HomeMy WebLinkAboutR-2023-094 Resolution authorizing an agreement with RH2 Engineering, Inc. to provide engineering services for City of Yakima Project WF2761 Biosolids Dewatering Improvements at the WWTPA RESOLUTION
RESOLUTION NO. R-2023-094
authorizing an agreement with RH2 Engineering, Inc. to provide engineering
services for City of Yakima Project WF2761 Biosolids Dewatering
Improvements at the Wastewater Treatment Plant.
WHEREAS, the City of Yakima operates and maintains the Yakima Wastewater
Treatment Plant in accordance with applicable Federal, State and Local regulations; and
WHEREAS, the City of Yakima Wastewater Division uses two dewatering centrifuges to
remove excess water from Class B Biosolids to reduce the weight of the material prior to hauling
for beneficial use; and
WHEREAS, the replacement of both of the centrifuges is required as both are nearing the
end of their useful life and are expensive to operate and maintain due to high electrical power
usage and frequent repairs; and
WHEREAS, the Wastewater Division established Project WF2761 to replace the existing
biosolids dewatering centrifuges with two screwpress dewatering units that will reduce electrical
power consumption and dewatering equipment repair frequency; and
WHEREAS, the City requires design, bidding, and construction engineering services to
replace the centrifuges with screwpresses; and
WHEREAS, the Wastewater Division has complied with the provisions of RCW 39.80
which concerns the procurement of engineering and architectural services by a city; and
WHEREAS, under Request for Qualifications #12303Q on March 1, 2023 the City held
interviews with two engineering firms listed on the Municipal Research Services Center (MRSC)
of Washington roster as having the experience and expertise necessary to perform the
engineering services; and
WHEREAS, as a result of these interviews, the City selected RH2 Engineering, Inc. as the
most qualified engineering firm to perform the required work; and
WHEREAS, the City Council has determined that it is in the best interest of the City of
Yakima, and its residents, to approve the agreement with RH2 Engineering, Inc. to perform the
required engineering services; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the attached engineering services
contract with RH2 Engineering, Inc., in the amount Nine Hundred Fifty -Three Thousand Dollars
($953,000) for biosolids dewatering improvements at the Yakima Wastewater Treatment Plant.
ADOPTED BY THE CITY COUNCIL this 5th day of July 2023.
ATTEST:
Rosalinda Ibarra, City Clerk
Janice Deccio, ayor
kv
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
RH2 ENGINEERING, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this jq day of °" , 2023, by and
between the City of Yakima, Washington, a municipal corpora ion with its principal ice at 129 North
Second Street, Yakima, WA 98901, (hereinafter referred to as "CITY"), and RH2 Engineering, Inc., with
its principal office at 22722 29th Drive SE, Suite 210, Bothell, WA 98021, (hereinafter referred to as
"ENGINEER"); said corporation being licensed and registered to do business in the State of Washington,
and will provide Professional Engineering services under this Agreement for the WWTP Biosolids
Dewatering Improvements on behalf of the City of Yakima, Project No. WF2761, herein referred to as the
"PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and
construction of the PROJECT, as described in this Agreement and subsequent Amendments thereto; and
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with
knowledge and experience necessary to satisfactorily accomplish the work within the required time and
that it has no conflicts of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and ENGINEER agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in
writing by both parties, duties of ENGINEER shall not be construed to exceed those
services specifically set forth herein.
2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign,
Richard Ballard as Principal -in -Charge throughout the term of this Agreement unless
other personnel are approved by the CITY.
2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled
"WWTP Biosolids Dewatering Improvements Scope of Work" (WORK) which is attached hereto
and made a part of this Agreement as if fully set forth herein.
2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by
ENGINEER can be defined in detail at the time this Agreement is executed, and that additional
WORK related to the Project and not covered in Exhibit A may be needed during performance of
this Agreement. CITY may, at any time, by written order, direct the ENGINEER to revise portions
of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the
PROJECT, or request that the ENGINEER perform additional WORK beyond the scope of the
PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services."
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2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or
time required for, performance of any services under this Agreement, a contract price
and/or completion time adjustment pursuant to this Agreement shall be made and this
Agreement shall be modified in writing and accepted by the parties hereto.
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the ENGINEER according to the provisions set forth in Exhibit B, attached
hereto and incorporated herein by this reference, and if so authorized, shall be
considered part of the PROJECT WORK. The ENGINEER shall not perform any
Additional Services until so authorized by CITY and agreed to by the ENGINEER in
writing.
2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the
date of the ENGINEER's receipt of the written notification of change.
SECTION 3 TERM
3.1 The term of this AGREEMENT shall be for the period of three (3) years from the date of contract
execution.
SECTION 4 CITY'S RESPONSIBILITIES
4.1 CITY -FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the
CITY'S possession relating to the ENGINEER'S services on the PROJECT including information
on any pre-existing conditions known to the CITY that constitute hazardous waste contamination
on the PROJECT site as determined by an authorized regulatory agency.
4.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably
accessible to ENGINEER as required for ENGINEER'S performance of its services and will
provide labor and safety equipment as reasonably required by ENGINEER for such access.
4.3 TIMELY REVIEW: The CITY will examine the ENGINEER'S studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY
deems appropriate; and render in writing decisions required of CITY in a timely manner. Such
examinations and decisions, however, shall not relieve the ENGINEER of any contractual
obligations nor of its duty to render professional services meeting the standards of care
applicable to its profession.
4.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this
Agreement. CITY'S Representative shall have complete authority to transmit instructions and
receive information. ENGINEER shall be entitled to reasonably rely on such instructions made by
the CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall
be responsible for bringing to the attention of the CITY'S Representative any instructions which
the ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER'S
knowledge.
4.5 Any documents, services, and reports provided by the CITY to the ENGINEER are available
solely as additional information to the ENGINEER and will not relieve the ENGINEER of its
professional duties and obligations under this Agreement or at law. The ENGINEER shall be
entitled to reasonably rely upon the accuracy and the completeness of such documents, services
and reports, but shall be responsible for exercising customary professional care in using and
reviewing such documents, services, and reports and drawing conclusions from them.
SECTION 5 AUTHORIZATION, PROGRESS, AND COMPLETION
5.1 In signing this Agreement, CITY grants ENGINEER specific authorization to proceed with WORK
described in Exhibit A. The time for completion is defined in Exhibit A, or as amended.
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SECTION 6 COMPENSATION
6.1 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.
6.1.1 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those costs
incurred on or directly for the PROJECT including, but not limited to, necessary
transportation costs, including current rates for ENGINEER'S vehicles; meals and
lodging; laboratory tests and analyses; printing, binding and reproduction charges; all
costs associated with other outside nonprofessional services and facilities; special CITY -
requested and PROJECT -related insurance and performance warranty costs; and other
similar costs. Reimbursement for Direct Non -Salary Expenses will be on the basis of
actual charges plus a reasonable markup, not to exceed ten percent (10%), and on the
basis of current rates when furnished by ENGINEER. Estimated Direct Non -Salary
Expenses are shown in Exhibit B.
6.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the ENGINEER and each of the
Subconsultants in connection with PROJECT WORK; provided, as follows:
• That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents
per mile will be paid for the operation, maintenance, and depreciation
costs of company or individually owned vehicles for that portion of time
they are used for PROJECT WORK. ENGINEER, whenever possible,
will use the least expensive form of ground transportation.
• That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person. This rate may be
adjusted on a yearly basis.
• That accommodation shall be at a reasonably priced hotel/motel.
• That air travel shall be by coach class, and shall be used only when
absolutely necessary.
6.1.2 Telephone charges, computer charges, in-house reproduction charges, first class
postage, and FAX charges are not included in the direct expense costs, but are
considered included in the Schedule of Specific Hourly Billing Rates.
6.1.3 Professional Subconsultants. Professional Subconsultants are those costs for
engineering, architecture, geotechnical services and similar professional services
approved by the CITY. Reimbursement for Professional Subconsultants will be on the
basis of actual costs billed plus a reasonable markup, not to exceed ten percent (10%)
for services provided to the CITY through this Agreement. Estimated Subconsultant
costs are shown in Exhibit B.
6.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this
PROJECT shall not exceed Nine Hundred Fifty -Three Thousand Dollars ($953,000). The
ENGINEER shall make all reasonable efforts to complete the WORK within the budget and will
keep CITY informed of progress toward that end so that the budget or WORK effort can be
adjusted if found necessary. The ENGINEER is not obligated to incur costs beyond the indicated
budget, as may be adjusted, nor is the CITY obligated to pay the ENGINEER beyond these limits.
When any budget has been increased, the ENGINEER'S excess costs expended prior to such
increase will be allowable to the same extent as if such costs had been incurred after the
approved increase, and provided that the City was informed in writing at the time such costs were
incurred.
6.3 The ENGINEER shall submit to the City's Representative an invoice each month for payment for
PROJECT services completed through the accounting cut-off day of the previous month. Such
invoices shall be for PROJECT services and WORK performed and costs incurred prior to the
date of the invoice and not covered by previously submitted invoices. The ENGINEER shall
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submit with each invoice a summary of time expended on the PROJECT for the current billing
period, copies of subconsultant invoices, and any other supporting materials and details
determined necessary by the City to substantiate the costs incurred. CITY will use its best efforts
to pay such invoices within thirty (30) days of receipt and upon approval of the WORK done and
amount billed. CITY will notify the ENGINEER promptly if any problems are noted with the
invoice. CITY may question any item in an invoice, noting to ENGINEER the questionable item(s)
and withholding payment for such item(s). The ENGINEER may resubmit such item(s) in a
subsequent invoice together with additional supporting information requested.
6.4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on
the unpaid balance shall accrue beginning with the sixty-first (61St) day at the rate of 1.0% per
month or the maximum interest rate permitted by law, whichever is less; provided, however, that
no interest shall accrue pursuant to Chapter 39.76 RCW when before the date of timely payment
a notice of dispute is issued in good faith by the CITY to the ENGINEER pursuant to the terms of
RCW 39.76.020(4).
6.5 Final payment of any balance due the ENGINEER for PROJECT services will be made within
forty-five (45) days after satisfactory completion of the services required by this Agreement as
evidenced by CITY's written acceptance and after such audit or verification as CITY may deem
necessary, together with ENGINEER's execution and delivery of a release of all known payment
claims against CITY arising under or by virtue of this Agreement, other than such payment
claims, if any, as may be specifically exempted by the ENGINEER from the operation of the
release in stated amounts to be set forth therein.
6.6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY
of any claims, right, or remedy it may have against the ENGINEER under this Agreement or by
law, nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure or
fault of the ENGINEER to satisfactorily perform the PROJECT WORK as required under this
Agreement.
SECTION 7 RESPONSIBILITY OF ENGINEER
7.1 The ENGINEER shall be responsible for the professional quality, technical adequacy and
accuracy, timely completion, and the coordination of all plans, designs, drawings, specifications,
reports, and other services furnished by the ENGINEER under this Agreement. The ENGINEER
shall, without additional compensation, correct or review any errors, omissions, or other
deficiencies in its plans, designs, drawings, specifications, reports, and other services. 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.
7.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications,
reports, and incidental WORK or services furnished hereunder shall not in any way relieve the
ENGINEER of responsibility for the technical adequacy, completeness, or accuracy of its WORK
and the PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not
be construed to operate as a waiver of any rights under this Agreement or at law or any cause of
action arising out of the performance of this Agreement.
7.3 In performing WORK and services hereunder, the ENGINEER and its subcontractors,
subconsultants, employees, agents, and representatives shall be acting as independent
contractors and shall not be deemed or construed to be employees or agents of CITY in any
manner whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an officer or
employee of CITY by reason hereof and shall not make any claim, demand, or application to or
for any right or privilege applicable to an officer or employee of CITY. The ENGINEER shall be
solely responsible for any claims for wages or compensation by ENGINEER's employees, agents,
and representatives, including subconsultants and subcontractors, and shall save and hold CITY
harmless therefrom.
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7.4 INDEMNIFICATION AND HOLD HARMLESS:
a. ENGINEER shall take all necessary precautions in performing the WORK to prevent injury to
persons or property. The ENGINEER agrees to release, indemnify, defend, and hold
harmless the City, its elected and appointed officials, officers, employees, agents,
representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and
expenses to the extent related to claims, suits, arbitration actions, investigations, and
regulatory or other governmental proceedings arising directly from or in connection with this
Agreement or the acts, failures to act, errors or omissions of the ENGINEER, or any of
ENGINEER's agent(s) or subcontractor(s), in performance of this Agreement, except for
claims caused by the City's sole negligence. For such claims where the City and ENGINEER
are both at fault, the ENGINEER"S indemnification obligations outlined herein shall be limited
to the percentage of fault assigned to the ENGINEER, including its agent(s) and
subcontractor(s), by a finder -of -fact or as agreed upon by the parties.
b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the
ENGINEER waives any immunity that may be granted to it under the Washington State
industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification.
ENGINEER's indemnification shall not be limited in any way by any limitation on the amount
of damages, compensation or benefits payable to or by any third party under workers'
compensation acts, disability benefit acts or any other benefits acts or programs. ENGINEER
shall require that its subcontractors, and anyone directly or indirectly employed or hired by
ENGINEER, and anyone for whose acts ENGINEER may be liable in connection with its
performance of this Agreement, comply with the terms of this paragraph, waive any immunity
granted under Title 51 RCW, and assume all potential liability for actions brought by their
respective employees. The Parties acknowledge that they have mutually negotiated this
waiver.
c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the
ENGINEER and the City, the ENGINEER's liability, including the duty and cost to defend,
shall be only to the extent of the ENGINEER's negligence.
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.
e. The terms of this Section shall survive any expiration or termination of this Agreement.
7.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this Agreement shall not be limited in any way by any limitation
on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER
or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or
other employee benefit acts. The ENGINEER specifically and expressly waives its immunity
under the Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by
the ENGINEER and the CITY.
7.6 It is understood that any resident engineering or inspection provided by ENGINEER is for the
purpose of determining compliance with the technical provisions of PROJECT specifications and
does not constitute any form of guarantee or insurance with respect to the performance of a
contractor. ENGINEER does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for contractors' compliance with laws
and regulations. CITY shall use its best efforts to ensure that the construction contract requires
that the contractor(s) indemnify and name CITY, the CITY's and the ENGINEER's officers,
principals, employees, agents, representatives, and engineers as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability.
7,7 ENGINEER shall be solely responsible for and shall pay all taxes, deductions, and assessments,
including but not limited to federal income tax, FICA, social security tax, assessments for
unemployment and industrial injury insurance, and other deductions from income which may be
required by law or assessed against either party as a result of this Agreement. In the event the
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City is assessed a tax or assessment as a result of this Agreement, ENGINEER shall pay the
same before it becomes due.
7.8 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observation, exploration, and
investigations have been made. Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could affect total PROJECT
cost and/or execution. These conditions and cost/execution effects are not the responsibility of
the ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate
standard of professional care, thoroughness and judgment in performing such investigations.
SECTION 8 PROJECT SCHEDULE AND BUDGET
8.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component
tasks shall be as set forth in this Agreement and attached Exhibits. The project schedule and
performance dates for the individual tasks shall be mutually agreed to by the CITY and the
ENGINEER within fifteen (15) days after execution of this Agreement. The performance dates
and budgets for tasks may be modified only upon written agreement of the parties hereto. The
performance date for tasks and the completion date for the entire PROJECT shall not be
extended, nor the budget increased because of any unwarranted delays attributable to the
ENGINEER, but may be extended or increased by the CITY in the event of a delay caused by
special services requested by the CITY or because of unavoidable delay caused by any
governmental action or other conditions beyond the control of the ENGINEER which could not be
reasonably anticipated or avoided.
8.2 Not later than the tenth (10th) day of each calendar month during the performance of the
PROJECT, the ENGINEER shall submit to the CITY's Representative a copy of the current
schedule and a written narrative description of the WORK accomplished by the ENGINEER and
subconsultants on each task, indicating a good faith estimate of the percentage completion
thereof on the last day of the previous month. Additional oral or written reports shall be prepared
at the CITY's request for presentation to other governmental agencies and/or to the public.
SECTION 9 REUSE OF DOCUMENTS
9.1 All internal WORK products of the ENGINEER are instruments or services of this PROJECT.
There shall be no reuse, change, or alteration by the CITY or others acting through or on behalf
of the CITY without written permission of the ENGINEER, which shall not be unreasonably
withheld and will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its
officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses,
and costs including, but not limited to, litigation expenses and attorney's fees arising out of or
related to such unauthorized reuse, change, or alteration; provided, however, that the ENGINEER
will not be indemnified for such claims, damages, losses, and costs including, without limitation,
litigation expenses and attorney fees if they were caused by the ENGINEER's own negligent acts
or omissions.
9.2 The ENGINEER agrees that any and all plans, drawings, designs, specifications, computer
programs, technical reports, operating manuals, calculations, notes, and other WORK submitted
or which are specified to be delivered under this Agreement or which are developed or produced
and paid for under this Agreement, whether or not complete, shall be owned by and vested in the
CITY.
9.3 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter
"Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual
Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER
does not grant CITY any right or license to such Intellectual Property.
SECTION 10 AUDIT AND ACCESS TO RECORDS
10.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and
other evidence directly pertinent to performance of the WORK under this Agreement in
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accordance with generally accepted accounting principles and practices consistently applied.
The CITY, or the CITY's duly authorized representative, shall have access to such books,
records, documents, and other evidence for inspection, audit, and copying for a period of three
years after completion of the PROJECT. The CITY shall also have access to such books,
records, and documents during the performance of the PROJECT WORK, if deemed necessary
by the CITY, to verify the ENGINEER's WORK and invoices.
10.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
10.3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the ENGINEER is afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any supporting documentation
on the pertinent portions of the draft audit report and that the final audit report will include
ENGINEER's written comments, if any.
10.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the Project.
10.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY.
SECTION 11 INSURANCE
At all times during performance of the WORK or obligations under this Agreement, ENGINEER
shall secure and maintain in effect insurance to protect the CITY and the ENGINEER from and
against all claims, damages, losses, and expenses arising out of or resulting from the
performance of this Agreement. ENGINEER shall provide and maintain in force insurance in
limits no less than those stated below, as applicable. The CITY reserves the right to require
higher limits should it deem it necessary in the best interest of the public. If ENGINEER carries
higher coverage limits than the limits stated below, such higher limits shall be shown on the
Certificate of Insurance and Endorsements and ENGINEER shall be named as an additional
insured for such higher limits. Failure by the City to demand such verification of coverage with
these insurance requirements or failure of the City to identify a deficiency from the insurance
documentation provided shall not be construed as a waiver of ENGINEER's obligation to maintain
such insurance.
ENGINEER's insurance coverage shall be primary insurance with respect to those who are
Additional Insureds under this Agreement, and any insurance, self-insurance or insurance pool
coverage maintained by the City shall be in excess of the ENGINEER's insurance and neither the
City nor its insurance providers shall contribute to any settlements, defense costs, or other
payments made by ENGINEER's insurance. All additional insured endorsements required by this
Section shall include an explicit waiver of subrogation.
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-VII or higher in Best's Guide and admitted in the State
of Washington.
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11.1.2. Commercial Automobile Liability Insurance.
a. If ENGINEER owns any vehicles, before this Agreement is fully executed by the
parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of
commercial automobile liability insurance and commercial umbrella liability insurance
with a total liability limit of the limits required in the policy, subject to minimum limits of
Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury
and property damage. Automobile liability will apply to "Any Auto" and be shown on
the certificate.
b. If ENGINEER does not own any vehicles, only "Non -owned and Hired
Automobile Liability" will be required and may be added to the commercial liability
coverage at the same limits as required in that section of this Agreement, which is
Section 10.1.1 entitled "Commercial General Liability Insurance".
c. Under either situation described above in Section 10.1.2.a. and Section 10.1.2.b.,
the required certificate of insurance shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided are
in effect. Said policy shall be in effect for the duration of this Agreement. The policy
shall name the CITY, its elected and appointed officials, officers, agents, employees,
and volunteers as additional insureds. The insured shall not cancel or change the
insurance without first giving the CITY thirty (30) calendar days prior written notice.
The insurance shall be with an insurance company or companies rated A-VII or higher
in Best's Guide and admitted in the State of Washington.
11.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
11.1.4. Professional Liability Coverage. Before this Contract is fully executed by the parties,
ENGINEER shall provide the City with a certificate of insurance as proof of professional
liability coverage with a total liability limit of the limits required in the policy, subject to
minimum limits of Two Million Dollars ($2,000,000.00) per claim, and Two Million
Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the provider
is, the coverage amount, the policy number, and when the policy and provisions
provided are in effect. Said policy shall be in effect for the duration of this Contract.
The insured shall not cancel or change the insurance without first giving the CITY thirty
(30) calendar days prior written notice. The insurance shall be with an insurance
company or companies rated A-VII or higher in Best's Guide. If the policy is written on a
claims made basis the coverage will continue in force for an additional two years after
the completion of this contract.
Failure of either or all of the additional insureds to report a claim under such insurance
shall not prejudice the rights of the CITY, its elected and appointed officials, officers,
employees, agents, and representatives there under. The CITY and the CITY's elected
and appointed officials, officers, principals, employees, representatives, and agents
shall have no obligation for payment of premiums because of being named as
additional insureds under such insurance. None of the policies issued pursuant to the
requirements contained herein shall be canceled, allowed to expire, or changed in any
manner that affects the rights of the CITY until thirty (30) days after written notice to the
CITY of such intended cancellation, expiration or change.
11.2 If at any time during the life of the Agreement, or any extension, ENGINEER fails to maintain the
required insurance in full force and effect, all work under the Agreement shall be discontinued
immediately. Any failure to maintain the required insurance may be sufficient cause for the City
to terminate the Agreement.
SECTION 12 SUBCONTRACTS
12.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract
any portion of the WORK to be performed under this Agreement. However, ENGINEER shall be
considered the Prime Contractor hereunder and shall be the sole point of contact with regard to
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all contractual matters arising hereunder, including the performance of WORK and payment of
any and all charges resulting from contractual obligations.
12.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any
substitutions thereof, will be subject to prior approval by CITY, which approval shall not be
unreasonably withheld. Each subcontract shall be subject to review by the CITY's
Representative, if requested, prior to the subconsultant or subcontractor proceeding with the
WORK. Such review shall not constitute an approval as to the legal form or content of such
subcontract. The ENGINEER shall be responsible for the architectural and engineering
performance, acts, and omissions of all persons and firms performing subcontract WORK.
12.3 CITY does not anticipate ENGINEER subcontracting with any additional persons or firms for the
purpose of completing this Agreement.
12.4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK
completed by subconsultants and subcontractors during the preceding month and copies of all
invoices thereto.
12.5 If dissatisfied with the background, performance, and/or general methodologies of any
subcontractor, the City may request in writing that the subcontractor be removed. The
ENGINEER shall comply with this request at once and shall not employ the subcontractor for any
further WORK under this Agreement.
SECTION 13 ASSIGNMENT
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. The ENGINEER for itself and its heirs,
executors, administrators, successors and assigns, does hereby agree to the full performance of
all of the covenants herein contained upon the part of the ENGINEER. It is expressly intended
and agreed that no third party beneficiaries are created by this Agreement, and that the rights and
remedies provided herein shall inure only to the benefit of the parties to this Agreement.
SECTION 14 INTEGRATION
14.1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with
respect to those matters covered herein. This Agreement may not be modified or altered except
in writing signed by both parties.
SECTION 15 JURISDICTION AND VENUE
15.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of
this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and
void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force
and effect. Venue for all disputes arising under this Agreement shall lie in a court of competent
jurisdiction in Yakima County, Washington.
SECTION 16 EQUAL EMPLOYMENT and NONDISCRIMINATION
16.1 During the performance of this Agreement, ENGINEER and ENGINEER's subconsultants and
subcontractors shall not discriminate in violation of any applicable federal, state and/or local law
or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any
other classification protected under federal, state, or local law. This provision shall include but
not be limited to the following: employment, upgrading, demotion, transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation, selection for
training, and the provision of services under this Agreement. ENGINEER agrees to comply with
Page 9
the applicable provisions of State and Federal Equal Employment Opportunity and
Nondiscrimination statutes and regulations.
SECTION 17 SUSPENSION OF WORK
17.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement
if unforeseen circumstances beyond CITY's control are interfering with normal progress of the
WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under
this Agreement if unforeseen circumstances beyond ENGINEER's control are interfering with
normal progress of the WORK. ENGINEER may suspend WORK on the PROJECT in the event
CITY does not pay invoices when due, except where otherwise provided by this Agreement. The
time for completion of the WORK shall be extended by the number of days WORK is suspended.
If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to
renegotiation, and both parties are granted the option to terminate WORK on the suspended
portion of Project in accordance with SECTION 17.
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 17.1 of this Section, CITY may terminate this
Agreement for its convenience, in whole or in part, provided the ENGINEER is given: (1) not less
than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested,
of intent to terminate; and (2) an opportunity for consultation with CITY before the effective
termination date.
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 17.1 or 17.2 above, the ENGINEER shall
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to CITY all originals of data, drawings, specifications, calculations,
reports, estimates, summaries, and such other information, documents, and materials as the
ENGINEER or its subconsultants may have accumulated or prepared in performing this
Agreement, whether completed or in progress, with the ENGINEER retaining copies of the same.
Page 10
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 17.4 of this Section.
18.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the
ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its
obligations to complete performance under this Agreement without the concurrence and written
approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment
shall be made as set forth in subparagraph 17.3 of this Section.
SECTION 19 DISPUTE RESOLUTION
19.1 In the event that any dispute shall arise as to the interpretation or performance of this Agreement,
or in the event of a notice of default as to whether such default does constitute a breach of the
contract, and if the parties hereto cannot mutually settle such differences, then the parties shall
first pursue mediation as a means to resolve the dispute. If neither of the afore mentioned
methods are successful then any dispute relating to this Agreement shall be decided in the courts
of Yakima County, in accordance with SECTION 14. If both parties consent in writing, other
available means of dispute resolution may be implemented.
SECTION 20 NOTICE
20.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at
the address set forth below. Notice shall be considered issued and effective upon receipt thereof
by the addressee -party, or seventy-two (72) hours after mailing by certified mail to the place of
business set forth below, whichever is earlier.
CITY: City of Yakima
2220 East Viola Avenue
Yakima, WA 98901
Attn: Dana Kallevig
ENGINEER: RH2 Engineering, Inc.
300 Simon Street SE, Suite 5
East Wenatchee, WA 98802
Attn: Eric Smith, P.E.
SECTION 21 INSPECTION AND PRODUCTION OF RECORDS
21.1 The records relating to the WORK shall, at all times during the term of this Agreement and for the
minimum period of time required pursuant to the Washington Secretary of State's records
retention schedule, be subject to inspection by and with the approval of the City, but the making
of (or failure or delay in making) such inspection or approval shall not relieve ENGINEER of
responsibility for performance of the WORK in accordance with this Agreement, notwithstanding
the City's knowledge of defective or non -complying performance, its substantiality or the ease of
its discovery. ENGINEER shall provide the City sufficient, safe, and proper facilities, and/or send
electronic copies of the requested documents to the City. Hard copies of requested documents
will be provided at cost to the City. ENGINEER's records relating to the WORK will be provided to
the City upon the City's request.
21.2 ENGINEER shall promptly furnish the City with such information and records which are related to
the WORK of this Agreement as may be requested by the City. Until the expiration of six (6)
years after final payment of the compensation payable under this Agreement, or for a longer
Page 11
period if required by law or by the Washington Secretary of State's record retention schedule,
ENGINEER shall retain and provide the City access to (and the City shall have the right to
examine, audit and copy) all of ENGINEER's books, documents, papers and records which are
related to the WORK performed by ENGINEER under this Agreement. Prior to converting any
paper records to electronic format and/or destroying any records, ENGINEER shall contact
CITY's Records Administrator (509-575-6037) to discuss retention. In no event shall any record
relating to the WORK be destroyed without CITY consultation.
21.3 All records relating to ENGINEER's services under this Agreement must be made available to the
City, and the records relating to the WORK are City of Yakima records. They must be produced
to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56
RCW, or by law. All records relating to ENGINEER's services under this Agreement must be
retained by ENGINEER for the minimum period of time required pursuant to the Washington
Secretary of State's records retention schedule.
21.4 The terms of this section shall survive any expiration or termination of this Agreement.
SECTION 22 COMPLIANCE WITH THE LAW
22.1 ENGINEER agrees to perform all WORK under and pursuant to this Agreement in full compliance
with any and all applicable laws, rules, and regulations adopted or promulgated by any
governmental agency or regulatory body, whether federal, state, local, or otherwise, including
policies adopted by the City, as those laws, ordinances, rules, regulations, and policies now exist
or may hereafter be amended or enacted. ENGINEER shall procure and have all applicable and
necessary permits, licenses and approvals of any federal, state, and local government or
govemmental authority or this project, pay all charges and fees, and give all notices necessary
and incidental to the due and lawful execution of the work.
22.2 ENGINEER shall procure and have all applicable and necessary permits, licenses and approvals
of any federal, state, and local government or governmental authority or this project, pay all
charges and fees, and give all notices necessary and incidental to the due and lawful execution of
the work.
a. Procurement of a City Business License. ENGINEER must procure a City of Yakima
Business License and pay all charges, fees, and taxes associated with said license.
b. ENGINEER must provide proof of a valid Washington department of Revenue state excise
tax registration number, as required in Title 85 RCW.
c. ENGINEER must provide proof of a valid Washington Unified Business Identification (UBI)
number. ENGINEER must have a current UBI number and not be disqualified from bidding
on any public works contract under RCW 39.06.101 or 36.12.065(3).
d. ENGINEER must provide proof of a valid Washington Employment Security Department
number as required by Title 50 RCW.
e. Foreign (Non -Washington) Corporations: Although the City does not require foreign
corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is
specifically understood and agreed that any such corporation will promptly take all necessary
measures to become authorized to conduct business in the City of Yakima, at their own
expense, without regard to whether such corporation is actually awarded the contract, and in
the event that the award is made, prior to conducting any business in the City.
SECTION 23 MISCELLANEOUS PROVISIONS
23.1 Nondiscrimination. During the performance of this Agreement, the ENGINEER agrees as follows:
The ENGINEER shall not discriminate against any person on the grounds of race, creed, color,
religion, national origin, sex, age, marital status, sexual orientation, gender identity, pregnancy,
veteran's status, political affiliation or belief, or the presence of any sensory, mental or physical
handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or
the Americans with Disabilities Act (42 USC 12101 et seq.). This provision shall include but not
be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, selection for training, and the
Page 12
provision of WORK under this Agreement. In the event of the ENGINEER's noncompliance with
the non-discrimination clause of this contract or with any such rules, regulations, or orders, this
Agreement may be cancelled, terminated, or suspended in whole or in part and the ENGINEER
may be declared ineligible for any future City contracts.
23.2 Pay transparency nondiscrimination. The ENGINEER will not discharge or in any other manner
discriminate against employees or applicants because they have inquired about, discussed, or
disclosed their own pay or the pay of another employee or applicant. However, employees who
have access to the compensation information of other employees or applicants as a part of their
essential job functions cannot disclose the pay of other employees or applicants to individuals
who do not otherwise have access to compensation information, unless the disclosure is (a) in
response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or (c) consistent with the
contractor's legal duty to furnish information.
23.3 Severability. If any term or condition of this Agreement or the application thereof to any person(s)
or circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To this
end, the terms and conditions of this Agreement are declared severable.
23.4 Agreement documents. This Agreement, the Request for Qualifications & Proposals No. 12303,
titled WWTP Biosolids Dewatering Improvements Scope of Work, conditions, addenda, and
modifications and ENGINEER's proposal (to the extent consistent with Yakima City documents)
constitute the Agreement Documents and are complementary. Specific Federal and State laws
and the terms of this Agreement, in that order respectively, supersede other inconsistent
provisions. These Agreement Documents are on file in the Office of the Purchasing Manager, 129
No. 2"d St., Yakima, WA, 98901, and are hereby incorporated by reference into this Agreement.
23.5 Notice of change in financial condition. If, during this Agreement, the ENGINEER experiences a
change in its financial condition that may affect its ability to perform under the Agreement, or
experiences a change of ownership or control, the ENGINEER shall immediately notify the City in
writing. Failure to notify the City of such a change in financial condition or change of ownership
or control shall be sufficient grounds for termination.
23.6 No conflicts of interest. ENGINEER represents that it or its employees do not have any interest
and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner
or degree with the performance of this Agreement. ENGINEER further covenants that it will not
hire anyone or any entity having such a conflict of interest during the performance of this
Agreement.
23.7 Promotional advertising prohibited. Reference to or use of the City, any of its departments,
agencies or other subunits, or any official or employee for commercial promotion is prohibited.
News releases pertaining to this procurement shall not be made without prior approval of the City.
Release of broadcast emails pertaining to this procurement shall not be made without prior
written authorization of the City.
23.8 Time is of the essence. Timely provision of the WORK required under this Agreement shall be of
the essence of the Agreement, including the provision of the WORK within the time agreed or on
a date specified herein.
23.9 Waiver of breach. A waiver by either party hereto of a breach of the other party hereto of any
covenant or condition of this Agreement shall not impair the right of the party not in default to
avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist
upon strict performance of any agreement, covenant or condition of this Agreement, or to
exercise any right herein given in any one or more instances, shall not be construed as a waiver
or relinquishment of any such agreement, covenant, condition or right.
23.10 Force Majeure. ENGINEER will not be responsible for delays in delivery due to acts of God, fire,
strikes, riots, delay in transportation, or those effects of epidemics or pandemics that could not
have been reasonably anticipated or mitigated through acts of the ENGINEER; provided
ENGINEER notifies the City immediately in writing of such pending or actual delay. Normally in
Page 13
the event of such delays, the date of delivery of WORK will be e
to the time lost due to the reason for delay.
ne equal
23.11 Authority. The person executing this Agreement on behalf of ENGINEER represents and
warrants that they have been fully authorized by ENGINEER to execute this Agreement on its
behalf and to legally bind ENGINEER to all terms, performances, and provisions of this
Agreement.
23.12 Survival. The foregoing sections of this Agreement, inclusive, shall survive the expiration or
termination of this Agreement, in accordance with their terms.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
respective authorized officers or representatives as of the day and year first above written.
Bob Hakrison Paul R. Gros
Printed Name:.[ ; f Printed Name: Paul R. Cross
Title; City Manager Title: Executive Vice President
DatDate:
CNTRACT NO:
,'!C>N NO:
STATE OF WASHINGTON
I certify that I know or have satisfactory evidence that Bob 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.
\‘\‘P G CQgO
WIENT• •;
27 20QsA's
NOTAR-40
PUBLIC
(Signature)
Title
Printed Name
STATE OF WASHINGTON
) ss.
COUNTY OF BENTON
certify that I know or have satisfactory evidence that Paul R. Cross 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 Executive Vice President of RH2
Engineering, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
My commission expires: (`�►
EXHIBIT A.
Scope of Work
City of Yakima
TP Biosolids Dewatering Improvements
Background
The City of Yakima's (City) 2022 Wastewater Treatment Plant (WWTP) Facility Master Plan (Plan)
analyzed and recommended capital improvement project (CIP) SH14: Replace Biosolids Building
Centrifuge with Two Screw Presses: This project is intended to remedy deficiencies with the current
dewatering system by installing two new screw presses within the Biosolids Building. The City has
requested that RH2 Engineering, Inc., (RH2) provide design, services during bidding, and construction
contract administration services to support the project. This Scope of Work provides the Tasks
necessary to complete the project design.
Design Services
Task 1— Project Management
Objective: Manage project budget and schedule and coordinate with City on contractual items.
Approach:
1;1 Prepare and provide monthly invoices, budget status summaries, updated progress reports, and
progress scheduling coordination to the City.
RH2 Deliverables:
Anticipated project schedule in electronic PDF.
Monthly invoices and budgetary progress reports in electronic PDF.
Task 2 Periodic Review and Coordination Meetings
Objective: Attend periodic review and coordination meetings with the City. The goal of this Task is
to gain City staff input on various project elements and reserves hours for this purpose to be used as
desired by the City. These meetings are in addition to the design review meetings included in the
Preliminary and Final Design Tasks in this Scope of Work.
Approach:
2.1 Prepare for and attend periodic virtual review and coordination meetings with City staff. This
subtask allows for up to ten (10) 2-hour virtual meetings via MS Teams with up to three (3J RH2
staff per meeting.
2.2 Prepare for and attend periodic in -person review and coordination meetings with City staff. This
subtask allows for up to five (5) 2-hour in -person meetings, with additional travel time, for up to
three (3) RH2 staff per meeting.
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1
J \DATA\YAK\540\2023 WWTF' DE WATERING\PSA_SOW_WWTF BI()SOLIDS DEWATERING.DOCX
City of Yakima Exhibit A
WTP Biosolids Dewatering Improvements Scope of Work
4 Develop project schedule based on equipment lead time, construction phasing requirements,
and other parameters. Review and refine schedule with City.
15 Prepare Engineer's opinion of probable construction cost (OPCC).
6 Provide internal quality assurance and quality control (QA/QC) review ;of the preliminary
documents. Update the documents based on internal review comments.
7 Provide preliminary documents to the City for review. Meet in -person with the City to discuss
review comments. Prepare meeting agenda and meeting minutes. Incorporate comments into
the documents.
Assumptions:
• RH2 will rely on the accuracy and completeness of data, materials, and information generated
or produced by the City or others in relation to this Scope of Work.
RH2 will utilize the basis of design established in the Plan to complete this task. The deliverable
from this task will equate to 60-percent design. Due to the work completed in the Plan, a 30-
percent deliverable is unlikely to be necessary though RH2 will engage the City through the
preliminary design work to display the design progression and seek input.
Projected sludge flow and loading data identified in the Plan will be utilized for equipment
sizing without significant alteration or further analysis of this data.
This Scope of Work assumes a conventional design -bid -build approach to the work.
Pre -selection or pre -purchase of long lead equipment is not anticipated for this project.
Provided by City:
• Review comments for documents.
Attendance at one (1) kick-off meeting and one (1)'review meeting.
RH2 Deliverables:
Attendance at one (1) kick-off meeting and one
Preliminary review documents in electronic PDF.
Meeting agenda and minutes in electronic PDF.
Task 4 — Design Memorandum
review meeting.
Objective: Summarize the preliminary design in an internal technical memorandum. This technical
memorandum is not intended to meet the Washington Administrative Code (WAC) 173-240-060
5/22/20232:35:PM J`.\DATA\YAK\540\2023 WWTF DEWATERING\PSA_SOWWWTF BIOS OCI DS DEWATERING. DOCX
City of Yakima
WTP Biosolids Deatering li
prove ents
Exhibit A
Scope of Work
5.13 Provide internal QA/QC review of the bid -ready documents and update the documents based
on internal review comments.
5.14 Provide bid -ready documents to the City for review. Meet with the City to discuss review
comments. Prepare meeting agenda and meeting minutes. Incorporate comments into the
bid -ready documents.
Assumptions:
• Pending confirmation of the scope of improvements identified during preliminary design, RH2
may utilize a structural engineering subconsultant in subtask 5.6 for structural design as
needed. A budgetary allocation has been established for this purpose.
Any City Building Department permit applications will be completed by City
• No new permitting is anticipated through the Yakima Regional Clean Air Agency for the
project.
Provided by City:
• Review com
ents on bid -ready documents.
Attendance at one (1) review meeting.
• Completion of City Building Department permit applications, if required.
RH2 Deliverables:
Bid -ready design plans, specifications, and OPCC in electronic PDF.
Five (5) hard copies of bid -ready design plans (11x17), specifications, and OPCC.
Attendance at one (1) review meeting.
eeting agenda and meeting minutes in electronic PDF.
Services During Bidding and Construction
Task 6 — Services During Bidding
Objective: Assist the City during the project bidding process.
Approach:
6.1 Post bid documents online with QuestCDN and manage during bidding.
6.2 Attend one (1) pre -bid walkthrough.
6.3 Respond to questions during bidding and prepare bid addenda as needed.
6.4 Prepare for and attend the bid opening. Prepare bid tabulation.
6.5 Review low bids and prepare recommendation of award and notice of award letters for City
use.
5
/22/20232;35 PM J;\DATA\YAK\S40\2023. WWTF DEWATERING\PSA_SOW WWTF BIOSOEIDS:DEWATERING.DOCX
City of Yakima
WWTP Biosolids Dewatering Improvements
Exhibit A
Scope of Work
RH2 Deliverables:
Conformed for construction documents.
Attendance at the pre -construction and punchlist meetings.
Meeting agenda and; minutes.
Responses to submittals, RFis, COs, etc.
Punchlist in electronic PDF.
Construction record drawings in electronic PDF and two (2) half-size hard copies.
Task 8 — Construction Observation Services
Objective: Provide periodic observation of the construction
Approach:
8.1 Attend on -site cons
progress meetings wi
including travel time.
ork.
uction progress meetings. It is assumed that eight (8) construction
be required and that these meetings will take no more than six (6) hours,
8.2 Provide on -site observation during ;major work periods. t is assumed that on -site observation
ll be needed for no more than sixteen (16) weeks with the assumption that the contractor will
work four (4) 10-hour days per week.
8. Provide periodic special inspections of the work per the 2021 International Building Code (IBC)
and prepare inspection reports. It is assumed that eight (8) site visits will be required for this
subtask and that these site visits will average eight (8) hours per visit, including travel time.
8.4
Provide on -site observation and assistance related to equipment testing and startup. An
allowance of eighty (80) hours is provided for this work.'
Provided by the City:
Site access.
RH2 Deliverables:
Attendance at progress meetings.
Periodic site visits and daily reports.
Task 9 — Electrical Short Circuit and Arc Flash Analysis for Biosolids Building
Objective: Provide electrical short circuit and arc flash analyses.
Approach:
9.1 Perform electrical short circuit, protective device coordination, and arc flash analysis for
electrical distribution equipment. Model the electrical distribution system using SKM Power
Tools software, and perform short circuit, protective device coordination, and arc flash
calculations. Prepare an arc flash analysis report that summarizes the results of the short circuit,
5/22/2023 2:35 PM
7
the
-1:\DATA \YAK\S40\2023'WWTF DE WATERING\PSA_SOW_WWTF B1050LID5 DEWATERING.DOCX
City of Yakima Exhibit A
WWTP Biosolids Dewatering Improvements
Scope of Work
10.6 Observe the final operation of the project hardware/software components during field testing.
10.7 Discuss the new control system with the operations staff to prepare them for startup and
operation of the new system.
10.8 Coordinate with the City operations staff and provide the operations and maintenance (0
manual for the new control system. Draft and final control system O&M manual shall be
completed in accordance with the overall O&M manual update in Task 11.
10.9 Conduct one (1) formal training session, after the completion of the project, to discuss the 0&M
of the project components. Additionally, conduct two (2) follow-up training sessions as
requested and scheduled by the City after completion of the project.
Provided by the City:
Participation in project workshop.
Review comments on operator interface screen layouts.
Participation in training session.
RH2 Deliverables:
Minutes and conclusions from project workshop.
Preliminary and final operator interface screen designs and layouts.
Final PLC control logic software.
Final operator interface layout documentation:
Final PLC ladder logic documentation.
One (1) electronic PDF of 0&M manual for City operations staff to maintain PLC and operato
interface software.
Attendance at factory testing, field testing, and 0&M training session.
Task 11— Update WWTP O&M Manual
Objective: Update the existing WWTP O&M manual to incorporate the project improvements
Update the applicable sections of the existing WWTP 0&M manual to incorporate the project
improvements in accordance with WAC 173-240-150. Provide the City one (1) draft copy of the
O&M manual for review and incorporate comments into the final O&M manual.
Assumptions
Ecology review of the new 0i
components, if needed, will be obtained by the City.
Individual equipment and device O&M manual
submittal review process.
Provided by the City:
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9
documentation will be compiled during the
0232i3S PM J:\DATA\YAK\S40\2023WWTF: DE WATERING\PSA SOWF EEIOSOLIDSDEWATERING.DOCX
City of Yakima
i'WTP BiosolidsDewatering Improve
en
Exhibit A
s Scope of Work
Attendance at the conference call with Ecology.
Agency review design documents for Ecology review in electronic PDF.
One (1) CORP submitted to the City and Ecology in electronic PDF.
22/2023 2:35 PM Ji\DATA\YAK\540\2023"W WTF DEWATERI NG\PSA_SOW,W WTF BIOSOLI DS DEWATERING.DOCX
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EXHIBIT
RH2 ENGINEERING,
SCHEDULE OF RATES
C
INC.
AND CHARGES
RATE LIST
RATE
UNIT
Professional I
$170
$/hr
Professional II
$185
$/hr
Professional III
$208
$/hr
Professional IV
$227
$/hr
Professional V
$240
$/hr
Professional VI
$259
$/hr
Professional VII
$276
$/hr
Professional VIII
$289
$/hr
ProfessionalIX
$289
$/hr
Technician I
$130
$/hr
Technician II
$144
$/hr
Technician 1II
$162
$/hr
Technician IV
$177
$/hr
Technician V
$192
$/hr
Technician VI
$211
$/hr
Technician VII
$229
$/hr
Technician VIII
$239
$/hr
$/hr
Administrative 1
$87
Administrative II
$102
$/hr
Administrative III
$120
$/hr
Administrative IV
$144
$168
$/hr
$/hr
Administrative V
CAD/GIS System
$28.88
$/hr
CAD Plots - Haif Size
$2.63
price per plot
price per plot
CAD Plots Full Size
$10.50
CAD Plots Large
$26.25
price per plot
Copies (bw) 8.5" X 11"
$0.09
price per copy
Copies (bw) 8.5" X 14"
$O.15
price per copy
Copies (bw) 11"X 17"
$0.21
price per copy
Copies (color) 8:5" X 11"
$0.95
price per copy
price per copy
Copies (color) 8.5" X 14"
$1.26
Copies (color) 11" X 17"
$2.10
price per copy
Technology Charge
2.50%
% of Direct Labor
Mileage
$0.6550
price per mile
(or Current IRS Rate)
Subconsultants
10%
Cost +
Outside Services
at cost
The rates shown will be used for the duration -ofthe project
1
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.C.
For Meeting of: July 5, 2023
Resolution authorizing an agreement with RH2 Engineering, Inc. to
provide engineering services for City of Yakima Project WF2761
Biosolids Dewatering Improvements at the Wastewater Treatment
Plant
SUBMITTED BY: Scott Schafer, Director of Public Works
* Mike Price, Wastewater/Stormwater Manager 509-249-6815
SUMMARY EXPLANATION:
The City of Yakima (City) Wastewater Treatment Plant utilizes two aging centrifuges to remove
water from biosolids prior to hauling the biosolids to a beneficial use facility. The centrifuge
process is energy intensive, requires frequent expensive maintenance by specialist repair firms,
and requires the full-time attendance of a wastewater treatment plant operator.
City Project WF2761 will replace the centrifuges with two screwpress units that require low power
input, reduced maintenance, and only part-time operator attendance. The Project also includes
biosolids conveyor improvements that allow efficient and unattended loadout of dewatered
biosolids to the transport trailers.
The City used the Municipal Research and Services Center (MRSC) of Washington roster, a
statewide small works and consultants roster system, followed by a competitive selection process
under City Request for Qualifications 12303Q in selecting RH2 Engineering, Inc. to provide
design, bidding, and construction engineering services for City Project WP2761.
The terms of the Agreement would be in an amount not to exceed Nine Hundred Fifty -Three
Thousand Dollars ($953,000) and is attached for City Council review. Funds are budgeted from
Wastewater Capital Fund 478.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
2
Adopt Resolution.
ATTACHMENTS:
Description Upload Date
0 Resolutbn 6/30/2023
0 Agreement 6/2/2023
Type
CoN,er Memo
Contract