HomeMy WebLinkAboutHLA Engineering and Land Surveying, Inc. - Professional Services Agreement •
For City of Yakima Use Only: AGREEMENT
Contract No. fro I BETWEEN
Project No,23t F Pd2i9 /
Resolution No.N/Pr (fly CITY OF YAKIMA, WASHINGTON
SOQ No.
AND
HLA ENGINEERING AND LAND SURVEYING, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this ,b day of S GLa'l , .+�. 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 SOUTH SECOND AVENUE WATERMAIN
REPLACEMENT on behalf of the City of Yakima, Project No. 2312E AC2792/6534, 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 B, 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
3.1 The term of this AGREEMENT shall be for the period of three (3) years from the date of contract
execution.
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 ENGINEERS 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 grants ENGINEER specific authorization to proceed with WORK
described in Exhibit A. The time for completion is defined in Exhibit A, or as amended.
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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 Sixty Thousand Dollars ($60,000). 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.
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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
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.
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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:
a. ENGINEER shall take all necessary precautions in performing the WORK to prevent injury to
persons or property. The ENGINEER agrees to release, indemnify, defend, and hold harmless
the CITY, its elected and appointed officials, officers, employees, agents, representatives,
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.
b. 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.
c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the 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.
d. Nothing contained in this Section or this Agreement shall be construed to create a liability or a
right of indemnification in any third party.
e. The terms of this Section shall survive any expiration or termination of this 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.
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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
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.
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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.
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 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.
ENGINEER shall provide a Certificate of Insurance to the CITY as evidence of coverage for each
of the policies and outlined herein. A copy of the additional insured endorsement attached to the
policy shall be included with the certificate. This Certificate of insurance shall be provided to the
CITY prior to commencement of work. Failure to provide the CITY with proof of insurance and/or
to maintain such insurance outlined herein shall be a material breach of this Agreement and a basis
for termination.
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.
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ENGINEER's insurance coverage shall be primary insurance with respect to those who are
Additional Insureds under this Agreement, and 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.
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.
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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.
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.
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SECTION 13 ASSIGNMENT
12.1 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.
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 18.
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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 with the terminating party and for cure
within the 15-day notice period 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 15. 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: Mike Shane, Water/Irrigation Manager
ENGINEER: HLA Engineering and Land Surveying, Inc. (HLA)
2803 River Road
Yakima, WA 98902
Attn: Michael T. Battle, PE, President
SECTION 21 INSPECTION AND PRODUCTION OF RECORDS
21.1 The records 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.
a. 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.
b. ENGINEER must provide proof of a valid Washington department of Revenue state excise tax
registration number, as required in Title 85 RCW.
c. 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).
d. ENGINEER must provide proof of a valid Washington Employment Security Department
number as required by Title 50 RCW.
e. 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, the Request for Qualifications & Proposals No.
, titled Scope of Work, 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.
`J L
Signature Signature
Printed Name: Robert Harrison Printed Name: Michael T. Battle, PE
Title: City Manager Title: President
Date: 3—CIA/1 1 30 Date: /Z// &33
10 AKlM,q"q�1
Attest - l/i .l.i�� I i _i i �%' — — 1l
ity Clerk 5* SEAL
Resolution: N I �i1 \; GAO .
Contract 202 Q (a-
List of Exhibits attached to this contract
Exhibit A—Scope of Work
Exhibit B— Professional Fee
Exhibit C— Schedule of Rates
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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 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: 171/ s/Z 3
Seal or Stamp �7f
�•�``Zt o *,, (Signature)
se.•ter.. • �� lPihC) f7w
•
• Vcsil Title
�-i Al ; S 6r L �hp.-�u3 /�-C�7_0
��
. •0=: Printed Name
Aft re F N.
WASN,NG‘ fir, /My commission expires: l /i5
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EXHIBIT A
SCOPE OF WORK
CITY OF YAKIMA
SOUTH SECOND AVENUE WATERMAIN REPLACEMENT
The City of Yakima (CITY) desires to improve system operations and reduce unscheduled repairs by
replacing approximately 1,400 linear feet of existing 12-inch cast iron watermain with new 12-inch ductile
iron watermain in South Second Avenue, between West Pine Street and Division Street. Improvements
will include new crossing connections, water services, valves, fire hydrants, and related surface repairs.
HLA Engineering and Land Surveying, Inc. (ENGINEER), shall provide professional services for the CITY
as outlined in the Work Task descriptions below.
1.0 Design Engineering
1.1 Provide complete PROJECT management to deliver the PROJECT within mutually
determined expectations.
1.2 Attend kick-off meeting with the CITY to identify extent and type of improvements.
1.3 Provide preliminary cost estimate(s) for CITY selected initial improvements.
1.4 Conduct a topographic survey of the PROJECT area as required to complete design, plans,
and specifications, including call for utility locates.
1.5 Research and identify existing easements and right of way limits for the PROJECT.
1.6 Attend meetings with the CITY to address technical aspects of the work related to scope,
design, and schedule of the PROJECT. Up to two (2) meetings are anticipated.
1.7 Perform field investigations necessary to design the identified improvements.
1.8 Complete review of the existing system, connection locations, and provide any change in
improvement recommendations from CITY selected initial improvements.
1.9 Review and identify public and private utilities within the PROJECT area.
1.10 Prepare the preliminary design. Present, review, and discuss preliminary plans with the CITY
at 30%, 60%, and 90%.
1.11 Provide quality assurance and quality control review for each level of design completion
(30%, 60%,and 90%).
1.12 Coordinate CITY reviews and incorporate CITY comments for each level of design
completion (30%, 60%, and 90%).
1.13 Based on approved preliminary plans, perform the final design, and provide final plans and
specifications to the CITY in electronic format suitable for printing and use at time of bid
advertisement. It is anticipated HLA will prepare one (1) complete set of plans and
specifications for one bid call; additional bid packages will be considered additional services.
1.14 Prepare Engineer's Estimate of construction cost.
1.15 Prepare advertisement for bids. CITY will transmit to newspaper(s)for publication. All
advertising fees to be paid by the CITY.
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1.16 Post documents to HLA website, notify potential bidders and utility companies of PROJECT
posting, and maintain planholder list.
1.17 Answer and supply information as requested by prospective bidders.
1.18 Prepare and issue addenda to contract documents, if necessary.
1.19 Attend the bid opening and participate in the evaluation process.
1.20 Prepare summary of bids received and review bidder's qualifications and responsiveness.
1.21 Make recommendation of construction contract award to the lowest responsible bidder.
1.22 Prepare Notice of Intent to Award to Contractor.
1.23 Assemble construction Contracts and coordinate execution of the Contract with the CITY and
Contractor, including review of bond and insurance requirements.
2.0 Construction Engineering
Construction engineering will be added by an amendment to this Agreement once the CITY moves
forward with construction.
3.0 Additional Services
Provide professional engineering services for additional work requested by the CITY that is not included
in this Agreement.
4.0 Items to be Furnished and Responsibility of the CITY
The CITY will provide or perform the following:
4.1 Provide full information as to CITY requirements for the PROJECT.
4.2 Provide all available information pertinent to the PROJECT relative to completion of design
and construction of the PROJECT.
4.3 Provide staff and equipment to pothole at specific areas of potential conflict or interest,
necessary to confirm the design.
4.4 Contact property owners affected by the PROJECT and gain necessary access to property
for field investigation, design, and construction of improvements.
4.5 Examine all documents presented by HLA and provide written decisions within a reasonable
time so as not to delay the work of HLA.
4.6 Obtain approval of all required governmental authorities for the PROJECT, and approvals
and consents from other individuals as necessary for completion of the PROJECT. Pay all
review fees and costs associated with obtaining such approvals.
4.7 Pay for advertising, notices, or other publications as may be required.
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TIME OF PERFORMANCE:
The services called for in this Agreement shall be completed as follows:
1.0 Design Engineering
Design engineering, including plans, specifications, and cost estimate shall be completed within ninety
(90) calendar days following receipt of this signed Agreement. It is anticipated one complete bid package
will be prepared for all improvements. If the CITY directs a portion of the work and/or multiple bid
packages, then time of completion to prepare multiple bid packages will be mutually agreed and included
by amendment to this agreement.
2.0 Construction Engineering
Time of completion for work directed by the CITY for construction engineering shall be negotiated and
mutually agreed upon when services are requested by the CITY and per execution of an amendment to
this Agreement.
3.0 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 SERVICES:
For the services furnished by HLA as described within this Agreement, the CITY agrees to pay HLA the
fees as set forth below. The amounts listed below may be revised only by written agreement of both
parties. A fee breakdown is provided in EXHIBIT B attached.
1.0 Design Engineering
Work directed by the CITY for design engineering shall be performed on a time-spent basis at the hourly
billing rates provided in EXHIBIT C of the Agreement(City Contract No. 2023- , Resolution No. R-
2023- ), plus reimbursement for direct non-salary expenses as described in section 6.1.1 for the
estimated maximum fee of$60,000.
2.0 Construction Engineering
Work directed by the CITY for construction engineering shall be negotiated and mutually agreed upon
when services are requested by the CITY.
3.0 Additional Services
Additional work requested by the CITY not included above shall be authorized by the CITY and agreed to
by HLA in writing prior to proceeding with services. HLA shall perform additional services as
directed/authorized by the CITY on a time-spent basis at the hourly billing rates provided in EXHIBIT C,
plus reimbursement for direct non-salary expenses as described in section 6.1.1.
End of Exhibit A
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EXHIBIT B
PROFESSIONAL FEE
Protect Tine: South Second Avenue Walerrnaln Replacement
Client City of Yakima
HLA Protect No.24032
Dale: Decem bet 6,2023 ENGINEER'S HOURLY ESTIMATE
Senior Licensed Project Licensed TVA]Man Contract CAD Adminr
Task Principal Principal Engineer I Land Survey Admin Ill Technician Clerical Task Direct
Project Task Total Hours Coats
No. Engineer Engineer Surveyor Crew
$263 $235 $174 $191 S270 $159 $153 S102
1.0 Design Engineering
1.1 Project Management 8 4 0 0 0 0 0 0 12 $3,044
1.2 Project Kick-off Meeting 2 2 2 0 0 0 0 0 6 $1,344
1.3 Preliminary cost estimates for den6Ued improvements 2 2 8 0 0 0 0 0 12 $2,388
1,4 Detailed topographic survey 0 0 0 4 12 0 4 0 20 $4,616
1.5 Review existing easements and right-or-way 0 2 4 8 4 0 4 0 22 $4,386
1.6 Fieldmvesugatlons 0 4 4 0 0 0 0 0 8 $1,636
1.7 Review and provide Improvement recommendations 4 2 2 0 0 0 0 0 8 $1,870
1.8 Review public and private utilities 0 8 8 2 0 0 0 0 18 $3,654
1.9 Preliminary Engineering Design(30%,60%and 90%) 2 2 32 0 0 0 4 4 44 $7,584
1.10 In-house project review,quality control(30%,60%and 90%} 4 8 2 4 0 4 4 4 30 55,700
1 11 Review wfand Incorporate Agency comments(30%.60% 2 4 24 0 0 0 4 4 38 $6,662
and 9044t
1.12 Final design,plans.and specifications 2 4 8 0 0 0 2 4 20 $3.572
L13 Prepare Engineer's Estimate of construction cost 0 4 8 0 0 0 0 0 12 $2.332
1 14 Prepare Bid Advertisement for City Transmittal to 0 1 2 0 0 2 0 2 7 $1,105
Newspaper
1 15 Maintain HLA wcbsitc for bidding purposes indudirg 0 0 0 0 0 0 0 4 4 $408
Planholdors I-r„1
1.16 Answer and Supply Inlornwtion as Requested by 0 2 4 0 0 2 0 0 8 $1,484
Prospective Bidders
1 17 Prepare and Issue Addenda to Contract Documents 0 2 2 0 0 0 0 2 6 $1,022
1 18 Mend Bid Opening and Bid Evaluation 0 2 2 0 0 4 0 0 8 $1,454
1.19 Prepare Tabulation of Bids and Review Bidder Qualifications 0 1 2 0 0 8 0 0 11 $1,855
1.20 Make Recommendation of Award I 1 1 0 0 2 0 0 5 $990
1.21 Prepare Notice of Rent to Award 0 1 1 0 0 2 0 2 6 $931
1 22 Contract Execution.Bond and Insurance Review 0 1 1 0 0 a 0 2 12 $1,885
Labor Subtotal 27 67 117 18 t6 32 22 28 317 559,922
EXPENSES:
Expenses: Cost/Unit Ground Days Days Miles _ Units
Mileage 50.66 50 $30
Total 1.0 Design Engineering $60.000
End of Exhibit B
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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 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
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