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HomeMy WebLinkAboutRH2 Engineering, Inc. - Professional Services Agreement Professional Services Agreement Template AGREEMENT BETWEEN CITY OF YAKIMA,WASHINGTON AND RH2 Engineering,Inc.FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this day of March, 2020, by and between the City of Yakima,Washington,a municipal corporation with its principal office at 129 North Second Street,Yakima,WA 98901, (hereinafter referred to as "CITY"), and RH2 Engineering, Inc. with its principal office at 22722 29th Drive SE, Suite 210, Bothell,WA 98021, (hereinafter referred to as"ENGINEER");said corporation being licensed and registered to do business in the State of Washington,and will provide Engineering services under this Agreement for Wastewater Pump Station Upgrades on behalf of the City of Yakima, Project No. a1G , 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, Richard L. Ballard 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"Wastewater Pump Station Upgrades" (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, Page 1 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." 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 CITY'S RESPONSIBILITIES 3.1 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. 3.2 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. 3.3 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. 3.4 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. 3.5 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. Page 2 SECTION 4 AUTHORIZATION,PROGRESS,AND COMPLETION 4.1 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 5 COMPENSATION 5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services described in Exhibit A, compensation shall be according to 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. 5.1.1 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. 5.1.1.1 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. 5.1.2 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. 5.1.3 Professional Subconsultants. Professional Subconsultants are those costs for engineering, architecture, geotechnical services and similar professional services approved by the CITY. Reimbursement for Professional Subconsultants will be on the basis of actual costs billed plus a reasonable markup,not to exceed ten percent(10%)for services provided to the CITY through this Agreement. Estimated Subconsultant costs are shown in Exhibit B. 5.2 Unless specifically authorized in writing by the CITY,the total budgetary amount for this PROJECT shall not exceed Ninety-Nine Thousand and Nine Hundred Forty Two Dollars ($99,942). The ENGINEER shall make Page 3 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. 5.3 The ENGINEER shall submit to the City's Representative an invoice each month for payment for PROJECT services completed through the accounting cut-off day of the previous month. Such invoices shall be for PROJECT services and WORK performed and costs incurred prior to the date of the invoice and not covered by previously submitted invoices. The ENGINEER shall submit with each invoice a summary of time expended on the PROJECT for the current billing period, copies of subconsultant invoices, and any other supporting materials and details determined necessary by the City to substantiate the costs incurred. CITY will use its best efforts to pay such invoices within thirty(30)days of receipt and upon approval of the WORK done and amount billed.CITY will notify the ENGINEER promptly if any problems are noted with the invoice. CITY may question any item in an invoice, noting to ENGINEER the questionable item(s) and withholding payment for such item(s). The ENGINEER may resubmit such item(s)in a subsequent invoice together with additional supporting information requested. 5.4 If payment is not made within sixty(60)days following receipt of approved invoices,interest on the unpaid balance shall accrue beginning with the sixty-first(6152)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). 5.5 Final payment of any balance due the ENGINEER for PROJECT services will be made within forty-five (45) days after satisfactory completion of the services required by this Agreement as evidenced by CITY's written acceptance and after such audit or verification as CITY may deem necessary, together with ENGINEER's execution and delivery of a release of all known payment claims against CITY arising under or by virtue of this Agreement,other than such payment claims,if any,as may be specifically exempted by the ENGINEER from the operation of the release in stated amounts to be set forth therein. 5.6 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 6 RESPONSIBILITY OF ENGINEER 6.1 The ENGINEER shall be responsible for the professional quality, technical adequacy and accuracy, timely completion,and the coordination of all plans,designs,drawings,specifications,reports,and other services furnished by the ENGINEER under this Agreement. The ENGINEER shall,without additional compensation, correct or review any errors,omissions,or other deficiencies in its plans,designs,drawings,specifications, reports, and other services. The ENGINEER shall perform its WORK according to generally accepted civil engineering standards of care and consistent with achieving the PROJECT WORK within budget, on time, and in compliance with applicable laws, regulations,and permits. 6.2 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, Page 4 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. 6.3 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. 6.4 INDEMNIFICATION: agrees defend,indemnify, pp(a) ENGINEER a g and hold harmless the CITY,its elected and appointed officials, agents, officers, employees and volunteers (hereinafter "parties protected") from (1) claims, demands, liens, lawsuits, administrative and other proceedings,(including reasonable costs and attorney's fees) and (2)judgments,awards, losses,liabilities,damages, penalties, fines, costs and expenses of any kind claimed by third parties arising out of, or related to any death, injury, damage or destruction to any person or any property to the extent caused by any negligent act, action, default, error, omission or willful misconduct arising out of the Engineer's performance under this Agreement. In the event that any lien is placed upon the City's property or any of the City's officers, employees or agents as a result of the negligence or willful misconduct of the Engineer,the Engineer shall at once cause the same to be dissolved and discharged by giving bond or other necessary satisfaction. (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 or willful misconduct of the CITY, its employees,or agents in connection with the PROJECT. (c) 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. (d) Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 6.5 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. 6.6 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 Page 5 1 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. 6.7 SUBSURFACE INVESTIGATIONS: In soils,foundation,groundwater,and other subsurface investigations,the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observation, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER,to the extent that ENGINEER has exercised the applicable and appropriate standard of professional care,thoroughness and judgment in performing such investigations. SECTION 7 PROJECT SCHEDULE AND BUDGET 7.1 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. 7.2 Not later than the tenth (loth) 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 8 REUSE OF DOCUMENTS 8.1 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. 8.2 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. Page 6 8.3 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 9 AUDIT AND ACCESS TO RECORDS 9.1 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. 9.2 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. 9.3 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. 9.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for WORK on the Project. 9.5 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 10 INSURANCE 10.1 At all times during performance of the WORK, ENGINEER shall secure and maintain in effect insurance to protect the CITY and the ENGINEER from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Agreement. ENGINEER shall provide and maintain in force insurance in limits no less than those stated below, as applicable. The CITY reserves the right to require higher limits should it deem it necessary in the best interest of the public. If ENGINEER carries higher coverage limits than the limits stated below,such higher limits shall be shown on the Certificate of Insurance and Endorsements and ENGINEER shall be named as an additional insured for such higher limits. 10.1.1 Commercial General Liability Insurance. Before this Agreement is fully executed by the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total liability limit of the limits required in the policy,subject to minimum limits of Two Million Dollars($2,000,000.00)per occurrence combined single limit bodily injury and property damage,and Two Million Dollars($2,000,000.00)general aggregate. The certificate shall clearly state who the provider is,the coverage amount,the policy number,and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the CITY,its elected and appointed officials,officers,agents,employees,and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the CITY thirty(30)calendar days prior written notice. The insurance shall be with an insurance company or companies rated A-VI'or higher in Best's Guide and admitted in the State of Washington. 10.1.2. Commercial Automobile Liability Insurance. Page 7 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. 10.1.3. Statutory workers'compensation and employer's liability insurance as required by state law. 10.1.4. Professional Liability Coverage. Before this Contract is fully executed by the parties, ENGINEER shall provide the City with a certificate of insurance as proof of professional liability coverage with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per claim, and Two Million Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number,and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The insured shall not cancel or change the insurance without first giving the CITY thirty(30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide.If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this contract. Failure of either or all of the additional insureds to report a claim under such insurance shall not prejudice the rights of the CITY, its elected and appointed officials, officers,employees, agents, and representatives there under. The CITY and the CITY's elected and appointed officials, officers,principals,employees,representatives,and agents shall have no obligation for payment of premiums because of being named as additional insureds under such insurance. None of the policies issued pursuant to the requirements contained herein shall be canceled, allowed to expire, or changed in any manner that affects the rights of the CITY until thirty(30) days after written notice to the CITY of such intended cancellation,expiration or change. SECTION 11 SUBCONTRACTS 11.1 ENGINEER shall be entitled,to the extent determined appropriate by ENGINEER,to subcontract any portion of the WORK to be performed under this Agreement. 11.2 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 Page 8 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. 11.3 CITY does not anticipate ENGINEER subcontracting with any additional persons or firms for the purpose of completing this Agreement. 11.4 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. SECTION 12 ASSIGNMENT 12.1 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. 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 13 INTEGRATION 13.1 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 14 JURISDICTION AND VENUE 14.1 This Agreement shall be administered and interpreted under the laws of the State of Washington. Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of this Agreement is found to conflict with applicable laws,such part shall be inoperative,null,and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. Venue for all disputes arising under this Agreement shall lie in a court of competent jurisdiction in Yakima County, Washington. SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION 15.1 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 16 SUSPENSION OF WORK 16.1 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 Page 9 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 17. SECTION 17 TERMINATION OF WORK 17.1 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 and for cure with the terminating party before termination. Notice shall be considered issued within seventy-two (72) hours of mailing by certified mail to the place of business of either party as set forth in this Agreement. 17.2 In addition to termination under subsection 17.1 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. 17.3 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. 17.4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience, the adjustment pursuant to the Agreement shall include payment for services satisfactorily performed to the date of termination, in addition to termination settlement costs the ENGINEER reasonably incurs relating to commitments which had become firm before the termination, unless CITY determines to assume said commitments. 17.5 Upon receipt of a termination notice under subsections 17.1 or 17.2 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. 17.6 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. Page 10 17.7 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 17.4 of this Section. 17.8 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 17.3 of this Section. SECTION 18 DISPUTE RESOLUTION 18.1 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,in accordance with SECTION 14. If both parties consent in writing,other available means of dispute resolution may be implemented. SECTION 19 NOTICE 19.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at the address set forth below. Notice shall be considered issued and effective upon receipt thereof by the addressee-party,or seventy-two(72)hours after mailing by certified mail to the place of business set forth below,whichever is earlier. CITY: City of Yakima Wastewater Division 2220 East Viola Yakima,WA 98901 Attn: Dana Kallevig, Utility Project Engineer ENGINEER: RH2 Engineering,Inc. 22722 29th Drive SE,Suite 210 Bothell,WA 98021 Attn: Richard Ballard IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their respective authorized officers or representatives as of the day and year first above written. CITY OF YAKIMA RH2 Engineering, Inc. 04/ [City Manager] Signature Page 11 Printed Name: tr+k 1(lit\r„ririOrr Printed Name: Richard L. Ballard CITY CONTRACT NO:)020— 31 RESOLUTION NO: Title: City Manager Title: Director Date: 51 ;3I '•" (Yat) Date:- ( Attest — • * •—•••. >•• c ; City Clerk v) * r Page 12 STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that Cliff Moore is the person who appeared before me,and said person acknowledged that he signed this instrument,on oath stated that he was authorized to execute the instrument,and acknowledged it as the CITY MANAGER of the CITY OF YAKIMA,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Seal or Stamp (Signature) Title Printed Name My commission expires: Page 13 STATE OF WASHINGTON ) )ss. COUNTY OF YAKIMA ) I certify that I know or have satisfactory evidence that -( .a-ittl---3 - 4is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the F1:)i( _ ' ?( of ir v+0 .�e../C� -1, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 610-4-./ "1"4:7 Seal or Stamp riAr4"- CAL'L (Signature) ..�,�,.. YRA. - C SACHS 4 ,()ounce_ manajer Notary Public ii State of Washington Title ' My Commission Expires ' ;,�n r0. C C0.�� 5 November 13, 2021 r r )� J Printed Name ( aoa‘ My commission expires: 14 I /3 Page 14 1 EXHIBIT A Scope of Work City of Yakima Wastewater Pump Station Upgrades February 2020 Scope of Services Background:The City of Yakima (City) has an existing lift station with variable frequency drive (VFD) motor controllers that have reached their end of life. The City cannot find the necessary parts to perform maintenance.The existing lift station remote telemetry panel (RTU) equipment also is at its end of life. The City has requested that RH2 Engineering, Inc., (RH2) prepare electrical plans and specifications to replace the existing VFDs, RTU, motor control center (MCC) cabinets, and other electrical infrastructure.As part of the replacement, RH2 will perform programming services for the control of the lift station and integration of the proposed control replacement into the City's existing supervisory control and data acquisition (SCADA) system located at the City's existing Wastewater Treatment Plant (WWTP). During construction, the City anticipates needing to have the lift station bypassed using the existing bypass pump system. RH2 will prepare plans and specifications for the bypass system as part of the electrical and control design. Task 1— Electrical and Control Design Objective: Prepare electrical plans and specifications, including bypass pumping provisions, for the proposed electrical and control panel replacements. Approach: 1.1 Visit the existing site with City staff to review the existing electrical and controls. Identify the project. constraints. Review electrical and control checklist to identify equipment to be replaced. RH2 assumes some instrumentation devices will be replaced as part of the control upgrade. 1.2 Prepare 60-percent and 90-percent electrical, control, and bypass pumping plans showing proposed panels, proposed conduits, proposed conductors, and notes for installation. RH2 will use existing AutoCAD site plans from the previous project performing electrical system upgrades at the lift station. 1.3 Prepare 60-percent and 90-percent technical specifications for the electrical upgrades and bypass pumping. Specifications shall be provided in RH2's modified Construction Specifications Institute (CSI)standard format. 1.4 Prepare a 60-percent and 90-percent engineer's estimate of probable construction cost. 1.5 Conduct an in-house quality assurance/quality control (QA/QC) review of the 90-percent design plans and specifications. 1 2/26/2020 11:54:06 AM Z:\NEWBUSINESS\PROPOSAL\YAK\20191127_YAK_M190168_WASTEWATER PUMP STATION UPGRADES\CONTRACT\PSA_SOW_WASTEWATER PUMP STATION UPGRADES.DOCX City of Yakima Exhibit A Wastewater Pump Station Upgrades Scope of Work 1.6 Submit the 60-percent and 90-percent plans, specifications, and cost estimate to the City for review in electronic PDF format.Attend one(1)90-percent review meeting at the WWTP with the City. RH2 will prepare the agenda and minutes. The 60-percent review will be a teleconference. 1.7 Prepare bid-ready plans,specifications, and cost estimate based on comments received from the City. 1.8 Conduct an in-house QA/QC review of the bid-ready design plans and specifications. 1.9 Submit the bid-ready plans, specifications, and cost estimate to the City in electronic PDF format. Assumptions: o RH2 will rely on the accuracy and completeness of the information, data, and materials provided by the City and others in relation to this Scope of Work. City Deliverables: o Attendance at the site visit, 60-percent review meeting, and 90-percent review meeting. o 60-percent and 90-percent review comments. RH2 Deliverables: o Attendance at site visit, 60-percent review meeting, and 90-percent review meeting. o Agenda and meeting minutes for the 60-percent and 90-percent review meetings. o 60-percent and 90-percent plans, specifications, and cost estimate in PDF format. o Bid-ready plans, specifications, and cost estimate in PDF format. Task 2—Services During Bidding Objective: Provide engineering services assistance during the bidding phase of the project. Approach: 2.1 Prepare bid documents. Five (5) sets of the documents will be produced: three (3) sets will be delivered to the City; and two (2) sets will remain at RH2 for use during the bidding of the project. Provide a PDF version of the plans and specifications to the City. Submit bid package to an online plan center(e.g., Quest CDN). 2.2 Prepare bid advertisement and coordinate the timing and placement of the bid advertisement with the City. The City will submit the advertisement to the appropriate publications and pay any advertising fees directly. 2.3 Respond to contractor and supplier questions during bidding, review product pre-qualification requirements, and document responses to the file. 2.4 Prepare addenda when determined necessary to clarify, revise, or change construction plans, technical specifications, or project conditions during the bidding process. 2 2/26/2020 11:54:06 AM Z:\NEWBUSINESS\PROPOSAL\YAK\20191127_YAK_M190168_WASTEWATER PUMP STATION UPGRADES\CONTRACT\PSA_SOW_WASTEWATER PUMP STATION UPGRADES.DOCX City of Yakima Exhibit A Wastewater Pump Station Upgrades Scope of Work 2.5 Attend pre-bid walkthrough meetings with the City. Respond to contractor or supplier questions after the walkthrough is completed and document responses in email. 2.6 Attend the bid opening, prepare bid tabulation, and post results online. 2.7 Evaluate the qualifications and references for the apparent low bidder and prepare a recommendation of award letter for the City. 2.8 Revise plans and specifications to conform with bid addenda and produce a PDF version of the documents. Assumptions: • The City will place the advertisement and pay all necessary fees. • RH2 will perform services during bidding up to the amount included in the attached Fee Estimate. Additional effort, if needed, will be mutually determined by RH2 and the City prior to RH2 performing extra work. Provided by City: • City will submit the advertisement to the appropriate publications. RH2 Deliverables: • Four(4) sets of half-sized (11-inch by 17-inch) bidding documents for use by the City and RH2 in the bid administration, and one (1) set of bid documents in PDF format for distribution to prospective bidders. • Responses to vendor and bidder questions during the advertisement phase via phone or email. • Addenda in electronic PDF.. • Bid tabulation in electronic PDF. • Reference check of lowest bidder. • Recommendation of award letter in electronic PDF. • Conformed plans and specifications in electronic PDF. Task 3—Services During Construction Objective: Provide engineering services assistance during the construction phase of the project. Approach: 3.1 Attend the project pre-construction meeting with the project design team and project contractor(s). Pre-construction meeting agenda and minutes to be provided by RH2. 3.2 Conduct periodic site visits to observe the progress of the contractor's work. Attend periodic • progress meetings with City staff and the contractor at the project site. Prepare observation reports for RH2 on-site observations.RH2 will not make exhaustive or continuous on-site visits 3 2/26/2020 11:54:06 AM Z:\NEWBUSINESS\PROPOSAL\YAK\20191127_YAK_M190168_WASTEWATER PUMP STATION UPGRADES\CONTRACT\PSA_SOW_WASTEWATER PUMP STATION U PG RAG ES.DOCX City of Yakima Exhibit A Wastewater Pump Station Upgrades Scope of Work but will visit the site during substantial construction operations. RH2 will inform the City Project Manager of the progress of the work and may recommend rejection of observed work if it fails to conform to the construction contract documents. 3.3 Review progress pay estimate submittals from the contractor. Prepare progress payments using standard RH2 format. 3.4 Review project component submittals and shop drawings identified in the specifications for delivery to RH2 by the contractor(s). Review material for exceptions or changes based on the project design criteria. 3.5 Respond to requests for information (RFIs) from the contractor. 3.6 Attend the project startup and final walkthrough. Prepare an electrical and control punchlist for the contractor in Word format. RH2's electrical punchlist will be combined with the City's final punchlist. 3.7 Prepare as-built electrical and control plans based on field installation. RH2 will obtain redline drawings from the contractor and City based on observed changes to the design. 3.8 Prepare project closeout documents for the City's acceptance and State required documentation. 3.9 Provide control software development services for new operator interface (01) and programmable logic controller (PLC) equipment. Provide support during factory testing,field testing, startup, and commissioning. Prepare documentation material of the PLC system for current and future operation and maintenance (0&M) of the system. Provide training for City staff for the PLC, 01, and SCADA system changes. Assumptions: • RH2 is not responsible for site safety,for providing means and method, or for directing the contractor in their work. • Documents will be delivered to the project team members in electronic format via a secure communications website. • Task 3 services will be performed up to the amount included in the attached Fee Estimate. Additional effort, if needed, will be mutually determined by the City and RH2. RH2 Deliverables: • Attendance at the pre-construction meeting. • Agenda and meeting minutes for the pre-construction meeting. • Periodic site visits and remote on-call construction assistance. • Observation reports in PDF format. • Progress payments in RH2 standard format. • Responses to submittal reviews in PDF format. 4 2/26/2020 11:54:06 AM Z:\NEWBUSINESS\PROPOSAL\YAK\20191127_YAK_M190168_WASTEWATER PUMP STATION UPGRADES\CONTRACT\PSA_SOW_WASTEWATER PUMP STATION UPGRADES.DOCX City of Yakima Exhibit A Wastewater Pump Station Upgrades Scope of Work • Responses to RFIs in PDF format. • Attendance at project startup and final walkthrough. • Final electrical and control punchlist items in Word format. • Project acceptance letter in PDF format. • State required closeout documentation in PDF format. • As-built electrical and control plans in PDF format and three (3) hard copies. • PLC and 01 O&M manual in PDF format and three (3) hard copies. • Digital copies of PLC, 01, and SCADA programs and three (3) hard copies. • PLC, OI, and SCADA training for City staff. Project Schedule RH2 will schedule the site visit after a signed contract is received. Following the site visit, RH2 will have 90-percent plans and specifications delivered to the City within seven (7) weeks. Anticipated project completion is summer 2020. • 2/26/2020 11:54:06 AM Z:\NEWBUSINESS\PROPOSAL\YAK\20191127_YAK_M 190168_WASTEWATER PUMP STATION UPGRADES\CONTRACT\PSA_SOW_WASTEWATER PUMP STATION U PGRADES.DOCX EXHIBIT B Fee Estimate City of Yakima Wastewater Pump Station Upgrades Feb-20 - Total Description" - - Total Labor ,,Total Subconsultant Total Expense, Total Cost . .:..::.. .:.....:.....:: asstfiration ..:.................... ,.t I.� ITask 1 Electrical and Control Design I 198 I $ 34,011 I$ -J$ 4,219 I$ 38,230 'Task 2 Services During Bidding I 50 I $ 8,559 I$ -I$ 630 I $ 9,189 I (Task 3 Services During Construction I 268 I $ 45,825 I$ -I$ 6,697 I $ 52,522 v. . ... ..... ..:.a;PROJECT;TO TAL :': .:` .".. :;';.:`;'':. ";516' $ :.:';88,395 '$ ::- .$ 11,547. $: 99,942 Z:WewBusiness\Proposal\YAK\20191127_YAK_M190188_Wastewater Pump Station Upgrades\Contract\PSA_FEE_Wastowater Pump Station Upgrades.>du 2/24/2020 5.07 PM I EXHIBIT C RH2 ENGINEERING, INC. 1 2020 SCHEDULE OF RATES AND CHARGES , RATE LIST RATE UNIT Professional I $144 $/hr Professional II $157 $/hr Professional III $171 $/hr Professional IV $184 $/hr Professional V $196 $/hr Professional VI $212 $/hr Professional VII $227 $/hr Professional VIII $235 $/hr Professional IX $235 $/hr Control Specialist I $130 $/hr Control Specialist II $141 $/hr Control Specialist III $155 $/hr , Control Specialist IV $168 $/hr Control Specialist V $178 $/hr Control Specialist VI $191 $/hr Control Specialist VII $206 $/hr j Control Specialist VIII $214 $/hr Technician I $106 $/hr Technician II $118 $/hr Technician III $135 $/hr Technician IV $145 $/hr Technician V $157 $/hr Technician VI $172 $/hr Technician VII $187 $/hr Technician VIII $196 $/hr Administrative I $72 $/hr Administrative II $83 $/hr Administrative III $98 $/hr Administrative IV $118 $/hr Administrative V $138 $/hr CAD/GIS System $27.50 $/hr CAD Plots-Half Size $2.50 price per plot CAD Plots-Full Size $10.00 price per plot CAD Plots-Large $25.00 price per plot j Copies(bw)8.5"X 11" $0.09 price per copy Copies(bw)8.5"X 14" $0.14 price per copy Copies(bw) 11"X 17" $0.20 price per copy Copies(color)8.5"X 11" $0.90 price per copy Copies(color)8.5"X 14" $1.20 price per copy Copies(color) 11"X 17" $2.00 price per copy Technology Charge 2.50% %of Direct Labor price per mile Mileage $0.58 (or Current IRS Rate) Subconsultants 15% Cost+ Outside Services at cost I Rates listed are adjusted annually. 1 ACCPRE, DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 05/20/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED • REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. • • If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jona Bolin NAME: Sammamish Insurance,Inc. PHONE Ext): (425)898-8780 FA/C,No):AX (425)836-2865 . 704 228th Ave NE,PMB 373 E-MAIL JonaBolin@msn.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Sammamish WA 98074 INSURER A: Ohio Security Insurance Company 24082 INSURED INSURER B: Continental Casualty Company 20443 RH2 Engineering Inc INSURER C: 22722 29th Dr SE Ste 210 INSURER D: INSURER E: Bothell WA 98021 INSURER F: COVERAGES CERTIFICATE NUMBER: CL1952003492 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED 2,000,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 15,000 A Y BZS57962270 05/29/2019 05/29/2020 PERSONAL&ADV INJURY $ 2'000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY PRO- 4 000 000 JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: Employers Liability $ 2,000,000 • AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED BAS57962270 05/29/2019 05/29/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) UMBRELLA LIAB 2 000 ,000, _ X OCCUR EACH OCCURRENCE $ A X EXCESS LIAB CLAIMS-MADE BZS57962270 05/29/2019 05/29/2020 AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liability B Claims Made AEH004312321 05/29/2019 05/29/2020 Per Claim $3,000,000 Deductible $200,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder is named as additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE I THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Yakima ACCORDANCE WITH THE POLICY PROVISIONS. 2220 E Viola Ave AUTHORIZED REPRESENTATIVE Yakima WA 98901 4/ ,VI tiZir ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD