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HomeMy WebLinkAboutDKS Associates - Professional Services AgreementAGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND DKS ASSOCIATES FOR PROFESSIONAL SERVICES THIS AGREEMENT, made arid entered into on this (21-ri‘day of Tesbrulk-ry , 2023, by and between the City of Yakima, Washington, a municipal corporation with its principal ice at 129 North Second Street, Yakima, WA 98901, (hereinafter referred to as "CITY"), and DKS Associates with its principal office at 720 SW Washington Street, Suite 500, Portland, OR 97205, (hereinafter referred to as "ENGINEER"); said corporation being licensed and registered to do business in the State of Washington, and will provide Engineering services under this Agreement for Yakima Ave Interchange Traffic Analysis Review on behalf of the City of Yakima, Project No.2337, 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, John Bosket, RE. 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 'Yakima Ave interchange Traffic Analysis Review" (WORK) which is attached hereto and made a part of this Agreement as if fully set forth herein. 2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by ENGINEER can be defined in detail at the time this Agreement is executed, and that additional WORK related to the Project and not covered in Exhibit A may be needed during performance of this Agreement. CITY may, at any time, by written order, direct the ENGINEER to revise portions of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the PROJECT, or request that the ENGINEER perform additional WORK beyond the scope of the PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services," 2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or time required for, performance of any services under this Agreement, a contract price Page 1 and/or completion time adjustment pursuant to this Agreement shall be made and this Agreement shall bemodified inwriting and accepted bythe 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 byCITY and agreed *mbythe ENGINEER inwriting. 2.3 The ENGINEER must assert any claim for adjustment |nwriting within thirty (3O)days from the date of the ENGINEER's receipt of the written notification of change. SECTION TERM 31. The term for this AGREEMENT shall be from the date of signature of both parties through SECTION 4 C|TY'S RESPONSIBILITIES 41 CITY -FURNISHED DATA: The CITYwill provide to the ENGINEER all technical data in the CITY'S possession relating bmthe ENGINEER'S services on the PROJECT including information on any pre-existing conditions known <othe 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 ofanattorney, insurance counselor, auoountyrd, audikzr, bond and financial advioora, and other consultants as CITY deems appropriate; and render in mv|Qng decisions required of CITY in o timely manner. Such examinations and decisiuna, howevo,, nheU 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. 44 CITY shall appoint a C|TY`S Representative with respect to WORK to be pndbmned underthis Agreement. CKTY'G Representative ohoU have complete authority tntransmit instructions and receive information. ENGINEER shall beentitled Uoreasonably rely onsuch instructions made by the C|T\"S Representative unless cthnnw|no directed in writing by the CITY, but ENGINEER shall beresponsible for bringing Aothe attention oYthe C|TY'S Representative any instructions which the ENGINEER baHoven are inadequate. |noomp|etm, 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 AUTHORIZATION, PROGRESS, AND COMPLETION 51 In signing this AGREEMENT, CITY and ENGINEER agree that at such time as the CITY provides ENGINEER specific written authorization to proceed with one or more ofthe tasks described in EXHIBIT & ENGINEER shall begin work, The time for completion ofeach task shall beaomutually agreed. SECTION 6 COMPENSATION 6.1 COMPENSATION ONATIME SPENT BASIS ATSPECIFIC HOURLY RATES: For the services described inExhibit A.compensation shall beaccording 0oExhibit C-Schedule ofSpecific Hourly Ra\eu, attached hereto and incorporated herein by this nmfonanoe, on m time spent basis plus reimbursement for direct non -salary expenses. {i1.1 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those costs incurred on or directly for the PROJECT induding, but not limited to, necessary transportation costs, including current rates for ENG|NEER'Sveh|n|eo� meals and lodging; laboratory tests and analyses; phndng, 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 reasonable markup, not toexceed ten pe,nert(1O96). and nnthe basis of current rates when furnished bvENGINEER. Estimated Direct Non -Salary Expenses are shown in ExhibitB. 6.1.11 Travel coets, including transportation, |odging, subuistenne, and incidental expenses incurred by employees of the ENGINEER and each of the Guboonsu|tmntminconnection with PROJECT WORK; provided, amfollows: • That amaximum ofU.G. INTERNAL REVENUE SERVICE allowed cents per mile will be paid for the operodon, ma|n<enanon, and dopneo|ok|on costs of company or individually owned vehicles for that portion of time they are used for PROJECT WORK. ENGINEER, whenever possible, will usethaleast expensive form cf ground transportation. • That reimbursement for meals inclusive of tips shall not exceed a maximum of forty dollars ($40) per day per person. This neto may be adjusted onayearly basis, ~ That accommodation shall bnat areasonably priced hota|hnote|. • That air travel shall be by coach u|aom, 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 inthe direct expense costs, but are considered included inthe Schedule ofSpecific Hourly Billing Rates. 6A.3 Professional Subunnuultantm. Professional Soboonnuhentm are those costs for engineering, arohhecture, gooUeohnica| aenvivaa and similar professional services approved by the CITY. Reimbursement for Professional Subconnu|tanbo will be on the basis of actual costs billed plus a reasonable markup, not to exceed ten percent (10%) for services provided hzthe CITY through this Agreement. Estimated Subconsuktan1costs are shown inExhibit B. 8.2 Unless apacifioa|k/authorized inwriting bythe CITY, the total budgetary amount for this PROJECT shall not exceed TwentyFiveThouoand and Five Dollars ($25.005.00). The ENGINEER shall make all reasonable efforts $ocomplete the WORK within the budget and will keep CITY informed cfprogress toward that end outhat the budget orWORK effort can beadjusted iffound necessary. The ENGINEER in not obligated toincur costs beyond the indicated budget, as may beadjusted, nor isthe CITY obligated hzpay the ENGINEER beyond these limits. When any budget has been increased, the ENGINEER'S excess costs expended prior tosuch increase will beallowable &zthe 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. 83 The ENGINEER shall submit hothe City's Representative an invoice each month for payment for PROJECT services completed through the accounting cut-off day ofthe previous month. Such invoices shall be for PROJECT services and WORK performed and costs incurred prior to the date ofthe invoice and not covered bypreviously submitted invoices. The ENGINEER shall submit with each invoice m summary of time expended on the PROJECT for the current billing pehod, copies ofoubcumso|tant 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 (6151) 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. 7.4 INDEMNIFICATION AND HOLD HARMLESS: 7.4.1 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 Page 4 proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the ENG|NEER, or any of ENGKNEER'o agent(s) or subcontractors). in performance mdthis Agreement, except for claims caused bythe Qty'Vsole negligence. 74.2 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 oo(. Title 51 RCVV. solely for the purposes of this indemnificotion. ENG/WEER'o indemnification shall not be limited in any way by any limitation on the amount ofdamages, compensation or benefits payable to or byany third party under workers' compensation octo, disability benefit acts orany 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 perfon-nance of this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51 RCVV.end assume all potential liability for actions brought by their respective employees. The Parties acknowledge, that they have mutually negotiated this waiver, 7,43 Should a court nfcompetent jurisdiction determine that this Agreement is subject to RCVV 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 ENG|NEER's liability, including the duty and cost to defond, shall he only to the extent ofthe ENG|NEER'anegligence. 7.4.4 Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 7A.5 The 0onno of this Section shall munovo 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 ||mb|o. the indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or types of damages, compenoaUom, or benefits payable by orfor 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 |nounenoa An. Title 51, RCVV. 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 tonhnkm| provisions of PROJECT mpooMuaUony and does not constitute any form of guarantee or insurance with respect to the performance of contractor. ENGINEER does not assume responsibility for methods or appliances used by contractor, for acontractor's safety 1programs ormethods, orfo,00nhactoro'comp|ioncevvith|owm and regulations. CITY shall use its best efforts to mnnuno that the construction contract requires that the contractor(s) indemnify and name CITY, the QTY'o and the ENG|NEER'n offiooro, pr|nc|po|o, emp|nynem, mgenn, napnonentedvwm, and engineers as additional insureds o: 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. F|CA, social security tax, assessments for unemployment and industrial injury insurance, and other deductions from income which may be required by law or mneeomed against either party as m result of this Agreement. In the event the City isassessed atax orassessment anaresult cf this Agreement, ENGINEER shall pay the same before it becomes due. 7.8 SUBSURFACE INVESTIGATIONS: In soils' foundation, Qnnundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where obnenmhmn, exp|oraUon, and investigations have been made, Because oJthe inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and omstlexeuution effects are not the responsibility of the ENGINEER, 0zthe extent that ENGINEER has exercised the applicable and appropriate standard 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 (1 g'h) day of each calendar month during the performance of the PROJECT, the ENGINEER shall submit to the CITY's Representative a copy of the current schedule and a written narrative description of the WORK accomplished by the ENGINEER and subconsultants on each task, indicating a good faith estimate of the percentage completion thereof on the last day of the previous month. Additional oral or written reports shall be prepared at the CITY's request for presentation to other governmental agencies and/or to the public. SECTION 9 REUSE OF DOCUMENTS 9.1 All internal WORK products of the ENGINEER are instruments or services of this PROJECT. There shall be no reuse, change, or alteration by the CITY or others acting through or on behalf of the CITY without written permission of the ENGINEER, which shall not be unreasonably withheld and will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs including, but not limited to, litigation expenses and attorneys 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 10.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and other evidence directly pertinent to performance of the WORK under this Agreement in accordance with generally accepted accounting principles and practices consistently applied. The CITY, 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 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. Page 6 10.3 The ENGINEER agrees Umthe disclosure ofall 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 Cf the draft audit report and that the final audit report will include ENGINEER's written comments, |fany. 10A 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 At all times during performance of the WORK or obligations under this Agreement, ENGINEER shall secure and maintain in effect insurance to protect the CO`/ and the ENGINEER from and against all claims, damages, losses, and expenses arising out oforresulting from the performance ofthis Agreement. ENGINEER shall provide and maintain inforce insurance inlimits nnless than those stated bo|mw^ 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 ENGINEER shall be named as an additional insured for such higher limits. 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 ENG|NEER's obligation to maintain such insurance. ENG|NEER'o insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Agreement. Any |nourance, self-insurance or insurance pool coverage maintained by the City oheU be in oxoeou of the ENQ|NEER'u insurance and neither the City nor its insurance providers shall contribute to any aa#|ements, defense oosts, or other payments made by ENQ|NEER'sinsurenoe. Commercial General LiabUity Insurance. Before this Agreement is fully the parties, ENGINEER ohoU provide the CITY with o 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 pn|ioy, 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,OUO.0OO.OU)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 orchange 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|orhigher |nBeafoGuide and admitted inthe State ofWashington. 11.12' Commercial Automobile Liability Insurance. a. If ENGINEER owns any vehicles, before this Agreement is fully executed bythe portiea. ENGINEER shall provide the CITY with o certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with o total liability limit of the ||m|te required in the policy, subject to minimum limits of Two Million Oo||am ($2.000.000.00) per occurrence combined single limit bodily injury and property damage, Automobile liability will apply to"Any Auto" and beshown onthe certificate, b. IfENGINEER does not own any vehicles, only ^Non-ownedand Hired Automobile Liability" will be required and may be added to the commercial liability coverage at the same limits asrequired inthat section cf this Agreement, which isSection 18.1.1entitled o. Under either situation described above in Section 10, 1 .2,a. and Section 1 O. 1.2.b` the required certificate ofinsurance shall clearly state who the provider is, the coverage omount, the policy number, and when the policy and provisions provided are in effect. Said policy shall beineffect for the duration of this Agreement, The policy shall name the C|TY, its elected and appointed offio|e|o, offiumns, agents, employees, and volunteers asadditional insureds. The insured shall not cancel orchange the insurance without first giving the CITY thirty (3U)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 inthe State ofWashington, 11.1.3` Statutory workers' compensation and employer's liability insurance as required by state 111/4. Professional Liability Coverage. Before this Contract isfully executed bvthe parties, ENGINEER shall provide the City with a certificate of insurance as proof of professional liability coverage with m total UmbUhy |hnk of the limits required in the po|icy, subject to minimum limits ofTwo Million Do||ana($2.08O.O0Q.0O) per claim, and Two Million Dollars (G2.000.080.00)aggregabs, 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 beineffect for the duration ofthis Contract, The insured shall not cancel orchange the insurance without first giving the CITY thirty (3U)calendar days prior written notice. The insurance shall be with an insurance company orcompanies rated A,V|] or higher in Bas[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 contrmot. Failure of either or all of the additional insureds to report a duhn under such insurance ohuU not prejudice the rights of the CITY, its elected and appointed dfficio|m, officers, employees, agents, and representatives there under. The CITY and the CKTY'aelected and appointed officials, officers, principals, employees, representatives, and agents shall have no obligation for payment ofpremiums because of being named as additional insureds under such insurance. None cfthe policies issued pursuant hothe requirements contained heroin oheU be canceled, allowed to expive, 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 orchange. 11.2 If at any time during the life of the Agreement, or any extension, ENGINEER fails to maintain the required insurance in full hmn:e and effect, all work under the Agreement shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Agreement. SECTION 12 SUBCONTRACTS 12.1 ENGINEER shall be entitled, 0zthe extent determined appropriate byENGINEER, Vosubcontract any portion nfthe WORK hoboperformed under this Agreement. However, ENGINEER shall bw considered the Prime Contractor hereunder and shall be the sole point of contact with regard to all contractual moMenu 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 C|TY, which approval shall not be unreasonably withheld. Each subcontract shall bwsubject kzreview bythe C|TY'aRepresentative, 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 12.4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK completed by sobomnau|tan(s and subcontractors during the preceding month and copies of all invoices 12.5 If dissatisfied with the bmuhgoound, perfonnanoe, 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 atonce and shall not employ the subcontractor for any further WORK under this Agreement, SECTION 13 ASSIGNMENT 131 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This Agreement may not beassigned byCITY orENGINEER without pdo,written consent ofthe other, which consent will not beunreasonably withheld. The ENGINEER for itself and its heirs, executors, edministra1oro, nunoomnorn and ennignn, does hereby agree to the full performance of all of the covenants herein contained upon the part ofthe ENGINEER. It is expressly intended and agreed that no third party beneficiaries are created by this Agremment, and that the rights and remedies provided herein shall inure only to the benefit of the parties to this Agreement. SECTAON14 INTEGRATION 14.1 This Agreement represents the entire understanding ofCITY and ENGINEER osto those matters contained herein. Noprior oral orwritten understanding shall beofany force oreffect with respect uzthose matters covered herein. This Agreement may not bemodified oraltered except inwriting signed byboth parties. SECT|ON15 JURISDICTION AND VENUE 15A 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. Ifany part cfthis Agreement is found toconflict with applicable |ows, such part shall be inopentiva, null, and void insofar as it conflicts with said |owo, 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 cfcompetent jurisdiction |nYakima County, Washington. SECTION16 EQUAL EMPLOYMENT and NONDISCRIMINATION 16.1 During the performance of this Agreoment. ENGINEER and ENQINEER's oubnonmuKants and subcontractors shall not discriminate in violation of any applicable federal, state and/or loca,l law or regulation on the basis of age, aex, oaco, ouyod, maU8imn, mmUor, national ohgin, marital status, dioobi|ity, honorably discharged veteran or military stadum, pnegnanoy, sexual ohontydom, and any other classification protected under federal, state, orlocal law. This provision shall include but not be limited to the following: emp|oyment, up0nading, demoOon, 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 egneoe to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. SECTION17 SUSPENSION 0FWORK 171 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond C|TY's control are interfering with normal prmgnauo 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 ENG|NEER's control are interfering with normal progress ofthoWORK, ENGINEER may suspend WORK onthe PROJECT inthe event CITY does not pay invoices when due, except where othervAse provided by this Agreement. The time for completion of the WORK shall be extended by the number of days WORK is suspended. |fthe period ofsuspension exceeds ninety (B0)days, the terms ofthis Agreement are subject to renegotiation, and both parties are granted the option to terminate WORK on the suspended portion nfProject inaccordance with SECTION 17. SECTWON1M TERMINATION OFWORK 18.1 Either party may terminate this Agreement, klwhole orinpart, ifthe other party materially breaches its obligations under this Agreement and in in default through no fault ofthe terminating party. Hmwever, no such termination may beeffected unless the other party |u given: (1)not less than fifteen (15) calendar days written notice delivered by certified nnai|, return receipt naqueoted, 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 17,11 of this Section, CITY may terminate this Agreement for its convenience, inwhole orinpart'.provided the ENGINEER iogiven: (1)not less than fihoen (15) calendar days written notice delivered by certified mail, return receipt requen1od, of intent to terminate; and (2) an opportunity for consultation with CITY before the effective termination date. 183 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 m 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 orofemploying another firm to uomp|eteiL 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 noUafuctoh/y pedbmnad to the date of termination, in addition to termination settlement costs the ENGINEER reasonably incurs relating 10 commitments which had become 5mn before the termination, on|oom CITY determines toassume said commitments. 18.5 Upon receipt ofa henn|neUon notice under subsections 17] or 17.2 above. the ENGINEER ohoU (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver or otherwise make available to CITY all originals of data, dnowinga, apooifinm1ionn, om|cu|aUona, reports, est|mm0eu, summaries, and such other |ofomnsH|on, dnoumenUo, and materials as the ENGINEER or its subconsultants may have accumulated or prepared in performing this Agreement, whether completed or in progress, with the ENGINEER retaining copies of the same. 18.8 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK to completion uh|tdnO other qualified Dnns or individuals; provided, the ENGINEER shall have no responsibility to prosecute further WORK thereon. 18.7 If, after termination for haUunu of the ENGINEER to fulfill contractual nb&ga1Nnm, it is determined that the ENGINEER has not so failed, the termination shall be deemed to have been effected for the convenience cfCITY, In such event, the adjustment pursuant to the Agreement aheU be determined auset forth imsubparagraph 17.4ofthis 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 tothe PROJECT. the ENGINEER shall not be relieved of its obligations to complete pedbnnanom under this Agreement without the concurrence and written approval ofCITY. |fCITY agrees &mtermination of this Agreement under this provision, payment shall bemade aoset forth Kn-subpmrmgnyph17.3nfthis Section. SECTKON19 DISPUTE RESOLUTION 1E\1 |nthe event that any dispute shall arise as to the interpretation or performance of this Agreement, or in the event of notice ofdefault 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 asameans k»resolve the dispute. ]yneither ofthe afore mentioned methods are successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, |naccordance with SECTION 14. |fboth parties consent inwriting, other available means ofdispute resolution may beimplemented, SECTUON2O NOTICE 201 Any notice required hnbmgiven under the terms ofthis Agreement shall bedirected 8nthe party a¢ the address set forth below, NnUno nhoM be considered issued and effective upon receipt thereof bythe mddnyonoe-party. or seventy-two (72)hours after mailing by certified mail tothe place uf business set forth below, whichever ieearlier. CITY: City mfYakima 120NSecond Street Yakima, VVA98AO1 Attn: Bill Preston ENGINEER: DKBAnmocimteo 720SVVWashington Street, Suite 580 Portland, ORU72U5 Attn: Aaron Berger, P.E..Project Manager SGCJ|CJN 21 INSPECTION AND PRODUCTION OFRECORDS 211 All records in all formats ndedng to the WORK ohaU, 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 Agreemnnt, notwithstanding the Qty'o knowledge of defective or non -complying pmdbmnmnon, its substantiality orthe ease of its discovery. ENGINEER ehm|| provide the C|h/ sufficient, ooha, and proper hsniiitien, 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 tothe WORK ofthis Agreement ao may be requested bythe City. Until the expiration of six (G) years after final payment of the compensation payable under this Agreement, nrfor a longer period if required by law or by the Washington Secretary ofSta<e's record retention anhedu|e. 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 byENGINEER under this Agreement. Prior toconverting any paporrecords 10 electronic format and/or dest,uvinq anv reoordo. ENGINEER shall contact CUTY's Records Administrator (5O9'575-6037) to discuss retention. In no event mhp|| any record re|aUnq to the VV[)RKbednnt,oyedvv|thnufC|TYonnnu|to1ion. � 213 All records relating to ENG|NEER`s services under this Agreement must be made available tothe 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, nrbylaw. All records relating to ENGINEER's services under this Agreement must be retained by ENGINEER for the minimum period nftime required pursuant tothe Washington Secretary ofEKate'u 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 pagen 221 ENGINEER agrees b/perform all WORK under and pursuant 8othis Agreement infull compliance with any and all applicable kmwa, ru|eo, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, stoUs. 8oua|^ 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 fndera|, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental tuthe due and lawful execution ofthe work, 221 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] Procurement of City Business License, ENGINEER must procure m City ofYakima Business License and pay all charges, fees, and taxes associated with said license. 22.3.2 ENGINEER must provide proof ofm valid Washington department of Revenue state exo}om tax registration number, aarequired inTitle 8GRCVV. 22.2.3 ENGINEER must provide proof mfa valid Washington Unified Business Identification (UB|) number. ENGINEER must have a current UBI number and not be disqualified from bidding onany public works contract under RCVV3S.88.101nr36.12.8S5(3). 32-2.4 ENGINEER must provide proof ofm valid VVamhbnQk»n Employment Security Department number as required by Title 50 RCW. 2225Foreiqn ) Corporations: Although the City does not require foreign corporate proposers hoqualify in the City, County or State prior to submitting n pnzpoaa|, 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 cortroot, and in the event that the award is mode, prior to conducting any business in the SECTION 23 MISCELLANEOUS PROVISIONS 23.1 Nondiscrimination. During the performance cf this Agreement, the ENGINEER agrees anfollows: The ENGINEER shall not discriminate against any person onthe grounds of race, creed, cmdor, na||gion, national oMgin, oex, age, marital mtatum, sexual orientation, gender identity, pregnancy, veteran's atotuw, 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 (42USC12101et soq). This provision shall include but not bo limited tothe following: employment, upgrading, demotion, transfer, recruftment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of WORK under this Agreement, In the event of the ENQ|NEER'o noncompliance with the non- discrimination clause of this contract or with any such rules, regulations, or orders, this Agreement may be manoe||ed, hann|nahed, or suspended in whole or in part and the ENGINEER maybe 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 obou1, dincusned, or disclosed their own pay or the pay ofanother employee or applicant. Howover, employees who have auuoso to the compensation information of other employees or applicants as e part of their essential job functions cannot disclose the pay mfother employees orapplicants 10individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to hmnnm| complaint or charge, (b)in furtherance of an |nveadgadom, proceed|ng, heahng, or action, including an investigation conducted by the employer, or (c) consistent with the contractor's 233 Sever bUMy If any term or condition of this Agreement or the application thereof to any person(s) or circumstances is held inva|kd, such invalidity shall not affect other terme, conditions or applications which can be given effect without the invalid Verm, condition or application. To this end, the terms and conditions nfthis Agreement are declared severable, 234 Agreement documents. This Agreement, the Request for Qualifications & Proposals No. N/A.titled N/A Scope ofWork, onnditimns, addenda, and modifications and ENG[NEER's proposal (to the extent consistent with Yakima City documents) constitute the Agreement Documents and are complementary. Specific Federal and State laws and the 0ennm of this Agnsoment, in that order rnepeotivw|y, supersede other inconsistent provisions. These Agreement Documents are on file in the Office of the Purchasing Manager, 129 No. 2^d EK, Yakinna, VVA. 98001. 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 Vonotify the City ofsuch ochange infinancial condition orchange ofownership or control shall basufficient grounds for termination. 23.8 No conflicts cfinterest. ENGINEER represents that it or its employees do not have any interest and shall not hereafter acquire any interest, direct cvindirect, which would conflict inany manner ordegree with the performance ofthis Agreement. ENGINEER further covenants that |twill not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 237 Promotional advertising prohibited. Reference to or use of the City, any of its departments, agencies orother subunits, orany official oremployee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the City. Release ofbroadcast emmUopertaining tnthis procurement shall not bomade without prior written authorization ofthe City. 33.8 Time hsmfthe essence. Timely provision ofthe WORK required under this Agreement shall beof the essence cdthe Agreement, including the provision ofthe WORK within the time agreed oruna date specified herein. 239 Waiver of breach. Awoivmr by either party hereto of breach of the other party hereto of any covenant orcondition ofthis Agreement shall not impair the right ofthe party not indefault Voavail itself efany subsequent breach thereof, Loniency, 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 inotonues, shall not be construed as a waiver or relinquishment ofany such agreement, covenant, condition orright. 23.10 Fonce[Wejau,e. ENGINEER will not beresponsible for delays indelivery due toacts ofGod, 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 ENGINEER notifies the City immediately |nwriting of such pending or mo1uu| delay. Normally inthe event of such delays, the date of delivery of WORK will be extended for a period of time equal to the time lost due 10the reason for delay. 2311 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]2 Survival. The foregoing sections of this Agreemerd, inclusive, shall survive the expiration or IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective authorized officers or representatives as of the day and year first above written. CITY OF YAKIMA Bob Harrison Printed Name::Bob Harrison Title: City Manager Date: Atte City CIdtk Resolution: Contract 202- STA OF WASHINGTON ) ss. COUNTY 0 AKIMA DKS ASSOCIATES Signet re Printed Name: John Bosket Title: Vice President ate: I certify that I know o ave satisfactory evidence that Bob Harrison is the eron who appeared before me, and said person ackno edged that he signed this instrument, on oth stated that he was authorized to execute the instrument, an acknowledged it as the CITY MAN R of the CITY OF YAKIMA, to be the free and voluntary act of such rty for the uses and purposamentioned in the instrument Dated: Seal or Stamp Printed Name My commission expires: Page 14 EXHIBIT A SCOPE OF WORK Page 16 DKS 0 SW `a" SERNER ON STREET, SUITE SOO,P E AN , OR 97205 S03.243 5 77 a O SASSO RATES,i:CDim'! KS SCOPE OF WOR',:. DATE: February 3, 2023 TO: Bill Paxton, PE F City of Yakima FROM: Aaron Berger, PE f DKS John Basket, PE 1 DKS SUBJECT: Yakima Avenue Interchange Traffic Analysis Review Project # This scope of works describes the preliminary review and analysis tasks DKS Associates will provide to the City of Yakima regarding the most recent update to the Yakima Avenue Interchange Justification Report (IJR) performed by WSDOT. The most recent updates performed by WSDOT on the Yakima Avenue IJR include changes to the land use assumptions used to generate the traffic forecasts used for the operations analysis. The City of Yakima is concerned that the new traffic forecasts and analysis will change the findings of the IJR, resulting in changes to the Preferred Alternative and reducing access to SR 82. Under this scope of work DKS Associates will review the new analysis and findings performed by WSDOT, summarize and highlight discrepancies with current City planning assumptions, and provide a scope for the next steps to advance the interchange portion of this project. DKS will perform the following tasks to fulfill this scope of work: • Attend up to three (3) remote meetings with City of Yakima and Yakima Valley Metropolitan Planning Organization (YVMPO) staff • Review and summarize the correspondence between the City of Yakima and WSDOT regarding changes made to the analysis assumptions since the 2017 Yakima Avenue Interchange IJR • Coordinate with YVMPO to determine the current model land use projections for the project area, with particular focus on the I-82 Mill Site • Review prior (2017) and current (2022) WSDOT 2040 forecasts for the IJR study intersections and segments, summarizing the reasons for changes/discrepancies. City to request all supporting data from WSDOT • If discrepancies are identified between the 2017 and 2022 due to changes in the 2040 land use projections assumptions that do not align with current City plans, clearly identify the City recommended changes to the land use assumptions SHAIING A ;;MAPrs.rE` P k .ws,,N; E • Request an updated "No -Build" (no interchange) 2040 travel demand model scenario frog YVMPO incorporating needed changes to land use projections identity in prior tasks • Review the prior (2017) and current (2022) W D T traffic analysis (Synchro, Sidra, and HCS) models, and identify locations where results are most likely to change/fail under the non - interchange condition due to changes in land use assumptions Review the preferred alternative selected in the 2017 IJR to highlight potential FHWA access or safety concerns Perform a high-level review of the current IJR purpose and need statement, and highlight areas that could be better emphasized, particularly equity elements • Create a memorandum summarizing the findings of the tasks summarized in this scope of work. This memorandum will be used by the City of Yakima to coordinate next steps with the City of Yakima • Create a scope of work to support the City of Yakima on the traffic analysis next steps needed to advance this project, based on feedback from VVSDOT on the findings summarized in the memorandum Assumptions: Attendance at up to three remote meetings is assumed. City will provide all WDQT travel demand modeling assumptions, traffic analysis models, and travel demand model outputs. Direct access to the YVMPO travel demand model is not assumed but will help to shorten the proposed schedule if provided. Work Products: Short Electronic oranda, Scope of Work for Phase 2 of he Traffic Analysis requested by the City. Time of Performance: This scope of work "is anticipated to potential services and tasks to the City through April 30, 2023., 0• /� 3 EXHIBIT ""+ "' EDULE OF RATES Page ,'1 DKS Fee Schedule Effective January 1, 2023 through December 31, 2023 ENGINEERS and PLANNER Grade Hourly Rate Grade 5 75.00 Grade 6 80.00 Grade 7 85.00 Grade 8 90.00 Grade 9 95.00 Grade 10 ➢ 00.00 Grade 11 105.00 Grade 12 110.00 Grade 13 115.00 Grade 14 120.00 Grade 15 125.00 Grade 16 130.00 Grade 17 135.00 Grade 18 140.00 Grade 19 145.00 Grade 20 150.00 Grade 21 155.00 Grade 22 160.00 Grade 23 165.00 Grade 24 170.00 Grade 25 1.75.00 Grade 26 180,00 Grade 27 185.00 Grade 28 190.00 Grade 29 195.00 Grade 30 200.00 Grade 31 205.00 Grade 32 210.00 Grade 33 215.00 Grade 34 220.00 Grade 35 225.00 Grade 36 230.00 Grade 37 235.00 Grade Hourly Rate Grade 38 240.00 Grade 39 245.00 Grade 40 250.00 Grade 41 255.00 Grade 42 260.00 Grade 43 265.00 Grade 44 270.00 Grade 45 275.00 Grade 46 280.00 Grade 47 285.00 Grade 48 290.00 Grade 49 295.00 Grade 50 300,00 Grade 51 305.00 Grade 52 310.00 Grade 53 315.00 Grade 54 320.00 Grade 55 325.00 Grade 56 330.00 Grade 57 335.00 Grade 58 340.00 Grade 59 345.00 Grade 60 350.00 Grade 61 355.00 Grade 62 360.00 Grade 63 365.00 Grade 64 370.00 Grade 65 375.00 Grade 66 380.00 Grade 67 385.00 Grade 68 390.00 Grade 69 395.00 Grade 70 400.00 TECHNICIANS and SUPPORT STAFF Tech Level Hourly Rate Tech Level G 65.00 Tech Level H 70.00 Tech Level I 75.00 Tech Level I 80.00 Tech Level K 85.00 Tech Level L 90.00 Tech Level M 95.00 Tech Level N 100.00 Tech Level 0 105.00 Tech Level P 110.00 Tech Level Q 11.5.00 Tech Level R 120.00 Tech. Level S 125.00 Tech Level T 130.00 Tech 'Level U 135.00 Tech Level V 140.00 Tech Level W 145.00 Tech Level X 150.00 Tech Level Y 155.00 Tech Level Z 160.00 Tech Level. AA 165.00 Tech Level AB 170.00 Tech Level AC 175.00 Tech Level AD 180.00 Tech Level AE 185.00 Tech Level AF 190.00 Tech Level AG 195.00 Tech Level AH 200.00 Project expenses will be billed at cost plus ten percent for service and handling. Project expenses include project -related costs such as reproduction through outside services, transportation, subsistence, delivery/postage, and vendor and subcontractor services. All invoices are due and payable within 30 days of date of invoice. Invoices outstanding over 30 days will be assessed a 1 1/4 percent service charge, compounded, for each 30 days outstanding beyond the initial payment period. service charges are not included in any agreement for maximum charges.