099-24 - RH2 Engineering, Inc. - ContractDocusign Envelope ID: A6FE889D-CD1C-45AF-964C-41B61FE6E3A0
Port Orchard Contract #: 099-24
Authorized Amount: $375,000
Date Start: November 26, 2024
Date End: December 31, 2026
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington,
a municipal corporation organized under the laws of the State of Washington ("City") and RH2
Engineering, Inc., ("Consultant") organized under the laws of the State of Washington, located and
doing business at 1201 Pacific Avenue, Suite 1750, Tacoma, WA 98402, Phone: 253 272-3059,
Contact: Edwin Halim, Email: ehalim@rh2.com (hereinafter the "Consultant")
RECITALS:
WHEREAS, the City desires to have certain services performed for its residents; and
WHEREAS, the City has selected the Consultant to perform such services pursuant to certain
terms and conditions; and
WHEREAS, the City complied with the requirements for hiring Consultant contained in Chapter
39.80 RCW;
NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the
parties agree as follows:
AGREEMENT:
1. Scope of Services to be Performed by Consultant.
The Consultant shall perform those services described on Exhibit "A," which is attached hereto and
incorporated herein by this reference as if set forth in full. In performing such services, the Consultant shall
at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the
performance of such services and the handling of any funds used in connection therewith. The Consultant
shall perform the services diligently and completely and in accordance with professional standards of
conduct and performance. The Consultant shall request and obtain prior written approval from the City
if the scope or schedule is to be modified in any way.
If the services provided hereunder are funded in whole or in part under a Grant Funding
Agreement, then Consultant will comply with the terms of such Grant Funding Agreement to ensure that
the City is able to obtain the maximum funding under such Grant Funding Agreement. If this applies, the
City will provide the Consultant with a copy of the Grant Funding Agreement.
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2. Compensation.
The City shall pay the Consultant for services rendered according to the rates and methods set forth
below.
❑ LUMP SUM. Compensation for these services set forth in Exhibit A shall be a Lump Sum
of $
❑ TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
375 000 without written authorization and will be based on the list of billing rates and
reimbursable expenses attached hereto as Exhibit "B."
❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials
basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit
„B
❑ OTHER
3. Payment.
A. The Consultant shall maintain time and expense records and provide them to the City
monthly after services have been performed, along with monthly invoices in a format acceptable to
the City for work performed to the date of the invoice.
B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper
invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the
same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in
dispute, and the Parties shall immediately make every effort to settle the disputed portion.
C. The Consultant shall keep cost records and accounts pertaining to this Agreement
available for inspection by City representatives for three (3) years after final payment unless a longer
period is required by a third -party agreement. Copies shall be made available on request.
D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall
comply with all federal and state laws applicable to independent contractors, including, but not limited
to, the maintenance of a separate set of books and records that reflect all items of income and expenses
of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by
law, to show that the services performed by the Consultant under this Agreement shall not give rise to
an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial
Insurance.
If the services rendered do not meet the requirements of the Agreement, the Consultant
will correct or modify the work to comply with the Agreement. The City may withhold payment for such
work until the work meets the requirements of the Agreement. The City shall pay the Consultant for
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services rendered within ten (10) days after City Council voucher approval. However, if the City objects
to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to
settle the disputed portion.
F. The City reserves the right to direct the Consultant's compensated services before
reaching the maximum amount.
4. Duration of Agreement.
A. This Agreement shall be in full force and effect for a period commencing on November
26, 2024 and ending December 31, 2026 unless sooner terminated under the provisions of this
Agreement. The City reserves the right to offer two (2) one-year extensions prior to expiration of the
Agreement to retain the Consultant's services.
B. Time is of the essence of this Agreement in each and all of its provisions in which
performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will
negotiate in good faith to determine whether an extension is appropriate.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
D. The Consultant is authorized to proceed with services upon receipt of a written Notice
to Proceed.
5. Standard of Care.
The Consultant represents and warrants that it has the requisite training, skill, and experience
necessary to provide the services under this Agreement and is appropriately accredited and licensed
by all applicable agencies and governmental entities. Services provided by the Consultant under this
Agreement will be performed in a manner consistent with that degree of care and skill ordinarily
exercised by members of the same profession currently practicing in similar circumstances.
6. Ownership and Use of Documents.
A. Ownership. Any records, files, documents, drawings, specifications, data, or
information, regardless of form or format, and all other materials produced by the Consultant in
connection with the services provided to the City, shall be the property of the City whether the project
for which they were created is executed or not. Any reuse or modification of such documents, reports,
or other materials or work of the Consultant for the purposes other than those intended by this
Agreement shall be at the City's risk and without liability to the Consultant.
B. Records preservation. Consultant understands that this Agreement is with a government
agency and thus all records created or used in the course of Consultant's work for the City are
considered "public records" and are subject to disclosure by the City under the Public Records Act,
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Chapter 42.56 RCW ("the Act"). Consultant agrees to safeguard and preserve records in accordance
with the Act. The City may be required, upon request, to disclose the Agreement, and the documents
and records submitted to the City by Consultant, unless an exemption under the Public Records Act
applies. If the City receives a public records request and asks Consultant to search its files for responsive
records, Consultant agrees to make a prompt and thorough search through its files for responsive
records and to promptly turn over any responsive records to the City's public records officer at no cost
to the City.
7. Relationship of the Parties; Independent Consultant.
The Parties intend that an independent contractor -client relationship will be created by this
Agreement. As the Consultant is customarily engaged in an independently established trade which
encompasses the specific service provided to the City hereunder, no agent, employee, representative
or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent,
representative or sub -consultant of the City. In the performance of the work, the Consultant is an
independent contractor with the ability to control and direct the performance and details of the work,
the City being interested only in the results obtained under this Agreement. None of the benefits
provided by the City to its employees, including, but not limited to, compensation, insurance, and
unemployment insurance are available from the City to the employees, agents, representatives, or sub -
consultants of the Consultant. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or contributing to the State Industrial Insurance Program, or
otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the
Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its
agents, employees, representatives, and sub -consultants during the performance of this Agreement.
The City may, during the term of this Agreement, engage other independent contractors to perform
the same or similar work that the Consultant performs hereunder.
8. Indemnification.
Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and
volunteers harmless from any and all claims, injuries, damages, losses or suits including reasonable
attorneys' fees, to the extent arising out of or resulting from the negligent 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.
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 THE PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN
MUTUALLY NEGOTIATED BY THE PARTIES.
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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, or employees.
A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types
described below:
limits:
i. 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.
ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00
01 or a substitute form providing equivalent liability coverage for liability arising from
premises, operations, independent Consultants 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.
iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
iv. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance
i. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
ii. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
iii. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provision. The Consultant's Automobile Liability, Commercial
General Liability, and Professional 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 insurance
pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not
contribute with it.
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D. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A-VII.
E. Verification of Coverage. The 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.
F. Notice of Cancellation. The Consultant shall provide the City with written notice
of any policy cancellation, within two business days of their receipt of such notice.
G. 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 business days' notice to the Consultant to correct the breach, immediately terminate the
contract 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.
H. No Limitation. 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.
10. Record Keeping and Reporting.
A. The Consultant shall maintain accounts and records, including personnel,
property, financial, and programmatic records, which sufficiently and properly reflect all direct and
indirect costs of any nature expended and services performed pursuant to this Agreement. The
Consultant shall also maintain such other records as may be deemed necessary by the City to ensure
proper accounting of all funds contributed by the City to the performance of this Agreement.
B. The foregoing records shall be maintained for a period of seven (7) years after
termination of this Agreement unless permission to destroy them is granted by the Office of the
Archivist in accordance with Chapter 40.14 RCW and by the City.
11. City's Right of Inspection and Audit.
A. Even though the Consultant is an independent contractor with the authority to control
and direct the performance and details of the work authorized under this Agreement, the work must
meet the approval of the City and shall be subject to the City's general right of inspection to secure the
satisfactory completion thereof. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or become applicable within the terms of this
Agreement to the Consultant's business, equipment, and personnel engaged in operations covered by
this Agreement or accruing out of the performance of such operations.
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B. The records and documents with respect to all matters covered by this Agreement shall
be subject at all times to inspection, review or audit by the City during the performance of this
Agreement. All work products, data, studies, worksheets, models, reports, and other materials in
support of the performance of the service, work products, or outcomes fulfilling the contractual
obligations are the products of the City.
12. Work Performed at the Consultant's Risk.
The Consultant shall take all precautions necessary and shall be responsible for the safety of its
employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all
protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the
Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or
held by the Consultant for use in connection with the work.
13. Termination.
A. Termination without cause. This Agreement may be terminated by the City at any time
for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment
for the benefit of creditors.
B. Termination with cause. This Agreement may be terminated upon the default of the
Consultant and the failure of the Consultant to cure such default within a reasonable time after
receiving written notice of the default.
C. Rights Upon Termination.
i. With or Without Cause. Upon termination for any reason, all finished or
unfinished documents, reports, or other material or work of the Consultant pursuant to this
Agreement shall be submitted to the City, and the Consultant shall be entitled to just and
equitable compensation for any satisfactory work completed prior to the date of termination,
not to exceed the total compensation set forth herein. The Consultant shall not be entitled to
any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to
anticipated profit on work not performed because of such termination. The Consultant shall use
its best efforts to minimize the compensation payable under this Agreement in the event of
such termination. Upon termination, the City may take over the work and prosecute the same
to completion, by contract or otherwise.
ii. Default. If the Agreement is terminated for default, the Consultant shall
not be entitled to receive any further payments under the Agreement until all work called for
has been fully performed. Any extra cost or damage to the City resulting from such default(s)
shall be deducted from any money due or coming due to the Consultant. The Consultant shall
bear any extra expenses incurred by the City in completing the work, including all increased
costs for completing the work, and all damage sustained, or which may be sustained, by the
City by reason of such default.
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D. Suspension. The City may suspend this Agreement, at its sole discretion. Any
reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's
reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of
services under this Agreement without delay when the suspension period ends.
E. Notice of Termination or Suspension. If delivered to the Consultant in person,
termination shall be effective immediately upon the Consultant's receipt of the City's written notice or
such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be
given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall
indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the
address set forth in the "Notices" Section herein.
F. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may
otherwise have for the violation or nonperformance of any provisions of this Agreement.
14. Discrimination Prohibited.
A. The Consultant agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed, color,
national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state,
or local law or ordinance, except for a bona fide occupational qualification.
B. Violation of this Section shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may
result in ineligibility for further work for the City.
15. Force Majeure.
Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to
strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services,
labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws,
regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency
(including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other
significant public health risk), governmental edicts, actions, declarations or quarantines by a
governmental entity or health organization, breaches in cybersecurity, and other causes beyond the
reasonable control of the Party obligated to perform, regardless of whether such other causes are (i)
foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph
(collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any
such prevention, delay or stoppage. To the extent this Agreement specifies a time period for
performance of an obligation of either Party, that time period shall be extended by the period of any
delay in such Party's performance caused by a Force Majeure. Provided however, that the current
COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's
performance that result from the pandemic become substantially more onerous after the effective
date of this Agreement.
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16. Assignment and Subcontract.
The Consultant shall not assign or subcontract any portion of the services contemplated by this
Agreement without the prior written consent of the City. Any assignment made without the prior
approval of the City is void.
17. Conflict of Interest.
The Consultant represents to the City that it has no conflict of interest in performing any of the services
set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with
which it may have a conflict, Consultant will immediately disclose such conflict to the City.
18. Confidentiality.
All information regarding the City obtained by the Consultant in performance of this Agreement shall
be considered confidential. Consultant agrees to share Confidential information only as required to
perform the services identified by this Agreement. Any receiving party shall be required to hold and
secure the confidential information as they would their own confidential and proprietary information.
Breach of confidentiality by the Consultant shall be grounds for immediate termination.
19. Non -Appropriation of Funds.
If sufficient funds are not appropriated or allocated for payment under this Agreement for any future
fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for
services or amounts incurred after the end of the current fiscal period. This Agreement will terminate
upon the completion of all remaining services for which funds are allocated. No penalty or expense
shall accrue to the City in the event that the terms of the provision are effectuated.
20. Entire Agreement.
This Agreement contains the entire agreement between the parties, and no other agreements, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of
the parties. If there is a conflict between the terms and conditions of this Agreement and the attached
exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party
may request changes to the Agreement. Changes which are mutually agreed upon shall be
incorporated by written amendments to this Agreement.
21. Non -waiver of Breach.
The failure of either party to insist upon strict performance of any of the covenants and agreements
contained herein, or to exercise any option herein contained in one or more instances, shall not be
construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same
shall be in full force and effect.
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22. Modification.
No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless
in writing and signed by a duly authorized representative of the City and the Consultant.
23. Notices.
All notices or other communications required or permitted under this Agreement shall be in writing
and shall be (a) personally delivered, in which case the notice or communication shall be deemed given
on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage
prepaid, return receipt requested, in which case the notice or communication shall be deemed given
three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight
delivery using a nationally recognized overnight courier service, in which case the notice or
communication shall be deemed given one business day after the date of deposit with such courier. In
addition, all notices shall also be emailed, however, email does not substitute for an official notice.
Notices shall be sent to the following addresses:
Notices to the City of Port Orchard shall be sent to the following address:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, Washington 98366
Bwallace@citvofportorchard.us
Phone:360.876.4407 Fax: 360.895.9029
Notices to the Consultant shall be sent to the following address:
Phone No.:
Email:
24. Resolution of Disputes; Governing Law.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the
term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise
between the parties relative to the actual services provided or to the sufficiency of the performance
hereunder.
B. If any dispute arises between the City and the Consultant under any of the provisions
of this Agreement which cannot be resolved by good faith negotiations or the Mayor's determination
in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed
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matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap
County, Washington.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreement,
the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable
attorneys' fees from the other Party.
25. Compliance with Laws.
The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that
are now effective or in the future become applicable to Consultant's business, equipment, and
personnel engaged in operations covered by this Agreement or accruing out of the performance of
those operations.
26. Title VI.
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42
U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts
comply with these regulations.
Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and
successors in interest agrees as follows:
A. Compliance with Regulations. The Consultant will comply with the Acts and the
Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time,
which are herein incorporated by reference and made a part of this Agreement.
B. Nondiscrimination. The Consultant, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability,
income -level, or LEP in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The Consultant will not participate directly or indirectly in the
discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto
and incorporated herein by this reference, including employment practices when this Agreement
covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21.
C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all
solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations
under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds
of race, color, national origin, sex, age, disability, income -level, or LEP.
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D. Information and Reports. The Consultant will provide all information and reports
required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to
its books, records, accounts, other sources of information, and its facilities as may be determined by
the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Consultant is in the exclusive possession of
another who fails or refuses to furnish the information, the Consultant will so certify to the City or the
FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the
non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
i. withholding payments to the Consultant under the Agreement until the contractor
complies; and/or
ii. cancelling, terminating, or suspending the Agreement, in whole or in part.
F. Incorporation of Provisions. The Consultant will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take
action with respect to any subcontract or procurement as the City or the FHWA may direct as a means
of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such
direction, the Consultant may request the City to enter into any litigation to protect the interests of the
City. In addition, the Consultant may request the United States to enter into the litigation to protect
the interests of the United States.
27. Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall constitute an
original, and all of which will together constitute this one Agreement.
28. Severability.
Any provision or part of this Agreement held to be void or unenforceable under any law or regulation
shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the
City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken
provision or part with a valid and enforceable provision that comes as close as reasonably possible to
expressing the intent of the stricken provision.
IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the
dates listed below.
City of Port Orchard and RH2 Engineering, Inc.
Public Works Project: Services for Bay Street Lift Station Project
Upd..d 412022 MDR
Page 12
Docusign Envelope ID: A6FE889D-CD1 C-45AF-964C-41 B61 FE6E3A0
CONSULTANT
By: A - -
Edwin Halim
Title: Director
Date: 11 /21 /2024
City of Port Orchard and RH2 Engineering, Inc.
Public Works Project: Services for Boy Street Lift Station Project
Updated 41202218DR
CITY OF PORT ORCHARD
By: FSigned by:
} Naaan sw
Robert Putaansuu, Mayor
12/3/2024
Date:
Ar UTJ,, n YTHENTICATE
FOR
Brandy Wallace, MMC, City Clerk
A�RPRQMW AS TO FORM
20-3701 F25520457...
Port Orchard City Attorney's Office
Page 13
Docusign Envelope ID: A6FE889D-CD1C-45AF-964C-41B61FE6E3A0
EXHIBIT A
Scope of Services to be Provided by Consultant. The Consultant shall furnish services including, but
not limited to, the following outlined here or attached separately.
City of Port Orchard and RH2 Engineering, Inc.
Public Works Project: Services for Bay Street Lift Station Project
Updated 4120221BDR
Page 14
Docusign Envelope ID: A6FE889D-CD1 C-45AF-964C-41 B61 FE6E3A0
EXHIBIT A
Scope of Work
City of Port Orchard
Bay Street Lift Station
November 2024
Background
The City of Port Orchard's (City) existing Bay Street Lift Station needs to be replaced to increase
capacity and upgrade the facility to current standards. The existing pump station configuration
includes two 7.5 horsepower dry pit pumps that deliver 730 gallons per minute at 22 feet of total
dynamic head through a 10-inch force main along Bay Street. As part of this project, the City also
would like to evaluate new locations for the replacement lift station.
The City has retained RH2 Engineering, Inc., (RH2) to prepare a preliminary engineering report and
design of the lift station improvements to the 90-percent design level. The new lift station may
include dry pit or submersible pumps, a generator set, emergency diesel backup pump, security
fencing, and updated electrical and mechanical components. Maintaining the operation of the
existing lift station during construction of the new lift station also will be critical. This Scope of Work
includes an alternatives analysis and siting study, civil design, and project permitting. Future phases
to be awarded under separate contracts are anticipated to include preparing design documents for
public bidding and providing services during bidding and construction.
General Assumptions
The following assumptions were made when preparing this Scope of Work:
• 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. RH2 assumes
that the entity providing such information to RH2 is either the owner of such information or
has obtained written authorization from the owner to distribute said information.
• Services are limited to those described herein and will be performed to the level of effort
identified in the attached Fee Estimate. If additional effort is needed, that extra work will be
mutually determined by the City and RH2.
• Deliverables will be submitted in electronic format (PDF) unless otherwise noted.
• There are three (3) parcels being evaluated for the proposed pump station site. The Parcel
Nos. are 252401-2-036-2002 (1120 Bay Street), 252401-2-040-2006 (1212 Bay Street), and
252401-2-017-2005 (1216 Bay Street).
• The City has acquired a Washington State Public Works Trust Fund (PWTF) loan for project
financing. The City will be the lead on fulfilling the administration requirements of the PWTF
loan, with assistance from RH2 when requested.
• The City will provide timely review of all submittals when requested.
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City of Port Orchard Exhibit A
Bay Street Lift Station Scope of Work
Task 1— Project Management
Objective: Manage the RH2 project team for coordination of various design tasks and obtain the
City's input to facilitate this Scope of Work. Attend and participate in project progress meetings.
Approach:
1.1 Provide direction and coordination to the RH2 project team and subconsultants. Coordinate
technical disciplines as described herein. Document and retain information generated during
the execution of the project.
1.2 Prepare for and attend remote progress meetings with City staff every two (2) weeks. Prepare
meeting agendas and minutes. Up to eighteen (18) progress meetings are assumed in the Fee
Estimate, in addition to the other milestone and review meetings identified elsewhere in this
Scope of Work.
1.3 Prepare and attend one (1) City Utility Committee meeting.
1.4 Prepare and attend one (1) City Council study session.
1.5 Coordinate with the City and provide support for the PWTF loan as requested.
1.6 Prepare and submit monthly invoices and progress reports.
1.7 Create, maintain, and update a project design schedule.
RH2 Deliverables:
• Attendance at progress meetings. Meeting agendas and minutes.
• Attendance at City Utility Committee meeting and City Council study session.
• Monthly invoices and progress reports.
• Project schedule updates.
Phase 1— Alternatives Analysis
Task 2 — Data Collection and Preliminary Site Survey
Objective: Collect and review existing lift station data. Attend a field visit with adjacent property
owners to discuss the potential for property acquisition at the existing Bay Street Lift Station site.
Perform site visits to selected locations to determine field elevations.
Approach:
2.1 Review existing Bay Street Lift Station background information, reports, historical flow rate,
future zoning maps, and pressure data using telemetry data, and other information from the
City.
2.2 Coordinate and attend one (1) field visit with adjacent property owners and City staff, if desired,
to understand their perspectives on potential property acquisitions. Proposed locations for the
new lift station include three (3) parcels on the south side of Bay Street as identified in the
General Assumptions.
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Docusign Envelope ID: A6FE889D-CD1C-45AF-964C-41B61FE6E3A0
City of Port Orchard
Bay Street Lift Station
Exhibit A
Scope of Work
2.3 Perform site visits at the potential lift station sites to perform a vertical level loop survey to
determine field elevations.
2.4 Support the City on preliminary property/easement acquisition as requested. Coordinate with
City staff and the City's attorney, prepare property/easement exhibits and legal descriptions,
and attend additional property owner meetings. Up to twenty-four (24) hours have been
anticipated for this subtask.
Assumptions:
• Property/easement appraisals will be provided by the City's on -call property consultant,
Common Street Consulting.
Provided by City:
Existing Bay Street Lift Station background information, reports, flow rate data, basin map,
future zoning, etc.
• Property/easement acquisition legal documents.
RH2 Deliverables:
• Attendance at property owner field visit.
• Preliminary Property/easement exhibits and legal descriptions.
Task 3 — Geotechnical Exploration
Objective: Obtain geotechnical information for the soil and groundwater conditions at the selected
lift station sites and along the proposed force main alignment.
Approach:
3.1 Perform a geologic engineering investigation at each proposed lift station site. Review available
geologic and geotechnical reports related to the site. Review available geologic, soil, and
groundwater information related to the proposed lift station site. Perform a geotechnical
investigation to observe, characterize, and document earth and groundwater conditions of the
site, identify potential geologic hazards and recommendations to mitigate the geologic risks,
and provide recommendations for design and construction of the new lift station.
3.2 Subcontract with a drilling company to excavate up to three (3) 30-foot deep borings. Observe
deep soil and groundwater conditions, identifythe location and characteristics of existing native
materials, and establish a groundwater monitoring well. Observe and document borings.
3.3 Prepare a geologic engineering report that includes a summary of geologic conditions and
provide recommendations forthe design and construction of the proposed lift station, including
shoring and foundation design, drainage, dewatering, and trench stability for contractor shoring
requirements. The engineering report will include a figure showing exploration locations,
photographs, and logs from each test pit and boring performed.
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Docusign Envelope ID: A6FE889D-CD1C-45AF-964C-41B61FE6E3A0
City of Port Orchard
Bay Street Lift Station
Assumptions:
Exhibit A
Scope of Work
• A soil laboratory will be subcontracted to provide grain -size analysis of representative soil
samples.
Provided by City:
• Available geologic or geotechnical reports related to the existing lift station.
• Right of Access agreements for private properties
RH2 Deliverables:
• Soil borings and utility locates provided by the drilling subconsultant.
• Geologic engineering report.
Task 4 — Cultural Resources Report and Monitoring
Objective: Assist the City with preparing a Cultural Resources Report in accordance with the
requirements of the PWTF, Section 106 of the National Historic Preservation Act, and Governor's
Executive Order 05-05 to assist with site selection. The Cultural Resources Report and supporting
documents will be used during the funding and permitting process. This Task will be performed by
Cultural Resources Consultants (CRC) as a subconsultant to RH2.
Approach:
4.1 Coordinate with CRC to evaluate cultural resources and coordinate with the Department of
Archeology and Historic Preservation (DAHP). CRC will prepare a Cultural Resources Report,
complete permitting efforts required by DAHP, and provide cultural resources monitoring for
Task 3.
Assumptions:
• Cultural resources approval is required prior to starting ground disturbing activities.
RH2/CRC Deliverables:
• Cultural Resources Report.
• Coordination with DAHP and submittal of Cultural Resources Report.
• Cultural resources monitoring.
Task 5 — Site Selection and Lift Station Configuration Alternatives Analysis
Objective: Perform hydraulic analysis and evaluate existing flow rates at the Bay Street Lift Station.
Evaluate force main sizing, pump alternatives, and lift station configurations. Evaluate site layouts
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City of Port Orchard Exhibit A
Bay Street Lift Station Scope of Work
for the three (3) parcels with the preliminary lift station configurations. Prepare a preliminary
engineering report summarizing the site and lift station configuration alternatives analysis.
Approach:
5.1 Evaluate the existing lift station flow rates and pressures based on data provided by the City in
Task 2.
5.2 Coordinate with the City to determine the sewer basin size and flow projections for sewer
hydraulic modeling. Sewer modeling will be performed by the City's consultant engineer (Consor
Engineering, Inc.) under an existing on -call contract with the City.
5.3 Provide a pressure data logger to be temporarily installed on the force main near the pump
discharges for up to two (2) weeks to record operational data. Observe a record of pressures
gathered on a time interval to determine the force main hydraulics. The pressure data logger
will be provided by RH2 for the monitoring period. City staff will install and remove these data
loggers. The City also will provide RH2 with the pressure data measured from the City's existing
gauges and pump run times for the period of the data logger pressure measurement.
5.4 Perform wet well/pump drawdown tests to determine the approximate full speed discharge
flow rate of each pump at the existing lift station.
5.5 Develop system head curves for existing and future flow conditions.
5.6 Evaluate wet pit/dry pit versus submersible lift station pumping alternatives. Evaluate pump
manufacturers and type of pump. Consider the site layout, generator, and building locations.
a) Perform hydraulic analyses to size and recommend pumps for the proposed lift station
based on the flow projections provided by the City. The lift station may be a duplex or
triplex layout as identified by the City as part of the design criteria preferences.
b) Determine City preferences for the generator. Determine the peak power requirements
for the lift station to size the generator equipment. Review and evaluate solar panel,
hybrid, and natural gas generator options for the site.
c) Evaluate up to two (2) alternatives for providing additional wet well storage at the site.
d) Prepare site layouts of the three (3) potential sites with the proposed lift station
configuration alternatives.
e) Develop an opinion of probable construction cost (OPCC) for each alternative and
determine which alternatives are most cost effective.
5.7 Prepare a preliminary engineering report that summarizes the results of the property/easement
acquisition, permitting requirements, hydraulic data, and force main and pump evaluations,
recommends a preferred pump, and summarizes up to three (3) lift station site alternatives and
two (2) lift station configuration alternatives for each site. Prepare conceptual layouts and an
OPCC to be included in the engineering report. Submit a draft report to City staff for review and
comment.
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City of Port Orchard
Bay Street Lift Station
Exhibit A
Scope of Work
5.8 Attend one (1) workshop with City staff to discuss the proposed improvements. Select lift
station site and configuration with City staff based on the results of the technical memorandum.
5.9 Finalize the preliminary engineering report based on City comments and workshop discussion.
Assumptions:
• It is assumed that up to three (3) pump manufacturers and pump types will be evaluated.
Provided by City:
• Pressure data from the City's existing lift station gauges.
• Future flow rate projection for the lift station.
• Attendance at workshop by the City Project Manager and Project Engineer to discuss
improvements.
RH2 Deliverables:
• Draft and final preliminary engineering report.
• Attendance at workshop to discuss improvements.
Phase 2 — Lift Station Design
Task 6 — Topographic Survey
Objective: Coordinate with Sitts & Hill Engineers, Inc., (Sitts & Hill) as a subconsultant to RH2 to
perform a topographic survey of the City's chosen lift station site to identify surface features and
known buried utilities.
Approach:
6.1 Coordinate with Sitts & Hill to provide horizontal and vertical survey control and topographic
information for the lift station site. The survey will include surface features, underground
utilities, topography, roadway and utility alignments, rights -of -way, property lines, and
easements within the project area.
6.2 Prepare a base map of the project site and perform one (1) site visit to review the base map
and facility locations based on survey information.
6.3 Coordinate with a private utility locate company as a subconsultant to RH2 to perform utility
locates and coordinate with City staff to perform up to seven (7) utility potholes.
6.4 Incorporate potholing data into the base map.
Assumptions:
• The City will provide an operator and vactor truck needed for pothole excavation. RH2 is not
responsible for the site safety or direction of the City's operators.
Provided by City:
• Coordination and assistance with utility potholing in right-of-way.
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Docusign Envelope ID: A6FE889D-CD1C-45AF-964C-41B61FE6E3A0
City of Port Orchard
Bay Street Lift Station
• Right of Access agreements for private properties.
RH2 Deliverables:
• Topographic land survey of the lift station site.
• Potholing files in electronic format (AutoCAD and PDF).
Task 7 — 30-Percent Design
Exhibit A
Scope of Work
Objective: Provide RH2's design criteria checklist to the City for selection of design preferences.
Prepare preliminary (30-percent) design plans and OPCC for the lift station and force main.
Approach:
7.1 Summarize criteria, standards, guidance, and/or codes governing the design, including
mechanical, structural, and electrical design criteria. Develop a design criteria checklist for the
City to select its design preferences. Attend one (1) meeting with City staff to review the design
criteria and confirm the preferred equipment.
7.2 Perform hydraulic analyses to determine the lift station's capacity to meet current and future
build -out flows.
7.3 Create a cover sheet, including sheet index and vicinity map. Create a general notes sheet.
7.4 Develop preliminary site, temporary erosion and sediment control (TESC), grading, and site
access plans.
7.5 Develop landscaping plans to be used for permitting applications.
7.6 Develop preliminary structural layout plans for the proposed wet well and dry well.
7.7 Develop preliminary mechanical plans and elevations.
7.8 Develop preliminary electrical plans using City standards.
7.9 Develop preliminary cathodic protection design for the force main. Perform on -site soil
resistivity and potential gradient survey. Perform resistivity and chemical analysis of soil
samples. Prepare materials/corrosion control summary technical memorandum.
7.10 Develop preliminary traffic control plans.
7.11 Prepare 30-percent design level OPCC.
7.12 Submit 30-percent plans and OPCC to City staff for review. Attend one (1) meeting with City
staff to review preliminary design plans.
Assumptions:
• The TESC plan is anticipated to be a Small Development TESC per City Development Standards
and does not include Permanent Stormwater Management of Permanent Small Site Controls
because it is assumed those are not requirements of this project.
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City of Port Orchard Exhibit A
Bay Street Lift Station Scope of Work
Provided by City:
• Design criteria checklist with chosen preferences.
• Attendance at design criteria and 30-percent design review meetings.
• Review comments on 30-percent design plans.
RH2 Deliverables:
• Design criteria checklist and attendance at meeting.
• Materials/corrosion control summary technical memorandum.
• 30-percent design plans and OPCC.
• Attendance at 30-percent design review meeting.
Task 8 — Permitting
Objective: Assist the City with preparing and submitting permit applications for the lift station
project. Attend one (1) pre -application meeting and coordinate with review agencies.
Approach:
8.1 Prepare and submit a pre -application meeting request to the City's Community Development
Department. Attend one (1) pre -application meeting with City staff to review the project and
discuss required permits, submittal needs, and review times. Prepare meeting agenda and
minutes.
8.2 Prepare a Conditional Use Permit (CUP) application and associated components (i.e., vicinity
map, site plans, floor plans, site photos, etc.). Coordinate with City Public Works staff to review
and comment on the application prior to submittal. Finalize the CUP application with City staff
comments and submit to the City's Community Development Department. Attend the public
hearing with the Hearing Examiner to support City Public Works staff. It is assumed two (2) RH2
staff members will attend the hearing.
8.3 Prepare a State Environmental Policy Act (SEPA) Checklist. Prepare a draft SEPA Checklist for
City Public Works review. Finalize the SEPA Checklist based on City comments, and provide to
the City's Community Development Department for review, publication, and decision
components.
8.4 Prepare and submit documents for Critical Areas Ordinance (CAO) compliance. CAO compliance
is anticipated for work adjacent to the Puget Sound and within a marine environment. The
project may apply for an exemption to the CAO, which will be discussed with City staff during
the pre -application meeting.
8.5 Prepare a Site Development and Land Development Activity Permit (SDP/LDAP) and coordinate
with City Public Works staff to review and comment on the application before submittal.
Finalize the SDP/LDAP application with City staff comments and submit to the City's Community
Development Department.
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Docusign Envelope ID: A6FE889D-CD1C-45AF-964C-41B61FE6E3A0
City of Port Orchard
Bay Street Lift Station
Exhibit A
Scope of Work
8.6 Prepare an Engineered Drainage Report (EDR)/Stormwater Pollution Prevention Plan (SWPPP).
Coordinate with City Public Works staff to review and comment on the SWPPP prior to
submittal. Finalize the SWPPP with City staff comments and submit to the City's Community
Development Department. It is anticipated that the ERD/SWPPP will be submitted with the
SDP/LDAP.
Assumptions:
• Permitting is assumed to be primarily through the City and Ecology.
• No Kitsap County permits are anticipated.
• The City will pay for all permitting fees directly.
• The CUP hearing will only require one (1) meeting and one (1) day of travel for two (2) RH2
staff.
• The approved permit applications will be incorporated into bidding and construction
documents.
• Acceptance of the permit applications by the applicable agencies is beyond the control of RH2
and the City, and no date is warranted or implied for agency response or approval.
• The project will require a Site Development Permit (SDP), Land Development Activity Permit
(LDAP), Engineered Drainage Report (EDR)/Stormwater Pollution Prevention Plan (SWPPP)
and a Commercial Building Permit (CBP). These permits are typically applied for at the 90%
level for construction of the improvements. These permits will not be applied for as part of
this project as this project is anticipated to be shelved at 90% design for an unknown number
of years until development in the area necessitates the replacement of the lift station.
Provided by City:
• Payment for all permit fees and publication costs.
• Attendance at pre -application meeting.
• Assistance with permit submittals and coordination through the Community Development
Department.
• Assistance with agency coordination and facilitation through state agencies.
• Coordination with local newspaper for SEPA and NOI publications.
RH2 Deliverables:
• Attendance of up to three (3) RH2 staff at the pre -application meeting.
• Application, questions, and meeting minutes for the pre -application meeting.
• Attendance of up to two (2) RH2 staff members at the public hearing.
• SEPA Checklist.
• CUP application.
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City of Port Orchard
Bay Street Lift Station
• CAO compliance documentation.
• SDP/LDAP application.
• EDR/SWPPP.
Exhibit A
Scope of Work
Task 9 — 60-Percent Design
Objective: Develop 60-percent design plans, technical specifications, and OPCC based on decisions
made during the 30-percent design phase.
Approach:
9.1 Prepare 60-percent standard plans.
9.2 Prepare 60-percent site plans, traffic control plans, TESC plan, and details.
9.3 Prepare 60-percent mechanical plans and elevation. Develop mechanical details sheet.
9.4 Prepare temporary bypass details.
9.5 Prepare structural calculations. Provide an internal quality assurance and quality control
(QA/QC) review of the structural calculations. Make recommended updates and additions to
calculations per QA/QC review comments. Prepare and format calculations with supporting
documents.
9.6 Develop 60-percent structural plans and details.
9.7 Prepare 60-percent electrical and telemetry plans. Create electrical details and control logic
diagram sheets.
9.8 Prepare City standard details sheets.
9.9 Prepare 60-percent technical specifications. Technical specifications will be in RH2's modified
Construction Specifications Institute (CSI) format.
9.10 Prepare 60-percent design level OPCC.
9.11 Develop connection to existing piping details and miscellaneous sewer lift station details.
9.12 Perform internal QA/QC review on the 60-percent design plans and technical specifications.
Incorporate internal review comments into the plans and specifications.
9.13 Update property acquisition exhibits prepared in Task 2.
9.14 Submit 60-percent plans, technical specifications, and OPCC to City staff for review. Attend one
(1) meeting with City staff to review 60-percent design documents.
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City of Port Orchard Exhibit A
Bay Street Lift Station Scope of Work
Assumptions:
• Design plans will include details to reduce traffic and pedestrian impacts and limit restoration
of landscaping to the extent possible.
• The structure is assumed to be a below grade, cast -in -place concrete structure with no above
grade elements.
Provided by City:
• Review comments on 60-percent design plans, technical specifications, and OPCC.
• Attendance at 60-percent design review meeting.
RH2 Deliverables:
• Updated exhibits for property acquisition.
• Structural calculations for proposed structural improvements.
• 60-percent design plans, technical specifications, and OPCC.
• Attendance at 60-percent design review meeting.
Task 10 — 90-Percent Design
Objective: Develop 90-percent design plans, construction contract documents, technical
specifications, and OPCC. The comments developed during the 60-percent review process will be
addressed. It is anticipated that 90-percent review comments will be constrained to details that were
developed subsequent to the 60-percent review submittal, or that were revised or unresolved during
the 60-percent review process.
Approach:
10.1 Incorporate the City's comments from the 60-percent design review meeting into the design
plans. Advance the design plans to the 90-percent design level.
10.2 Incorporate the City's comments on the 60-percent technical specifications and advance to
the 90-percent design level.
10.3 Update and revise the OPCC based on the 90-percent design.
10.4 Perform internal QA/QC review on the 90-percent design plans and technical specifications.
Incorporate internal review comments into the plans and specifications.
10.5 Finalize property acquisition exhibits prepared in Task 2.
10.6 Submit 90-percent plans, construction contract documents, technical specifications, and OPCC
to City staff for review. Attend one (1) meeting with City staff to review 90-percent design.
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City of Port Orchard
Bay Street Lift Station
Assumptions:
Exhibit A
Scope of Work
• Supervisory control and data acquisition (SCADA) programming and testing needed during
construction will be performed by the City's contracted SCADA programmer, Technical
Services, Inc.
• It is assumed that bid -ready design and services during bidding and construction will be
prepared in a future phase.
• The structure is assumed to be a below grade, cast -in -place concrete structure with no above
grade elements.
Provided by City:
• Standard front-end construction contract forms and general provisions in Word format.
• Review comments on 90-percent design plans, construction contract documents, technical
specifications, and OPCC.
• Attendance at 90-percent design review meeting.
RH2 Deliverables:
• Final updated exhibits for acquisition.
• 90-percent design plans, technical specifications, and OPCC.
• Attendance at 90-percent design review meeting.
Project Schedule
RH2 is prepared to commence with the work upon written authorization from the City and
90-percent design documents are anticipated to be delivered by December 2025.
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EXHIBIT B & C
Rates for Services to be Provided by Consultant. The Consultant shall furnish the services in accordance
with the rates specified below or attached hereto, as Exhibit B.
City of Port Orchard and RH2 Engineering, Inc.
Public Works Project: Services for Bay Street Lift Station Project
Updated 41202216DR
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Docasign Envelope ID: A6FE889D.CD1C45AF-964C41B6[FE6E3AC
EXHIBIT B
Fee Estimate
City of Port Orchard
Bay Street Lift Station
Nov-24
Total Total Labor Total Subconsultant Total Expense Total Cost
Description Hours
T-1,1 Project Management
122
$ 31,159
$ -
$ 1,373
$ 32,532
1.1
Provide direction, coordination, and oversight to RI-12 team
12
$ 3,120
$
$ 88
$ 3,208
1.2
Prepare for and attend progress meetings
36
$ 9,747
$ -
$ 309
$ 10,056
1.3
Prepare for and attend City Utility Committee meeting
20
$ 4,896
$ -
$ 366
$ 5,262
1.4
Prepare for and attend City Council study session
20
$ 4,896
$
$ 366
$ 5,262
1.5
Coordinate with City and provide PWTF loan support
8
$ 2,080
$ -
$ 62
$ 2,142
1.6
Prepare and submit monthly invoices
16
$ 3,820
$ -
$ 106
$ 3,926
1.7
Create, maintain, and update design schedule
30
$ 2,600
$ -
$ 75
$ 2,675
Task 2 Data Collection and Preliminary Site Survey
1 72
1 $ 28,864
$ 1,150
1$ 924
S 20,938
2.1
Review existing background information
18
$ 4,794
$ -
$ 213
$ 5,007
2.2
Coordinate and attend field visit with property ownen
$ 202
$ 5,140
2.3
Pertorm site ts at potential lift station sites
12
S 2,892
$ -
$ 260
$ 3,152
2.4
Support the City with preliminary property acquisition
24
$ 6,240
$ 1,150
$ 249
$ 7,639
Task3 GeotecIm Ex loration
88
$ 23,044
$ 12,650
S 811
$ 36,505
3.1
Perform geotechnical engineering investigation
12
$ 3,348
$
$ 94
$ 3,442
3.2
Subcontract with drilling company to perform borings
24
$ 6,286
$ 12,650
$ 369
$ 19,305
3.3
Prepare geologic engineering report
52
S 13,410
$ -
$ 348
$ 13,758
7ask4 Cultural Resources Re ort and Monit"
n 6 $ 1,226 $ 11,500 $ 41 S 12,767
4.1 Coordinate with CRC to evaluate cultural resources 6 $ 1,226 $ 11,500 $ 41 $ 12,767
Task 5 Site Selection and Lift Station Configuration Alternatives Analysis
135
$ 34,199
$ -
$ 1706
$ 35,894
5.1
Evaluate existing lift station flow rates and pressures
30
$ 2,600
$ -
$ 130
5 2,730
5.2
Determine basin size and flow projections
10
$ 2,600
$ -
$ 130
$ 2,730
5.3
Provide pressure data logger and observe pressures
10
$ 2,600
$
$ 171
$ 2,771
5A
Perform wet well/pump drawdown tests
7
$ 1,820
$ -
$ 83
$ 1,903
5.5
Develop system head curves for flow conditions
11
$ 2,903
$ -
$ 138
$ 3,041
5.5
Evaluate pumping alternatives
10
$ 2,600
$ -
$ 130
$ 2,730
5.7
Prepare preliminary engineering report
48
$ 11,984
$
$ 477
$ 12,461
5.8
Attend workshop to discuss improvement
8
$ 2,080
$ -
$ 110
$ 2,250
5.9
Finalize preliminary engineering report
21
$ 5,001
$
$ 275
$ 5,276
Phase 2 - Lift Station Design
7askis To o re hic S nasy
47
1 $ 10,670 1
$ 19,5501
$ 1,089
$ 31,309
6.1
Coordinate with Sins & Hill to provide survey
4
$ 706
$ 17,250
$ 28
$ 17,984
6.2
Prepare base map and perform site visit
16
$ 3,704
$ -
$ 431
$ 4,135
6.3
Coordinate utility potholes
21
$ 4,952
$ -
$ 502
$ 5,354
6.4
I Incorporate potholing data into base map
6
$ 1,409
$ 2,3D0
$ 128
$ 3,836
Task 30-Percent Design
246
S 57124
S -
S 4,930
$ 62,054
7.1
Summarize design criteria and attend review meeting
5
$ 1,300
$
$ 72
$ 1,372
7.2
Perform hydraulic analyses
11
$ 2,903
$ -
$ 138
$ 3,041
7.3
Create cover sheet and general notes sheet
7
$ 1,668
$ -
$ 135
$ 1,803
7.4
Develop preliminary site, TESL, grading, and access plans
26
$ 6,152
$ -
$ 522
$ 6,674
7.5
Develop landscaping plans
11
$ 2,556
$ -
$ 239
$ 2,795
7.6
Develop preliminary structural layout plans
39
$ 8,226
$ -
$ 876
$ 9,102
7.7
Develop preliminary mechanical plans
26
$ 6,152
$ -
$ 522
$ 6,674
7.8
Develop preliminary electrical, generator, and control plans
1 56
1 $ 12,104
$ -
$ 1,221
$ 13,325
7.9
Develop preliminary cathodic protection design, prepare technical memorandum
20
$ 5,2%
$ -
$ 221
$ 5,511
7.10
Develop preliminary traffic control plans
13
$ 3,076
$ -
$ 252
7.11
Prepare 30-percent design level OPCC
20
$ 4,733
1 $ -
$ 404
$ 5,137
7.12
Submit 30-percent documents to City and attend review meeting
12
$ 2,968
$ -
$ 325
$ 3,293
TaskB Permitting
202
S 24956
$
$ 624
$ 25,580
8.1
Preparefor and attend pre -application meeting with City staff
14
$ 3,436
$
$ 86
$ 3,522
.2
Prepare a CUP application and attend public hearing
26
$ 6,352
$ -
$ 159
$ 6,511
.3
Prepare SEPA Checklist
26
$ 6,352
$ -
$ 159
S 6,511
.4
]8.5
Prepare and submit document for CAO compliance
26
$ 6,352
$ -
$ 159
$ 6,511
Prepare and submit SDP/LCAP
30
$ 2,464
$ -
$ 62
$ 2,526
Task 60-Percent Desi n
305
$ 69467
S 1,150
$ 6,624
$ 77,241
9.1
Prepare 60-percent standard plans
11
$ 2,556
$ -
$ 434
$ 2,990
9.2
Prepare 60-percent site, traffic control, and TESL plans and details
11
$ 2,556
$ -
$ 239
$ 2,795
9.3
Prepare 6D-percent mechanical plans and elevation
29
$ 6,628
$ -
$ 671
$ 7,299
9.4
Prepare temporary bypass details
11
$ 2,556
$ -
$ 239
$ 2,795
9.5
Prepare structural calculations
26
$ 5,616
$ -
$ 563
$ 6,179
9.6
Develop 6G-percent structural plans and details
44
$ 9,076
$ -
$ 1,035
$ 16,111
9.7
Prepare 60-percent electrical and telemetry plans
69
$ 14,973
$ -
S 1,485
$ 16ASS
9.8
Prepare City standard detail sheets
5
1 $ 1,148
$ -
$ 122
$ 1,270
9.9
Prepare 60-percent technical specifications
46
1 $ 11,222
$ -
$ 721
$ 11,943
9.10
1 Prepare 6D-percent design level OPCC
15
$ 3,444
$ -
$ 317
$ 3,761
1
Develo connection to existing piping details
7
$ 1,668
$ -
$ 135
$ 1,803
'2
9.12
Pertorm internal QA/QC and incorporate review comments
15
S 4,092
$
$ 185
$ 4,277
9.13
Update property acquisition exhibits prepared under Task 2.
4
$ 964
$ 11150
$ 80
$ 2,194
9.14
Submit 60-percent design to City and attend review meeting
12
$ 2,968
$ -
$ 398
$ 3,366
Task 10 90-Percent Design
153
$ 35,795
1 $ 1,150
1 $ 3,OD4
$ 39,949
10.1
Incorporate City comments and advance design plans to 90 percent
68
$ 15,592
$ -
$ 1,363
$ 16,955
10.2
Incorporate City comments on technical specifications and advance to 90 percent
36
$ 7,830
$ -
5 591
$ 8,421
10.3
Update and revise OPCC based on 9D-percent design
11
$ 2,621
$ -
$ 213
$ 2,834
10A
Perform internal QA/QC review and incorporate internal review comments
27
$ 7,120
$ -
$ 408
$ 7,528
10.5
Finalize property acquisition exhibits prepared under Task 2.
4
$ 964
$ 11150
$ 90
$ 2,204
10.6 1Submit 9G-percent design to City and attend review meeting 7 15 1,bb8 1 5 - 1 7 338 15 2,Uub
PROJECTTOTAL 1276 1 $ 306,493 1 $ 47,150 1 $ 21,125 1$ 375,000
,�oa�,t�o�a,.oe.tmrax:s_POM-» Ftt_aarsn-unsrarbn
Docusign Envelope ID: A6FE889D-CD1C-45AF-964C-41B61FE6E3A0
EXHIBIT C
RH2 ENGINEERING, INC.
2025 SCHEDULE OF RATES AND CHARGES
RATE LIST
RATE
UNIT
Professional
$180
$/hr
Professional II
$199
$/hr
Professional III
$222
$/hr
Professional IV
$243
$/hr
Professional V
$260
$/hr
Professional VI
$279
$/hr
Professional VII
$303
$/hr
Professional VIII
$327
$/hr
Professional IX
$336
$/hr
Technician 1
$142
$/hr
Technician 11
$155
$/hr
Technician III
$176
$/hr
Technician IV
$188
$/hr
Technician V
$207
$/hr
Technician VI
$225
$/hr
Technician VII
$244
$/hr
Technician VI11
$257
$/hr
Administrative 1
$93
$/hr
Administrative II
$108
$/hr
Administrative III
$131
$/hr
Administrative IV
$155
$/hr
Administrative V
$175
$/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 1V
$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
Night Work
10.00%
%of Direct Labor
Mileage
$0.6700
price per mile
(or Current IRS Rate)
Subconsultants
15%
Cost +
Outside Services
at cost
Rates listed are adjusted annually. Page 29
Docusign Envelope ID: A6FE889D-CD1C-45AF-964C-41B61FE6E3A0
APPENDIX A
During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in
interest agrees to comply with the following non-discrimination statutes and authorities; including
but not limited to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal -aid
recipients, sub- recipients and contractors, whether such programs or activities are Federally
funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high
and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
City of Port Orchard and RH2 Engineering, Inc.
Public Works Project: Services for Bay Street Lift Station Project
Updated 01= IBDR
Page 30
Docusign Envelope ID: A6FE889D-CD1 C-45AF-964C-41 B61 FE6E3A0
discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI,
you must take reasonable steps to -ensure that LEP persons have meaningful access to your
programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
City of Port Orchard and RH2 Engineering, Inc.
Public Works Project: Services for Bay Street Lift Station Project
Updated 412022 IRDR
Page 31