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DBI Consulting, LLC - 3D Scanning Services and desired deliverables for the Capitol Theatre As-Built Survey Project
AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND DBI CONSULTING, L.L.0 FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this ,R day of OCAOtoc - , 2025, 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 DBI Consulting, LLC with its principal office at 1427 Camden Cove, San Antonio, TX 78258, (hereinafter referred to as "SERVICE PROVIDER"); said corporation being licensed and registered to do business in the State of Washington, and will provide 3D Scanning services and desired deliverables for the Capitol Theatre As -Built Survey Project under this Agreement on behalf of the City of Yakirna's Projects, herein referred to as the "PROJECT." WITNESSETH: RECITALS WHEREAS, CITY desires to retain the SERVICE PROVIDER to provide engineering services for design and construction of the PROJECT, as described in this Agreement and subsequent Amendments thereto; and WHEREAS, SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER agrees to perform those services described hereafter. Unless modified in writing by both parties, duties of SERVICE PROVIDER shall not be construed to exceed those services specifically set forth herein. 2.0.2 SERVICE PROVIDER shall use its best efforts to maintain continuity in personnel and shall assign, Andy Gajbhiye as Principal -in -Charge throughout the term of this Agreement unless other personnel are approved by the CITY. 2,1 Basic Services: SERVICE PROVIDER agrees to perform those tasks described in Exhibit A, entitled "PROJECT 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 SERVICE PROVIDER agree that not all WORK to be performed by SERVICE PROVIDER 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 SERVICE PROVIDER to revise portions of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the PROJECT, or request that the SERVICE PROVIDER perform additional WORK beyond the scope of the PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services." Page 1 2.2.1 If such Additional Services cause an increase or decrease in the SERVICE PROVIDER'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 SERVICE PROVIDER 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 SERVICE PROVIDER shall not perform any Additional Services until so authorized by CITY and agreed to by the SERVICE PROVIDER in writing. 2.3 The SERVICE PROVIDER must assert any claim for adjustment in writing within thirty (30) days from the date of the SERVICE PROVIDER's receipt of the written notification of change. SECTION 3 TERM 3.1 The term of this AGREEMENT shall be from the date of signature of both parties through December 31, 2026. SECTION 4 CITY'S RESPONSIBILITIES 4.1 CITY -FURNISHED DATA: The CITY will provide to the SERVICE PROVIDER all technical data in the CITY'S possession relating to the SERVICE PROVIDER'S services on the PROJECT including information on any pre-existing conditions known to the CITY that constitute hazardous waste contamination on the PROJECT site as determined by an authorized regulatory agency. 4.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably accessible to SERVICE PROVIDER as required for SERVICE PROVIDER'S performance of its services and will provide labor and safety equipment as reasonably required by SERVICE PROVIDER for such access. 4.3 TIMELY REVIEW: The CITY will examine the SERVICE PROVIDER'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 SERVICE PROVIDER 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. SERVICE PROVIDER shall be entitled to reasonably rely on such instructions made by the CITY'S Representative unless otherwise directed in writing by the CITY, but SERVICE PROVIDER shall be responsible for bringing to the attention of the CITY'S Representative any instructions which the SERVICE PROVIDER believes are inadequate, incomplete, or inaccurate based upon the SERVICE PROVIDER'S knowledge. 4.5 Any documents, services, and reports provided by the CITY to the SERVICE PROVIDER are available solely as additional information to the SERVICE PROVIDER and will not relieve the SERVICE PROVIDER of its professional duties and obligations under this Agreement or at law. The SERVICE PROVIDER 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 SERVICE PROVIDER specific authorization to proceed with WORK described in Exhibit A. The time for completion is defined in Exhibit A, or as amended. Page 2 SECTION 6 COMPENSATION 6i1 COMPENSATION ON A LUMP GUM BASIS: For the owmicwn described in Exhibit A, compensation mhd| be paid per lump sum fee, according tothose tasks and amounts identified. The total maximum amount ofcompensation to the ENGINEER for identified lump sum tmmhm mhoU not exceed $46.375.00 without the written agreement of the CITY and the SERVICE PROVIDER. 8.1.1 Travel transportation, lodging, subsistence, and incidental expenses incurred by employees of the SERVICE PROVIDER in connection with PROJECT WORK; provided, as follows: * That amaximum ofU.G.INTERNAL REVENUE SERVICE allowed cents per mile will be paid for the o9ermbon, mainbenmncm, and depreciation costs of company or individually owned vehicles for that portion of time they one used for PROJECT VVC)RK' SERVICE PROV|OER, whenever possible, will use the least expensive form ofground transportation. � That reimbursement for meals inclusive of tips shall not exceed a maximum of forty dollars ($4O)per day per person. This rate may bmadjusted onayearly basis. ° That accommodation shall baatareasonably priced hotm|6nota|. ^ That air travel shall be by coach o|oos, and shall be used only when absolutely necessary. 6.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT shall not exceed Forty Six Thousand, Three Hundred and Seventy Five Dollars ($46.375.00)The SERVICE PROVIDER shall make all reasonable efforts bocomplete 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 SERVICE PROVIDER is not obligated to incur costs beyond thmindicotmdbudgod.mamnmybeamUuobed.nmr|othmC|TYob|i0otmdtopaythe SERVICE PROVIDER beyond these limits. When any budget has been increased, the SERVICE PROVIDER'S excess costs expended prior bnsuch increase will bmallowable bothe same extent as if such costs had been incurred after the approved inonemae, and provided that the City was informed inwriting mtthe time such costs were incurred. 6.3 The SERVICE PROVIDER ohm| submit to the City'm Representative an invoice each month for payment for PROJECT services completed through the accounting cut-off day of the previous month. Such invoices shall befor PROJECT services and WORK performed and costs incurred prior to the date of the invoice and not covered by previously submitted invoices. The SERVICE PROVIDER shall submit with each invoice a summary of time expended on the PROJECT for the current billing pmhod, ozpiww ofsubn#nmu|tent invoicam, 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 SERVICE PROVIDER promptly if any problems are noted with the invoice. CITY may question any item in an invoice, noting to SERVICE PROVIDER the questionable item(s) and withholding payment for such i8om(m). The SERVICE PROVIDER may resubmit such item(s) in a subsequent invoice together with additional supporting information requested. 6.4 If payment is not made within ohdy (GO) days following receipt of approved inv#ioes, interest on the unpaid balance whmU accrue beginning with the sixty-first (61m) day at the rate of 1.09t per month or the maximum interest rate pwnniUsd by |ew, whichever is less; prmvided, howmve,, 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 SERVICE PR[)\/|OER pursuant to the terms ofRCVV3Q.7G.D2O(4). 6.5 Final payment of any balance due the SERVICE PROVIDER 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 SERVICE PROVIDER'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 SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER to satisfactorily perform the PROJECT WORK as required under this Agreement. SECTION 7 RESPONSIBILITY OF SERVICE PROVIDER 7.1 The SERVICE PROVIDER 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 fumished by the SERVICE PROVIDER under this Agreement. The SERVICE PROVIDER shall, without additional compensation, correct or review any errors, omissions, or other deficiencies in its plans, designs, drawings, specifications, reports, and other services. The SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER 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 SERVICE PROVIDER shall be solely responsible for any claims for wages or compensation by SERVICE PROVIDER's employees, agents, and representatives, including subconsultants and subcontractors, and shall save and hold CITY harmless therefrom. 7.4 INDEMNIFICATION AND HOLD HARMLESS: a. SERVICE PROVIDER shall take all necessary precautions in performing the WORK to prevent injury to persons or property. To the fullest extent permitted by law, the SERVICE PROVIDER 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 govemmental proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the SERVICE PROVIDER, or any of SERVICE PROVIDER's agent(s) or subcontractor(s), in performance of this Agreement, except for claims caused by the sole negligence or willful misconduct of the City or its authorized representatives b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the SERVICE PROVIDER 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. SERVICE PROVIDER'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. Page 4 SERVICE PROVIDER shall require that its subcontractors, and anyone directly orindirectly employed or hired by SERVICE PROV|DER, and anyone for whose acts SERVICE PROVIDER may be |imbha in connection with its pmhbnnanma of this Agreement, comply with the terms ofthis paragraph, waive any immunity granted under Title 5iRCVV.and assume all potential liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. c Should m court of competent jurisdiction determine that this Agreement is subject to FtCVV 4.24.115, then, in the event ofliability for damages ohoin0 out ofbodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the SERVICE PROVIDER and the City, the SERVICE pFlOV|OER'o |iobi|ity, including the duty and cost to defend, shall bmonly hnthe extent pfthe SERVICE pROV|DERysnegligence. d. Nothing contained in this Section orthis Agreement shall be construed to create e liability or oright ofindemnification inany third party. a. The terms of this Section shall survive the expiration or termination of this Agreement subject to the applicable statute of limitations 7.6 In any and all claims by an employee of the SERVICE PROVOER, any oubountractor, anyone directly or indirectly employed by any of them, oranyone 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 ortypes of damages, nompenma1ion, or benefits payable by orfor the SERVICE PROVIDER or m subcontractor under workers' or wm,kmenm' compensation acts, disability acts, orother employee benefit acts. The SERVICE PROVIDER specifically and expressly waives its immunity under the Industrial Insurance Act, Title 51, RCVV. Such waiver has been mutually negotiated bythe SERVICE PROVIDER and the CITY. 7.8 bisunderstood that resident engineering inspection provided bySERVICE PROVIDER io 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 contractor. SERVICE PROVIDER does not assume responsibility for methods or appliances used by o contnactor, 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 C|TYo and the SERVICE PROV|DER'o offinenm, phnc|pm|m, amp|myeem, ogentm, reprmmen1oUves, and engineers as additional insureds on contractor's insurance policies covering PROJECT, exclusive ofinsurance for SERVICE PROVIDER professional liability. 7.7 SERVICE PROVIDER shall be solely responsible for and shall pay all taxes, deductions, and mwwewsments, including but not limited to federal income bon. F|CA, social security boo, assessments for unemployment and industrial injury inounmnue, and other deductions from income which may be required by |am/ or aoaaooed against either party as o namu|i of this Agreement. |nthe event the City ioassessed mtax orassessment amoresult of this Agreement, SERVICE PROVIDER shall pay the same before itbecomes due. 7.8 SUBSURFACE INVESTIGATIONS: In oo|ls. foundation, groundwater, and other subsurface invmmUQobono, the actual characteristics may vary significantly between successive test points and ommp|m intervals and at locations other than where obaenuation, emp|oraUmn, and investigations have been made. Because of the inherent uncertainties insubsurface eva|uobnnm, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. Theme conditions and cost/execution effects are not the responsibility of the SERVICE PROVIDER, to the extent that SERVICE PROVIDER has exercised the applicable and appropriate standard of professional como, thoroughness and judgment in performing such investigations. SECTION 8 PROJECT SCHEDULE AND BUDGET 8.1 The general PROJECT its component tasks shall be as set forth |nthis Agreement and attached Exhibits. The project schedule and performance dates for the individual bmoko mhoU be mutually agreed to by the CITY and the SERVICE PROVIDER 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 enUnmPROJECT shall not beextended, nor the budget increased because ofany unwarranted delays attributable to the SERVICE pROV|OER, but may be extended or increased by the CITY in the event of 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 SERVICE PROVIDER which could not bereasonably onUoipahadoravoided. 8.2 Not later than the tenth (1Om) day of each calendar month during the performance of the PROJECT, the SERVICE PROVIDER shall submit tothe COY^m Representative mcopy ofthe current schedule and awritten narrative description ofthe WORK accomplished by the8ERV|CE PROVIDER and subconsultants on each task, indicating a good faith estimate of the percentage completion thereof onthe last day ofthe previous month. Additional oral orwritten reports shall beprepared et the CITY's request for presentation to other governmental agencies and/or to the SECTION 9 REUSE OF DOCUMENTS 9i1 All internal WORN products of the SERVICE PROVIDER are instruments or services of this PROJECT. There shall benoreuse, change, or alteration by the CITY or others acting through or on behalf of the CITY without written permission of the SERVICE PROVIDER, which shall not be unreasonably withheld and will be at the Q|Ty'm mo|o hmh. The CITY agrees to indemnify the SERVICE PROVIDER and its offinmmo, mmployemo, mubcontroctomo, and affiliated corporations from all claims, damages, losses, and costs including, but not limited to, |iUgmdnn expenses and attomay'o yamo arising out of or rw|mbwd to such unauthorized nwunw, nhmnQo, or alteration; pnovidad, howaver, that the SERVICE PROVIDER will not be indemnified for such claims, damages, |ooseo, and costs including, without limitation, litigation expenses and attorney fees if they were caused by the SERVICE PROVIDER's own negligent acts or omissions. 9.2 The SERVICE PROVIDER ogmnmm that any and all planm, drawings, demignm, specifineUons, computer programs, technical reporto, operating manuals, cabulaUonm, nmbeo, 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 Agmaement, whether or not complete, mhmU be owned by and vested inthe CITY. 9.3 All rights to patents, trademarks, copyrights, and trade secrets owned by SERVICE PROVIDER (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 SERVICE PROVIDER, and SERVICE PROVIDER does not grant CITY any right or license to such Intellectual Property. SECTION110 AUDIT AND ACCESS TO RECORDS 10.1 The SERVICE PROV|DEFt, including its ouboonoultmnto, ohd| maintain booke, recondo, documents and other avidmmom directly pertinent to performance of the WORK under this Agreement in accordance with generally accepted accounting principles and p,aoUomm consistently applied. The CITY, or the C|TY'm duly authorized nmpresontativo, mho|| have 000esm to such bnoks, n*uqndo, dmcumentm, and other evidence for inmpaoUon, mudit, and copying fora period mfthree years after completion ofthe PROJECT. The CITY shall also have access 1osuch bpuhm, rmcordm, and documents during the performance of the PROJECT VVORK, if deemed necessary bythe CITY, boverify the SERVICE PROV|DER'oWORK and invoices. 10.2 Audits conducted pursuant this section shall bminaccordance with generally standards and established procedures and guidelines of the reviewing orauditing agency. 10.3 The SERVICE PROVIDER agrees to the disclosure of all information and reports resulting from access 0mrecords pursuant tmthis section provided that the SERVICE PROVIDER 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 SERVICE PROV|OER'mwritten comments, ifany, 104 The SERVICE PROVIDER shall ensure that the foregoing paragraphs are Included in each subcontract for WORK #nthe Project. 10.5 Any charges ufthe SERVICE PROVIDER paid bythe CITY which are found byanaudit bmbs inadequately substantiated shall be reimbursed to the CITY. SECTION11 INSURANCE At all times during performance of the WORK or obligations under this Agreement, SERVICE PROVIDER shall secure and maintain in effect insurance to protect the CITY and the SERVICE PROVIDER from and against all da|mnm. damages, |oaaaa, and mxpanoaa arising out of or resulting from the performance of this Agreement. SERVICE PROVIDER shall provide and maintain in force insurance in limits no |emm than those mtobad be|mw, as applicable. The CITY nmmmrvam the right to require higher limits should it deem it necessary in the best interest mfthe public. If SERVICE PROVIDER osniea higher coverage limits than the limits mbaUod be|mw, such higher limits shall be shown on the Certificate of Insurance and Endorsements and City of Yakima shall benamed ooanadditional insured for such higher limits. SERVICE PROVIDER shall provide oCertificate 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 hothe policy shall beincluded with the certificate. This Certificate ofinsurance 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 mhoU be a material breach of this agreement and obasis for termination. Failure bythe City todemand such verification of coverage with these insurance requirements or failure pfthe City toidentify mdeficiency from the insurance documentation provided shall not be construed as a waiver of SERVICE PROVIDER's obligation to maintain such insurance. SERVICE PROVIDER's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this AQnoomert, and any ineunanoe, self-insurance or insurance pool coverage maintained by the City shall be in excess of the SERVICE PROVIDER's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments mode by SERVICE PROV|OER'm insurance. All additional insured endorsements required by this Section shall include an explicit waiver of subrogation. Commercial General Liability |nwmmmmce. Before this Agreement hsfully executed by the parties, SERVICE PROVIDER shall provide the CITY with a oedificmbm of insurance as proof ofcommercial liability insurance and commercial umbrella liability insurance with a total liability limit ofthe limits required in the po|ioy, subject to minimum limits of Two Million Dollars ($2.000.000.00) per occurrence combined single limit bodily injury and property damage, and Four yNi|||on Dollars ($4.000'000.00) 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 ineffect. Said policy shall be ineffect for the duration ofthis Agreement. The policy shall name the CITY, its elected and appointed offioia|o, officans, aganbm, emp|mynem, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice. The insurance shall be with on insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State ofWashington. 11.1.2. Commercial Automobile Liability Insurance. a. If SERVICE PROVIDER owns any vehicles, before this Agreement is fully executed by the parties, SERVICE PROVIDER shall provide the CITY with a certificate of insurance as proof of commercial automobile liability insurance and unmmancim| umbrella liability insurance with o total liability limit of the limits required in the po|icy, subject to minimum limits of Two ;NUUon DqUmno ($2.000.000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to"Any Auto" and bmshown onthe certificate. Page b. IfSERVICE PROVIDER does not own any vehicles, only ^Nun-ownedand 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 officio|m, offivann, aQmntm, emp|oymem, and vo|unbomnm as additional insureds. The insured ahoU not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written nphm*. The insurance shall bewith aninsurance company orcompanies rated A4/||orhigher inBmmymGuide and admitted inthe State :fWashington. 11.1.3. Statutory workers' compensation and employer's liability insurance as required by state 11.1/4. Professional Liability Coverage. Before this Contract isfully executed bythe parties, SERVICE PROVIDER shall provide the City with ocertificate m[insurance ssproof of professional liability coverage with a total liability limit of the limits required in the policy, subject to minimum limits of Two YNi|||on OmUaro ($2.000.000.00) per claim, and Four Million OoUmno ($4.000.000.00)mggnmgate. The certificate shall clearly state who the provider is, the oovmnaQa amount, the policy numbmr, and when the policy and provisions provided are in effect. Said policy oho|| be in effect for the duration of this Contract. The insured shall not cancel orchange the insurance without first giving the CITY thirty (30) calendar days prior written notice. The insurance mhoU be with an insurance company or companies rated A4/|| or higher in Bemt'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 oYthis contract. Failure cfeither orall of the additional insureds bzreport aclaim under such insurance shall not prejudice the rights of the CITY, its elected and appointed officiohs, officano, emp|oyeeo, agenbo, and representatives there under. The CITY and the C|TY'o elected and appointed officimls, offiuens, phncipa|o, amp|oymam, repreoentadveo, and agents mhoU have noobligation for payment ofpremiums because ofbeing named emadditional insureds under such insurance. None oYthe policies issued pursuant to the requirements contained herein shall be oanne|md, allowed to wxpinm, 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 mfthe Agreement, or any extension,SERVICE PROVIDER fails to maintain the required insurance in full force and effect, all work under the Agreement shall be discontinued immediately. Any failure tomaintain the required insurance may besufficient cause for the City &oterminate the Agreement. SECTION 12 SUBCONTRACTS 121 SERVICE PROVIDER shall be entitled, to the extent determined appropriate by SERVICE PROVIDER, to subcontract any portion of the WORK to be performed under this Agreement. Hcmveve,, SERVICE PROVIDER shall be uonmkJa,ed 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 subconsultantmor subcontractors to the SERVICE PROVIDER 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 C|TY'm Repreoenbadva, if requested, prior Unthe muboonmultmnt or subcontractor proceeding with the WORK. Such review shall not constitute an approval as to the |ogo| form or content of such subcontract. The SERVICE PROVIDER shall be responsible for the architectural and engineering perfonnonma, actm, and omissions ofall persons and firms performing subcontract WORN. 12.3 CITY does not anticipate SERVICE PROVIDER subcontracting with any additional persons or firms for the purpose mfcompleting this Agreement. 12.4 The SERVICE PROVIDER shall submit, along with its monthly invokces, m description of all WORK completed byoubmonoubontoand subcontractors during the preceding month and copies of all invoices thereto. 12.5 If dissatisfied with the background, pedormmnoe, and/or general methodologies of any subcontractor, the City may request in writing that the subcontractor be removed. The SERVICE PROVIDER shall comply with this request adonce 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 SERVICE PROVIDER without prior written consent of the othmr, which consent will not be unreasonably withheld. The SERVICE PROVIDER for itself and its hoiry, eneoubora, mdmin|otratnro, successors and ooeigns, does hereby agree to the YbU performance of all of the covenants herein contained upon the pad of the SERVICE PROVIDER. It is expressly intended and agreed that no third party beneficiaries are created by this Agrewment, and that the rights and remedies provided herein mho|| inure only to the benefit of the parties bothis Agreement. SECTION14 INTEGRATION 141 This Agreement represents the entire understanding of CITY and SERVICE PROVIDER as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect $nthose matters covered herein. This Agreement may not be modified or altered except inwriting signed byboth parties. SECTION15 JURISDICTION AND VENUE 15.1 This Agreement shall be administered and interpreted under the laws of the State of Washington. Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any port of this Agreement is hound to conflict with applicable |omm, such pod who|| be inopmnmUve, nu||, and void insofar aait conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. Venue for all d|mpu1om arising under this Agreement mho|| lie in o court of competent jurisdiction inYakima County, Washington. SECTION16 EQUAL EMPLOYMENT and NONDISCRIMINATION 16.1 During the performance of this Agreement, SERVICE PROVIDER and SERVICE PROVIDER's ouboonoultants and subcontractors shall not discriminate in violation ofany applicable federal, state and/or local law or regulation on the basis of age, sex, race, creed, religion, color, national nhgin, mohba| stmtuo, dioabi|ib/, honorably discharged veteran or military stotum, pnegnoncy, omxum| ohmntatimn, gender identdy, political affiliation or belief, or the presence of any oenmory, mental or physical hmndioap, and any other classification protected under federal, state, or local |aw, inc|uding, but not limited bzthe Washington State Law Against Discrimination (RCVVchapter 49.60) or the /kmehomnm with Disabilities Act (43 UGC 12101 et. seq.). This provision shall include but not be limited to the following: employment, upgrading, demcd|on, tronaher, recruitment, advertising, layoff or UamninmUon, nsUms of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. SERVICE PROVIDER Page agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. In the event of the SERVICE PROVIDER's or SERVICE PROVIDER's subcontractor's noncompliance with the non- discrimination clause of this Agreement or with any such rules, regulations, or orders, this Agreement may be cancelled, terminated, or suspended in whole or in part and the SERVICE PROVIDER may be declared ineligible for any future City contracts. 16.2 Pay transparency nondiscrimination. The SERVICE PROVIDER 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. 16.3 RCW 35.22.650: SERVICE PROVIDER agrees that the SERVICE PROVIDER shall actively solicit the employment of minority group members. SERVICE PROVIDER further agrees that the SERVICE PROVIDER shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. SERVICE PROVIDER shall furnish evidence of the SERVICE PROVIDER'S compliance with these requirements of minority employment and solicitation. SERVICE PROVIDER further agrees to consider the grant of subcontracts to said minority bidders on the basis 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 SERVICE PROVIDER or any of its subcontractor(s) to take action that would be deemed discrimination or preferential treatment in violation of RCW 49.60.400. Pursuant to RCW 49.60.400(6), this Section does not prohibit action that must be taken to establish or maintain the CITY'S eligibility for any federal program, if ineligibility would result in a loss of federal funds to the CITY. 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. SERVICE PROVIDER may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond SERVICE PROVIDER's control are interfering with normal progress of the WORK. SERVICE PROVIDER 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. 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 Tess 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 SERVICE PROVIDER is given: (1) not Tess than fifteen (15) calendar days written notice delivered by certified mail, return receipt Page 10 requested, ofintent bnterminate; and (2) an opportunity for consultation with CO`/ bah»ne the effective termination date. 18.3 If CITY bxmninatme for default on the part of the SERVICE PROV|DER, an adjustment in the contract price pursuant tpthe Agreement shall be mede, but(1) noamount shall be allowed for anticipated profiton unperformed services o, other WORK, and (2) any payment due to the SERVICE PROVIDER 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 SERVICE PROVIDER'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 dmbw of termination and the cost to CITY of completing the WORK itself orofemploying another firm tocomplete it. Under nocircumstances shall payments made under this provision aocaad the contract price. In the event of default, the SERVICE PROVIDER oQnawm to pay CITY for any and all da,nmgmo, omoto, and expenses whether directly, indirectly, consequentially caused bysaid default. This provision shall not preclude CITY from filing claims and/or commencing litigation to secure compensation for damages incurred beyond that covered bycontract reiminagemrother withheld payments. 18.4 If the SERVICE PROVIDER terminates for default onthe part cf CITY nrif 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 SERVICE PROVIDER reasonably incurs relating to commitments which had become firm bohona the termination, unless CITY determines Uoassume said commitments. 18.5 Upon receipt of o termination notice under subsections 18.1 or 18.2 above, the SERVICE PROVIDER ohm|| (1) promptly discontinue all menvioao affected (unless the notice directs otherwise), and (3) deliver orotherwise make available to CITY all originals ofdata, dnavinga, opmcificationm, oa|ou|mUonm, nmpodm, mmUmo1em, mummahmm, and such other infonnoiinn, documents, and materials as the SERVICE PROVIDER or its oubconou|tonbs may have accumulated or prepared in performing this Agreement, whether completed or in pnognymo, with the SERVICE PROVIDER retaining copies ofthe same. 18.6 Upon termination under any subparagraph above, CITY reserves the prosecute the WORK to completion utilizing other qualified firma or individuals; provided, the SERVICE PROVIDER shall have no responsibility to prosecute further WORK thereon. 18.7 If, after termination for failure oythe SERVICE PROVIDER to fulfill contractualobli is determined that the SERVICE PROVIDER has not sofailed, the termination shall bedeemed to have been effected for the convenience of CITY. In such evmnt, the mcUuobnent pu,ouomd to the Agreement shall be determined as set forth in subparagraph 18.4 of this Section. 18.8 If, because of demth, unavailability any other oocunencm, it becomes impossible for any key personnel employed by the SERVICE PROVIDER in PROJECT WORK orfor any corporate officer of the SERVICE PROVIDER to render his services to the PROJECT. the SERVICE PROVIDER shall not be relieved of its obligations to complete performance under this Agreement without the concurrence and m/htten approval of CITY. If CITY agrees to termination of this Agreement under this prov|o|on, payment shall be made as set forth in subparagraph 18.3 of this Section. SECTION19 DISPUTE RESOLUTION 191 In the event that any dispute shall arise as to the interpretation or performance of this Agreement, or in the event of o 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 o means to resolve the dispute. If neither ofthe afore mentioned methods are successful then any dispute relating tothis Agreementshall bmdecided inthe courts of Yakima Counh/. Washington in accordance with SECTION 15. If both pmdioa consent in writing, other available means cfdispute resolution may beimplemented. SECTION 20 NOTICE 20.1 Any notice required totegiven under the terms ofthis Agreement shall iedirected to the party at the address set forth below, Notice shall baconsidered issued and effective upon receipt thereof by the addnnm000'pmdy. or seventy-two (72) hours after mailing by certified mail to the place of business set forth below, whichever isearlier. CITY: City of Yakima 12SN2ndStreet Yakima, WAQ0QDi Attn: Bill Preston, P.E. SERVICE PROVIDER: Q8|Consulting, LLC PO Box 591913 San Antonio, TX78258 Attn: Andy Gajbhiye 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 mhmU not relieve SERVICE PROVIDER of responsibility for performance of the WORK in accordance with this Agneemmn1, notwithstanding the Cdy'o knowledge of defective or non- complying parfonnmncm, its substantiality or the emmm of its discovery. SERVICE PROVIDER shall provide the Qb/ ouffiniant, oaho, and proper facilities, and/or send copies of the requested documents to the City. SERVICE PROV|OER's records relating to the WORK will be provided to the City upon the Cdy'orequest. 21.2 SERVICE PROVIDER 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 (G) years after final payment of the compensation payable under this Agreement, nrfor m longer period if required by law or by the VVuahinBbmn Secretary of Gbde'm nmoond mnbmnUqn schedule, SERVICE PROVIDER shall retain and provide the City access b» (and the City shall have the right to enamine, audit and copy) all of SERVICE PROV|OGR'o booko, dooumento, papers and records which are related bothe WORK performed by SERVICE PROVIDER under this Agreement. If any |digmdon, da|m, or audit is wtodod bo0ona the expiration of the six -year pariod, the records ohoU be retained until all |iUQoUon, c|aimm, oraudit findings involving the records have been resolved. Prior to converting any paper records to electronic format and/or destrovino anvraoordw. SERVICE PROVIDER shall cortuc±C|TY'm Records Administrator (509- 575'GO37) to discuss netondon. In noevent shall onv record no|oUng to the WORK be demtroved without CITY consultation. 21.3 All nouondo relating to SERVICE PGOV|OER's services under this Agreement must be made available to the Cib/, and the records nm|eUng to the WORK are City of Yakima records. They must be produced to third parUeo, if required pursuant 0othe Washington State Public Records Ao, Chapter 42.56 RCVV, or by |ovv. All records relating to SERVICE PROV|OER'o oan/inae under this Agreement must beretained bySERVICE PROVIDER for the minimum period oftime 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 SERVICE PROVIDER agrees toperform all WORK under and pursuant to this Agreement infull compliance with any and all applicable laws, rules, and regulations adopted orpromulgated 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. SERVICE PROVIDER shall procure and have all opp|ioob|m and necessary pennibo. |inenmww and approvals of any fmdw,a|, eta1m. and local poue10 government orgovernmental authority or this project, pay all charges and fees, and give all notices necessary and incidental 1mthe due and lawful execution ofthe work. 22.2 SERVICE PROVIDER shall procure and have all applicable and necessary permits,|icenses and approvals of any Nadero, state. and local government or governmental authority or this project, pay all charges and fees, and gk/m all notices necessary and incidental hothe due and lawful execution nfits work. m. Procurement of o City Business License. SERVICE PROVIDER must procure m City of Yakima Business License and pay all charges, fees, and taxes associated with said license. b' SERVICE PROVIDER must provide proof of m valid Washington department of Revenue state excise tax registration number, omrequired inTitle 86RCVV. c. SERVICE PROVIDER must provide proof of a valid Washington Unified Business Identification (UB|)number. SERVICE PROVIDER must have acurrent U8|number and not be d|oqwo|ifimd from bidding on any public works contract under RCVV 30.06.101 or 36.12.065(3). d' SERVICE PROVIDER must provide proof of a valid Washington Employment Security Department number aerequired byTitle 50RCVV. e. Foreign (Non -Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the City. County or State poor to submitting o pvmpooa|, 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 expenwm, without regard b/whether such corporation |aactually awarded the contract, and in the event that the award iomade, poor boconducting any business inthe City. SECTION 23 MISCELLANEOUS PROVISIONS 23.1 8evarabUity. 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. 23.2 Agreement documents. This Agreement, the Request for Qualifications & Proposals No. N/A, titled N/A Scope of Work, conditions, addenda, and modifications and SERVICE PROVIDER's proposal (to the extent consistent with Yakima City documents) constitute the Agreement Documents and are complementary. Specific Federal and State laws and the benno 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. 2"u St., Yokimm, VVA, B88O1.and are hereby incorporated byreference into this Agreement. 23.3 Notice of change in financial condition. If, during this Agreement, the SERVICE PROVIDER experiences ochange inits financial condition that may affect its ability to perform under the Agreement, or experiences m change of ownership or control, the SERVICE PROVIDER shall immediately notify the Qh/ 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. 23.4 Noconflicts ofinterest SERVICE PROVIDER represents that itorits employees dnnot have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner ordegree with the performance of this Agreement. SERVICE PROVIDER further covenants that it will not hire anyone or any entity having such o conflict ofinterest during the performance ofthis Agreement. 23.5 Promotional advertising prohibited. Reference to or use of the City, any of its departments, agencies or other subunits, or any official oremployee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approvalcfthe City. Re|moem of broadcast omai|a pertaining to this procurement shall not be made without phor written authorization ofthe City. 23.6 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. 23.7 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. 23.8 Force Majeure. SERVICE PROVIDER 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 SERVICE PROVIDER; provided SERVICE PROVIDER 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. 23.9 Authority, The person executing this Agreement on behalf of SERVICE PROVIDER represents and warrants that they have been fully authorized by SERVICE PROVIDER to execute this Agreement on its behalf and to legally bind SERVICE PROVIDER to all terms, performances, and provisions of this Agreement. 23.10 Survival, The foregoing sections of this Agreement, inclusive, shall survive the expiration or termination of this Agreement, in accordance with their terms. 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. Printed Name: ' Title: City Manager CITY CONTRACT NO; 2oz.5- I 13 RESOLUTION NO; NIA Date: Attest List of Exhibits attached to this contract Exhibit A — PROJECT SCOPE OF SERVICES Exhibit B — FEE PROPOSAL DBI Consulting. Signature nted Name. pLj Title President & L.L Page 14 STATE OF WASHINGTON COUNTY OF YAKIMA ss. ) I certify that I know or have satisfactory evidence that Vicki 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 111U I rsio�� Rp9/,,/ ©4 TNR Y es;. NO. 107265 BOG 412©' ©F WASM 7 My commission expires: Page 15 I certify that I know or have satisfactory evidence that appeared before me, and said person acknowledged x hnshe was author' execute p,_ uses a Dated; Seal or Stamp urposes me Ter 2. n the instrument, Tate Prm ed My cr Pne 16 be t ptres. on Oath stated d it as the olurl ar of such partey EXHIBIT A Project Scope of Services: Laser Scanning: 1. Perform As -Built 3D Laser Scan of complete buildings on properties located at 19 South 3rd. Street and 14 S 4th Street Yakima, Washington 98902. 2. All accessible Exterior and Interior of the Building. 3. Interstitial space above dome accessible by catwalk 4. Interstitial space below balcony structure — we will work with the city and capitol theater staff to create accessible space/openings to scan the above ceiling space. Scan to BIM: 1. Create Revit model for the capitol theater portion of the building. Not in this scope: Revit model for the 4th street (black box) side of the building 2. Revit model to include all Architectural, Structural components of Capitol theater at LOD 300 and MEP components at LOD 200. 3. Model to be delivered in RVT 2024 format. 4. Floor Flatness Report for the capitol theater. Report containing colorized heatmap displaying the deviations of a floor surface captured by the 3D laser scanner. The comparison shows deviations (both positive and negative). Not in this scope: FFL report for the 4th street (black box side of the building b. Not in this scope: Dimensioned set of as-builts plans, sections, elevations. CAP ITOETHEATRE (E) SECTION ROBERIKti ROOM DELIVERABLES Deliverable Name Project Kick -Off Meeting Raw Point Cloud Data Due 1 week after contract award 4 weeks after contract award Registered Point Clouds in .RCP Revit Model (Arch, Str, MEP) — Capitol Theater Floor Flatness Report — Capitol Theater 1 week after scanning complete 4 weeks after scanning complete 1 week after model complete Page 17 EXHIBIT B Below is the fee proposal itemized by each phase: Lidar Scanning — Capitol Theater 12,150.00 2 Scan to BIM and FFL (A+S) — Capitol Theater $ 15, 675.00 3 Scan to BIM (MEP) — Capitol Theater 4 ' Lidar Scanning — 4th Street (Black Box) 5, 500.00 6,050 5 , Travel 7,000 Grand Total $ 46,375.00 Travel costs are included in our cost proposal above. Exclusions & Assumption: 1, We are not providing stamped land surveys or architectural drawings. 2. Normal Works Hours 7am to 5:30 pm, 60 hours per week. 3. We can only scan areas that we have access to. 4. Exterior is included in the above estimate. Crawlspaces is not included in the estimate. 5. No objects will be moved during scanning (if objects Le. furniture/equipment are blocking features these will not be picked up in the scan data. 6. Coordination with the city of Yakima in regard to an escort will be provided 7. For scanning above ceiling, no ceiling tiles are to be removed by team DBI. City to provide removal of any ceiling tiles, light fixtures or other ceiling equipment 8. Telescoping tripod maximum height is 14'. If scanning above 14' height, scissor lift will be required and is not included in our cost proposal. 9. To scan under balcony structure, safe access needs to be provided by the city, Team DBI will not be responsible for creating access or removing any lights/speakers/equipment. 10. Assuming we will have access to the buildings 9 hour straight. Our cost proposal identified estimated days based on 9 hour day access availability. 11. Assuming all scanning to be performed in duration when scanning team is mobilized. If any access is restricted, it will be coordinated with the city designated contract manager to provide it the next day or during off hours while the team is still mobilized. 12. In the event our team is unable to access certain areas due to client restrictions, and a return visit is required, an additional mobilization fee will be applied. The minimum cost for a return visit is $2,500 per day, plus travel and related expenses. 13. The estimate does not include attending any training required by the building, city or county. Any such training required to attend by our staff will incur extra cost and will be charged at an hourly rate of $75/hr. 14. Creating Dimensioned as -built drawings in Revit in conjunction with BIM model is not part of this cost 15. No 2D drawings will be extracted from the 3D model. 16. No modeling of non -visible elements hidden behind finishes or inside chases. 17. Movable furniture and equipment, site elements, landscaping, interior detailing, and decorative items are excluded from the modeling scope. Page 18