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HomeMy WebLinkAboutWest Consultants Inc. - Floodplain Hydraulic Analysis at 1010 91st Ave, Yakima, WAAGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND WEST CONSULTANTS, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this 2 day of July , 2025, by and between the City of Yakima, a Washington, a municipal corporation with its principal office at 129 North Second Street, Yakima, VVA 98901, (hereinafter referred to as "CITY"), and WEST Consultants, Inc. with its principal office at 11400 SE 8th Street, Suite 40, Bellevue, WA 98004, (hereinafter referred to as "ENGINEER"); said corporation being licensed and registered to do business in the State of Washington, and will provide "Floodplain Hydraulic Analysis at 1010 91st Ave in Yakima, WA" under this Agreement on behalf of the City of Yakima's Projects, 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 rto 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, Andreas Kammereck as Principal -in -Charge throughout the term of this Agreement unless other personnel are approved by the CITY. 2.1 Sa is Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled` Proposal to City of Yakima - Hydraulic Analysis Project at 1010 1 t Ave In Yakima, WA, (submitted June 26, 2025)" (WORK) which i; attached hereto and rude 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 performer, by ENGINEER care 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 outer, direct the ENGINEER IEiER 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 VVORK beyond the scope of the PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services." Page 1 2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or time required for, performance of any services under this Agreement, a contract price and/or completion time adjustment pursuant to this Agreement shall be made and this Agreement shall be modified in writing and accepted by the parties hereto. 2.2.2 Compensation for each such request for Additional Services shall be negotiated by the CITY and the ENGINEER according to the provisions set forth in Exhibit B, attached hereto and incorporated herein by this reference, and if so authorized, shall be considered part of the PROJECT WORK. The ENGINEER shall not perform any Additional Services until so authorized by CITY and agreed to by the ENGINEER in writing. 2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the date of the ENGINEER's receipt of the written notification of change. SECTION 3 TERM 3.1 The term of this AGREEMENT shall extend through December 31, 2025. SECTION 4 CITY'S RESPONSIBILITIES 4.1 CITY -FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the CITY'S possession relating to the ENGINEER'S services on the PROJECT including information on any pre-existing conditions known to the CITY that constitute hazardous waste contamination on the PROJECT site as determined by an authorized regulatory agency. 4.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably accessible to ENGINEER as required for ENGINEER'S performance of its services and will provide labor and safety equipment as reasonably required by ENGINEER for such access. 4.3 TIMELY REVIEW: The CITY will examine the ENGINEER'S studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY deems appropriate; and render in writing decisions required of CITY in a timely manner. Such examinations and decisions, however, shall not relieve the ENGINEER of any contractual obligations nor of its duty to render professional services meeting the standards of care applicable to its profession. 4.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this Agreement. CITY'S Representative shall have complete authority to transmit instructions and receive information. ENGINEER shall be entitled to reasonably rely on such instructions made by the CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall be responsible for bringing to the attention of the CITY'S Representative any instructions which the ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER'S knowledge. 4.5 Any documents, services, and reports provided by the CITY to the ENGINEER are available solely as additional information to the ENGINEER and will not relieve the ENGINEER of its professional duties and obligations under this Agreement or at law. The ENGINEER shall be entitled to reasonably rely upon the accuracy and the completeness of such documents, services and reports, but shall be responsible for exercising customary professional care in using and reviewing such documents, services, and reports and drawing conclusions from them. SECTION 5 AUTHORIZATION, PROGRESS, AND COMPLETION 5.1 In signing this Agreement, CITY grants ENGINEER specific authorization to proceed with WORK described in Exhibit A. The time for completion is defined in Exhibit A, or as amended. SECTION 6 COMPENSATION Page 2 6.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services described in Exhibit A, compensation shall utilize current contractor hourly rates. Estimated rates identified in Exhibit C - Schedule of Specific Hourly Rates, attached hereto and incorporated herein by this reference, on a time spent basis plus reimbursement for direct non -salary expenses. 6.1.1 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those costs incurred on or directly for the PROJECT including, but not limited to, necessary transportation costs, including current rates for ENGINEER'S vehicles; meals and lodging; laboratory tests and analyses; printing, binding and reproduction charges; all costs associatedwith 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 (1O ), 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 depredation 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 $68,550 (as described in the proposal, section addressing "Cost Estimate and Commissioning of Work", see Exhibit A) 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 each invoice a summary of time expended on the PROJECT for the current billing Page 3 period, copies of subconsultant invoices, and any other supporting materials and details determined necessary by the City to substantiate the costs incurred. CITY will use its best efforts to pay such invoices within thirty (30) days of receipt and upon approval of the WORK done and amount billed. CITY will notify the ENGINEER promptly if any problems are noted with the invoice. CITY may question any item in an invoice, noting to ENGINEER the questionable item(s) and withholding payment for such item(s). The ENGINEER may resubmit such item(s) in a subsequent invoice together with additional supporting information requested. 6.4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on the unpaid balance shall accrue beginning with the sixty-first (61st) day at the rate of 1.0% per month or the maximum interest rate permitted by law, whichever is Tess; 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 not meeting the STANDARD OF CARE. The ENGINEER shall perform the services with the degree of skill and care members ordinarily exercised by the same profession currently practicing under similar circumstanbces at the same some and in the same or similar locality (STANDARD OF CARE). 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: Page 4 a. ENGINEER shall take all necessary precautions in performing the WORK ho prevent injury to The ENGINEER agrees to nAaasa, indemn�y, persons or property. The dahand, and hold honn|esa the Cih/, its elected and appointed offioim|o, offiomrm, mmp|oyaen, and volunteers from liabilities, losses, damages, and reasonable attorneys fees only to the extent caused by the negligent acts or omissions of the ENG|NEER, or any of ENG|NEER'a agent(s) or uuboontraotur(s), in performance of this Agnoement, as ultimately determined by a court of competent jurisdiction. b. ENG|NEER'o duty to defend shall not require ENGINEER to provide upfront defense to the City, but shall require that ENGINEER reimburse the City for reasonable mttorney'ofees and costs incurred by the City but only to the extent of the negligence of ENG|NEEF(. ENG|NEER'sagents oremployees, uroub-oonou|tantm. o. 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 aot. Title 51 RCVV, solely for the purposes of this indemnification. ENG|NEER'o indemnification uhn|| not be limited inany way by any limitation on the amount of domagas, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. ENGINEER uho|| require that its mubcontreotorm, and anyone directly orindirectly employed or hired by ENG|NEER, and anyone for whose acts ENGINEER may be liable in connection with its performance of this Agreemmnt, comply with the terms of this paragrnph, 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. d. Should a court of competent jurisdiction determine that this Agreement is subject to RCVV 4.24.116. then' in the event of ||a6i|ih/ 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'oUmb||ity. including the duty and cost todefend, shall baonly tothe extent ofthe ENG|NEER'unegligence. e. Nothing contained in this 8mcUmn or this Agreement shall be construed to create a liability or aright ofindemnification inany third party. [ The terms of this Section shall survive any expiration or termination of this Agreement. 7.5 In any and all claims by on employee of the ENG|NEER, any auboontractmx, anyone directly or � indirectly employed by any of them, or anyone for whose auto any of them may be |ieb|e, the indemnification obligations under this Agreement shall not be limited in any way by any limitation onthe amount ortypes ofdomagea.compensation, nrbenefits payable byorfor the ENGINEER or subcontractor under workers' o,vvorkmons' compensation acts, disability benefit acts, or other employee benefit acts, The ENGINEER specifically and expressly waives its immunity under the Industrial Insurance Act, Title 51, RCVV. Such waiver has been mutually negotiated by the ENGINEER and the CITY. 7.8 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 to the performance of contractor. ENGINEER does not assume responsibility for methods or appliances used by a contrnctor, for contractor's safety programs or methods, orfor contractors' compliance with laws ond 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'a and the ENG|NEER's officers, principals,emp|oyeas, ogente, representatives, and engineers as additional insureds on contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER professional liability. 7.7 ENGINEER shall be solely responsible for and shall pay all taxes, dmductionm, and amnmasmontu, including but not limited to federal income tax, FICA, social security tax, moseasmen\s for unemployment and industrial injury ^ury inounancn, and other deductions from income which may be required by law or assessed against either party no a result of this Agreement. In the event the City in nooesamd a tax or assessment an a naou|t of this Agnoomant. ENGINEER yhnU pay the same before itbecomes due. 7.8 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observation, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER„ to the extent that ENGINEER has exercised the applicable and appropriate standard of professional care, thoroughness and judgment in performing such investigations. SECTION 8 PROJECT SCHEDULE AND BUDGET 8.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component tasks shall be as set forth in this Agreement and attached Exhibits. The project schedule and performance dates for the individual tasks shall be mutually agreed to by the CITY and the ENGINEER within fifteen (15) days after execution of this Agreement. The performance dates and budgets for tasks may be modified only upon written agreement of the parties hereto. The performance date for tasks and the completion date for the entire PROJECT shall not be extended, nor the budget increased because of any unwarranted delays attributable to the ENGINEER, but may be extended or increased by the CITY in the event of a delay caused by special services requested by the CITY or because of unavoidable delay caused by any governmental action or other conditions beyond the control of the ENGINEER which could not be reasonably anticipated or avoided. 8.2 Not later than the tenth (10th) day of each calendar month during the performance of the PROJECT, the ENGINEER shall submit to the CITY's Representative a copy of the current schedule and a written narrative description of the WORK accomplished by the ENGINEER and subconsultants on each task, indicating a good faith estimate of the percentage completion thereof on the last day of the previous month. Additional oral or written reports shall be prepared at the CITY's request for presentation to other governmental agencies and/or to the public. SECTION 9 REUSE OF DOCUMENTS 9.1 All internal WORK products of the ENGINEER are instruments or services of this PROJECT. There shall be no reuse, change, or alteration by the CITY or others acting through or on behalf of the CITY without written permission of the ENGINEER, which shall not be unreasonably withheld and will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs including, but not limited to, litigation expenses and attorney's fees arising out of or related to such unauthorized reuse, change, or alteration; provided, however, that the ENGINEER will not be indemnified for such claims, damages, losses, and costs including, without limitation, litigation expenses and attorney fees if they were caused by the ENGINEER's own negligent acts or omissions. 9.2 The ENGINEER agrees that any and all plans, drawings, designs, specifications, computer programs, technical reports, operating manuals, calculations, notes, and other WORK submitted or which are specified to be delivered under this Agreement or which are developed or produced and paid for under this Agreement, whether or not complete, shall be owned by and vested in the CITY. 9.3 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter "Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER does not grant CITY any right or license to such Intellectual Property. SECTION 10 AUDIT AND ACCESS TO RECORDS 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, Page 6 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. 10.3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to records pursuant to this section provided that the ENGINEER is afforded the opportunity for an audit exit conference and an opportunity to comment and submit any supporting documentation on the pertinent portions of the draft audit report and that the final audit report will include ENGINEER's written comments, if any. 10.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for WORK on the Project. 10.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately substantiated shall be reimbursed to the CITY. SECTION 11 INSURANCE 11.1 At all times during performance of the WORK or obligations under this Agreement, ENGINEER shall secure and maintain in effect insurance to protect the CITY and the ENGINEER from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Agreement. ENGINEER shall provide and maintain in force insurance in limits no less than those stated below, as applicable. The CITY reserves the right to require higher limits, at the cost of the City, should it deem it necessary in the best interest of the public. If ENGINEER carries higher coverage limits than the limits stated below, such higher limits shall be shown on the Certificate of Insurance and Endorsements and City of Yakima shall be named as an additional insured for such higher limits. Additional insured is not required on the Professional Liability or Workers Compensation policies. ENGINEER shall provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and outlined herein. A copy of the additional insured endorsement attached to the policy shall be included with the certificate. This Certificate of insurance shall be provided to the City prior to commencement of work. Failure to provide the City with proof of insurance and/or to maintain such insurance outlined herein shall be a material breach of this agreement and a basis for termination. Failure by the City to demand such verification of coverage with these insurance requirements or failure of the City to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of ENGINEER's obligation to maintain such insurance. ENGINEER's insurance coverage, excluding the professional liability and works compensation, shall be primary insurance with respect to those who are Additional Insureds under this Agreement, and any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the ENGINEER's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by ENGINEER's insurance. All additional insured endorsements required by this Section shall include an explicit waiver of subrogation. 11.1.1 Commercial General Liability Insurance. Before this Agreement is fully executed by the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Five Million Dollars ($5,000,000.00) general aggregate. Limits may be achieved in combination with an excess liability or umbrella policy. 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 Page 7 duration of this Agreement. The policy shall name the CITY, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice, except 10 days notice of cancellation due to non- payment. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. 11.1.2. Commercial Automobile Liability Insurance. a. If ENGINEER owns any vehicles, before this Agreement is fully executed by the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. b. If ENGINEER does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may be added to the commercial liability coverage at the same limits as required in that section of this Agreement, which is Section 10.1.1 entitled "Commercial General Liability Insurance". c. Under either situation described above in Section 10.1.2.a. and Section 10.1.2.b., the required certificate of insurance shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the CITY, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice, except 10 days notice of cancelation due to non-payment. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. 11.1.3. Statutory workers' compensation and employer's liability insurance as required by state law. 11.1.4, Professional Liability Coverage. Before this Contract is fully executed by the parties, ENGINEER shall provide the City with a certificate of insurance as proof of professional liability coverage with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per claim, and Five Million Dollars ($5,000,000.00) aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The insured shall not cancel or change the insurance without first giving the CITY thirty (30) calendar days prior written notice, except 10 days notice of cancellation due to non-payment. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this contract. Failure of either or all of the additional insureds to report a claim under such insurance shall not prejudice the rights of the CITY, its elected and appointed officials, officers, employees, agents, and representatives there under. The CITY and the CITY's elected and appointed officials, officers, principals, employees, representatives, and agents shall have no obligation for payment of premiums because of being named as additional insureds under such insurance. None of the policies issued pursuant to the requirements contained herein shall be canceled, allowed to expire, or changed in any manner that affects the rights of the CITY until thirty (30) days after written notice to the CITY of such intended cancellation, expiration or change, except 10 days notice of cancelation due to non-payment. Page 8 11.2 If at any time during the life of the Agreement, or any extension, ENGINEER fails to maintain the required insurance in full force and effect, ail 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, to the extent determined appropriate by ENGINEER, to subcontract any portion of the WORK to be performed under this Agreement. However, ENGINEER shall be considered the Prime Contractor hereunder and shall be the sole point of contact with regard to all contractual matters arising hereunder, including the performance of WORK and payment of any and all charges resulting from contractual obligations. 12.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any substitutions thereof, will be subject to prior approval by CITY, which approval shall not be unreasonably withheld. Each subcontract shall be subject to review by the CITY's Representative, if requested, prior to the subconsultant or subcontractor proceeding with the WORK. Such review shall not constitute an approval as to the legal form or content of such subcontract. The ENGINEER shall be responsible for the architectural and engineering performance, acts, and omissions of all persons and firms performing subcontract WORK. 12.3 CITY does not anticipate ENGINEER subcontracting with any additional persons or firms for the purpose of completing this Agreement. 12.4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK completed by subconsultants and subcontractors during the preceding month and copies of all invoices thereto. 12.5 If dissatisfied with the background, performance, and/or general methodologies of any subcontractor, the City may request in writing that the subcontractor be removed. The ENGINEER shall comply with this request at once and shall not employ the subcontractor for any further WORK under this Agreement. SECTION 13 ASSIGNMENT 13.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This Agreement may not be assigned by CITY or ENGINEER without prior written consent of the other, which consent will not be unreasonably withheld. The ENGINEER for itself and its heirs, executors, administrators, successors and assigns, does hereby agree to the full performance of all of the covenants herein contained upon the part of the ENGINEER. It is expressly intended and agreed that no third party beneficiaries are created by this Agreement, and that the rights and remedies provided herein shall inure only to the benefit of the parties to this Agreement. SECTION 14 INTEGRATION 14.1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties. SECTION 15 JURISDICTION AND VENUE 15.1 This Agreement shall be administered and interpreted under the laws of the State of Washington. Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. Venue for all disputes arising under this Agreement shall lie in a court of competent jurisdiction in Yakima County, Washington. SECTION 16 EQUAL EMPLOYMENT and NONDISCRIMINATION Page 9 16.1 During the performance of this Agreement, ENGINEER and ENGINEER's subconsultants and subcontractors shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, gender identity, political affiliation or belief, or the presence of any sensory, mental or physical handicap, and any other classification protected under federal, state, or local law, including, but not limited to the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et. seq.). This provision shall include but not be limited to the following:: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. ENGINEER agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. In the event of the ENGINEER's or ENGINEER's subcontractor's noncompliance with the non-discrimination clause of this Agreement or with any such rules, regulations, or orders, this Agreementmay be cancelled, terminated, or suspended in whole or in part and the ENGINEER may be declared ineligible for any future City contracts. 16.2 Pay transparency nondiscrimination. The ENGINEER will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information unless the disclosure is () it response to a formal complaint or charge, () in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer„ or (c) consistent with the contractor's legal duty to furnish information 16.3 RCW 35.22.650: ENGINEER agrees that the ENGINEER shall actively solicit the employment of minority group members. ENGINEER further agrees that the ENGINEER shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. ENGINEER shall furnish evidence of the ENGINEER'S compliance with these requirements of minority employment and solicitation. ENGINEER further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses. 16.4 Nothing in this Agreement, including, without limitation, the provisions of Section 16, shall require ENGINEER or any of its subcontractor(s) to take action that would be deemed discrimination or preferential treatment in violation of RCW 49.60.400. Pursuant to RCW 49.60.400(6), this Section does not prohibit action that must be taken to establish or maintain the CITY'S eligibility for any federal program, if ineligibility would result in a loss of federal funds to the CITY. SECTION 17 SUSPENSION OF WORK 17.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond CITY's control are interfering with normal progress of the WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond ENGINEER's control are interfering with normal progress of the WORK. ENGINEER may suspend WORK on the PROJECT in the event CITY does not pay invoices when due, except where otherwise provided by this Agreement. The time for completion of the WORK shall be extended by the number of days WORK is suspended. If the period of suspension exceeds ninety (g) days, the terms of this Agreement are subject' to renegotiation, and both parties are granted the option to terminate WORK on the suspended portion of Project in accordance with SECTION 18. SECTION 18 TERMINATION OF WORK 18.1 Either party may terminate this Agreement, in whole or in part, if the other party materially breaches its obligations under this Agreement and is in default through no fault of the terminating party. However, no such termination may be effected unless the other party is given: (1) not less than fifteen (15) calendar days written notice i delivered by certified mail, return receipt requested, Page 10 of intent to terminate; and (2) an opportunity for consultation with the terminating party and for cure within the 15-day notice period before termination. Notice shall be considered issued within seventy-two (72) hours of mailing by certified mail to the place of business of either party as set forth in this Agreement. 18.2 In addition to termination under subsection 18.1 of this Section, CITY may terminate this Agreement for its convenience, in whole or in part, provided the ENGINEER is given: (1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an opportunity for consultation with CITY before the effective termination date. 18.3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other WORK, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to the extent of any additional costs or damages CITY has incurred, or is likely to incur, because of the ENGINEER'S breach. In such event, CITY shall consider the amount of WORK originally required which was satisfactorily completed to date of termination, whether that WORK is in a form or of a type which is usable and suitable to CITY at the date of termination and the cost to CITY of completing the WORK itself or of employing another firm to complete it. Under no circumstances shall payments made under this provision exceed the contract price. In the event of default, the ENGINEER agrees to pay CITY for any and all damages, costs, and expenses whether directly, indirectly, or consequentially caused by said default. This provision shall not preclude CITY from filing claims and/or commencing litigation to secure compensation for damages incurred beyond that covered by contract retainage or other withheld payments. 18.4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience, the adjustment pursuant to the Agreement shall include payment for services satisfactorily performed to the date of termination, in addition to termination settlement costs the ENGINEER reasonably incurs relating to commitments which had become firm before the termination, unless CITY determines to assume said commitments. 18.5 Upon receipt of a termination notice under subsections 18.1 or 18.2 above, the ENGINEER shall (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver or otherwise make available to CITY all originals of data, drawings, specifications, calculations, reports, estimates, summaries, and such other information, documents, and materials as the ENGINEER or its subconsultants may have accumulated or prepared in performing this Agreement, whether completed or in progress, with the ENGINEER retaining copies of the same. 18.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK to completion utilizing other qualified firms or individuals; provided, the ENGINEER shall have no responsibility to prosecute further WORK thereon. 18.7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined that the ENGINEER has not so failed, the termination shall be deemed to have been effected for the convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be determined as set forth in subparagraph 18.4 of this Section. 18.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its obligations to complete performance under this Agreement without the concurrence and written approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment shall be made as set forth in subparagraph 18.3 of this Section. SECTION 19 DISPUTE RESOLUTION 19.1 In the event that any dispute shall arise as to the interpretation or performance of this Agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If neither of the afore mentioned Page 11 methods are successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, Washington in accordance with SECTION 15. If both parties consent in writing, other available means of dispute resolution may be implemented. SECTION 20 NOTICE 20.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at the address set forth below. Notice shall be considered issued and effective upon receipt thereof by the addressee -party, or seventy-two (72) hours after mailing by certified mail to the place of business set forth below, whichever is earlier. CITY: City of Yakima 129 N 2nd Street Yakima, WA 98901 Attn: Bill Preston, P.E.. ENGINEER: WEST Consultants, Inc. 11400 SE 8th Street, Suite 410 Bellevue, WA 98004 Attn: Andreas Kammereck, PE, VP SECTION 21 INSPECTION AND PRODUCTION OF RECORDS 21.1 The records relating to the WORK shall, at all times, be subject to inspection by and with the approval of the City, but the making of (or failure or delay in making) such inspection or approval shall not relieve ENGINEER of responsibility for performance of the WORK in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. ENGINEER shall provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City. ENGINEER's records relating to the WORK will be provided to the City upon the City's request. 21.2 ENGINEER shall promptly furnish the City with such information and records which are related to the WORK of this Agreement as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation payable under this Agreement, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, ENGINEER shall retain and provide the City access to (and the City shall have the right to examine, audit and copy) all of ENGINEER's books, documents, papers and records which are related to the WORK performed by ENGINEER under this Agreement. If any litigation, claim, or audit is started before the expiration of the six -year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Prior to convertinq, any paper records to electronic format and/or destroying anv records, ENGINEER shall contact C1TY's Records Administrator (509-575-6037) to discuss retention. In no event shall anv record relating to the WORK be destroyed without CITY consultation: 21.3 All records relating to ENGINEER's services under this Agreement must be made available to the City, and the records relating to the WORK are City of Yakima records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to ENGINEER's services under this Agreement must be retained by ENGINEER for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. 21.4 The terms of this section shall survive any expiration or termination of this Agreement. SECTION 22 COMPLIANCE WITH THE LAW 22.1 ENGINEER agrees to perform all WORK under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise, including policies adopted by the City, as those laws, ordinances, rules, regulations, and policies now exist Page 12 22.2 or may hereafterbe 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. ENGINEER shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful execution of its work. a. Procurement of a City Business License. ENGINEER must procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. b. ENGINEER must provide proof of a valid Washington department of Revenue state excise tax registration number, as required in Title 85 RCW. c. ENGINEER must provide proof of a valid Washington Unified Business Identification (UBI) number. ENGINEER must have a current UBI number and not be disqualified from bidding on any public works contract under RCW 39.06.101 or 36.12.065(3). d. ENGINEER must provide proof of a valid Washington Employment Security Department number as required by Title 50 RCW. e. Foreign (Non -Washington) Corporations: Although the City does not require foreign corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and agreed that any such corporation will promptly take all necessary measures to become authorized to conduct business in the City of Yakima, at their own expense, without regard to whether such corporation is actually awarded the contract, and in the event that the award is made, prior to conducting any business in the City. SECTION 23 MISCELLANEOUS PROVISIONS 23.1 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. 23.2 Agreement documents. This Agreement, the Request for Qualifications & Proposals No. N/A, 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 lasing Manager, 129 No. 2,9 St., Yakima, WA, 98901, and are hereby incorporated by reference into this Agreement. 23.3 Notice of change in financial condition, lf, 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. 23.4 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. 23.5 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. Page 13 Release of broadcast emails pertaining to this procurement shall not be made without prior written authorization of the City. 23.6 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. 23.7 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. 23.8 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. 23.9 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. 23.10 Survival. The foregoing sections of this Agreement, inclusive, shall survive the expiration or termination of this Agreement, in accordance with their terms. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective authorized officers or representatives as of the day and year first above written. Printed Name: V C Title: City Manager CITY CONTRACT NO: RESOLUTION NO: WEST Consultants, Inc. Signature Printed Name: Andreas Kamrereck Title: Vice President Page 14 List of Exhibits attached to this contract: Exhibit A — Proposal to City of Yakima -Hydraulic Analysis Project at 1010 91 st Ave in Yakima, WA Exhibit B — See Section titled "Cost Estimate and Commissioning of Work" on Page 11 of the proposal included in Exhibit A Exhibit C — WEST Consultants, Inc. 2025 Rate Schedule STATE OF WASHINGTON COUNTY OF YAKIMA j ss I certify that I know or have satisfactory evidence that Vicki Baker is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she vvas authorized to execute the instrument, and acknowledged it as the CITY MANAGER of the CITY OF YAKIMA, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Seal or Stamp T Na 107265 (Signature) Title Printed Na My commission expires: Page 15 STATE OF WASHINGTON COUNTY OF 't`Afttdt " ) ss. I certify that I know or have satisfactory evidence that ;ti appeared before me, and said person acknowledged that he/she signed "rat h /she was author" o exec to the instrument, and e. m', Q "-' of V'Jt J Q7h5u RAYit& to be the free r the uses and purposes mentioned in the instruments Dated: Seal or Stamp 25009048 e Op wAsk.‘ ° �9 is the person who this instrument, on oath stated acknowledged it as the and voluntary act of such party Title Pnnted Name My commission expires: A Zy_ Page 16 EXHIBIT A (Proposal to City of Yakima — Hydraulic Analysis Project at 1010 91st Ave in Yakima, WA) Page 17 EXHIBIT B (See Section titled "Cost Estimate and Commissioning of Work" on Page 11 of the proposal included in Exhibit A) Page 18 EXHIBIT C WEST Consultants, Inc. 2025 Rate Schedule Page 19 OPO AL TO I k �t OF AA — Y R ULIC NIALYSI ROJECT AT OUTH YAK A WEST CONSULTANTS ENVIRONMENTAL I SEDIMENTATION I TECHNOLOOY Bill Preston, PE, Community Development Director Transmitted via email to en ineerinc y kimawa gov with cc to BiII,Preston@yakimawa.gov City of Yakima, Community Development Department Dear Mr. Preston: WEST Consultants, Inc. (WEST) would like to submit this proposal, including a proposed scope of work and cost estimate, in response to the City of Yakima's request for proposals for "Hydraulic Analysis Project" to complete a comprehensive hydraulic analysis to determine the adverse impacts from construction of a single-family home in the floodplain at 1010 South 91st Ave, in Yakima; in order to understand the hydraulic characteristics, identify potential issue, and propose conceptual solutions. We believe that we are in a unique position to conduct this study for the City because: (1) WEST developed the effective FEMA study on the creeks affected by this study for Yakima County, including within the City of Yakima, and (2) WEST developed the CLOMR and LOMR for the Anderson Park development. In addition to this direct experience, we have extensive knowledge on numerical hydraulic models that might be applied to this hydraulic analysis, including HEC-RAS 1 D and 2D, and SRH-2D. Staff included for this study have taught HEC-RAS 1 D and 2D courses throughout the country, and we have applied SRH-2D for over 85 studies for Washington DOT. WEST will maintain continuity of knowledge and experience by proposing Keelan Jensen, PE, as the Project Manager, Raymond Walton, PhD, PE, as the lead QA/QC, and Sarah Harvey as the GIS and mapping lead. Keelan managed the Anderson Park hydraulic study using HEC-RAS and numerous WSDOT culvert replacement studies using SRH-2D. Ray managed all the FEMA flood insurance studies conducted in Yakima County and has applied SRH-2D to several WSDOT culvert replacement studies. And Sarah performed all the GIS analyses and mapping to local and FEMA standards. We believe that no other team can offer this level of experience and expertise! As Vice President and the Office Manager for our Bellevue operations, I can commit to providing this team to execute this important study. We are looking forward to working with you and the City on this important study. Sincerely, Andrea Kammereck, PE WEST Consultants, Inc. 11400 SE 8th Street, Ste 410, Bellevue, WA 98004 Phone: (425) 646-8806 Email: _akajmnereck@Ave OnStittar I CO Website: www.WESTconsultants.com liPage Established in 1988, WEST Consultants, Inc. (WEST), is a firm dedicated to providing specialized water resources engineering services relevant to Water, Environment, Sedimentation, and Technology. WEST personnel are nationally recognized modeling experts in hydrology, hydraulics, geomorphology, sediment transport, and water quality. We are known for the development of innovative computer modeling tools, expertise in complex modeling situations, and the provision of effective professional training courses. WEST provides water resources engineering and planning services for our clients requiring advanced numerical modeling and mapping. Our portfolio of services includes hydrologic and hydraulic engineering, flood insurance studies, reservoir studies (dam break, probable maximum flood, dam safety, reservoir operations), flood warning and forecasting, bridge and culvert hydraulics and scour analyses, sediment transport and geomorphology, wetland hydrology, surface and groundwater hydrology modeling, flood control, multi -dimensional hydraulic modeling, erosion control and stream stabilization, stormwater management, water quality and contaminant transport modeling, coastal and estuarine modeling, rainfall and stream flow gauging, holistic land management and green infrastructure, applied research, software sales, computer programming, training, and quality assurance. Currently, WEST is supporting FEMA in the review of flood insurance studies throughout the nation, with key staff having worked previously at FEMA. Staffed by highly qualified hydraulic, hydrologic engineers and scientists with diversified project experience, WEST engineers have strong academic backgrounds, enabling the firm to work on projects involving applied research and state-of-the-art technology as well as traditional methodologies. WEST currently has 68 employees in eight offices in five states: Bellevue and Vancouver, Washington; Tempe and Red Rock, Arizona; San Diego and Folsom, California; Salem, Oregon; and Dallas, Texas. WEST Consultants has assembled a highly qualified team with significant experience performing hydraulic studies in Yakima County and the City of Yakima. We have included staff who worked on the effective FEMA flood insurance studies (including hydrologic, hydraulic and mapping activities) and the CLOMR/LOMR associated with the Anderson Park development. Because of this background, we will be able to "hit the ground running" as we are very familiar with the area and already have reviewed much of the available information concerning past floods (especially the February 1996 event) and floodplain characteristics. Below are the unique qualifications of individual staff members. EY STAFF Officer -in -Charge Andreas Kammereck, PE, MBA Andreas Kammereck is a Vice President and manages the Bellevue, Washington, office. Mr. Kammereck brings over 30 years of hydrotechnical engineering experience in hydrology, hydraulics, fluvial geomorphology and civil design integrated with geotechnical and geological efforts. Mr. Kammereck's expertise includes programming, client and project leadership and management, risk -based assessment and analysis, planning, engineering, design, specifications, cost estimates, permit support, construction, and emergency response. Before joining WEST, Mr. Kammereck served for —5 years as a river and flood engineer with Whatcom County Public Works managing river and flood project planning and design and construction, managing the County FEMA NFIP, and leading flood -fight response; and for more than 23 years as an engineering consultant with Golder Associates (overlapping with the acquisition by WSP) as a project and program leader managing client and project efforts that integrated hydrotechnical, geotechnical, geologic and 2IPage environmental disciplines. His client and project experience covers hundreds of streams and most of the major rivers in the Pacific Northwest; programs and projects spanning the continental United States and Canada; as well as projects in Australia, Africa, the Middle East, Indonesia, Mexico, and South America. Project Manager Keelan Jensen, PE Mr. Jensen has 11 years of engineering experience working on and managing projects throughout the state of Washington and the Pacific Northwest. For the last 5 years, he has led WEST's efforts in supporting WSDOT's Fish Barrier Removal program, working on or managing more than 80 fish barrier replacement projects throughout western Washington. These projects have included field work and data collection, hydrologic analysis, development and modeling of design alternatives, sediment design and scour analysis, and assessing impacts of climate change. These projects have included 2-Dimensional (2D) modeling in SRH-2D to assess hydraulic conditions and verify hydraulic characteristics of the proposed designs. Mr. Jensen has been trained in and has experience with several programs used in hydraulic and hydrologic modeling, including HEC-RAS, HEC-HMS, HEC-SSP, SRH-2D, SMS, GSSHA, MODFLOW, ArcGIS, and FishXing. Keelan has also completed WSDOT's Scour Certification program. In addition to crossing replacements, Mr. Jensen has significant experience with 1 D and 2D modeling, including both HEC-RAS and SRH-2D. He has developed 2D models on the White, Cedar, Chehalis, Wynoochee, Skagit, and Boise Rivers that were used to determine scour, assess river hydraulics, analyze impacts of floodplain changes, and determine flood impacts. Additionally, the model of the White River was used to assess sediment transport and deposition, as well as long term changes in river bed elevations. He has also worked on and managed several detailed FEMA flood insurance studies (FIS) in both King and Yakima Counties in Washington, including map change studies for CLOMR, LOMR, LOMR-F and LOMA applications. His FIS work has included hydrologic analysis, development and updating of HEC-RAS models, and encroachment analysis to determine Floodway limits. He was the lead modeler for the CLOMR/LOMR analysis of the Anderson Park development. Lead QA/QC Raymond Walton, PhD, PE, BC.WRE Dr. Walton is a senior engineer and former office manager in the Bellevue office of WEST Consultants. He has 50 years of experience including the Hydraulic Research Station in the U.K., teaching at North Carolina State University, two large U.S. engineering firms, and 30 years at WEST Consultants. He has degrees in Mathematics, Hydrology and Hydraulics, His work experience includes flood insurance studies, dam safety studies, river temperature modeling, flood control, watershed hydrology, and Columbia River Treaty analyses through the Corps of Engineers. Dr. Walton has taught numerous courses using HEC-RAS 1 D and 2D to groups throughout the country including Yakima County, Pierce County, Texas DOT, ASCE, and several Districts of the Corps of Engineers. He has also worked on a number of culvert replacement studies using SRH-2D for Washington DOT. This combined with his mathematical background and extensive model development experience enables him to select the "right model for the job. Locally, Dr. Walton managed all the flood insurance Yakima County studies for the County and the Washington State Department of Ecology. Creeks studied include Wide Hollow, upper and lower Ahtanum, Bachelor, Spring Creek, Shaw, Cowiche, and the Naches River. Currently, he is managing the completion of a flood insurance study for the 31Page City of Spokane Valley and parts of Spokane County and reviewing a number of no -rise studies in western Washington (Cities of Chehalis and Sequim). He is also serving on the State of Washington's Technical Advisory Committee to review the Total Maximum Daily Load (TMDL) studies and implement plans for the Columbia River and lower Snake River system. Lead GIS Analyst Sarah Harvey Ms. Harvey is a registered Geographic Information Systems Professional (No. 91838) and the lead GIS Analyst with WEST Consultants. She has more than 18 years of experience in inundation mapping, flood hazard analysis, geodatabase management, terrain development, CAD-GIS integration, hydraulic model development, and QAQC. She taught courses in GIS for Hydrology and Hydraulics for the ASCE for 5 years. Ms. Harvey led the GIS effort for multiple flood insurance studies in Yakima County, including hydraulic geometry development, floodplain mapping for the Upper Naches, Cowiche Creek, and Wide Hollow Basins. She also led the GIS and mapping activities for the CLOMR/LOMR analyses for the Anderson Park development. She is experienced in integrating survey data with LiDAR for improving model geometry and inundation results. Ms. Harvey has developed workflows for mapping 2D hydraulic model results that allow for efficient editing of inundation boundaries with minimal loss of accuracy. She has also performed multiple floodplain boundary standard audits to ensure inundation mapping products met FEMA standards. Lead FEMA Specialist Ramesh S. Chintala, PE, CFM, BC.WRE Mr. Chintala leads the Texas area operations for WEST Consultants and has three decades of experience managing and directing a wide variety of water resources engineering and planning projects throughout the United States. He has served a broad spectrum of clients including federal, state, regional, local, and private organizations. His expertise includes watershed master planning, hydraulic modeling, flood control design, stormwater drainage design, fluvial geomorphology, design of streambank protection and stream restoration, floodplain management, bridge hydraulics and scour studies, river ice engineering, alluvial fan studies, and sedimentation studies. Mr. Chintala has been extensively involved with FEMA floodplain mapping projects and programs throughout his career. He is currently managing WEST's efforts to support FEMA MT-2 LOMR reviews for the FOCUS Joint Venture nationwide FEMA contract. While previously working at FEMA, he led Digital Flood Insurance Map (DFIRM) production for Texas, Louisiana, Oklahoma, Arkansas, and New Mexico, and directed daily operations at FEMA Region VI's Regional Management Center in Denton, Texas during their Map Modernization Program. He has prepared and directed many FEMA flood insurance studies, physical map revisions (PMR), single and multiple lot LOMA (MT-1) applications and elevation certificates, over 30 LOMR/CLOMR (MT-2) applications and reviewed more than 100 LOMR/CLOMR applications. He has also managed several watershed master planning and neighborhood - scale storm drainage design feasibility studies 4IPage , ,tiriegift..,m1,1M I Nd44144 ..+114(41t ilM1444.0,001' ,...*!..4405*40140A=0 k^4,44110,14K14 orm,"44,;144e4ATOrtt,'OiaNgAit0164,40 ,,44446, 04,04"4001,,k1V.ialftlfrfm,WV,,,,, ''-t,1900YIK;;IONOMOOMOgabAifiONAK:4'9"' *** n vada,W000.1•4#.1,Mcg441,0V0,40$704k14,441A ,,,,,,RPOVAtpigNWARINPAPIONOKK*4404VAtatt.,.'. ,p.aftonfing470,YWOOMegualtAPWRi00,30., V(004')N;11*, ' ' ',',VATMAVA4)404r4f44•0000X40,444140:4441gitfrne,,,--- ;;.01044;40,500g4441,010iNWA''''''''' • ;'gtO*WkkfMW/gMtV+Plt,4*Alig•'+t41'•.--'• 'igkfttPga0§V'eh, Ahtanun T asin Flood insurance Study, Yakima County and Washington State Department of Ecology WEST Consultants, Inc., conducted a FEMA Digital Flood Insurance Rate Map (DFIRM) Production Study along 86 river miles of Ahtanum Creek, Hatton Creek, Wide Hollow Creek and Bachelor Creek in Yakima County, Washington. The scope of work for the project included field reconnaissance, review of historic flood information (including the major 1996 flood), topographic data development, hydrologic analyses, hydraulic analyses, floodplain mapping and post -preliminary DFIRM processing. Ground surveys of channel cross -sections and structures were collected using a combination of GPS and Optical Total Station equipment. Overbank area topography was acquired from existing LiDAR data. All work was being performed in accordance with the standards specified in FEMA's Guidelines and Specifications for Flood Hazard Mapping Partners. The hydrologic analysis for this study was unique in that a Flood Frequency Analysis (FFA) was applied using the combined data from two gauging stations with different, and overlapping, periods -of -record to create a significantly longer period -of -record on which to base the analysis. Ahtanum Creek Dates: 2008 - 2017 Project Location: Yakima County Contract: $309,536 (Ahtanum study) Firm Role: Consultant Elements: HEC-RAS \ Firtr.r0.1.1 ''•••;,• HEC-RAS was used to model this complicated system with multiple channels, numerous flow splits and overbank flow paths. The RAS model consists of over 1,200 cross -sections, 34 reaches and dozens of culverts, bridges and lateral structures. Upon completion of the hydraulic modeling HEC-GeoRAS was used for post - processing results and to help guide detailed floodplain mapping. After thorough in-house and independent FEMA (NSP) review, the submitted digital floodplain and floodway maps was used as a basis for developing DFIRMs for Yakima County, WA. Bachelor Creek In addition to the Ahtanum Creek study, WEST also conducted flood insurance studies on Cowiche Creek and the Naches, and an analysis of the Shaw Creek bypass, for Yakima County. In fall 2011, we conducted an HEC-RAS training class for County staff. Reference: Troy Havens 128 N 2nd Street Yakima, WA 98901 (509) 574-2315 trov.havenseco.vakima.wa.us 51Pa g e Spring Creek Tributary CLOMR/LOMR HLA Engineering and Land Surveying, Inc. WEST Consultants, Inc. (WEST), in association with HLA Engineering and Land Surveying, Inc., and Cottonwood Partners, LLC, prepared both Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision (LOMR) submittals for Spring Creek Tributary 1 in Yakima County, Washington. A development being proposed on the north bank of Tributary 1 required grading adjustments in the mapped floodplain. At the time of the study, the effective Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) for Tributary 1 included overflow reaches both upstream and downstream of the project area. During the study, three additional overflow reaches were added to the hydraulic model in the study area to better define the flow paths in this hydraulically complex location. These flow paths were defined using a basic 2D model Dates: June 2018 — April 2021 Project Location: Central Washington Contract: $39,977 Fees: $39,977 Firm Role: Subconsultant Elements: HEC-RAS; FEMA LOMR in HEC-RAS, then creating reaches along primary observed flow paths in the 1D model. Division of flow along the flow paths was determined using the Flow Optimization routines within HEC-RAS. For the hydraulic analysis, proposed (for the CLOMR) and as -built (for the LOMR) grading was incorporated into existing LiDAR for the area. Floodplains were delineated for 1%-annual-chance (100-year) and 0.2%- annual-chance (500-year) flood events and for study area. The regulatory floodway was also extended. A floodplain workmap, revised floodway data table and flood profiles, and annotated/revised FIRM panels were prepared. The LOMR submittal was approved by FEMA with minimal comments on the modeling and mapping, } During the CLOMR process, WEST and HLA coordinated with the county to adjust the proposed grading and construction plans to improve flow paths near the proposed development. Reference: Mike Heit 2803 River Road Yakima, WA 98902 (509) 966-7000 mheit@hlacivil.com Wage WSDOT Fish Barrier Replacements — WSDOT State Hydra As part of WSDOT's ongoing effort to replace fish barriers under highways statewide, WEST has participated in developing Preliminary Hydraulic Design (PHD) and/or Final Hydraulic Design (FHD) reports for more than 85 highway stream crossings throughout western Washington. Crossings have been located on highways ranging from small two-lane rural roads to wide multi -lane interstates and major state highways. In completing PHD and FHD reports, WEST performed various site and desktop assessments for each site, included sediment sampling, collection of bankfull widths, identification of a reference reach for design of the proposed crossing, assessments of hydraulic and geomorphic conditions of each stream, and development of appropriate hydrology for the site. Project Locations throughout Western Washington Dates: 2016 -Ongoing Project Locations: Western Washington Contract: Various Firm Role: Prime and Subconsultant Elements: Stream Restoration, SRH-2D, Scour Analysis, Field Data Collection, Geomorphology, Flood Risk Assessment cs Office Using the collected and available data, a 2D hydraulic model was developed using SRH-2D for each site, which included both the existing and proposed conditions. These models were used to assess existing hydraulic conditions and to verify that the proposed design will meet fish passage criteria. In many cases, additional scenarios representing "natural", or pre -development, conditions were also developed. These SRH-2D models were also used to assess design alternatives for the sites, when needed. The SRH-2D models incorporated channel and habitat complexity design features, such as meander bars and large woody material (LWM) structures, with enough resolution to determine hydraulic impacts of these features on the project streams and structures. Using results from the hydraulic models for each site, scour was computed for the proposed crossings, including both lateral and vertical stability assessments, using HEC-18, HEC-20, and HEC-23 guidelines. In addition to assessing design alternatives and criteria, hydraulic model results were also used to perform preliminary assessments of floodplain impacts and risks of the proposed design for each of the project sites. These assessments were used to identify what studies were needed for the site (CLOMR, No -rise, LOMR), to meet local and FEMA floodplain permitting requirements. Reference: Julie Heilman, PE, WSDOT State Hydraulics Engineer (509) 557-1703 ii heilinarOwsdpt.wagov 'Wage Scope of Work In preparing this scope of work (SOW), we propose to expand on existing work and studies rather than starting over. Specifically, we already have much of the information relating to the 1996 flood in Yakima County, as well as the existing HEC-RAS flood insurance study of Yakima County and HEC-RAS 2D model for the Anderson Park CLOMR/LOMR study. We believe that expanding on this work will be consistent with previous work and be efficient (time and cost savings) for the City. After reviewing the text of the Request for Proposals (RFP), we first make the following assumptions and adjustments: ♦ The 1996 flood is the largest in recent memory and we already have data from this event. We do not recommend looking for visible high water marks (HWMs) as they would represent smaller, more frequent events and be of limited use for our analyses. During the Anderson Park CLOMR/LOMR study, WEST developed a 2D model using HEC-RAS. The purpose of this model was to determine flow paths around the proposed fill placement to direct more detailed HEC-RAS 1 D modeling. For this current analysis, we recommend further development of the HEC-RAS 2D model. Having extensive experience with the SRH-2D software, we believe that it would be very time -intensive to align the grid to define houses within the fenced area and then remove them from the grid. Rather, we propose to include houses within the fenced area by modifying the terrain. As HEC-RAS uses all the terrain information beneath each cell (rather than at the cells corners as in SRH-2D), this will simplify model development and achieve the same objective, and also allows us to build on the existing HEC-RAS 2D model rather than starting a new model. We should note that either approach assumes that water cannot enter the houses. We have not included a geotechnical engineer for this study because we do not believe that scour is a major issue at either site, and WEST staff are well trained in scour evaluation studies. ♦ We assume that the City of Yakima will provide any building permits needed. We will obtain any as -built drawings needed from the developers of the home in the floodway and Anderson Park (HLA) or from the City of Yakima. 1. Site Assessment and Data Collection Before the site assessment, GIS staff will locate the FEMA sections on a site map using GIS coordinates. The team will also review existing flood information, especially the 1996 flood. We will download the most recent LiDAR data (from 2020) and develop 1-foot contours of the project sites. We will use aerial imagery from Google Earth and review the time history of project development. WEST staff will travel to Yakima to review the single-family home in the floodway and the Anderson Park subdivision, During this site visit, we will identify any clear flow paths and look for signs of scour. We will photograph and use camera GPS positioning for any signs of flow paths, locations of FEMA cross sections, fences within the project area, scour, and other relevant features. We assume that the City of Yakima will provide the needed access permissions. We will pay specific attention to the construction of fences to determine whether they might have the ability to block or redirect any flood floods. We will not determine whether the fences could be certified as barriers to flood flows. 2. House in Floodway We have briefly evaluated the home in the floodway (at 1010 South 91st Avenue) and determined that ground elevations from the most -recent LiDAR coverage are below the base flood elevation (BFE) from the effective FEMA flood insurance Wage study. We will review the available information, including from the site assessment, and consider possible mitigation alternatives. 3. Model of Anderson Park WEST Consultants worked with HLA Engineering and Land Surveying, Inc. (HLA) on the CLOMR/LOMR for the Anderson Park development. The purpose of WEST's analysis was to redefine the floodplain and floodway to allow the development to be constructed on fill placed above the BFE. The CLOMR and LOMR were approved by FEMA and construction occurred outside of the redefined floodplain. We understand that since then, a number of homes have constructed fences within the revised floodplains and floodways. The City wishes to understand whether these fences might obstruct and re- route flood flows, and to understand have they could influence flow patterns and potential scour. During the Anderson Park CLOMR/LOMR study, WEST developed a 2D model using HEC-RAS. The purpose of this model was to determine flow paths around the proposed fill placement to direct more detailed HEC-RAS 1D modeling. For this analysis, we recommend further development of the HEC- RAS 2D model. The latest LiDAR coverage (2020) does not include the finished Anderson Park development. This was completed in 2023. Therefore, WEST will obtain the CAD drawings of the completed development and convert them to a terrain that includes the houses constructed with the fenced area. We will blend this information with the LiDAR coverage to create a "with development" terrain. As HEC-RAS uses all the terrain information beneath each cell (rather than at the cells corners as in SRH-2D), this will simplify the model development and achieve the same objective and also allow us to build on the existing HEC-RAS 2D model rather than starting a new model. We note again that either approach assumes that water cannot enter the houses. We will model unique features, including higher ground (such as roads) and fences using "breaklines" that can be converted to the "lateral structure" feature of HEC-RAS. Breaklines converted to lateral structures will be given ground elevations for features such as roads or "high" elevations to prevent the overtopping of fences. The previous HEC-RAS 2D model provided inflows from the west at a "narrow" part of the effective FEMA floodplain where flows are well defined. The flows from the FEMA model were used as inflows to the 2D model. We will use these same inflows to be consistent with the effective FEMA studies and the Anderson Park CLOMR/LOMR studies. We will evaluate the Mannings n roughness values from the previous 2D model and update these values as appropriate. Sources of information include the National Land Cover Data Base, aerial photographs and site reconnaissance. The development of roughness values is not an exact science and often requires input from experienced modelers. Several situations will be carefully evaluated, including roughness values for areas with mixed use, such as homes (not included in the terrain) and gardens and streets, and areas exhibiting shallow flooding where roughness values are often underestimated by inexperienced modelers. We will prepare the roughness coverage for the model and share with City staff for review. 9IPage The HEC-RAS 2D model's project and plan files will be indexed with the project's metdata identifies in the RFP. The flow files will be indexed with the source of inflows from the effective FEMA model and outflow boundary conditions. Once the 2D model has been updated (denser grid, roughness layer, treatment of higher ground and fences), we will run a series of cases and compare results: A "base" case in which the houses within the fences and the fences are not modeled. This will give us results similar the effective FEMA model. A "with house" case in which the houses are modeled (as modified terrain), to influence flow paths, but the fences are not included. A "with fences" case in which the houses within the fenced area and the fences are modeled. We will assume a fourth case might be modeled where the fences are modified in an attempt to mitigate flow changes. Output from the model will include plan view elevation contour plots of the terrain surface, locations of monitoring points and monitoring lines, plots and tables of depths, water surface elevations, and velocities. We will evaluate the velocities to determine if they might cause scour. The results will be used to compare cases, especially to evaluate the influence of fence construction on modifying the local flows and water surface elevations. 4. Reports and Meetings We will prepare two summary reports. The first will cover the site assessment, and include information about site conditions, evidence of flooding and scour holes, evidence of high water marks (through GPS, descriptions and photographs), photographs at established FEMA model cross sections, and relevant floodplain/floodway regulations. This report will also include copies of the field notes, potential roughness values, and recommendations for additional evaluations and model studies. It will also include some possible concepts for mitigating the houses in the floodway if a possible solution can be conceived. The second report will cover the development and application of the HEC-RAS 2D model. It will describe flow patterns with and without the fences and will include recommendations for fencing in the Anderson Park subdivision. Supporting information will include digital model files (LiDAR, TIN, etc.), model project files, electronic model files, and any plots created by the project. We anticipate two meetings. The first will discuss the findings of the site assessment and possible concepts to mitigate the house in the floodway. The second meeting will discuss the model study and its findings. Both meetings will be conducted remotely. 10IPage a I The following preliminary cost estimate has bee developed, based on the available information. We would propose to review the final details of the project and corresponding scope to confirm availability of data/information, and to make any adjustments needed to the scope and budget to best reflect available data/information. Task # 2. 3.1 3.2 3.3 3.4 3.5 4 Desc ion VP RATES Site Assessment Project Management Site Visit House In Ftoodway Mitigation Alternatives Model of Anderson Park Base Case Model with Houses Model with Fences1 Mitigation Alternative Analysis of Results' e.orls and Meetings' 4.1 Site Assessment Report, 4.2 Site Assessment Meeting 4.3 Anderson Park Repor 4.4 Anderson Park Meeting Total hours 30 114 22 92 38 8 304 Labor Costs $ 9,870 $ 26,676 $ 6,754 $ 14,352 $ 7,866 $ 2,632 $ 68,150 Incidentals (site visit) $ 400 Total other costs $ 400 7 2 Project anage Engineer GIS Lead FEMA Expert 234.00 $ 307.00 $ 156.00 $ 207.00 $ 329.00 8 0 30$ 7, 40 40' 48 12 8 4 16 1 8 4 30 8 2 8 4 4 27 16 5 16 6 0 SO $ 1 „ 2 4 1 2 9 Hours Costs 4 64 $ 16,592 7 80 20 4 164$ 32.962 2 40 4 59 1 8 4 22 1 8 4 18 2 1 TOTAL $ 68,550 This preliminary cost estimate incorporates an estimated level of effort for identified task efforts based on previous and similar work. Individual staff unit rates are based on WEST's 2025 rate schedule. Commissioning the Work We assume that WEST and the City would work together to negotiate terms and conditions to establish a mutually agreeable Agreement for commission the work. 11IPage WATER ENVIRONMENTAL SEDIMENTATION TECHNOLOGY 2025 Rate Schedule Position Rates Principal 371 Associate 350 Vice President 329 Project Manager 3 307 Project Manager 2 264 Project Manager 1 234 Senior Engineer 2 Senior Engineer 1 Project Engineer Staff Engineer 200 176 156 143 Hydrologist/Scientist 5 207 Hydrologist/Scientist 4 187 Hydrologist/Scientist 3 148 Hydrologist/Scientist 2 122 Hydrologist/Scientist 1 104 Engineering Technician 3 159 Engineering Technician 2 127 Engineering Technician 1 103 Engineer Intern 81 Technical Writer 155 Specialty Assistant 121 Administrative Assistant 2 113 Administrative Assistant 1 96 Travel and Per Diem Actual Cost *Airline *Automobile Mileage IRS Business Mileage Rate *Per Diem as per FARS Regulations or Contract *Incidentals -receipts provided for expenses over $25.00 All labor rates are doubled for time spent in deposition or trial for expert witness services