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RH2 Engineering, Inc. - West Pasco WTP - Transmission Main to Zone 3 Reservoir (Agreement No. 21-048, Project No. 21238)
PROFESSIONAL SERVICES AGREEMENT 21238 — Transmission Main — West Pasco Water Treatment Plant (WPWTP) to Zone 3 Agreement No. 21-048 THIS AGREEMENT is made and entered into between the City of Pasco, a Washington Municipal Corporation, hereinafter referred to as "City", and RI -12 Engineering, Inc., hereinafter referred to as "Consultant," on the day of , 2021. 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 Transmission Main — West Pasco Water Treatment Plant (WPWTP) to Zone 3 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. Scope 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 12/31/2023. 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 Professional Services Agreement — RI -12 Engineering, Inc. Agreement No. 21-048 Transmission Main — West Pasco Water Treatment Plant (WPWTP) to Zone 3 Page 1 of 10 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 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 $552,005.00 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 Professional Services Agreement — RH2 Engineering, Inc. Agreement No. 21-048 Transmission Main — West Pasco Water Treatment Plant (WPWTP) to Zone 3 Page 2 of 10 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 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 Professional Services Agreement — RH2 Engineering, Inc. Agreement No. 21-048 Transmission Main — West Pasco Water Treatment Plant (WPWTP) to Zone 3 Page 3 of 10 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, 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. 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. Professional Services Agreement — RI -12 Engineering, Inc. Agreement No. 21-048 Transmission Main — West Pasco Water Treatment Plant (WPWTP) to Zone 3 Page 4 of 10 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 — R142 Engineering, Inc. Agreement No. 21-048 Transmission Main — West Pasco Water Treatment Plant (WPWTP) to Zone 3 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: ❑x $2,000,000 per claim; and ZX $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 — RI -12 Engineering, Inc. Agreement No. 21-048 Transmission Main — West Pasco Water Treatment Plant (WPWTP) to Zone 3 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 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 Professional Services Agreement — RI -12 Engineering, Inc. Agreement No. 21-048 Transmission Main — West Pasco Water Treatment Plant (WPWTP) to Zone 3 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 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) 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: Brittany Whitfield, P.E., or his/her designee Senior Engineer 525 North 3rd PO Box 293 Pasco WA 99301 Whitfielffigpasco-wa.gov (e-mail address) Professional Services Agreement — RH2 Engineering, Inc. Agreement No. 21-048 Transmission Main — West Pasco Water Treatment Plant (WPWTP) to Zone 3 Page 8 of 10 14.3.2 For the Consultant: Paul Cross, P.E., or his/her designee Project Manager — Principal 114 Columbia Point Dr., Suite C Richland, WA 99352 perossgrh2.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. 21-048 Transmission Main — West Pasco Water Treatment Plant (WPWTP) to Zone 3 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 Dave Zabel i nager ATTEST: Debra C. Barham, City Clerk �— APPROVED AS TO FORM: K ;M erguson Law, PLLC, City Attorney CONSULTANT ( 5 ; . O&VS9 Paul Cross, PE — Principal Professional Services Agreement — RH2 Engineering, Inc. Agreement No. 21-048 Transmission Main — West Pasco Water Treatment Plant (WPWTP) to Zone 3 Page 10 of 10 EXHIBIT A Scope of Work City of Pasco Transmission Main — West Pasco Water Treatment Plant to Zone 3 September 2021 Background The City of Pasco (City) has retained RH2 Engineering, Inc., (RH2) to design a new non -dedicated transmission water main and associated appurtenances from the West Pasco Water Treatment Plant (WPWTP) proposed pump station to two connections in the City's Zone 3 system. In addition, a section of existing 16 -inch ductile iron water main along Chapel Hill Boulevard to the intersection with Broadmoor Boulevard and continuing to St. Thomas Drive may be replaced with 24 -inch water main as part of this project. Tasks to complete this project are outlined in this Scope of Work. Task 1— Project Management Objective: Manage RH2's project team and maintain frequent client communications. Maintain project schedules and prepare monthly invoices and budget status summaries. Approach: 1.1 Provide direction, coordination, and oversight to the RH2 project team. Organize, manage, and coordinate technical disciplines as described herein, and implement quality assurance and quality control (QA/QC) reviews to execute this Scope of Work in close coordination with City staff. 1.2 Document and retain information generated during the execution of the project. 1.3 Prepare monthly invoices and budget status summaries. 1.4 Prepare for and attend progress meetings with City staff as requested. Prepare meeting agenda and minutes. A total of three (3) progress meetings are assumed in the Fee Estimate, inclusive of an in-person kick-off meeting at City Hall, in addition to the other milestone and review meetings identified elsewhere in this Scope of Work. 1.5 Create, maintain, and update a project design schedule. Monitor, modify, and update the project schedule throughout the design phase to determine potential impacts of proposed changes. Adjust the schedule to reflect the current status of the project and revisions made to this Scope of Work. RH2 Deliverables: • Monthly invoices and budget status summaries in electronic PDF. • Meeting agendas and minutes in electronic PDF. • Project schedule updates in electronic PDF. 1 City of Pasco Exhibit A Transmission Main — West Pasco Water Treatment Plant to Zone 3 Scope of Work Task 2 — Subsurface Investigation and Preliminary Design Objective: Obtain existing site information from available as -built drawings provided by the City. Obtain subsurface data relevant to this project. Analyze water main size and develop construction cost estimates for the water main replacement. Approach: 2.1 Confirm the proposed connection points to the City's water system for the project based on as -built information, and kick-off meeting preferences and expectations from City staff. 2.2 Coordinate with City staff and a subconsultant to perform a geotechnical investigation, coring, and potholing along the proposed alignment to assess soils, asphalt depth and thickness, and depth of existing utilities. This subtask assumes up to ten (10) potholing and three (3) coring locations, potholes will be approximately 10 feet deep, and cores will be approximately 5 feet deep. 2.3 Review available construction records, asphalt coring logs, as -built information, and potholes. 2.4 Perform a visual observation of the pipeline routes to confirm the interfering utility data obtained from the City to the degree possible by surface observation. Collect additional site data relating to the interfering utilities. 2.5 Provide up to eight (8) hours of RH2 staff time to perform desktop investigations to assist with determining permitting requirements for the Franklin County Irrigation District (FCID) and Interstate 182 (1-182) crossings and any utility relocation required for the project. 2.6 Provide an analysis of proposed water main size, including hydraulic modeling, for two (2) different flow scenarios and summarize the findings in a technical memorandum. Approximately forty (40) hours of RH2 staff time are anticipated for modeling and field review. No model calibration is anticipated for this effort. 2.7 Prepare a geotechnical memorandum on geotechnical findings and recommendations on soil conditions, trench cross sections, and constructability issues. 2.8 Attend one (1) meeting with City staff to review findings, receive staff comments, and confirm the extents of the improvements. Meeting is assumed to be a virtual Teams meeting. Assumptions: • RH2 will rely upon the accuracy and completeness of information, data, and materials generated or produced by the City or others in relation to this Scope of Work. Provided by the City: • Construction and as -built records, as available, for the water main alignment. • Backhoe and operator for geotechnical investigation and surface restoration. • Potholing coordination with other utility operators. 2 City of Pasco Exhibit A Transmission Main — West Pasco Water Treatment Plant to Zone 3 Scope of Work • Attendance at one (1) meeting to review findings, confirm extents of improvements, and provide comments. RH2 Deliverables: • Coordination with coring and potholing subconsultant. • Summary of potential permitting requirements for the FCID crossings. • Technical memorandum summarizing the construction recommendations, including pipe size and material selection, in electronic PDF. • Geotechnical memorandum summarizing geotechnical findings in electronic PDF. • Attendance at one (1) meeting to review findings, confirm extents of improvements, and discuss City staff comments. Task 3 — Topographic Survey and Easements Objective: Coordinate with a professional land surveyor as a subconsultant to RH2 to provide the vertical and horizontal control and topographical mapping necessary for design of the water main replacements. Approach: 3.1 Contract with a licensed surveyor to provide horizontal and vertical survey control and topographic information, including surface features, underground utilities, topography, roadway, utility alignments, rights-of-way, and property lines and easements to be provided on a USB drive in a format compatible with AutoCAD 2021 and RH2 standards. 3.2 Format survey data for use in AutoCAD 2021. Create base map for project design using RH2 standards. 3.3 Coordinate with the surveyor to obtain additional subsurface utility information (utility locates will be performed by a private firm). Coordinate with City and FCID staff to provide utility potholing to determine utility depths. Incorporate findings into the plans. 3.4 Prepare legal descriptions and exhibit maps required for final documents for up to five (5) properties where easements are required and/or for the license agreement with FCID. Assumptions: • Survey to include full right-of-way width, identify sidewalk infill areas, include future Costco driveway approach, and include high survey density at 60 foot cross sections for overlay, sidewalk, and driveway approach work. • Survey to include 30 feet plus on either side of the alignment and connection points. • Legal descriptions will include the preparation of a black and white original prepared for each easement that meets Franklin County recording requirements. 3 City of Pasco Exhibit A Transmission Main — West Pasco Water Treatment Plant to Zone 3 Scope of Work Provided by the City: • Markings of existing utilities. RH2 Deliverables: • Field survey formatted for AutoCAD 2021. • Base map for design documents. • Legal descriptions and exhibits maps for up to five (5) properties in electronic PDF. Task 4 — Prepare Preliminary Design Alternatives Objective: Prepare 30 -percent construction drawings that illustrate the proposed water main and restoration improvements to the City's water system. Prepare the design alternatives based upon up to two (2) concepts regarding the location and capacity of the pump station on the WPWTP site. Approach: 4.1 Prepare preliminary site plans for the two (2) assumed pump station locations. 4.2 Prepare two (2) preliminary designs of the City's proposed water main improvements for this project. Plans will be provided at 1 -inch equals 30 feet horizontal scale and 1 -inch equals 5 feet vertical scale. 4.3 Deliver review plan sets and attend one (1) preliminary design meeting with City staff to review the two (2) preliminary designs and obtain City comments on the design options and a preferred alternative to use in the preparation of the construction documents. Assumptions: • It is assumed that the preliminary design alternatives, pump station locations, and capacity of each alternative will be directed by the City at the kick-off meeting in Task 2. • Meeting is assumed to take place at City Hall. Provided by City: • Attendance at meeting for 30 -percent design review. RH2 Deliverables: • Four (4) sets of half-size plans for City review: two (2) for each 30 -percent design alternative. • Meeting agenda and minutes for the preliminary design meeting in electronic PDF. • Attendance at one (1) preliminary design meeting. Task 5 — Prepare Construction Documents Objective: Prepare construction drawings that illustrate the proposed water main and restoration improvements to the City's water system. 4 City of Pasco Exhibit A Transmission Main — West Pasco Water Treatment Plant to Zone 3 Scope of Work Approach: 5.1 Revise preliminary design plans from 30- percent to 60 -percent and internal QA/QC comments. 5.2 Develop details of temporary testing configurations and final configurations of connections to the City's existing water system. 5.3 Develop design criteria for dewatering and trench backfill. 5.4 Prepare and provide standard construction details. 5.5 Develop 1-182 crossing and Chapel Hill Boulevard design concepts and details. 5.6 Develop notes on the plans as necessary to clarify the proposed improvements, including general construction notes. 5.7 Perform a site visit with City staff to confirm details of the preliminary alignment and roadway restoration requirements. 5.8 Prepare a Stormwater Pollution Prevention Plan. 5.9 Prepare a Traffic Control Plan. 5.10 Deliver review plan sets and attend three (3) preliminary design meetings with City staff to review and obtain staff comments: one (1) review set and meeting at 30 -percent design completion; one (1) review set and meeting at 60 -percent design completion; and one (1) review set and meeting at 90 -percent design completion. Prepare meeting agendas and minutes for each design review meeting. Specifications prepared in Task 6 also will be provided for City review at the 60- and 90 -percent design meetings. 5.11 Perform internal QA/QC review of the preliminary design plan sets at the 60 -percent and 90 -percent design completion phases. 5.12 Revise preliminary design plans (from 60 percent to 90 percent) per City and internal QA/QC review comments. Assumptions: • It is assumed that the new water main will be placed in the westbound travel lane of Chapel Hill Boulevard and roadway restoration details will be necessary. • Temporary water services may be required. • Meetings are assumed to take place at City Hall. Provided by City: • Attendance at a site visit with RH2 staff to confirm details of preliminary alignment and road restoration requirements. • Attendance at meetings for 60-, and 90 -percent design review. RH2 Deliverables: • Stormwater Pollution Protection Plan in electronic PDF. 5 City of Pasco Exhibit A Transmission Main — West Pasco Water Treatment Plant to Zone 3 Scope of Work • Traffic Control Plan in electronic PDF. • Six (6) sets of half-size plans for City review: two (2) for 30 -percent design completion; two (2) for 60 -percent design completion; and two (2) for 90 -percent design completion. • Meeting agendas and minutes for each design review meeting in electronic PDF. • Attendance at a site visit and three (3) design review meetings. Task 6 — Prepare Specifications and Bid Quantities Objective: Complete technical specifications and construction contract documents necessary to solicit competitive bids for construction. Approach: 6,1 Prepare specifications using RH2's standard technical specifications. 6.2 Update the City's standard construction contract documents to include language specific to the bidder qualification requirements. 6.3 Prepare and provide 60 -percent construction contract documents and technical specifications for City review. 6.4 Revise construction contract documents and technical specifications per City 60 -percent review comments. 6.5 Submit 90 -percent complete technical specifications and construction contract documents to City for review. 6.6 Provide an internal QA/QC review on the 90 -percent technical specifications and construction contract documents. 6.7 Prepare an Engineer's Estimate of probable construction cost for both alternatives at 30 - percent, 60 -percent, and 90 -percent design. Assumptions: • Specifications will follow Washington State Department of Transportation (WSDOT) format with RH2 Amendments. Provided by City: • Standard construction contract documents. • Attendance at meetings with RH2 staff to provide comments and information on 60- and 90 -percent specifications and construction contract documents. RH2 Deliverables: • Engineer's Estimate of probable construction cost at 30-, 60-, and 90 -percent design in electronic PDF. L•" City of Pasco Exhibit A Transmission Main — West Pasco Water Treatment Plant to Zone 3 Scope of Work • Technical specifications and construction contract documents for City review at the 60 -percent and 90 -percent design stages in electronic PDF. Task 7 — Permitting Assistance, Right -of -Way Acquisition, and Cultural Review Objective: Provide technical assistance to the City during the permitting and public outreach process. Approach: 7.1 Prepare State Environmental Policy Act (SEPA) checklist for City review and processing. 7.2 Provide City with plans and figures to convey the scope of this project to stakeholders and property owners that may be affected, including supportive drawings and simple conceptual plans. 7.3 Provide one (1) real estate appraisal for each property from which an interest is to be acquired, for up to three (3) properties. Work performed by subconsultant hired by Tierra 7.4 Contract with Tierra Right of Way Services, Ltd., (Tierra) for acquisition advisory services for up to three (3) right-of-way (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. 7.5 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 twelve (12) hours for these services are outside of this Scope of Work and will be negotiated as part of an amendment to this scope of work. 7,6 Assist City staff with project information to inform the stakeholders and City Council about the project. It is assumed that this subtask will be completed by the City using its billing program to identify adjacent properties. RH2 will support this effort as requested. 7.7 Prepare project information plans and provide a PDF copy for the City to reproduce. Prepare exhibits and attend two (2) public meetings at City Hall to present information about the replacement project. 7.8 Attend up to ten (10) additional virtual meetings with the City and individual property owners as requested. Twenty (20) hours are anticipated for this subtask. All meetings are assumed to take place via phone or video. 7,9 Contract with Cultural Resource Consultants, LLC, (CRC) to 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. Assumptions: • No WSDOT permits will be required for the 1-182 crossing. City of Pasco Exhibit A Transmission Main — West Pasco Water Treatment Plant to Zone 3 Scope of Work • The City shall be responsible for and take the lead on submitting all permitting submittals and paying the associated fees. • The City will assist RH2 with supplying information required for the SEPA Checklist to the extent that information is accessible to the City. • The City will process the SEPA application, if needed. • Stormwater and ROW permits will be required and will be prepared and processed by the City. • The term "properties" shall be understood to mean property that constitutes the "larger parcel" as described in the WSDOT Right -of -Way Manual. • The City will order and pay for the necessary title commitments, which is necessary to confirm ownerships before offers and negotiations are conducted and prior to recording any conveyance documents. • Tierra 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 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, Tierra 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, Tierra 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. • Tierra 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. n City of Pasco Exhibit A Transmission Main — West Pasco Water Treatment Plant to Zone 3 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. The Fee Estimate assumes that there will be five (5) files with permanent easements. • Temporary Construction Easements will not be recorded. • This Scope of Work 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 the 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 fee estimate if additional sites are found. The fee estimate 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. No engineering report will be required for Washington State Department of Health review and approval. V7 City of Pasco Exhibit A Transmission Main — West Pasco Water Treatment Plant to Zone 3 Scope of Work Provided by City: • Submittal of permit applications and payment of permit application fees. • Parcel Title Reports and payment for title reports, escrow and recording fees. • Easement negotiations, if necessary. • Coordination with the public. Postage and submittal of project information mailings. • Organize and lead public outreach meetings. RH2 Deliverables: • SEPA checklist in electronic PDF. • Rights of entry for topographic surveys and geotechnical review in electronic PDF. • Exhibits for public meetings in electronic PDF. • Project information plans in electronic PDF. • Attendance at two (2) public meetings with stakeholders and property owners, as requested. • Attendance at up to ten (10) virtual meetings with City and individual property owners. • One (1) exhibit map and legal description in electronic PDF per property for up to five (5) properties. • Up to five (5) appraisals in electronic PDF. • Up to three (3) Offer Packets for review and signature by the City. • Up to three (3) Final Report Packets for each file for payment and conveyance of title and recording to the City. • Up to three (3) Recommendations for Condemnation, if applicable. • One (1) cultural resources assessment report in electronic PDF. Task 8 — Bid -Ready Plans, Specifications, and Construction Contract Documents Objective: Prepare construction plans and specifications for bidding of up to two (2) construction contracts as separate bids: one (1) on the north side of 1-182 and one (1) on the south side of 1-182. Approach: 8.1 Perform a detailed in-house QA/QC engineering review of the construction design plans and specifications for quality and conformance to project requirements and City standards for each construction contract. 8.2 Submit 99 -percent plans, specifications, and construction contract documents to the City for final review or for City's signature for each construction contract. 10 City of Pasco Exhibit A Transmission Main — West Pasco Water Treatment Plant to Zone 3 Scope of Work 8.3 Revise plans, specifications, and construction contract documents for each construction contract per the in-house review and City input, if any. It is assumed the revisions to the 99 - percent documents, if any, will be minor. 8.4 Finalize the Engineer's Estimate of probable construction cost based on the bid -ready design plans for each construction contract. 8.5 For each construction contract, prepare bid -ready plans, specifications, and construction contract documents for bidding. Provided by City: • Review comments and information to prepare bid -ready plans, specifications, and construction contract documents. RH2 Deliverables: • 99 -percent plans, specifications, and construction contract documents for City review and signature, if needed, in electronic PDF. • Five (5) hardcopy sets of bid -ready documents: two (2) sets for City use and bidding purposes; and three (3) sets for RH2 files and staff use during bidding. Plans will be shown at 1 -inch equals 30 feet on 11 -inch by 17 -inch sheets. It is assumed that each plan set will consist of forty (40) sheets maximum. • Bid -ready construction contract documents and plan set in electronic PDF. Plans will be shown at 1 -inch equals 30 feet on 22 -inch by 34 -inch sheets. Task 9 — Services During Bidding Objective: Provide engineering assistance throughout the bidding phase to prepare required documentation and respond to contractor questions. Perform the following tasks for up to two (2) construction contracts bid at separate times. Approach: 9.1 Provide PDF to the City and submit bid package to an online plan center (i.e., QuestCDN). 9.2 Prepare bid advertisement and coordinate the timing and placement of the bid advertisement with the City. The City will submit the advertisement to the appropriate publications and pay any advertising fees. 9.3 Attend one (1) pre-bid walkthrough with prospective bidders. 9.4 Respond to contractor or supplier technical questions during bidding. 9.5 Prepare up to three (3) addenda when determined necessary to clarify, revise, or change the construction plans, technical specifications, or project conditions during the bidding process. 9.6 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. 11 City of Pasco Exhibit A Transmission Main — West Pasco Water Treatment Plant to Zone 3 Scope of Work 9.7 Create electronic conformed for construction contract documents for contractors, if necessary. Assumptions: • It is assumed the City will be responsible for construction contract execution. • It is assumed that the transmission lines and connections on the north and south side of 1-182 may be constructed at different times and may not be bid at the some time depending upon the state of development of the raw land north of 1-182 that could be subject to extensive grading. Provided by City: • Submission of the advertisement to the appropriate publications and payment of fees. • Attendance at pre-bid walkthrough with prospective bidders. • Issuance of addenda as needed. • Coordinate and administer the bid opening. • Prepare bid tabulation and project award recommendation letter. RH2 Deliverables: • Bid advertisement in electronic PDF. • Attendance at pre-bid walkthrough. • Responses to contractor or supplier questions via telephone or email. • Up to three (3) addenda in electronic PDF. • Conformed for construction contract documents in electronic PDF, if necessary. Task 10 —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 onsite, 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 contract administration and will handle day-to-day responsibilities. Approach: 10,1 Assist the City for a maximum of one hundred twenty (120) hours to perform on-site observation and respond to contractor's requests for information or change orders. 10.2 Prepare construction record drawings for the project. Assumptions: • It is assumed that the City will provide most services during construction. If the City determines it needs technical support from RH2, a maximum of one hundred twenty (120) hours to respond to contractor questions, observe construction activities, observe special inspections, 12 City of Pasco Exhibit A Transmission Main — West Pasco Water Treatment Plant to Zone 3 Scope of Work or assist with change orders is provided in this Scope of Work and Fee Estimate. Effort for these services in excess of one hundred twenty (120) hours are outside of this Scope of Work and will be negotiated as part of an amendment to this Scope of Work. • RH2 is not responsible for site safety or for directing the contractor in their work. RH2 Deliverables: • Applicable field observation reports and documentation in electronic PDF. • Construction record drawings in electronic PDF. Project Schedule RH2 will commence with design and permitting work upon notice to proceed from the City. It is anticipated that construction will commence by the beginning of November 2022 and will be completed by the end of April 2023. The schedule is contingent on finalizing the preferred alignment within three (3) months of notice to proceed. 13 EXHIBIT B Fee Estimate City of Pasco Transmission Main -West Pasco Water Treatment Plant to Zone 3 Sep -21 Description Total Total Labor Total Subconsultant Total Expense Total Cost Hours $ 17,074 .................................................................................................................................................................. Classification Task 1 Project Management I 90 I $ 16,458 $ $ 616 $ 17,074 Task 2 Subsurface Investigation and Preliminary Design 143 $ 26,983 $ 9,200 $ 1,929 $ 38,112 Task 3 Topographic Survey and Easements 27 $ 4,272 $ 34,213 $ 547 $ 39,031 Task 4 Prepare Prelminary Design Alternatives 296 $ 44,804 $ $ 7,782 $ 52,586 Task 5 Prepare Construction Documents 1111 $ 175,483 $ $ 26,572 $ 202,055 Task 6 Prepare specifications and Bid Quantities 226 $ 34,636 $ $ 4,001 $ 38,637 Task 7 Permitting Assistance, Right -of -Way Acquisition, and Cultural RevieA 145 1 $ 24,631 1 $ 68,883 1 $ 3,629 1 $ 97,142 Task 8 Bid -Ready Plans, Specifications, and Construction Contract Docume 78 $ 12,360 $ $ 2,047 $ 14,407 Task 9 Services During Bidding (2 Contracts) 129 $ 21,360 $ $ 1,725 $ 23,085 Task 10 Services During Construction (Limited) 162 $ 26,676 $ $ 3,200 $ 29,876 PROJECT TOTAL 2407 $ 387,663 $ 112,295 $ 52,047 $ 552,005 RH2 ENGINEERING, INC. 2021 SCHEDULE OF RATES AND CHARGES RATE LIST RATE UNIT Professional 1 $144 $/hr Professional II $157 $/hr Professional 111 $169 $/hr Professional IV $187 $/hr Professional V $198 $/hr Professional VI $214 $/hr Professional VII $226 $/hr Professional VIII $235 $/hr Professional IX $235 $/hr Control Specialist 1 $130 $/hr Control Specialist II $141 $/hr Control Specialist III $154 $/hr Control Specialist IV $169 $/hr Control Specialist V $179 $/hr Control Specialist VI $191 $/hr Control Specialist VII $204 $/hr Control Specialist Vlll $214 $/hr Technician 1 $108 $/hr Technician II $119 $/hr Technician 111 $136 $/hr Technician IV $145 $/hr Technician V $160 $/hr Technician VI $175 $/hr Technician VII $189 $/hr Technician VIII $198 $/hr Administrative 1 $72 $/hr Administrative 11 $84 $/hr Administrative III $99 $/hr Administrative IV $118 $/hr Administrative V $139 $/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 cop 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 at cost :::::::d Rates listed are adjusted annually.