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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