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HomeMy WebLinkAboutHLA - Proposal and Agreement for Professional ServicesWTL7-1 f 7"1 TF 2301 Fruitvale Boulevard Yakima, WA 98902 Attn: Mike Shane Water/Irrigation Manager Re: City of Yakima Water Treatment Plant Intake Project DR Easement Survey 51-101709 Proposal and Agreement for Professional Services Dear Mike: ALA Engineering and Land Surveying, Inc. (HLA), is pleased to respond to your request to provide professional services for the above -referenced project. III I I 1111111113 1 FACISK41 I I LOW M01 0 V-9 63 (1 HIM kyr-42MMUM I MAG r�VZJ Ili IIIIII a I I 8141,11IT JJJ[;JJ RESOLUTION NO: Printed Name: Robert Harrison Title, City Manager HLA ENGINEERING AND LAND SURVEYING, INC. Signature f f e Printed Rame: MichaelT.- Battle, PE_ <' 1 1; Date: 1109 =I- a STATE OF WASHINGTON )ss. COUNTY OF YAKIMA 'Z Dated: Ve I ILJ klc* , 2r= (Signature) +tk rA L) Title j C Printed Name My commission expires: Initial: CLIENT: HLA: AZZ9— STATE OF WASHINGTON )ss. COUNTY OF YAKIMA I certify that I know • have satisfactory evidence that Michael T. Battle, PE is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the President of HLA Engineering and •! • Inc. to be the free and • act of such party '.:• the uses and purposes mentioned in the instrument. Dated: 1-'Vi tt to Initial: CLIENT: HLA: 61m— 1 *1140 11 :1111� This scope of work shall include the furnishing of all services, labor, materials, equipment, supplies, and incidentals necessary to conduct and complete work for the above referenced project as described City of Yakima Water Treatment Plant Intake Project DNR Easement Survey 51-101709 1, HLA will field survey the Section corner locations as shown on the survey prepared by the Yakima County Roads Department doted K8ondl 14' 2023. The field survey will include verifying the location ufengineered log jam structures A.B'and C. 2. HLA will prepare o record of survey showing the property corners afd and fi|o the survey with Yakima County. 3. HLA will review the legal descriptions for the log jam easements and confirm the accuracy of the legal descriptions. 4. The Client will provide any available title reports for the adjacent properties. 5. HLAwill provide signed PDF files, AutuCADfiles, and paper copies (if requested) ofthe record of survey. surv�y -meets the relative accuracy standards of WAC 332-130. If, during our survey efforts, we find a discrepancies we will bring the discrepancy to the attention of the City of Yakima and recommend solutio to resolve it. I Initial: CLIENT: Ax:u-zlw-- Senior Principal Engineer $25D.00per hour Licensed Principal Engineer $223.OUper hour Licensed Principal Land Surveyor $22l0Oper hour Licensed Professional Engineer $2O1.OUper hour Other Licensed Professional $2U1.00per hour Project Engineer || $184.00per hour Licensed Professional Land Surveyor $181.OUper hour Project Engineer | $185.00per hour Contract Administrator |i| $151.00 per hour Senior Planner $14&.OUper hour CAD Technician $145.O0per hour Engineering Technician U| $13O.00per hour Planner $130.OUper hour Resident Engineer $136.OUper hour Surveyor $134.OUper hour Surveyor nnTwo Man Crew $128.ODper hour Contract Administrator || $128.00 per hour Engineering Technician || $117.00per hour Surveyor onThree Man Crew $112.UDper hour Contract Administrator | $97.00 per hour Engineering Technician | $97.00per hour Admin imtrativa/C|ahca| $07.00 per hour Vehicle Mileage Federal Rate Rates in effect at the time. Initial: CLIENT: HLA: 12�� G: \PRO Yakima Water Intake DNRGumey,ducx General Conditions of Agreement Time Period for Performance of Services HLA will perform its services inadiligent manner tocompletion. HLA will not beresponsible for delays caused byfactors beyond HLA'scontrol, mwhich could not readily have been foreseen atthe time ofexecution m[thiuAgmnment |nthe event ufdelinquency inany payment due HLA under the terms of this Agreement, HLA may suspend all services until all payment delinquencies have been remedied. ' Additional Services Client and HLA agree that not all work to be performed byHLA can bedefined indetail at the time ofexecution ufthis Agreement. Additional work related to the project mmodifications to the scope ofwork may borequired mappropriate during the term ofengagement. Client may, at any time, by written order, direct HLA to revise or modify portions of the project work or request that HLA perform additional work beyond the scope ufwork covered inthe Basic Services, Exhibit ASuch changes shall bereferred t000Additional Services. Additional engineering msurveying services as described above, and including, but not limited to, consultation during construction, construction staking, construction observation, andrecnrddmwnOprepmmUun.wiUbobi!ledotmsnunna|huudybi||ingrateuineffectmtthaUmeofaervoa. Billings Monthly billings will homade as work progresses, and afinal billing will bamade atthe completion of work. Payment will bmdue within 30 days of the date of billing. A service charge of 1.50% per month will be applied to the unpaid balance commencing 30 days from the date of billing. Opinions of Cost Any opinions mestimates ofcost (including probable construction cost) are made based on experience and in the exercise of HLA's bestjudgment amuprofessional firm generally familiar with the industry. However, since HLA has nncontrol over the cost uflabor, materials, equipment, m services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, HLA cannot and does not guarantee urwarrant that proposals, bids, or actual construction costs will not vary from opinions or estimates of cost prepared byHLA. Standard of Performance The standard of care for all professional engineering and surveying and related services provided by HLA underthis Agreement will bethe care and skill ordinarily used bymembers m[HLA'sprofession practicing under similar circumstances at the same time and inthe same locality. HLA makes no other warranties, express or implied, under this Agreement or otherwise, in connection with the provision ufsuch professional services. Construction and Safety During the Construction Phase. HLA shall not supervise, direct, or have oonhn| over Contractor's m construction work, nor shall HLA have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction, selected by Clients(Owners or Contractors, for safety precautions and programs incidental to construction work, nor for any failure of Client/Owner or Contractors to comply with any laws and regulations applicable to the project orprovision ofwork and/or materials for the project. HLA neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the work inaccordance with the contract documents. HLA shall not beresponsible for the acts momissions of any Conhactor(s).subcontractor msupplier, mof their agents memployees, or any other persons (except HLA's employees) otthe site motherwise furnishing mperforming any services unorfor the benefit ufthe project; mfor any decision, interpretation, m'clarifications ofthe contract documents except maprovided byHLA following consultation and full disclosure uf facts and circumstances. The General Conditions for any construction contact documents prepared hereunder are to be the latest edition of the Standard Specifications for Road, Bridge, and Municipal Construction, as published by the Washington State Department of Transportation and the American Public Works Association, unless both parties mutually agree to use other General Conditions. Initial: CLIENT: HLA: REV 09/20 Indemnification and Hold Harmless a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or property. The Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, 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 Contractor, or any Contractor's agent or subcontractor, in performance of this Agreement, except for claims caused by the City's sole negligence. b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that maybe granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's 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, Contractor shall require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor 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. c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, 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 Contractor and the City, the Contractor's liability, including the duty and cost to defend, shall be only to the extent of the Contractor's negligence. d. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party, e. The terms of this section shall survive any expiration or termination of this Contact. Contractor's Liability Insurance At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. Contractor shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy will be included with the certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by Contractor's insurance. If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract. Initial: CLIENT: HLA: AK?Z;a— G:TROPOSALS\202312023-06-06 Yakima Water Intake DNR Survey.docx REV 09/20 Page 3of5 The following insurance isrequired: a. Commercial Liability Insurance Before this Contract is fully executed by the parties, Contractor ohoU provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars ($2.000.00.00)per occurrence, combined single limit bodily injury and property damage, and Two Million Dollars ($2,0O ,000.00)Uonera| aggregate. |fContractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits. 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 boineffect for the duration ofthis Contract. The certificate ufinsurance and additional insured endorsement shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and shall contain aclause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated &-V|| or higher in Bmut'u Guide and admitted in the State of Washington, The requirements contained herein, as well as City ufYakime'o review or acceptance of insurance maintained by Contractor iunot intended band shall not inany manner limit orqualify the liabilities mobligations assumed byContractor under this contract. lb� Automobile Liability Insurance Before this Contract is fully executed bythe parties, Contractor shall provide the City with a certificate ofinsurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. |fContractor carries higher coverage limits, such limits shall be shown on the Certificate ufInsurance and Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional insureds for suchhigher limits. 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 certificate of insurance and additional insured endorsement shall name the City ufYakima, its elected and appointed offioiu|a, emp|nyaoo, mgmnts, oUomeym and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Bests Guide and admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and Non -Owned coverage if necessary. Employer's Liability (Stop Contractor and all Subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this Contact. Contractor agrees to assume full liability for all claims arising from this Contact including claims resulting from negligent acts of all Subcontractor(s). Contractor is responsible to ensure Subcontractor(s) have insurance as needed. Failure of Subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or responsibility. Use of Documents All reports, field data, field notes, calculations, opinions of probable construction costs, design documents, specifications, and other documents prepared byHLAunder this Agreement are instruments of service, and HLA shall retain an ownership and property interest(including the copyright and the right of reuse) in such documents whether or not the project is completed. Files inelectronic format that are furnished byHLAtoClient, or to others as directed by Client, are only for convenience of Client, Any conclusion minformation obtained orderived from such electronic files will boat the user's risk. When transferring documents inelectronic media fonnmL HLA makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use ufsoftware application packages, operating systems, orcomputer hardware. Copies ufdocuments that may berelied upon byClient are limited to those printed copies (also known mahard copies) that are sealed and signed by HLA If there is a discrepancy between the electronic files and printed copies, the printed copies with seal and signature govern. Inspection and Production ofRecords a The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure delay in making) such inspection or approval shall not relieve Contractor ufresponsibility in accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying perfon-nance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. |n0e|: CLIENT: HUA: REV 09/20 bContractor shall promptly furnish the City with such information and records which are related to the Services of this Contact as may be requested by the City. u All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City ufYakima records. They must boproduced to third parties, ifrequired pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contact must h*retained by Contractor for the minimum period uftime required pursuant to the Washington Secretary of@mte'urecords retention schedule. d The terms of this section shall survive any expiration mtermination of this Contract. � Design without Construction Phase Services ' Should Client provide Construction Phase services with either Clients mpmon���oura�i�pud�Hb�nuomi�mundm��Ag�wmmtwiU | ~~ ~'be considered completed upon completion of the Final Design Phase or Bidding Phase as outlined in Exhibit A Scope of Services. 8isunderstood and agreed that ifHLA's services under this Agreement do not include construction staking, project observation, orreview of the Cunhaxb/u porfomnmnoe, or any other Construction Phase services, such services will be provided by Client. The Client emumma all responsibility for interpretation of the contract documents and for construction observation or review and waives any claims against HLA that may boinany way connected thereto, Client's Responsibilities Client will provide HLA with all criteria and full information as to Client's requirements for the project, including design objectives and constraints, space, capacity, performance requirements, budgetary limitations; copies ufall design and construction standards which Client will require tohm included in subsequent contract documents prepared by HLA; and any other information pertinent to the project, including property descriptions, title reports, covenants, zoning, land use restrictions, boundary, easement, rights of way, and other special surveys or data. Client shall further advise HLA of any known or suspected site conditions, title defects or limitations, or other facts or conditions material to services provided by HLAand otherwise discoverable byClient inthe exercise ofdue diligence, Client shall provide for safe access to and make all provisions for HLA to enter upon public and private property as required bperform services under this Agreement, examine all alternate solutions, studies, reports, sketches, drawings, plans, specifications, and other documents presented by HLA and render in writing timely decisions pertaining thereto, Client will furnish approvals and permits from all governmental authorities and entities having jurisdiction over the project and such approvals and consents from others uumay b*necessary hncmnpletiunufthaprojoct. HLA may use and rely upon all information furnished byClient. Termination By Enginee : Upon seven days written notice if(i)HLAbelieves that HLA is being requested byClient tofurnish or perform services contrary to HLA'eresponsibilities eua licensed professional; m(2) ifHLA'sservices for the project are delayed msuspended for more than 9Udays for reasons beyond HLA'ucontrol. HLAshall have noliability toClient onaccount ofsuch tenninutioo. For CoEvenience: Client may terminate this Agreement for its own convenience as follows: Client shall give written notice that it has chosen to terminate for convenience, such notice shall direct that MLAcease its performance omofadate specified inthe notice. |nthe event ofmtermination for convenience, the Client shall pay HLA, within ten days oYreceipt ufuninvoice therefore, for all proper charges upto the date oftermination and any and all reasonable expenses or costs incurred as a result of the termination and any close-out costs. Close-out Costs� In the event the Agreement is terminated for the Client's convenience or due to no fault on the part of the Client, HLA reserves the right tocomplete such analysis and records uumay hmnecessary toplace its files inorder and, where considered professionally advisable, tocomplete areport mnwork performed todate. A termination charge to defray the cost thereof, in an amount not to exceed ten (10) percent of all charges incurred upto the date of the termination of the services, may be made at the discretion of HLA. Dispute Resolution event ofedispute arising out oforrelated to this Agreement, orthe breach malleged breech thereof,inwhich the dispute cannot be resolved through negotiations between the parties, the parties agree that the dispute shall be submitted to non -binding mediation. Either party may make the initial submission. Each party shall pay its own costs (including, if applicable, its attorney and expert witness costs) and one-half of the charge levied by the mediation service andlor mediator. Litigation: If any dispute is not resolved through non -binding modietion, venue for litigation arising under urrelated to this Agreement, or the breach or alleged breach hereof, shall be in Yakima County, Washington, Superior Court. Arbitration: Nothing stated herein shall preclude the parties from later agreeing, by way of a document signed by both parties, to submit any such dispute to arbitration. Initial: CLIENT: HUA: A%2F_ REV 09/20 ZMM Governing Law. This Contact shall be governed by and construed inaccordance with the laws ofthe State of Washington Jurisdiction and Venue. The venue for any action to enforce or interpret this Contract shall lie in a competent jurisdiction in Yakima County, Washington. |nthe event that HLA retains an attorney mother agent for purposes of enforcing the terms of this Agreement (including payment of bills and mxpenueo.Client agrees to pay all such reasonable oUomey's fees and costs associated therewith, including, but not limited to, filing fees, mxpmd and witness fees, deposition and discovery costs, and all other costs and expenses reasonably incurred in the enforcement and/or prosecution ufrights under this Agreement. Aazardous Environmental Conditions Entire Agreement The Agreement, including these General Conditions, represents the entire and integrated Agreement between the parties with respect toits subject matter and supersedes all prior and contemporaneous negotiations, representations, and agreements, whether written or oral. Except as may be specifically provided herein, the Agreement shall not be modified or amended except by way of a written document signed by both HLAand the Client. Severability Initial: CLIENT: