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HomeMy WebLinkAboutR-2025-164 Resolution authorizing Supplemental Agreement No. 4 to Task Order No. 2022-01 with HLA Engineering and Land Surveying, Inc. for the Water/Irrigation and Wastewater Divisions Low-Income and Unserved Utility Areas Project AC2570 and SC2605RESOLUTION NO. R-2025-164 A RESOLUTION authorizing the City Manager execute Supplemental Agreement No. 4 to Task Order No. 2022-01 entered into with HLA Engineering and Land Surveying, Inc. for the Water/Irrigation and Wastewater Divisions Low - Income and Unserved Utility Areas Project AC2570 and SC2605. WHEREAS, the City of Yakima maintains and operates water distribution and wastewater collection systems in accordance with applicable Federal, State and Local regulations; and WHEREAS, there are several areas in Yakima considered low income that are not served by water or wastewater; and WHEREAS, the City of Yakima entered into an agreement with HLA Engineering and Land Surveying, Inc. on August 17, 2022 for the Water/Irrigation and Wastewater Divisions Low -Income and Unserved Utility Areas, including Task Order 2022-01, as part of City Contract No. 2022-140 and Resolution R-2022-109; and WHEREAS, HLA Engineering and Land Surveying, Inc. has completed the design services associated with the Water/Irrigation and Wastewater Divisions Low -Income and Unserved Areas Project AC2570 and SC2605; and WHEREAS, the City of Yakima Water/Irrigation and Wastewater Divisions were selected by the United States Bureau of Reclamation to receive $4,949,298.00 as part of the WaterSMART Drought Response Program Drought Resiliency Projects for FY2024 to complete the construction of water and sewer infrastructure in unserved areas of Yakima; and WHEREAS, the HLA Engineering and Land Surveying, Inc. has provided Supplemental Agreement No. 4 to Task Order No. 2022-01 to provide required tasks associated with extending water and sewer connections into private property to connect to residents' households, including design engineering, bidding support, and construction services for the on -site physical water and sewer connections (Phase 2), connecting the dwelling units to the water and sewer stubs installed in the right-of-way as part of Phase 1., in an amount not to exceed $239,105; and WHEREAS, the City Council has determined that it is in the best interest of the City of Yakima to enter into Supplemental Agreement No. 4 to Task Order No. 2022-01 with HLA Engineering and Land Surveying, Inc., attached hereto and incorporated herein by this reference, to perform design engineering, bidding support, and construction services for the on -site physical water and sewer connections (Phase 2) now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute Supplemental Agreement No. 4 to Task Order No. 2022-01 with HLA Engineering and Land Surveying, Inc., in the amount of two hundred forty- three thousand, eight hundred three dollars ($243,803) to provide design engineering, bidding support, and construction services for the on -site physical water and sewer connections (Phase 2), which is attached hereto and by this reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 3rd day of November, 2025. ATTEST: barra, City Cle Patricia Byers, Nt yor Contract Supplemental Agreement Supplemental Agreement Number: 4 Organization and Address: HLA Engineering and Land Surveying, Inc. (HLA) 2803 River Road Yakima, WA 98902 Original Contract Number: 2022-140 Execution Date of Supplement: City Project Number: AC2570/SC2605 Completion Date of Supplement: December 31, 2026 Project Title: Water/Irrigation and Wastewater Divisions Low -Income and Unserved Utility Areas HLA Project No. 22133E Original Amount Payable: $558,200 Revised Amount Payable this Supplement: $1,582,322 (Increase of $243,803) Supplemental Agreement No. 4 The City of Yakima (CITY), Washington, desires to supplement Task Order No. 2022-01 entered into with HLA Engineering and Land Surveying, Inc. on August 17, 2022, by Resolution No. 2022-109. All provisions in the basic contract remain in effect except as expressly modified by this supplement. The changes to the Agreement are described as follows: Exhibit A: Scope of Services The attached Exhibit A - Scope of Services for additional tasks to be performed as part of this Supplemental Agreement includes assistance with Phase 2 Design Engineering, Bidding Support, and Construction Engineering. Exhibit B: Fee Breakdown Payment for this supplemental work, as shown on Exhibit B, is not to exceed $243,803, bringing the total amount of the Agreement to $1,582,322 (Original Task Order for $558,200, Supplement No. 1 for $0 increase, Supplement No. 2 for $682,019 increase, Supplement 3 for $98,300 increase, and Supplement 4 for $243,803 increase). The remaining balance from the Phase 1 design engineering phase (Task 2.0) is carried forward to the Phase 2 design engineering phase for the net increase of $243,803. Invoices will be split between the Water/Irrigation and Wastewater Divisions, 28% and 72%, respectively, consistent with historic and current project splits. A project expenditure breakdown is presented on the following page. 11fs021General‘Contracts & Task Ordersrrakima120221Water & Irrigation and Wastewater Collections1Supplement 412025-10-22 Task Order No. 2022-01 Supplement 4,docx Phase 1,0 Funding Source Recommendations and Applications Original $15,000 2.0 Design Engineering $207,700 3.0 Bidding and Construction Engineering 0 4,0 Additional Services NIA 5.0 Items To Be Furnished By the City 6,0 CDBG Environmental Compliance 7.0 BOR Environmental Compliance N/A $ SO .0 Cultural Resource Survey $0 Supplement No 1 Supplement No. 2 Supplement No. 3 Supplement No. 4 S0 S0. $0 $1,606 S0 $166,094 $0 N/A N/A N/A NIA Totals $16,606 $204,232 $166,094 N/A N/A N/A N/A $0 $1,837 $0 $18,545 9.0 Funding Administration '10,0 Public Outreach .11.0 Phase 2 Design Engineering $0 SO $4,489 $0 50 0 $27,524 S0 SO $0 $0 =12.0 Phase 2 Bidding Support $0 $0 $0 13.0 Phase 2 Construction Engineering 1,0 Funding Source Recommendations and Applications 2.0 Design Engineering .0 Bidding and Construction Engineering 4.0 Additional Services 5.0 Items To Be Furnished By the City 6.0 CDBG Environmental Compliance 7. BOR Environmental Compliance 8.0 Cultural Resource Survey 9.0 Funding Administration 10.0 Public Outreach 11.0 Phase 2 Design Engineering 12,0 Phase 2 Bidding Support -13.0 Phase 2 Construction Engineering Totals 50 $0 0 $0 $23,685 $0 $2,907 S0 $60,790 $15,000 $0 $0 $0 $3,092 N/A N/A $0 $1,837 $18,545 $4,489 27,524 $23,685 $2,907 S60,790 $18,092 20,500 50 50 SO (569,02) $250,998 0 N/A 0 $558,200 $0 5427,098: 80 SO $427,098 N/A N/A N/A N/A N/A N/A N/A N/A ! N/A N/A S0 $4,725I $0 $47,688 $0 SO $11,543 50 $0 S0 $0 $0 S0 $4,725 547,688 S11,543 $0 $0 j $70,776 $0 SO $0 50 $60,903 SO $682,019 0 57,474 $70.776 $60,903 $7,474 $156,316 $156,316 $243,803 $1,82,322 ltfs02\General\Contracts & Task Orders;Yakima120221Water & Irrigation and Wastewater Collections\Supplement 412025-10-22 Task Order No. 2022-01 Supplement 4.docx Exhibit C: Schedule of Rates Exhibit C shall be supplemented with the attached 2026 calendar year schedule of rates for the completion of the Agreement for Professional Services. The 2026 calendar year schedule of rates will be effective January 1, 2026, through December 31, 2026. If you concur with this supplement and agree to the changes as stated above, please sign the appropriate spaces below and return to this office for final action, By: 4'J'. Consultant Signature y: Date CITY CONTRACT NO: Z-0.2-'2 I u © Ut RESOLUTION NO: 9---7'07-5r i G:\Coniracls & Task OrderslYakima120221Waler & irrigation and Wastewater Collections\Supplement 4\2025-10-22 Task Order No, 2022-01 Supplement 4.doox EXHIBIT A Scope of Services Water/irrigation and Wastewater Division Low-income and@neen,ed Utility Areas The City ofYakima nC|TMhas received WaterSIVIART Drought Resilience funding from the Bureau of Reclamation (BC)R)for this PROJECT. The funding award included the design andoonstrucbon associated with extending water and sewer connections into private property hoconnect boresidents' households. The funding award also included the connection charge for new water and sewer services, well abandonment, and septic system decommissioning. This Supplemental Agreement Number 4 is for the design engineering, bidding support, and construction services for the on -site physical water and sewer connections (Phase 2), connecting the dwelling units to the water and sewer stubs installed in the right-of-way as part of Phase 1. Phase 2 design engineering will include design for 100% of water and sewer connections, as the public outreach to confirm properties desiring connections is still in process, and connection confirmations are yet to be determined. Phase 2 construction engineering includes only 75% of property water and sewer connections based on initial trends of public outreach responses. 111 Land Survey a. Request field locates from G11Call Before You Dig boconfirm existing utility horizontal locations. No excavations will occur by HLA to determine vertical locations. b. Conduct drone and topographic survey of the private properties within the PROJECT area bocomplete deoi0n.p|ano.ondopeo|fiooUPna. c. Review available plat maps, documents, and surveys to identify public right-of-way vvidthm, mmaemenhm, and other identified encumbrances. No title reports are anticipated to be ordered. If required, title reports will be ordered by HLA and paid for by the CITY. 11.2 Draft Plans, Specifications, and Estimate a. Perform field investigations necessary to design the identified improvements. b. Prepare and provide draft plans, specifications, and a cost estimate of the water and sewer connections into private property for review and comment by the CITY. o. Notify private utilities of pending improvements and advise of the PROJECT schedule. 11.3 Final Plans, and Estimate a. Attend a review meeting with the CITY to address and resolve Draft review comments. b. Perform quality assurance and quality control (QA/QC) review of all documents. o. Address CITY review comments and QA/QC comments, and prepare final plans, specifications, and estimate. d. Provide final plans and specifications bothe CITY in POFformat suitable for printing and use at the time of bid advertisement. It is anticipated that HLA will prepare one (1) complete set of plans and specifications for one bid call; additional bid packages will be billed amadditional services. m. Provide two (2) printed copies ofcontract documents tothe CITY. [ Prepare advertisement for bids. Coordinate with CITY onthe number and location of publications and submit the advertisement to the selected publication(s) on behalf of the CITY. All advertising fees are bobepaid bvthe CITY. oyCo"m*ctsuTask uIrrigation and Wastewater CollectionsXSupplement *nomu0-22Task Order No. umu-01Supplement *.dvcx 11.4 Following is the proposed sheet list: Plan Sheets Comment Cover Sheet Legend and General Notes Class 'A Signing Plans TESC Plans 1"=40' Scale Plan Sheets Details CITY, storm, sewer, water, irrigation, etc. 12.0 Phase 2 Bidding Support 12.1 Post bid documents to the HLA website and notify the CITY, funding agency, approving authority(ies), utility companies, and plan centers of the PROJECT posting. 12.2 Create and maintain a planholder list and post to the HLA website. 12.3 Answer questions and/or supply information as requested by prospective bidders. 12.4 Prepare and issue addenda to contract documents, if necessary. 12.5 Participate in the bid opening, evaluate bids, prepare bid tabulation, and make a recommendation for award. 13.0 Phase 2 Construction Engineering 13.1 PROJECT Management, Invoicing, and Controls a. Perform management of overall PROJECT delivery and PROJECT controls. b. Provide monthly status reports and invoices for the work performed. c. Prepare and maintain the PROJECT schedule in conjunction with funding requirements and timelines, to be updated monthly or as otherwise requested by the CITY. d. Maintain PROJECT files for CITY review. e. Consult and advise the CITY during construction and perform a final review and report on the completed work with representatives of the CITY. 13.2 Staking a. Furnish a field survey crew to provide geometric control, including construction staking (as needed). 13.3 Construction Observation a. Furnish a resident engineer (inspector) to be on site and provide surveillance of construction for compliance with plans and specifications for the duration of construction, based on 60-hour work weeks, and seventy (70) contract working days. If the Contractor is authorized by the CITY to work extra hours or extend contract time, then a supplement will be executed by the CITY to compensate for additional work required by HLA. b. Prepare daily progress reports for the PROJECT. c. Monitor compliance with environmental requirements. d. Interpret plans and specifications when necessary. e. Coordinate and attend construction meetings, anticipated once per week during the duration of construction. f. Review acceptance sampling and testing for construction materials. g. Perform measurement and computation of pay items. h. Review Contractor's submission of contract and materials submittals, samples, and shop drawings. Provide field verification of materials incorporated into the PROJECT, where applicable. G:1Contracts & Task OrdersWakima120221Water & Irrigation and Wastewater CollectionslSupplement 412025-10-22 Task Order No. 2022-01 Supplement 4.docx 13.4 Construction Administration a. Following Council award authorization, prepare notice ofaward to the Contractor, assemble construction contract documents, and coordinate contract execution with the CITY and Contractor. b. Review the Contractor's submission oftheir certificate ofinsurance and contract bond. C. Prepare and transmit notice bzproceed to Contractor.d. Coordinate and facilitate pnononstruotion meeting with the CITY, Contusctor, private utilities, and affected agencies, including preconstruction agenda and meeting record. e. Receive and maintain PROJECT communications from the Contractor during construction and compile PROJECT documentation. [ Maintain aRecord ofMaterials (R[)yN)for the duration ofthe PROJECT. Q. Respond to Contractor requests for information (RF|). h. Prepare and distribute weekly statements ofworking days. i Prepare and provide monthly progress estimates and recommend Contractor progress payments *zthe CITY. ' Monitor the Contractor's compliance with abeha labor standards. h. Assist the CITY with funding reimbursement information and supporting documentation. 13.5 PROJECT Closeout a- Prepare and furnish record drawings and field notes ofcompleted work in accordance with PROJECT field records. b. Conduct final wm|kthrough inspection with the Contractor and CITY. Prepare and transmit the punnh|iethmthe Contractor. o. Monitor lien releases from state agencies. d. Notify CITY when rotoinoQmmay be released. e. Coordinate and administer PROJECT completion debrief meeting with C|TY. HLA, and the Contractor. f. Prepare and submit the recommendation ofPROJECT acceptance. g. Prepare and submit Notice ofCompletion ofPublic Works Contnact(NOC). Y. Assumed /OO96oy properties (Q4)within PROJECT limits will receive mwater and sewer service design. 2. Assumed 75%mfproperty owners (71)within PROJECT limits will physically connect bowater and sewer services. 3. The Contractor is responsible for obtaining any permitting needed to decommission septic systems and cap discharge points onwells and /salso responsible for completingthis work. This will bespecified in the construction contract documents. TIME OF PERFORMANCE 11.0 Phase 2 Dwwiqn Enqinwering Work described in Item 11.0 Phase 2 Design Engineering within the Scope of Services above shall begin upon execution ofthis Supplement and becompleted within eighty (8U)wmrkingdoyo. 12.0 Phase Biddinq Support Work described in Item 12.0 Phase 2 Bidding Support within the Scope of Services above shall begin upon completion ofPhase 2Design Enoineern8andbenonmoletedvvdhinthidy(3O)wodkinQdoym. 13'0 Phase 2 Construction Enq|neerinq Work described in Item 13.0 Phase 2 Construction Engineering within the Scope of Services above shall begin upon completion of Phase 2 Bidding Support and be completed within seventy (70) working days. oAConmactvuTask & Ininativ and Wastewater Collections6upplement *a025-10-2Task Order No. 2022-0avppmmam*.dmcx EXHIBIT B Fee Breakdown The following attached spreadsheet shows the estimated time and expenses to perform said services. The maximum amount of compensation to the ENGINEER shall not exceed the amount indicated, but the ENGINEER reserves the right to move fees and hours between tasks as necessary to complete the PROJECT. SAContracts & Task OrderskYakimak2022NWater & Irrigation and Wastewater CollectionskSupplement 412025-10-22 Task Order No. 2022-01 Supplement 4.docx EXHIBIT B ENGINEER'S HOURLY ESTIMATE SUPPLEMENT 4 Water/irrigation and Wastewater Divisions Low-income and Unserved Utility Areas HLA Protect 22133E Rate Used $274 5245 5245 $245 $221 5202 $202 $166 $166 5180 $1.60 5149 5166 11,0 Phase 2 Design Engineering 8 12 8 12 4 280 0 4 4 12 40 10 16 410 11 1 Land Survey 0 0 4 0 0 120 0 0 0 0 40 0 0 164 11.2 Preliminary Plans, Specifications, and Estimate 4 8 0 8 0 t00 0 0 0 8 0 8 E 144 11,3 Final Plans. Specifications, and Estimate 4 4 4 4 4 00 0 4 4 4 0 2 0 102 12.0 Phase 2 Bidding Support 2 12,1 Post bid documents 0 12.2 Create and maintain pranbolder list 0 12.3 Address questions from prospective bidders 0 12.4 Prepare addenda 2 12,5 Participate in bid opening and award process 0 13.0 Phase 2 Construction Engineering 4 13.1 Project Management 2 13.2 staking 0 13.3 Construction Observation 0 13,4 Construction Adminislration 0 13.5 Project Closeout 2 T8ek T0ta1H011re Task Total Room F1.. 4 2 24 4 44 83 410,780 $1,960 O 6 O 0 O 0 6 2 O 2 O 2 O 20 O 0 O 0 O 0 0 8 O 4 0 10 0 18 0 0 0 2 0 0 0 4 0 4 0 0 0 4 L 4 0 2 0 3 0 36 6 6 10 58 90 690 16 0 0 0 0 0 16 0 840 16 70 40 10 20 10 0 $29.176 520,714 Vehicle Mileage 200 Miles g 5 0 70 5140 Printing 100 $100 nerelas 2000 52,000 4% Asatu01 Es5.6I0lorr for one l t) 4"ear.)[Applicable $633 11,0 Phase 2 Design Engineering Total $84,588 O 0 6 50 69,982 0 0 2 4 $664 O 0 2 6 $966 0 0 0 10 52.278 O 0 2 16 53,332 O 0 0 14 $2,712 70 0 70 0 0 0 406 Aranual Escalation for One p p) Year ll Apptsobic 5399 23 12.0 Phase 2 Bidding Support Total 0 1215 0 42 0 70 0 072 0 160 0 71 Vehicle lalleage 800 Mlles 7 $ 0,70 $10,381 ,28 5145,480 628.624 513,551 5560 4;fi Annual Escalation for One (11 Year, ifAppticabin 58.375 13,0 Phase 2 Construction Engineering Total $217.106 416 TOTAL 0 share (7Z% 5224, 2 7 EXHIBIT C SCHEDULE OF HOURLY RATES FOR Effective January 1,2026.through December 31,2026 Senior Principal Engineer $285.00 Licensed Principal Engineer $255.00 Licensed Principal Land Surveyor $255.08 Director ofEngineering, Construction, Other $255.00 Licensed Professional Engineer $230.00 Other Licensed Professional $230.00 Project Engineer 11 $211.00 Supervisor ofConstruction, Planning, Other $211.00 Licensed Professional Land Surveyor $211.00 Planner ||| $193.00 Project Engineer 1 $189.00 CAD|| $188.00 Adnninimtodive||| $172.00 Contract Administrator ||| $172.00 Resident Engineer || $172.00 Planner || $169.00 CAD $164.00 Surveyor || $187.00 Engineering Technician ||| $155.00 Planner $155.00 Resident Engineer | $155.00 Surveyor $147.00 Surveyor onTwo-Man Grew $147.00 Administrative || $145.00 Contract Administrator || $145.00 Engineering Technician || $146.00 Surveyor onThree-Man Crew $133.00 Administrative | $112.00 Contract Administrator | $112.00 Engineering Technician | $112.00 Survey Scanner $156.00 Vehicle Mileage Federal Rabe Schedule of Rates may be adjusted during the term of this Agreement to the HLA Standard Hourly Rates in effect at the time. aIovmmmvuTask OrderskYak1maQ0221Water & Irrigation and Wastewater *no25-10-oTask Order No. e02o-01Supplement 4.docx ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.D. For Meeting of: November 3, 2025 Resolution authorizing Supplemental Agreement No. 4 to Task Order No. 2022-01 with HLA Engineering and Land Surveying, Inc. for the Water/Irrigation and Wastewater Divisions Low -Income and Unserved Utility Areas Project AC2570 and SC2605 (Water and Wastewater Capital, Grant Funded) Scott Schafer, Public Works Director Mike Price, Wastewater and Stormwater Manager * Mike Shane, Water/Irrigation. Manager City of Yakima has a project that provides funding to connect low-income and unserved areas with city utilities. The city received additional funding for the project from Bureau of Reclamation. The city contracts with HLA Engineering to provide design, bidding and construction management assistance for this project. Task Order 4 provides additional funding, through the Bureau of Reclamation funds, for HLA to perform this work. Further details below. On August 17, 2022, the City entered into a Professional Services Agreement with HLA Engineering and Land Surveying, Inc. for the Waterllrrigation and Wastewater Divisions Low -Income and Unserved Utility Areas project (City Contract No. 2022-140 and Resolution R-2022-10), which included Task Order 2022- 01 for the design services for water and wastewater collection systems in the North East and South Central area of the City, as well as funding source recommendations and application assistance to provide possible funding for construction of the designed project. On May 6, 2024, the City of Yakima Water/Irrigation and Wastewater Divisions were notified of the selection by the United States Bureau of Reclamation (BOR) to receive $4,949,298.00 as part of the WaterSMART Drought Response Program Drought Resiliency Projects for FY2024 to complete the construction of water and sewer infrastructure in unserved areas of Yakima. Proposed Supplemental Agreement No. 4 to Task Order No. 2022-01 provides for tasks associated with extending water and sewer connections into private property to connect to residents' households, including design engineering, bidding support, and construction services for the on -site physical water and sewer connections (Phase 2), connecting the dwelling units to the water and sewer stubs installed in the right-of-way as part of Phase 1. Funding for Supplemental Agreement No. 4 will come through reimbursements from the BOR grant. Supplemental Agreement No. 4 between City of Yakima (City Contract No. 2022-140, Resolution R- 2022-109, Task Order No. 2022-01) and HLA Engineering and Land Surveying, Inc., in an amount not to exceed $239,105, is attached for City Council review, ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution_HLA - Unserved Area Supplemental Agreement No. 4 22133 Water-Irr and WW - Low -Income and Unserved Supp No.. 4_HLA Signed.pdf AGREEMENT TO DISCONNECT AND/OR DECOMMISSION CURRENT WELL AND/OR SEPTIC SYSTEMS, CONNECT TO CITY OF YAKIMA PUBLIC WATER AND WASTEWATER SYSTEMS AND TEMPORARY CONSTRUCTION EASEMENT GRANTOR: LILIANA MENDOZA GRANTEE: CITY OF YAKIMA, a municipal corporation LEGAL DESCRIPTION: Lot 5, Block 5, MOYERS ADDTION TO NORTH YAKIMA ASSESSOR'S TAX NO.: 191307-33482 AGREEMENT TO DISCONNECT AND/OR DECOMMISSION CURRENT WELL AND/OR SEPTIC SYSTEMS AND CONNECT TO CITY OF YAKIMA PUBLIC WATER AND WASTEWATER SYSTEMS This Agreement is entered into between LILIANA MENDOZA, the owner of the property generally known as 408 E. Q Street, Yakima, Washington ("OWNER"), and the CITY OF YAKIMA, a municipal corporation ("CITY"), the consideration for which is agreed upon by the parties. The CITY received funds to connect households to public water and wastewater systems in the area in which OWNER owns property. These funds require that the CITY enter OWNER'S property, disconnect OWNER's private well from the house, decommission OWNER'S private well (unless retained for landscape irrigation), disconnect OWNER'S connection to their on -site sewer system, and connect the property to the public water and wastewater systems. Therefore, the OWNER and CITY Agree as follows: 1. OWNER, as listed above, is/are the only owner/owners of the property listed herein. There are no other persons or entities with an ownership interest in the property. 2. OWNER agrees and consents to CITY, or its agents, conducting the following activities on OWNER'S property: vfc Disconnect OWNER'S private well from the house and/or other buildings on the property. Disconnect OWNER'S private well from any irrigation facilities on the property. k \t'` Decommission OWNER'S private well. _ck_ _k_ Disconnect all connections on the property to the property's on - site septic system. Decommission the property's on -site septic system. Connect the property to public water and wastewater systems. 3. CITY, or CITY'S agents, shall conduct all work requested in Section 1 at no charge to OWNER. 4. If OWNER is not currently residing on the property, OWNER shall provide notice to all persons residing or having a right to reside on, or utilize, the property that CITY has legal authority to enter the property for purposes of carrying out this Agreement. OWNER shall ensure that the property is free from all encumbrances and the CITY, and its agents, are not impeded by tenants or others on the property. 5. OWNER agrees that once connection is complete that OWNER will not reconnect their property to any private well or private on -site sewer system, except in cases where a private well may be used for irrigation purposes only. 6. OWNER agrees to the following Temporary Construction Easement to allow CITY, or CITY'S agents, onto OWNER'S property to disconnect and/or decommission OWNER'S private well and/or on -site sewer system, as well as to connect the property to public water and wastewater systems. TEMPORARY CONSTRUCTION EASEMENT OWNER hereby conveys and grants to CITY, a temporary, non-exclusive easement ("Easement') for ingress and egress and construction purposes, over, under, in, along, across and upon the property generally described as follows: Lot 5, Block 5, MOYERS ADDTION TO NORTH YAKIMA, NOW YAKIMA, according to the official plat thereof, recorded in Volume "B" of Plats, Page 73, records of Yakima County, Washington. This is collectively referred to as the Easement herein. This Easement is granted pursuant to the following terms and conditions: A. The Easement is granted for access to the OWNER'S property for the purposes mentioned in this Agreement, including, but not limited to access to the existing septic/sewer and/or private domestic water facilities by the CITY, its contractors, consultants, subcontractors, subconsultants, materialmen, suppliers, workers, employees, agents and assigns and access to the property to construct and connect water and sewer facilities to connect to the CITY's public system.. Access is necessary for construction activities including, but not limited to, excavation (including heavy machinery for such excavation), installation of OWNER'S new side sewer and water service, connection of OWNER'S new sewer and water service to the CITY system, piping, and other construction activities including connections to the OWNER's existing sewer and water services, abandonment, decommissioning and/or disconnection of existing septic facilities and domestic well. B. Further, the Easement is granted to allow access to the OWNER'S property and septic/sewer and private domestic water facilities by the City and/or its contractors, consultants, subcontractors and subconsultants, to review locations of existing facilities for design purposes, store material, including, but not limited to, dirt, fill and construction materials, during the time of the Easement. C. The term of this easement shall be thru December 31, 2026. CITY may extend this Easement for up to one additional 90 day period by giving written notice to the OWNER no more than fourteen (14) days prior to the end of the original term. D. Upon the termination or expiration of the Easement, all of the rights and benefits of CITY in, to and under this Easement shall automatically terminate and be of no further force and effect. OWNER shall retain ownership of all private sewer and domestic water facilities installed by the CITY, or CITY'S agents, as part of the project and shall assume maintenance and repairs of said facilities. E. OWNER may use the easement area under this Easement during the temporary period as long as it does not interfere with the rights conveyed by this Easement, provided, however, that OWNER shall not erect or maintain any buildings, fences, structures or improvements which may cause damage to or interfere with the use of the Easement during the temporary period. OWNER shall ensure that its tenants, or any other users of the property, do not interfere with the use of the Easement or the work being done by the CITY under this Agreement during the term of this Easement. F. This Easement shall allow the CITY, its contractors, consultants, subcontractors, subconsultants, materialmen, suppliers, workers, employees, agents and assigns thereof to use the Easement property during the term of the Easement. The CITY shall use the Easement solely for the purposes described herein. G. The Easement property will generally be restored to a condition substantially the same as on the date this Easement is entered into, with the following agreements regarding restoration: Not Applicable H. The parties to this Easement agree that the rights conferred herein are intended to, and do, constitute covenants that run with the land and shall inure to the benefit of, and be binding on, the parties and their respective grantees, heirs, successors and assigns during its term. Nothing in this Easement is intended to, nor shall be construed to give any rights or benefits to anyone other than the OWNER and the CITY (and its agents), and all duties and responsibilities undertaken pursuant to his Easement will be for the sole and exclusive benefit of the OWNER and the CITY and not for the benefit of any other party. J This Easement constitutes the entire agreement between the OWNER and the CITY. There are no other oral or written agreements between the parties as to the subjects covered herein. No changes or additions to this Easement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. K. This Easement shall not be recorded, but shall nevertheless become effective upon full execution by all parties and delivery of the same. IN WITNESS of this, the undersigned have executed this Easement as of this day of t , 202 6. GRANTOR: GRANTEE: OWN 1= : CITY OF ,,A A (CITY) LIANA v'lE OZA "'ICT©RIA BAKER, ' ity Manager STATE OF WASHINGTON County of Yakima On this / 1 ` day of iJc v` 'het R SALIN©A IBARRA, City Clerk CITY CONTRACT NO: 201- -2.©a RESCLUTI©N NO: 9--Z01-S 104 ) ss. ) �- - , 202 S , I certify that I know or have satisfactory evidence that l-,, l ..rt&. i^' L v o is/are the person/persons who appeared before me, that they are the only Owners of the property subject to this Agreement; and they acknowledged that they signed this instrument, on oath stated it to be each of their free and voluntary act for the uses and purposes mentioned in this instrument. STATE OF WASHINGTON County of Yakima ) ) ss. N©T;Y PUBLIC in and for theState of Washington, residing at:r. My Commission Expires: 2O2e5 On this S day of t , 2 I certify that I know or have satisfactory evidence that VICTORIA BAKER, City Manager, and ROSALINDA IBARRA, City Clerk, are officers of the City of Yakima, and acknowledged that they are authorized to execute the foregoing instrument for and on behalf of the Grantee, City of Yakima, and said persons acknowledged that they signed this instrument and acknowledged it on behalf of the City of Yakima for the uses and purposes mentioned in the instrument. NOTARY BLIC in and f Washington, residing a My commission expires: