEER'a uMiuom,
prinoipa|n, omp|oyees, ogente, nnpnosantobvea, and engineers as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability.
6.0 ENGINEER shall be solely responsible for and uhoU pay all taxeo, daduobona, and oonensmnntn,
including but not limited to tedanm| income tax, F|CA, social security tux, assessments for
unemployment and industrial injury insurance, and other deductions from income which may be
required by law or maaenoed against either party as o result of this AGREEMENT. In the event
the CITY is assessed a tax or assessment as a result of this AGREEMENT, ENGINEER shall pay
the same before itbecomes due.
07 SUBSURFACE INVESTIGATIONS: In snik*, foundetion, groundwater, and other subsurface
inveaigationo, the actual characteristics may very significantly between auuoeoakm test points
and nump|o intervals and at locations other than vvhenu ubsamation, exploration, and
changed or unanticipated underground conditions may occur that could affect total PROJECT
cost end/or execution. These conditions and cost/execution effects are not the responsibility of
the ENG|NEER, to the extent that ENGINEER has exercised the applicable and appropriate
standard of professional care, thoroughness, and judgment in performing such investigations.
SECTION 7 PROJECT SCHEDULE AND BUDGET
71 The general PROJECT schedule and the budget for both the entire PROJECT and its component
tasks shall be as set forth inthis AGREEMENT and attached Exhibits. 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 ofthis AGREEMENT. The performance dates
and budgets for tasks may bemodified only upon written agreement ufthe parties hereto. The
performance date for tasks and the completion dote for the entire PROJECT shall not be
extended, nor the budget increased because of any unwarranted delays attributable to the
EN(]|NEER, but may be extended or increased by the CITY in the event of delay caused by
special aon/ioea requested by the CITY or honeuoe of unavoidable delay onuaad by any
governmental action orother conditions beyond the control of the ENGINEER which could not be
reasonably anticipated oravoided.
7.2 Not later than the tenth UOm\ day of each calendar month during the performance of the
PROJECT, the ENGINEER shall submit to the C|TYt Representative m copy of the current
onhadu|a and n written narrative description of the WORK accomplished by the ENGINEER and
oobuonsuKanta on each task, indicating e good faith estimate of the percentage completion
thereof onthe last day ofthe previous month. Additional oral orwritten reports shall beprepared
at the CITY's request for presentation to other governmental agencies and/or to the public.
SECTION 8 REUSE OF DOCUMENTS
81 All internal WORK products of the ENGINEER are instruments or services of this PROJECT.
There ahnU be no reune, nhanAo, or alteration by the CITY or others acting through or on behalf
of the CITY without written permission of the EN8|NEER, which nhoU not be unreasonably
withheld and will beotthe C|TY"ssole risk. The CITY agrees tuindemnify the ENGINEER and its
offioara, nmp|nyonn' nuboontrootore, and affiliated corporations from all claims, damages, |oaaeu'
and costs ino|uding, but not limited to. litigation expenses and attorney'a 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, |ouaom, and costs including, without limitation,
litigation expenses and attorney fees if they were caused by the ENGINEER's own negligent acts
or omissions.
8.2 The ENGINEER ograoa that any and all plons, drawingo, desiJna, opaciUcationo, computer
programs, technical reports, operating nmnuals, oo|ou|odiona, notea, 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 AGREEK8ENT, whether or not cornp|sto, shall be owned by and
vested inthe CITY.
8.3 All rights to patents, tnademerks, oopyrightn, and trade secrets owned by ENGINEER (hereinafter
"Intellectual Property" as well as any modifications, updates, orenhancements tosaid Intellectual
Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER
does not grant CITY any right orlicense tosuch Intellectual Property.
SECTION 9 AUDIT AND ACCESS TO RECORDS
01 The ENG|NEER, including its muhnumaultant . ahoU maintain bnoka, rononja, 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 C|TY, or the C|TY'o duly authorized ropnasontaUvn, mhuU have 0000nn to such booku,
n000nda, dnrumenta, and other evidence for inopaotion, audit, and copying fora period of six (U)
years after completion of the PROJECT. The CITY shall also have eucoaa to such buuka,
r000rdo, and documents during the performance of the PROJECT VVDRK, if deemed necessary
bythe CITY, tuverify the ENG|NEER'sWORK and invoices.
9.2 Audits conducted pursuant to this section shall boin 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
n000ndu pursuant to this uaoUon 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 napud and that the final audit report will include
ENG|NEER'uwritten comments, ifany.
0.4 The ENGINEER uhoU ensure that the foregoing paragraphs are included in each subcontract for
WORK on the PROJECT.
9.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY.
SECTION 10 INSURANCE
101 At all times during performance of the WORK or obligations under this AGREE&4ENT.
ENGINEER shall secure and maintain in effect insurance to protect the CITY and the ENGINEER
from and against all n|oime. damages, |oaeeo, and axpannoe arising out of or resulting from the
performance of this AGREEMENT. ENGINEER ahoU provide and maintain in force insurance in
limits no |mae than those stated be|nvv, as applicable. The CITY maopnes the right to require
higher limits should it deem it necessary in the best interest of the public. If ENGINEER omnios
higher coverage limits than the |imndm stated ba|mw, such higher limits oho|| be shown on the
Certificate of Insurance and Endorsements and ENGINEER uhe|| be named as on additional
insured for such higher limits. Failure by the CITY to demand such verification of coverage with
these insurance requirements or failure of the CITY to identify o deficiency from the insurance
documentation provided shall not be construed as ewaiver ofENG|NEER'u obligation to maintain
such insurance. ENG|NEER'o insurance nnvorog* uhnU be primary insurance with respect to
those who are Additional Insureds under this AGREEMENT. Any ineuxonoo, self-insurance or
insurance pool coverage maintained by the CITY ehoU be in oxoeou of the ENG|NEER'a
insurance and neither the CITY nor its insurance providers shall contribute to any ne#|onnontm'
defense costs, orother payments made byENG|NEER'oinsurance.
1011 Commercial General Liability Insurance. Before this AGREEMENT isfully executed
by the partieo. ENGINEER shall provide the CITY with a certificate of insurance as proof
of commercial liability insurance and commercial umbrella liability insurance with e total
liability limit of the limits required in the po|iry, subject to minimum |irnds of Two Million
Dollars ($2'000'000.00) per occurrence combined single limit bodily injury and property
damage, and Two Million Oo||ons ($2.000.000.00) 0mnanm| aggregate. The certificate
shall clearly state who the provider is, the onvenoAe amount' the policy number, and
when the policy and provisions provided are ineffect. Said policy shall beineffect for the
duration ofthis AGREEMENT. The policy shall name the CITY, its elected and appointed
ofhuim|o, oMicers, agentm, employees, and volunteers aaadditional 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.
101.2 Commercial Automobile Liability Insurance.
101.21 UENGINEER 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.
101�.2 K ENGINEER dues not own any vehicles. only "Non -owned and Hired
Automobile Liability" will be required and may be added to the ounomencin|
AGREEMENT, which is Section 1011 entitled "Commercial General Liability
101.2.3 Under either situation described above in Section 101.21 and Section
101.2.2. the required certificate of insurance ahoU 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 affeo( for the duration
of this AGREEMENT. The policy nhoU name the C|l`y, its elected and
appointed offioim|o, oMioem, agnnts, emp|oyeee, and volunteers as additional
insureds. The insured ohmU not oenno| orchange the insurance without first
giving the CITY thirty (30) calendar days prior written notice. The insurance
shall be with on insurance company or onrnpmniea rated A'V|| or higher in
Bent'aGuide and admitted inthe State ofWashington.
101.3 Statutory workers' compensation and employer's liability insurance as required by state
101.4 Professional Liability Coverage. Before this AGREEMENT is fully executed by the
padies. ENGINEER nhoU provide the City with a certificate of insurance as proof of
professional liability coverage with otute| liability limit nfthe |innho required in the policy,
subject tuminimum limits ofTwo Million [}n||ona($2.UOO'0OU.UO) per claim, and Two
Million Dollars ($2.000.000.00) ugVraQota. The certificate ahe|| clearly state who the
provider is, the ouvonugo amount, the policy numnhor, and when the policy and
provisions provided are in effect. Said policy aheU be in effect for the duration of this
Contract. The insured shall not nonoe| orchange the insurance without first giving the
CITY thirty (30) calendar days prior written notice. The insurance shall be with an
insurance ounnpony or companies rated A,V|| or higher in Besi'o Guido. If the policy is
written on a claims -made basis the coverage will continue in force for an additional two
(2)years after the completion ofthis AGREEMENT.
Failure of either or all of the additional insureds to report a claim under such insurance
nhmU not prejudice the rights of the COY' its elected and appointed officials, officers,
employees, agents, and representatives there under. The CITY and the C|TY'aelected
and appointed of8cia|u, ofOuom, phnoipo|s, emp|nyoeo, raprenonbtivee, and agents
shall have no obligation for payment of premiums baoouuo of being named as
additional insureds under such insurance. None of the pu|ioiou issued pursuant to the
requirements contained herein oheU be cmnno|od' o||mwad to expire' or changed in any
manner that affects the rights of the CITY until thirty (30) days after written notice to the
CITY ofsuch intended cancellation, expiration orchange.
10.2 If at any time during the life of the AGREEMENT, or any oxtannion. ENGINEER hails to maintain
the required insurance in full force and nMeot. all WORK under the AGREEMENT shall be
discontinued immediately. Any failure to maintain the required insurance may be sufficient cause
for the CITY toterminate the AGREEMENT.
SECTION11 SUBCONTRACTS
111
ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract
any portion ofthe WORK tobaperformed under this AGREEMENT. However, ENGINEER shall
be considered the Prime Contractor hereunder and shall be the sole point ofcontact with nogund
to all contractual matters arising hereundor, including the performance of WORK and payment of
any and all charges resulting from contractual obligations.
11.2 Any subconsultants orsubcontractors tnthe ENGINEER utilized onthis PROJECT, including any
substitutions thereof, will be subject to prior approval by CITY, which approval shall not be
unreasonably withheld. Each subcontract shall be subject to review by the C|TY'a
Representative, if requested, prior to the ouboonsu|tant or subcontractor proceeding with the
WORK. Such review ehe|| not constitute an approval as to the legal form or content of such
subcontract. The ENGINEER ohn|| be responsible for the architectural and engineering
performance, acts, and omissions of all persons and firms performing subcontract WORK,
11.3 CITY hereby authorizes the ENGINEER 1osubcontract with the following persons orfirms for the
purpose ofcompleting this AGREEMENT:
° GNNorthern, Inc.
• Baer Testing, Inc.
11.4 The ENGINEER shall yubnit, along with its monthly hnvoicaa, u description of all VV(]RK
completed by nubuunnuKonta and subcontractors during the preceding month and copies of all
invoices thereto.
11.5 If dissatisfied with the bockground, podorn)anoe, and/or general methodologies of any
subcontractor, the CITY may request in writing that the subcontractor be removed. The
ENGINEER shall comply with this request at once and shall not employ the subcontractor for any
further WORK under this AGREEMENT.
SECTION 12 ASSIGNMENT
12.1 This AGREEMENT is binding on the heiro, auooenaom and assigns of the parties hereto. This
AGREEMENT may not be assigned byCITY orENGINEER without prior written consent cfthe
other, which consent will not be unreasonably withheld. The ENGINEER for itself and its hoiro,
executors, administrators, successors, and assigns, does hereby agree to the full performance of
all of the covenants herein contained upon the part ofthe ENGINEER. |tinexpressly intended
and agreed that no third -party beneficiaries are created by this AGREEK8ENT, and that the rights
and remedies provided herein shall inure only to the benefit of the parties to this AGREEMENT.
SECTION13 INTEGRATION
131 This AGREEMENT represents the entire understanding of CITY and ENGINEER as to those
mm#om contained herein. No prior ono| or written understanding shall be of any force or effect
with respect tothose matters covered herein. This AGREEMENT may not be modified or altered
except inwriting signed byboth parties.
SEClOON14 JURISDICTION AND VENUE
141 This AGREEMENT ahoU be administered and interpreted under the laws of the State of
Washington. Jurisdiction of litigation ohninQ from this AGREEMENT ohoU be in Washington
State. If any part of this AGREEMENT is found to conflict with applicable laws, such part shall be
inoperative, nuU, and void insofar as it conflicts with said |ovvo' but the remainder of this
AGREEMENT shall be in full force and effect. Venue for all disputes arising under this
AGREEMENT shall lie in a court nfcompetent jurisdiction in Yakima Cuunty, Washington.
SECTION16 EQUAL EMPLOYMENT and NONDISCRIMINATION
151 During the performance ofthis AGREEMENT, ENGINEER and ENG|NEER'n euboonuu8unto and
subcontractors nhmU not discriminate in viu|oUun of any applicable federal, state and/or local law
or regulation on the basis of age, new, race, onoed, religion, on|ur' national origin, marital otatum,
dioabi|dy, honorably discharged veteran ormilitary status, pnagnonny, aaxum| oh*ntaUon, and any
other classification protected under federal, state, or |uoa| law. This provision ohoU include but
not be limited to the following: amnp|oymnent, upgrading, demotion, tnanofer, recruitment,
udmadioinA. layoff ortermination, nutan of pay or other forms of compensation, selection for
troining, and the provision of services under this AGREEMENT. ENGINEER agrees to comply
with the applicable provisions of State and Fndono| Equal Employment Opportunity and
Nondiscrimination statutes and regulations.
SECTION 16 SUSPENSION OF WORK
16j CITY may munpond, in writing by certified nnai|, all or a portion of the WORK under this
AGREEMENT if unforeseen circumstances beyond C|TY's onnbn| are interfering with normal
progress of the WORK. ENGINEER may suspend, in writing by certified moi|, all oro portion of
the WORK under this AGREEMENT if unforeseen circumstances beyond ENG|NEER'u control
are interfering with normal pnugneon of the WORK. ENGINEER may suspend WORK on the
PROJECT in the event CITY does not pay invoices when due, except where otherwise provided
bythis AGREEMENT. The time for completion ofthe WORK shall beextended bythe number of
days WORK is suspended. If the period of suspension exceeds ninety (00) days, the terms of
this AGREEMENT are subject to ranogoUaUon, and both pediaa are granted the option to
terminate WORK on the suspended portion of PROJECT in accordance with SECTION 17.
SECTION 17 TERMINATION OF WORK
171 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. Hmwnver, nosuch 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, nfintent toterminate; 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.
17.2 In addition to termination under subsection 171 of this GeoUon. CITY may hanninoto this
AGREEMENT for its convenience, in whole or in part. provided the ENGINEER is given: (1) not
|anm than fifteen (15) calendar days written notice delivered by oortUUad mai|, return receipt
requested, ofintent toterminate; 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 mode. but (1) no amount ohoU be allowed for anticipated
profit on unperformed services orother WORK, and (2) any payment due hu the ENGINEER at
the time of termination may be adjusted to the extent of any additional uuabo or damages CITY
has inournad, or is likely to inour, because of the ENG|NEER's breach. In such evont. CITY shall
consider the amount of WORK originally required which was anUutactoh|y completed to date of
termination, whether that WORK is in a form orufo type which is uomb|a 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 o0rooe to pay CITY for any
and all damnaAeo, uuntm' and expenses whether directly, indiract|y, or consequentially caused by
said default. This provision shall not preclude CITY from filing claims and/or commencing
litigation to 000uno compensation for damages incurred beyond that covered by contract
retoinoge orother withheld payments.
17.4 |fthe ENGINEER terminates for default mnthe part ofCITY mifCITY terminates for convenience,
the adjustment pursuant to the AGREEMENT shall include payment for services uuUetaoboh|y
performed tothe date of termination, in addition totermination settlement costs the ENGINEER
reasonably incurs relating to ounnmitnnantm which had become firm before the termination, un|ana
CITY determines toassume 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)ddivar
or otherwise nnoka available to CITY all originals of data, drawings, specifications, om|ou|oUono'
nopoha, oatimobaa, summuhes, and such other information, documanb, and modeho|n as the
ENGINEER or its nubconou|tontm may have accumulated or prepared in performing this
/\GREEK8ENT, whether completed or in pnuQreaa, with the ENGINEER retaining copies of the
same.
17.6 Upon termination under any subparagraph abov*. CITY nemmn/ee the right to prosecute the
WORK 1ocompletion utilizing other qualified firms orindividuals; provided, the ENGINEER shall
have no responsibility to prosecute further WORK thereon.
177 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 avan1` the adjustment pursuant to the AGREEMENT shall be
determined aoset forth insubparagraph 17.4ofthis Section.
17.8 If, because of death, unavailability, or any other occurrence, it boconloo innpouaiNa for any key
personnel employed by the ENGINEER in PROJECT WORK or for any corporate nfhoor of the
ENGINEER to render his services tothe PROJECT, the ENGINEER shall not be relieved of its
obligations to complete padbnnonoe under this AGREEMENT without the concurrence and
written approval nfCITY. |fCITY agrees tutermination ofthis AGREEMENT under this provision,
payment shall bamade mnset forth insubparagraph 17.3ofthis Section.
SECTION 18 DISPUTE RESOLUTION
18] In the event that any dispute ehoU arise as to the interpretation or performance of this
A0REEK8ENT, or in the event of notice of default as to whether such default does constitute n
breach ofthe contract, and if the parties hereto cannot mutually settle such differences, then the
parties shall first pursue mediation as o means to resolve the dispute. If neither of the afore
mentioned methods are ounomsafu| then any dispute ra|oUnU to this AGREEMENT oho|| be
decided inthe courts ofYakima County, inaccordance with SECTION 14. |fboth parties consent
in writing, other available means of dispute resolution may be implemented.
SECTION 19 NOTICE
101 Any notice required to be given under the terms of this AGREEMENT nhoU be directed to the
party otthe address set forth below. Notice shall beconsidered issued and effective upon receipt
thereof by the addressee- party, or seventy-two (72) hours after mailing by certified mail to the
place nfbusiness set forth below, whichever iuearlier.
CITY: City nfYakima
Attn: Mike 8hono, Water/Irrigation Engineer
Dana Nm||exiQ, Wastewater Utility Project Manager
12QNorth 2ndStreet
Yakima, VVA080U1
ENGINEER: HLAEnQinpering and Land Surveying, Inc. (HLA)
Attn: Michael T.Battle, PE, President
280River Road
Yakima, WA 98902
SECTIONJ0 INSPECTION AND PRODUCTION OF RECORDS
201 The records relating to the WORK shall, at all Unnen, be subject to inspection by and with the
approval of the CITY, but the making of (or failure or delay in making) such inspection or approval
shall not relieve ENGINEER ufresponsibility for performance of the WORK in aooundonoo with
this AGREEK8ENT, notwithstanding the C|TY'o knowledge of defective or non -complying
pehornnonre, its substantiality or the aoae of its discovery. ENGINEER shall provide the CITY
sufficient, safe, and proper facilities, and/or send copies of the requested documents to the CITY.
ENGINEER's records relating to the WORK will be provided to the CITY upon the CITY's request.
20.2 ENGINEER shall promptly furnish the CITY with such information and records which are related
tothe WORK o[this AGREEMENT aomay berequested bythe CITY. Until the expiration ofsix
(0) years after final payment of the compensation payable under this AGREEMENT, or for a
longer period if required by |avv or by the Washington Secretary of Etete'a record retention
ochadu|*. ENGINEER shall retain and provide the CITY access ho (and the CITY shall have the
right to u*mmnine, audit and copy) all ofEN(S|NEER'u bookn, documantu, papers and records
which are related to the WORK performed by ENGINEER under this AGREEMENT.
20.3 All records relating to ENGINEER's services under this AGREEMENT must be made available to
the CITY, and the records relating to the WORK are CITY records. They must be produced to
third padies, if required pursuant to the Washington G1o1a Public Records Ac{, Chapter 42.50
RCW, or by law. All records relating to ENG|NEER'a uarvinoo under this AGREEMENT must be
retained by ENGINEER for the minimum period of time required pursuant to the Washington
Secretary ofGtote'arecords retention schedule.
Pogm11
20.4 The terms of this section shall survive any expiration or termination of this AGREEMENT.
SECTION 21 COMPLIANCE WITH THE LAW
211 ENGINEER agrees to [mhbnn all WORK under and pursuant to this AGREEMENT in full
compliance with any and all applicable |avvo' rules, and regulations adopted or promulgated by
any governmental oUonoy or regulatory body' whether federal, state, |ona|' or otherwise, including
policies adopted by the CITY, as those |avvn' ondinanooe, rules, regulations, and policies now
exist ormay hereafter be amended or enacted. ENGINEER ehu|| procure and have all applicable
and necessary permits, licenses and approvals of any fodere|, atoto. and local government or
governmental authority or this project, pay all charges and feen, and give all notices necessary
and incidental tothe due and lawful execution ofthe WORK.
21.2 ENGINEER shall procure and have all applicable and necessary permits, licenses and approvals
of any hedonoi state, and local government or governmental authority or this pnojoot, pay all
charges and fees, and give all notices necessary and incidental to the due and lawful execution of
the WORK.
21.31 Procurement of City 8uainnan License. ENGINEER nxmt procure a City of Yakima
Business License and pay all charges, fees, and taxes associated with said license.
21.2.2 ENGINEER must provide proof of m valid Washington department of Revenue atoba
excise tax registration number, as required in Title 85 RCW.
21.2.3 ENGINEER must provide proof ufm valid Washington Unified Business Identification
VJ80 number. ENGINEER must have e ounard UB| number and not be disqualified
from bidding onany public works contract under RCVV38.O0.O1Oor3Q.12.O85(3).
21.2.4 ENGINEER must provide proof of o valid Washington Employment Security Department
number as required by Title 50 RCW.
21.2.5 Although the CITY does not require h`r*k]n
corporate proposers to qualify in the CITY, County or State prior to submitting a proposal,
it is apaci8no||y understood and agreed that any such corporation will promptly take all
necessary nn000uroo to become authorized to conduct business in the City of Yakima, at
their own oxponao' without regard to whether such corporation is notuo||y avvmndad the
contnont, and in the event that the avvund is mado, prior to conducting any business in the
SECTION 22 MISCELLANEOUS PROVISIONS
221 Pay transparency nondiscrimination. The ENGINEER will not discharge or in any other manner
dkyodmineh» against employees or applicants because they have inquired about, diaousood, or
disclosed their own pay or the pay of another employee or applicant. However, employees who
have moceao to the compensation information of other employees or applicants no n pad of their
essential job functions cannot dion|uae the pay of other ennp|oy000 or applicants to individuals
who do not otherwise have access to compensation infomnotion, unless the disclosure is (a) in
response to n fonno| complaint or charge, (b) in furtherance of an invesUOotion, pr000eding,
haaring, or action, including an investigation conducted by the employer, or consistent with the
contractor's legal duty to furnish information.
22.3 Gevanobi|Vy. U any bynn or condition of this AGREEMENT or the application thereof to any
person(s) or circumstances is hok] invalid, such invalidity ohuU not affect other terms, conditions
or applications which can be given effect without the invalid term, condition or application. To this
end, the terms and conditions ufthis AGREEMENT are declared severable.
22.4 Agreement documents. This AGREEMENT, the Request for Qualifications 8 Proposals No.
12215O, titled Oaaiyn and Construction Gervioos, cunddiona, uddendo, and modifications and
EN(S|NEER'a pnopnuu| (to the extent consistent with Yakima City documents) constitute the
Agreement Documents and are complementary. Specific Federal and State laws and the terms
ofthis AGREEMENT, in that order rempnctiva|y, supersede other inconsistent provisions. These
Agreement Documents are on 8|a in the Office of the Purchasing Manager, 129 No. 2nm 88,
Yakima, WA, 98901, and are hereby incorporated by reference into this AGREEMENT.
22.5 Notice ofchange infinancial condition. If, during this AGREEMENT, the ENGINEER experiences
a change in its financial condition that may affect its ability to perform under the AGREEMENT, or
experiences a change of ownership or control, the ENGINEER shall immediately notify the City in
writing. Failure to notify the City of such m ohonQo in financial condition or change of ownership
orcontrol shall basufficient grounds for termination.
22.6 No conflicts of interest. ENGINEER represents that U or its employees do not have any interest
and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner
or d*gnym with the performance of this AGREEMENT. ENGINEER further covenants that it will
not hire anyone or any entity having such m conflict ofinterest during the performance of this
AGREEMENT.
227 Promotional advertising prohibited. Reference to or use of the C|TY, any of its departments,
agencies orother subunits, or any official or employee for commercial promotion is prohibited.
News releases pertaining to this procurement shall not be made without prior approval of the
CITY. Release of broadcast emails pertaining to this procurement shall not be made without prior
written authorization ufthe CITY.
22.8 Time isofthe essence. Timely provision ofthe WORK required under this AGREEMENT shall bo
of the essence of the AGREEMENT, including the provision of the WORK within the time agreed
nronadate specified herein.
22.0 VVokmr of breach. A waiver by either party hereto of breach of the other party hereto of any
covenant or condition of this AGREEMENT shall not impair the right of the party not in default to
avail itself ofany subsequent breach thereof. Lenionoy, delay or failure ofeither party to insist
upon strict performance of any ogneannant, covenant or condition of this AGREEK8ENT, or to
exercise any right herein given in any one urmore inntoncou, aheU not be construed as avvaiver
orrelinquishment ufany such agreement, covenant, condition orright.
2210 Force K8ajaura. ENGINEER will not be responsible for delays in delivery dun to acts of God, finn,
nthhas. riots, delay in bonopodoUon, or those effects of epidemics or pandemics that could not
have been reasonably anticipated or mitigated through acts of the ENGINEER; provided
ENGINEER notifies the CITY immediately in writing of such pending or actual delay. Normally in
the event of such delays, the date of delivery of WORK will be extended for a period of time equal
tothe time lost due 10the reason for delay.
2211 Authority. The person executing this AGREEMENT on behalf ufENGINEER represents and
warrants that they have been fully authorized byENGINEER toexecute this AGREEMENT onits
behalf and to legally hind ENGINEER to all herma, pedbnnannna, and provisions of this
AGREEMENT.
2212 Survival. The foregoing naoUona of this AGREEMENT, indusive, shall survive the expiration or
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their
respective authorized officers or representatives as of the day and year first above written.
CITY OF YAKIMA
Signature
Printed Name: Robert Harrison.
Title: City Manager
Date:
Attest
Sonya C apr Tee, City Clerk
Resolution: R-2022- 10(1
Contract 2022-1410
HLA ENGINEERING AND LAND SURVEYING, INC.
Printed Name:
Title:
Michael T. Battle, PE
President
Page 14
STATE OF WASHINGTON
) ss..
COUNTY OF YAKIMA
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 N
My commission expires:
Page 15
STATE OFVVA8H|NGTON
COUNTY OF YAKIMA
|cedify that | know orhave satisfactory evidence that Michael T`Battle, pE_I is the person
who appeared before nnn, and said person acknowledged that he/she signed this instrument, on oath
stated that he/she was authorized to execute the inatrumnont, 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 inthe instrument.
Oeiad:
�4
Seal or Stamp
LA-
10,
'-
PrintedName
`
My commission expires: ,.T*
10
�
EXH|B|TA—PROJECT SCOPE OF SERVICES
CITY OF YAN0MA
WATER/IRRIGATION AND WASTEWATER DIVISIONS
LOW-INCOME AND UNSERVEDUTILITY AREAS
Padbnn Engineering aomicoa as requested by the CITY for the Water/irrigation and Wastewater System
Capital Improvements. CITY shall create Task Ordar(s)for each specific task assigned. All Task Orders
will be mutually agreed upon for specific scope of work, time of performance and fee for service, prior to
approval by the CITY and commencement nfsubsequent work. Each invoice prepared by ENGINEER
nheU specify the Task Order for which payment in requeotod, the work performed thereon during the
invoice period, and any specific information related to the identified Tasks.
The contract term for this AGREEMENT shall befor calendar years 2022.2023.2024.2025and 2026.
Task Orders in progress and budgeted during this bann shall be completed in noonrdonuo with the
approved schedule for each Task Order.
The Water System Capital Improvements shall be based onthe following, asdirected bythe CITY:
Areas identified as low-income and currently not served by a City of Yakima public water system.
The Wastewater System Capital Improvements shall be based on the following, as directed by the CITY:
Areas identified as low-income and currently not served by a City of Yakima public sanitary sewer system.
All Task Orders will be based on the improvements identified by the City of Yakima and HLA Engineering
and Land Surveying, Inc. These Plans are subject to change by the CITY an individual capital
improvements are completed and/or new areas nfpriority are identified. Improvements will bedetermined
bythe CITY and Task Orders developed accordingly.
EXHIBIT
SCHEDULE OF RATES
FOR
.HLA Engineerinqand Land Inc~
Effective January 1,2022,through December 31'2022
Senior Principal Engineer $235.00per hour
Licensed Principal Land Surveyor $215.00per hour
Licensed Principal Engineer $21U.UOper hour
Licensed Professional Engineer $180.OUper hour
Other Licensed Professional $180.00per hour
Project Engineer || $173.OUper hour
Licensed Professional Land Surveyor $17U.0Oper hour
Project Engineer | $155.UOper hour
Contract Administrator ||| $142.00per hour
Senior Planner $14O.DOper hour
CAD Technician $130.00per hour
Engineering Technician ||| $12B.OUper hour
Resident Engineer $128.00per hour
Surveyor $120.00per hour
Surveyor onTwo Man Crew $12U.UOper hour
Contract Administrator || $118.00 per hour
Engineering Technician || 8110.00per hour
Surveyor onThree Man Crew $1O5.00per hour
Contract Administrator | $&1.OUper hour
Engineering Technician | $O1.DOper hour
Administrative/Clerical $01.00per hour
Vehicle Mileage Federal Rate
EXHIBIT
SCHEDULE OPRATES
FOR
.HLA^ Engineering and/Land 'Surveying, Inc.
Effective January 1, 2023, through December 31, 2023
Senior Principal Engineer $245.8Oper hour
Licensed Principal Land Surveyor $22O.00per hour
Licensed Principal Engineer $218.U0per hour
Licensed Professional Engineer $1Q8.00per hour
Other Licensed Professional $186.00per hour
Project Engineer || $18O.UOper hour
Licensed Professional Land Surveyor $175.OUper hour
Project Engineer | $101.00per hour
Contract Administrator ||| $147.00 per hour
Senior Planner $145.O0per hour
CAD Technician $141.00per hour
Engineering Technician ||| $133.00per hour
Resident Engineer $133.OUper hour
Surveyor $128.00per hour
Contract Administrator || $122.UUper hour
Surveyor nnTwo Man Crew $122.0Oper hour
Surveyor onThree Man Crew $1OG.00per hour
Engineering Technician || $114.00per hour
Contract Administrator | $05.00 per hour
Engineering Technician | $Q5.00per hour
Admin iutmmtive/C|orioa| $85.00 per hour
Vehicle K8i|aeQe Federal Rate
EXHIBIT B
SCHEDULE OF RATES
FOR
HLA Engineering and Land Surveying, Inc.
Effective January 1,2024,through December 31.2024
Senior Principal Engineer $255.00per hour
Licensed Principal Engineer $228.00per hour
Licensed Principal Land Surveyor $225.00per hour
Licensed Professional Engineer $2O5.00per hour
Other Licensed Professional $2D4.UOper hour
Project Engineer || $187.00perhour
Licensed Professional Land Surveyor $18O.ODper hour
Project Engineer | $10O.0Oper hour
Contract Administrator ||| $152.00 per hour
Senior Planner $148.U0per hour
CAD Technician $146.00per hour
Engineering Technician ||| $138.DOper hour
Resident Engineer $13T.OUper hour
Surveyor $132.O0per hour
Contract Administrator || $126.00 per hour
Surveyor onTwo Man Crew $125.DDper hour
Surveyor on Three K8on Crew $110.00 per hour
Engineering Technician || $118.00 per hour
Contract Administrator | S98.00 per hour
Engineering Technician | $98.00 per hour
Administrative/Clerical $88.00 per hour
Vehicle K8i|mago Federal Rote
End of Exhibit B
For City of Yakima Use Only:
�
Contract No,,
� �
Resolution No. ___~.~._�~_. /
TASK ORDER NO. 2022-01
REGARDING AGREEMENT BETWEEN CITY OFYAh3MA
(CITY CONTRACT NO. 2O22-)qt) . RESOLUTION NO. R-2U22')0q )
AND
HLA ENGINEERING AND LAND SURVEYING, INC.
PROJECT DESCRIPTION:
Water/irrigation and Wastewater Divisions
HLA Project No. 22133E
The City of Yakima (CITY) desires to make available both domestic water and sanitary sewer in low-income
and currently unaonxyd areas of northeast, nodhnerdre|, and enuthoentus| Yakima. Improvements are to
consist of water distribution moina, sanitary sewer collection mains, enmioe lines to existing right of way,
associated improvements, and surfacing repair.
Improvements in the northeast area generally fall east ofN. 2nd Street, west ofN. 0th 0tneet, north of
Erickson Lane and south of Interstate 82. Improvements in the northcentral area generally fall east of 20th
Avenue, West Of 18th Avenue, north of McKinley Avenue and south of Englewood Avenue. Improvements
in the southcentral area generally fall east of Pleasant Avenue, west of S. 1 Oth Avenue, north of King Street
extended, and south o[W.Mead Avenue.
SCOPE OF SERVICES:
At the direction of the CITY, HLA Engineering and Land Surveying, Inc. (HLA), shall provide professional
engineering and land surveying services for the PROJECT. HLAservices shall include:
Fundinal Some Recommendations and-Agplications
1~0 11 Assist CITY with identifying funding sources applicable to the PROJECT,
1.2 As directed, assist the CITY with preparation and submittal of funding application(s),
2.1 Provide complete project management to deliver the PROJECT within mutually determined
expectations.
2.2 Attend kick-off meeting with the CITY to identify extent and type of improvements.
2.3 Provide preliminary cost estimate(s) for CITY selected initial improvements.
2.4 Perform detailed topographic survey of the PR(3JECToraa(s) as required to complete design,
plans, and apaniUumUono' including call for utility locates and obtaining invert elevations of
existing infrastructure (no potholing is anticipated to be performed).
2.5 Research and identify existing easements and right of way limits for the PROJECT.
2.6 Perform field investigations necessary to design the identified improvements.
s:\Contractsu,ask o &/,�atior and Wastewater Collections\2022-08-01 COYW&I and WW Collections Task Order 2022-0,,docx
Page of1O
27 Complete review ofthe existing system, connection locations and looping oUonnnbves, and
provide any change in improvement recommendations from CITY uekyutod initial
improvements.
2.8 Review and identify public and private utilities within the PROJECT area.
2.8 Perform the preliminary design. Present, review, and discuss preliminary plans with the CITY
210 Provide quality assurance and quality control review for each level ofdesign completion (3U96.
211 Coordinate Agency rovavvm and incorporate Agency comments for each level of design
212 On basis of approved preliminary plans, perform the final design, and prepare complete plans
and specifications for publicly -bid improvements, as authorized by the CITY.
213 Prepare the Engineer's Estimate cfconstruction cost.
.3.0 Biddina and Construction Engineenna
Bidding and Construction Engineering -services will be added as a separate Task Order or amendment to
this Task Order once the CITY moves forward with construction.
4'0 Additional Services
Provide professional engineering and land surveying aon/icaa for additional work requested by the CITY
that ionot included above.
5.0 Items to �e Furnished and
� �Restoonsibilitv of CITY
The CITY will provide orperform the following:
5.1 Provide full information oatnCITY requirements ufthe PROJECT.
52 Assist HLA by placing uttheir disposal all available information pertinent to the PROJECT,
including previous nepoda, drawings, plats, oumeyo, utility n000ndo, and any other data relative
todesign and construction ofthe PROJECT.
5.3 Provide staff and equipment to pothole at specific uroon of potential conflict or interest,
necessary to confirm the design.
5.4 Contact property owners affected by the PROJECT and gain necessary access to property for
field investigation, design, and construction of improvements.
5.5 Examine all ntudian, nopudn, uketohoa, eaUmatan, opaoifine1innm, dnawinAn, pnop000|o, and
other documents presented by HLA and provide written decisions within a reasonable time as
not to delay the work nfHLA.
5]} Obtain approval of all governmental authorities with jurisdiction over the PROJECT and
approvals and consents from other individuals or bodies as necessary for completion of the
urosk & Irrigation And Wastewater oovwaI And vwvCollections Task Order
TIME OF PERFORMANCE:
WATERIIRRIGATI0NDIVI'SI0N
The services called for inthis Task Order shall bocompleted anfollows:
1.0 Funding Source Recommendations and Applivations
These services shall begin immediately following receipt of the signed Task Order and continue until funding
in secured for bidding and construction of the PROJECT. Once a funding source is iderdified, the
associated funding application will be completed within a mutually agreeable timeframe.
P|eno, npeuificobunm' and cost estimate for this phase shall be completed within one -hundred sixty (100)
working days following receipt of signed Tooh (]njoc It is anticipated one complete bid package will he
prepared for all improvements. |fthe City directs oportion ufthe work and/or multiple bid packages, then
time of completion to prepare multiple bid packages will be mutually agreed and included under an
amendment to this agreement for Bidding and Construction Services.
3^0 Bidding and Construction Engineering,
Time of completion for work directed by the CITY for this phase shall be negotiated and mutually agreed
upon when services are requested bythe CITY.
4.0 Additional Services
Time of completion for work directed by the CITY for this phase ahoU be negotiated and mutually agreed
upon when services are requested by the CITY.
WASTEWATER COLLECTIONS DIVISION
1^0� Funding Source Recommendations and Applications
These services shall begin immediately following receipt ufthe signed Task Order and continue until funding
is secured for bidding and construction of the PROJECT. Once a funding source is Nentified, the
associated funding application will be completed within m mutually agr000b|e{imofn*nna.
2.0iDesign Engineerinjj
Phsno' npecihcoUonu, and ouot estimate for this phase shall be completed within one -hundred nhdy (180)
working days following receipt of signed Task Ordec It is anticipated one complete bid package will be
prepared for all improvements. If the City directs a portion of the work and/or multiple bid packages, then
time of completion to prepare multiple bid packages will be mutually agreed and included under an
amendment tnthis agreement for Bidding and Construction Services.
3.0k Biddina and Construction Engineering'
Time of completion for work directed by the CITY for this phase nhoU be negotiated and mutually agreed
upon when services are requested by the CITY.
4.0 Additional Services
Time of completion for work directed by the CITY for this phase shall be negotiated and mutually agreed
upon when services are requested by the CITY.
urask Crders\Yakirra\2022\WateruIrrigation And Wastewater CollectIons\2022-08-01 COY M/And wwCollections Task Order
2022o1'cmn Page 3of7
FEE FOR SERVICE:
For services furnished by HLA as dounhbad in this Task Order, the CO-f egno*n to pay HLA the not to
exceed fees aaset forth in1.Oand 2.Ubelow. The amounts listed below may borevised only bywritten
agreement of both parties. A fee breakdown is provided in EXHIBIT 1 attached.
WATEMIRRIQATION DIVISION
1.0 F.unding_Pource Recommendations and Applications
Work directed by the CITY forthis phase shall be performed on a time -spent basis atthe hourly billing rates
provided in EXHIBIT B of the Agreement (City Contract No. 2022' . Resolution No. R'2022- ), plus
reimbursement for direct non -salary expenses as described in section 5.1.1 forthe estimated maximumfee
of$15.00O.
Work directed by the CITY for this phase shall be performed on a time -spent basis at the hourly billing rates
provided in EXHIBIT B of the Agreement (City Contract No. 2022' . Resolution No. F-2022- ), plus
reimbursement for direct non -salary expenses as described in section 5.1.1 forthe estimated maximum fee
nf$2O7.7OO. It is anticipated one complete bid package will be prepared for all improvements. |fthe City
directs a portion of the work and/or multiple bid packages, then work to prepare multiple bid packages will
be performed as additional services or under an amendmentto this agreement for Bidding and Construction
Gon/ioea.
3.0
BiddingEnaineerinA
Work directed by the CITY for this phase shall be negotiated and mutually agreed upon when services are
requested bythe CITY.
4.0 Additional Services
Additional work requested by the CITY not included above shall be authorized by the CITY and agreed to
by HLA in writing prior to proceeding with oenjuos. HLA shall perform additional services as
directed/authorized by the CITY nn e time -spent basis at the hourly billing no1on included in our General
Agreement (City Contract No. 2022' . Resolution No. R'2022- ), plus reimbursement for direct
non'aa|oryoxpenuea such as laboratory testing, printing ezponaea, out oftown travel costs, and outside
consultants.
WASTEWATER COLLECTIO&SDAMON
1.0 1 Funding Solurce Recommendations and Applications
Work directed by the CITY for this phase shall be performed on a time -spent basis at the hourly billing rates
provided in EXHIBIT 0 of the Agreement (CdY Contract No. 2022'. Resolution No. R-2022- ), plus
reimbursement for direct non -salary expenses asdescribed in section 5.1.1 forthe estimated maximumfee
of $15.000.
Design Engineerinfl
2.0 Work directed by the CITY for this phase shall be performed on a time -spent basis at the hourly billing rates
provided in EXHIBIT Bofthe Agreement (City Contract No. 2022'. Resolution No. R-2022� ), plus
reimbursement for direct non -salary expenses asdescribed in section 5.1.1 forthe estimated maximumfee
n[$32O.5UO. It is anticipated one complete bid package will be prepared for all improvements. |fthe City
directs a portion of the work and/or multiple bid packages, then work to prepare multiple bid packages will
heperformed ouadditional services orunder onamendment tuthis agreement for Bidding and Construction
8en/ioaa.
urask & Irrigation And Wastewater COY m&/And vwvCollections Task Order
3.0 Biddino and Construction Entineerint
Work directed by the CITY for this phase shall be negotiated and mutually agreed upon when services are
requested by the CITY.
4.0 Additional Services
Additional work requested by the CITY not included above shall be authorized by the CITY and agreed to
by HLA in writing prior to proceeding with services. HLA shall perform additional services as
directed/authorized by the CITY on eUmno-spont basis at the hourly billing rates included in our General
Agreement (City Contract No. 2022-1140. Resolution No. R-2022-/61 ), plus reimbursement for direct
non -salary expenses such as laboratory tooUng, printing expensee, out of town travel nonto, and outside
consultants.
CITY OFYAKIMA
Signature
HLA ENGINEERING AND LAND SURVEYING, INC.
Printed Name: . —Robert Harrison '~-- Printed Name: Michael T. Battle. PE
PresNent
1
CITY CONTRACT 0~RESOLUTION NO:iz-
urask & Irrigation And Wastewater omlemionm»02z-0o-01 COY wm/And vwwCollections Task Order
Page 5 of 7
EXHIBIT 1 — PROFESSIONAL SERVICES
Low -Income and Unserved Utility Areas, AC2570 (PROJECT)
Task Order No. 2022-01
HLA Project No. 22133E
For the services described in Task Order No. 2022-01, compensation shall be paid per Section 5 of the
Agreement (City Contract No. 2022-_, Resolution No. R-2022- ). The following spreadsheet shows
the estimated time and expenses to perform said services.
Project Title: Low -Income and Unserved Utility Areas
Client: City of Yakima
Task Order No, 2022-01
Date: July 27, 2022
Task
No.
Project Task
WATER/IRRIGATION DIVISION
1
2
Senior
Principal
En ineer
1.0 Funding Source Recommendations and Applications
Assist City with identifying funding sources applicable to
the PROJECT
Prepare and submit Funding applications
Labor Sublota
Task
No.
Project Task
, 2.0 Design Engineering - Water Division
1 , Project Management
2 !Project Kick-off Meeting
4
4
8
Licensed
Principal
En 'neer
1
6
12
18
Project
Engineer I
ENGINEER'S HOURLY ESTIMATE
Licensed
Land
Surveyor
Two Men
Survey
Crew
Senior
Planner
Admin/
Clerical
8
16
24
0
0
0
0
0
0
1.0 Funding Source Recommendations and Applications
Senior
Principal
En ineer
5
Licensed
Principal
Enctinaer
$ 10
24 24
Project Licensed
Engineer I Land
Surveyor
$155 $1701
6 6 0
0
0
12
18
30
Two Man CAD
Survey Technician
Crew
$241)
$136
0 0
O 4
4
12
16
Admin./
Ciedcal
591
16
0
Total Task Direct
Hours Costs
62
96
Total
Hours
64
16
$5,484
$9,552
$15,036
$15,000
Tesk Direct
Costs
$12,136
$3,214
3 Preliminary cost estimates for identified improvements
4 Detailed topographic survey
5 Review existing easements and right-oway
8 Fleld investigations
8
12 0
0 6 8
4 8 24
0
18
2
0
0 16
80 32
16 16
O 16
0
0
0
36
144
78
52
$6,576
$29,192
$13,956,
$8,516
7 Review and provide improvement recommendations
8 Review public and private utilities
9 Preliminary Engineering Design (30%, 60% and 90%)
10 In-house project review, queiity control (30%, 60% and
90%)
1Review Mend incorporate Agency comments (30%, 60%
1 !
iand 90%)
12 Final design, plans, and specifications
13 Prepare Engineer's Estimate of construction cost
a
EXPENSES:
Expenses:
Mileage
2 8 24
0 8
36 64 98
12 ' 18 24
8 18 32
8 18 18
2 4 8
108 200 266
OestfUnit
$0 93
Ground Days
0
8
2
0
0
2
0
60
Days
O 16
8 16
0 192
0 16
0
O 16
104 420
Miles
120
Units
0
16
6
8
4
74
50 $8,046
$10,856
414 $65,416
86 $13,952
104 $16,608
90 $14,068
34 $5,080
1232 $207,624:
$80
2.0 Design Engineering $207,700
TOTAL WATER/IRRIGATION DIVISION $222,700
\\Fs02 \General \Contracts & Task Orders \ Yakimak2022 \Water & Irrigation And Wastewater Collections\2022-08-01 COY W&I And VVW Collections Task Order
2022-01 Docx Page 6 of 7
EXHIBIT 1 — PROFESSIONAL SERVICES (Continued)
Low -Income and Unserved Utility Areas, SC2606 (PROJECT)
Task Order No. 2022-01
HLA Project No. 22133E
Project Title: Low -Income and Unserved Utility Areas
Client: City of Yakima
Task Order No. 2022-01
Date: July 27. 2022
Task
No.
Project Task
WASTEWATER COLLECTIONS DIVISION
Senior
Principal
En hear
1.0 Fuming Source Recommendations and Applications
Licensed
Principal
En ineer
Project
Engineer I
ENGINEER'S HOURLY ESTIMATE
Licensed
Land
Surveyor
17b
Two Man
Survey
Crew
5240
Senior Adrdnl
PlannerClerical
$14i 1$91
Total Hours
Task Direct
Costs
2
Assist City with identifying funding sources applicable to
the PROJECT
Prepare and submit funding applications
Lab -or Subt
4
4
6
6
12
18
8
16
24
0
0
0
0
0
0
12
18
30
4
12
16
34
6$484
62 $9,552
96 $15,036
$15,0001
Task Direct
Costs
Task
No.
Project Task
1.0 Funding Source Recommendations and Applications
Senior
Principal
Engineer
$23
2.0 DesignEngineeiing- Wastewater Collections Division
Licensed
Principal
Engineer
$ 0
Project
Engineer I
$155
Licensed
Land
Surveyor
Two Man
Survey
Crew
$24
CAD
Technician
Admin/
Clerical
Total Hour
2
3
4
5
6
Project Management
Project Kick-off Meeting
Preliminary cost estimates for identified improvements
Detailed topographic survey
Review existing easements and right-o1way
Field investigations
40
6
16
0
0
4
40
6
24
8
8
16
0
0
0
8
16
40
0
0
0
24
48
0
0
0
0
120
16
8
0
24 104 $19,984
6 0 18 $3.486
24 0 64 $12064
48 0 208 $42328
16 0 104 $113,336
24 0 92 $15,684
7
8
9
10
11
12
13
Review and provide improvement recommendations
Review public and private utilities
Preliminary Engineering Design (30%, 60% and 90%)
In-house project review, quality control (30%, 60% and
90%)
Review w/and Incorporate Agency comments (30%, 60%
.and 90%)
Final design, plans, and specifications
Prepare Engineer's Estimate of construction cost
Labor SubicIai
EXPENSES:
2
0
48
12
8
8
4
148
16
8
96
18
24
24
8
296
40
24
180
32
48
36
18
442
0
12
4
0
0
4
0
92
0
8
0
0
0
0
0
152
24 0 92 $13,294
16 0 68 $11,536
340 40 708 $109,900
24 24 110 $17,008
64 12 156 $24,156
64 16 152 $23,340
24 6 60 1 $9,220
674 122 1926 $320.336
Expenses:
Mileage
Cost/Unit
$0.63
_ Ground
Days
Days
Miles
250
Units
2.0 Design Engineering
TOTAL WASTEWATER COLLECTIONS DIVISION
6160
so
320,500 '
$335,5001
\\Fs02 \General \Contracts & Task OrdersWakima 12022 \Water & Irrigation And Wastewater Collections1.2022-08-01 COY W&I And VWV Collections Task Order
2022-01,DOCX Page 7 of 7
LEGEND
PROJECT LOCATIONS
EXISTING SEWER MAINS
EXISTING WATER MAINS
NEW SEWER MAINS
-- - - NEW WATER MAINS
P:\PROJECTS\2022\22133\YAKINRSS(INTERN WORK}.DWG.
CITY OF YAKIMA
NORTH EAST AREA
WATER AND SEWER
UNSERVED AREAS
FIGURE - 1
LEGEND
J PROJECT LOCATIONS
EXISTING SEWER MAINS
EXISTING WATER MAINS
NEW SEWER MAINS
-�- NEW WATER MAINS
ENGLWOCD AVENUE
LINCOLN AVENUE
150 300
P:\PROJECTS\2022\22133\YAKWTRSS(INTERN WORK).DWG
CITY OF YAKIMA
NORTH CENTRAL AREA
WATER AND SEWER
UNSERVED AREAS
FIGURE - 6
Q
EWER1
ONLY
ODLAND AVENUE
\T E R
:ND
SEWER
LEGEND
PROJECT LOCATIONS
EXISTING SEWER MAINS
EXISTING WATER MAINS
^° NEW SEWER MAINS
- - -NEW WATER MAINS
W. PIERCE STREET
W
S
E
0
SEWER
100
200
P:\PROJECTS\2022\22133\YAKWTRSS(INTERN WORK).DWG
1
W. MEAD AVENUE
S. 9TH AVENUE
CITY OF YAKIMA
SOUTH CENTRAL AREA
WATER AND SEWER
UNSERVED AREAS
FIGURE - 1
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.L.
For Meeting of: August 16, 2022
Resolution authorizing an agreement with HLA Engineering and
Land Surveying, Inc. to provide engineering services for the design
of water distribution systems and wastewater collection systems in
low income - underserved areas in Yakima
Scott Schafer, Director of Public Works
David Brown, Assistant Director of Public Works, 509.575.6204
Mike Price Wastewater and Stormwater Manager, 509.249.6815
SUMMARY EXPLANATION:
City of Yakima (City) Projects AC2570 and SC2605 provide designs for the installation of public
water distribution and wastewater collections systems, respectively, in underserved low-income
areas of Yakima. The project also includes identification of state and federal grant funding
sources for the installation of the infrastructure in underserved and low-income areas. The
designs provide "shovel ready" projects, increasing the likelihood of grant qualification and award
as opportunities arise.
The City used the Municipal Research and Services Center (MRSC) of Washington roster, a
statewide small works and consultants roster system, followed by a competitive selection process
under City Request for Qualifications 122152Q in selecting HLA Engineering and Land
Surveying, Inc. to perform the services.
This Agreement is for the years 2022 to 2026, having specific task orders for defined areas, with
areas needing both water and wastewater as a priority. The first task order is for northeast
Yakima.
Funding for the design of water distribution systems is from the Water Improvement Fund, first
task order not to exceed $222,700. Funding for the wastewater collection systems is from the
Wastewater Capitol Fund 476, first task order not to exceed $335,700
The agreement, including EXHIBITA—PROJECT SCOPE OF SERVICES, EXHIBIT B—
SCHEDULE OF RATES 2022-2024, EXHIBIT 1 — PROFESSIONAL SERVICES for Task
Orders No. 022-01, is attached for City Council review.
2
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
D resolutic 8/9/2022 Cotter Memo
D Agreement 8/2/2022 Contract
D Task Order 1 8/2/2022 Contract
Contract Supplemental Agreement
Supplemental Agreement Organization and Address:
Number: 1 HLA Engineering and Land Surveying, Inc
2803 River Road
Yakima, WA 98902
Original Contract Number: Execution Date of Supplement:
2022-140
City Project Number Completion Date of Supplement:
AC2570/SC2605 December 31, 2025
Project Title: Original Amount Payable:
Water/Irrigation and Wastewater Divisions $558,200
Low-Income and Unserved Utility Areas
HLA Project No. 22133E
Revised Amount Payable this Supplement: $558,200 (Increase of $0)
Supplemental Agreement No. 1
The City of Yakima (CITY), Washington desires to supplement Task Order No. 2022-01 entered into with
HLA Engineering and Land Surveying, Inc. on August 17, 2022, by Resolution No. 2022-109. 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.
Exhibit A: Scope of Services
The attached Exhibit A- Scope of Services for additional tasks to be performed as part of this
Supplemental Agreement include assistance with NEPA environmental compliance.
Exhibit B: Schedule of Rates
Exhibit B shall be supplemented with the attached 2024 calendar year schedule of rates for the
completion of the Agreement for Professional Services.
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: AAA $rtff.L - en" By. 'NCO: 7-C L
'Cil
Consultant Sig tune City M ger SI ature
CD' 2Oi
Date
CITY CONTRACT NO d0 -1qo-ro-4-aoaa-DtiSupP*-
RESOLUTION NO' 1 Q`-OD?-d--101
G\Contracts&Task Orders\Yakima\2022\Water&Irrigation and Wastewater Collections\Supplement 1\2024-03-04 Task Order No 2022-01 Supplement 1 docx
EXHIBIT A
Scope of Services
Water/Irrigation and Wastewater Division
Low-Income and Unserved Utility Areas
The City has reallocated Community Development Block Grant(CDBG) funding to this PROJECT CDBG
funded projects require a NEPA environmental review complying with Section 6 of the CDBG
Management Handbook. The CDBG Environmental Compliance phase shall be added to the Scope of
Services for all three project areas designed in 2023— North East, North Central, and South Central.
6.0 CDBG Environmental Compliance
6.1 Assist CITY with compliance of CDBG Environmental Review Requirements identified in
Section 6 of the December 2022 CDBG Management Handbook Specifically, the
environmental review will be in compliance with 24 CFR 58 5 and 58.6 including assessment
of the following:
1. Historic Preservation
2 Endangered Species Act
3 Coastal Zone Management Act
4. Coast Barrier Resources Act/Coastal Barrier Improvement Act
5. Airport Hazards
6. Air Quality
7 Contamination and Toxic Substances
8. Environmental Justice
9 Explosive and Flammable Hazards
10. Farmland Protection
11. Flood Insurance
12 Floodplain Management
13. Noise Abatement and Control
14. Sole Source Aquifers
15. Wetlands Protection
16 Wild and Scenic Rivers Act
6 2 Prepare complete Environmental Review Record and process to CDBG project manager.
6.3 Prepare Area of Potential Effect (APE) documentation package
6 4 Prepare Request for Release of Funds and Certification.
6.5 Prepare Notice to the Public of Intent to Request Release of Funds.
6.6 Prepare NEPA Determination of Categorical Exclusion.
6 7 A Cultural Resource Survey (CRS) is not anticipated to be required for this PROJECT
Should it be determined that a CRS must be prepared, it will be added as a separate and
additional phase of work
6.8 An Environmental Impact Statement (EIS) is not anticipated to be required for this PROJECT.
Should it be determined that an EIS must be prepared, it will be added as a separate and
additional phase of work.
6.9 This PROJECT is considered exempt from SEPA under WAC 197-11-800 (3) and (23). A
SEPA checklist will not be prepared.
G\Contracts&Task Orders\Yakima\2022\Water&Irrigation and Wastewater Collections\Supplement 1\2024-03-04 Task Order No 2022-01 Supplement 1 docx
EXHIBIT B
SCHEDULE OF RATES FOR
HLA Engineering and Land Surveying, Inc.
Effective January 1, 2024, through December 31, 2024
Senior Principal Engineer $263.00 per hour
Licensed Principal Engineer $235.00 per hour
Licensed Principal Land Surveyor $235.00 per hour
Licensed Professional Engineer $212.00 per hour
Other Licensed Professional $212.00 per hour
Project Engineer II $194.00 per hour
Construction Supervisor $194 00 per hour
Planning Supervisor $194.00 per hour
Licensed Professional Land Surveyor $191 00 per hour
Project Engineer I $174.00 per hour
Contract Administrator Ill $159.00 per hour
Senior Resident Engineer $159.00 per hour
Senior Planner $157 00 per hour
CAD Technician $153 00 per hour
Engineering Technician Ill $143 00 per hour
Planner $143.00 per hour
Resident Engineer $143.00 per hour
Surveyor $141 00 per hour
Surveyor on Two Man Crew $135.00 per hour
Contract Administrator II $133.00 per hour
Engineering Technician II $123 00 per hour
Surveyor on Three Man Crew $118.00 per hour
Contract Administrator I $102.00 per hour
Engineering Technician I $102.00 per hour
Administrative/Clerical $102 00 per hour
Vehicle Mileage Federal Rate
Schedule of Rates may be adjusted during the term of this Agreement to the HLA Standard
Hourly Rates in effect at the time
G\Contracts&Task Orders\Yakima\2022\Water&Irrigation and Wastewater Collections\Supplement 1\2024-03-04 Task Order No 2022-01 Supplement 1 docx