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RH2 Engineering, Inc. - East UGA Expansion Sewer LID PSA (#22-002)
PROFESSIONAL SERVICES AGREEMENT East UGA Expansion Sewer LID Agreement No. 22-002 THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as "City", and R112 Engineering, Inc., hereinafter referred to as "Consultant," on the day of , 2022. RECITALS WHEREAS, the City desires to have certain services and/or tasks performed as set forth below requiring specialized skills, training, equipment, and other supportive capabilities; and WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills, experience, equipment, and necessary capabilities, including: technical and professional expertise, when required, to perform the services and/or tasks as set forth in this Agreement upon which the City is relying. WHEREAS, the City has, consistent with RCW 39.80, published an announcement related to its need for Architectural and Engineering services, evaluated Consultant's current performance data, and has determined that Consultant is the most highly qualified firm to perform the Architectural and Engineering services related to the East UGA Expansion Sewer LID project; and WHEREAS, the City's Public Works Director finds that the Agreement with Consultant is both fair and reasonable in light of the duties to be performed, the Consultant's performance data, and the nature and complexity of the project. NOW, THEREFORE, in consideration of the mutual covenants, and performances contained herein, the parties agree as follows: 1. Scone of Services. The Consultant shall perform such services and accomplish such tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full performance thereof, as identified and designated as Consultant's Responsibilities throughout this Agreement, and as more particularly described in Scope of Work detailed in Exhibit A, attached hereto and incorporated herein (the "Project"). 2. Term. This Project shall begin on the execution date listed above and promptly be completed by December 31, 2023. 3. Compensation and Payment. 3.1 Payment for services provided hereunder shall be made following the performance of such services. Such payment shall be full compensation for work performed or services rendered, and for all labor, materials, supplies, equipment, and incidentals necessary to complete the Project. Professional Services Agreement — R112 Engineering, Inc. Agreement No. 22-002 East UGA Expansion Sewer LID Page 1 of 10 3.2 No payment shall be made for any services rendered by the Consultant except for services identified and set forth in this Agreement except as may be authorized by a written supplemental agreement approved by the City. 3.3 The City shall pay the Consultant for work performed under this Agreement upon timely submitted invoices detailing work performed and expenses for which reimbursement is sought. The City shall approve all invoices before payment is issued. Payment shall occur within thirty (30) days of receipt and approval of an invoice. 3.4 The City shall pay the Consultant for all work performed and expenses incurred under this Agreement, as follows. ® Hourly (Multiple Rate): Such rates as identified on Exhibit B, plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $270,045.00 without the prior written authorization by the City. 4. Reports and Inspections. 4.1 The Consultant at such times and in such forms as the City may require, shall furnish to the City such statements, records, studies, surveys, reports, data, and information as the City may request pertaining to matters covered by this Agreement. 4.2 The Consultant shall, at any time during normal business hours and as often as the City or the Washington State Auditor may reasonably deem necessary, make available for examination all of its records and data with respect to all matters covered, directly or indirectly, by this Agreement and shall permit the City, or its designated authorized representative to audit and inspect other data relating to all matters covered by this Agreement. The City shall receive a copy of all audit reports made by the agency or firm as to the Consultant's activities. The City may, at its discretion, conduct an audit at its expense, using its own or outside auditors, of the Consultant's activities which relate, directly or indirectly, to this Agreement. Consultant shall be provided a copy of such reports. 4.3 The Consultant, during the term of this Agreement, shall obtain all permits and registration documents necessary for the performance of its work and for the execution of services at its own expense, and shall maintain its validity. Upon request, the Consultant shall deliver to the City copies of these licenses, registration documents, and permits or proof of their issuance or renewal. 4.4 Consultant shall maintain books, records and documents, which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement, and shall maintain such accounting procedures and practices as may be necessary to assure proper accounting of all funds paid pursuant to this Agreement. Professional Services Agreement — RI -12 Engineering, Inc. Agreement No. 22-002 East UGA Expansion Sewer LID Page 2 of 10 These records shall be subject, at all reasonable times, to inspection, review, or audit as provided above. 4.5 The Consultant shall retain all books, records, documents or other material relevant to this Agreement for three (3) years after its expiration. Consultant agrees that the City, or its designee, shall have full access and right to examine any of said materials at all reasonable times during this period. 5. Ownership and Use of Documents. 5.1 All research, tests, surveys, preliminary data, information, drawings and documents made, collected, or prepared by the Consultant for performing the services subject to this Agreement, as well as any final product, collectively referred to as "work product," shall be deemed as the exclusive property of the City, including copyright as secured thereon. Consultant may not use them except in connection with the performance of the services under this Agreement or with the prior written consent of the City. Any prior copyrighted materials owned by the Consultant and utilized in the performance of the services under this Agreement, or embedded in with the materials, products and services provided thereunder, shall remain the property of the Consultant subject to a license granted to the City for their continued use of the products and services provided under this Agreement. Any work product used by the Consultant in the performance of these services which it deems as "confidential," "proprietary," or a "trade secret" shall be conspicuously designated as such. 5.2 In the event of Consultant's default, or in the event that this Agreement is terminated prior to its completion, the work product of the Consultant, along with a summary of the services performed to date of default or termination, shall become the property of the City, and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of services provided shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of services provided. 6. Public Records. 6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW "Public Records Act." All preliminary drafts or notes prepared or gathered by the Consultant, and recommendations of the Consultant are exempt prior to the acceptance by the City or public citation by the City in connection with City action. 6.2 If the Consultant becomes a custodian of public records of the City and request for such records is received by the City, the Consultant shall respond to the request by the City for such records within five (5) business days by either providing the records, or by identifying in writing the additional time necessary to provide the Professional Services Agreement — RH2 Engineering, Inc. Agreement No. 22-002 East UGA Expansion Sewer LID Page 3 of 10 records with a description of the reasons why additional time is needed. Such additional time shall not exceed twenty (20) business days unless extraordinary good cause is shown. 6.3 In the event the City receives a public records request for protected work product of the Consultant within its possession, the City shall, prior to the release of any protected work product or as a result of a public records request or subpoena, provide Consultant at least ten (10) business days prior written notice of the pending release and to reasonably cooperate with any legal action which may be initiated by the Consultant to enjoin or otherwise prevent such release. 7. Independent Contractor Relationship. 7.1 The parties intend that an independent contractor relationship is created by this Agreement. The City is interested primarily in the results to be achieved; subject to the scope of services and the specific requirements of this Agreement, the implementation of services will lie solely with the discretion of the Consultant. No agent, employee, officer or representative of the Consultant shall be deemed to be an employee, agent, officer, or representative of the City for any purpose, and the employees of the Consultant are not entitled to any of the benefits or privileges the City provides for its employees. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, officers, subcontractors or representatives during the performance of this Agreement. 7.2 In the performance of the services provided in this Agreement, Consultant is an independent contractor with full authority to control and direct the performance of the details of the work, however, the results of the work contemplated herein must meet the approval of the City and shall be subject to the City's general rights of inspection and review to secure the satisfactory completion thereof. 7.3 The Consultant shall comply with all State and Federal laws including, but not limited to: 7.3.1 The definition requirements of RCW 50.04.140 (Employment Security). 7.3.2 RCW 51.08.195 (Industrial Insurance). 7.3.3 Obtain a City of Pasco business license. 7.4 The City may, at its sole discretion, require the Consultant to remove any employee, agent or servant from employment on this Project who, in the City's sole discretion, may be detrimental to the City's interest. Professional Services Agreement — RH2 Engineering, Inc. Agreement No. 22-002 East UGA Expansion Sewer LID Page 4 of 10 8. Indemnification. 8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 8.2 However, 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 Consultant, and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8.3 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.4 This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant's delayed or failed performance of Section 6 above. 9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subcontractors. The Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types and coverage described below: 9.1.1 Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 9.1.2 Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with Professional Services Agreement — RH2 Engineering, Inc. Agreement No. 22-002 East UGA Expansion Sewer LID Page 5 of 10 respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 9.1.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 9.1.4 Professional Liability insurance appropriate to the Consultant's profession. 9.2 Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 9.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 9.2.2 Commercial General Liability insurance shall be written with limits no less than: © $2,000,000 each occurrence; and ® $2,000,000 general aggregate; 9.2.3 Professional Liability insurance shall be written with limits no less than: ® $2,000,000 per claim; and ® $2,000,000 policy aggregate limit; 9.3 Other Insurance Provision. The Consultant's Automobile Liability, Professional Liability, and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 9.3.1 The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 9.5 Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including, but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 9.6 Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation within two (2) business days of their receipt of such notice. Professional Services Agreement — RH2 Engineering, Inc. Agreement No. 22-002 East UGA Expansion Sewer LID Page 6 of 10 9.7 City Full Availability of Consultant Limits. If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant. 9.8 Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five (5) business days notice to the Consultant to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 10. Nondiscrimination. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment in the performance of this Agreement without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance with local, State and Federal laws prohibiting discrimination in employment. 11. Covenant Against Continp-ent Fees. The Consultant warrants that it has not employed nor retained any company, firm, or person, other than a bona fide employee working exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any company, person or firm, other than a bona fide employee working exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement. 12. Assignment and Subcontracting. 12.1 The City has awarded this Agreement to the Consultant due to its unique qualifications to perform these services. The Consultant shall not assign (or subcontract other than as specifically identified in Exhibit A) its performance under this Agreement or any portions of this Agreement without the prior written consent Professional Services Agreement — RH2 Engineering, Inc. Agreement No. 22-002 East UGA Expansion Sewer LID Page 7 of 10 of the City, which consent must be sought at least thirty (30) days prior to the date of any proposed assignment. 12.2 Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement including Section 6, Public Records; Section 10, Nondiscrimination; proper bidding procedures where applicable; and all local, State and Federal statutes, ordinances and guidelines. 12.3 Any technical or professional service subcontract not listed in this Agreement, must have prior written approval by the City. 13. Termination. 13.1 Termination for Convenience. Either party may terminate this Agreement for any reason upon giving the other parry no less than ten (10) business days written notice in advance of the effective date of such termination. 13.2 Termination for Cause. If the Consultant fails to perform in the manner called for in this Agreement, or if the Consultant fails to comply with any other provisions of this Agreement and fails to correct such noncompliance within five (5) business days of written notice thereof, the City may terminate this Agreement for cause. Termination shall be effected by serving a notice of termination on the Consultant setting forth the manner in which the Consultant is in default. The Consultant will only be paid for services and expenses complying with the terms of this Agreement, incurred prior to termination. 14. General Provisions. 14.1 For the purpose of this Agreement, time is of the essence. 14.2 Notice. Notice provided for in this Agreement shall be sent by: 14.2.1 Personal service upon the Project Administrators; or 14.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. 14.3 The Project Administrator for the purpose of this Agreement shall be: 14.3.1 For the City: Brandon Lane, E.I.T., or his/her designee Engineer II 525 North 3`a PO Box 293 Pasco, WA 99301 laneb@pasco-wa.gov (e-mail address) Professional Services Agreement — RH2 Engineering, Inc. Agreement No. 22-002 East UGA Expansion Sewer LID Page 8 of 10 14.3.2 For the Consultant: Paul Cross, P.E., or his/her designee Principal 114 Columbia Point Drive, Suite C Richland, WA 99352 peross(i&h2.com (e-mail address) 15. Dispute Resolution. 15.1 This Agreement has been and shall be construed as having been made and entered into and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. 15.2 In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the Project Administrators, or their designees, shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RC W 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other similar event or other provision of this Agreement. 17. Integration. This Agreement between the parties consists in its entirety of this document and any exhibits, schedules or attachments. Any modification of this Agreement or change order affecting this Agreement shall be in writing and signed by both parties. 18. Authorization. By signature below, each party warrants that they are authorized and empowered to execute this Agreement binding the City and the Consultant respectively. Professional Services Agreement — RH2 Engineering, Inc. Agreement No. 22-002 East UGA Expansion Sewer LID Page 9 of 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY OF PASCO, WASHINGTON ATTEST: Debra C. Barham, City Clerk APPROVED AS TO FORM: Kerr Ferguson Law, PL C, City At orney CONSULTANT QL;�- 017'vsvm. Paul Cross, PE - Principal Professional Services Agreement — RI -12 Engineering, Inc. Agreement No. 22-002 East UGA Expansion Sewer LID Page 10 of 10 EXHIBIT A Scope of Work City of Pasco East UGA Expansion Sewer Local Improvement District Project December 2021 Background The City of Pasco (City) has retained RH2 Engineering, Inc., (RH2) to design gravity sewer transmission mains and two (2) sewer pump stations to connect the expanded Urban Growth Area (UGA) east of Road 68 and the Reimann Industrial Center (RIC) to the existing sewer system. The City's preliminary design concepts call for a 12- and 15 -inch -diameter gravity sewer main, two (2) lift stations and up to three (3) major crossings of either Burlington Northern Santa Fe (BNSF) Railway or State Route 395 (SR 395) through the Washington State Department of Transportation (WSDOT). Much of the route will require new easements and/or permits with Franklin County (County) to construct along the existing County right-of-way (ROW). Phase 1 of the project will focus on assessing the preliminary alignments proposed in the Addendum to the Comprehensive Sewer Plan (Sewer Plan) and progressing the design to a point where a local improvement district (LID) can be formed to provide services to the East UGA. This phase will correspond with a decision by the Eastern Washington Growth Management Hearings Board (GMHB) on the validity of the expanded UGA. Phase 2 of the work will identify high priority early -action items necessary to proceed with easement acquisitions and rights of entry as soon as the agreement to form the LID is determined and the UGA is confirmed by GMHB. A contract amendment for Phase 3 will be required to prepare final design plans, technical specifications, and cost estimates for gravity sewer pipelines, lift stations, and force mains for those portions of the project that are ready to proceed. Additional phases may be required for those areas that are not ready to address their development needs and construction contracts are anticipated to be broken out into multiple schedules with some schedules bid together and others bid separately. The fee for subconsultant services identified in Phase 1 and Phase 2 are not intended to be all- inclusive for all phases of the project. The intention of Phases 1 and 2 is to begin those portions of the project that are in the critical path as necessary without the need for scoping the entirety of the project. City of Pasco East UGA Expansion Sewer LID Project Phase 1 Exhibit A Scope of Work Task 1— Project Management Services Objective: Prepare and update project schedule. Review and update project files and budget progress. Approach: 1.1 Prepare a project schedule and update monthly for up to nine (9) months (does not include construction). 1.2 Review and update project files and budget progress monthly for up to nine (9) months. Assumptions: • It is assumed that the City, agencies, property owners, subconsultants, and other stakeholders outside of RH2's control or influence will approach the project with good faith and fair dealings, and that coordination and communications above and beyond those reasonably expected of a similarly sized project will not be required. RI -12 Deliverables: • Monthly project schedule in electronic PDF. • Electronic budget invoices or updates monthly for up to nine (9) months. Task 2 — Preliminary Alignment Assessment Objective: Perform preliminary alignment assessment based upon City contact with willing landowners, existing utility congestion, regulatory requirements, and City objectives and preferences. Approach: 2.1 Confirm the East UGA sewer basin service area, projected sewer basin flows, and proposed gravity main alignments, depth, and diameters. Include consideration for future development plans and loadings as identified in the Sewer Plan from RIC and other potential industrial development north and east of the sewer basin area boundary. 2.2 Prepare 10 -percent plan views and comparison matrices for the preferred gravity main alignments (as identified by the Sewer Plan) and one (1) alternative alignment based on City input, utility congestion, property owner preferences, rough order of magnitude construction cost estimates, accessibility, anticipated ROW acquisition and costs, and general feasibility. 2.3 Prepare 10 -percent plan views and comparison matrices for the preferred Glade Lift Station location and force main alignment (as identified bythe Sewer Plan) and one (1) alternative force main alignment based on City input, utility congestion, property owner preferences, rough order of magnitude construction cost estimates, accessibility, anticipated ROW acquisition and costs, and general feasibility. N City of Pasco East UGA Expansion Sewer LID Project Exhibit A Scope of Work 2.4 Conduct one (1) site visit to identify and photograph visible existing conditions within and around the preferred pipe alignment and alternative alignment. 2.5 Attend up to five (5) meetings with the City and property owners to review alternatives and discuss alignment selection. Prepare meeting agenda and minutes in electronic PDF. Assumptions: • RH2 will rely upon the accuracy and completeness of data, materials, and information provided by the City or others in relation to this Scope of Work. • The project schedule assumes that the City will select an alignment for design based upon recommendations within five (5) working days of receipt of the final property owner meeting. • The extension of sewer alignment north and extending west from the intersection of Powerline Road and Road 36N is on hold and will not be included in the preliminary alignment assessment until the property owners decide on a final grading plan. Provided by City: • Attendance at one (1) site visit. • Attendance at up to five (5) meetings with RI -12 and property owners at City Hall. • Selection of gravity main alignment to be used as the basis for design. • Selection of a Glade Lift Station location and force main alignment to be used as the basis of design. • LiDAR data of the East UGA Sewer Area performed in 2018. RI -12 Deliverables: • 10 -percent plan view drawings identifying alignment alternatives with accompanying comparison matrices in electronic PDF. • 10 -percent lift station drawings and plan views of force main alignment alternatives with accompanying comparison matrices in electronic PDF. • Attendance at one (1) site visit. • Attendance at up to five (5) meetings with City staff and property owners at City Hall. Provide meeting agenda and minutes in electronic PDF. Task 3 — Right -of -Entry and Crossing Permits Objective: Subcontract and coordinate with a licensed surveyor and geotechnical subconsultant to obtain rights -of -entry (ROEs) and prepare BNSF and WSDOT crossing permits. Approach: 3.1 Coordinate with up to ten (10) property owners to obtain ROEs for topographic survey, cultural survey, and geotechnical investigation access. Any effort for these services in excess of twelve 3 City of Pasco East UGA Expansion Sewer LID Project Exhibit A Scope of Work (12) hours is outside of this Scope of Work and will be negotiated as part of an amended scope of work. 3.2 Correspond with BNSF and WSDOT to obtain facility reference plans required for permit applications. Prepare preliminary crossing applications and determine data gaps for final permit applications. It is assumed that Phase 1 dollars and timetable will not provide for geotechnical drilling, soils analysis, or shoring design to occur. 3.3 Subcontract and coordinate with a geotechnical subconsultant to perform geotechnical engineering services to provide design and construction recommendations for the project segments associated with BNSF and SR 395 crossings. Phase 1 work will be limited to initial desktop investigations, site visit, utility locates, and tentative scheduling of a geotechnical drilling rig for Phase 2 work. 3.4 Subcontract and coordinate with a licensed surveyor to perform topographic surveys of the crossing locations for design purposes. 3.5 Prepare 60 -percent crossing designs for two (2) BNSF crossings and one (1) crossing of SR 395 following each agency's utility accommodation policies. It is assumed that all crossings will extend from ROW line to ROW line and no deviations in the crossing requirements will be pursued. 3.6 Meet with the City and the Port of Pasco (Port) and other underlying landowners to review the 60 -percent plans and obtain concurrence on the depth and location of the proposed crossings. RH2 will provide the agenda and minutes in electronic PDF 3.7 Prepare 90 -percent crossing designs for two (2) BNSF crossings and one (1) crossing of SR 395 following each agency's utility accommodation policies incorporating comments from the City and Port. Provided by City: • Attendance at one (1) review meeting. • Review of 60 -percent and 90 -percent details and required input from the Port. • Selection of gravity main force main crossing alignment to be used as the basis of the permit applications. RH2 Deliverables: • 60 -percent plan/profile view drawings and draft permit applications in electronic PDF. • 30 -percent lift station drawings and 90 -percent plan/profile view drawings and draft permit applications in electronic PDF. • Attendance at one (1) review meeting. 4 City of Pasco East UGA Expansion Sewer LID Project Phase 2 Task 4 — ROW Acquisition and Easements Exhibit A Scope of Work Objective: Subcontract and coordinate with a property acquisition and appraisal subconsultant to appraise and prepare documentation for negotiations and acquisition of easements for lands for up to ten (10) properties. Subcontract with a licensed surveyor to provide legal descriptions for up to ten (10) properties. Approach: 4,1 Prepare legal descriptions and exhibit maps for the properties in the LID. 4,2 Provide one (1) real estate appraisal for each property from which an interest is to be acquired, for up to ten (10) properties. 4.3 Subcontract with a property acquisition and appraisal subconsultant to provide acquisition advisory services for up to ten (10) ROW files, including obtaining preliminary title reports, working with the title company to clear title encumbrances or making the offer subject to clearing title encumbrances, preparing Offer Packets and Final Report Packets for each property, obtaining escrow services, and coordinating closing transactions. 4.4 Prepare legal descriptions and maps for up to ten (10) permanent sewer utility easements. This subtask will be completed by a licensed surveyor as a subconsultant to RI -12. 4.5 Attend up to twenty (20) meetings with up to ten (10) property owners and the City to discuss acquisitions and projected project impacts. Assumptions: • ROW acquisition is on the critical path for this project. The project schedule assumes that the City will review and approve property acquisition and appraisal subconsultant's deliverables within five (5) business days of receipt, and that negotiations between the City and property owners will proceed without significant delay such that closing is achieved by lune 2022. • The term "properties" shall be understood to mean property that constitutes the "larger parcel" as described in the Washington State Department of Transportation (WSDOT) Right - of -Way Manual. • All appraisal reports shall be abbreviated or short form (AOS) valuations for simple takings and detailed (before/after or taking/damages) appraisals for complex takings. • The property acquisition and appraisal subconsultant will provide written notice to owners of the planned appraisal inspections. The property owners will be invited to accompany the appraiser on any inspection of their property for appraisal purposes. • Special benefits, if any, must be quantified by the appraiser whether or not there are any compensable damages to the property. • All ROWS shall be acquired in the name of the City. City of Pasco East UGA Expansion Sewer LID Project Exhibit A Scope of Work • Offers will be made on City letterhead and will include City contact information, acquisition and relocation brochures, offer -benefit letter, acquisition and relocation summary statements, conveyance documents, exhibits, a copy of the appraisal, map of acquisition, instruments of conveyance, and W-9 form (if money is exchanged). o If the offer is accepted, the property acquisition and appraisal subconsultant will obtain escrow services from a local title company for permanent acquisitions and coordinate closing transactions between the title company and the City. All signed Temporary Construction Easements will be forwarded to the City for processing. o If a counteroffer is received and accepted, the property acquisition and appraisal subconsultant shall prepare a justification letter supporting Administrative Settlement for the City's acquisition file. o If an acceptable agreement is not reached, the property acquisition and appraisal subconsultant shall prepare a Recommendation for Condemnation. • The property acquisition and appraisal subconsultant shall review the Report of Personal interview for each file. The Report of Personal Interview must include contact with property owners, owners' attorneys, and occupants; efforts to achieve amicable settlements; owners' suggestions for changes in plans, responses to owners' counterproposals, etc. • There are no residential or non-residential relocations, or personal property relocations. • Negotiation services are not included in this Scope of Work. • The City will perform first contact with property owners and provide contact information to RH2 to coordinate ROES. • Escrow services and title insurance are necessary for permanent acquisitions only. This budget assumes that there will be five (5) files with permanent easements. • Temporary Construction Easements will not be recorded. Provided by City: • Final review and acceptance of the appraisals. • First contact with affected property owners. • Negotiation with, and establish just compensation for, each property owner and will provide notification to RH2 and the property acquisition and appraisal subconsultant. • The City will be responsible for reviewing and signing the offer packets provided by the property acquisition and appraisal subconsultant. • Attendance at up to twenty (20) meetings with property owners, property acquisition and appraisal subconsultant, and RH2 staff at City Hall. N City of Pasco East UGA Expansion Sewer LID Project RH2 Deliverables: Exhibit A Scope of Work • One (1) exhibit map and legal description in electronic format per property for up to ten (10) properties. • Up to ten (10) appraisals in electronic format. • Up to three (3) Offer Packets for review and signature by the City in electronic PDF. • Up to three (3) Final Report Packets for each file for payment and conveyance of title and recording to the City in electronic PDF. • Up to three (3) Recommendations for Condemnation, if applicable, in electronic PDF. • Attendance at up to twenty (20) meetings with property owners, property acquisition and appraisal subconsultant, and City staff at City hall. Task 5 — Permitting Assistance Objective: Assist the City with the preparation of necessary documents and permit submittals to meet local and state requirements with regard to the State Environmental Policy Act (SEPA), Washington State Department of Ecology's (Ecology) jurisdiction over public wastewater improvements, the County's ROW permit and encroachment process, and required City permit processes. Subcontract and coordinate with Cultural Resource Consultants, LLC (CRC) to perform cultural survey of the proposed project alignment to the extent required by the City and regulatory agencies with jurisdiction. Approach: 5.1 Subcontract and coordinate with CRC to complete cultural survey work. CRC will contact the State Historic Preservation Officer (SHPO) and applicable tribes, perform background research and site investigation, and prepare a Cultural Resources Assessment report to identify archaeological and historical resources in accordance with Washington State Department of Archaeology and Historic Preservation (DAHP) guidelines. 5.2 Collect and review readily available background information related to the project, including published relevant environmental reports, sensitive areas mapping and data, aerial photography, and topographic maps. Data collected will be used to inform field investigations, included in permit applications/reports, and used during discussions with regulatory agency staff. 5.3 Conduct an environmental site investigation to identify, characterize, and delineate environmental resources at and within 150 feet of the selected sewer alignment. It is assumed that wetland habitat is associated with the South Columbia Basin Irrigation District (SCBID) irrigation drainage in the vicinity of the project, and consequently, the proposed sewer alignment will cross and/or be constructed in proximity to this drainage feature. Field -flag delineated wetland boundaries for subsequent survey. Complete wetland ratings for identified wetlands. Compile field data and maps for topographic survey and critical areas reporting. Coordinate with a licensed surveyor to obtain survey of environmental boundaries and data 7 City of Pasco Exhibit A East UGA Expansion Sewer LID Project Scope of Work points. it is assumed that the City will coordinate and obtain ROE access to adjacent parcels for RH2's site investigations. 5.4 Prepare a Wetland Detailed Study (WDS) in accordance with Pasco Municipal Code (PMC) 28.16.050 utilizing background information and site-specific data collected during the site investigation. The WDS will be submitted to the City for permit review purposes. It is assumed through alternatives analysis and design that impacts to the wetland drainage can be avoided and minimized, such that no compensatory mitigation will be needed for permanent wetland fill or excavation. This subtask estimates six (6) hours of RH2 effort to coordinate with the City regarding avoidance and minimization measures and prepare corresponding language for inclusion in the WDS. 5.5 Prepare a utility crossing permit application from the SCBID for the US Bureau of Reclamation (Reclamation) crossings, together with required plan and profile details of pipeline, casing, bore pits, traffic control, and all other requirements for the crossings. The effort involved in this subtask is not well-defined, therefore, RH2 has conservatively estimated fourteen (14) hours to coordinate with SCBID. If additional effort is determined necessary, an amendment to this Scope of Work may be needed. 5.6 Prepare a draft SEPA Checklist for City staff review in electronic PDF. Based on City staff comments, finalize the SEPA Checklist and provide to City Planning staff for completion of a SEPA Determination and subsequent publication. 5.7 Attend up to three (3) meetings with the City, Ecology, SCBID and/or Reclamation to discuss permitting tasks and progress. Prepare meeting agenda and minutes for each meeting. 5.8 Prepare and submit a County ROW Permit application to the City for review and final submittal. 5.9 Prepare and submit a City ROW Permit application to the City for review and final submittal. Assumptions: • Cultural survey and wetland delineation costs are based on a preliminary alignment and may change if the alignment is lengthened or significantly altered. • Cultural survey and wetland delineation costs assume the project area is clear of dense vegetation such that archaeologists and biologists will be able to complete investigations with minimal path clearing. • Cultural costs assume that no more than one (1) unrecorded archaeological site or one (1) unrecorded historic site will be identified within the project area. If additional sites are found, it may be necessary to increase the cost of this Task. Task budget was prepared with the assumption that no more than twenty (20) shovel test probes would be excavated. If extensive archaeological deposits are encountered or if additional shovel test probes are warranted within the project area, it may be necessary to modify this Scope of Work to accommodate additional investigations for purposes of site identification. • This Scope of Work does not include effort for mitigation to impacts associated with archaeological or historic sites. 8 City of Pasco East UGA Expansion Sewer LID Project Exhibit A Scope of Work • If human remains are found within the project area, all cultural field investigations will cease immediately, proper authorities will be notified, and field investigations will not resume until applicable state laws are addressed. • CRC assumes that the City will submit the Cultural Resources Assessment report to DAHP within fifteen (15) days of receipt of said report for review. CRC and RH2 cannot be held liable for reports prepared but not submitted to DAHP in a timely manner. Additional fees may apply for additional services required as part of DAHP's review process for reports submitted more than fifteen (15) days after receipt. • No cultural resources study can wholly eliminate uncertainty regarding the potential for prehistoric sites, historic properties, or traditional cultural properties to be associated with a project. The information presented in reports is based on experience and professional opinions derived from the analysis and interpretation of the documents, records, literature, and information identified and used within the report, and during field investigations. The conclusions and recommendations presented will apply to the project conditions existing at the time of the study and those reasonably foreseeable. • The City will assist RH2 with supplying information required for the SEPA Checklist to the extent that information is accessible to the City. • No engineering report will be required for Ecology review and approval. • No flagging or traffic control will be required to obtain the required survey data. No flagging or traffic control will be required to obtain the required survey data. • The City will submit all final permit applications directly. • The City will pay all permit and review fees directly. • it is assumed that impacts to the wetland drainage and/or other critical areas will be avoided and minimized. As such, this Scope of Work does not include development of compensatory mitigation plans. Should it be necessary, mitigation design services will be addressed in an amendment to this Scope of Work. • No federal funds are involved in the project. No federal permitting, federal biological assessments or evaluations, or U.S. Army Corps of Engineers permitting, or coordination will be involved. This Scope of Work assumes that the Reclamation crossing will not trigger requirements of the National Environmental Policy Act (NEPA). If that is not the case, additional permitting may be required, which would be addressed through an amendment to this Scope of Work. • Archaeological monitoring, more detailed scientific assessment, or other requirements imposed as part of the permit approval process will require an additional authorization and a modification to this Scope of Work. 9 City of Pasco East UGA Expansion Sewer LID Project Exhibit A Scope of Work • Permitting -related work will be conducted on a time and expense basis with the goal that the required permitting can be accomplished within the proposed permitting budget in the attached Fee Estimate. • RH2 is not responsible for site safety, nor for directing the surveyor in collection of survey data. • RH2 cannot warrant or guarantee any agency's approval or response time. • RH2 will rely on the accuracy and completeness of data, materials, and information provided or generated by the City or others in relation to this Scope of Work. Provided by City: • Payment of all permit application fees. • Assistance with completion of permit applications and coordination with agency staff, as needed. • Timely review and comment on draft permit applications prior to submittal. • Determination and publication elements of permit applications. RH2 Deliverables: • One (1) Cultural Resources Assessment report in electronic PDF. • One (1) Wetland Detailed Study in electronic PDF. • One (1) completed SCBID/Reclamation utility crossing application in electronic PDF. • One (1) completed draft and final SEPA checklist in electronic PDF. • One (1) completed County ROW permit in electronic PDF format. • One (1) completed City ROW Permit in electronic PDF format. • Attendance at up to three (3) meetings with agency and City staff. Prepare meeting agendas and minutes for each meeting in electronic PDF. Task 6 — Geotechnical Assessment Objective: Subcontract and coordinate with a geotechnical subconsultant to perform geotechnical engineering services to provide design and construction recommendations for the project segments through the sand drifts, irrigation ponds, and black sand areas. Approach: 6.1 Complete drilling fieldwork and observation; obtain laboratory analysis of soil samples for moisture content, particle size distribution, and corrosion potential; perform engineering analyses; and prepare geotechnical engineering report that summarizes observations, explorations, analyses, and design and construction recommendations. 6.2 Prepare shoring design for directional or jack and bore drilling methods in support of BNSF and WSDOT permits. 10 City of Pasco Exhibit A East UGA Expansion Sewer LID Project Scope of Work 6.3 Subcontract with and support the geotechnical subconsultant's field work, review draft geotechnical report, support field activities and communication with the City. Assumptions: • The geotechnical engineering report will include exploration logs and a site exploration plan, interpreted soil classifications, groundwater depth, if encountered, utility trenching recommendations, trenchless alternatives and recommendations, including relative feasibility and risks of different alternative methods, and County or SCB1D specific requirements for the selected alternative, excavation and shoring recommendations for launching and receiving pits, geotechnical instrumentation recommendations for monitoring the performance and potential settlement and heave above the trenchless installation, general grading recommendations, and wet weather construction considerations. • Boring site accessibility at time of investigation will affect selection of tracked -rig or truck- mounted drill rig. • Most drilling will be completed on private property, and a private utility locator will be subcontracted by the geotechnical subconsultant to locate underground utilities. • No soil contamination will be encountered at the site. • The soil cuttings (spoils) will spread around on drilling sites. RH2 Deliverables: • One (1) draft and one (1) final geotechnical report in electronic PDF. Task 7 — Plans, Specifications, and Estimates - Casings Objective: Prepare bid -ready submittal packages with construction drawings, specifications, and cost estimates for the proposed improvements. Approach: 7.1 Incorporate geotechnical boring locations, along with geotechnical report, shoring design, pothole data, and available record data, to prepare utility permit and traffic control drawings. 7.2 Prepare agency review technical specifications based on RH2's modified WSDOT format. 7.3 Finalize utility permit applications and submit to BNSF and WSDOT. 7.4 Incorporate agency review comments into plans and specifications and finalize for permits and bid -ready plans. 7.5 Prepare bid -ready cost estimate. 7.6 Provide in-house quality assurance/quality control (QA/QC) review of bid -ready plans, specifications, and estimate. 7.7 Incorporate City non-technical specifications and prepare bid -ready construction documents for bidding. 11 City of Pasco East UGA Expansion Sewer LID Project Assumptions: Exhibit A Scope of Work • The design will utilize City standard details and City general contractual conditions and forms to the extent applicable. • The City will pay all application fees associated with the crossing permits with BNSF and WSDOT. • The design does not include additional provisions for other utilities. If additional utilities are added to this Scope of Work, an amendment will need to be mutually determined between the City and RH2. • Upon reviewing information, materials, or data provided by others in relation to this project, RH2 will coordinate with the City to identify missing or incomplete information deemed necessary to complete the work identified in this Task. Any additional effort required to complete the work or address elements outside of this Scope of Work will be negotiated as part of an amended scope of work. • No date is warranted or implied for agency response or approval of applications. Provided by City: • Reviews and comments on the 30 -percent, 60 -percent, and agency review plans, specifications, and estimates. The project schedule assumes that City will complete reviews at each stage within five (5) business days of receipt. • General contractual conditions and forms to the extent applicable. RH2 Deliverables: • One (1) topographic survey in electronic (PDF and AutoCAD) formats. • One (1) technical memorandum from geotechnical subconsultant in electronic PDF documenting design decisions. • One (1) full-size set each of 30 -percent, 60 -percent, agency review, and bid -ready design drawings in electronic format. • One (1) set each of 60 -percent, agency review, and bid -ready technical specifications in electronic format. • One (1) engineer's estimate of construction costs at 30 -percent, 60 -percent, and bid -ready design in electronic format. • Final crossing permit applications to meet agency submittal requirements. Task 8 — LID Process and Appraisals Objective: Prepare a preliminary assessment map and assessment roll and hold an informal survey to gauge property owner support of the LID. Assist the City with development of draft resolutions, public hearings, and City Council presentations. 12 City of Pasco Exhibit A East UGA Expansion Sewer LID Project Scope of Work Approach: 8.1 Prepare a preliminary assessment map and assessment roll based upon a combination of front footage, parcel area, and per property within the LID for initial discussion. 8.2 Meet with the City staff to discuss and compare methodology and decide on preliminary LID assessment approach. 8.3 Adjust the preliminary assessment map and assessment roll based upon appraisals and feedback from LID participants. 8.4 Assist the City with development of draft resolutions and attend public hearings and City Council presentations. 8.5 Assist with the preparation of the final assessment roll and prepare the roll for City Council action and filing upon completion of construction. Assumptions: • The City will contract and coordinate directly with an appraisal firm to obtain pre- and post - process, market-based property values of adjacent property boundaries benefiting from the improvements. • RH2 will attend up to three (3) public hearings and three (3) City Council presentations related to subtask 8.4. Provided by City: • Pre- and post -process, market-based property values of adjacent properties benefiting from the improvements. • Attendance at one (1) meeting to discuss LID methodology and approach. • Attendance at up to three (3) public hearings and three (3) City Council presentations. RH2 Deliverables: • Attendance atone (1) meeting to discuss LID methodology and approach. • Attendance at up to three (3) public hearings and three (3) City Council presentations. • Preliminary and final assessment rolls and maps in electronic format (Excel and PDF). Project Schedule RH2 can commence with design and permitting work upon notice to proceed from the City. It is anticipated that the UGA expansion hearing with the GMHB will be held on February 3, 2022 and that expansion will be confirmed. Meetings and a general consensus to form the LID will be held in mid-February with a decision to proceed by early March 2022. The work for Phase 1 is anticipated to be completed concurrent with that schedule. Phase 2 can begin as soon as the UGA expansion is confirmed with geotechnical drilling, cultural review, and easement/ROW acquisition. The goal will also be to have the crossing designs complete 13 City of Pasco East UGA Expansion Sewer LID Project Exhibit A Scope of Work and utility permits submitted to BNSF and WSDOT as soon as the geotechnical report and shoring designs are completed. A future Phase 3 consisting of lift station, force main, and gravity main design will require an amendment to this contract and is not included in this Scope of Work. Phase 3 will continue work performed by subconsultants for geotechnical, cultural, and survey work to support the design of collection system and lift station features. Additional tasks and/or phases may be necessary and will require a contract amendment, pending the results of progress within Phases 1 and 2, correspondence with regulatory agencies and adjacent utilities, and at the request of the City. These additional tasks and phases include, but are not limited to, services during bidding and services during construction. 14 EXHIBIT B Fee Estimate City of Pasco East UGA Expansion Sewer LID Project Dec -21 Description Total Total Labor Total subconsultant Total Expense Total Cost Hours Classification Phase 1 Task i Pro-ect Mana ement services 22 $ 3,654 $ $ 91 $ 3 745 Task 2 Preliminary Ali nment Assessment L 352 1 5 62,374 1 $ - $ 7.353 $ 69 727 Task 3 Right -of -Entry and Crossing Permits 134 $ 23,102 $ 7,475 $ 1,881 $ 32,458 Phase 2 Task 4 Right -of -Way Acquisition and Easements 35 $ 6,570 $ 32,775 944 5 40,289 Task 5 Permitting Assistance 147 $ 26,329 $ 7,475 $ 2,3571 $ 36,161 Task 6 Geotechnical Assessment 35 $ 8,113 $ 40,250 $ 623 $ 48,986 Task 7 Plans, Specifications, and Estimates - Casings 113 $ 18,806 $ - $ 1,710 $ 20,516 Task 8 LID Process and Appraisals 93 $ 16,793 $ - $ 1,370 $ 18,163 PROJECTTOTAL 1 931 1 $ 165,7411 $ 87,975 1 $ 16,329 1 $ 270,045 RI-12 ENGINEERING, INC. 2022 SCHEDULE OF RATES AND CHARGES RATE LIST RATE UNIT Professional 1 $153 $/hr Professional II $166 $/hr Professional III $182 $/hr Professional IV $198 $/hr Professional V $210 $/hr Professional VI $227 $/hr Professional VII $241 $/hr Professional VIII $252 $/hr ProfessionallX $252 $/hr Control Specialist 1 $138 $/hr Control Specialist II $149 $/hr Control Specialist III $164 $/hr Control Specialist IV $180 $/hr Control Specialist V $190 $/hr Control Specialist VI $205 $/hr Control Specialist VII $218 $/hr Control Specialist VIII $229 $/hr Technician 1 $114 $/hr Technician II $126 $/hr Technician III $144 $/hr Technician IV $155 $/hr Technician V $168 $/hr Technician VI $184 $/hr Technician VII $200 $/hr Technician VIII $209 $/hr Administrative 1 $76 $/hr Administrative II $89 $/hr Administrative III $105 $/hr Administrative IV $126 $/hr Administrative V $147 $/hr CAD/GIS System $27.50 $/hr CAD Plots - Half Size $2.50 price per plot CAD Plots - Full Size $10.00 price per plot CAD Plots - Large $25.00 price per plot Copies (bw) 8.5" X 11" $0.09 price per copy Copies (bw) 8.5" X 14" $0.14 price per copy Copies (bw) 11" X 17" $0.20 price per copy Copies (color) 8.5" X 11" $0.90 price per copy Copies (color) 8.5" X 14" $1.20 price per copy Copies (color) 11" X 17" $2.00 price per copy Technology Charge 2.50% % of Direct Labor Mileage $0.560 price per mile (or Current IRS Rate) Subconsultants 15% Cost + Outside Services F at cost Rates listed are adjusted annually.