HomeMy WebLinkAboutR-2024-184 Resolution authorizing an Agreement with HDR Engineering, Inc. for Professional Engineering and Permitting Services during construction for the Nelson Phase 2 Conveyance Improvements Project IC2010 RESOLUTION NO. R-2024-184
A RESOLUTION authorizing a supplemental agreement with HDR Engineering, Inc. not
to exceed $673,200, to provide construction engineering and permitting
services for the Nelson Dam Removal Project: Water Supply, Fish Passage,
and Riverine Process Phase 2 Conveyance Improvements Project IC2010.
WHEREAS, the City of Yakima previously selected HDR Engineering, Inc. as the
consultant to perform engineering, design and construction services using the procedures
established by the State of Washington and the City of Yakima to select a firm; and
WHEREAS, the City of Yakima entered into contracts with HDR Engineering, Inc. for
the design and construction services for Phase 1 and design of Phase 2 of the Nelson Dam
Removal Project: Water Supply, Fish Passage, and Riverine Process Improvements Project
IC2010, which was authorized by R-2019-055 and R-2021-092; and
WHEREAS, the City of Yakima is in the process of bidding and awarding the
construction contract for the Nelson Dam Removal Project: Water Supply, Fish Passage, and
Riverine Process Phase 2 Conveyance Improvements Project IC2010; and
WHEREAS, the City of Yakima Water/Irrigation Division requires construction
engineering and permitting services for the Nelson Dam Removal Project: Water Supply, Fish
Passage, and Riverine Process Phase 2 Conveyance Improvements Project IC2010; and
WHEREAS, the Scope of Work and Budget included in this agreement meet the
needs and requirements of the City of Yakima for this project; and
WHEREAS, the City Council for the City of Yakima find that entering into
the Agreement with HDR Engineering, Inc. is in the best interest of the City and its
residents; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute a Professional Services
Agreement between the City of Yakima and HDR Engineering, Inc. attached hereto and
incorporated herein by this reference, not to exceed Six Hundred Seventy-Three Thousand
Two Hundred Dollars ($673,200) to provide the Professional Services as described in the
Agreement.
ADOPTED BY THE CITY COUNCIL this 15th day of October, 2024.
•
'PKjMq h Patricia By s, ayor
ATTEST: ; '*'
* SEAL *s
I_ .. ._1/. I lI , il -q
osalinda Ibarra, City Clerk
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
HDR ENGINEERING, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this `,Le day of D cT• , 201, y and
between the City of Yakima, Washington, a municipal corporation with its principal office at 12North
Second Street, Yakima, WA 98901, (hereinafter referred to as "CITY"), and HDR Engineering, Inc. with
its principal office at 929 108th Avenue NE Suite 1300. Bellevue, WA 98004-4787, (hereinafter referred
to as "ENGINEER"); said corporation being licensed and registered to do business in the State of
Washington, and will provide professional engineering and permitting services under this Agreement
for the Nelson Ph. 2 Conveyance Improvements Project No. IC2010 on behalf of the City of Yakima,
herein referred to as the "PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and
construction of the PROJECT, as described in this Agreement and subsequent Amendments thereto; and
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with
knowledge and experience necessary to satisfactorily accomplish the work within the required time and that
it has no conflicts of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and ENGINEER agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1 1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.0.1 ENGINEER agrees to perform those services described hereafter Unless modified in
writing by both parties, duties of ENGINEER shall not be construed to exceed those
services specifically set forth herein.
2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign,
Mike Garello 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 Services" (WORK) which is attached hereto and made a part of this Agreement as if fully set
forth herein.
2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by
ENGINEER can be defined in detail at the time this Agreement is executed, and that additional
WORK related to the Project and not covered in Exhibit A may be needed during performance of
this Agreement. CITY may, at any time, by written order, direct the ENGINEER to revise portions
of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the
PROJECT, or request that the ENGINEER perform additional WORK beyond the scope of the
PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services."
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2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or
time required for, performance of any services under this Agreement, a contract price
and/or completion time adjustment pursuant to this Agreement shall be made and this
Agreement shall be modified in writing and accepted by the parties hereto.
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the ENGINEER according to the provisions set forth in Exhibit B, attached hereto
and incorporated herein by this reference, and if so authorized, shall be considered part of
the PROJECT WORK The ENGINEER shall not perform any Additional Services until so
authorized by CITY and agreed to by the ENGINEER in writing.
2.3 The ENGINEER must assert any claim for adjustment in writing within thirty(30)days from the date
of the ENGINEER's receipt of the written notification of change.
SECTION 3 TERM
3.1 The term of this AGREEMENT shall be for the period of three (3) years from the date of contract
execution.
SECTION 4 CITY'S RESPONSIBILITIES
4.1 CITY-FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the CITY'S
possession relating to the ENGINEER'S services on the PROJECT including information on any
pre-existing conditions known to the CITY that constitute hazardous waste contamination on the
PROJECT site as determined by an authorized regulatory agency
4.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably
accessible to ENGINEER as required for ENGINEER'S performance of its services and will provide
labor and safety equipment as reasonably required by ENGINEER for such access.
4.3 TIMELY REVIEW: The CITY will examine the ENGINEER'S studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor,
accountant, auditor, bond and financial advisors, and other consultants as CITY deems
appropriate; and render in writing decisions required of CITY in a timely manner. Such
examinations and decisions, however, shall not relieve the ENGINEER of any contractual
obligations nor of its duty to render professional services meeting the standards of care applicable
to its profession.
4.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this
Agreement. CITY'S Representative shall have complete authority to transmit instructions and
receive information. ENGINEER shall be entitled to reasonably rely on such instructions made by
the CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall
be responsible for bringing to the attention of the CITY'S Representative any instructions which the
ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER'S
knowledge.
4.5 Any documents, services, and reports provided by the CITY to the ENGINEER are available solely
as additional information to the ENGINEER and will not relieve the ENGINEER of its professional
duties and obligations under this Agreement or at law. The ENGINEER shall be entitled to
reasonably rely upon the accuracy and the completeness of such documents, services and reports,
but shall be responsible for exercising customary professional care in using and reviewing such
documents, services, and reports and drawing conclusions from them
SECTION 5 AUTHORIZATION, PROGRESS,AND COMPLETION
5.1 In signing this Agreement, CITY grants ENGINEER specific authorization to proceed with WORK
described in Exhibit A. The time for completion is defined in Exhibit A, or as amended
SECTION 6 COMPENSATION
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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
613 Professional Subconsultants. Professional Subconsultants are those costs for
engineering, architecture, geotechnical services and similar professional services
approved by the CITY. Reimbursement for Professional Subconsultants will be on the
basis of actual costs billed plus a reasonable markup, not to exceed ten percent(10%)for
services provided to the CITY through this Agreement Estimated Subconsultant costs are
shown in Exhibit B.
6.2 Unless specifically authorized in writing by the CITY,the total budgetary amount for this PROJECT
shall not exceed Six-Hundred Seventy-Three Thousand Two-Hundred Dollars($673,200). The
ENGINEER shall make all reasonable efforts to complete the WORK within the budget and will
keep CITY informed of progress toward that end so that the budget or WORK effort can be adjusted
if found necessary The ENGINEER is not obligated to incur costs beyond the indicated budget,
as may be adjusted, nor is the CITY obligated to pay the ENGINEER beyond these limits. When
any budget has been increased, the ENGINEER'S excess costs expended prior to such increase
will be allowable to the same extent as if such costs had been incurred after the approved increase,
and provided that the City was informed in writing at the time such costs were incurred.
6.3 The ENGINEER shall submit to the City's Representative an invoice each month for payment for
PROJECT services completed through the accounting cut-off day of the previous month. Such
invoices shall be for PROJECT services and WORK performed and costs incurred prior to the date
of the invoice and not covered by previously submitted invoices. The ENGINEER shall submit with
each invoice a summary of time expended on the PROJECT for the current billing period, copies
of subconsultant invoices, and any other supporting materials and details determined necessary
by the City to substantiate the costs incurred. CITY will pay such invoices within thirty(30)days of
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receipt and upon approval of the WORK done and amount billed. CITY will notify the ENGINEER
promptly if any problems are noted with the invoice. CITY may question any item in an invoice,
noting to ENGINEER the questionable item(s) and withholding payment for such item(s). The
ENGINEER may resubmit such item(s) in a subsequent invoice together with additional supporting
information requested.
6.4 If payment is not made within thirty(30)days following receipt of approved invoices, interest on the
unpaid balance shall accrue beginning with the thirty-first (31st) 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,
together with ENGINEER's execution and delivery of a release of all known payment claims against
CITY arising under or by virtue of this Agreement, other than such payment claims, if any, as may
be specifically exempted by the ENGINEER from the operation of the release in stated amounts to
be set forth therein.
6.6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY
of any claims, right, or remedy it may have against the ENGINEER under this Agreement or by law,
nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure or fault
of the ENGINEER to satisfactorily perform the PROJECT WORK as required under this Agreement
SECTION 7 RESPONSIBILITY OF ENGINEER
7.1 The ENGINEER shall be responsible for the professional quality,technical adequacy and accuracy,
timely completion, and the coordination of all plans, designs, drawings, specifications, reports, and
other services furnished by the ENGINEER under this Agreement. The ENGINEER shall, without
additional compensation, correct or review any errors, omissions, or other deficiencies caused by
ENGINEER's negligence in its plans,designs,drawings, specifications, reports,and other services.
The ENGINEER shall perform its WORK according to generally accepted civil engineering
standards of care ordinarily used by members of ENGINEER's profession practicing under the
same or similar circumstances at the same time and in the same locality, and consistent with
achieving the PROJECT WORK within budget, on time, and in compliance with applicable laws,
regulations, and permits.
7.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications, reports,
and incidental WORK or services furnished hereunder shall not in any way relieve the ENGINEER
of responsibility for the technical adequacy, completeness, or accuracy of its WORK and the
PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not be
construed to operate as a waiver of any rights under this Agreement or at law or any cause of action
arising out of the performance of this Agreement.
7.3 In performing WORK and services hereunder, the ENGINEER and its subcontractors,
subconsultants, employees, agents, and representatives shall be acting as independent
contractors and shall not be deemed or construed to be employees or agents of CITY in any manner
whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an officer or employee of
CITY by reason hereof and shall not make any claim, demand, or application to or for any right or
privilege applicable to an officer or employee of CITY. The ENGINEER shall be solely responsible
for any claims for wages or compensation by ENGINEER's employees, agents, and
representatives, including subconsultants and subcontractors, and shall save and hold CITY
harmless therefrom
7.4 INDEMNIFICATION AND HOLD HARMLESS:
a. ENGINEER shall take all necessary precautions in performing the WORK to prevent injury to
persons or property. The ENGINEER agrees to indemnify, defend, and hold harmless the City,
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its elected and appointed officials, officers, employees, and agents, from all liabilities, losses,
damages, and expenses related to all claims, suits, arbitration actions, investigations, and
regulatory or other governmental proceedings arising from the negligence, recklessness, or
willful misconduct of the ENGINEER, or any of ENGINEER's agent(s) or subcontractor(s), in
performance of this Agreement, except for claims caused by the City's sole negligence, active
negligence, or willful misconduct.
b. CITY agrees to indemnify and hold the ENGINEER harmless from loss, cost, or expense of
any kind claimed by third parties, including without limitation such loss, cost, or expense
resulting from injuries to persons or damages to property, caused solely by the negligence
willful misconduct of the CITY, its employees, or agents in connection with the PROJECT.
c Industrial Insurance Act Waiver. It is specifically and expressly understood that the
ENGINEER waives any immunity that may be granted to it under the Washington State
industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification.
ENGINEER's indemnification shall not be limited in any way by any limitation on the amount of
damages, compensation or benefits payable to or by any third party under workers'
compensation acts, disability benefit acts or any other benefits acts or programs. ENGINEER
shall require that its subcontractors, and anyone directly or indirectly employed or hired by
ENGINEER, and anyone for whose acts ENGINEER may be liable in connection with its
performance of this Agreement, comply with the terms of this paragraph, waive any immunity
granted under Title 51 RCW, and assume all potential liability for actions brought by their
respective employees. The Parties acknowledge that they have mutually negotiated this
waiver.
d. If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person
identified above for whom each is liable) is a cause of such third party claim, the loss, cost, or
expense shall be shared between the ENGINEER and the CITY in proportion to their relative
degrees of negligence or willful misconduct and the right of indemnity will apply for such
proportion.
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 an employee of the ENGINEER, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this Agreement shall not be limited in any way by any limitation
on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER
or a subcontractor under workers'or workmens'compensation acts, disability benefit acts, or other
employee benefit acts. The ENGINEER specifically and expressly waives its immunity under the
Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the
ENGINEER and the CITY.
7.6 It is understood that any resident engineering or inspection provided by ENGINEER is for the
purpose of determining compliance with the technical provisions of PROJECT specifications and
does not constitute any form of guarantee or insurance with respect to the performance of a
contractor. ENGINEER does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for contractors' compliance with laws
and regulations. CITY shall use its best efforts to ensure that the construction contract requires
that the contractor(s) indemnify and name CITY, the CITY's and the ENGINEER's officers,
principals, employees, agents, representatives, and engineers as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability.
7.7 ENGINEER shall be solely responsible for and shall pay all taxes, deductions, and assessments,
including but not limited to federal income tax, FICA, social security tax, assessments for
unemployment and industrial injury insurance, and other deductions from income which may be
required by law or assessed against either party as a result of this Agreement. In the event the
City is assessed a tax or assessment as a result of this Agreement, ENGINEER shall pay the same
before it becomes due.
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7 8 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observation, exploration, and investigations
have been made. Because of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect total PROJECT cost and/or
execution. These conditions and cost/execution effects are not the responsibility of the
ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate standard
of professional care, thoroughness and judgment in performing such investigations
7.9 CITY agrees that structures and systems studied, reviewed, analyzed or designed by the
ENGINEER are dependent upon CITY's continued reasonable operation and maintenance of the
project structures and systems in accordance with all permits, laws and regulations that permit the
construction and operation of the structures and systems, including any ENGINEER prepared
operations and maintenance plans. Should CITY fail to reasonably maintain the structures to be in
full compliance with permits, approvals, and operation and maintenance plans, ENGINEER shall
have no liability to CITY, and CITY shall indemnify, release and hold ENGINEER and its employees
harmless from any liability resulting from any direct or consequential damage solely resulting from
such non-compliance, including but not limited to claims made by third-parties against ENGINEER
SECTION 8 PROJECT SCHEDULE AND BUDGET
8.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component
tasks shall be as set forth in this Agreement and attached Exhibits. The project schedule and
performance dates for the individual tasks shall be mutually agreed to by the CITY and the
ENGINEER within fifteen (15)days after execution of this Agreement. The performance dates and
budgets for tasks may be modified only upon written agreement of the parties hereto. The
performance date for tasks and the completion date for the entire PROJECT shall not be extended,
nor the budget increased because of any unwarranted delays attributable to the ENGINEER, but
may be extended or increased by the CITY in the event of a delay caused by special services
requested by the CITY or because of unavoidable delay caused by any governmental action or
other conditions beyond the control of the ENGINEER which could not be reasonably anticipated
or avoided.
8.2 Not later than the tenth(10th)day of each calendar month during the performance of the PROJECT,
the ENGINEER shall submit to the CITY's Representative a copy of the current schedule and a
written narrative description of the WORK accomplished by the ENGINEER and subconsultants on
each task, indicating a good faith estimate of the percentage completion thereof on the last day of
the previous month Additional oral or written reports shall be prepared at the CITY's request for
presentation to other governmental agencies and/or to the public.
SECTION 9 REUSE OF DOCUMENTS
9.1 All internal WORK products of the ENGINEER are instruments or services of this PROJECT. There
shall be no reuse, change, or alteration by the CITY or others acting through or on behalf of the
CITY without written permission of the ENGINEER, which shall not be unreasonably withheld and
will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its officers,
employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs
including, but not limited to, litigation expenses and attorney's fees arising out of or related to such
unauthorized reuse, change, or alteration; provided, however, that the ENGINEER will not be
indemnified for such claims, damages, losses, and costs including, without limitation, litigation
expenses and attorney fees if they were caused by the ENGINEER's own negligent acts or
omissions.
9.2 The ENGINEER agrees that any and all plans, drawings, designs, specifications, computer
programs, technical reports, operating manuals, calculations, notes, and other WORK submitted
or which are specified to be delivered under this Agreement or which are developed or produced
and paid for under this Agreement, whether or not complete, shall be owned by and vested in the
CITY, provided that ENGINEER may retain an archival copy of such materials for its project files
subject to confidential treatment
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9.3 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter
"Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual
Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER
does not grant CITY any right or license to such Intellectual Property.
SECTION 10 AUDIT AND ACCESS TO RECORDS
10.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and other
evidence directly pertinent to performance of the WORK under this Agreement in accordance with
generally accepted accounting principles and practices consistently applied. The CITY, or the
CITY's duly authorized representative, shall have access to such books, records, documents, and
other evidence for inspection, audit, and copying for a period of three 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.
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.
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11.1.1 Commercial General Liability Insurance. Before this Agreement is fully executed by
the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of
commercial liability insurance and commercial umbrella liability insurance with a total
liability limit of the limits required in the policy, subject to minimum limits of Two Million
Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property
damage, and Four Million Dollars ($4,000,000.00) general aggregate. The certificate
shall clearly state who the provider is,the coverage amount,the policy number, and when
the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this Agreement. The policy shall name the CITY, its elected and appointed
officials,officers, agents, employees,and volunteers as additional insureds. The insured
shall not cancel or change the insurance without first giving the CITY thirty(30)calendar
days prior written notice. The insurance shall be with an insurance company or
companies rated A-VII or higher in Best's Guide and admitted in the State of Washington.
11.1.2. Commercial Automobile Liability Insurance.
a If ENGINEER owns any vehicles, before this Agreement is fully executed by the
parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of
commercial automobile liability insurance and commercial umbrella liability insurance
with a total liability limit of the limits required in the policy, subject to minimum limits of
Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury
and property damage. Automobile liability will apply to "Any Auto" and be shown on the
certificate.
b. If ENGINEER does not own any vehicles, only"Non-owned and Hired Automobile
Liability" will be required and may be added to the commercial liability coverage at the
same limits as required in that section of this Agreement,which is Section 10.1.1 entitled
"Commercial General Liability Insurance".
c. Under either situation described above in Section 10.1.2.a. and Section 10.1.2.b.,
the required certificate of insurance shall clearly state who the provider is, the coverage
amount, the policy number, and when the policy and provisions provided are in
effect Said policy shall be in effect for the duration of this Agreement. The policy shall
name the CITY, its elected and appointed officials, officers, agents, employees, and
volunteers as additional insureds. The insured shall not cancel or change the insurance
without first giving the CITY thirty(30)calendar days prior written notice The insurance
shall be with an insurance company or companies rated A-VII or higher in Best's Guide
and admitted in the State of Washington.
11.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
11.1.4. Professional Liability Coverage. Before this Contract is fully executed by the parties,
ENGINEER shall provide the City with a certificate of insurance as proof of professional
liability coverage with a total liability limit of the limits required in the policy, subject to
minimum limits of Two Million Dollars($2,000,000.00) per claim, and Four Million Dollars
($4,000,000.00) aggregate. The certificate shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided are
in effect. Said policy shall be in effect for the duration of this Contract The insured shall
not cancel or change the insurance without first giving the CITY thirty(30)calendar days
prior written notice. The insurance shall be with an insurance company or companies
rated A-VII or higher in Best's Guide. If the policy is written on a claims made basis the
coverage will continue in force for an additional two years after the completion of this
contract.
Failure of either or all of the additional insureds to report a claim under such insurance shall not
prejudice the rights of the CITY, its elected and appointed officials, officers, employees, agents,
and representatives there under. The CITY and the CITY's elected and appointed officials,officers,
principals, employees, representatives, and agents shall have no obligation for payment of
premiums because of being named as additional insureds under such insurance. None of the
policies issued pursuant to the requirements contained herein shall be canceled, allowed to expire,
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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
12 1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract
any portion of the WORK to be performed under this Agreement. However, ENGINEER shall be
considered the Prime Contractor hereunder and shall be the sole point of contact with regard to all
contractual matters arising hereunder, including the performance of WORK and payment of any
and all charges resulting from contractual obligations.
12.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any
substitutions thereof, will be subject to prior approval by CITY, which approval shall not be
unreasonably withheld. Each subcontract shall be subject to review by the CITY's Representative,
if requested, prior to the subconsultant or subcontractor proceeding with the WORK. Such review
shall not constitute an approval as to the legal form or content of such subcontract. The ENGINEER
shall be responsible for the architectural and engineering performance, acts, and omissions of all
persons and firms performing subcontract WORK.
12.3 CITY does not anticipate ENGINEER subcontracting with any additional persons or firms for the
purpose of completing this Agreement.
12.4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK completed
by subconsultants and subcontractors during the preceding month and copies of all invoices
thereto
12.5 If dissatisfied with the background, performance, and/or general methodologies of any
subcontractor, the City may request in writing that the subcontractor be removed. The ENGINEER
shall comply with this request at once and shall not employ the subcontractor for any further WORK
under this Agreement.
SECTION 13 ASSIGNMENT
13.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This
Agreement may not be assigned by CITY or ENGINEER without prior written consent of the other,
which consent will not be unreasonably withheld. The ENGINEER for itself and its heirs, executors,
administrators, successors and assigns, does hereby agree to the full performance of all of the
covenants herein contained upon the part of the ENGINEER It is expressly intended and agreed
that no third party beneficiaries are created by this Agreement, and that the rights and remedies
provided herein shall inure only to the benefit of the parties to this Agreement.
SECTION 14 INTEGRATION
14.1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with respect
to those matters covered herein This Agreement may not be modified or altered except in writing
signed by both parties.
SECTION 15 JURISDICTION AND VENUE
15.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of this
Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void
insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and
effect. Venue for all disputes arising under this Agreement shall lie in a court of competent
jurisdiction in Yakima County, Washington
Page 9
SECTION 16 EQUAL EMPLOYMENT and NONDISCRIMINATION
16.1 During the performance of this Agreement, ENGINEER and ENGINEER's subconsultants and
subcontractors shall not discriminate in violation of any applicable federal, state and/or local law or
regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any
other classification protected under federal, state, or local law This provision shall include but not
be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, selection for training, and the
provision of services under this Agreement. ENGINEER agrees to comply with the applicable
provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and
regulations.
SECTION 17 SUSPENSION OF WORK
17.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement
if unforeseen circumstances beyond CITY's control are interfering with normal progress of the
WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under
this Agreement if unforeseen circumstances beyond ENGINEER's control are interfering with
normal progress of the WORK. ENGINEER may suspend WORK on the PROJECT in the event
CITY does not pay invoices when due, except where otherwise provided by this Agreement. The
time for completion of the WORK shall be extended by the number of days WORK is suspended.
If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to
renegotiation,and both parties are granted the option to terminate WORK on the suspended portion
of Project in accordance with SECTION 18.
SECTION 18 TERMINATION OF WORK
18.1 Either party may terminate this Agreement, in whole or in part, if the other party materially breaches
its obligations under this Agreement and is in default through no fault of the terminating party.
However, no such termination may be effected unless the other party is given: (1) not less than
fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of
intent to terminate; and (2) an opportunity for consultation with the terminating party and for cure
within 15-days after receipt of such notice before termination Notice shall be considered issued
upon receipt by certified mail to the place of business of either party as set forth in this Agreement.
18.2 In addition to termination under subsection 18.1 of this Section, CITY may terminate this Agreement
for its convenience, in whole or in part, provided the ENGINEER is given: (1) not less than fifteen
(15) calendar days written notice delivered by certified mail, return receipt requested, of intent to
terminate; and (2) an opportunity for consultation with CITY before the effective termination date.
18.3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price
pursuant to the Agreement shall be made, but(1) no amount shall be allowed for anticipated profit
on unperformed services or other WORK, and (2) any payment due to the ENGINEER at the time
of termination may be adjusted to the extent of any additional costs or damages CITY has incurred,
or is likely to incur, because of the ENGINEER'S breach. In such event, CITY shall consider the
amount of WORK originally required which was satisfactorily completed to date of termination,
whether that WORK is in a form or of a type which is usable and suitable to CITY at the date of
termination and the cost to CITY of completing the WORK itself or of employing another firm to
complete it. Under no circumstances shall payments made under this provision exceed the contract
price. In the event of default, the ENGINEER agrees to pay CITY for any and all damages, costs,
and expenses whether directly, indirectly, or consequentially caused by said default. This provision
shall not preclude CITY from filing claims and/or commencing litigation to secure compensation for
damages incurred beyond that covered by contract retainage or other withheld payments
18 4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience,
the adjustment pursuant to the Agreement shall include payment for services satisfactorily
performed to the date of termination, in addition to termination settlement costs the ENGINEER
Page 10
reasonably incurs relating to commitments which had become firm before the termination, unless
CITY determines to assume said commitments.
18.5 Upon receipt of a termination notice under subsections 18.1 or 18.2 above, the ENGINEER shall
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to CITY all originals of data, drawings, specifications, calculations,
reports, estimates, summaries, and such other information, documents, and materials as the
ENGINEER or its subconsultants may have accumulated or prepared in performing this Agreement,
whether completed or in progress, with the ENGINEER retaining copies of the same.
18.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK
to completion utilizing other qualified firms or individuals; provided, the ENGINEER shall have no
responsibility to prosecute further WORK thereon.
18.7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined
that the ENGINEER has not so failed, the termination shall be deemed to have been effected for
the convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be
determined as set forth in subparagraph 18.4 of this Section.
18 8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the
ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its
obligations to complete performance under this Agreement without the concurrence and written
approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment
shall be made as set forth in subparagraph 18.3 of this Section.
SECTION 19 DISPUTE RESOLUTION
19.1 In the event that any dispute shall arise as to the interpretation or performance of this Agreement,
or in the event of a notice of default as to whether such default does constitute a breach of the
contract, and if the parties hereto cannot mutually settle such differences,then the parties shall first
pursue mediation as a means to resolve the dispute. If neither of the afore mentioned methods are
successful then any dispute relating to this Agreement shall be decided in the courts of Yakima
County, Washington in accordance with SECTION 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 to the place of business set forth below.
CITY: City of Yakima
129 N 2nd Street
Yakima, WA 98901
Attn: Mike Shane
ENGINEER: HDR Engineering, Inc.
4717 97th Street
Gig Harbor, WA 98322
Attn: Mike Garello
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
Page 11
proper facilities, and/or send copies of the requested documents to the City ENGINEER's records
relating to the WORK will be provided to the City upon the City's request.
21.2 ENGINEER shall promptly furnish the City with such information and records which are related to
the WORK of this Agreement as may be requested by the City. Until the expiration of six(6)years
after final payment of the compensation payable under this Agreement, or for a longer period if
required by law or by the Washington Secretary of State's record retention schedule, ENGINEER
shall retain and provide the City access to (and the City shall have the right to examine, audit and
copy) all of ENGINEER's books, documents, papers and records which are related to the WORK
performed by ENGINEER under this Agreement. Prior to converting any paper records to
electronic format and/or destroying any records, ENGINEER shall contact CITY's Records
Administrator (509-575-6037) to discuss retention. In no event shall any record relating to the
WORK be destroyed without CITY consultation.
21.3 All records relating to ENGINEER's services under this Agreement must be made available to the
City, and the records relating to the WORK are City of Yakima records. They must be produced to
third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW,
or by law. All records relating to ENGINEER's services under this Agreement must be retained by
ENGINEER for the minimum period of time required pursuant to the Washington Secretary of
State's records retention schedule.
21.4 The terms of this section shall survive any expiration or termination of this Agreement.
SECTION 22 COMPLIANCE WITH THE LAW
22.1 ENGINEER agrees to perform all WORK under and pursuant to this Agreement in full compliance
with any and all applicable laws, rules, and regulations adopted or promulgated by any
governmental agency or regulatory body, whether federal, state, local, or otherwise, including
policies adopted by the City, as those laws, ordinances, rules, regulations, and policies now exist
or may hereafter be amended or enacted. ENGINEER shall procure and have all applicable and
necessary permits, licenses and approvals of any federal, state, and local government or
governmental authority or this project, pay all charges and fees, and give all notices necessary and
incidental to the due and lawful execution of the work
22.2 ENGINEER shall procure and have all applicable and necessary permits, licenses and approvals
of any federal, state, and local government or governmental authority or this project, pay all charges
and fees, and give all notices necessary and incidental to the due and lawful execution of its work.
a. Procurement of a City Business License. ENGINEER must procure a City of Yakima Business
License and pay all charges, fees, and taxes associated with said license.
b. ENGINEER must provide proof of a valid Washington department of Revenue state excise tax
registration number, as required in Title 85 RCW.
c ENGINEER must provide proof of a valid Washington Unified Business Identification (UBI)
number. ENGINEER must have a current UBI number and not be disqualified from bidding
on any public works contract under RCW 39.06.101 or 36.12.065(3).
d. ENGINEER must provide proof of a valid Washington Employment Security Department
number as required by Title 50 RCW.
e. Foreign (Non-Washington) Corporations: Although the City does not require foreign corporate
proposers to qualify in the City, County or State prior to submitting a proposal, it is specifically
understood and agreed that any such corporation will promptly take all necessary measures to
become authorized to conduct business in the City of Yakima, at their own expense, without
regard to whether such corporation is actually awarded the contract, and in the event that the
award is made, prior to conducting any business in the City.
SECTION 23 MISCELLANEOUS PROVISIONS
23.1 Nondiscrimination. During the performance of this Agreement, the ENGINEER agrees as follows:
The ENGINEER shall not discriminate against any person on the grounds of race, creed, color,
religion, national origin, sex, age, marital status, sexual orientation, gender identity, pregnancy,
Page 12
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, as well as previous agreements per resolution R-
2019-055 and R-2021-092, this Scope of Scope of Work, conditions, addenda, and modifications
and ENGINEER's proposal (to the extent consistent with Yakima City documents) constitute the
Agreement Documents and are complementary. Specific Federal and State laws and the terms of
this Agreement, in that order respectively, supersede other inconsistent provisions. These
Agreement Documents are on file in the Office of the Purchasing Manager, 129 No.2nd St.,Yakima,
WA, 98901, and are hereby incorporated by reference into this Agreement.
23.5 Notice of change in financial condition. If, during this Agreement, the ENGINEER experiences a
change in its financial condition that may affect its ability to perform under the Agreement, or
experiences a change of ownership or control, the ENGINEER shall immediately notify the City in
writing. Failure to notify the City of such a change in financial condition or change of ownership or
control shall be sufficient grounds for termination.
23.6 No conflicts of interest. ENGINEER represents that it or its employees do not have any interest
and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner
or degree with the performance of this Agreement. ENGINEER further covenants that it will not
hire anyone or any entity having such a conflict of interest during the performance of this
Agreement.
23.7 Promotional advertising prohibited. Reference to or use of the City, any of its departments,
agencies or other subunits, or any official or employee for commercial promotion is prohibited.
News releases pertaining to this procurement shall not be made without prior approval of the City.
Release of broadcast emails pertaining to this procurement shall not be made without prior written
authorization of the City.
23.8 Time is of the essence. Timely provision of the WORK required under this Agreement shall be of
the essence of the Agreement, including the provision of the WORK within the time agreed or on a
date specified herein.
23 9 Waiver of breach. A waiver by either party hereto of a breach of the other party hereto of any
covenant or condition of this Agreement shall not impair the right of the party not in default to avail
itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon
strict performance of any agreement, covenant or condition of this Agreement, or to exercise any
right herein given in any one or more instances, shall not be construed as a waiver or
relinquishment of any such agreement, covenant, condition or right.
Page 13
23.10 Force Majeure. ENGINEER will not be responsible for delays in delivery due to acts of God, fire,
strikes, riots, delay in transportation, or those effects of quarantine restrictions, epidemics or
pandemics that could not have been reasonably anticipated or mitigated through acts of the
ENGINEER; provided ENGINEER notifies the City immediately in writing of such pending or actual
delay Normally in the event of such delays, the date of delivery of WORK will be extended for a
period of time equal to the time lost due to the reason for delay.
23 11 Authority. The person executing this Agreement on behalf of ENGINEER represents and warrants
that they have been fully authorized by ENGINEER to execute this Agreement on its behalf and to
legally bind ENGINEER to all terms, performances, and provisions of this Agreement.
23 12 Survival. The foregoing sections of this Agreement, inclusive, shall survive the expiration or
termination of this Agreement, in accordance with their terms.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their respective
authorized officers or representatives as of the day and year first above written.
CIT AKIMA HDR ENGINEERING, INC.
Signature Signatu
Printed Name:. Victoria Baker Printed Name: Olivia Williams
Title: City Manager Title: Vice President
11 Date: A • • Date: (0/ (2
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Attest 1 i.1( .. ! ,ii_1 A t•'•�*�•
iyClerk '* SEAI : *0
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RESOD,;`r �O✓ ^'
List of Exhibits attached to this contract
Exhibit A—Scope of Work
Exhibit B— Professional Fee
Exhibit C—Schedule of Rates
Page 14
STATE OF WASHINGTON
ss
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that 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: Ce —t)1( 1)2/
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(Signature)
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Page 15
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA ) 1 A.\
I certify that I know or have satisfactory evidence that 1W.G. W.`� airrtc is the person who
appeared before me, and said person acknowledged tha he/she signed this instrument, n oath stated that
he/she was authorized to execute the instrument, and acknowledged it as the \I it,Q.yces;&.4+" of
Uti ti ,(\MA to be the free and voluntary act of such party for the uses and purposes
mentioned in tine instrut
Dated: Iol$I'Lfl'-4
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Page 16
EXHIBIT A
Scope of Services
Implementation
The project is intended to be constructed using a sectional contracting strategy and will be executed by the
City of Yakima (City and CITY) as funding is available ENGINEER has prepared as part of our previous
contract a single, complete set of construction documents that includes Sectional Contract 2A, 2B, and 2C.
Contract 2A is proceeding in late 2024 Contract 2B and Contract 2C are additional services that will
proceed as funding becomes available. Although the exact implementation of work may be modified as
construction moves forward, the current contracting strategy is based upon a process slightly longer than
2-years as described in Table 1.
Table 1.Work packages for Nelson Dam Removal Phase 2: Contract 2A and potential contracts 2B
and 2C as funding is available.
• General pipeline and October 7, 2024 through Currently funded
portions of the December 31, 2025
Consolidated pipeline
originating from the
diversion structure to the
south end of the existing
City sedimentation pond
• Municipal drain at the
existing City sedimentation
pond
• Portions of Consolidated October 1, 2025 through Funding awarded,
pipeline to US 12 December 31, 2026 but available at a
eastbound offramp. future date
• Remainder of Consolidated October 1, 2025 through Funding pending
pipeline December 31, 2026 selection and award
• Fruitvale turnout branch,
by grant agencies.
valving, and structure.
• Old Union turnout branch,
valving, and structure
• Electrical, instrumentation,
control updates, and
• integration into existing
control panel at Phase 1
• utility building
This sectional approach allows for utilization of existing funding opportunities with Washington State
Department of Ecology (Ecology) for Contract 2A and subsequent implementation of additional project
components (Contract 2B and 2C) as additional funding becomes available. At this time, it is anticipated
that at least three funding sources will become available within the next two years of project implementation.
Given the above approach, the tasks for design and associated level of effort are established with the
assumption that there is one set of construction documents that includes the anticipated work for Contracts
2A, 2B, and 2C to be executed by the C.
Engineering services provided to the City will follow this sectional strategy approach. The scope of services
presented herein includes the anticipated services, deliverables, and assumptions for each sectional
contract (2A, 2B, and 2C). It is anticipated that the contracted fee will be authorized by the City to
ENGINEER on the following basis and summarized in Table 2:
Page 17
• Tasks 2, 5 5, 6, and 7— 100% authorized upon execution of contract
• Tasks 1, 5 2, 5.3, and 5.4 - 50% authorized upon execution of Contract 2A scope of work with
contractor
• Tasks 1, 5.2, 5.3, and 5.4 -25% authorized upon execution of Contract 2B scope of work with
contractor
• Tasks 1, 5.2, 5.3, and 5.4-25% authorized upon execution of Contract 2C scope of work
contractor
Table 2. Summary of anticipated contract fee by sectional project phase.
Task Description Total Initial Contract Contract
Estimated Contract 2A Supplement 2B Supplement 2C
Fee
Task 1 Project Management and $90,190 $45,095 $22,548 $22,548
Administration
Task 2 Design Documentation Report $44,339 $44,339 $0 $0
Task 3 100%Construction $0 $0 $0 $0
Documentation
Task 4 Preparation of Final Bid $0 $0 $0 $0
Documents
Task 5 Engineering Services During
Construction
Task 5.1 Bid Support Services $0 $0 $0 $0
Task 5.2 Engineering Services During $610,170 $305,085 $152,543 $152,543
Construction
Task 5.3 On-Site Engineering $112,867 $56,434 $28,217 $28,217
Observation
Task 5.4 Start-Up and Commissioning $112,791 $28,198 $28,198 $56,396
Task 5.5 Construction Close-Out and $100,912 $50,456 $0 $0
O&M Manual
Task 6 Real Estate Support $72,849 $72,849 $0 $0
Task 7 Permitting Support $70,744 $70,744 $0 $0
Total Fee by Contract or Supplement $1,214,862 $673,200 $231,506 $259,704
Schedule Assumptions
• The services described in this scope of services are expected to occur from October 2024
through December 2026 (approximately 27 months).
o The City initiated construction Contract 2A on October 7, 2024
o The City will initiate Contract 2B and/or 2C on or before October 1, 2025.
• Execution of the Nelson Dam Removal Phase 2 construction Contract 2A work occurred on
October 2, 2024 NTP for Contract 2A was provided to the construction contractor on October
7, 2024.
• Major deliverable milestones are provided as follows:
o Invoices and progress reports: Monthly throughout the duration of construction
o Draft Design Documentation Report: March 2026
o Final Design Documentation Report. June 2026
o Draft Revised Operations Manual April 2026
o Final Revised Operations Manual August 2026
• Regulatory approvals are dependent on factors outside of the ENGINEER's control and may
alter the proposed schedule.
• Work scheduled and completed by the construction contractor is outside the ENGINEER's
control and may alter the proposed schedule.
Page 18
Project Participants
• City of Yakima (City and CITY)
• Yakima County Flood Zone Control District(County)
• Yakima County Public Works (County Inspector)
• ENGINEER (consultant team comprised primarily of HDR Engineering, Inc. and HLA
Engineering and Land Surveying, Inc (HLA) as local licensed land surveyor).
• Washington Department of Fish and Wildlife (WDFW)
• National Ocean and Atmospheric Administration (NOAA)
• Washington State Department of Transportation (WSDOT)
Companion Projects Influencing Project Needs and Benefits
The CITY, Yakima County, and the WSDOT are collaborating on a companion project effort called the
Naches-Cowiche Flood Risk Reduction and Floodplain Restoration Project(Companion Project) The
Companion Project includes the coordinated design of a series of interrelated flood hazard reduction
and floodplain and habitat restoration actions downstream of the Project. The Companion Project
includes planning, design, and permitting related to:
• Two longer-span bridges (West Powerhouse Road and Highway 12);
• A reconfigured alignment for over 2000 feet of Cowiche Creek above and below Hwy 12 that
will increase flood conveyance, improve floodplain connectivity, and restore habitats for
native threatened and endangered species;
• 900 feet of levee setback on the right bank of Cowiche Creek between Highway 12 and
Powerhouse Road that will provide protection to the City to at least the 1% annual chance
flood event;
• Improved aquatic and riparian habitats and floodplain connectivity on over 6,000 feet of the
Naches River.
The Nelson Dam Phase 2 design has been completed in coordination with the County's design
documentation for the relevant portions of this project. It is anticipated that this will result in additional
cost-effectiveness for both projects, particularly as it pertains to design, permitting, and construction
sequencing.
Task 1.0 - Project Management and Administration
Objective
• Initiate internal project management communications and controls to monitor scope,
schedule, budget, and quality.
• Carry out regular administrative activities, provide guidance, and coordinate multi-disciplinary
integration of the project team.
ENGINEER Services
1. Maintain the existing OneDrive shared file directory for use by the project team.
2. Prepare a Project Management Plan outlining the project scope, team organization, schedule,
and communications information for use by the project team.
3. Regularly coordinate and guide day-to-day project activities.
4. Prepare Project specific Health and Safety plan, as well as Job Hazard Assessments (JHAs)for
site visits.
5. Subcontract with and manage project subconsultants (HLA).
6. Perform regular schedule updates and financial status summaries to track and guide budget
expenditures.
Page 19
7. Prepare monthly ENGINEER invoices formatted in accordance with contract terms
8. Prepare monthly status reports describing the following:
a. Services accomplished during the invoicing period
b. Needs for additional information
c. Current known items that may influence scope, schedule, or budget
CITY Responsibilities
• Coordinate with the County to help maintain open communication and active communication
among the project management team.
Assumptions
• The project duration is anticipated to be 27 months.
• Given that the duration of the contract is to be completed throughout the duration of
construction, project management meetings are assumed to occur at the same time as the
internal weekly construction meetings outlined in Task 5 2
• ENGINEER invoices and progress reports will be prepared monthly and formatted in
ENGINEER standard invoice format.
Deliverables
• Project management plan.
• Electronic copies of monthly progress reports and invoices.
• Overall project schedule and schedule revisions.
Task 2.0 - Design Documentation Report
Objective
• Update the existing Design Documentation Report (DDR)with final design approach,
methods, descriptions, and calculations for final configuration of constructed Phase II project
elements.
• Phase II project elements will be updated in the existing 90% Phase 1 DDR.
ENGINEER Services
1 Prepare and submit a 95% and Final DDR for review by the CITY.
CITY Responsibilities
• Coordinate timely documentation review and provide no more than two sets of comments to
ENGINEER within 14 days of submission for incorporation at the 95% and Final DDR.
Assumptions
• ENGINEER will incorporate the Nelson Dam Removal Phase 2 project elements into the
existing 90% DDR prepared as part of the previous Nelson Dam Removal Phase I project
design activities completed by ENGINEER and CITY in 2022.
• ENGINEER will track, respond to, and incorporate comments received, as appropriate, on the
95% and Final Design Documentation Report.
• For budgetary purposes, it is assumed that the DDR will include a body of approximately 150
to 200 pages, and it is anticipated that up to eight(8)Appendices will be included as part of
the report.
• The Final DDR will be sealed and signed by the responsible engineers licensed in the State
of Washington.
• The Final DDR will be provided at the end of Phase II, defined to be the latter of construction
contract 2A, 2B, or 2C as authorized by the CITY.
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Deliverables
• Electronic .pdf and MS Word copy of the 95% and Final DDR
Task 3.0— 100% Construction Documentation
This task is 100% complete and has been removed from the scope of services
Task 4.0 - Preparation of Final Bid Documents
This task is 100% complete and has been removed from the scope of services.
Task 5.0 — Engineering Services During Construction
Tasks 5.1 through 5.5 provide the anticipated engineering services to be provided throughout the Phase II
construction period which is scheduled to be completed by December 2026.
Task 5.1 - Bid Support Services
This task is 100% complete and has been removed from the scope of services.
Task 5.2 - Engineering Services During Construction
Objective
• ENGINEER will provide a Project Manager, Construction Contract Lead, and additional
technical and support staff to administer the construction contract on behalf of the CITY.
ENGINEER will administer the contract in accordance with the terms and conditions of the
EJCDC Construction Contract and EJCDC General Conditions. Regular communication with
the CITY and County construction management team will occur through multiple means to
communicate construction progress, address construction related issues, and administer the
terms of the construction contract as described herein.
ENGINEER Services
1. Schedule of Values Review: Review Contractor's Schedule of Values (cost breakdown) prior to
construction by performing comparison to Engineer's Opinion of Probable Construction Cost and
to establish a reasonably balanced distribution of costs to the various elements of the total
construction to serve as a basis for progress payments and determination of cost impact of
changes.
2. Submittal Review: Review shop drawings, diagrams, illustrations, catalog data, schedules and
samples, the results of tests and inspections, and other data which the Contractor is required to
submit as part of the contract. These shall be reviewed for conformance to the design intent of
the Project and for compliance with the information given in the Contract Documents.
3. Request for Information/Interpretation (RFI): Provide responses to questions by the Contractor on
the drawings, specifications, or other Contract document.
4 Change Orders. Provide coordination and review to identify the need for minor changes in the
Work consistent with the design intent which do not require a change in Contract Time or
Contract Price, changes to Work consistent with the design intent which require changes in
Contract Price and/or Contract Time; or provide a directive to Contractor when fair and
reasonable pricing for a change item cannot be negotiated or when a change item is critical to
project schedule. Review and negotiate Contract Price and/or Contract Time with Contractor.
Coordinate the combining of change documentation into Change Orders for execution by
Contractor and CITY.
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5. Contractor's Application for Payment Review and Processing: Review draft application for
payment in comparison to progress of the work Make notations of deficient work not
recommended for payment until corrected; deletion of payment for stored materials and/or
equipment which do not have approved shop drawings and/or proper invoices; reduction of value
for partially completed items claimed as complete Execute completed applications for payment
indicating amount recommended for payment and transmit to the CITY of Yakima for processing
of payment.
6. Contractor's Baseline Schedule and Updates Review. Review Contractor's Baseline Schedule in
accordance with Contract Documents. Review Contractor's monthly schedule updates in
accordance with Contract Documents. Provide comments to Contractor through the Shop
Drawing process.
7. Contract Administration Meetings
a. Pre-Construction Conference. Prepare for and facilitate an in-person Pre-Construction
Conference with the CITY, Yakima County, Irrigation Companies, all available agencies
and the Contractor. The purpose of this Conference is to establish a working
understanding among parties as to the Work, discuss the construction schedule and
activities, discuss site logistical constraints and approaches to good communication,
discuss requirements of the permits and environmental protection during the construction
contractor's work, discuss the schedule of submittals, discuss the schedule of values,
discuss procedures for handling shop drawings and other submittals, discuss procedures
for processing applications for payment, discuss requirements for maintaining records,
discuss impacts to existing utilities, and discuss other requirements of the Contract
Documents.
b. Dewatering and Temporary Stream Diversion Conference: Prepare for and facilitate
virtual conference prior to initiating in-channel construction. The purpose of the
conference will be to reiterate the requirements of in-water work as prescribed in permit
documents, and to provide additional information to the Contractor regarding anticipated
hydraulic conditions and compliance with environmental permits.
c. Weekly Construction Progress Meetings. Attend weekly on-site construction meetings
between October 2024 through April 2026 with representatives from the Contractor,
CITY, and County construction team to assist in facilitating construction progress.
Contractor will present their rolling 3-week look-ahead schedule, discussion of topics
related to active construction activities, a review of open and pending RFIs, submittals,
field orders, and change orders, and other related topics related to the immediate
progress of the construction.
d. Internal Weekly Construction Progress Meetings: Coordinate and facilitate weekly virtual
construction meetings between October 2024 through April 2026 with representatives
from the CITY and County construction team to assist in facilitating construction
progress. Discussion topics will include review of construction progress, open and
pending RFIs, submittals, field orders, and change orders, and other related topics
related to the immediate progress of the construction.
e. Technical Coordination Meetings Coordinate, facilitate, and/or attend impromptu
meetings required to address ongoing construction related topics with the CITY, County,
and/or Contractor.
8 Document Management System: Maintain an electronic Document Management System (DMS)
for receiving, logging, and tracking project electronic files using the Newforma database platform.
Electronic files to be included but not limited to daily field reports, digital photographs, contractor
payment certifications, submittals, RFIs, schedules, Field Orders, Change Proposal Requests,
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Work Change Directives, Change Orders, and correspondence between Consultant, Contractor,
utility companies/agencies, other parties, County, and CITY.
CITY Responsibilities
• CITY Project Manager and/or CITY representatives, as designated, will attend site visits,
conferences, meetings, field observations, etc. as needed or as desired to monitor
completion of CITY project objectives
• Attend initial construction conferences, design and construction progress and other job-
related meetings, and Substantial Completion and final payment inspections.
• Provide, as required for the Project.
o Accounting, bond and financial advisory, and insurance counseling services.
o Legal services regarding issues pertaining to the Project as the CITY requires, the
Contractor raises, or ENGINEER reasonably requests
o Auditing services as the required by the CITY.
Assumptions
The level of effort is based upon a time and materials budget, as authorized/requested by the CITY and
with the following assumptions:
• The construction duration is assumed to be from approximately October 2024 through April
2026.
• Correspondence relating to the review and response of Submittals, RFIs, Change Orders,
Schedules, Application for Payment, will be performed electronically through the DMS.
o ENGINEER Team, CITY, County, and Contractor will be provided access to
ENGINEER's Newforma Document Management System.
o ENGINEER Team will not maintain a hard copy of documentation in addition to the
Document Management System.
o For budgetary purposes, it is assumed that it will take an average of four(4) hours per
week of administrative time to maintain the DMS.
• ENGINEER Team Staff
o Construction engineering services requires the participation of multiple engineering
disciplines and design engineers. Specific ENGINEER team members providing services
related to this task will vary as appropriate up to the budget allocated for this task.
Estimated level of effort and associated budget is described in the document reviews
provided below.
• Submittal Review
o Contractor will prepare a listing of submittals and dates of expected submittal,
coordinated with supply contract schedules to allow adequate time for review,
resubmittal, and review to meet the construction schedule
o It is assumed that up to 80 submittals will require administration, review, and response
development at an average budget of 3-hours per submittal spread between multiple
ENGINEER disciplines.
o ENGINEER will coordinate participation and external reviews with representatives from
the CITY and County when required.
• Request for Information
o It is assumed that up to 35 RFIs will require administration, review, and response
development at an average budget of 3-hours per RFI spread between multiple
ENGINEER disciplines.
o ENGINEER will coordinate participation and external reviews with representatives from
the CITY and County when required.
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o Actual review and response time may vary depending upon clarity and complexity of the
RFI.
• Change Proposal Requests
o Negotiations between ENGINEER and Contractor are not binding until accepted by
the CITY
o The fee for this sub-task is based upon preparing, processing, and negotiating pricing
of seven (7) Change Proposal Requests.
o Actual preparation, processing, and negotiating time may vary depending upon the
complexity of the Change Proposal Request. It is estimated that, on average, it will
take 6 hours of ENGINEER team member time to prepare, process, and negotiate
pricing for each Change Proposal Request.
• Work Change Directives
o The fee for this task is based upon preparing and processing five (5) Work Change
Directives
o Actual preparation, processing, and review time may vary depending upon the
complexity of the Work Change Directive. On average, it is estimated that it will take
6 hours of ENGINEER team member time to prepare, process, and review each
Work Change Directive.
• Change Orders
o CITY has the sole responsibility to authorize any changes to the construction
contract.
o The fee for this task is based upon preparing and processing five (5) Change Orders.
Actual preparation and processing response time may vary depending upon the
complexity of the Change Order. It is estimated that, on average, it will take 6 hours
of ENGINEER team member time to prepare and process each Change Order.
o CITY will provide ENGINEER with copies of the fully executed Change Order after
signed by CITY and Contractor.
• Field Orders
o Field Orders may be generated from responses to RFIs, design changes, Contractor
initiated changes, CITY initiated changes, or unanticipated conditions.
o The fee for this task is based upon preparing and processing seven (7) Field Orders.
o Actual preparation and processing time may vary depending upon the complexity of
the Field Order It is estimated that, on average, it will take 3 hours of ENGINEER
team member time to prepare and process each Field Order.
• ENGINEER has not included budget to review hazardous material issues. Additional budget
may be required should they arise during construction.
• Contractor's Application for Payment Review
o The draft and final payment application requests will be submitted by Contractor each
month on days agreed upon to meet the CITY's payment processing schedule.
o ENGINEER's recommendations for payment can be modified until final payment is
approved and authorized by the CITY
o Up to 27 payment applications will be reviewed by ENGINEER.
o For purposes of estimating, it is assumed that each payment application will take 3 hours
to review and process.
o CITY will collect certified payroll information from Contractor and conduct payroll
interviews if required.
• Construction Administration Meetings
o Pre-Construction Conference
- ENGINEER will coordinate, facilitate, prepare agenda and meeting notes.
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— Budget assumes up to three (3) ENGINEER team members attending one
(1) in-person, three (3)-hour meeting in Yakima, WA.
— Budget includes travel expenses.
o Dewatenng and Temporary Stream Diversion Meetings
— ENGINEER will coordinate and facilitate up to two (2) virtual and one (1) on-
site meeting.
— Each meeting will be 1.5 hours in length. The on-site meeting will be at the
project location in Yakima, WA and will include travel time and expenses.
— Budget assumes up to four(4) ENGINEER team members spread between
different disciplines for each meeting.
o Weekly Construction Progress Meetings
— Construction Contractor will coordinate and facilitate up to 108, one (1)-hour
meetings
— ENGINEER budget assumes that at least one (1) staff member will attend in-
person for each meeting, and up to three (3)will attend virtually.
— Budget includes travel expenses from Ellensburg to Yakima for 108
meetings.
o Internal Weekly Construction Progress Meetings
— ENGINEER will coordinate, prepare agenda, and record meeting notes for up
to 108, one (1)-hour, virtual meetings.
— ENGINEER budget assumes that up to four(4) staff will attend each
meeting.
o Technical Coordination Meetings
ENGINEER will attend general technical coordination meetings on an
impromptu basis up to an allocated budget.
— ENGINEER budget assumes that up to three (3) ENGINEER staff will attend
up to 25 additional one (1)-hr meetings
— Meetings are assumed to be virtual, and no travel expenses are included.
— Additional on-site engineering and observation services is included as part of
Task 5.3.
• CITY has the sole responsibility to authorize changes to the construction contract. CITY will
provide ENGINEER team with copies of fully executed Change Orders after signed by CITY
and Contractor.
• Additional or extended services will be provided under a future Contract Supplemental
Agreement during construction, if necessary, do to circumstances beyond the control of
ENGINEER.
Deliverables
• Newforma Document Management System (DMS) administration
• Electronic copies of contractor Submittals and Submittal responses transmitted via the DMS
• Electronic copies of contractor Requests for Information and responses transmitted via the
DMS
• Electronic copies of Change Proposal Requests transmitted via the DMS
• Recommendations for Contractor's Application for Payment transmitted via the DMS
• Electronic copies of Change Order review comments and negotiated Change Orders
transmitted via the DMS
• Electronic copies of Agenda and Meeting Notes for the Pre-Construction Conference and
Internal Weekly Construction Meetings
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Task 5.3 - On-Site Engineering and Observation Services
Objective
• Provide discipline specific in-person oversight of certain construction activities and material
placement throughout the course of construction and provide visual interpretations to
supplement daily inspections/observations being performed by the County Inspection Team.
ENGINEER Services
1. Observe specific activities and material placements being performed at the construction site by
the Construction Contractor to review conformance with the construction contract. Observations
will be performed by applicable engineering discipline leads for the following anticipated activities.
a. Establishing staging and clearing limits (assume three (3) days)
b. Construction isolation, temporary stream diversion construction, dewatering and fish
relocation, temporary trap and haul facility operation (assume ten (10) days)
c. General earthwork including excavation, trenching, improvements, sorting, stockpiling,
import, placement, and compaction of aggregate, soil, and earth (assume ten (10) days)
d. Cowiche Creek restoration activities including streambed substrate, rock foundations for
pipe protection, graded embankments, final grading, and native planting installation
(assume five (5) days)
e. Pipe fusion, fitting installation, pre-cast structures, air management systems, and
placement at the project site (assume fifteen (15) days)
f. Concrete forming, reinforcement steel, and miscellaneous metal embeds at irrigation
turnouts and miscellaneous structures (assume four(4) days)
g. Mechanical equipment including water control valves, motor operated actuators, revisions
to sediment resuspension system, and flow and water level measurement devices
(assume ten (10) days)
h. Utility building activities including integration of fiber line and control panel modifications
(assume three (3) days)
2. Prepare field reports to document activities observed and coordinate with County Inspection
Team to address non-conformance items, conflict resolution, and/or corrections when necessary.
CITY Responsibilities
• None identified
Assumptions
• ENGINEER's observation of the work performed under the construction contract shall not
relieve Contractor from responsibility for performing work in accordance with applicable
contract documents.
• ENGINEER shall not control, direct, or have charge of, and shall not be responsible for
construction means, methods, techniques, sequences, procedures of construction, health or
safety programs or precautions connected with the work and shall not manage, supervise,
control or have charge of construction.
• ENGINEER shall not be responsible for the acts or omissions of construction Contractor(s) or
other parties on the project.
• Observations will be performed in accordance with industry-recognized standard practices.
• The level of effort is based upon an initial allowance and to be expended on a time and
materials budget as described below:
o Level of effort assumed to require 60 days on-site (see assumed number of days in
list of services). 50% is assumed to be accounted for during attendance at weekly
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construction meetings. Therefore, initial budget is based upon 30 additional days of
on-site observation.
o Budget assumes that up to two (2) ENGINEER staff may attend on average during
the additional on-site observation days.
o Travel expenses to the project location are included.
o Lodging and overnight expenses are assumed for up to 20 total nights divided up
among different staff resources and site visits
o This task requires the participation of multiple engineering disciplines and design
engineers. Specific ENGINEER team members providing services related to this task
will vary as appropriate to conduct the services described.
o The need to mobilize HDR staff resources and attend each site visit will be reviewed
and approved by the CITY via email.
o Additional effort beyond the initial allowance will require a Contract Supplemental
Agreement to be initiated later if required.
o The CITY reserves the right to request an increase or decrease in the level of effort
based upon construction progress and complexity.
Deliverables
• Field reports, photographs, and recommendations for correction based upon visual
observation at the Project site.
Task 5.4 - Start-Up and Commissioning
Objective
• Observe and document testing and functionality of the system for compliance with design
objectives, project operations intent, and coordination with the CITY's operations system.
• Provide ENGINEER design staff on site to coordinate testing activities and observe
operations to gauge compliance with design and operations intent.
ENGINEER Services
1. Review equipment supplier training agendas and training material outlines as provided by
Contractor. Coordinate vendor training schedule with Contractor and CITY staff.
2. Observe Manufacturer's Field Services and training of CITY personnel required by the Contract
Documents to be performed by the Contractor.
3. Provide Startup, Pre-Demonstration, and Demonstration testing coordination between Contractor,
ENGINEER's team and CITY staff during testing/acceptance/balancing/tuning of new equipment.
4. Attend and document Pre-Demonstration and Demonstration periods.
5. Administer Vendor-Supplied Operations & Maintenance Manual Reviews
a. Receive, log, and maintain vendor-supplied O&M manual documents in the DMS.
b Conduct review of vendor-supplied O&M manual transmittal form and manual contents to
confirm Contractor's compliance with administrative requirements and distribute to
appropriate ENGINEER team member(s)for review.
c. Review vendor-supplied manuals for compliance with the specifications.
d. Provide written comments or approval to Contractor.
e. Obtain from Contractor the required number of hard copies for distribution and project
files.
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CITY Responsibilities
• CITY will provide Operations staff on site as needed to observe and work with Contractor to
coordinate testing and communicate system operations coordination with CITY operations
control center systems and methods.
Assumptions
• The level of effort is based upon an initial allowance to be expended on a time and materials
budget as described below-
o Level of effort assumed to require seven (7) days on-site
o Budget assumes that up to three (3) ENGINEER staff may attend on average during the
facility commissioning days
o Travel and lodging expenses to the project location are included.
o This task requires the participation of multiple engineering disciplines and design
engineers. Specific ENGINEER team members providing services related to this task will
vary as appropriate to conduct the services described.
o Additional effort beyond the initial allowance will require a contract amendment to be
initiated later if required
o The CITY reserves the right to request an increase or decrease in the level of effort
based upon construction progress and complexity.
Deliverables
• Review comments on Manufacturer Field Service Reports.
• Reviewed and completed training agendas and training material outlines.
• Field report describing observations during startup and commissioning activities.
• Final reviewed and accepted vendor supplied Operations and Maintenance Manuals.
Task 5.5 - Construction Close-Out and Operations & Maintenance Manual
Objective
• Coordinate project approvals and close-out as described in the contract documents.
• Prepare record drawings, final records, and project files for the project
• Update the existing facility operations and maintenance manual prepared by ENGINEER for
the full project by adding Phase II operations and maintenance data
ENGINEER Services
1. Perform Substantial Completion Review
a. Receive and review Contractor's required substantial completion submittal, and
determine if Project is ready for substantial completion inspection, including:
— Develop substantial completion submittal checklist
— Verify submittal of required documents.
— Review Contractor's punch list and ENGINEER's progressive list of
incomplete and deficient items and determine if the substantial completion
inspection is appropriate in accordance with Contract requirements.
— Schedule substantial completion inspection or notify Contractor that the Work
has not progressed to point of substantial completion as defined by the
Contract Documents.
b. Coordinate, conduct and document the substantial completion inspection and issuance of
the Certificate of Substantial Completion including.
— Notify CITY and design team members of date of substantial completion
inspection.
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— Prepare and distribute the punch list format to the parties conducting the
inspection.
— Conduct the substantial completion inspection.
— Compile the punch list and identify the tentative date of substantial
completion and prepare and issue tentative Certificate of Substantial
Completion to CITY for review and concurrence.
— If there are multiple portions of the Work with different substantial completion
dates, prepare a summary of the dates of expiration of the various Correction
Periods.
— Upon concurrence of CITY, issue the definitive Certificate of Substantial
Completion and punch list setting the date of Substantial Completion.
c. Review progress of corrective action on punch list items and periodically update and re-
issue the punch list and issuance of Certificate of Substantial Completion for the entire or
designated portions of the Work.
2. Final Completion Inspection
a. Receive and review Contractor's required final completion submittal.
b. Coordinate and attend the final inspection meeting and physical walk-through of the
Project, including.
c Schedule the final inspection date and notify Contractor, CITY and any Regulatory
Agencies.
d. Assemble the final completion submittal documents, required by the Contract
Documents, for the final inspection meeting and review them with the various parties.
e. Conduct, document and distribute the findings of the final inspection.
f. Collect close-out documents required by the Contract Documents and electronically
transmit to the CITY and Contractor via the DMS.
g. Transmit Contractor's Final Application and Certificate for Payment to CITY for
processing by CITY.
3. Coordinate and prepare Draft and Final Record Drawings
a. Perform monthly check-ins with the Contractor, CITY's Project Manager, County
Inspection Team for the sole purpose of reviewing the Contractor's progress in producing
and maintaining redlines associated with the Project Record Drawings.
4. Prepare Draft and Final Project Operations & Maintenance Manual Updates
b. The Project O&M Manual will provide the following minimum information.
Incorporate Phase II narratives describing the principal operation of new
Phase II systems.
— Incorporate Phase II components, their relationship to each other and the
overall system.
— Update the list of routine inspections, operations, and preventative
maintenance of the Phase II components.
— Update the preventative maintenance schedule for Phase II equipment
installed at the facility
— Reference new vendor supplied equipment O&M manuals which will be
housed under a separate cover
— Update pictures and diagrams of the facility.
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5. ENGINEER Team will provide a consolidated set of project records including record drawings
(from red lines provided by the Contractor), correspondence files, meeting notes, submittal files,
RFI's and responses, change order records and approvals, and design change documentation for
the construction project.
CITY Responsibilities
• Participate in Substantial Completion and Final Completion Inspections, list reviews, and
observe that corrections have been made to the CITY's satisfaction
• Provide final approval of Substantial Completion and Final Completion recommendations and
certification letters prepared by ENGINEER.
• Review and provide comments on Draft Record Drawings and O&M Manuals
Assumptions
• Substantial Completion and Final Completion documentation will be prepared commensurate
with the requirements outlined in the Construction Contract.
• Record Drawings will be prepared for information only as follows:
o Content of Record Drawings and CAD files will be based on information provided by the
Contractor as well as Daily Field Reports, Submittals, RFI responses, Change Orders,
and other documents relating to plan changes occurring during construction
o Topographic and Utility Information such as valves, meters, rims (CB, Manholes etc) and
inverts are collected in the field by the Contractor.
o The revision box shall identify the drawing as a Record Drawing with the date of
submission.
o Major changes, such as completely revised drawing sheets, supplemental sheets, or
sketches, that shall replace or supplement the original design sheets, are not included as
part of the anticipated level of effort. The level of effort assumes modifications using red-
lines and submittal information only.
o Record Drawing notes will be added to each sheet in the plan set. Record Drawings will
not be signed.
o CAD formatting standards shall be the same as those used for the design phase.
• O&M Manual will be prepared as follows:
o Based upon the consolidated content of design documentation, record drawings,
Manufacturer EO&M manuals, results of start-up activities, and previous calculations
prepared as part of design.
o For budgeting purposes, the Project O&M Manual is assumed to have a body of
approximately 100 pages with three (3) appendices under separate cover resulting in a
total length of approximately 500 pages.
Deliverables
• Electronic copies of Substantial Completion Checklists and Certifications transmitted via the
DMS
• Electronic copies of Final Completion Checklists and Certifications transmitted via the DMS
• Electronic Record Drawings in PDF and AutoCAD files formats
• Electronic copies of Project O&M Manual and Appendices in PDF and MS Word formats
• Two hardcopies of the Manufacturer EO&M Manuals bound in Three-Ring Binders.
Task 6.0 - Real Estate Support
General Assumptions:
• ENGINEER will provide ongoing management and administration of the ROW process under
the direction of CITY.
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• ENGINEER will coordinate with CITY, as necessary, and in accordance with the Federal
Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as
amended (URA), applicable State and local laws, and CITY administrative rules, to provide
real estate services support and facilitate the acquisition of identified properties.
• CITY will provide ENGINEER with available project information such as, but not limited to,
plans, legal descriptions and exhibits, and pre-approved CITY real estate forms, if available.
• ENGINEER and CITY agree to maintain clear lines of communication, determine, and
document the appropriate decision-making process to achieve project goals and to provide
open access to available data that is pertinent to the project.
• Deliverables will be produced in accordance with the approved quality control/quality
assurance (QA/QC) process established by CITY and the ENGINEER team.
• The level of effort assumes acquisition of three (3) parcels which may include up to three (3)
Rights of Entry (ROE), up to three (3) appraisal reports with appraisal review reports or, three
(3) administrative offer summaries (AOS), where applicable.
• Deliverables prepared by ENGINEER will be provided electronically.
Task 6.1 — General Right of Way Coordination
Objective
• Ongoing coordination, progress tracking, direction, and communication with the CITY project
team related to ROW activities.
ENGINEER Services
1. Coordinate and attend a Right-of-Way (ROW) kick-off meeting with CITY.
2 Attend bi-weekly project team meetings.
CITY Responsibilities
• Attend ROW kick-off meeting with ENGINEER ROW team.
Assumptions
• ENGINEER will have up to three (3) ROW staff attending the ROW kick-off meeting,
anticipated to be held in-person at the CITY office. Level of effort is estimated at three(3)
hours per staff for preparation and participation in addition to travel time and expenses.
• One ROW staff will attend up to ten (10) project management meetings., Staff time
commitment is estimated at two (2) hours per staff, per meeting for preparation and
participation.
Deliverables
• Electronic copy of ROW kick-off meeting agenda and notes.
Task 6.2 — Preliminary Real Estate Services
Objective
• ENGINEER will provide preliminary real estate services that include: a review of the
preliminary right of way plans, ROW cost estimate, ROW schedule, obtaining ROEs, order
title reports, review and document title report encumbrances, review legal descriptions and
exhibits to confirm the necessary property rights to be acquired.
ENGINEER Services
1. Prepare preliminary ROW plans for up to three (3) parcels.
2. Review preliminary ROW plans and provide comments, as needed.
3. Prepare and provide a ROW cost estimate and up to one(1) update.
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4. Prepare and provide an estimated ROW schedule and up to one (1) update.
5. Obtain up to three (3) signed ROEs.
6. Order up to three (3)title reports and provide up to three (3)title encumbrance reports.
7 Review legal descriptions and exhibits and provide comments, as needed.
CITY Responsibilities
• Prepare landowner contact list.
• Review ROW cost estimate and up to one (1) update
• Review estimated ROW schedule and up to one (1) update.
• Provide ROE template (if available).
• Review up to three (3)title reports.
• Review up to three (3)title encumbrance reports
Assumptions
• ENGINEER will order and provide title reports Associated expenses are included in an
estimated budget allowance of$600 per title report
• ENGINEER will prepare legal descriptions and exhibits using a licensed land surveyor local
to the Yakima, WA area. Associated expenses are included in an estimated budget
allowance of$850 per ROE drawing and legal description.
• Additional unanticipated costs associated with the above assumptions may require a future
Contract Supplemental Agreement.
Deliverables
• ROW cost estimate and up to one (1) update.
• ROW schedule and up to one (1) update.
• Up to three (3) signed ROE.
• Up to three (3)title encumbrance reports.
Task 6.3 —Valuation Services
Objective
• ENGINEER will lead the valuation process that will include review of the appraisal reports,
review of appraisal review reports and/or review of administrative offer summary reports
(AOS)for the project.
ENGINEER Services
1. Coordinate a schedule for delivery of appraisals, appraisal review and/or AOS reports.
2. Assemble the needed appraisal data and appraisal scope (including plan sheets, approved legal
descriptions and exhibits)for each assigned parcel for the valuation subcontractor(s)
3 Send out landowner appraisal inspection letters for up to three (3) affected parcels in advance of
the appraisal inspection, if needed.
4. Attend up to three (3) appraisal inspections where possible
5. Review up to three (3) appraisal reports or AOS reports and provide appraisal reports to the
appraisal reviewer.
6. Review up to three (3) appraisal review reports and provide to CITY.
CITY Responsibilities
• Review valuation schedule.
• Review landowner appraisal inspection letter.
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• Review and authorize just compensation via signature on Determination of Value (DV) or
AOS for up to three (3) parcels.
Assumptions
• CITY will directly contract the valuation services (appraisal, appraisal review and/or AOS
reports) and the contractor(s)will meet the requirements set forth in 49 CFR 24 103.
• ENGINEER will monitor the appraisal staff/contractor to develop an expeditious schedule for
delivery of valuation reports.
• CITY will provide available information to ENGINEER that is needed to conduct the assigned
appraisals
• CITY to provide authorization prior to landowner contact
• It is anticipated that there will be a total of three (3) parcel valuations which may include
permanent and/or temporary easements as required on the affect parcels. The valuation
effort includes up to three (3) appraisal, appraisal review and/or AOS reports.
o Appraisal reports will be short form narrative reports.
o The estimated delivery time for the appraisal reports is 120 days from NTP.
— NTP for the appraiser will be the date of receipt of adequate title information
and landowner contact information.
o The estimated delivery time for the appraisal review reports is 60 days from NTP.
— NTP for the review appraiser will be upon delivery of the appraisal report.
• This scope of services assumes three (3)full appraisal reports and appraisal review reports
or three (3)AOS reports. If there is an increase or change to the assumed number of
appraisal reports, appraisal review and/or AOS reports, this will result in additional levels of
effort and will require authorization from CITY.
Deliverables
• Valuation schedule.
• Up to three (3) landowner appraisal inspection letters
• Up to three (3) reviews of appraisal, appraisal review and/or AOS reports.
Task 6.4— Acquisition Services
Objective
• ENGINEER will prepare an acquisition schedule, prepare offer packages, present offers, and
negotiate permanent and/or temporary easements in accordance with applicable guidelines
and regulations under the URA and/or CITY policy. It is anticipated that there will be up to five
(5) parcel acquisitions which may include two (2) permanent easements and up to three (3)
temporary easements Upon completion of ROW activities, acquisition files will be transmitted
to CITY with original documents for recordation by CITY
ENGINEER Services
1. Prepare acquisition schedule.
2. Prepare offer package documents for up to five (5) parcel easement acquisitions including up to
two (2) permanent easements and up to three (3)temporary easements.
3. Function as an independent contractor for CITY in negotiations and in accordance with the URA
4. Conduct a maximum of four(4)good faith contact attempts with each of the impacted landowners
to present written offer, initiate and conclude negotiations. Negotiation efforts exceeding four(4)
attempts may require an increased level of effort and will require authorization from CITY.
5 Make reasonable attempts to reach a negotiated agreement within 180 days from presentation of
the written offer.
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6. Prepare and provide written justification by memorandum for Administrative Settlement(ASM), if
needed.
7. Transmit completed parcel files to CITY for filing and recording.
CITY Responsibilities
• Review acquisition schedule.
• Provide acquisition offer package document templates
• Review initial acquisition offer package
• Review ASMs and provide authorization via written approval of ASMs, if needed.
• Make payment to the landowner or escrow company for approved acquisitions submitted for
recording.
• Review completed files.
• Record necessary documents.
Assumptions
• A good-faith attempt is defined as a documented in-person visit with the landowner, a
documented detailed phone conversation, substantive correspondence, or email exchange.
• ENGINEER's acquisition duties shall be deemed complete if the following occurs:
o Landowner accepts offer as presented and necessary documents are executed and
transmitted.
o A negotiated settlement approved by CITY is reached and the necessary acquisition
documents are executed and transmitted.
o An impasse in negotiations is reached and the acquisition file is transmitted to CITY.
— If an impasse is reached during negotiations, the entire parcel file will be
turned over to CITY for further action, including determination to eliminate
acquisition of property rights.
o The offer to purchase is rescinded.
• Negotiation efforts exceeding sixty (60) hours per parcel or one hundred eighty (180) days
after written offer has been presented may require an increased level of effort and will require
authorization from CITY.
• CITY will have adequate funding to pay for the acquisition of the necessary property right
Deliverables
• Acquisition schedule
• Up to three (3) completed acquisition parcel files.
Task 7.0 - Permitting Support
ENGINEER will update existing applications/documentation and prepare new federal, state, and local and
environmental permit applications,documentation, and supporting information in coordination with the CITY
and Yakima County, as described herein. ENGINEER's team will provide engineering and construction
background information, figures, quantity estimates, and construction sequencing information.
ENGINEER's environmental team will conduct field reconnaissance and updated surveys, as outlined
below, and will prepare documentation to support local, state, and federal permitting applications for
submittal to the CITY, who will remain the applicant for the Project.
Task 7.1 - Site Visits and Reconnaissance of New Staging Areas
This task is 100% complete and has been removed from the scope of services.
Task 7.2 - Update Existing Federal Authorizations
This task is 100% complete and has been removed from the scope of services.
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Task 7.3 - Update Existing State Authorizations and Prepare Notice of Intent
This task is 100% complete and has been removed from the scope of services
Task 7.4 - Local Permitting
Objective
• Prepare documentation to amend existing State Environmental Policy Act(SEPA)
determination issued for full project(Phase I and II), if required.
• Prepare applications for CITY land use development/planning and building permits, as
applicable.
ENGINEER Services
1. SEPA
a. ENGINEER will support the CITY's coordination with the CITY and County planning
departments to determine if updates are required for the existing SEPA Determination of
Nonsignificance (DNS) issued for the overall project by Yakima County.
b. For SEPA compliance, a memorandum not exceeding 10 pages is included in this scope
of services to document Phase II updates including new staging areas and the modified
in-water work window for the Cowiche Creek pipeline crossings.
2 Prepare CITY of Yakima Land Use Planning permit application packages including:
a. Critical Areas Identification Form
3 Prepare application and required supporting materials for a Shoreline Substantial Development
Permit (SSDP) Exemption including
a. Shoreline exemption application packet
b. Site Plan
CITY Responsibilities
• Coordinate document review and provide one consolidated set of comments to ENGINEER
for incorporation at the Draft level of completion for each deliverable.
• CITY will be applicant and will sign all application forms as owner/applicant.
• CITY will publish required notifications in newspapers and pay fees.
• CITY will pay all application fees.
• CITY will participate in all formal pre-application meetings
Assumptions
• A new SEPA Checklist will not be required to comply with SEPA, and a memorandum (10
pages in length)to document new staging areas and the revised in-water work window for
Phase II.
• Per May 17, 2024 meeting with the CITY planning division (Eric Crowell), a pre-application
meeting and associated application request is not required
• Site restoration, including wetland restoration, following completion of the Cowiche Creek
pipeline crossing will be conducted in accordance with previous plan specifications and
planting palettes and no updates to the restoration plan will be required.
• Shoreline Substantial Development Permit
o Phase II will qualify for a SSDP exemption from the CITY pursuant to WAC 173-27-
040(2)(b), (2)(e), or(2)(i).
o These exemptions cover routine maintenance and replacement of structures (2)(b) or the
construction and maintenance of irrigation structures (2)(e)(i). If the CITY determines an
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SSDP exemption is not appropriate for Phase II and requires a SSDP, with conditions or
variances, a scope amendment may be required.
o This scope of services assumes Phase II will be authorized under a Shoreline exemption
and includes preparation of exemption application.
o Site plan required for the SSDP exemption application will reference existing 100% plans.
The level of effort to prepare a site plan that meets all requirements of SSDP exemption
will be limited to 8 hours of lead engineer time.
• A critical areas form is required for any land use application for the CITY and the form will be
developed under this scope of services A Critical Areas Report is not required and is not
included under this scope.
Deliverables
• Draft and Final SEPA update memorandum.
• Draft and Final land use planning forms/applications.
• Draft and Final SSDP exemption application and site plan.
Task 7.5 - Permitting and Environmental Support During Construction
Objective
• Provide environmental support services during Phase II construction
• Provide verbal and written guidance to CITY and Contractor to support compliance with
permit stipulations issued for the Phase II construction project.
ENGINEER Services
1. ENGINEER team will coordinate with Contractor and required agencies and conduct fish salvage
and relocation prior to dewatering of the Cowiche Creek pipeline crossing in-water work area.
2. ENGINEER's permitting lead will virtually attend weekly construction progress and coordination
meetings.
3. ENGINEER's permitting staff will provide permitting-related support as requested by the CITY for
the duration of Project, up to a budgetary allowance of 40 hours in addition to attendance at
construction meetings.
4. Permitting lead will attend up to five (5) site visits for the purpose of reviewing Contractor
progress and making interpretations of permit related compliance activities.
5. Permitting lead will support CITY in development of project completion forms required by
regulatory entities (e.g., USACE) at the end of Phase II
CITY Responsibilities
• Coordinate document review and provide one consolidated set of comments to ENGINEER
for incorporation at the Draft level of completion for each deliverable.
• Attend meetings with the CITY of Yakima Planning Division and Offices of Code
Administration and coordinate request for shoreline exemption for the Cowiche Creek
pipeline crossings.
Assumptions
• Up to three (3) members of ENGINEER's staff will participate in the fish salvage efforts,
which will be completed over a maximum of two (2) consecutive days.
• Construction is expected to last 27 months.
• For initial budgetary purposes, general permitting lead support is limited to a maximum of 40
hours.
• Effort associated with attendance at construction progress and coordination meetings is
included as part of Task 5.2.
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• Project completion documents will be provided at the end of Phase II, defined to be the latter
of construction contract 2A, 2B, or 2C as authorized by the CITY
Deliverables
• Electronic versions of project completion forms to USACE, NMFS, USFWS, and Ecology
upon completion of Phase II.
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EXHIBIT B
Professional Fees
The project will be billed on a time and material basis and fee will not exceed the Initial Contact 2A value presented in the following table until amended through
Supplemental Contract Modification. A detailed breakdown of fee by labor resource is presented in Table B-2.
Table 8-1.Summary of anticipated contract fee by sectional project phase.
Task Description Total Estimated Fee Initial Contract 2A Contract Contract
Supplement 2B Supplement 2C
Task 1 Project Management and Administration $90,190 $45,095 $22,548 $22,548
Task 2 Design Documentation Report $44,339 $44,339 $0 $0
Task 3 100%Construction Documentation $0 $0 $0 $0
Task 4 Preparation of Final Bid Documents $0 $0 $0 $0
Task 5 Engineering Services During Construction
Task 5.1 Bid Support Services $0 $0 $0 $0
Task 5.2 Engineering Services During Construction $610,170 $305,085 $152,543 $152,543
Task 5.3 On-Site Engineering Observation $112,867 $56,434 $28,217 $28,217
Task 5.4 Start-Up and Commissioning $112,791 $28,198 $28,198 $56,396
Task 5.5 Construction Close-Out and O&M Manual $100,912 $50,456 $0 $0
Task 6 Real Estate Support $72,849 $72,849 $0 $0
Task 7 Permitting Support $70,744 $70,744 $0 $0
Total Fee by Contract or Supplement $1,214,862 $673,200 $231,506 $259,704
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EXHIBIT"C"
Schedule of Rates
Monthly invoices are to be paid on a time and material basis based upon the following classifications and
rates. Staff resources will be billed based upon the following billing rate schedule effective through
Sectional Phases 2A, 2B, 2C Adjustment of assigned staff category rates for each staff may be adjusted
as required.
Title Billing Rate
EIT-Level 1 $134 15
EIT-Level 2 $173.76
EIT-Level 3 $196.80
Engineer-Level 1 $165.64
Engineer-Level 2 $184 00
Engineer-Level 3 $207.00
Engineer-Level 4 $230.00
Engineer-Level 5 $253.01
Engineer-Level 6 $276 01
Senior Engineer-Level 1 $299 02
Senior Engineer-Level 2 $322.02
Senior Engineer-Level 3 $341.19
Senior Engineer-Level 4 $364 20
Senior Engineer-Level 5 $387 20
Senior Engineer-Level 6 $448 92
CAD-Level 1 $114.98
CAD-Level 2 $134.15
CAD-Level 3 $153.32
CAD-Level 4 $172 49
CAD-Level 5 $191.66
CAD-Level 6 $210.83
CAD-Level 7 $264.00
Project Controller/Assistant-Level 1 $118 82
Project Controller/Assistant-Level 2 $141 82
Project Controller/Assistant-Level 3 $164.83
Project Controller/Assistant-Level 4 $187 83
Project Controller/Assistant-Level 5 $231 04
Project Manager-Level 1 $210.83
Project Manager-Level 2 $249 18
Project Manager-Level 3 $287 52
Senior Project Manager-Level 1 $306.69
Senior Project Manager-Level 2 $345.03
Senior Project Manager-Level 3 $404.42
Deputy Project Manager-Level 1 $153 32
Deputy Project Manager-Level 2 $172 49
Deputy Project Manager-Level 3 $191.66
Managing Principal-Level 1 $356.53
Managing Principal-Level 2 $402.54
Managing Principal-Level 3 $473.18
QA/QC-Level 1 $291 35
QA/QC-Level 2 $333 52
QA/QC-Level 3 $413.48
ROW Services Agent-1 $144.00
ROW Services Agent-2 $176.00
ROW Services Agent-3 $200.00
ROW Services Manager- 1 $250.00
GIS Analyst-Level 1 $134.15
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Title Billing Rate
GIS Analyst-Level 2 $180 16
GIS Analyst-Level 3 $235 22
Environmental Scientist/Planner-Level 1 $122 65
Environmental Scientist/Planner-Level 2 $153 32
Environmental Scientist/Planner-Level 3 $184.00
Environmental Scientist/Planner-Level 4 $214 67
Senior Environmental Scientist/Planner-Level 1 $237 67
Senior Environmental Scientist/Planner-Level 2 $260.68
Senior Environmental Scientist/Planner-Level 3 $283.68
Senior Environmental Scientist/Planner-Level 4 $311.09
Architect-Level 1 $141 82
Architect-Level 2 $180 16
Architect-Level 3 $218.50
Architect-Level 4 $256.84
Construction Manager-Level 1 $256 84
Construction Manager-Level 2 $299 02
Construction Manager-Level 3 $341.19
Construction Manager-Level 4 $383 37
Construction Inspector-Level 1 $198.30
Construction Inspector-Level 2 $221 64
Construction Inspector-Level 3 $248 47
ODC Mark-up 5%
Subconsultant Mark-up 5%
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411110/11i
.cir
( ; ; I,..
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.K.
For Meeting of: October 15, 2024
ITEM TITLE: Resolution authorizing an Agreement with HDR Engineering, Inc. for
Professional Engineering and Permitting Services during construction
for the Nelson Phase 2 Conveyance Improvements Project IC2010
SUBMITTED BY: Scott Schafer, Director of Public Works
*Mike Shane, Water/Irrigation Manager
SUMMARY EXPLANATION:
The Water/Irrigation Division is currently in the process of bidding and awarding the construction contract
for the Nelson Dam Removal Project: Water Supply, Fish Passage, and Riverine Process Phase 2
Conveyance Improvements Project IC2010. The project is to be constructed during the irrigation off-
season from October 2024 through June 2026.
The project requires construction engineering and permitting services for duration of the project.
The City of Yakima entered into contracts with HDR Engineering, Inc. in 2019 and 2021 for design and
construction services for Phase 1 and design of Phase 2 of the Nelson Dam Removal Project: Water
Supply, Fish Passage, and Riverine Process and Conveyance Improvements Project IC2010 (R-2019-
055 and R-2021-092). HDR Engineering, Inc. was selected as the consultant using the procedures
established by the State of Washington and the City of Yakima to select a firm.
HDR Engineering, Inc. has provided a proposed Scope of Work and Budget as part of the agreement,
which meet the needs and requirements for this project. It is recommended to enter into the Agreement
with HDR Engineering, Inc. in an amount not to exceed $673,200.00
ITEM BUDGETED: Yes
STRATEGIC PRIORITY 24-25: A Resilient Yakima
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
Resolution_Nelson Ph2_HDR Contract.docx
Nelson Phase 2_Dam Replacement-Agmt 2024.10.08 - HDR Signed
HDR_CITY_OF_YAKIMA_COI_21033258_.pdf
HDR_City of Yakima_COI_W35540778.pdf
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