HomeMy WebLinkAbout09/07/2021 06.F. Resolution authorizing an Agreement with HDR Engineering to provide design amendments and construction services for the Nelson Dam Removal, Water Supply, Riverine Process and Fish Passage project 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.F.
For Meeting of: September 7, 2021
ITEM TITLE: Resolution authorizing an Agreement with HDR Engineering to
provide design amendments and construction services for the
Nelson Dam Removal, Water Supply, Riverine Process and Fish
Passage project
SUBMITTED BY: Scott Schafer, Director of Public Works
David Brown,Assistant Director of Public Work, 509-575-6204
SUMMARY EXPLANATION:
On July 6, 2021 City Council approved a construction contract with Northbank Civil and Marine,
Inc. (R-2021-092)for the Nelson Dam Removal, Water Supply, Riverine Process and Fish
Passage Improvements project.
This Agreement with HDR Engineering is for construction services and minor adjustments to
previous tasks is necessary for the management of the construction of Nelson Dam Removal,
Water Supply, Riverine Process and Fish Passage Improvements project Phase I and Phase II.
Nelson Dam is located just upstream of the twin bridges on SR 12 where the City diverts water
for irrigation. It was damaged during the 1996 and 2011 floods and is nearing the end of its life
expectancy. The project will replace the existing Nelson Dam and the connected fish by-pass
roughened channel structure. This work will reduce flood risk and flood risk maintenance. Improve
fish habitat conditions, particularly for Endangered Species Act listed Steelhead and Bull Trout,
by improving the natural physical processes of the river.
The project consists of:
- Demolition of existing site floodplain and channel structures
- Demolition of the existing Nelson Dam Construction of a new two acre Nelson Dam
roughened channel by-pass and upstream weir
- New fish screen and Piping
- Excavation of 2,500 feet of floodplain dam approach channels
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- Placement of a road protection structure
HDR Engineering was previously awarded the contract to provide the engineering design,
bidding, and construction services for the Nelson Dam Nelson Dam Removal, Water Supply,
Riverine Process and Fish Passage Improvements project (R-2019-055). The design and
permitting process took approximately 18 months.
Construction began on July 12, 2021. The design amendments and construction management is
not to exceed $1 ,665,000 Yakima County has assigned one of their construction inspectors to the
project for daily inspection. This cost was included in the Nelson Dam Nelson Dam Removal,
Water Supply, Riverine Process and Fish Passage Improvements project's financing plan.
The terms of the Agreement for Design amendments and Construction Management shall be in
an amount not to exceed $1,665,000 and has been attached for City Council review.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
D resolution 9/2/2021 Corer Memo
❑ Agreement 8/26/2021 Contract
❑ Finance Plan 8/26/2021 Backup Material
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RESOLUTION NO. R-2021-
A RESOLUTION authorizing an agreement with HDR Engineering to provide design
amendments and construction services for the Nelson Dam Removal,
Water Supply, Riverine Process and Fish Passage project.
WHEREAS, the City of Yakima is in the process of replacing Nelson Dam, and
WHEREAS, on September 16, 2015 the City entered into a contract with HDR
Engineering to evaluate alternatives for Nelson Dam, which included a task to do engineering
design, bidding, and construction services as determined in the Alternatives Analysis, and
WHEREAS, on January 8, 2019 the City entered into an Interlocal Agreement with Yakima
County to share expenses and construction oversite, and
WHEREAS, the City of Yakima Irrigation System and Nelson Dam have undergone
several studies about replacement and fish screening facilities and the existing dam requires
replacement and improvements to serve the irrigation system and allow for fish passage, and
WHEREAS, on June 4, 2019 the City entered into a contract with HDR Engineering to
design the Nelson Dam Removal, Water Supply, Riverine Process and Fish Passage project,
which included a task to do construction services which was authorized by R-2019-055 and has
been completed, and
WHEREAS, a contract for the construction for the Nelson Dam Removal, Water Supply,
Riverine Process and Fish Passage project was been authorized on July 6, 2021 by Resolution
R-2021-092, and
WHEREAS, the City of Yakima Water/Irrigation Division desires some amendments
and construction services for the Nelson Dam Removal, Water Supply, Riverine Process and
Fish Passage project as identified in the design contract with HDR Engineering, and
WHEREAS, due to HDR's knowledge of the structure and the project it is prudent, efficient
and most cost-effective, and therefore in the best interest of the City and its residents, to continue
to use them as the engineer for this project; 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
engineering contract with HDR 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:
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The City Manager is hereby authorized to execute a Professional Services Agreement
between the City of Yakima and HDR Engineering, attached hereto and incorporated herein
by this reference, not to exceed $1,665,000 to provide the Professional Services as described
in the Agreement.
ADOPTED BY THE CITY COUNCIL this 7'h day of September, 2021
ATTEST: Patricia Byers, Mayor
Sonya Claar Tee, City Clerk
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For City of Yakima Use Only:
Contract No. AGREEMENT
Project No. IC2010 BETWEEN
Resolution No. R-2021-_
SOO No. CITY OF YAKIMA,WASHINGTON
AND
HDR ENGINEERING
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of , 2021, 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 HDR Engineering, with its
principal office at 4717 97th Street NW, Gig Harbor, Washington 98332, hereinafter referred to as
"ENGINEER,"said corporation and its principal engineers are licensed and registered to do business in the
State of Washington, and will provide engineering design, bidding, and construction services under this
AGREEMENT for Nelson Dam Replacement on behalf of the City of Yakima, Project No. IC2010, 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
Michael Garello, PE, as Principal-in-Charge throughout the term of this AGREEMENT
unless other personnel are approved by the CITY.
2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A - Scope of
Services (WORK) which are attached hereto and made a part of this AGREEMENT as if fully set
forth herein. It is anticipated construction of improvements related to this AGREEMENT will occur
through two separate projects and associated bid calls.
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 accordingly.
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the ENGINEER according to the provisions set forth in Exhibit A — Scope of
Services, 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
(an email will be considered as written authorization).
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 for 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 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 therefrom.
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- Scope of Services. The time for completion is defined in Exhibit A
- Scope of Services, 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 Rates, attached
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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 one million six hundred sixty five thousand Dollars ($1,665,000.00). The
ENGINEER will make 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 determined by the CITY necessary
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
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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 required.
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 (61) 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 written acceptance by CITY and after such audit or verification as CITY may deem
necessary and execution and delivery by the ENGINEER 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, design, 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, 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 will 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 employees, agents, and representatives,
including subconsultants and subcontractors, and shall save and hold CITY harmless therefrom.
6.4 INDEMNIFICATION:
6.4.1 ENGINEER agrees to defend, indemnify, 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 attorneys' 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
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person or any property to the extent caused by any negligent act, action, default, error or
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 otherwise.
6.4.2 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.
6.4.3 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.
6.4.4 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.
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 or methods, or for compliance by contractors 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 and judgment in such investigations.
6.8 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 operations 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.
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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 attachments. 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.
7.2 Not later than the tenth (10) 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 request of the CITY
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 service 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 were caused by the ENGINEER's own negligent acts or omissions.
8.2 The ENGINEER agrees that ownership of any 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 vested in the CITY.
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 written
comments, if any, of the ENGINEER.
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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 INSPECTION AND PRODUCTION OF RECORDS
10.1 The records relating to the WORK shall, at all times, be subject to inspection by and with the
approval of the CITY, but the making of (or failure or delay in making) such inspection or approval
shall not relieve ENGINEER of responsibility for performance of the WORK in accordance with this
AGREEMENT, notwithstanding the CITY's knowledge of defective or non-complying performance,
its substantiality or the ease of its discovery. ENGINEER shall provide the CITY sufficient, safe,
and proper facilities and equipment for such inspection and free access to such
facilities. ENGINEER's records relating to the WORK will be provided to the CITY upon the CITY's
request.
10.2 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 State 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.
10.3 All records relating to ENGINEER's WORK under this AGREEMENT must be made available to
the CITY, and also produced to third parties, if required pursuant to the Washington Public Records
Act, Chapter 42.56 RCW or by law. All records relating to ENGINEER's WORK under this
AGREEMENT must be retained by ENGINEER for the minimum period of time required pursuant
to the Washington State Secretary of State's record retention schedule.
SECTION 11 INSURANCE
11.1 At all times during performance of 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 that stated below, as applicable. The
CITY reserves the rights 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.
11.1.1 Commercial General Liability Insurance. Before this AGREEMENT is fully executed
by the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof
of commercial liability insurance and commercial umbrella liability insurance with a total
liability limit of the limits required in the policy, subject to minimum limits of Two Million
Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate
shall clearly state who the provider is,the coverage amount, the policy number, and when
the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this AGREEMENT. The policy shall name the CITY, its elected and appointed
officials, officers, agents, employees, and volunteers as additional insureds. The insured
shall not cancel or change the insurance without first giving the CITY thirty (30) calendar
days prior written notice. The insurance shall be with an insurance company or
companies rated A-VI I or higher in Best's Guide and admitted in the State of Washington.
Subcontractors: If subcontractors will be used, the same terms and limits of coverage
will apply and a certificate will be required per the instructions above. In lieu of a
certificate, contractor may provide confirmation in writing from their insurance broker that
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their insurance policy does not contain a subcontract exclusion or one relating to the
work of others.
11.1.2 Commercial Automobile Liability Insurance.
11.1.2.1 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.
11.1.2.2 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 11.1.1 entitled "Commercial General Liability
Insurance."
11.1.2.3 Under either situation described above in Section 11.1.2.1. and Section
11.1.2.2., 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 AGREEMENT 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
AGREEMENT. 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 AGREEMENT.
11.1.5Failure of either or all of the additional insureds to report a claim under such insurance shall
not prejudice the rights of the CITY, its officers, employees, agents, and representatives
there under. The CITY and the CITY's elected and appointed officials, officers,
principals, employees, representatives, volunteers 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 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.
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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 hereby authorizes the ENGINEER to subcontract with professional service firms for the
purpose of completing Geotechnical Engineering related to 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.
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. 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 of all disputes arising under this
AGREEMENT shall be Yakima County, State of Washington.
SECTION 16 EQUAL EMPLOYMENT AND NONDISCRIMINATION
16.1 During the performance of this AGREEMENT, ENGINEER and ENGINEER's subconsultants and
subcontractors shall not discriminate in violation of any applicable federal, state and/or local law or
regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, or 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 PROJECT in
the event CITY does not pay invoices when due, except where otherwise provided by this
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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 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.
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
termination.
18.3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price
pursuant to the AGREEMENT shall be made, but (1) no amount shall be allowed for anticipated
profit on unperformed services or other WORK, and (2) any payment due to the ENGINEER at the
time of termination may be adjusted to the extent of any additional costs or damages CITY has
incurred, or is likely to incur, because of the ENGINEER's breach. In such event, CITY shall
consider the amount of WORK originally required which was satisfactorily completed to date of
termination, whether that WORK is in a form or of a type which is usable and suitable to CITY at
the date of termination and the cost to CITY of completing the WORK itself or of employing another
firm to complete it. Under no circumstances shall payments made under this provision exceed the
contract price. In the event of default, the ENGINEER agrees to pay CITY for any and all damages,
costs, and expenses whether directly, indirectly, or consequentially caused by said default. This
provision shall not preclude CITY from filing claims and/or commencing litigation to secure
compensation for damages incurred beyond that covered by contract retainage or other withheld
payments.
18.4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience,
the adjustment pursuant to the AGREEMENT shall include payment for services satisfactorily
performed to the date of termination, in addition to termination settlement costs the ENGINEER
reasonably incurs relating to commitments which had become firm before the termination, unless
CITY determines to assume said commitments.
18.5 Upon receipt of a termination notice under subsections 18.1 or 18.2 above, the ENGINEER shall
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to CITY all originals of data, drawings, specifications, calculations,
reports, estimates, summaries, and such other information, documents, and materials as the
ENGINEER or its subconsultants may have accumulated or prepared in performing this
AGREEMENT, whether completed or in progress, with the ENGINEER retaining copies of the
same.
18.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK
to completion utilizing other qualified firms or individuals; provided, the ENGINEER shall have no
responsibility to prosecute further WORK thereon.
18.7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined
that the ENGINEER has not so failed, the termination shall be deemed to have been effected for
the convenience of CITY. In such event, the adjustment pursuant to the AGREEMENT shall be
determined as set forth in subparagraph 18.4 of this Section.
18.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the
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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 of this AGREEMENT, or in the event
of a notice of default as to whether such default does constitute a breach of the AGREEMENT, 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 either of the afore mentioned methods are not
successful then any dispute relating to this AGREEMENT shall be decided in the courts of Yakima
County, in accordance with the laws of Washington. If both parties consent in writing, other
available means of dispute resolution may be implemented.
SECTION 20 NOTICE
20.1 Any notice required to be given under the terms of this AGREEMENT shall be directed to the party
at the address set forth below. Notice shall be considered issued and effective upon receipt thereof
by the addressee-party, or seventy-two (72) hours after mailing by certified mail to the place of
business set forth below, whichever is earlier.
CITY: City of Yakima
Attn: Mike Shane, Water/Irrigation Engineer
2302 Fruitvale Blvd.
Yakima, WA 98902
ENGINEER: HDR Engineering
Attn: Mike Garello, PE, Project Manager
4717 97th Street
Gig Harbor, WA 98332-5710
SECTION 21 SURVIVAL
21.1 The foregoing sections of this AGREEMENT shall survive the expiration or termination of this
AGREEMENT in accordance with their terms.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by
their respective authorized officers or representatives as of the day and year first above written.
CITY OF YAKIMA HDR ENGINEERING
Signature Signature
Printed Name: Robert Harrison Printed Name:
Title: City Manager Title:
Date: Date:
Attest
City Clerk
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STATE OF WASHINGTON
ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that Robert Harrison 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:
STATE OF WASHINGTON
ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that is the person
who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated
that he/she was authorized to execute the instrument, and acknowledged it as the
of HDR Engineering to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
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EXHIBIT A
SCOPE OF SERVICES
PROJECT DESCRIPTION NO. 1:
CITY OF YAKIMA
Nelson Dam Replacement
(Project IC2010)
HDR Project No. 10173276
SCOPE OF SERVICES:
Schedule Assumptions
Remove and replace as follows.
• The contract for this scope of services will occur from May 15, 2019 through June 1, 2023.
• The Phase I project will go to bid in April of 2021.
• Phase I construction will begin during the negotiated environmental work window in 2021 which
begins in July.
• Phase II Design Documentation and Issued for Bid documents will be completed by January
2023.
Task 100—General and Stakeholder Coordination
Phase I and 11 100% complete. Revised as follows.
Assumptions
• Upon completion of design phase coordination, weekly meetings will be accomplished as
described in Task 800 Construction Engineering Services.
Task 200—Site Reconnaissance and Data Collection
Phase I and II 95% Complete. Amended as follows.
Task 201 —Geotechnical Investigation
Phase I and 11 100% Complete. No amendment proposed.
Task 202—Topographic Survey and Basemapping
Phase I and II 90% Complete. Add the following.
Objective
• Prepare permanent and temporary easement documentation for construction of the Phase II
pipeline, revision of the municipal drain at the City's settling pond and prepare record of survey as
required by DNR.
• Support Flood Elevation Certification required by County of Yakima.
• Perform record survey of selected project features to be used as part of survey control
documentation and Record Drawings.
ENGINEER Services
1. Prepare preliminary and final permanent easement boundary exhibit with calculated boundary
description for Phase II pipeline at the following locations.
a. Phase II pipeline easement near the existing sediment pond
b. Phase II municipal drain easement near the existing sediment pond
c. Phase II pipeline access and maintenance easement at Old Union Canal tie-in
d. Phase I record of survey and project easement for WA Department of Natural Resources
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2. Prepare Flood Elevation verification certificate and record of survey for Phase I utility building
foundation at 100% design, pre-concrete pour, and at floor completion.
3. Prepare tie-in and record of survey for up to three (3), post construction survey monuments.
Client Responsibilities
• Provide timely review consolidated comments on preliminary easement documentation within 14
days after submission.
• Coordinate transmittal of record of survey to DNR.
Assumptions
• HDR will coordinate submittal of Flood Elevation certification surveys to the County.
Deliverables
• Draft and Final Easement Exhibits with boundary line descriptions.
• Draft and Final DNR Record of Survey
Task 300- Design Criteria Development
Phase 1 and 11 100% Complete. No amendment proposed.
Task 400-Concept Design Update Workshop
Phase I and 11 100% Complete. No amendment proposed.
Task 500—Hydrologic and Hydraulic Design
Phase I and II 90% Complete. Amended as follows.
ENGINEER Services
Add the following.
1. Prepare and submit a Draft and Final No-rise Technical Memorandum to the Yakima County
FCZD and building/flood official based on the structure and associated grading detailed in the
final bid package.
2. Prepare SRH-2D model runs to evaluate three (3) potential failure mechanisms and adjust
design calculations to accommodate foreseen factors that may contribute to future hydraulic
variability.
3. Coordinate with County FCZD and County Roads to evaluate potential for hydraulic and physical
variability at the South Naches Road embankment and incorporate model results and narratives
to describe the potential for future channel variability.
4. Respond to up to three (3) rounds of comments originating from County FCZD.
Assumptions
Add the following.
• It is assumed that up to three (3) failure scenarios will be developed and evaluated using SRH-
2D. The failure scenarios will include severe toe scour alternative, crest obstruction alternative,
WSDOT bridge abutment widening alternative.
• It is assumed that the Hydraulic Model Summary Report will be comprised of a 150-page
document inclusive of narratives, tables, figures, and attachments.
• The Final Hydraulic Modeling and Summary Report submitted at the 100% level of completion will
be sealed and signed by a Civil Engineer licensed in the State of Washington.
Deliverables
Remove and replace as follows.
• Electronic copy of the Hydraulic Modeling Summary Report to document findings at the 30% and
90% level of design
• Final Sealed Hydraulic Modeling Summary Report
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• Draft and Final No-rise Technical Memorandum
• Electronic copies of the final HEC-RAS and SRH-2D model files
Task 600—Design Documentation Report
Phase I and II 90% Complete. Amend as follows.
ENGINEER Services
Add the following.
1. Prepare and submit a 90% DDR for review by the City and County and distribution by the City.
Client Responsibilities
Remove and replace as follows.
• Coordinate timely documentation review and provide no more than two sets of comments to
ENGINEER within 14 days of submission for incorporation at the TOC, 60%, 90%, and 100%
level of completion.
Assumptions
Remove and replace as follows.
• ENGINEER will track, respond to, and incorporate comments received, as appropriate, on the
60%, 90%, and 100% Design Documentation Report.
• For budgetary purposes, it is assumed that the Design Documentation Report 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 complete report.
• The Final Design Documentation Report will be sealed and signed by the responsible engineers
licensed in the State of Washington.
Deliverables
Remove and replace as follows.
• Electronic copy of the 60%, 90%, and 100% DDR
Task 700—Construction Documentation
Phase I and II 95% Complete. Amend as follows.
Client Responsibilities
Remove and replace with the following.
• Coordinate timely documentation review and provide no more than two sets of comments to
ENGINEER within 14 days of submission for incorporation at the 30%, 60%, 90%, 95%, and
100% level of completion.
• Respond to and provide input to design issues and questions identified by the design team.
• Coordinate WSDOT easement requirements and provide additional design requirements to HDR
for incorporation.
Assumptions
Add the following.
• Phase II drawings shall include coordination efforts and development of details required for
WSDOT easement review and approval.
Task 701 —30% Design
Phase I and 11 100% Complete. No amendment proposed.
Task 702—60% Design
Phase I and 11 100% Complete. No amendment proposed.
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Task 703—90%(Phase I and II) and 95% Design (Phase II only)
Phase I 100% Complete. Phase II 90% Complete. Add the following.
• A 95% Design set of drawings will be prepared for Phase II of the project to accommodate the
results of coordination efforts and additional details required by WSDOT as part of easement
acquisition process.
o All assumptions from the 90% design submittal apply.
o The 95% set of drawings will require up to four (4) additional detail sheets.
o Up to three (3) HDR staff will attend up to five (5) additional 1-hr coordination meetings with
WSDOT and the City.
o It is assumed that the City will lead WSDOT coordination and easement acquisition efforts
supported by the technical details and information provided by HDR.
Task 704—100% Design
Phase 1100% Complete. Phase II 0% Complete. No amendment proposed.
Task 705—Preparation of Final Bid Documents
Phase I 100% Complete. Phase II 0% Complete. Remove Task 705 and replace as follows.
ENGINEER will assist the City in preparing Bid Documents for Phase I and Phase II of the Nelson Dam
Replacement project. This task will include assistance with incorporation of the final 100% construction
drawings, technical specifications, and bid items from the OPCC prepared as part of Task 700 into complete
bidding documents with bidding instructions, contract terms, conditions, and general requirements
(Divisions 00 and 01) using national EJCDC standards.
Objective
Complete a set of Phase I and Phase II Bid Documents used to solicit bids from eligible and responsive
construction contractors.
ENGINEER Services
1. Prepare bidding instructions and contract requirements to reflect the requirements of Phase I
and Phase II of the Nelson Dam Replacement Project. Modifications may include but are not
limited to the following:
a. Schedule requirements,
b. Bidder qualifications and responsibility criteria,
c. Cost Items form that OPCC, Bid Form, and approximate quantities, and
d. Description of work.
e. Project bid item schedule
2. Incorporate City's standard contract language into Division 0 bidding and contract requirements
including:
a. Invitation to Bid
b. Contract/Agreement
c. Contract Bond
d. Bid Bond
e. Prevailing Wage Requirements
f. Non Collusion Declaration
g. Certificate of Liability Insurance
h. Women and Minority Business Enterprise Policy
3. Development of Division 01 Specifications—General Requirements.
4. Development of Draft and Final bid notices and announcements.
5. Development of 'For Information Only' data
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6. Provide sealed, electronically-signed drawings, specifications, and project manual as "Issued for
Bid."
Client Responsibilities
• Provide the City's standard MS word compatible bidding instructions, insurance requirements,
Division 00 specifications, and any specific Division 01 specifications that are specifically desired
by the City.
• Review draft Division 00 and Division 01 documentation and provide tracked changes (MS Word)
and/or redline mark-ups (PDF) prior to finalization.
Assumptions
• Engineering services provided during the bidding process, bidder selection, response to RFIs,
and preparation of addenda are included as part of Task 801.
• Division 0 will be prepared using EJCDC standard bidding and contract documentation provided
by HDR.
• Division 01 specifications to be prepared using HDR's Master 6-digit CSI format.
• It is currently assumed that the project would be bid and contracted as a total lump sum or lump
sum by schedule of values method.
Deliverables
• Draft and Final Division 00
• Draft and Final Division 01 specifications
• One Final "camera-ready" sealed and electronically signed .pdf copies of final bid documents
including drawings and specification Divisions 00 through 40.
• One Final set of 'For Information Only' documents in PDF format.
Task 800 Construction Engineering Services
Phase I 15%% Complete. Add the following subtasks 801, 802, 803, 804, and 805.
Tasks 801 through 805 provide the anticipated engineering services that will be provided throughout the
Phase I construction period which is scheduled to be completed by April 2023.
Phase II Construction Engineering Services is not currently budgeted and will be included as a future
contract amendment.
Task 801 Bid Support Services
Phase I 100% Complete. Add the following subtask 801.
Task Objective
• The purpose of this task is to initiate, manage, and complete bidding support services for Phase I
of the project as Owner's Representative.
HDR Services
1. Provide project description for the advertisements and notices announcing or soliciting bids for
the project and coordinate with the Seattle Daily Journal of Commerce to get the advertisement
posted.
2. Establish and maintain an HDR SharePoint website to manage registered plan holders and to
provide access to bid documents, informational only documents, question and answer matrix,
and Addenda.
3. Record all bidder's questions and develop, with the City's input, the Engineer's response.
Establish and maintain a Questions and Answer matrix. When approved by the City, make the
Questions and Answer matrix available to all registered plan holders for viewing on the HDR
SharePoint website.
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4. Arrange and conduct one virtual non-mandatory pre-bid conference and one non-mandatory in-
person site meeting. Record all questions and requests for additional information, and issue
copies of the notes or other documentation to the attendees.
5. As necessary and as approved by the City, prepare and issue up to five (5) Addenda that
address bidder questions to the Bidding Documents.
6. Assist the City to evaluate bids received to determine compliance with responsibility criteria
established for bidders by HDR and the City as part of Task 705.
7. Prepare Draft and Final Bid Recommendation form and letter based upon final Bid Forms
provided by bidders.
8. Assist the City with developing a separate Request for Bid for the procurement of large diameter
rock and potential delivery from local quarries.
9. Assist the City with the evaluation and selection of the rock material Bids.
Client Responsibilities
• Coordinate City's legal representative with HDR regarding recommendations of award that may
involve waiver of formalities or irregularities in the Bids.
Assumptions
• The non-mandatory pre-bid conference will be virtual.
• The non-mandatory in-person site walk will be at the project site.
• Electronic copy of the pre-bid conference agenda and PowerPoint Presentation for up to (8) City
and County staff, up to forty-five (45) potential bidders, and Consultant staff will be furnished.
• HDR is responsible for the coordination, invitation, and facilitation of the pre-bid virtual meeting
and in-person site-meeting.
• For budgetary purposes, the virtual pre-bid agenda, notes, and attendance assumes 6 hours for
three (3) HDR staff.
• For budgetary purposes, the site meeting agenda, notes, and attendance assumes 16 hours for
three (3) HDR staff.
• For budgetary purposes, the preparation of addenda assumes 8 hours each for seven (7) HDR
staff.
• For budgetary purposes, the review of bids assumes 12 hours each for two (2) HDR staff.
Deliverables:
• Project specific plan holder SharePoint Site
• Pre-bid conference agenda in pdf format.
• Completed question and response matrix in SharePoint.
• Up to five (5) Addenda transmitted via SharePoint.
Task 802 Engineering Services During Construction
Phase I 10% Complete. Add the following subtask 802.
Task Objective
• HDR will provide a Project Manager, Construction Contract Lead, and additional technical and
administrative staff to administer the construction contract on behalf of the City. HDR 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) by
comparison to Engineer's Opinion of Probable Construction Cost to establish a reasonably
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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. 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 (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.
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 of Yakima, Yakima County, Irrigation Companies, 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 Streamflow Bypass Conference: Prepare for and facilitate virtual
conference prior to initiating any 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 July 2021 through April 2023 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.
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d. Internal Weekly Construction Progress Meetings: Coordinate and facilitate weekly virtual
construction meetings between July 2021 through April 2023 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 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, Work Change Directives, Change Orders, and correspondence between Consultant,
Contractor, utility companies/agencies, other parties, County, and City.
Client 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 assure City project
objectives are achieved.
• 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 HDR 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 July 2021 through April 2023.
• All correspondence relating to the review and response of Submittals, RFIs, Change Orders,
Schedules, Application for Payment, will be performed electronically through the DMS.
o HDR Team, City, County, and Contractor will be provided access to HDR's Newforma
Document Management System.
o HDR 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.
• HDR Team Staff:
o Construction engineering services requires the participation of multiple engineering
disciplines and design engineers. Specific HDR team members providing services related to
this task will vary as appropriate to complete the services described up to the budget
allocated for this task. Estimated 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 500 submittals will require administration, review, and response
development at an average budget of 3-hours per submittal spread between multiple HDR
disciplines.
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o HDR 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 125 RFIs will require administration, review, and response
development at an average budget of 2-hours per RFI spread between multiple HDR
disciplines.
o HDR will coordinate participation and external reviews with representatives from the City
and County when required.
o Actual review and response time may vary depending upon clarity and complexity of the
RFI.
• Change Orders
o HDR will process and review up to 25 change orders and assist the City in negotiation of
each change order. It is estimated that, on average, it will take six (6) hours to prepare,
process, and negotiate pricing per occurrence.
o Change Orders—A document which is signed by the Contractor and Owner and authorizes
an addition, deletion, or revision in the work that impacts Contract Price or Contract Time.
Change Orders will incorporate the following items:
o Field Orders—minor changes to the Contract Documents directed by the City or
HDR CM that do not impact Contract Price or Contract Time.
o Work Change Directives—changes to the Contract Documents directed by the
City in the field that impact Contract Price and/or Contract Time with the work
being performed on Time and Materials.
o Change Proposal Requests—requests by the Contractor or Owner to change the
Contract Documents that requirement agreement on changes to Contract Price
or Contract Time prior to proceeding with the work.
o HDR 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 HDR Team's recommendations for payment can be modified until final payment is approved
and authorized by the City.
o Up to 24 payment applications will be reviewed by HDR.
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
o Assume HDR will coordinate, facilitate, prepare agenda and meeting notes.
o Budget assumes up to two (2) HDR team members attending in person 2-hour
meeting in Yakima, WA.
o Budget includes travel expenses.
o Dewatering and Streamflow Bypass Meetings
o Assume HDR will coordinate and facilitate up to three (3) virtual meetings.
o Budget assumes up to four (4) HDR team members spread between different
disciplines for each 1.5-hour meeting.
o Weekly Construction Progress Meetings
o Assumes that Construction Contractor will coordinate and facilitate up to 100 1-hr
meetings.
o HDR budget assumes that at least one HDR staff will attend in person for 75
meetings, and one will attend virtually for all 100 meetings.
o Budget includes travel expenses for 75 meetings.
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o Internal Weekly Construction Progress Meetings
o Assumes that HDR will coordinate, prepare agenda, and record meeting notes
for up to 100, 1-hr, virtual meetings.
o HDR budget assumes that up to three (3) staff will attend each meeting.
o Technical Coordination Meetings
o Assumes that HDR will attend general technical coordination meetings on an
impromptu basis up to an allocated budget.
o HDR budget assumes that up to two (2) HDR staff will attend up to 50 additional
1-hr meetings.
o Meetings are assumed to be virtual, and no travel expenses are included.
• City has the sole responsibility to authorize changes to the construction contract. City will provide
HDR team with copies of fully executed Change Orders after signed by City and Contractor.
• Additional or extended services will be provided under a separate negotiated contract
amendment during construction if necessary, do to circumstances beyond the control of HDR.
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
Task 803 On-Site Engineering and Observation Services
Phase I 5% Complete. Add the following subtask 803.
Task Objective
• Provide discipline specific in-person oversight of key 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 and identify conditions or materials that may not be in conformance
with the construction contract. Observations will be performed by applicable engineering
discipline leads for the following anticipated activities.
a. Establishing clearing limits (assume two (2) days)
b. Construction isolation, river bypass construction, dewatering and fish relocation (assume
ten (10) days)
c. General earthwork including excavation, improvements, sorting, stockpiling, import,
placement, and compaction of aggregate, soil, and earth (assume ten (10) days)
d. Foundation conditions prior to the placement of rock foundations, rock slope protection,
concrete slabs, and structures (assume six (6) days)
e. Rock extraction, sorting, and stockpiling at selected quarries (assume six (6) days)
f. Rock selection and placement at the project site (assume fifteen (15) days)
g. Concrete forming, reinforcement steel, and miscellaneous metal embeds (assume ten (10)
days)
h. Structural concrete placement for sluiceway, intake, and ramp (assume ten (10) days)
i. Installation of steel components such as trashracks, grating support, grating surfaces, and
guardrails (assume ten (10) days)
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j. Utility building construction including slabs floor, walls, roofing, doors, and hardware
(assume three (3) days)
k. Mechanical equipment including fish screens, water control gates, sediment resuspension
systems, flow and water level measurement devices, pumps, compressors, and HVAC
(assume fifteen (15) days)
I. Pilot channel configuration and grading (assume two (2) 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.
Client Responsibilities
• None identified
Assumptions
• 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 100 days on-site (see assumed number of days in list of
services) of which 70% is assumed can occur and be accounted for during attendance at
weekly construction meetings. Therefore, initial budget is based upon 30 additional days of
on-site observation.
o Budget assumes that up to two (2) HDR 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 30 occurrences.
o This task requires the participation of multiple engineering disciplines and design engineers.
Specific HDR team members providing services related to this task will vary as appropriate
to complete 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
• Field reports, photographs, and recommendations for correction.
Task 804 Start-Up and Commissioning
Phase I 0% Complete. Add the following subtask 804.
Task Objective
• The start-up and commissioning process tests the system for compliance with design objectives,
project operations intent, and coordinates with the City's operations system.
• HDR will provide HDR Team design staff on site to coordinate testing activities and observe
operations to gauge compliance with design and operations intent.
ENGINEER Services
1. Review and approve 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, HDR'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
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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 HDR 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.
Client 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 15 days on-site.
o Budget assumes that up to three (3) HDR staff may attend on average during the additional
on-site observation 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 HDR team members providing services related to this task will vary as appropriate
to complete 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
• Reviewed and completed 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 805 Construction Close-Out and Operations & Maintenance Manual
Phase I 0% Complete. Add the following subtask 805.
Objective
• Coordinate project approvals and close-out as described in the contract documents.
• Prepare record drawings, final records, and project files for the project.
• Prepare a facility operations and maintenance manual for the full project.
ENGINEER Services
1. Perform Substantial Completion Inspections
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 HDR'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.
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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.
• 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
o Receive and review Contractor's required final completion submittal.
o Coordinate and attend the final inspection meeting and physical walk-through of the Project,
including:
o Schedule the final inspection date and notify Contractor, City and any Regulatory Agencies.
o Assemble the final completion submittal documents, required by the Contract Documents,
for the final inspection meeting and review them with the various parties.
o Conduct, document and distribute the findings of the final inspection.
o Collect close-out documents required by the Contract Documents and electronically
transmit to the City and Contractor via the DMS.
o Transmit Contractor's Final Application and Certificate for Payment to City for processing by
City.
3. Provide oversight and prepare Draft and Final Record Drawings
o 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.
o The Project O&M Manual will provide the following minimum information:
• An overall narrative describing the principal operation of the system.
• An overview of all components, their relationship to each other and the overall system.
• A list of anticipated routine inspections, operations, and preventative maintenance of the
facility and each facility component.
• A preventative maintenance schedule for each major piece of equipment at the facility.
• The manual will reference vendor supplied equipment O&M manuals which will be
housed under a separate cover.
• Pictures and diagrams of the facility.
5. HDR 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.
Client Responsibilities
• Participate in Substantial Completion and Final Completion Inspections, list reviews, and observe
that corrections have been made to the City's satisfaction.
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• Provide final approval of Substantial Completion and Final Completion recommendations and
certification letters prepared by HDR.
• Review and provide comments on Draft Record Drawings and Operations and Maintenance
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 a licensed Land Surveyor.
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 A Record Drawing stamp will be added to each sheet in the plan set so that the HDR Team
and City can sign the Record Drawing plan set.
o CAD formatting standards shall be the same as those used for the design phase.
• Operation and Maintenance Manual will be prepared as follows:
o Will be prepared 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 900- Permitting Support
Phase I and 11 95%complete. Amend as follows.
Task 901 —Internal Environmental Kickoff Meeting
Phase I and 11 100% Complete. No amendment proposed.
Task 902—Agency Outreach and Coordination
Phase I and 11 100% Complete. No amendment proposed.
Task 903—Environmental Field Work
Phase I and 11 100% Complete. No amendment proposed.
Task 904—Documentation/Reports
Phase I and 11 100% Complete. No amendment proposed.
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Task 905—Federal and State Application Preparation
Phase 1 and 11 100% Complete. No amendment proposed.
Task 906—Local Permit Preparation
Phase I and 11 100% Complete. Amended as follows.
Assumptions
• Phase 1 construction has been exempted from county shoreline and demolition permit
requirements, and no modifications to those exemption determinations will be required.
• Phase 1 construction will not require new SEPA analysis.
Task 907—Permit Coordination and Support
Phase 1 and 11 90%complete. Amend as follows.
ENGINEER's permitting team will provide continuing support during agency review of applications and
permit submittals for Phase I and Phase II projects through April 2023.
Objective
Remove and replace as follows.
• Facilitate an efficient and organized permit submittal and acquisition process for Phase I and
Phase II projects.
Assumptions
Add the following.
• For portions of the pipeline that extend into the city of Yakima limits, including the pipeline
crossing of Cowiche Creek, the City will assume all local permitting responsibilities.
• On-going Phase 2 design will not require adjustments to the original study area for environmental
and cultural resources, or substantive changes to the in-water work at Cowiche Creek. If changes
to the study area occur, effort associated with inclusion of the new area will require a contract
amendment at a future date.
• The USACE permit for Phase 2 construction (nationwide permit 58) expires on March 14, 2026
and the HPA for the full project, including Phase 2, expires on October 26, 2025. If Phase 2 is not
completed by these expiration dates, new permits will be required. The preparation of future
applications to support such new permits is not included under this scope of services.
Task 908—Environmental Compliance Support During Phase 1 Construction
Phase 1 10% Complete. Add the following subtask 908.
ENGINEER's permitting lead will participate in weekly construction status meetings and provide
environmental compliance support for the duration of Phase I construction. Environmental compliance
services for Phase II construction will be included as part of a future contract amendment.
Objective
• Coordinate with on-site construction leads to determine if construction means and methods
comply with existing environmental authorizations and maintain communication with regulators to
develop strategies to acquire amendments, as necessary.
ENGINEER Services
1. Attend weekly internal and external construction meetings for duration of Phase 1.
2. Conduct follow up with regulatory staff as needed to determine process to obtain coverage for
any substantive changes in stream/wetland impact areas, design details, or means and methods
not covered during the initial permitting phase.
3. Prepare for and attend up to two (2) one-hour regulatory meetings with regulatory staff, as
required, to provide status updates on project. Meetings to be held virtually.
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4. Organize and coordinate materials necessary to make timely submittals, as required, for
amendments.
5. Attend up to one (1) onsite meeting with regulatory agencies to walk through progress in
summer of 2022.
Client Responsibilities
• Attend agency coordination meetings and develop project communications as required.
• Submit permit amendment documents, as required, and provide review of documentation.
Assumptions
• In-water construction will be completed by February 28, 2023, and within the current validity
periods for the USACE 404 permit and the WDFW HPA. No extensions for these permits will be
required for Phase 1. If work extends past February 28, 2023, a USACE permit extension, or a
new permit, will be required. Preparation of new permit applications are not included in this scope
of services.
• Limited new analyses of impacts on sensitive environmental resources (e.g., ESA species) will be
required for this task.
• New report deliverables, if required, will be limited to email communications and one round of
JARPA revisions. JARPA revisions will be submitted using track changes and previous figures
and text, to request coverage for any substantive changes to project footprint or cut/fill quantities.
• Special inspections and observations associated with in-field reviews of active in-river work is
included as part of Task 803 Special Inspection and Observation Services.
Deliverables
• E-mail type contact reports documenting miscellaneous communications with regulatory staff
• One (1) round of JARPA revisions as described under assumptions.
Task 1000— Project Management and Administration
50% Complete. Amend as follows.
Assumptions
Revise as follows.
• The project duration is assumed to continue to June 1, 2023.
Deliverables
Add as follows.
• Revised project management plan.
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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.
Title Billing Rate
EIT-Levell $ 109.00
EIT-Levell $ 125.00
EIT-Level3 $ 141.00
Engineer-Level 1 $ 144.00
Engineer-Level 2 $ 160.00
Engineer-Level 3 $ 176.00
Engineer-Level 4 $ 192.00
Engineer-Level 5 $ 208.00
Senior Engineer-Level 1 $ 224.00
Senior Engineer-Level 2 $ 240.00
Senior Engineer-Level 3 $ 256.00
Senior Engineer-Level 4 $ 272.00
Senior Engineer-Level 5 $ 288.00
Senior Engineer-Level 6 $ 304.00
Senior Engineer-Level 7 $ 336.00
Senior Engineer-Level 8 $ 368.00
Biologist-Level 1 $ 128.00
Biologist-Level 2 $ 160.00
Biologist-Level 3 $ 185.00
Biologist-Level 4 $ 210.00
CAD-Level 1 $ 96.00
CAD-Level 2 $ 112.00
CAD-Level 3 $ 128.00
CAD-Level 4 $ 144.00
CAD-Level 5 $ 160.00
CAD-Level 6 $ 176.00
CAD-Level 7 $ 192.00
Project Controller/Assistant-Level 1 $ 96.00
Project Controller/Assistant-Level 2 $ 112.00
Project Controller/Assistant-Level 3 $ 128.00
Project Controller/Assistant-Level 4 $ 144.00
Project Controller/Assistant-Level 5 $ 160.00
Project Manager-Level 1 $ 176.00
Project Manager-Level 2 $ 208.00
Project Manager-Level 3 $ 240.00
Senior Project Manager-Level 1 $ 256.00
Senior Project Manager-Level 2 $ 288.00
Senior Project Manager-Level 3 $ 320.00
Deputy Project Manager-Level 1 $ 160.00
Deputy Project Manager-Level 2 $ 192.00
Deputy Project Manager-Level 3 $ 224.00
Managing Principal-Level 1 $ 288.00
Managing Principal-Level 2 $ 320.00
Managing Principal-Level 3 $ 368.00
QA/QC-Level 1 $ 240.00
QA/QC-Level 2 $ 336.00
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QA/QC-Level 3 $ 384.00
GIS Analyst-Level 1 $ 96.00
GIS Analyst-Level 2 $ 134.00
GIS Analyst-Level3 $ 173.00
Environmental Scientist/Planner-Level 1 $ 96.00
Environmental Scientist/Planner-Level 2 $ 118.00
Environmental Scientist/Planner-Level 3 $ 144.00
Environmental Scientist/Planner-Level 4 $ 173.00
Senior Environmental Scientist/Planner-Level 1 $ 195.00
Senior Environmental Scientist/Planner-Level 2 $ 214.00
Senior Environmental Scientist/Planner-Level 3 $ 237.00
Senior Environmental Scientist/Planner-Level 4 $ 262.00
Architect-Level 1 $ 109.00
Architect-Level 2 $ 141.00
Architect-Level 3 $ 173.00
Architect-Level 4 $ 205.00
Construction Manager-Level 1 $ 208.00
Construction Manager-Level 2 $ 240.00
Construction Manager-Level 3 $ 272.00
Construction Manager-Level 4 $ 304.00
Construction Inspector-Level 1 $ 160.00
Construction Inspector-Level 2 $ 176.00
Construction Inspector-Level 3 $ 208.00
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City of Yakima
2021 Adopted Budget Assumptions
2021 Nelson Dam Debt Need analysis
Total 2021 2022 2023 2024
2021 Budget Grant$ Q1 I Q2 I Q3 I Q4 Q1 I Q2 I Q3 I Q4 Q1 I Q2 I Q3 I Q4 Q1 I U2 I Q3 I Q4
Beginning Fund Balance(est) 4,828,895 4,910,095 5,263,845 3,082,370 2,255,570 1,983,420 3,301,044 2,349,772 585,809 46,784 419,784 792,784 1,165,784 1,268,034 1,641,034 2,014,034
Expenditures-Project costs by funding source
1 Proj cost charged to Dept of Ecol (4,476,000) - - (1,492,000) (1,492,000) (1,492,000)
2 Proj cost charged to User Fees rev (2,572,500) (353,750) (353,750) (373,000) (373,000) (373,000) (373,000) (373,000)
3 Proj cost charged to FBRB (4,134,000) - - - (826,800) (826,800) (826,800) (826,800) (826,800) - - - - - - -
4 Proj cost from fund balance (4,668,311) - - (689,475) - (174,376) (951,272) (1,763,963) (1,089,225) - - - - - -
5 Proj cost charged community Cap Fac (1,298,500) - - - - - - (1,298,500) - - - - - - - -
6 Rivers Legacy Fund (500,000) - - - - - (500,000) - - - -
7 BOR (350,000) (350,000) -
7 Proj cost charged to i/f loan (3,622,942) (1,000,000) (1,712,691) (910,251) - - -total spending (21,622,253) - - (2,535,225) (2,672,550) (2,691,800) (2,224,176) (4,449,572) (4,676,454) (2,372,476) - - - - - - -
cumulativetotalspending (2,535,225) (5,207,775) (7,899,575) (10,123,751) (14,573,323) (19,249,777) (21,622,253)
(0)
Expenditures-Project cost detail
rock bid 1,932,003 (276,000) (276,000) (276,000) (276,000) (276,000) (276,000) (276,000)
construction 18,040,250 (2,577,179) (2,577,179) (2,577,179) (2,577,179) (2,577,179) (2,577,179) (2,577,179)
estimated management contract 1,650,000 (235,714) (235,714) (235,714) (235,714) (235,714) (235,714) (235,714)
total spending 21,622,253 (3,088,893) (3,088,893) (3,088,893) (3,088,893) (3,088,893) (3,088,893) (3,088,893)
cumulative total spending (3,088,893) (6,177,787) (9,266,680) (12,355,573) (15,444,466) (18,533,360) (21,622,253)
Revenues-Sources of Funds (assume 3-month lag grant billing)
1 Dept of Ecology Grant 4,476,000 - - - 1,492,000 1,492,000 1,492,000 - - - - - - - - - -
2 User Fee revenue 5,891,000 353,750 353,750 353,750 353,750 373,000 373,000 373,000 373,000 373,000 373,000 373,000 373,000 373,000 373,000 373,000 373,000
3 Fish Barrier Removal Board Grant 4,134,000 - - - - 826,800 826,800 826,800 826,800 826,800 - - - - - - -
4 Proj cost from fund balance 4,668,311
5 Proj cost charged community Cap Fac 1,298,500 - - - - - 1,298,500 - - - - - - - - -
6 Rivers Legacy Fund 500,000 500,000 - - - - -
7 BOR 350,000 - -
8 Interfund Loan(SOFR+1%)* 3,622,942 - - - - - - 1,000,000 1,712,691 910,251 - - - - - - -
Total revenue 24,590,753 353,750 353,750 353,750 1,845,750 2,691,800 3,541,800 3,498,300 2,912,491 2,110,051 373,000 373,000 373,000 373,000 373,000 373,000 373,000
Expenditures-financing costs
2004 Irrigation revenue bond (272,550) - - - (272,150) - - - (276,600) - - - (270,750) - - -
1st Interfund repayment
(272,550) - - - (272,150) - - - (276,600) - - - (270,750) - - -
EndingFundBalance 4,910,095 5,263,845 3,082,370 2,255,570 1,983,420 3,301,044 2,349,772 585,809 46,784 419,784 792,784 1,165,784 1,268,034 1,641,034 2,014,034 2,387,034
*SOFR is 0.01%at March 29,2021
8/26/2021 1 of 4 Nelson Dam Financing-Final
8/26/2021 2 of4 Nelson Dam Financing-Final
City of Yakima
2021Adopted Budget Assumptions
2021 Nelson Dam Debt Need analysis
Total I 2025 2026 2027
2021 Budget Grant$ Q1 I Q2 I Q3 I Q4 Q1 I Q2 I Q3 I Q4 Q1 I Q2 I Q3 I Q4
Beginning Fund Balance(est) 2,387,034 2,485,134 1,623,821 1,996,821 2,369,821 2,469,071 1,607,759 1,980,759 2,353,759 2,454,309 1,592,996 1,965,996 4,828,895
Expenditures-Project costs by funding source -
1 Proj cost charged to Dept of Ecol (4,476,000) (4,476,000)
2 Proj cost charged to User Fees rev (2,572,500) (2,572,500)
3 Proj cost charged to FBRB (4,134,000) (4,134,000)
4 Proj cost from fund balance (4,668,311) (4,668,311)
5 Proj cost charged community Cap Fac (1,298,500) (1,298,500)
6 Rivers Legacy Fund (500,000)
7 BOR (350,000)
7 Proj cost charged to i/f loan (3,622,942) 1 (3,622,942)
total spending (21,622,253) - - - - _ - - - - - - - - (20,772,253)
cumulative total spending
Expenditures-Project cost detail
rock bid 1,932,003 (1,932,003)
construction 18,040,250 (18,040,2 50)
estimated management contract 1,650,000 (1,650,000)
total spending 21,622,253 (21,622,253)
cumulative total spending
Revenues-Sources of Funds (assume 3-month lag grant bi
1 Dept of Ecology Grant 4,476,000 4,476,000
2 User Fee revenue 5,891,000 373,000 373,000 373,000 373,000 373,000 373,000 373,000 373,000 373,000 373,000 373,000 373,000 10,367,000
3 Fish Barrier Removal Board Grant 4,134,000 4,134,000
4 Proj cost from fund balance 4,668,311
5 Proj cost charged community Cap Fac 1,298,500 1,298,500
6 Rivers Legacy Fund 500,000
7 BOR
8 Interfund Loan(SOFR+1%)* 3,622,942 3,622,942
Total revenue 24,590,753 373,000 373,000 373,000 373,000 373,000 373,000 373,000 373,000 373,000 373,000 373,000 373,000 23,898,442
Expenditures-financing costs
2004 Irrigation revenue bond (274,900) - - - (273,750) - - - (272,450) - - - (1,913,150)
1st Interfund repayment - (1,234,312) - - - (1,234,312) - - (1,234,312) - - (3,702,937)
(274,900) (1,234,312) - - (273,750) (1,234,312) - - (272,450) (1,234,312) - - (5,616,087)
Ending Fund Balance 2,485,134 1,623,821 1,996,821 2,369,821 2,469,071 1,607,759 1,980,759 2,353,759 2,454,309 1,592,996 1,965,996 2,338,996 2,338,996
*SOFR is 0.01%at March 29,2021
8/26/2021 3 of 4 Nelson Dam Financing-Final
8/26/2021 4 of4 Nelson Dam Financing-Final