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HomeMy WebLinkAboutR-2021-166 Resolution authorizing a Professional Services Agreement with Gray & Osborne, Inc. for the Robertson Elementary Safe Routes to School Project AT2562A RESOLUTION RESOLUTION NO. R-2021-166 authorizing a Professional Services Agreement with Gray & Osborne, Inc. to prepare civil engineering plans and specifications for the Robertson Elementary Safe Routes to School project. WHEREAS, Gray & Osborne, Inc. has been selected to provide design services for the Robertson Elementary Safe Routes to School project (PROJECT); and WHEREAS, the City of Yakima (City) desires to contract with Gray & Osborne, Inc. to complete the design of the PROJECT after which it can go to ad for construction; and WHEREAS, Gray & Osborne, Inc. has provided a Scope of Work included in this Professional Services Agreement that meets the needs and requirements of the City for this PROJECT; and WHEREAS, the PROJECT is to consist of pedestrian improvements along Englewood Avenue and Powerhouse Road including curb & gutter, sidewalks, ADA compliant ramps, crosswalks, channelization, illumination improvements, solar powered Rectangular Rapid Flashing Beacons and drainage improvements; and WHEREAS, the design and construction is funded 100% by a Washington State Department of Transportation (WSDOT) Safe Routes to School grant; and WHEREAS, the City Council of the City of Yakima finds that entering into the Professional Services Agreement with Gray & Osborne, Inc. is in the best interests of the City and its residents; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute a Professional Services Agreement with Gray & Osborne, Inc., attached hereto and incorporated herein by this reference, not to exceed Fifty - Four Thousand Eight Hundred Dollars ($54,800), to provide the Professional Services as described in the Agreement. ADOPTED BY THE CITY COUNCIL this 14th day of December, 2021. ATTEST: 1 Sonya Claar ee, City Clerk I1� Patricia Byers, fillayor AGREEMENT BETWEEN CITY OfYAKIK8A'VVMSH|NGTOW AND GBAY& OSBORN0, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this day of 4—"PY�i Of,, i621, 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 Gray & Osborne, Inc., Inc with its principal office at 1130 Rainier Avenue South, Suite 300, Seattle, WA 98144' (hereinafter referred to as "ENGINEER"); said corporation being licensed and registered to do business in the State of Washington, and will provide engineering services under this Agreementfor Robertson Elementary School Safety Improvements on behalf of the Cityof Yakima, Project No. 2562 herein referred toa,the ^pKO]E[T." VVITwESSETM: 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 VVHEnsA5 ENGINEER represents that ithas available and offers toprovide personnel with knowledge and experience necessary tosatisfactorily accomplish the work within the required time and that it has no conflicts of interest prohibited bvlaw from entering into this Agreement; NOW, THEREFORE, CITY and ENGINEER agree as follows: SECTION 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 toperform those services described hereafter. Unless modified inwriting byboth parties, duties of ENGINEER shall not be construed to exceed those services specifically set forth herein. 2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign, Michael Meskimen, P.E. as Principal -in -Charge throughout the term of this Agreement unless other personnel are approved bythe CITY. 2.1 ENGINEER agrees toperform those tasks described in Exhibit A,entitled "Scope ofwork" (WORK) which is attached hereto and made a part of this Agreement as if fully set forth herein. 22 COY 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, atany time, by written order, direct the ENGINEER to revise portions of the PROJECT WORK previously completed in a satisfactory manner, delete portion, of the PROJECT, o, request that the ENGINEER perform additional WORK beyond the scope of the PROJECT WORK. Such changes hereinafter shall be referred to as 2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or time required for performance of any services under this Agreement, a contract price and/or completion time adjustment pursuant to this Agreement shall be made and this Agreement shall bemodified inwriting and accepted bythe parties hereto. 2l2 Compensation for each such request for Additional Services shall be negotiated by the COY and the ENGINEER according to the provisions set forth in Exhibit 13, attached hereto and incorporated herein by this reference, and if so authorized, shall be considered part of the PROJECT WORK. The ENGINEER shall not perform any Additional Services until so authorized by CITY and agreed to by the ENGINEER inwriting. 2.3 The ENGINEER must assert any claim for adjustment howriting within thirty (30days from the date ofthe ENGINEER's receipt of the written notification of change. SECTION CITY'SRESPOmS|g|UTIES 3.1 CITY -FURNISHED DATA: The CITY will provide tothe ENGINEER all technical data inthe CDY'Spossession relating tothe ENGINEER'S services on the PROJECT including information on any pre-existing conditions known to the CITY that constitute hazardous waste contamination on the PROJECT site as determined by anauthorized regulatory agency. 3.2 ACCESS TOFACILITIES AND PROPERTY: The CITY will make its facilities reasonably accessible toENGINEER as required for ENGINEER'S performance of its services and will provide labor and safety equipment as reasonably required byENGINEER for such access. 3.3 TIMELY REVIEW: The CITY will examine the ENGINEER'S studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice ofanattorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants au CITY deems appropriate; and render in writing decisions required ofCITY inatimely manner. Such examinations and decisions, however, shall not relieve the ENs|mcEK of any contractual obligations nor of its duty to render professional services meeting the standards ofcare applicable toits profession. 3.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this Agreement. CDY'S Representative shall have complete authority totransmit instructions and receive information. ENGINEER shall be entitled to reasonably rely on such instructions made bythe CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall be responsible for bringing to the attention of the CITY'S Representative any instructions which the ENGINEER believes are inadequate, incomplete,or inaccurate based upon the ENGINEER'S knowledge. 3.5 Any documents services, and reports provided by the CITY to the ENGINEER are available solely as additional information to the ENGINEER and will not relieve the ENGINEER of its professional duties and obligations under this Agreement or at law. The ENGINEER shall be entitled to reasonably rely upon the accuracy and the completeness of such documents, services and reports, but shall be responsible for exercising customary professional care in using and reviewing such documents, services, and reports and drawing conclusions from them. SECTION AUTHORIZATION, PROGRESS, AND COMPLETION 4.1 |nsigning this Agreement, Cn7gramssmG|mEERspedticamhorbationtoproueedvvhhVVORKdeschbedin Exhibit A. The time for completion is defined in Exhibit A, or as amended. SECTION COMPENSATION 51 COMPENSATION omATIME SPENT BASIS ATSPECIFIC HOURLY RATES: For the services described inExhibit A, compensation shall be according to Exhibit C - Schedule of Specific HourIv Rates, attached hereto and incorporated herein bythis reference, on atime spent bags plus reimbursement for direct non -salary 5i11 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those costs incurred onordirectly for the PROJECT including, but not limited to, necessary transportation costs, including current rates for ENGINEER'S vehicles; meals and lodging; laboratory tests and analyses; printing, binding and reproduction charges; all cogs associated with otheroms/de nonprofessional services and facilities; special CITY -requested and PROJECT -related insurance and performance warranty costs; and other similar costs. Reimbursement for Direct Non -Salary Expenses will be on the basis of actual changes plus a reasonable markup, not to exceed ten percent (10%)' and on the bags of current rates when furnished by ENGINEER. Estimated Direct Non -Salary Expenses are shown in sxhibit8. 5.11.1 Travel costs, including transportation, lodging, subsistence, and incidental expenses incurred byemployees cf the ENGINEER and each ofthe 5ubcunsu|tantainconnection with PR[UECTWORK; provided, asfollows: + That amaximum ufUIINTERNAL REVENUE SERVICE allowed cents per mile will bepaid for the operation, maintenance, and depreciation costs ofcompany or individually owned vehicles for that portion of time they are used for PROJECT WORK. ENGINEER, whenever possible, will use the least expensive form of ground transportation. ^ That reimbursement for meals inclusive oftips shall not exceed omaximum of forty dollars ($40) per day per person. This rate may be adjusted on a yearly basis. + That accommodation shall bectareasonably priced hmeymmei * That air travel shall be by coach class, and shall be used only when absolutely necessary. 512 Telephone charges, computer charges, in-house reproduction charges, first class postage, and FAX charges are not included in the direct expense costs, but are considered included inthe Schedule ofSpecific Hourly Billing Rates. 5l3 Professional Svboonsukams. Professional 5ubconsu|tants are those costs for engineering, architecture, geutechnica| services and similar professional services approved by the CITY. Reimbursement for Professional 5ubconsvkants will bennthe basis of actual cogs billed plus reasonable markup, not to exceed ten percent (10%) for services provided to the CITY through this Agreement. Estimated 3ubconsu|tantcosts are shown inExhibit D. 52 Unless specifica|lyamhmized inwriting bythe CITY, thetut | budgetary amountf orthis PROJECT shaUnot exceed$54,800The 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 iffound necessary. The ENGINEER is not obligated to incur costs beyond the indicated budget, as may be adjusted, nor isthe CITY obligated to pay the ENGINEER beyond these limits. When any budget has been increased, the ENGINEER'S excess costs expended prior tosuch increase will be allowable tothe same extent as if such costs had been incurred after the approved increase, and provided that the City was informed inwriting atthe time such costs were incurred. 53 The ENGINEER shall submit tnthe Chy'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 befor 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 ofsuhconsu|ta,u 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 poymentforsuch item(s). The ENGINEER may resubmit such item(s) in a subsequent invoice together with additional supporting information requested. 5.4 Ifpayment isnot made within sixty (60) days following receipt ofapproved invoices, interest onthe unpaid balance shall accrue beginning with the sixty-first (61^)day atthe rate of1.0%per month urthe 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 bythe CITY tothe ENGINEER pursuant tothe terms ofnCVV39.76.UZU4). 5.5 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 ENG|NEER's execution and delivery ufa 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 ofthe release instated amounts tobeset forth therein. 5.6 Payment for any PROJECT services and WORK shall not constitute awaiver mrelease by CITY ofany 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 asrequired under this Agreement. SECTION RESPONSIBILITY OF ENGINEER 6.1 The ENs|mcsn 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 bythe 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 smG|Nssn shall perform its vvOnu according togenerally accepted civil engineering standards of care and consistent with achieving the PROJECT WORK within budget on time, and incompliance with applicable laws, regulations, and permits. Page 6.2 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. 6.3 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. 6.4 INDEMNIFICATION (a) ENGINEER agrees to defend, indemnify, release and hold harmless the CITY, its elected and appointed officials, agents, officers, employees and volunteers (hereinafter "parties protected") from (1) claims, demands, liens, lawsuits, administrative and other proceedings,(including reasonable costs and attorney's fees) and (2) judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind claimed by third parties arising out of, or related to any death, injury, damage or destruction to any person or any property to the extent caused by any negligent act, action, default, error, omission or willful misconduct arising out of the Engineer's performance under this Agreement. In the event that any lien is placed upon the City's property or any of the City's officers, employees or agents as a result of the negligence or willful misconduct of the Engineer, the Engineer shall at once cause the same to be dissolved and discharged by giving bond or other necessary satisfaction. The City's right to indemnification includes attorney's fees and costs associated with establishing the right to indemnification hereunder in favor of the City. (b) CITY agrees to indemnify and hold the ENGINEER harmless from loss, cost, or expense of any kind claimed by third parties, including without limitation such loss, cost, or expense resulting from injuries to persons or damages to property, caused solely by the negligence or willful misconduct of the CITY, its employees, or agents in connection with the PROJECT. (c) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such third party claim, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity will apply for such proportion. (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. 6.5 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' Page 5 orwmrkmen,' compensation acts' disability benefit acts, nrother 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 bythe ENGINEER and the CITY. 6.6 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 acuntractor, for a contractor's safety programs or methods, orfor 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, theC|TY's and the ENG|NEER'sofficers, principals, employees, agents, representatives, and engineers asadditional insureds on contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER professional liability. 67 SUBSURFACE INVESTIGATIONS: msoils, 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 nfthe 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. 6.8 SURVIVAL. The provisions of this Section shall survive the expiration urtermination of this Agreement with respect many event occurring prior tosuch expiration or termination. SECTION 7 PROJECT SCHEDULE AND BUDGET 7.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component tasks shall beasset forth inthis 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 o[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. 7.2 Nut|aterthanthetenth(1Oth)dayufeachcdendarmunthduhngtheperfomnanceufthePRO]ECTthe 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 tothe public. SECTION REUSE OF DOCUMENTS 8.1 All internal WORK products ofthe ENGINEER are instruments orservices ofthis PROJECT. There shall b*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 ifthey were caused by the ENG|NBR's own negligent acts u,omissions. 8.2 The ENGINEER agrees that any and all plans, drawings, designs, specifications, computer programs, technical reports, operating manuals, calculations, notes, and other WORK submitted orwhich are specified to be delivered under this Agreement or which are developed or produced and paid for under this Agreement, whether ornot complete, shall beowned bvand vested inthe CITY. 8.3 All rights to patents, trademarks, copyrights, and trade secrets owned byENGINEER (hereinafter "Intellectual Property") as well as any modifications, updates orenhancements to said intellectual Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER does not grant CITY any right or license to such Intellectual Property. SECTION AUDIT AND ACCESS nORECORDS 9.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and other evidence directly pertinent to performance of the WORK under this Agreement in accordance with generally accepted accounting principles and practices consistently applied. The CITY, orthe C|TY'sduly authorized representative, shall have access tosuch books, record,' documents' and other evidence for inspection, audit, and copying for a period of three years after completion of the PROJECT. The CITY shall also have access to such books, records, and documents during the performance of the PROJECT WORK, if deemed necessary bythe CITY, u,verify the smG|NEER'sWORK and invoices. 9.2 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. 93 The ENGINEER agrees to the disclosure ofall information and reports resulting from access mrecords pursuantto this section provided thatthe ENGINEER is afforded the opportunityfor an audit exit conference and an opportunity to comment and submit any supporting documentation on the pertinent portions of the draft audit report and that the final audit report will include ENGINEER's written comments, if any. 9.4 The ENGINEER shall ensue that the foregoing paragraphs are included in each subcontract for WORK on the Project. 9.5 Any charges of the ENGINEER paid bythe CITYwhich arefound by an auditto be inadequately substantiated shall be reimbursed to the CITY. 9.6.1 All records relating mENGINEER'S services under this Agreement must be made available mthe CITY, and the records relating to the WORK are City of Yakima records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to ENGINEER'S WORK under this Agreement must be retained by ENGINEER for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. SECTIOw10 INSURANCE 10.1 Atall times during performance ofthe WORK, ENGINEER shall secure and maintain ineffect insurance to protect the CITY and the ENGINEER from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Agreement. ENGINEER shall provide and maintain in force insurance in limits noless than those stated below, as applicable. The CITY reserves the right to require higher limits should it deem it necessary in the best interest of the public. If ENGINEER carries higher coverage limitsthan the limitsstated below, such higher limits shall be shown on the Certificate of Insurance and Endorsements and ENGINEER shall be named as an additional insured for such higher limits. 10.11 Commercial General Liability Insurance. Before this Agreement isfully executed bvthe parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with atuta| liability limit ufthe limits required inthe policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are ineffect. Said policy shall beineffect for the duration nfthis Agreement. The policy shall name the CITY, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best'sGuide and admitted inthe5tateofVVashinQton. 10l2. Commercial Automobile Liability insurance. a. If ENGINEER owns any vehicles, before this Agreement isfully executed by the parties, ENGINEER shall provide the CRY with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with atota| liability limit ufthe limits required in the policy, subject to minimum limits of Two Million Dollars ($2'000000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. b IfENGINEER does not own any vehicles, only "Nnn-mvnedand Hired Automobile Uabi|ity' will be required and may be added u,the commercial liability coverage at the same limits as required inthat section ofthis Agreement, which is Section lU1lentitled "Commercial General L|abiUty|nsumnce". C. Under either situation described above in Section 10.12a. and Section 10.1Ib' the required certificate of insurance shall dearly state who the provider is, the coverage amount the policy number, and when the policy and provisions provided are ineffect. Said policy shall heineffect for the duration ofthis Agreement. The policy shall name the CITY, its elected and appointed officials, officers, agents, employees, and volunteers asadditional insureds. The insured shall not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice. The insurance shall bewith aninsurance company nrcompanies rated A-VII or higher in Best's Guide and admitted in the State of Washington. 1013` Statutory workers' compensation and employer's liability insurance as required by state law. / 111�. Professional Liability Coverage. Before this Contract is fully executed by the parties, ENGINEER shall provide the City with acertificate ofinsurance asproof ufprofessional liability coverage with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per claim, and Two Million Dollars ($2,000000.00) aggregate. The certificate d`aU clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are ineffect. Said policy shall bein effect for the duration of this Contract. The insured shall not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A-Vil or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion ofthis contract. Failure of either or all of the additional insureds to report a claim under such insuranceshuUnnt prejudice the rights ofthe CITY, its elected and appointed officials, officers, employees, agents, and representatives there under. The CITY and the [RY'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 ofthe policies issued pursuant to the requirement, 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. SECTuOwzz SUBCONTRACTS 111 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract any portion of the WORK to be performed under this Agreement. 112 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 astothe legal form orcontent ufsuch subcontract. Subcontractors shall carry the same levels ofinsurance asoutlined in Section 10, above. The ENGINEER shall be responsible for the architectural and engineering performance, acts, and omissions ofall persons and firms performing subcontract WORK. zls CITY does not anticipate ENGINEER subcontracting with any additional persons or firms for the purpose of completing this Agreement, 114 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. SECrIOm12 ASSIGNMENT 12.1 This Agreement is binding on the heirs,successors and assigns ofthe parties hereto. This Agreement may not beassigned byCITY orENGINEER without prior written consent ufthe other , which consent wiUnot be unreasonably withheld. |tisexpressly imended and o�eedthat nothird party beneficiaries are created by this Agreement, and that the rights and remedies provided herein shall inure only to the benefit of the parties tothis Agreement. SECTION 13 INTEGRATION 13.1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties. SECTION 14 JURISDICTION AND VENUE 14.1 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. SECTION15 EQUAL EMPLOYMENT and NONDISCRIMINATION 15.1 During the performance of this Agreement, ENGINEER and ENGINEER's subconsultants and subcontractors shall not discriminate inviolation nfany applicable federal, state and/or local law orregulation onthe basis of age, sex, race, creed' religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, orlocal law. This provision shall include but not belimited tuthe 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. SECTuONz6 SUSPENSION OF WORK 16.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond CITY'o control are interfering with normal progress of the WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond ENGINEER's control are interfering with normal progress of the WORK. ENGINEER may suspend WORK on the PROJECT in the event CITY does not pay invoices when due, except where otherwise provided bythis Agreement. The time for completion ufthe WORK shall beextended by the number ofdays WORK issuspended. |fthe period ofsuspension exceeds ninety (90)days, the terms uf this Agreement are subject to renegotiation, and both parties are granted the option to terminate WORK onthe suspended portion ufProject inaccordance with SECTION 17. SECTIOV17 TERMINATION QfWORK 17.1 Either party may terminate this Agreement, in whole or in part, if the other party materially breaches its obligations under this Agreement and is in default through no fault of the terminating party. However, no such termination may beeffected unless the other party is given: (1) not less than fifteen (15)oa|endar days written notice delivered by certified mail, return receipt requested, of intent tuterminate; and (2)an opportunity for consultation and for cure with the terminating party before termination. Notice shall be considered issued within seventy-two (72) hours ofmailing by certified mail to the place of business of either party as set forth in this Agreement. 172 |naddition totermination under subsection Z[1ufthis Section CITY may terminate this Agreement for its convenience, in whole or in part, provided the ENGINEER is given: (1) not less than fifteen (15) calendar days written notice delivered bycertified mail, return receipt requested, ofintent toterminate; and (Z) an opportunity for consultation with CITY before the effective termination date. 17.3 IfCITY terminates for default onthepartoftheENG|NEER,anacUummentinthecuntractpricepurouantto the Agreement shall be made, but no amount shall be allowed for anticipated profit on unperformed services or other WORK, and (Z) any payment due tothe ENGINEER atthe time of termination may be adjusted to the extent of any additional costs or damages CITY has incurred, or is likely to incur, because of the ENGINEER'S breach. In such event, CITY shall consider the amount of WORK originally required which was satisfactorily completed to date of termination, whether that WORK is in a form or of type which is usable and suitable to CITY at the date of termination and the cost to CITY of completing the WORK itself urnfemploying another firm to complete it. Under no circumstances shall payments made under this provision exceed the contract price. |nthe event ofdefault, the ENGINEER agrees topay CITY for any and all damages, costs, and expenses whether directly, indirectly, urconsequentially 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. 17,4 If the ENGINEER terminates for default on the part of CITY or if C[r/ terminates for convenience, the adjustment pursuant tnthe Agreement shall include payment for services satisfactorily performed tuthe date of termination, in addition to termination settlement costs the ENGINEER reasonably incurs relating to commitments which had become firm before the termination, unless CITY determines to assume said commitments. 17.5 Upon receipt ofatermination notice under subsections 171or17.2above, the ENGINEER shall (1)promptly discontinue all services affected (unless the notice directs otherwise), and (I) deliver urotherwise make available tuCITY all originals ofdata, drawings, specifications, calculations, reports, estimates, summaries, and such other information, documents, and materials asthe ENGINEER nrits subconsu|tantsmay have accumulated or prepared in performing this Agreement, whether completed or in progress, with the ENGINEER retaining copies ofthe same. 17.5 Upon termination under any subparagraph above CITY reserves the right to prosecute the WORK to completion utilizing other qualified firms or individuals; provided, the ENGINEER shall have no responsibility toprosecute further WORK thereon. 17.7 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 tuthe Agreement shall be determined asset forth in subparagraph 17.4ofthis Section. 17.8 If, because of death, pandemic unavailability or any other occurrence, it becomes impossible for any key personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the ENGINEER to render his services tothe PROJECT, the ENGINEER shall not be relieved of its obligations to complete performance under this Agreement without the concurrence and written approval of CITY. |fCITY agrees to termination of this Agreement under this provision, payment shall be made as set forth in subparagraph 173ofthis Section. SECTION %8 DISPUTE RESOLUTION 18.1 In the event that any dispute shall arise as to the interpretation or performance of this Agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as ameans toresolve the dispute. |fneither ufthe afore mentioned methods are successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with SECTION 14. If both parties consent in writing, other available means of dispute resolution may be implemented. SECTION 19 NOTICE 19.1 Any notice required tubegiven under the terms ufthis Agreement shall bedirected u,the party at the address set forth below. Notice shall be considered issued and effective upon receipt thereof bythe addressee -party, or seventy-two (72) hours after mailing by certified mail to the place of business set forth below, whichever i,earlier. City of Yakima Attn: Mr. Bill Preston, City Engineer Yakima, WA 98901 [NG|mcsn: Gray &Osborne, Inc. 1130Rainier Ave. S.'Suite 300 Seattle, WA98144 Attn: Michael B.Johnson, President IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective authorized officers or representatives as of the day and year first above written. [City Manager] Printed Name:. Bob Harrison Title: CitvK4anoger Date: ~ ,~~~ ~ Attest City Clerk CITY CONTRACT NO'r,4;al RESOLUTION NO.' , GRAY &OS8ORNE,INC. Signature Printed Name. Michael B. Johnson, P.E Titlez President STATE OF WASHINGTON ) ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that Bob Harrison is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the CITY MANAGER of the CITY OF YAKIMA, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Seal or Stamp Printed Name My commission expires: ) Page 13 STATE OF WASHINGTON ) ss. COUNTY 0 I certify that I know or have satisfactory evidence that `s the person who appeared before me, and said person acknowledged that he/she signed this instrument, on o } ;t tec at he/ he was xecut we instrument, and acknowledged it as the - !', of to be the free and voluntary act of such party for the uses and purposes mentioned utborized- in the Dated: Seal or Stamp stru nt. (Signature) Printed Name My commission expires:: MELISSA YE NOTARY t!. lc STATEi L Numbe 2023 140 Page 14 EXHIBIT A SCOPE OF WO CITY OF YA 1 A ROBERTSON ELEMENTARY SAFE ROUTES TO SCHOOL PROFESSIONAL ENGINEERING SERVICES INTRODUCTION The purpose of this Contract is for Gray & Osborne, Inc. to provide engineering and related services necessary to develop preliminary and final plans, specifications, and cost estimates (PS&E) suitable for the bid, award, and construction of the City of Yakima's Robertson Elementary Safe Routes to School project. It is our understanding that the project consists of pedestrian improvements along Englewood Avenue and Powerhouse Road including: curb and gutter, sidewalks, ADA compliant ramps, crosswalks, channelization, illumination improvements, solar powered Rectangular Rapid Flashing Beacons (RRFBs), and drainage improvements. The design will comply with the City's successful Safe Routes to Schools application and will include: Sidewalk and Curb Ramps Approximately 1,700 feet of sidewalks. Improvements will be located along the southerly side of Englewood Avenue, and along the southerly side Powerhouse Road from Englewood Avenue to Robertson Elementary. The improvements will shift to the north side of Powerhouse Road from the pedestrian crossing of Powerhouse Road located to the south of Robertson Elementary, to North 26th Avenue. Connection to the existing sidewalks at Robertson Elementary School, with connections to gates within existing fencing. ADA compliant curb ramps. It is anticipated that up to 8 curb ramps will be required for the project. Illumination • It is anticipated that up to two additional street lights will be added to illuminate pedestrian crossings. It is assumed that these lights will be added to existing power poles and will not require a separate illumination system. Page 1 of 9 Rectangular Rapid Flashing Beacons ( ' FB) Two solar powered RRFBs will be installed to serve the pedestrian crossing between the Robertson Elementary Powerhouse Road parking lot and North 26th Avenue. Crosswalks, Channelization and Signage • Lane lines will be replaced on Powerhouse Road and Englewood Avenue adjacent to the sidewalk. The engineering and related services contemplated for this project will generally include topographic survey and mapping, identifying right-of-way, developing conceptual drawings, coordinating with funding and regulatory agencies, environmental review, and developing detailed project cost estimates. After the concept has been reviewed by the City, development of final PS&E products and bid/construction documents will be completed. Our scope of work is more fully detailed below. Task 1 — Project Management Objective: Provide overall project management of Gray & Osborne resources, provide subconsultant management, monitor and manage budget, manage and oversee the schedule of deliverables, manage quality assurance/quality control (QA/QC) program, and provide client contact. Services include: 1. Contract execution, internal accounting, and auditing. 2. Internal resource management and prioritization of resources. 3. Oversee QA/QC reviews of engineering products to include constructability review, risk management assessment, and identification and pursuit of critical path items. 4. Preparation of monthly invoices. 5. Manage and oversee the schedule of deliverables. 6 Provide project coordination with utility companies known to provide service in the area, as well as the City Engineer. 7. Attend coordination, progress, and presentation meetings with the City as required. For purposes of this agreement, it is assumed that no more than 3 meetings will be required. Page 2 of 9 Task 2 — Survey and Mapping Objective: Establish vertical and horizontal control and acquire pertinent topographical features suitable to support the design and mapping of project corridor. Work shall also identify existing right-of-way lines within project limits and all intersecting public rights - of -way (streets and alleys). It will also include property lines. Property lines will be shown at their approximate locations based on existing publicly available information. Services include: Research and acquire public records of survey, plat maps, assessor maps, and related survey data as may be available from public agencies (County and City) this work includes researching and identifying property owners (of record at county assessor's office) and addresses of property. 2. Establish vertical and horizontal control for survey and mapping at a scale of 1"=20' horizontal and 1"-5' vertical. Datum will be per City of Yakima standards/requirements. Coordinate survey work with City of Yakima. Provide (set or establish) a minimum of two survey control points for vertical and horizontal control within project area. 3, Perform topographical survey of project corridor to include profiling of adjacent driveways where impacted. Acquire topographical data (including utility paint marks provided through the one -call utility locate service) within right-of-way and approximately 10 feet beyond right-of- way (assuming it is not fenced in and/or property owners refuse access) for mapping and design purposes. Incorporate pertinent topographical information at all street intersection "legs." Topographical data shall include establishing surface grades, pavement edges, utilities (visually obvious and/or painted surfaces during site survey), utility structures, hydrants, valves, fences, major trees and significant landscaping, walkways, major grade breaks, and any other pertinent physical features, found in the project area deemed necessary to adequately map the project area for the purpose of designing a project of this nature. Map survey data and show pertinent topographical features and existing right-of-way within project limits. Task 3 — Project Funding and Regulatory Agencies Coordination Objective: Assist the City with coordinating the project with Washington State Department of Transportation, and other regulatory (environmental) and/or funding agencies so as to adhere to agency requirements. Services include: 1. Assist the City with processing paperwork and adhering to requirements regarding the use and expenditure of any grant funds. Page 3 of 9 Task 4 — Environmental Permitting and Cultural Investigation Objective: Comply with environmental requirements (SEPA) and acquire the various environmental approvals, permits, and environmental clearances necessary to allow construction of the project. Services include: 1. It is assumed that this project will be considered categorically exempt from SEPA and that no additional SEPA documents are needed for the project. 2. Prepare and submit Ecology Construction Stormwater Erosivity Waiver as necessary, 3. Prepare an Area of Potential Effects memorandum, for submission to WSDOT. 4. Complete consultation with DAHP and affected tribes as required by Washington State Executive Order 21-02. 5. If it is determined necessary by WSDOT, Gray & Osborne, Inc, shall provide a cultural resource survey via its subconsultant, RLR Archaeology and Cultural Resources. These services shall include: a. Identify any cultural resources which may be adversely affected by the project. b. Conduct the cultural resource survey in accordance with Washington State Law. c. Provide background research, field investigation of project area, and research to identify potential traditional cultural properties. d. Provide summary of findings in a cultural resources project report. Task 5 — Utility Data Acquisition/Hydraulic Analysis (Storm) Objective: Acquire record drawings and map information from utility companies known to provide service in the project corridor. Obtain utility field locates from the One -Call Utility Locate Center. Conduct a stormwater analysis of the tributary area (roadway and sidewalk), and size and locate storm water collection for this project. Services include: 1. Provide written requests for all utility companies known to provide utility service in the project area. 2. Review data provided by utility companies and incorporate into design products and future phases of the project as may be applicable. Page 4 of 9 3, Conduct calculations based on the WSDOT Highway Runoff Manual and review of survey data acquired for this project, contour maps, and surface water comprehensive maps and plans. This analysis shall be used to develop hydraulic data to determine catch basin spacing, pipe size and slope recommendations for storm water collection within the project area. 4. This task assumes that no treatment will be necessary. 5. Coordinate the relocation of power pole(s), as necessary for the project at the intersection of Powerhouse Road and Englewood Avenue. Task 6 — Preliminary Design (30%) Objective: Use information generated in Tasks 1 through 6 to develop a preliminary design for the proposed improvements for the City's evaluation, review, and comment. Services include: 1, Develop a strip map of the project corridor to include survey data and pertinent utility information. Mapping products will be used in development of conceptual design for proposed features to include pavement, concrete curb and gutter, curb ramp replacement, medians, storm drainage, illumination, and new sidewalks. 2. Develop a detailed cost estimate of the preliminary design for City review and comment. Break the work into separate schedules if required for funding purposes. 3. Perform QA/QC reviews. Task 7— Semifinal Design Document Preparation (60%) Objective: Develop design/bid/construction documents to the 60 percent level based on preliminary design documents (60 percent complete). Services include: 1, Prepare and submit project specifications (two copies) to include proposal, contract, and bonding forms. This work assumes project specifications (including Special Provisions) will be based on the latest edition of the WSDOT Standard Specifications for Road, Bridge and Municipal Construction and amendments thereto. The City shall be responsible for reviewing and approving the documents. 2. Prepare and submit updated and detailed engineering construction cost estimate at interval listed above for City review. Page 5 of 9 3 Prepare two copies of preliminary plans/drawings (to include special details). The plans will incorporate applicable City design standards, WSDOT design standards, MUTCD standards, and AASHTO Manual guidelines. Where conflicts exist between standards, the City will provide direction or request the Consultant's recommendation. 4. Existing illumination will be evaluated using AGi32 software to meet WSDOT design manual standards. It is anticipated that up to 2 additional street lights will be added to illuminate pedestrian crossings. It is assumed that these lights will be added to existing power poles and will not require a separate illumination system. a. City will provide information conceming the existing illumination light fixture types for modeling purposes. b. City will determine if the additional lighting can be added to an existing City illumination system, or if it will be coordinated with Pacific Power street lighting. c. Gray & Osborne will coordinate with the selected lighting entity to provide location(s) of additional street lights. Task 8 — Public Outreach Objective: The Engineer will attend one public meeting. Following the completion of the semifinal design, Gray & Osborne will present a brief summary of the overall project design. The presentation will include the associated cost estimate, and will also include discussion about anticipated construction schedule and significant impacts to the public. 1. The City shall make arrangements for a suitable location for and open house public meeting. For the purposes of this project, it is assumed the meeting will be held at Robertson Elementary, or another nearby facility. 2, The City shall provide public notice for the meeting as the City deems necessary. 3. Gray & Osborne shall provide exhibits, consisting of strip maps, poster boards, and handouts in both English and Spanish for the open house. Gray & Osborne personnel shall be present for the duration of the open house meeting. 4. If determined necessary by the City of Yakima, Gray & Osborne shall arrange for a virtual open house using Zoom, or another city -provided online platform. The virtual open house may be conducted concurrently with the in -person open house, or separately. Page 6 of 9 Task 9— Final Design Document Preparation (PS&E) Objective: Prepare final project plans, specifications, and cost estimates sufficient for bidding and constructing the project. Services include: 1, Send final plans and specifications to City, and WSDOT for approval to advertise. 2. Prepare and submit final project plans to City to include incorporation of all previous applicable and relevant City comments. Revise contract documents to incorporate final City comments (as applicable). 3. Prepare and submit final project specifications to include contract, proposal, bonds, and insurance requirements, per City review and direction. Incorporate revisions or all previous applicable and relevant City comments. Prepare final and detailed engineer's construction cost estimate. Task 10— Quality Assurance/Quality Control Objective: Provide QA/QC reviews of engineering products to enhance overall quality of products. Prepare QA/QC review recommendations as further noted below. Services include: Conduct QA/QC meetings by key design team members to solicit comments, recommendations, and suggestions regarding engineering products, constructability issues, critical path items, risk management, and quality of product. City will be invited to participate. Prepare QA/QC Memorandum at each QA/QC interval (30 percent, 60 percent, 90 percent) regarding QA/QC comments, attendees, location, and date. Task 11- Bid and Award Services Objective: Assist City in bidding and award services. Services include: 1. Prepare bid advertisement(s) for publication for City review and use. 2. Upon City authorization and direction, prepare and transmit both electronic and hard copies of bid documents to City. This scope does not include bid advertisement and distribution of bid documents to potential bidders. These services will be the responsibility of the City. 3. Assist the City to answer bid inquires, and prepare addenda for distribution to bidders as necessary, in electronic format (PDF). Page 7 of 9 Deliverables Electronic file of all plans and specifications and addenda (as may be applicable) to the City. 2. Hard copy of plans (four copies, two full size and two half size) and specifications (four copies) and cost estimates to include any addenda (as may be applicable) to City. Up to three hard copies to WSDOT or as required. Assumptions 1. Gray & Osborne shall notify abutting property owners within the project corridor and alert them of our survey work approximately 2-days prior to commencing survey on site. Access onto private properties will not be prevented in order to acquire the data described above. Where access is denied, this data shall not be acquired or mapped. Gray & Osborne assumes survey can be performed on a continuous basis and not piecemealed due to multiple site visits caused by property owners preventing access. The City may, at its discretion, provide notification to abutting property owners regarding site survey access. 3 The development and/or recording of a "Record of Survey" is not required or included in this scope of work. 4. No right-of-way acquisition, to include title reports, appraisals, appraisal reviews, market research, legal descriptions, deeds, negotiations or conveyance documents are included in this scope of work. If required, this work shall be included as a contract supplement at a later time. 5. The City Engineering Department will provide a template for a TCE, if it is necessary for the project. 6. The City will be responsible for any compensation necessary as part of TCE's. 7. It is anticipated that TCE's may be required for up to 8 properties. 8. The City shall be responsible for publishing costs of notices or permit fees required for the above items. Page 8 of 9 Construction Management Services Gray & Osborne, Inc. shall provide construction management services as may be further desired by the City of Yakima at the City's option. If the City elects to exercise this option, Gray & Osborne, Inc. shall prepare a scope and fee for this additional work for the City's review and approval. Since the extent of this work cannot be reasonably determined at this time, it will be prepared at the completion of the design phase as a contract supplement. Gray & Osborne, Inc. will also be entitled to subcontract work, for example material testing services, to a qualified firm as further approved by the City. Page 9 of 9 EXHIBIT B CONSULTANT FEE DETE ' INATION - SUMMARY SHEET (COST PLUS FIXED FEE) Project: City of Yakima - Robertson Elementary Safe Routes to School Project Direct Salary Cost (DSC): Discipline Required Principal -in -Charge Project Manager Project Engineer AutoCAD/GIS Technician/Engineering Intern Professional Land Surveyor (PLS) Field Survey Crew (2 Person) Total DSC: Overhead (OH Cost - including Salary Additives) OH Rate @ 190.15% x DSC Fixed Fee (FF) FF Rate @ 26.75% x Total DSC Reimbursables Mileage (@ $0.56 per mile) Subconsultant Cost: RLR Archaeology and Cultural Resources TOTAL: Estimated Hours 2 70 150 112 30 36 Estimated Rate $40 $36 $36 $15 $35 $51 to to to to to to $61 $61 _545 $40 $46 $68 Estimated Amount $116 $3,360 $5,550 $3,584 $1,140 $1,980 $ 15,730 $ 29,911 $ 4,208 229 $ 4,722 $ 54,800 Prepared by: Michael Meskimen, P.E. Date: December 1, 2021 EXHIBIT C Consultant Fee Determination — Summary Sheet (Specific Rates of Pay) Fee Schedule Discipline or Job Title AutoCAD/GIS Tech./Engineering Intern Hourly Rate $15-$40 Electrical Engineer Structural Engineer Environmental Tech./Specialist Engineer -In -Training Civil Engineer Project Engineer Project Manager Principal -in -Charge Resident Engineer Field Inspector Field Survey Crew (2 Person) Field Survey Crew (3 Person) Professional Land Surveyor $36-$57 $33-$51 $25•$42 $25-40 $28441 $36-$45 $36-$61 $40-$61 $37-$51 $25444 $51-$68 $80-$93 $35-$46 All actual out-of-pocket expenses incurred directly on the project are added to the billing. The billing is based on direct out-of-pocket expenses; meals, lodging, laboratory testing and transportation. The transportation rate is $0.56 per mile or the current maximum IRS rate without receipt IRS Section 162(a), Page 1 of 1 Development Division Contract Services Office PO Box 47408 Olympia, WA 98504-7408 7345 Linderson Way SW Tumwater, WA 98501-6504 TTY: 1-800-833-6388 wwwwsdotwa.gov March 18, 2021 Gray & Osborne, Inc. 1130 Rainier Avenue S. #300 Seattle, WA 98144 Subject: Acceptance FYE 2019 ICR — Risk Assessment Review Dear Melissa Drysdale: Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2019 ICR of 190.15%. This rate will be applicable to Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates(vvglot.wa.2ov. Regards; ERIK K. JONSON Contract Services Manager EKJ: ah ACC0R0 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD(YYYY) 12/1/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, If SUBROGATION IS WAIVED, subject to the terms and conditions this certificate does not confer rights to the certificate holder in lieu PRODUCER AssuredPartners of Washington, LLC PMB #369, 19689 7th Ave NE, Ste 183 Poulsbo WA 98370 INSURED Gray & Osborne Inc 1130 Rainier Avenue South, Suite 300 Seattle WA 98144 COVERAGES the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. of the policy, certain policies may require an endorsement. A statement on of such endorsement(s). 4 CONTACT NAKFL. All.ison Barge lAic, ExoL 360-626-2007 Tt_tNt tt_10.1t 360-626-2007 PHONE FAX 1 MQ131p§, 8149n. :910,Pasfurelpartners.com INSUREKSLAFFORDING COVERAGE INSURER A : The Charter Oak Fire Insurance Company INSURER : The Travelers IndemnjVCompanyof Connecticut INSURER C: Travelers PropartyCasualty Company of America INSURER D: Travelers Casualty and Surety Company INSURER E : INSURER F CERTIFICATE NUMBER:240571666 REVISION NUMBER: t- NAIC 25615 25682 25674 19038 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO1WTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR -TADDLISUBR' POLICY EFF POLICY EXP LTR TYPE OF INSURANCE •I WVD POLICY NUMBER IMM/DD(WyY) (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X OCP/XCU/BEPD X Speration Insds GENT, AGGREGATE LIMIT APPLIES PER: POLICY Fjpg- LOC OTHER, 6808N74449A 9/10/2021 9/10/2022 EACH OCCURRENCE $ 1,000,000 -15AMAG-ETO RENtEti ..PREMJSES (Ea acQurremel. $ 3,0_9,900 _MED EXP (Any one Eerson„),. $ 10.000 PERSONAL & ADV INJURY I $ 1,000.000 GENERAL AGGREGATE $ 2.000,000 PRODUCTS- COMP/OP AGG $ 2.000,000 B AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY BA8P5 6892 SCHEDULED AUTOS NON -OWNED AUTOS ONLY 10/2021 9/10/2022 COMSINEDSGLEL1T10QJ0Q , attaccikrtt_ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE ac.sVerill X UMBRELLA LIAB X OCCUR EXCESS LIAB CLAIMS -MADE ...T r oFc 1 X REE12.9±1Ltapart A WORKERS COMPENSATION - AND EMPLOYERSLIABILITY ANYPROPRIETORPARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS low Professional Liab: Claims Made Pollution Liab: Occurrence Form YIN N / A CUP8N747012 6808N74449A 9/10/2021 9/10/2021 9/10 2022 EACH OCCURRENCE AGGREGATE 2,000,000 $ 2,000,000 9/10/2022 PER OTH- - STATUE— I .56 wA StPP QaP A1.900,000 LE L DISEASE- EA EMPLOYE $ 1,000.000 E L. DISEASE - POLICY LIMIT 1,000,000 105339819 1 9/10/2021 9/10/2022 $2,000,000 Per Claire $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: CITY OF YAKIMA ROBERTSON ELEMENTARY SAFE ROUTES TO SCHOOL PROFESSIONAL ENGINEERING SERVICES The certificate holder is an additional insured per the attached. CERTI ICATE HOLDER City of Yakima 129 North Second Street Yakima WA 98901 ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RdiCy# 6808m744*9A COMMERCIAL GENERAL LIABILITY THUS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY' 0� I* LANK _ 77�m��� n (������ ��~��� U ITIO' A0 1,: SUu �� � ����m�m� �������� ���.m'�~u�����°� This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION U —WHO IS AN|NSURED: Any person or organization that you agree in a 11written contract requiring insurance" to include as enadditional insured onthis Coverage Part, but: m' Only with respect to liability for "bodily injury". "property damage" or"personal injuryr;and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you oryour subcontractor in the performance of 'your work" to which the "written contract requiring insurance" applies, orinconnection with premises owned byorrented tnyou. The person or organization does not qualify as an additional insured: c' With respect to the independent acts or omissions ofsuch person ororganization; or d' For "bodily iniur/'. "property damage" or ,.personal injury" for which such person or organization has assumed liability in a contract uragreement. The insurance provided tosuch additional insured islimited asfollows: e' This insurance does not apply onany basis 0o any person or organization for which coverage asanadditional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to ender any '.professional services". |nthe event that the Limits ofInsurance of the [overage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section ||ULimits Of Insurance. — 9- h. This insurance does not apply to "bodily injury" o,"property damage" caused by work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever isearlier. 2. The following is added to Paragraph 4,a. of SECTION |V — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided tuthe additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for aloss wecover. However' if you specifically agree in the "written contract requiring insurance" that this insurance provided tothe additional insured under this Coverage Part must apply on a primary basis ora primary and non-contributory basis' this insurance is primary to other insurance available to the additional insured which covers that person or organizations as anamed insured for such |oss, and wewill not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage issought occurs; and (2) The "personal injury"for which coverage is sought arises out ofanoffense committed; after you have signed that "written contract nequiringinsunance^ But this insurance provided to the additional insured sd|| is excess over valid and collectible other insurance, whether primary, excess, contingent orun any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. @ 2010The Travelers Indemnity Company. All rights reserved. Page 1ofZ COMMERCIAL GENERAL LIABILITY 3' The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", .property damage" or "personal injury" arising out of"your work" performed by you, orunyour behalf, done under a"written contract requiring insunance^ with that person or organization. VVewaive this right only where you have agreed to do so as pad of the "written contract requiring insusance" with such person or organization signed by you before, and in effect when, the "bodily injury"or "property damage" occurs, orthe "personal injury" offense iscommitted. Page 2 of 2 4. The following definition is added to the DEFINITIONS Section: 'Written contract requiring insurance^means that part nfany written contract under which you are required 0ninclude aperson ororganization asan additional insured on this Coverage Part, provided that the "bodily injury" and ''property damage" occurs and the "personal injury" is caused byanoffense committed: a. After you have signed that written contract; b' While that part of the written contract is in effect; and c. Before the end of the policy period. @uomThe Travelers Indemnity Company. All rights reserved. CG D3 8109 15 1 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 5.D. For Meeting of: December 14, 2021 Resolution authorizing a Professional Services Agreement with Gray & Osborne, Inc. for the Robertson Elementary Safe Routes to School Project AT2562 Scott Schafer, Director of Public Works Bill Preston, City Engineer - (509) 576-6754 SUMMARY EXPLANATION: n November 2021, Gray & Osborne, Inc. was selected to perform engineering design services for the Robertson Elementary Safe Routes to School project. This Professional Services Agreement authorizes the design phase of the project up to and including bid documents. The project is to consist of pedestrian improvements along Englewood Avenue and Powerhouse Road including curb & gutter, sidewalks, ADA compliant ramps, crosswalks, channelization, illumination improvements, solar powered Rectangular Rapid Flashing Beacons and drainage improvements. Attached for City Council review is the Professional Services Agreement with Gray & Osborne, Inc., in an amount not to exceed Fifty -Four Thousand Eight Hundred dollars ($54,800) along with Exhibit A - Scope of Work, Exhibit B - Cost Plus Fixed Fee and Exhibit C - Fee Schedule. The project is funded 100% by a Washington State Department of Transportation (WSDOT) Safe Routes to School grant, accepted by City Council Resolution 2021-125. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution 2 ATTACHMENTS: Description Upload Date Type D Resolution G&d Robertson Elementary 11/30/2021 Resolution D Agreement with G&O 12/1/2021 Contract Contract Supplemental Agreement Supplemental Agreement Organization and Address: Gray& Osborne, Inc Number: 1 1130 Rainier Ave. S., Suite 300 Seattle,WA 98144 Original Contract Number: Execution Date of Supplement: 2021-197 City Engineering Project Number: Completion Date of Supplement: 2562 2/29/2024 Project Title: Maximum Amount Payable this Supplement: Robertson Elementary School Safety $28,650 Improvements Maximum Total Amount Payable for the Agreement: $83,450 Section 1: Supplemental Agreement The City of Yakima, Washington desires to supplement the contract agreement entered into with Gray& Osborne Inc., and executed on December 15, 2021, by Resolution No. R-2021-166 and identified as Contract 2562. 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: Section 2: Scope of Services Construction engineering and administration services to install sidewalk along Englewood Avenue from Powerhouse Canal Pathway to Powerhouse Road, and along Powerhouse Road from Englewood Avenue to North 26th Avenue, as defined in attached Exhibit A. Section 5: Compensation Payment for this supplemented work, as defined in Exhibit A, is not to exceed $28,650, bringing the total amount of the Agreement to$63,450. Section 7: Project Schedule and Budget The schedule for construction management services will start at execution of this supplement and last until February 29, 2024, to allow time for project close out. See attached exhibits for the construction management services budget. 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: r//c/t,f—b. .I�ml s P By: - ( fraY'i Se n Consu ant Signature City Manager Ma L ( ( . c 3 Date CITY CONTRACT NO" � t ���� RESOLUTION NO:I� a EXHIBIT A SCOPE OF WORK CITY OF YAKIMA ROBERTSON ELEMENTARY SCHOOL SAFETY IMPROVEMENTS CONSTRUCTION ENGINEERING SERVICES INTRODUCTION The Consultant shall perform those tasks as listed herein to assist the City during the construction phase of the project,to include coordination with regulatory and funding agencies,adjacent property owners,utility companies, and the Contractor. CONSTRUCTION MANAGEMENT SERVICES It is the intent of this scope to provide services for the duration of the contract (45 working days). Task No. Task 1. Project Management—Provide overall project management to include resource allocation management,client contact,and coordination with various project stakeholders including,but not limited to, WSDOT Local Programs, City, Contractor, abutting property owners(as needed),utility companies,and regulatory agencies during the construction phase of project. 2. Preconstruction Services a. Organize and lead the preconstruction conference(prepare agenda in accordance with appendix 52.101 of the LAG Manual, send out invitations,conduct meeting,and prepare/distribute meeting minutes)in accordance with appendix 52.102 of the LAG Manual, and issuing a formal Notice to Proceed. Coordinate with WSDOT Local Programs as needed. b. Review Contractor's schedule,and provide comments to Contractor and Agency as applicable. 3. Contract Administration a. Assist the City with preparation of reimbursement requests to WSDOT. G&O t121861 Page 1 of 3 b. Provide submittal/RAM/QPL review;update and manage the Record of Materials(ROM)with submittal information;and material testing information,evaluate Contractor's Schedule of Values for lump sum items and verify allocations are made in accordance with the requirements of the Contract Documents. Review/track traffic control files. c. Track, review and evaluate Request for Information from Contractor. Manage responses to RFIs. d. Subcontractor/certified payroll review/tracking; review of requests to sublet,statement of intent to pay prevailing wages, certified payroll report; complete wage rate interviews,submit PR1391 and PR1392 forms to WSDOT if applicable,in accordance with Section 1-08.1. Coordinate e. Prepare monthly progress(pay)estimates and review with Contractor and City. Prepare WSDOT backup for quantities paid each month. Assist City with WSDOT project billing forms. f. Prepare up to two change orders. Represent the City's interest in negotiation of change order with the Contractor. Provide independent estimate and record quantity measurements of material,equipment and manpower for determining costs for change orders. Coordinate with WSDOT to obtain Blue Book rates on equipment as may be applicable. Prepare change orders for execution by the City and Contractor subject to approval of the City and WSDOT Local Programs. This task does not include any work for new or additional design tasks nor additional survey work as may be related thereto depending on the nature of the change order(s). g. Conduct construction meetings with the Project Manager,the Contractor,City's representative,various regulatory or funding personnel,utility companies, and other stakeholders deemed necessary to help facilitate construction and construction coordination. The City shall provide a minimum of 24-hours notice to the consultant prior to requested meetings. Note: this item assumes up to 2 meetings/site visits by the Project Manager. h. At substantial completion,coordinate with the City,prepare a punchlist of items to be completed or corrected. G&o#21861 Page 2 of 3 i. Coordinate final walk-thru of the project with the City, Contractor, WSDOT (as needed), and Project Manager prior to recommending project acceptance. j. Provide copies of all project paperwork to the City. 4. Field Inspection a. Provide part-time on-site observation services (up to 120 hours over the course of 45 working days) to observe the progress of the work and determine, in general, that the work is proceeding in accordance with the Contract Documents and notify Contractor of non-compliance. Inspection will not be required at all times depending on the Contractor's daily work efforts. At these times it will be the Engineer's judgement,with concurrence from the City, as to the level or inspection effort required. b. Review means and methods employed by Contractor and materials delivered to the site. Provide field documentation to include: Inspector's Daily Report, field note records, Weekly Quantity Reports, Weekly Working Day Reports,and Daily Report of Force Account Worked,wage rate interviews, and other pertinent documentation. Confirm quantities for payment with Contractor in the field. 5. Project Closeout Services a. Assist the City in closing out the project, prepare notice of completion form, Final Project Voucher,in compliance with State and Federal law. b. Provide project files to the City and WSDOT if requested. EXCLUDED SERVICES 1. DBE tracking 2. Construction survey staking(this work is to be accomplished by the Contractor) 3. Material testing services PROJECT BUDGET The "not-to-exceed" budget amount of$28,650 for the Construction Management Services described herein is provide in the breakdown in Exhibit B. c&o#21861 Page 3 of 3 EXHIBIT B CONSULTANT FEE DETERMINATION-SUMMARY SHEET (COST PLUS FIXED FEE) Project: City of Yakima-Robertson Elementary School Safety Improvements Additional Engineering Costs Direct Salary Cost(DSC): Estimated Estimated Discipline Required Hours Estimated Rate Amount Principal-in-Charge 6 $40 to $61 $342 Project Manager/Engineer 30 $36 to $61 $1,350 Civil Engineer/Designer 60 $28 to $41 $1,980 Field Inspector 138 $25 to $44 $5,244 Subtotal Direct Labor Costs(DLC): $ 8,916 Indirect Labor Costs (Overhead)@ 190.15%x DLC: $ 16,954 Fee @ 26.75%x DLC: $ 2,385 Direct Non-Salary Cost: Mileage(607 at$0.65 per mile) S 395 TOTAL ESTIMATED COST: $ 28,650 G&O#21861 Page 1 of 1 Prepared by Gray Osborne,Inc. Contract Supplemental Agreement Supplemental Agreement Organization and Address: Number: 2 Gray & Osborne, Inc 1130 Rainier Ave S., Suite 300 Seattle, WA 98144 Original Contract Number: Execution Date of Supplement: 2021-197 City Engineering Project Number: Completion Date of Supplement: 2562 March 31, 2024 Project Title: Maximum Amount Payable this Supplement: Robertson Elementary School Safety $6,000 Improvements Maximum Total Amount Payable for the Agreement: $89,450 ($83,450+ $6,000) Section 1: Supplemental Agreement The City of Yakima, Washington desires to supplement the contract agreement entered into with Gray & Osborne, Inc., and executed on December 15, 2021 by Resolution No. 2021-166 and identified as Contract 2021-197. 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: Section 2: Scope of Services Additional project management, engineering and field inspection associated with additional construction efforts. 1. Additional inspection time associated with revisions to contract time, storm drainage revisions, and additional contract days used by the Contractor to complete the project (30 hours). 2. Additional engineering associated with revisions to the storm drainage facilities made necessary by previously unknown underground conflicts. 3. Associated project management time to support additional inspection and engineering in items 1 and 2. Section 6: Compensation Payment for this supplemented work will, as shown on Exhibit A, is not to exceed $6,000, bringing the total amount of the Agreement to$89,450 Section 7: Project Schedule and Budget The project End Date is extended to March 31, 2024. 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: Michael B. Johnson, P.E. By: Pokx- -1- Y7 Consultant Signature City Manager Nov . 3t , -a3 Date CITY CONTRACT NO:(71-a'y (cr1 Page 1 RESOLUTION NO: EXHIBIT A CONSULTANT FEE DETERMINATION- SUMMARY SHEET (COST PLUS FIXED FEE) Project: City of Yakima-Robertson Elementary School Safety Improvements - Supplemental Agreement 2 Additional Engineering Costs Direct Salary Cost(DSC): Estimated Estimated Discipline Required Hours Estimated Rate Amount Project Manager/Engineer 5 $36 to $61 $225 Civil Engineer/Designer 16 $28 to $41 $528 Field Inspector 30 $25 to $44 $1,140 Subtotal Direct Labor Costs (DLC): $ 1,893 Indirect Labor Costs (Overhead) @ 190.15%x DLC: $ 3,600 Fee @ 26.75%x DLC: $ 506 Direct Non-Salary Cost: Mileage (2 at$0.65 per mile) $ 1 TOTAL ESTIMATED COST: S 6,000 Prepared by Gray Osborne,Inc Page 2