Loading...
HomeMy WebLinkAbout09/15/2015 05B Naches-Cowiche Dam Diversion Consolidation Project Intake Alternatives Assessment Agreement with HDR Engineering, Inc.ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: '1111111 1, nun 11,1:1141r10 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. S.B. For Meeting of: September 15, 2015 Resolution authorizing a contract with HDR Engineering, Inc. to provide assessment of intake alternatives for the Naches-Cowiche Dam Diversion Consolidation Project not to exceed $146,280 Debbie Cook, Director of Utilities and Engineering David Brown, Water/Irrigation Manager The City and HDR Engineering desire to enter into a contract to assess fish screen and dam configuration options for the Naches-Cowiche Dam Diversion Consolidation Project in order to design a fish screen associated with the irrigation diversions at Nelson Dam and dam modifications to meet the water demands of the City of Yakima, Naches-Cowiche, Fruitvale, and Old Union irrigation canals. This process is intended to work with stakeholders, North Yakima Conservation District, Washington Department of Fish and Wildlife, Yakima County, Yakama Nation and the Bureau of Reclamation to design a new fish screen and dam modifications. The objectives of this design are to: Provide sufficient water to meet the demands of all four irrigation canals, Improve the fish bypass system for the dam, Provide a means to keep gravel from depositing upstream of the Nelson Diversion Dam and thereby hindering the ability of the diversion to receive sufficient water, Provide other infrastructure related to proper function of the fish screen and diversion, Provide a pathway for flood water, Provide adequate fish passage for both upstream and downstream migrants, and Improve fish habitat. Resolution: X Other (Specify): Contract: X Start Date: September 21, 2015 Item Budgeted: Yes Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? Yes Mail to: HDR FISHERIES DESIGN CENTER; 4717 97th Street NW, Gig Harbor, WA 98332 Ordinance: Contract Term: End Date: Until Complete Amount: $147,277 479 Irrigation Improvement Fund Improve the Built Environment Phone: 253-858-5262 APPROVED FOR SUBMITTAL: RECOMMENDATION: City Manager Approve resolution authorizing the City Manager to execute the subject contract ATTACHMENTS: Description d .c.sollulon 1C;orilrad Upload Date 9/2./2015 9/3/2015 Type Resollutlion Contract RESOLUTION NO. R -2015- A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a contract with HDR Engineering, Inc. to provide assessment of intake alternatives to the City for their consideration for the Naches- Cowiche Dam Diversion Consolidation Project IC2010 in order to select an option, not to exceed $146,277. WHEREAS, the City of Yakima Water/Irrigation Division requires engineering, consulting services for the assessment of intake alternatives associated with the Naches- Cowiche Dam Diversion Consolidation Project IC2010; and WHEREAS, the City of Yakima Water/Irrigation Division representatives have complied with the provisions of RCW 39.80 which concerns the procurement of engineering and architectural services by a city; and WHEREAS, the City of Yakima Water/Irrigation Division representatives will continue to comply with the provisions of RCW 39.80 which concerns the procurement of engineering and architectural services by a city for future engineering and architectural services; and WHEREAS, the City of Yakima is participating in the Naches-Cowiche Dam Diversion Consolidation Project in partnership with other state and federal agencies as well as other stakeholders; WHEREAS, the City and the other partners need to assess potential options in consultation with the stakeholders in order to determine an intake alternative option; WHEREAS, HDR Engineering, Inc. has the expertise to provide these professional services and is prepared and qualified to offer them in accordance with the terms of the professional services contract with the City; and WHEREAS, the City Council deems it to be in the best interest of the City to enter into an agreement with HDR Engineering, Inc., for engineering and consulting services associated with the Naches-Cowiche Dam Diversion Consolidation Project 102010 in order to select an intake alternative option; and WHEREAS, the City Council deems it to be in the best interest of the City to authorize the City Manager to execute all other documents related to the Naches-Cowiche Dam Diversion Consolidation Project IC2010 in order to select an intake alternative option; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "City of Yakima — HDR Engineering, Inc. Professional Services Agreement" for professional services to provide assessment of intake alternatives to the City for their consideration for the Naches-Cowiche Dam Diversion Consolidation Project 102010 in order to select an intake alternative option. ADOPTED BY THE CITY COUNCIL this 15th day of September, 2015. ATTEST: Micah Cawley, Mayor City Clerk For City of Yakima Use Only: Contract No. Project No. Resolution No. SOQ No. AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND HDR ENGINEERING, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this day of , 2015, 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, Inc. with its principal office at 8404 Indian Hills Drive, Omaha, NE, 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 professional engineering services under this Agreement for Alternatives Refinement and Conceptual Design for the Naches-Cowiche Diversion and Nelson Dam 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, Jason Hill, PE as Principal -in -Charge throughout the term of this Agreement unless other personnel are approved by the CITY. 2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled "Exhibit A - Scope of Services" (WORK) which is attached hereto and made a part of this Agreement as if fully set forth herein. 2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by ENGINEER can be defined in detail at the time this Agreement is executed, and that additional WORK related to the Project and not covered in Exhibit A may be needed during performance of this Agreement. CITY may, at any time, by written order, direct the ENGINEER to revise portions of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the PROJECT, or request that the ENGINEER perform additional WORK beyond the scope of the PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services." Page 1 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 B, attached hereto and incorporated herein by this reference, and if so authorized, shall be considered part of the PROJECT WORK. The ENGINEER shall not perform any Additional Services until so authorized by CITY and agreed to by the ENGINEER in writing. 2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the date of the ENGINEER's receipt of the written notification of change. SECTION 3 CITY'S RESPONSIBILITIES 3.1 CITY -FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the CITY'S possession relating to the ENGINEER'S services on the PROJECT including information on any pre-existing conditions known to the CITY that constitute hazardous waste contamination on the PROJECT site as determined by an authorized regulatory agency. 3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably accessible to ENGINEER as required for ENGINEER'S performance of its services and will provide labor and safety equipment as reasonably required by ENGINEER for such access. 3.3 TIMELY REVIEW: The CITY will examine the ENGINEER'S studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY deems appropriate; and render in writing decisions required of CITY in a timely manner. Such examinations and decisions, however, shall not relieve the ENGINEER of any contractual obligations nor of its duty to render professional services meeting the standards of care 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 there from. SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION 4.1 In signing this Agreement, CITY grants ENGINEER specific authorization to proceed with WORK described in Exhibit A. The time for completion is defined in Exhibit A, or as amended. SECTION 5 COMPENSATION 5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services described in Exhibit A, compensation shall be according to Exhibit C - Schedule of Specific Hourly Rates, attached hereto and incorporated herein by this reference, on a time spent basis plus reimbursement for direct non -salary expenses. Page 2 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 ENGINEERS 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 Hundred Forty -Six Thousand Two Hundred Seventy -Six Dollars and Eighty -Nine Cents ($146,276.89). 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 an invoice, noting to ENGINEER the questionable item(s) and Page 3 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: (a) ENGINEER agrees to defend, indemnify, and hold harmless the CITY, its elected officials, agents, officers, employees, agents 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 person or any property to the extent caused by any negligent act, Page 4 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. (b) CITY agrees to indemnify and hold the ENGINEER harmless from loss, cost, or expense of any kind claimed by third parties, including without limitation such loss, cost, or expense resulting from injuries to persons or damages to property, caused solely by the negligence or willful misconduct of the CITY, its employees, or agents in connection with the PROJECT. (c) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such third party claim, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity will apply for such proportion. (d) Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 6.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other employee benefit acts. The ENGINEER specifically and expressly waives its immunity under the Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the ENGINEER and the CITY. 6.6 It is understood that any resident engineering or inspection provided by ENGINEER is for the purpose of determining compliance with the technical provisions of PROJECT specifications and does not constitute any form of guarantee or insurance with respect to the performance of a contractor. ENGINEER does not assume responsibility for methods or appliances used by a contractor, for a contractor's safety programs 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. 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 Page 5 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. 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. Page 6 SECTION 10 INSURANCE 10.1 At all times during performance of the Services, 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 Contract. 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. 10.1.1 Commercial General Liability Insurance. Before this Contract 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 Contract. The policy shall name the City, its elected officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 10.1.2. Commercial Automobile Liability Insurance. a. If ENGINEER owns any vehicles, before this Contract is fully executed by the parties, ENGINEER shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. b. If ENGINEER does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may be added to the commercial liability coverage at the same limits as required in that section of this Contract, which is Section 10.1.1 entitled "Commercial General Liability Insurance". c. Under either situation described above in Section 10.1.2.a. and Section 10.1.2.b., the required certificate of insurance shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City, its elected officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 10.1.3. Statutory workers' compensation and employer's liability insurance as required by state law. 10.1.4. Professional Liability Coverage. Before this Contract is fully executed by the parties, ENGINEER shall provide the City with a certificate of insurance as proof of professional liability coverage with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per claim, and Two Million Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The insured shall not cancel the insurance without first giving the City thirty Page 7 (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this contract. The CITY and the CITY'S elected officials, officers, principals, employees, representatives, and agents shall have no obligation for payment of premiums because of being named as additional insureds under such insurance. None of the policies issued pursuant to the requirements contained herein shall be canceled until thirty (30) days after written notice to the CITY of such cancellation. SECTION 11 SUBCONTRACTS 11.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract any portion of the WORK to be performed under this Agreement. 11.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any substitutions thereof, will be subject to prior approval by CITY, which approval shall not be unreasonably withheld. Each 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 to the same extent as ENGINEER is obligated to the CITY hereunder.. 11.3 Not used. 11.4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK completed by subconsultants and subcontractors during the preceding month and copies of all invoices thereto. SECTION 12 ASSIGNMENT 12.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This Agreement may not be assigned by CITY or ENGINEER without prior written consent of the other, which consent will not be unreasonably withheld. It is expressly intended and agreed that no third party beneficiaries are created by this Agreement, and that the rights and remedies provided herein shall inure only to the benefit of the parties to this Agreement. SECTION 13 INTEGRATION 13.1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties. SECTION 14 JURISDICTION AND VENUE 14.1 This Agreement shall be administered and interpreted under the laws of the State of Washington. Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. Venue of all disputes arising under this Agreement shall be Yakima County, State of Washington. SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION 15.1 During the performance of this Agreement, ENGINEER and ENGINEER's subconsultants and subcontractors shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any Page 8 other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. ENGINEER agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. SECTION 16 SUSPENSION OF WORK 16.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond CITY'S control are interfering with normal progress of the WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond ENGINEER's control are interfering with normal progress of the WORK. ENGINEER may suspend WORK on PROJECT in the event CITY does not pay invoices when due, except where otherwise provided by this Agreement. The time for completion of the WORK shall be extended by the number of days WORK is suspended. If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to renegotiation, and both parties are granted the option to terminate WORK on the suspended portion of Project in accordance with SECTION 17. SECTION 17 TERMINATION OF WORK 17.1 Either party may terminate this Agreement, in whole or in part, if the other party materially breaches its obligations under this Agreement and is in default through no fault of the terminating party. However, no such termination may be effected unless the other party is given: (1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an opportunity for consultation and for cure with the terminating party before termination. Notice shall be considered issued within seventy-two (72) hours of mailing by certified mail to the place of business of either party as set forth in this Agreement. 17.2 In addition to termination under subsection 17.1 of this Section, CITY may terminate this Agreement for its convenience, in whole or in part, provided the ENGINEER is given: (1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an opportunity for consultation with CITY before termination. 17.3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other WORK, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to the extent of any additional costs or damages CITY has incurred, or is likely to incur, because of the ENGINEER'S breach. In such event, CITY shall consider the amount of WORK originally required which was satisfactorily completed to date of termination, whether that WORK is in a form or of a type which is usable and suitable to CITY at the date of termination and the cost to CITY of completing the WORK itself or of employing another firm to complete it. Under no circumstances shall payments made under this provision exceed the contract price. In the event of default, the ENGINEER agrees to pay CITY for any and all damages, costs, and expenses whether directly, indirectly, or consequentially caused by said default. This provision shall not preclude CITY from filing claims and/or commencing litigation to secure compensation for damages incurred beyond that covered by contract retainage or other withheld payments. 17.4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience, the adjustment pursuant to the Agreement shall include payment for services satisfactorily performed to the date of termination, in addition to termination settlement costs the ENGINEER reasonably incurs relating to commitments which had become firm before the termination, unless CITY determines to assume said commitments. 17.5 Upon receipt of a termination notice under subsections 17.1 or 17.2 above, the ENGINEER shall (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver or otherwise make available to CITY all originals of data, drawings, specifications, calculations, reports, estimates, summaries, and such other information, documents, and materials as the Page 9 ENGINEER or its subconsultants may have accumulated or prepared in performing this Agreement, whether completed or in progress, with the ENGINEER retaining copies of the same. 17.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK to completion utilizing other qualified firms or individuals; provided, the ENGINEER shall have no responsibility to prosecute further WORK thereon. 17.7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined that the ENGINEER has not so failed, the termination shall be deemed to have been effected for the convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be determined as set forth in subparagraph 17.4 of this Section. 17.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its obligations to complete performance under this Agreement without the concurrence and written approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment shall be made as set forth in subparagraph 17.3 of this Section. SECTION 18 DISPUTE RESOLUTION 18.1 In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If 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 19 NOTICE 19.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at the address set forth below. Notice shall be considered issued and effective upon receipt thereof by the addressee -party, or seventy-two (72) hours after mailing by certified mail to the place of business set forth below, whichever is earlier. CITY: City of Yakima 129 North Second St. Yakima, WA 98902 Attn: David Brown ENGINEER: HDR Engineering, Inc. 4717 97tn Street NW Gig Harbor, WA 98322 Attn: Mike Garello Page 10 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, Inc. Signature Signature Printed Name: Tony O'Rourke Printed Name: Karen Doherty Title: City Manager Title: Vise President Date: Date: Attest City Clerk Page 11 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 signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the CITY MANAGER of the CITY OF YAKIMA, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Seal or Stamp (Signature) Title Printed Name My commission expires: Page 12 STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Seal or Stamp (Signature) Title Printed Name My commission expires: Page 13 EXHIBIT A SCOPE OF SERVICES ALTERNATIVE REFINEMENT AND CONCEPTUAL DESIGN FOR THE NACHES- COWICHE DIVERSION AND NELSON DAM Introduction The intent of this scope of services is to refine and quantitatively evaluate alternatives initially selected as part of the Screening Level Alternatives Assessment prepared by HDR in 2013. Proposed tasks include development of alternative options that bracket the potential impacts and benefits of the project, completion of hydraulic and channel stability assessments, evaluation of alternative options based upon a number of selection factors, selection of one alternative for further development, development of conceptual design drawings, and summarizing anticipated construction, implementation, and lifecycle costs. The information and findings generated as part of this scope of services will be documented in a single Conceptual Design Report that will act as the framework for final design, permitting, and project implementation. All tasks referenced herein will be performed in collaborative manner with the numerous project participants who make up the Naches-Cowiche Dam stakeholder committee. Task 1 Project Administration The purpose of this task is to monitor, control and adjust scope, schedule, and budget as well as provide monthly status reporting, accounting, and invoicing. Services: • Coordinate and manage the project team. • Prepare monthly status reports describing the following: o Work accomplished the prior month and work planned for the upcoming month o A narrative of deliverables; accomplishments; and important meetings. o Current issues relating to the work including budgets and schedules o Issues that need to be resolved to maintain schedule o Proposed resolutions to mitigate the issues • Prepare monthly invoices formatted in accordance with contract terms. • Project manager will coordinate regularly with the City to review project scope, progress, schedule, budget, and actively resolve any issues that may arise. Assumptions: • It is assumed that the project duration will be 12 months • For budgetary purposes it is assumed that approximately 2 hours per week will be required for project management and 2 hours per month for invoicing and progress report preparation. • Invoices will be HDR's standard format. (Dell ii veirabIIes„ • Electronic copies of monthly invoices. • Electronic copies of monthly project progress updates. Page 14 Task 2 Stakeholder Coordination The intent of this task is to participate in bi monthly stakeholder meetings, facilitate the transfer of information among stakeholders, and solicit feedback from project participants that will influence the conclusions of proposed project activities. Services: • Preparation for and attendance at up to four Naches-Cowiche stakeholder meetings in Yakima, WA o Meeting one — Describe the proposed work plan and brainstorm alternatives to be evaluated. o Meeting two — Select options for more detailed analysis and discuss preliminary tradeoffs. o Meeting three — present draft results of alternative evaluation and discuss selection of alternative to move forward into conceptual design. o Meeting four — present draft conceptual design and OPCC of alternative selected by the stakeholders. • Attendance at one additional general meeting as -needed in Yakima, WA • General communication with project participants performed on an "as -needed" basis via telephone conference calls up to the budgeted number of hours. • Review and provide comments on electronic meeting minutes prepared by others. Assumptions: • Travel time from Gig Harbor, WA and related expenses are included in the estimated budget for participation at on-site meetings. • Coordination, facilitation of stakeholder meetings, and initial preparation of meeting minutes will be performed by others. • Stakeholder and general meetings will be attended by up to two HDR team members. • For budgeting purposes, HDR assumes that up to 24 hours of general communication with various project participants will be required and will be spread between various HDR technical disciplines. (Dell ii veirabIIes„ • Miscellaneous agenda items, figures, tables, narratives, PowerPoint presentation slides, and schematic illustrations in support of stakeholder and general on-site meetings. • Comments on electronic meeting minutes prepared by meeting facilitator. Task 3 Development and Refinement of Alternative Options The objective of this task is to begin with the two basic alternatives selected as part of the 2013 screening level alternatives assessment and develop up to four alterative options which characterize the potential range of anticipated alternative performance, impacts, and benefits. The four alternatives will be centered around different dam heights or configurations with supporting fish passage, screening, debris and bedload management, and channel stability options. These four alternatives will be used to bracket the range of potential outcomes which can be evaluated in greater detail and discussed among the project stakeholders. Page 15 Services: • Develop a preliminary list or table of alternative options and permutations to be evaluated as part of this effort for review by project stakeholders. Options to be evaluated are anticipated to include the following: o Four primary alternatives based upon individual dam heights and hydraulic control configurations. For each of the four primary options the following potential elements will be evaluated: • Fish screen and juvenile bypass options • Surface water intake pumping options • Nature -like fishway or fish ladder structures • River training and stability options • Sediment and debris management options • Obtain and incorporate feedback on the potential options and alternative evaluation approach provided by project participants at the first two stakeholder meetings. • Develop a final list of alternative options that will be evaluated as part of this scope of services and make any refinements to the alternative evaluation approach if needed. Assumptions: • Electronic versions of the Preliminary Alternative Options summary will be distributed to the stakeholders by the City one week prior to the first stakeholder meeting. • Feedback obtained from project stakeholders will be incorporated to the extent possible within the scope and budget limitations of this contract. HDR and the City will collaborate to resolve any potential concerns and/or limit inclusion of select comments if necessary. Dell iivera bIIes: • Electronic copy of Preliminary Alternative Options summary to be distributed by the City. • Narratives, tables, and figures documenting results of this task are to be incorporated in the Draft Conceptual Design Report. Task 4 Irrigation Pipeline Capacity Assessment The objective of this task is to evaluate the condition and capacity of existing irrigation pipes which convey water from Nelson Dam to the regulating reservoir and from reservoir to connection at Fruitvale canal. Services: • Contract with HLA to verify existing pipe crown and or/invert elevations at the following minimum locations: o Inlet of both pipe reaches (2), o Outlet of both pipe reaches (2), and o Four locations to be determined with the City and exposed by potholing (4). • Assist the City with videographic inspection of pipe near the inlet, outlet, siphon, and two potholed locations for both pipeline reaches. • Prepare field notes, photographs and elevation data based upon findings from the survey and videographic inspection activities. • Document irregularities, obstructions, leaks, cracks, or other inadequacies identified during inspection. • Perform hydraulic calculations to estimate pipeline capacity based upon existing conditions. Page 16 • Calculate minimum requirements for gravity surface water supply • Identify improvement in the irrigation system that may provide opportunities for lower dam height • Prepare a short Technical Memorandum summarizing methods and findings to be included as an attachment to the Conceptual Design Report Assumptions: • City will be responsible for performing utility locates and potholing at four locations mutually agreed upon by HDR and City. • City will provide and operate video equipment during pipe inspection. • City will be responsible for tapping and repairing pipeline at locations needed for videographic inspection equipment. • One representative from HDR will attend the pipe inspection and will coordinate with HLA and the City to characterize and document pipe conditions. • The anticipated budget to document the methods, results, and conclusions for this task will be based upon a 20 page memorandum complete with photos, figures, and illustrations. (Dell ii veirablles„ • Electronic copy of Draft and Final Technical Memorandum • Electronic copy of pipe inspection video Task 5 Preliminary Hydraulic Evaluation The objective of this task will be to perform hydraulic calculations to characterize impacts, benefits, tradeoffs, and anticipated performance for each of the various project options selected in Task 3. Results from this task will be used in Task 6 and 7 to evaluate and compare alternatives against defined selection factors. Services: • Verify surface water intake objectives and tradeoffs for dam/intake/delivery structures • Obtain, review, and make minor modifications to an existing HEC -RAS model provided by the County of Yakima to characterize proposed alternative options. • Prepare and run four model scenarios using hydrologic profiles recommended by the stakeholders to evaluate and compare relative performance. • Calculate, record, and compare water surface profiles, channel shear, top widths, hydraulic gradients, hydraulic differentials, channel flow velocities, and hydraulic depths throughout the project reach to characterize the anticipated performance of the proposed alternative options. • Identify potential relative impacts or benefits to 100 -yr base flood elevations and summarize future requirements regarding compliance with FEMA regulations. • Calculate temporal and head characteristics of pumping requirements for the different water surface profile scenarios generated from the four dam options. • Confer with stakeholders to identify target fish passage flows anticipated during seasonal migration periods • Confer with stakeholders to identify minimum fish passage requirements for the water surface profile scenarios generated from the dam options. Page 17 Assumptions: • Electronic copies of HEC -RAS modeling files and workmaps in GIS or AutoCAD formats are made available by the County. • The HEC -RAS model provided is representative of existing conditions, as -is. Dell II ii vera blies: • Narratives, tables, and figures documenting the methods and results of the preliminary hydraulic design task are to be incorporated in the Draft Conceptual Design Report. Task 6 Brief Channel Stability Assessment The objective of this task is to incorporate information available from County consultant studies with the results of Task 5 in order to make specific conclusions regarding relative potential impacts or benefits of four alternatives. Results from this task will be used in Task 7 to evaluate and compare alternatives against defined selection factors. Services: • Review new informational studies that have taken place since the completion of the 2013 screening level alternatives assessment by HDR. • Coordinate with the County Water Resources Division and their consultant to qualitatively document anticipated overall channel behavior and anticipated geomorphic response (such as river bend migration, bar formation, channel cutoffs, floodplain connectivity, and river reach sediment storage characteristics) to changes made at the project location. • Confer on the general river stability assessment in conjunction with the modeling proposed in Task 5 for each of the applicable alternative options which may include modification of vertical and horizontal channel characteristics. Channel form prediction calculations and reach scour calculations will be completed to assist in assessment of anticipated future trends. • Identify concept level channel trends, impacts, and benefits associated with alternative options. • Confer on and identify the relative need for introduction of channel stabilization or re- training features as part of alternative formulation and conceptual design to maintain anticipated project performance. Assumptions: • New readily available information will be provided to HDR by the County within four weeks of NTP. (Dell ii veirabIIes: • Narratives, tables, and figures documenting the activities of the Brief Channel Stability Assessment are to be incorporated in the Draft Conceptual Design Report. Task 7 Alternative Evaluation and Selection The intent of this task is to evaluate the four primary alternatives and generate conclusions regarding how well each option meets a number of key selection factors for this project. Alternative evaluation will be based upon the information generated as part of Task 2 through 6 and will be performed collaboratively with project stakeholders. Page 18 Services: • Refine four primary alternatives based upon the results of Tasks 3 through 6. • Verify selection factors and alternative evaluation methodology with stakeholders. It is anticipated that the evaluation factors may include the following: o Fish passage o Surface water supply o Sediment continuity o Channel stability o Debris and sediment management o Flood conveyance o Adaptability o Fundability o Permitting constraints o Relative operation costs o Relative capital costs • Evaluate the alternatives by rating and scoring them based upon the information generated in Tasks 5 and 6. • Incorporate feedback obtained from project stakeholders and incorporate comments into the alternative evaluation process. • Assist the City facilitate selection of one alternative to be developed to a conceptual level of design. Assumptions: • One alternative will be selected for further design development. (Dell ii vera bIIes: • Narratives, tables, and figures documenting the alterative selection process are to be incorporated in the Draft Conceptual Design Report. Task 8 Conceptual Design The intent of this task is to further develop the design details associated with the one alternative selected in Task 7. Design information will be developed to a level suitable for preparation of budgetary construction and lifecycle costs as well as to describe the horizontal and vertical information of the major project elements. Services: • Develop concept plans, elevations, partial plans, and typical sections to illustrate the major elements of the alternative selected for further design development. The level of detail will be sufficient to support development of a Class IV Opinion of Probable Construction Cost. • For budgetary development purposes, the drawing sheets are anticipated to include but not be limited to the following. • Overall proposed project site plan • River and dam/diversion structure plan and profile • Intake structure plan and elevations • Fish passage plan and profile • Typical sections Page 19 • Prepare additional preliminary hydraulic, mechanical, or structural calculations as needed to support concept development. Assumptions: • It is assumed that background contours will be developed from Lidar data or existing survey data provided to HDR by the County or City. • Detailed topographic survey information will be obtained during the final phase of design development as part of a future contract with the City. • The list of drawings may be modified as needed by HDR to accommodate various design features as they develop. For budgetary purposes, it is assumed that 4 to 7 sheets will be developed. • City will make available the Feasibility Study — Consolidation of the Nelson Dam Fruitvale and Old Union Diversions, and Associated Fish habitat Enhancement. 2004. Dell ii veirablles„ • Draft and final conceptual design drawings. • Calculations, narratives, figures, and preliminary design criteria are to be incorporated in the Draft Conceptual Design Report. Task 9 Develop OPCC and Anticipated Project Lifecycle Costs The objective of this task will be to prepare the anticipated construction, implementation, and lifecycle costs for the selected alternative. Services: • Prepare draft and final Class IV OPCC based upon the conceptual designs resulting from Tasks 3 through 8. • Prepare a project lifecycle cost model including budgetary estimates for final design, permitting, administrative, maintenance, operational, and recurring costs amortized over a 30 -year project life. Assumptions: • Final anticipated costs will be incorporated into the body of the Conceptual Design Report along with any detailed information which will be provided as an attachment. IDelliiveirablles„ • Draft and final OPCC • Draft and final project lifecycle costs Task 10 Preparation of Conceptual Design Report The objective of this task is to document the process, findings, and conclusions associated with completion of Tasks 3 through 9. This document will be used as the initial framework for gathering additional data, completing further design development, scoping environmental permits as part of the next phase of project implementation. Services: • Prepare a draft Conceptual Design Report which documents the methods, findings, and process associated with alterative refinement, assessment, selection, and conceptual design of the alternative selected by the project stakeholders. At a minimum the report will include the following sections: Page 20 o Executive Summary o Introduction and Background o Alternative Refinement o Alternative Selection o Summary of Primary Design Elements o Preliminary Design and Operational Criteria for Selected Option o Implementation Costs o Summary of Potential Permitting Requirements o Funding Options o Next Steps and Additional Data Needs • Prepare a final Conceptual Design Report incorporating comments received by project stakeholders. Assumptions: • The final table of contents will be coordinated with the City as development of the draft Conceptual Design Report occurs. • For budgetary purposes, it is assumed that the document will result in a report with approximately 100 pages including figures, illustrations, and attachments. • The draft Conceptual Design Report will be submitted to the City for distribution to the project stakeholders. • The City will coordinate collection and distribution of one consolidated set of comments from City reviewers and other participating stakeholders to HDR prior to preparation of the final document. (Dell ii veirabIIes„ • Electronic copy of the draft and final Conceptual Design Report Task 11 Preparation of Final Design Documents HDR will prepare final design documents and will support the City with preparation of permits required for project construction. The scope for this task will be developed and an amendment to this contract will be issued by the City to perform these services upon completion of the conceptual design activities referenced herein. Page 21 Summary of Submittal Schedule and Anticipated Milestones Deliverables and Anticipated Milestones Anticipated Date or Timeframe Invoices Monthly Project progress updates Monthly Comments on meeting minutes As Needed Preliminary alternative options summary 2 weeks after NTP Stakeholder Meeting No. 1 September 2015 Pipe Inspection October 2015 Draft Pipe Inspection Memorandum November 2015 Final Pipe Inspection Memorandum December 2015 Pipe inspection video 1 week after field inspection Stakeholder Meeting No. 2 January 2016 Alternative Evaluation November 2015 through February 2016 Stakeholder Meeting No. 3 March 2016 Alternative Selection March 2016 Draft conceptual design drawings April 2016 Draft OPCC and lifecycle costs May 2016 Stakeholder Meeting No. 4 June 2016 Draft Conceptual Design Report June 2016 Final conceptual design drawings August 2016 Final OPCC and life cycle costs August 2016 Final Conceptual Design Report August 2016 General Meeting No. 1 TBD Page 22 EXHIBIT B SUMMARY OF LABOR AND EXPENSES BY TASK Task No. Task Labor by Task Expenses and Subconsultants Total by Task 1 Project Administration $ 12,950.30 $ 1,063.20 $ 14,013.50 2 Stakeholder Coordination $ 20,862.87 $ 2,018.40 $ 22,881.27 3 Development and Refinement of Alternative Options $ 2,338.78 $ 59.20 $ 2,397.98 4 Irrigation Pipeline Capacity Assessment $ 5,985.98 $ 7,672.40 $ 13,658.38 5 Preliminary Hydraulic Evaluation $ 13,587.11 $ 377.40 $ 13,964.51 6 Brief Channel Stability Assessment $ 13,423.24 $ 366.30 $ 13,789.54 7 Alternative Evaluation and Selection $ 10,377.03 $ 2,373.80 $ 12,750.83 8 Conceptual Design $ 19,227.80 $ 2,620.70 $ 21,848.50 9 Develop OPCC and Project Lifecycle Costs $ 8,633.74 $ 236.80 $ 8,870.54 10 Conceptual Design Report $ 19,506.04 $ 2,595.80 $ 22,101.84 TOTAL $ 126,892.89 $ 19,384.00 $ 146,276.89 Page 23 EXHIBIT C 2015/16 STAFF BILLING RATE SCHEDULE City of Yakima: Naches Cowiche Alternatives Revinement HDR Engineering, Inc. 2015/16 Billing Rates No. STAFF PROJECT ROLE BILLING RATES Bevan,Shaun IP Project Engineer $104.19 2 BIlake,Andrew C Sr. CADD Designer $137.52 3 Campbell,Jerry L CADD Drafter $94.42 4 Covert,Rchard H Sr. Designer/Cost Estimator $131.68 5 Garello,Michael C Project Manager/ EOR $186.22 6 Hill,Jason L PrincipalIn Charge $201.61 7 Holloway,Becky E Environmental Permitting Specialist $144.26 8 Jeffery,Sherry L Project Controller $111.08 9 Mann,Jonathon A Sr. Water Resources Engineer $210.80 10 Nelson,John D Sr. Civill Engineer $185.67 11 Pauls,Lawrence K Sr. Mechanical Engineer $189.79 12 Schmudde,Richard Sr. Electrical Engineer $211.95 17 Swift,Brinton IP Quality Control - River Mechanics $170.38 18 Larson,Lisa Mane Wieland Qualify Cotrol - Fisheries $254.23 19 March,Daniel E Sr. Water Resources Engineer $153.52 20 Black,CarrIe L. Project Assistant $67.18 21 Schweissing,Stan B Qualify Control - Civid Engineering $175.93 Page 24