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HomeMy WebLinkAbout5.1031 Original ContractAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND PACE Engineers, Inc. PROJECT DR03 -2009 RELATING TO: STORMWATER ENGINEERING SERVICES THIS AGREEMENT is made and entered into this 0 2 -6 41(- day of 2010, by and between THE CITY OF PORT ANGELES, a non charter code ity of the State of Washington, (hereinafter called the "CITY and PACE Engineers, Inc., a Washington Corporation authorized to do business in the state of Washington (hereinafter called the "CONSULTANT WHEREAS, the CITY desires engineering and consulting assistance related to stormwater systems; and WHEREAS, the CITY desires to engage the professional services and assistance of a qualified consulting firm to perform the scope of work as detailed in Exhibit A, and WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes of the State of Washington for professional registration and /or other applicable requirements, and WHEREAS, the CONSULTANT represents that it has the background, experience, and ability to perform the required work in accordance with the standards of the profession, and WHEREAS, the CONSULTANT represents that it will provide qualified personnel and appropriate facilities necessary to accomplish the work; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows: I SCOPE OF WORK The scope of professional services to be performed and the results to be achieved by the CONSULTANT shall be as detailed in the attached Exhibit A and shall include all services and material necessary to accomplish the work. The CITY may review the CONSULTANT'S work product, and if it is not satisfactory, the CONSULTANT shall make such changes as may be required by the CITY. Such changes shall not constitute "Extra Work" as related in Section XII of this Agreement. The CONSULTANT agrees that all services performed under this Agreement shall be in accordance with the standards of the engineering profession and in compliance with applicable federal, state and local laws. The Scope of Work may be amended upon written approval of both parties. PW 0410_01 [Revised 03/2010] Professional Services Agreement doc Page 1 of 8 1 II OWNERSHIP OF DOCUMENTS Upon completion of the work, all documents, exhibits, photographic negatives, or other presentations of the work shall become the property of the CITY for use without restriction and without representation as to suitability for reuse by any other party unless specifically verified or adapted by the CONSULTANT. However, any alteration of the documents, by the City or by others acting through or on behalf of the City, will be at the City's sole risk. III DESIGNATION OF REPRESENTATIVES Each party shall designate its representatives in writing. The CONSULTANT'S representative shall be subject to the approval of the CITY. IV TIME OF PERFORMANCE The CONSULTANT may begin work upon execution of this Agreement by both parties and the duration of the Agreement shall extend through December 31, 2011. The work shall be completed in accordance with the schedule set forth in the attached Exhibit D. V PAYMENT The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such payment shall be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment shall be on the basis of the 2010 Hourly Rate Schedule shown in Exhibit C plus the CONSULTANT'S direct non -salary reimbursable costs as set forth in the attached Exhibit C. 1. Labor costs shall be based on the hourly rates shown in Exhibit C. General clerical time shall be considered an overhead item, except where specific work items are involved that require one hour or more continued effort, in which case time will be charged on the basis of hours worked. 2. The direct non -salary reimbursable costs are those directly incurred in fulfilling the terms of this Agreement, including, but not limited to, travel, subsistence, telephone, reproduction and printing, supplies and fees of outside services and consultants. No overhead and profit may be added to direct non -salary reimbursable costs. B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall detail the work, hours, employee name, and hourly rate; shall itemize with receipts and invoices the non -salary direct costs; shall indicate the specific task or activity in the Scope of Work to which the costs are related; and shall indicate the cumulative total for each task. PW 0410_01 [Revised 03/2010] Professional Services Agreement doc Page 2 of 8 C. The CITY shall review the invoices and make payment for the percentage of the project that has been completed less the amounts previously paid. D. The CONSULTANT invoices are due and payable within 30 days of receipt. In the event of a disputed billing, only the disputed portion will be withheld from payment. E. Final payment for the balance due to the CONSULTANT will be made after the completion of the work and acceptance by the CITY. F. Payment for "Extra Work" performed under Section XII of this Agreement shall be as agreed to by the parties in writing. VI MAXIMUM COMPENSATION Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation and reimbursement under this Agreement, including labor, direct non -salary reimbursable costs and outside services, shall not exceed the maximum sum of $165,100. The budget for each task is as set forth in the attached Exhibit B. The budget for task(s) may be modified upon mutual agreement between the two parties, but in any event, the total payment to CONSULTANT shall not exceed $165,100. VII INDEPENDENT CONTRACTOR STATUS The relation created by this Contract is that of owner independent contractor. The Contractor is not an employee of the City and is not entitled to the benefits provided by the City to its employees. The Contractor, as an independent contractor, has the authority to control and direct the performance of the details of the services to be provided. The Contractor shall assume full responsibility for payment of all Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax. VIII EMPLOYMENT Employees of the CONSULTANT, while engaged in the performance of any work or services under this Agreement, shall be considered employees of the CONSULTANT only and not of the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the CONSULTANT'S employees while so engaged, on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. In performing this Agreement, the CONSULTANT shall not employ or contract with any CITY employee without the City's written consent. IX NONDISCRIMINATION The CONSULTANT shall conduct its business in a manner, which assures fair, equal and non discriminatory treatment of all persons, without respect to race, creed or national origin, or other legally protected classification and, in particular: PW 0410_01 [Revised 03/2010] Professional Services Agreement.doc Page 3 of 8 A. The CONSULTANT shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity /affirmative action requirements; and, B. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. X SUBCONTRACTS A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. B. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for work to be performed pursuant to a subcontract, including procurement of materials and equipment, each potential subconsultant or supplier shall be notified by the CONSULTANT of Consultant's obligations under this Agreement, including the nondiscrimination requirements. XI CHANGES IN WORK Other than changes directed by the CITY as set forth in Section I above, either party may request changes in the scope of work. Such changes shall not become part of this Agreement unless and until mutually agreed upon and incorporated herein by written amendments to this Agreement executed by both parties. XII EXTRA WORK The CITY may desire to have the CONSULTANT perform work or render services in connection with this project, in addition to the Scope of Work set forth in Exhibit A and minor revisions to satisfactorily completed work. Such work shall be considered as "Extra Work" and shall be addressed in a written supplement to this Agreement. The CITY shall not be responsible for paying for such extra work unless and until the written supplement is executed by both parties. XIII TERMINATION OF AGREEMENT A. The CITY may terminate this Agreement at any time upon not less than ten (10) days written notice to the CONSULTANT. Written notice will be by certified mail sent to the consultant's designated representative at the address provided by the CONSULTANT. B. In the event this Agreement is terminated prior to the completion of the work, a final payment shall be made to the CONSULTANT, which, when added to any payments previously made, shall compensate the CONSULTANT for the percentage of work completed. PW 0410_01 [Revised 03/2010] Professional Services Agreement.doc Page 4 of 8 C. In the event this Agreement is terminated prior to completion of the work, documents that are the property of the CITY pursuant to Section II above, shall be delivered to and received by the CITY prior to transmittal of final payment to the CONSULTANT. XIV INDEMNIFICATION /HOLD HARMLESS CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the CONSULTANT in performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY. The CITY agrees to indemnify the CONSULTANT from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs, arising out of claims by third parties for property damage and bodily injury, including death, caused soley by the negligence or willful misconduct of the CITY, CITY's employees, or agents in connection with the work performed under this Agreement. If the negligence or willful misconduct of both CONSULTANT and CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the CONSULTANT and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity shall apply for such proportion. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the CONSULTANT, the CITY, and the officers, officials, employees, and volunteers of either, the CONSULTANT'S liability hereunder shall be only to the extent of the CONSULTANT'S negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the CONSULTANT'S waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. However, the CONSULTANT expressly reserves its rights as a third person set forth in RCW 51.24.035. XV INSURANCE The CONSULTANT shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, employees or subcontractors. No Limitation. CONSULTANT'S maintenance of insurance as required by the agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the CITY'S recourse to any remedy available at law or in equity. PW 0410_01 [Revised 03/2010] Professional Services Agreement.doc Page 5 of 8 A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage; and, 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City; and, 3. Workers' Compensation coverage as required by the Industrial Insurances laws of the State of Washington; and 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self- insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled, suspended or materially changed by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. PW 0410_01 [Revised 03/2010] Professional Services Agreement.doc Page 6 of 8 3. Any payment of deductible or self- insured retention shall be the sole responsibility of the CONSULTANT. 4. The CONSULTANT'S insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. XVI APPLICABLE LAW This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute the venue of any litigation brought hereunder shall be Clallam County. XVII EXHIBITS AND SIGNATURES This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following exhibits are hereby made a part of this Agreement: Exhibit A Scope of Work Exhibit B Budget for Each Task Exhibit C Consultant Labor Costs and Non -salary Reimbursable Costs Exhibit D Schedule for the Work PW 0410_01 [Revised 03/2010] Professional Services Agreement.doc Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. C i a F PORT ANGELES w OR CONSULTANT TITLE: /tom PRGs APPR VED AS TO FORM: WILLIAM E. BLOOFk,�dTY ATTORNEY ATTEST: ESSA HURD, CITY CLERK PW 0410_01 [Revised 03/2010] Professional Services Agreement.doc Page 8 of 8 STORMWATER ENGINEERING SERVICES DR03 -2009 SCOPE OF WORK EXHIBIT A PROJECT UNDERSTANDING The stormwater from the drainage basin in question causes significant street flooding in the area on the upland plateau located above the west end of Ediz Hook. The stormwater infrastructure in that area has significant deficiencies related to shallow pipes, undersized pipes, and little or no storm flow attenuation facilities. Five potential solutions to the problem have been identified for evaluation: 1. Construct one or more outfalls down the face of the bluff or ravines in order to break the basin into sub basins and thus reduce peak flows to the existing outfall at Crown Park. 2. Replace existing pipes with larger pipes in order to improve flows and thus reduce backwater effects that cause localized flooding in intersections. 3. Construct bio- engineered drainage swales between the sidewalks and the edge of the travelled way along selected roads. This would potentially detain /retain small rainfall events, reduce peak of larger events, and provide treatment for runoff prior to its entering the wetland(s) located near the toe of the bluff. 4. Construct deep -bore infiltration wells. 5. This alternative(s) would be composed of various combinations of the above solutions. SCOPE OF SERVICES This proposal includes engineering, geotechnical, environmental, and survey services through the construction phase of this project. PACE will be the prime consultant for the entire Scope of Work and will oversee and administer this Scope of Work. PACE will complete all civil engineering services in- house. PACE will subcontract with Landau Associates for Geotechnical and Environmental Services and with Wengler Surveying Mapping for survey services. We anticipate starting this work immediately and proceeding with a preliminary technical memorandum outlining and evaluating the above described alternatives, including associated construction and operation costs. An open house to present the alternatives to the community will be coordinated by the City with PACE making the presentation. PACE will make a recommendation to the City on the preferred alternative for review following the open house. Once selection of a preferred alternative has been made, the PACE team will commence preparation of the 30% PS &E and Drainage report based on the selected alternative. Following receipt of the City's comments on the 30% submittal PACE will prepare the 60% PS &E for City review. After completing the 60% package, it will be submitted to the appropriate agencies for permit review. A 90% package will then be developed and submitted for review based on comments during the 60% review. After incorporating comments from the 90% review, a 100% set of PS &E and Drainage Report will be developed and submitted as bid documents. After award of the construction contract, a construction set of drawings and specifications will be developed and submitted. Select services will be available during construction as needed. 1 PROJECT SCOPE OF WORK Task 1— Preliminary Design Alternative Analysis EXHIBIT A Task 1.1— Project Management Provide general project management /administrative services to the City throughout the project. Specific duties include: 1. Project coordination for all of the Civil Engineering /Survey /Geotechnical /Environmental work with the City and other team members. 2. Attend design /coordination meetings on a bi- weekly basis. This may be onsite or via phone /video conferencing. For budget purposes 1.5 hours are allotted for each meeting. 3. Review available existing data /information as it relates to the project. The City will provide road and storm drainage as -built plans, reports, maps, and other information that may be pertinent to the project, if available. 4. Coordination with other agencies may include DOE, Department of Fish and Wildlife, and Klallam Tribe. 5. Monthly project status reports will be provided with invoices. Deliverables: Monthly status reports /invoices Project Schedule Task 1.2 Information Gathering PACE will perform a walking /driving reconnaissance of the project area in order to verify basin characteristics, boundaries, and potential /existing problem areas. This work will be done jointly with a City representative following the project kickoff meeting. For potential critical areas assessment, Landau Associates will compile and review environmental information from readily available public domain resources to gain a general understanding of potential wetland and stream presence within the study area. Public domain resources include, but are not limited to: Soil Survey data for Clallam County National Wetlands Inventory mapping U.S. Geological Survey (USGS) topographic and geologic mapping Recent aerial photography Assessor's Data base Task 1.3 Hydrologic /Hydraulic Analysis PACE will conduct a hydrologic analysis of the drainage basins draining to the Crown Park stormwater outfall using the WWHM model. It is assumed that a 15- minute time step will be used to determine the peak runoff. The model will be based on uncalibrated data. The area will be modeled under existing conditions. The model will be based on the information from the City's existing model along with additional data gathered in the walkthrough. PACE will also assess "full built out" conditions across the drainage basins to assess the impact of full build out on the existing system. PACE will also conduct a hydraulic analysis of the proposed alternatives. This analysis will include up to four alternatives. The City's complaints on file of drainage 2 problems within the drainage basins will be reviewed and addressed in the Drainage Report to ensure that known problems are resolved by proposed solutions, or documentation provided of why problems are not solved, if that is the case. The City will be notified promptly of basin problems not solved by the proposed alternatives. The City will provide their assessment of basin boundaries and preliminary modeling parameters and results. This analysis and a summary of drainage complaint conclusions will be included in the Drainage Report. Deliverable: Technical Memorandum on H/H Analysis EXHIBIT A Task 1.4 Initial Environmental Assessment Concurrent with Task 1.6, Landau Associates will provide field reconnaissance of wetlands and streams potentially impacted by the alternatives and provide guidance on avoiding and /or minimizing impacts to these resources. The objective of the reconnaissance will be to generally characterize wetland stream presence and condition. Wetland Reconnaissance will include a site visit and review of the project area and receiving area at the base of the slope to preliminarily assess wetland and stream presence. Included will be a review of potential areas where surface water may be discharged. This task includes an evaluation of environmental constraints, potential mitigation measures, and basic permitting needs as they relate to wetlands and streams. Deliverables: Wetland and Stream Reconnaissance Memorandum. Assumptions.' Landau Associates will be able to gain access to off -site wetlands areas for mapping and permitting assessment Evaluation of mitigation measures will be limited to a brief discussion of conceptual mitigation options relevant to general project objects and more detail analysis may be necessary once alternatives are refined. Following the reconnaissance investigation, Landau Associates will complete a delineation of streams and wetlands within the project area if any are found present as a result of the reconnaissance. A detailed delineation of wetland and streams will be conducted in areas potentially affected by the preferred alternatives. Landau Associates will coordinate with PACE to target specific delineation areas based on the process in Task 1.6. Landau Associates will conduct a wetland delineation in accordance with standard practice enumerated in City code, Ecology guidance and the 2008 U.S. Army Corps of Engineers (USACE) Interim Regional Supplement to the Corps of Engineers Wet /and Delineation Manua Western Mountains, Valleys, and Coast Region. Flagging will be placed along the wetland boundaries and numbered. Wetlands within the study area will be rated in accordance with Ecology's Washington State Wet /and Rating System for Western Washington, and buffer widths will be determined in compliance with the Port Angeles City Code. For Reporting, Landau Associates will compile and review environmental information from public domain resource documents and from the reconnaissance memorandum. Any wetlands delineated within the study area will be rated in accordance with Ecology's Washington State Wetland Rating System for Western Washington. Wetland Function Evaluation will be completed for all delineated wetland habitat to characterize wetland functions. Landau Associates will prepare a Draft Critical Area Report for Streams and Wetlands in 3 accordance with the City's CAR, and in order to meet standards of other state or federal regulatory agencies. This will include: EXHIBIT A A summary of the methodology used The size and rating of each wetland; a characterization of wetland vegetation, soils, and hydrology; and field data sheets A scaled site map showing the locations of wetland boundaries and wetland buffers, locations of wetland data plots, and site topography. A functional assessment of wetlands and /or buffers A description of preliminary impacts to wetlands and /or buffers Supporting photographs Wetland Delineation Findings, data forms, and category forms Assumptions: Wetland flagging will only be placed within the project boundaries where accessible. Task 1.5 Initial Geotechnical Evaluation To help evaluate the feasibility of the alternatives, Landau Associates will conduct a literature search of existing geologic and geotechnical information for the project, and perform a field reconnaissance to observe site conditions, check on equipment access constraints, and assess potential locations for subsurface explorations. The purpose of the field reconnaissance is to document existing slope conditions and locate area(s) of past instability (if present) and other significant surface /geologic features that could impact the feasibility of each alternative. Another purpose of the field reconnaissance will be to attempt to: 1) determine the approximate elevation(s) of the contact between the glacial till that is mapped as underlying the project area and the underlying geologic unit that might be a suitable receptor unit for injected stormwater and 2: determine if the upper portion of the possible receptor unit is unsaturated and possibly suitable for stormwater injection. Areas of interest will be located approximately in the field by using a hand -held global positioning system (GPS) with elevations approximated using a hand -held altimeter. The field reconnaissance will be documented with notes, sketches, and photographs as appropriate. Areas of interest will be flagged for surveying by Wengler Surveying Mapping at a later time. We have budgeted a day of field time to complete the field reconnaissance. Landau Associates will also advance 9 exploratory borings within the project area to characterize soil and groundwater conditions. Eight of exploratory borings will be advanced up to a depth of about 7.5 feet (ft) below the ground surface and the ninth boring will be advanced to a depth of 75 ft to collect subsurface information that will be used to evaluate the feasibility of the deep -bore infiltration well alternative. A drilling contractor under subcontract to Landau Associates will complete the exploratory borings with a small, track mounted drill rig advancing hollow -stem augers. It is assumed that the shallow borings will be advanced in unpaved areas located within public right -of -way (i.e., within the area between the back of sidewalk and the right -of -way line). The pavement section at the deep boring location will be patched using fast setting concrete if this boring is located in a paved area. It is assumed that Portland cement concrete pavement is not present at potential sites for the proposed deep boring (i.e., concrete coring will not be required). 4 EXIHIBIT A A shoulder and /or lane closure may be required to complete the proposed borings. If a shoulder or lane closure is required, Landau Associates will prepare and submit a traffic control plan to the City, and provide the necessary flaggers and warning signs for a shoulder and /or lane closure. It is assumed that the City will issue Landau Associates a no -cost right -of -way use permit. Landau Associates will also arrange for underground utility location ("call before you dig prior to performing field activities. A geologist or geotechnical engineer from Landau Associates will supervise the subsurface exploration work, obtain soil samples from the borings, and prepare field logs of conditions encountered in the explorations. Soil samples will be obtained from the exploratory borings on about a 2 or 5 -ft depth interval using the Standard Penetration Test (SPT) procedure, and returned to our laboratory for further examination and classification. Soil samples obtained from the explorations will be held in Landau Associates' laboratory for 30 days after submittal of the final report. After that date, the soil samples will be disposed of unless arrangements are made to retain them. We do not plan to install piezometers in the 8 proposed shallow borings; however we plan to install a piezometer in the proposed deep boring that could be used by others to monitor groundwater levels over time. The piezometer will be constructed in accordance with the applicable sections of WAC 173 -160. Excess cuttings from the exploratory boring will be disposed of at an offsite location. In situ infiltration tests will be conducted in accordance Washington State Department of Ecology guidelines at each shallow borehole location (total of 8). The infiltration tests will be conducted at a depth of between about 2 and 3 ft below the ground surface. Landau Associates will complete a geotechnical laboratory testing program consisting of natural moisture content and grain size determinations on selected soil samples to aid in classifying site soils. For budget purposes, 9 moisture content, 3 combined grain size analyses, and 8 grain size analyses are included. Information from the field investigation will be analyzed by a geotechnical engineer from Landau Associates to develop preliminary geotechnical engineering conclusions and recommendations for use in evaluating the design alternatives. The results of our field explorations, laboratory testing, engineering analyses, and preliminary geotechnical engineering conclusions and recommendations will be summarized in a draft preliminary geotechnical report for review by PACE and the City. Upon receipt of review comments, we will address the comments and submit four (4) copies of a signed and sealed preliminary geotechnical report. The preliminary geotechnical report will include: A site plan showing the locations of the explorations completed for this study Results of laboratory testing and logs of the soil borings A discussion of the near surface soil and groundwater conditions observed in the exploratory borings Geotechnical conclusions and recommendations for the project, including: a discussion of the observations made during the geotechnical field reconnaissance a discussion of the feasibility of each alternative from a geotechnical perspective a discussion related to the infiltration capacity of the near surface soils in the project area based on the results of the in situ infiltration testing (for the soil 5 EXHIBIT A encountered in the shallow exploratory borings) and soil texture and corresponding published infiltration rates (for the soil encountered at depth in the deep exploratory boring) preliminary recommendations regarding the expected long -term design infiltration rate of the soils in the vicinity of proposed low impact development facilities a discussion regarding the geologic hazards associated with the slopes in the project area, including erosion and landslide hazards a discussion related to how infiltrating stormwater near the crests of the steep slopes in the project area could impact the stability of these slopes set -back recommendations for infiltration facilities located near the crests of steep slopes Recommendations for additional geotechnical services to support design of the preferred alternative. Assumptions: It will be possible to find 8 unpaved areas within the public right -of -way to advance the proposed shallow borings. Once the locations for the shallow borings are indentified, the City will be responsible for notifying the property owners located immediately adjacent to the shallow borehole locations. Landscape restoration will not be required following advancement and backfilling of the proposed shallow borings. Deliverable: Preliminary Geotechnical Report Task 1.6 Alternative Analysis /Schematic Layout PACE will develop up to four schematic alternatives for the City to review, and prepare a Technical Memorandum outlining the following alternatives. Potential alternatives include: 1. Provide one or more additional outfalls. One outfall would be located in the ravine just west of "I" Street. The second would be a permanent outfall located in the "H" Street R.O.W. where the City has already installed a temporary outfall. 2. Replace existing undersized pipes and construct a new conveyance pipe to Crown Park. New pipe to be in either 5 Street or 6 Street. 3. Provide bio- engineered swales /rain gardens along selected streets. 4. Provide deep -bore infiltration wells. 5. Utilize information developed in the first three alternatives to develop a fourth alternative that would be a combination of the above solutions. PACE will evaluate the logistics of each option, environmental and permit constraints, right -of- way constraints, ease of construction, and estimated construction and maintenance costs. Landau will evaluate environmental and permit constraints to potentially affected wetland and streams. In order to assure that reports and plans are complete, accurate and appropriate, PACE will conduct a Quality Assurance review of the final documents prior to submittal to the City. This review will be assigned to a senior level principal who has not been associated with the project. 6 The review will consist of a complete analysis, calculation and document review to assure the City that the documents meet or exceed the "level of care" of our industry and are the highest quality possible. Deliverable: Technical Memorandum Outcome: City selects preferred alternative. Task 1.7 Team Meeting with City Following the completion of Tasks 2 through 6, there will be a face to face team meeting with City staff to discuss results of modeling, present alternatives, and provide a recommendation on the City's preferred alternative. This will be included in the final section of the Technical Memo from Task 4. Task 2 Construction Documents EXHIBIT A Task 2.1— Topographic Survey Wengler Surveying Mapping will prepare a topographic map of those areas slated for improvements as part of the preferred alternative, as needed to assist in development of the construction plans. The vertical datum used for the survey will be the North American vertical datum of 1988 (NAVD88) and the horizontal datum will be the Washington coordinate system grid, north zone, north American datum of 1983, 1991 adjustment (NAD83/91). The topographic surveys would include the following: 1. One foot contours and spot elevations at critical points. 2. Centerline monuments, right -of -way lines, property lines, owners name, address and tax I.D. number as available from the Clallam County web site. 3. Existing drainage system including pipes, catch basins, streams, wetlands (as delineated by others) and ponds. 4. All subsurface utilities as marked on the ground by representatives of various utility companies by utilizing one call locate services 1- 800 424 -5555. 5. Overhead utilities 6. Landau Associates will provide a sketch map to the surveyors for their use in locating specific delineation points placed along the boundaries of identified wetlands and streams. 7. The edge of pavement, flow line and top of curb, trees, landscaping, fences and all other surface features lying within the right -of -way and within a strip of land 10 feet outside of said right -of -way. Deliverables: One set of dated, sealed and signed hard copies of the final drawing at a scale of 1 inch equals 20 feet. Digital files in AutoCAD format. For Budget Purposes this estimate includes surveying the following areas. If the selected alternative is different the fees will be adjusted accordingly: Along H Street between 6 Street and 5th Street Along 5 Street between H Street and I Street The ravine located near 5 Street extending 100 -feet below Hill Street. 7 Task 2.2 Final Geotechnical Environmental Assessment Following selection of the preferred alternative, Landau Associates will complete final geotechnical and environmental assessments based upon the needs of the selected alternative. For the final geotechnical assessment, Landau Associates will build upon and fine tune the preliminary geotechnical report. This will include providing design -level geotechnical recommendations for the preferred alternative. The results of our field explorations, laboratory testing, engineering analyses, and geotechnical engineering conclusions and recommendations will be summarized in a draft geotechnical report for review by PACE and the City. Upon receipt of review comments, we will address the comments and submit four (4) copies of a signed and sealed geotechnical report. The geotechnical report will include: For environmental assessment, Landau Associates will fine tune earlier reports. This will include a description of impacts to wetlands and /or buffers based on the preferred alternative. Included will be a discussion of alternatives and avoidance guidance. Some time will be allocated for review of LID techniques as they related to natural resources. Landau will address potential mitigation measures such as development of a wetland and /or buffer mitigation plan that may include work site restoration, planting, or other options to pre -treat stormwater. Assumptions: A site plan showing the locations of the explorations completed for this study Results of laboratory testing and logs of the soil borings A discussion of the near surface soil and groundwater conditions observed in the exploratory borings Geotechnical conclusions and recommendations for the project, including: a discussion of the observations made during the field reconnaissance a discussion related to the infiltration capacity of the near surface soil along the preferred project alignment based on the results of the in situ infiltration testing (for the soil encountered in the shallow exploratory borings) and soil texture and corresponding published infiltration rates (for the soil encountered at depth in the deep exploratory boring) Recommendations regarding the expected long -term design infiltration rate of the soils in the vicinity of proposed low impact development facilities A discussion regarding the geologic hazards associated with the slopes in the project area, including erosion and landslide hazards A discussion related to how infiltrating stormwater near the crests of the steep slopes in the project area could impact the stability of these slopes Set -back recommendations for infiltration facilities located near the crests of steep slopes Recommendations for pipe anchors for pipes that traverse steep slopes (if applicable) Recommendations for dispersal features for pipes that terminate at the toe of a steep slope (if applicable) Recommendations for geotechnical monitoring and consultation during construction. 8 EXHIBIT A Deliverables: Draft Geotechnical Report Final Geotechnical Report Draft Critical Areas Report Final Critical Areas Report EXHIBIT A Additional subsurface explorations and laboratory testing will not be needed to support design of the preferred alternative. If additional subsurface explorations and laboratory testing are needed, the fees will be adjusted accordingly. Wetland grading plans and specifications (for wetland creation) will not be required. Not included is preparation of a detailed mitigation plan, but if the need arises to plan and design for mitigation restoration or enhancement work as an outcome of the design process, this service can be provided based on an amended scope of work. Based on mapping and alternative selection, team members will provide Landau Associates with the areas of impact and amount of fill and /or grading within wetlands and wetland and /or buffer, if any. If wetland impacts are regulated by the USACE, they will be authorized under a Nationwide permit (NWP). Task 2.3 30% Plans and Specifications PACE will provide 30% design plans of the selected option for the City's review and comment. This task includes hydraulic analysis of the preferred alternative necessary to size the facilities, which will be sized to convey flow from the 25 -year storm event. As part of this task, PACE will prepare an estimate of the probable construction costs. Sheet count will be negotiated following selection of preferred alternative. In order to assure that reports, plans and specifications are complete, accurate and appropriate, PACE will conduct a Quality Assurance review of the final documents prior to submittal to the City. This review will be assigned to a senior level principal who has not been associated with the project. The review will consist of a complete sheet -by -sheet and contract document review to assure the City that the documents meet or exceed the "level of care" of our industry and are the highest quality possible. Deliverables: 30% plans electronic files plus 2 sets of plans 30% cost estimate Task 2.4 Public Involvement PACE will participate in three (3) public meetings. The first will be to present the alternatives to the neighborhood residents in order to gather their input. The second meeting which is optional would be to provide further clarification on the preferred alternative especially if it is an LID solution. The third will be a preconstruction meeting to make the residents aware of the impacts and the probable duration of the project. The City shall coordinate these meetings including mailings, meeting locations, and other logistical items. Task 2.5 60% Plans and Specifications Based upon the City's comments on the 30% plans PACE will provide 60% design plans for the City's review and comment. This task includes an updated hydraulic analysis. As part of this 9 task, PACE will prepare an estimate of the probable construction costs. Sheet count will be negotiated following selection of preferred alternative. In addition, PACE will provide a drainage report summarizing the conditions and findings. The 60% plans will be submitted as needed to the appropriate resource agencies for review. Utility coordination will be performed by PACE, if required to design the selected alternative. In order to assure that reports, plans and specifications are complete, accurate and appropriate, PACE will conduct a Quality Assurance review of the final documents prior to submittal to the City. This review will be assigned to a senior level principal who has not been associated with the project. The review will consist of a complete sheet -by -sheet and contract document review to assure the City that the documents meet or exceed the "level of care" of our industry and are the highest quality possible. Deliverables: 60% plans electronic files plus 2 sets of plans 60% cost estimate Drainage Report electronic files plus 1 copy of report Anticipated permits are: 10 EXHIBIT A Task 2.6 SEPA /Permitting PACE will assist the City in acquiring the anticipated project permits identified below. PACE will complete application forms and submit documents as needed to support the various permit applications. PACE, in coordination with the City, will respond to all review comments and make necessary changes to applications and documents as required. This project will require compliance with the State Environmental Protection Act (SEPA). PACE will complete an environmental checklist that will include all major components of the project. It is assumed the City will review the draft SEPA document and provide any comments necessary for PACE to finalize the SEPA document. It is assumed the City will issue the SEPA document and publish in a local paper as required. Although a Determination of Non Significance (DNS) or Mitigated DNS is expected, should an EIS be required, or other permits are determined necessary, those activities would be considered extra work. All costs for project approvals and permits are assumed to be paid directly by the City and PACE has not included a budget for these costs. Landau Associates will request a Jurisdictional Determination (JD) from the USACE Seattle District in order to verify any delineated wetland boundaries and regulation under the Clean Water Act (Section 404 and 401). Landau Associates will make this request via submission of a Joint Aquatic Resources Permit Application (JARPA) to the USACE, including the wetland delineation report as an attachment. The JARPA may include a brief overview of a conceptual mitigation plan. A Landau Associates wetland biologist will meet on site with representatives from regulatory agencies. The USACE typically takes 1 to 3 months to set up a site visit for a JD visit. Part of the permitting task will involve working with federal, state, and local agencies. Joint Aquatic Resource Permit (JARPA) City of Port Angeles Grading and Drainage and Right -of -way permits, by Port Angeles staff WSDOE 401 Water Quality certification DOE Construction Stormwater General Permit EXHIBIT A The 60% plans will be used for the JARPA and Permit submittals. If needed due to wetland or stream impacts, a JARPA will be provided to Ecology, Washington Department of Fish and Wildlife, and the Corps. At this time, it is unclear what impacts may result from the proposed project and therefore which agencies, if any, the JARPA will be submitted to. A Biological Assessment to the Corps can be provided, if required, defining potential impacts to waters of the US and potential impacts to listed species. This is not included in the proposed budget. If this is required a modification to the budget will be required. In addition, work does not include preparation of a detailed mitigation plan, but if the need arises to plan and design for mitigation restoration or enhancement work as an outcome of the design process, provisions for additional work may be necessary. If it is determined that variances or deviations are required, PACE can prepare these requests. However, this activity is not included in the budget and would be billed on a time and expense basis. Task 2.7 90% Plans and Specifications PACE will provide 90% construction plans and specifications for City review and comment based on the City's 60% review comments, public input, utility review, and agency comments. The City will provide to PACE an example of the City's most recent `front end' specifications for reference. The project specifications shall be based on the most current edition of the Washington Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction. As part of this task, PACE will prepare an estimate of the probable construction costs and finalize the drainage report summarizing the conditions and findings. In order to assure that reports, plans and specifications are complete, accurate and appropriate, PACE will conduct a Quality Assurance review of the final documents prior to submittal to the City. This review will be assigned to a senior level principal who has not been associated with the project. The review will consist of a complete sheet -by -sheet and contract document review to assure the City that the documents meet or exceed the "level of care" of our industry and are the highest quality possible. Deliverables: 90% Plans electronic files plus 2 sets of plans 90% Specifications electronic files plus 2 sets of specifications 90% estimate of probable construction cost Task 2.8 —100% Construction Plans and Specifications Based on City comments on the 90% plans and specifications and related agency comments on the 60% plans, PACE will prepare 100% construction plans and specifications for the City. As part of this task, PACE will prepare the final engineers estimate on the probable construction costs. In order to assure that reports, plans and specifications are complete, accurate and appropriate, PACE will conduct a Quality Assurance review of the final documents prior to submittal to the City. This review will be assigned to a senior level principal who has not been associated with 11 Deliverables: 100% Plans electronic files plus 2 sets of plans 100% Specifications electronic files plus2 sets of specifications 100% estimate of probable construction cost 1. For budget purposes it is assumed that construction will be completed in 8 weeks. 2. Consultation with City on construction related issues (30 hours assumed) 3. Provide minor field changes (30 hours assumed) 4. Provide record drawings of completed project based on contractor's markups. Deliverables: Respond to RFI's, project record drawings (GIS and CADD formats) ASSUMPTIONS The following assumptions were made in developing this proposal: 12 EXHIBIT A the project. The review will consist of a complete sheet -by -sheet and contract document review to assure the City that the documents meet or exceed the "level of care" of our industry and are the highest quality possible. Task 2.9 Bidding and Award PACE will prepare contract bid documents in accordance with most current edition of the Washington Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction, modified and amended as appropriate. We anticipate the project will bid as one schedule. We will incorporate any City forms or special bid /construction requirements within the bid document. It is assumed that the City will advertise, open bids and award the project with support from PACE. The following items are included as part of this task. 1. Answer questions and provide any clarification, including addenda, needed during the bid process 2. Attend the bid opening 3. Assist the City in the review of the construction bids and evaluation of the contractors 4. Prepare and reproduce compiled drawings and specifications set with any addenda issued during bidding. Deliverables: Issued for Construction Drawings electronic files plus 10 sets of plans Issued for Construction Specifications electronic files plus 10 sets of specifications Task 2.10 Construction Support PACE can provide construction support to the City throughout the construction duration. Specific duties include: It is assumed that City Staff will provide inspections and CESCL monitoring. If this work is to be done by the design team the fees will be adjusted accordingly. 1. Stormwater detention and water quality treatment are assumed to not be required for this conveyance project if the existing outfalls are utilized. If a new outfall is created it is assumed that water quality treatment and flow control will be required. EXHIBIT A 2. The City will provide the following items: Basin developable lots and density per current zoning Existing stormwater facilities mapping Initial basin boundaries and stormwater modeling Relevant drainage complaints Example of a City of Port Angeles Public Works Contract Bid Document and Specifications Project- related GIS data 3. Road restoration is assumed to be limited to those areas impacted by construction. 4. Relocation of existing utilities is not assumed to be required. 5. The City will coordinate posting contract documents provided electronically by PACE (Task 2.10) on Builders Exchange. 6. City will provide construction inspection services and review shop drawings, submittals, and pay requests. 7. The City will pay all permit fees. 8. Additional meeting time beyond that budgeted will be on a time and expense basis. 9. All AutoCAD files will be delivered in Version 2008 Civil 3D. 10. The City will provide rights of entry for survey, environmental, geotechnical, and engineering investigation. Task 3 GENERAL ENGINEERING SERVICES Task 3.1— Grant Writing /Funding Assistance PACE has the experience necessary to effectively assist the City in securing grants and /or additional funding sources including but not limited to Public Works Trust Fund (PWTF), USDA Rural Development funding, Centennial Clean Water funding, State of Washington Revolving Fund grant and loan programs and FEMA Hazard Mitigation Grant funding. PACE will assist the City as requested on specific grant or alternative funding initiatives. Task 3.2 On -Call Engineering Services As part of this project PACE will provide on -call services for any other projects on which the City of Port Angeles requests assistance A general outline of those services are shown below. Scope and fee will be negotiated as work assignments come up. General Engineering Services General services provided to the City as anticipated are listed below. The parties recognize that the required services are unique and will vary between projects. Parties recognize and agree that services, which are not listed below may be required on various projects. All general services, and services on a project, including preparation of scope and budget analyses, will be authorized by the City Engineer or designee by means of a work order. The following list provides a general description of the type of services to be provided by Engineer. City Enaineerina and Support Services. Anticipated City engineering and support services to be provided include: 13 14 EXHIBIT A 1. General planning support as assigned by the CITY 2. Attend staff meetings, regular Council meetings, special day or night meetings, and be available during normal working hours to support and advise CITY staff or other consultants as requested. 3. Prepare Engineering Reports and Comprehensive Plans, amendments, and updates for the CITY. 4. Prepare applications and supporting documents for grants, loans, or other funding for public works projects. 5. Prepare, update, and print maps and exhibits for the CITY. 6. Provide Utility Information Systems, Geographic Information Systems, and other computer services as requested by the CITY 7. Review plans or documents prepared by others at the request of CITY. 8. Investigations for financial and court appearances. 9. Assist in preparing documents for and /or acquiring easements and rights -of -way. 10. Engineering services in connection with developer extensions, including planning changes preliminary availability, payback calculation requests, in lieu of construction cost calculations, reviewing proposed construction plans and specifications, construction reviews, bills of sale, easements, legal descriptions, and recommendations regarding acceptance of projects. 11. Provide inspection of projects within the CITY for compliance with grading, drainage, and TESC requirements. CIP Implementation Preliminary Phase Anticipated project specific services to be performed by the Engineer in the preliminary phase include: 1. Preliminary investigation and drawing layout showing alternatives for environmental considerations and preparations of or furnishing data for Environmental Checklist, Environmental Impact Statements or Environmental Impact Assessments, and review of environmental documents prepared for projects by the City. 2. Prepare applications and supporting documents for government grants or advances for public works projects, and attend meetings and hearings relating to the grants or advances. 3. Prepare preliminary schematic designs and projections of probable cost estimates, for proposed improvements. 4. Attend and coordinate City and community meetings. Design Phase Anticipated project specific services to be performed by the Engineer in the design phase of the improvements include: 1. Preliminary investigations and layout drawings showing alternatives for design purposes. 2. Design, topographic and boundary surveys, and legal descriptions, if required. 3. The making of final designs stamped by the City Engineer. 4. Prepare drawings, specifications and contract documents for construction. 5. Prepare projections of probable quantities and costs including the Engineer's estimate. EXHIBIT A 6. Submit construction plans and specifications for approval by the various regulatory agencies and City and revisions. 7. Assist in securing bids, analysis of bids, recommendations for award, and execution of contract documents. 8. Assist the City in securing permits and approvals for construction. Construction Phase Anticipated project specific services to be performed by the Engineer during construction include: 1. Daily, part -time, or as- needed construction observers and /or resident engineers to observe contractor's work. 2. Support City personnel in construction observation as needed or requested by the City. 3. Construction staking and surveying. 4. Prepare change orders as required during the course of construction. 5. Provide the City with copies of the original plans which have been revised to conform to construction records. 6. Prepare progress payment and final payment for contractors. 7. Review shop and working drawings furnished by the contractors necessary for construction of the project. 8. Advise the City regarding acceptance of construction work. Other Tasks. The Engineer shall perform other tasks not specifically defined in this Scope but specifically requested by the City Engineer or designee. 15 Task 1.1 Project Management Task1. 2 Information Gathering Task 1.3 Hydrologic /Hydraulic Analysis Task 1.4 Initial Environmental Assessment Task 1.5 Initial Geotechnical Evaluation Task 1.6 Alternative Analysis /Schematic Layout Task 1.7 Team Meeting with City Reimbursables Task 3 General Engineering TOTAL PROJECT COST STORMWATER ENGINEERING SERVICES DR03 -2009 BUDGET 22,000.00 4,000.00 22,000.00 24, 500.00 38,500.00 26,000.00 5,000.00 3,100.00 20,000.00 165,100.00 EXHIBIT B (PAc) An Engineering Services Company 2010 HOURLY RATE SCHEDULE EXHIBIT C Engineers I Planners I Surveyors DESCRIPTION HOURLY RATE 1. Office Tech I, Expediter I 2. Office Tech II, Expediter II 3. Jr. Instrument Person, Office Tech III, Intern 4. Instrument Person, GPS Assistant, Jr. CAD Drafter, Sr. Office Tech 5. Jr. Engineer, Designer I, Jr. Planner, Party Chief, CAD Drafter I, GIS Tech, Inspector I, Project Administrator 6. Engineer I, Designer II, Planner I, Survey Tech I, CAD Drafter II, GIS Analyst I, Inspector II 7. Engineer II, Sr. Designer, Planner II, Sr. Party Chief, Survey Technician II, CAD Drafter III, GIS Analyst II, Inspector III 8. Sr. Engineer, Project Designer I, Sr. Planner, Project Surveyor, Sr. CAD Drafter, GIS Analyst III, Sr. Inspector 9. Project Engineer, Project Designer II, Project Planner, Sr. Project Surveyor, GIS /CAD Manager 10. Sr. Project Engineer, Structural Engineer, Sr. Project Designer, Sr. Project Planner, Survey Project Manager 11. Project Manager, Principal Surveyor, Robotic /GPS Operator 12. Sr. Project Manager, Sr. Principal Surveyor, 3D Scanning Operator 13. Principal Engineer, Principal Planner 14. Senior Principal REIMBURSABLES A. Sub Consultants, Professional and Technical B. Maps, reports, materials, permit fees, express delivery and messenger, pass -thru bills and similar items necessary for work in progress C. Technology expenses associated with computers, software, electronic distance measuring devices, telephone, cell phone, photo copies, standard survey supplies and transportation and standard postage will be invoiced as a Technology Charge D. Out -of -Town travel per diem and cost of commercial transportation E. Transportation within 30 Mile Radius Transportation beyond 30 Mile Radius Automobile On job inspection mileage will be billed F. Special Equipment/Software Special Software for Modeling /Analysis Large Format Blueprints and Reproduction Bond Large Format Blueprints and Reproduction Mylar Color Copies In -house (81/2 x 11) G. Expert Witness 2% 45.00 55.00 65.00 75.00 85.00 95.00 105.00 115.00 125.00 135.00 145.00 155.00 165.00 180.00 Cost 12% Cost 12% of labor billing Cost 10% No Charge .60 per mile .60 per mile 10 /hour .50 /sq foot 1.50 /sq foot .50 /page Rate x 1.5 Note: 1 All payment is due within 30 days from date of invoice. A monthly service charge of 2% will be added on all accounts older than 30 days. 2 The foregoing schedule of charges is incorporated into the agreement for the services provided effective January 1, 2010. After December 31, 2010, invoices will reflect the schedule of charges in effect at that time. PACE Engineers, Inc. 1601 Second Avenue I Suite 1000 I Seattle, WA 98101 P 206.441.1855 I f 206 448.7167 paceengrs.com STORMWATER ENGINEERING SERVICES DR03 -2009 SCHEDULE Key Milestone Dates Notice to proceed 7/21/2010 Kick -off Meeting with City and Design Team 7/27/2010 Initial Public Meeting 9/10/2010 Submit Alternative Analysis to City 9/24/2010 Team Meeting (discussion of design alternatives) 9/30/2010 Final City decision on alternative 10/15/2010 Submit 30% Design to City 11/15/2010 Submit 60% Design to City 12/30/2010 SEPA 1/7/2011 90% Design Submittal 2/28/2011 Permit Secured 4/15/2011 100% Completion submittal 4/30/2011 1 EXHIBIT D The proposed schedule assumes prompt reviews by the City and no significant obstacles with permitting and /or the resource agencies. While these are feasible production schedules for us at this time, these dates do not take into account permitting requirements and review times by outside agencies related to this project. A project schedule including permitting timeframes will be developed when the project alternative is selected.