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HomeMy WebLinkAboutRH2 Engineering Inc - PSA 14001 CP7-SE-2A-14-02 Harris Road Sewer Transmission MainPROFESSIONAL SERVICES AGREEMENT 14001 - Harris Road Sewer Transmission Main Project Contract No. CP7-SE-2A-14-02 THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as "Ci y", and RH2 Engineering, Inc. hereinafter referred to as "Consultant," on the 13_ day of 2018. 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. 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 famishing 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 April 1, 2018, and promptly be completed by December 31, 2019. 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. 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 Professional Services Agreement - RH2 Engineering, Inc. Harris Road Sewer Transmission Main Page 1 of 9 ,o38Ll-7 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 C, plus actual expenses incurred as provided under this Agreement, but not to exceed a total of $269,085.00, 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. These records shall be subject, at all reasonable rimes, 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. Professional Services Agreement - RH2 Engineering, Inc. Harris Road Sewer Transmission Main Page 2 of 9 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 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, Professional Services Agreement - RH2 Engineering, Inc. Harris Road Sewer Transmission Main Page 3 of 9 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. 8. Indemnification. 8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers from any and all claims and causes of action, including, but not limited to, actions of law or administrative proceedings for all injuries to persons or damages to property, and all losses, damages, demands, suits, judgments, including attorney fees, arising out of, or as a result of, or in connection with the work performed under this Agreement, and caused or occasioned in whole or in part by reason of errors, negligent acts or omissions of the Consultant or its subcontractors in the performance of this Agreement, except Professional Services Agreement - RH2 Engineering, Inc. Harris Road Sewer Transmission Main Page 4 of 9 for injuries and damages caused by the sole negligence of the City, its officers, employees, agents, and volunteers. 8.2 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 injuries or damages to property caused by or resulting from the concurrent negligence of the Consultant, and the City, its officers, employees, agents and volunteers, the Consultant's liability and obligation to defend hereunder shall only be the proportionate extent of the Consultant's negligence. 8.3 It is further agreed that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. 8.4 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 8.5 This indemnification shall include damages, penalties and attorney fees sustained as a result of Consultant's delayed or failed performance of Section 6 above. 8.6 This waiver has been mutually negotiated by the parties, and the provisions of this section shall survive the expiration or termination of this Agreement. 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. 9.1 Minimum Scone of Insurance. Consultant shall obtain insurance of the types described below: 9.1.1 Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 9.1.2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 9.1.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Professional Services Agreement - RH2 Engineering, Inc. Harris Road Sewer Transmission Main Page 5 of 9 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: ® $1,000,000 each occurrence; ® $2,000,000 general aggregate; or ❑ $ each occurrence; and $ general aggregate 9.2.3 Professional Liability insurance shall be written with limits no less than: ® $1,000,000 per claim; ® $1,000,000 policy aggregate limit; or ❑ $ per claim; and $ per policy aggregate limit 9.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: 9.3.1 The Consultant's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 9.3.2 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 Consultant before commencement of the work. 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, Professional Services Agreement - RH2 Engineering, Inc. Harris Road Sewer Transmission Main Page 6 of 9 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 Contingent 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 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 party 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) Professional Services Agreement - RH2 Engineering, Inc. Harris Road Sewer Transmission Main Page 7 of 9 14. 15. 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. 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. 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: 14.3.2 For the Consultant: Disaute Resolution. Dan Ford, P.E., or his/her designee City Engineer 525 North 3rd PO Box 293 Pasco WA 99301 forddApasco-wa.sov (e-mail address) Paul Cross, P.E., or his/her designee Executive Vice -President 114 Columbia Point Drive, Suite C Richland, WA 99352 (509) 946-5181, Ext. 5452 peross(arh2.com (e-mail address) 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 RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Professional Services Agreement - RH2 Engineering, Inc. Harris Road Sewer Transmission Main Page 8 of 9 Franklin County, Washington. 'Be 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 verified by initials as a part of Exhibit A. 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY OF PASCO, WASHINGTON Dave Zabell, ' ger ATTEST: Daniela Erickson, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney L_,GONSWANT (n n '� - I � oqz�� Paul Cross, Executive Vice -President Professional Services Agreement - RH2 Engineering, Inc. Harris Road Sewer Transmission Main Page 9 of 9 EXHIBIT A Scope of Work City of Pasco Harris Road Sewer Transmission Main February 2018 Background The City of Pasco (City) has retained RH2 Engineering, Inc., (RH2) to design a gravity sewer transmission main to connect the growing Broadmoor area of West Pasco to the existing sewer system. Preliminary design concepts call for a 30 -inch -diameter gravity sewer main with one (1) trenchless crossing through the Washington State Department of Transportation (WSDOT) right-of-way (ROW) under Interstate 182 (1-182). Task 1— Preliminary Route Assessment Objective: Perform preliminary route assessment based upon City contact with willing landowners, existing utility congestion, regulatory requirements, and City objectives and preferences. Approach: 1.1 Prepare exhibits and comparison matrices for the preferred route and one alternative route based on City input, utility congestion, property owners, approximate construction costs, access, ROW acquisition and costs, and general feasibility. 1.2 Conduct one (1) site visit to identify and photograph visible existing conditions within and around the preferred pipe alignment and alternative route. 1.3 Attend one (1) meeting with the City to review alternatives and discuss route selection. Provided by City: Route selection based on RH2 recommendations. Schedule assumes City will make decision based upon recommendations within five (5) working days of receipt. RH2 Deliverables: • Up to two (2) exhibits with comparison matrices in electronic PDF. • Attendance at one (1) meeting with City. Task 2 — Right-of-way Acquisition Objective: Subcontract and coordinate with Epic Land Solutions, Inc., (Epic) to appraise and prepare documentation for negotiations and acquisition of easements or lands from up to five (5) properties. Approach: 2.1 Prepare legal descriptions and exhibit maps for up to five (5) properties. 2.2 Provide one (1) real estate appraisal for each property from which an interest is to be acquired, for up to five (5) properties. 2.3 Provide acquisition advisory services for up to five (5) ROW files, including obtaining preliminary title reports, working with the title company to clear title encumbrances or making the offer subject to 1 2/22/70183:20:56 PM Z:\NewBusiness\Proposal\PSC\20180124_PSC _M18-022_ Harris Road Sewer Main\Contract Prep\PSA SOW _PSC _ Harris Rd Sewer Main 20180222.docx City of Pasco Harris Road Sewer Transmission Main Exhibit A Scope of Work clearing title encumbrances, preparing Offer Packets and Final Report Packets for each property, obtaining escrow services, and coordinating closing transactions. 2.4 Attend up to ten (10) meetings with property owners and the City to discuss acquisitions and project impacts. 2.5 Coordinate with property owners to obtain rights -of -entry (ROES) for topographic survey, cultural survey, and geotechnical investigation access. Any hours needed in excess of forty (40) hours for these services are outside of this Scope of Work and will be negotiated as part of an amended scope of work. Assumptions: • The term 'properties' shall be understood to mean property that constitutes the "larger parcel" as described in the 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. • Epic 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 the 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 ROW shall be acquired in the name of the City. • 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, Epic 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, Epic shall prepare a justification letter supporting Administrative Settlement for the City's acquisition file. o If an acceptable agreement is not reached, Epic shall prepare a Recommendation for Condemnation. • Epic 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. • The City will perform first contact with property owners and provide contact information to RH2 to coordinate ROEs. 2/2]/183:20 PM Z:\NewBusiness\Proposal\PSC\2018D124—PSC—MIS-022—Harris Road Sewer Main\Cpniratt Prep\PSA SOW _PSC Harris Rd Sewer Main 20lW227.docx City of Pasco Exhibit A Harris Road Sewer Transmission Main Scope of Work • 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: • The City will provide final review and acceptance of the appraisals. • The City will perform first contact with affected property owners. • The City will negotiate with, and establish just compensation for, each property owner and will provide notification to RH2 and Epic. • The City will be responsible for reviewing and signing the offer packets provided by Epic. • Right-of-way acquisition is on the critical path for this project. The schedule assumes that the City will review and approve Epic's deliverables within five (5) business days of receipt, and that negotiations will proceed without significant delay such that closing is achieved by June 2018. RH2 Deliverables: • One (1) exhibit map and legal description in electronic format per property for up to five (5) properties. • Up to five (5) appraisals in electronic format. • Up to five (5) Offer Packets for review and signature by the City. • Up to five (5) Final Report Packets for each file for payment and conveyance of title and recording to the City. • Up to five (5) Recommendations for Condemnation, if applicable. Task 3 — Permitting Assistance Objective: Assist the City with the preparation of necessary documents and submittals to meet federal and state requirements with regard to the State Environmental Policy Act (SEPA), Washington State Department of Ecology's (Ecology) jurisdiction over public wastewater improvements, WSDOT's utility 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 having jurisdiction. Approach: 3.1 Perform background research, tribal contact, field observation, and final reporting documentation to identify archaeological and historical resources in accordance with Washington State Department of Archaeology and Historic Preservation (DAHP) guidelines. 3.2 Prepare utility permit application from WSDOT South Central Region, together with required plan and profile details of pipeline, casing, bore pits, traffic control, and all other requirements for the 1-182 crossing. 3.3 Prepare a draft SEPA Checklist for City staff review in electronic PDF. 3.4 Based on City staff comments, finalize the SEPA Checklist and provide to City Planning staff for completion of a SEPA Determination. 3 2/22/183:20 PM Z:\NewBusiness\Proposal\PSC\20180124_PSC _M3&W2_Harris Road Sewer Main\Conhad Prep\PSA SOW _PSC _Harris Rd Sewer Main 20180227.docx City of Pasco r:M;H:xa Harris Road Sewer Transmission Main Scope of Work 3.5 Compile and submit construction drawings and specifications for Ecology review and project approval. 3.6 Attend up to three (3) meetings with the City, Ecology, and/or WS DOT to discuss permitting tasks and progress. 3.7 Prepare a Franklin County ROW permit application. Assumptions: • A Shoreline Substantial Development Permit will not be required. • This scope includes no biological assessments and it is assumed that there are no burrowing owl nests along the project alignment. • Cultural survey costs are based on a preliminary alignment and may change if alignment is lengthened or significantly altered. • Cultural survey costs assume properties are clear of excess vegetation so that archaeologists will be able to walk appropriately spaced transects 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. It would be necessary to adjust the budget if additional sites are found. This 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 additional services for impact mitigation regarding archaeological or historic sites. • 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 the City will submit the report to DAHP within fifteen (15) days of receipt of said report for review. CRC 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. • The City will submit all final permit applications directly. • The City will pay all permit and review fees directly. 2/2]/183:20 PM Z:\NewBusiness\Proposal\PSC\20180124 PSCM18 Road Sewer Main\Contract Prep\PSA_SOW PSC Harris Rd Sewer Main 20180222.doci, City of Pasco Exhibit A Harris Road Sewer Transmission Main Scope of Work • It is assumed that impacts to critical areas will be avoided altogether. As such, this Scope of Work does not include development of mitigation plans. Should it be necessary, mitigation measures will be included in an additional 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 jurisdiction coordination will be involved. It is assumed that no tribal coordination or facilitation will be needed or conducted. • 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. • 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 on the attached Fee Estimate. • RH2 cannot warrant or guarantee any agency's approval or response time. Provided by City: • The City will complete the City ROW permit. • Payment of all permit application fees. • Assistance with completion of permit applications and coordination with agency staff, as needed. • 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) completed WSDOT utility permit application in electronic PDF. • One (1) completed draft and final SEPA checklist in electronic PDF. • One (1) completed City ROW permit in electronic PDF format. • Attendance at up to three (3) meetings with agency and City staff. • One (1) completed Franklin County ROW permit in electronic PDF format. Task 4 — Geotechnical Assessment Objective: Subcontract and coordinate with Shannon & Wilson, Inc., (S&W) to perform geotechnical engineering services to provide design and construction recommendations for the project segment below 1-182. Approach: 4.1 Perform geotechnical assessment: perform utitity locates; obtain General Permit for WSDOT ROW for drilling access (as required); complete drilling fieldwork and observation; perform engineering analyses; and prepare geotechnical engineering report that summarizes observations, explorations, analyses, and design and construction recommendations. 4.2 Subcontract with geotechnical driller to perform borings. 5 2/2]/183:20 PM 2:\NewBusiness\Prop.Sal\PSC\20180124_PSC_M38-022_ Harris Road Sewer Main\Contract Prep\PSA_SOW _PSC _ Harris Rd Sewer Main 20180222.docx City of Pasco Harris Road Sewer Transmission Main Exhibit A Scope of Work 4.3 Subcontract with geotechnical laboratory to perform testing of soil samples for moisture content, particle size distribution, and corrosion suite. 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 WSDOT 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. • Each boring site is accessible using a truck -mounted drill rig. • If drilling is completed on private property, the land owner will mark all private utilities at the site. • No soil contamination will be encountered at the site. • The soil cuttings (spoils) may be spread at the site. RH2 Deliverables: • One (1) draft and one (1) final geotechnical report in electronic PDF. Task 5 — Plans, Specifications, and Estimates Objective: Prepare 30 -percent, 60 -percent, agency review, and final submittal packages with construction drawings, specifications (post 60 -percent only), and cost estimates for the proposed improvements. Subcontract and coordinate with Rogers Surveying, Inc., P.S. (Rogers) to obtain a topographic survey of the preferred alignment and adjacent property boundaries. Approach: 5.1 Subcontract with Rogers to perform topographic survey of the preferred sewer main alignment. 5.2 Assist the City with potholing of existing utility crossings by identifying required locations and supplying coordinates/exhibits. 5.3 Incorporate topographic survey, along with utility locates, City input, pothole data, and available record data, to prepare base drawing. 5.4 Prepare cover sheet, general notes, and legends; three (3) sheets total. 5.5 Prepare 30 -percent sewer plan and profile sheets and details; fifteen (15) sheets total. 5.6 Prepare 30 -percent cost estimate. 5.7 Perform hydraulic calculations and prepare technical memorandum to document design assumptions, basis, and methodology. 5.8 Prepare 60 -percent technical specifications based on 111-12's modified WSDOT format. 6 2/27/383:20 PM Z:\NewBusiness\Proposal\PSC\20180124_PSC_MI8-022_Harris Road Sewer Main\Contract Prep\PSA_SOW _PSC _Harris Rd Sewer Main 20180227.docx City of Pasco Exhibit A Harris Road Sewer Transmission Main Scope of Work 5.9 Incorporate review comments and prepare 60 -percent civil sheets and details, including sewer plans and profiles, and horizontal control, demolition, restoration, and traffic control plans and details; forty (40) sheets total. 5.10 Prepare 60 -percent cost estimate. 5.11 Provide in-house quality assurance/quality control (QA/QC) review of 60 -percent plans, specifications, and estimate. 5.12 Incorporate review comments and prepare agency review technical specifications based on RH2's modified WSDOTformat. 5.13 Incorporate review comments and prepare agency review plans. 5.14 Prepare final cost estimate. 5.15 Incorporate agency review comments and prepare final plans and specifications for bidding. 5.16 Attend up to three (3) meetings with the City to discuss the plans, specifications, and estimate at milestone submittals (30 -percent, 60 -percent, and agency review). Assumptions: • The design will utilize City standard details and City general contractual conditions and forms to the extent applicable. • The design does not include additional provisions for a water main or other utilities. If the future Zone 3 water main is added to this Scope of Work, on amendment will need to be mutually determined between the City and RH2. • No flagging or traffic control will be required to obtain the required survey data near 1-182. • 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. Any work outside of this Scope of Work will be negotiated as part of an amended scope of work. • This Scope of Work does not include an analysis of the downstream capacity of the existing 18 -inch sewer main on Court Street. Provided by City: • Available record drawings from City archives. • City staff to perform potholing activities and report findings. • Reviews and comments on the 30 -percent, 60 -percent, and agency review plans, specifications, and estimates. Schedule assumes that City will complete reviews within 5 business days of receipt. RH2 Deliverables: • One (1) topographic survey in electronic (PDF and AutoCAD) formats. • One (1) technical memorandum in electronic PDF documenting design decisions. • One (1) full-size set each of 30 -percent, 60 -percent, agency review, and final design drawings in electronic format. 7 2/27/183:20 PM Z:\NewBusiness\Proposal\PSC\20180124_ PSC_M38-022_ Harris Road Sewer Main\Conract Prep\PSA_SOW PSC_ Harris Rd Sewer Main 20180227.doa City of Pasco Exhibit A Harris Road Sewer Transmission Main Scope of Work • One (1) set each of 60 -percent, agency review, and final technical specifications in electronic format. • One (1) engineer's estimate each of construction costs at 30 -percent, 60 -percent, and final design in electronic format. Task 6 — Services During Bidding Objective: Provide engineering assistance throughout the bidding phase to prepare required documentation and respond to contractor questions. Approach: 6.1 Prepare bid documents in electronic PDF. Provide PDF to the City and submit bid package to online plan center (i.e., QuestCDN). 6.2 Prepare advertisement for bids, contact potential bidders, and coordinate the timing and placement of the bid advertisement with the City. The City will submit the advertisement to the appropriate publications. 6.3 Respond to contractor and supplier questions during bidding, review product prequalification requirements, and document responses to the file. All responses and clarifications will be routed to bidders through the City, in writing. 6.4 Prepare up to three (3) addenda when determined necessary to clarify, revise, or change construction plans, technical specifications, or project conditions during the bidding process. 6.5 Attend one (1) site visit with prospective bidders and the City. 6.6 Review bids and assist the City with the evaluation of the qualifications and references for the apparent low bidder. The City will administer the bid opening and prepare the bid tabulation to verify total bid prices. The City will prepare and issue the project award recommendation letter. Assumptions: Because services during bidding can vary in nature, R142 will perform Task 6 services as requested up to the amount included in the attached Fee Estimate. If needed, additional work will be mutually determined by the City and RH2. Provided by City: • City to submit and pay for the advertisement to the appropriate publications. RH2 Deliverables: • One (1) advertisement for bid in electronic PDF. • Written responses to vendor and bidder questions during the advertisement phase, submitted to the City in electronic PDF or electronic mail. • Up to three (3) addenda in electronic PDF. • Reference check of lowest bidder. 2/2]/183:20 PM Z\NewBusiness\Proposal\P5C\20180124_ PSC _M18-022_Harris Road Sewer Main\Contract Prep\PSA_SOW _PSC _Harris Rd Sewer Main 20180222.docx City of Pasco Exhibit A Harris Road Sewer Transmission Main Scope of Work Task 7 — Project Management Services Objective: Prepare and update project schedule. Review and update project files and budget progress. Approach: 7.1 Prepare a project schedule and update monthly for up to seven (7) months (does not include construction). 7.2 Review and update project files and budget progress monthly for up to seven (7) 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. RH2 Deliverables: Task 8 — Services During Construction (Limited) Objective: Provide services during project construction to support the City. As the engineer of record, RH2 will perform at least one (1) site visit for observation of construction progress. While not on site, RH2 will work with the City and its designated utility and special inspector to respond to technical questions and issues. It is anticipated the City will take the lead in inspection and construction administration and will handle day-to-day responsibilities. Approach: 8.1 Assist the City for a maximum of eighty (80) hours to perform on-site observation and respond to contractor's requests for information (RFIs) or change orders. Assumptions: It is assumed that the City will provide most services during construction. If the City determines it needs services from RH2, a maximum of eighty (80) hours to respond to contractor questions, observe special inspections, or assist with change orders will be provided in this Scope of Work and Fee Estimate. Any hours needed in excess of eighty (80) hours for these services are outside of this Scope of Work and will be negotiated as part of an amended scope of work. Project Schedule RH2 will commence with design and permitting work upon notice to proceed from the City. It is anticipated that WSDOT permits will be granted by late July 2018, that bidding will occur in August 2018, and that construction will commence before the end of September 2018. The schedule is contingent on finalizing the alignment within two (2) weeks of notice to proceed. 2/27/183:20 PM Z:\NewB.,iness\Proposal\PSC\20180129_ PSC _M38-022_Harris Road Sewer Main\Contract Prep\PSA_SOW PSC Harris Rd Sewer Main 20180227.docx EXHIBIT B City of Pasco Harris Road Sewer Transmission Main F.. pitimat. Description Tote l Total Labor Total Subconsultant Total Expense Total Cost $ 79 $ Hours 4.1 Perform eotechnical assessmentand prepare re ort 21 1 10 $ ClaulfinDon 24,0]4 $ 79 $ 26,208 4.2 Subcontratt with geotechnical drill Task9 GeotechMcal Asseument 35 1 10 $ 2,056 $ 33,000 $ 79 $ 35,135 4.1 Perform eotechnical assessmentand prepare re ort 21 1 10 $ 2,056 li $ 24,0]4 $ 79 $ 26,208 4.2 Subcontratt with geotechnical drill 1 14 I - $ - 15 - $ 60 $ 2,456 4.3 Subcontract with eotechnical laboratory for testing $ - I $ 3,674 1 $ - I $ 3,674 Task] Projett Management Services 35 $ 6,286 1 $ - $ 185 1 $ 6,471 7.1 Prepares ro ec[schedule and update monfhl 21 $ 3,892 $ $ 125 1 $ 4,017 7.2 Reviewand updatefles and budget progress 1 14 1 $ 2,394 $ - $ 60 $ 2,456 Services DuKnS Construction(Umhed) 80 $ 13,120 $ - 1 $ 999 $ 14,119 jiTask 8.1 1 Assist the City with observation and respond to RAN or change orders 80 1 I $ 13,120 $ - I$ 999 $ 14,119 PROJECT TOTAL 939 1 $ 146,597 $ 104,335 1 $ 18;153 $ 269,085 ZNmou,n&a opesaWSC01801N PSC _MIB22_Hv GRfl S—m MYnICO,Y [Prp1P8P_f£E_PSC H—RdSew>MYn20100227AeX N72018322 PM EXHIBIT C RH2 ENGINEERING, INC. 2018 SCHEDULE OF RATES AND CHARGES RATE LIST RATE UNIT Professional $139 $/hr Professional 11 $151 $/hr Professional 111 $164 $/hr Professional IV $174 $/hr Professional V $187 $/hr Professional VI $203 $/hr Professional VII $216 $/hr Professional VIII $228 $/hr Professional IX $228 $/hr Technician 1 $98 $/hr Technician II $107 $/hr Technician III $132 $/hr Technician IV $140 $/hr Administrative 1 $70 $/hr Administrative II $80 $/hr Administrative III $94 $/hr Administrative IV $114 $/hr Administrative V $133 $/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 ill, $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 $0.545 price per mile 1 (or Current IRS Rate) Subconsultants 15% Cost+ Outside Services at cost Rates listed are adjusted annually.