HomeMy WebLinkAboutR-2016-065 Funding Agreement with WSDOT for the Cowiche Canyon Trail Project" Washington State
YAW Department of Transportation
Local Programs State Funding
Agreement
Work by Public
Agencies
Agency and Address
City of Yakima
129 N. 2nd Street
Yakima, WA 98901
Agreement Number
,, yt� 8V6
Arexisting
Maximum Amount Authorized
$2,000,000.00
Location and Description of Work (See also Exhibit "A")
This project will construct a 10 -foot wide pathway from Powerhouse Rd. to the
Cowiche Canyon Trail Parking Lot. The pathway will generally follow
the alignment of the former BNSF railway, with portions of the pathway being
constructed adjacent to Cowiche Canyon Road. The project will include
construction of two pedestrian bridges across Cowiche Creek.
Participating Percentage
1004.3.0
Project NumberPD2,y,
tALP'' 1q911
-
This AGREEMENT is made and entered into this
day of "` Fen l2" , of ` ,
between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation,
hereinafter called the "STATE," and the above named organization, hereinafter called the "AGENCY "
WHEREAS, the AGENCY is planning the work shown above, and in connection therewith, the AGENCY has requested financial
assistance for the project or program, and
WHEREAS, the AGENCY has requested funds for the above shown project or program, which has been selected by the
STATE for funding assistance
NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and
incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS
Type of Work
Estimate
of Funding
(2)
Estimated Agency
Funds
(3)
Estimated
State Funds
(1)
Estimated Total
Project Funds
PEa. Agency
38,000.00
160,000.00
S� O o0
t (s 2 000
b Other Consultant
c. Other
d State
2,000 00
2, 0O
e Total PE Cost Estimate (a+b+c+d)
200,000.00
Z. 0 0, 0 0 0
Right of Way f Agency
g. Other
h Other
i State
1 Total R/W Cost Estimate (f+q+h+i)
Construction k. Contract
I Other
m Other
n Other
o Agency
p State
q Total CN Cost Estimate (k+l+m+n+o+p)
r. Total Project Cost Estimate (e+j--q)
200,000.00
2 06, 0 0 0
DOT Form 140-087
Revised 03/2015
General
•
ji',eAGENCY agrees to perform the above described work in accordance
with the Project Application attached hereto as "Exhibit A" and made a
part of this AGREEMENT
Plans, specifications, and cost estimates shall be prepared by the
AGENCY in accordance with the current State of Washington Standard
Specifications for Road, Bridge, and Municipal Construction and adopted
design standards, unless otherwise noted The AGENCY will incorporate
the plans and specifications into the AGENCY's project and thereafter
advertise the resulting project for bid and, assuming bids are received and
a contract is awarded, administer the contract, or if the project is of a size
which the AGENCY is authorized to perform with its own forces under the
laws of the State of Washington, the AGENCY may proceed with its own
forces.
All work performed under this AGREEMENT shall comply with the
applicable provisions of state law
11
Payment
The STATE, in consideration of the faithful performance of the work to be
performed by the AGENCY, agrees to reimburse the AGENCY for the
percentage of the actual direct and related indirect cost of the work shown
above, up to the "MAXIMUM AMOUNT AUTHORIZED" The agency will
comply with Governmental Accounting Auditing and Financial Reporting
Standards and applicable state law and local regulations, policies and
procedures. No payment will be made for work done prior to execution of
this AGREEMENT
Partial payments shall be made by the STATE, upon request of the
AGENCY, to cover costs incurred. These payments are not to be more
frequent than one (1) per month. It is agreed that any such partial
payment will not constitute agreement as to the appropriateness of any
item and that, at the time of the final audit, all required adjustments will be
made and reflected in a final payment. The AGENCY agrees to submit a
final bill to the STATE within forty-five (45) days after the AGENCY has
completed work.
The AGENCY agrees that all costs in excess of the amount authorized
and the AGENCY's matching funds shall be the responsibility of the
AGENCY
III
Audit
The AGENCY agrees that an audit may be conducted by the STATE.
During the progress of the work and for a period not less than three (3)
years from the date of final payment to the AGENCY, the records and
accounts pertaining to the work and accounting thereof are to be kept
available for inspection and audit by the STATE and copies of all records,
accounts, documents, or other data pertaining to the project will be
furnished upon request. If any litigation, claim, or audit is commenced,
the records and accounts along with supporting documentation shall be
retained until all litigation, claim, or audit finding has been resolved even
though such litigation, claim, or audit continues past the three-year
retention period
IV
Legal Relations
No liability shall attach to the AGENCY or the STATE by reason of
entering into this AGREEMENT except as expressly provided herein.
V
Nondiscrimination
The AGENCY agrees to comply with all applicable state and federal laws,
rules, and regulations pertaining to nondiscrimination and agrees to
require the same of all subcontractors providing services or performing
any work using funds provided under this AGREEMENT
VI
Venue
For the convenience of the parties to this AGREEMENT, it is agreed that
any claims and/or causes of action which the AGENCY has against the
STATE, growing out of this AGREEMENT or the project or program with
which it is concerned, shall be brought only in the Superior Court for
Thurston County
VII
Termination
The Secretary of the Department of Transportation may terminate this
AGREEMENT if the funding becomes unavailable or if the Secretary
determines that it is in the best interest of the STATE.
VIII
Final Report and Final Inspection
Within ninety (90) days following the completion of the project and
submission of the final billing for the project, a final report and/or final
inspection shall be submitted to the Director, Highways & Local Programs
containing the following information.
Non -Capital Proiects
1 A description of the project or program
2. A summary of actual costs of the project or program.
3 An evaluation of the project or program. This should address
aspects such as transportation and/or other benefits to the public.
Capital Projects
1 A final inspection is required
IX
Supplement
This agreement may be modified or supplemented only in writing by both
parties
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day and year last written below
AGENCY
By
Title City Manager
Date / ZG 1 (rte
CITY CONTRACT NO: 02O/(o o/
RESOLUTION NO: g- 2 9j -0625'
DOT Form 140-087
Revised 03/2015
STATE
By.
Date
Dire or, Local Programs
SEP 2 3 2016
Project Scope, Schedule & Budget
Agency:
Title:
City of Yakima
Cowiche Canyon Trail
Begin Termini:
Description of
Work:
State Award:
$2,000,000
Powerhouse Road End Termini: ICowiche Canyon Trail Parking Lot
This project will construct a 10 -foot wide pathway from Powerhouse Road to the existing Cowiche
Canyon Trail Parking Lot. The pathway will generally follow the alignment of the former BNSF
railway, with portions of the pathway being constructed adjacent to the Cowiche Canyon Road. The
project will include construction of two pedestrian bridges across Cowiche Creek.
PROJECT BUDGET
Estimated Project Costs
State $
PE
RW
CN
Total
Total $
145,000
145,000
105,000
105,000
1,750,000
1,750,000
2,000,000
2,000,000
Estimated Biennial State Expenditures
15-17 17-19
19-21
21-23
23-25
25-27
27-29
29-31
200,000 1,800,000
PROJECT SCHEDULE
Planned milestone dates by month and year.
Design Start
January, 2016
NEPA/SEPA Kick Off
April, 2016
Environmental Documents
November, 2016
Right -of -Way Start
December, 2016
Right -of -Way Complete
July, 2017
Geometric/30% Design
September, 2019
Advertisement
December, 2019
Contract Awarded
February, 2020
Open to Public
December, 2020
Total
$2,000,000
eWashington State
r Department of Transportation
Mr. Brett Sheffield
Chief Engineer
City of Yakima
2301 Fruitvale Boulevard
Yakima, Washington 98901
Dear Mr Shefif eld:
September 29, 2016
2143o
Transportation Building
310 Maple Park Avenue S.E.
PO Box 47300
Olympia, WA 98504-7300
360-705-7000
TTY -1-800-833-6388
www wsdot.wa.gov
City of Yakima
Cowiche CanyOilt
HLP -1485(024)
2015-17 New Law — Connecting Washington
Tiered Pedestrian & Bicycle Safety
The above project has received fund authorization, effective September 23, 2016, as
follows:
PHASE
Preliminary Engineering
TOTAL
$200,000
STATE SHARE
$200,000
Enclosed for your information and file is a fully executed copy of Local Programs
State Funding Agreement LA -8968 between the state and your agency. All costs
exceeding those shown on this agreement are the sole responsibility of your agency.
All future correspondence relating to the project is to be submitted to your Region
Local Programs Engineer, Roger Arms at (509) 577-1780.
Sincerely,
Stephanie Tax
Manager, Program Management
Local Programs
ST:jg:ac
Enclosures
cc: Roger Arms, South Central Region Local Programs Engineer
V71Washington State
Department of Transportation
Local Agene9 ederal Aid
Project Prospectus
DOT Form 140-101
Revised 04/2015
• Previous Editions Obsolete •
Page 1
v) Date
8/25/2016
Prefix
Route
( )
ll
N niber>
/,----
07-821-2651
Federal AidDl7N
Project Number
Federal Emtoyer
Tax ID Number
91-6001293
Local Agency
Project Number
2430
(WSDOT 1
`Use Only
Agency ICA
City of Yakima 0
Agency
Yes
•
No
Federal
0
Program
20.205 •
Title
Other
Project Title
Cowiche Canyon Trail
Start Latitude N 46 37'31"
Start Longitude W 120 35'01"
End Latitude N 46 37'20"
End Longitude W 120 36'53"
Project Termini From - To
Powerhouse Road Cowiche Canyon Trailhead
Nearest City Name
Yakima
Project Zip Code (+ 4)
98902
Begin Mile Post
End Mile Post
Length of Project
1.96 miles
Award Type
0 Local
•
Local Forces
• State
•
Railroad
Route ID
N/A
Begin Mile Point
N/A
End Mile Point
N/A
City Number
1485
County Number
39
County Name
Yakima
WSDOT Region
South Central Region
Legislative District(s)
14
Congressional District(s)
4
Urban Area Number
5
..u. mo �4
:
JI'(' �r
.Phase "'
�=Q sw
.,.
.;.F ?T'-�.NS?. �%M1?^ k`.''v�.�%..
Total 9 dux
y z K'i4z'1t' y ;. -
. ,,,, stimated°'Cost ;
- � - rP
'_ (Nearest;HbridredaD611ar) e _.,,,.:.
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.rr Opal 495.99, r pp
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" Federal.Furids p..s
� ,. `i41� : ,.
_,,ry - (NearestqHundred Dollar)L?
...
[4 ;'Ei;it kms'';4'Kr
Phase:Start
K"'rc
� Date rt �
,�_ ;Month; Year i
P E.
$200,000
$200,000
October 2016
R/W
$105,000
$105,000
July, 2018
Const.
$1,695,000
$1,695,000
April, 2019
Total
$2,000,000
$2,000,000
,rw...- $vT"h4t'�'° ' ::-- �N^.`.`^::.'r" 'ak:'`Jt.^:t',.., ws.S'runui-,+-+raLva.' : ' .:' n.°7 .�.c__r a t' -z,� Y # ` _ 'y _aDia.; - ..i? r.., ,,s _ ;^ . acY �; x ,.S.
iN..... P..'w3�.Fn"... .i��FX! -.Ii FP'.ID'.,'£.::".:]f.�,",'�e'L. .�' '4�+,f 'A"•6.�F�i.. � � '��'.i*. �
`Descri tonof:Existin `'Facile (ExstinnDesi n; *''Y
p g. ty 9_ g .and'PresentCondttlon).�����.. ;✓ry�.r;`==;.��s=�- ��'�� ��_,
Roadway Width
N/A
Number of Lanes
N/A
Currently, there is not an existing trail. Portions of the proposed trail will be constructed on existing rail bed, other portions will
be constructed adjacent to Cowiche Canyon Road, and other portions will be constructed parallel to Cowiche Creek.
-- '�'.' -_ fi' ..Y,: �: � N�`Y: �sr5. :- .•;r��"�i -z:--- �+e�"`sski� -f V`c�:-a••.� .{.;'�.�`R�....d...'_.:J: =;�: .�`l}G 'ai^9•'-'
'ptiL.F.. ,....� - .�. ... . - ' n . s�-`xta.': '�,�' �,a.+vad-:
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ff'hiG r �="''.A5-N
Description of Proposed Work (Attach additional sheet(s) if necessary)
This project will construct a 10 -foot wide pathway from Powerhouse Road to the existing Cowiche Canyon Trail Parking Lot.
The pathway will generally follow the alignment of the former BNSF railway, with portions of the pathway being constructed
adjacent to Cowiche Canyon Road. The project will include construction of two pedestrian bridges across Cowiche Creek.
Local Agency Contact Person
Brett H. Sheffield, PE
Title
Chief Engineer
Phone
509-576-6797
Mailing Address
129 N. 2nd Street
City
Yakima
State
WA
Zip Code
98901
By -tV 4A/y.t1
Project Prospectus Approval Approving Authority
Title Chief Engineer Date b—aa—l(n
DOT Form 140-101
Revised 04/2015
• Previous Editions Obsolete •
Page 1
For City of Yakima Use Only:
Contract No. --q)
Project No, ';),itt•I
Resolution No.
SOQ
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
DRAYTON ARCHAEOLOGY
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of MON.A. , 2022, by and
between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North
Second Street, Yakima, WA 98901, hereinafter referred to as "CITY", and Drayton Archaeology with its
principal office at 941 H Street, Blaine WA 98230 (mail to: PO Box 782, Blaine WA 98231-0782), hereinafter
referred to as "CONSULTANT"; said corporation is licensed and registered to do business in the State of
Washington, and will provide archaeology services under this Agreement for Cowiche Canyon Trail on
behalf of the City of Yakima, Project No. 2430, herein referred to as the "PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the CONSULTANT to provide consulting services for design
and construction of the PROJECT, as described in this Agreement and subsequent Amendments thereto;
and
WHEREAS, CONSULTANT 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 CONSULTANT 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 CONSULTANT agrees to perform those services described hereafter. Unless modified in
writing by both parties, duties of CONSULTANT shall not be construed to exceed those
services specifically set forth herein.
2.0.2 CONSULTANT shall use its best efforts to maintain continuity in personnel and shall
assign, Garth L. Baldwin as Principal -in -Charge throughout the term of this Agreement
unless other personnel are approved by the CITY.
2.1 Basic Sentices: CONSULTANT agrees to perform those tasks described in Exhibit A, entitled
"Proposal for Cultural Resource Oversight for the Cowiche Canyon Trail Project, City of Yakima,
Yakima County, Washington" (WORK) which is attached hereto and made a part of this Agreement
as if fully set forth herein.
2.2 ddftional Servico: CITY and CONSULTANT agree that not all WORK to be performed by
CONSULTANT 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 CONSULTANT to revise
portions of the PROJECT WORK previously completed in a satisfactory manner, delete portions of
the PROJECT, or request that the CONSULTANT 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 CONSULTANTS 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 accordingly.
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the CONSULTANT 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 CONSULTANT shall not perform any Additional
Services until so authorized by CITY and agreed to by the CONSULTANT in writing.
2.3 The CONSULTANT must assert any claim for adjustment in writing within thirty (30) days from the
date of the CONSULTANT's receipt of the written notification of change.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY -FURNISHED DATA: The CITY will provide to the CONSULTANT all technical data in the
CITY'S possession relating to the CONSULTANTS 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.
3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make Its facilities reasonably
accessible to CONSULTANT as required for CONSULTANT'S performance of its services and will
provide labor and safety equipment as reasonably required by CONSULTANT for such access.
3.3 TIMELY REVIEW: The CITY will examine the CONSULTANT'S studies, reports, sketches,
drawings, specifications, proposals, and other documents; obtain advice of an attomey, 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 CONSULTANT of any contractual
obligations nor of its duty to render professional services meeting the standards of care for its
profession.
3.4 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. CONSULTANT shall be entitled to reasonably rely on such instructions made
by the CITY'S Representative unless otherwise directed in writing by the CITY, but CONSULTANT
shall be responsible for bringing to the attention of the CITY'S Representative any instructions
which the CONSULTANT believes are inadequate, incomplete, or inaccurate based upon the
CONSULTANTS knowledge.
3.5 Any documents, services, and reports provided by the CITY to the CONSULTANT are available
solely as additional information to the CONSULTANT and will not relieve the CONSULTANT of its
duties and obligations under this Agreement or at law. The CONSULTANT 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 there from.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4.1 In signing this Agreement, CITY grants CONSULTANT specific authorization to proceed with
WORK described in Exhibit A. The time for completion is defined in Exhibit A, or as amended.
SECTION 5 COMPENSATION
5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services
described in Exhibit A, compensation shall be according to Exhibit C - cldu1e of Specific Hourly
Rates, attached hereto and incorporated herein by this reference, on a time spent basis plus
reimbursement for direct non -salary expenses.
Page 2
5.1.1 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 CONSULTANT'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 CONSULTANT. Estimated Direct Non -Salary Expenses
are shown in Exhibit B.
5.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the CONSULTANT 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. CONSULTANT, 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.
5.1.2 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.
5.1.3 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.
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT
shall not exceed Twenty Two Thousand Dollars ($22,000.00). The CONSULTANT will make
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 CONSULTANT is not obligated to incur costs beyond the indicated budget, as may be
adjusted, nor is the CITY obligated to pay the CONSULTANT beyond these limits. When any
budget has been increased, the CONSULTANT'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.
5.3 The CONSULTANT 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 CONSULTANT shall submit
with each invoice a summary of time expended on the PROJECT for the current billing period,
copies of subconsultant invoices, and any other supporting materials determined by the City
necessary 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 CONSULTANT promptly if any problems are noted with the invoice. CITY may question
any item in an invoice, noting to CONSULTANT the questionable item(s) and withholding payment
for such item(s). The CONSULTANT may resubmit such item(s) in a subsequent invoice together
with additional supporting information required.
Page 3
5.4 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 (61) 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 CONSULTANT pursuant to the terms of RCW
39.76.020(4).
5.5 Final payment of any balance due the CONSULTANT for PROJECT services will be made within
forty-five (45) days after satisfactory completion of the services required by this Agreement as
evidenced by written acceptance by CITY and after such audit or verification as CITY may deem
necessary and execution and delivery by the CONSULTANT 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 CONSULTANT from the operation of the release in
stated amounts to be set forth therein.
5.6 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 CONSULTANT 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 CONSULTANT to satisfactorily perform the PROJECT WORK as required under this
Agreement.
SECTION 6 RESPONSIBILITY OF CONSULTANT
6.1 The CONSULTANT shall be responsible for the professional quality, technical adequacy and
accuracy, timely completion, and the coordination of all plans, design, drawings, specifications,
reports, and other services fumished by the CONSULTANT under this Agreement. The
CONSULTANT shall, without additional compensation, correct or review any errors, omissions, or
other deficiencies in its plans, designs, drawings, specifications, reports, and other services. The
CONSULTANT shall perform its WORK according to generally accepted consulting standards of
care and consistent with achieving the PROJECT WORK within budget, on time, and in compliance
with applicable laws, regulations, and permits.
6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications, reports,
and incidental WORK or services furnished hereunder shall not in any way relieve the
CONSULTANT of responsibility for the technical adequacy, completeness, or accuracy of its
WORK and the PROJECT WORK. CITY'S review, approval, or payment for any of the services
shall not be construed to operate as a waiver of any rights under this Agreement or at law or any
cause of action arising out of the performance of this Agreement.
6.3 In performing WORK and services hereunder, the CONSULTANT 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 CONSULTANT shall not hold itself out as, nor claim to be, an officer or employee
of CITY by reason hereof and will not make any claim, demand, or application to or for any right or
privilege applicable to an officer or employee of CITY. The CONSULTANT shall be solely
responsible for any claims for wages or compensation by CONSULTANT employees, agents, and
representatives, including subconsultants and subcontractors, and shall save and hold CITY
harmless therefrom.
6.4 INDEMNIFICATION:
(a) CONSULTANT agrees to defend, indemnify, and hold harmless the CITY, its elected
and appointed officials, agents, officers, employees, and volunteers (hereinafter
"parties protected") from (1) claims, demands, liens, lawsuits, administrative and other
proceedings,(including reasonable costs and attorneys' fees) and (2) judgments,
awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind
claimed by third parties arising out of, or related to any death, injury, damage or
destruction to any person or any property to the extent caused by any negligent act,
action, default, error or omission or willful misconduct arising out of the consultant's
performance under this Agreement. In the event that any lien is placed upon the City's
Page 4
property or any of the City's officers, employees or agents as a result of the negligence
or willful misconduct of the CONSULTANT, the CONSULTANT shall at once cause
the same to be dissolved and discharged by giving bond or otherwise.
(b) CITY agrees to indemnify and hold the CONSULTANT harmless from loss, cost, or
expense of any kind claimed by third parties, including without limitation such loss, cost, or
expense resulting from injuries to persons or damages to property, caused solely by the
negligence or willful misconduct of the CITY, its employees, or agents in connection with
the PROJECT.
(c) If the negligence or willful misconduct of both the CONSULTANT and the CITY (or a person
identified above for whom each is liable) is a cause of such third party claim, the Toss, cost,
or expense shall be shared between the CONSULTANT and the CITY in proportion to their
relative degrees of negligence or willful misconduct and the right of indemnity will apply for
such proportion.
(d) Nothing contained in this Section or this Agreement shall be construed to create a liability
or a right of indemnification in any third party.
6.5 In any and all claims by an employee of the CONSULTANT, 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 CONSULTANT
or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other
employee benefit acts. The CONSULTANT specifically and expressly waives its immunity under
the Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the
CONSULTANT and the CITY.
6.6 It is understood that any consulting or inspection provided by CONSULTANT 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.
CONSULTANT does not assume responsibility for methods or appliances used by a contractor, for
a contractor's safety programs or methods, or for compliance by contractors 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 CONSULTANT'S officers,
principals, employees, agents and representatives, as additional insureds on contractor's insurance
policies covering PROJECT, exclusive of insurance for CONSULTANT professional liability.
6.7 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
CONSULTANT, to the extent that CONSULTANT has exercised the applicable and appropriate
standard of professional care and judgment in such investigations.
SECTION 7 PROJECT SCHEDULE AND BUDGET
7.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component
tasks shall be as set forth in this Agreement and attachments. The project schedule and
performance dates for the individual tasks shall be mutually agreed to by the CITY and the
CONSULTANT 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 CONSULTANT,
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 CONSULTANT which could not be reasonably
anticipated.
Page 5
7.2 Not later than the tenth (10) day of each calendar month during the performance of the PROJECT,
the CONSULTANT shall submit to the CITY'S Representative a copy of the current schedule and
a written narrative description of the WORK accomplished by the CONSULTANT 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
request of the CITY for presentation to other governmental agencies and/or to the public.
SECTION 8 REUSE OF DOCUMENTS
8.1 All intemal WORK products of the CONSULTANT are instruments or service 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 CONSULTANT, which shall not be unreasonably
withheld and will be at the CITY's sole risk. The CITY agrees to indemnify the CONSULTANT and
its officers, employees, subcontractors, and affiliated corporations from all claims, damages,
losses, and costs including, but not limited to, litigation expenses and attomey's fees arising out of
or related to such unauthorized reuse, change, or alteration; provided, however, that the
CONSULTANT will not be indemnified for such claims, damages, losses, and costs including,
without limitation, litigation expenses and attorney fees were caused by the CONSULTANT's own
negligent acts or omissions.
8.2 The CONSULTANT agrees that ownership of any 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 vested in the CITY.
8.3 All rights to patents, trademarks, copyrights, and trade secrets owned by CONSULTANT (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 CONSULTANT, and
CONSULTANT does not grant CITY any right or license to such Intellectual Property.
SECTION 9 AUDIT AND ACCESS TO RECORDS
9.1 The CONSULTANT, including its subconsultants, shall maintain books, records, documents and
other evidence directly pertinent to performance of the WORK under this Agreement in accordance
with generally accepted accounting principles and practices consistently applied. The CITY, or the
CITY'S duly authorized representative, shall have access to such books, records, documents, and
other evidence for inspection, audit, and copying for a period of three years after completion of the
PROJECT. The CITY shall also have access to such books, records, and documents during the
performance of the PROJECT WORK, if deemed necessary by the CITY, to verify the
CONSULTANT'S WORK and invoices.
9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
9.3 The CONSULTANT agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the CONSULTANT 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 written
comments, if any, of the CONSULTANT.
9.4 The CONSULTANT shall ensure that the foregoing paragraphs are included in each subcontract
for WORK on the Project.
9.5 Any charges of the CONSULTANT paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY.
9.6.1 AU records relating to CONSULTANT'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 CONSULTANT'S WORK under this Agreement must be
Page 6
retained by CONSULTANT for the minimum period of time required pursuant to the Washington
Secretary of State's records retention schedule.
SECTION 10 INSPECTION AND PRODUCTION OF RECORDS
10.1 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 CONSULTANT 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. CONSULTANT shall provide the CITY
sufficient, safe, and proper facilities and equipment for such inspection and free access to such
facilities. CONSULTANT'S records relating to the WORK will be provided to the CITY upon the
CITY'S request.
10.2 CONSULTANT 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 period
if required by law or by the Washington State Secretary of State's record retention schedule,
CONSULTANT shall retain and provide the CITY access to (and the CITY shall have the right to
examine, audit and copy) all of CONSULTANT'S books, documents, papers and records which are
related to the WORK performed by CONSULTANT under this Agreement.
10.3 An records relating to CONSULTANT'S WORK under this Agreement must be made available to
the CITY, and also produced to third parties, if required pursuant to the Washington Public Records
Act, Chapter 42.56 RCW or by law. All records relating to CONSULTANT'S WORK under this
Agreement must be retained by CONSULTANT for the minimum period of time required pursuant
to the Washington State Secretary of State's record retention schedule.
SECTION 11 INSURANCE
11.1 At all times during performance of WORK, CONSULTANT shall secure and maintain in effect
insurance to protect the CITY and the CONSULTANT from and against all claims, damages, losses,
and expenses arising out of or resulting from the performance of this Agreement. CONSULTANT
shall provide and maintain in force insurance in limits no less than that stated below, as
applicable. The CITY reserves the rights to require higher limits should it deem it necessary in the
best interest of the public. If CONSULTANT carries higher coverage limits than the limits stated
below, such higher limits shall be shown on the Certificate of Insurance and Endorsements and
CONSULTANT shall be named as an additional insured for such higher limits.
11.1.1 Commercial General Liability Insurance. Before this Agreement is fully executed by
the parties, CONSULTANT 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 Two Million Dollars ($2,000,000.00) general aggregate. The certificate
shall clearly state who the provider is, the coverage amount, the policy number, and when
the policy and provisions provided are 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.
Subcontractors: If subcontractors will be used, the same terms and limits of coverage will
apply and a certificate will be required per the instructions above. In lieu of a certificate,
contractor may provide confirmation in writing from their insurance broker that their
insurance policy does not contain a subcontract exclusion or one relating to the work of
others.
Page 7
11.1.2. Commercial Automobile Liability Insurance.
a. If CONSULTANT owns any vehicles, before this Agreement is fully executed by
the parties, CONSULTANT 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 CONSULTANT 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 11.1.1 entitled "Commercial General Liability Insurance".
c. Under either situation described above in Section 11.1.2.a. and Section 11.1.2.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 -VI' 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 Agreement is fully executed by the parties,
CONSULTANT 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 Two
Million Dollars ($2,000,000.00) 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
Agreement. 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 Agreement.
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 officers, employees, agents, and
representatives there under. The CITY and the CITY'S elected and appointed officials,
officers, principals, employees, representatives, volunteers 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.
SECTION 12 SUBCONTRACTS
12.1 CONSULTANT shall be entitled, to the extent determined appropriate by CONSULTANT, to
subcontract any portion of the WORK to be performed under this Agreement.
12.2 Any subconsultants or subcontractors to the CONSULTANT 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
Page 8
shall not constitute an approval as to the legal form or content of such subcontract. The
CONSULTANT 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 CONSULTANT subcontracting with any additional persons or firms for
the purpose of completing this Agreement.
12.4 The CONSULTANT 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.
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 CONSULTANT without prior written consent of the
other, which consent will not be unreasonably withheld. 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 CONSULTANT 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 of all disputes arising under this Agreement shall be Yakima County, State of
Washington.
SECTION 16 EQUAL. EMPLOYMENT and NONDISCRIMINATION
16.1 During the performance of this Agreement, CONSULTANT and CONSULTANT'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, or any
other classification protected under federal, state, or local law. This provision shall include but not
be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, selection for training, and the
provision of services under this Agreement. CONSULTANT 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. CONSULTANT may suspend, in writing by certified mail, all or a portion of the WORK
under this Agreement if unforeseen circumstances beyond CONSULTANT's control are interfering
with normal progress of the WORK. CONSULTANT may suspend WORK on 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.
Page 9
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, retum receipt requested, of
intent to terminate; and (2) an opportunity for consultation and for cure with the terminating party
before termination. Notice shall be considered issued within seventy-two (72) hours 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 CONSULTANT 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 termination.
18.3 If CITY terminates for default on the part of the CONSULTANT, 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 CONSULTANT 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 CONSULTANT'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 CONSULTANT 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 CONSULTANT 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
CONSULTANT 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 CONSULTANT
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 CONSULTANT or its subconsultants may have accumulated or prepared in performing this
Agreement, whether completed or in progress, with the CONSULTANT 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 CONSULTANT shall have
no responsibility to prosecute further WORK thereon.
18.7 If, after termination for failure of the CONSULTANT to fulfill contractual obligations, it is determined
that the CONSULTANT 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 CONSULTANT in PROJECT WORK or for any corporate officer of the
CONSULTANT to render his services to the PROJECT, the CONSULTANT 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
Page 10
19.1 In the event that any dispute shall arise as to the interpretation of this Agreement, or in the event
of a notice of default as to whether such default does constitute a breach of the Agreement, 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 either of the afore mentioned methods are not
successful then any dispute relating to this Agreement shall be decided in the courts of 'Yakima
County, in accordance with the laws of Washington, If both parties consent in writing, other
available means of dispute resolution may be implemented.
SECTION 20 NOTICE
0.1 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 atter 'mailing by certified mail to the place of
businessset forth below, whichever is earlier,
CITY:
City of Yakima
Attn: Mr, Bill Preston, City Engineer
Yakima, WA 98901
CONSULTANT': Drayton Archaeology
Attn: Garth L. Baldwin, M A RPA 16248
P.O. Box 782
Blaine, WA 98231-0782
SECTION 21 SURVIVAL
211 The foregoing sections of this Agreement 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 bi2ted by their
respective authorized officers or representatives as of the day and yearj,o'. aboveffen,
CiTy Dr; YAKi,
Signature
CITY CONTRACT Is$0.2,1iii?"-P5/
RESOLUTION NO' $(11,)ste
Printed Name: Bob Harrison fled Name: Garth L. Baldwin
iiie:„,..triitiM1410clgrt_„„t„t
Page 11
1 ie, ple.c4ent
STATE OF WASHINGTON
COUNTY OF YAKIMA
)
) ss.
I certify that I know or have satisfactory evidence that 1 r;rx i 11 0%,svtis the person o appeared
before me, and said person acknowledged that he signed this instrument, on oath stat that he was
authorized to execute the ins ment, and ackn« edged it as the CITY MANAGER of the CITY OF
YAKIMA, to be the free and voluntary act of such pa for the uses and pu ,• • ses mention - in the
instrument.
Dated: fiNGI
Seal or Stamp
(Signature)
Printed Name
My commission expirese
10
Page 12
STATE OF WASHINGTON
COUNTY OF
) ss.
W .,.r *t,c9
I certify that I know or have satisfactory evidence that r4' 1-' V 3 t,
appeared before me, and said person acknowledg - * that he/she signed this instru rat, on ath stated that
he/she w s authorized to execute the ins ment, and acknowledged it as the .rev-'\ of
V,CL -4 I Pr, to be the free and voluntary act of such pa ftar the uses and purposes
entioned in the instrur
Dated:
Seal or Stamp
TER ZAONI'
Notary Public
State of Washington
Commission # 21055
Comm.My ; Expires Oct 9, 2023
(Signature)
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Title
Printed Name
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Page 13
EXHIITA
SC PE OF O`.K
Page 14
DRAYTON ARCHAEOLOGY
February 2, 2022
Ben Annen, PE
City of Yakima Engineering
129 N 2nd Street
Yakima, WA 98901
Re: Proposal for Cultural Resource Oversight for the Cowiche Canyon Trail Project, City
of Yakima, Yakima County, Washington
Mr. Annen,
At your request, please find for review Drayton Archaeology's (Drayton) proposal for providing
cultural resource oversight for the above noted project. As understood, an archaeological
monitoring permit, pursuant to RCW 27.53 through Washington Department of Archaeology and
Historic Preservation (DAHP), is required for select monitoring and the composition of an
inadvertent discovery plan (IDP) for areas of the project with no active monitor is required.
Our cultural resource oversight would consist of composition of a DAHP Site Distrubance and
Excavation Permit for Monitoring under RCW 27.53, a stand-alone IDP, active site monitoring,
and reporting of all activities onsite. These tasks will require a comprehensive background review,
field work / monitoring, commitment to respond to any inadvertent discovery, and consultation of
all reporting. If heretofore unknown cultural resources are encountered, additional evaluation of
the property(ies) would be mandated for evaluation. All work presumes comment periods
following submission of the permit application, reporting, and site form review will follow the
investigation involving the DAHP and all consulting Tribal Historic Preservation Officer(s)
(THPO).
Below is a list of tasks recommended necessary for completing the proposed work in accordance
to regulatory mandates. Drayton can initiate work within days of reaching a signed agreement and
receiving a notice to proceed. Drayton's final reporting will meet all required regulatory standards.
Tasks Requested and Proposed Methods of Address:
1. Preparation of Monitoring and Inadvertent Discovery Plan.
1.1 Upon receipt of agreement Drayton will:
2.1 Conduct background research using DAHP's WISAARD database and relevant
reports and records to compose a DAHP permit application for monitoring the
identified construction tasks.
i. Background review will address cultural, archaeological, ethnographic, and
research/consultation regarding Tribal affiliations (for use in determining
Traditional Cultural Property concerns).
3.1 Generate maps for the permit and project.
4.1 Compose narratives to complete all sections of the DAHP permit to inform oversigt
methods; and,
PO Box 782 - Blaine, WA 98231-0782 - www.draytonarchaeology.com
5.1 Composition of an Inadvertent Discovery Plan for all areas not actively monitored
by an archaeologist.
2. Submission of the DAHP Excavation Permit application.
1.1 After review and approval from the City the permit application would be jointly
submitted to DAHP for review and approval.
3. Upon receipt of the permit, and scheduling of work, conduct all mandated onsite
monitoring for infiltration trench construction and ground disturbance required for
pedestrian bridge construction. It is assumed onsite monitoring will be required for
20 working days.
4. WISAARD records for site 45YA1161 would be updated as required and as part of
reporting. An updated site form would be included in the final report following
monitoring.
5. Monitoring of Work
1.1 A qualified archaeologist would be present for documentation of all work requiring
a monitor.
2.1 Prior to excavation a detailed inspection of each excavation location would be
conducted for surface artifacts or indications of subsurface deposits. Shovel probes
could be excavated for further investigation at each location as deemed necessary.
3.1 Soil sampling of excavated materials to screen for artifacts and other cultural items
would take place through select screening of soils through 1/2-inch screen.
4.1 Inspection and recording of all elements of site 45YA1161 within the limits of the
project.
6. Reporting
6.1 Upon completion of the cultural resource oversight, Drayton will Draft a report
detailing background review, field methodology, monitoring results, an updated
site form for 45YA1161, and provide recommendations (as needed).
6.2 Provide the draft for your review.
6.3 Upon approval and as directed, submit the report disseminating the results for all
agencies and concerned parties for official review; and
6.4 Observe a period for a round of comments on the final reporting.
7 Considerations Not Budgeted
Any additionally ordered work is beyond the scope of this proposal. Other considerations:
7.1 The proposal assumes that no heretofore unknown archaeological, historic, or
cultural items, sites, deposits, or structurehs will be located nor will formal
recording and the submission of mandatory documentation (e.g. archaeological
Drayton Archaeology Proposal: Yakima Cowiche Canyon 2
site, historic property, tribal cultural property, and other required fo s) be
required;
7.1.1 Additional costs are incurred when these items require recording to
complete compliance regulations and mandates at any level.
7.2 Any . I ditional consultation or work ordered or required by D
Agency is beyond the scope of this proposal; and,
7.3 Encountering any H an Remains, graves, or burial offe gs would require
consultation, r- ording, mitigation, and expenses that are not budgeted for here and
do present a situation where there are legally mandated actions and treatments
pursuant to state law. Any costs to meet legal liabilities can be mitigated, but not
wholly avoided. Additional costs associated with encounte g human remains are
the responsibility of the property owner(s) and pe it holder(s).
Drayton will provide a digital copy of all required documentation for your use and transfer, or at
your behest, to all concerned p ies. We can conduct the work as needed. If you have any
questions, please feel free to call or email me for clarification.
My thanks for this opportunity,
Garth L. Baldwin, M.A., ' ' A 16248
or any Tribal
Principal Investigator, Drayton Archaeology
Drayton Archaeology Proposal: Yakima Cowiche Canyon
Signature in Acceptance:
Acceptance of Terms (Printed Name):
**Note: A fee of 1O% may be applied to the Total Due amount of the invoice if not paid after 30-days.
Drayton Archaeology Proposal: Yakima Cowiche Canyon 4
Contract Supplemental Agreement
Supplemental Agreement Organization and Address:
Number: 1 Drayton Archaeology
PO Box 782
Blaine WA 98231
Original Contract Number: Execution Date of Supplement:
2022-051
City Engineering Project Number: Completion Date of Supplement:
2430 3/31/2024
Project Title: Maximum Amount Payable this Supplement:
Cowiche Canyon Trail
Maximum Total Amount Payable for the New contract amount$47,000($22,000
Agreement: original contract+$25,000)
Section 1: Supplemental Agreement
The City of Yakima, Washington desires to supplement the contract agreement entered into with Drayton
Archaeology, and executed on 3/11/22 by Resolution No. 2022-065 and identified as Contract 2022-051.
All provisions in the basic contract remain in effect except as expressly modified by this supplement The
changes to the agreement are described as follows:
Section 2: Scope of Services
The scope of the project remains as described in Exhibit A-Scope of Work. No change to the actual
work to be completed. If additional trips to Yakima are required, an additional supplement to this
agreement may be required
Section 5: Compensation
The project was delayed in starting by one year. The coordination with DAHP and the Yakama Nation
required additional work above that which was planned and budgeted. The contractor's schedule was
slightly different than expected. As a result, Drayton Archaeology incurred additional costs to complete
the Scope of Work. Payment for this supplemented work will, as shown on Exhibit A is not to exceed
$25,000, bringing the total amount of the Agreement to$47,000
Section 7: Project Schedule and Budget
If you concur with this supplement and agree to the changes as stated above, please sign the appropriate
spaces below and return to this office for final action.
By: Garth :aldwin P -sident By: 1Rc,k c.r--- N-a.rri Ste'')
• . ure City Manager
iJ . a t l ac).a3
Date
CITY CONTRACT NO: — Z94
RESOLUTION NO:
EXHIBIT A
DRAYTON ARCHAEOLOGY
February 2, 2022
Ben Annen, PE
City of Yakima Engineering
129 N 2nd Street
Yakima, WA 98901
Re: Proposal for Cultural Resource Oversight for the Cowiche Canyon Trail Project, City
of Yakima, Yakima County, Washington
Mr. Annen,
At your request, please find for review Drayton Archaeology's (Drayton) proposal for providing
cultural resource oversight for the above noted project. As understood, an archaeological
monitoring permit, pursuant to RCW 27.53 through Washington Department of Archaeology and
Historic Preservation (DAHP), is required for select monitoring and the composition of an
inadvertent discovery plan (IDP) for areas of the project with no active monitor is required.
Our cultural resource oversight would consist of composition of a DAHP Site Disturbance and
Excavation Permit for Monitoring under RCW 27.53, a stand-alone IDP, active site monitoring,
and reporting of all activities onsite. These tasks will require a comprehensive background
review, field work/monitoring, commitment to respond to any inadvertent discovery, and
consultation of all reporting. If heretofore unknown cultural resources are encountered,
additional evaluation of the property(ies) would be mandated for evaluation. All work presumes
comment periods following submission of the permit application, reporting, and site form review
will follow the investigation involving the DAHP and all consulting Tribal Historic Preservation
Officer(s) (THPO).
Below is a list of tasks recommended necessary for completing the proposed work in accordance
to regulatory mandates. Drayton can initiate work within days of reaching a signed agreement
and receiving a notice to proceed. Drayton's final reporting will meet all required regulatory
standards.
Tasks Requested.and Proposed Methods of Address:
1. Preparation of Monitoring and Inadvertent Discovery Plan.
1.1 Upon receipt of agreement Drayton will:
2.I'Conduct background research using DAHP's WISAARD database and relevant
reports and records to compose a DAHP permit application for monitoring the
identified construction tasks.
i. Background review will address cultural, archaeological, ethnographic, and
research/consultation regarding Tribal affiliations (for use in determining
Traditional Cultural Property concerns).
3.1 Generate maps for the permit and project.
4.1 Compose narratives to complete all sections of the DAHP permit to inform
oversight methods; and,
PO Box 782 - Blaine,WA 98231-0782-www.draytonarchaeology.com
5.1 Composition of an Inadvertent Discovery Plan for all areas not actively monitored
by an archaeologist.
2. Submission of the DAHP Excavation Permit application.
1.1 After review and approval from the City the permit application would be jointly
submitted to DAHP for review and approval.
2.1 Upon receipt of the permit, and scheduling of work, conduct all mandated onsite
monitoring for infiltration trench construction and ground disturbance required for
pedestrian bridge construction. It is assumed onsite monitoring will be required for
20 working days.
2.2 WISAARD records for site 45YA1161 would be updated as required and as part
of reporting. An updated site form would be included in the final report following
monitoring.
3. Monitoring of Work
1.1 A qualified archaeologist would be present for documentation of all work
requiring a monitor.
2.1 Prior to excavation a detailed inspection of each excavation location would be
conducted for surface artifacts or indications of subsurface deposits. Shovel
probes could be excavated for further investigation at each location as deemed
necessary.
3.1 Soil sampling of excavated materials to screen for artifacts and other cultural
items would take place through select screening of soils through 1/4-inch screen.
4.1 Inspection and recording of all elements of site 45YA1161 within the limits of the
project.
4. Reporting
4.I Upon completion of the cultural resource oversight, Drayton will Draft a report
detailing background review, field methodology, monitoring results, an updated
site form for 45YA1161, and provide recommendations (as needed).
4.2 Provide the draft for your review.
4.3 Upon approval and as directed, submit the report disseminating the results for all
agencies and concerned parties for official review; and
4.4 Observe a period for a round of comments on the final reporting.
7 Considerations Not Budgeted
Any additionally ordered work is beyond the scope of this proposal. Other considerations:
7.1 The proposal assumes that no heretofore unknown archaeological, historic, or
cultural items, sites, deposits, or structurehs will be located nor will formal
recording and the submission of mandatory documentation (e.g. archaeological
site, historic property, tribal cultural property, and other required forms) be
required;
7.1.1 Additional costs are incurred when these items require recording to complete
compliance regulations and mandates at any level.
7.2 Any additional consultation or work ordered or required by DAHP or any Tribal
Agency is beyond the scope of this proposal; and,
7.3 Encountering any Human Remains, graves, or burial offerings would require
consultation, recording, mitigation, and expenses that are not budgeted for here
and do present a situation where there are legally mandated actions and
treatments pursuant to state law. Any costs to meet legal liabilities can be
mitigated, but not wholly avoided. Additional costs associated with encountering
human remains are the responsibility of the property owner(s) and permit
holder(s).
Drayton will provide a digital copy of all required documentation for your use and transfer, or at
your behest, to all concerned parties. We can conduct the work as needed. If you have any
questions, please feel free to call or email me for clarification.
My thanks for this opportunity,
Garth L. Baldwin, M.A., RPA 16248
Principal Investigator, Drayton Archaeology