HomeMy WebLinkAboutR-2023-155 Resolution authorizing an agreement with HLA Engineering and Valley Community Park Pedestrian Bridge RESOLUTION NO. R-2023-155
A RESOLUTION authorizing an agreement with HLA Engineering and Land Surveying, Inc.
to provide engineering services for the Pedestrian Bridge over Wide
Hollow Creek at West Valley Community Park project.
WHEREAS, the City has the need to replace the existing bridge and design a new
pedestrian Bridge over Wide Hollow Creek at West Valley Community Park located at 1330 S.
80th Avenue, Yakima, Washington. The new pedestrian bridge may be referred to herein as
"Pedestrian Bridge", and
WHEREAS, the current bridge is narrow and does not provide ADA compliant access to
the park, and
WHEREAS, the Pedestrian Bridge project will provide access to West Valley
Community Park and West Valley Middle School and Junior High School, and
WHEREAS, the Yakima City Council and Yakima Parks and Recreation Commission have
previously approved a comprehensive plan that includes the replacement of the pedestrian
bridge; 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 this project; and
WHEREAS, the City desires to contract with HLA Engineering and Land Surveying, Inc.
to complete the 30% design of the project, and
WHEREAS, the design of the Pedestrian Bridge project will utilize REET 1 funds for the
design work, and
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 Forty-Four Thousand Two Hundred Dollars ($44,200.00) to provide the
Professional Services as described in the Agreement.
ADOPTED BY THE CITY COUNCIL this 21th day of November, 2023.
r \
Janice Deccio, Mayor
ATTEST:
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Rosalinda Ibarra, City Clerk -"*"
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For City of Yakima Use Only:
Contract No 2023-aO AGREEMENT
Project No.
Resolution No.2023- 155 BETWEEN
SOQ No.12330Q
CITY OF YAKIMA, WASHINGTON
AND
HLA ENGINEERING AND LAND SURVEYING, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this \day of September 2023, by and
between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North
Second Street, Yakima, WA 98901, (hereinafter referred to as "CITY"), and HLA Engineering and Land
Surveying, Inc., with its principal office at 2803 River Road, Yakima, WA 98902, (hereinafter referred to as
"ENGINEER"); said corporation being licensed and registered to do business in the State of Washington,
and will provide engineering services under this Agreement for the WIDE HOLLOW CREEK PEDESTRIAN
BRIDGE project on behalf of the City of Yakima, Project No. , herein referred to as the"PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and
construction of the PROJECT, as described in this Agreement and subsequent Amendments thereto; and
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with
knowledge and experience necessary to satisfactorily accomplish the work within the required time and that
it has no conflicts of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and ENGINEER agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in
writing by both parties, duties of ENGINEER shall not be construed to exceed those
services specifically set forth herein.
2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign,
Michael T. Battle, PE as Principal-in-Charge throughout the term of this Agreement unless
other personnel are approved by the CITY.
2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled "Scope
of Services" (WORK) which is attached hereto and made a part of this Agreement as if fully set
forth herein.
2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by
ENGINEER can be defined in detail at the time this Agreement is executed, and that additional
WORK related to the Project and not covered in Exhibit A may be needed during performance of
this Agreement. CITY may, at any time, by written order, direct the ENGINEER to revise portions
of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the
PROJECT, or request that the ENGINEER perform additional WORK beyond the scope of the
PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services."
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2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or
time required for, performance of any services under this Agreement, a contract price
and/or completion time adjustment pursuant to this Agreement shall be made and this
Agreement shall be modified in writing and accepted by the parties hereto.
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the ENGINEER according to the provisions set forth in Exhibit C, attached hereto
and incorporated herein by this reference, and if so authorized, shall be considered part of
the PROJECT WORK. The ENGINEER shall not perform any Additional Services until so
authorized by CITY and agreed to by the ENGINEER in writing.
2.3 The ENGINEER must assert any claim for adjustment in writing within thirty(30) days from the date
of the ENGINEER's receipt of the written notification of change.
SECTION 3 TERM
31. The term for this AGREEMENT shall be from the date of signature of both parties through
December 31, 2024.
SECTION 4 CITY'S RESPONSIBILITIES
4.1 CITY-FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the CITY'S
possession relating to the ENGINEER'S services on the PROJECT including information on any
pre-existing conditions known to the CITY that constitute hazardous waste contamination on the
PROJECT site as determined by an authorized regulatory agency.
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,
specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor,
accountant, auditor, bond and financial advisors, and other consultants as CITY deems
appropriate; and render in writing decisions required of CITY in a timely manner. Such
examinations and decisions, however, shall not relieve the ENGINEER of any contractual
obligations nor of its duty to render professional services meeting the standards of care applicable
to its profession.
4.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this
Agreement. CITY'S Representative shall have complete authority to transmit instructions and
receive information. ENGINEER shall be entitled to reasonably rely on such instructions made by
the CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall
be responsible for bringing to the attention of the CITY'S Representative any instructions which the
ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER'S
knowledge.
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 shall be entitled to
reasonably rely upon the accuracy and the completeness of such documents, services and reports,
but shall be responsible for exercising customary professional care in using and reviewing such
documents, services, and reports and drawing conclusions from them.
SECTION 5 AUTHORIZATION, PROGRESS, AND COMPLETION
5.1 In signing this AGREEMENT, CITY and ENGINEER agree that at such time as the CITY provides
ENGINEER specific written authorization to proceed with one or more of the tasks described in
EXHIBIT A, ENGINEER shall begin work. The time for completion of each task shall be as mutually
agreed.
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SECTION 6 COMPENSATION
6.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services
described in Exhibit A, compensation shall be according to Exhibit C - Schedule of Specific Hourly
Rates, attached hereto and incorporated herein by this reference, 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 costs
incurred on or directly for the PROJECT including, but not limited to, necessary
transportation costs, including current rates for ENGINEER'S vehicles; meals and lodging;
laboratory tests and analyses; printing, binding and reproduction charges; all costs
associated with other outside nonprofessional services 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 a reasonable markup, not to exceed ten percent (10%), and on the basis of
current rates when furnished by ENGINEER. Estimated Direct Non-Salary Expenses are
shown in Exhibit B.
6.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the ENGINEER and each of the
Subconsultants in connection with PROJECT WORK; provided, as follows:
• That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents
per mile will be paid for the operation, maintenance, and depreciation
costs of company or individually owned vehicles for that portion of time
they are used for PROJECT WORK. ENGINEER,whenever possible,will
use the least expensive form of ground transportation.
• That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person. This rate may be
adjusted on a yearly basis.
• That accommodation shall be at a reasonably priced hotel/motel.
• That air travel shall be by coach class, and shall be used only when
absolutely 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 costs, but are considered included
in the Schedule of Specific Hourly Billing Rates.
6.1.3 Professional Subconsultants. Professional Subconsultants are those costs for
engineering, architecture, geotechnical services and similar professional services
approved by the CITY. Reimbursement for Professional Subconsultants will 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 Subconsultant costs are
shown in Exhibit B.
6.2 Unless specifically authorized in writing by the CITY,the total budgetary amount for this PROJECT
shall not exceed forty-four thousand, two hundred dollars ($44,200.00). The ENGINEER shall
make all reasonable efforts to complete 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 budget, as may be adjusted,
nor is the CITY obligated to pay the ENGINEER beyond these limits. When any budget has been
increased,the ENGINEER'S excess costs expended prior to such increase will be allowable to the
same extent as if such costs had been incurred after the approved increase, and provided that the
CITY was informed in writing at the time such costs were incurred.
6.3 The ENGINEER shall submit to the CITY's Representative an invoice each month for payment for
PROJECT services completed through the accounting cut-off day of the previous month. Such
invoices shall be for PROJECT 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,
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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 ENGINEER, or any of ENGINEER's
agent(s) or subcontractor(s), in performance of this Agreement, except for claims caused
by the CITY's sole negligence. The CITY's right to indemnification includes attorney's fees
and costs associated with establishing the right to indemnification hereunder in favor of the
CITY.
7.4.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the
ENGINEER waives any immunity that may be granted to it under the Washington State
industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification.
ENGINEER'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.
ENGINEER shall require that its subcontractors,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 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
ENGINEER and the CITY,the ENGINEER's liability, including the duty and cost to defend,
shall be only to the extent of the ENGINEER's negligence.
7.4.4 Nothing contained in this Section or this Agreement shall be construed to create a liability
or a right of indemnification in any third party.
7.4.5 The terms of this Section shall survive any expiration or termination of this Agreement.
7.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this Agreement shall not be limited in any way by any limitation
on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER
or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other
employee benefit acts. The ENGINEER specifically and expressly waives its immunity under the
Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the
ENGINEER and the CITY.
7.6 It is understood that any resident engineering or inspection provided by ENGINEER is for the
purpose of determining compliance with the technical provisions of PROJECT specifications and
does not constitute any form of guarantee or insurance with respect to the performance of a
contractor. ENGINEER does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for contractors' compliance with laws
and regulations. CITY shall use its best efforts to ensure that the construction contract requires
that the contractor(s) indemnify and name CITY, the CITY's and the ENGINEER's officers,
principals, employees, agents, representatives, and engineers as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability.
7.7 ENGINEER shall be solely responsible for and shall pay all taxes, deductions, and assessments,
including but not limited to federal income tax, FICA, social security tax, 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, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observation, exploration, and investigations
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have been made. Because of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect total PROJECT cost and/or
execution. These conditions and cost/execution effects are not the responsibility of the
ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate standard
of professional care, 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 attached Exhibits. The project schedule and
performance dates for the individual tasks shall be mutually agreed to by the CITY and the
ENGINEER within fifteen (15) days after execution 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 ENGINEER, but
may be extended or increased by the CITY in the event of a delay caused by special services
requested by the CITY or because of unavoidable delay caused by any governmental action or
other conditions beyond the control of the ENGINEER which could not be reasonably anticipated
or avoided.
8.2 Not later than the tenth (10th)day of each calendar month during the performance of the PROJECT,
the ENGINEER shall submit to the CITY's Representative a copy of the current schedule and a
written narrative description of the WORK accomplished by the ENGINEER and subconsultants on
each task, indicating a good faith estimate of the percentage completion thereof on the last day of
the previous month. Additional oral or written reports shall be prepared at the CITY's request for
presentation to other governmental agencies and/or to the public.
SECTION 9 REUSE OF DOCUMENTS
9.1 All internal WORK products of the ENGINEER are instruments or services of this PROJECT. There
shall be no reuse, change, or alteration by the CITY or others acting through or on behalf of the
CITY without written permission of the ENGINEER, which shall not be unreasonably withheld and
will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its officers,
employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs
including, but not limited to, litigation expenses and attorney's fees arising out of or related to such
unauthorized reuse, change, or alteration; provided, however, that the ENGINEER will not be
indemnified for such claims, damages, losses, and costs including, without limitation, litigation
expenses and attorney fees if they were caused by the ENGINEER's own negligent acts or
omissions.
9.2 The ENGINEER agrees that any and all plans, drawings, designs, specifications, computer
programs, technical reports, operating manuals, calculations, notes, 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 Agreement, whether or not complete, shall be owned by and vested in the
CITY.
9.3 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter
"Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual
Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER
does not grant CITY any right or license to such Intellectual Property.
SECTION 10 AUDIT AND ACCESS TO RECORDS
10.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and other
evidence directly pertinent to performance of the WORK under this Agreement in accordance with
generally accepted accounting principles and practices consistently applied. The CITY, or the
CITY's duly authorized representative, shall have access to such books, records, documents, 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 to such books, records, 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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10.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
10.3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the ENGINEER is afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any supporting documentation on
the pertinent portions of the draft audit report and that the final audit report will include ENGINEER's
written comments, if any.
10.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the Project.
10.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY.
SECTION 11 INSURANCE
11.1 At all times during performance of the WORK or obligations under this Agreement, ENGINEER
shall secure and maintain in effect insurance to protect the CITY, its elected and appointed officials,
officers, agents, employees, volunteers and the ENGINEER from and against all claims, damages,
losses, and expenses arising out of or resulting from the performance of this Agreement.
ENGINEER shall provide and maintain in force insurance in limits no less than those 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. If ENGINEER carries higher coverage limits than the limits stated
below, such higher limits shall be shown on the Certificate of Insurance and Endorsements and
ENGINEER shall be named as an additional insured for such higher limits. 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 as a waiver
of ENGINEER's obligation to maintain such insurance. ENGINEER's insurance coverage shall be
primary insurance with respect to those who are Additional Insureds under this Agreement. Any
insurance, self-insurance or insurance pool coverage maintained by the CITY shall be in excess of
the ENGINEER's insurance and neither the CITY nor its insurance providers shall contribute to any
settlements, defense costs, or other payments made by ENGINEER's insurance. All additional
insured endorsements required by this Section shall include an explicit waiver of subrogation.
11.1.1 Commercial General Liability Insurance. Before this Agreement is fully executed by
the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of
commercial liability insurance and commercial umbrella liability insurance with a total
liability limit of the limits required in the policy, subject to minimum limits of Two Million
Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate
shall clearly state who the provider is,the coverage amount,the policy number,and when
the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this Agreement. The policy shall name the CITY, its elected and appointed
officials, officers,agents, employees, and volunteers as additional insureds. The insured
shall not cancel or change the insurance without first giving the CITY thirty(30) calendar
days prior written notice. The insurance shall be with an insurance company or
companies rated A-VII or higher in Best's Guide and admitted in the State of Washington.
11.1.2. Commercial Automobile Liability Insurance.
a. If ENGINEER owns any vehicles, before this Agreement is fully executed by the
parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of
commercial automobile liability insurance and commercial umbrella liability insurance
with a total liability limit of the limits required in the policy, subject to minimum limits of
Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury
and property damage. Automobile liability will apply to"Any Auto" and be shown on the
certificate.
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b. If ENGINEER does not own any vehicles, only"Non-owned and Hired Automobile
Liability" will be required and may be added to the commercial liability coverage at the
same limits as required in that section of this Agreement,which is Section 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-VII or higher in Best's Guide. If the policy is written on a claims made basis the
coverage will continue in force for an additional two years after the completion 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, a description of all WORK completed
by subconsultants and subcontractors during the preceding month and copies of all invoices
thereto.
12.5 If dissatisfied with the background, performance, 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 heirs, successors and assigns of the parties hereto. This
Agreement may not be assigned by CITY or ENGINEER without prior written consent of the other,
which consent will not be unreasonably withheld. The ENGINEER for itself and its heirs, executors,
administrators, successors and assigns, does hereby agree to the full performance of all of the
covenants herein contained upon the part of the ENGINEER. It is expressly intended and agreed
that no third party beneficiaries are created by this Agreement, and that the rights and remedies
provided herein shall inure only to the benefit of the parties to this Agreement.
SECTION 14 INTEGRATION
14.1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with respect
to those matters covered herein. This Agreement may not be modified or altered except in writing
signed by both parties.
SECTION 15 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 part of this
Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void
insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and
effect. Venue for all disputes arising under this Agreement shall lie in a court of competent
jurisdiction in Yakima County, Washington.
SECTION 16 EQUAL EMPLOYMENT and NONDISCRIMINATION
16.1 During the performance of this Agreement, ENGINEER and ENGINEER's subconsultants and
subcontractors shall not discriminate in violation of any applicable federal, state and/or local law or
regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any
other classification protected under federal, state, or local law. This provision shall include but not
be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, selection for training, and the
provision of services under this Agreement. ENGINEER agrees to comply with the applicable
provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and
regulations.
SECTION 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 circumstances beyond CITY's control are interfering with normal progress of the
WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under
this Agreement if unforeseen circumstances beyond ENGINEER's control are interfering with
normal progress of the WORK. ENGINEER may suspend WORK on the PROJECT in the event
CITY does not pay invoices when due, except where otherwise provided by this Agreement. The
time for completion of the WORK shall be extended by the number of days WORK is suspended.
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If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to
renegotiation,and both parties are granted the option to terminate WORK on the suspended portion
of Project in accordance with SECTION 17.
SECTION 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.
However, no such termination may be effected unless the other party is given: (1) not less than
fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of
intent to terminate; and (2) an opportunity for consultation and for cure with the terminating party
before termination. Notice shall be considered issued within seventy-two (72) hours of mailing by
certified mail to the place of business of either party as set forth in this Agreement.
18.2 In addition to termination under subsection 18.1 of this Section,CITY may terminate this Agreement
for its convenience, in whole or in part, provided the ENGINEER is given: (1) not less than fifteen
(15) calendar days written notice delivered by certified mail, return receipt requested, of intent to
terminate; and (2) an opportunity for consultation with CITY before the effective termination date.
18.3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price
pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated profit
on unperformed services or other WORK, and (2) any payment due to the ENGINEER at the time
of termination may be adjusted to the extent of any additional costs or damages CITY has incurred,
or is likely to incur, because of the ENGINEER'S breach. In such event, CITY shall consider the
amount of WORK originally required which was satisfactorily completed to date of termination,
whether that WORK is in a form or of a type which is usable and suitable to CITY at the date of
termination and the cost to CITY of completing the WORK itself or of employing another firm to
complete it. Under no circumstances shall payments made under this provision exceed the contract
price. In the event of default, the ENGINEER agrees to pay CITY for any and all damages, costs,
and expenses whether directly, indirectly, or consequentially caused by said default. This provision
shall not preclude CITY from filing claims and/or commencing litigation to secure compensation for
damages incurred beyond that covered by contract retainage or other withheld payments.
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 shall include payment for services satisfactorily
performed to the date of termination, in addition to termination settlement costs the ENGINEER
reasonably incurs relating to commitments which had become firm before the termination, unless
CITY determines to assume said commitments.
18.5 Upon receipt of a termination notice under subsections 18.1 or 18.2 above, the ENGINEER shall
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to CITY all originals of data, drawings, specifications, calculations,
reports, estimates, summaries, and such other information, documents, and materials as the
ENGINEER or its subconsultants may have accumulated or prepared in performing this Agreement,
whether completed or in progress, with the ENGINEER retaining copies of the same.
18.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK
to completion utilizing other qualified firms or individuals; provided, the ENGINEER shall have no
responsibility to prosecute further WORK thereon.
18.7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined
that the ENGINEER has not so failed, the termination shall be deemed to have been effected for
the convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be
determined as set forth in subparagraph 18.4 of this Section.
18.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the
ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its
obligations to complete performance under this Agreement without the concurrence and written
approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment
shall be made as set forth in subparagraph 18.3 of this Section.
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SECTION 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: Ken Wilkinson, Parks and Recreation Manager
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
22.1 ENGINEER agrees to perform all WORK under and pursuant to this Agreement in full compliance
with any and all applicable laws, rules, and regulations adopted or promulgated by any
governmental agency or regulatory body, whether federal, state, local, or otherwise, including
policies adopted by the CITY, as those laws, ordinances, rules, regulations, and policies now exist
or may hereafter be amended or enacted. ENGINEER shall procure and have all applicable and
necessary permits, licenses and approvals of any federal, state, and local government or
governmental authority or this project, pay all charges and fees, and give all notices necessary and
incidental to 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 or governmental authority or this 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 a City Business License. ENGINEER must procure a City of Yakima
Business License and pay all charges, fees, and taxes associated with said license.
22.2.2 ENGINEER must provide proof of a valid Washington department of Revenue state excise
tax registration number, as required in Title 85 RCW.
22.2.3 ENGINEER must provide proof of a valid Washington Unified Business Identification (UBI)
number. ENGINEER must have a current UBI number and not be disqualified from bidding
on any public works contract under RCW 39.06.101 or 36.12.065(3).
22.2.4 ENGINEER must provide proof of a valid Washington Employment Security Department
number as required by Title 50 RCW.
22.2.5 Foreign (Non-Washington) Corporations: Although the CITY does not require foreign
corporate proposers to qualify in the CITY, 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 of Yakima, at
their own expense, without regard to whether such corporation is actually awarded the
contract, and in the event that the award is made, prior to conducting any business in the
CITY.
SECTION 23 MISCELLANEOUS PROVISIONS
23.1 Nondiscrimination. During the performance of this Agreement, the ENGINEER agrees as follows:
The ENGINEER shall not discriminate against any person on the grounds of race, creed, color,
religion, national origin, sex, age, marital status, sexual orientation, gender identity, pregnancy,
veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical
handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or
the Americans with Disabilities Act (42 USC 12101 et seq.). This provision shall include but not be
limited to the following: employment, upgrading, demotion,transfer, recruitment, advertising, layoff
or termination, rates of pay or other forms of compensation, selection for training, and the provision
of WORK under this Agreement. In the event of the ENGINEER's noncompliance with the non-
discrimination clause of this contract or with any such rules, regulations, or orders, this Agreement
may be cancelled, terminated, or suspended in whole 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 about, discussed, or
disclosed their own pay or the pay of another employee or applicant. However, employees who
have access to the compensation information of other employees or applicants as a part 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 a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or(c) 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.
OZeiC2-->/:/- 1/4.---P.,. A!__A
Bob Harrison Signature
Printed Name: Robert Harrison Printed Name: Michael T. Battle, PE
Title: City Manager Title: President
` G
1 ()
Date: NOV ' ` �D ` Date: ® 2 Z3
I:, Kli,^q,I�1`II
1
Attest %. A.. �. '_—, -'.*— i i
City Olerk * SEAL I',
6Ilh ..4 Off',.Resolution. R-2023- 155
Contract 2023-a01 'h%41SI-iING�=
G.\Contracts&Task Orders\Yakima\2023\Wide Hollow Creek Pedestrian Bndge\2023-10-26 Professional Services Agreement Docx Page 14
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA )
I certify that I know or have satisfactory evidence that Robert Harrison is the person who appeared before
me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized
to execute the instrument, and acknowledged it as the CITY MANAGER of the CITY OF YAKIMA,to be the
free and voluntary act of such party
yffor
�the uses and purposes mentioned in the instrument.
l v Dated: VV , �' - 7 cV�
Seal or Stamp
IIIIIIi ii// Oa-Lb?), R ' AC
Q......1..pq.b., �� (Signatur e)
V..ss F,;..F I v
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NOTARY �N
-r9
NO.107265 = Title
�. Luc : �Li Q . Pry(
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My commission expires: .-1,1, 6 D:
G\Contracts&Task Orders\Yakima\2023\Wide Hollow Creek Pedestrian Bndge\2023-10-26 Professional Services Agreement Docx Page 15
STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that Michael T. Battle, PE is the person who appeared
before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she
was authorized to execute the instrument, and acknowledged it as the President of HLA Engineering and
Land Surveying, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument. •-7
Dated: Othh_e_r- 9, ` 1 2023
Seal or Stamp
(Sig ture)
412-te"-id
ol‘tttittritt Title 4
•��' ��N• F Printed Name
TA.... MUG •�- My commission expires:d Q./il I�CGL�I•� 28, 2 D 25
9) No ,0C• ?• , ,J
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G:\Contracts&Task Orders\Yakima\2023\Wide Hollow Creek Pedestrian Bridge\2023-10-26 Professional Services Agreement Docx Page 16
EXHIBIT A
SCOPE OF SERVICES
CITY OF YAKIMA
WIDE HOLLOW CREEK PEDESTRIAN BRIDGE
HLA Project No. 23162E
The City of Yakima (CITY)desires to install a new prefabricated pedestrian bridge and construct a pathway
to connect on either side of the bridge at the Wide Hollow Creek-West Valley Community Park. The City
is contracting with HLA to prepare 30% design plans and cost estimate to assist in securing additional
funding for the structure. CITY topographic survey information will be utilized to design the project, with
HLA providing supplemental professional land surveying services as needed.
SCOPE OF SERVICES:
At the direction of the CITY, HLA shall provide professional engineering services for the Wide Hollow Creek
Pedestrian Bridge (PROJECT). HLA services shall include the following:
1.0 Project Management and Administration
1.1 Provide complete PROJECT management to deliver PROJECT within mutually determined
expectations.
1.2 Provide monthly status reports and invoices for work performed.
1.3 Attend meetings with the CITY to address technical aspects of the work related to scope,
design, and schedule of the PROJECT. Up to one (1) 2-hour meeting is anticipated.
1.4 Prepare and maintain the PROJECT schedule, to be updated monthly or as otherwise
requested by the CITY.
1.5 Assist the CITY with seeking and applying for funding opportunities to help pay for PROJECT.
1.6 Maintain project files for CITY and possible funding agency review.
1.7 Perform quality assurance and quality control reviews on prepared documents
2.0 Supplemental Land Surveying
2.1 Review CITY supplied topographic survey information.
2.2 Call for utility locates and perform supplemental topographic survey of the PROJECT area.
2.3 Prepare site topographic survey in AutoCAD format showing field-located improvements and
utilities.
3.0 Environmental Documentation
3.1 Perform Environmental Services for PROJECT as requested by the City of Yakima.
3.2 Coordinate with City of Yakima contracted environmental specialist, as needed
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4.0 Preliminary Design Engineering (30(3/0)
4.1. Perform field investigations as necessary to design the identified improvements.
4.2. Prepare 30% plans and specifications, and Engineer's Opinion of Cost.
4.3. Coordinate with stakeholders including Washington Department of Fish and Wildlife (WDFW),
Ecology, and CITY.
4.4. Attend 30%design meeting with the CITY to obtain input regarding preliminary design.
4.5. Incorporate CITY review comments.
5.0 Preliminary Design Engineering (60%)
Preliminary design engineering (60%) will be added to the contract by supplemental agreement once the
CITY decides to move forward with the PROJECT.
6.0 Preliminary Design Engineering (90%)
Preliminary design engineering (90%) will be added to the contract by supplemental agreement once the
CITY decides to move forward with the PROJECT.
7.0 Final Design Engineering (100%)
Final design engineering (100%) will be added to the contract by supplemental agreement once the CITY
decides to move forward with the PROJECT.
8.0 Funding Assistance
Funding assistance will be added to the contract by supplemental agreement once the CITY decides to
move forward with the PROJECT.
9.0 Bidding Assistance
Bidding assistance will be added to the contract by supplemental agreement once the CITY decides to
move forward with the PROJECT.
10.0 Construction Engineerinq
Construction engineering will be added to the project by supplemental agreement once the CITY decides
to move forward with the PROJECT.
11.0 Additional Services
Provide professional engineering and land surveying services for additional work requested by the CITY
not included above.
12.0 Items to be Furnished and Responsibility of CITY
12.1 Provide full information as to CITY requirements of the PROJECT.
12.2 Pay for PROJECT advertising, notices or other publication as may be required by the funding
source.
12.3 Assist HLA by providing 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.
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12.4 Examine all studies, reports, sketches, estimates, specifications, drawings, proposals, and
other documents presented by HLA, and provide written decisions within a reasonable time so
as not to delay the work of HLA.
12.5 Obtain approval from all required governmental authorities for the PROJECT, and approvals
and consents from other individuals or bodies as necessary for completion of the
improvements. Pay all review fees and costs associated with obtaining such approvals.
TIME OF PERFORMANCE:
The services called for in this Agreement shall be completed as follows:
1.0 Project Management and Administration
HLA will provide project management and administration services upon receipt of executed Agreement and
continue through the duration of the PROJECT.
2.0 Supplemental Land Surveying
HLA will complete land surveying services within twenty (20) working days following receipt of executed
Agreement.
3.0 Environmental Documentation
HLA will provide environmental documentation assistance at the request of the CITY. Due to varying
requirements and timelines associated with permitting agencies,the time of performance will be established
for a specific task before any work is completed.
4.0 Preliminary Design Engineering (30%)
HLA will complete preliminary design engineering (30%)within forty-five (45)working days following receipt
of executed Agreement.
5.0 Preliminary Design Engineering (60%)
HLA will complete preliminary design engineering (60%) once a supplemental agreement is executed with
the CITY.
6.0 Preliminary Design Engineering (90%)
HLA will complete preliminary design engineering (90%) once a supplemental agreement is executed with
the CITY.
7.0 Final Design Engineering (100%)
HLA will complete final design engineering (100%) once a supplemental agreement is executed with the
CITY.
8.0 Funding Assistance
HLA will provide funding assistance once a supplemental agreement is executed with the CITY.
9.0 Bidding Assistance
HLA will provide bidding assistance once a supplemental agreement is executed with the CITY.
10.0 Construction Engineering
HLA will provide construction engineering services once a supplemental agreement is executed with the
CITY.
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11.0 Additional Services
Time for completion of work directed by the CITY under additional services shall be negotiated and mutually
agreed upon at the time service is requested by the CITY.
FEE FOR SERVICE:
For the services furnished by HLA as described in this Agreement, the CITY agrees to pay HLA an amount
not to exceed $44,200.00 for all services as estimated by phase below. This total amount may be revised
only by written agreement of both parties.
1.0 Project Management and Administration
All work for project management and administration shall be performed on a time-spent basis at our normal
hourly billing rates, plus reimbursement for non-salary expenses, for the estimated fee of$4,500.00.
2.0 Supplemental Land Surveying
All work for supplemental land surveying shall be performed on a time-spent basis at our normal hourly
billing rates, plus reimbursement for non-salary expenses, for the estimated fee of$6,000.00.
3.0 Environmental Documentation
All work for environmental documentation shall be performed on a time-spent basis at our normal hourly
billing rates, plus reimbursement for non-salary expenses, for the estimated fee of$7,000.00.
4.0 Preliminary Design Engineering (30%)
All work for preliminary design engineering (30%) shall be performed on a time-spent basis at our normal
hourly billing rates, plus reimbursement for non-salary expenses, for the estimated fee of$26,700.00.
5.0 Preliminary Design Engineering (60%)
All work for preliminary design engineering (60%) shall be performed once a supplemental agreement is
executed with the CITY.
6.0 Preliminary Design Engineering (90%)
All work for preliminary design engineering (90%) shall be performed once a supplemental agreement is
executed with the CITY.
7.0 Final Design Engineering (100%)
All work for final design engineering (100%)shall be performed once a supplemental agreement is executed
with the CITY.
8.0 Funding Assistance
All work for funding assistance_shall be performed once a supplemental agreement is executed with the
CITY.
9.0 Bidding Assistance
All work for bidding assistance_shall be performed once a supplemental agreement is executed with the
CITY.
10.0 Construction Engineering
Construction engineering services shall be performed once a supplemental agreement is executed with the
CITY.
G\Contracts&Task Orders\Yakima\2023\Wide Hollow Creek Pedestrian Bridge\2023-10-26 Professional Services Agreement.Docx Page 20
11.0 Additional Services
Additional work requested by the CITY not included above shall be authorized by the CITY and agreed
upon by HLA in writing prior to proceeding with services. HLA will perform additional services as
directed/authorized by the CITY on a time-spent basis at our current hourly billing rates, plus reimbursement
for direct non-salary expenses such as laboratory testing, printing expenses, vehicle mileage, out of town
travel costs, and outside consultants.
End of Exhibit A
G\Contracts&Task Orders\Yakima\2023\Wide Hollow Creek Pedestrian Bndge\2023-10-26 Professional Services Agreement Docx Page 21
EXHIBIT B
Professional Fees
City of Yakima:Wide Hollow Creek Pedestrian Bridge
Name Monad Het M1Fad Jena, 1448011m Andrew Hynk Tin Fns Dram Wisekn TayiwSpeer Liz Foam Orystal Balsa Ta94ce Deny Angela Repo Labo
P ems,.DIE P•ncoy or Charge Protect Pre;ecl Errgner PProemEnpr-_. Project Sumer Suneyor Sweep Project MinnBeing Manager C Camara M m r col Oa Ilan Taal nwars.a
-
E-plc!..,x. a arn-- Preprint PE oea PE Paned Enoreer II PrawErnner I Lc Nor Lard Ste Sow 2-Manea an Crew 0rr2M Mm an Crew .r0 b n arae/Ccal Annes ks arneCc S.er al ueor Camara Minn II Haw
at
1G13 Rages Escalian b2021
S 223.00 S 223.00 $ 134.00 S 10500 $ '81 DO $ 12800 S 12800 S 47 0C S 6700 S 184.00 S 15100 5% !%rat in 2024
1 - 1 2 2 0 0 0 411111111K 4 0 0 72 $1350.00 $4.51100 $150 104
1• P-,x,V3-.ac+-r, _ - I. 4 4 IC 01,720.M •
1 2 Pner.7em Coortbraton Meetr,s 2 2 0 S 1.500.00
13 Protect Scee* - - 4 $1S2.00
Reimbteriks $150.00
Land Surrey 0 2 2 ViraMENMERM a 0 0 a 11S1 0 0 0
_• Research.Emilio Dla Condition and Surrey 2 2 - tF $2.92200 eln2023
?raas400r5serr - _ - 0 22 13A7f00
-'-'1.- Emrionmmm Documentmnn a .JIB" . . .. I 0 .. o 'ate. 0 175 16.99f 00 1 7.000 SO 00 00 2n
1 31 Enhtnmhr4Cn0eiu10n _ .: 4 $0x=m
4 Meantime y Egpnererg Design 130%onions NM 36 11.11111M 'ram 0 11.1111111k 0 134 $26.01240 t 247N 00 map 1rz
4.1 30%Plans - 24 - 00 MOWN Al n 2023
42 30%Engineers Urinate 4 8 13 $2007.00
43 91aMWd 4V 00010tnien(WDFW.Ember.Ct41 - 0 0 14 12.i01A0
44 30%Suboila10Ytier 11,00ro • 2 4 2 2 11 1107S.00
5 Preliminary 0esegn Engine** 0 NM 0 0 0 0 0 0 0 0 0 0 0 $0 00 $0.00 30 1
51 00%r4rs 0 0.00 Al n 2024
52 00%Enuinon%Esbrare 0 $0.00
5.3 Stldokb Canivam 000FW.Ecology Cy) 0 $0.00
54 00%Sabeial Raaew Meearo 0 $0.00
6 PrNkrvy Design En�ru0orp q 0 0 0 0 0 0 0 0 I 0 0 • 10.08 $0.181 10 1
0 1 00%Plans 0 10A0 M n 20'i1
02 00%Engem%Esvmae D 'too
e3 00%$oraesons 0 $0.00
04 Stakeholder Coo,70:-4WDFW,Ecology.C00 0 $0.00
5 5 BO%&Aerial40, 0 $000
0woestgnFi�t 0 0 0 0 01�1: 0 0 0 0 0 00.00 11.M SD I
100%Plots 0 f 0.00 Am n 2024
100%Enpirar's Esmute 0 10.00
1 100%Spr31•yrs 0 $0.00
= 100%ShOnial
C $0.00
- .renaeeAssaef ------ -,___._.. 0 411MME1 0 11111F- 0 0 0 I 0 0 $1aa Hill m I
i 1 Fusing Appian, 10.00 N n 2024
5::< s. w�• ;. it Eft ... ., I 0 0 0 Sew lug 00 I
01 O -A4ng Phi Aesreanoe 0 00.00 A0n2024
Task Tot Hours 15.00 50.00 0204 30.00 10.00 0.00 0.00 1000 4.00 000 0.00 37000
Task Total Fee $4.014.00 $11.150.00 $16,56000 $6,270.00 $1,100.00 I 0A24.00 81424.04 $970.00 1300.00 $0.00 $000 243.300.00 144200.00 S8130 I
Nese-Values n ea&phase are estnlaeo era may coy enmk each prase However o.ri contact avant snot nor be eaoeeee0 Project Subtotal S 44.200.00
G:\Contracts&Task Orders\Yakima\2023\Wide Hollow Creek Pedestrian Bndge\2023-10-26 Professional Services Agreement Docx Page 22
EXHIBIT C
SCHEDULE OF RATES FOR
HLA Engineering and Land Surveying, Inc.
Effective January 1, 2023,through December 31, 2023
Senior Principal Engineer $250.00 per hour
Licensed Principal Engineer $223.00 per hour
Licensed Principal Land Surveyor $223.00 per hour
Licensed Professional Engineer $201.00 per hour
Other Licensed Professional $201.00 per hour
Project Engineer II $184.00 per hour
Construction Supervisor $184.00 per hour
Licensed Professional Land Surveyor $181.00 per hour
Project Engineer I $165.00 per hour
Contract Administrator Ill $151.00 per hour
Senior Resident Engineer $151.00 per hour
Senior Planner $149.00 per hour
CAD Technician $145.00 per hour
Engineering Technician Ill $136.00 per hour
Planner $136.00 per hour
Resident Engineer $136.00 per hour
Surveyor $134.00 per hour
Surveyor on Two Man Crew $128.00 per hour
Contract Administrator II $126.00 per hour
Engineering Technician II $117.00 per hour
Surveyor on Three Man Crew $112.00 per hour
Contract Administrator I $97.00 per hour
Engineering Technician I $97.00 per hour
Administrative/Clerical $97.00 per hour
Vehicle Mileage Federal Rate
Schedule of Rates may be adjusted during the term of this Agreement to the HLA Standard Hourly
Rates in effect at the time.
G:\Contracts&Task Orders\Yakima\2023\Wide Hollow Creek Pedestrian Bridge\2023-10-26 Professional Services Agreement Docx Page 23
EXHIBIT C
SCHEDULE OF RATES FOR
HLA Engineering and Land Surveying, Inc.
Effective January 1, 2024,through December 31, 2024
Senior Principal Engineer $263.00 per hour
Licensed Principal Engineer $235.00 per hour
Licensed Principal Land Surveyor $235.00 per hour
Licensed Professional Engineer $212.00 per hour
Other Licensed Professional $212.00 per hour
Project Engineer II $194.00 per hour
Construction Supervisor $194.00 per hour
Licensed Professional Land Surveyor $191.00 per hour
Project Engineer I $174.00 per hour
Contract Administrator III $159.00 per hour
Senior Resident Engineer $159.00 per hour
Senior Planner $157.00 per hour
CAD Technician $153.00 per hour
Engineering Technician Ill $143.00 per hour
Planner $143.00 per hour
Resident Engineer $143.00 per hour
Surveyor $141.00 per hour
Surveyor on Two Man Crew $135.00 per hour
Contract Administrator II $133.00 per hour
Engineering Technician II $123.00 per hour
Surveyor on Three Man Crew $118.00 per hour
Contract Administrator I $102.00 per hour
Engineering Technician I $102.00 per hour
Administrative/Clerical $102.00 per hour
Vehicle Mileage Federal Rate
Schedule of Rates may be adjusted during the term of this Agreement to the HLA Standard Hourly
Rates in effect at the time.
End of Exhibit C
G\Contracts&Task Orders\Yakima\2023\Wide Hollow Creek Pedestrian Bridge\2023-10-26 Professional Services Agreement Docx Page 24
1
a,
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.1.
For Meeting of: November 21, 2023
ITEM TITLE: Resolution authorizing an agreement with HLA Engineering and
Land Surveying, Inc. for engineering design services for the West
Valley Community Park Pedestrian Bridge
SUBMITTED BY: Scott Schafer, Public Works Director
*Ken Wilkinson, Parks & Recreation Manager 509 576 6416
SUMMARY EXPLANATION:
The City of Yakima (City) acquired the West Valley Community Park from Yakima County in 2007
as part of the annexation process of that area of Yakima. The park has property on the north and
south side of Wide Hollow Creek. There are many homes and apartments to the north of the
park and a simple bridge was constructed by the community so that people could access the park
on foot and allowing students to walk to West Valley Middle School and Junior High School.
The current bridge is functional but needs to be replaced with an ADA durable bridge. REET 1
funds have been earmarked for this project. The contract is for 30% of the bridge design and
approaches. A Recreation and Conservation Office for the State of Washington (RCO) grant
request will be submitted in August of 2024 for the remaining percentage of the design and for
the actual construction of the bridge. If the grant is awarded, funds will be available July 1, 2025
for the completion of this project.
HLA Engineering was selected as they were determined to be qualified to perform the needed
design work.
The terms of the Agreement with HLA Engineering for the 30% design work shall be in an amount
not to exceed $44,200 and has been attached for City Council review.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
2
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
❑ Resolution HLA 30%Design WVCP Ped Bridge 11/7/2023 Resolution
Professional Ser ices Agreement-HLA-Design
❑ 10/30/2023 Contract
Services-WVCP Pedestrian Bridge
3
RESOLUTION NO. R-2023-
A RESOLUTION authorizing an Agreement with HLA Engineering and Land Surveying, Inc.
to provide engineering services for the Pedestrian Bridge over Wide
Hollow Creek at West Valley Community Park project
WHEREAS, the City has the need to replace the existing bridge and design a new
pedestrian Bridge over Wide Hollow Creek at West Valley Community Park located at 1330 S.
80th Avenue, Yakima, Washington. The new pedestrian bridge may be referred to herein as
"Pedestrian Bridge", and
WHEREAS, the current bridge is narrow and does not provide ADA compliant access to
the park, and
WHEREAS, the Pedestrian Bridge project will provide access to West Valley
Community Park and West Valley Middle School and Junior High School, and
WHEREAS, the Yakima City Council and Yakima Parks and Recreation Commission have
previously approved a comprehensive plan that includes the replacement of the pedestrian
bridge; 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 this project; and
WHEREAS, the City desires to contract with HLA Engineering and Land Surveying, Inc.
to complete the 30% design of the project, and
WHEREAS, the design of the Pedestrian Bridge project will utilize REET 1 funds for the
design work, and
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 Forty-Four Thousand Two Hundred Dollars ($44,200.00) to provide the
Professional Services as described in the Agreement.
ADOPTED BY THE CITY COUNCIL this 21th day of November, 2023.
Janice Deccio, Mayor
ATTEST:
Rosalinda Ibarra, City Clerk
4
* TRANSMITTAL *
Engiritxring and Land Surveying,Inc
Date: October 26, 2023
To: City of Yakima Parks & Recreation Attention: Ken Wilkinson
2301 Fruitvale Boulevard Parks & Recreation Manager
Yakima, WA 98902
From: Michael D. Uhlman, PE
Re: Wide Hollow Creek Pedestrian Bridge
Agreement for Professional Services
We are sending you the attached following items:
Two (2) Original Agreements
Comment:
Ken,
Upon review and approval, please execute the attached Agreement for Professional Services for
the Wide Hollow Creek Pedestrian Bridge project. Keep one of the Agreements for your records
and return the other to our office.
We very much appreciate the opportunity to work for the City of Yakima Parks & Recreation
Department. If you have any questions or need additional information, please contact me.
Thank you.
Copy to: f Signed:
G:1Contracts&Task OrderslYakima120231Wide Hollow Creek Pedestrian Bridge\2023-10-26 Professional Services Agreement Trans.docx
2803 River Road i• Yakima.WA 98902 i (509)966 7000 •:• wrw V.11laciviI.00111
5
For City of Yakima Use Only:
Contract No.2023- AGREEMENT
Project No.
Resolution No.2023- BETWEEN
SOQ No.12330Q CITY OF YAKIMA,WASHINGTON
AND
HLA ENGINEERING AND LAND SURVEYING, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of September 2023, by and
between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North
Second Street, Yakima, WA 98901, (hereinafter referred to as 'CITY"), and HLA Engineering and Land
Surveying, Inc., with its principal office at 2803 River Road, Yakima, WA 98902, (hereinafter referred to as
"ENGINEER"); said corporation being licensed and registered to do business in the State of Washington,
and will provide engineering services under this Agreement for the WIDE HOLLOW CREEK PEDESTRIAN
BRIDGE project on behalf of the City of Yakima, Project No. _ , herein referred to as the"PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and
construction of the PROJECT, as described in this Agreement and subsequent Amendments thereto; and
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with
knowledge and experience necessary to satisfactorily accomplish the work within the required time and that
it has no conflicts of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and ENGINEER agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in
writing by both parties, duties of ENGINEER shall not be construed to exceed those
services specifically set forth herein.
2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign,
Michael T. Battle, PE as Principal-in-Charge throughout the term of this Agreement unless
other personnel are approved by the CITY.
2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled "Scope
of Services" (WORK) which is attached hereto and made a part of this Agreement as if fully set
forth herein.
2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by
ENGINEER can be defined in detail at the time this Agreement is executed, and that additional
WORK related to the Project and not covered in Exhibit A may be needed during performance of
this Agreement. CITY may, at any time, by written order, direct the ENGINEER to revise portions
of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the
PROJECT, or request that the ENGINEER perform additional WORK beyond the scope of the
PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services."
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6
2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or
time required for, performance of any services under this Agreement, a contract price
and/or completion time adjustment pursuant to this Agreement shall be made and this
Agreement shall be modified in writing and accepted by the parties hereto.
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the ENGINEER according to the provisions set forth in Exhibit C,attached hereto
and incorporated herein by this reference, and if so authorized, shall be considered part of
the PROJECT WORK. The ENGINEER shall not perform any Additional Services until so
authorized by CITY and agreed to by the ENGINEER in writing.
2.3 The ENGINEER must assert any claim for adjustment in writing within thirty(30)days from the date
of the ENGINEER's receipt of the written notification of change.
SECTION 3 TERM
31. The term for this AGREEMENT shall be from the date of signature of both parties through
December 31, 2024.
SECTION 4 CITY'S RESPONSIBILITIES
4.1 CITY-FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the CITY'S
possession relating to the ENGINEER'S services on the PROJECT including information on any
pre-existing conditions known to the CITY that constitute hazardous waste contamination on the
PROJECT site as determined by an authorized regulatory agency.
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,
specifications, proposals, and other documents;obtain advice of an attorney, insurance counselor,
accountant, auditor, bond and financial advisors, and other consultants as CITY deems
appropriate; and render in writing decisions required of CITY in a timely manner. Such
examinations and decisions, however, shall not relieve the ENGINEER of any contractual
obligations nor of its duty to render professional services meeting the standards of care applicable
to its profession.
4.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this
Agreement. CITY'S Representative shall have complete authority to transmit instructions and
receive information. ENGINEER shall be entitled to reasonably rely on such instructions made by
the CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall
be responsible for bringing to the attention of the CITY'S Representative any instructions which the
ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER'S
knowledge.
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 shall be entitled to
reasonably rely upon the accuracy and the completeness of such documents,services and reports,
but shall be responsible for exercising customary professional care in using and reviewing such
documents, services, and reports and drawing conclusions from them.
SECTION 5 AUTHORIZATION, PROGRESS, AND COMPLETION
5.1 In signing this AGREEMENT, CITY and ENGINEER agree that at such time as the CITY provides
ENGINEER specific written authorization to proceed with one or more of the tasks described in
EXHIBIT A, ENGINEER shall begin work. The time for completion of each task shall be as mutually
agreed.
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7
SECTION 6 COMPENSATION
6.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services
described in Exhibit A, compensation shall be according to Exhibit C- Schedule of Specific Hourly
Rates, attached hereto and incorporated herein by this reference, 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 costs
incurred on or directly for the PROJECT including, but not limited to, necessary
transportation costs, including current rates for ENGINEER'S vehicles; meals and lodging;
laboratory tests and analyses; printing, binding and reproduction charges; all costs
associated with other outside nonprofessional services 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 a reasonable markup, not to exceed ten percent (10%), and on the basis of
current rates when furnished by ENGINEER. Estimated Direct Non-Salary Expenses are
shown in Exhibit B.
6.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the ENGINEER and each of the
Subconsultants in connection with PROJECT WORK; provided, as follows:
• That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents
per mile will be paid for the operation, maintenance, and depreciation
costs of company or individually owned vehicles for that portion of time
they are used for PROJECT WORK. ENGINEER,whenever possible,will
use the least expensive form of ground transportation.
• That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person. This rate may be
adjusted on a yearly basis.
• That accommodation shall be at a reasonably priced hotel/motel.
• That air travel shall be by coach class, and shall be used only when
absolutely 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 costs,but are considered included
in the Schedule of Specific Hourly Billing Rates.
6.1.3 Professional Subconsultants. Professional Subconsultants are those costs for
engineering, architecture, geotechnical services and similar professional services
approved by the CITY. Reimbursement for Professional Subconsultants will 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 Subconsultant costs are
shown in Exhibit B.
6.2 Unless specifically authorized in writing by the CITY,the total budgetary amount for this PROJECT
shall not exceed forty-four thousand, two hundred dollars ($44,200.00). The ENGINEER shall
make all reasonable efforts to complete 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 budget, as may be adjusted,
nor is the CITY obligated to pay the ENGINEER beyond these limits. When any budget has been
increased,the ENGINEER'S excess costs expended prior to such increase will be allowable to the
same extent as if such costs had been incurred after the approved increase, and provided that the
CITY was informed in writing at the time such costs were incurred.
6.3 The ENGINEER shall submit to the CITY's Representative an invoice each month for payment for
PROJECT services completed through the accounting cut-off day of the previous month. Such
invoices shall be for PROJECT 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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8
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 (613') day at the rate of 1.0°I0 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,
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9
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 ENGINEER, or any of ENGINEER's
agent(s) or subcontractor(s), in performance of this Agreement, except for claims caused
by the CiTY's sole negligence.The CITY's right to indemnification includes attorney's fees
and costs associated with establishing the right to indemnification hereunder in favor of the
CITY.
7.4.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the
ENGINEER waives any immunity that may be granted to it under the Washington State
industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification.
ENGINEER'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.
ENGINEER shall require that its subcontractors,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 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
ENGINEER and the CITY,the ENGINEER's liability, including the duty and cost to defend,
shall be only to the extent of the ENGINEER's negligence.
7.4.4 Nothing contained in this Section or this Agreement shall be construed to create a liability
or a right of indemnification in any third party.
7.4.5 The terms of this Section shall survive any expiration or termination of this Agreement.
7.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this Agreement shall not be limited in any way by any limitation
on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER
or a subcontractor under workers' or workmens'compensation acts,disability benefit acts,or other
employee benefit acts. The ENGINEER specifically and expressly waives its immunity under the
Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the
ENGINEER and the CITY.
7.6 It is understood that any resident engineering or inspection provided by ENGINEER is for the
purpose of determining compliance with the technical provisions of PROJECT specifications and
does not constitute any form of guarantee or insurance with respect to the performance of a
contractor. ENGINEER does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for contractors' compliance with laws
and regulations. CITY shall use its best efforts to ensure that the construction contract requires
that the contractor(s) indemnify and name CITY, the CiTY's and the ENGINEER's officers,
principals, employees, agents, representatives, and engineers as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability.
7.7 ENGINEER shall be solely responsible for and shall pay all taxes, deductions, and assessments,
including but not limited to federal income tax, FICA, social security tax, 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, foundation, groundwater, and other subsurface
investigations,the actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observation, exploration, and investigations
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have been made. Because of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect total PROJECT cost and/or
execution. These conditions and cost/execution effects are not the responsibility of the
ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate standard
of professional care, 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 attached Exhibits. The project schedule and
performance dates for the individual tasks shall be mutually agreed to by the CITY and the
ENGINEER within fifteen (15)days after execution 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 ENGINEER, but
may be extended or increased by the CITY in the event of a delay caused by special services
requested by the CITY or because of unavoidable delay caused by any governmental action or
other conditions beyond the control of the ENGINEER which could not be reasonably anticipated
or avoided.
8.2 Not later than the tenth (1 dth)day of each calendar month during the performance of the PROJECT,
the ENGINEER shall submit to the CITY's Representative a copy of the current schedule and a
written narrative description of the WORK accomplished by the ENGINEER and subconsultants on
each task, indicating a good faith estimate of the percentage completion thereof on the last day of
the previous month. Additional oral or written reports shall be prepared at the CITY's request for
presentation to other governmental agencies and/or to the public.
SECTION 9 REUSE OF DOCUMENTS
9.1 All internal WORK products of the ENGINEER are instruments or services of this PROJECT. There
shall be no reuse, change, or alteration by the CITY or others acting through or on behalf of the
CITY without written permission of the ENGINEER, which shall not be unreasonably withheld and
will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its officers,
employees,subcontractors,and affiliated corporations from all claims,damages, losses, and costs
including, but not limited to, litigation expenses and attorney's fees arising out of or related to such
unauthorized reuse, change, or alteration; provided, however, that the ENGINEER will not be
indemnified for such claims, damages, losses, and costs including, without limitation, litigation
expenses and attorney fees if they were caused by the ENGINEER's own negligent acts or
omissions.
9.2 The ENGINEER agrees that any and all plans, drawings, designs, specifications, computer
programs, technical reports, operating manuals, calculations, notes, 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 Agreement, whether or not complete, shall be owned by and vested in the
CITY.
9.3 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter
"Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual
Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER
does not grant CITY any right or license to such Intellectual Property.
SECTION 10 AUDIT AND ACCESS TO RECORDS
10.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and other
evidence directly pertinent to performance of the WORK under this Agreement in accordance with
generally accepted accounting principles and practices consistently applied. The CITY, or the
CITY's duly authorized representative, shall have access to such books, records, documents, 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 to such books, records, 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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10.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
10.3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the ENGINEER is afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any supporting documentation on
the pertinent portions of the draft audit report and that the final audit report will include ENGINEER's
written comments, if any.
10.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the Project.
10.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY.
SECTION 11 INSURANCE
11.1 At all times during performance of the WORK or obligations under this Agreement, ENGINEER
shall secure and maintain in effect insurance to protect the CITY, its elected and appointed officials,
officers, agents, employees,volunteers and the ENGINEER from and against all claims, damages,
losses, and expenses arising out of or resulting from the performance of this Agreement.
ENGINEER shall provide and maintain in force insurance in limits no less than those 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. If ENGINEER carries higher coverage limits than the limits stated
below, such higher limits shall be shown on the Certificate of Insurance and Endorsements and
ENGINEER shall be named as an additional insured for such higher limits. 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 as a waiver
of ENGINEER's obligation to maintain such insurance. ENGINEER's insurance coverage shall be
primary insurance with respect to those who are Additional Insureds under this Agreement. Any
insurance, self-insurance or insurance pool coverage maintained by the CITY shall be in excess of
the ENGINEER's insurance and neither the CITY nor its insurance providers shall contribute to any
settlements, defense costs, or other payments made by ENGINEER's insurance. All additional
insured endorsements required by this Section shall include an explicit waiver of subrogation.
11.1.1 Commercial General Liability Insurance. Before this Agreement is fully executed by
the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of
commercial liability insurance and commercial umbrella liability insurance with a total
liability limit of the limits required in the policy, subject to minimum limits of Two Million
Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate
shall clearly state who the provider is,the coverage amount,the policy number,and when
the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this Agreement. The policy shall name the CITY, its elected and appointed
officials,officers, agents,employees,and volunteers as additional insureds. The insured
shall not cancel or change the insurance without first giving the CITY thirty (30) calendar
days prior written notice. The insurance shall be with an insurance company or
companies rated A-VII or higher in Best's Guide and admitted in the State of Washington.
11,1.2. Commercial Automobile Liability Insurance.
a. If ENGINEER owns any vehicles, before this Agreement is fully executed by the
parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of
commercial automobile liability insurance and commercial umbrella liability insurance
with a total liability limit of the limits required in the policy, subject to minimum limits of
Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury
and property damage. Automobile liability will apply to"Any Auto"and be shown on the
certificate.
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b. If ENGINEER does not own any vehicles, only"Non-owned and Hired Automobile
Liability"will be required and may be added to the commercial liability coverage at the
same limits as required in that section of this Agreement,which is Section 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-VII or higher in Best's Guide. If the policy is written on a claims made basis the
coverage will continue in force for an additional two years after the completion 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, a description of all WORK completed
by subconsultants and subcontractors during the preceding month and copies of all invoices
thereto.
12.5 If dissatisfied with the background, performance, 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 heirs, successors and assigns of the parties hereto. This
Agreement may not be assigned by CITY or ENGINEER without prior written consent of the other,
which consent will not be unreasonably withheld. The ENGINEER for itself and its heirs,executors,
administrators, successors and assigns, does hereby agree to the full performance of all of the
covenants herein contained upon the part of the ENGINEER. It is expressly intended and agreed
that no third party beneficiaries are created by this Agreement, and that the rights and remedies
provided herein shall inure only to the benefit of the parties to this Agreement.
SECTION 14 INTEGRATION
14.1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with respect
to those matters covered herein. This Agreement may not be modified or altered except in writing
signed by both parties.
SECTION 15 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 part of this
Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void
insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and
effect. Venue for all disputes arising under this Agreement shall lie in a court of competent
jurisdiction in Yakima County, Washington.
SECTION 16 EQUAL EMPLOYMENT and NONDISCRIMINATION
16.1 During the performance of this Agreement, ENGINEER and ENGINEER's subconsultants and
subcontractors shall not discriminate in violation of any applicable federal, state and/or local law or
regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any
other classification protected under federal, state, or local law. This provision shall include but not
be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, selection for training, and the
provision of services under this Agreement. ENGINEER agrees to comply with the applicable
provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and
regulations.
SECTION 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 circumstances beyond CITY's control are interfering with normal progress of the
WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under
this Agreement if unforeseen circumstances beyond ENGINEER's control are interfering with
normal progress of the WORK. ENGINEER may suspend WORK on the PROJECT in the event
CITY does not pay invoices when due, except where otherwise provided by this Agreement. The
time for completion of the WORK shall be extended by the number of days WORK is suspended.
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If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to
renegotiation,and both parties are granted the option to terminate WORK on the suspended portion
of Project in accordance with SECTION 17.
SECTION 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.
However, no such termination may be effected unless the other party is given: {1) not less than
fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of
intent to terminate; and (2) an opportunity for consultation and for cure with the terminating party
before termination. Notice shall be considered issued within seventy-two (72) hours of mailing by
certified mail to the place of business of either party as set forth in this Agreement.
18.2 In addition to termination under subsection 18.1 of this Section,CITY may terminate this Agreement
for its convenience, in whole or in part, provided the ENGINEER is given: (1) not less than fifteen
(15) calendar days written notice delivered by certified mail, return receipt requested, of intent to
terminate; and (2) an opportunity for consultation with CITY before the effective termination date.
18.3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price
pursuant to the Agreement shall be made, but(1) no amount shall be allowed for anticipated profit
on unperformed services or other WORK, and (2) any payment due to the ENGINEER at the time
of termination may be adjusted to the extent of any additional costs or damages CITY has incurred,
or is likely to incur, because of the ENGINEER'S breach. In such event, CITY shall consider the
amount of WORK originally required which was satisfactorily completed to date of termination,
whether that WORK is in a form or of a type which is usable and suitable to CITY at the date of
termination and the cost to CITY of completing the WORK itself or of employing another firm to
complete it. Under no circumstances shall payments made under this provision exceed the contract
price. In the event of default, the ENGINEER agrees to pay CITY for any and all damages, costs,
and expenses whether directly, indirectly,or consequentially caused by said default. This provision
shall not preclude CITY from filing claims and/or commencing litigation to secure compensation for
damages incurred beyond that covered by contract retainage or other withheld payments.
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 shall include payment for services satisfactorily
performed to the date of termination, in addition to termination settlement costs the ENGINEER
reasonably incurs relating to commitments which had become firm before the termination, unless
CITY determines to assume said commitments.
18.5 Upon receipt of a termination notice under subsections 18.1 or 18.2 above, the ENGINEER shall
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to CITY all originals of data, drawings, specifications, calculations,
reports, estimates, summaries, and such other information, documents, and materials as the
ENGINEER or its subconsultants may have accumulated or prepared in performing this Agreement,
whether completed or in progress, with the ENGINEER retaining copies of the same.
18.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK
to completion utilizing other qualified firms or individuals; provided, the ENGINEER shall have no
responsibility to prosecute further WORK thereon.
18.7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined
that the ENGINEER has not so failed, the termination shall be deemed to have been effected for
the convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be
determined as set forth in subparagraph 18.4 of this Section.
18.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the
ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its
obligations to complete performance under this Agreement without the concurrence and written
approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment
shall be made as set forth in subparagraph 18.3 of this Section.
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SECTION 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: Ken Wilkinson, Parks and Recreation Manager
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 42.5E
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
22.1 ENGINEER agrees to perform all WORK under and pursuant to this Agreement in full compliance
with any and all applicable laws, rules, and regulations adopted or promulgated by any
governmental agency or regulatory body, whether federal, state, local, or otherwise, including
policies adopted by the CITY, as those laws, ordinances, rules, regulations, and policies now exist
or may hereafter be amended or enacted. ENGINEER shall procure and have all applicable and
necessary permits, licenses and approvals of any federal, state, and local government or
governmental authority or this project, pay all charges and fees, and give all notices necessary and
incidental to 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 or governmental authority or this 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 a City Business License. ENGINEER must procure a City of Yakima
Business License and pay all charges, fees, and taxes associated with said license.
22.2.2 ENGINEER must provide proof of a valid Washington department of Revenue state excise
tax registration number, as required in Title 85 RCW.
22.2.3 ENGINEER must provide proof of a valid Washington Unified Business Identification (UBI)
number. ENGINEER must have a current UBI number and not be disqualified from bidding
on any public works contract under RCW 39.06.101 or 36.12.065(3).
22.2.4 ENGINEER must provide proof of a valid Washington Employment Security Department
number as required by Title 50 RCW.
22.2.5 Foreign (Non-Washington) Corporations: Although the CITY does not require foreign
corporate proposers to qualify in the CITY, 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 of Yakima, at
their own expense, without regard to whether such corporation is actually awarded the
contract, and in the event that the award is made, prior to conducting any business in the
CITY.
SECTION 23 MISCELLANEOUS PROVISIONS
23.1 Nondiscrimination. During the performance of this Agreement, the ENGINEER agrees as follows:
The ENGINEER shall not discriminate against any person on the grounds of race, creed, color,
religion, national origin, sex, age, marital status, sexual orientation, gender identity, pregnancy,
veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical
handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or
the Americans with Disabilities Act(42 USC 12101 et seq.). This provision shall include but not be
limited to the following: employment, upgrading,demotion,transfer, recruitment,advertising, layoff
or termination, rates of pay or other forms of compensation, selection for training, and the provision
of WORK under this Agreement. In the event of the ENGINEER's noncompliance with the non-
discrimination clause of this contract or with any such rules, regulations, or orders,this Agreement
may be cancelled, terminated, or suspended in whole 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 about, discussed, or
disclosed their own pay or the pay of another employee or applicant. However, employees who
have access to the compensation information of other employees or applicants as a part 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 a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer,or(c)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: Robert Harrison Printed Name: Michael T. Battle, PE
Title: City Manager Title: President
Date: Date: C ! ., 2V Z3
Attest
City Clerk
Resolution: R-2023-
Contract 2023-
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19
STATE OF WASH I NGTON
} ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that Robert Harrison is the person who appeared before
me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized
to execute the instrument,and acknowledged it as the CITY MANAGER of the CITY OF YAKIMA,to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
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STATE OF WASHINGTON
} ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that Michael T. Battle, PE is the person who appeared
before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she
was authorized to execute the instrument, and acknowledged it as the President of HLA Engineering and
Land Surveying, Inc.to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
Dated: O .27, o 3
Seal or Stamp
f,1_4--ti-el4P(1471.Arirtd0t,01-12.—
( igna ure}
oi16lltrrif, Ti#e 7
9-**-61-1t.
� ` f�-�p�[� Printed Name
NOTARy
Ptiouc My commission expires; Q•
'.•NO. 11Fr
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EXHIBIT A
SCOPE OF SERVICES
CITY OF YAKIMA
WIDE HOLLOW CREEK PEDESTRIAN BRIDGE
HLA Project No. 23162E
The City of Yakima(CITY) desires to install a new prefabricated pedestrian bridge and construct a pathway
to connect on either side of the bridge at the Wide Hollow Creek-West Valley Community Park. The City
is contracting with HLA to prepare 30% design plans and cost estimate to assist in securing additional
funding for the structure. CITY topographic survey information will be utilized to design the project, with
HLA providing supplemental professional land surveying services as needed.
SCOPE OF SERVICES:
At the direction of the CITY, HLA shall provide professional engineering services for the Wide Hollow Creek
Pedestrian Bridge (PROJECT). HLA services shall include the following:
1.0 Project Management and Administration
1.1 Provide complete PROJECT management to deliver PROJECT within mutually determined
expectations.
1.2 Provide monthly status reports and invoices for work performed.
1.3 Attend meetings with the CITY to address technical aspects of the work related to scope,
design, and schedule of the PROJECT. Up to one (1)2-hour meeting is anticipated.
1.4 Prepare and maintain the PROJECT schedule, to be updated monthly or as otherwise
requested by the CITY.
1.5 Assist the CITY with seeking and applying for funding opportunities to help pay for PROJECT.
1.6 Maintain project files for CITY and possible funding agency review.
1.7 Perform quality assurance and quality control reviews on prepared documents
2.0 Supplemental Land Surveying
2.1 Review CITY supplied topographic survey information.
2.2 Call for utility locates and perform supplemental topographic survey of the PROJECT area.
2.3 Prepare site topographic survey in AutoCAD formal showing field-located improvements and
utilities.
3.0 Environmental Documentation
3.1 Perform Environmental Services for PROJECT as requested by the City of Yakima.
3.2 Coordinate with City of Yakima contracted environmental specialist, as needed
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4.0 Preliminary Design Engineering (30%)
4.1. Perform field investigations as necessary to design the identified improvements.
4.2. Prepare 30% plans and specifications, and Engineer's Opinion of Cost.
4.3. Coordinate with stakeholders including Washington Department of Fish and Wildlife (WDFW),
Ecology, and CITY.
4.4. Attend 30%design meeting with the CITY to obtain input regarding preliminary design.
4.5. Incorporate CITY review comments.
5.0 Preliminary Design Engineering (60%)
Preliminary design engineering (60%) will be added to the contract by supplemental agreement once the
CITY decides to move forward with the PROJECT.
6.0 Preliminary Design Engineering(90%)
Preliminary design engineering (90%) will be added to the contract by supplemental agreement once the
CITY decides to move forward with the PROJECT.
7.0 Final Design Engineering(100%1
Final design engineering (100%) will be added to the contract by supplemental agreement once the CITY
decides to move forward with the PROJECT.
8.0 Funding Assistance
Funding assistance will be added to the contract by supplemental agreement once the CITY decides to
move forward with the PROJECT.
9.0 Bidding Assistance
Bidding assistance will be added to the contract by supplemental agreement once the CITY decides to
move forward with the PROJECT.
10.0 Construction Engineering
Construction engineering will be added to the project by supplemental agreement once the CITY decides
to move forward with the PROJECT.
11.0 Additional Services
Provide professional engineering and land surveying services for additional work requested by the CITY
not included above.
12.0 Items to be Furnished and Responsibility of CITY
12.1 Provide full information as to CITY requirements of the PROJECT.
12.2 Pay for PROJECT advertising, notices or other publication as may be required by the funding
source.
12.3 Assist HLA by providing 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.
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12.4 Examine all studies, reports, sketches, estimates, specifications, drawings, proposals, and
other documents presented by HLA, and provide written decisions within a reasonable time so
as not to delay the work of HLA.
12.5 Obtain approval from all required governmental authorities for the PROJECT, and approvals
and consents from other individuals or bodies as necessary for completion of the
improvements. Pay all review fees and costs associated with obtaining such approvals.
TIME OF PERFORMANCE:
The services called for in this Agreement shall be completed as follows:
1.0 Project Management and Administration
HLA will provide project management and administration services upon receipt of executed Agreement and
continue through the duration of the PROJECT.
2.0 Supplemental Land Surveying
HLA will complete land surveying services within twenty (20) working days following receipt of executed
Agreement.
3.0 Environmental Documentation
HLA will provide environmental documentation assistance at the request of the CITY. Due to varying
requirements and timelines associated with permitting agencies,the time of performance will be established
for a specific task before any work is completed.
4.0 Preliminary Design Engineering(30%;
HLA will complete preliminary design engineering (30%)within forty-five(45)working days following receipt
of executed Agreement.
5.0 Preliminary Design Engineering (60%)
HLA will complete preliminary design engineering (60%) once a supplemental agreement is executed with
the CITY.
6.0 Preliminary Design Engineering(90%
)
HLA will complete preliminary design engineering (90%)once a supplemental agreement is executed with
the CITY.
7.0 Final Design Engineering(100%)
HLA will complete final design engineering (100"/0) once a supplemental agreement is executed with the
CITY.
8.0 Funding Assistance
HLA will provide funding assistance once a supplemental agreement is executed with the CITY.
9.0 Bidding Assistance
HLA will provide bidding assistance once a supplemental agreement is executed with the CITY.
10.0 Construction Engineering
HLA will provide construction engineering services once a supplemental agreement is executed with the
CITY.
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11.0 Additional Services
Time for completion of work directed by the CITY under additional services shall be negotiated and mutually
agreed upon at the time service is requested by the CITY.
FEE FOR SERVICE:
For the services furnished by HLA as described in this Agreement, the CITY agrees to pay HLA an amount
not to exceed $44,200.00 for all services as estimated by phase below. This total amount may be revised
only by written agreement of both parties.
1.0 Project Management and Administration
All work for project management and administration shall be performed on a time-spent basis at our normal
hourly billing rates, plus reimbursement for non-salary expenses, for the estimated fee of$4,500.00.
2.0 Supplemental Land Surveying
All work for supplemental land surveying shall be performed on a time-spent basis at our normal hourly
billing rates, plus reimbursement for non-salary expenses, for the estimated fee of$6,000.00.
3.0 Environmental Documentation
All work for environmental documentation shall be performed on a time-spent basis at our normal hourly
billing rates, plus reimbursement for non-salary expenses, for the estimated fee of$7,000.00.
4.0 Preliminary Design Engineering 130%I
All work for preliminary design engineering (30%) shall be performed on a time-spent basis at our normal
hourly billing rates, plus reimbursement for non-salary expenses, for the estimated fee of$26,700.00.
6.0 Preliminary Design Engineering 160%1
All work for preliminary design engineering (60%) shall be performed once a supplemental agreement is
executed with the CITY.
6.0 Preliminary Design Engineering 190%)
All work for preliminary design engineering (90%) shall be performed once a supplemental agreement is
executed with the CITY.
7.0 Final Design Engineering (100%)
All work for final design engineering(100%)shall be performed once a supplemental agreement is executed
with the CITY.
8.0 Funding Assistance
All work for funding assistance shall be performed once a supplemental agreement is executed with the
CITY.
9.0 Bidding Assistance
All work for bidding assistance shall be performed once a supplemental agreement is executed with the
CITY.
10.0 Construction Engineering
Construction engineering services shall be performed once a supplemental agreement is executed with the
CITY.
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11.0 Additional Services
Additional work requested by the CITY not included above shall be authorized by the CITY and agreed
upon by HLA in writing prior to proceeding with services. HLA will perform additional services as
directed/authorized by the CITY on a time-spent basis at our current hourly billing rates,plus reimbursement
for direct non-salary expenses such as laboratory testing, printing expenses, vehicle mileage, out of town
travel costs, and outside consultants.
End of Exhibit A
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EXHIBIT C
SCHEDULE OF RATES FOR
HLA Engineering and Land Surveying, Inc.
Effective January 1, 2023,through December 31,2023
Senior Principal Engineer $250.00 per hour
Licensed Principal Engineer $223.00 per hour
Licensed Principal Land Surveyor $223.00 per hour
Licensed Professional Engineer $201.00 per hour
Other Licensed Professional $201.00 per hour
Project Engineer II $184.00 per hour
Construction Supervisor $184.00 per hour
Licensed Professional Land Surveyor $181.00 per hour
Project Engineer I $165.00 per hour
Contract Administrator Ill $151.00 per hour
Senior Resident Engineer $151.00 per hour
Senior Planner $149.00 per hour
CAD Technician $145.00 per hour
Engineering Technician Ill $136.00 per hour
Planner $136.00 per hour
Resident Engineer $136,00 per hour
Surveyor $134.00 per hour
Surveyor on Two Man Crew $128.00 per hour
Contract Administrator II $126.00 per hour
Engineering Technician Il $117.00 per hour
Surveyor on Three Man Crew $112.00 per hour
Contract Administrator I $97.00 per hour
Engineering Technician 1 $97.00 per hour
Administrative/Clerical $97.00 per hour
Vehicle Mileage Federal Rate
Schedule of Rates may be adjusted during the term of this Agreement to the HLA Standard Hourly
Rates in effect at the time.
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EXHIBIT C
SCHEDULE OF RATES FOR
HLA Engineering and Land Surveying, Inc.
Effective January 1, 2024,through December 31, 2024
Senior Principal Engineer $263.00 per hour
Licensed Principal Engineer $235,00 per hour
Licensed Principal Land Surveyor $235,00 per hour
Licensed Professional Engineer $212.00 per hour
Other Licensed Professional $212.00 per hour
Project Engineer II $194.00 per hour
Construction Supervisor $194.00 per hour
Licensed Professional Land Surveyor $191.00 per hour
Project Engineer I $174.00 per hour
Contract Administrator Ill $159.00 per hour
Senior Resident Engineer $159.00 per hour
Senior Planner $157.00 per hour
CAD Technician $153.00 per hour
Engineering Technician Ill $143.00 per hour
Planner $143.00 per hour
Resident Engineer $143,00 per hour
Surveyor $141.00 per hour
Surveyor on Two Man Crew $135.00 per hour
Contract Administrator II $133.00 per hour
Engineering Technician II $123.00 per hour
Surveyor on Three Man Crew $118.00 per hour
Contract Administrator I $102.00 per hour
Engineering Technician I $102.00 per hour
Administrative/Clerical $102.00 per hour
Vehicle Mileage Federal Rate
Schedule of Rates may be adjusted during the term of this Agreement to the HLA Standard Hourly
Rates in effect at the time.
End of Exhibit C
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