HomeMy WebLinkAboutR-2026-129 agmt with Fuller Designs_civil eng plans_fair ave multimodal improvementsA RESOLUTION
RESOLUTION NO. R-2026-129
authorizing a Professional Services Agreement with Fuller Designs Inc. to
prepare civil engineering plans and specifications for the Fair Avenue
Multimodal Improvements, E. Nob Hill Blvd. to Pacific Avenue, City Project
No. 2903.
WHEREAS, the City of Yakima Engineering Division requires professional civil
engineering services for the Fair Avenue Multimodal Improvements Project 2903; and
WHEREAS, Fuller Designs Inc has been selected to provide the preparation of plans,
specifications and estimates for the construction of new sidewalk on the west side of Fair
Avenue between Nob Hill and Pacific Avenue providing for driveway approaches and meeting
all ADA and other state and federal requirements, determining right of way needs and preparing
right of way maps for the Project; and
WHEREAS, the Project may be supplemented to provide construction administration; and
WHEREAS, the project is funded with Washington Transportation Improvement Board
(TIB) and City Transportation Benefit District (TBD) funds; and.
WHEREAS, the City of Yakima Engineering Division has complied with the provisions of
RCW 39.80 and has followed the City's "Policy and Procedure for Contracting for Architects and
Engineers" manual for consultant selection; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of
the City and its residents to enter into the contract to provide professional services and civil
engineering services; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the attached contract with Fuller
Designs Inc. and incorporated herein by this reference not to exceed One Hundred Fifty
Thousand Dollars ($149,440,00) to provide the Professional Services as described in the tasks
of the Agreement.
ADOPTED BY THE CITY COUNCIL this the 18th day of August, 2026.
ATTEST: ' � `��,, Matt Brown, Mayor
R•salinda Ibarra, CMC, City Clerk
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
FULLER DESIGNS, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this _25 day of June , 2026,
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 Fuller Designs Inc. with
its principal office at 1111 Kresky Avenue, Ste 100 Centralia, WA 98531, (hereinafter referred to as
"ENGINEER"); said corporation being licensed and registered to do business in the State of Washington,
and will provide Fair Avenue Multimodal Improvements under this Agreement on behalf of the City of
Yakima's Projects, herein referred to as the "PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and
construction of the PROJECT, as described in this Agreement and subsequent Amendments thereto; and
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with
knowledge and experience necessary to satisfactorily accomplish the work within the required time and that
it has no conflicts of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and ENGINEER agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in
writing by both parties, duties of ENGINEER shall not be construed to exceed those
services specifically set forth herein.
2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign,
Aaron Fuller, 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 Fair Ave
Multimodal Improvements Proposal (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
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and/or completiontime adjustment pursuant hothis 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 Gmmicmm shall be negotiated by the
CITY and the ENGINEER according bthe provisions set forth in Exhibit B,attached hereto
and incorporated herein by this reference, and if so authodzed, shall be considered part of
the PROJECT WORK. The ENGINEER shall not perform any Additional Services until mo
authorized byCITY and agreed bnbvthe ENGINEER inwriting.
23 The ENGINEER must assert any claim for adjustment in writing within thirty (3Odays from the date
of thoENG|NEEF's receipt of the written notification of change.
SECTION 3 TERM
3.1 The term ofthis AGREEMENT shall be December 31,2027.
SECTION C|TY'S RESPONSIBILITIES
4.1 CITY -FURNISHED DATA: The CITY will provide tothe ENGINEER all technical data inthe C|TY'S
possession relating to the ENGINEER'S services onthe PROJECT including information on any
pre-existing conditions known to the CITY that constitute hazardous waste contamination on the
PROJECT site as determined by an authorized regulatory agency.
4.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably
accessible to ENGINEER as required for ENGINEER'S performance of its services and will provide
labor and safety equipment as reasonably required by ENGINEER for such access.
4.3 TIMELY REVIEW: The CITY will examine the ENGINEER'S studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor,
a000unbant, auditor, bond and financial odvimons, and other consultants as CITY deems
appropriate; and render in vxhUng decisions required of CITY in a Urno|y manner. Such
examinations and deoie|onm, however, mhoU not relieve the ENGINEER of any contractual
obligations nor of its duty to render professional services meeting the standards of care applicable
toits profession.
4.4 CITY shall appoint a C[TY'G Representative with respect bzWORK bobo performed under this
Agreement. CITY'S Representative shall have complete authority to transmit instructions and
receive information. ENGINEER shall baentitled boreasonably rely onsuch instructions made bv
theC|TY'S Representative unless otherwise directed in writing bvthe CITY, but ENGINEER shall
be responsible for bringing to the attention of the CITY'S Representative any instructions which the
ENGINEER believes are inodequoba, innonnp|eto, or inaccurate based upon the ENGINEER'S
knowledge.
4`5 Any documents, services, and reports provided bvthe CITY tothe ENGINEER are available solely
msadditional information tothe ENGINEER and will not relieve the ENGINEER ofits professional
duties and obligations under this Agreement or*d |axv The ENGINEER ehoU be mnUUad to
reasonably rely upon the accuracy and the completeness of such documents, services and reports,
but shall be responsible for exercising customary professional oope in using and reviewing such
documents, services, and reports and drawing conclusions from them.
SECTION 5 AUTHORIZATION,PROGRESS, AND COMPLETION
51 In signing this Agreement, CITY grants ENGINEER specific authorization to proceed with WORK
described in Exhibit A. The time for completion is defined in Exhibit A, or as amended.
SECTION 6 COMPENSATION
6.1 COMPENSATION OMALUMP SUM BASIS: For the services described inExhibit A
(Fair Ave MultimmdmUImprovements Proposal).compensation shall b$paid per lump sum fee,
according tothose tasks and amounts identified.
Page
6.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this
PROJECT shall not exceed $149,440.00. The ENGINEER shall make all reasonable efforts to
complete the WORK within the budget and will keep CITY informed of progress toward that end
so that the budget or WORK effort can be adjusted if found necessary. The ENGINEER is not
obligated to incur costs beyond the indicated budget, as may be adjusted, nor is the CITY
obligated to pay the ENGINEER beyond these limits. VVhen 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 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.
Page 3
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 acts, failures to act, errors
or omissions of the ENGINEER, or any of ENGINEER's agent(s) or subcontractor(s), in
performance of this Agreement, except for claims caused by the City's sole negligence.
b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the
ENGINEER waives any immunity that may be granted to it under the Washington State
industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification.
ENGINEER's indemnification shall not be limited in any way by any limitation on the amount of
damages, compensation or benefits payable to or by any third party under workers'
compensation acts, disability benefit acts or any other benefits acts or programs. ENGINEER
shall require that its subcontractors, and anyone directly or indirectly employed or hired by
ENGINEER, and anyone for whose acts ENGINEER may be liable in connection with its
performance of this Agreement, comply with the terms of this paragraph, waive any immunity
granted under Title 51 RCW, and assume all potential liability for actions brought by their
respective employees. The Parties acknowledge that they have mutually negotiated this
waiver.
c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the ENGINEER
and the City, the ENGINEER's liability, including the duty and cost to defend, shall be only to
the extent of the ENGINEER's negligence.
d. Nothing contained in this Section or this Agreement shall be construed to create a liability or a
right of indemnification in any third party.
e. The terms of this Section shall survive any expiration or termination of this Agreement.
7.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this Agreement shall not be limited in any way by any limitation
on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER
or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other
employee benefit acts. The ENGINEER specifically and expressly waives its immunity under the
Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the
ENGINEER and the CITY.
Page 4
7.6 It is understood that any resident engineering or inspection provided by ENGINEER is for the
purpose of determining compliance with the technical provisions of PROJECT specifications and
does not constitute any form of guarantee or insurance with respect to the performance of a
contractor. ENGINEER does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for contractors' compliance with laws
and regulations. CITY shall use its best efforts to ensure that the construction contract requires
that the contractor(s) indemnify and name CITY, the CITY's and the ENGINEER's officers,
principals, employees, agents, representatives, and engineers as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability.
7.7 ENGINEER shall be solely responsible for and shall pay all taxes, deductions, and assessments,
including but not limited to federal income tax, FICA, social security tax, assessments for
unemployment and industrial injury insurance, and other deductions from income which may be
required by law or assessed against either party as a result of this Agreement. In the event the
City is assessed a tax or assessment as a result of this Agreement, ENGINEER shall pay the same
before it becomes due.
7.8 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observation, exploration, and investigations
have been made. Because of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect total PROJECT cost and/or
execution. These conditions and cost/execution effects are not the responsibility of the
ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate standard
of professional care, thoroughness and judgment in performing such investigations.
SECTION 8 PROJECT SCHEDULE AND BUDGET
8.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component
tasks shall be as set forth in this Agreement and attached Exhibits. The project schedule and
performance dates for the individual tasks shall be mutually agreed to by the CITY and the
ENGINEER within fifteen (15) days after execution of this Agreement. The performance dates and
budgets for tasks may be modified only upon written agreement of the parties hereto. The
performance date for tasks and the completion date for the entire PROJECT shall not be extended,
nor the budget increased because of any unwarranted delays attributable to the ENGINEER, but
may be extended or increased by the CITY in the event of a delay caused by special services
requested by the CITY or because of unavoidable delay caused by any governmental action or
other conditions beyond the control of the ENGINEER which could not be reasonably anticipated
or avoided.
8.2 Not later than the tenth (10'h) 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.
Page 5
9.2 The ENGINEER agrees that any and all [lans, drawings, designs, specifications, computer
pnoQnamo, technical mspodo, operating nnanua|w, co|ou|ohonm, notos, and other WORK submitted
orwhich are specified b`bede|iveredunderthisAoraomentor*vhiohonodeVa|opedorpnoduood
and paid for under this Agreement, whether ornot complete, shall be owned by and vmabad in the
9.3 All rightsto patents, tnademarhm, copyhghts, and trade secrets owned by ENGINEER
"Intellectual Pomwell asany 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 orlicense bosuch Intellectual Property.
SECTION10 AUDIT AND ACCESS TO RECORDS
10i1 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, penonds, and documents during the
performance cfthe PROJECT WORK, ifdeemed necessary bythe CITY, hoverify the ENG|NEER's
WORK and invoices.
10.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
10.3 The ENGINEER mgraoa to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the ENGINEER is afforded the opportunity for an
audit exit conference and anopportunity bmcomment and submit any supporting documentation on
the pertinent portions of the draft audit report and thatthe final audit reportwill include ENGINEER's
written comments, ifany.
10.4 The ENGINEER shall ensure that the foregoing paragraphs are included ineach subcontract for
WORK on the Project.
10.5 Any charges wfthe ENGINEER paid bvthe CITY which are found bvanaudit to be inadequately
substantiated shall be reimbursed to the CITY.
SECTION11 INSURANCE
111
A1all times during performance ofthe WORK or obligations under this Agreement, ENGINEER
shall eaouns and maintain in effect insurance ho protect the CITY and the ENGINEER from and
against all claims, damages, losses, and expenses arising out of or resulting from the performance
ofthis Agreement. ENGINEER shall provide and maintain in force insurance in limits no less than
those stated bm|ow, as applicable. The CITY namammo the right to require higher limits should it
deem it necessary in the best interest of the public. If ENGINEER carries higher coverage limits
than the limits stated below, such higher limits shall be shown on the Certificate of Insurance and
Endorsements and City of Yakima shall be named as an additional insured for such higher limits.
ENGINEER shall provide oCertificate ofInsurance to the City as evidence of coverage for each of
the policies and outlined herein. A copy of the additional insured endorsement attached to the
policy shall beincluded with the certificate. This Certificate ofinsurance shall bmprovided b»the
City prior to connmanoannont of work. Failure to provide the City with proof ofinsurance and/or to
maintain such insurance outlined herein shall be a material breach of this agreement and abasis
for termination.
Failure by the City todemand 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
ENG|NEER'e insurance coverage ohed| be primary insurance with respect to those who are
Additional Insureds under this Agreement, and any insurance, self-insurance or insurance pool
coverage maintained by the City shall be in excess of the'ENGINEER's insurance and neither the
City nor its insurance providers eho|| contribute to any oett|ennents, defense coats, or other
payments made bv ENG|NEGR'sinsurance. All additional insured endorsements required bvthis
Section shall include onexplicit waiver ofsubrogation.
Commercial General 0abiU Before this Agreement is fully executed bv
the parties, ENGINEER shall provide the CITY with mcertificate ofinsurance omproof of
oonnmenja| |iobi|dx insurance and commercial umnbnoUo |iobi|dv insurance with a total
liability limit of the limits required in the po|ioy, subject to nnin|mnurn limits of Two Million
Dollars ($2.000.000.00) per occurrence combined min8|m limit bodily injury and property
damage, and Four Million Dollars ($4.000.000.00)gmnena| 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 ohoU be in effect for the
duration ofthis 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 orchange the insurance without first giving the CITY thirty (3O)calendar
days prior m/hMan notice. The insurance ohmU be with on insurance company or
companies rated A-VII or higher in Best's Guide and admitted in the State of Washington.
111.2. Commercial Automobile Liability Insurance.
a. If ENGINEER owns any vehicles, before this Agreement is fully executed by the
padiem. ENGINEER shall provide the CITY with o certificate of insurance as proof of
commercial automobile 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 Do||ony ($2.000.000.00) per occurrence combined single limit bodily injury
and property damage. Automobile liability will apply to"Any Auto" and bmshown qnthe
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
^Connnlwrcio| General Liability Insurance".
C. Under either situation described above |nSection 1O.12m.and Section 1Oj.2.b,
the required certificate of insurance shall clearly state who the provider is, the coverage
omount, the policy number, and when the policy and provisions provided one in
effect. Said policy shall beineffect for the duration ofthis Agreement. The policy shall
name the C:|7`Y, its elected and appointed offioia|e, offioans, ogenta, amnp|oymem, and
volunteers ooadditional insureds. The insured shall not cancel orchange the insurance
without first giving the CITY thirty (3O)calendar days prior written notice. The insurance
shall bewith aninsurance company orcompanies rated A-V||orhigher inBaot'aGuide
and admitted inthe State ofWashington.
11.1.3. Statutory workers' compensation and employer's liability insurance enrequired bvstate
11.1.4. Professional Liability Coverage. Before this Contract kafully executed by the parties,
ENGINEER shall provide the City with a certificate of insurance as proof of professional
|iobi|dx coverage with m total |iobi|dx limit of the limits required in the policy, subject to
minimum limits ofTwo Million Dollars ($2.ODO.O0O.00)per claim, and Four Million Dollars
($4.000.000.00) aggregate. The certificate shall clearly state who the provider is, the
coverage amount, the policy nummbmr, and when the policy and provisions provided are
in effect. Said policy shall beineffect for the duration ofthis Contract. The insured shall
not cancel orchange the insurance without first givingthe CITY thirty (3O)calendar days
prior written notice. The insurance oho|| be with on insurance company or companies
rated A-V|| or higher in Bmot'o Guide. If the policy is written on o claims made basis the
coverage will continue in force for an additional two years after the completion of this
contract.
Failure of either or all of the additional insureds to report a claim under such insurance shall not
prejudice the rights of the CITY, its elected and appointed officials, officers, employees, agents,
and representatives there under. The CITY and the CITY's elected and appointed officials, officers,
principals, employees, representatives, and agents shall have no obligation for payment of
premiums because of being named as additional insureds under such insurance. None of the
policies issued pursuant to the requirements contained herein shall be canceled, allowed to expire,
or changed in any manner that affects the rights of the CITY until thirty (30) days after written notice
to the CITY of such intended cancellation, expiration or change.
11.2 If at any time during the life of the Agreement, or any extension, ENGINEER fails to maintain the
required insurance in full force and effect, all work under the Agreement shall be discontinued
immediately. Any failure to maintain the required insurance may be sufficient cause for the City to
terminate the Agreement.
SECTION 12 SUBCONTRACTS
12.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract
any portion of the WORK to be performed under this Agreement. However, ENGINEER shall be
considered the Prime Contractor hereunder and shall be the sole point of contact with regard to all
contractual matters arising hereunder, including the performance of WORK and payment of any
and all charges resulting from contractual obligations.
12.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any
substitutions thereof, will be subject to prior approval by CITY, which approval shall not be
unreasonably withheld. Each subcontract shall be subject to review by the CITY's Representative,
if requested, prior to the subconsultant or subcontractor proceeding with the WORK. Such review
shall not constitute an approval as to the legal form or content of such subcontract. The ENGINEER
shall be responsible for the architectural and engineering performance, acts, and omissions of all
persons and firms performing subcontract WORK.
12.3 CITY does not anticipate ENGINEER subcontracting with any additional persons or firms for the
purpose of completing this Agreement.
12.4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK completed
by subconsultants and subcontractors during the preceding month and copies of all invoices
thereto.
12.5 If dissatisfied with the background, performance, and/or general methodologies of any
subcontractor, the City may request in writing that the subcontractor be removed. The ENGINEER
shall comply with this request at once and shall not employ the subcontractor for any further WORK
under this Agreement.
SECTION 13 ASSIGNMENT
13.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This
Agreement may not be assigned by CITY or ENGINEER without prior written consent of the other,
which consent will not be unreasonably withheld. The ENGINEER for itself and its heirs, executors,
administrators, successors and assigns, does hereby agree to the full performance of all of the
covenants herein contained upon the part of the ENGINEER. It is expressly intended and agreed
that no third party beneficiaries are created by this Agreement, and that the rights and remedies
provided herein shall inure only to the benefit of the parties to this Agreement.
SECTION 14 INTEGRATION
14.1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with respect
Page 8
to those matters covered herein. This Agreement may not be modified or altered except in writing
signed by both parties.
SECTION 15 JURISDICTION AND VENUE
15.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of this
Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void
insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and
effect. Venue for all disputes arising under this Agreement shall lie in a court of competent
jurisdiction in Yakima County, Washington.
SECTION 16 EQUAL EMPLOYMENT and NONDISCRIMINATION
16.1 During the performance of this Agreement, ENGINEER and ENGINEER's subconsultants and
subcontractors shall not discriminate in violation of any applicable federal, state and/or local law or
regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, 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 local law, including, 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 shall include but not be limited to the
following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, selection for training, and the provision
of services under this Agreement. ENGINEER agrees to comply with the applicable provisions of
State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations.
In the event of the ENGINEER's or ENGINEER'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 ENGINEER
may be declared ineligible for any future City contracts.
16.2 Pay transparency nondiscrimination. The ENGINEER will not discharge or in any other manner
discriminate against employees or applicants because they have inquired about, discussed, or
disclosed their own pay or the pay of another employee or applicant. However, employees who
have access to the compensation information of other employees or applicants as a part of their
essential job functions cannot disclose the pay of other employees or applicants to individuals who
do not otherwise have access to compensation information, unless the disclosure is (a) in response
to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or (c) consistent with the contractor's
legal duty to furnish information.
16.3 RCW 35.22.650: ENGINEER agrees that the ENGINEER shall actively solicit the employment of
minority group members. ENGINEER further agrees that the ENGINEER shall actively solicit bids
for the subcontracting of goods or services from qualified minority businesses. ENGINEER shall
furnish evidence of the ENGINEER'S compliance with these requirements of minority employment
and solicitation. ENGINEER 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
ENGINEER 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
Page 9
WORK. ENG|NEENmoysuopmnd.invvhUngbvnmdifiednlaU.aUoronodionofthaWORKunder
this Agreement if unforeseen circumstances beyond ENG|NEER's control one interfering with
normal progress cf the WORK. ENGINEER may suspend WORK onthe PROJECT |nthe 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) doym, 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 ocoondonoo with SECTION 18.
SECTION 18 TERMINATION OF WORK
18.1 Either party may terminate this Agreement, inwhole or|npart, 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 afhanbad unless the other party is given: /1\ not less than
fifteen /15\ calendar days written notice delivered by certified nmai|, return receipt nmquawbed, of
intent to terminate; and (2) an opportunity for consultation with the terminatingand for cure
within the 16-day notice period before termination. Notice ohoU be considered issued within
seventy-two (72) hours of mailing by certified mail to the place of business of either party as met
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, inwhole orinpart, providedUl ENGINEER iogiven: (1) not less than fifteen
(15) calendar days written notice delivered by certified mail, return receipt nequosbad, of intent to
terminate; and (2) an opportunity for consultation with CITY before the effective termination date.
18.3 If CITY terminates for default on the port of the ENGINEER, on adjustment in the contract price
pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated profit
onunperformed eenvioeoorotherVVORkC.and(2)mnypaynmentduabztheENG|NEERattheUnmm
of termination may be adjusted to the extent of any additional costs or damages CITY has incurred,
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 satisfactorily completed to date of hanninaUon,
whether that WORK is in o form orofa type which is usable and suitable to CITY at the date of
termination and the cost to CITY of completing the WORK itself or of employing another firm to
oomp|eteiL Under no circumstances shall payments made under this provision exceed the contract
phoe. In the event of default, the ENGINEER agrees to pay CITY for any and all damages, costs,
and expenses whether directly, indirectly, or consequentially caused by said default. This provision
shall not preclude CITY from filing claims and/or commencing litigation to secure compensation for
damages incurred beyond that covered by contract retainage or other withheld payments.
18.4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience,
the adjustment pursuant to the Agreement mhmU include payment for oen/|oeo eaUofaotohk,
performed to the dote of termination, in addition to termination settlement ooaba the ENGINEER
reasonably incurs relating tocommitments which had become firm before the termination, unless
CITY determines toassume said commitments.
10`5 Upon receipt of a termination notice under subsections 18.1 or 18.2 above, the ENGINEER shall
(1) promptly discontinue all services affected (unless the notice directs oth .mnd(2)de1iver
or otherwise make oxoi|ob|e to CITY all originals of data, dnawingm, specifications, cm|cu|atiomo,
n*ports, esUmnotem, mummnariem, and such other informoUon, doounnento, and mnohaha|s as the
ENGINEER or its subconsultants may have accumulated or prepared in performing this Agreement,
whether completed or in progress, with the ENGINEER retaining copies of the same.
18.6 Upon termination under any subparagraph above, CITY reserves the rightto prosecute the WORK
to completion utilizing other qualified firms or individuals; provided, the ENGINEER shall have no
responsibility to prosecute further WORK thereon.
18'7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined
that the ENGINEER has not so failed, the termination shall be deemed to have been effected for
the convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be
determined amset forth insubparagraph 18.4ofthis Section.
18.8 If, because of death, unavailability or any other onnurnancm, it beoonlaa impossible for any key
personnel employed by the ENGINEER inPROJECT WORK orfor any corporate officer of the
ENGINEER to render his services to the PROJECT. the ENGINEER shall not be relieved of its
obligations tocomplete performance under this Agreement without the concurrence and written
approval ofCITY. |fCITY agrees botermination cf this Agreement under this provision, payment
shall bemade omset forth insubparagraph 18.3ofthis Section.
SECTION 19 DISPUTE RESOLUTION
19.1 In the event that any dispute shall arise as to the interpretation or performance of this Agreement,
or in the event of a notice of default as to whether such default does constitute a breach of the
contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first
pursue mediation osameans bmresolve the dispute. |fneither ofthe afore mentioned methods are
successful then any dispute relating to this Agreement shall be decided in the courts of Yakima
Counhy. Washington in accordance with SECTION 15. If both parties consent in xvdUng, other
available means ofdispute resolution may beimplemented.
SECTION 20 NOTICE
201 Any notice required to be given under the terms of this Agreement shall bedirected to the party at
the address set forth below. Notice shall baconsidered issued and effective upon receipt thereof
by the oddreosem-party'orseventy-two (72)hours after mailing bycertified mail to the place of
business set forth below, whichever is earlier.
CITY: City o7Yakima
12902nd Street
Yakima, VVAS8B01
Attn: Robert VVamhsmaugh.PE, Engineer
ENGINEER: Aaron Fuller PE
I I I I Krmsky Ave She 100
Centralia, WA 90531
SECTION 21 INSPECTION AND PRODUCTION OF RECORDS
211 The records relating to the WORK ahal|, at all timnas, 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
Aoreament, notwithstanding the Cih/'o knowledge of defective or non -complying pedbrmonce, its
substantiality orthe ease ofits discovery. ENGINEER shall provide the City sufficient, safe, and
proper facilities, and/or send copies of the requested documents to the City. ENG|wEER'omeoondo
relating hothe WORK will beprovided tothe City upon the Citv'arequest.
21.2 ENGINEER shall promptly furnish the City with such information and records which are related to
the WORK ofthis Agreement oemay berequested bythe City. Until the expiration ofsix (8)years
after final payment ofthe compensation payable under this Agreement, orfor a longer period if
required by |oxx or by the Washington Secretary ofStahe'o record retention schmdu|e. ENGINEER
shall retain and provide the City access to (and the City shall have the right to examine, audit and
copy) all ofENG|NEER's bomkm, docunnmnts, papers and records which are rm|mhad b)the WORK
performed bvENGINEER under this Agreement. |fany litigation, claim, oraudit iastarted 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 convedinq ony pooer records to
electronic fomnoi and/or dembroyinq any nmcordo. ENGINEER mhmU contact C|TY's Records
Adnminietrator(5DS-575-GO37) to discuss n*banUmn. In noevent shall any record relating to the
WORK bmdewtnoyedwithout CITY consultation.
Pmgw11
21.3 All records relating bzENG|NEER\mservices under this Agreement must bemade available hmthe
City, and the records relating tothe WORK are City ofYakima records. They must beproduced ho
third parties, if required pursuant to the Washington State Public Records Act,Chapter 42.5ORCW,
orbvlaw. 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
Staba'srecords 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 bz perform all WORK under and pursuant to this Agreement in full compliance
with any and all applicable lawo, rules, and regulations adopted or promulgated by any
governmental agency or regulatory body, whether federal, state. |000|, or cthanmioe, including
policies adopted by the Cdn. as those |ows, ondinanoea, nu|ao, nagu|aUonm, and policies now exist
or may hereafter be amended or enacted. ENGINEER aheU procure and have all applicable and
necessary pomnitm. licenses and approvals of any fmdenm|, obaba' and |000| government or
governmental authority orthis project, paymUcMoVHeoondfmew'endgiveo||noticesnmoemsarymnd
incidental bmthe due and lawful execution mfthe work.
22.2 ENGINEER shall procure and have all applicable and necessary permits, licenses and approvals
of any federal, state, and local government or governmental authority or this project, pay all charges
and fees, and give all notices necessary and incidental to the due and lawful execution of its work.
a. Procurement ofoCity Business License. ENGINEER must procure aCity ofYakima Business
License and pay all charges, fees, and taxes associated with said license.
b. ENGINEER must provide proof of a valid Washington department of Revenue state excise tax
registration nunmbar, as required in Title 85 RCW.
c. ENGINEER must provide proof ofo valid Washington Unified Business Identification (UB|)
number. ENGINEER must have a ounentUB| number and not bedisqualified from bidding
on any public works contract under RCVV39.OG.1O1 or36.12.O65(3).
d. ENGINEER must provide proof of a valid Washington Employment Security Department
number awrequired bvTitle 60RCVK
e. Foreiqn(Non-VVaahinqton)Corporations: Although the City does not require foreign corporate
proposers bzqualify inthe City, County orState prior bmsubmitting aproposal, itiaspecifically
understood and agreed that any such corporation will promptly take all necessary measures to
become authorized hoconduct business inthe City ofYakima, attheir own expense, without
regard towhether such corporation is actually awarded the oontnact, and in the event that the
avvond is mnadm, prior toconducting any business in the City.
SECTION 23 MISCELLANEOUS PROVISIONS
231 Gaverabi|itv. |fany term orcondition of this Agreement orthe application thereof boany porsm(s)
or circumstances is held inveid, such invalidity shall not affect other hornlo, conditions or
applications which can be given effect without the invalid bamn, 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 8ompo of Work, condUUone, addendo, and modifications and ENG|NEER[m proposal &o the
extent consistent with Yakima City documents) constitute the Agreement Documents and one
complementary. Specific Federal and State |owm and the terms of this Agreement, in that order
respectively, supersede other inconsistent provisions. These Agreement Documents are on file in
the OMioa of the Purchasing K8onmQer, 129 No. 3"« SL, YaNnna, VVA. 98901. and are hereby
incorporated by reference into this Agreement.
23.3 Notice ofchange infinancial 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 aohonge of ownership or control, the ENGINEER shall immediately notify the City in
writing. FmUunatonoUfvthe(�dvofsuohachmnge|nfinan�o|cond�onorchmngeofommeroh' or
control shall be sufficient grounds for termination.
23.4 No conflicts of interest. ENGINEER represents that it or its employees do not have any interest
and shall not hereafter acquire any interest, direct orindirect, which would conflict |nany manner
mrdegree with the performance of this Agreement. ENGINEER further covenants that it will not
hire anyone or any entity having such m conflict of interest during the performance of this
Agreement.
23.5 Promotional advertising prohibited. Reference to or use of the Cdv' any of its
agencies orother subunits, or any offioio| or employee for commercial promotion is orohibitsd.
News releases pertaining to this procurement shall not Uemade without prior approval ofthe City,
Release of broadcast emails pertaining to this procurement shall not be made without prior 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. Avvoivor by either party hereto of m breach of the other party hereto of any
covenant orcondition ofthisAoreementehoUmot|mpo|rthehghtoftheportynotindefaultboavai|
itself ofany subsequent breach thmm»of. Lenimnuy, delay or failure of either podx 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 instanceo, ohoU not be construed as a waiver or
relinquishment ofany such agreement, covenant, condition orright.
238 Force yN ' ne. ENGINEER will not be responsible for delays in delivery duo to acts of God, fire
strikes, riots, delay intransportation, orthosaafhactsofapidamicmorpondenniomthotcou|dnothove
been reasonably anticipated or mitigated through acts of the ENGINEER; provided ENGINEER
notifies the City immediately in writing of such pending or actual delay. Normally in the event of
such delays, the date of delivery of WORK will be extended for a period of time equal to the time
lost due tothe reason for delay.
23.0 Authority. The person executing this Agreement on behalf of ENGINEER represents and warrants
that they have been fully authorized bvENGINEER boexecute this Agreement onits behalf and to
legally bind ENGINEER to all terms, performances, and provisions of this Agreement.
2310 Survival. The foregoing sections of this Agreement, inclusive, shall survive the expiration or
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
Date:
Attes
CITY CONTRACT NO:
:- L SC)U noN NO:
List of Exhibits attached to this contract
Fuller Designs Inc.
Signature
Printed Name: Aaron Fuller
Title: Owner President
Date:
Exhibit A _ Fair Ave Multimodal Improvements Proposal
Page 14
STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA
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)
Title
Printed Name
My commission expires:
Page 15
STATE OF WASHINGTON
) ss.
COUNTY OF ¥ fM* (S )
I certify that I know or have satisfactory evidence that 4aroyi FL) I l e r 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 (, 1P1 of
Pvn I e/ De.S of to be the free and voluntary act of such party for the uses and purposes
mentioned in the Ifistrument.
Dated: 7/27/;02G
Seal or Stamp
r
(Signature)
+a fli Rib I I C
Title
lAalKinn InI2gro
Printed Name
My commission expires: i / i q / 2O9-8'
Page 16
EXHIBIT A
Scope and Compensation - Fair Ave Multimodal Improvements Proposal
PHASE 1: PROJECT KICKOFF, SCOPING, AND PROJECT MANAGEMENT
Fuller Designs will meet with City staff to establish expectations for scope and confirm what
additional information needs to be developed and gathered prior to the start of the Evaluation
Phase.
Tasks:
• Review City of Yakima, WSDOT, TIB, ADA, & stormwater requirements.
• Confirm survey and base mapping needs.
• Identify driveway, frontage, and pedestrian access constraints.
• Review existing drainage patterns and stormwater needs.
• Evaluate ROW limits and potential acquisition or temporary construction needs
• Confirm whether bike lanes are feasible within the existing roadway geometry and
available ROW.
Milestones & Deliverables:
• Meetings & Minutes documentation
• Detailed project schedule w/ City review/decision checkpoints
• Action Items & Decision Log
Phase 1 I Lum Sum = $7,410.00
PHASE 2: BASELINE CONFIRMATION & EVALUATION
It is essential that we have a clear picture of existing conditions, corridor constraints, and
required agency inputs before design decisions are locked in. this phase will support the
sidewalk, stormwater, ROW, and multimodal design by identifying the factors that may affect
future phases of design and construction.
Tasks:
• Survey Mapping
o Establish horizontal and vertical control for project survey.
o Establish the ROW for S Fair Ave between E Nob Hill Blvd & Pacific Ave and the
exterior lines of each of the ROWs and private ownerships adjoining the west
margin of S Fair Ave.
o Perform topographic and as -built survey of the rights of way and frontage areas
listed above for engineering design.
o Prepare the boundary, topographic & as -built survey map in ACAD format.
• Review access needs for adjacent properties, bus stops, and pedestrian generators.
• Begin environmental screening and documentation coordination.
• Confirm local, state, and federal stormwater requirements.
• Confirm known constraints and open questions before design options are advanced.
Milestones & Deliverables:
• Existing conditions summary, including constraints and conflict analysis
• Boundary, topographic, & utility as -built survey.
• Establish environmental documentation path.
• Confirm ROW and access considerations.
• Baseline stormwater considerations.
Phase 2 I Lump Sum = $23,140.00
PHASE 3: CORRIDOR OPTIONS REVIEW
Fuller Designs will balance detailed evaluation, practical problem -solving, and safety to develop
a clear comparison of corridor options.
Tasks:
• Evaluate sidewalk alignment, ADA access, driveway transitions, and pedestrian crossing
needs.
Page 17
• Review potential bicycle accommodation feasibility within existing roadway geometry
and ROW.
• Evaluate transit stop access and pedestrian connections to nearby generators.
• Compare ROW, utility, drainage, and construction impacts.
• Review preliminary cost considerations and future funding implications.
• Identify environmental, permitting, TIBM/SDOT coordination, and future -phase risks.
• Document tradeoffs, assumptions, and contingency paths.
• Coordination with County representative to establish potential ROW acquisition
• Coordination with adjacent private projects in the area.
Milestones & Deliverables:
• Corridor options comparison matrix
• ROW acquisition exhibits
• Preliminary cost comparison & risk/contingency notes
• Pre -design constructability outlook
• City review meeting
Phase 3 I Lump Sum = $10,745.00
PHASE 4: PRELIMINARY DESIGN DEVELOPMENT
Fuller Designs will turn the preferred layout into a practical design package by moving from
evaluation into design with any major issues already identified, discussed, and documented.
Tasks:
• Develop preliminary plan sheets and exhibits.
• Refine sidewalk alignment, curbline, driveway transitions, and ADA design.
• Implement pedestrian crossing, transit access, and multimodal improvements.
• Develop stormwater treatment concepts.
• Develop preliminary engineer's estimate.
• Prepare materials for City review and comment.
Milestones & Deliverables:
• Preliminary plan sheets
• Comment log and response tracking
• Preliminary engineer's cost considerations
• City review package
• Inadvertent Discovery Plan (IDP)
Phase 4 I Lump Sum = $42,020.00
PHASE 5: FINAL PS&E PACKAGE
Fuller Designs will advance the preferred alignment into a clear, bid -ready package.
Tasks:
• Finalize plans, specifications, and engineer's estimate.
• Document key design decisions.
• Finalize ROW maps and supporting exhibits.
• Complete required environmental documentation
• Identify access, staging, and temporary construction needs.
• Organize documentation for bidding and construction support.
• Answer RFIs and issue addendums during bidding.
Milestones & Deliverables:
• Final bid package (PS&E)
• ROW & environmental documentation
• Bidding support & future -phase readiness
Phase 5 I Lump Sum = $66,125.00
Total Project Cost I Lump sum = $149,440.00
Page 18
Assumptions/Exclusions
• Geotechnical, Wetland, & Traffic evaluations are excluded.
• Archaeology services will be limited to an Inadvertent Discovery Plan. Should full
archaeological services be required during the review period, a supplemental
contract can be addressed at that time.
• Right of way acquisition exhibits for private properties along S Fair Ave. include
8.5"x11" exhibit maps for each parcel requiring dedication. These maps will be
presented to the City for their use with the County's acquisition team. Subsequent
monumentation is excluded
• Construction Management can be completed on a Time & Materials (T&M) basis
during the course of construction The current T&M rates are as follows and are
subject to change on a yearly basis:
o Principal Engineer- $250/hr.
o Staff Engineer- $175/hr.
o Project Manager- $150/hr.
o Drafter- $125/hr.
o Admin- $90/hr.
Page 19
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.1.
For Meeting of: August 18, 2026
Resolution authorizing a Professional Services Agreement with Fuller
Designs Inc. for professional engineering services of the Fair Avenue
Multimodal Improvements, City Project No. 2903
SUBMITTED BY: Robert Washabaugh, City Engineer
SUMMARY EXPLANATION:
The City of Yakima desires to enter into a Professional Services Agreement with Fuller Designs, Inc. for
professional engineering
services.
This project will include preparation of plans, specifications and estimates and any needed
environmental documentation for the construction of new sidewalk on the west side of Fair Avenue
between Nob Hill Blvd and Pacific Avenue providing for driveway approaches and meeting all ADA and
other state and federal requirements, determining right of way needs and preparing right of way maps..
Enclosed for City Council review is the Professional Services Agreement in an amount not to exceed
$149,440.00.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY 24-25: A Resilient Yakima
RECOMMENDATION: Adopt Resolution
ATTACHMENTS:
Resolution Fuller 2903AT.docx
2026-PSA- fuller Designs.pdf
65