HomeMy WebLinkAboutR-2024-077 Resolution authorizing a professional services agreement with RH2 Engineering for professional engineering services of the 1-82 Sewer Main Extension Project 2760 RESOLUTION NO. R-2024-077
A RESOLUTION authorizing a Professional Services Agreement with RH2 Engineering
(RH2) to prepare civil engineering plans and specifications for the 1-82
Sewer Main Extension Project 2760.
WHEREAS, the City of Yakima Engineering Division requires professional civil
engineering services for the 1-82 Sewer Main Extension Project 2760; and
WHEREAS, the project will include environmental, design, permitting, and may include
construction administration services for a new gravity sanitary sewer mainline in the Boise
Cascade Mill Site, and the abandonment of the Tamarack Lift Station that will provide for the
future development of the site; and
WHEREAS, the first stage of the project is to perform Preliminary Design to define the
project needs, location, and requirements; and
WHEREAS, the project may be supplemented to provide final design (stage 2) and/or
construction management; and
WHEREAS, the project is funded with Department of Ecology (state), American Rescue
Plan Act (ARPA), and City Sewer funds; and
WHEREAS, the City of Yakima Engineering Division has complied with the provisions of
RCW 39.80 and has followed the City's "Policy and Procedure for Contracting for Architects and
Engineers" manual for consultant selection; and
WHEREAS, the City of Yakima Engineering Division has selected RH2 as a qualified
Engineering firm to perform the required work; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of
the City and its residents to enter into the contract to provide professional services and civil
engineering services; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the attached contract with RH2 and
incorporated herein by this reference not to exceed One Hundred Fifty Thousand Dollars
($150,000.00) to provide the Professional Services as described in the tasks of the Agreement.
ADOPTED BY THE CITY COUNCIL this the 7th day of May, 2024.
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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 ?S day of , 2024, by and
between the City of Yakima, Washington, a municipal corporation with its principal off ce 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 under this Agreement
for 1-82 Sewer Main Extension on behalf of the City of Yakima, Project No. 2760, 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,
Rick Ballard, PE 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
"Scope of Work" (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 the 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 One Hundred Fifty Thousand Dollars ($150,000). 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
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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 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
contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability.
7.7 ENGINEER shall be solely responsible for and shall pay all taxes, deductions, and assessments,
including but not limited to federal income tax, 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 ENGINEER 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 Two Million Dollars ($2,000,000.00) general aggregate. The certificate
shall clearly state who the provider is, the coverage amount, the policy number, and
when the policy and provisions provided are in effect. Said policy shall be in effect for
the duration of this Agreement. The policy shall name the CITY, its elected and
appointed officials, officers, agents, employees, and volunteers as additional insureds.
The insured shall not cancel or change the insurance without first giving the CITY thirty
(30) calendar days prior written notice. The insurance shall be with an insurance
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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 Two Million
Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the provider
is, the coverage amount, the policy number, and when the policy and provisions
provided are in effect. Said policy shall be in effect for the duration of this 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 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.
12.4 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, and any
other classification protected under federal, state, or local law. This provision shall include but
not be limited to the following: employment, upgrading, demotion, transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation, selection for
Page 9
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.
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.
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.
Page 10
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 14. 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
ENGINEER: RH2 Engineering, Inc.
22722 29th Drive SE, Suite 210
Bothell, WA 98021
Attn: Ryan Feskens, 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 copies of the requested documents to
the City. Hard copies of requested documents will be provided at cost to the City in the event ENGINEER
retains the requested documents solely in electronic or digital format. Otherwise, hard copies of
requested documents will be provided at no cost to the City.
Page 11
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. 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
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 Nondiscrimination. During the performance of this Agreement, the ENGINEER agrees as follows:
The ENGINEER shall not discriminate against any person on the grounds of race, creed, color,
religion, national origin, sex, age, marital status, sexual orientation, gender identity, pregnancy,
veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical
Page 12
handicap in violation of 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 WORK under this Agreement. In the event of the ENGINEER's noncompliance with
the non-discrimination clause of this contract 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.
23.2 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.
23.3 Severability. If any term or condition of this Agreement or the application thereof to any person(s)
or circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To this
end, the terms and conditions of this Agreement are declared severable.
23.4 Agreement documents. This Agreement, the Request for Qualifications & Proposals No.
, titled 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.
23.5 Notice of change in financial condition. If, during this Agreement, the ENGINEER experiences a
change in its financial condition that may affect its ability to perform under the Agreement, or
experiences a change of ownership or control, the ENGINEER shall immediately notify the City in
writing. Failure to notify the City of such a change in financial condition or change of ownership
or control shall be sufficient grounds for termination.
23.6 No conflicts of interest. ENGINEER represents that it or its employees do not have any interest
and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner
or degree with the performance of this Agreement. ENGINEER further covenants that it will not
hire anyone or any entity having such a conflict of interest during the performance of this
Agreement.
23.7 Promotional advertising prohibited. Reference to or use of the City, any of its departments,
agencies or other subunits, or any official or employee for commercial promotion is prohibited.
News releases pertaining to this procurement shall not be made without prior approval of the City.
Release of broadcast emails pertaining to this procurement shall not be made without prior
written authorization of the City.
23.8 Time is of the essence. Timely provision of the WORK required under this Agreement shall be of
the essence of the Agreement, including the provision of the WORK within the time agreed or on
a date specified herein.
23.9 Waiver of breach. A waiver by either party hereto of a breach of the other party hereto of any
covenant or condition of this Agreement shall not impair the right of the party not in default to
avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist
upon strict performance of any agreement, covenant or condition of this Agreement, or to
exercise any right herein given in any one or more instances, shall not be construed as a waiver
or relinquishment of any such agreement, covenant, condition or right.
Page 13
23.10 Force Majeure. ENGINEER will not be responsible for delays in delivery due to acts of God, fire,
strikes, riots, delay in transportation, or those effects of epidemics or pandemics that could not
have been reasonably anticipated or mitigated through acts of the ENGINEER; provided
ENGINEER notifies the City immediately in writing of such pending or actual delay. Normally in
the event of such delays, the date of delivery of WORK will be extended for a period of time equal
to the time lost due to the reason for delay.
23.11 Authority. The person executing this Agreement on behalf of ENGINEER represents and
warrants that they have been fully authorized by ENGINEER to execute this Agreement on its
behalf and to legally bind ENGINEER to all terms, performances, and provisions of this
Agreement.
23.12 Survival. The foregoing sections of this Agreement, inclusive, shall survive the expiration or
termination of this Agreement, in accordance with their terms.
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
Dave Zabell /4?4-el' .41,7Z --. 4-.' 7(3e.t);--e---,
Signature
Printed Name:. 1Jct,Ue- b-i'i Printed Name: Richard L. Ballard .
Title: Interim City Manager Title: Director
Date: m.- -a--` Date: � 2--) 7 .1:(
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Attest k A 4 e h A 36_, . - - Ali
Ci y Clerk i* : SEAL
CITY CONTRACT NO: 202 1 II, ,, "'..Q• =
RESOLUTION NO: _�� O ��
List of Exhibits attached to this contract
Exhibit A-Scope of Work
Exhibit B- Professional Fee
Exhibit C-Schedule of Rates
Page 14
STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that Dave Zabell is the person who appeared before
me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized
to execute the instrument, and acknowledged it as the 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.
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Dated: in461,11b
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Page 15
STATE OF WASHINGTON )
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COUNTY OF YAKIMA 30ohomi sh )
I certify that I know or have satisfactory evidence that Ni '(�1( Pi i I 1 t 4v'%\,is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated
that he/she was author ed to execute the instrument, and acknowledged it as the
I�1(r.17�( of KNz , VK4I I116' to be the free and voluntary act of such party
for the uses and purposes mentioned in'the instrum t.
Dated: ``! I hli
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Page 16
EXHIBIT A
Scope of Work
City of Yakima
1-82 Sewer Main Extension
April 2024
Background
The City of Yakima (City) has retained RH2 Engineering, Inc., (RH2) to provide design, permitting, ,
and construction contract administration services for a new gravity sewer mainline that traverses
the former sites of the Boise Cascade Mill and the Yakima City Landfill to provide the required sewer
services for the future development of the sites. The City has planned these improvements in two
stages. Stage 1 of the improvements includes constructing approximately 2,000 linear feet (If) of 12-
inch sewer mainline extending from the existing gravity collection system near the northeast corner
of the Ledgestone Hotel to the northern limits of the Burlington Northern Railroad (BNRR) tracks
along the western boundary of the Washington State Department of Transportation's (WSDOT)
Interstate 82 (1-82) right-of-way (ROW). Stage 2 includes preliminary design for gravity sewer main
that traverses the Mill site from the north end of the Stage 1 gravity sewer to the existing Tamarack
Lift Station, which will be abandoned following the construction completion of Stage 2.
The alignment route for Stage 1 requires consideration of existing soil, groundwater, and waste
conditions at the two sites, the future conveyance requirements for the sewered area, the proposed
development plans for the sites, and coordination with the objectives of the City, Yakima County
(County), Washington State Department of Ecology(Ecology),WSDOT, and BNRR.Therefore,the first
tasks of the Stage 1 effort will include an alternatives analysis for the entire alignment of Stages 1
and 2 before proceeding to the design and construction of Stage 1.
This Scope of Work includes the tasks necessary to complete the alternatives analysis for the Stage
1 and Stage 2 portions of the sewer main extension, including limited topographic surveying and a
permitting assessment to support the selection of an overall alignment. Once the preferred
alternative alignment is approved by the City, RH2 will prepare a predesign technical memorandum
for the project and 30-percent design plans. Services for final design, permitting, bidding, and
construction contract administration are mentioned in this Scope of Work; however, these services
will be further defined and executed as a separate authorization upon completion of the alternatives
analysis.
Task 1 — Project Management
Objective: Provide coordination of the RH2 project team, including communication with City staff,
progress reporting, monthly invoices, and updates to the scope of work, schedule, and budget.
Approach:
1.1 Perform Project Management — Monitor RH2's scope of work, budget, and schedule. Provide
updates and monthly invoices to the City.
Page 17
City of Yakima Exhibit A
1-82 Sewer Main Extension Scope of Work
1.2 Coordinate with the City — Coordinate with the City to facilitate the project's progress and
schedule. Attend progress meetings with City staff as requested. A total of six (6) progress
meetings are assumed in the Fee Estimate, in addition to other milestone and review meetings
identified elsewhere in this Scope of Work.
1.3 Maintain Project Information — Document and retain information generated during the
execution of the project.
Assumptions:
• Project management services are provided for preliminary design only. Additional project
management services for subsequent stages of work will be included in future supplements.
• Invoicing will provide separate billing groups to delineate work completed that is eligible for
Ecology funding vs. American Rescue Plan Act (ARPA)/City funding.
Provided by City:
• Attendance at progress meetings.
RH2 Deliverables:
• Monthly invoices in electronic PDF.
• Attendance at progress meetings.
Task 2 — Preliminary Design
Objective: Review background information to inform preliminary design. Perform a limited
topographic survey of the project alignment to identify ground surface elevations at key locations.
Evaluate and develop a preliminary project alignment, assess the permitting effort and needs
anticipated for the project alignment,evaluate ROW impacts and potential easement needs . Prepare
an alternatives analysis for City review and selection. Prepare a predesign technical memorandum
and 30-percent design plans for the preferred alignment (Stage 1 and Stage 2).
Approach:
2.1 Review Background Data — Review the City's GIS and LiDAR information and available as-builts
and/or maintenance records for the existing sewer collection system to document the age, size,
capacity, and condition of the existing pipes. Using existing information from previous
subsurface investigations, interim remedial actions, and proposed site development
infrastructure studies, map the boundaries and estimate the volume of municipal solid waste
(MSW) that likely exists near potential sewer alignments. RH2 will retain and work
collaboratively with Landau Associates Inc. to draw from and build upon previous and ongoing
site characterization and engineering analysis. Identify potential challenges with deep trench
excavation, groundwater conditions and control, and proximity to existing utilities and
structures. Prepare a summary GIS map delineating findings of the background data review to
support preliminary permitting and design alternatives analysis.
Page 18
City of Yakima Exhibit A
1-82 Sewer Main Extension Scope of Work
2.2 Coordinate Topographic Survey — Coordinate with PLSA Engineering & Surveying (PLSA) as a
subconsultant to RH2 to provide horizontal and vertical survey control and limited topographic
information along the anticipated sewer alignment(s) to support alignment analysis and
selection.The survey may include surface features, underground utilities,topography, roadway
and utility alignments, rights-of-way limits, property lines, and easements within the project
area. Perform one(1)site visit to review survey data.A full topographic survey will be completed
as part of a subsequent stage of work once the final sewer alignment has been selected.
2.3 Perform Permitting Needs Assessment — Perform a permitting needs assessment for the
project, including the following:
• Review existing environmental data, maps, and background reports specific to the project
area to support project permitting work. The City will provide background reports for any
critical areas work along the alignment, as available.
• Coordinate with the City's Community Development Department regarding the project,
anticipated permit approvals, background information, etc. Telephone and email
coordination are assumed for this subtask.
• Coordinate with the agencies and stakeholders involved in the project, including the City,
County, Ecology, WSDOT, and BNRR to discuss the project, anticipated approvals, and
approvals process. Telephone, email, and virtual meeting coordination are assumed for this
subtask. The City will provide contacts for stakeholders for RH2 coordination. Up to two (2)
virtual meetings are assumed, which will be attended by up to two (2) RH2 staff.
• Perform critical areas reconnaissance of the project alignment, including preliminary field
identification of wetland and stream drainages along the alignment for further delineation
and collection of site photographs to inform pre-application meeting with City staff. It is
assumed the City will coordinate rights-to-enter (RTEs) with the property owners for these
investigations. RH2 will investigate biological resources along both the Stage 1 and 2
alignments to inform assessment of permitting needs for the sewer alignment.
• Prepare pre-application meeting package to review the anticipated sewer alignment with
the City. Submit pre-application package to the City and attend one (1) meeting with City
project staff. It is assumed up to three (3) RH2 staff will attend the pre-application meeting.
Record feedback from the City and incorporate into the predesign technical memorandum.
2.4 Perform ROW Impacts Assessment—Perform a ROW impacts assessment to determine possible
construction extents in County and/or WSDOT and BNRR ROWs and easement needs.
2.5 Perform Alignment Alternatives Analysis— Evaluate and develop the project scope and extents
based on the project budget, permitting needs assessment, and easement needs. Evaluate and
develop alternatives for the sewer main alignment. Select and establish the project scope and
extents based on these assessments.
2.6 Prepare Predesign Technical Memorandum—Prepare a draft predesign technical memorandum
summarizing the results of the project scope and extents, permitting determinations and
anticipated effort, ROW impacts and easement needs, and cost estimates. Recommend a
Page 19
City of Yakima Exhibit A
1-82 Sewer Main Extension Scope of Work
preferred project alignment and submit the draft predesign technical memorandum to City staff
for review and comment. Finalize the predesign technical memorandum based on City
feedback.
2.7 Prepare 30-Percent Design — Prepare and submit 30-percent design plans and preliminary
opinion of probable construction cost (OPCC) based on the decisions documented in the
predesign technical memorandum. The 30-percent design plans will include horizontal
alignment and vertical profiles for the proposed gravity sewer main. Vertical profiles will be
limited to confirmation of minimum grade/slope and capacity requirements with typical
manhole spacing. Connection details and restoration plans will not be included. Attend one (1)
30-percent design review meeting with the City to discuss comments.
Assumptions:
• PLSA will coordinate with One-Call to perform locates before performing topographic
surveying.
• No geotechnical investigation activities are proposed in this Scope of Work. Geotechnical
investigations may be conducted during subsequent stages of work and will be included in
future supplements if needed.
• RH2 will retain Landau Associates Inc. as a subconsultant for support with the background
review and alternatives analysis tasks (Tasks 2.1 and 2.5 respectively)
• No wetland delineations are proposed in this Scope of Work. Delineations are anticipated to
be performed in subsequent stages of work and will be included in future supplements if
needed.
• 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.
Provided by City:
• Available as-builts, GIS and LiDAR data, background information, reports, etc.
• Coordination with property owners for RTEs for survey and critical areas work.
• Review comments on draft predesign technical memorandum.
• Review comments on 30-percent design plans and OPCC.
RH2 Deliverables:
• Attendance at one (1) site visit to review survey data.
• Attendance at up to two (2) virtual stakeholder meetings.
• Pre-application meeting package in electronic PDF and attendance at the pre-application
meeting.
• Draft and final predesign technical memorandum in electronic PDF.
Page 20
City of Yakima Exhibit A
1-82 Sewer Main Extension Scope of Work
• 30-percent design plans and preliminary OPCC in electronic PDF.
• Attendance at 30-percent design review meeting.
Task 3 — Supplemental Services
Objective: Provide additional services as requested by the City.
Approach:
3.1 Provide Additional Services — Provide additional services for the project as requested and
authorized by the City. Additional services anticipated to be needed include, but are not limited
to, final design, permitting, geotechnical, bidding, and construction support for the Stage 1
alignment. Prepare and submit a budget estimate for supplemental services as they are
requested by the City. The City shall provide written authorization to proceed with the
supplemental services.
RH2 Deliverables:
• Scope of work amendment and budget estimate for supplemental services.
• Other deliverables as requested by the City under an authorization for supplemental services.
Project Schedule
RH2 is prepared to begin work following receipt of an executed contract and anticipates completion
of the tasks listed herein within six (6) months of the notice to proceed letter issue date. Not all tasks
included in this Scope of Work must be fully completed prior to the preparation and execution of
amendments to the contract to advance the project to final design, permitting, and bidding services.
Page 21
EXHIBIT B
Fee Estimate
City of Yakima
1-82 Sewer Main Extension
Mar-24
Total Total Labor Total Subconsultant Total Expense Total Cost
Description Hours
Task 1 Project Management 52 $ 12,768 $ - $ 732 $ 13,500
1.1 Perform project management 14 $ 3,428 $ - $ 334 $ 3,762
1 2 Coordinate with the City 26 $ 6,724 $ - $ 278 $ 7,002
1 3 Maintain project information 12 $ 2,616 $ - $ 120 $ 2,736
Task 2 Preliminary Design 406 $ 90,278 $ 25,875 $ 8,347 I $ 124,500
2.1 Review background data 26 $ 6,550 $ 5,750 $ 585 $ 12,885
2.2 Coordinate topographic survey 16 $ 3,514 $ 14,375 $ 536 $ 18,425
2.3 Perform permitting needs assessment 98 $ 21,334 $ - $ 1,540 $ 22,874
2.4 Perform ROW needs assessment 20 $ 4,636 $ - $ 406 $ 5,042
2.5 Perform alignment alternatives analysis 72 $ 16,596 $ 5,750 $ 1,367 $ 23,713
2.6 Prepare predesign technical memorandum 72 $ 16,160 $ - $ 1,164 $ 17,324
2 7 Prepare 30-percent design 102 $ 21,488 $ - $ 2,748 $ 24,236
Task 3 Supplemental Services 48 $ 10,898 $ - $ 1,102 $ 12,000
3 1 Provide additional services 48 $ 10,898 I $ - $ 1,102 $ 12,000
PROJECT TOTAL 506 $ 113,944 $ 25,875 $ 10,181 $ 150,000
Page 22
EXHIBIT C
RH2 ENGINEERING, INC.
2024 SCHEDULE OF RATES AND CHARGES
RATE LIST RATE UNIT
Professional I $175 $/hr
Professional II $191 $/hr
Professional III $216 $/hr
Professional IV $233 $/hr
Professional V $252 $/hr
Professional VI $268 $/hr
Professional VII $292 $/hr
Professional VIII $302 $/hr
Professional IX $321 $/hr
Technician I $138 $/hr
Technician II $150 $/hr
Technician III $166 $/hr
Technician IV $183 $/hr
Technician V $201 $/hr
Technician VI $218 $/hr
Technician VII $237 $/hr
Technician VIII $250 $/hr
Administrative I $90 $/hr
Administrative II $105 $/hr
Administrative III $127 $/hr
Administrative IV $150 $/hr
Administrative V $170 $/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 $0.6700 (or Current IRS Rate)
Subconsultants 15% Cost+
Outside Services at cost
Rates listed are adjusted annually.
Page 23
1
a
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.H.
For Meeting of: May 7, 2024
ITEM TITLE: Resolution authorizing a professional services agreement with RH2
Engineering for professional engineering services of the 1-82
Sewer Main Extension Project 2760
SUBMITTED BY: Scott Schafer, Public Works Director
* Bill Preston, City Engineer
SUMMARY EXPLANATION:
The City of Yakima desires to enter into a Professional Services Agreement with RH2
Engineering for professional engineering services.
This project will include the environmental, design, permitting, and may include construction
administration services for a new gravity sanitary sewer mainline in the Boise Cascade Mill Site and
the abandonment of the Tamarack Lift Station. State, Federal, and local funds will be used on this
project.
The project design has been divided into two stages. This is stage 1, the Preliminary Design which
will define the project needs, location, and requirements. Stage 2 may be a supplement to this
agreement and will provide for the final design and/or construction management.
Once fully completed, this project will ultimately eliminate an aging lift station saving ongoing
maintenance costs, as well as future capital costs, and more importantly will put in place the first major
public infrastructure component within the Mill Site project necessary to unlock its positive and
transformative economic impact for the City.
Enclosed for City Council review is the Professional Services Agreement in an amount not to exceed
$150,000.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Economic Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER