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HomeMy WebLinkAbout2019-03-19 - Pacific Engineering and Design - General Agreements / General Service Agreements - 2019-02Professional Services Contract Between The City of East Wenatchee And Pacific Engineering and Design For Professional Engineering Services for the Design of the 2019 19' Street NW/Cascade Ave Corridor Green Retrofit and LID Stormwater Facility Design Project (No. 2019-02) Professional Engineering Services for the Design of the 2019 191h Street NW/Cascade Ave Corridor Green Retrofit and LID Stormwater Facility Design Project (No. 2019-02) Page 1 of 10 1. Washington Law governs the interpretation of this Contract. This Contract shall be interpreted, construed, and enforced in all respects in accordance with the laws of the State of Washington. 2. Parties. The Parties to this agreement ("Agreement") are the City of East Wenatchee ("City") and Pacific Engineering and Design ("Consultant"). In consideration of the terms, conditions, covenants, and performance of the scope of work contained herein, as attached and made a part hereof, the City and Consultant mutually agree as follows: 3. Scope of work. Consultant shall provide the services specified below. These services shall be termed "work" herein. Consultant shall perform the following services that: a. See Exhibit A 4. Term of Contract. The effective date of this contract begins upon execution. This contract expires on June 30, 2021. The City may terminate this Contract without cause upon written notice. Work in progress will be paid, on a prorated basis to the date ordered to stop. If Contractor terminates this contract without any breach of the contract by the City, Contractor will pay the City $3,000.00 as liquidated damages. 5. Compensation. a. Total Compensation. The City shall pay $233,500 for performing the work set forth in Exhibit A. b. Disputed work: If the City believes in good faith that some portion of work has not been completed satisfactorily; the City may request that Consultant correct the work before the City pays for such work. In such event, the City must reasonably explain to Consultant its concern over the work and the remedy that the City expects from Consultant. The City may withhold from any payment otherwise due an amount that the City in good faith is under dispute, or if the Consultant does not provide a sufficient remedy, the City may retain the amount equal to the cost to the City for otherwise correcting or remedying the work not properly completed. c. Method of Payment. Consultant shall submit a monthly invoice for compensation. The monthly invoice shall contain a detailed description of the work performed during the month, the number of hours spent performing such work, and any reimbursable costs and expenses incurred in connection with such work. d. Invoices. Consultant shall submit invoices to the following address: The City of East Wenatchee 271 Ninth St. NE Professional Engineering Services for the Design of the 2019 19th Street NW/Cascade Ave Corridor Green Retrofit and LID Stormwater Facility Design Project (No. 2019-02) Page 2 of 10 East Wenatchee, WA 98802 Attention: Amber Schulz 6. Representations. Consultant represents and warrants that he/she/it has the requisite training, skill and experience necessary to provide work and is appropriately accredited and licensed by all applicable agencies and governmental entities. 7. Independent Contractor. The parties intend and understand that Consultant shall be an independent contractor. The parties further intend and understand that the City shall be neither liable for, nor obligated to pay: sick leave, vacation pay, social security or other tax that may arise as an incident of employment, or any other benefit of employment. Consultant shall pay all income and other taxes as due. Any industrial or other insurance purchased for the benefit of the Consultant shall not convert this Contract to any type of employment contract. The Parties recognize that Consultant may or will be performing professional work during the term for other parties and that the City is not the exclusive user of the work that Consultant will provide. 8. Property and Confidential Information. Consultant shall not, without the prior written consent of the City, disclose to third parties information that is not otherwise subject to public disclosure unless: a. The information is known to Consultant prior to receiving the same directly or indirectly in connection with the work; b. The information is in the public domain at the time of disclosure by Consultant; or C. The information is received by Consultant from a third parry who does not have an obligation to keep the same confidential. 9. Indemnification. Consultant releases and shall indemnify and hold harmless the City, its elected officials, officers, employees, agents and volunteers for any and all claims, demands, losses, negligent acts or omissions, and liabilities (including costs and all attorney's fees) to or by any and all persons and entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Contract to the extent caused by the negligent acts, errors or omissions of Consultant, its partners, shareholders, agents, employees, or by the Consultant's breach of this Contract. To the maximum extent permitted by applicable law, this shall apply. However, this shall not require Consultant to indemnify the City against any liability for damages arising out of bodily injury or property damages caused by or resulting from negligence of the City. the City shall protect, defend and indemnify and save harmless the Consultant, its representatives and other employees all costs, claims, judgments or awards of damages arising out of the negligent acts or omissions of the City, its officers or employees. Further, in the case of concurrent negligence of Professional Engineering Services for the Design of the 2019 19th Street NW/Cascade Ave Corridor Green Retrofit and LID Stormwater Facility Design Project (No. 2019-02) Page 3 of 10 Consultant on the one hand and the City on the other hand, each party shall be required to indemnify the other only to the extent of the negligence of the parry. Consultant releases and shall defend, indemnify and hold harmless the City from and against all claims, cost, liabilities, damages, expenses (including but not limited to reasonable attorney fees) and royalties based upon any actual or alleged infringement or misappropriate of any patent, copyright, trade secret, trademark, or other intellectual property right by any work. Further, if any work infringes or misappropriates any patent, copyright, trade secret, trademark or other intellectual property right, Consultant shall either (a) procure for the City the right to use such work; or (b) modify work so that it no longer infringes or misappropriates any such right. 10. Work Product. All work product, including records, files, documents, plans, computer disks, magnetic media or material which may be produced or modified by Consultant while performing work shall belong to the City. At the termination of this Contract, Consultant shall deliver copies of files containing the written record of Consultant's work. Until at least 12 months following final payment, Consultant shall provide the City prompt access to (and the City shall have the right to examine, audit and copy) all of Consultant's books, documents, papers and records related to the work. 11. Evaluation and Monitoring. Consultant shall control and direct the performance of the work of Consultant pursuant to this Contract, subject to oversight by the City. The Mayor, or his designee, will oversee Consultant's work. The City reserves the right to inspect, review and approve the work of Consultant to assure that it has been completed as specified, before payment. Consultant shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the City that are pertinent to the intent of this Agreement. 12. Insurance. Consultant shall provide Professional Errors and Omissions Liability insurance which shall provide coverage for any negligent professional acts, errors or omissions for which Consultant is legally responsible, with limits of not less than $1,000,000.00 each occurrence. Consultantshall furnish a certificate of insurance to the CITY at the time of execution of this agreement. 13. Non -Discrimination. During the performance of this contract, Consultant, for itself, its assigns and successors in interest agree as follows: a. Compliance with Regulations. Consultant shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the United States Department of Transportation ("USDOT"), Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time. b. Nondiscrimination. With regard to the work performed by Consultant, Consultant shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations. Professional Engineering Services for the Design of the 2019 19tb Street NW/Cascade Ave Corridor Green Retrofit and LID Stormwater Facility Design Project (No. 2019-02) Page 4 of 10 C. Information and Reports. Consultant shall provide all information reports required by the Regulations or directives issued pursuant thereto, and shall permit access to his books, records, counts, or other sources of information and its facilities as may be determined by the contracting agency or the appropriate Federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to WSDOT or the USDOT as appropriate, and shall set forth what efforts were made to obtain the information. d. Sanctions for noncom lip ance. In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the contracting agencies shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: i. Withholding of payments to Consultant under the contract until Consultant complies, and/or; ii. Cancellation, termination, or suspension of contract, in whole or in part. 14. General Provisions. a. Full Agreement. This Contract and all attachments form all of the covenants, promises, agreements and conditions, between the parties. All attachments and addendum are incorporated herein by this reference, and shall be a part of this contract instrument. In the event of discrepancy between the documents, addendum and attachments shall prevail over the Contract. This entire contract including all attachments specifies the working relationship between the City and Consultant and specific obligations of both parties. b. Full Force and Effect. If any provision of this Contract is declared invalid, the remaining provisions shall remain in full force and effect. C. Survivability. The obligation of Consultant under all provisions of this Agreement, which may reasonably be interpreted or construed as surviving the completion, termination, or cancellation of this Contract, shall survive the completion, termination, or cancellation of this Contract. d. Executory Contract. This Contract will be considered valid once signed by both parties. e. No Waiver. If the City fails to or delays in declaring a breach or default, the City does not waive its right to declare a breach or default. If the City fails to declare one breach or default, it is not waiving its right to declare another breach or default. Professional Engineering Services for the Design of the 2019 19th Street NW/Cascade Ave Corridor Green Retrofit and LID Stormwater Facility Design Project (No. 2019-02) Page 5 of 10 f Authori1y. Each individual executing this Contract on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of Consultant or the City. g. Performance. Time is of the essence of this Contract in each and all of its provisions in which performance is a factor. h. Remedies Cumulative. Any remedies provided for under the terms of this Contract are not intended to be exclusive, but shall be cumulative with all other remedies available at the City at law or in equity. i. Titles. The titles to the paragraphs of this Contract are solely for the convenience of the parties and are not an aid in the interpretation of the instrument. Contractor Obligation. Except as otherwise specifically provided in this Agreement, Consultant shall furnish all that may be required to provide the scope of work as described in the contract and incorporated documents, including any personnel, labor and supervision, technical, professional and other work, equipment and supplies. Details of the any supplies, equipment, or installation or same, that are necessary to carry out the intent of this Contract, but that are not expressly stated, shall be performed or furnished by Consultant as part of the Contract, without any increase in the compensation otherwise payable under this Contract. k. Binding Effect. The provisions, covenants, and conditions in this Contract apply to bind the parties, their legal heirs, representatives, successors, and assigns 1. No Gifts and Gratuities. Consultant may not offer, nor may City employees accept gifts, gratuities, loans, trips, favors, special discounts, work, or anything of economic value in conjunction with the City business practices. Consultant and the City employees must strictly adhere to the statutes and ordinances for ethics in contracting and purchasing, including the City Ethics Code, RCW 42.23 (Code of Ethics for Municipal Officers) and RCW 42.52 (Ethics in Public Service). This is applicable to any business practice, whether a contract condition, bid practice, or at any activity related to the City business. in. Conflict of Interest. Consultant represents that he does not have a business interest or close family relationship with any City officer or employee who was, is, or will be involved in the Consultant selection, negotiation, drafting, signing, administration or evaluation of the Consultant's performance. In addition, Consultant acknowledges that he will adhere to the City's policies regarding conflict of interest, the City Ethics Code, and the RCW as named previous. n. Compliance with Laws. Consultant, at his/her/its sole cost and expense, shall perform and comply with all applicable laws of the United States and the State of Professional Engineering Services for the Design of the 2019 19tb Street NW/Cascade Ave Corridor Green Retrofit and LID Stormwater Facility Design Project (No. 2019-02) Page 6 of 10 Washington; and all applicable laws, ordinances, rules, regulations, orders, and other requirements, in effect, of any governmental entity (including but not limited to such requirements as may be imposed upon the City and applicable to the Contract). Consultant shall furnish documents as may be required to effect or evidence such compliance. o. Personal Liability. The parties agree that in no event shall any official, officer, employee, or agent of the City be in any way liable or responsible for any covenant or Contract herein contained whether express or implied, nor for any statement of representation made herein or in any connection with this Contract. 15. Modification. This Agreement constitutes the entire agreement between the parties. Except with the written consent of both parties, neither party may alter or modify this Agreement. 16. Termination of Agreement. Either parry may terminate this Agreement at any time by providing written notice of such termination, specifying the effective date thereof at least thirty days prior to such date. In such event the City shall pay Consultant all amounts due for all work previously authorized and performed prior to the date of termination. In the event of termination, Consultant agrees to cooperate reasonably with any service provider thereafter retained by the City in making available information developed as the result of work previously performed by the Consultant. If no notice of termination is given, all relationships and obligations created by this Agreement, shall terminate at the conclusion of the Agreement period set out in Paragraph 3. 17. Venue. The venue for any legal dispute regarding this Agreement shall be Douglas County Superior Court. 18. Dispute Resolution. The parties mutually intend to establish procedures to facilitate the informal and inexpensive resolution of all disputes arising under this Agreement, by mutual cooperation and without resort to litigation. Accordingly, all disputes involving this transaction, or between the parties hereto with respect to the subject matter hereof, shall be resolved in a final and binding manner in accordance with the following procedures. Whether or not mediation/arbitration is under way, any party may have full access to the courts to compel compliance with the provisions of this Article and to enforce or confirm an arbitration award. a. Negotiation. The parties shall first attempt to negotiate a mutually -satisfactory resolution to the dispute as follows: i. The complaining party shall notify (in the manner required in this Agreement) the other parties of the alleged dispute, controversy, claim or breach of contract (hereinafter "Dispute') by explaining in writing the nature of the Dispute, and referring to the relevant paragraphs of this Agreement upon which it bases its position regarding the Dispute. The complaining party shall also set forth in such notice a proposed solution to the Dispute; Professional Engineering Services for the Design of the 2019 19th Street NW/Cascade Ave Corridor Green Retrofit and LID Stormwater Facility Design Project (No. 2019-02) Page 7 of 10 ii. The parties receiving such notice shall respond by notice individually to the complaining party within twenty (20) days of the effective date of the complaining party's notice, with an explanation of its defensive position, if any, including references to the relevant paragraphs of the Agreement and a response to the proposed solution; and iii. Within twenty days following notice of this defensive response, the parties shall meet and discuss options for resolving the Dispute; the complaining party must initiate the scheduling of this resolution meeting. In the event a party fails to cooperate in scheduling the resolution meeting, then the complaining party may elect to skip the negotiation and mediation procedures and immediately proceed with arbitration. b. Mediation. If the parties are unable to satisfactorily resolve the Dispute through such negotiation, mediation must be held within thirty days of an unsuccessful resolution meeting. The mediation will be governed by and under the then - applicable rules of JAMS/Endispute ("JAMS") in Chelan County. The complaining party must contact JAMS to schedule the mediation. The parties may agree on a mediator from the JAMS panel. If they are unable to agree, the parties shall request JAMS to provide a list of three available mediators, and each side shall strike one; the remaining individual shall serve as the mediator. In the event a party fails to cooperate in this mediation process in a timely manner, then the complaining party may elect to skip the mediation procedure and immediately proceed with arbitration. C. Binding Arbitration. If the dispute is not timely settled by mediation as set forth above, then the parties agree to submit the dispute immediately to JAMS for final and binding arbitration as follows: i. A single arbitrator shall be used. The parties may agree on an arbitrator from the JAMS panel. The complaining party may initiate arbitration by providing notice of intent to arbitrate to all parties and to JAMS: The notice must contain a description of the Dispute, the amount involved, and the remedy sought. If the parties are unable to agree on an arbitrator, the parties shall request JAMS to provide a list of three available panel members and each party may strike one; the remaining individual shall serve as the arbitrator. If the parties agree, the individual that served as the mediator may serve as the arbitrator. ii. If and when such a demand for arbitration is made by any party, the parties agree to promptly conduct the arbitration in accordance with JAMS Rules and Procedures. iii. The parties agree that arbitration must be initiated within one (1) year after the latter of (i) the occurrence of the claimed breach, or (ii) the discovery Professional Engineering Services for the Design of the 2019 19th Street NW/Cascade Ave Corridor Green Retrofit and LID Stormwater Facility Design Project (No. 2019-02) Page 8of10 thereof by the complaining parry; and that the failure to initiate dispute resolution in accordance with this Section within that one-year period shall constitute an absolute bar to the institution of any adjudicatory proceedings with respect thereto, unless the parties agree otherwise in writing to extend such period of time. iv. Provided, however, that such arbitration shall not apply so as to delay or prevent any judicial or arbitrator's injunctive or other equitable relief hereunder, which shall be effective immediately, subject to the requisite final and binding arbitration with respect thereto which shall be handled concurrently or after such relief is granted. The arbitrator shall not have the power to award exemplary or punitive damages. V. The arbitrator shall have exclusive authority to enter a decision adjudicating the Dispute, or granting other affirmative relief, including an award for damages, other affirmative relief, specific performance and injunctive relief, provided that a parry may petition the court for enforcement of confirmation of any award if necessary. vi. Any decision or award entered by the arbitrator may be entered on an ex- parte basis. 19. Attorney's Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the substantially prevailing party shall be entitled to recover reasonable attorney's fees and other costs incurred in that action, arbitration or proceeding. 20. Severability. If a competent court of law determines any section or portion of this Agreement to be unlawful, such determination shall not affect the remaining terms and conditions of the Agreement. 21. Non -waiver. Waiver of any default or breach of this agreement shall not be deemed to be a waiver of any other prior or subsequent default or breach and shall not be construed to be a modification of the terms of this agreement unless stated to be such through written agreement of the signatories hereto. Professional Engineering Services for the Design of the 2019 19th Street NW/Cascade Ave Corridor Green Retrofit and LID Stormwater Facility Design Project (No. 2019-02) Page 9 of 10 CITY OF EAST WENTCHEE: PACIFIC ENGINEERING AND DESIGN: Signature: Signature: / Steven C. Lacy, May d. RyayBrownlee, PE, Senior Civil Engineer Date: ,/c el-/Z06 ATTEST: By: C/ "M Cam Date: Federal Employee ID No.: Professional Engineering Services for the Design of the 2019 19th Street NW/Cascade Ave Corridor Green Retrofit and LID Stormwater Facility Design Project (No. 2019-02) Page 10 of 10 Exhibit A �`�BRaT," PACIFIC �OK5 O(:p ENGINEERING `..m February 20, 2019 Revised March 4, 2019 Tom Wachholder, Project Development Manager City of East Wenatchee 271 9th Street NE East Wenatchee, WA 98802 PROJECT: 19th Street and Cascade Avenue Corridor Green Retrofit and LID Stormwater Facility Design Project, East Wenatchee WA Project No. 19025CA SUBJECT: Civil Engineering Fee Proposal Mr. Wachholder, Thank you for the opportunity to provide civil engineering services for the 19th Street and Cascade Avenue Corridor Green Retrofit and LID Stormwater Facility Design Project. Pacific Engineering & Design (Pacific) will provide the following services. PROJECT UNDERSTANDING The City of East Wenatchee is implementing stormwater improvements along 19th Street and NW Cascade Avenue in East Wenatchee and Douglas County. Improvements generally consist of the following elements: 1. Widen streets to urban collector standard. a. 19th Street ±1,100 LF b. Cascade Avenue ±1,000 LF 2. Curb, gutter, sidewalk, driveways and stormwater management. 3. Selected stormwater runoff treatment Best Management Practices (BMPs). A primary objective is to construct a regional stormwater runoff treatment facility (regional facility) utilizing a 1.17 acre parcel (22200310007) near the intersection of 19th Street and NW Cascade Avenue. The tributary basin will include the project footprint (both 19th Street and NW Cascade Avenue) and a yet to be defined portion of the adjacent Sand Canyon sub -basin. The facility performance standard will be the City adopted water quality storm event. Priority will be given to incorporation of low impact development principals at the regional facility and at other locations within the project limits. The regional facility may be highly visible, and an opportunity is recognized by the City to incorporate an interpretive feature such as a kiosk, placard or sign. We also recognize that there may be a range of feasible alternatives with various complexities or challenges; therefore, a phased approach to permitting and construction will be explored if sufficient benefits may be realized. Tom Wachholder Civil Engineering Fee Proposal February 20, 2019 Revised March 4, 2019 Concepts related to these improvements have been described in prior studies, including CIP Project #2 and #4 of the Greater East Wenatchee Stormwater Utility Comprehensive Stormwater Plan. Additional improvements may be necessary beyond those previously identified to ensure that flows greater than the runoff treatment event remain within their current drainage courses (e.g. overflow Sand Canyon drainage). The work will include preparation of construction documents and associated permitting necessary for bid advertisement, and will be completed via the following scope of work. SUBCONTRACTORS Pacific intends to subcontract portions of the work to the following firms: 1. Cultural Resources Consultants (CRC) • Cultural Resources Assessment and Incidental Discovery Plan 2. Grette Associates, LLC (Grette) • Environmental and Land Use Permitting 3. Aspect Consulting, LLC (Aspect) • Geotechnical Engineering • Critical Aquifer Recharge Assessment 4. 48-Degrees North • Survey SCOPE OF WORK TASK 1 - PROJECT FEASIBILITY AND DESIGN CRITERIA OBJECTIVE The objective of this task is to identify fatal flaws (if any) and obtain background information necessary to establish project design criteria and constraints. APPROACH This task will commence in conjunction with Task 2 — Permitting. The initial effort will seek to determine whether there are fatal flaws with the project as proposed. This will be accomplished as early as possible. Presuming there are no fatal flaws, design may progress using existing readily available information to the maximum extent possible. Readily available as built records, prior studies including stormwater reports, water quality data, etc. will be collected and analyzed. Supplemental information will be collected including topographic survey, geotechnical investigation, hydrogeologic characterization and cultural resources investigation. Utility and environmental constraints will be identified, and preliminary design criteria developed. Ecology grant funding requirements will be identified. Solutions will be proposed to mitigate any risks that are identified. Project No. 19025CA Page 2 of 9 Tom Wachholder Civil Engineering Fee Proposal February 20, 2019 Revised March 4, 2019 DATA COLLECTION Existing research: 1. Road as-builts 2. Stormwater as-builts 3. Utility as-builts a. Water (EWWD) b. Sewer (DCSD) c. Gas (Cascade Natural Gas) d. Power and communications (Douglas County PUD, Charter, Frontier, etc.) e. Irrigation (within r/w) 4. FERC flowage easement boundary (Chelan County PUD) 5. Topography such as lidar, etc. CRITICAL PATH ANALYSIS 1. Cultural Resources Survey and Inadvertent Discovery Protocol 2. Wetlands characterization / delineation, and shoreline OHWM delineation 3. Critical aquifer recharge assessment a. 191h Street Wellfield (EWWD / Wenatchee Regional System) FOLLOW-UP ANALYSIS 1. Geotechnical Investigation b. Establishment of infiltration rates c. Cut/fill slope recommendations d. Gravity retaining wall design criteria e. Pavement section review of adopted standards BASE MAP 1. Survey a. Topography b. Utilities c. Right-of-way: 19th Street NW and NW Cascade Avenue d. Parcel Boundary: 22200310007 e. Wetland limits and shoreline OHWM f. Wellheads, i.e. 19th Street Wellfield g. Borings/test pits 2. As -built Information 3. Basin Limits a. Delineate regional facility tributary basin and the following sub -basins: i. West of intersection of Sand Canyon and 19th Street ii. East of intersection of Sand Canyon and 191h Street including Cascade Avenue project limits. Project No. 19025CA Page 3 of 9 Tom Wachholder Civil Engineering Fee Proposal February 20, 2019 Revised March 4, 2019 DESIGN CRITERIA 1. Stormwater Management a. Performance Standards i. Define runoff treatment, flow control, and conveyance performance standards. ii. Document precipitation distribution, depths, and associated event return intervals. Select a model methodology (SCS or SBUH). b. Document natural drainage patterns and manmade infrastructure inventory. c. Determine Pollutant Treatment Thresholds. i. TSS (basic) ii. Metals iii. Oils 2. Roadways a. Define functional classification(s), roadway standard(s), driveway criteria, and ADA requirements. b. Evaluate curve at intersection of 19th Street and Cascade Avenue. 3. Constraints a. Define physical constraints from the as-builts, field survey, geotechnical investigation, environmental jurisdictions and buffers, and utilities. b. Define legal constraints from the field survey, wetland and buffer delineation, critical aquifer recharge assessment, zoning setbacks, and boundaries including FERC, r/w and the parcel property limits. DELIVERABLES 1. Cultural Resources Survey, Including Inadvertent Discovery Plan 2. Wetland Report 3. Critical Aquifer Recharge Assessment Report 4. Geotechnical Report 5. Project Basemap 6. Design Criteria Memorandum TASK 2 - PERMITTING OBJECTIVE The objective of this task is to facilitate permitting of the improvements including meeting with environmental jurisdictional authorities, preparing permit applications and associated support documents, and coordination as required to facilitate permitting process. APPROACH This task will commence in conjunction with Task 1 Project Feasibility and Design Criteria (above). Initial effort will include conducting pre -application meetings with regulatory agencies to establish jurisdictional authority and potential permitting pathway(s). Consultation with stakeholder utilities and neighboring property owners that may be impacted will also be performed. Fatal flaws (if any) will be identified early in the process. A comprehensive permitting strategy will be developed, and permit applications will be prepared. State Environmental Protection Act (SEPA) threshold determination will be performed prior to submitting permit applications. Agency coordination will occur throughout the permitting process. Project No. 19025CA Page 4 of 9 Tom Wachholder Civil Engineering Fee Proposal February 20, 2019 Revised March 4, 2019 ACTIVITIES 1. Pre -Application Meeting(s) a. City Critical Areas and Shorelines Coordination b. Regional and EWWD Water c. Chelan PUD FERC Flowage Easement and Recreation d. Ecology 401 Water Quality Certification (phone call) 2. Shoreline Permit Applications a. SEPA Checklist b. Joint Aquatic Resources Permit Application (JARPA) c. City Shoreline Substantial Development Permit d. City Shoreline Conditional Use Permit e. City Shoreline/Riparian Variance f. City Habitat Management Mitigation Plan g. Chelan PUD FERC coordination 3. Critical Area Permit Applications a. City Wetland Variance b. City Riparian Buffer Assessment c. City Habitat Management Mitigation Plan d. Chelan PUD FERC coordination 4. Ecology Design Report DELIVERABLES 1. SEPA Checklist 2. Joint Aquatics Resource Permit Application (JARPA) 3. Shoreline Substantial Development Permit (SSDP) Application 4. Shorelines Conditional Use Permit (SCUP) Application 5. Wetland Variance Application 6. Riparian Buffer Assessment 7. Habitat Management Mitigation Plan 8. Ecology Design Report TASK 3 - DESIGN DEVELOPMENT OBJECTIVE The objective of this task is to progress the design to the extent necessary to facilitate public outreach, construction cost estimating, right-of-way acquisition and construction funding applications. APPROACH This task will provide the preliminary configuration of all project infrastructure. Roadway improvements will depict an appropriate cross section and plan elements including curb, gutter, sidewalk, ramps, driveways and grading, i.e. foreslope and backslope limits. Stormwater BMPs will be evaluated and selected for each target location(s), i.e. whether at the source (roadway) or at the regional facility. All BMPs evaluated will be subjected to a thorough analysis with respect to the completed studies, climate (cold weather) and Region 2 suitability, footprint, O&M costs, capital costs, target pollutant effectiveness, dual treatment capability (water quality and runoff control), effective life, and slope limitations. Preliminary hydrologic and hydraulic modeling will be conducted to size the collection and conveyance network BMPs and regional facility discharge. The runoff treatment capacity of the Project No. 19025CA Page 5 of 9 Tom Wachholder Civil Engineering Fee Proposal February 20, 2019 Revised March 4, 2019 regional facility will be used to estimate the potential extent of the upstream basin (i.e. upstream of intersection of Sand Canyon and 19th Street) that may be treated. The results of the stormwater management investigation will be documented in a drainage report. A local public outreach effort will immediately be conducted following completion of the Task 3 deliverables to inform landowners and residents within the vicinity of the project. Potential need for right-of-way acquisition will be identified; however, acquisition of right-of-way is not included in this scope of work. ACTIVITIES 1. Progression of the following project elements will be performed: a. Roadway plan including section(s) and horizontal alignment b. Stormwater Model and Stormwater BMP Selection and Preliminary Design c. Construction Cost Estimate d. Local Public Outreach (i.e., assistance with local mailer and attendance at one open house) DELIVERABLES 1. 60% Design: a. Plans b. Construction Cost Estimate (15% Contingency) 2. Preliminary Drainage Report TASK 4 - CONSTRUCTION DOCUMENTS OBJECTIVE The objective of this task is to prepare construction documents following thorough public and agency review of the 60% design. APPROACH This task will provide 90% construction documents including plans, specifications and estimate (PS&E). Final hydrologic and hydraulic modeling will be conducted to size the collection and conveyance network BMPs and regional facility discharge. Comments from City, County and Ecology will be incorporated at appropriate stages. Prior to submittal, each deliverable will be thoroughly reviewed for quality assurance and quality control (QA/QC). ACTIVITIES 1. Design drawings will be developed generally including: a. Cover Sheet, Abbreviations and Notes, Symbol Legend, Summary of Quantities, Site Survey, Existing Site Plan, Roadway Sections, Roadway Grading and Drainage Plans and Details, Signage and Traffic Channelization Plan and Details, Regional Stormwater Facility Plan and Details, TESC Plan and Details, Temporary Traffic Control Plans b. Utility Relocation Series by Others (If Necessary) 2. Project specifications will be prepared in APWA/WSDOT local agency format including: a. General special provisions b. Amendments c. Special provisions 3. The drainage report will be finalized 4. Construction Cost Estimate will be updated. 5. Responses to Ecology Comments on various deliverables will be prepared. Project No. 19025CA Page 6 of 9 Tom Wachholder Civil Engineering Fee Proposal February 20, 2019 Revised March 4, 2019 DELIVERABLES 1. Design Drawings (Plans) 2. Project Specifications a. General special provisions b. Amendments c. Special provisions 3. Construction Cost Estimate 4. Final Drainage Report TASK 5 - FUNDING SUPPORT OBJECTIVE The objective of this task is to assist in the acquisition of funding (grants and/or loans) to construct the improvements. APPROACH It is our understanding that the City intends to pursue additional grant funding for the finalization of construction documents (100% documents), bidding and construction phases of this project. Anticipated funding sources include Washington State's Department of Ecology (Ecology) and the Transportation Improvement Board (TIB). Ecology and TIB are frequent project partners for transportation/stormwater projects. Both programs have annual application cycles that are due in the fall. ACTIVITIES 1. In person and/or phone conference meeting with grant program area manager 2. Complete grant application submittal, including: a. Program Required Form(s) b. Cost Estimate c. Design Details d. Project Area Map 3. Coordination for joint application efforts with Douglas County 4. Funding results/ranking If grant applications are unsuccessful, Pacific will conduct a project debrief with each agency, including revising/updating grant applications for resubmittal in the next funding cycle. DELIVERABLES 1. TIB Funding Application 2. Ecology Funding Application ASSUMPTIONS The following assumptions were made when developing this proposal. Deviations from these assumptions that impact cost may necessitate adjustments to the scope and fee proposal. The primary focus of stormwater analysis will be the 191h Street and Cascade Avenue corridors within the project limits. Stormwater analysis related to defining the extent of and additional upstream basin (i.e. upstream of intersection of Sand Canyon and 19th Street) will be limited to identifying general basin characteristics such as water quality flow rate and approximate associated basin size. Land cover used in the analysis will be based on assumed future land use (zoning buildout) rather than existing land use. Analysis will be performed using TR-55 procedures. Project No. 19025CA Page 7 of 9 Tom Wachholder Civil Engineering Fee Proposal February 20, 2019 Revised March 4, 2019 2. Design of utility relocation or upgrades (if necessary) will be prepared by individual utilities and incorporated into construction documents as separate attached sheets. The scope of work provided herein includes coordination of utility improvements and inclusion of design by others into the 90% construction documents. EXCLUSIONS The following are specifically excluded from this proposal. If requested, these services can be provided on a time and materials basis in accordance with the attached fee schedule. 1. Bid Documents and Bid Support 2. Plans, Specifications and Estimate Developed Beyond 90% 3. Construction Management Services 4. It is assumed that evaluation of no more than one unrecorded archaeological site or one unrecorded historic site will be required. 5. It is assumed that no more than forty-two shovel test probes will be excavated to support cultural resource investigation. 6. Records Retention of Cultural Resource Documentation for More than 1-year Permitting of new outfall below the Ordinary High Water Mark (OHWM) of the Columbia River will not be necessary. 7. Hazardous Environmental Services 8. Geotechnical Drilling 9. Design of Utility Relocation and/or Coordination of Additional Right -of -Way or Easements for Utilities 10. Ecology NPDES Construction Stormwater Permit Coverage / NOI 11. Permit Applications Beyond Those Specifically Identified 12. Biological Assessment or Environmental Impact Statement FEE PROPOSAL These services will be provided on a time and materials basis in accordance with the following schedule: DESCRIPTION FEE 1. PROJECT FEASIBLITY AND DESIGN CRITERIA $86,000.00 2. PERMITTING $28,500.00 3. DESIGN DEVELOPMENT $45,000.00 4. CONSTRUCTION DOCUMENTS $69,000.00 5. FUNDING SUPPORT $5,000.00 TOTAL $233,500.00(' 2.3) FOOTNOTES 1. The proposed fee is based on the scope of work outlined, through approval of Construction Documents. Changes in scope or additional requested items will be invoiced on a time and expense basis, in accordance with the attached fee schedule, with an estimate of additional fees to be approved before additional work commences. Work will be invoiced utilizing the fee schedule current to the year in which services are performed. Our 2019 Fee Schedule is attached. 2. Construction Phase services are not included in this proposal. If authorized by the owner, Pacific will provide these services on a time and expense basis in accordance with the attached fee schedule. Construction Phase services are assumed to include shop drawing review, response to RFIs and contractor questions, and site visits during construction. Additional design or re- design predicated upon contractor errors or requests are not included in the estimated amount. 3. The proposed fee identified for individual tasks are estimates only and are provided for convenience. Adjustments of fee between individual tasks within the total limit of proposed fee may be necessary to complete the work. Project No. 19025CA Page 8 of 9 Tom Wachholder Civil Engineering Fee Proposal February 20, 2019 Revised March 4, 2019 TECHNICAL CLARIFICATIONS EXTRA SERVICES If extra services outside the scope of work are requested, we will determine the fees associated with the extra service and communicate this to you so that you can decide whether to add that extra service to the budget. In addition to the excluded services listed in the scope of work, extra services that are not included in the scope of work include significant changes in scope, additional requested items, additional design or re -design and detailing predicated contractor's errors or request. PROJECT SCHEDULING It is understood that work will begin immediately once authorization to proceed is provided. Thank you for the opportunity to work with you on this project. Please review the above information and call if you have any questions or need additional information. Sincerely, J. Ryan Brownlee, PE Professional Engineer Attachment 1 — Fee Schedule Project No. 19025CA Page 9 of 9 AU W SIGNATURE PRINT NAME COMPANY G cSf w�n� DATE (BRA0PACIFIC 1_____ 3ENGINEERINGm 2019 FEE SCHEDULE DESCRIPTION HOURLY RATE SENIOR CIVIL ENGINEER $168 SENIOR STRUCTURAL ENGINEER $165 SENIOR PROFESSIONAL ENGINEER $155 STRUCTURAL ENGINEER $150 PROFESSIONAL ENGINEER II $150 PROFESSIONAL ENGINEER 1 $140 ENGINEER IN TRAINING II $92 ENGINEER IN TRAINING 1 $85 TECHNICIAN 111 $108 TECHNICIAN II $100 TECHNICIAN 1 $92 EXECUTIVE ASSISTANT / FUNDING SPECIALIST $80 SECRETARY / ADMINISTRATION $50 EXPENSES: COST +15% SENIOR CIVIL ENGINEER — Senior level licensed Civil Engineer SENIOR STRUCTURAL ENGINEER — Senior level licensed Structural Engineer SENIOR PROFESSIONAL ENGINEER — Senior level licensed Engineer STRUCTURAL ENGINEER — Licensed Structural Engineer PROFESSIONAL ENGINEER II — Level 2 Licensed Engineer PROFESSIONAL ENGIENER I — Level 1 Licensed Engineer ENGINEER IN TRAINING II — Engineer in Training ENGINEER IN TRAINING I — Entry level Engineer in Training TECHNICIAN III — Senior level Technician TECHNICIAN II —Technician TECHNICIAN I — Entry level Technician EXECUTIVE ASSISTANT / FUNDING SPECIALIST — Senior level Specialist SECRETARY / ADMINISTRATION — Unlicensed Assistant 8FtA ��lr PACIFIC EI�.TGINEERiN 191h ST AND CASCADE AVE CORRIDOR GREEN RETROFIT STORMWATER PROJECT FEE PROPOSAL 1 DESCRIPTIONTASK Project Feasiblity and Design Criteria _. $ 22,699 •COST $ 61,801 $ 1,500 $ 86,000 2 Permitting $ 14,040 $ 14,260 $ 200 $ 28,500 3 Design Development $ 44,550 - $ 450 $ 45,000 4 Construction Documents $ 68,500 - $ 500 $ 69,000 5 Funding Support $ 4,800 - $ 200 $ 5,000 PROJECT TOTAL $ 154,589 $ 76,061 $ 2,850 $ 233,500 "Includes 15% markup on subconsultants and expenses Project No. 19025CA ACC ) Q® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/Y) ��jR 03/18/20192019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Orion Insurance NAME: Orion Insurance Group PHONE (425) 771-5197 FAX (425) 673-4427 /C No Ext : A/C, No : (A/C. 3405 188th ST SW E-MAIL eneralmail orionins rou ADDRESS: g g p'com INSURER(S) AFFORDING COVERAGE NAIC # Suite #302 INSURERA: Liberty International Underwriters 19917 Lynnwood WA 98037 INSURED INSURER B Pacific Engineering & Design PLLC INSURERC: INSURER D : 200 South Columbia Street Suite 300 INSURER E : Wenatchee WA 98801 INSURER F : COVERAGES CERTIFICATE NUMBER: CL18113003012 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSD WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE T RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL &ADV INJURY $ GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ POLICY ❑ JECT PRO ❑ LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Peraccident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y / N STATUTE ER E.L.EACHACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? El NIA E.L. DISEASE - EAEMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liability Claims Made AEXNYAA8NJT004 11/25/2018 11/25/2019 $2,000,000 Each Claim $2,000,000Aggregate $25,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Professional Engineering Services for the Design of the 2019 19th Street NW/Cascade Ave Corridor Green Retrofit and LID Stormwater Facility Design Project (No. 2019-02) I:ANt,tLLAI IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of East Wenatchee ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD