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HomeMy WebLinkAboutR-2025-004 Resolution authorizing a professional services agreement with Gray & Osborne, Inc. to provide engineering services for the Yakima Stormwater System including Task No. 1 Stormwater System Improvements in Downtown City Parking Lots RESOLUTION NO. R-2025-004 A RESOLUTION authorizing a Professional Services Agreement with Gray & Osborne, Inc. to provide engineering services for the Yakima Stormwater System including Task No. 1 Stormwater System Improvements in Downtown City Parking Lots. WHEREAS, the City of Yakima maintains the Stormwater System in accordance with applicable Federal, State and Local regulations; and WHEREAS, the City of Yakima Stormwater Division requires engineering services for improvements on surface drainage and stormwater conveyance systems; and WHEREAS, separate tasks will be developed and attached to this agreement for each stormwater improvement project; and WHEREAS, the first task for attachment to this agreement is Task No. 1 for the engineering services to improve the stormwater drainage of four City of Yakima-owned downtown parking lots; and WHEREAS, the City of Yakima Wastewater Division representatives have complied with the provisions of RCW 39.80 which concerns the procurement of engineering and architectural services by a city; and WHEREAS, on October 17, 2024, the City held interviews with two Engineering firms listed on the Municipal Research and Services Center (MRSC) of Washington roster as having the experience and expertise necessary to perform these services; and WHEREAS, as a result of these interviews, the City selected Gray & Osborne, Inc. as the most qualified Engineering Firm to perform the required work; and WHEREAS, the City Council has determined that it is in the best interest of the City of Yakima to enter into a professional services agreement with Gray &Osborne, Inc., for stormwater system engineering services including Task No. 1; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute a Professional Services Agreement between the City of Yakima and Gray & Osborne, Inc., including Task No. 1 in an amount not to exceed THREE HUNDRED AND THIRTY THOUSAND DOLLARS ($330,000), to provide engineering services for Yakima Stormwater System improvements; a copy of the Agreement with Task No. 1 is attached hereto and by this reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 7th day of January, 2025 NAKIMq`‘% /jj a C ATTEST: Patricia Byers, ayor i/ 'tom`••• �l * (SEAL• , s 11 :' *: -P41 Rosalinda Ibarra, City Clerk AGREEMENT BETWEEN CITY OF YAKIMA,WASHINGTON AND GRAY&OSBORNE, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this day of Tax?. , 209by 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. with its principal office at 180 Iron Horse Ct, Terrace Heights, WA 98901, (hereinafter referred to as "ENGINEER"); said corporation being licensed and registered to do business in the State of Washington, and will provide Engineering Design and Construction administration services as assigned by the City under this Agreement for Stormwater Engineering Services Multi Year (2024-2028) on behalf of the City of Yakima, Project No. SW2832, 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, Nancy Wetch as Principal-in-Charge throughout the term of this Agreement unless other personnel are approved by the CITY. 2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled "Scope of Work" (WORK)which is attached hereto and made a part of this Agreement as if fully set forth herein. 2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by ENGINEER can be defined in detail at the time this Agreement is executed, and that additional WORK related to the Project and not covered in Exhibit A may be needed during performance of this Agreement. CITY may, at any time, by written order, direct the ENGINEER to revise portions of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the PROJECT, or request that the ENGINEER perform additional WORK beyond the scope of the PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services." Page 1 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 be modified in writing and accepted by the parties hereto. 2.2.2 Compensation for each such request for Additional Services shall be negotiated by the CITY and the ENGINEER according to the provisions set forth in Exhibit B, attached hereto and incorporated herein by this reference, and if so authorized, shall be considered part of the PROJECT WORK. The ENGINEER shall not perform any Additional Services until so authorized by CITY and agreed to by the ENGINEER in writing. 2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the date of the ENGINEER's receipt of the written notification of change. SECTION 3 TERM 3.1 The term of this AGREEMENT shall be until December 31, 2028. SECTION 4 CITY'S RESPONSIBILITIES 4.1 CITY-FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the CITY'S possession relating to the 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 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, accountant, auditor, bond and financial advisors, and other consultants as CITY deems appropriate; and render in writing decisions required of CITY in a timely manner. Such examinations and decisions, however, shall not relieve the ENGINEER of any contractual obligations nor of its duty to render professional services meeting the standards of care applicable to its profession. 4.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this Agreement. CITY'S Representative shall have complete authority to transmit instructions and receive information. ENGINEER shall be entitled to reasonably rely on such instructions made by the CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall be responsible for bringing to the attention of the CITY'S Representative any instructions which the ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER'S knowledge. 4.5 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 5 AUTHORIZATION, PROGRESS, AND COMPLETION 5.1 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. Page 2 SECTION 6 COMPENSATION 6.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services described in Exhibit A, compensation shall utilize current contractor hourly rates. Estimated rates identified in Exhibit C - Schedule of Specific Hourly Rates, attached hereto and incorporated herein by this reference, on a time spent basis plus reimbursement for direct non-salary expenses. 6.1.1 DIRECT NON-SALARY EXPENSES: Direct Non-Salary Expenses are those costs incurred on or directly for the PROJECT including, but not limited to, necessary transportation costs, including current rates for ENGINEER'S vehicles; meals and lodging; laboratory tests and analyses; printing, binding and reproduction charges; all costs associated with other outside nonprofessional services and facilities; special CITY- requested and PROJECT-related insurance and performance warranty costs; and other similar costs. Reimbursement for Direct Non-Salary Expenses will be on the basis of actual charges plus a reasonable markup, not to exceed ten percent (10%), and on the basis of current rates when furnished by ENGINEER. Estimated Direct Non-Salary Expenses are shown in Exhibit B. 6.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental expenses incurred by employees of the ENGINEER and each of the Subconsultants in connection with PROJECT WORK, provided, as follows: • That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents per mile will be paid for the operation, maintenance, and depreciation costs of company or individually owned vehicles for that portion of time they are used for PROJECT WORK. ENGINEER, whenever possible, will use the least expensive form of ground transportation. • That reimbursement for meals inclusive of tips shall not exceed a maximum of forty dollars ($40) per day per person. This rate may be adjusted on a yearly basis. • That accommodation shall be at a reasonably priced hotel/motel. • That air travel shall be by coach class, and shall be used only when absolutely necessary. 6.1.2 Telephone charges, computer charges, in-house reproduction charges, first class postage, and FAX charges are not included in the direct expense costs, but are considered included in the Schedule of Specific Hourly Billing Rates. 6.1.3 Professional Subconsultants. Professional Subconsultants are those costs for engineering, architecture, geotechnical services and similar professional services approved by the CITY. Reimbursement for Professional Subconsultants will be on the basis of actual costs billed plus a reasonable markup, not to exceed ten percent (10%) for services provided to the CITY through this Agreement. Estimated Subconsultant costs are shown in Exhibit B 6.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT shall not exceed One Million Dollars ($1,000,000.00). 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. When any budget has been increased, the ENGINEER'S excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase, and provided that the City was informed in writing at the time such costs were incurred. 6.3 The ENGINEER shall submit to the City's Representative an invoice each month for payment for PROJECT services completed through the accounting cut-off day of the previous month. Such invoices shall be for PROJECT services and WORK performed and costs incurred prior to the date of the invoice and not covered by previously submitted invoices. The ENGINEER shall Page 3 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. 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. Page 4 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. 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. Page 5 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 (10th) day of each calendar month during the performance of the PROJECT, the ENGINEER shall submit to the CITY's Representative a copy of the current schedule and a written narrative description of the WORK accomplished by the ENGINEER and subconsultants on each task, indicating a good faith estimate of the percentage completion thereof on the last day of the previous month. Additional oral or written reports shall be prepared at the CITY's request for presentation to other governmental agencies and/or to the public. SECTION 9 REUSE OF DOCUMENTS 9.1 All internal WORK products of the ENGINEER are instruments or services of this PROJECT. There shall be no reuse, change, or alteration by the CITY or others acting through or on behalf of the CITY without written permission of the ENGINEER, which shall not be unreasonably withheld and will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs including, but not limited to, litigation expenses and attorney's fees arising out of or related to such unauthorized reuse, change, or alteration; provided, however, that the ENGINEER will not be indemnified for such claims, damages, losses, and costs including, without limitation, litigation expenses and attorney fees if they were caused by the ENGINEER's own negligent acts or omissions. 9.2 The ENGINEER agrees that any and all plans, drawings, designs, specifications, computer programs, technical reports, operating manuals, calculations, notes, and other WORK submitted or which are specified to be delivered under this Agreement or which are developed or produced and paid for under this Agreement, whether or not complete, shall be owned by and vested in the CITY. 9.3 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter "Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER does not grant CITY any right or license to such Intellectual Property. SECTION 10 AUDIT AND ACCESS TO RECORDS 101 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 Page 6 years after completion of the PROJECT. The CITY shall also have access to such books, records, and documents during the performance of the PROJECT WORK, if deemed necessary by the CITY, to verify the ENGINEER's WORK and invoices. 10.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or auditing agency. 10.3 The ENGINEER agrees 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 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. 10.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for WORK on the Project. 10.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately substantiated shall be reimbursed to the CITY. SECTION 11 INSURANCE 11.1 At all times during performance of the WORK or obligations under this Agreement, ENGINEER shall secure and maintain in effect insurance to protect the CITY and the ENGINEER from and against all claims, 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 no less 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 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 a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy shall be included with the certificate. This Certificate of insurance shall be provided to the City prior to commencement of work. Failure to provide the City with proof of insurance and/or to maintain such insurance outlined herein shall be a material breach of this agreement and a basis for termination. Failure by the City to demand such verification of coverage with these insurance requirements or failure of the City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of ENGINEER's obligation to maintain such insurance. ENGINEER's insurance coverage shall 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 shall contribute to any settlements, defense costs, or other payments made by ENGINEER's insurance. All additional insured endorsements required by this Section shall include an explicit waiver of subrogation. 11.1.1 Commercial General Liability Insurance. Before this Agreement is fully executed by the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Five Million Dollars ($5,000,000.00) 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 in effect. Said policy shall be in effect for the duration of this Agreement The policy shall name the CITY, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice. The insurance shall be with an insurance Page 7 company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. 11.1.2. Commercial Automobile Liability Insurance. a. If ENGINEER owns any vehicles, before this Agreement is fully executed by the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. b. If ENGINEER does not own any vehicles, only "Non-owned and Hired Automobile Liability" will be required and may be added to the commercial liability coverage at the same limits as required in that section of this Agreement, which is Section 10.1.1 entitled "Commercial General Liability Insurance". c. Under either situation described above in Section 10.1.2.a. and Section 10.1.2.b., the required certificate of insurance shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the CITY, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. 11.1.3. Statutory workers'compensation and employer's liability insurance as required by state law. 11.1.4. Professional Liability Coverage. Before this Contract is fully executed by the parties, ENGINEER shall provide the City with a certificate of insurance as proof of professional liability coverage with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per claim, and Five Million Dollars ($5,000,000.00) aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The insured shall not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this contract. Failure of either or all of the additional insureds to report a claim under such insurance shall not prejudice the rights of the CITY, its elected and appointed officials, officers, employees, agents, and representatives there under. The CITY and the CITY's elected and appointed officials, officers, principals, employees, representatives, and agents shall have no obligation for payment of premiums because of being named as additional insureds under such insurance. None of the policies issued pursuant to the requirements contained herein shall be canceled, allowed to expire, or changed in any manner that affects the rights of the CITY until thirty (30) days after written notice to the CITY of such intended cancellation, expiration or change. 11.2 If at any time during the life of the Agreement, or any extension, ENGINEER fails to maintain the required insurance in full force and effect, all work under the Agreement shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Agreement. Page 8 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 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, and any other classification protected under federal, state, or local law. This provision shall include but Page 9 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. SECTION 17 SUSPENSION OF WORK 17.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond CITY's control are interfering with normal progress of the WORK. 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 by this Agreement. The time for completion of the WORK shall be extended by the number of days WORK is suspended. If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to renegotiation, and both parties are granted the option to terminate WORK on the suspended portion of Project in accordance with SECTION 18. SECTION 18 TERMINATION OF WORK 18.1 Either party may terminate this Agreement, in whole or in part, if the other party materially breaches its obligations under this Agreement and is in default through no fault of the terminating party. However, no such termination may be effected unless the other party is given. (1) not less than fifteen (15)calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an opportunity for consultation with the terminating party and for cure within the 15-day notice period before termination. Notice shall be considered issued within seventy-two (72) hours of mailing by certified mail to the place of business of either party as set forth in this Agreement. 18.2 In addition to termination under subsection 18.1 of this 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 by certified mail, return receipt requested, 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 part of the ENGINEER, an adjustment in the contract price pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other WORK, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to the extent of any additional costs or damages CITY has incurred, or is likely to incur, because of the 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 a 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 complete it. Under no circumstances shall payments made under this provision exceed the contract price. 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 shall include payment for services satisfactorily performed to the date of termination, in addition to termination settlement costs the ENGINEER reasonably incurs relating to commitments which had become firm before the termination, unless CITY determines to assume said commitments. 18.5 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 otherwise), and (2) deliver or otherwise make available to CITY all originals of data, drawings, specifications, calculations, reports, estimates, summaries, and such other information, documents, and materials as the Page 10 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 right to 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 as set forth in subparagraph 18.4 of this Section. 18.8 If, because of death, 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 to the PROJECT, the ENGINEER shall not be relieved of its obligations to complete performance under this Agreement without the concurrence and written approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment shall be made as set forth in subparagraph 18.3 of this 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 as a means to resolve the dispute. If neither of the afore mentioned methods are successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, Washington in accordance with SECTION 14. If both parties consent in writing, other available means of dispute resolution may be implemented. SECTION 20 NOTICE 20.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at the address set forth below. Notice shall be considered issued and effective upon receipt thereof by the addressee-party, or seventy-two (72) hours after mailing by certified mail to the place of business set forth below,whichever is earlier. CITY: City of Yakima 2220 East Viola Ave Yakima,WA 98901 Attn: Marc Cawley ENGINEER: Gray&Osborne, Inc. 1130 Rainier Ave S., Suite 300 Seattle, WA 98144 Attn: Michael B. Johnson, P.E. SECTION 21 INSPECTION AND PRODUCTION OF RECORDS 21.1 The records relating to the WORK shall, at all times, be subject to inspection by and with the approval of the City, but the making of(or failure or delay in making) such inspection or approval shall not relieve ENGINEER of responsibility for performance of the WORK in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. ENGINEER shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. ENGINEER's records relating to the WORK will be provided to the City upon the City's request. 21.2 ENGINEER shall promptly furnish the City with such information and records which are related to the WORK of this Agreement as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation payable under this Agreement, or for a longer Page 11 period if required by law or by the Washington Secretary of State's record retention schedule, ENGINEER shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of ENGINEER's books, documents, papers and records which are related to the WORK performed by ENGINEER under this Agreement. Prior to converting any paper records to electronic format and/or destroying any records, ENGINEER shall contact CITY's Records Administrator (509-575-6037) to discuss retention. In no event shall any record relating to the WORK be destroyed without CITY consultation. 21.3 All records relating to ENGINEER's services under this Agreement must be made available to the City, and the records relating to the WORK are City of Yakima records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to ENGINEER's services under this Agreement must be retained by ENGINEER for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. 21.4 The terms of this section shall survive any expiration or termination of this Agreement. SECTION 22 COMPLIANCE WITH THE LAW 22.1 ENGINEER agrees to perform all WORK under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise, including policies adopted by the City, as those laws, ordinances, rules, regulations, and policies now exist or may hereafter be amended or enacted. ENGINEER shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work. 22.2 ENGINEER shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or 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 of a City Business License ENGINEER must procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. b. ENGINEER must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. c. ENGINEER must provide proof of a valid Washington Unified Business Identification (UBI) number. ENGINEER must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.101 or 36.12.065(3). d. ENGINEER must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. e. Foreign (Non-Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima, at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is made, prior to conducting any business in the City. SECTION 23 MISCELLANEOUS PROVISIONS 23.1 Nondiscrimination. During the performance of this Agreement, the ENGINEER agrees as follows: The ENGINEER shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, sexual orientation, gender identity, pregnancy, veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of 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 Page 12 provision of WORK under this Agreement. In the event of the ENGINEER's noncompliance with the non-discrimination clause of this contract 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. 23.2 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. 23.3 Severability. If any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Agreement are declared severable. 23.4 Agreement documents. This Agreement, the Request for Qualifications& Proposals No.SW2832, titled Stormwater Engineering Services Multi Year (2024-2028) Scope of Work, conditions, addenda, and modifications and ENGINEER's proposal (to the extent consistent with Yakima City documents) constitute the Agreement Documents and are complementary. Specific Federal and State laws and the terms of this Agreement, in that order respectively, supersede other inconsistent provisions. These Agreement Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima,WA, 98901, and are hereby incorporated by reference into this Agreement. 23.5 Notice of change in financial condition. If, during this Agreement, the ENGINEER experiences a change in its financial condition that may affect its ability to perform under the Agreement, or experiences a change of ownership or control, the ENGINEER shall immediately notify the City in writing. Failure to notify the City of such a change in financial condition or change of ownership or control shall be sufficient grounds for termination. 23.6 No conflicts of interest. ENGINEER represents that it or its employees do not have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. ENGINEER further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 23.7 Promotional advertising prohibited. Reference to or use of the City, any of its departments, agencies or other subunits, or any official or employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the City. Release of broadcast emails pertaining to this procurement shall not be made without prior written authorization of the City. 23.8 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. 23.9 Waiver of breach. A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 23.10 Force Majeure. ENGINEER will not be responsible for delays in delivery due to acts of God, fire, strikes, riots, delay in transportation, or those effects of epidemics or pandemics that could not have been reasonably anticipated or mitigated through acts of the ENGINEER; provided Page 13 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 to the reason for delay. 23.11 Authority. The person executing this Agreement on behalf of ENGINEER represents and warrants that they have been fully authorized by ENGINEER to execute this Agreement on its behalf and to legally bind ENGINEER to all terms, performances, and provisions of this Agreement. 23.12 Survival. The foregoing sections of this Agreement, inclusive, shall survive the expiration or termination of this Agreement, in accordance with their terms. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective authorized officers or representatives as of the day and year first above written. CITY O Y A GRAY&OSBORNE, INC. 0, ria Baker Signature Printed Name:.V 1 C, Dri& PDG T� Printed Name: Michael B Johnson, P.E. Title: City Manager Title: President Date: /11 AKI q''yi 11/21/2021 i• • *_ 1�� Attest -�/ .' . ..< <.• _ '�!' 1 _s' S• 1 City Jerk cn cyr�rRacr No:r S— � INGTo�= „u,U i10N NO: List of Exhibits attached to this contract Exhibit A—Scope of Work Exhibit B— Professional Fee Exhibit C—Schedule of Rates 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: 3u'\ , �) a"a Seal or Stamp ���\\\IIIIII1l//777 gSION'•. /C R_, .... .(o PIOTARy �. (Signature) NO 107265 N _ 1%\)0 ua • PUBLIC Title(LU n Ac\ice "`'//„,WAS11,-0 /1►illli\\\\ Printed Nam My commission expires: D1.1 I Page 15 STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA ) 11, h I certify that I know or have satisfactory evidence that \ �'hd�' " "b "n�0n is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated a b was autho ed to xecute instrument, and acknowledged it as the s� � of .6: MY'G 1 � to be the free and voluntary act of such party for the uses and purposeses menti d in the instrument. Dated: 1 PAD I ' �' I► Seal or Stamp (Signature) GF� Title �+� ,,,,,nu,,, ,,,,, I t�" It ME,,,SS,' ,q ,,��� Printed Name az a� �•. • ND.•4o9�Op My commission expires: I'i I2iJai- : o . : 2. '•,'9S;' FS 03.09 D.. °'17/416TON •�`a�� ,''�,,,II U 11 N...``, Page 16 EXHIBIT A SCOPE OF WORK TASK 1 CITY OF YAKIMA STORMWATER SYSTEM IMPROVEMENTS IN DOWNTOWN CITY PARKING LOTS PROJECT UNDERSTANDING This Scope of Work presents the professional engineering services requested by the City of Yakima for the design of improvements to four parking lots in downtown Yakima. The parking lots are as follows: 1. "Crafted" lot Parcel 19131923406 0.6 acres. 2. N 1st Street lot Parcel 19131923509 0.4 acres. 3. N 2nd Street lot Parcel 19131922486 1.0 acres. 4. Millennium Plaza lot; Parcel 19131924507 1.8 acres. It is understood from discussions with City staff that these parking lots have several stormwater issues that require analysis and improvements. Proposed improvements may also include paving the parking lot, delineating parking stalls, analyzing lighting, and constructing stormwater improvements to provide storage and treatment of runoff prior to conveyance into the existing storm sewer. SCOPE OF WORK A predesign report will be completed to determine necessary improvements, and evaluate potential layouts for the parking lots prior to the preparation of final construction documents (i.e., plans and specifications). The pre-design report will assist the City with determining estimated costs for the improvements prior to starting the final design. The following Scope of Work provides a summary of services that will be completed to prepare the predesign report. Item 1 —Project Administration Objective: Provide overall project management services including: A. Project staff and subconsultant management. B. Implementation of the quality control program. C. Control of the project budget and schedule. D. Coordination with the City. Item 2— Utility Coordination Objective: Acquire data on existing utilities within the project vicinity. A. Solicit record drawings and/or as-builts as may be available from existing purveyors of record. B. G&O will request that utilities be marked through the 1-CALL system prior to survey. Any marked utilities will be shown on the plans. Page 17 Item 3—Site Information/Topographic Survey Objective: Prepare a map that documents the existing conditions of the parking lots: A. Acquire public records of survey, plat maps, and assessor maps to determine the approximate locations of property boundaries. B. Establish vertical and horizontal control for survey and mapping at a scale of one-inch equals twenty-feet horizontal and one-inch equals one-foot vertical. C. Perform a topographic survey of the parking lots. Topographic data will include the edges of the parking lots, sidewalk and parking lot entrance(s), power poles, utilities, and surface elevations will be collected and mapped. Field survey will be performed to establish vertical and horizontal control and key elevations for ADA compliance. This will be followed by an aerial drone survey of each of the parking lots to obtain more survey and aerial photographs of the sites. D. Prepare a base map in an AutoCAD format that shows the existing features that were surveyed. The base map will also include existing ground contours and the approximate locations of property boundaries and any easements. Item 4— Preliminary Design Objective: Complete a predesign report defining the various design components for the parking lot site plans. A. Assist with the preparation of a community needs assessment for the parking lots. This may include a mailer and online survey. B. Prepare up to three alternative site plans for each parking lot. The site plans may include locations of parking stalls, lighting, bike racks, landscaping, and utility improvements. C. Utilize AutoTURN software to model the turning movements of design vehicles for each parking lot alternative layout. Examine circulation through the lots and look at locations of entrances to adjacent streets and the alley. Determine whether access improvements to the streets/alley will be required. D. Complete preliminary sizing, hydrologic and hydraulic calculations for storm drainage infrastructure at each parking lot. It is assumed that all parking lots will be designed for storage and stormwater treatment on site and the downstream capacity will only be utilized as an overflow during runoff of more than the twenty five (25) year storm event. E. Identify any permits that will be required as part of the construction F. Prepare an Engineer's Estimate of Probable Construction Costs for each of the alternatives. G. Provide a summary of each parking lot site plan including discussion on the advantages and disadvantages of each layout. H. Submit the draft predesign report to the City for review and comment. A final report, signed and stamped by a professional engineer, will be provided once all review comments have been addressed. Meet with the City to discuss preferences and receive any comments on predesign report review. J. Incorporate any City comments and provide final copy of predesign report including preferred alternatives and estimated construction costs. Page 18 Item 5—Final Design Objective: Prepare project drawings, specifications, and cost estimates for each parking lot at the 60 percent, 90 percent, and 100 percent level. A. Prepare project drawings, specifications, and cost estimate in City approved format. The Plans and specifications will be prepared with reference to the WSDOT 2025 Standards Specifications for Road, Bridge, and Municipal Construction, MUTCD,AASHTO Manual guidelines, and Department of Ecology(DOE)design criteria, and City design standards, as applicable.Where conflicts exist between standards, the City will provide direction or request the Consultant's recommendation. B. Prepare construction cost estimates for the work at the conceptual, 60 percent, 90 percent, and 100 percent design levels. C. Conduct reviews of the Plans and Specifications with the City at the conceptual, 60 percent, and 90 percent design levels. D. Conduct a hydraulic analysis based on review of survey data acquired for this project, and contour maps and surface water comprehensive maps and plans provided by City. This analysis shall be used to develop hydraulic data to determine BMP sizing and catch basin spacing, pipe size, and slope recommendations for collection within the City's parking lots and for overflow connections to the City's existing stormwater system (within the project area). Prepare a drainage report for the proposed parking lot improvements. E. Perform in-house quality assurance and quality control (QA/QC) reviews of all Gray& Osborne generated documents by senior staff members. The project management task covers this administrative activity. Item 6—Public Outreach Objective: Given the location and use of the parking lots, it is anticipated that the City will arrange at least one open house public meeting. 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. A. 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 City Hall. or another nearby facility. B. The City shall provide public notice for the meeting as the City deems necessary. C. 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. D. 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 19 Item 7—Permit Acquisition Objective: Gray&Osborne will provide support required to obtain permits necessary to facilitate construction of the project. A. Prepare and submit any required City permits including right-of-way,grading, drainage, and building permits as required by the City. B. Prepare traffic control plans as required by the City. C. Prepare and submit for a Stormwater General Construction Permit from the Washington State Department of Ecology. D. The City agrees to be the applicant on all permit applications. The City will pay any permit and approval review fees. Item 8—Quality Assurance and Quality Control Objective: Oversee three, in-house, quality assurance/quality control (QA/QC)meetings at G&O's office during the course of the project. The meetings will include senior project staff, selected design team members, and City staff(as required and/or desired). A. Internal (G&O) QA/QC meetings will take place prior to the following design submittals: 1. Conceptual Submittal 2. 60 Percent Submittal 3. 90 Percent Submittal 4. 100 Percent Submittal B. Ensure incorporation of relevant recommendations and suggestions into bid/construction documents resulting from QA/QC reviews. Item 9— Bid and Award Administration Objective: Assist the City during the bid and award of the project. A. Assist with advertisement of the project in accordance with City standards. B. Review and respond to Contractor questions during the advertisement period. C. Prepare contract addenda (as required) D. Conduct Bid Opening (as required) E. Review bids, review contractor qualifications, and prepare bid tabulation. F. Provide a Recommendation to Award Letter to the City. Item 10 - Preconstruction Services A. Organize and lead the preconstruction conference and issue a formal Notice to Proceed. B. Review Contractor's schedule, and provide comments to Contractor and Agency as applicable. Item 11 -Contract Administration Page 20 A. Provide submittal/review; update and manage the submittal log 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. B. Track, review and evaluate Request for Information from Contractor. Manage responses to RFIs. C. Subcontractor tracking; review of requests to sublet, statement of intent to pay prevailing wages. D. Prepare monthly progress (pay) estimates and review with Contractor and City. E. Prepare up to two change orders per site location, total of eight(8). 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. Prepare change orders for execution by the City and Contractor subject to approval of the City. 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). F. Conduct weekly construction meetings with the Project Manager, the Contractor, City's representative, utility companies, and other stakeholders deemed necessary to help facilitate construction and construction coordination. G. At substantial completion, coordinate with the City, prepare a punchlist of items to be completed or corrected. H. Coordinate final walk-thru of the project with the City, and Contractor, prior to recommending project acceptance. Provide copies of all project paperwork to the City. Item 12 -Field Inspection A. Provide full-time on-site inspection services to observe the progress of the work and determine, whether the work is proceeding in accordance with the Contract Documents and notify Contractor of non-compliance. B. Review means and methods employed by Contractor and materials delivered to the site. Provide field documentation to include: Inspector's Daily Report,Weekly Quantity Reports,Weekly Working Day Reports, and Daily Report of Force Account Worked, and other pertinent documentation. Confirm quantities for payment with Contractor in the field and document in Daily Report. Item 13 -Survey Staking A. Provide control points as shown in the Plans to allow for construction staking. B. Provide one-time construction staking for: o clearing limits; o sawcut locations; o storm drainage and piping; o top back of curb (or other curb location as requested by the contractor) Item 14- 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 if requested. Page 21 ASSUMPTIONS This scope of work is based on the following assumptions. 1. The City will provide a timely review of all submittals 2. No right-of-way or easements are required. 3. Specifications will be in WSDOT format. 4. The City of Yakima will pay any associated project permit fees. 5. The City of Yakima will be billed directly for the bid advertisement. 6. Downstream stormwater conveyance capacity is adequate for the overflow volume of proposed parking lots. It is assumed that the existing stormwater conveyance system will be used to dispose of overflow volumes of stormwater for each parking lot. SERVICES NOT INCLUDED 1. Geotechnical analysis of the parking lot sites. 2. Any special permits or regulatory approvals not specifically described in this Scope of Work 3. Any work associated with rectifying discrepancies in rights-of-way, record surveys, easements, plat maps, etc. 4. Any work associated with real estate, right-of-way, and easement acquisition. DELIVERABLES • 60 Percent design documents o Plans, Specifications, and Cost Estimate (.pdf) • 90 Percent design documents o Plans, Specifications, and Cost Estimate(.pdf) • Final 100 Percent design documents o Plans, Specifications, and Cost Estimate (.pdf) • Bid and Award o Contract Addenda (as required) o Bid Tabulation (if requested) o Recommendation to Award letter(if requested) • SEPA Checklist and permit applications (.pdf) PROJECT BUDGET The maximum amount payable to the Engineer for completion of work associated with this Scope of Work, including contingencies, salaries, overhead, direct non-salary costs and net fee shall be as shown on the attached Exhibit B. This amount shall not be exceeded without prior written authorization of the City. Page 22 EXHIBIT B ENGINEERING SERVICES SCOPE AND ESTIMATED COST CITY OF YAKIMA-TASK I-STORMWATER SYSTEM IMPROVEMENTS IN DOWNTOWN CITY PARKING LOTS Project Civil Engineer Structural Electrical AutoCAD Construction Professional Principal 11 Manager Ill Civil Eng. Eng. Eng.II Technician Ill Inspector Land Surveyor Field Survey Item of Work !lours Hours Hours I Hours Hours Hours Hours Hours Hours Hours 1 Project Administration R 20 2 Utility Coordination 2 8 16 8 10 3 Site Information'Topographic Survey 4 2 20 80 4 Preliminary Design 16 40 60 60 5 Final Design 60 Percent Plans,Specs,and Cost Estimate 2 20 40 50 12 40 120 90 Percent Plans,Specs,and Cost Estimate 2 10 30 40 8 20 60 100 Percent Plans,Specs and Cost Estimate 2 10 20 20 4 20 40 Stormwater Analysis and Report 2 4 20 40 20 6 Public Outreach 2 4 I0 16 16 10 7 Permit Acquisition 2 10 40 4 8 8 Quality Assurance and Quality Control 8 12 20 16 2 8 9 Bid and Award Administration 2 2 8 8 10 Prcconstruction Services 2 4 8 16 11 Contract Administration 2 16 40 80 4 4 12 Field Inspection 2 8 8 400 13 Survey Staking 2 8 8 20 80 14 Project Closeout 4 8 8 8 8 Hour Estimate: 38 132 282 428 34 124 328 400 40 160 Estimated Fully Burdened Billing Rate* $215 S215 S190 $125 $232 $185 S160 $190 $208 $105 Fully Burdened Labor Cost: $8,170 $28,380 S53,580 $53,500 S7,888 $22,940 $52,480 $76,000 S8,320 $16,800 Total Fully Burdened Labor Cost $ 328,058 Direct Non-Salary Cost. Mileage&Expenses(Mileage @ current IRS rate) $ 1,942 TOTAL ESTIMATED COST: $ 330,000 * Actual labor cost will be based on each employee's actual rate Estimated rates are for determining total estimated cost only Fully burdened billing rates include direct salary cost,overhead,and profit. (No.cmbor 21 20241 Page 24 EXHIBIT C SCHEDULE OF SPECIFIC HOURLY RATES Years 2024-2028 Description 2024 2025 2026 2027 2028 Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate Principal Ill $265.00 $278.25 $292.16 $306.77 $322.11 Principal II $215.00 $225.75 $237.04 $248.89 $261.33 Principal I $175.00 $183.75 $192.94 $202.58 $212.71 Project Manager $265.00 $278.25 $292.16 $306.77 $322.11 Structural Engineer $232.00 $243.60 $255.78 $268.57 $282.00 Project Engineer $200.00 $210.00 $220.50 $231.53 $243.10 Civil Engineer III $190.00 $199.50 $209.48 $219.95 $230.95 Civil Engineer II $155.00 $162.75 $170.89 $179.43 $188.40 Civil Engineer I $125.00 $131.25 $137.81 $144.70 $151.94 Electrical Engineer II $232.00 $243.60 $255.78 $268.57 $282.00 Electrical Engineer I $185.00 $194.25 $203.96 $214.16 $224.87 Environmental Technician $185.00 $194.25 $203.96 $214.16 $224.87 AutoCAD Technician IV $180.00 $189.00 $198.45 $208.37 $218.79 AutoCAD Technician III $160.00 $168.00 $176.40 $185.22 $194.48 AutoCAD Technician II $130.00 $136.50 $143.33 $150.49 $158.02 AutoCAD Technician I $110.00 $115.50 $121.28 $127.34 $133 71 Professional Land $208.00 $218.40 $229.32 $240.79 $252.83 Surveyor Field Surveyor II $140.00 $147.00 $154.35 $162.07 $170.17 Field Surveyor I $105.00 $110.25 $115.76 $121.55 $127.63 Construction Inspector $190.00 $199.50 $209.48 $219.95 $230.95 NOTE: Subconsultants will be identified on a task-by-task basis and will be invoiced at cost plus a 10% overhead fee. AFRO® DATE(MMIDDIYYYY) /� CERTIFICATE OF LIABILITY INSURANCE 11/21/2024 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,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME. Allison Barga AssuredPartners Design Professionals Insurance Services, LLC PHONE FAX 3697 Mt. Diablo Blvd, Suite 230 (A/C.No.Eat):360-626-2007 (A/c.No 360-626-2007 Lafayette CA 94549 ADDRESS• allison.bargaaassuredpartners.com INSURER(S)AFFORDING COVERAGE NAIC• License#.6003745 INSURER A•The Travelers Indemnity Company of Connecticut 25682 INSURED 4 INSURER B•Travelers Property Casualty Company of America 25674 Gr1130 Rainier Avenuee Inc INSURER C•Travelers Casualty and Surety Company 19038 1130 South, Suite 300 Seattle WA 98144 INSURER D. INSURER E. INSURER F• COVERAGES CERTIFICATE NUMBER:1199989440 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y Y 6808N74449A 9/10/2024 9/10/2025 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person) $10,000 X Separation Insds PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $2,000,000 POLICY X JE f LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER $ A AUTOMOBILE LIABILITY Y Y BA8P536892 9/10/2024 9/10/2025 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ B X UMBRELLA LIAB X OCCUR V Y CUP8N747012 9/10/2024 9/10/2025 EACH OCCURRENCE $4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $4,000,000 DED X RETENTIONS 10,0n0 $ A WORKERS COMPENSATION 6808N74449A 9/10/2024 9/10/2025 PER XERH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER WA Stop Gap ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E L EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E L DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $1,000,000 C Professional Liab.Claims Made 105339819 9/10/2024 9/10/2025 $5,000,000 Per Claim Pollution Liab:Occurrence Form $5,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Umbrella Policy is follow form to its underlying Policies.General Liability/Auto Liability/Employers Liability Project#SW2832,Stormwater Engineering Services Multi Year(2024-2028) City of Yakima,Washington,its elected and appointed officials,officers,agents,employees and volunteers are additional insureds per the attached.General Liability is Primary/Non-Contributory per the attached. Insurance coverage includes waiver of subrogation per the attached endorsement(s).30 days Notice of Cancellation per the attached. CERTIFICATE HOLDER 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. City of Yakima,Washington 180 Iron Horse Ct AUTHORIZED REPRESENTATIVE Yakima WA 98901 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy: BA8P536892 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who between you and that person or organization, that is Is An Insured, of SECTION II — COVERED AUTOS signed by you before the "bodily injury" or "property LIABILITY COVERAGE in the BUSINESS AUTO damage" occurs and that is in effect during the policy COVERAGE FORM and Paragraph e. in A.1., Who Is period, to name as an additional insured for Covered An Insured, of SECTION II — COVERED AUTOS Autos Liability Coverage, but only for damages to LIABILITY COVERAGE in the MOTOR CARRIER which this insurance applies and only to the extent of COVERAGE FORM, whichever Coverage Form is that person's or organization's liability for the conduct part of your policy: of another"insured". This includes any person or organization who you are required under a written contract or agreement CA T4 37 02 16 ©2016 The Travelers Indemnity Company All rights reserved. Page 1 of 1 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident" or "loss", provided that the CONDITIONS Section: "accident" or "loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent CA T3 40 02 15 ©2015 The Travelers Indemnity Compa fly All rights reserved. Page 1 of 1 Policy# 6808N74449A COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II —WHO IS h. This insurance does not apply to "bodily AN INSURED: injury" or "property damage" caused by "your Any person or organization that you agree in a work" and included in the "products- "written contract requiring insurance" to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: "written contract requiring insurance" specifically requires you to provide such a. Only with respect to liability for "bodily injury", coverage for that additional insured, and then "property damage" or"personal injury"; and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage" that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period, whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV — COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization; or The insurance provided to the additional insured d. For "bodily injury", "property damage" or is excess over any valid and collectible other "personal injury" for which such person or insurance, whether primary, excess, contingent or organization has assumed liability in a on any other basis, that is available to the additional insured for a loss we cover. However, if contract or agreement. you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part must apply on a primary basis or a primary and e. This insurance does not apply on any basis to non-contributory basis, this insurance is primary any person or organization for which to other insurance available to the additional coverage as an additional insured specifically insured which covers that person or organizations is added by another endorsement to this as a named insured for such loss, and we will not Coverage Part. share with the other insurance, provided that: f. This insurance does not apply to the rendering of or failure to render any (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and "professional services". In the event that the of Insurance of the (2) The "personal injury" for which coverage is g Limitssought arises out of an offense committed; Coverage Part shown in the Declarations exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc.,with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION IV — COMMERCIAL GENERAL "Written contract requiring insurance" means that LIABILITY CONDITIONS: part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property provided that the "bodily injury" and "property damage" or "personal injury" arising out of "your damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done caused by an offense committed: under a "written contract requiring insurance" with that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with effect; and such person or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "property damage" occurs, or the "personal injury" offense is committed. Page 2 of 2 ©2015 The Travelers Indemnity Company.All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc,with its permission • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.H. For Meeting of: January 7, 2025 ITEM TITLE: Resolution authorizing a professional services agreement with Gray & Osborne, Inc. to provide engineering services for the Yakima Stormwater System including Task No. 1 Stormwater System Improvements in Downtown City Parking Lots SUBMITTED BY: Scott Schafer, Director of Public Works * Mike Price, Wastewater/Stormwater Manager SUMMARY EXPLANATION: This is a resolution authorizing a multi-year (2024 - 2028) Agreement with Gray & Osborne, Inc. for stormwater collection system design and engineering services. The contract contains all of the requirements and obligations that must be met for subsequent Task Orders. The Stormwater Division will submit Task Orders for City Council approval for each project that requires design and engineering services. The projects are identified from the Stormwater Division's Icom Infrastructure Asset Management Program and/or the current Stormwater Collections System Master Plan. The terms of the Agreement would be in an amount not to exceed One Million Dollars ($1,000,000) for the term of the contract. The City used the Municipal Research and Services Center (MRSC) of Washington Roster, a statewide small works and consultants roster system, followed by a competitive selection process, in selecting Gray & Osborne, Inc. to provide the engineering services. The first Task Order No. 1 under the Agreement is for engineering, design, plan and bid preparation and services during construction for drainage improvements at the four downtown City parking lots shown on the attached Project Location Map. The terms of Task No. 1 would be in an amount not to exceed Three-Hundred and Thirty Thousand Dollars ($330,000). The Agreement, including Task No. 1 EXHIBIT A- SCOPE OF WORK, EXHIBIT B - ENGINEERING SERVICES AND ESTIMATED COST, and EXHIBIT C - SCHEDULE OF SPECIFIC HOURLY RATES is attached for City Council review. Funds are budgeted from Stormwater Capital Fund 442. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Thriving Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution Agreement.pdf Wastewater / Stormwater Division 2220 E. Viola Avenue Yakima, WA 98901 MEMORANDUM Date: February 24, 2025 To: Victoria Baker, City Manager From: Mike Price, Wastewater/Stormwater Manager RE: Stormwater Engineering Services Multi -Year (2024-2028) Engineering Service Contract Project No. SW2832, Task Order No. 2 Stormwater System Spot Improvements Dear Vicki, Attached for your consideration and approval is Task Order No. 2 for engineering services under City of Yakima Contract No. 2025-002 approved through Resolution R-2025-004 along with Task Order No. 1 on January 8, 2025. The table below is for your refence to consider allocating the requested amount of $295,000.00 for Task Order No. 2 that will address localized flooding issues and drainage improvements at multiple locations within the city limits. Original Contract Amount Task Order I Amount S 1,000,000.00 $330,000.00 Task Order II Amount $295,000.00 Total Allocations Remaining Balance Thank you for your consideration. Sincerely, Mike Price, Wastewater/Stormwater Manager City of Yakima Professional Services Stormwater Engineering Services Multi Year (2024-2028) Task Order Number 2 Project No. SW2832 Task Title Stormwater System Spot Improvements Effective Date of Authorization Upon execution of this Task Order Authorization, and effective as of the date shown above, the parties agree that Gray & Osbome, Inc. (Consultant) shall perform the following services: SCOPE OF SERVICES Objective: Complete design and construction engineering services needed for bidding and construction stormwater improvements at several locations throughout the City. See the attached Scope of Work. Work Products: See Attached Scope of Work. Assumptions: See Attached Scope of Work Estimated Cost: See attached Exhibit B — Estimated Cost GENERAL TERMS AND CONDITIONS Consultant's services shall be govemed by the Agreement for Professional Services Contract dated January 8, 2025 and its amendments, together with this Task Order Authorization and any Exhibits attached hereto. CITY OF YAft Sign Title Victoria Baker, City Manager GRAY & OSBORNE, INC. Signature Title President Date 2/20/25 Task Order No. 2 Page 1 of 12 EXHIBIT A SCOPE OF WORK CITY OF YAKIMA STO ' ATER SYSTEM SPOT IMPROVEMENTS PROJECT UNDERSTANDING This Scope of Work presents the professional engineering services requested by the City of Yakima for the design and contract administration services related to the stormwater improvements at the following locations: • Intersection at Barge Street and Gilbert Drive. • North side of Washington Avenue, west of 1st Street along Taco Bell property. • Between North 5th Avenue and North 4th Avenue, south side of Fairbanks Avenue. - • South side of Chestnut Avenue at intersections of Henry Avenue and Arthur Boulevard. • Unknown street north east area of Yakima County Jail facility. • Replace manhole four at locations to be determined. • Dig spot repairs four at locations to be determined. • Improve drainage at Oak Street and North 1st Street, connect catch basin on Oak Street to storm system on North 1st Street. • South 7" Avenue and Peach Street replace UICs and some sidewalk. • Abandon approximately 000 feet of DID 44 bet en 20th Avenue and 24th Avenue (Tahoma Cemetery area) by installing a ITIC along 24" Avenue to capture the runoff going into the ex. CBs just south of Mead Avenue. • Alley between North 3rd Street and North 4th Street from Staff Sgt Pendleton Way to East Martin Luther King Jr. Boulevard. • 10th Street and Fair Avenue intersection (curb and gutter replacement to improve drainage). • Bonnie Doon at intersections 17th Avenue and 16th Avenue (curb and gutter replacement between intersections). • 913 South 33'd Avenue (curb and gutter replacement). • Adams Street from 8" Street to the north approximately 150 feet (curb and gutter replacement) • 211 East Yakima Avenue west side on 3`d Street (curb and gutter replacement). Task Order No. 2 Page 2 of 12 Proposed improvements may also include repaving surfaces to promote drainage and surface restoration, curb replacement, installation of storm drainage structures and piping, construction of UIC facilities, and/or constructing storm improvements to provide storage and treatment of runoff prior to conveyance into the existing storm sewer. SCOPE OF WORK The following Scope of Work provides a summary of services that will be completed to prepare the predesign report. Task 1 — Project Administration Objective: Provide overall project management services including: A. Project staff and subconsultant management. B. Implementation of the quality control program. C. Control of the project budget and schedule. D. Coordination with the City. Task 2 — Utility Coordination Objective: Acquire data on existing utilities within the project vicinity. A. Solicit record drawings and/or as-builts as may be available from existing purveyors of record. B. G&O will request that utilities be marked through the 1-CALL system prior to survey. Any marked utilities will be shown on the plans. Task 3 — Site Information Objective: Prepare a map that documents the existing conditions of the locations: A. Acquire public records of survey, plat maps, and assessor maps to determine the approximate locations of property boundaries. B. Establish vertical and horizontal control for survey and mapping at a scale of 1-inch equals 20-feet horizontal and 1-inch equals 1-foot vertical. C. Perform a topographic survey of the locations. Topographic data including the roadway features, marked existing utilities, and surface elevations will be collected and mapped. Field survey will be performed to establish Task Order No. 2 Page 3 of 12 vertical and horizontal control and key elevations for ADA compliance (if necessary). An aerial drone survey of each location may be completed to obtain more survey and aerial photographs of the sites. D. Prepare a b map in an AutoC * format that shows the existing features that 8,vere surveyed The b. - map will also include existing ground contours and the approximate locations of property boundaries and any easements. Task 4 — Define Design Component Requirements Objective: Complete a preliminary design consisting of site plans for each location for City review and comment. A. Prepare a site plan for each location. The site plans may include locations of roadway features, landscaping, and known utilities. B. Delineate the tributary area for stormwater to the project site. Prepare a hydraulic model/calculations based on the tributary area, if needed. C. Use the hydraulic model results to analyze the required size of the conveyance and/or treatment facilities, if needed. D. Identify any permits that will be required as part of the construction. E. Prepare an Engineer's Estimate of Probable Construction Costs for each of the locations. F. Meet with the City to discuss preferences and receive comments on preliminary site plans. G. Incorporate any City comments and provide revised site plans as needed. Task 5 — Prepare Plans, Specifications and Cost Estimates Objective: Prepare project drawings, specifications, and cost estimates for the overall project at the 60 percent, 90 percent, and 100 percent level. It is assumed that the site improvements desired by the City will be combined into one construction contract, consisting of separate schedules if desired. A. Prepare project drawings, specifications, and cost estimate in City approved format. The Plans and Specifications will be prepared with reference to the WSDOT 2025 Standards Specifications for Road, Bridge, and Municipal Construction, MUTCD, AASHTO Manual guidelines, and Department of Ecology (DOE) design criteria, and City design standards, Task Order No. 2 Page 4 of 12 as applicable. Where conflicts exist between standards, the City will provide direction or request the Consultant's recommendation. B. Prepare construction cost estimates for the work at the conceptual, 60%, 90 percent, and 100 percent design levels. C. Conduct reviews of the Plans and Specifications with the City at the conceptual, 60 percent, and 90 percent design levels. D. Conduct a hydraulic analysis based on review of survey data acquired for this project, and contour maps and surface water comprehensive maps and plans provided by City. This analysis shall be used to develop hydraulic data to determine BMP sizing and catch basin spacing, pipe size, and slope recommendations for collection within the City's existing stormwater system (within project areas). E. Prepare and submit permits and approval applications prior to completion of design. The City agrees to be the applicant on all permit applications. The City will pay any permit and approval review fees. F. Perform in-house quality assurance and quality control (QA/QC) reviews of all Gray & Osborne generated documents by senior staff members. The project management task covers this administrative activity. Task 7 Permit Acquisition Objective: Gray & Osborne will provide support required to obtain permits necessary to facilitate construction of the project. A. Prepare and submit any required City permits including right-of-way, grading, drainage, and building permits as required by the City. B. Prepare traffic control plans as required by the City. Task 8 — Quality Assurance/Quality Control Objective: Oversee three, in-house, quality assurance/quality control (QA/QC) meetings at G&O's office during the course of the project. The meetings will include senior project staff, selected design team members, and City staff (as required and/or desired). A. Internal (G&O) QA/QC meetings will take place prior to the following design submittals: 1. Conceptual Submittal; 2. 60 Percent Submittal; Task Order No. 2 Page 5 of 12 3. 90 Percent Submittal; 4. 100 Percent Submittal. B. Ensure incorporation of relevant recommendations and suggestions into bid/construction documents resulting from QA/QC reviews. Task 9 — Bid and Award Administration Services Assist the City during the bid and award of the project. A. Assist with advertisement of the project in accordance with City standards. B. Review and respond to Contractor questions during the advertisement period. C. Prepare contract addenda (as required). D. Conduct Bid Opening (as required). E. Review bids, review contractor qualifications, and prepare bid tabulation. F. Provide a Recommendation to Award Letter to the City. Task 10 — Preconstruction Services A. Organize and lead the preconstruction conference and issue a formal Notice to Proceed. Review Contractor's schedule, and provide comments to Contractor and Agency as applicable. Task 11 — Contract Administration A. Provide submittal review; update and manage the submittal log 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. B. Track, review and evaluate Request for Information (RFI) from Contractor. Manage responses to RFIs. C. Subcontractor tracking; review of requests to sublet, statement of intent to pay prevailing wages. Task Order No. 2 Page 6 of 12 D. Prepare monthly progress (pay) estimates and review with Contractor and City. E. Prepare up to a total of four change order& Represent the City's interest in negotiation of change orders with the Contractor Provide independent estimate and record quantity measurements of material, equipment, and manpower for determining costs for change orders. Prepare chaitge orders for execution by the City and Contractor subject to approval of the City. 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). F. Conduct weekly construction meetings with the Project Manager, the Contractor, City's representative, utility companies, and other stakeholders deemed necessary to help facilitate construction and construction coordination. G. At substantial completion, coordinate with the City, prepare a punchlist of items to be completed or corrected. H. Coordinate final walk-thru of the project with the City, and Contractor, prior to recommending project acceptance. 1. Provide copies of all project paperwork to the City. Task 12 — Field Inspection A. Provide full-time on -site inspection services to observe the progress of the work and determine, whether the work is proceeding in accordance with the Contract Documents and notify Contractor of non-compliance. This agreement assumes a total of 360 inspection hours will be required over 45 working days. B. Review means and methods employed by Contractor and materials delivered to the site. Provide field documentation to include: Inspector's Daily Report, Weekly Quantity Reports, Weekly Working Day Reports, and Daily Report of Force Account Worked, and other pertinent documentation. Confirm quantities for payment with Contractor in the field and document in Daily Report. Task 13 — Survey Staking A. Provide control points as shown in the Plans to allow for construction staking. Task Order No. 2 Page 7 of 12 B. Provide one-time construction staking for: 1. Clearing limits; 2. Sawcut locations; 3. Storm drainage and piping; 4. Top back of curb (or other curb location as requested by the Contractor). Task 14 — 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 if requested. Task 15 — Geotechnical Investigation A. Subcontract and coordinate geotechnical work with a qualified and licensed geotechnical firm (PanGEO, Inc.). B. Review and comment on subconsultant submittals. C. Provide these additional services via a geotechnical subconsultant. Site Reconnaissance — Subconsultant will conduct a reconnaissance for each project location including a visual inspection of the existing site conditions. During the reconnaissance, subconsultant will mark test boring locations for utility locates. Subconsultant will coordinate the test pit locations with the City and Gray & Osborne. After completion of our site reconnaissance, Subconsultant will prepare an exploration plan for review prior to the test pit excavation. 2. Subsurface Explorations — Drill one test boring at up to eight LTIC well evaluation sites. For planning purposes, each test boring will be advanced to about 20 feet below grade. Standard Penetration Tests will be performed immediately below the pavement, at 2-1/2 and at 5 foot in each test boring to obtain soil samples. Each of the test borings will be developed with a standpipe piezometer to allow for monitoring groundwater levels. The test borings will be backfilled and patched with cold -mix asphalt. Excessive soil cuttings from the test borings will be removed from the site, assuming that the site soils are not contaminated. It is anticipated that at least three test borings/monitoring wells can be installed per day and all test Task Order No. 2 Page 8 of 12 borings/monitoring wells will be completed in a 3-day penod (one mobilization of drill rig). 3. Groundwater Monitoring — Groundwater levels in the well will be monitored using electronic pressure transducers/data loggers and data will periodically be retrieved. The groundwater data will be summarized and presented graphically. For budgeting purposes, we included two trips to retrieve groundwater monitoring data. 4. Laboratory Testing Select soil samples for grain size analysis, organic matter content, and cation exchange capacity testing. The test results will be used to evaluate the infiltration and treatment potential of the soils based on the methodology outlined in the current Stormwater Management Manual for Eastem Washington design manual. No in -situ infiltration tests are included in this scope of work. For cost estimating purposes, we have budgeted for 12 grain size analyses, 12 organic content tests, and 12 cation exchange capacity (CEC) tests. 5. Engineering and Report —Perform engineering analysis based on the results of our field exploration and laboratory test program. A draft report will be prepared and submitted to the project team, and the report will be finalized after we receive review comments from the project team. The report will summarize the results of our geotechnical study, and in general will include the following: a. A site map showing the approximate locations of our test borings; Summary description of the existing pavement thickness, subsurface conditions (soil and groundwater), and summary test boring logs; c. Summary of laboratory test results (grain size distribution, organic content, and CEC); d. Determination of vadose zone treatment capacity based on Table 5.21 of the Stormwater Management Manual for Eastern Washington; e. Estimated infiltration rates based on the grain size analysis methodology described in the Department of Ecology's Stormwater Management Manual for Eastern Washington (WSDOE, 2024); f. Earthwork recommendations including the suitability of the site soils for use as structural fill, temporary excavation slope recommendations, and general earthwork discussions. Task Order No. 2 Page 9 of 12 6. Post Report Consultation - Subconsultant will provide post report consultation on an as -needed basis ASSUMPTIONS This scope of work and is based on the following assumptions. 1. The City will provide a timely review of all engineering submittals 2. No right-of-way or easements are required. 3. Specifications will be in WSDOT format. 4. The City of Yakima will pay any associated project permit fees. 5. The City of Yakima will be billed directly for the bid advertisement. SERVICES NOT INCLUDED 1. Any special permits or regulatory approvals not specifically described in this Scope of Work. 2. Any work associated with rectifying discrepancies in rights -of -way, record surveys, easements, plat maps, etc. 3. Any work associated with real estate, right-of-way, and easement acquisition. DELIVE ' BLES 60 Percent design documents o Plans, Specifications, and Cost Estimate (.pdf) 90 Percent design documents o Plans, Specifications, and Cost Estimate (.pdf) Final 100 Percent design documents o Plans, Specifications, and Cost Estimate (.pdf) Task Order No. 2 Page 10 of 12 • Bid and Award o Contract Addenda (as required) o Bid Tabulation (if requested) o Recommendation to Award letter (if requested) SEPA Checklist and permit applications (.pdf) PROJECT BUDGET The maximum amount payable to the Engineer for completion of work associated with this Scope of Work, including contingencies, salaries, overhead, direct non -salary costs and net fee shall be as shown on the attached Exhibit B. This amount shall not be exceeded without prior written authorization of the City. Task Order No. 2 Page 11 of 12 EXHIBIT B CITY OF YAKIMA - STOILVIWATER SYSTEM SPOT IMPROVEMENTS - TASK ORDER 2 co t 0.1 C.6 co • N EA t a .3 tat ' , C.) N C•1 N rrt oc 0'0'er 0 8 ec,-, ,., S... s , tri In a o m N CD FA CA ' ‘,0 ‘,0._.,,..0.... s.0. 00C) oc cc cc , EA= •,71. •cr :01‘°00 r, 1 N eh el— 00 EA ••••• -4, EA CA N 0000 ?S oc LI 00 00 TOTAL ESTIMATED COST: CV N 0 W o '4c F - 2° 4.1 oo 0) 09 3 0 13 o0 0 00 a 4, 4, -0 00 00 t. F- 6. 3 -6 21 -04 .‹ 8