HomeMy WebLinkAbout10/18/2022 06.M. Resolution authorizing an agreement with HLA Engineering and Land Surveying, Inc. to provide Engineering Services for the Pacific Avenue Sidewalks Project 2612 and the Nob Hill Grind and Overlay Project 2619 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.M.
For Meeting of: October 18, 2022
ITEM TITLE: Resolution authorizing an agreement with HLA Engineering and
Land Surveying, Inc. to provide Engineering Services for the
Pacific Avenue Sidewalks Project 2612 and the Nob Hill Grind and
Overlay Project 2619
SUBMITTED BY: Scott Schafer, Director of Public Works
Bill Preston, City Engineer- (509)576-6754
SUMMARY EXPLANATION:
The Pacific Avenue Sidewalks project will include 13th Street to the Yakima County Justice
Center funded by a Transportation Improvement Board (T I B) Complete Streets award. The
project will include sidewalks, any necessary ADA improvements and crosswalks.
The Nob Hill Boulevard Milling and Overlay project will include 4th Avenue to 28th Avenue. This is
a 5-lane principal arterial and the project is funded with REET funds. Improvements include
milling and overlaying approximately 1.60 miles of roadway, and possible ADA curb ramp
improvements.
The City of Yakima (City) used the procedure established by the State of Washington and FHWA
to select and recommend HLA Engineering and Land Surveying, Inc. to complete the design of
both projects. The design of the Pacific Avenue Sidewalks project will utilize $28,780 of TIB Complete
Street funding, and the Nob Hill Milling and Overlay project will utilize street restoration funds in the
amount of$277,930. These improvements are intended to be constructed in 2023.
Attached for City Council review is an agreement with HLA Engineering and Land Surveying, Inc. in
the amount not to exceed $306,710.00.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
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Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
D Resolution 10/6/2022 Resolution
D HLA Contract 2612 and 2619 9/28/2022 tract
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RESOLUTION NO. R-2022-
A RESOLUTION authorizing an agreement with HLA Engineering and Land Surveying, Inc.
to provide engineering services for the Pacific Avenue Sidewalks Project
2612 and the Nob Hill Grind and Overlay Project 2619 (PROJECTS);
WHEREAS, the City has the need to design the Pacific Avenue Sidewalks Project 2612
and the Nob Hill Grind and Overlay Project 2619, and;
WHEREAS, the Pacific Avenue Sidewalks project will include 13th Street to the Yakima
County Justice Center and will include sidewalks, any necessary ADA Improvements and
crosswalks, and;
WHEREAS, the Nob Hill Boulevard Milling and Overlay project will include milling and
overlaying approximately 1.60 miles of roadway from 4th Avenue to 28th Avenue including
ADA curb ramp improvements, and;
WHEREAS, the City of Yakima used the procedure established by the State of
Washington and FHWA to select and recommend HLA Engineering and Land Surveying, Inc. to
perform the Scope of Work; and
WHEREAS, HLA Engineering and Land Surveying, Inc. has provided a Scope of Work
included in this Professional Services Agreement that meets the needs and requirements of the
City of Yakima for these PROJECTS; and,
WHEREAS, the City desires to contract with HLA Engineering and Land Surveying, Inc.
to complete the design of the PROJECTS after which they can go to ad for construction, and;
WHEREAS, the design of the Pacific Avenue Sidewalks project will utilize $28,780 of
TIB Complete Street funding, and the Nob Hill Milling and Overlay project will utilize street
restoration funds in the amount of$277,930;
WHEREAS, the City Council of the City of Yakima finds that entering into the
Professional Services Agreement is in the best interests of the City and its residents; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute a Professional Services Agreement
with HLA Engineering and Land Surveying, Inc., attached hereto and incorporated herein by this
reference, not to exceed Three Hundred Six Thousand Seven Hundred Ten Dollars
($306,710.00) to provide the Professional Services as described in the Agreement.
ADOPTED BY THE CITY COUNCIL this 18th day of October, 2022.
Janice Deccio, Mayor
ATTEST:
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Sonya Claar Tee, City Clerk
HLA 5
* TRANSMITTAL *
Engineering and Land Surveying,Inc.
Date: September 28, 2022 Project No.: 22145E
To: City of Yakima Attention: Bill Preston, PE
129 N. 2nd Street City Engineer
Yakima, WA 98902
From: Benjamin A. Annen, PE
Re: Nob Hill Boulevard Resurfacing
and Pacific Avenue Sidewalk Improvements
Agreement For Professional Services
We are sending you the attached following items:
Two (2) Original Signed Agreements For Professional Services
Comment:
Bill,
HLA Engineering and Land Surveying, Inc., is excited to have been selected to provide Design
Engineering Services to the City of Yakima for the Nob Hill Boulevard Resurfacing and Pacific
Avenue Sidewalk Improvements project. We very much appreciate the opportunity to work with
you and the City on this important project. Thank you for the opportunity!
Upon review and approval, please have the City Manager sign the attached Agreements For
Professional Services. Keep one for your records and return the other to our office.
If you have any questions or need additional information, please contact me.
Thank you.
Copy to: Signed: --
GAContracts&Task Orders Wakima120221Nlob Hill Blvd.Resurfacing&Pacific Ave.Sidewalk Imp\2022-09-28 Professional Services Agreement
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2803 River Road Yakima,WA 98902 (509) 966-7000 www.hlacivil.com
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For City o,Yakima Use Only:
Contract No. 202 ' AGREEMENT
P role mwv.2o,z/2O1B
Resolution wu.eo2z' BETWEEN
oou No.
--- CITY QFYAK|NYA. WASH|NGTON
AND
HLA ENGINEERING AND LAND SURVEYING, INC.
FOR PROFESSIONAL SERVICES
THIS AGREE&1ENT, made and entered into on this day of . 2022. by and
between the City of Yakima, Washington, a municipal corporation with its principal office at 130 North
Second 81nee1' Yekima, WA 08901. (hereinafter referred to as "CITY"), and HLA Engineering and Land
Surveying, Inc., with its principal office at 2803 River Road, Yakima. VVAQ80O2. (hereinafter referred 0o as
"ENGINEER"); said corporation being |iomnnod and registered 1ndo business in the State of Washington,
and will provide engineering services under this Agreement for the NOB HILL BOULEVARD
RESURFACING AND PACIFIC AVENUE SIDEWALK IMPROVEMENTS project on behalf of the City of
Yakima, Project No. 2612/2619' herein referred to no the "PROJECT."
VV|TN2SSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and
construction of the PRC>JECT, as described in this Agreement and subsequent Amendments thereto; and
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with
knowledge and experience ne0000aryto satisfactorily accomplish the work within the required time and that
it has no cnnUioin of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and ENGINEER agree eofollows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OPSERVICES
2.0.1 ENGINEER agrees to perform those services dmnohbod hereafter. Unless modified in
writing by both partios, duties of ENGINEER shall not be construed to mxommd those
services spooiDoe||y set forth herein,
2.0.2 ENGINEER shall use its best efforts io maintain continuity in personnel and shall assign,
yNiohne| T. 8ott|o. PE as Prinoipa|'in'Chnrgo throughout the term of this Agreement un|mxn
other personnel are approved by the CITY.
2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled "Scope
of Services" (WORK) which is attached hereto and made a port of this Agreement as if m||y set
forth herein.
2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by
ENGINEER can be defined in detail at the time this Agreement is oxeouicd, 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 order, direct the ENGINEER to revise portions
of the PROJECT WORK previously completed in e satisfactory mmnnmr, delete portions of the
PROJECT, or request that the ENGINEER perform additional VVDRN beyond the scope of the
PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services."
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2.2] If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or
time required for, performance of any services under this Agreement, o contract price
and/or completion time adjustment pursuant to this Agreement shall be mode and this
Agreement shall be modified in writing and accepted by the parties hereto,
322 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the ENGINEER according to the provisions set forth in Exhibit C, attached hereto
and incorporated herein by this rmbrmnom' and it so euthorized, shall be considered part o/
the PROJECT WORK. The ENGINEER shall not perform any Additional Services until so
authorized by CITY and agreed to by the ENGINEER in writing.
2.3 The ENGINEER must assert any claim for adjustment in writing within thirty(30)days from the date
o/the ENG|NEER'n receipt of the written notification nfchange.
SECTION 3 TERM
31. The term for this AGREEMENT uheU be from the date of signature of both parties through
December 31. 2U23.
SECTION 4 C|Tf'S RESPONSIBILITIES
4.1 CITY-FURNISHED DATA: The CITY will provide<othe ENGINEER all technical data in the C|l`/'G
possession relating to the ENGINEER'S omn/inmu on the PROJECT including information on any
pre-existing conditions known to the CITY that constitute hazardous waste contamination on the
PROJECT site as determined by an authorized regulatory agency.
4.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably
accessible to ENGINEER as required for ENGINEER'S performance of its services and will provide
labor and safety equipment as reasonably required by ENGINEER for such access.
4.3 TIMELY REVIEW The CITY will examine the ENGINEER'S studies, reports, sketches, drawings,
spwoUioa|iuna, proposals, and other documents; obtain advice of an attorney' insurance onunae|o/,
n000untant, euditur, bond and financial adviaons, and other consultants an CITY deems
appropriate; and render in writing decisions required of CITY in a timely manner, Such
examinations and deoiniono, however, uhoU not relieve the ENGINEER of any contractual
obligations nor of its duty to render professional aen/i000 meeting the standards of care applicable
to its profession,
4.4 CITY shall appoint o C|TY"G Representative with respect to WORK to be performed under this
Agreement. C|TY'8 Representative shall have complete authority to transmit instructions and
receive information. ENGINEER shall be entitled 10 reasonably rely nn such instructions made by
the C|T\"G Representative unless otherwise directed in writing by the CITY, but ENGINEER shall
be responsible for bringing to the attention of the C|TY'8 Representative any instructions which the
ENGINEER believes are inadequate, inoomp|eto, or inaccurate based upon the ENGINEER'S
knowledge.
4.5 Any documents, services, and reports provided by the CITY to the ENGINEER are available solely
as additional information to the ENGINEER and will not relieve the ENGINEER of its professional
duties and obligations under this Agreement or at law. The ENGINEER nhoU be entitled to
reasonably rely upon the accuracy and the completeness of such documontn, services and nopodo,
but shall be responsible for exercising customary professional omne in using and reviewing such
donuman1o, aervinen, and reports and drawing conclusions from them.
SECTION 5 AUTHORIZATION, PROGRESS, AND COMPLETION
5.1 In signing this AGREEK8ENT. CITY and ENGINEER agree that at such time as the CITY provides
ENGINEER opocitio written authorization to proceed with one or more of the 1ouku described in
EXHIBIT A. ENGINEER shall begin work. The time for completion of each task shall baanmutually
agreed.
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SECTION 6 COMPENSATION
01 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the xmmicam
doomibnd in Exhibit A, compensation uhoU be according to Exhibit C Schedule of Specific Hourly
Raten, attached hereto and incorporated herein by this rohmnenne, on a time spent basis plus
reimbursement for direct non-salary expenses.
6.1.1 DIRECT NON-SALARY EXPENSES: Direct Non-Salary Expenses are those oon|a
incurred on or directly for the PROJECT induding, but not limited to, necessary
transportation conbo, including current rates for ENGINEER'S vehicles; meals and lodging;
laboratory tmn(a and analyses; phn1ing, binding and reproduction charges; all 000be
associated with other outside nonprofessional oami000 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 (1O%). and on the basis of
current rates when furnished by ENGINEER. Estimated Direct Non-Salary Expenses are
shown in Exhibit B.
8.1.1.1 Travel nootu, including transportation, |odging, nubnirtenoo, and incidental
expenses incurred by employees of the ENGINEER and each of the
Suboonouhontn in connection with PROJECT WORK; pnovidod, on k,Umws
+ That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents
per mile will be paid for the openadon, ma1ntmnenoo, and depreciation
onob of company o/ individually owned vehicles for that portion of time
they are used for PROJECT WORK. ENGINEER, whenever possible, will
use the least expensive form of ground transportation.
° That reimbursement for meals inclusive o/ tips shall not axroad a
maximum of forty dollars ($40) per day per person. This rm10 may be
adjusted ona yearly basis.
° That accommodation shall be at a reasonably priced hotel/motel.
° That air travel shall be by coach n|oxn, and shall be used only when
mboo|o1o|y necessary.
6.1.2 Telephone charges, computer charges, in-house reproduction charges, first class postage,
and FAX charges are not included in the direct expense oosto, but are considered included
in the Schedule of Specific Hourly Billing Rates.
8.1.3 Professional Suboonuu|tants. Professional Suboonnu|tan<a are those costs for
nnQinoering, orohitec1ure, goubachniva| aor*ioeo and similar professional xen/ioon
approved by the C|l-y, Reimbursement for Professional Suboonau|tantawiU be on the
basis of actual costs billed plus a reasonable markup, not to exceed ten percent (10%) for
services provided to the CITY through this Agreement. Estimated Suboonnu|tmnt costs are
shown in Exhibit B.
8.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT
shall not exceed three hundred six thouuand, seven hundred ton Dollars ($306.710.00). The
ENGINEER shall make all nyoaonnb|e efforts to nomp|m1m the WORK within the budget and will
keep CITY informed of progress toward that end so that the budget or WORK effort can be adjusted
if found necessary. The ENGINEER is not obligated to incur costs beyond the indicated budgm1,
as may be adjusted, nor iuthe CITY obligated 1n pay the ENGINEER beyond these limits. When
any budget has been increased, the ENGINEER'S exraou oodo expended prior to such increase
will be allowable tothe name extent as if such noo1u had been incurred after1he approved inoneaao,
and provided that the City was informed in writing ot the time such costs were incurred.
6.3 The ENGINEER shall submit tothe City'o Representative an invoice each month for payment for
PROJECT unmiomn completed through the accounting cut-off day of the previous month. Such
invoices shall be for PROJECT services and WORK performed and costs incurred prior to the date
of the invoice and not covered by previously submitted invoices. The ENGINEER shall submit with
each invoice a summary of time expended on the PROJECT for the current billing period, copies
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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.
6.4 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).
6.5 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.
6.6 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 7 RESPONSIBILITY OF ENGINEER
7.1 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.
7.2 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.
7.3 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.
7.4 INDEMNIFICATION AND HOLD HARMLESS:
7,4.1 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 hold harmless
the City, its elected and appointed officials, officers, employees, agents, representatives,
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inxurem, atk/nnoys, and volunteers from all liabilities, losses, damages, and expenses uykdmd
to all c|mimo, suito, arbitration aoUons, investigations, and regulatory or other governmental
proceedings arising from or in connection with this Agreement or the acts, failures to act, errors
or omissions of the ENG|NEER, or any of ENG|NEER'u agent(a) or nuhoonkactur(n), in
performance of this Agreement, except for claims caused by the City'u sole negligence. The
Ci(y's right to indemnification includes atturoey'u haeo and costs associated with establishing
the right toindemniUoatioo hereunder in favor of the City.
7.4.2 Industrial Insurance Act Waiver. It is opooifineUy and mxp/muu|y understood that the
ENGINEER waives any immunity that may be granted to it underthe Washington State industrial
insurance ao(. Title 51 RCW, uo|n|y for the purposes of this indemnification. ENG|NEER'n
indemnification shall 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 ohuU require that its
subonntraoiom, and anyone directly or indirectly employed or hired by ENGINEER, and anyone
for whose acts ENGINEER may be liable in connection with its performance of this Agreement,
comply with the terms of this paragraph, 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.
7.4.3 Should o nmud of competent jurisdiction determine that this Agreement in subject to RCVV
4.24�115. (hmx, in the event ofliability for damages arising out ofbodily injury to persons or
damages to property caused by o/ resulting from the concurrent negligence of the ENGINEER
and the City, the ENG|NEER'a liability, including the duty and cost to dohpnd, shall be only to
the extent of the ENG|NEER'xnegligence.
7AA Nothing contained in this Section or this Agreement nhoU be construed to create o liability or
o right of indemnification in any third party.
7.4.5 The terms of this Section uho|| survive any expiration or termination of this
Agreement,
7�5 In any and all claims by an employee ofthe ENG|NEER, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be |ieb|o. the
indemnification obligations under this Agreement shall not be limited in any way by any limitation
on the amount or types of damages, oompenoetion, or benefits payable by or for the ENGINEER
or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other
employee benefit acts. The ENGINEER specifically and expressly waives its immunity under the
Industrial Insurance Ao1' Title 51, RCVV, Such waiver has been mutually negotiated by the
ENGINEER and the CITY,
7.6 It is understood that any resident engineering or inspection provided by ENGINEER in for the
purpose of determining compliance with the technical provisions of PROJECT opeoihoahunu and
does not constitute any form of guarantee or insurance with nonpaot to the performance of n
contractor. ENGINEER does not assume responsibility for methods or appliances used by a
oontroo1or, for contractor's safety programs or methods, or for contractors' compliance with laws
and regulations. CITY shall use its best m#nrta to ensure that the construction oun1ran( requires
that the contractor(s) indemnify and name CITY, the C|TY'u and the ENG|NEER's o#ioens,
prinoipa|s, omp|nyeuo, aAenha, rmprenentativen, and engineers an additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability.
77 ENGINEER shall be solely responsible for and shall pay all taxes, deduoUnnn, and ossmsonoontn,
including but not limited to federal income Cmn' F|CA, social security Cax, assessments for
unemployment and industrial injury insurance, and other deductions from income which may be
required by law or assessed against either party as a 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 it becomes due.
7.8 SUBSURFACE INVESTIGATIONS: In soils, hnundadmn. Uroundwuk»r, and other xubuudboo
investigations, the actual characteristics may vary significantly between successive test points and
aonnp|e intervals and at locations other than where ohaomndon, exp|ora1ion, and investigations
have been mode. Because ofthe inherent uncertainties in subsurface evaluations, changed or
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unanticipated underground conditions may occur that could affect total PROJECT cost and/or
execution. These conditions and cost/execution w0edu are not the responsibility of the
ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate standard
of professional care, thoroughness and judgment in performing such investigations.
SECTION 8 PROJECT SCHEDULE AND BUDGET
8.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component
tasks shall be as set forth in this Agreement and a1\eohwd Exhibits. The project schedule and
performance dates for the individual tasks uhoU be mutually agreed to by the CITY and the
ENGINEER within fifteen (15) days after execution of this Agreement. The performance dates and
budgets for tasks may be modified only upon written agreement of the parties hereto. The
performance date for tasks and the completion date for the entire PROJECT shall not be extended,
nor the budget increased because of any unwarranted delays attributable to the ENG|NEER, but
may be extended or increased by the CITY in the event of delay caused by apanio| services
requested by the CITY or because of unavoidable delay caused by any governmental action or
other conditions beyond the control of the ENGINEER which could not be reasonably anticipated
or avoided.
82 Not later than the tenth (11 01h) day of each calendar month during the performance of the PROJECT,
the ENGINEER uhe|| submit to the C|TY'a Representative e copy of the current schedule and a
written narrative description of the WORK accomplished by the ENGINEER and subconsultants on
each task, indicating a good faith estimate of the percentage completion thereof on the last day of
the previous month. Additional oral or written reports shall be prepared at the C|TY'o request for
presentation tn other governmental agencies and/or to the public.
SECTION 9 REUSE OF DOCUMENTS
9.1 All internal WORK products nfthe ENGINEER are instruments oromrvioeoof this PROJECT. There
shall he no roune, ohengo, or oUarudon by the CITY or cdhmm acting through or on behalf ofthe
CITY without written permission of the ENGINEER, which shall not be unreasonably withheld and
will be at the C|TY'a sole rink. The CITY ugnoao to indemnify the ENGINEER and its oMioam,
employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs
indudinU, but not limited to, litigation oxponoax and a1tornmy'u fees arising out ofn/related to such
unauthorized rouso, ohengu, or alteration; provided, however, that the ENGINEER will not be
indemnified for such o|oimn' damages, |oaamo, and costs including, without limitation, litigation
expenses and attorney fuoo if they were oeuuod by the EN<3|NEER'o nvvn negligent acts or
omissions,
02 The ENGINEER agrees that any and all p|anu, drawingn, donigna, npeciUoahons, computer
progrumo, technical reporto, operating manua|s, ca|cu|ubono, noteo, 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 Agroemont, whether or not oomp|etn, shall be ovvood by and vested in the
CITY.
8.3 All rights to pabenb, hadommrko, oopydghto, and trade naom&u owned by ENGINEER (hereinafter
^|n1eUmn\ua| Property") as well as any modifioaUono, updates or enhancements (o said Intellectual
Property during the performance of the WORK remain the property o|ENGINEER, and ENGINEER
does not grant CITY any right or license to such |ntoUmoiue| Property.
S2CT|@N 1U AUDIT AND ACCESS TO RECORDS
10.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and other
evidence directly pertinent tn performance nf the WORK under this Agreement in accordance with
generally accepted accounting principles and practices consistently applied. The CITY, or the
C|TY's duly authorized roprmnmntativm, shall have access tosuch books, neoon±s, donumonto, and
other evidence for inspection, audit, and copying for a period of three years after completion of the
PROJECT. The CITY shall also have access 10 such booko, neonrdn, and documents during the
performance of the PROJECT WORK, if deemed necessary by the CITY,to verify the ENGINEER's
WORK and invoices,
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102 Audits conducted pursuant to this section shall be in accordance with generally euoupkxJ auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
10.3 The ENGINEER agrees in the disclosure of all information and reports resulting from mnoman to
records pursuant to this section provided that the ENGINEER in afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any supporting documentation on
the pertinent portions of the draft audit report and that the final audit report will include ENG|NEER'n
written comments, if any.
10.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK unthe Project.
10.5 Any ohu/gae of the ENGINEER paid by the CITY which are found by an audit to be inadequately
substantiated shall ba reimbursed tn the CITY.
SECTION 11 INSURANCE
11.1 At all times during performance of the WORK or obligations under this Agreament. ENGINEER
ohaUsaoure and maintain in effect insuranceto protecttheCITY, itselected and appointed officials,
officers, agents, employees, volunteers and the ENGINEER from and against all claims, damages,
|unses, and expenses arising out of or resulting from the performance of this Agreement,
ENGINEER shall provide and maintain in force insurance in limits no less than those stated bo|ow,
an applicable. The CITY reumnma the right to require higher |irnib should it deem it necessary in
the beat intnnon( of the public. If ENGINEER carries higher onvaxoge limits than the limits stated
bo|ow/, such higher limits shall be shown on the Certificate of Insurance and Endorsements and
ENGINEER shall 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 a deficiency from the insurance documentation provided shall not be construed esowaiver
oyENG|NEER'o obligation 1n maintain such insurance. ENG|NEER'o insurance coverage shall bn
primary insurance with respect to those who are Additional Insureds under this Agreement. Any
insurance, self-insurance orinsurance pool coverage maintained by the City shall be in excess of
the ENG|NEER'o insurance and neither the City nor its insurance providers shall contribute toany
aeK|emmn1u, defense noxto' or other payments made by ENG|NEER'x insurance.
11.1.1 Commercial General Liability Insurance. Before this Agreement ie fully executed by
the parties, ENGINEER nheU provide the CITY with a certificate of insurance as proof of
commercial liability insurance and oommovnin| umbrella liability insurance with a hmto|
liability limit of the limits required in the pv|ioy, subject to minimum limits of Two Million
Dollars ($2.000.000.00) per occurrence combined single limit bodily injury and property
damage, and Two Million Dollars ($2.000.000.00) general aggregate. The certificate
shall clearly state who the provider is,the coverage amount,the policy number,and when
the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this Agreement. The policy shall name the C|TY, its elected and appointed
officials, officers, agents, employees, and volunteers as additional insureds. The insured
shall not cancel or change the insurance without first giving the CITY thirty (30) calendar
days prior written notice. The insurance shall be with on insurance company or
companies rated A-VII or higher in Best's Guide and admitted in the State of Washington.
11.1.2. Commercial Automobile Liability Insurance.
u. If ENGINEER owns any vnhidmu, before this Agreement in fully executed by the
partiou. ENGINEER shall provide the CITY with a certificate of insurance as proof of
commercial automobile liability insurance and oomnnonoio| umbrella liability insurance
with a tn1e| liability limit of the limits required in the policy, subject to minimum limits of
Two Million Dollars ($2.000.000.00) per occurrence combined single limit bodily injury
and property damage. Automobile liability will apply to "Any Auto" and be shown on the
certificate.
b. If ENGINEER does not ovvx any vehin|on, only"Non-owned and Hired Automobile
Liability" will be required and may be added to the commercial liability coverage at the
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same limits as required in that section of this Agreement,which is Section 11.1.1 entitled
"Commercial General Liability Insurance".
c. Under either situation described above in Section 11.1.2.a. and Section 11.1.2.b.,
the required certificate of insurance shall clearly state who the provider is, the coverage
amount, the policy number, and when the policy and provisions provided are in
effect. Said policy shall be in effect for the duration of this Agreement. The policy shall
name the CITY, its elected and appointed officials, officers, agents, employees, and
volunteers as additional insureds. The insured shall not cancel or change the insurance
without first giving the CITY thirty (30) calendar days prior written notice. The insurance
shall be with an insurance company or companies rated A-VII or higher in Best's Guide
and admitted in the State of Washington.
11.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
11,1.4. Professional Liability Coverage. Before this Contract is fully executed by the parties,
ENGINEER shall provide the City with a certificate of insurance as proof of professional
liability coverage with a total liability limit of the limits required in the policy, subject to
minimum limits of Two Million Dollars ($2,000,000.00) per claim, and Two Million Dollars
($2,000,000.00) aggregate. The certificate shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided are
in effect. Said policy shall be in effect for the duration of this Contract. 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-Vll or higher in Best's Guide. If the policy is written on a claims made basis the
coverage will continue in force for an additional two years after the completion of this
contract.
Failure of either or all of the additional insureds to report a claim under such insurance
shall not prejudice the rights of the CITY, its elected and appointed officials, officers,
employees, agents, and representatives there under. The CITY and the CITY's elected
and appointed officials, officers, principals, employees, representatives, and agents shall
have no obligation for payment of premiums because of being named as additional
insureds under such insurance. None of the policies issued pursuant to the requirements
contained herein shall be canceled, allowed to expire, or changed in any manner that
affects the rights of the CITY until thirty (30) days after written notice to the CITY of such
intended cancellation, expiration or change.
11.2 If at any time during the life of the Agreement, or any extension, ENGINEER fails to maintain the
required insurance in full force and effect, all work under the Agreement shall be discontinued
immediately. Any failure to maintain the required insurance may be sufficient cause for the City to
terminate the Agreement.
SECTION 12 SUBCONTRACTS
12.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract
any portion of the WORK to be performed under this Agreement. However, ENGINEER shall be
considered the Prime Contractor hereunder and shall be the sole point of contact with regard to all
contractual matters arising hereunder, including the performance of WORK and payment of any
and all charges resulting from contractual obligations.
12,2 Any subconsultants or subcontractors to the ENGINEER utilized on this 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 CITY's Representative,
if requested, prior to the subconsultant or subcontractor proceeding with the WORK. Such review
shall not constitute an approval as to the legal form or content of such subcontract. The ENGINEER
shall be responsible for the architectural and engineering performance, acts, and omissions of all
persons and firms performing subcontract WORK.
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12.3 CITY does not anticipate ENGINEER subcontracting with any additional persons or firms for the
purpose of completing this Agreement.
12.4 The ENGINEER shall submit, along with its monthly invoices, e description of all WORK completed
by aubounsu|tan10 and subcontractors during the preceding month and copies of all invoices
thereto.
12.5 If dissatisfied with the background, pedormanow, 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 13 ASSIGNMENT
13.1 This Agreement is binding on the heins, nuo*posora and assigns of the parties hereto. This
Agreement may not be assigned by CITY or ENGINEER without prior written consent of the other,
which consent will not bo unreasonably withheld, The ENGINEER for itself and its heirs, executors,
adminisina(om, successors and euaignn, does hereby agree to the full performance of all of the
covenants herein contained upon the pad of the ENGINEER. It is uxpn»on|y intended and agreed
that no third party beneficiaries are created by this Agreement, and that the rights and remedies
provided herein shall inure only to the benefit of the parties to this Agreement.
SECTION 14 INTEGRATION
14.1 This Agreement represents the pnUno understanding of CITY and ENGINEER on to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with respect
1*those matters covered herein. This Agreement may not be modified or altered except inwriting
signed by both parties.
SECT|ON16 JURISDICTION AND VENUE
15.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any port of this
Agreement is found to conflict with applicable |owa, such pad shall be inoperative, nuU, and void
insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full fnmo and
effect. Venue for all disputes arising under this Agreement shall lie in a court o/ competent
jurisdiction in Yakima County, Washington.
SECT|ON1G EQUAL EMPLOYMENT and NONDISCRIMINATION
10.1 During the performance of this Agroennont. ENGINEER and ENG|NEER's ouboonxu|1anb and
subcontractors shall not discriminate in violation of any upp|ioah|a hsdera|, state and/or |noo| law or
regulation on the basis of ago, uex, nyoe, onood, nu|iginn, color, national origin, marital ota1un,
disabi|ity, honorably discharged vo1mnen or military status, pnognonoy, sexual orientation, and any
other classification protected under federal, state, or local law. This provision shall include but not
be limited to the following: omp|nyman1, upgrading, demotion, 1ranoh*r, recruitment, advertising,
layoff ortermination, notoo of pay or other hunno of compensation, selection for training, and the
provision of services under this Agreement. ENGINEER agrees to comply with the applicable
provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and
regulations.
SECTION 17 SUSPENSION OF WORK
17.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement
if unforeseen dnoonmtanoea beyond C|TY'o control are interfering with normal progress of the
WORK. ENGINEER may uuopand, in writing by certified mail, all or portion of the WORK under
this Agreement if onKznaoeen circumstances beyond ENG|NEER'o onn(no| are interfering with
normal progress of the VVDRK. ENGINEER mey suspend WORK on the PROJECT in We event
CITY does not pay invoices when dua, except where otherwise provided by this Agreement. The
time for completion of the WORK shall be extended by the number nfdays WORK in suspended.
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If the period of nonpmnuinn exceeds ninety (80) deys, the terms of this Agreement are subject to
renegotiation, and both parties are granted the option to terminate WORK on the suspended portion
of Project in accordance with SECTION 17.
SECTION 18 TERMINATION OF WORK
18.1 Either party may terminate this Agreement, in whole or in part, if the other party materially breaches
its obligations under this Agreement and is in default through no fault of the terminating party.
Hmmmvmr' no such termination may be aMadod unless the other party is given: (1) not less than
fifteen (15) calendar days vvh8mn notice delivered by certified mail, return receipt mquenbed, of
intent to terminate; and (2) ox opportunity for consultation and for cure with the terminating party
before termination. Notice ahoU be considered issued within seventy-two (72) hours of mailing by
certified mail to the p|ooa of business of either party as oo1 forth in this AQnammmnL
18.2 |n addition tntermination under subsection 171 of this Section, CITY may terminate this Agreement
for its onnvenienco, in whole or in port, provided the ENGINEER is given: (1) not |eon than hhonn
(16) calendar days written notice delivered by certified mai|, return receipt rnquootod, of intent to
terminate; and (2) an opportunity for consultation with CITY before the effective termination date.
18.3 If CITY te,nninuLoo for default on the part of the ENG|NEER, an adjustment in the contract price
purouanitotheAQnaomen( ohmUbennodo. bu1 (1) nnamountuhaUbeaUovvadforendcipatedprnfi1
on unperformed services or other WORK, and (2) any payment due to the ENGINEER at the time
of termination may be adjusted to the extent of any additional costs or damages CITY has incurred,
or is likely to inour, because of the ENGINEER'S breach. In such evont. CITY shall consider the
amount of WORK originally required which was so1iobnotoh|y completed to date of termination,
whether that WORK is in o form or of a type which is usable and suitable to CITY at the date of
termination and the cont to CITY of completing the WORK itself or of employing another firm to
oomp|oteiL Under no circumstances shall payments made under this provision exceed the contract
price. In the event of default, the ENGINEER agrees to pay CITY for any and all dumagas, ooatn,
and expenses whether directly, indirectly, or consequentially caused by said default. This provision
shall not preclude CITY from filing claims and/or commencing litigation to secure compensation for
damages incurred beyond that covered by contract rmteinage or other withheld payments.
18.4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience,
the adjustment pursuant to the Agreement oheU include payment for oorviomn oa1iahoutnri|y
performed to the date of termination, in addition to termination settlement costs the ENGINEER
reasonably incurs relating to commitments which had become firm before the termination, unless
CITY determines to assume said commitments.
18.5 Upon receipt ofa termination notice under subsections 17.1 or17.2 above, the ENGINEER shall
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to CITY all originals of data, dravvingo, npeuiUcuUono, ma(nu|aUons,
naports, muUmaten, xummehos, and such other infornnadion, donunnento, and materials as the
ENGINEER or its subconsultants may have accumulated or prepared in performing this Agreement,
whether completed orin progress, with the ENGINEER retaining copies of the same.
18.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK
to completion utilizing other qualified Unno or individuals; provided. the ENGINEER shall have no
responsibility to prosecute further WORK thereon.
18.7 If, after termination for failure of the ENGINEER to fulfill contractual nb|igadiono, it is determined
that the ENGINEER has not so fai|md, the termination shall be deemed to have been o#adad for
the convenience of CITY, In such nvent, the adjustment pursuant to the Agreement shall be
determined on set forth in subparagraph 174of this Section.
18.8 If, boneuxn of death, unavailability or any other ocournenoe, it becomes impossible for any key
personnel employed by the ENGINEER in PROJECT WORK nr for any corporate officer ofthe
ENGINEER to render his services tothe PROJECT, the ENGINEER shall not be relieved of its
obligations to complete performance under this Agreement without the concurrence and written
approval of CITY, If CITY agrees to termination of this Agreement under this proviuion, payment
oheU be made an set forth in subparagraph 17.3 of this Section.
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S CTION 19 DISPUTE RESOLUTION
19.1 In the event that any dispute shall arise as to the interpretation or performance of this Agreement,
or in the event of a notice of default as to whether such default does constitute a breach of the
contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first
pursue mediation as a means to resolve the dispute. If neither of the afore mentioned methods are
successful then any dispute relating to this Agreement shall be decided in the courts of Yakima
County, in accordance with SECTION 14. If both parties consent in writing, other available means
of dispute resolution may be implemented.
SECTION 20 NOTICE
20.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at
the address set forth below. Notice shall be considered issued and effective upon receipt thereof
by the addressee-party, or seventy-two (72) hours after mailing by certified mail to the place of
business set forth below, whichever is earlier,
CITY: City of Yakima
129 N. 2nd Street
Yakima, WA 98901
Attn: Mr. Bill Preston, PE, City Engineer
ENGINEER: HLA Engineering and Land Surveying, Inc. (HLA)
2803 River Road
Yakima, WA 98902
Attn: Mr. Michael T. Battle, PE, President
SECTION 21 INSPECTION AND PRODUCTION OF RECORDS
21.1 All records in all formats relating to the WORK shall, at all times, be subject to inspection by and
with the approval of the City, but the making of (or failure or delay in making) such inspection or
approval shall not relieve ENGINEER of responsibility for performance of the WORK in accordance
with this Agreement, notwithstanding the City's knowledge of defective or non-complying
performance, its substantiality or the ease of its discovery. ENGINEER shall provide the City
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.
21.2 ENGINEER shall promptly furnish the City with such information and records which are related to
the WORK of this Agreement as may be requested by the City. Until the expiration of six(6) years
after final payment of the compensation payable under this Agreement, or for a longer period if
required by law or by the Washington Secretary of State's record retention schedule, ENGINEER
shall retain and provide the City access to (and the City shall have the right to examine, audit and
copy) all of ENGINEER's books, documents, papers and records which are related to the WORK
performed by ENGINEER under this Agreement. Prior to converting any paper records to
electronic format and/or destroying any records, ENGINEER shall contact CITY's Records
Administrator (509-575-6037) to discuss retention. In no event shall any record relating to the
WORK be destroyed without CITY consultation.
21.3 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 of Yakima records. They must be produced to
third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW,
or by law. All records relating to ENGINEER's services under this Agreement must be retained by
ENGINEER for the minimum period of time required pursuant to the Washington Secretary of State's
records retention schedule.
21.4 The terms of this section shall survive any expiration or termination of this Agreement.
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SECTION 22 COMPLIANCE WITH THE LAW
221 ENGINEER agrees to perform all WORK under and pursuant to this Agreement in full compliance
with any and all applicable |amm, ru|on, and regulations adopted or promulgated by ally
governmental agency or regulatory body, whether federal, nhaba. |ooei or o\henmine, including
policies adopted by the City, as those laws, nn1inanoeo, ro|no, regu|aUnnn, and policies now exist
or may hereafter be amended or enacted. ENGINEER shall procure and have all applicable and
necessary ponnitn. |ioenoaz and approvals of any h»deno|, state, and local government or
governmental authority or this project, pay all charges and fees, and give all notices necessary and
incidental tn the due and lawful execution of the work.
22.2 ENGINEER shall procure and have all applicable and necessary permits, licenses and approvals
of any federal, state, and local government orgovernmental authority orthis project, pay all charges
and fees, and give all notices necessary and incidental to the due and lawful execution of the work.
22.2.1 Procurement of City Business License. ENGINEER must procure a City of Yakima
Business License and pay all charges, fees, and taxes associated with said |ioanom.
22.2.2 ENGINEER must provide proof of a valid Washington department of Revenue state excise
tax registration numbor, as required in Title 85 RCVK
22.2.3 ENGINEER must provide proof ofa valid Washington Unified Business Identification (UB|)
number. ENGINEER must have a current UB| number and not ba disqualified from bidding
on any public works contract under RCVV30.08.1O1 or38.12.OS5(3).
2224 ENGINEER must provide proof of a valid Washington Employment Security Department
number as required by Title 60 RCVK
22.2.5 Fon:iOn (Non-VVaoh|nU|on) Corporations: Although the City does not require foreign
corporate proposers to qualify in the Qty. County or State prior to submitting a proposal, it
is specifically understood and agreed that any such corporation will promptly take all
necessary measures to become authorized to conduct business in the City ofYakima, at
their own expenme, without nagond to whether such corporation in actually awarded the
uontnec1, and in the event that the award is nnodo, prior to conducting any business in the
City.
SECTION 23 MISCELLANEOUS PROVISIONS
231 Nondiscrimination. During the pndnnnoncm of this Agreement, the ENGINEER agrees ao follows:
The ENGINEER ohnU not discriminate against any person on the grounds of race, ormmd, color,
re|iginn, national ohgin, uox, eQe, marital o1a1uu' sexual ohonta1ion, gender identity, proQnanuy,
veteran's utadun, political affiliation or ba|ka[ or the proamnom of any snnnory, mon1e| or physical
handicap in violation of the Washington State Law Against Discrimination (RCVV chapter 4Q.6D) or
the Americans with Disabilities Act (42USC121O1otuaqi This provision shall include but not he
limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff
or termination, rates of pay or other forms of compensation, selection for training, and the provision
of WORK under this Agreement. In the event of the ENG|NEEN'n noncompliance with the non-
discrimination clause of this contract or with any such rules, regulations, or orders, this Agreement
may be canoaUad, tmrminotnd, or suspended in vvho|o or in part and the ENGINEER may be
declared ineligible for any future City contracts,
23,2 Pay transparency nondiscrimination. The ENGINEER will not discharge or in any other manner
discriminate against employees or applicants because they have inquired abnut, diooumxmd, or
d)an|ouod their own pay or the pay of another anop|oyoo or applicant. Hmwever, employees who
have oc0000 to the compensation information of other annp|oyoen or applicants an a pad of their
essential job functions cannot disclose the pay of other employees or applicants to individuals who
do not otherwise have access to compensation information, unless the disclosure is (a) in response
to o formal complaint or charge, (h) in furtherance of an invmnUgo8m/, prooemding, hearing, or
adion, including an investigation conducted by the mmp|oyer, or consistent with the contractor's
legal duty to furnish information.
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23.3 Severability. If any term or condition of this Agreement or the application thereof to any person(s)
or circumstances is held invalid, such invalidity shall 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 of this Agreement are declared severable.
23.4 Agreement documents.This Agreement, conditions, addenda, and modifications and ENGINEER's
proposal (to the extent consistent with Yakima City documents) constitute the Agreement
Documents and are complementary. Specific Federal and State laws and the terms of this
Agreement, in that order respectively, supersede other inconsistent provisions. These Agreement
Documents are on file in the Office of the Purchasing Manager, 129 No, 2nd St., Yakima, WA,
98901, and are hereby incorporated by reference into this Agreement.
23,5 Notice of change in financial 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 a change in financial condition or change of ownership or
control shall be sufficient grounds for termination.
23.6 No conflicts of interest. ENGINEER represents that it 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 degree with the performance of this Agreement. ENGINEER further covenants that it will not
hire anyone or any entity having such a conflict of interest during the performance of this
Agreement.
23.7 Promotional advertising prohibited. Reference to or use of the City, any of its departments,
agencies or other 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 of the City.
23.8 Time is of the essence. Timely provision of the WORK required under this Agreement shall be of
the essence of the Agreement, including the provision of the WORK within the time agreed or on a
date specified herein.
23.9 Waiver of breach. A waiver by either party hereto of a 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 of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon
strict performance of any agreement, covenant or condition of this Agreement, or to exercise any
right herein given in any one or more instances, shall not be construed as a waiver or
relinquishment of any such agreement, covenant, condition or right.
23.10 Force Majeure. ENGINEER will not be responsible for delays in delivery due to acts of God, fire,
strikes, riots,delay in transportation, 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 to the time
lost due to the reason for delay.
23.11 Authority, The person executing this Agreement on behalf of ENGINEER represents and warrants
that they have been fully authorized by ENGINEER to execute this Agreement on its behalf and to
legally bind ENGINEER to all terms, performances, and provisions of this Agreement.
23.12 Survival. The foregoing sections of this Agreement, inclusive, shall survive the expiration or
termination of this Agreement, in accordance with their terms.
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IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their respective
authorized officers or representatives as of the day and year first above written.
CITY OF YAKIMA HLA ENGINEERING AND LAND SURVEYING, INC.
Bob Harrison Signature
Printed Name: Printed Name: Michael T. Battle, PE
Title: City Manager Title: President
Date:
Date:
Attest *
City Clerk
Resolution: R-2022
Contract 2022-
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STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that Bob Harrison is the person who appeared before me,
and said person acknowledged that he signed this instrument, on oath stated that he was authorized to
execute the instrument, and acknowledged it as the CITY MANAGER of the CITY OF YAKIMA, to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
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STATE OF WASHINGTON
) ss.
COUNTY OF YAKINAA
I certify that I know or have satisfactory evidence that Michael T. Battle, PE is the person who appeared
before me, and said person ackriovvIedged that he/she signed this instrurrient, on oath stated that he/she
was authorized to execute the instrument, and acknowledged it as the President of HLA Engineering and
Land Surveying, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
1, A
Dated:
Seal or Stamp
(Sig tire)
11
\‘‘' S Li "//0, Title
%,,
Printed Name
:0=
** • :10-
My commission expires. 0' A AA) *
StP%
,011/4*. ik
1111ii a 1111 tiO
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EXHIBIT A
SCOPE OF SERVIC S
CITY OF YAKIMA
NO: HILL OUL VARD R SU FACING AND
PACIFIC AV NU SID WALK IMPROVEMENTS
The City of Yakima (CITY) has budgeted for design of the Nob Hill Boulevard Resurfacing and received
funding for the Pacific Avenue Sidewalk Improvements. The improvements are planned to be designed
and constructed under one contract, the Nob Hill Boulevard Resurfacing and Pacific Avenue Sidewalk
Improvements (PROJECT) project, However, the scope will allow up to three independent bid packages
for constructing segments along Nob Hill Boulevard, and the Pacific Avenue Sidewalk Improvements as a
standalone project, as directed by the CITY.
The Nob Hill Boulevard resurfacing portion of improvements will include a grind and overlay of the existing
roadway between 4th and 28th Avenues. This five-lane principal arterial improvement project is planned
to utilize Real Estate Excise Tax(REET) funding. The resurfacing improvements may be split into two bid
packages should the total construction cost exceed available funding. Improvements to Pacific Avenue will
include construction of sidewalk where there are currently no pedestrian facilities, from 13th Street to the
Yakima County Justice Center, including curb and gutter, any necessary ADA improvements, and
crosswalks. The project also includes a small sidewalk segment on South 18th Street, just north of Dalton
Lane. This sidewalk project received Transportation Improvement Board (TIB) Complete Streets funding.
HLA Engineering and Land Surveying, Inc. (ENGINEER), shall provide professional services for the CITY
as outlined in the Work Task descriptions below.
1.0 Design Engineering
1.1 Provide complete project management to deliver the PROJECT within mutually determined
expectations.
1.2 Provide monthly status reports and invoices for work performed.
1.3 Prepare, coordinate, and manage PROJECT schedule with CITY.
1.4 Maintain project files for agency review.
1.5 Perform quality assurance and quality control reviews at each of the design submittals.
1.6 Attend up to two (2) Staff or City Council meetings, if requested, to address technical aspects
of the work related to scope, design, and schedule.
1.7 Attend kick-off meeting with the CITY to identify extent and type of improvements.
1.8 Conduct a topographic survey as required to prepare preliminary design plans, including calling
in utility field locates.
1.9 Research and identify existing easements and right of way limits for the PROJECT.
1.10 Following topographic survey, conduct site visit to review existing conditions along project
limits.
1.11 Notify private utilities and permitting authorities of pending improvements.
1.12 Perform review of public and private utilities, including City Water, City Sewer, City Storm,
Cascade Natural Gas, Pacific Power, Lumen, and any others in the project vicinity to determine
general locations, size of facilities, and repair/relocation needs. No excavation work to
determine location or depth will be performed.
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1.13 Provide asphalt cores every 1,000 feet along the Nob Hill Boulevard corridor, alternating
between inside lane and outside lane, to determine existing pavement section and to aid in the
pavement design. City forces to perform traffic control during asphalt core work.
1.14 Prepare a preliminary pavement design, including any consideration of asphalt fibers to
maximize service life.
1.15 Prepare a preliminary design concept, including proposed pavement section, and conceptual
plan sheets showing extent of the improvements.
1.16 Review existing pedestrian crossings to determine required versus voluntary ADA-upgrade
provisions at all pedestrian curb ramps.
1.17 Attend one (1) meeting to present the preliminary design concept to City Staff,
1.18 Based on approved preliminary design concept and assumptions, perform the 60°/0 design.
Prepare 60°/ci design plans, including a cover sheet, legend and general notes, demolition
plans, and street improvement plans. Pedestrian curb ramp designs will be included, up to six
per sheet, demonstrating ADA compliance. Construction notes will be included on the 60%
design plans.
1.19 Prepare 60% Engineer's opinion of construction cost.
1.20 Transmit 60% design plans and Engineer's opinion of construction cost to the CITY for review
and approval.
1.21 Transmit 60% design plans to impacted utility companies and identify any repair/relocation
requirements.
1.22 Attend one (1) meeting with the CITY to review the 60% transmittal package.
1.23 Based on approved 60% design plans, perform the 90% design. Prepare 90% design plans,
including a cover sheet, legend and general notes, demolition plans, street improvement plans,
pedestrian curb ramp plans, traffic control plans, pavement marking plans, and details.
1.24 Prepare 90% Engineer's opinion of construction cost.
1.25 Prepare 90% project specifications and contract documents.
1.26 Transmit 90% design plans, Engineer's opinion of construction cost, and specifications to the
CITY for review and approval.
1.27 Attend one (1) meeting with the CITY to review the 90% transmittal package.
1.28 Based on approved 90% design plans, perform the final design. Prepare 100% design plans,
including a cover sheet, legend and general notes, demolition plans, street improvement plans,
pedestrian curb ramp plans, traffic control plans, pavement marking plans, and details.
1.29 Prepare 100% Engineer's opinion of construction cost.
1,30 Prepare 100°/0 project bid documents, contracts, specifications, and special provisions,
1.31 Request final utility repair/relocation plans from impacted utility companies, as applicable.
1.32 Provide electronic 100% final plans, Engineer's opinion of construction cost, and specifications
to the CITY and other applicable agencies for their records.
1.33 Prepare advertisement for bids. CITY will transmit to newspaper(s) for publication. Advertising
fees to be paid by the CITY.
1.34 Maintain bidding process on HLA website including posting plans, contract documents, and
addenda.
1.35 Prepare and maintain planholder's list on HLA website.
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1.36 Answer and supply such information as requested by prospective bidders.
1.37 Prepare and issue addenda to contract documents, if necessary.
1.38 Attend bid opening and participate in the bid evaluation process.
1,39 Prepare tabulation of all bids received by the CITY and review bidder's qualifications and
responsiveness,
1.40 Make recommendation of construction contract award to the lowest responsible bidder.
1.41 Prepare Notice of Intent to Award to Contractor.
1.42 Assemble construction Contracts and coordinate execution of the Contract with the CITY and
Contractor, including review of bond and insurance requirements.
Assumptions:
a. The project is exempt from SEPA under WAC 197-11-800(2) and (3) and will not require any
SEPA or NEPA components.
b. Work does not include design/replacement of existing utilities.
c. CITY may direct ENGINEER to split the Nob Hill Boulevard Resurfacing into two segments; 4th
Avenue to 15th Avenue, and 15th Avenue to 28th Avenue, The scope and fee include up to
three bid packages to accommodate the split, including the option for a standalone Pacific
Avenue Sidewalks bid package.
2.0 Construction Engineering
Construction Engineering services may be added as a separate Professional Services Agreement or
amendment to this Agreement once the CITY moves forward with construction.
3.0 Additional Services
Provide professional engineering and land surveying services for additional work requested by the CITY
that is not included above.
4.0 Items to be Furnished and Responsibility of CITY
The CITY will provide or perform the following:
4.1 Provide full information as to CITY requirements of the PROJECT.
4.2 Assist HLA by placing at their disposal all available information pertinent to the PROJECT,
including previous reports, drawings, plats, surveys, utility records, and any other data relative
to design and construction of the PROJECT.
4.3 Provide staff and equipment to pothole at specific areas of potential conflict or interest,
necessary to confirm the design. If staff and equipment are unavailable, it may be contracted
by the CITY. If not contracted, the best available information will be utilized including record
drawings, surveys, and surface features.
4.4 HLA will contact property owners affected by the PROJECT and gain necessary access to
property for field investigation and design of improvements. If property owners do not agree to
permit HLA to enter property for surveying and field investigation, CITY will assist in requesting
permission, including a field meeting with property owner. Entry to private property for
construction will not be made until a CITY approved agreement is obtained.
4.5 Examine all studies, reports, sketches, estimates, specifications, drawings, proposals, and
other documents presented by HLA and provide written decisions within a reasonable time as
not to delay the work of HLA.
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4.6 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
PROJECT.
TI E OF P -F• - A C :
The services called for in this Agreement shall be completed as follows:
1.0 Design Engineering
Plans, specifications, and cost estimate for this phase shall be completed within one-hundred sixty (160)
working days following receipt of signed Agreement. It is anticipated one complete bid package will be
prepared for the Nob Hill Boulevard Resurfacing from 15th to 28th Avenue as well as the Pacific Avenue
Sidewalk Improvements, arid another bid package will be prepared for the Nob Hill Resurfacing from 4th to
15th Avenue. The 15th to 28th Avenue bid package will be bid and constructed, while the 4th to 15th Avenue
bid package will be shovel ready for a future bidding period. The CITY reserves the right to request a
standalone bid package for the Pacific Avenue Sidewalk Improvements, at no additional cost to the CITY.
2.0 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 by the CITY.
3.0 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.
FEE FOR SERVICE:
For services furnished by HLA as described in this Agreement, the CITY agrees to pay HLA the not to
exceed fees as set forth below. The amounts listed below may be revised only by written agreement of
both parties. HLA reserves the right to move fee and hours between Work Tasks as necessary to complete
the PROJECT, but not exceeding the maximum amount of compensation in Section 6. A fee breakdown is
provided in EXHIBIT B attached.
1.0 Design Engineering
Work directed by the CITY for this phase shall be performed on a time-spent basis at the hourly billing rates
provided in EXHIBIT C, plus reimbursement for direct non-salary expenses as described in section 6.1.1
for the estimated maximum fee of $306,710.00. The fee includes up to two bid packages. The Nob Hill
Boulevard Resurfacing fee estimate totals $277,930.00. The Pacific Avenue Sidewalk Improvements fee
estimate totals $28,780,00. The applicable expenditure amounts to each project area (Nob Hill Boulevard
and Pacific Avenue) will be shown separately on monthly invoices.
2.0 Construction Engineering
Work directed by the CITY for this phase shall be negotiated and mutually agreed upon when services are
requested by the CITY.
3.0 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 a time-spent basis at the hourly billing rates provided in EXHIBIT C,
plus reimbursement for direct non-salary expenses as described in section 6.1.1.
End of Exhibit A
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EXHI:IT
Professional Fees
Prpthat nue: Nob Hill Boulthard Restelaeing and Pacific Athnue Sidewalk linermementh
Cileat City ef Yakima
Date Atigyet 252022 6„6 ENGINEER'S Hou...RLY ESTIMATE
Senior %ceased Project Licensed Ts)Man Contract CAD Admint
Task k thasenot Principal Principal Engineer II Land Survey Odin,III Technician Clerical Total Task Direct
Teaton
Engineer Engineer Surveyor Crew Hours Costs
$235 1 6210 $173 $170 524 0 $142 6136 $91
— - .
1,1 Provide Complete Pro ect Management 16 24 24 0 0 8 0 24 96 $16272
' 12 [Provide MonthlyStatus Renown and!nucleon far Performed Work 4 8 8 0 0 0 0 8 28 64,732
1.3 Prepare and Maintain Project Scheduth 0 88000 0 824 $3,792
t 4 'Maintain Project Files far Agency Rat 0 8 8 0 0 0 8 8 32 $4,880
1.6 Perform Quality Assurance and Quality Reviews at Each of the Design a 16 12 0 0 8 12 8 64 $10812
saa,,,,u.l.(00%,60%.90%and Finat
1 6 Attehsli.ii;V 22-hr meetings with Stafictht7ithbOuncdPthiCddress Technical 6 6 6 0 0 0 0 0 16 63,708
Aspects ofthe Work Related to the Pcthect
a
1 7 Attend ic,a.off ffeeling with the City 2 22000 0 08 01,238
' ,8 Conduct a Topographic Survey of the Project Area as required for preliminary 8
0 8 4 96 0 40 0 148 $30,544
plans
1.9 Research and Identify Existing Easements and Right of Way 0 2 2 24 0 0 12 0 40 $6 47$
1.10 Conduct Site Visitto Review Existing Conditions and Survey 0 2 12 0 0 0 12 0 26' $4 128
1.11 Notify Private Utilities and Permitting Authorities of Project 0 0 0 2 0 0 0 0 2 $340
1.12 Review Poblis and Private Utithen 2 4 4 0 0 0 0 0 10 $2 002
1.13 ar4234Aspholtanfes 0 2 8 0 0 0 Cr 2 12 61,986
1.14 Prepare Preliminary Pavement Design 0 4 24 0 0 0 0 4 32 $5 356
1,16 Prepare Prelimmary Design Concept 2 0 48 0 0 0 48 0 108 $16.982
a
i 16 Retries,Padestrum Crossings tor ADA.compliance 2 4 30 0 0 0 la o sa $9.714
1.17 Attend Prelirninary Design Meeting with City 0 2 2 0 0 0 0 0 4 $765
a
1.18 Prepare eo%Plans 8 64 108 0 0 0 108 0 288 $40.692
1,19 Prepare 60%Cast Estimate 0 4 32 0 0 0 8 0 44 $7.484
1.20 Transmit 60%Plans and Cast Estimate to City 0 2 4 0 0 0 4 0 10 $1.856
1 21 Transmit 80%Plans to Utilities for RenaidRelocation Canada Colon 0 2 2 000 0 04 5766
1 22 Aftend BO%Design Meeting Vrth City 0 2 2 0 0 0 0 0 4 $766
.._.
1.23 Prepare 90%Plans 4 32 e4 0 0 0 64 0 184 $27,436
a , .
1,24 Prepare 90%Cost Estimate 0 2 16 0 0 0 8 0 26 64.276
a
1.25 Prepare 90%Specifications and Contract Documents 0 32 48 0 0 48 0 24 102 $24,024
1,26 Traithmit90%Submittal Package to City 0 2 4 000 4 01061.856
$
1.27 Attend 90%Design Meeting wit,,City 0 2 2 0 0 0 0 0 4 $766
1.28 Prepare 100%Plans 3 24 64 0 0 0 64 0 155 $25.521
1,29 Prepare 100%Cost Es Crnate 0 2 8 0 0 0 4 0 14 $2.648
7
1 30 Prepare 100%Opewfications and Contract Sid Documents 0 24 32 0 0 32 0 16 104 $16576'
--r- ......._
1.31 Request Utilities RepaidRelocabon Plans and Coordinsdion 0 2 4 0 0 2 0 2 '10 $1,576
1 32 Transmit 100%Submittal Package to City 0 2 4 000 4 010 $1,658
1 33 Prepare Rid Adverlioement for City Tram writhe!to Newspaper 0 1 2 0 0 2 0 0 5 $840
1.34 Maintain WILAwebotte for balding purposes 0 2 2 0 0 0 0 8 12 61,494
, .
1,35 Prepare and Maintain Planhoider List 011000 0 .8 10 $1111
r$36 I'Answer and Supply information.Requested by Prospective aidaem Cr 4 12 0 0 2 0 0 18 $3 200
r 1 37 IPrepare and las..Addenda to Contract Documents 0 4 8 0 0 0 4 4 20 $3.132
a I
1.38 !Attend Ebel Opening and Bid Evaluation 0 2 2005 0 0 10 61818
1 39 Prepare Tabulation of Bids and Renew eldder Qualifications 0 a 2 9 0 4 0 0 7 $1 124
.--
1 40 'Make Reaminendaton of Award 011002 0 04 $667
1 41 Prepare Notice of kent to Award 0 , 1002 0 2 5 $849
w
1 42 [Contract Exectitthn.Bond and Insurance Review 0 I 2 0 0 6 0 4 13 $1,772
Labor Subtotal ''''- 67 r'316 -.11—$39 11 30 '1 96 r 122 ' 420 11' 133 1810 $304,716
SUBCONSULTANTS
Subedneultants _66 Fee Mark..up
Pro-Cal 0--As$11$106$ _+-$$$ $1,200 1.1 $1.320
Subtotal Subconsultants 31.320
EXPERSES
Expel,ses Cost/Unit Ground Days Days Miles Units
Mileage $0.63 1 550 5220
Printing 6 copies Monotone. $76 6 $450
.,Stibtotal Expenses $670
TOTAL $306,710
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EXHIBIT C
SCHEDUL OF RAT S
FOR
H ngineering and Land Surveying, Inc.
Effective January 1, 2022, through December 31, 2022
Senior Principal Engineer $235.00 per hour
Licensed Principal Land Surveyor $215.00 per hour
Licensed Principal Engineer $210.00 per hour
Licensed Professional Engineer $189.00 per hour
Other Licensed Professional $189,00 per hour
Project Engineer II $173.00 per hour
Licensed Professional Land Surveyor $170.00 per hour
Project Engineer I $155.00 per hour
Contract Administrator III $142.00 per hour
Senior Planner $140.00 per hour
CAD Technician $136.00 per hour
Engineering Technician Ill $128.00 per hour
Resident Engineer $128.00 per hour
Surveyor $126.00 per hour
Surveyor on Two Man Crew $120.00 per hour
Contract Administrator II $118.00 per hour
Engineering Technician II $110.00 per hour
Surveyor on Three Man Crew $105.00 per hour
Contract Administrator I $91.00 per hour
Engineering Technician I $91.00 per hour
Administrative/Clerical $91.00 per hour
Vehicle Mileage Federal Rate
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EXHIBIT C
SCHEDULE OF RATES
FOR
H Engineering and Land Surveying, Inc.
Effective January 1, 2023, through December 31, 2023
Senior Principal Engineer $245.00 per hour
Licensed Principal Land Surveyor $220.00 per hour
Licensed Principal Engineer $218.00 per hour
Licensed Professional Engineer $198.00 per hour
Other Licensed Professional $196.00 per hour
Project Engineer II $180.00 per hour
Licensed Professional Land Surveyor $175.00 per hour
Project Engineer I $161.00 per hour
Contract Administrator Ill $147.00 per hour
Senior Planner $145.00 per hour
CAD Technician $141.00 per hour
Engineering Technician Ill $133.00 per hour
Resident Engineer $133.00 per hour
Surveyor $128.00 per hour
Contract Administrator II $122.00 per hour
Surveyor on Two Man Crew $122.00 per hour
Surveyor on Three Man Crew $108.00 per hour
Engineering Technician II $114.00 per hour
Contract Administrator I $95.00 per hour
Engineering Technician I $95.00 per hour
Administrative/Clerical $95.00 per hour
Vehicle Mileage Federal Rate
End of Exhibit C
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