HomeMy WebLinkAbout07/21/2026 07.D. Resolution - agmt with RH2 Engineering_WWTP_sludge thickening improv proj 'V
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.D.
For Meeting of: July 21, 2026
ITEM TITLE: Resolution authorizing a Professional Services Agreement with RH2
Engineering, Inc. to provide engineering services for Sludge
Thickening Improvements at the Wastewater Treatment Plant
(Wastewater Capital Fund 478)
SUBMITTED BY: * Mike Price, Wastewater/Stormwater Manager
SUMMARY EXPLANATION:
This is a resolution authorizing a professional services agreement with RH2 Engineering, Inc. for
engineering services to replace the sludge thickening system at the City of Yakima (City) wastewater
treatment plant. This sludge thickening system project was identified as a priority in the 2022 Treatment
Plant Facility Plan to replace the existing equipment that was installed in 1985.
The City used the Municipal Research and Services Center(MRSC) of Washington Roster, a statewide
small works and consultants roster system, followed by a competitive selection process, in selecting RH2
Engineering, Inc., Inc. to provide the engineering services.
The terms of the Agreement would be in an amount not to exceed Six Hundred Ninety-Two Thousand
Five Hundred and Ninety Dollars ($692,590.) and is attached for City Council review. Funds are
budgeted from Wastewater Capital Fund 478.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY 24-25: A Resilient Yakima
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
Resolution_WWTP_Sludge_Thickening_Improvements.docx
Contract_RH2_Sludge_Thickening.pdf
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RESOLUTION NO. R-2026-
A RESOLUTION authorizing a Professional Services Agreement with RH2 Engineering, Inc.
to provide engineering services for Sludge Thickening Improvements at the
Wastewater Treatment Plant (Wastewater Capital Fund 478)
WHEREAS, the City of Yakima maintains the Yakima Regional Wastewater Treatment
Facility in accordance with applicable Federal, State and Local regulations; and
WHEREAS, the City of Yakima Wastewater Division requires engineering services for
improvements to the sludge thickening system at the wastewater treatment facility; and
WHEREAS, the City of Yakima Wastewater Division representatives have complied with
the provisions of RCW 39.80 which concerns the procurement of engineering and architectural
services by a city; and
WHEREAS, on March 11, 2026, the City held interviews with two engineering firms listed
on the Municipal Research and Services Center (MRSC) of Washington roster as having the
experience and expertise necessary to perform these services; and
WHEREAS, as a result of these interviews, the City selected RH2 Engineering, Inc. as the
most qualified Engineering Firm to perform the required work; and
WHEREAS, the City Council has determined that it is in the best interest of the City of
Yakima to enter into a professional services agreement with RH2 Engineering, Inc., for
engineering services to improve the wastewater treatment facility sludge thickening system; now,
therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute a Professional Services
Agreement between the City of Yakima and RH2 Engineering, Inc., in an amount not to exceed
SIX HUNDRED NINETY-TWO THOUSAND FIVE HUNDRED AND NINETY DOLLARS
($692,590), to provide engineering services for sludge thickening system improvements at the
wastewater treatment facility; a copy of the Agreement is attached hereto and by this reference
made a part hereof.
ADOPTED BY THE CITY COUNCIL this 21st day of July 2026
ATTEST: Matt Brown, Mayor
Rosalinda Ibarra, City Clerk
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AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
RH2 ENGINEERING, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of , 2026, 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 RH2 Engineering, Inc. with
its principal office at 22722 29th Drive SE, Suite 210, Bothell, WA 98021, (hereinafter referred to as
"ENGINEER"); said corporation being licensed and registered to do business in the State of Washington,
and will provide design, permitting, and construction administration services for the Thickener System
Repairs and Improvements (Project No.WF2893) 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 no conflicts of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and ENGINEER agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in
writing by both parties, duties of ENGINEER shall not be construed to exceed those
services specifically set forth herein.
2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign,
Dan J. Mahlum as Principal-in-Charge throughout the term of this Agreement unless
other personnel are approved by the CITY.
2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled
"Thickener System Repairs and Improvements" (WORK) which is attached hereto and made a
part of this Agreement as if fully set forth herein.
2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by
ENGINEER can be defined in detail at the time this Agreement is executed, and that additional
WORK related to the Project and not covered in Exhibit A may be needed during performance of
this Agreement. CITY may, at any time, by written order, direct the ENGINEER to revise portions
of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the
PROJECT, or request that the ENGINEER perform additional WORK beyond the scope of the
PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services."
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2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or
time required for, performance of any services under this Agreement, a contract price
and/or completion time adjustment pursuant to this Agreement shall be made and this
Agreement shall be modified in writing and accepted by the parties hereto.
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the ENGINEER according to the provisions set forth in Exhibit B, attached
hereto and incorporated herein by this reference, and if so authorized, shall be
considered part of the PROJECT WORK. The ENGINEER shall not perform any
Additional Services until so authorized by CITY and agreed to by the ENGINEER in
writing.
2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the
date of the ENGINEER's receipt of the written notification of change.
SECTION 3 TERM
3.1 The term of this AGREEMENT shall be for a period of three (3) years from the date of contract
execution.
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.
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SECTION 6 COMPENSATION
6.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services
described in Exhibit A, compensation shall utilize current contractor hourly rates. Estimated rates
identified in Exhibit C - Schedule of Specific Hourly Rates, attached hereto and incorporated
herein by this reference, on a time spent basis plus reimbursement for direct non-salary
expenses.
6.1.1 DIRECT NON-SALARY EXPENSES: Direct Non-Salary Expenses are those costs
incurred on or directly for the PROJECT including, but not limited to, necessary
transportation costs, including current rates for ENGINEER'S vehicles; meals and
lodging; laboratory tests and analyses; printing, binding and reproduction charges; all
costs associated with other outside nonprofessional services and facilities; special CITY-
requested and PROJECT-related insurance and performance warranty costs; and other
similar costs. Reimbursement for Direct Non-Salary Expenses will be on the basis of
actual charges plus a reasonable markup, not to exceed ten percent (10%), and on the
basis of current rates when furnished by ENGINEER. Estimated Direct Non-Salary
Expenses are shown in Exhibit B.
6.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the ENGINEER and each of the
Subconsultants in connection with PROJECT WORK; provided, as follows:
• That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents
per mile will be paid for the operation, maintenance, and depreciation
costs of company or individually owned vehicles for that portion of time
they are used for PROJECT WORK. ENGINEER, whenever possible,
will use the least expensive form of ground transportation.
• That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person. This rate may be
adjusted on a yearly basis.
• That accommodation shall be at a reasonably priced hotel/motel.
• That air travel shall be by coach class, and shall be used only when
absolutely necessary.
6.1.2 Telephone charges, computer charges, in-house reproduction charges, first class
postage, and FAX charges are not included in the direct expense costs, but are
considered included in the Schedule of Specific Hourly Billing Rates.
6.1.3 Professional Subconsultants. Professional Subconsultants are those costs for
engineering, architecture, geotechnical services and similar professional services
approved by the CITY. Reimbursement for Professional Subconsultants will be on the
basis of actual costs billed plus a reasonable markup, not to exceed ten percent (10%)
for services provided to the CITY through this Agreement. Estimated Subconsultant
costs are shown in Exhibit B.
6.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this
PROJECT shall not exceed Six Hundred Ninety-Two Thousand, Five Hundred Ninety dollars
($692,590) 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
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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
period, copies of subconsultant invoices, and any other supporting materials and details
determined necessary by the City to substantiate the costs incurred. CITY will use its best efforts
to pay such invoices within thirty (30) days of receipt and upon approval of the WORK done and
amount billed. CITY will notify the ENGINEER promptly if any problems are noted with the
invoice. CITY may question any item in an invoice, noting to ENGINEER the questionable item(s)
and withholding payment for such item(s). The ENGINEER may resubmit such item(s) in a
subsequent invoice together with additional supporting information requested.
6.4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on
the unpaid balance shall accrue beginning with the sixty-first (61st) day at the rate of 1.0% per
month or the maximum interest rate permitted by law, whichever is less; provided, however, that
no interest shall accrue pursuant to Chapter 39.76 RCW when before the date of timely payment
a notice of dispute is issued in good faith by the CITY to the ENGINEER pursuant to the terms of
RCW 39.76.020(4).
6.5 Final payment of any balance due the ENGINEER for PROJECT services will be made within
forty-five (45) days after satisfactory completion of the services required by this Agreement as
evidenced by CITY's written acceptance and after such audit or verification as CITY may deem
necessary, together with ENGINEER's execution and delivery of a release of all known payment
claims against CITY arising under or by virtue of this Agreement, other than such payment
claims, if any, as may be specifically exempted by the ENGINEER from the operation of the
release in stated amounts to be set forth therein.
6.6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY
of any claims, right, or remedy it may have against the ENGINEER under this Agreement or by
law, nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure or
fault of the ENGINEER to satisfactorily perform the PROJECT WORK as required under this
Agreement.
SECTION 7 RESPONSIBILITY OF ENGINEER
7.1 The ENGINEER shall be responsible for the professional quality, technical adequacy and
accuracy, timely completion, and the coordination of all plans, designs, drawings, specifications,
reports, and other services furnished by the ENGINEER under this Agreement. The ENGINEER
shall, without additional compensation, correct or review any errors, omissions, or other
deficiencies in its plans, designs, drawings, specifications, reports, and other services. The
ENGINEER shall perform its WORK according to generally accepted civil engineering standards
of care and consistent with achieving the PROJECT WORK within budget, on time, and in
compliance with applicable laws, regulations, and permits.
7.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications,
reports, and incidental WORK or services furnished hereunder shall not in any way relieve the
ENGINEER of responsibility for the technical adequacy, completeness, or accuracy of its WORK
and the PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not
be construed to operate as a waiver of any rights under this Agreement or at law or any cause of
action arising out of the performance of this Agreement.
7.3 In performing WORK and services hereunder, the ENGINEER and its subcontractors,
subconsultants, employees, agents, and representatives shall be acting as independent
contractors and shall not be deemed or construed to be employees or agents of CITY in any
manner whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an officer or
employee of CITY by reason hereof and shall not make any claim, demand, or application to or
for any right or privilege applicable to an officer or employee of CITY. The ENGINEER shall be
solely responsible for any claims for wages or compensation by ENGINEER's employees, agents,
and representatives, including subconsultants and subcontractors, and shall save and hold CITY
harmless therefrom.
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7.4 INDEMNIFICATION AND HOLD HARMLESS:
a. ENGINEER shall take all necessary precautions in performing the WORK to prevent injury to
persons or property. The ENGINEER agrees to release, indemnify, defend, and hold
harmless the City, its elected and appointed officials, officers, employees, agents,
representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and
expenses related to all claims, suits, arbitration actions, investigations, and regulatory or
other governmental proceedings arising from or in connection with this Agreement or the
acts, failures to act, errors or omissions of the ENGINEER, or any of ENGINEER's agent(s)
or subcontractor(s), in performance of this Agreement, except for claims caused by the City's
negligence.
b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the
ENGINEER waives any immunity that may be granted to it under the Washington State
industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification.
ENGINEER's indemnification shall not be limited in any way by any limitation on the amount
of damages, compensation or benefits payable to or by any third party under workers'
compensation acts, disability benefit acts or any other benefits acts or programs. ENGINEER
shall require that its subcontractors, and anyone directly or indirectly employed or hired by
ENGINEER, and anyone for whose acts ENGINEER may be liable in connection with its
performance of this Agreement, comply with the terms of this paragraph, waive any immunity
granted under Title 51 RCW, and assume all potential liability for actions brought by their
respective employees. The Parties acknowledge that they have mutually negotiated this
waiver.
c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the
ENGINEER and the City, the ENGINEER's liability, including the duty and cost to defend,
shall be only to the extent of the ENGINEER's negligence.
d. Nothing contained in this Section or this Agreement shall be construed to create a liability or
a right of indemnification in any third party.
e. The terms of this Section shall survive any expiration or termination of this Agreement.
7.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this Agreement shall not be limited in any way by any limitation
on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER
or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or
other employee benefit acts. The ENGINEER specifically and expressly waives its immunity
under the Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by
the ENGINEER and the CITY.
7.6 It is understood that any resident engineering or inspection provided by ENGINEER is for the
purpose of determining compliance with the technical provisions of PROJECT specifications and
does not constitute any form of guarantee or insurance with respect to the performance of a
contractor. ENGINEER does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for contractors' compliance with laws
and regulations. CITY shall use its best efforts to ensure that the construction contract requires
that the contractor(s) indemnify and name CITY, the CITY's and the ENGINEER's officers,
principals, employees, agents, representatives, and engineers as additional insureds on
contractors insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability.
7.7 ENGINEER shall be solely responsible for and shall pay all taxes, deductions, and assessments,
including but not limited to federal income tax, FICA, social security tax, assessments for
unemployment and industrial injury insurance, and other deductions from income which may be
required by law or assessed against either party as a result of this Agreement. In the event the
City is assessed a tax or assessment as a result of this Agreement, ENGINEER shall pay the
same before it becomes due.
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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,
records, documents, and other evidence for inspection, audit, and copying for a period of three
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years after completion of the PROJECT. The CITY shall also have access to such books,
records, and documents during the performance of the PROJECT WORK, if deemed necessary
by the CITY,to verify the ENGINEER's WORK and invoices.
10.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
10.3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the ENGINEER is afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any supporting documentation
on the pertinent portions of the draft audit report and that the final audit report will include
ENGINEER's written comments, if any.
10.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the Project.
10.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY.
SECTION 11 INSURANCE
11.1 At all times during performance of the WORK or obligations under this Agreement, ENGINEER
shall secure and maintain in effect insurance to protect the CITY and the ENGINEER from and
against all claims, damages, losses, and expenses arising out of or resulting from the
performance of this Agreement. ENGINEER shall provide and maintain in force insurance in
limits no less than those stated below, as applicable. The CITY reserves the right to require
higher limits should it deem it necessary in the best interest of the public. If ENGINEER carries
higher coverage limits than the limits stated below, such higher limits shall be shown on the
Certificate of Insurance and Endorsements and City of Yakima shall be named as an additional
insured for such higher limits.
ENGINEER shall provide a Certificate of Insurance to the City as evidence of coverage for each
of the policies and outlined herein. A copy of the additional insured endorsement attached to the
policy shall be included with the certificate. This Certificate of insurance shall be provided to the
City prior to commencement of work. Failure to provide the City with proof of insurance and/or to
maintain such insurance outlined herein shall be a material breach of this agreement and a basis
for termination.
Failure by the City to demand such verification of coverage with these insurance requirements or
failure of the City to identify a deficiency from the insurance documentation provided shall not be
construed as a waiver of ENGINEER's obligation to maintain such insurance.
ENGINEER's insurance coverage shall be primary insurance with respect to those who are
Additional Insureds under this Agreement, and any insurance, self-insurance or insurance pool
coverage maintained by the City shall be in excess of the ENGINEER's insurance and neither the
City nor its insurance providers shall contribute to any settlements, defense costs, or other
payments made by ENGINEER's insurance. All additional insured endorsements required by this
Section shall include an explicit waiver of subrogation.
11.1.1 Commercial General Liability Insurance. Before this Agreement is fully executed by
the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof
of commercial liability insurance and commercial umbrella liability insurance with a total
liability limit of the limits required in the policy, subject to minimum limits of Two Million
Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property
damage, and Four Million Dollars ($4,000,000.00) general aggregate. The certificate
shall clearly state who the provider is, the coverage amount, the policy number, and
when the policy and provisions provided are in effect. Said policy shall be in effect for
the duration of this Agreement. The policy shall name the CITY, its elected and
appointed officials, officers, agents, employees, and volunteers as additional insureds.
The insured shall not cancel or change the insurance without first giving the CITY thirty
(30) calendar days prior written notice. The insurance shall be with an insurance
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company or companies rated A-VII or higher in Best's Guide and admitted in the State
of Washington.
11.1.2. Commercial Automobile Liability Insurance.
a. If ENGINEER owns any vehicles, before this Agreement is fully executed by the
parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of
commercial automobile liability insurance and commercial umbrella liability insurance
with a total liability limit of the limits required in the policy, subject to minimum limits of
Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury
and property damage. Automobile liability will apply to "Any Auto" and be shown on
the certificate.
b. If ENGINEER does not own any vehicles, only "Non-owned and Hired
Automobile Liability" will be required and may be added to the commercial liability
coverage at the same limits as required in that section of this Agreement, which is
Section 10.1.1 entitled "Commercial General Liability Insurance".
c. Under either situation described above in Section 10.1.2.a. and Section 10.1.2.b.,
the required certificate of insurance shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided are
in effect. Said policy shall be in effect for the duration of this Agreement. The policy
shall name the CITY, its elected and appointed officials, officers, agents, employees,
and volunteers as additional insureds. The insured shall not cancel or change the
insurance without first giving the CITY thirty (30) calendar days prior written notice.
The insurance shall be with an insurance company or companies rated A-VII or higher
in Best's Guide and admitted in the State of Washington.
11.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
11.1.4. Professional Liability Coverage. Before this Contract is fully executed by the parties,
ENGINEER shall provide the City with a certificate of insurance as proof of professional
liability coverage with a total liability limit of the limits required in the policy, subject to
minimum limits of Two Million Dollars ($2,000,000.00) per claim, and Four Million
Dollars ($4,000,000.00) aggregate. The certificate shall clearly state who the provider
is, the coverage amount, the policy number, and when the policy and provisions
provided are in effect. Said policy shall be in effect for the duration of this Contract.
The insured shall not cancel or change the insurance without first giving the CITY thirty
(30) calendar days prior written notice. The insurance shall be with an insurance
company or companies rated A-VII or higher in Best's Guide. If the policy is written on a
claims made basis the coverage will continue in force for an additional two years after
the completion of this contract.
Failure of either or all of the additional insureds to report a claim under such insurance shall not
prejudice the rights of the CITY, its elected and appointed officials, officers, employees, agents,
and representatives there under. The CITY and the CITY's elected and appointed officials,
officers, principals, employees, representatives, and agents shall have no obligation for payment
of premiums because of being named as additional insureds under such insurance. None of the
policies issued pursuant to the requirements contained herein shall be canceled, allowed to
expire, or changed in any manner that affects the rights of the CITY until thirty (30) days after
written notice to the CITY of such intended cancellation, expiration or change.
11.2 If at any time during the life of the Agreement, or any extension, ENGINEER fails to maintain the
required insurance in full force and effect, all work under the Agreement shall be discontinued
immediately. Any failure to maintain the required insurance may be sufficient cause for the City
to terminate the Agreement.
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SECTION 12 SUBCONTRACTS
12.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract
any portion of the WORK to be performed under this Agreement. However, ENGINEER shall be
considered the Prime Contractor hereunder and shall be the sole point of contact with regard to
all contractual matters arising hereunder, including the performance of WORK and payment of
any and all charges resulting from contractual obligations.
12.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any
substitutions thereof, will be subject to prior approval by CITY, which approval shall not be
unreasonably withheld. Each subcontract shall be subject to review by the CITY's
Representative, if requested, prior to the subconsultant or subcontractor proceeding with the
WORK. Such review shall not constitute an approval as to the legal form or content of such
subcontract. The ENGINEER shall be responsible for the architectural and engineering
performance, acts, and omissions of all persons and firms performing subcontract WORK.
12.3 CITY does not anticipate ENGINEER subcontracting with any additional persons or firms for the
purpose of completing this Agreement.
12.4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK
completed by subconsultants and subcontractors during the preceding month and copies of all
invoices thereto.
12.5 If dissatisfied with the background, performance, and/or general methodologies of any
subcontractor, the City may request in writing that the subcontractor be removed. The
ENGINEER shall comply with this request at once and shall not employ the subcontractor for any
further WORK under this Agreement.
SECTION 13 ASSIGNMENT
13.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This
Agreement may not be assigned by CITY or ENGINEER without prior written consent of the
other, which consent will not be unreasonably withheld. The ENGINEER for itself and its heirs,
executors, administrators, successors and assigns, does hereby agree to the full performance of
all of the covenants herein contained upon the part of the ENGINEER. It is expressly intended
and agreed that no third party beneficiaries are created by this Agreement, and that the rights and
remedies provided herein shall inure only to the benefit of the parties to this Agreement.
SECTION 14 INTEGRATION
14.1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with
respect to those matters covered herein. This Agreement may not be modified or altered except
in writing signed by both parties.
SECTION 15 JURISDICTION AND VENUE
15.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of
this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and
void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force
and effect. Venue for all disputes arising under this Agreement shall lie in a court of competent
jurisdiction in Yakima County, Washington.
SECTION 16 EQUAL EMPLOYMENT and NONDISCRIMINATION
16.1 During the performance of this Agreement, ENGINEER and ENGINEER's subconsultants and
subcontractors shall not discriminate in violation of any applicable federal, state and/or local law
or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, gender
identity, political affiliation or belief, or the presence of any sensory, mental or physical handicap,
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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 Agreement may 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 (a) in
response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or(c) consistent with the
contractor's legal duty to furnish information.
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 (90) days, the terms of this Agreement are subject to
renegotiation, and both parties are granted the option to terminate WORK on the suspended
portion of Project in accordance with SECTION 18.
SECTION 18 TERMINATION OF WORK
18.1 Either party may terminate this Agreement, in whole or in part, if the other party materially
breaches its obligations under this Agreement and is in default through no fault of the terminating
party. However, no such termination may be effected unless the other party is given: (1) not less
than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested,
of intent to terminate; and (2) an opportunity for consultation with the terminating party and for
cure within the 15-day notice period before termination. Notice shall be considered issued within
seventy-two (72) hours of mailing by certified mail to the place of business of either party as set
forth in this Agreement.
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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
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.
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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: Walter Hansen
ENGINEER: RH2 Engineering, Inc.
300 Simon Street SE,
East Wenatchee, WA 98802
Attn: Eric Smith, PE
SECTION 21 INSPECTION AND PRODUCTION OF RECORDS
21.1 The records relating to the WORK shall, at all times, during the term of this Agreement and for the
minimum period of time required pursuant to the Washington Secretary of State's records
retention schedule, 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
electronic copies of the requested documents to the City. Hard copies of requested documents
will be provided at cost 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 converting
any paper records to electronic format and/or destroying any records, ENGINEER shall contact
CITY's Records Administrator (509-575-6037) to discuss retention. In no event shall any record
relating to the WORK be destroyed without CITY consultation.
21.3 All records relating to ENGINEER's services under this Agreement must be made available to the
City, and the records relating to the WORK are City of Yakima records. They must be produced
to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56
RCW, or by law. All records relating to ENGINEER's services under this Agreement must be
retained by ENGINEER for the minimum period of time required pursuant to the Washington
Secretary of State's records retention schedule.
21.4 The terms of this section shall survive any expiration or termination of this Agreement.
SECTION 22 COMPLIANCE WITH THE LAW
22.1 ENGINEER agrees to perform all WORK under and pursuant to this Agreement in full compliance
with any and all applicable laws, rules, and regulations adopted or promulgated by any
governmental agency or regulatory body, whether federal, state, local, or otherwise, including
policies adopted by the City, as those laws, ordinances, rules, regulations, and policies now exist
or may hereafter be amended or enacted. ENGINEER shall procure and have all applicable and
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necessary permits, licenses and approvals of any federal, state, and local government or
governmental authority or this project, pay all charges and fees, and give all notices necessary
and incidental to the due and lawful execution of the work.
22.2 ENGINEER shall procure and have all applicable and necessary permits, licenses and approvals
of any federal, state, and local government or governmental authority or this project, pay all
charges and fees, and give all notices necessary and incidental to the due and lawful execution of
its work.
a. Procurement of a City Business License. ENGINEER must procure a City of Yakima
Business License and pay all charges, fees, and taxes associated with said license.
b. ENGINEER must provide proof of a valid Washington department of Revenue state excise
tax registration number, as required in Title 85 RCW.
c. ENGINEER must provide proof of a valid Washington Unified Business Identification (UBI)
number. ENGINEER must have a current UBI number and not be disqualified from bidding
on any public works contract under RCW 39.06.101 or 36.12.065(3).
d. ENGINEER must provide proof of a valid Washington Employment Security Department
number as required by Title 50 RCW.
e. Foreign (Non-Washington) Corporations: Although the City does not require foreign
corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is
specifically understood and agreed that any such corporation will promptly take all necessary
measures to become authorized to conduct business in the City of Yakima, at their own
expense, without regard to whether such corporation is actually awarded the contract, and in
the event that the award is made, prior to conducting any business in the City.
SECTION 23 MISCELLANEOUS PROVISIONS
23.1 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 Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby
incorporated by reference into this Agreement.
23.3 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.
23.4 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.
Release of broadcast emails pertaining to this procurement shall not be made without prior
written authorization of the City.
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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.
CITY OF YAKIMA RH2 Engineering, Inc.
Victoria Baker Signature
Printed Name: Printed Name: Dan Mahlum
Title: City Manager Title: Director
Date: Date:
Attest
City Clerk
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List of Exhibits attached to this contract
Exhibit A—Scope of Work
Exhibit B— Fee Estimate
Exhibit C—Schedule of Rates and Charges
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA )
I certify that I know or have satisfactory evidence that Victoria Baker is the person who appeared before
me, and said person acknowledged that she signed this instrument, on oath stated that she was
authorized to execute the instrument, and acknowledged it as the CITY MANAGER of the CITY OF
YAKIMA, to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
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44
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA )
I certify that I know or have satisfactory evidence that 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
of to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
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EXHIBIT A
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EXHIBIT A
Scope of Work
City of Yakima
Thickener System Repairs and Improvement
June 2026
Background
RH2 Engineering, Inc., (RH2) has been selected to design and administer bidding for a project to
improve the waste activated sludge (WAS) thickening system located in the Solids Handling Building
of the City of Yakima's (City) Wastewater Treatment Plant (WWTP). RH2 prepared the 2022 WWTP
Facility Master Plan (Plan), which recommended improvements to the WAS thickening system. The
Plan recommended refurbishing the existing dissolved air floatation thickening (DAFT) system to
improve its reliability as identified in project SH03 in the Plan.The Plan also recommended replacing
the centrifuge in the Solids Handling Building with a dedicated mechanical thickener in project SH04.
The centrifuge was primarily intended for dewatering, although it has been infrequently used for
thickening as a backup to the DAFT system. A new mechanical thickener would provide purposeful
redundancy to the DAFT system for thickening WAS at the WWTP.Alternative approaches to increase
the reliability and redundancy of the WAS thickening system will be analyzed as discussed in Task 3
of this Scope of Work. As part of this work, ancillary equipment such as the polymer system, pumps,
and electrical and control equipment will be evaluated for replacement. The items in project SH05,
which recommended replacement of the secondary scum and thickened WAS pumps, are also
assumed to be included in this project.
The Plan also recommended improvements to the yard pump station (YPS) in project AS01. The YPS
is near the Solids Handling Building and new pumps at the YPS may be most efficiently served by
electrical and control from new equipment installed as part of the thickener improvements to the
Solids Handling Building.
General Assumptions
The following assumptions were made when preparing this Scope of Work:
• RH2 will rely upon the accuracy and completeness of information, data, and materials
generated or produced by the City or others in relation to this Scope of Work. Information is
assumed to be provided by or with written authorization from the owner of the information.
• Deliverables will be submitted in electronic format(PDF) unless otherwise noted.
• The services described herein will be performed to the level of effort identified in the attached
Fee Estimate. If additional effort is needed, that extra work will be mutually determined by
the City and RH2.
• This Scope of Work will be supported by RH2's subsidiary, Control Systems NW LLC (CSNW),
via subconsultant services agreement.
1
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City of Yakima Exhibit A
Thickener System Repairs and Improvement Scope of Work
• Agency acceptance of reports, permit applications, and construction documents is beyond the
control of RH2 and the City, and no date is warranted or implied for Agency response or
approval.
Task 1 — Project Management
Objective: Manage project work elements, maintain City communications via phone calls and emails,
and provide periodic budget and schedule updates to the City.
Approach:
1,1 Coordinate with the RH2 project team. Organize, manage, and coordinate engineering
disciplines and subconsultants. Administer health and safety requirements for the project.
1,2 Prepare and provide monthly invoices, budget status summaries, and updated progress
reports to the City. Provide progress and schedule updates to the City.
Assumptions:
• Project records will be maintained and filed electronically only.
RH2 Deliverables:
• Monthly invoices documenting progress of work completed and earned value compared to
contract value.
• Anticipated project schedule and updates.
• Coordination of the project team.
Task 2— Meetings and Site Visits
Objective: Attend and coordinate site visits and periodic meetings or workshops with the City.
Approach:
2.1 Prepare for and attend one(1)site visit to evaluate the internal condition of the DAFT tankage
and mechanism via a visual assessment. The site visit is assumed to be four(4) hours with up
to four (4) RH2 staff members attending. The City will be responsible for removing the DAFT
covers as necessary to provide access to the tankage. RH2 personnel will provide personal
harnesses, hard hats, and safety glasses. Other equipment necessary to meet requirements
for entry into a confined space, such as retrieval and ventilation equipment, will be the
responsibility of the City.
2.2 Prepare for and attend up to four (4) in-person meetings or workshops with City staff at the
WWTP, as needed to complete the analyses and preliminary design. These visits will also
provide the opportunity to gather additional information from the site as needed. Meetings
are assumed to be two (2) hours each with up to four(4) RH2 staff members attending.
2.3 Prepare for and attend up to four (4)virtual meetings or workshops with City staff as needed
to complete the design. Meetings are assumed to be one(1)hour each with up to four(4)RH2
staff members attending.
2
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City of Yakima Exhibit A
Thickener System Repairs and Improvement Scope of Work
2.4 Attend one (1) site visit to a facility in the region utilizing equipment that is intended for
selection by the City. It is assumed that the visit will be to Snoqualmie, Washington, as this
facility utilizes a rotary drum thickener for WAS thickening; however, other facilities in the
region may be applicable to visit. RH2 will coordinate this visit.
Assumptions:
• In addition to the meetings outlined in Task 2, informal conference calls and virtual meetings
with the City are anticipated and encouraged throughout the project and the hours in
subsequent tasks allow for such items.
• Specific design review meetings are included in the respective design tasks that follow.
Provided by City:
• Drainage of the DAFT tankage prior to RH2's site visit.
• Attendance at in-person and virtual meetings.
• Attendance at site visit to off-site facility.
RH2 Deliverables:
• Attendance at site visits and meetings.
• Attendance at site visit to off-site facility.
Task 3 — Establish Scope of Improvements and Major Design Criteria
Objective: Review applicable information, meet with City staff, and engage manufacturers to
establish the principal design criteria for the project.
Approach:
3.1 Review background information.
a) Review construction record drawings, manufacturer drawings, and other technical data
to determine other information needed for the project.
b) Review the existing facility operations and maintenance (O&M) manuals.
3.2 Review applicable codes and design guidance.
a) Review Water Environment Federation (WEF) manuals of practice, Wastewater
Engineering: Treatment and Resource Recovery (Metcalf & Eddy), and other
industry-standard design guidance to confirm pertinent design criteria are established
and followed for the project.
b) Review the Washington State Department of Ecology's (Ecology) Criteria for Sewage
Works Design (Orange Book) for any specific design guidance or requirements for
incorporation into the project.
3.3 Solicit proposals from manufacturers of applicable WAS thickening equipment to determine
current pricing and design, construction, and O&M considerations.
3
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City of Yakima Exhibit A
Thickener System Repairs and Improvement Scope of Work
3.4 Analyze other condition-based repairs for inclusion in the project, such as remedies for
concrete degradation and corrosion that may be encountered once the DAFT tankage is
drained and visually assessed in Task 2.
3.5 Develop potential strategies to implement mechanical thickening in the Solids Handling
Building and to refurbish the DAFT system. Evaluate various thickening equipment options
and configurations.
3.6 Evaluate potential approaches to improving the existing electrical and control equipment in
the Solids Handling Building to replace the aging equipment and allow for new equipment.
This subtask is supported by CSNW.
3.7 Prepare preliminary 3D CAD models and figures to demonstrate potential equipment layout
and Solids Handling Building reconfiguration options. Recommend an overall strategy based
on input from City staff in meetings and workshops in Task 2.
3.8 Establish the principal design criteria for the selected design strategy for use in guiding the
preliminary and bid-ready design.
Assumptions:
• No major changes to piping outside of the Solids Handling Building or aeration basin pipe
gallery will be necessary as part of this project.
• The major structural and architectural elements of the Solids Handling Building will be
changed by the project. New thickening and other equipment will be installed within the Solids
Handling Building by reconfiguring the internal layout of the building and/or with modest
exterior modifications as needed.
Provided by City:
• Background information, including record drawings, manufacturer drawings, and data.
• Input on major O&M considerations, equipment strategies, and design criteria.
RH2 Deliverables:
• Preliminary oblique exhibits of 3D CAD models.
• List of principal design criteria for the project.
Task 4— Preliminary Design
Objective: Prepare preliminary design plans for the proposed improvements. Control system design
is supported by CSNW.
Approach:
4,1 Develop 3D models of major structural and mechanical components such that City staff can
visualize the configuration of the improvements.
4,2 Prepare basic plan and oblique views to accompany the 3D models for City review.
4
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City of Yakima Exhibit A
Thickener System Repairs and Improvement Scope of Work
4,3 Prepare preliminary process and instrumentation diagrams (P&ID).
4.4 Prepare preliminary electrical one-line diagram and control system network diagram.
4.5 Prepare a list of basic construction phasing and interim operation considerations.
4.6 Prepare preliminary technical specifications for major equipment in RH2's technical
specification format.
4,7 Develop project schedule based on equipment lead times, construction phasing requirements,
and other parameters. Review and refine the schedule with the City.
4,8 Prepare a preliminary Engineer's opinion of probable construction cost (OPCC).
4.9 Provide internal quality assurance and quality control (QA/QC) review of the preliminary design
documents. Update the documents based on internal review comments.
4.10 Provide preliminary design documents to the City for review. Attend one (1) in-person meeting
with the City to discuss review comments. Prepare meeting agenda and minutes. Incorporate
comments into the documents.
Assumptions:
• The deliverables from this Task will equate to 60-percent design.
• A site survey and geotechnical investigation will not be necessary for this work as the
improvements will be completed within existing buildings and structures. RH2 will rely on the
original contract drawings for the facility to establish existing basemaps and floor plans.
• Projected sludge flow and loading data identified in the Plan will be utilized for equipment
sizing without significant alteration or further analysis of this data.
• This Scope of Work assumes a conventional design-bid-build approach to the work.
Pre-selection or pre-purchase of major equipment is not anticipated for this project.
Provided by City:
• Attendance at design review meeting and comments on preliminary design documents.
RH2 Deliverables:
• Project schedule.
• Preliminary design plans, technical specifications, and OPCC.
• Attendance at design review meeting and meeting agenda and minutes.
5
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City of Yakima Exhibit A
Thickener System Repairs and Improvement Scope of Work
Task 5 — Design Report
Objective: Summarize the preliminary design in a project design report. If required by Ecology, this
report will meet Washington Administrative Code (WAC) 173-240-060 requirements for a
project-specific Engineering Report and will be submitted to Ecology.
Approach:
5.1 Summarize major alternatives that were analyzed, the recommended scope of the
improvements, and preliminary design criteria in a project design report.
5.2 Provide internal QA/QC review of the preliminary project design report. Update the report
based on internal review comments. Provide report to the City for review and update the
report with applicable review comments.
5.3 Submit report to Ecology if requested.
Provided by City:
• Review comments on the project design report.
RH2 Deliverables:
• Preliminary project design report for review.
• Final project design report for submittal to Ecology.
Task 6— Bid-Ready Design
Objective: Prepare bid-ready construction plans, specifications, and OPCC for review by the City.
Drawings associated with this Task will include plan views, sections, details, notes, and schedules.
Control system design is supported by CSNW.
Approach:
6.1 Prepare bid-ready general plan sheets, notes, and detail sheets.
6.2 Prepare bid-ready P&IDs.
6.3 Prepare bid-ready plans for demolition, phasing, and temporary systems.
6.4 Prepare bid-ready mechanical design.
6.5 Prepare bid-ready structural design.
6.6 Prepare bid-ready heating,ventilation, and air conditioning (HVAC) design.
6.7 Prepare bid-ready electrical system design.
6.8 Prepare bid-ready control system design.
6.9 Prepare bid-ready project technical specifications. Specification requirements will be based on
design criteria, current building codes, manufacturer information, and input from the City.
6.10 Prepare City standard front-end construction contract documents for this project.
6
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City of Yakima Exhibit A
Thickener System Repairs and Improvement Scope of Work
6.11 Prepare bid-ready OPCC.
6.12 Provide internal QA/QC review of the bid-ready documents and update the documents based
on internal review comments.
6.13 Provide bid-ready documents to the City for review. Attend one (1) meeting with the City to
discuss review comments. Prepare meeting agenda and minutes. Incorporate comments into
the bid-ready documents.
Provided by City:
• Review comments on bid-ready documents.
• Attendance at one (1) review meeting.
RH2 Deliverables:
• Bid-ready design plans, specifications, and OPCC for review.
• Attendance at one (1) review meeting and meeting agenda and minutes.
Task 7 — Agency Coordination
Objective: Coordinate with applicable regulatory agencies to obtain necessary approvals for the
project.
Approach:
7,1 Coordinate with the City's Building Department on Building, Mechanical, or other permitting
requirements to determine their applicability and scope for this project. Prepare and submit
permit applications as requested by the City. This subtask assumes ten (10) staff hours to
complete this work.
7.2 Attend one (1) meeting via Microsoft Teams with the facility and permit managers from
Ecology early in the design phase to discuss the scope of the project and determine any
necessary permitting requirements. If Engineering Report review is required, the report will
be completed and submitted to Ecology as discussed in Task 5. This subtask assumes five (5)
staff hours to complete this work.
Assumptions:
• The City will pay permit and public notice fees and costs directly.
• No permitting through the Yakima Regional Clean Air Agency is expected for the project.
Provided by City:
• Meeting attendance.
• Payment of permit and public notice fees and costs.
RH2 Deliverables:
• Meeting attendance.
7
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City of Yakima Exhibit A
Thickener System Repairs and Improvement Scope of Work
• Permit applications and submittals as requested.
Task 8— Services During Bidding
Objective: Advertise the project for public bidding and assist the City with the bidding process.
Approach:
8.1 Prepare the advertisement for submittal to newspapers. Post bid documents online with
QuestCDN and manage during bidding.
8.2 Respond to questions during bidding and prepare up to three (3) bid addenda.
8.3 Prepare for and attend one (1) pre-bid walkthrough at the WWTP.
8.4 Prepare for and attend the bid opening. Prepare bid tabulation.
8.5 Review low bids and prepare recommendation of award and notice of award letters for City
use.
8.6 Revise plans, specifications, and contract documents per any changes via addenda during
bidding to produce a comprehensive set of Conformed for Construction Documents.
Assumptions:
• Bid documents will be distributed electronically and not mass produced in hard copy.
Additional plan sets or copies of bid documents may be requested at cost plus materials.
• The City will administer the public bid opening.
• The City will be responsible for construction contract execution.
Provided by City:
• Pay for and submit newspaper advertisements.
• Host pre-bid walkthrough and bid opening.
• Construction contract execution.
RH2 Deliverables:
• Bid advertisement.
• Bid documents posted with QuestCDN.
• Information necessary for up to three (3) addenda, prepared and distributed by the City.
• Attendance at pre-bid walkthrough and bid opening.
• Bid tabulation, recommendation of award letter, and notice of award letter.
• Conformed for Construction Documents.
8
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City of Yakima Exhibit A
Thickener System Repairs and Improvement Scope of Work
Task 9— Survey (YPS Improvements)
Objective: Obtain survey data of the existing conditions at the project site for design of the YPS
improvements.
Approach:
9.1 Coordinate with a surveyor as a subconsultant to RH2 to perform a site survey of the specific
area identified for improvements.
9.2 Prepare an existing site plan in AutoCAD based on the survey and create a base map.
Assumptions:
• The City will be responsible for marking major below-grade infrastructure with paint prior to
surveying.
Provided by City:
• Marking of below-grade utilities.
RH2 Deliverables:
• Base map.
Task 10— Review Existing Conditions and Recommend Improvements (YPS
Improvements)
Objective: Review existing conditions and recommend an approach to potential YPS improvements.
Approach:
10.1 Analyze and recommend an approach to rehabilitating the YPS. During scoping, the concrete
wet well was assessed and determined to be satisfactory for rehabilitation and continued use.
10.2 Analyze data collected and recommend an approach to electrical and control system
improvements for the YPS. Provide an email summary of the analysis and recommendations
to the City. The summary will include a determination of which electrical room should feed
the YPS and a type and configuration for the local control panel for the YPS.
Provided by City:
• Input on major analyses and recommendations for YPS improvements.
RH2 Deliverables:
• Email summary of recommendations for YPS improvements.
9
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City of Yakima Exhibit A
Thickener System Repairs and Improvement Scope of Work
Task 11 — Design (YPS Improvements)
Objective: Prepare the design for improvements to the YPS based on the recommendations of
Task 10. Include pipe lining to rehabilitate the YPS forcemain between the YPS and the headworks as
well as a permanent hoist or gantry crane for YPS pump removal.
Approach:
11,1 Develop bid-ready design of lift station civil, structural, mechanical, electrical, and control
system improvements. Prepare bid-ready plans, City non-technical and RH2 technical
specifications, and OPCC for the proposed improvements.
11,2 Prepare for and attend one (1) meeting with City staff to review the bid-ready design.
11.3 Incorporate City comments and perform final QA/QC review. Prepare documents for public
bidding.
Assumptions:
• No agency review or permitting will be required for the YPS improvements.
• The interior of the concrete structure will be rehabilitated as needed and all pipe and
equipment within the wet well will be replaced.
• Bypass pumping will be used to allow work in the wet well to be completed during
construction.
• Control system design will be supported by CSNW.
Provided by City:
• Attendance at one (1) design review meeting.
RH2 Deliverables:
• Bid-ready design plans, specifications, and OPCC for review.
• Attendance at one (1) design review meeting.
Task 12 — Services During Bidding (YPS Improvements)
Objective:Advertise the project for public bidding and assist the City with the bidding process.During
design, the City will determine if the YPS improvements should be incorporated into the Thickener
Project bid package or if a separate bid should be completed to prioritize the YPS improvements. This
task is provided should a separate bid for the YPS be desired.
Approach:
12,1 Prepare the advertisement for submittal to newspapers. Post bid documents online with
QuestCDN and manage during bidding.
12,2 Respond to questions during bidding and prepare up to one (1) bid addenda.
12.3 Prepare for and attend one (1) pre-bid walkthrough at the WWTP.
10
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City of Yakima Exhibit A
Thickener System Repairs and Improvement Scope of Work
12.4 Prepare for and attend the bid opening. Prepare bid tabulation.
12.5 Review low bids and prepare recommendation of award and notice of award letters for City
use.
12.6 Revise plans, specifications, and contract documents per any changes via addenda during
bidding to produce a comprehensive set of Conformed for Construction Documents.
Assumptions:
• Bid documents will be distributed electronically and not mass produced in hard copy.
Additional plan sets or copies of bid documents may be requested at cost plus materials.
• The City will administer the public bid opening.
• The City will be responsible for construction contract execution.
Provided by City:
• Pay for and submit newspaper advertisements.
• Host pre-bid walkthrough and bid opening.
• Construction contract execution.
RH2 Deliverables:
• Bid advertisement.
• Bid documents posted with QuestCDN.
• Information necessary for up to one (1) addenda, prepared and distributed by the City.
• Attendance at pre-bid walkthrough and bid opening.
• Bid tabulation, recommendation of award letter, and notice of award letter.
• Conformed for Construction Documents.
Project Schedule
RH2 is prepared to commence with the work outlined herein upon written authorization to proceed
from the City. It is anticipated that bid-ready documents will be completed within twelve(12) months
of the notice to proceed, with bidding immediately following.
11
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EXHIBIT B
Page 18
58
EXHIBIT B
Fee Estimate 666,785.00
City of Yakima
Thickener System Repairs and Improvements
Jun-26
Total RH2 Total RH2 Total Total CSNW Total ALL Total ALL Total Total RH2 Total CSNW Total Expense Total Cost
Description Hours Labor CSNW Labor Hours Labor Subconsultant Expense Expense
Hours
ITask 1 Project Management I 30 $ 6,492 5 $ 1,400 35 $ 7,892 $ - $ 252 $ 35 $ 287 $ 8,179
ITask 2 Meetings and Site Visits I 136 $ 35,076 - $ - 136 $ 35,076 $ - $ 2,897 $ 1,115 $ 4,012 $ 39,088
ITask 3 Establish Scope of Improvements and Major Design Criteria I 250 $ 55,006 18 $ 4,160 268 $ 59,166 $ - $ 4,659 $ 414 $ 5,073 $ 64,239
ITask 4 Preliminary Design I 514 $ 105,701 17 $ 3,930 531 $ 109,631 $ - $ 10,848 $ 547 $ 11,396 $ 121,027
ITask 5 Design Report I 112 $ 22,800 - $ - 112 $ 22,800 $ - $ 2,107 $ - $ 2,107 $ 24,907
ITask 6 Bid-Ready Design I 1064 $ 224,973 132 $ 30,320 1196 $ 255,293 $ - $ 21,856 $ 2,947 $ 24,802 $ 280,095
ITask 7 Agency Coordination I 15 $ 3,575 - $ - 15 $ 3,575 $ - $ 289 $ - $ 289 $ 3,864
ITask 8 Services During Bidding I 89 $ 19,366 - $ - 89 $ 19,366 $ - $ 2,050 $ - $ 2,050 $ 21,416
ITask 9 Survey(YPS Improvements) I 23 $ 4,800 - $ - 23 $ 4,800 $ 8,625 $ 512 $ - $ 512 $ 13,937
ITask 10 Review Existing Conditions and Recommend Improvements(YPS Improvements) I 26 $ 6,388 - $ - 26 $ 6,388 $ - $ 387 $ - $ 387 $ 6,775
ITask 11 Design(YPS Improvements) I 368 $ 79,018 54 $ 12,380 422 $ 91,398 $ - $ 7,309 $ 1,252 $ 8,561 $ 99,959
ITask 12 Services During Bidding(YPS Improvements) I 36 $ 8,106 - $ - 36 $ 8,106 $ - $ 998 $ - $ 998 $ 9,104
I PROJECT TOTAL 2663 $ 571,301 226 $ 52,190 2,889 $ 623,491 $ 8,625 $ 54,165 $ 6,310 $ 60,474 $ 692,590
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EXHIBIT"C"
Page 19
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EXHIBIT C
RH2 ENGINEERING, INC.
2026 SCHEDULE OF RATES AND CHARGES
RATE LIST RATE UNIT
Professional I $182 $/hr
Professional II $199 $/hr
Professional III $222 $/hr
Professional IV $243 $/hr
Professional V $259 $/hr
Professional VI $280 $/hr
Professional VII $306 $/hr
Professional VIII $333 $/hr
Professional IX $336 $/hr
Technician I $139 $/hr
Technician II $154 $/hr
Technician III $178 $/hr
Technician IV $189 $/hr
Technician V $206 $/hr
Technician VI $226 $/hr
Technician VII $245 $/hr
Technician VIII $257 $/hr
Control Specialist I $182 $/hr
Control Specialist II $199 $/hr
Control Specialist III $222 $/hr
Control Specialist IV $243 $/hr
Control Specialist V $259 $/hr
Control Specialist VI $280 $/hr
Control Specialist VII $306 $/hr
Control Specialist VIII $333 $/hr
Control Specialist IX $336 $/hr
Control Technician I $139 $/hr
Control Technician II $154 $/hr
Control Technician III $178 $/hr
Control Technician IV $189 $/hr
Control Technician V $206 $/hr
Control Technician VI $226 $/hr
Control Technician VII $245 $/hr
Control Technician VIII $257 $/hr
Administrative I $94 $/hr
Administrative II $109 $/hr
Administrative III $129 $/hr
Administrative IV $154 $/hr
Administrative V $180 $/hr
CAD/GIS System $27.50 $/hr
CAD Plots-Half Size $2.50 price per plot
CAD Plots-Full Size $10.00 price per plot
CAD Plots-Large $25.00 price per plot
Copies(bw)8.5"X 11" $0.09 price per copy
Copies(bw)8.5"X 14" $0.14 price per copy
Copies(bw) 11"X 17" $0.20 price per copy
Copies(color)8.5"X 11" $0.90 price per copy
Copies(color)8.5"X 14" $1.20 price per copy
Copies(color) 11"X 17" $2.00 price per copy
Technology Charge 2.50% %of Direct Labor
Night Work 10.00% %of Direct Labor
price per mile
Mileage $0.7250 (or Current IRS Rate)
Subconsultants 15% Cost+
Outside Services at cost
Rates listed are adjusted annually. 61