HomeMy WebLinkAboutR-2023-060 Resolution authorizing an agreement with Gray and Osborne to provide Professional Services for the City's Engineering DivisionRESOLUTION NO. R-2023-060
A RESOLUTION authorizing a Professional Services Agreement with Gray and
Osborne, Inc. (G&O) to provide professional services, general civil engineering and staff support
services to the City of Yakima on various projects and related work.
WHEREAS, the City of Yakima Engineering Division requires additional professional and
general civil engineering and management services to help meet the needs and requirements
that continually face the City of Yakima; and
WHEREAS, the City of Yakima Engineering Division has complied with the provisions of
RCW 39.80 and has followed the City's "Policy and Procedure for Contracting for Architects and
Engineers" manual for consultant selection; and
WHEREAS, the City of Yakima Engineering Division has selected G&O, Inc. as the most
qualified Engineering firm to perform the required work; and
WHEREAS, the City of Yakima Engineering Division has identified that G&O, Inc. can
perform certain professional engineering, planning, and management services and operate as
an extension of Engineering Division staff; and
WHEREAS, the City of Yakima Engineering Division has included funds for this work in
the 2023/2024 budget not to exceed $60,000 per calendar year; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of
the City and its residents to enter into the contract to provide professional services, general civil
engineering and staff support services; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the attached contract with Gray and
Osborne, Inc. and incorporated herein by this reference not to exceed One Hundred Twenty
Thousand Dollars ($120,000.00) to provide the Professional Services as described in the tasks
of the Agreement.
ADOPTED BY THE CITY COUNCIL this 18th day of April, 2023.
0- It, c1,6,14-)
Janice Deccio, Mayor
ATTEST:
Sonya CIar Tee, City Clerk
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.M.
For Meeting of: April 18, 2023
ITEM TITLE: Resolution authorizing an agreement with Gray and Osbome to
provide Professional Services for the City's Engineering Division
SUBMITTED BY: Scott Schafer, Public Works Director
*Bill Preston, City Engineer - (509) 576-6754
SUMMARY EXPLANATION:
This is a resolution authorizing a 2-year (2023-2024) contract with Gray and Osbome, Inc. for
professional services, general civil engineering and staff support services on various projects and
related work. The contract contains all the requirements and obligations that may come up during
the contract for the engineering firm to meet the needs of the City's Engineering Division. The
work will be identified and directed by the City Engineer.
The City advertised a Request for Quotes from engineering firms in accordance with the City's
Policy and Procedures for Contracting with Architects and Engineers and based on the scoring
results, committee members selected Gray and Osborne, Inc. for this project.
The total budgetary amount for this work shall not exceed Sixty Thousand Dollars ($60,000) during
any calendar year for the term of the agreement. This is funded by the salary savings of the vacant
Construction Supervisor position within Fund 346. Work is expected to begin as soon as possible after
execution of the Agreement. The 2-year Agreement, with EXHIBIT A- Scope of Services and
EXHIBITS B&C - Schedule of Rates, is attached for City Council review.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
Yes
Public Safety
ATTACHMENTS:
Description Upload Date Type
2
D ResDiution 3/30/2023 Re-,'soluti on
CI Cons ultanl Agreement 31'30/2023 Contract
AGREEMENT
BETWEEN
CITY OFYANJK8A.WASHiNGTON
AND
Gray & Osborne, Inc.
FOR PROFESSIONAL SERV110ES
THIS AGREEMENT, made and entered into on this - 19. day of /Ir- -r-i ) , 2023, by and
between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North
Second Street, Yakima, WA 98901, (hereinafter referred to as "CITY"), and Gray & Osborne, Inc. with its
principal office at 1130 Rainier Ave S., Suite 300, Seattle, WA 98144, (hereinafter referred to as
"ENGINEER"); said corporation being licensed and registered to do business in the State of Washington,
and will provide Professional Services, General Civil Engineering and Staff support services to the
City of Yakima Engineering under this Agreement on behalf of the City of Yakima, herein referred to as
the "PROJECT."
V0TNESSE[H:
RECITALS
WHEREAS, CITY roa�o---nthe ' � hxdon�nand
construction ofthe |Pas described in thmAgreement and subsequent thereto; and
that h available and offers to personnel with°""��^=-°~ ENGINEER represents knowledge|yu000mp|�hthe work v��inthe reqw�edjQmeand that
conflicts of -- e�~�..
~ �-` l=^f�nmm�ering\ntuthinAgreement
i�hae���'law from
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 SCOPE OFSERVICES
2-0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in
writing by h parboe, duties of ENGINEER shall not be construed to exceed those
services specificallynotforthherein.
2O2 �f���maintain�nuhy in personnel and shall assign,
Michael Meskimen, P.E as - �Principal-in-Charge throughout the term of this Agreement
unless other personnel are approved bythe CITY.
bedinExhib ^����c1
21 ENGINEER to described x,`�"
� - i perform hereto aa�fu|�
Scopem��� ic�s^(VVDR�J��m8#? a�z��n��---- ** '~~`'~°
set forth herein.
2.3 CITY and ENGINEER agree
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
PROJEC7, or request that the ENGINEERof the
PROJECT WORK. Suohchangosheremanersmw/be referred "aas'"Additional °S~._'~~~'
221 If such Additional Gemi000 cause an increase or decrease in the ENGINEER'S cost of, or
time required for, performance ufany services under this Agreement, u contract
price and/or completion time adjustment pursuant to this Agreement shall be made
and this Agreement shall be modified in writing and accepted by the parties hereto.
22.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY provisions ibbB.a�anhedhor�u
=n�� h i b t and so authorized, ohuUbeconsidered po�of
_incorporatedoron y �or��ronoo. an .
the PROJECT WORK. The ENGINEER shall not perform any Additional Services until no
authorized byCITY and agreed tobythe ENGINEER inwriting.
2.3 The ENGINEER must assertany claim for adjustment in writing within thirty (30) days from the date
ofthe ENG|NEER'areceipt ofthe written notification ofchange.
SECTION 3 TERM
31 The term for this AGREEMENT shall be from the date of signature of both portion through
December 3i.2O24.
SECTION C1TYSRESPONS|B1UT|ES
4.1 CITY -FURNISHED DATA.- The CITY will provide huthe ENGINEER all technical data in theC1TY'S
possession relating to the ENGINEER'S nomi000 on the PROJECT including information on any
pre-existing conditions known to the CITY that constitute hazardous waste contamination on the
PROJECT site uodetermined byonauthorized 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, rmporta, sketches, drawinAu,
specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor,
000uuntont, auditor, bond and financial adxieom, and other consultants an CITY deems
appropriate-, and render in writing decisions CITY in o timelytimelymanner. Such
examinations and decioiunn, however, shashallnot-` ve the ENGINEER of any contractual
obligations nor of its duty to render professional services meeting the standards of care applicable
to its profession,
4.4 CITY shall appoint u C1TY'S Representative with respect to WORK to be performed under this
Agreement. C|TY'S Representative shall have complete authority to hunnmh instructions and
receive information. ENGINEER shall beentitled toreasonably rely unsuch instructions made by
the C|TY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall
be responsible for bringing to the attention of the CITY'S Representative any instructions which the
ENGINEER believes are inadoquute, innomp|ote, or inaccurate based upon the ENGINEER'S
knowledge.
4.5 Any documents, services, and reports provided by he CITY to theavailable solely
asadditional information tothe ENGINEER |and |will not relieve the ENGINEERofits professional
duties and obligations under this Agreement or at |uvv. The ENGINEER shall he entitled to
reasonably rely upon the accuracy and the completeness Vfsuch documents, services and
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
5.1 In signing this Agreement, CITY grants ENGINEER specific authorization toproceed with WORK
described in Exhibit A. The time for completion is defined in Exhibit A, or an amended.
SECTION 6 COMPENSATION
6.1 COMPENSATION ON ATIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services
described in Exhibit A, compensation shall be according to Exhibit C - Scheduleof Speecific Hourly
Rates, attached hereto and incorporated herein by this reference, on a time spent basis plus
reimbursement for direct non -salary expenses.
6.1.1 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those costs
incurred on or directly for the PROJECT including, but not limited to, necessary
transportation costs, including current rates for ENGINEER'S vehicles; meals and lodging;
laboratory tests and analyses; printing, binding and reproduction charges; all costs
associated with other outside nonprofessional services and facilities; special CITY -
requested and PROJECT -related insurance and performance warranty costs; and other
similar costs. Reimbursement for Direct Non -Salary Expenses will be on the basis of actual
charges plus a reasonable markup, not to exceed ten percent (10%), and on the basis of
current rates when furnished by ENGINEER. Estimated Direct Non -Salary Expenses are
shown in Exhibit B.
6.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the ENGINEER and each of the
Subconsultants in connection with PROJECT WORK; provided, as follows:
• That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents
per mile will be paid for the operation, maintenance, and depreciation
costs of company or individually owned vehicles for that portion of time
they are used for PROJECT WORK. ENGINEER, whenever possible, will
use the least expensive form of ground transportation.
• That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person. This rate may be
adjusted on a yearly basis.
• That accommodation shall be at a reasonably priced hotel/motel.
• That air travel shall be by coach class, and shall be used only when
absolutely necessary.
6.1.2 Telephone charges, computer charges, in-house reproduction charges, first class postage,
and FAX charges are not included in the direct expense costs, but are considered included.
in the Schedule of Specific Hourly Billing Rates.
6.1.3 Professional Subconsultants. Professional Subconsultants are those costs for
engineering, architecture, geotechnical services and similar professional services
approved by the CITY, Reimbursement for Professional Subconsultants will be on the
basis of actual costs billed plus a reasonable markup, not to exceed ten percent (10%) for
services provided to the CITY through this Agreement. Estimated Subconsultant costs are
shown in Exhibit B.
6.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT
shall not exceed Sixty Thousand Dollars ($60,000) during any calendar year for the term of
the agreement. The ENGINEER shall make all reasonable efforts to complete the WORK within
the budget and will keep CITY informed of progress toward that end so that the budget or WORK
effort can be adjusted if found necessary. The ENGINEER is not obligated to incur costs beyond
the indicated budget, as may be adjusted, nor is the CITY obligated to pay the ENGINEER beyond
these limits. When any budget has been increased, the ENGINEER'S excess costs expended prior
to such increase will be allowable to the same extent as if such costs had been incurred after the
approved increase, and provided that the City was informed in writing at the time such costs were
incurred.
6.3 The ENGINEER shall submit to the City's Representative an invoice each month for payment for
PROJECT services completed through the accounting cut-off day of the previous month. Such
invoices shall be for PROJECT services and WORK performed and costs incurred prior to the date
of the invoice and not covered by previously submitted invoices. The ENGINEER shall submit with
Page 3
each invoice a summary of time expended on the PROJECT for the current billing period, copies
of subconsultant invoices, and any other supporting materials and details determined necessary
by the City to substantiate the costs incurred. CITY will use its best efforts to pay such invoices
within thirty (30) days of receipt and upon approval of the WORK done and amount billed. CITY will
notify the ENGINEER promptly if any problems are noted with the invoice, CITY may question any
item in an invoice, noting to ENGINEER the questionable item(s) and withholding payment for such
item(s). The ENGINEER may resubmit such item(s) in a subsequent invoice together with
additional supporting information requested.
6.4 If payment is not made within sixty (60) days follovving receipt of approved invoices, interest on the
unpaid balance shall accrue beginning with the sixty-first (61day 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
Page 4
the Chy, its elected and appointed offidalo, uffioem, emp|uy000, agonts, ropreoontudvos,
inourem, attorneys, and volunteers from all liabilities, |osnes, damagon, and expenses related
to all o|ainnm, uuha, arbitration actiono, invoabgadons, and regulatory orother governmental
proceedings arising from orinconnection with this Agreement or the acts, failures toact, errors
or omissions of the ENG|NEER, or any of ENG| or suboontrador(n), in
performance of this Agreement, except for claims caused hythe Cdy'usole negligence.
7.4.2 Industrial Insurance Act VVmiver. It is opeoi8omUy and expressly understood that the
ENGINEER waives any immunity that may be grantedto it underthe Washington State industrial
insurance act. Title 51 RCVV, solely for the purposes of this indemnification. ENG|NEER'e
indemnification shall not be limited in any way byany limitation on the amount of damages,
compensation or benefits payable to or byany third party under workers' compensation acts.
disability benefit acts orany other benefits acts orprograms. ENGINEER shall require that its
uubonntractore, and anyone directly or indirectly employed urhired by ENG|NEER. and anyone
for whose acts ENGINEER may be liable in connection with its performance of this Agreement,
comply with the terms of this paragraph, waive any immunity granted under Title 51 RCVV.and
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 of competent jurisdiction determine that this Agreement in 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 orresulting from the concurrent negligence of the ENGINEER
and the City, the ENG|NEER'o |iobi|dy, including the duty and cost to dofend, ohoU be only to
the extent ofthe ENG|NEER'snegligence.
7.44 Nothing contained in this Section or this Agreement shall be construed to create a liability or a
right ofindemnification inany third party.
74.5 The terms of this Section shall survive any expiration or termination of this Agreement.
7.5 in any and all claims by an employee of the ENG|NEER, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be Uab|e, the
indemnification obligations under this Agreement shall not be limited in any way by any limitation
on the amount or types of damagen, oumponaation, or benefits payable by or for the ENGINEER
or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other
employee benefit edm. The ENGINEER specifically and expressly waives its immunity under the
Industrial Insurance Act, Title 51, R[VV Such waiver has been mutually negotiated by the
ENG|NEERand the CITY.
7.6 It is understood that any resident engineering or inspection provided by ENGINEER isfor the
purpose of determining compliance with the technical provisions of PROJECT specifications and
does not constitute any form of guarantee or insurance with respect tothe performance of
contractor. ENGINEER does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for contractors' compliance with lam
and regulations. CITY shall use its best efforts to ensure that the construction contract requires
that the contractor(s) indemnify and name CITY, the C|TY'o and the ENG|NEER'n offioors,
prinoipa|e, emp|oyeoa, ugentn, reprenantativon, and engineers as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability,
77 ENGINEER shall be solely responsible for and shall pay all o. daductiunn, and assessments,
including but not limited to federal income tax. F|CA, social security tax, assessments for
unemployment and industrial injury inouranua, and other deductions from income which may be
required by |avv or assessed against either party as a result of this Agreement. In the event the
City is assessed a tax or assessment as a result of this Agreement, ENGINEER shall pay the same
before itbecomes due.
7.8 SUBSURFACE INVESTIGATIONS: In soUs, foundation, grnundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive testpoints and
sample intervals and at locations other than where oboemadon, exp|urution, and investigations
have been made Because ofthe inherent uncertainties insubsurface evu|uatiunn, changed or
unanticipated underground conditions may occur that could affect total PROJECT cost and/or
execution. These conditions and cost/execution effects are not the responsibility of the
ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate standard
of professional care, thoroughness and judgment in performing such investigations.
SECTION 8 PROJECT SCHEDULE AND BUDGET
8.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component
tasks shall be as set forth in this Agreement and attached Exhibits. The project schedule and
performance dates for the individual tasks shall be mutually agreed to by the CITY and the
ENGINEER within fifteen (15) days after execution of this Agreement, The performance dates and
budgets for tasks may be modified only upon written agreement of the parties hereto. The
performance date for tasks and the completion date for the entire PROJECT shall not be extended,
nor the budget increased because of any unwarranted delays attributable to the ENGINEER, but
may be extended or increased by the CITY in the event of a delay caused by special services
requested by the CITY or because of unavoidable delay caused by any governmental action or
other conditions beyond the control of the ENGINEER which could not be reasonably anticipated
or avoided.
8.2 Not later than the tenth (10th) day of each calendar month during the performance of the PROJECT,
the ENGINEER shall submit to the CITY's Representative a copy of the current schedule and a
written narrative description of the WORK accomplished by the ENGINEER and subconsultants on
each task, indicating a good faith estimate of the percentage completion thereof on the last day of
the previous month, Additional oral or written reports shall be prepared at the CITY's request for
presentation to other governmental agencies and/or to the public.
SECTION 9 REUSE OF DOCUMENTS
9.1 All internal WORK products of the ENGINEER are instruments or services of this PROJECT, There
shall be no reuse, change, or alteration by the CITY or others acting through or on behalf of the
CITY without written permission of the ENGINEER, which shall not be unreasonably withheld and
will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its officers,
employees„ subcontractors, and affiliated corporations from all claims, damages, losses, and costs
including, but not limited to, litigation expenses and attorney's fees arising out of or related to such
unauthorized reuse, change, or alteration; provided, however, that the ENGINEER will not be
indemnified for such claims, damages, losses, and costs including, without limitation, litigation
expenses and attorney fees if they were caused by the ENGINEER's own negligent acts or
omissions.
9.2 The ENGINEER agrees that any and all plans, drawings, designs, specifications, computer
programs, technical reports, operating manuals, calculations, notes, and other WORK submitted
or which are specified to be delivered under this Agreement or which are developed or produced
and paid for under this Agreement, whether or not complete, shall be owned by and vested in the
CITY.
9.3 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter
"Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual
Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER
does not grant CITY any right or license to such Intellectual Property.
SECTION 10 AUDIT AND ACCESS TO RECORDS
10.1 The ENGINEER, including its subconsuftants, 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.
Page 6
102 Audits conducted pursuant to thi's section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines ofthe reviewing or auditing agency.
10.disclosure The ENGINEER �g/��a �u the of all information and reports resulting from access to
records pursuant tothis section provided that the ENGINEER is afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any supporting documentation on
the pertinent portions of the draft audit report and thatthe final audit report will include ENGINEER's
written comments, ifany.
10.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK unthe Project.
10.5 Any charges ofthe ENGINEER paidbythe CITY which are found byanaudit tobeinadequately
substantiated shall bareimbursed tothe CITY.
SECTION 11 INSURANCE
11.1 At all times during performance of the WORK or obligations under this Agreement, ENGINEER
shall secure and maintain in effect insurance to protect the CITY and the ENGINEER from and
against all da)nm damages, losses, and expenses a'iu�gout oforronuMn0�omthe po�o/manuo
- ENS|N`-���shall provide and mm�o�� in hxooinsurance in limits no less than
those stated below of this Agreement. | The CITY reserves the right to require higher limits should it�
deem it necessary �n the best ias applicable. e -torointerest. of the public,public,1[ ENGINEER carries higher coverage limits
than the limits stated below, such hi`her limitssh
all bwshown onthe Certificate oyInsurance and
Endorsements and ENGINEER oU be named on on additional insured for such higher limits.
Failure by the City to demand such verification of coverage �h these insurance requirements or
failure of the City toidentify m deficiency from the insurance documentation provided shall not be
construed as a waiver or ENG|NEER's obligation to maintain such insurance. ENG|NEER's
insurance coverage shall be primary insurance with respect tothose who are Additional Insureds
under this Agreament Any insuranoo, self-insurance o/ insurance pool coverage maintained by
the City shall be in excess of the ENG|NEER'n insurance and neither the City nor its insurance
providers shall contribute to any settlements, defense uooto, or other payments made by
ENG|NEER'ainaurunoa
Commercial General Liability Insurance. Before this Agreement is fully
executed by the partien. ENGINEER shoU provide the CITY with a certificate of
insurance as proof ufcommercial liability insurance and nnmmw/da| umbrella
liability insurance with utoto| liability limit of the limits required in the pnUoy,
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
($2800,000.80) general aggregate. The certificate shall u|aark'�mo who the
provider is, the coverage amounLthe policy number, undwhen the policy and
i |ono' uvidedare mmffwct Said policy nhaUbwineffect for the durabnnof
provisions P' this Aqreement� e policy shall The |i h U name the CITY` its elected and appointed
officials, officers, �gun�.employees, and vu|unteomuoadditional inaureds . The
insured not
umnna| or change the insurance without
�tg�inOthe CITY
- thirty (30) calendar deYo prior written notice. The insurance shall be with an
i 8 i
insurance company or companies rated A,V|| or higher n es' Guide u o and
admitted inthe State ofWashington.
11]� Commercial Automobile Liability Insurance.
a |fENGINEER owns mnyvahiclme. before this Agreement is fully executed by the
parties, ENGINEER shall provide the CITY with a oo�homto of imaumnoo as proof of commercial automobile liability insurance and commercial umbrella liability insurance
with o total liability limit of the limits required in the policy, subject to minimum limits of
Two Million Dollars (s2.000.000-00) per occurrence combined single limit bodily injury
and property damage. Automobile liability will apply to "Any Auto" and be shown on the
certificate,
b. |fENGINEER 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 aa required inthat section ofthis Agreement, which is Section 10.1.1 entitled
"Commercial General Liability Insurance"-
c. Under either situation described above inSection 1O1.2.a.and Section 1013b,
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
a#eoL. Said policy shall baineffect for the duration ofthis Agreement. The policy shall
name the C|TY, its elected and appointed officiu|o, officers, agente, emp|oy000, and
volunteers asadditional insureds. The insured shall not cancel orchange the insurance
without first giving the CITY thirty (30calendar days prior written notice. The insurance
shall bowfth an insurance company or companies rated A+V|| orhigher in 8eaYo Guide
and admitted inthe State ofWashington.
11.1.3. Statutory workers' compensation and employer's liability insurance as required by state
11.1.4. Professional Liability Coverage. Before this Contract is fully executed bythe parties,
ENGINEER shall provide the City with a certificate of insurance as proof of professional
liability coverage with e total liability limit of the limits required in the po|ioy, 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 beineffect for the duration nfthis Contract. The insured shall
not cancel orchange the insurance without first giving the CITY thirty (3U)calendar days
prior wriften notice. The insurance shall be with an insurance company urcompanies
rated A'VU or higher in Beat's Guide. If the policy in written on a claims made basis the
coverage will continue in force for an additional two years after the completion of this
contract.
Failure of either or all of the additional insureds to report a dahn under such insurance
shall not prejudice the rights of the {]TY, its elected and appointed uMiciols, dffioem,
emp|oy000, agontn, and representatives there under. The CITY and the C|TY'o elected
and appointed officials, officers, principals, employees, representatives, and agents shall
have no obligation for payment of premiums because of being named as additional
insureds under such insurance. None ofthe policies issued pursuant tothe requirements
contained heroin oho|| be oanoo|ed, allowed to oxpire, or changed in any manner that
affects the rights of the CITY until thirty (30) days after wrten notice to the CITY of such
intended cancellation, expiration or change.
11,2 If at any time during the life of the Agreement, or any extension, ENG I NEER fails to maintain the
required insurance in full force and effect, all work under the Agreement shall be discontinued
immediately. Any failure to maintain the required insurance may be sufficient cause for the City to
terminate the Agreement.
SECTION 12 SUBCONTRACTS
12.1 ENGINEER shall be andded, to the extent determined appropriate by ENG|NEER, to subcontract
any portion ofthe WORK 0obeperformed under this Agreement. However, ENGINEER shall be
considered the Prime Contractor hereunder and shall be the sole point of contact with regard to all
contractual matters arising hereunder, including the performance of WORK and payment of any
and all charges resulting from contractual obligations.
122 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 besubject toreview hythe C|TY'oRepresentative,
if requested, prior to the subconsultant or subcontractor proceeding with the WORK. Such review
shall not constitute an approval as to the legal form or content of such subcontract. The ENGINEER
shall be responsible for the architectural and engineering performance, acts, and omissions of all
persons and firms performing subcontract WORK.
12.3 CITY does not anticipate ENGINEER subcontracting with any additional persons or firms for the
purpose ofcompleting this Agreement.
12.4 The ENG|NEERshall submit, along with its monthly invoices, adescription ofall WORKu
by auboonnubanta and subcontractors during the preceding month and copies mf all invoices
thereto.
12.5 If dissatisfied with the background, performance, and/or general methodologies of any
subcontractor, the City may request in writing that the subcontractor be removed. The ENGINEER
shall comply with this request at once and shall not employ the subcontractor for any further WORK
under this Agreement.
SECTION 13 ASSIGNMENT
13.1 This Agreement is binding on the heirs, ouooanoors and assigns of the parties hereto. This� � ��b ENG|NEERw�hou�phorvmhtenounoontofthecther
Agreement mayn .
The ENGINEER executors,
w�iohoonpentwj||notbeunre���namY'withheld. » ' '
administratorn, nu000000m and onoigns, duon hereby agree tothe full per
formance of all of the
covenants herein contained upon the part ufthe ENGINEER. |tioexpressly intended and agreed
that no third party beneficiaries are created by this Agreemont, and that the rights and remedies
provided herein shall inure only to the benefit of the parties to this Agreement.
SECTION 14 INTEGRATION
141 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters
contained herein, No prior oral or written understanding shall be of any force or effect with respect
to those matters covered herein. This, Agreement may not be modified or altered except in writing
signed by both parties.
SECTION 16 JURISDICTION AND VENUE
151 This Agreement shall be administered and interpreted under the laws of the State of Washington -
Jurisdiction
Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void
insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and
effect. Venue for all disputes arising under this Agreement shall lie in a court of competent
jurisdiction in Yakima County, Washington.
SECTION 16 EQUAL EMPLOYMENT and NONDISCRIMINATION
16.1 During the performance ofthis 'Agreement, ENGINEER and ENG|NEEFym suboonou|tontoanU
subcontractors shall not discriminate in violation of any applicable federal, state and1or local law or
regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any
other classification protected under federal, state, or local law. This provision shall include but not
be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, selection for training, and the
provision of services under this Agreement. ENGINEER agrees to comply with the applicable
provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and
SECTION 17 SUSPENSION OF WORK
17.1 CITY may suspend,writing by certified mail, all or a portion of the WORK under this Agreement
CITY does not pay invoices when due, except where otherwise provided bythis 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 17.
SECTION 18 TERMINATION OFWORK
181 Either ny�erm�mieth�Agreamnr¢.hnwho|oo/mpm¢�Uhm�harpo�ymmtwroUybreonhao
� v=`/'`'
its obligations under this Agreement and is in default through no fault of the . terminating p
ehy.
However, nosuch termination may bmeffected unlessthe other party is given- (�) n���sn than
fifteen (15)na|endor days written notice delivered by certified mail, return receipt requested, of
intent to rormhnok:' 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
� set �hioAAreement
oerbfiedmail tothe place ofbusiness ofeither pa�yasse n .
18.2 |naddition hotermination under Subsection 17'1of this Section, CITY may terminate this Agreement
for its convwnienca |nwhole nr)nparLprovided the ENGINEER isgmmn: (1) not less than fifteen
(15) calendar days written notice delivered by certified mo(|, return receipt requamted, of intent to
terminate: and (2) an opportunity for consultation with CITY before the effective termination date.
18'3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price
pursuant but (1)noamount ohnUbenUowodfor anticipated profit
pu ' on unperformed services or other WORK, and any payment dum to the ENGINEER otthe time
d
ofterm�mUnnmay bmadjusted tothe extent odany ad��onm|costs ordamages CITY has inouna .
or is likely to mour, because of the ENGINEER'S breach. In such event. CITY shall consider the
amount of WORK originally required which was omhsfmo1orUy completed to date of tannination,
whether that WORK in in a form or of u typo which in usable and uuitmb1m 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 nnn|,oumstmncannhoUpayments made under this provision exceed the contract
price |n�-eeventofdohau|t^theEN<�INEERmgreestnpeyC|TYfqranyondai|dmmegem,no�s,
d ' ^'eswha�hwrd1red|y )ndir�oUy, urconoequonhaUyonumadbyna/ddmfmuo. This provision
on ««P*»o ' ' litigation�ueeuurnonmpena�honfmr
shall not preclude CITY hemfiling n|oinnnand/or commencing
damages incurred beyond that covered by contract retainage or other withheld payments,
18.4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience,
the adjustment pursuant to the Agreement shall include payment for services satisfactorily
d �|emmn�noato�hm ENGINEER
to the date of torm|nation, in addition to termination «n
reasonably incurs relating to commitments which had become firm h fore the termination, unless
CITY determines tuassume said commitments.
18.5 Upon receipt of atonnlnodiun notice under subsections 17.1 or 17.2 above, the ENGINEER shall
� 1)prompUydieoondmueoUservices affected (unless the notice directs omwrwinm).and (2)deliver
or make available twCITY all udgina\oof data, drawings, specifications, calculations,
i d such other information, documents,and materials as the
reports, estimates, summaries, o» have accumulated
prepared
minyth�Agreement,
ENQ|NEERor�eau�onnmuuan�nmay ~r .-
whether completed or in progress, with the ENGINEER retaining copies of the same.
18.5 Upon termination under any subparagraph above, CITY reserves the right tnprosecute the WORK
to completion utilizing other qualified firms or individuals; provided, the ENGINEER shall have no
raspnnu|bik4tuprosecute further WORK thereon.
18.7 |f after termination for failure of the ENGINEER to fulfill contractual obligations, it indetermined
� that the ENGINEER has not so failed, the termination shall be deemed to have been effected for
the convenience of CITY. In such `vont. the acHunbnmnt pursuant to the Agreement shall be
determined asset forth insubparagraph 17.4ofthis Section.
18O |f because of death, unavailability or any other ouourronnw, it becomes impossible for any key
p=
� 'rownno| employed
'bythe ENGINEER in PROJECT VVDRKor for any corporate officer nfthe
pQ|NEERto render his services to the PROJECT, the ENGINEER shall not be ne|imwnU of its
ENG
INEER
obligations to complete performance | t fo unoo under this Agreement without the concurrence and written
pao*10
approval of CITY. if CITY agrees totermination of this Agreement under this provision. payment
shall be made as set forth in subparagraph 17.3 of this Section.
SECTION 19 DISPUTE RESOLUTION
1Q1 |nthe event that any dispute shall a�'
moeoto�behnhe onnrperhxmonunofUn�Agreement,
� or in the event of notice of default as to whether such default does constitute a breach of the
contract, o�omnnotmukuaUysu�mouuhd�erenmaw`Uhwnihmpm�esmhaU8m1
' tk/ the dispute, |fno�hnrofthe afore menbmnodmethods are
pursue mwc8��)on moa meanson*»o t� this /��eo��ent shall be decided in the courts of Yakimawucomsuhu! then any dispute relating to « Agre
ement
{�nu�with [fbothpurdwsconsent |nwrn|nO. other available means
of dispute resolution may beimplemented,
SECTION 20 NOTICE
20.1 Any notice required tobegiven under the terms ofthis Agreement nho8bedirected tothe party ag
the address set forth below. Notice shall bmconsidered issued and effective upon receipt thereof
h �� mailing by certified mail to the p|uoo of
by the addressee -party, or�nevan�y't�o(72) hours after n
business set forth below, whichever is earlier.
City of Yakima
129N2 ndStraet
Yakima, VVAO80O1
Attn: Bill Preston
ENGINEER: Gray &Onbome.Inc.
113URainier Ave S, Suito3OO
Seattle, WA 08144
Attn: Michael B. Johnson, P.E.
SECTION 21 INSPECTION AND PRODUCTION /JFRECORDS
21.1 All records in all formats relating to the WORK shall, at all dmoo, besubject 0o inspection by and
with the approval of the City, but the making of (o, fm||u,o or delay in making) auoh inspection or
approval shall not relieve ENGINEER of responsibility for performance of the WORK in accordance
with this Agreement,notwithstanding the CKy's knowledge of defective or non-complying
p*rhormanoo �n substantiality or the ooae of its discovery. ENGINEER shall provide the City
sufficient, ' d bauNhen^ and/or send copies of the requested documents to the City.
' safe, and proper relating � theVVDRKv�UbeprnydodtotheCdyupnnthoC�y'urmquaui
EN�3|NEER'onecor�are ng o .
21.2 ENGINEER shaUprompdyfurnish the Chyw�hsuch informa�onand records which are related \o
� the WORK ofthis roemantasmay berequested bythe C�y. Und|the oxpirabonofsix (6)years
Agre
ement
after final payment «fthe «»mpenua»n payable d b| under this Agreement, or for a longer period if
required by law or by the Washington Secretary uyStmte�record r�gon|i°nuoh*du)m . ENGINEER
nh`Uretain and provide the �tyaccess to(and the City shaUhave the right toexamine, mudhand
" copy) all ofENG|NEER's booko, doouments, papers and records which are related to the WORK
performed by ENGINEER under this Agreement. Prior to converting any paper records to
electronic format and/or destroying any recordo. ENGINEER shall contact C|TY's Records
Administrator (589-575'6037)to discuss retention In no event shall any record relating to the
dvW�h without consultation.
\N��Kbodonhoyo ou .
21.3 All records relating to ENG|NEER'a services under this Agreement must be made available to the
� Ciiy, and the records relating to the WORK are City of Yakima records, They must be produced to
third
ifrequirodureusnL(nthoVVanhing\onStmte9ub|icRmrordoAot.Cheptnr42-SGR{��.
nz parties,|| records relating to EN(3|NEER's oo,vioeo under this Agreement must be retained by
o'�ym«« All
ENGINEER for the minirnumpe,io o d of time required pursuant tothe Washington Secretary ofS(o(o's
records retention schedule.
21.4 The terms of this section shall survive any expiration or termination of this Agreement.
peoeo
SECTION 22 COMPLIANCE WITH THE LAW
221 ENGINEER agrees toperform all WORK under and pursuant tothis Agreement 1nfull compliance
with any and all applicable |nws, rules, and regulations adopted or promulgated by any
governmental agency or regulatory body, whether federal, state, local, or otherwise, including
policies adopted by the City, as those laws, ordinances, rules, regulations, and policies now exist
or may hereafter be amended or enacted. ENGINEER shall procure and have all applicable and
necessary permits, licenses and approvals of any federal, state, and local government or
governmental authority or this project, pay all charges and fees, and give all notices necessary and
incidental to the due and lawful execution of the work.
222 ENGINEER shall procure and have all applicable and necessary permits, licenses and approvals
ofany fadoro| state, i- ta|outho,�/orU`�pv�eot.puyoUohargmo
' dincidental undfoes.undQ�moUnod��aneneasaryan no � na .
22.2.1 Procurement of City Business License. ENGINEER must procure a City of Yakima
Business License and pay all charges, fees, and taxes associated with said license.
22.2.2 ENGINEER must provide proof of a valid Washington department of Revenue state excise
tax registration number. unrequired inTitle 86RCVV.
22 2 3 ENGINEER must provide proof ofo valid Washington Unified 8ueinone Identification (UB|)
� number. ENGINEER must have a current UBI number and not be disqualified from bidding
unany public works contract under RCVV3SOS.1U1 nr3G.12.O65(3).
22.24 ENGINEER must provide proof ofa valid Washington Employment Security Deportment
number as required byTitle 5O RCVV
222.5�or o�n} : Although the City does not require foreign
corporate proposers to qualify in the City, County or State prior to submitting proposal, it
in opmc}hoaUy understood and agreed that any such corporation will promptly take mU
noomnna,y measures to become authorized to conduct business in the City of Yakima, at
their own expanse. Wthout regard to whether such corporation in actually awarded the
oontracL, and in the event that the award is made, prior to conducting any business in the
City.
SECTION 23 MISCELLANEOUS PRO#1S|0NS
231 Nondiscrimination.Duringthopo�ormanoeofU�oAgroennen�.�heEN��|NEERagreeomskd|nves:
The ENGINEER shall not discriminate against any person on the grounds of race,creed. color,
religion, national origin uex, uge, marital otatuu, sexual orientation, gender identity, p,egnancy,
veteran's status, political
| affiliation or baUsd. or the presence of any uensmry, mental or physical
handicap in violation of the Washington State Law Against Discrimination {RCVVchapter 49.60) or
the A`~~ioanav�thDisabilities Act (42USC12101 otseq.). This provision shaUinomdobut not bw
limited to emp|oyment, upgrading, demotion, transfer, recruitment, advertising, layoff
orter~�`adon r��aso|payurotherformnofnompmnnadon,wo|o/tionforhamin0,nndthepruviw)wn
termination,
ofWORK under this Agroemon�n o event of | the t fthe ENG|NEER'e noncompliance with the non-
discrimination clause of this contract orwith any such rules, regulations, ororders, this Agreement
may be cancelled, tnrminoted, or suspended in whole or in part and the ENGINEER may be
doo|ormd ineligible for any future City contracts.
33.2 Pay transparency nondiscrimination. The ENGINEER will not discharge or in any other manner
discriminate against employees or applicants because they have inquired obmut, dinounaod, or
disclosed their own pay or the pay ofanother employee o, applicant. Howmvmr, employees who
have acoono to the compensation information of other employees or applicants as m pert ofthe|r
essential job functions cannot disclose the pay of other ernployees or applicants to individuals who
do not otherwise have access to compensation information, unless the disclosure is (a) in response
to a formal complaint or charge, (b) in furtherance of an invontigatiun, pr000eding, hearing, or
action, including an investigation conducted by the employer, or (c) consistent with the contractor's
legal duty to furnish information.
23.3 Severability. If any term or condition of this Agreement or the application thereof to any person(s)
or circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To this
end, the terms and conditions of this Agreement are declared severable.
23.4 Agreement documents. This Agreement, the Request for Qualifications & Proposals No, NIA, titled
N/A Scope of Work, conditions, addenda, and modifications and ENGINEER'S proposal (to the
extent consistent with Yakima City documents) constitute the Agreement Documents and are
complementary. Specific Federal and State laws and the terms of this Agreement, in that order
respectively, supersede other inconsistent provisions. These Agreement Documents are on file in
the Office of the Purchasing Manager, 129 No. 2"d St., Yakima, WA, 98901, and are hereby
incorporated by reference into this Agreement.
23.5 Notice of change in financial condition. If, during this Agreement, the ENGINEER experiences a
change in its financial condition that may affect its ability to perform under the Agreement, or
experiences a change of ownership or control, the ENGINEER shall immediately notify the City in
writing. Failure to notify the City of such a change in financial condition or change of ownership or
control shall be sufficient grounds for termination.
23.6 No conflicts of interest. ENGINEER represents that it or its employees do not have any interest
and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner
or degree with the performance of this Agreement. ENGINEER further covenants that it will not
hire anyone or any entity having such a conflict of interest during the performance of this
Agreement.
23.7 Promotional advertising prohibited. Reference to or use of the City, any of its departments,
agencies or other subunits, or any official or employee for commercial promotion is prohibited.
News releases pertaining to this procurement shall not be made without prior approval of the City.
Release of broadcast emails pertaining to this procurement shall not be made without prior written
authorization of the City.
23.8 Time is of the essence. Timely provision of the WORK required under this Agreement shall be of
the essence of the Agreement, including the provision of the WORK within the time agreed or on a
date specified herein.
23.9 Waiver of breach. A waiver by either party hereto of a breach of the other party hereto of any
covenant or condition of this Agreement shall not impair the right of the party not in default to avail
itself of any subsequent breach thereof, Leniency, delay or failure of either party to insist upon
strict performance of any agreement, covenant or condition of this Agreement, or to exercise any
right herein given in any one or more instances, shall not be construed as a waiver or
relinquishment of any such agreement, covenant, condition or right.
23.10 Force Majeure. ENGINEER will not be responsible for delays in delivery due to acts of God, fire,
strikes, riots, delay in transportation, or those effects of epidemics or pandemics that could not have
been reasonably anticipated or mitigated through acts of the ENGINEER; provided ENGINEER
notifies the City immediately in writing of such pending or actual delay. Normally in the event of
such delays, the date of delivery of WORK will be extended for a period of time equal to the time
lost due to the reason for delay.
23.11 Authority. The person executing this Agreement on behalf of ENGINEER represents and warrants
that they have been fully authorized by ENGINEER to execute this Agreement on its behalf and to
legally bind ENGINEER to all terms, performances, and provisions of this Agreement.
23,12 Survival. The foregoing sections of this Agreement, inclusive, shall survive the expiration or
termination of this Agreement, in accordance with their terms.
Page 13
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective
authorized officers or representatives as of the day and year first above written.
Printed Name:L.
Title: City_Manager
Date:
Attest
rL
Resolution: R-2023- 0(0-0
Contract 2023-
•
GRAY & OSBORNE, INC.
e/74:
Signature
Printed Name:, j3/44iphael 8, Johnson, RE_
TitIe President
Page 14
STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that Bob Harrison is the person who appeared before me,
and said person acknowledged that he signed this instrument, on oath stated that he was authorized to
execute the instrument, and acknowledged it as the ITY MANAGER of the CITY OF YAKIMA, to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Seal or Stamp
STATE OF WASHINGTON
COUNTY OF KING
(Signature)
v I,
Title
Printed Name
My commission expires:__
}
ss..
I certify that I know or have satisfactory evidence that Michael B. Johnson is the person who appeared
before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she
was authorized to execute the instrument, and acknowledged it as the President of Gray & Osborne, Inc.
to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: _..
Seal or Stamp
(Signature
Printed Name
My commission expires:
Page 15
SCOPE OF WORK
Perform Professional Services, General Civil Engineering and Staff Support Services on Various Projects
and Related Work as requested by the CITY, Each invoice prepared by ENGINEER shall specify the work
for which payment is requested, the work performed thereon during the invoice period and any specific
information related to the identified tasks.
shall 2U23and 2D24.The ENGINEER ehaU
'''`-----'��' — —�this �ng ���ycao operadrg� oa on extension uf staff,including the
perform certain professional�=,��.. services, _ _
following types of work:
u. Review ofengineering plano, specifications, and opinions cfcost.
b. Review City Projects including budgets and schedules.
o. Assist City with development of, review and recommendations for 6-year Transportation
Program.Improvement
d Coordinate with City Engineering Division Staff.
e. --Advice onScope nfWork for studies, plans and reports,
f. Identify and advise City ufinfrastructure funding opportunities.
g. Develop reports applicationsfunding.
h' Assist with grant and loan funding administration including ensuring compliance with
funding agency requirements.
I. Develop project cost estimates (opinions ofuoot).
j. Provide administration support aorequested.
k. Provide management support aarequested.
These work items are subject to change by the CITY as individual projects are completed and/or new
work priorities are identified. Work will be determined by the CITY.
EXHIBIT ISIT "B"
PROFESSIONAL FEES
A fee estimate and project schedule will accompany each Task Order of work included above and for
projects requested by the CITY.
Page 2
SCHEDULE OFSPECIFIC HOURLY RATES
Years 2023-2024
Description
Principal III
Prinoipa|U
Principal
Project Manager
Structural Engineer
Project Engineer
_
Civil Engineer III
Civil Engineer U
�Civil Engineer |
�Electrical Engineer U
Electrical Engineer I
Environmental Technician
AutoCADTechnician |V
AutoCADTechnician III
AutoCADTechnician U
-AutoC/U]Technician |
Professional Land Surveyor
Field Surveyor 11
Field Surveyor |
Construction Inspector
Hourly Rate
$249.65 �
, $218.45
�
$177.14 �
$222]2
$157.87 �
$14410 �
$140.43
$116.07 �
$14777
$145.84
$125.74
$119.32 �
$187.24 �
$137.68
$88]1
$143]8
NOTE: Suboonsultunts will beidentified onotask-by-
task basis and will be invoiced at cost plus a 10%
overhead fee.