HomeMy WebLinkAbout04/18/2017 10 Cowiche Canyon Trail Project Engineering Agreement with Perteet, Inc.BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 10.
For Meeting of: April 18, 2017
ITEM TITLE: Resolution authorizing an agreement with Perteet, Inc., to utilize
Connecting Washington grant funds in an amount not to exceed
$199,000, for the engineering design and development of Plans,
Specifications and an Estimate for the Cowiche Canyon Trail
project
SUBMITTED BY: Brett Sheffield, Chief Engineer-- 576-6797
Scott Schafer, Director of Public Works
SUMMARY EXPLANATION:
In June of 2015, the State Legislature selected the Cowiche Canyon Trail project as one of the
Tier 2 Pedestrian and Bicycle Safety Projects as part of the Connecting Washington funding
program. The funding to construct this trail is $2,000,000. The project will construct
approximately two miles of trail with two bike/pedestrian bridges.
In order to select a consulting firm to develop the plans detailing the improvements, the City
followed the procedures established by the State of Washington to select and recommend a
professional firm using the Municipal Research and Service Center Professional Services roster
process to select a firm to prepare the engineering plans detailing the desired improvements to
the park. The City submitted Request for Qualifications to five engineering consulting firms, of
which three replied. I nterviews were held with Perteet and two other firms.
Perteet, Inc. was determined to be the most qualified to perform the needed design work. The
costs to perform this work have been negotiated and a professional services agreement has
been developed in an amount not to exceed $199,000. A copy of the professional services
agreement is attached for review.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FORcl*�
SUBMITTAL: � City Manager
STAFF RECOMMENDATION:
Adopt resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
Resolution Pert 4/612017 Cooer Memo
Professional Service Agreement 4/612017 Cowr Memo
G
RESOLUTION NO. 2017 -
A RESOLUTION authorizing the City Manager to execute an Agreement with Perteet, Inc.,
not to exceed $199,000, for the engineering design and development of
Plans, Specifications and Estimate for the Cowiche Canyon Trail project.
WHEREAS, the Cowiche Canyon Trail project was included on the State Legislature's
Tier 2 Pedestrian and Bicycle Safety Projects list as part of the Connecting Washington funding
program and the City is to receive $2,000,000 in funding for this project; and,
WHEREAS, the City desires to hire an engineering consulting firm to develop the plans
and specifications required to construct this trail; and,
WHEREAS, the City of Yakima has followed the procedure established by the State of
Washington to select and recommend an engineering consulting firm using the Municipal
Research and Service Center Professional Services Roster process to select a firm to perform
the design work; and
WHEREAS, Perteet, Inc. was determined to be the most qualified to perform the needed
design work at this time; and
WHEREAS, the Scope of Work and Budget included in this Professional Services
Agreement meet the needs and requirements of the City of Yakima for this project, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute an Agreement with Perteet, Inc.,
attached hereto and incorporated herein by this reference not to exceed One Hundred Ninety -
Nine Thousand Dollars ($199,000) to provide the Professional Services as described in the
Agreement.
ADOPTED BY THE CITY COUNCIL this 18th day of April, 2017.
Kathy Coffey, Mayor
ATTEST:
Sonya Claar-Tee, City Clerk
For City of Yakima Use Only:
Contract No.
Project No.
Resolution No.
SOQ No.
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
PERTEET, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of ,
2017, by and between the City of Yakima, Washington, a municipal corporation with its principal
office at 129 North Second Street, Yakima, WA 98901, hereinafter referred to as "CITY', and
Perteet, Inc., with its principal office at 2707 Colby Ave., Suite 900, Everett, WA, 98201,
hereinafter referred to as "ENGINEER"; said corporation and its principal engineers are licensed
and registered to do business in the State of Washington, and will provide engineering services
under this Agreement for the Cowiche Canyon Trail on behalf of the City of Yakima, Project No.
2430, herein referred to as the "PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for
design and construction of the PROJECT, as described in this Agreement and subsequent
Amendments thereto; and
WHEREAS, ENGINEER represents that it has available and offers to provide personnel
with knowledge and experience necessary to satisfactorily accomplish the work within the
required time and that it has no conflicts of interest prohibited by law from entering into this
Agreement;
NOW, THEREFORE, CITY and ENGINEER agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.0.1 ENGINEER agrees to perform those services described hereafter. Unless
modified in writing by both parties, duties of ENGINEER shall not be construed to
exceed those services specifically set forth herein.
2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall
assign, Kirk Holmes as Principal -in -Charge throughout the term of this
Agreement unless other personnel are approved by the CITY.
2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A,
entitled "Cowiche Canyon Trail Scope of Services" (WORK) which is attached hereto
and made a part of this Agreement as if fully set forth herein.
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2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by
ENGINEER can be defined in detail at the time this Agreement is executed, and that
additional WORK related to the Project and not covered in Exhibit A may be needed
during performance of this Agreement. CITY may, at any time, by written order, direct
the ENGINEER to revise portions of the PROJECT WORK previously completed in a
satisfactory manner, delete portions of the PROJECT, or request that the ENGINEER
perform additional WORK beyond the scope of the PROJECT WORK. Such changes
hereinafter shall be referred to as "Additional Services."
2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S
cost of, or time required for, performance of any services under this Agreement,
a contract price and/or completion time adjustment pursuant to this Agreement
shall be made and this Agreement shall be modified in writing accordingly.
2.2.2 Compensation for each such request for Additional Services shall be negotiated
by the CITY and the ENGINEER according to the provisions set forth in Exhibit
B, attached hereto and incorporated herein by this reference, and if so
authorized, shall be considered part of the PROJECT WORK. The ENGINEER
shall not perform any Additional Services until so authorized by CITY and agreed
to by the ENGINEER in writing.
2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days
from the date of the ENGINEER's receipt of the written notification of change.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY -FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in
the CITY'S possession relating to the ENGINEER'S services on the PROJECT including
information on any pre-existing conditions known to the CITY that constitute hazardous
waste contamination on the PROJECT site as determined by an authorized regulatory
agency.
3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities
reasonably accessible to ENGINEER as required for ENGINEER'S performance of its
services and will provide labor and safety equipment as reasonably required by
ENGINEER for such access.
3.3 TIMELY REVIEW: The CITY will examine the ENGINEER'S studies, reports, sketches,
drawings, specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and other
consultants as CITY deems appropriate; and render in writing decisions required of CITY
in a timely manner. Such examinations and decisions, however, shall not relieve the
ENGINEER of any contractual obligations nor of its duty to render professional services
meeting the standards of care for its profession.
3.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed
under this Agreement. CITY'S Representative shall have complete authority to transmit
instructions and receive information. ENGINEER shall be entitled to reasonably rely on
such instructions made by the CITY'S Representative unless otherwise directed in
writing by the CITY, but ENGINEER shall be responsible for bringing to the attention of
the CITY'S Representative any instructions which the ENGINEER believes are
inadequate, incomplete, or inaccurate based upon the ENGINEER'S knowledge.
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3.5 Any documents, services, and reports provided by the CITY to the ENGINEER are
available solely as additional information to the ENGINEER and will not relieve the
ENGINEER of its duties and obligations under this Agreement or at law. The
ENGINEER shall be entitled to reasonably rely upon the accuracy and the completeness
of such documents, services and reports, but shall be responsible for exercising
customary professional care in using and reviewing such documents, services, and
reports and drawing conclusions there from.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4.1 In signing this Agreement, CITY grants ENGINEER specific authorization to proceed
with WORK described in Exhibit A. The time for completion is defined in Exhibit A, or as
amended.
SECTION 5 COMPENSATION
5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the
services described in Exhibit A, compensation shall be according to Exhibit C - Schedule
of Specific Hourly Rates, attached hereto and incorporated herein by this reference, on a
time spent basis plus reimbursement for direct non -salary expenses.
5.1.1 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those
costs incurred on or directly for the PROJECT including, but not limited to,
necessary transportation costs, including current rates for ENGINEER'S vehicles;
meals and lodging; laboratory tests and analyses; printing, binding and
reproduction charges; all costs associated with other outside nonprofessional
services and facilities; special CITY -requested and PROJECT -related insurance
and performance warranty costs; and other similar costs. Reimbursement for
Direct Non -Salary Expenses will be on the basis of actual charges plus a
reasonable markup, not to exceed ten percent (10%) and on the basis of current
rates when furnished by ENGINEER. Estimated Direct Non -Salary Expenses are
shown in Exhibit B.
5.1.1.1 Travel costs, including transportation, lodging, subsistence, and
incidental expenses incurred by employees of the ENGINEER and each
of the Subconsultants in connection with PROJECT WORK; provided,
as follows:
That a maximum of U.S. INTERNAL REVENUE SERVICE allowed
cents per mile will be paid for the operation, maintenance, and
depreciation costs of company or individually owned vehicles for
that portion of time they are used for PROJECT WORK.
ENGINEER, whenever possible, will use the least expensive form
of ground transportation.
That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person. This rate may
be adjusted on a yearly basis.
That accommodation shall be at a reasonably priced hotel/motel.
That air travel shall be by coach class, and shall be used only
when absolutely necessary.
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5.1.2 Telephone charges, computer charges, in-house reproduction charges, first class
postage, and FAX charges are not included in the direct expense costs, but are
considered included in the Schedule of Specific Hourly Billing Rates.
5.1.3 Professional Subconsultants. Professional Subconsultants are those costs for
engineering, architecture, geotechnical services and similar professional services
approved by the CITY. Reimbursement for Professional Subconsultants will be
on the basis of actual costs billed plus a reasonable markup, not to exceed ten
percent (10%) for services provided to the CITY through this Agreement.
Estimated Subconsultant costs are shown in Exhibit B.
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this
PROJECT shall not exceed One Hundred Ninety -Nine Thousand Dollars ($199,000).
The ENGINEER will make reasonable efforts to complete the WORK within the budget
and will keep CITY informed of progress toward that end so that the budget or WORK
effort can be adjusted if found necessary. The ENGINEER is not obligated to incur costs
beyond the indicated budget, as may be adjusted, nor is the CITY obligated to pay the
ENGINEER beyond these limits. When any budget has been increased, the
ENGINEER'S excess costs expended prior to such increase will be allowable to the
same extent as if such costs had been incurred after the approved increase, and
provided that the City was informed in writing at the time such costs were incurred.
5.3 The ENGINEER shall submit to the City's Representative an invoice each month for
payment for PROJECT services completed through the accounting cut-off day of the
previous month. Such invoices shall be for PROJECT services and WORK performed
and costs incurred prior to the date of the invoice and not covered by previously
submitted invoices. The ENGINEER shall submit with each invoice a summary of time
expended on the PROJECT for the current billing period, copies of subconsultant
invoices, and any other supporting materials determined by the City necessary to
substantiate the costs incurred. CITY will use its best efforts to pay such invoices within
thirty (30) days of receipt and upon approval of the WORK done and amount billed. CITY
will notify the ENGINEER promptly if any problems are noted with the invoice. CITY
may question any item in an invoice, noting to ENGINEER the questionable item(s) and
withholding payment for such item(s). The ENGINEER may resubmit such item(s) in a
subsequent invoice together with additional supporting information required.
5.4 If payment is not made within sixty (60) days following receipt of approved invoices,
interest on the unpaid balance shall accrue beginning with the sixty-first (61) day at the
rate of 1.0% per month or the maximum interest rate permitted by law, whichever is less;
provided, however, that no interest shall accrue pursuant to Chapter 39.76 RCW when
before the date of timely payment a notice of dispute is issued in good faith by the CITY
to the ENGINEER pursuant to the terms of RCW 39.76.020(4).
5.5 Final payment of any balance due the ENGINEER for PROJECT services will be made
within forty-five (45) days after satisfactory completion of the services required by this
Agreement as evidenced by written acceptance by CITY and after such audit or
verification as CITY may deem necessary and execution and delivery by the ENGINEER
of a release of all known payment claims against CITY arising under or by virtue of this
Agreement, other than such payment claims, if any, as may be specifically exempted by
the ENGINEER from the operation of the release in stated amounts to be set forth
therein.
5.6 Payment for any PROJECT services and WORK shall not constitute a waiver or release
by CITY of any claims, right, or remedy it may have against the ENGINEER under this
Agreement or by law, nor shall such payment constitute a waiver, remission, or
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discharge by CITY of any failure or fault of the ENGINEER to satisfactorily perform the
PROJECT WORK as required under this Agreement.
SECTION 6 RESPONSIBILITY OF ENGINEER
6.1 The ENGINEER shall be responsible for the professional quality, technical adequacy
and accuracy, timely completion, and the coordination of all plans, design, drawings,
specifications, reports, and other services furnished by the ENGINEER under this
Agreement. The ENGINEER shall, without additional compensation, correct or review
any errors, omissions, or other deficiencies in its plans, designs, drawings,
specifications, reports, and other services. The ENGINEER shall perform its WORK
according to generally accepted civil engineering standards of care and consistent with
achieving the PROJECT WORK within budget, on time, and in compliance with
applicable laws, regulations, and permits.
6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs,
specifications, reports, and incidental WORK or services furnished hereunder shall not in
any way relieve the ENGINEER of responsibility for the technical adequacy,
completeness, or accuracy of its WORK and the PROJECT WORK. CITY'S review,
approval, or payment for any of the services shall not be construed to operate as a
waiver of any rights under this Agreement or at law or any cause of action arising out of
the performance of this Agreement.
6.3 In performing WORK and services hereunder, the ENGINEER and its subcontractors,
subconsultants, employees, agents, and representatives shall be acting as independent
contractors and shall not be deemed or construed to be employees or agents of CITY in
any manner whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an
officer or employee of CITY by reason hereof and will not make any claim, demand, or
application to or for any right or privilege applicable to an officer or employee of CITY.
The ENGINEER shall be solely responsible for any claims for wages or compensation by
ENGINEER employees, agents, and representatives, including subconsultants and
subcontractors, and shall save and hold CITY harmless therefrom.
6.4 INDEMNIFICATION:
(a) ENGINEER agrees to defend, indemnify, and hold harmless the CITY, its
elected and appointed officials, agents, officers, employees, and volunteers
(hereinafter "parties protected") from (1) claims, demands, liens, lawsuits,
administrative and other proceedings, (including reasonable costs and
attorneys' fees) and (2) judgments, awards, losses, liabilities, damages,
penalties, fines, costs and expenses of any kind claimed by third parties
arising out of, or related to any death, injury, damage or destruction to any
person or any property to the extent caused by any negligent act, action,
default, error or omission or willful misconduct arising out of the Engineer's
performance under this Agreement. In the event that any lien is placed upon
the City's property or any of the City's officers, employees or agents as a
result of the negligence or willful misconduct of the Engineer, the Engineer
shall at once cause the same to be dissolved and discharged by giving bond
or otherwise.
(b) CITY agrees to indemnify and hold the ENGINEER harmless from loss, cost, or
expense of any kind claimed by third parties, including without limitation such
loss, cost, or expense resulting from injuries to persons or damages to property,
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caused solely by the negligence or willful misconduct of the CITY, its employees,
or agents in connection with the PROJECT.
(c) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a
person identified above for whom each is liable) is a cause of such third party
claim, the loss, cost, or expense shall be shared between the ENGINEER and
the CITY in proportion to their relative degrees of negligence or willful misconduct
and the right of indemnity will apply for such proportion.
(d) Nothing contained in this Section or this Agreement shall be construed to create
a liability or a right of indemnification in any third party.
6.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone
directly or indirectly employed by any of them, or anyone for whose acts any of them
may be liable, the indemnification obligations under this Agreement shall not be limited
in any way by any limitation on the amount or types of damages, compensation, or
benefits payable by or for the ENGINEER or a subcontractor under workers' or
workmens' compensation acts, disability benefit acts, or other employee benefit acts.
The ENGINEER specifically and expressly waives its immunity under the Industrial
Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the
ENGINEER and the CITY.
6.6 It is understood that any resident engineering or inspection provided by ENGINEER is
for the purpose of determining compliance with the technical provisions of PROJECT
specifications and does not constitute any form of guarantee or insurance with respect to
the performance of a contractor. ENGINEER does not assume responsibility for methods
or appliances used by a contractor, for a contractor's safety programs or methods, or for
compliance by contractors with laws and regulations. CITY shall use its best efforts to
ensure that the construction contract requires that the contractor(s) indemnify and name
CITY, the CITY'S and the ENGINEER'S officers, principals, employees, agents,
representatives, and engineers as additional insureds on contractor's insurance policies
covering PROJECT, exclusive of insurance for ENGINEER professional liability.
6.7 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other
subsurface investigations, the actual characteristics may vary significantly between
successive test points and sample intervals and at locations other than where
observation, exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated underground
conditions may occur that could affect total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the ENGINEER, to the
extent that ENGINEER has exercised the applicable and appropriate standard of
professional care and judgment in such investigations.
SECTION 7 PROJECT SCHEDULE AND BUDGET
7.1 The general PROJECT schedule and the budget for both the entire PROJECT and its
component tasks shall be as set forth in this Agreement and attachments. The project
schedule and performance dates for the individual tasks shall be mutually agreed to by
the CITY and the ENGINEER within fifteen (15) days after execution of this Agreement.
The performance dates and budgets for tasks may be modified only upon written
agreement of the parties hereto. The performance date for tasks and the completion
date for the entire PROJECT shall not be extended, nor the budget increased because
of any unwarranted delays attributable to the ENGINEER, but may be extended or
increased by the CITY in the event of a delay caused by special services requested by
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the CITY or because of unavoidable delay caused by any governmental action or other
conditions beyond the control of the ENGINEER which could not be reasonably
anticipated.
7.2 Not later than the tenth (10) day of each calendar month during the performance of the
PROJECT, the ENGINEER shall submit to the CITY'S Representative a copy of the
current schedule and a written narrative description of the WORK accomplished by the
ENGINEER and subconsultants on each task, indicating a good faith estimate of the
percentage completion thereof on the last day of the previous month. Additional oral or
written reports shall be prepared at the request of the CITY for presentation to other
governmental agencies and/or to the public.
SECTION 8 REUSE OF DOCUMENTS
8.1 All internal WORK products of the ENGINEER are instruments or service of this
PROJECT. There shall be no reuse, change, or alteration by the CITY or others acting
through or on behalf of the CITY without written permission of the ENGINEER, which
shall not be unreasonably withheld and will be at the CITY's sole risk. The CITY agrees
to indemnify the ENGINEER and its officers, employees, subcontractors, and affiliated
corporations from all claims, damages, losses, and costs including, but not limited to,
litigation expenses and attorney's fees arising out of or related to such unauthorized
reuse, change, or alteration; provided, however, that the ENGINEER will not be
indemnified for such claims, damages, losses, and costs including, without limitation,
litigation expenses and attorney fees were caused by the ENGINEER's own negligent
acts or omissions.
8.2 The ENGINEER agrees that ownership of any plans, drawings, designs, specifications,
computer programs, technical reports, operating manuals, calculations, notes, and other
WORK submitted or which are specified to be delivered under this Agreement or which
are developed or produced and paid for under this Agreement, whether or not complete,
shall be vested in the CITY.
8.3 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER
(hereinafter "Intellectual Property") as well as any modifications, updates or enhancements
to said Intellectual Property during the performance of the WORK remain the property of
ENGINEER, and ENGINEER does not grant CITY any right or license to such Intellectual
Property.
SECTION 9 AUDIT AND ACCESS TO RECORDS
9.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents
and other evidence directly pertinent to performance of the WORK under this Agreement
in accordance with generally accepted accounting principles and practices consistently
applied. The CITY, or the CITY'S duly authorized representative, shall have access to
such books, records, documents, and other evidence for inspection, audit, and copying
for a period of three years after completion of the PROJECT. The CITY shall also have
access to such books, records, and documents during the performance of the PROJECT
WORK, if deemed necessary by the CITY, to verify the ENGINEER'S WORK and
invoices.
9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted
auditing standards and established procedures and guidelines of the reviewing or
auditing agency.
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9.3 The ENGINEER agrees to the disclosure of all information and reports resulting from
access to records pursuant to this section provided that the ENGINEER is afforded the
opportunity for an audit exit conference and an opportunity to comment and submit any
supporting documentation on the pertinent portions of the draft audit report and that the
final audit report will include written comments, if any, of the ENGINEER.
9.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each
subcontract for WORK on the Project.
9.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be
inadequately substantiated shall be reimbursed to the CITY.
SECTION 10. INSPECTION AND PRODUCTION OF RECORDS
10.1 The records relating to the WORK shall, at all times, be subject to inspection by and with
the approval of the CITY, but the making of (or failure or delay in making) such
inspection or approval shall not relieve ENGINEER of responsibility for performance of
the WORK in accordance with this Agreement, notwithstanding the CITY'S knowledge of
defective or non -complying performance, its substantiality or the ease of its
discovery. ENGINEER shall provide the CITY sufficient, safe, and proper facilities and
equipment for such inspection and free access to such facilities. ENGINEER'S records
relating to the WORK will be provided to the CITY upon the CITY'S request.
10.2 ENGINEER shall promptly furnish the CITY with such information and records which
are related to the WORK of this Agreement as may be requested by the CITY. Until the
expiration of six (6) years after final payment of the compensation payable under this
Agreement, or for a longer period if required by law or by the Washington State
Secretary of State's record retention schedule, ENGINEER shall retain and provide the
CITY access to (and the CITY shall have the right to examine, audit and copy) all of
ENGINEER'S books, documents, papers and records which are related to the WORK
performed by ENGINEER under this Agreement.
10.3 All records relating to ENGINEER'S WORK under this Agreement must be made
available to the CITY, and also produced to third parties, if required pursuant to the
Washington Public Records Act, Chapter 42.56 RCW or by law. All records relating to
ENGINEER'S WORK under this Agreement must be retained by ENGINEER for the
minimum period of time required pursuant to the Washington State Secretary of State's
record retention schedule.
SECTION 11 INSURANCE
11.1 At all times during performance of WORK, ENGINEER shall secure and maintain in
effect insurance to protect the CITY and the ENGINEER from and against all claims,
damages, losses, and expenses arising out of or resulting from the performance of this
Agreement. ENGINEER shall provide and maintain in force insurance in limits no less
than that stated below, as applicable. The CITY reserves the rights to require higher
limits should it deem it necessary in the best interest of the public. If ENGINEER carries
higher coverage limits than the limits stated below, such higher limits shall be shown on
the Certificate of Insurance and Endorsements and ENGINEER shall be named as an
additional insured for such higher limits.
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11.1.1 Commercial General Liability Insurance. Before this Agreemen tis fully
executed by the parties, ENGINEER shall provide the CITY with a certificate of
insurance as proof of commercial liability insurance and commercial umbrella
liability insurance with a total liability limit of the limits required in the policy,
subject to minimum limits of Two Million Dollars ($2,000,000.00) per
occurrence combined single limit bodily injury and property damage, and Two
Million Dollars ($2,000,000.00) general aggregate. The certificate shall clearly
state who the provider is, the coverage amount, the policy number, and when
the policy and provisions provided are in effect. Said policy shall be in effect
for the duration of this Agreement. The policy shall name the City, its elected
and appointed officials, officers, agents, employees, and volunteers as
additional insureds. The insured shall not cancel or change the insurance
without first giving the CITY thirty (30) calendar days prior written notice. The
insurance shall be with an insurance company or companies rated A -VII or
higher in Best's Guide and admitted in the State of Washington.
Subcontractors: If subcontractors will be used, the same terms and limits
of coverage will apply and a certificate will be required per the instructions
above. In lieu of a certificate, contractor may provide confirmation in
writing from their insurance broker that their insurance policy does not
contain a subcontract exclusion or one relating to the work of others.
11.1.2. Commercial Automobile Liability Insurance.
a. If ENGINEER owns any vehicles, before this Agreement is fully executed
by the parties, ENGINEER shall provide the CITY with a certificate of
insurance as proof of commercial automobile liability insurance and
commercial umbrella liability insurance with a total liability limit of the limits
required in the policy, subject to minimum limits of Two Million Dollars
($2,000,000.00) per occurrence combined single limit bodily injury and property
damage. Automobile liability will apply to "Any Auto" and be shown on the
certificate.
b. If ENGINEER does not own any vehicles, only "Non -owned and Hired
Automobile Liability" will be required and may be added to the commercial
liability coverage at the same limits as required in that section of this
Agreement, which is Section 11.1.1 entitled "Commercial General Liability
Insurance".
C. Under either situation described above in Section 11.1.2.a. and Section
11.1.2.b., the required certificate of insurance shall clearly state who the
provider is, the coverage amount, the policy number, and when the policy and
provisions provided are in effect. Said policy shall be in effect for the duration
of this Agreement. The policy shall name the CITY, its elected and appointed
officials, officers, agents, employees, and volunteers as additional insureds.
The insured shall not cancel or change the insurance without first giving the
CITY thirty (30) calendar days prior written notice. The insurance shall be with
an insurance company or companies rated A -VII or higher in Best's Guide and
admitted in the State of Washington.
11.1.3. Statutory workers' compensation and employer's liability insurance as required
by state law.
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11.1.4. Professional Liability Coverage. Before this Agreement is fully executed by
the parties, ENGINEER shall provide the CITY with a certificate of insurance as
proof of professional liability coverage with a total liability limit of the limits
required in the policy, subject to minimum limits of Two Million Dollars
($2,000,000.00) per claim, and Two Million Dollars ($2,000,000.00)
aggregate. The certificate shall clearly state who the provider is, the coverage
amount, the policy number, and when the policy and provisions provided are in
effect. Said policy shall be in effect for the duration of this Agreement. The
insured shall not cancel or change the insurance without first giving the CITY
thirty (30) calendar days prior written notice. The insurance shall be with an
insurance company or companies rated A -VII or higher in Best's Guide. If the
policy is written on a claims made basis the coverage will continue in force for
an additional two years after the completion of this Agreement.
Failure of either or all of the additional insureds to report a claim under such
insurance shall not prejudice the rights of the CITY, its officers, employees,
agents, and representatives there under. The CITY and the CITY'S elected
and appointed officials, officers, principals, employees, representatives,
volunteers and agents shall have no obligation for payment of premiums
because of being named as additional insureds under such insurance. None of
the policies issued pursuant to the requirements contained herein shall be
canceled, allowed to expire, or changed in any manner that affects the rights of
the CITY until thirty (30) days after written notice to the CITY of such intended
cancellation, expiration or change.
SECTION 12 SUBCONTRACTS
12.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to
subcontract any portion of the WORK to be performed under this Agreement.
12.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT,
including any substitutions thereof, will be subject to prior approval by CITY, which
approval shall not be unreasonably withheld. Each subcontract shall be subject to
review by the CITY'S Representative, if requested, prior to the subconsultant or
subcontractor proceeding with the WORK. Such review shall not constitute an approval
as to the legal form or content of such subcontract. The ENGINEER shall be
responsible for the architectural and engineering performance, acts, and omissions of all
persons and firms performing subcontract WORK.
12.3 CITY does not anticipate ENGINEER subcontracting with any additional persons or firms
for the purpose of completing this Agreement.
12.4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK
completed by subconsultants and subcontractors during the preceding month and copies
of all invoices thereto.
SECTION 13 ASSIGNMENT
13.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto.
This Agreement may not be assigned by CITY or ENGINEER without prior written
consent of the other, which consent will not be unreasonably withheld. It is expressly
intended and agreed that no third party beneficiaries are created by this Agreement, and
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that the rights and remedies provided herein shall inure only to the benefit of the parties to
this Agreement.
SECTION 14 INTEGRATION
14.1 This Agreement represents the entire understanding of CITY and ENGINEER as to
those matters contained herein. No prior oral or written understanding shall be of any
force or effect with respect to those matters covered herein. This Agreement may not be
modified or altered except in writing signed by both parties.
SECTION 15 JURISDICTION AND VENUE
15.1 This Agreement shall be administered and interpreted under the laws of the State of
Washington. Jurisdiction of litigation arising from this Agreement shall be in Washington
State. If any part of this Agreement is found to conflict with applicable laws, such part
shall be inoperative, null, and void insofar as it conflicts with said laws, but the remainder
of this Agreement shall be in full force and effect. Venue of all disputes arising under
this Agreement shall be Yakima County, State of Washington.
SECTION 16 EQUAL EMPLOYMENT and NONDISCRIMINATION
16.1 During the performance of this Agreement, ENGINEER and ENGINEER's
subconsultants and subcontractors shall not discriminate in violation of any applicable
federal, state and/or local law or regulation on the basis of age, sex, race, creed,
religion, color, national origin, marital status, disability, honorably discharged veteran or
military status, pregnancy, sexual orientation, or any other classification protected under
federal, state, or local law. This provision shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, selection for training, and the
provision of services under this Agreement. ENGINEER agrees to comply with the
applicable provisions of State and Federal Equal Employment Opportunity and
Nondiscrimination statutes and regulations.
SECTION 17 SUSPENSION OF WORK
17.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this
Agreement if unforeseen circumstances beyond CITY'S control are interfering with
normal progress of the WORK. ENGINEER may suspend, in writing by certified mail, all
or a portion of the WORK under this Agreement if unforeseen circumstances beyond
ENGINEER's control are interfering with normal progress of the WORK. ENGINEER
may suspend WORK on PROJECT in the event CITY does not pay invoices when due,
except where otherwise provided by this Agreement. The time for completion of the
WORK shall be extended by the number of days WORK is suspended. If the period of
suspension exceeds ninety (90) days, the terms of this Agreement are subject to
renegotiation, and both parties are granted the option to terminate WORK on the
suspended portion of Project in accordance with SECTION 18.
SECTION 18 TERMINATION OF WORK
18.1 Either party may terminate this Agreement, in whole or in part, if the other party
materially breaches its obligations under this Agreement and is in default through no
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fault of the terminating party. However, no such termination may be effected unless the
other party is given: (1) not less than fifteen (15) calendar days written notice delivered
by certified mail, return receipt requested, of intent to terminate; and (2) an opportunity
for consultation and for cure with the terminating party before termination. Notice shall
be considered issued within seventy-two (72) hours of mailing by certified mail to the
place of business of either party as set forth in this Agreement.
18.2 In addition to termination under subsection 18.1 of this Section, CITY may terminate this
Agreement for its convenience, in whole or in part, provided the ENGINEER is given: (1)
not less than fifteen (15) calendar days written notice delivered by certified mail, return
receipt requested, of intent to terminate; and (2) an opportunity for consultation with
CITY before termination.
18.3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the
contract price pursuant to the Agreement shall be made, but (1) no amount shall be
allowed for anticipated profit on unperformed services or other WORK, and (2) any
payment due to the ENGINEER at the time of termination may be adjusted to the extent
of any additional costs or damages CITY has incurred, or is likely to incur, because of
the ENGINEER'S breach. In such event, CITY shall consider the amount of WORK
originally required which was satisfactorily completed to date of termination, whether that
WORK is in a form or of a type which is usable and suitable to CITY at the date of
termination and the cost to CITY of completing the WORK itself or of employing another
firm to complete it. Under no circumstances shall payments made under this provision
exceed the contract price. In the event of default, the ENGINEER agrees to pay CITY
for any and all damages, costs, and expenses whether directly, indirectly, or
consequentially caused by said default. This provision shall not preclude CITY from
filing claims and/or commencing litigation to secure compensation for damages incurred
beyond that covered by contract retainage or other withheld payments.
18.4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for
convenience, the adjustment pursuant to the Agreement shall include payment for
services satisfactorily performed to the date of termination, in addition to termination
settlement costs the ENGINEER reasonably incurs relating to commitments which had
become firm before the termination, unless CITY determines to assume said
commitments.
18.5 Upon receipt of a termination notice under subsections 18.1 or 18.2 above, the
ENGINEER shall (1) promptly discontinue all services affected (unless the notice directs
otherwise), and (2) deliver or otherwise make available to CITY all originals of data,
drawings, specifications, calculations, reports, estimates, summaries, and such other
information, documents, and materials as the ENGINEER or its subconsultants may
have accumulated or prepared in performing this Agreement, whether completed or in
progress, with the ENGINEER retaining copies of the same.
18.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute
the WORK to completion utilizing other qualified firms or individuals; provided, the
ENGINEER shall have no responsibility to prosecute further WORK thereon.
18.7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is
determined that the ENGINEER has not so failed, the termination shall be deemed to
have been effected for the convenience of CITY. In such event, the adjustment pursuant
to the Agreement shall be determined as set forth in subparagraph 18.4 of this Section.
18.8 If, because of death, unavailability or any other occurrence, it becomes impossible for
any key personnel employed by the ENGINEER in PROJECT WORK or for any
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corporate officer of the ENGINEER to render his services to the PROJECT, the
ENGINEER shall not be relieved of its obligations to complete performance under this
Agreement without the concurrence and written approval of CITY. If CITY agrees to
termination of this Agreement under this provision, payment shall be made as set forth in
subparagraph 18.3 of this Section.
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SECTION 19 DISPUTE RESOLUTION
19.1 In the event that any dispute shall arise as to the interpretation of this Agreement, or in
the event of a notice of default as to whether such default does constitute a breach of
the Agreement, and if the parties hereto cannot mutually settle such differences, then
the parties shall first pursue mediation as a means to resolve the dispute. If either of the
afore mentioned methods are not successful then any dispute relating to this Agreement
shall be decided in the courts of Yakima County, in accordance with the laws of
Washington. If both parties consent in writing, other available means of dispute
resolution may be implemented.
SECTION 20 NOTICE
20.1 Any notice required to be given under the terms of this Agreement shall be directed to
the party at the address set forth below. Notice shall be considered issued and effective
upon receipt thereof by the addressee -party, or seventy-two (72) hours after mailing by
certified mail to the place of business set forth below, whichever is earlier.
CITY: City of Yakima
129 N. 2nd Street
Yakima, WA 98901
Attn: Brett Sheffield
ENGINEER: Perteet, Inc.
2707 Colby Avenue, Suite 900
Everett, WA 98201
Attn: Kirk Holmes
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SECTION 21 SURVIVAL
21.1 The foregoing sections of this Agreement shall survive the expiration or termination of this
Agreement in accordance with their terms.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their respective authorized officers or representatives as of the day and year first above
written.
CITY OF YAKIMA
Signature
Printed Name: Cliff Moore
Title: City Manager
Date:
Attest
City Clerk
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Signature
Printed Name:
Title:
Date:
E9
STATE OF WASHINGTON )
ss.
COUNTY OF YAKIMA )
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument, and acknowledged it as the CITY
MANAGER of the CITY OF YAKIMA, to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
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N9
STATE OF WASHINGTON )
ss.
COUNTY OF YAKIMA )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that he/she signed this
instrument, on oath stated that he/she was authorized to execute the instrument, and
acknowledged it as the of to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
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EXHIBIT A
COWICHE CANYON TRAIL
SCOPE OF SERVICES
Work Element 1 — Project Management
The intent of this work element is to provide the overall project management and design
coordination. As the first order of work, the Consultant will schedule a kickoff meeting and
develop a project work plan which will include:
• Project Goals and Vision
• Project Organization Plan with key contacts, project stakeholders, and team
responsibilities
• Project Budget
• Project Schedule
• Communication Plan
A draft of the project work plan will be handed out to the design team and the City of Yakima at
the kickoff meeting.
As part of the project, the Consultant will prepare monthly progress reports that describe the
work items that were accomplished during a given month, as well as a forecast of work to be
completed over the following month. The monthly progress reports will also identify other issues
or problems that may occur in any given month. The Consultant will submit these monthly
progress reports to the City's Project Manager with the monthly invoices. The Consultant
Project Manager will notify the City's Project Manager, in writing (memo format), of out of scope
and/or budgetary issues that are inconsistent with this Scope of Work.
1.1 Facilitate project kickoff meeting.
1.2 Prepare project work plan.
1.3 Prepare project schedule and two (2) updates.
1.4 Project Manager to participate in three (3) in-person meeting with the City.
1.5 Manage subconsultant activities.
1.6 Prepare monthly progress reports and invoices.
1.7 Communicate weekly with the City via phone or e-mail.
Assumptions
• The project kickoff meeting will be held at the City of Yakima's offices.
• The project will be completed in approximately eighteen (18) months.
• The project schedule will be prepared in Microsoft Project format.
• A maximum of two (2) project schedule updates will be prepared.
Deliverables:
• Kickoff meeting agenda and minutes
• Work plan (PDF)
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• Project schedule (PDF)
• Project meeting agenda and minutes (three [3])
Work Element 2 — Survey and Basemap Preparation
This work will be performed by J -U -B Engineers, a subconsultant to Perteet Inc.
2.1 Field Survey
2.1.1 Establish primary and secondary mapping control points at two (2) bridge locations.
2.1.2 Perform limited quality assurance checks on LiDAR data as directed by project
engineer, not to exceed two (2) hours of field time.
2.1.3 Perform detailed topographic survey of critical areas at two (2) bridge locations. Data
collection will be limited to 200 feet in each direction from center line of creek. Data
collection will be sufficient to generate 1 -foot contours and sufficient to locate all
visible plannimetric features.
2.1.4 Prepare basemap.
Assumptions:
• J -U -B Engineers, Inc. horizontal survey data shall be relevant to NAD 83(2011),
• Washington State Plane Coordinate System, South Zone based on static GPS
observations processed through the National Geodetic Surveys (NGS) OPUS website.
All distance shall be ground distances and all bearings shall be grid bearings.
• J -U -B Engineers, Inc. vertical survey data shall be relevant to NAVD 88, based on static
GPS observations processed through the National Geodetic Surveys (NGS) OPUS
website.
• City of Yakima shall request and coordinate utility locates with Washington One Call for
all utilities throughout the project corridor.
• City of Yakima shall contact landowners and provide a right of entry on as needed.
• Topographic Survey base map will not contain any property boundaries, road right-of-
ways or easement locations.
• Additional Topographic survey work resulting from inconsistencies discovered during the
QC of LiDAR data will require a supplemental to this scope of work.
Deliverables:
• Coordinate point data listing —paper copy and ASCII/CSV file
• Topographic Survey basemap — AutoCAD Civil 3D, version 2017 format
• Land XML file of surface
Work Element 3 — Stormwater Analysis
This work element will provide analysis and design of the stormwater systems associated with
the proposed trail improvements. This task includes the preparation of the stormwater design
criteria to be used on the project, a hydraulic analysis of the stormwater runoff elements
associated with the improvements and the preparation of a Drainage Report.
3.1 Prepare Stormwater Design Standards Matrix, limited to the elements associated with
this scope of services. This matrix will be included in the Drainage Report for the project.
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3.2 Prepare a site assessment map showing existing drainage features within the project
area and identify threshold discharge areas (TDAs) including the'/4 mile flow paths used
in determining each TDA. Change in land use maps (existing and proposed impervious
area maps) will not be created since it will be assumed that all new impervious surfaces
will disperse all runoff, satisfying full dispersion requirements for flow control. The site
assessment map will be used for appropriate documentation in the Drainage Report.
3.3 Conduct an off-site analysis, including a downstream analysis and an upstream analysis
for inclusion in the Drainage Report. The off-site analysis will be a very brief and
qualitative analysis and will not include any calculations or detailed basin analysis.
3.4 Prepare conveyance calculations for new drainage ditches and culverts associated with
the trail improvements. Calculations to be performed for worst case conditions only and
then applied to the rest of the project accordingly.
3.5 Prepare a Drainage Report for the project documenting compliance with or exemption
from the eight (8) Core Elements in the Yakima County Regional Stormwater Manual.
Assumptions:
• The project will be designed in accordance with the Yakima County Regional
Stormwater Manual (January 2010).
• Water quality treatment is not required for this project because the new trail is
considered non -motorized and therefore does not generate any pollutants during rain
events.
• Full dispersion is assumed to be the appropriate measure to satisfy the flow control
requirement for this project.
• The Drainage Report will undergo one (1) review cycle. The consultant will prepare a
draft and final document.
• Ditch and culvert capacity calculations will be performed using StormShed3G modeling
software.
• City will provide the Cowiche Creek hydraulic modeling results previously prepared by
WDFW and Yakima County to the Consultant. Consultant will not be responsible for
updating the stream model.
• SWPPP to be prepared by contractor.
Deliverables:
• Draft Drainage Report in PDF format and hard copy (two [2] copies)
• Final Drainage Report in PDF format and hard copy (two [2] copies)
Work Element 4 — Conceptual Design (30% Roll Plot)
The intent of this work element is to finalize the desired alignment, create typical cross-sections,
and establish design criteria. The base map for the proposed alignment will be an aerial image
and Lidar for vertical control.
4.1 Collect and review existing data (Lidar, geotechnical reports, stream flow data, and other
previous reports).
4.2 Perform site walk and collect mapping grade GPS readings along with site photos.
4.3 Prepare design standards matrix.
4.4 Prepare project alignment and profile (one [1]).
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4.5 Prepare project typical cross-sections (up to three [3]).
Assumptions:
• Proposed alignment, typical cross sections, and design standards matrix will be
submitted electronically as PDF files for review by City of Yakima staff. Trail horizontal
alignment will not change after the 30% conceptual design task.
• Roll plot format
• A conceptual profile will be produced at this phase of the project.
• GIS information will be utilized to depict right-of-way and property lines. Right-of-way will
not be delineated, mapped, or right-of-way plans produced. Right-of-way and real estate
services are excluded from this proposal.
Deliverables:
• Proposed design standards matrix (PDF)
• Proposed path alignment and profile (PDF)
• Proposed project typical cross sections (PDF)
Work Element 5 — 60% Design and Opinion of Cost
The intent of this work element is to take the City -approved conceptual alignment and produce a
60% design submittal. The City will critically review the 60% design to ensure it meets the
required project goals and grant obligations and provide one set of written comments to the
Consultant.
5.1 Respond and incorporate City review comments.
5.2 Further refine trail design (roll plot)
• Alignment and survey control
• Typical cross-sections
• Site preparation and erosion control (roll plot)
• Proposed improvements plan view (roll plot)
• Proposed profile (roll plot) of select locations
5.3 Stormwater Design
5.4 ADA Design
5.5 Prepare Opinion of Costs
Assumptions:
• The preliminary roll plot will be developed to approximately the 60% design development
stage.
• Utility upgrades, utilities to service restrooms, and utility plans will not be prepared.
• Perteet's standard Opinion of Cost spreadsheet will be utilized to develop the 60%
Opinion of Costs.
• Contract specifications will be prepared at the 90% design phase.
• Restroom building design is excluded from this scope of work. The Consultant may
suggest pre -constructed restroom facilities.
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• Retaining walls will not be necessary and are excluded from this proposal.
Deliverables:
• 60% Plan Set (4 hard copies — 11" x 17" format)
• Selected Standard Plans (4 hard copies —8.5" x 11" format)
• Opinion of Costs (4 hard copies —8.5" x 11" format)
Work Element 6 — 90% PS&E Design
The intent of this work element is to develop the 90% plans, technical specification, and opinion
of likely construction costs.
6.1 Respond and incorporate the City's 60% review comments
6.2 Prepare plans (maximum of 28 civil, 11" x 17" plan sheets at 1"= 50' scale)
• Cover sheet (1 plan sheet)
• Abbreviations and legend (1 plan sheet)
• Alignment and survey control plan (2 plan sheet)
• Typical cross-sections and miscellaneous details (2 plan sheets)
• Site preparation and erosion control (9 plan sheets)
• Plan view (9 plan sheets)
• Profile (2 plan sheets) select locations
• Bridge plan, profile, and details (see task 8)
• Trail head plan and details (2 sheets)
6.3 Prepare 90% Stormwater Design
6.4 Prepare 90% ADA Design
6.5 Prepare 90% WSDOT/APWA Technical Specifications — Divisions 2 through 9
6.6 Prepare 90% Opinion of Costs
6.7 Prepare 90% Bid Proposal Form
Assumptions:
• Same assumptions as Work Element 5.
• Half-size plan sheets will be submitted as the 60% plan set (11" x 17", 1" = 50' scale).
• Plans will utilize Perteet's standard title block.
• APWA CADD standards will be utilized.
• Design software will be Civil3D.
• Traffic control plans will not be prepared.
• Whenever possible, the design team will reference City of Yakima and WSDOT
Standard Plans. These standard plans will be placed in the appendix of the
specifications.
• A maximum of twenty-eight (28) civil plan sheets will be produced.
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• Plans will be developed utilizing Lidar and 2015 Aerial. Aerial imagery will be shown on
the plan sheets with basic features called out by line work and legend. Station and offset
date will not be developed for this project. Line work, legend, and typical cross sections
will control the trail design.
• 60% Plan comments will be consolidated by the City and conflicting comments will be
resolved by City staff prior to transmitting to the Consultant.
• Fencing and or railway details when required will be provided by the City (Cad or
standard plan).
• City will not require full size plan sheets to be produced.
• Division 1 of contract specifications will be prepared by City of Yakima.
• City will provide CAD details of designed trail and trailhead site features.
Deliverables:
• 90% Plan Set (1 PDF and 4 hard copies — 11" x 17" format)
• 90% Technical Specifications and Standard Plans (1 PDF and 4 hard copies — 8.5" x 11"
format)
• 90% Opinion of Costs (1 PDF and 4 hard copies — 8.5" x 11" format)
• 90% Bid Proposal form (1 PDF and 4 hard copies — 8.5" x 11" format)
Work Element 7 — Geotechnical Investigation
This work will be performed by Aspect Consulting, a subconsultant to Perteet Inc.
7.1 Site Reconnaissance and Field Work Planning/Coordination
Aspect will review publicly available maps, well and geotechnical logs, and other
existing/available geotechnical data. Aspect will perform a site reconnaissance along the
proposed trail alignment to review surface conditions, identify apparent geologic hazards that
might conflict with the proposed alignment, evaluate trail subgrade areas requiring short walls
with hand tools/probes, and confirm site accessibility for geotechnical explorations during one
day in the field. Aspect will locate test borings at the proposed bridge abutments, and call for
underground utility locates as required by law.
The trail is planned to cross over Cowiche Creek in two locations via new, single -span bridges
that are approximately 50 feet long. Based on our conversations with the design team, our
understanding of the limited project budget, and preliminary estimates of scour and sensitivity to
large excavations in the potential wetland area provided at the bridge locations, we understand
the design team would like to consider support of the two new bridges using steel H -piles driven
through overburden soils and bearing on dense gravel deposits or bedrock at depths over 20
feet beneath the site grade.
Assumptions:
• The site reconnaissance will be completed over the duration of one day in the field.
• Limited explorations consisting of hand probing and hand augering; no machine drilled
or excavated explorations will be needed along the proposed short wall areas.
• The design team will provide any existing/available geotechnical studies completed
nearby.
• We will be provided a base map of the alignment to use as a site map.
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7.2 Geotechnical Explorations and Laboratory Testing
Aspect will observe and document subsurface conditions in up to four test pits explorations
completed at the proposed bridge abutments. The test pit data will be used characterize
subsurface conditions and evaluate pile driveability and pre -drilling needs in the upper 10 feet of
the subsurface profile. We assume the City of Yakima will provide a medium to large-sized
tracked excavator and operator to advance the test pit explorations. An Aspect field engineer or
geologist will observe and document the test pit explorations on a full-time basis over the
duration of one full day and collect representative soils samples at their discretion. Soil will be
returned to our office for further examination and visual/manual classification and produce
formal exploration logs. Selected samples will be identified for geotechnical laboratory testing of
engineering and index properties. Laboratory tests will include grain size distribution, natural
moisture content, and plasticity limits if fine-grained soils are encountered.
Assumptions:
• Property access and permission to test pit locations will be coordinated and secured by
others.
• The City of Yakima, or others, will provide aforementioned excavation equipment and an
operator and be responsible for locating public and private utilities at the excavation
locations, and any required backfill/restoration of the ground surface.
• The test pit explorations will be completed over the duration of one full day on site.
• Evaluation of potential presence of absence of hazardous or contaminated materials is
excluded from this scope of work.
• If required, traffic control plans and traffic control personnel and extensive signage will
be provided by City of Yakima, or others.
7.3 Geotechnical Engineering Analysis
Aspect will evaluate the field and laboratory data to identify geologic hazards that that might
conflict with the proposed alignment, generalized trail and short retaining wall subgrade
evaluation, preparation and improvement recommendations along the alignment, and lateral
earth pressures on short walls. For the two short bridge crossings, we assume liquefaction is
not likely and is not a design consideration due to anticipated dense, gravelly soil conditions,
and relatively low design peak ground accelerations. Using the test pit data and review of logs
of nearby water well and geotechnical boring drilled in the Cowiche Creek Canyon, we will
evaluate driven pile feasibility/drivability and risks, and provide geotechnical recommendations
for design and construction of driven steel piles to support the bridge abutments. The City of
Yakima acknowledges that without drilled borings the depth to dense gravel deposits or bedrock
will be unconfirmed, pile drivability will be speculative, and substructure construction cost
contingencies will need to be anticipated.
7.4 Geotechnical Report and Coordination Meeting
Aspect will prepare a draft geotechnical report providing a summary of geotechnical and
geologic
conditions, logs of nearby wells or borings by others, logs of hand probing/augering and test pit
completed for this study, laboratory test results, and conclusions and recommendations for
design of the new bridge structure, short walls, and trail subgrade evaluation, preparation and
improvement. Aspect will participate in up to two brief TS&L phone call to review and discuss
geotechnical/structural design and construction considerations. Aspect will address any review
comments on the draft geotechnical report and issue a final geotechnical report, sealed by a
professional engineer licensed in the state of Washington.
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Deliverables:
• Draft Geotechnical Report
• Final Geotechnical Report
7.5 PS&E Support
Aspect will assist the design team with foundation and abutment evaluation and design, and
provide input to plans (prepared by others). Aspect will provide input to geotechnical aspects of
the project specifications.
Work Element 8 — Structural Design
This work will be performed by J -U -B Engineers Inc. (J -U -B), a subconsultant to Perteet Inc
The trail is planned to cross over Cowiche Creek and adjacent floodplain in one location (Bridge
Location #1), and Cowiche Creek in another (Bridge Location #2). The crossing at Bridge
Location #1 is planned to consist of a single -span bridge over the creek with option for a similar
structure over identified wetland area making this a multi -span bridge to cross over both the
creek and wetland area. The crossing at Bridge Location #2 is planned to consist of a single -
span bridge. The bridges will be of nearly identical span lengths and uniform widths (no
horizontal tapers) to minimize design effort. The bridges will be required to be square, with no
skew and no curves on the bridge. The substructure will be driven H -piles and is anticipated to
need two driven heavy H -piles if soil investigation (bore holes) is provided, or four driven H -piles
if soils investigation (bore holes) is not provided.
Based on preliminary estimates of scour and sensitivity to large excavations in wetland areas at
the bridge locations, we understand that the project team will use deep foundations.
8.1 Concept Memorandum
J -U -B will develop a recommended concept memorandum of the structure type size and
location. To limit design costs, J -U -B will investigate only two superstructure options. One is a
precast concrete slab type bridge, and the other is a premanufactured steel truss type
pedestrian bridge. A brief concept memo will summarize the investigation by describing the
options, the costs. A recommendation will be made.
Assumptions:
• Deep foundations will be used and consist of driven heavy steel H -piles.
• Pathway alignment and pathway profile will be provided by Perteet.
• The pathway profile may need to be adjusted depending on the span length and
structure depth.
• Perteet will provide low chord elevations for each bridge for this project to J -U -B.
• Perteet will provide the minimum bridge opening at each bridge location to J -U -B.
• There will be one (1) review submittal for this Concept Memorandum.
• After agreement by the City, J -U -B will proceed with the approved recommended
type size and location of the bridges for the Final Design.
• Abutments may require a reinforced soil wall on the fill side of the abutment if a spill -
through abutment is not geometrically amenable to minimizing the length of the
bridge. J -U -B will design and detail this if required.
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8.2 Final Design
J -U -B will advance the design of the bridges at both bridge locations based on the agreed
recommendation from the Concept Memorandum. The Plans, Specifications and Opinion of
Cost will be advanced to a 100 percent level. This 100 percent Package will be completed for
review by Perteet and the City. Comments from the Review will be incorporated into the PSE
package. Structural computations for the foundation and the substructure will be completed and
sealed and signed by the J -U -B Engineer with a Washington P.E. The superstructure type will
be confirmed by J -U -B with minimal computations (J -U -B will not design the superstructure, but
will confirm the required superstructure type, fit and required connection details to the
substructure). The plans will consist of a combination of CAD line work and hand detailing to
minimize cost for drafting. No electronic CAD files will be provided. Drawings will be hard paper
copy and pdf files. Computations will be hard paper copy and pdf files. It is assumed that the
superstructure will be designed and sealed by a Registered Professional Engineer in
Washington State, retained by the Contractor who is awarded the construction contract, (the
precaster or steel truss bridge manufacturer will provide the design computations under the
construction contract). An opinion of cost will be provided by J -U -B. J -U -B will develop pertinent
construction specifications which will be added to the overall construction specifications which
PERTEET is responsible for.
Assumptions:
• One (1) review submittal to the City
• Review comments will not change the general type size and location of the bridge.
• Perteet will approve that the bridge meets the environmental and hydraulic
requirements.
• Perteet is responsible for all approach work to the bridges.
8.3 Plans, Specifications, Opinion of Cost
The Final Sealed drawings (Washington State PE) with computations, specifications and
quantities and opinion of cost will be provided.
Work Element 9 — Stakeholder Outreach
The intent of this work element is to provide for the overall Stakeholder Outreach plan and
implementation for the project.
9.1 Develop outreach strategy with City to include identification of stakeholder group and
public information goals and objectives.
9.2 Develop final outreach plan and schedule.
9.3 Two (2) Stakeholder Meetings, prepare materials, facilitate meetings, and prepare
meeting notes.
9.4 One (1) Public Meetings, prepare materials, facilitate meetings, and prepare meeting
notes.
Assumptions:
• City will identify staff as part of stakeholder group.
• City will provide for meeting locations and scheduling assistance.
Page 26
Deliverables:
• Outreach Plan (PDF)
• Implementation Schedule (PDF)
Optional Services (Presently Excluded)
• SEPA Documentation
• H PA
• Local Permitting
• Cultural Resource Evaluation
• Final Design
• Construction Management
Page 27
9E
EXHIBIT B
Professional Fees
Billing Rate:
Sr.
Associate
Lead
Engineer
/ Mgr
Engineer
11
Lead
Technician
Designer
Planner 11
Accountant
Clerical
Total
Hours
Labor Cost
$195.00
$160.00
$110.00
$110.00
$105.00
$90.00
$75.00
TASK
Project Management
Kick-off Meeting
7.00
3.00
3.00
1.50
14.50
$2,272.50
Work Plan
2.00
1.00
3.00
6.00
$775.00
Schedule
3.00
3.00
$585.00
In -Person Meetings
15.00
6.00
6.00
27.00
$4,515.00
Manage Subconsultants
8.00
8.00
$1,280.00
Progress Reports and Invoices
9.00
6.00
15.00
$2,295.00
Weekly Calls
9.00
9.00
18.00
$3,195.00
Total Project Management
45.00
27.00
0.00
0.00
9.00
6.00
4.50
91.50
$14,917.50
Stormwater Analysis
Design Criteria
6.00
6.00
$960.00
Site Assessment
2.00
2.00
4.00
8.00
$980.00
Off -Site Analysis
1.00
2.00
2.00
2.00
7.00
$810.00
Conveyance CaIcs
2.00
6.00
8.00
$980.00
Drainage Report
2.00
12.00
2.00
2.00
18.00
$2,010.00
Total Stormwater Analysis',0.00
13.00
22.00
8.00
2.00
0.00
2.00
47.00
$5,740.00
Conceptual Design
Review Existing Data
2.00
8.00
4.00
8.00
22.00
$2,950.00
Site Walk
4.00
1 4.00
4.00
12.00
$1,840.00
Page 28
Design Standards Matrix
1.00
6.00
7.00
$1,155.00
Alignment and Profile
4.00
16.00
32.00
52.00
$6,860.00
Cross -Sections
2.00
4.00
12.00
18.00
$2,350.00
Total Conceptual Design
13.00
38.00
0.00
48.00
12.00
0.00
0.00
111.00
$15,155.00
60% Design and Opinion of Cost
Incorporate City Comments
4.00
8.00
12.00
24.00
$3,380.00
Prepare Plan View
24.00
60.00
60.00
144.00
$20,880.00
Stormwater Design
4.00
16.00
12.00
32.00
$3,720.00
ADA Design
4.00
8.00
12.00
$1,520.00
Opinion of Cost
1.00
6.00
20.00
27.00
$3,355.00
Total 60% Design and Cost
Estimate
29.00
82.00
36.00
92.00
0.00
0.00
0.00
239.00
$32,855.00
90% PS&E
Incorporate City Comments
6.00
12.00
12.00
30.00
$4,410.00
Prepare Plans
24.00
60.00
68.00
152.00
$21,760.00
Stormwater Design
4.00
8.00
8.00
20.00
$2,400.00
ADA Design
4.00
8.00
12.00
$1,520.00
Specification
2.00
26.00
28.00
$4,550.00
Opinion of Cost
1.00
4.00
16.00
21.00
$2,595.00
Bid Proposal Form
6.00
6.00
$960.00
Total 90% P5&E
33.00
116.00
24.00
96.00
0.00
0.00
0.00
269.00
$38,195.00
Stakeholder Outreach
Develop Strategy
4.00
8.00
12.00
$1,620.00
Develop Plan and Schedule
6.00
10.00
16.00
$2,220.00
Stakeholder Meetings
9.00
9.00
18.00
$2,700.00
Public Meetings
4.00
4.00
8.00
$1,200.00
Total Stakeholder Outreach
23.00
0.00
0.00
0.00
1 31.00
1 0.00
1 0.00
54.00
$7,740.00
Page 29
Subconsultant Fees
Cost
Markup
Total
Aspect Consulting LLC
23,437.00
2,343.70
$25,780.70
J -U -B Engineers, Inc.
52,575.00
5,257.50
$57,832.50
Total Subconsultants
$83.613.20
Expenses
Mileage @ $0.535
$400.00
Total Expenses
$1400.00
Total Cost
$198.615.70
Page 30
Personnel Description
Sr. Associate
Lead Engineer/Manager
Engineer II
Lead Technician/Designer
Planner II
Accountant
Clerical
EXHIBIT "C"
SCHEDULE OF RATES
Page 31
Rate ($/Hr)
$ 195.00
$ 160.00
$ 110.00
$ 110.00
$ 105.00
$ 90.00
$ 75.00
34