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HomeMy WebLinkAboutHLA Engineering and Land Surveying, Inc - Professional Services for the Wiley City Sewer Services EvaluationFor City of Yakima Use Only: Contract No. 2025- tS ' Project No. Resolution No, Pik SOQ No. AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND HLA ENGINEERING AND LAND SURVEYING, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this ' 'Ki day ofjp mar- , 2025, by and between the City of Yakima, Washington, a municipal corporation with its incipal 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 WILEY CITY SEWER SERVICES EVALUATION on behalf of the City of Yakima's Projects, herein referred to 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, Justin L, Bellamy, 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 Work" (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," 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 Page 1 and/or completion time adjustment pursuant tothis Agreement shall bamade 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 met forth in Exhibit B. attached hereto and incorporated herein by this raferanom, and if so authodzmd, oMaU 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 vvhbnQ. 3.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30)deys from the date ofthe ENG|NEEF{'sreceipt nfthe written notification oychange. SECTION 3 TERM 3.1 The term ofthis AGREEMENT shall beAugust 31.2026. SECTION 4 CUTY'S RESPONSIBILITIES 4.1 CITY -FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the C|TY's possession relating to the ENGINEER'S services onthe PROJECT including information mnany pre-existing conditions known bothe CITY that constitute hazardous waste contamination onthe PROJECT site oadetermined bymnauthorized regulatory agency. 4`2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably accessible to ENGINEER as required for ENG|NEERys 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 ENG|NEER'Sstudies, reports, sketches, apenifinmtona, propoaa|o, and other documents; obtain advice of an atb»nney, insurance oounsa|or, accountant, auditor, bond and financial odximore, and other consultants as CITY deems appropriate; and render |nwriting decisions required of CITY in otinne|y manner. Such examinations and dac|o|ons, hom/over, shall not naUave the ENGINEER of any contractual obligations nor of its dub/ to render professional sen/|ome meeting the standards of core applicable to its profession. 4.4 CITY shall appointa C|TY's Representative with respect to WORK to be performed under this Agreement. C|TY's Representative shall have complete authority hztransmit instructions and receive information. ENGINEER shall bmentitled bmreasonably rely onsuch 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 C|TY's Representative any instructions which the ENGINEER believes are |nadequate, inconmp|eta, orinaccurate based upon the ENG|NEER's knowledge. 4`5 Any documents, aen/icmm, and napuns provided by the CITY to the ENGINEER are available eo|ak/ as additional information to the ENGINEER and will not relieve the ENGINEER of its pno#ywsinnm| 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 neportm, but shall be responsible for exercising customary professional nmne in using and reviewing such documents, services, and reports and drawing conclusions from them. SECTION 6 AUTHORIZATION, PROGRESS, AND COMPLETION 5.1 In i ni 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. SECTION 6 COMPENSATION 6.1 COMPENSATION ON/\TIME SPENT BASIS ATSPECIFIC HOURLY RATES: For the services described in Exhibit A, compensation shall utilize current contractor hourly rates. Estimated rates identified in Exhibit - Schedule of Specific HoudV Robao, attached hereto and incorporated Page 2 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 ninety-nine thousand two hundred ($99,200) 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 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 Page 3 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: 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 Page 4 acts, failures to act, errors or omissions of the ENGINEER, orany ofEMG|NEER's agent(s) or su.|n performance of this Agreement, except for claims caused by the City's sole negligence. b. Industrial Insurance Act Waiver. It is apecifinm|k/ and smpreaak, understood that the ENGINEER xvak/ea any irnrnundn that may be granted to it under the Washington State industrial insurance oct. Tide 51 RCW, solely for the purposes of this indemnification. ENCS|NEER'a indemnification shall not be limited in any way by any limitation on the amount of dannmgoa, compensation or benefits payable to or by any third podn under vvod«ara' oonnpmnmm1|on aots, disability benefit acts or any other benefits acts orprograms, ENGINEER mhoU require that its subcontractors, and anyone directly orindirectly employed or hired by ENCS|NEER, and anyone for whose ootm ENGINEER may be liable in connection with its performance of this Agreement, comply with the terms of this paragraph, waive anyimmunity granted under Title 51 RCW, and emmunma all potential liability for actions brought by their nyapecfims employees, The Parties acknowledge that they have mutually negotiated this waiver. o. Should m court of competent uhodiction doNynn|na that this Aunaonnent is subject to RCVV 4.24.115, thmn, in the event ofliability for damages arising out ofbodily injury to persons or dornagam to property caused by or resulting from the concurrent negligence of the ENGINEER and the City, the ENG|NEER'o |iobi|ity, including the duty and cost to dofend, shall beonly bothe extent ofthe ENG|NEER'enegligence. d. Nothing contained in this Section orthis Agreement aMoU be construed to opamNa a Uob|Ub/ or aright ofindemnification inany third party. e The terms of this Section shall survive any expiration or termination of this Agreement. 7.5 |nany and all claims bvanemployee ofthe EmG|mEER, any subcontractor, anyone directly or indirectly employed by any of them, oranyone for whose acts any of them may beliable, the indemnificabon obligations under this Agreement shall not be limited in any way by any limitation Pnthe amount ortypes ofdamnoQea.companoaUwn.orbona�mpayable byorfor the EN��|NEER or subcontractor under workers' orxvmrkmenm' compensation aota, disability benefit octa, or other employee benefit acts. The ENGINEER mpanifico||y and expressly waives its immunity under the Industrial Insurance Act. Tide 61, RCV% Such waiver has been mutually negotiated by the ENGINEER and the CITY. 7.6 It is understoodthat any resident engineering or inspection provided by ENGINEER is for the purpose ofdetermining compliance with the technical provisionsofPROJECT specificationsamd does not constitute any fbnn of guarantee or insurance with respect to the performance of o contractor. ENGINEER does not assume responsibility for methods or appliances used by o contractor, for a contractors safety programs or methods, or for contractors' compliance with laws and regulations. CITY shall use its best efforts to ensure that the construction contract naquinaa that the contractor(s) indemnify and name CITY, the C|TY'o and the ENG|NEER'm offioarm, principa|s, mmp|oyeem, aQmnbs, representatives, and engineers as additional insureds on contractor's insurance poUo|ao covering PROJECT, exclusive of insurance for ENGINEER professional liability. 7.7 ENGINEER responsible for and shall pay all taxes, deductions, and assessments, including but not limited to federal income tan F|CA, social security tax, omsmemnnentm for unemployment and industrial injury inounance, and other deductions from income which may be required by |oxv or 000eooed against either party as a namu|t of this Agreement. In the event the City is assessed a tax or assessment as a result ofthis Agreement, ENGINEER shall pay the same before itbecomes due. 7'8 SUBSURFACE INVESTIGATIONS: In soika, foundaUon, groundwater, and other subsurface invaaUQo1ionm, the actual chmnaotehoUoa may vary significantly between successive test points and sample inhama|m and at locations other than where obaenaaimn, mup|orat|on, and investigations have been made. Because ofthe inherent uncertainties insubsurface 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 ENG|NEER, to the extent that ENGINEER has exercised the applicable and appropriate standard of professional care, thoroughness and judgment in performing such investigations. Page 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 govemmental 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. 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. Page 6 iCi] The ENGINEER agrees to the disclosure of all information and reports resulting from aoowms to records pursuant to this section provided that the ENGINEER is afforded the opportunity for an audit exit conference and onopportunity bo comment and submit any supporting documentation on the pertinent portions of the draft audit report and that the final audit report will include ENG|NEER'swritten comments, ifany. 10.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for WORK on the Project. 10.6 Any charges of the ENGINEER paid by the CITY which are found byonaudit tobainadequately substantiated shall bereimbursed bmthe CITY. SECTION 11 INSURANCE Atall times during performance ofthe 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, damaQem, komsea, and expenses arising out of or rmauUUnQ from the performance of this Agreement. ENGINEER mhm|| provide and maintain in force insurance in limits no |oes than those stated be|mm, as applicable. The CITY reserves the right to require higher limits should it doom it necessary in the best interest of the public. If ENGINEER corhoo higher coverage limits than the limits stated be|mw, such higher limits shall be shown on the Certificate of Insurance and Endorsements and C|b/ of Yakima shall be named as an additional insured for such higher limits. ENGINEER shall provide mCertificate ofInsurance tothe City as evidence of coverage for each ofthe policies and outlined herein. Acopy ofthe additional insured endorsement attached bothe policy shall be included with the certificate. This Certificate of insurance shall be provided to the City priorto 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 abooia for termination. Failure 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. ENBNEER'sinsuramce coverage shall be primary insurance with respect to those who are Additional Insureds under this Agreement, and any insuronoe, 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 ahoU contribute to any matt|mmnontm, defense costm, or other payments made bvENG|NEER'ainsurance. All additional insured endorsements required by this Section shall include onexplicit waiver oYsubrogation. Commercial General Liability Insurance. Before this Agreement ksfully executed bv the oorties. ENGINEER shall provide the CITY with o certificate mfinsurance am proof of commercial liability insurance and commercial umbrella liability insurance with a total liability Unn|t of the |inn|te required in the pohcy, subject to minimum Unnita of Two yNUUmn Dollars ($2.00O.O0O.O0)per occurrence combined single limit bodily injury andpnopedy damage, and Five Million Oo||mnm ($5.000.000.00)genena| m@gnagaha. The cehOfioaby shall c|aody state who the provider is, the coverage onmount, the policy number, and when the policy and provisions provided are in effect. Said policy ehm|| be in effect for the duration of this Agreement. The policy shall name the C|TY, its elected and appointed officio|o, mffioe,o, agenbm, omp|oyees, and volunteers asadditional insureds. The insured shall not cancel qrchange the insurance without first giving the CITY thirty (30) om|ondor days prior written notice. The insurance shall be with an insurance company or companies rated A-V|| or higher in Bmat'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 10.1.1 entitled "Commercial General Liability Insurance". c. Under either situation described above in Section 10.1.2.a. and Section 10.1.2.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 Five Million Dollars ($5,000,000.00) 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 Page 8 considered the Prime Contractor hereunder and shall be the sole point of contact with regard to all contractual matters arising homaundor, 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 [:|TY, which approval ehm|| not be unreasonably withheld. Each subcontract shall be subject to review by the C|TY'o Representative, if requested, prior to the mubconsu|bantorsubcontractor proceeding with the WORK. Such review eho|| not constitute an approval amtothe legal form nrcontent ofsuch subcontract. The ENGINEER mhoU be responsible for the onohiboc±una| and engineering performance, acts, and omissions ofall persons and firms performing subcontract WORK. 12.3 CITY does not anticipate ENGINEER subcontracting with any additional persons or firms for the purpose ofcompleting this Agreement. 12.4 The ENGINEER shall oubmnit, along with its monthly invoicem, o description of all WORK completed by auboonou|tonts 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. SECTION13 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 heiro, exacutono, odminimtnutona, muooe000re and maoigno, does hereby agree tothe full perfonnanoe of all of the covenants herein contained upon the pad 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 ofCITY and ENGINEER astothose matters contained herein. No prior oral or written understanding shall he of any force or effect with respect 0othose matters covered herein. This Agreement may not bemodified oraltered except in writing signed by both parties. SECTION 16 JURISDICTION AND VENUE 16.1 This Agreement shall be administered and interpreted under the laws of the State of Washington. Jurisdiction of litigation mds|nQ from this Agreement ohm| be in Washington State. If any pad of this Agreement is found to conflict with applicable |avxa, such part shall be inopenaUva, nuU, 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 inYakima County, Washington. SECTUONi6 EQUAL EMPLOYMENT and NONDISCRIMINATION 16.1 During the performance of this Agreement, ENGINEER and ENG|NEER's auboonmultsnts and subcontractors mhmU not discriminate in violation of any applicable federa|, mbaba and/or local law or regulation on the basis of age, sex, rmoo, oraod, mo|i0ion, oo|or, national ohgin, marital obatua, dimabiUtv, honorably discharged veteran ormilitary status, pna8nonoy, sexual ohentadion. gender identity, political affiliation or belief, or the presence of any sensory, mental or physical handicap, and any other classification protected under federal, state, or |000| |aw, inc|ud|nQ, but not limited to the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et. seq.). This provision ohmU include but not be limited tothe following: ernp|oynment, upgnoding, demotion, transfer, recruitment, advertising, layoff or Page termination, rates ofpay orother forms of compensation,aelecUonfor training, and the provision mfservices under this Agreement. ENGINEER agrees bzcomply the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. In the event of the ENG|NEEF1'a or ENG|NEER'a subcontractors noncompliance with the non-discrimination o|ouma of this Agreement or with any such ru|eo, naQu|allonm, or mndwra, this Agreement may be oanoe||ed, tarnnino*od' or suspended in whole or in part and the ENGINEER may bedeclared ineligible for any future City contracts. 16.2 Pay transparency nondiscrimination. The ENGINEER will not discharge orin any other manner discriminate against employees orapplicants because they have inquired mbout, diaoumamd, or disclosed their own pay or the pay of another employee or applicant. Mowovmr, employees who have aooemm to the compensation information of other employees or applicants as o port of their essential job functions cannot disclose the pay of other onnp|oyeoa or applicants to individuals who do not otherwise have access tocompensation informnoUon, unless the disclosure is (o) in response to a formal complaint or choqQa. (b) in furtherance of an inveaUQebon, pnoomed|ng, hearing, oraction, including aninvestigation conducted bythe employer, or(o)consistent with the contractors legal duty tofurnish information. 16.3 RCVV35.22.66O: ENGINEER agrees that the ENGINEER shall actively solicit the employment of rninohtvgroup members. ENGINEER further agrees that the ENGINEER shall ocUVe|vsolicit bids for the subcontracting of goods or ean/icem from qualified minority businesses. ENGINEER shall furnish evidence of the ENGINEER'S compliance with these requirements of minority employment and solicitation. ENGINEER further agrees boconsider the grant qfsubcontracts to said nn|nqhty bidders on the boo|o of substantially equal proposals in the light most favorable to said minority businesses. 16'4 Nothing in this Agreement, including, without limitation, the provisions of Section 16, shall require ENGINEER or any of its subcontractor(s) to take action that would be deemed discrimination or preferential treatment in violation of RCVV 49.60.400. Pursuant to RCVV 49.60.400(6). this Section does not prohibit action that must be taken to establish or maintain the C|TY'S eligibility for any federal pnognann, ifineligibility would result in a loss offederal funds bothe CITY. SECTION 17 SUSPENSION OF WORK 171 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond C|TY's control are interfering with normal progress of the WORK. ENGINEER may suspend,in writingcertified mail, all oraportion ofthe WORK under this Aonoernmn1 if unforeseen circumstances beyond ENG|NEER'm control are interfering with normal progress ofthe WORK. ENGINEER may suspend WORK onthe PROJECT |nthe event CITY does not pay invoices when due, except where otherwise provided bythis Agreement. The brnefor completion ofthe WORK shall baextended bythe number ofdays WORK imsuspended. If the period of suspension exceeds ninety (90) daym, the terms of this reenmant are subject to ranagotiation, and both parties are granted the option toterminate WORK on the suspended portion ofProject inaonondmnomvvithGECT|ON18. SECTION18 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 181 of this GmoUon. CITY may tonninoba this Agreement for its convenience, inwhole orinpart, provided the ENGINEER kagiven: (1)not less than fifteen (16) calendar days written notice delivered bycertified mail, return receipt requested. ofintent 10 0amn|note; and (2) an opportunity for consultation with CITY before the effective termination date. 18.3 If CITY Uanninabem for default on the part of the ENGINEER, an adjustment in the contract price pursuant to the Agreement shall bemade, but (1)noamount shall baallowed for anticipated profit on unperformed services orother WORK, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to the extent ofany additional costs or damages CITY has inourned, or is likely to inour, because of the ENGINEER'S breach. In such event. CITY shall consider the amount of WORK originally required which was maUmfmotoh|y oomnp|mNad to dote of termination, whether that WORK is in m form orofo type which is usable and suitable to CITY at the date of termination and the cost to CITY of completing the WORK |b;a|f or of employing another firm tocomplete it. Under no circumstances shall payments nnoda under this provision exceed the contract price. In the event ofdefault, the ENGINEER oQnaam to pay CITY for any and all damages, coebs, and expenses whether directly, indireot|y, or consequentially caused by said default. This provision ohmU not preclude CITY from filing c|oirnm and/or commencing litigation to secure ommnpmnemUmn for damages incurred beyond that covered by contract ret*inm0eorother 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 Aom*onnent shall include payment for smn/icmo 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 boassume said commitments. 18.5 Upon receipt ofa banninoUon notice under subsections 18.1 or 18.2 above, the ENGINEER aho| (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver or otherwise make available to CITY all originals of data, drawinQs, spmcifiootonm, cm|cu|obonm, naportm, mmUmnmtem, summnohao' and such other infonnation, dooumantm, and materials as the ENGINEER or its muboonou|banto 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 mhoU 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 mofailed, the termination shall Ledeemed to have been effected for the convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be determined mmset forth |nsubparagraph 1B.4ofthis Section. 18.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key personnel employed by the ENGINEER inPROJECT WORK or for officer of the ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its obligations to oqnnp|eta performance under this Agreement without the concurrence and written approval of CITY. If CITY oQnaas to termination ofthis Agreement under this pnov|m|on, payment shall bamade meset forth insubparagraph 10.3ofthis Section. SECTION 19 DISPUTE RESOLUTION 19.1 |nthe event that any dispute shall arise as to the interpretation or performance of this or in the event of a notice of default as to whether such default does constitute a breach of the oontnact, and if the parties hereto cannot mutually settle such diffenonoam, then the parties shall first pursue mediation as a means to resolve the dispute. |fneither ofthe afore mentioned methods are successful then any dispute relating to this Agreement shall be decided in the courts of Yakima Counb/. Washington 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 begiven under the terms of this Agreement shall be directed to the party at the address set forth below. Notice shall boconsidered 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 iaearlier. CITY: City of Yakima 129 N 2nd Street Yakima, WA 98901 Attn: Bill Preston, P.E. ENGINEER: HLA Engineering and Land Surveying Inc. 2803 River Road Yakima, WA 98902 Attn: Benjamin A. Annen, PE 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. If any litigation, claim, or audit is started before the expiration of the six -year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 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 anv 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. 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 govemmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of its work. Page 12 a. Procurement of m 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 ofo valid Washington department of Revenue abate excise tax registration numnber, as required inTitle 85RCW. c. ENGINEER must provide proof ofa xsUd Washington Unified Business Identification /UB|\ number. ENGINEER must have m current UB| number and not be disqualified from bidding onany public works contract under RCVV3B.OG.1O1or3G.12.0GG(3). d. ENGINEER must provide proof of a valid Washington Employment Security Department number omrequired bvTitle 6ORCVK e. Foneion (Non-VVmmhinqton) Corporations: Although the City does not require foreign corporate proposers to qualify in the C|b/. 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 231 Sevenabi|dv. If any term or condition of this Agreement or the application thereof to any person(s) or oinuumnotonoee is held inva|id, such invalidity nUoU not affect other $arnle, conditions or applications which can be given effect without the invalid benn, condition or application. To this end, the terms and conditions ofthis Agreement are declared severable. 23.2 Agreement documents. This Agreement, the Request for Qualifications & Proposals No. N/A, titled N/A Scope of Work, conditions, addenda' and modifications and ENG|NEER'm proposal (to the extent consistent with Yakima City documents) constitute the Agreement Documents and are complementary. Specific Federal and State |amm and the bommm oYthis Agreement, in that order respectively, supersede other inconsistent provisions. These Agreement Documents are on file in the C]Mioe of the Purchasing Manager, 129 No. 2nu @t.. Yakima, VVA. 98901, and are honobv incorporated by reference into this Agreement. 23.3 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. 234 No conflicts of interest. ENGINEER nepnamontm that it or its employees do not have any interest and shall not hereafter acquire any interest, direct orindirect, which would conflict inany manner or deQnam with the performance of this Agreement. ENGINEER further covenants that it will not hire anyone or any entity having such a conflict of inbanmot during the performance of this Agreement. 23.5 Promotional advertising prohibited. Reference to or use of the City, any of its agencies or other subunda, or any official or employee | promotion is prohibited. News releases pertaining bothis procurement shall not bemade without prior approval ofthe City. Ra|aooe of broadcast omnmi|m pertaining to this procurement shall not be made without prior written authorization ofthe City. 23.6 Time imofthe essence. Timely provision ofthe WORK required undorthisAopaemnentsha||beof the essence ofthe Agreement,including the provision ofthe WORK within the time agreed oron adate specified herein. 23.7 Waiver of breach. /\ waiver by either party hemwb» of breach of the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself ofany subsequent bnmooh 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 inotanoen, shall not be construed as a waiver orrelinquishment ofany such agreement, covenant, condition or right. 23.8 Force Mjeuna. 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 tothe time lost due tothe reason for delay. 219 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 terme, pedhrmancaa, and provisions of this Agreement. 23.10 Survival. The foregoing sections of this Agreement, |nduoive, ohoU survive the expiration or termination of this Agreement, in accordance with their terms. IN WITNESS VVHEREDF, 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. Victoria Baker � � � Printed Name: w U. ��C�V '�°� ��) Title: CUv Manager List of Exhibits attached to this contract: ExhibitA—SommeofVVprk ExhibitB—Enginwmr'eHoudyEstnnate ExhibitC—Schedu|mofRmtmo HLA ENGINEERING AND LAND SURVEYING INC. Printed Name: 1&V&j4W11h1 110VA*1 Title: Vice President STATE OF WASHINGTON COUNTY OF YAKIMA ) ss. } I certify that I know or have satisfactory evidence that Victoria Baker is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she 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 Tit Printed Nam My commission expires: Page 15 STATE OF WASHINGTON COUNTY OF YAKIMA } } ss. I certify that I know or have satisfactory evidence that Benjamin A, Annen, 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 Vice President of HLA Engineering and Land Surveying, Inc. (HLA), to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: )l..LI t� Lip 2 Q 2 Seal or Stamp Title ay? tri Printed Name (�j My commission expires: } ? .e,V in i L„t)26 Page 16 EXHIBIT A Scope of Work Wiley City Sewer Service Evaluation Exploration of Sewer Service Expansion in Wiley City, Yakima County 1. Project Overview This scope of work aims to examine the feasibility of expanding sewer services within Wiley City's Limited Areas of More Intensive Rural Development (LAMIRD) and the broader Wiley City/Ahtanum area, where aging septic systems are failing. The study will explore altematives for establishing a comprehensive wastewater management system, including: • Connection to the existing City of Yakima Sewer System • The feasibility of constructing a new wastewater treatment facility in Wiley City • Regulatory, financial, and environmental considerations related to both approaches 2. Tasks and Methodology Task 1: Assessment of Connecting to the Existing City of Yakima Sewer System Infrastructure Analysis: Review sewer plan prepared by Akel and confirm study assumptions related to study service area. Coordinate with City Wastewater Collections staff to confirm existing sanitary sewer flow expectations. Identify system impacts associated with Wiley City sewer flows. • Connection Alternatives: Utilizing drone topographic survey, explore different options for integrating Wiley City/Ahtanum's wastewater flows into Yakima's system: o Gravity Sewer System: Direct connection to Yakima's existing sewer main. Up to two (2) alignment alternatives. o Force Main Collection System: Utilizing pump stations to aggregate wastewater and discharge into the Yakima VVVVTP. Cost Evaluation: Develop preliminary cost estimates for pipeline extensions, pump station installations, and long-term operations and maintenance. • Regulatory Review: Examine policies, agreements, and permitting requirements for intergovernmental collaboration. Task 2: Evaluation of a Local Wastewater Treatment System • Site Selection & Feasibility: Identify potential sites for a wastewater treatment facility and assess land use compatibility. Up to two (2) sites. • Treatment Technology Options: Explore viable treatment solutions, including o Conventional activated sludge systems o Membrane bioreactor (MBR) technology for producing high -quality reuse water • Environmental Impact Analysis: Conduct preliminary studies on water quality, soil conditions, and ecological impact. • Capital & Operational Cost Estimates: Develop financial projections for facility construction, operations, and maintenance. Page 17 • Regulatory Compliance: Review state and federal permitting requirements, including discharge standards and environmental regulations. Task 3: Stakeholder Engagement & Public Outreach • Coordination with Local & Regional Authorities: Engage with Yakima County officials, the City of Yakima, and other stakeholders. Up to three (3) meetings. Community Outreach: Hold informational sessions to gather input from Wiley City/Ahtanum residents and affected businesses. Up to three (3) meetings. • Funding Opportunities & Grant Analysis: Identify potential funding sources, including state and federal infrastructure grants. 3. Deliverables • Technical reports on infrastructure feasibility • Cost estimates and financial data • Regulatory and policy analysis • Public outreach summary and recommendations • Final feasibility study report with next steps 4. Timeline A phased approach will be developed based on project milestones, with initial assessments completed within 6-9 months, and final evaluation completed within 12 months. Page 18 PPc& cart, Connection to Existing City of Yakima Sewer System Review exist stt A.kOV studyla„ eneral Sewer rlan. Review Ilow< growh, and capacity expectations wnh City Wastewater Stall Using Akel study, evaluate current sewer system capacity and ability to accommodate additional wastewater [lows- Identity capacity con:er'ns. Confirm Akel identified service area Confirm Akel identified flaw rate projection Deterxisting system irtt3aets fir senile y Sew 3r onl, f the City of Yakima.'wtln associated improvement cast estimate Determine existing system impacts for combined sarti;ary sewer and industrial sewer to the City of Yakima, with associated improvement cost estimate 1.2 Connection Alternatives Determine if gravity sewer collection system can be a accomphished. Identity service area and associated cost estimate Up to 2 Alignments {YVT Alignment: Roadway) Drone Survey Crily Calculations Cost Esllmateist Determine if a combination gravity sewer sewer collection system and pump slatiun+,si are required. Identify service area and associated cost estimate Lift Station Locatronisl P1incfl Engineer 279' $56,561 84 17,$14 16 S3.354 '1'2 52,53 4 5046 $ S1.592 1S 53.3C6 16 S3„y08 16 0 0 1i}8 $20,976 15 S3,264 51.837 21 54,43 51.25 Cost Estimate(s) 5 S1,32 trni a.po1`rcie gt err tyes tndperrnittisxg uiforti5tergoverrutrentaf colial#7ralton Renew existing City of Yakima ordinances for basis of connectisrl charge Cocrdinale with City 10 delerminee basis of new capital improvement lees/connection charges Evaluate advantages/disadvantages for Wiley City sewer 'System to ba it5 own sewer district Evaluate advantages/disadvantages for Wiley City sewer system to be part of Yakima system Review 3-party agreement and make recommendations If Wiley City is separate server district discharging la Yakima Identify furr0ing snurce(' conveyance inlrastruclu 2.0 Evaluate Local Wastewater Treatment System. dexrlify p fertt%t silosicx''nec. WWTP-in 51,©25 S1,250 55.49 S2,058 52,058 5,,29 EXHIBIT C SCHEDULE OF RATES FOR Effective January 1,2025° through December 31,2025 Senior Principal Engineer $274.O0per hour Licensed Principal Engineer $245.00per hour Licensed Principal Land Surveyor $245.00per hour Director ufEngineering, Construction, Other $245.DOper hour Licensed Professional Engineer $221.0Oper hour Other Licensed Professional $221.00 per hour Project Engineer 11 $302.0Oper hour Supervisor ofConstruction, Planning, Other $2O2.00per hour Licensed Professional Land Surveyor $19Q.00per hour Planner ||| $1Q5.00per hour Project Engineer 1 $181.0Oper hour CAD|| $18O.00per hour Contract Administrator III, Administrative |\| $160.00per hour Resident Engineer || $166.O0per hour Planner || $184.00per hour CAD $16O.00per hour Surveyor || $16O.00per hour Engineering Technician ||| $149.0Oper hour Planner $149.DOper hour Resident Engineer | $14G.00per hour Surveyor $147.ODper hour Surveyor onTwo-Man Crew $141.00per hour Contract Administrator ||.Administrative || $139.00 per hour Engineering Technician || $128.O0per hour Surveyor onThree-Man Crew $123.00per hour Contract Administrator |. Administrative | $107.00 per hour Engineering Technician | $107.00per hour Vehicle Mileage Federal Rmh* Schedule of Rates may beadjusted during the term of this Agreement to the HLA Standard Hourly Rates