HomeMy WebLinkAbout09/03/2024 07.H. Resolution authorizing an Agreement with Evergreen StormH2O to provide engineering design services for the Randall Pond Outlet Water Quality Treatment Project SW2634 i4
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.H.
For Meeting of: September 3, 2024
ITEM TITLE: Resolution authorizing an Agreement with Evergreen StormH2O to
provide engineering design services for the Randall Pond Outlet
Water Quality Treatment Project SW2634
SUBMITTED BY: Scott Schafer, Director of Public Works
* Mike Price, Wastewater/Stormwater Manager
SUMMARY EXPLANATION:
The City of Yakima (City) operates the Randall Park Pond as a stormwater detention facility in
compliance with the Department of Ecology (Ecology) Eastern Washington Phase II Stormwater Permit.
Water leaving the Pond enters Wide Hollow Creek through an outlet at the southern end of the Pond. In
April 2024, the City accepted grant funding from Ecology for the selection and design of Best
Management Practices (BMP) to reduce pollutants entering Wide Hollow Creek from the Pond.
The City used the Municipal Research and Services Center(MRSC) of Washington roster, a statewide
consultant roster system, followed by a competitive selection process in selecting Evergreen StormH2O
to perform the required engineering services. The proposed Agreement in an amount not to exceed
$547,090, provides for an alternative analysis, permitting, and 90°/o design of the selected BMP.
Ecology Share City Share Total Agreement Cost
$424,847 $122,243 $547,090.
The Agreement, including EXHIBIT A- SCOPE OF WORK, is attached for City Council review. Funding
for the City Share of expenses is from Stormwater Capital Fund 442.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
Resolution.docx
Agreement.docx
46
RESOLUTION NO. R-2024-
A RESOLUTION authorizing an agreement with Evergreen StormH2O to provide engineering
design services for City of Yakima Project SW2634 Randall Pond Outlet
Water Quality Treatment
WHEREAS, the City of Yakima owns, operates and maintains the Randall Park Pond as
a stormwater detention facility with an outlet to Wide Hollow Creek in accordance with the
Washington State Department of Ecology Eastern Washington Phase II Municipal Storm Sewer
Systems Permit; and
WHEREAS, the City received grant funding through Agreement No. WQC-2024-YakiWa-
00028 with the Department of Ecology for the selection and design of Best Management Practices
(BMPs) to reduce pollutants to Wide Hollow Creek originating from the Randall Pond outlet; and
WHEREAS, the City requires design engineering services to perform a BMPs alternatives
analysis and design of the selected BMPs; and
WHEREAS, the Stormwater Division complied with the provisions of RCW 39.80 which
concerns the procurement of engineering and architectural services by a city in selecting
Evergreen StormH2O as the most qualified engineering firm to perform the required work; and
WHEREAS, the City Council finds that it is in the best interest of the City of Yakima, and
its residents, to approve the agreement with Evergreen StormH2O to perform the required
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 engineering services
contract with Evergreen StormH2O in the amount of Five Hundred Forty-Seven Thousand and
Ninety Dollars ($547,090.00) for the selection and design of Best Management Practices for
pollutant reduction from the Randall Pond outlet.
ADOPTED BY THE CITY COUNCIL this 3rd day of September, 2024.
ATTEST: Patricia Byers, Mayor
Rosalinda Ibarra, City Clerk
47
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of , 20_, 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 Evergreen StormH2O with its
principal office at 11214 North Whitehouse Street, Spokane, WA 99218, (hereinafter referred to as
"ENGINEER" or "CONTRACTOR"); said corporation being licensed and registered to do business in the
State of Washington, and will provide water quality treatment best management practice(BMP)design
services under this Agreement for the Randall Park Pond Outlet Water Quality Treatment Project on
behalf of the City of Yakima, Project No. SW2634, 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 and in the
(RFP/Proposal#), which is attached hereto and fully incorporated herein by this reference.
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,
Aimee Navickis-Brasch, PhD, 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."
ENGINEER shall not be obligated to perform any Additional Services unless the parties have
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executed a written Order for Additional Services in advance with agreement between the parties
on changes to the contract price and contract time stated in the Order for Additional Services or
ENGINEER agrees in writing to proceed with the Additional Services prior to written agreement
between the parties on changes to the contract price and contract time. No course of conduct or
dealing between CITY and ENGINEER shall be the basis of any claim relating to changes to the
WORK or lack of changes to the WORK unless a written Order for Additional Services has been
executed as described above.
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 A, 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 additional or adjusted claim for adjustment in writing within thirty
(30) days from the date of the written Order for Additional Services.
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 for engineers in the same or similarly locality under the same or similar
circumstances.
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 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 rely
upon the accuracy and the completeness of such documents, services and reports, but shall be
responsible for exercising customary professional care for engineers in the same or similarly locality
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under the same or similar circumstances in using and reviewing such documents, services, and
reports and drawing conclusions from them.
SECTION 5 AUTHORIZATION, PROGRESS,AND COMPLETION
5.1 In signing this Agreement, CITY grants ENGINEER specific authorization to proceed with WORK
described in Exhibit A. The time for completion is defined in Exhibit A, or as amended.
SECTION 6 COMPENSATION
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 (Exhibit C).
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 Five Hundred Forty-Seven Thousand Ninety Dollars ($547,090). 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
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will be allowable to the same extent as if such costs had been incurred after the approved increase,
and provided that the City was informed in writing at the time such costs were incurred.
6.3 The ENGINEER shall submit to the City's Representative an invoice each month for payment for
PROJECT services completed through the accounting cut-off day of the previous month. Such
invoices shall be for PROJECT services and WORK performed and costs incurred prior to the date
of the invoice and not covered by previously submitted invoices. The ENGINEER shall submit with
each invoice a summary of time expended on the PROJECT for the current billing 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
upon approval of the WORK done and amount. 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 thirty
(30) 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
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 unless any such error, omission, or
deficiency arises out of ENGINEER's reasonable reliance on defective information not causally
attributable to ENGINEER. The ENGINEER shall perform its WORK according to generally
accepted civil engineering standards of care for engineers in the same or similarly locality under
the same or similar circumstances 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
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harmless therefrom unless any such claim arises out of CITY's failure to make timely payments to
ENGINEER as required under this Agreement.
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 that are caused by acts, failures
to act, errors or omissions attributable to the ENGINEER or any of ENGINEER's agent(s) or
subcontractor(s) in performance of this Agreement. This indemnification and hold harmless
obligation does not apply to any claims caused by the acts or omissions, whether negligent or
intentional, of CITY, its elected and appointed officials, officers, employees, agents,
representatives, contractors, subcontractors, insurers, attorneys, and volunteers in the
performance of this Agreement.
b. CITY agrees to release, indemnify, defend, and hold harmless ENGINEER, its members,
managers, officers, employees, agents, representatives, insurers, and attorneys 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 that are caused by acts, failures to act, errors or omissions attributable to
the CITY or any of CITY's elected and appointed officials, officers, employees, agents,
representatives, contractors, subcontractors, insurers, attorneys, and volunteers in
performance of this Agreement. This indemnification and hold harmless obligation does not
apply to claims caused by the acts or omissions, whether negligent or intentional, of
ENGINEER, its members, managers, officers, employees, agents, representatives, insurers,
and attorneys in the performance of this Agreement.
c. Industrial Insurance Act Waiver. It is specifically and expressly understood that the parties
waive any immunity that may be granted to them under the Washington State industrial
insurance act, Title 51 RCW, solely for the purposes of this indemnification. Each party'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. Each party shall require that its
respective agents, representatives, subcontractors, anyone directly or indirectly employed or
hired by each party, and anyone for whose acts each party 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.
d. 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.
e. Nothing contained in this Section or this Agreement shall be construed to create a liability or a
right of indemnification in any third party.
f. The terms of this Section shall survive any expiration or termination of this Agreement.
7.5 In any and all claims by either party's employee, 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 either party or a contractor or
subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other
employee benefit acts. Each party 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.
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7.6 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, and such tax or assessment is
the legal responsibility of ENGINEER,then ENGINEER shall pay the same before it becomes due.
7.7 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 and entitle ENGINEER to an increase in the contract price and/or project completion
time. 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 for engineers in the same or similarly locality under the same or
similar circumstances 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, namely Exhibit D. 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 solely 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.
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 and liability. The CITY agrees to indemnify the ENGINEER and its
members, managers, officers, employees, consultants, subcontractors, agents, representatives,
and affiliated corporations from all first party and third-party claims, damages, losses, and costs
including, but not limited to, litigation expenses and attorney's fees arising out of or related to such
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
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CITY's duly authorized representative, shall have access to such books, records, documents, and
other evidence for inspection, audit, and copying for a period of three years after completion of the
PROJECT. The CITY shall also have access to such books, records, and documents during the
performance of the PROJECT WORK, if deemed necessary by the CITY,to verify the ENGINEER's
WORK and invoices.
10.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
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 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, except where City
has approved, in writing, a change to the insurance requirements.
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 Five Million Dollars ($5,000,000.00) 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
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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.
11.1.2. 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 employers liability insurance as required by state
law.
11.1.4. Professional Liability Coverage. Before this Contract is fully executed by the parties,
ENGINEER shall provide the City with a certificate of insurance as proof of professional
liability coverage with a total liability limit of the limits required in the policy, subject to
minimum limits of Two Million Dollars ($2,000,000.00) per claim, and Five Million Dollars
($5,000,000.00) aggregate. The certificate shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided are
in effect. Said policy shall be in effect for the duration of this Contract. The insured shall
not cancel or change the insurance without first giving the CITY thirty(30) calendar days
prior written notice. 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.
SECTION 12 SUBCONTRACTS
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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
ENGINEER's subcontractors performing subcontract Work. However, in the event that the City
seeks to file any insurance claim arising out of the performance, acts, or omissions of an
ENGINEER's subconsultant or subcontractor, the City shall file any such claim against the
subconsultant's or subcontractor's insurance rather than the ENGINEER's insurance, except in
such instances where a subconsultant or subcontractor does not maintain insurance coverage(s)
satisfying the requirements in Section 11 of this Agreement or the change to the insurance
requirements the City has approved in writing.
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 parties for themselves and their respective
heirs, executors, administrators, successors and assigns, do each hereby agree to the full
performance of all of the covenants herein contained upon the part of each party. 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 and the Agreement Documents represent the entire understanding of and
agreement between 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 and the Agreement Documents may not be modified or altered except in writing
signed by both parties ("Amendment").
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
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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 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.
16.2 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, and
ENGINEER may terminate this Agreement in accordance with Section 18.1 and recover from CITY
payment for services provided prior to such termination, together with reimbursable expenses then
due. In the event of a suspension of the WORK, ENGINEER shall have no liability to CITY for delay
or damage caused to CITY resulting from such suspension of WORK caused by a CITY-directed
suspension or CITY's failure to pay invoices when due and will be entitled to be paid by CITY for
all sums due prior to suspension and any reasonable expenses directly caused by the interruption
and resumption of ENGINEER's services. 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
thirty(30) 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 30-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 thirty
(30) 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 direct 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 called for by the Agreement at the date of
Page 10 57
termination, and the actual cost to CITY of completing the WORK itself or of employing another
firm to complete it. However, CITY shall make reasonable efforts to mitigate damages arising from
such termination for default. 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 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,
ENGINEER shall be entitled, without prejudice to any other rights or remedies, to recover from
CITY payment for all Work performed and reasonable overhead, profit, and reimbursable expenses
incurred to the date of termination and for any and all damages, loss, cost, or expense incurred as
result of the termination, including 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) within
thirty (30) days of receipt of the notice, 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/her services to the PROJECT, the parties will negotiate in good faith a
mutually agreeable resolution.
18.9 Mutual Waiver of Consequential Damages. CITY and ENGINEER waive claims against each other
for all indirect or consequential damages arising out of or relating to this Agreement in excess fo
the contract price. This mutual waiver is applicable to all indirect or consequential damages due to
either party's termination of this Agreement.
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.
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CITY: City of Yakima
129 N 2nd Street
Yakima,WA 98901
Attn: Bill Preston
ENGINEER: Aimee Navickis-Brasch
PO Box 18912
Spokane, WA 99228
SECTION 21 INSPECTION AND PRODUCTION OF RECORDS
21.1 The records relating to the WORK shall, at all times, be subject to inspection by and with the
approval of the City, but the making of(or failure or delay in making) such inspection or approval
shall not relieve ENGINEER of responsibility for performance of the WORK in accordance with this
Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its
substantiality or the ease of its discovery. ENGINEER shall provide the City sufficient, safe, and
proper facilities, and/or send copies of the requested documents to the City. ENGINEER's records
relating to the WORK will be provided to the City upon the City's request.
21.2 ENGINEER shall promptly furnish the City with such information and records which are related to
the WORK of this Agreement as may be requested by the City. Until the expiration of three (3)
years after final payment of the compensation payable under this Agreement, or fora 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.
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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
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. SW2634,
titled Randall Park Pond 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
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hire anyone or any entity having such a conflict of interest during the performance of this
Agreement.
23.7 Promotional advertising prohibited. Reference to or use of the City, any of its departments,
agencies or other subunits, or any official or employee for commercial promotion is prohibited.
News releases pertaining to this procurement shall not be made without prior approval of the City.
Release of broadcast emails pertaining to this procurement shall not be made without prior written
authorization of the City.
23.8 Time is of the essence. Timely provision of the WORK required under this Agreement shall be of
the essence of the Agreement, including the provision of the WORK within the time agreed or on a
date specified herein.
23.9 Waiver of breach. A waiver by either party hereto of a breach of the other party hereto of any
covenant or condition of this Agreement shall not impair the right of the party not in default to avail
itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon
strict performance of any agreement, covenant or condition of this Agreement, or to exercise any
right herein given in any one or more instances, shall not be construed as a waiver or
relinquishment of any such agreement, covenant, condition or right.
23.10 Force Majeure. ENGINEER will not be responsible for delays in delivery due to acts of God, fire,
strikes, riots,delay in transportation, or those effects of epidemics or pandemics that could not have
been reasonably anticipated or mitigated through acts of the ENGINEER; provided ENGINEER
notifies the City immediately in writing of such pending or actual delay. Normally in the event of
such delays, the date of delivery of WORK will be extended for a period of time equal to the time
lost due to the reason for delay.
23.11 Authority. The person executing this Agreement on behalf of ENGINEER represents and warrants
that they have been fully authorized by ENGINEER to execute this Agreement on its behalf and to
legally bind ENGINEER to all terms, performances, and provisions of this Agreement.
23.12 Survival. The foregoing sections of this Agreement, inclusive, shall survive the expiration or
termination of this Agreement, in accordance with their terms.
23.13 Amendments; Waiver. No amendment to this Agreement or the Agreement Documents shall
change or modify this Agreement and the Agreement
Documents unless in writing and signed by both CITY and ENGINEER. No waiver of any provision
of this Agreement will be valid unless in writing, signed by the party against whom the waiver is
sought to be enforced. No failure to enforce any right under this Agreement will constitute a
continuing waiver of the same or any other right under this Agreement.
23.14 Ecology Standard Contract Clauses. The provisions included in Exhibit F are fully applicable as
part of this agreement.
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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 Evergreen StormH2O
Victoria Baker Aimee S. Navickis-Brasch
Printed Name: Printed Name: Aimee Navickis-Brasch
Title: City Manager Title: President
Date: Date:
Attest
City Clerk
List of Exhibits attached to this contract
Exhibit A—Scope of Work
Exhibit B— Professional Fee
Exhibit C—Schedule of Rates
Exhibit D— Project Schedule
Exhibit E— Flow Monitoring Locations
Exhibit F— Ecology Contract Insert for All Services for State-Funded Projects
Page 15 62
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 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.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
Page 16 63
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:
Page 17 64
EXHIBIT A
SCOPE OF WORK
Project: Randall Park Pond Outlet Water Quality Treatment Design
Client:City of Yakima
Consultant: Evergreen StormH2O
Client Contract No.:SW2634
Contract No.: 24003
BACKGROUND AND PURPOSE
The City of Yakima (City, Client) has secured grant funding from the Washington State
Department of Ecology's (Ecology) Water Quality Combined Funding pool to complete
deliverables through a 90% design package for the City's Randall Park Pond Project. Randall
Park Pond is managed by the City as a stormwater detention pond, receiving primarily untreated
urban runoff from approximately 590 acres of residential area. Randall Park Pond was modified
in the 1970s as a park feature, prior to the City receiving its Eastern Washington (EWA) Phase
II Municipal Separate Storm Sewer Systems (MS4) Permit; as such, it is expected that it does
not meet current treatment standards for regulated pollutants. In recent years, Randall Park
Pond has become home to a resident duck population, resulting in significant fecal bacteria
contamination in the pond that can overflow to Wide Hollow Creek, less than 1/4-mile
downstream of the Randall Park Pond outlet. Wide Hollow Creek and the Randall Park Pond
outlet each have multiple Category 5 303(d) listings. Both water bodies fall under the Mid-
Yakima River Basin Bacteria TMDL, which went into effect in 2020. The scope of work
described in this document will support the City in meeting its TMDL obligations. Specifically,
the goals of this project include addressing water quality issues in Wide Hollow Creek by
reducing pollutant loading of Total Suspended Solids (TSS), dissolved metals, and bacteria in
the Randall Park Pond outflow, and infiltrating the treated water, where possible, to reduce
downstream flow volumes. The project goals will be achieved by completing the following:
• Review existing information and complete site reconnaissance (Task 2),including: topographical site
survey,geotechnical investigation,wetland delination,cultural resources investigation, and right-of-
way/easement acquisition assessment(Task 3).
• Develop necessary permit documentation for the project and site conditions (Task 2), including:
wetland permits (Joint Aquatic Resources Permit Application [DARPA] and/or U.S. Army Corps of
Engineers (Corps) permits, as needed), cultural resources documentation (DAHP EZ Form and/or
Ecology's 070-537 Form, Inadvertent Discovery Plan [IDP], and a cultural resources inventory
technical report to support that documentation, as needed), and right-of-way/easement acquisition
applications and/or documentation(Task 3).
• Identify potential Best Management Practices (BMPs) that have demonstrated effectiveness
addressing pollutants regulated by the MS4 Permit and bacteria.Since BMPs in the SWMMEW are not
approved for bacteria reduction, published literature will be reviewed to identify which SWMMEW
BMPs appear to be effective for bacteria reduction based on reported BMP effectiveness and BMPs that
provide the treatment mechanisms needed to reduce bacteria(Task 4).
• For identified BMPs, review the SWMMEW design criteria and requirements and develop a
consolidated summary table with those items that are applicable.This will serve as a guide for design
and will be customized with the Client to meet the City's specific requirements,if needed(Task 4).
• Evaluate water quality BMP alternatives researched as part of the literature review, and conduct an
alternatives analysis of how and where they could function within the site. Evergreen StormH2O
(Consultant) will work with the Client to select the best option (Task 4), which will be advanced to
90%design.
• Develop design documents (Plans, Specifications, and Estimate) through a 90% level (including an
Ecology Design Report)that meet the requirements in the Ecology grant agreement(Task 4).
General assumptions are as follows:
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• The Consultant Team includes Evergreen StormH2O as the Prime Consultant (Consultant) and the
following as Subconsultants: Historical Research Associates (HRA) (Task 2A),Widener &Associates
(Task 2B), GN Northern (Task 2C), TD&H Engineering (TD&H) (Task 2D and Task 4), and
Commonstreet Consulting(Task 3).
• All utility coordination(e.g.,communication regarding project progress and opportunity for comment
at key milestones),as well as any private utility locates,will be conducted by the Client.
• Consultant Team personnel that are conducting survey or subsurface work shall submit their own
public utility locate request(s)in advance of work,per RCW 19.122.
• All property owner (including Nob Hill Water Association) coordination will be conducted by the
Client.
• Within this document,references to the SWMMEW refer to the 2024 SWMMEW,and references to
the MS4 Permit refer to the 2024-2029 MS4 Permit.
• The following pertain to Hydrologic and Hydraulic(H&H)modeling for the project:
o BMPs will be sized per the SWMMEW.
o Randall Park Pond hydraulics will not be modeled.
o Modeling of the open channel conveying Randall Park Pond's outflow will be limited to work
necessary to estimate flows from the pond. Modifications to the channel are not part of this
scope of work
• Construction cost estimates will be provided in the current year's construction dollars and will
not be inflated for future construction.
• Construction cost estimates will include a contingency consistent with the design level for which
it was developed.
• Site restoration design will be limited to matching in-kind site conditions and will not be stamped by
a Professional Landscape Architect.
• Project specifications will not be developed until the 90%Design Package.
• The Client will upload all grant-required deliverable documents, including progress reporting, to
Ecology's EAGL portal.
• The project will be completed by June 30, 2026; the end date is defined in the City of Yakima's grant
agreement with Ecology for this project.
• This scope of work assumes all interim and final deliverables will be provided electronically and
shared via email attachment or through a dedicated project site hosted and managed by the Consultant.
• This document(Exhibit A)is a companion to Exhibit B-Professional Fees,and Exhibit C-Schedule of
Rates.A preliminary schedule is included as Exhibit D,which will be revised and confirmed with input
from the City during the project kickoff meeting.
• The Consultant will perform the services described up to the amounts described in Exhibit B. If
additional effort is needed, Evergreen will coordinate with the Client prior to starting the additional
work to discuss an Amendment to the Scope of Work
Task 1 Grant and Loan Administration (Client-managed)
This task covers the administration of the Ecology grant and loan, which will be conducted by
the Client.
Task 2 Cultural and Environmental Review, and Permitting
The focus of this task is to collect necessary data to support project alternatives analysis
selection and development of the design documents. This will include GIS and other available
data or records related to Randall Park Pond and its performance; topographic surveying;
geotechnical investigation; cultural resources assessment and permitting, as necessary;
wetland survey delineation and permitting, as necessary; and easement acquisition, as
necessary.
Task 2A I Cultural Resources Assessment and Permitting
Historical Research Associates Services
This task includes all work related to Cultural Resources Review and necessary permitting for
the proposed project improvements. This is expected to include:
• Coordinate and perform a Cultural Resources Assessment(CRA)for the project area,which is expected
to include:
o Conducting background research on Department of Archaeology and Historic Preservation's
(DAHP)database(WISAARD) and within the HRA library. HRA staff will also review historic-
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period General Land Office (GLO), U.S. Geological Survey (USGS), and Sanborn maps; Tax
Assessor data; soils data; and any other pertinent literature,records, documents, maps, and
reports related to the project's natural and cultural history.
o Conducting field investigations consisting of pedestrian and subsurface (shovel probe)
archaeological survey within the project's area of potential effects (APE).
o Preparing a Cultural Resources Technical Report that meets DAHP standards and guidelines
and incorporates the results of the archaeological survey.At minimum,the report will include
a DAHP coversheet;management summary;introduction and project description;cultural and
environmental context;background research,methods;results of the field investigations;and
conclusions and recommendations.
• Assist with text for required forms to initiate agency review,including:
o The DAHP EZ Form for GEO 21-02 and/or the Ecology 070-537 Form
o An Inadvertent Discovery Plan(IDP)in Ecology's template
o Text to address Question 13 of the SEPA checklist
Client Responsibilities
• Arrange for site access for Consultant Team personnel.
• Coordinate private utility locates on the Nob Hill Water Association parcel,if necessary.
• Review and provide one (1) consolidated set of comments on draft Cultural Resources documents
within two (2)weeks,or another mutually agreed-upon timeframe.
• Provide appropriate project and contact information for DAHP and Ecology forms.
Assumptions
• The project is subject to GEO 21-02. No federal permits or funding are anticipated.
• Ecology will be the lead agency for GEO 21-02.
• The APE for the project will be proposed as the footprint of all BMP alternatives and associated
anticipated staging and access areas prior to HRA conducting background research.HRA assumes that
the APE will cover no more than 0.4 acres. If the APE changes,the scope and budget may be adjusted
accordingly.
• The Consultant will provide any relevant data collected as part of Task 4A related to site cultural or
archeological conditions.
• The Consultant will provide direction on the anticipated location(s)of infiltration BMPs.
• Task 2A will be completed in 2024;if work under this task extends into the 2025 calendar year,a cost
modification may be required.HRA's rates will automatically adjust each calendar year.
• HRA will inform the appropriate Tribes via phone/email of the project schedule and invite them
to participate in the survey. HRA's tribal notifications do not constitute consultation under 36 CFR
Part 800 and/or GEO 21-02; consultation is the responsibility of the lead agency (Ecology).
• Soils and sediments in the project vicinity are not known to have increased likelihoods of
containing regulated hazardous materials. As a result, this scope of work assumes that no
HAZWO PER training is required; that personal protective equipment (PPE) beyond basic Level D
protection is not required; and that a HAZWO PER-level Health and Safety Plan (HASP) will not be
necessary.If conditions change and/or these items are required,HRA will approach the Consultant
for a change order and will be given up to ten (10) days to prepare a HAZWOPER HASP. If a
HAZWO PER HASP is needed, the Consultant will furnish all information necessary for HRA's
contracted industrial hygienist to prepare the document within five (5) days.
• Ground disturbance anticipated with the project will be limited to an area within the ROW of S
44th Ave and/or covering no more than 0.12 acres in the eastern portion of the undeveloped Nob
Hill Water Association Parcel. The maximum depth of ground disturbance for any BMP proposed
within the S 44th Ave roadway prism is anticipated to be six(6) feet below surface. The maximum
depth of ground disturbance for BMPs proposed within the Nob Hill Water Association Parcel is
anticipated to be four (4) feet below surface.
• Field investigations associated with shovel probes will require utility locates. HRA will coordinate
public utility locates only. The City will be responsible for the coordination and cost of private
utility locates,if required.
• HRA's fieldwork will consist of one (1) day for one (1) archaeologist to travel to the project
location and mark the project footprint with white paint for public utility locates and one and a
half(1.5) days for two (2) archaeologists to conduct the shovel probe survey.
• No archaeological permits will be required for the cultural resources survey.
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• No archaeological resources will be identified during the inventory.
• HRA will excavate up to six(6)shovel probes during the subsurface survey.
• Shovel probes will be excavated and extended with augers (as feasible) until one of the following is
encountered: the maximum depth of ground disturbance (either four [4]or six [6] feet below ground
surface depending on the BMP location within the site, as described above), glacial sediments, or a
subsurface impediment.
• No shovel probes will be excavated through impervious surfaces or in the vicinity of buried utilities.
• Access routes and staging areas will be confined to impervious surfaces or previously disturbed
surfaces.They will be subject to pedestrian survey but not to shovel probe investigations.
• No built environment resources are within the project's APE, so no architectural inventory will be
conducted for the project. If architectural resources are encountered, a scope modification may be
required.
• HRA's investigations do not include identifying Traditional Cultural Properties (TCPs),Traditional
Cultural Landscapes,and/or Historic Properties of Religious and Cultural Significance (HPRCST).
• There will be no in-person meetings, except for on-location meetings that may occur during
survey.Any meetings with Tribes or DAHP will be virtual.Virtual meetings or phone calls with the
City, Ecology, DAHP,or the Tribes will not exceed two (2)hours over the course of the project.
• No human remains, archaeological resources, or potential archaeological resources requiring
additional investigations,permits,or treatment will be investigated under this contract.
• The following pertain to the project schedule for this work:
o HRA will begin background research within two (2)weeks of receipt of a fully executed contract
or a map/GIS shapefiles of the project footprint for all proposed BMP alternatives and associated
anticipated staging and access areas,whichever occurs later.
o HRA will begin the field investigations within 30 days of completing the background research and
notification of rights-of-entry.
o A draft report will be completed within six(6)weeks of completion of the field investigations.
o HRA will submit the final technical report within two (2) weeks of receiving comments on the
draft.
Deliverables
• Ecology Deliverable 2.1 Draft and Final Cultural Resources Review Form(Word and PDF)
• Ecology Deliverable 2.2 Draft and Final IDP (Word and PDF)
• Draft and Final Cultural Resources Summary Technical Report(Word and PDF)
• Draft and Final Text for forms to initiate agency review(Word)
Task 28 I Wetland and Environmental Permitting
Widener&Associates Services
Task 28.1 I Wetland Delineation and Boundary Identification
The purpose of the wetland report is to identify jurisdictional wetlands within the project corridors
and the proposed alignment. This is expected to include:
• Develop,implement, and complete field surveys to identify and delineate wetlands in the project
area using the appropriate methods described in the Corps of Engineers Wetlands Delineation
Manual (Environmental Laboratory 1987),Wetlands Research,Technical Report Y-87-1, January
1987.
• Prepare a comprehensive Wetland Delineation Summary Report that includes detailed wetland
maps, documentation of survey methods, results, potential impacts from project actions, and
recommendations for wetland protection and mitigation.
Task 28.2 I Wetland Mitigation Plan
This task covers the wetland and/or wetland buffer mitigation plan which will discuss how the
project will mitigate for wetland and wetland buffer impacts within the project limits. The plan will
be completed according to the requirements of the U.S. Army Corps of Engineers (USACE) and
the Client. This is expected to include:
• Collect on-site data and information about the boundaries of the existing wetlands and riparian
areas.
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• Develop a conceptual planting plan or a bank use plan for mitigation based on the preferred
mitigation option.
• Prepare a draft of the mitigation plan that includes a narrative describing the proposed mitigation;
monitoring (if needed), including accompanying draft special provisions (if required); a vicinity
map; a plan view and/or detail maps of the proposed mitigation; and other informational maps as
required by the permitting agencies.The plan will be provided for Client review,revised according
to Client comments,and submitted to the reviewing agencies.
Task 28.3 I SEPA Checklist
This task relates to work associated with the SEPA documentation process, and is expected to
include:
• Complete appropriate SEPA documentation, including all needed studies, modeling, and analysis
in accordance with the State Environmental Policy Act (RCW 43.21C) and SEPA Rules (WAC 197-
11).
• Coordinate with the City of Yakima's Planning Department to address comments on the SEPA
Checklist and provide support for the SEPA process.
Task 28.4 I Additional Permitting
If wetlands are impacted by the project, the Consultant will coordinate, assemble, and facilitate
necessary environmental permits, as needed, to a standard acceptable by the permitting
agencies for the project. This is expected to include:
• Develop and Coordinate with agencies to obtain the following permits:
o 404 Permit
o 401 Certification
• Complete and submit the following permit applications:
o JARPA
o Water Quality Application
Client Responsibilities
• Arrange for site access for Consultant Team personnel.
• Review and provide one (1) consolidated set of comments on draft permit documents within two (2)
weeks or another mutually agreed-upon timeframe.
Assumptions
• The Consultant will provide any relevant data collected as part of Task 4A related to site wetland
conditions.
• The Consultant will provide direction on the anticipated location(s)of infiltration BMPs.
• Delineated wetland boundaries shall be identified on the ground with flagging. The delineated
wetland boundaries shall be mapped with accuracy acceptable to the USACE.
• The Wetland Delineation Summary Report shall contain appropriate forms for wetland
identification, delineation, and function assessment required by the USACE. The information in
this report is intended for use in compliance with Section 404 of the Clean Water Act. The final
report and associated documents shall be in a format acceptable to the USACE.
• The Draft Mitigation Plan will include accompanying draft special provisions,if required.
• The following pertain to wetland permitting,if required:
o If wetlands are impacted by the project and a JARPA application is required, Widener &
Associates will complete the JARPA form and the Consultant will provide the JARPA drawings.
o The permit application shall include all requested information,such as application forms; all
necessary permit drawings; an attachment describing project location; project purpose and
need;alternatives considered;and a summary of project impacts.
o The Consultant will provide a draft transmittal letter for submittal of the application by the
Client.
o The draft application, including supporting information, shall be submitted to the Client for
review and comment.
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o Revised permit applications shall be provided to the Client for signature and submittal to
permitting agencies.
o The Consultant shall perform the necessary coordination to obtain the permit.
• Client review of documents will be concurrent with permitting agency review.
Deliverables
• Ecology Deliverable 2.3 Draft and Final SEPA Checklist(PDF)
• Ecology Deliverable 2.4 Final SEPA Determination(PDF)
• Ecology Deliverable 2.5 Draft and Final Wetland Delineation Summary Report(Word and PDF)
o The Draft Report will be revised following Client comments and USACE comments,before the
Final Report is issued
• Draft and Final Mitigation Plan(PDF)
• Draft and Final JARPA(PDF),to secure a 404 Permit from USACE
• Draft and Final Water Quality Application (PDF),to secure a 401 Certification from Ecology
Task 2C I Topographic Survey
This task describes all work necessary to complete a topographic survey, including fieldwork,
utility locates, and developing the basemap.
TD&H Engineering Services
• Coordinate and provide a topographical survey of the project area,which is expected to include:
o Survey of stormwater and related features of the Randall Park Pond outlet,including features
within 20 feet of the stormwater flow path within the S 44th Ave right-of-way(ROW)and the
Nob Hill Water Association parcel (Parcel No. 18132734007).
• Prepare an existing conditions DTM based on collected topographic survey data.
Client Responsibilities
• Arrange for site access for Consultant Team personnel,including obtaining written permission to enter
all private properties.
• Complete locates for all City utilities and request/coordinate One-Call locates for all other utilities
inside of and within 100 feet outside of the project survey limits (S 44th Ave crossing and Nob Hill
Water Association parcel).
Assumptions
• The Consultant will provide relevant data collected as part of Task 4A related to survey and
development of the project base map. If available,this is expected to include existing base maps in the
area and/or as-built information for the storm sewer and any other utilities in the project vicinity.
• ROW/easement acquisition will be completed by Commonstreet Consulting as part of Task 3.
• Topographic survey is estimated to require three(3)days in two(2)trips.Two(2)field days will occur
in the initial trip,with another(1)field day in a follow-up trip to collect any additional survey data that
is needed.
• For the ROW/easement acquisition, TD&H will provide a general description of the acquisition area
required for the proposed improvements (i.e.,"the easterly 20 feet of Parcel No. 18132734007").
• The following items are not included in this scope of work: preparing legal descriptions,preparing a
Record of Survey,and/or setting new property or easement corners.
Deliverables
• Draft and Final topographic survey basemap and DTM (in AutoCAD Civil3D 2024 or compatible
format)
• Stamped survey sheets for inclusion in plan set(PDF)
Task 2D I Geotechnical Investigation
The focus of this subtask is to collect necessary data to support project alternatives analysis
selection and development of the design documents. The geotechnical investigation will include
access coordination; public utility notification; desktop review; mobilization; site investigation
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and soil sampling; borehole backfill and restoration; laboratory testing; engineering analysis;
and preparation of a geotechnical report to support project design.
GN Northern Services
• Coordinate site access with the City of Yakima.
• Provide site reconnaissance and examine site conditions. Mark borehole locations with white
paint and then call in public locates via the WA Utility Notification Center.An onsite private utility
locate can be performed in the S 44th Ave/Randall Park Pond Outlet vicinity,if requested.
• Conduct a desktop review of selected published technical literature pertaining to the site/vicinity,
including available geologic maps, soil maps, selected aerial photos, well logs in the vicinity, and
USGS topographic maps of the project site.
• Advance seven to eight(7-8) exploratory borings to depths of 10-20 feet below the ground surface
(BGS) or auger refusal, whichever occurs first, with a rubber-tire truck mount drill rig. Boring
locations will be selected by the geotechnical engineer based on access and site constraints. If
loose or soft soil conditions are encountered at the noted depths, the final depth of exploration
may be increased by the geotechnical engineer. Groundwater levels, if encountered, will be
measured in the borings upon completion. A field engineer/geologist will log the subsurface
conditions in the borings,examine soil conditions,and collect samples of near surface soils for the
laboratory. Standard penetration test(SPT) sampling will be performed at 2.5-foot intervals, and
samples recovered will be retained for soil classification and index testing.The crew will conduct
drilling and sampling in general accordance with ASTM D1586, Split Spoon Barrel Sampling, and
ASTM D1587.Upon completion,borings will be backfilled with bentonite and the surface restored
to near-original condition.
• Conduct three (3)in situ infiltration tests within areas of proposed infiltration BMPs (anticipated
on the easterly edge of Parcel No. 18132734007). The infiltration tests will be performed in
general conformance with the borehole methods prescribed in Chapter 6 of the SWM MEW. Soil
samples will be collected from each test hole for laboratory Cation Exchange Capacity (CEC)
analysis and organic content analysis.
• Include in the laboratory testing program: CEC analysis, organic content, moisture content,
particle soil analysis (fines content),and plasticity index.
• For the engineering analysis, use the data acquired from site reconnaissance, subsurface
exploration, and laboratory/field testing to assess suitability of the subsurface conditions. The
report will include results of the field exploration and laboratory and field tests; discussions on
subsurface soil and groundwater conditions; suitability of onsite soils; presence of a
restrictive/limiting layer; discussions on regional and local geologic conditions; graphic and
tabulated results of laboratory tests and field data; discussion on groundwater and seasonal
fluctuations; and soil infiltration rates,etc.
Client Responsibilities
• Arrange for site access for Consultant Team personnel.
Assumptions
• The Consultant will provide any relevant data collected as part of Task 4A related to site soil conditions.
• The Consultant will provide direction on the anticipated location(s)of infiltration BMPs and therefore
the preferred approximate location for an infiltration test.
• The services will be performed in accordance with generally accepted standards of the
geotechnical engineering profession.
• This task will be overseen by a professional geotechnical engineer registered in the state of
Washington.
• The Final Geotechnical Report will be stamped and signed by a Professional Geotechnical Engineer.
Deliverables
• Draft and Final Stamped and signed Geotechnical Report, (Word and PDF)
Task 3 Easement Acquisition Task
The focus of this task is to negotiate and acquire an easement for construction of the final water
quality BMP design.
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Commonstreet Consulting (Commonstreet) Services
• Coordinate and perform real property negotiations for a temporary construction easement acquisition
for the project.This is expected to include:
o Hazardous substances certification and property assessment checklist.
o Appraisal from the State certified general real estate appraiser.
o Independent review of the appraisal.
o Review title report and recommend which exceptions should be taken,subject-to,or cleared.
o Request new,and/or updates to,existing title commitments.
o Make at least three (3) meaningful contacts in the attempt to reach property owners for
settlement, preferably in person.
o Facilitate execution of conveyance documents, and deliver executed documents to agency for
payment processing and recording.
o Coordinate appraisal task and any subconsultants, as necessary, providing all documentation
required to complete appraisal reports and integrate findings into offer packages.
o Prepare a summary of the results and the work completed.
Client Responsibilities
• Arrange for site access for Consultant Team personnel.
• Provide a legal description of the acquisition area.
• Review and provide one(1)consolidated set of comments on draft documents within the agreed-upon
schedule.
Assumptions
• The Consultant will provide any relevant data collected as part of Task 4A related to site easements
and/or ROW.
• The Consultant will provide direction on the anticipated location(s)of infiltration BMPs.
• This work will occur following completion of the alternatives analysis (Task 4).
• Commonstreet will facilitate all necessary real estate conveyance document closing activities.
• The summary of work completed will be documented in an email.
• The task budget includes two (2) site visits: one for the Hazardous substances certification and
property assessment,and one to present the offer.
• There is no evidence of hazardous substances on the parcel.
• There will be no relocation.
• Real property negotiations will be with one parcel ownership.
• The City of Yakima will pay any recording and escrow fees.
• Legal description of the acquisition area will be supplied by the Client.
Deliverables
• Ecology Deliverable 3.1 Draft and Final Hazardous Substances Certification and Property Assessment
Checklist(PDF)
• Ecology Deliverable 3.2 Appraisal(PDF)
• Ecology Deliverable 3.3 Independent Review of the Appraisal(PDF)
• Ecology Deliverable 3.4 Preliminary Title Report(PDF)
• Ecology Deliverable 3.5 Final Title Report(PDF)
• Ecology Deliverable 3.6 Baseline inventory(PDF)
• Ecology Deliverable 3.7 Deed of Right or Easement(PDF)
• Ecology Deliverable 3.8 Final Conveyance Documents (PDF)
• Summary of work completed(Email)
Task 4 Design Plans and Specifications
This task includes all aspects related to development of the design, as well as project
management and coordination. The task will begin with collecting data to support initial work on
the project, followed by researching water quality BMPs that will meet the project goals; defining
the requirements, parameters, and criteria that will be applied during the project design; and
developing and analyzing alternatives for selection to advance in design. Following alternative
selection, this task also includes developing design documents up to the required 90% Design
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Package, including Plans, Specifications, and Cost Estimate (PS&E), as well as an Ecology
Design Report.
Consultant Services
Task 4A I Stormwater Data Collection
• Collect and review available data and records associated with Randall Park Pond. This is expected to
include:
o GIS data of the Client's stormwater system, basins, other utilities, and physical features
(including LiDAR and aerial imagery)in the project vicinity.
o Maintenance records for Randall Park Pond and any inlet or outlet structures.
o Randall Park Pond outlet flow records or data.
o United States Geological Survey(USGS) StreamStats Application hydrology data.
o Drainage reports and/or as-built record drawings for relevant work completed in the project
vicinity.
o Published local planning documents (e.g.,Yakima Basin Integrated Plan [YBIP], Mid-Yakima
River Basin Bacteria Total Maximum Daily Load [TMDL])
• Develop an inventory of collected data to track what was requested and received,when the data was
published,and whether or how it was used for the project.
• Conduct a basin delineation using the collected data to confirm contributing areas to Randall Park
Pond and proposed BMP locations.
• Develop hydrology of the contributing basins using available data collected as part of this task. This
will consist of developing the water quality design storm distribution using soils, slopes,land cover,
precipitation,and other data collected as part of this task.
Client Responsibilities
• Arrange for site access (if needed)for Consultant Team personnel.
• Provide requested data within two (2)weeks or another mutually agreed-upon timeframe.
Assumptions
• All requested documents, records, and information will be provided in an electronic format and the
data will be accurate and complete.Where data is inaccurate or incomplete,the Consultant will work
with the Client to identify reasonable a reasonable level of effort and/or assumptions to address data
gaps.
• Up to four (4) maps will be developed to document the basin delineation and site hydrology for
the project.The maps will be included in the Design Report(Task 4F).
Deliverables
• Data Request List(Email)
• Draft and Final Inventory of collected data(Excel)
Task 48 I Literature Search
• Conduct a literature review of published research describing the efficacy and potential of water
quality BMPs that will best suit the application and site conditions for this project.This is expected
to include:
o Investigating Ecology-approved treatment BMPs that have demonstrated effectiveness
addressing pollutants regulated by the MS4 Permit(TSS and dissolved metals)and that focus on
identifying which BMPs provide the treatment mechanisms to reduce bacteria loads and promote
infiltration.
o Reviewing other states' stormwater manuals, journal articles, and government reports of BMP
effectiveness related to bacteria removal.
o Developing a synthesis of the literature search in a summary document with descriptions and
graphics describing how the proposed BM Ps could apply to the project,where they could be sited,
and the anticipated benefits they would provide.
• Conduct two meetings to review the findings of the literature search:
o Meet with the Client to review the draft summary together and collect feedback.
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o Meet with Ecology and the Client to discuss the findings of the literature search and gather
feedback.
Client Responsibilities
• Review and provide consolidated feedback for draft deliverables within the agreed-upon schedule.
Assumptions
• Meetings with the Client and Ecology will be held virtually.
• The literature search summary will be up to two (2)pages and written such that it can be included in
the Alternatives Analysis Memo as the basis for how BMPs were selected.
Deliverables
• Literature Search Summary(Word and PDF)
Task 4C I Define Requirements
• Review and develop a summary of project design requirements.This is expected to include:
o Identifying applicable requirements, including criteria, parameters, and assumptions relevant to
the design methodology of the identified stormwater treatment BMPs. The primary design
guidance is expected to be the SWMMEW for this Ecology grant-funded project and City of Yakima
Municipal Code §7.82.100; however, other manuals or guidance (such as the Yakima County
Regional Stormwater Manual, the Yakima County Low Impact Development Stormwater Design
Manual, and the WSDOT Hydraulics Manual for conveyance design) will be reviewed and
included, if necessary,following the results of the literature search.
o Developing a draft summary of the applicable requirements,which will be used in the alternatives
analysis and the design. The draft summary will be provided to the Client for review and
comment.
o Customizing the design requirements summary with any Client comments on the draft.
Customization could include modifying or adding any items that differ from those defined in the
requirements(e.g., using a more stringent design storm,applying a unique site suitability criteria
for the BMPs identified during the literature review). Once finalized,the design requirements will
serve as a guide confirming that the design team,the Client, and Ecology are on the same page
and share a common understanding before the alternatives are developed.
Client Responsibilities
• Review and provide consolidated feedback for draft deliverables within the agreed-upon schedule.
• Identify any current or proposed ordinance revisions that may impact the project requirements or
alternatives development to the Consultant Team.
Assumptions
• Meetings with the Client and Ecology will be held virtually.
• The primary BMP design guidance document will be the Ecology SWMMEW.
Deliverables
• Draft and Final Design Requirements Summary (PDF)
Task 4D I Alternatives Analysis
• Develop up to three (3) BMP alternatives for further refinement and application to the specific
site needs.This is expected to include:
o Assessing and applying site information collected and developed during Task 2 (e.g., on-site soil
suitability,wetland or permitting impacts)and maintenance requirements.
o Calculating preliminary flows expected in the outlet channel,as needed for BMP sizing.
o Developing preliminary sizing of BMPs using calculations or preliminary hydrologic and hydraulic
(H&H) modeling while applying the confirmed project design requirements.
o Developing conceptual construction cost estimates for each alternative.
o Preparing a prioritization rubric to aid in alternative selection. The rubric is expected to include
metrics such as BMP design life, receiving water quality benefit, treatment performance
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effectiveness, maintenance frequency, environmental justice, opportunity for future pollutant
modeling,and cost.
• Conduct site visit to collect data and confirm/document site conditions.
• Collect feedback on the alternatives from interested parties including Ecology and the public.This
is expected to include:
o Developing a memo presenting the alternatives,together with the prioritization rubric,for Client
review and comment.
o Publishing the revised alternatives to collect public feedback during a public comment period.
o Facilitating a collaborative meeting with the Client and Ecology to review the alternatives and
public comments,and to confirm the final alternative selected for design development.
• Prepare quantities and drawings as needed to support JARPA permitting needs.
Client Responsibilities
• Review and provide consolidated feedback for draft deliverables within the agreed-upon schedule.
• Coordinate advertisement of the public comment period and consolidate collected comments.
Assumptions
• The budget includes mileage and travel time for one(1)site visit for two (2)staff to conduct a site visit
for up to 20 hours total.
• The site visit will be timed to coincide with a planned check-in meeting.
• Meetings with the Client and Ecology will be held virtually.
• The Alternatives Analysis Memo will be up to ten(10)pages.
• Figures and/or portions of the Alternatives Analysis Memo will be used for the public comment period.
Additional materials will not be developed.
• The public comment period will be two (2)weeks.
Deliverables
• Draft and Final Alternatives Analysis Memo (Word and PDF)
Task 4E I 30% Design Package
• 30% Design Plans
o Develop a 30%design plan set illustrating the proposed improvements and areas of impact.This
is expected to include:
■ Advancing the selected alternative and incorporating any public comments.
■ Up to six(6) plan sheets, including:
— Two (2) General project sheets (cover, legend and abbreviations, and
construction notes),
— One(1) Existing Conditions Survey Control sheet,
— One(1)Temporary Erosion and Sediment Control (TESC)sheet,
— One(1)Site Plan sheet,and
— One(1)Site Restoration sheet.
o Revising and refining BMP sizing with calculations and/or modeling consistent with the Design
Requirements Summary.
o Identify utilities that may be impacted by proposed improvements.
o Initiate property or right-of way coordination (work described in Task 3).
• 30% Engineer's Opinion of Probable Cost (Cost Estimate)
o Perform quantity takeoffs on the preliminary design developed as part of the 30% Design Plans
to support the construction cost estimate as well as any required permitting documentation
identified in Task 2.
o Develop a 30%construction cost estimate based on quantity takeoffs and researching, reviewing,
and applying available unit costs.
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Client Responsibilities
• Provide a current City title block and any City CAD standards,if applicable.
• Review and provide consolidated feedback for draft deliverables within the agreed-upon schedule.
Assumptions
• Pipe or BMP profiles will not be provided at 30%design.The design and any details will be consistent
with a conceptual level needed to communicate design concepts.
• Any modeling completed for BMP sizing will be using a modeling software allowed per the SWMMEW.
• 30%Plans will be developed following completion of topographic survey and basemap development.
• The Consultant will prepare responses to all Client comments on the 30% Design Package. The
responses will describe how the comment will be addressed as part of the 60%Design Package.There
will be no reissuance of the 30%Design Package.
Deliverables
• 30%Plans (PDF)
• 30%Cost Estimate(Excel and PDF)
• Responses to Client Comments on 30%Design Package(Word or Excel)
Task 4F I 60% Design Package
• 60% Design Plans
o Advance the 30% design plan set to a 60% design level illustrating the proposed improvements.
This is expected to include:
■ Incorporating and addressing Client comments on the 30% Design Package submittal
and advancing the design accordingly. This will include advancing the design with
refinements in modeling and BMP sizing.
■ Revising the plan set to twelve(12) plan sheets,including:
— Three (3) General project sheets (cover, legend and abbreviations, and
construction notes),
— One(1) Existing Conditions Survey Control sheet,
— Two (2)Temporary Erosion and Sediment Control (TESC)sheets,
— Two (2)Site Plan and Profile sheets,
— Two (2) Detail sheets,and
— Two (2)Site Restoration sheets.
o Continue utility and property coordination,as needed,to confirm and address identified conflicts
as the design progresses.
o Conduct site visit to confirm proposed design within site conditions.
• 60% Cost Estimate
o Advance and update the 30%construction cost estimate to a 60%design level.
• Design Report
o Write and develop the project Draft Design Report.This is expected to include:
■ Writing the report to follow current guidance, requirements,and outlines published by
Ecology (at the time of this scope: Appendix L in the State Fiscal Year 2022 Funding
Guidelines for Stormwater Project Deliverables Guidance).
■ Documenting the anticipated water quality benefit(s) provided by the project.
o Facilitate a meeting between the Client and Ecology to provide an overview of the project and
deliverable documents and discuss any questions and/or concerns prior to Ecology beginning its
review.
o Respond to comments from Ecology on the Draft Design Report.This is expected to include:
■ Providing responses to all comments issued by Ecology. This may include facilitating
additional meetings with Ecology to clarify and/or confirm comments are addressed
adequately.
■ Revising the Draft Design Report to address Ecology's comments.
Page 29 76
■ Making the above revisions to a level satisfactory for Ecology to issue an Acceptance
Letter prior to beginning the next phase of design.
o Prepare for and attend meetings with Ecology to discuss design deliverables.
Client Responsibilities
• Review and provide consolidated feedback for draft deliverables within the agreed-upon schedule.
Assumptions
• The Client and Ecology will concurrently review the 60% Design Package.
• The following pertain to the Design Report:
o Ecology's review period will be maximum 45 calendar days.
o A separate Drainage Report will not be required to supplement the Design Report.
o The Design Report will be approximately 20 pages, plus appendices.
o The 60% Plans and Cost Estimate will be adequate to meet the "Preliminary Plan Sheets" and
"Engineer's Opinion of Probable Cost"described in Ecology's Design Deliverables Guidance.
o The Draft Design Report will be submitted to Ecology for review and comment. The Consultant
will address Ecology's comments however the Design Report will not be updated and resubmitted
to Ecology,consistent with grant requirements.A revised Final Design Report will be provided to
the Client as part of the 90% Design Package,for their records.
o This task budget includes two (2) meetings with Ecology for coordination related to the project
design deliverables during review periods. Each meeting is assumed to be virtual and one hour(1
hour) in length,including preparation and developing meeting minutes.
• The 60% Construction Cost Estimate will denote bid items that can be addressed with a standard
specification and those that are anticipated to require a special provision (to be developed as part
of the 90% Design Package).
• The budget includes mileage and travel time for one(1)site visit for two (2)staff to conduct a site visit
for up to 20 hours total.
• The Consultant will prepare responses to all Client comments on the 60% Design Package. The
responses will describe how the comments will be addressed as part of the 90% Design Package.There
will be no reissuance of the 60%Design Package.
Deliverables
• 60%Plans (PDF)
• 60%Cost Estimate(Excel and PDF)
• Ecology Deliverable 4.2 Design Report(Word and PDF)
• Ecology Deliverable 4.3 Responses to Ecology Design Report Comments (Word)
• Responses to Client Comments on 60%Design Package(Word or Excel)
Task 4G I 90% Design Package
• 90% Design Plans
o Advance the 60% design plan set to a 90% design level illustrating the proposed improvements.
This is expected to include:
■ Incorporating and addressing Client comments on the 60% Design Package submittal
and advancing the design accordingly. This will include advancing the design with
refinements in modeling and BMP sizing.
■ Revising the plan set to fifteen (15) plan sheets, including:
— Three (3) General project sheets (cover, legend and abbreviations, and
construction notes),
— One(1) Existing Conditions Survey Control sheet,
— Two (2)Temporary Erosion and Sediment Control (TESC)sheets,
— Two (2)Site Plan and Profile sheets,
— Four(4) Detail sheets, if needed,
— Two (2)Site Restoration sheets,and
Page 30 77
— One(1)Site Restoration Detail sheet.
o Continuing utility and property coordination, as needed, to confirm and address identified
conflicts as the design progresses.
o Prepare for and attend meetings with Ecology to discuss design deliverables.
• 90% Specifications
o Develop project specifications consistent with a 90%design level.
• 90% Cost Estimate
o Advance and update the 60%construction cost estimate to a 90%design level.
• Project Schedule
o Develop a proposed project schedule indicating design and anticipated construction milestones,
as well as Ecology deliverable review times and the grant agreement deadline.
• 90% Design Package Deliverable Memo for Ecology
o Develop a one-page (1-page) memo listing each item required by Ecology as part of the 90%
Design Package Deliverable,and its location (page number)within the packaged Deliverable.
• Design Report
o Revise and finalize the Draft Design Report to reflect advancements made as part of this subtask.
o Confirm water quality benefit calculations (previously completed as part of the Ecology Draft
Design Report)as task work approaches 90% Design Deliverables.
• 90% Design Package Status Memo
o Develop a memo (maximum two [2] pages) describing the status of the 90% Design Documents
and listing specific items to be revised, addressed, or otherwise developed before the Final Bid
Package is completed.
Client Responsibilities
• Review and provide consolidated feedback for draft deliverables within the agreed-upon schedule.
• Provide a Word document of current City Specifications.
Assumptions
• Ecology's Design Report Acceptance Letter must be received prior to beginning the 90% Design
Package.
• The Client and Ecology will concurrently review the 90% Design Package.
• This task budget includes two (2)meetings with Ecology for coordination related to the project design
deliverables during review periods. Each meeting is assumed to be virtual and one hour (1 hour) in
length,including preparation and developing meeting minutes.
• Ecology's review period will be a maximum of 45 calendar days.
• The following pertain to the specifications:
o Specifications will be developed for bid items included in the 90%Cost Estimate.
o Specifications will be written in Washington State Department of Transportation (WSDOT)
format and reference American Public Works Association (APWA) of Washington general
special provisions,where applicable.
o Division 1 specifications will be developed; however, they will not be customized for the
project because of changes that may occur following the 90%Design Deliverable.It is expected
that these details will be addressed between the 90%Design and Final Bid Packages.
o A Draft List Special Provisions will be developed, as necessary, for nonstandard bid items. It
is anticipated that draft content for the listed items will be developed between the 90%Design
and Final Bid Packages.
o Project specifications will include the current version of the two (2) Ecology-required inserts
described in the Stormwater Project Deliverables Guidance ("Stormwater Grant/Loan
Program Bid Specification Clause"and"Stormwater Grant/Loan Program Bid Insert").
Page 31 78
• The 90% Construction Cost Estimate will denote bid items that are addressed with a standard
specification and those that require a special provision.
• All figures will be reduced to 11x17 inches for the 90%Design Package Deliverable.
• The Consultant will prepare responses to all Client comments on the Draft 90% Design Package
and will update the 90% Design Package accordingly and resubmit it as the Final 90% Design
Package. The responses will describe how the comments were addressed as part of the revisions
to the Draft 90% Design Package.
• Once the Ecology Acceptance Letter of the 90% Design Package Deliverable has been secured,the
work will be considered complete. The 90% Design Package Status Memo will be developed
summarizing next steps to be addressed between the 90% Design and Final Bid Packages.
Deliverables
• Ecology Deliverable 4.5 90% Design Package (Draft and Final),to include:
o 90% Plans, stamped, but not sealed, by a Professional Engineer licensed in the State of
Washington(PDF)
o 90%Specifications (Word and PDF)
o 90%Engineer's Opinion of Probable Cost(Cost Estimate) (Excel and PDF)
o Project Schedule (PDF)
o Revised Calculation of Water Quality Benefit(if changed during 90%design) (PDF)
o Ecology Deliverable 4.4 Ecology Design Report Acceptance Letter(PDF)
o 90%Design Package Deliverable Memo (PDF)
• Ecology Deliverable 4.6 Responses to Ecology 90% Design Package Comments (PDF)
• Final Design Report(Word and PDF)
• Responses to Client Comments on 90%Design Package(Word or Excel)
• 90%Design Package Status Memo (Word and PDF)
Task 4H I Project Management, Administration, and Coordination
• General Project Coordination
o Set up and close out the consultant contract.
o Coordinate and manage the project team (including subconsultants) in the successful completion
of the scope of work tasks.
o Prepare and manage the project schedule.
o Develop and manage a project SharePoint site for sharing project documents with the Client.
o Prepare amendments to this contract, if needed.
• Invoicing
o Prepare and electronically submit monthly invoices with attached monthly status reports
describing the following:
■ Services completed during the month
■ Services planned for next month
■ Need for additional information
■ Scope/Schedule/Budget issues,if applicable
■ Schedule update and financial status summary
■ Percent complete for each task
• Monthly Check-In Meetings:
o Prepare for and attend one(1)one-hour monthly check-in meeting.
o The purpose of these meetings is to review the project status with the Client (work completed
since previous meeting),review work planned, provide schedule updates,and collect the Client's
feedback.
o Materials to be developed for these meetings include an agenda, meeting notes, and an action
item list.
o The first meeting will be a two-hour(2-hour) project kick-off meeting with the purpose of:
■ Introducing the Client and Consultant Team Staff,
■ Reviewing the Client's project goals and vision for the project deliverables,
■ Confirming the project schedule,
Page 32 79
■ Defining communication protocols,and
■ Discussing data needed vs. available and developing a plan for transferring data to the
Consultant Team.
Client Responsibilities
• Provide input on the scope,and priority of Tasks,Schedule,and Budget.
• Process payment of invoices within 30 calendar days of invoice.
• Attend all meetings.
• Review and process contract change requests and amendments,if needed.
Assumptions
• The project duration will be up to 23 months, starting after the contract is executed, with all work
completed by June 30,2026.
• Invoices will be in the Consultant Team's standard invoice format,submitted electronically.The budget
assumes 23 invoices and status reports over the project duration. The last invoice will be submitted
on June 30,2026.
• All meeting notes will be in a bulleted format and limited to a summary of the meeting discussion,
decisions made,and action items.
• Monthly status reports will also be used as the check-in meeting agenda.
• Project check-in meeting agendas and meeting notes will be emailed to the Client within a mutually
agreed-upon timeframe before and after the meetings.
• The budget assumes two (2) of the 23 check-in meetings with the Consultant Team Project Manager
will be held in person and the other 21 meetings will be held virtually.The in-person meetings will be
timed to coincide with fieldwork conducted by the Consultant(Tasks 4D and 4F).
• The kick-off meeting is assumed to be virtual and will be attended by the Consultant and all
subconsultants. Subsequent check-in meetings will be led and attended by the Consultant,and will be
attended by subconsultants on an as-needed basis.
Deliverables
• Monthly Progress Reports
• Project Schedule and Updates
• Project Check-In Meeting Agendas,Minutes,and Action Items
Page 33 80
EXHIBIT B
Professional Fees
Project: Randall Park Pond Outlet Water Quality Treatment Design
Client:City of Yakima
Consultant: Evergreen StormH2O
Client Contract No.:SW2634
Contract No.: 24003
Professional Fee
The professional fees are based on the scope of services defined in Exhibit A, rates and
expenses as defined in Exhibit C, and associated assumptions. The professional services are
based on a time and materials basis not to exceed $547,090. Any modifications to the scope or
requests for additional services will be agreed upon prior to proceeding. A fee breakdown is
provided in Table 1.
Table 1.Fee Summary
Fees
Task 1 Grant and Loan Administration (Client managed) $0
Task 2 Cultural and Environmental Review,and Permitting $132,580
Task 3 Easement Acquisition Task $18,820
Task 4 Design Plans and Specifications $395,690
Total $547,090
Page 34 81
EXHIBIT"C"
SCHEDULE OF RATES
Project: Randall Park Pond Outlet Water Quality Treatment Design
Client:City of Yakima
Consultant: Evergreen StormH2O
Client Contract No.:SW2634
Contract No.: 24003
Schedule of Rates
The rates in this document are a companion to the scope of services defined in Exhibit A, professional fees defined in Exhibit B, and associated
assumptions. The fees are based on hourly rates for the periods defined in Table 1.
Table 1.Actuals Not to Exceed(ANTE) Billing Rates
Staff Title Hourly ANTE Rate Through June 30, 2025 Hourly ANTE Rate Through June 30, 2026
Principal-in-Charge $255.00 $267.75
Technical Resource $240.00 $252.00
Project Manager $208.05 $218.45
Senior Engineer $208.05 $218.45
EIT II $118.62 $124.55
EIT I $115.02 $120.77
Stormwater Researcher I $94.50 $99.23
Stormwater Technician $87.00 $91.35
Technical Editor $139.50 $146.48
Financial Controller $135.00 $141.75
Direct expenses shall be reimbursed as defined in Table 2. All expenses, including subconsultants, will be billed at cost plus a 5% markup.
Table 2.Reimbursable Expenses
Expense Reimbursement
Mileage Current Federal Rate
Parking/Tolls At Cost
Page 35 82
Expense Reimbursement
Reproductions At Cost
Shipping/Mailing At Cost
Assumptions
• This schedule of rates and annual increases will be appropriate and within the Consumer Price Index(CPI)Cost of Living Adjustment(COLA).
• New staff additions and promotions will be within the schedule of rates proposed.
• Should contracted work,including amendments,extend beyond the contract end date defined in Exhibit A,a cost modification may be required.
• Evergreen StormH2O's rates automatically adjust on July 1 each year.
Page 36 83
EXHIBIT"D"
PROJECT SCHEDULE
Protect Tank Ids+nlri-yeur Aug-24 Sep-24 Oct-24 Hos-24 Dec-24 Jan-OS Feb-25 M5r-25 Apr-25 May-25 Jun-25
Task 1 I Want Management&Administration
DM Quarterly Progress Report
DI2 Recipient Closeout
Report
Task 21 Cultural and Environmental Review,and Permitting
D2.1 Ecology Cultural Resources Review Form(Draft&Final) agency aew,w F �
D22 Ecology Inadvertent Discovery Plan(Draft&Final) agency Review
Task 2E1.Wetland and Environmental Permitting
D2.3 Draft and Final SEPA Checklist yerJey
Few,.,
D2A Final SEPA Determination
D2.5 Draft and Final Wetland Delineation Summary Report neem.r,
ae wH
Task 2C.Topographic Survey
Field surveying and basemap drafting
Task 2D.Geotechnical Investigation
Project coordination,site recon and project communications
Site Geotechnical investigation,Soil Testing,and Geotechnical Report Mir
Task 31 Easement Acquisition Task
Dal Hazardous Substances Certification and Property Assessment Checklist
D3.2 Appraisal from a State Certified Real Estate Appraiser
D3.3 independent Review of the Appraisal
D3.4 Preliminary Title Report
D3.5 Final Title Report
D3.8 Baseline Inventory
D3.7 Deed of Right or Easement
D3.8 Final Conveyance Documents
Negotiations(3-8 months)
Page 37 84
Project Task Month-year Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Mar-2S Apr-25 May-25 Jun-25
Task4lDesign Plans and Spccilications
testae.Starmwator Data Collection
Data Collection,Basin Delineation,and Hydrology
Peer Review&Literature Search
Task 4C.Define Requirements
Review Standards&Design Requirements
Task 40.Alternatiws Analysis 6111r - - j - -
Concept Design&Cost estimate,Modeling&Calculations
Pvwrc
Summary Memo&Coordinotion
Common
Tack 4E.39-Percent Design Package - -
30%Design&Cast Estimate city
Renew
a. . ,_.e sign•. age
60%Design&Cost Estimate
D4.2 Design ReportD4.3 Responses to Ecology Design Report Comments
Ale 1M=
90%Design&Cost Estimate.Revisions,Status Memos
D4.4 Ecology Design Report Acceptance Letter
D4.5 90%Design Package(Draft and Final)
D4.6 Responses to Ecology 90%Design Package Comments
Task 4H.Project Management,Administration,and Coordination
Project Management,Meetings,Status Reports,Schedule Updates
Page 38 85
Project Task month-year Jul-25 Aug-25 Sep-25 Oct-25 Nov-25 Dec-25 Jan-26 Feb-26 Mar-26 Apr-26 May-26 Jun-26
Task I I Grant Management&Administration
DLI Quarterly Progress Report _ _ ___ _ _
D12 Recipient Closeout Report _ __ ___ __ _ ___
Task 2 I Cultural and Environmental Review.and Permitting
Task 2A.Cultural Resources Assesamrm and Pertnitdng —IIM ___i I11= 110r liIM_______
D2.l Ecology Cultural ROSOUrCes Review Farm Draft&Final __________EM________
D22 Ecology Inadvertent Discovery Plan(Draft&Final) _ __ _— —� —____ _ E
Task 2B.Wetland and Environmental Permitting �1 _ _ =_
D23 Draft and Final SEPA Checklist ----EI---��--------
D2A Final SEPA Determination _�_ ____ __ _ _
D25 Draft and Final Wetland Delineation Summary Report ------E---------•------
Task 2C.TOpograpltic Survey `�__l� �_ IL 41_M�� MI ' d� p�
Field surveying and basemap drafting __II``—ME_______________ __■_
Task 2D.aeotechnical Investigation MI _IMI. ' lIM_ _■ _- i__
Project coordination,site recon and project communications ___ __ _____ ___
Site Geotecbnical lnvectigatian,Sol Testing,and Gaotechnlcal Report _ _ _ __
Task 3I Easement Acquisition Task
D3'Hazardous Substances Certilleotion and Property Assessment Checklist
Dig Appraisal Iron,a State Certified Real Estate Appraiser _ _ _________
Di3 Independent Review of the Appraisal _________________ ______
MA Pretminary Title Report __ __
D3.5 Final Title Report _____ __
D3.6 Baseline Inventory ____ __ ___ _____ ______
D3.7 Deed of Right or Easement
D3.9 Final Conveyance Documents _______ __________
Negotiations(3-6 months) _ ____ __
Page 39 86
Project Took Month-year Jul-25 Aug-25 Sep-25 Oct-25 Nov-25 Dec-25 Jan-26 Fab-26 Mar-26 Apr-26 May-26 Jun-28
Task 41 Design Plans and Specifications
Task 4A.Stermwater Data Collection
Data Collection,Basin Dellneadon,and Hydrology
Peet Review&Literature Search
MI
Review Standards&Design Requirements
Task 40.Alternatives Analysis -
Concept Design&Cost estimate,Modeling&Calculations
Summary Memo&Coordination
Task 4E 30-Percent Design Package 1__ ,.
30%Design&Cost Estimate ■■E
Task 4F.80-Percent Design Package 1 _
80%Design&Cost Estimate 'I
04.2 Design Report Ecology Review-45 Calendar Days a„
D4.3 Responses to Ecology Design Report Comments
Task 4G.90-Percent Design Package
90%Design&Cart Estimate,Revisions,Stutus Memos ____ ''' ''. 1111M1MBillMili _-
D4.4 Ecology De01gn Report Acceptance Letter ___
D4.5 90%Design Package Draft and Final) Ecology Review-45 Calendar Days
D4.6 Responses to Ecology 90%Design Package Comments __ IPM.-
Task 41.4 Project Management,Adlnlnistnatlan,and Coordination IMMI.- AIL
Project Management Meetings,Status Repots,Schedule updates I
Page 40 87
Exhibit E-Flow Monitoring Locations
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y
iso i.,..,.
1144111144.146.
Flow Monitoring Location B 7 , e'
DS end of RPPO Culvert, Z ',�
within ROWJ. -s _
.ilii, :ifitie. - ". 4101111t,_,IVIi7/?"-
1 4--„,p,_
.. ii, ... yl ., ' -t
.1';' *5, ,IP,iltic 144. ;,.; , ,. , ii,
Detailed Stormwater Points v - • -
Q Zoom, - - r',fel ' at° '. ."'' I,
�
AJMhlS_ID 8,424 r +
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Boyar on 7,7Ob56
i Flow Monitoring Location A
M'JC DS of 42nd Ave Outfall,
H piAlato.al Coozrata _• _ 1_ . ; within NHWA parcel
Pomttype DutfaN F:. . / ,
Iact_udood_data 412/2022.2':'I f., - 'i. J'� .�• 'mot s.'' t 'r 9 ,
< r - - i• -. 3
City of Yakima Randall Park Pond Outlet Water Quality Treatment Design Page 1 of 1
Page 41 88
EXHIBIT "F"
WASHINGTON STATE DEPARTMENT OF ECOLOGY
WATER QUALITY COMBINED FUNDING
DEPARTMENT OF INSERT FOR ALL SERVICES FOR
ECOLOGY STATE-FUNDED PROJECTS
State of Washington
The following clauses are suggested to be incorporated into contracts for all services receiving state financial
assistance from the Washington State Department of Ecology's Water Quality Combined Funding Program.
Compliance with State and Local Laws
The services provider (CONTRACTOR) shall assure compliance with all applicable federal, state, and local laws, requirements, and ordinances
as they pertain to the project.
State Interest Exclusion
Partial funding of this project is being provided through the Washington State Department of Ecology. Neither the State of Washington nor any of
its departments or employees are, or shall be, a party to this contract or any subcontract.
Third Party Beneficiary
Partial funding of this project is being provided through the Washington State Department of Ecology. All parties agree that the State of
Washington shall be, and is hereby, named as an express third-party beneficiary of this contract, with full rights as such.
Cost Basis of Contract
No contract may be written for"cost-plus-a-percentage-of-cost" or"percentage of construction cost." The cost basis for this contract must be
cost-reimbursement, unit price, fixed-price, time and materials, or any combination of these four methods.
Funding Recognition
Documents produced under this agreement shall inform the public that the project received financial assistance from the Washington State
Department of Ecology. The Washington State Department of Ecology's logo must be on all signs and documents. Logos will be provided as
needed.
Page 42 89
Accessibility
Public-facing documents produced under this agreement shall be accessible to the RECIPIENT's best ability. This recommendation applies to
all products supplied under the Agreement, providing equal access to information technology by individuals with disabilities, including and
not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic documents intended for
publishing on Ecology's public web site.
Access To the Work Site and To Records
The CONTRACTOR shall provide for access to their records by Washington State Department of Ecology personnel.
The CONTRACTOR shall maintain accurate records and accounts to facilitate the Owner's audit requirements and shall ensure that all
subcontractors maintain auditable records. These records shall be separate and distinct from the CONTRACTOR's other records and accounts.
All such records shall be available to the Owner and to Washington State Department of Ecology for examination. All records pertinent to this
project shall be retained by the CONTRACTOR for a period of three years after the final audit.
Funding Provision
Partial funding of this project is being provided through the Washington State Department of Ecology. In the event that Ecology's
funding from state, federal, or other sources is withdrawn, reduced, or limited in any way, the contract may be amended.
Copyright to Documents
The Department of Ecology retains a copyright to any documents produced and data collected under this agreement. The Department retains a
royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use the data or documents. The Department can
authorize others to use the data or documents for federal, state, or local government purposes.
Page 43 90