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HomeMy WebLinkAbout000092 Original Contract4 t r AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND Studio Cascade, Inc. PROJECT WTIP City of Port Angeles Record #000092 RELATING TO: WATERFRONT TRANSPORTATION AND IMPROVEMENT PLAN PLANNING, DESIGN AND ENGINEERING SERVICES THIS AGREEMENT is made and entered into this s day of 2011, by and between THE CITY OF PORT ANGELES, a non charter code city or State of Washington, (hereinafter called the "CITY and Studio Cascade, Inc., a Washington Corporation (hereinafter called the "CONSULTANT WHEREAS, the CITY desires planning, design and engineering assistance related to Phase II of the waterfront and transportation improvement plan (WTIP); and WHEREAS, the CITY desires to engage the professional services and assistance of a qualified firm to perform the scope of work as detailed in Exhibit A, and WHEREAS, the CONSULTANT represents that it, and its approved Sub Consultants as identified in Section X.A. hereof, have the background, experience, abilities, and registration and /or other applicable requirements 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 Scope of Consultant's Obligations The intent of this Agreement is that the CONSULTANT shall complete, or cause to be completed, to the satisfaction of the City, all planning, design and engineering for work in Phase II of the WTIP and deliver to the CITY bid -ready engineering drawings, plans, and specifications for construction of Railroad Avenue between the western edge of the Coho Ferry dock to its intersection with Oak Street and design to the 60% level for the area identified as West End Park. The CONSULTANT and its Sub Consultants shall perform all work and complete all other performances necessary to accomplish the intent of this Agreement, even if such work or other performances are not specifically mentioned in this Agreement. The professional services to be performed and the results to be achieved by the CONSULTANT and its Sub Consultants are more particularly described in the attached Exhibit Page 1 of 9 1 t A. However, Exhibit A is not intended to be comprehensive. If some work or service is necessary to accomplish the purpose of this agreement, the CONSULTANT shall perform that work, or cause such work to be performed, even if not specifically identified in Exhibit A. The CITY may review all work product and deliverables to be provided under this Agreement, and if it is not satisfactory, the CONSULTANT shall make or cause to be made 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 by it and its Sub Consultants shall be in accordance with the professional standards and requirements of the planning, landscape architecture and engineering professions, as applicable, and in compliance with applicable federal, state and local laws. 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 June 2012. The work shall be completed in accordance with the schedule set forth in the attached Exhibit B. 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 CONSULTANT'S lump -sum amount as set forth in the attached Exhibit C. B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall detail the work performed; 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. The CITY shall review the invoices and make monthly installment payments to the CONSULTANT. The monthly payment shall be that portion of the lump -sum amount equal to the portion of the total project accomplished during that month, minus 10% to be held as retainage. For example, if the CONSULTANT during a particular month accomplishes 10% of the work needed to Page 2 of 9 Ar complete the entire project, the City shall play the CONSULTANT for that month 9% of the lump -sum amount, and 1% shall be held as retainage. C. 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. D. Final payment for the balance due to the CONSULTANT will be made after the completion of the work and acceptance by the CITY. E. 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 for the Phase II work, including labor, direct non salary reimbursable costs and outside services for the scope of work as outlined in Exhibit A shall be $1,252,922. The budget for each task is as set forth in the attached Exhibit B. Budgets for task(s) may be modified upon mutual agreement between the two parties, but in any event, the total payment to CONSULTANT for Phase II shall not exceed $1,252,922. VII INDEPENDENT CONTRACTOR STATUS The relation created by this Contract is that of owner independent contractor. The CONSULTANT is not an employee of the City and is not entitled to the benefits provided by the City to its employees. The CONSULTANT, as an independent contractor, has the authority to control and direct the performance of the details of the services to be provided. The CONSULTANT 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: Page 3of9 t -A 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 to any firm other than LMN, HBB, Fehr Peers, Shreffler Environmental or Zenovic Associates (each, a "Sub- Consultant without the written consent of the CITY. It is also understood that these Sub Consultants may hire subcontractors of their own, upon receipt of written authority from the City, to conduct portions of the work for which they are responsible. 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 STANDARD OF CARE CONSULTANT warrants that services performed by it and its Sub Consultants shall be consistent with applicable industry standards. A Warranties CONSULTANT warrants that the work, products, and services will conform to the requirements of this agreement and shall be performed in a professional, competent and timely manner by Page 4 of 9 appropriately qualified and trained personnel, including without limitation, the Sub Consultants. CONSULTANT warrants that it shall furnish to the CITY complete and fully bid -ready plans, drawings and specifications for Railroad Avenue in accordance with the provisions of this Agreement. B Errors and Omissions In the event there are any errors or omissions in the plans, drawings and specifications, CONSULTANT shall correct or cause to be corrected any errors or omissions as necessary to make the plans, drawings and specifications 100% complete and bid -ready at no additional charge to the City. No payment shall be made to the Consultant for materials or labor involved in correcting errors or omissions. XIV 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 satisfactorily completed. 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. XV INDEMNIFICATION /HOLD HARMLESS CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, employees and volunteers (each, an "Indemnitee harmless from any and all claims, injuries, damages, losses or costs, including attorney fees (each, a "CLAIM 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 solely 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 Page 5of9 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. The parties acknowledge that (1) CONSULTANT is required by this Agreement to deliver certain work product, as described in Task 1 of the Scope of Work attached as exhibit A, which CONSULTANT is not licensed or otherwise qualified to perform directly (the "Sub- contracted Work (2) all Sub Contracted Work is to be performed by the Sub Consultants respectively identified under Task 1; and (3) CONSULTANT's role in relation to the Sub Contracted work is limited to assure that such work on behalf of the CITY such that the work is completed, timely delivered, and conforms to the requirements of this Agreement. CONSULTANT shall include in its contract with each Sub Consultant a provision which, without limitation: (1) obligates the Sub Consultant to defend, indemnify, and hold harmless the CITY, and each other Indemnitee, from any CLAIM that arises out of or results from the acts, errors or omissions of the Sub Consultant in the performance of the applicable Sub Contracted Work to the same extent that CONSULTANT is required to defend, indemnify or hold harmless the CITY and each other Indemnitee with respect to CONSULTANT's work under the first four paragraphs of this Section XIV, and (2) allows the CITY to directly enforce and seek remedy under such obligation against Sub Consultant as a third -party beneficiary of such contract. XVI 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. CONSULTANT shall likewise require each of its Sub Consultants to procure and maintain insurance coverage in compliance with the requirements of paragraphs A -D of this section with respect to the performance of the work required of each such Sub Consultant as set forth in Exhibit A. No Limitation. The maintenance of insurance as required by CONSULTANT and the Sub Consultants under the terms of this Agreement shall not be construed to limit the liability of the CONSULTANT or any Sub Consultant to the coverage provided by such insurance, or otherwise limit the CITY'S recourse to any remedy available at law or in equity. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of the contract, upon which the City may after giving five business days notice to Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due Consultant from the City. A. Minimum Scope of Insurance CONSULTANT shall obtain insurance of the types described below: Page 6 of 9 L 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 shall provide City with written notice of any policy cancellation within two business days of their receipt of such notice. 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. Page 7 of 9 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 and each Sub Consultant before commencement of the work. XVII 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. A Entire Agreement This Agreement and its Exhibit(s) represent the entire agreement between the parties hereto with respect to the subject matter hereof and supersede all prior oral negotiations and agreements. B Law, Jurisdiction, Venue and Attorney's Fees The Parties agree that in the event any suit or other legal action is instituted the law of the State of Washington shall apply. Venue shall be in Clallam County Superior Court. If any suit or other action is instituted in connection with any controversy arising under this Agreement, the prevailing party shall be entitled to recover all of its costs and expenses including such sum as the Court may judge reasonable for attorney fees, including fees upon appeal of any judgment or ruling. XVIII AMENDMENTS This Agreement may not be changed, modified, amended or waived except by an amendment signed by both Parties. To be valid and binding, any such amendment must be approved by the City Council and signed by the City Council's designated signatory and by a duly authorized officer of the Consultant. XIX 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 and Schedule Exhibit B Budget IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. Page 8 of 9 CITY OF PORT ANGELES APPROVED AS TO FORM: CONSULTANT G. \LEGAL \a AGREEMENTS &CONTRACTS \2011 Agrmts &Contracts \WTIP Studio Cascade 04.28 11.doc 41, WILLIAM E. BLOOR, CITY ATTORNEY ATTEST: JA SSA HURD, CITY CL RK Page 9 of 9 w Port Angeles WTIP Phase 2 Scope 1 EXHIBIT A Port Angeles WTIP Scope Phase Two Studio Cascade (CONSULTANT) and its subconsultants (Zenovic Associates, LMN Architects, HBB, Fehr and Peers, and Shreffler Environmental) agree to furnish the City of Port Angeles (CITY) planning, design, and environmental documentation and permitting services as described in this Exhibit according to the project schedule attached to this document per the approved and executed agreement for professional services. The budget for each of the tasks presented in this scope of work is included in Exhibit B. Exhibit B includes labor costs and expenses related to all professional services and project management, accounting, and other associated overhead expenses. The task budget subtotals represent the not -to- exceed budget limits to be adhered to by CONSULTANT. Managing to the task budget subtotals shall be accomplished in recognition that some subtask budgets may be exceeded while others are more than adequate to cover project costs. 1. Waterfront, Phase Two The purpose of this agreement will be production of a 60% design drawings and cost estimates for the two -acre park adjoining the waterfront west of Oak Street and bid -ready design and construction documents for that portion of Railroad Avenue lying adjacent to and south of Harbor Lease 22- 081288 (extending from a point approximately 100 feet west of the west line of the Laurel Street right of way to the western edge of the Oak Street right of way, including the waterfront esplanade, as approved by City Council. Public involvement was an important part of the design /development of Phase I, and continued public outreach will also be an important part of Phase 11. This phase of the project will continue to supplement the project website to inform the community of project progress and public events. The consultant, its subconsultants, and other firms from specialist disciplines will be employed in the preparation of the design, permit applications, and construction documents for this phase. The following describes the design responsibilities of each of the design team members: Design Responsibilities Responsible Party Survey, horizontal and vertical control, construction document format demolition plan, grading, storm water, water and sanitary sewer utilities, erosion control, assembly of project submittals and final technical bid documents, contract specific specifications and bid documents Zenovic Substrate for walkways, roadways, parking and vehicle loading areas, pedestrian plazas; structural design for waterfront esplanade and beach seat wall Zenovic /KPFF Electrical service and plans for uplands and esplanade lighting, irrigation fountain electrical service, meters and points -of- connection Zenovic /Sazan Beach /shoreline design Zenovic /Coastal Geologic Services Geotechnical analysis Zenovic /Hart Crowser Upland planting irrigation system, interpretive sign HBB Jet fountain for park HBB /Roman Aesthetic surface treatment for walkways, plazas and paving, site furnishings and selection of light fixtures LMN /HBB /Artist (TBD) Guardrails and railing LMN Transportation reports Fehr Peers Permits as required, project website material, project coordination Studio Cascade /Shreffler Advertisement for bids and addenda City of Port Angeles Artist selection Studio Cascade /Sollod Port Angeles WTIP Phase 2 Scope 2 1.1 Thirty percent (30 design Following notice to proceed from the'City, the CONSULTANT will translate the design concept to 30% completion design level, including coordination of plans from all disciplines. The following deliverables are included at a 30% level: 1 Demolition Plan 2 Temporary Erosion and Sediment Control Plan 3 Preliminary Stormwater Plan and Drainage Report 4 Preliminary Utility Plan and Design Report 5 Preliminary Beach and Seatwall Plan 6 Planting plans showing broad areas of landscape, plant schedule, and plant cutsheets 7 Irrigation plans showing head layout, sleeving, and point -of- connection 8 Overall infrastructure needs to accommodate future buildings and uses on site 9 Urban Design Plans Details showing preliminary finishes of hardscape areas including art components 10 Urban Design Site Furnishing Plans (layout) and catalogue cutsheets 11 Lighting Plan with Light Fixture Schedule, and catalogue cutsheets** 12 Preliminary Structural Cross Sections with foundations 13 Preliminary Art Location Layout 14 Preliminary construction cost estimate *Work in this task may involve supplemental lighting consultation and preliminary cost estimates. Port Angeles WTIP Phase 2 Scope 3 Estimates for the geotechnical scope and fee are for a basic geotechnical investigation and drilling, including one -day site meeting with the design team. This task does not include managing issues related to contaminated soils encountered during the geotechnical investigation. Drilling and sampling will be coordinated with the City Archeologist for compliance with City standards. Meetings /Site Visits: CONSULTANT will attend up to two (2) client meetings, including a presentation to PA Forward, if requested, to review technical information learned to review the project budget and schedule based on our increased understanding of the geotechnical environment and structural options and conduct a site visit to verify design layouts. At these meetings CONSULTANT will verify permitting requirements, confirm the design elements, and gather input from City departments. Additional Permitting related meetings with appropriate jurisdictional authorities will also be supported by CONSULTANT. 1.2— Sixty percent (60 design After obtaining City approval upon completing the 30 design stage, revising the budget and scope as appropriate, and receipt of Notice to Proceed to 60 CONSULTANT will revise 30% drawings to reflect City comments, prepare drawings and specifications to a 60% completion level, along with cost estimates, for City review. Effort in this stage of work will include design of the beach and its abutments. CONSULTANT will also provide refined cost estimates to assist the City with capital budgeting and grant applications. Plans provided at this stage will include: 1 Demolition Plan 2 Temporary Erosion and Sediment Control Plan 3 Stormwater Plan and Construction Stormwater Pollution Prevention Plan 4 Utility Plan and Details 5 Planting plans showing broad areas of landscape, plant schedule, and plant details 6 Irrigation plans showing head layout, pipe sizing, sleeving, and point -of- connection, and schedule 7 Overall infrastructure needs to accommodate future buildings and uses on site 8 Urban Design Plans Details showing finishes of hardscape areas 9 Urban Design Site Furnishing Plans (layout) and Details (footings) 10 Lighting Plan with Light Fixture Schedule, and catalogue cutsheets 11 Fountain Plans for the Park 12 Art Location Plan 13 Structural cross sections Meetings /Site Visits: CONSULTANT will attend /conduct up to two (2) client meetings, including a presentation to PA Forward, if requested, at project site to review progress to 60 seeking City input to complete 60% design for West End Park and to move into final design for the portion of Railroad Avenue between Laurel and Oak Streets. 1.3 Final 100% design and Bid Package CONSULTANT will incorporate City comments into a final bid package, including specifications in WSDOT /City format for the City's advertisement, completed permit applications, and design report technical memorandum. If budget is available based on savings in other components of waterfront design, City may ask CONSULTANT to prepare the final design and bid package for West End Park. Port Angeles WTIP Phase 2 Scope 4 1.4 Quality Control CONSULTANT staff shall review construction documents at 30 60 and 100% stages. Reviews shall be performed by a senior licensed professional of each discipline to ensure quality of documents. Each discipline will also conduct a cross disciplinary quality control review for the 60% and 100% submittals for cross coordination. 1.5 City Council Report CONSULTANT will present the waterfront design to the City Council, using this meeting as an opportunity to deliver the final design package and review the project with community officials. Task Deliverables o One hard copy set of 30% civil, landscape, and urban design drawings, with cost estimates, design reports, and outline of draft specifications for City review. o One hard copy set of 60% civil, landscape and urban design drawings, with cost estimates, and technical specifications for City review. o Four City review meetings to present and discuss intermediate drawings and affirm City direction o Final design, with one hard copy bid -ready package. o The final bid package will include a disk with electronic files in AutoCAD, PDF, and MS Word formats. 2. Environmental Review /Permitting This project will involve levels of environmental review and permitting to ensure it is ready to proceed upon receipt of funding. CONSULTANT will complete permit applications and coordinate with responsible and permitting local, State and federal agencies to ensure applications are complete. Cost estimates and task descriptions could vary widely if other consultants are needed for hydrology, marine biology or habitat enhancement beyond those assumed necessary for biological and transportation assessment. These estimates do not include an archaeological consultant, but the City has indicated that its staff archaeologist will be made available for archaeological investigation and monitoring. 2.1 —JARPA CONSULTANT will complete and file a Joint Aquatic Resources Permit Application (JARPA) to initiate the project's environmental review process, coordinating with responsible agencies to ensure the environmental review process and scope are consistent with agency needs. 2.2 Preliminary environmental checklist CONSULTANT will assemble initial environmental information as required by either SEPA or NEPA, based on information available in the record and on the schematic plans as adopted by Council and modified as a result of progress on Task 1.1. 2.3 Preliminary environmental study and documentation CONSULTANT will prepare a draft environmental assessment, concentrating on likely biological and transportation impacts in accordance with SEPA and /or NEPA pending determination of lead agency Port Angeles WTIP Phase 2 Scope 5 status for the environmental review process. Our scope of work under this task is based upon the assumption that a NEPA EIS will not be required and that environmental study and documentation will be confined to what is necessary to determine and mitigate likely biological and transportation impacts of the proposed project. If the environmental lead agency requires additional study or a NEPA -level EIS, CONSULTANT will need to reassess the level of work and timeline, coordinating with the City to ensure the design process matches environmental review process dictates. 2.4 Final environmental study and documentation CONSULTANT will ensure the environmental assessment and recommendations are reflected in project design and finalize environmental documentation as necessary and as may be required by the environmental lead agency. 2.5 Permit applications CONSULTANT will prepare and file necessary local, state and federal permits, including but not necessarily limited to, LIMIT 8 Application and Appendix G, and Specific Project Information Form (related to endangered species), Section 404 and Section 401 permits (related to the new beach), NPDES (related to surface water quality), SEPA /NEPA (related to project environmental review), shoreline, Section 106 (related to historic resources), and HPA (related to impact to biological resources). 2.6 Permit processing CONSULTANT will coordinate with local, state and federal agencies to process required permits, ensuring permit requirements are incorporated into final design documents as required. Task Deliverables o JARPA form o Initial environmental information form, SEPA checklist, for example o Draft SEPA EIS or NEPA environmental assessment o Final SEPA EIS or NEPA environmental assessment o Permit applications 3. Transportation The transportation scope will address several items as identified by the City, including an assessment of nodes at Front and First streets at Race Street, bicycle treatments for Race Street, and preparation of a comprehensive transportation plan. This scope also includes an allocation for CONSULTANT to meet with the City and others to ensure the process generates desired deliverables on time. 3.1 Front /First Street Nodes This task prepares a plan for pedestrian- oriented nodes at the intersections of First and Front Streets. These nodes will be designed to calm traffic, improve pedestrian accessibility, and provide a more aesthetically appealing gateway to downtown Port Angeles. CONSULTANT will develop conceptual drawings for these two pedestrian nodes within the City at the Race Street intersections with First Street and Front Street. Port Angeles WTIP Phase 2 Scope 6 CONSULTANT will spend one day in Port Angeles observing the node locations, taking measurements, and working with City staff to develop the conceptual drawings for each node location. At the end of the day, CONSULTANT will meet with City staff to discuss the conceptual drawings and get staff input. CONSULTANT and City Staff will meet with WSDOT regarding any nodes within US 101. CONSULTANT will develop planning -level cost estimates for each node using data provided by City Public Works staff as well as unit prices that are readily available from WSDOT. Deliverable: CONSULTANT will develop figures, which show the location of planned pedestrian elements and produce a design report which summarizes the CONSULTANT's findings and recommendations for each node location, including planning level cost estimates, as well as safety, aesthetic, and traffic calming benefits. 3.2 Race Street bicycle treatments This task will evaluate treatments to Race Street that would facilitate bicycle travel while also accommodating vehicle traffic. While the City's Capital Facilities Plan (CFP) mentions elimination of on- street parking and striping bicycle lanes, CONSULTANT will explore alternatives with City staff. CONSULTANT will develop up to two conceptual drawings for Race Street between Front Street and East Park Avenue. These designs will include different options for bicycle accommodation. One option will include removing on- street parking and striping bicycle lanes as described in the CFP. CONSULTANT will spend one day in Port Angeles observing traffic conditions on Race Street, taking measurements, and working with City staff to develop the conceptual drawings for the corridor. CONSULTANT will perform this work in conjunction with Task 3.1. At the end of the day, CONSULTANT will meet with City staff to discuss the conceptual drawings and get staff input. CONSULTANT will develop planning -level cost estimates for each alternative using data provided by City Public Works staff as well as unit prices that are readily available from WSDOT. Deliverable: CONSULTANT will develop two figures which show the location of recommended bicycle elements. These conceptual drawings will be accompanied by a design report, which describes the alternative considered, provides planning -level cost estimates, and identifies the safety, aesthetic, and traffic calming benefits of each alternative. 3.3 Comprehensive Transportation Plan CONSULTANT will update the City's comprehensive transportation plan as described in the following subtasks. 3.3.1— Agency outreach CONSULTANT will contact other City agencies (police, fire, school district) as well as LEKT, WSDOT, Clallam Transit, Clallam County, and the National Parks Service to gather input on key transportation issues and to ensure regional coordination. CONSULTANT will contact each of the entities mentioned above and gather relevant transportation planning policies from each. This task is meant to ensure that City polices and projects are consistent with regional plans. Port Angeles WTIP Phase 2 Scope 7 Deliverable: Findings from this agency outreach will be incorporated into the Comprehensive Transportation Plan 3.3.2 Transportation Comprehensive Plan Policy Development. This subtask updates the City's transportation policies, which serve as the basis for the Comprehensive Transportation Plan. CONSULTANT will review the City's current Comprehensive Plan policies that are related to transportation and recommend updates based on transportation planning best practices and policies that have been successfully adopted in other communities. CONSULTANT will then work with City staff to develop a final set of transportation goals, objectives, and policies that will serve as the basis for the transportation plan update. Deliverables: This subtask includes five deliverables: (1) policy matrix which includes the City's existing transportation policies and provides recommended modifications to these policies, based on examples from other communities or transportation best practices, (2) meeting with the City to discuss the findings of the matrix and receive staff input on updates, (3) draft transportation goals, objectives, and policies narrative for inclusion in transportation plan. 3.3.3 Develop Travel Demand Forecasts that Bracket Likely City Growth. The City desires to develop a Comprehensive Transportation Plan. Since the City is not yet ready to produce a complete Comprehensive Plan, CONSULTANT will need to "bracket" the likely land use development that would be contained in that plan. As such, CONSULTANT proposes to use the model developed under Phase 1 to produce three sets of travel demand forecasts: one that assumes a low level of land use growth, a second that assumes a higher level, and a third that assumes the higher level of land use growth and an additional cross -town route. As a part of our future year analysis, CONSULTANT will evaluate three future year scenarios. These scenarios will be developed in conjunction with City staff, but CONSULTANT assumes they would include, a low growth scenario, a high growth scenario, and a high growth scenario with alternative cross -town route. CONSULTANT will use the travel model developed in Phase 1 to develop three sets of year 2035 Citywide Traffic Forecasts. The travel model will be refined to reflect three potential future year scenarios: (1) low growth scenario that assumes only currently foreseen development occurs by 2035; (2) high growth scenario which assumes a standard annual growth rate (such as 3 continues over this period; and (3) a high level of land use growth with the additional of a new cross -town route. CONSULTANT will use these model runs to develop forecasts for up to 20 roadway segments and up to 10 intersections that will be evaluated in Task 3d. Deliverable: CONSULTANT will develop four figures which show traffic volumes, traffic control devices, and lane geometries under the following conditions: existing conditions (counts), future low growth scenario, future high growth scenario, and the cross -town route scenario. CONSULTANT will also provide City with the model inputs for each of these scenarios which will include readable GIS files which will display traffic volume forecasts for every roadway in the model network. Port Angeles WTIP Phase 2 Scope 8 3.3.4 Street Needs Assessment. CONSULTANT will analyze existing and future roadway conditions in Port Angeles based on the travel demand forecasts developed in Subtask 3.3.3 and produce a standalone technical memorandum that describes the technical analyses and findings that could serve as documentation for the future Comprehensive Plan. CONSULTANT will use the counts collected during Phase 1 and the two sets of travel demand forecasts to assess existing and future roadway conditions in the City of Port Angeles and urban growth areas. The roadway assessment will include evaluating roadway operations at up to 20 roadway segments and up to 10 key intersections within the City where counts were collected under Phase 1. This task will result in the identification of level of service under existing and future year conditions and identify existing deficiencies and future issues. As described above, future year analysis will include three future year scenarios. These scenarios will be developed in conjunction with City staff, but CONSULTANT assumes they would include: a low growth scenario, a high growth scenario, and a high growth scenario with alternative cross -town route. This cross -town route scenario will serve as the "alternative cross- town route study" that the City required as a part of this project, including short and long -term routes and steps needed for acquisition and implementation. Deliverable: CONSULTANT will document the results of the Streets Needs Assessment in a section of the Comprehensive Transportation Plan describing the technical analysis and findings. One of the future alternatives assessed as a part of the Street Needs Assessment will include an alternative cross -town route, which will serve as the alternative cross -town route study that has been requested by City staff. 3.3.5 Transit Inventory. CONSULTANT will work with Clallam Transit to collect information regarding current transit service within Port Angeles. CONSULTANT will also review Clallam Transit's recently adopted Comprehensive Transportation Plan to reflect the transit operator's long -term plans for services in the City. To be consistent with the requirements of the GMA, this existing service and planning future service will be documented in the City's transportation plan. Deliverable: CONSULTANT will document the existing and planned transit service in Port Angeles as a part of the Comprehensive Transportation Plan. 3.3.6 Bicycle and pedestrian needs assessment Analyze existing and future conditions for bicycle and pedestrian travel in Port Angeles. The purpose of this task is to update the City's existing bicycle and pedestrian maps as needed to support the Comprehensive Transportation Plan. It is assumed that City staff will provide CONSULTANT with GIS data for the bicycle and pedestrian maps. This task will support Comprehensive Transportation Plan development by updating the City's current bicycle and pedestrian maps. To update the bicycle and pedestrian maps, CONSULTANT will: Port Angeles WTIP Phase 2 Scope 9 Perform a "windshield feasibility analysis" for high priority on- street projects and refine the list of projects based on this review. This type of analysis includes driving major bicycle and pedestrian corridors and providing an assessment of improvements and safety concerns. Provide a toolbox of recommended treatments such as high visibility crosswalks, bicycle lanes, bike boxes, separated /buffered bicycle lanes, sharrows, and multi -use trails to improve conditions for bicycles and pedestrians on the city's transportation network. The bicycle and pedestrian needs analyses will be incorporated with the Streets Needs Assessment described in Task 3.3.4, as well as the waterfront plan. This coordination of efforts is intended to create synergy between modes and projects and avoid potential areas of conflict. Deliverable: CONSULTANT will document the results of the Bicycle and Pedestrian Needs Assessment in a section of the Comprehensive Transportation Plan describing the technical analysis and findings. 3.3.7 Plan Development and Refinement in Response to City Comments. Description: This task includes assembly of all of the documents developed under Task 3 into a unified document and refining the document in response to comments from City staff. This task will support Comprehensive Transportation Plan development by delivering a unified document and responding to City staff comments. This task includes: Document assembly and developing illustrative figures and maps that make the document user friendly and aesthetically appealing. Meeting twice with City staff to identify issues and discuss resolutions. Refining the document in response to one unified set of City comments to the draft document. Providing data necessary for the City to develop an environmental checklist. Deliverable: Completed Comprehensive Transportation Plan and data for an environmental checklist. CONSULTANT will assist the City in applying for written approval of Department of Commerce and WSDOT that GMA requirements are satisfied. 3:4 Meetings and staff coordination CONSULTANT budget includes up to 62 staff hours to develop data and attend meetings related to Tasks 1 -3. Additional meetings or public hearings will be attended, as requested, on a time and materials basis. Port Angeles WTIP Phase 2 Scope 10 4. Project management and outreach Project management will concentrate on the production of working drawings for the waterfront project previously described and preparation of the Transportation Comprehensive Plan. Public engagement in this phase will focus on making information available to the community and partner agencies. Public engagement activities will be designed to inform the community of the project's progress related to implementation of the community- supported conceptual waterfront design while also inviting responsible agencies to participate throughout the refinement of project design and preparation of construction documents. 4.1— Project management CONSULTANT will actively coordinate work in all three task areas to ensure the project is proceeding on schedule and delivering work product to the City's satisfaction in accordance with the project schedule. Tasks will include weekly project team coordination meetings to verify schedule compliance and to provide early warning and ability to respond in case of scheduling difficulty. 4.2 City meetings CONSULTANT will maintain frequent communication with the City by attending meetings in person at strategic milestones and via well lit video conference to ensure continuous and effective communication with the City. 4.3 Status reporting CONSULTANT will provide monthly written status reports detailing work performedand an updated project schedule as part of monthly billing. 4.4 Website CONSULTANT will design and manage a project website, posting information relevant to the waterfront project, transportation plan, wayfinding project, and soliciting community involvement and comment. The website will include design concepts and sketches, copies of static display posters, reports generated as part of this process, and links to other pertinent websites. Task Deliverables o Project website, with ability to solicit, display and record public comment in response to posts. Port Angeles WTIP Phase 2 Scope 11 EXHIBIT B Project Schedule 1. Waterfront, Phase 2 Task /Subtask Estimated Completion Date Duration 11 -30% design June 30/ 12 weeks 12 60% design September 30 12 weeks 13 Final 100% design and bid package December 1 10 weeks 1.4 Quality control December 15 two weeks 1.5 —City Council presentation December 6 2. Environmental Review /Permitting 2.1 —JARPA May 1 two weeks 2.2 Preliminary environmental checklist May 31 six weeks 2 3 Preliminary environmental study and documentation August 15 10 weeks 2.4— Final environmental study and documentation October 15 4 weeks 2.5 Permit applications October 15 4 weeks 2.6— Permit processing February 15 16 weeks 3. Transportation 3.1— Front /First Street nodes August 15 four weeks 3 2 Race Street bicycle treatments September 15 eight weeks 3.3 Comprehensive transportation plan 3 3.1 Agency outreach July 15 four weeks 3 3 2 —Transportation plan policy development September 15 eight weeks 3.3 3— Travel demand forecasts and city growth October 15 16 weeks 3 3.4 Street needs assessment December 1 six weeks 3.3.5 Transit inventory January 1, 2012 two weeks 3 3 6 Bicycle and pedestrian needs assessment February 1, 2012 four weeks 3 3.7— Plan development and revisions April 1, 2012 eight weeks 3.4 Meetings Continuous 4. Project management and outreach, Phase 2 4.1 Project management Continuous 4 2 City meetings Monthly 4.3 Status reporting Monthly 4.4— Website Continuous EXHIBIT C Port Angeles Phase II Budget SCI LMN HBB F P Zenovic Task 1 Waterfront 862092 1.1 30% design 11890 54270 17873 192800 1.2 60% design 15800 100190 70839 155200 1.3 Final design bid packet 4800 15375 9031 172500 1.4 Quality control 1600 6000 2704 29820 1.5 City Council report 1400 Task 2 Environmental Permitting 147830 2.1 JARPA 2000 2.2 Checklist 18280 2.3 Prelim environmental 66920 2.4 Final environmental 26920 2.5 Permit apps 13550 2.6 Permit proc 20160 Task 3 Transportation Planning 117760 3.1 Nodes 8500 3.2 Bike treat 10860 3.3 Comp plan 3.3.1 Agency outreach 5220 3.3.2 Policy development 11720 3.3.3 Travel forecasts 15070 3.3.4 Street needs 27110 3.3.5 Transit needs 1040 3.3.6 Bike /Ped needs 9180 3.3.7 Plan development 19300 3.4 Meetings /coordination with staff 9760 Task 4 Project Management Outreach 53240 4.1 Project mgt 37280 4.2 City mtgs 6000 4.3 Status reporting 2400 4.4 Website 7560 Fee total 236560 175835 100447 117760 550320 1180922 Reimbursables 24400 15000 7500 10100 15000 72000 Consultant budget 260960 190835 107947 127860 565320 1252922 Total budget 1252922