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HomeMy WebLinkAboutResolution_AmendedInterlocal_FCZD and City of EllensburgKITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS AGENDA STAFF REPORT AGENDA DATE: May 18, 2021 ACTION REQUESTED: Approve a Resolution to Authorize the Chair's Signature on an Amended Interlocal Agreement between Kittitas County Flood Control Zone District and City of Ellensburg BACKGROUND: The City of Ellensburg is finalizing design of flood alleviation components at Dolarway Road (Reeser Creek) and the regional project is expected to significantly alleviate flooding in west Ellensburg. The Kittitas County Flood Control Zone District is partnering with the City and is offering engineering design funding ($111,637) and once the design is complete, we anticipate providing constructing financing support under a separate future interlocal agreement ($888,363). The City of Ellensburg and Kittitas County Flood Control Zone District signed an Interlocal Agreement on March 16, 2021 for engineering design funding. The City of Ellensburg has provided Kittitas County with an amended Interlocal Agreement which corrects the scope of work. There is no other change to the interlocal agreement. INTERACTION: Public Works; Prosecuting Attorney's Office and City of Ellensburg RECOMMENDATION: Approve the Resolution Authorizing the Chair's Signature on Amended Interlocal Agreement between the Kittitas County Flood Control Zone District and City of Ellensburg. HANDLING: Return one original to Public Works. ATTACHMENTS: Resolution; Interlocal Agreement LEAD STAFF: Arden Thomas, Water Resource Program Manager. BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2021 - Resolution to Authorize the Chairman's Signature on an Interlocal Agreement Between Kittitas County Flood Control Zone District and City of Ellensburg WHEREAS: The Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington ("RCW'), provides for public agencies to enter into agreements for joint or cooperative action authorized under that chapter; and WHEREAS: Kittitas County established a County -Wide Flood Control Zone District pursuant to Chapter 86.15 RCW for the purpose of addressing flood management needs within county; and WHEREAS: RCW 86.15.080(8) provides for flood control zone districts to enter into cooperative agreements with any political subdivision; and WHEREAS: The City of Ellensburg is undertaking the Reecer Creek Flood Hazard Reduction and Floodplain Restoration Project; and WHEREAS: Flood Control Zone Districts can provide grant funds to political subdivisions of the state that are located within the boundaries of the zone, so long as the use of the grant funds is within the purposes authorized under Chapter 86.15 RCW; and WHEREAS: The Kittitas County Flood Control Zone District has included a total of $1,000,000 in funding for the Reecer Creek Flood Hazard Reduction and Floodplain Restoration Project in its 2020 and 2021 annual budgets; and WHEREAS: Kittitas County Flood Control Zone District and the City of Ellensburg desire to allocate a portion of the funding ($111,637) to conduct Reecer Creek Floodplain Mapping and Levee Certification Support Services in support of the Reecer Creek Flood Hazard Reduction and Floodplain Restoration Project; and WHEREAS: On March 16, 2021 Kittitas County Flood Control Zone District and the City of Ellensburg entered into an Interlocal Agreement providing $111,637 in design support for the Reecer Creek Flood Hazard Reduction project; and WHEREAS: The City of Ellensburg has provided Kittitas County with an amended Interlocal Agreement with a corrected scope of work; NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest of the public, does hereby authorize the Chairman's signature on an amended Interlocal Agreement between Kittitas County Flood Control Zone District and City of Ellensburg providing $111,637 in design support for the Reecer Creek Flood Hazard Reduction project. DATED this 18th day May 2021, at Ellensburg, Washington. Attest: ❑ Clerk of the Board- Julie Kjorsvik ❑ Deputy Clerk of the Board- Mandy Buchholz BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Brett Wachsmith, Chairman Laura Osiadacz, Vice -Chairman Cory Wright, Commissioner INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY FLOOD CONTROL ZONE DISTRICT AND CITY OF ELLENSBURG This Interlocal Agreement is made and entered into this day of , 2021, by and between the City of Ellensburg (hereinafter the "City") and Kittitas County through the Kittitas County Flood Control Zone District (hereinafter the "District"). RECITALS WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington ("RCW"), provides for public agencies to enter into agreements for joint or cooperative action authorized under that chapter; and WHEREAS, Kittitas County established a County -Wide Flood Control Zone District pursuant to Chapter 86.15 RCW for the purpose of addressing flood management needs within the county; and WHEREAS, RCW 86.15.080(8) provides for flood control zone districts to enter into cooperative agreements with any political subdivision; and WHEREAS, the City of Ellensburg is undertaking the Reecer Creek Flood Hazard Reduction and Floodplain Restoration Project; and WHEREAS, Flood Control Zone Districts can provide grant funds to political subdivisions of the state that are located within the boundaries of the zone, so long as the use of the grant funds is within the purposes authorized under Chapter 86.15 RCW; and WHEREAS, the Kittitas County Flood Control Zone District has included a total of $1,000,000 in funding for the Reecer Creek Flood Hazard Reduction and Floodplain Restoration Project in its 2020 and 2021 annual budgets; and WHEREAS, the Kittitas County Flood Control Zone District and the City of Ellensburg desire to allocate a portion of the finnding to conduct Reecer Creek Floodplain Mapping and Levee Certification Support Services in support of the Reecer Creek Flood Hazard Reduction and Floodplain Restoration Project; NOW THEREFORE, it is agreed as follows: INTERLOCAL AGREEMENT FOR FLOOD CONTROL ZONE DISTRICT GRANT FUNDS TERMS 1. Legal Basis. This Agreement is entered into pursuant to Chapter 39.34 (the Interlocal Cooperation Act) and Chapter 86.15 RCW (Flood Control Zone Districts). 2. Purpose. The purpose of this agreement is for the District to grant the City funding up to $111,637 to assist with its implementation of the scope of work identified in Appendix A and advance the Reecer Creek Flood Hazard Reduction and Floodplain Restoration Project. 3. Term of Agreement. The term of this Agreement shall be from its effective date through December 31, 2021 or as otherwise agreed to by the parties as provided in Section 14 or terminated as provided in Section 16. 4. Payment. Payment shall be made on a reimbursable basis for costs incurred by the City to complete the scope of work identified in Exhibit A (Amendment to Professional Services Agreement between Aspect Consulting LLC and the City of Ellensburg). Costs incurred before the effective date of this agreement are eligible for reimbursement. Payment for satisfactory performance shall not exceed this amount unless the parties mutually agree in writing to a higher amount. 5. Billing Procedure. The City shall submit invoices monthly. Invoices are to be sent to: Kittitas County Department of Public Works, 411 North Ruby Street, Suite 1, Ellensburg, WA 98926, Attn: Arden Thomas, and will be paid within thirty (30) days of receipt by the District. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within thirty (30) days after the expiration date or termination of the Agreement, whichever is earlier. 6. Contract Management. The Agreement Administrator for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Agreement Administrator for the City of Ellensburg is: Mr. Jon Morrow, 501 North Anderson Street, Ellensburg, WA 98926. Telephone: 509-962-7007. The Agreement Administrator for the District is: Ms. Arden Thomas, 411 North Ruby Street, Suite 1, Ellensburg, WA 98926. Telephone: 509-962-7523. INTERLOCAL AGREEMENT FOR FLOOD CONTROL ZONE DISTRICT GR -N7r FUNDS 7. Maintenance of Record. Each party hereto agrees to maintain books, records and documents using accounting procedures which accurately reflect all direct and indirect costs related to the performance of services described herein. Each party may examine the other party's books and records to verify the accuracy of invoices. Each party's fiscal management system shall include the capability to provide accurate and complete disclosure of all costs invoiced under this Agreement. All books, records, documents and other materials relevant to this agreement will be retained for six years after expiration of the Agreement, and the Office of the State Auditor and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. S. Indemnification. Each party agrees to be responsible and assume liability for its own wrongful and/or negligent acts or omissions, or those of its officers, agents or employees to the fullest extent provided by the law, and fixrther agrees to save, indemnify, defend and hold harmless the other party from any and such liability arising out of the performance of this Agreement. In the case of negligence of more than one party, any damages allowed shall be levied in proportion to the percentage of the negligence attributable to each party. This indemnification paragraph shall survive the termination of this Agreement. 9. Assignment. This Agreement cannot be assigned, transferred or any portion subcontracted by either party hereto without the prior written consent of the other party, which consent shall not be reasonably withheld. 10. Future Support. Neither party to this Agreement makes any commitment to future support and assumes no obligation for future support of any activity contracted for herein, except as may be expressly set forth in this Agreement. 11. Compliance with Laws. Each party hereto, in its performance of this Agreement, agrees to comply with all applicable local, State and Federal laws and ordinances. 12. Relationship of the Parties. In the performance of the work herein contemplated (Exhibit A), the party performing the work is an independent contractor with the authority to control and direct the performance of the details of the work; however, the work contemplated herein shall be subject to the general rights of inspection and review of the party requesting the work be done, to secure the satisfactory completion thereof. INTERLOCAL AGREEMENT FOR FLOOD CONTROL ZONE DISTRICT GRANT FUNDS 13. Jurisdiction. Any legal dispute between the parties to this Agreement shall be governed by the laws of the State of Washington, and any action to enforce this Agreement shall be brought in Kittitas County, Washington. 14. Modification. The provisions of this Agreement may be modified or amended only by written mutual agreement of the parties, executed by personnel authorized to bind each of the parties. 15. Waiver. A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. 16. Termination. This Agreement shall remain in full force and effect until terminated on December 31, 2021, by mutual written agreement of the parties, or by written notice of termination given by one party to the other at least thirty (30) days prior to the date of such termination. 17. Agreement Not for Benefit of Third Parties. This Agreement is entered into solely for the benefit of the parties hereto and vests no rights in, or is it enforceable by, any third parties. 18. Severability. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. 19. Filing. This Agreement shall be filed with the Kittitas County Auditor, or, alternatively, listed by subject on each or either party's website or other electronically retrievable public source pursuant to Revised Code of Washington 39.34.040. INTERLOCAL AGREEMENT FOR FLOOD CONTROL ZONE DISTRICT GRANT FUNDS IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. Approved as to Form: City Attorney KITTITAS COUNTY Brett Wachsmith, Chairman Attest: Clerk of the Board INTERLOCAL AGREEMENT FOR FLOOD CONTROL ZONE DISTRICT GRANT FUNDS EXHIBIT A 3 Amendments to the Professional Services Agreement Between Aspect Consulting, LLC and the City of Ellensburg IlN'TERLOCAL AGREEMENT FOR FLOOD CONTROL ZONE DISTRICT GRANT FUNDS t As;oed IPCONSULTING Amendment to Professional Services Agreement Amendment No.: 1 Project No.: 200064 Date: July 6, 2020 Client: City of Ellensburg Project Name: Reecer Creek Floodplain Mapping and Levee Certification Support Services Description of Amendment Cost Aspect Consulting, LLC (Aspect) is providing this Amendment No. 1 in order to continue providing on-call Reecer Creek floodplain mapping and levee certification support services to the City of Ellensburg (Client). To date, Aspect's project work has included: • Reviewed flood mapping products from. the County's consultant (WSE). • Reviewed FEMA levee certification guidance, USCOE levee design standards, and FEMA levee freeboard reduction request guidance. • Developed a levee certification strategy for discussion with the City and Amendment No.1 Cost: f the County's floodplain mapping consultant, WSE. $15,000 • Held a conference call with WSE to review their flood mapping products, Aspects design products, the levee certification strategy, and data sharing and coordination goals. Total Revised • Held a conference call with the City to discuss the levee certification Agreement Section 5 strategy, the WSE meeting, and recommended next steps. • Transferred Aspect's Reecer Creek project data to WSE for updated modeling. $30,000 • Prepared a memo summarizing work conducted, coordination with WSE, levee certification strategy, and recommended next steps. • Continued to coordinate with WSE on the status of additional modeling. • Researched BPA regulations for work above the OHWL. Amendment No. 1 • Held a conference call with the City to refine the levee certification on a Time and Materials strategy, particularly related to the 1-90 tie-in. Basis according to the • Reviewed information regarding the 1-90 levee tie-in vicinity, the 1-90 bridge, Rate Schedule included and. the City's path through the bridge. as Exhibit C with the • Researched Corps standards for levee-floodwall transitions. original Agreement. • Developed 1-90 levee-floodwall tie-in schematics for discussion with the City. • Held a conference call with the City to discuss meeting with the County FCZD and likely future tasks necessary to obtain levee certification. • Scheduled another conference call with WSE (for June 291) � This amendment revises Section 5 and Exhibit D of the Professional Services Agreement between Aspect and the City (dated February 7th, 2020) to provide additional funding for Aspect to continue services as described in Task 1 of Exhibit A of the agreement. Expected services under this amendment include: additional conference calls/meetings with the City, County, and WSE; reviewing and commenting on WSE modeling products; additional coordination with FEMA; development of additional levee/road/swale modification concepts; and other related work. and Bainbridge Island 350 Madison Avenue North, Bainbridge Island, WA 98110 (206) 780-9370 Office: Bellingham 907 Harris Avenue, Suite 301, Bellingham, WA 98225 401 (360) 746-8954 Office: Seattle Office: Second Avenue S, Suite 201, Seattle, WA 98104 23 South (206) 328-7443 Wenatchee Office: Mission Avenue, Suite C, Wenatchee, WA 98801 123 East (509) 888-5766 Yakima Office: Yakima Avenue, Suite 200, Yakima, WA 98901 (509) 895-5957 www.aspectconsultirig.corr Amendment No. 1 Project No. 20064 ns: The 4biinwhed to contmue Task I is uncertain, therefore Aspect's work will be conducted on a flexible time and materials basis not to exceed the total amended budget without City approval. This change amends the agreement between .Aspect Consulting, LLC & the City of Ellensburg dated February T*, 2020. Except as amended above, all terms and conditions of the agreement apply to this contract change. E jjBy. -e ASPECT CONSULTING, LLC a limited liability company Printed Name: John Knutson, PE Office: Yak- a CLIENT 17TO."A04 Printed Name/D e: i G 74S 714.22MO Page 2 116 PY AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF ELLENSBURG AND ASPECT CONSULTING, LLC RELATING TO: Reecer Creek Floodplain Mapping and Levee Certification Support Services THIS TIME AND MATERIALS STANDARD BILLING RATE CONTRACT is made and entered into this 13th day of February, 2020 ("Effective Date"), by and between THE CITY OF ELLENSBURG, a Washington municipal corporation (hereinafter called the "CITY") and (ASPECT CONSULTING), a LLC authorized to do business in the state of Washington (hereinafter called the "CONSULTANT"). 1. RECITALS. 1.1. The CITY desires to obtain professional services for work related to the Reecer Creek Floodplain Mapping and Levee Certification Support Services project, 1.2. The CITY has solicited for such professional services as required by law, including RCW Chapter 39.80 if applicable. 1.3. CONSULTANT represents that it is available and able to provide qualified personnel and facilities necessary for the work and services contemplated herein, and can accomplish the work and services within the required time period and in accordance with CITY's specifications, WSDOT Standard Specifications (as applicable), and professional standards. 1.4. CONSULTANT agrees to perform the work and services specified herein in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows: 2. SCOPE OF WORK. 2.1. 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 ("Services"). 2.2. 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 12 of this Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 1 of 11 (PSA Form rev. 04119) Agreement. 2.3. The CONSULTANT agrees that all services performed under this Agreement shall be in accordance with the standards of the profession and in compliance with applicable federal, state and local laws. 2.4. The Scope of Work may be amended upon written approval of both parties. 3, TIME OF PERFORMANCE. The CONSULTANT may begin work upon the Effective Date of this Agreement by both parties, or the CITY's issuance of a Notice to Proceed, whichever is applicable, and the duration of the Agreement shall extend through February 26, 2021. The work shall be completed in accordance with the schedule set forth in the attached Exhibit B. 4. 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. 4.1. Payment shall be on the basis of the CONSULTANT'S standard billing rates multiplied by the actual hours worked as set forth in the attached Exhibit C. 4.2. 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. 4.3. The CITY shall review the invoices and make payment for the portion of the project or tasks that have been completed less the amounts previously paid. 4.4. 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. 4.5. Final payment for the balance due to the CONSULTANT will be made after the completion of the work and acceptance by the CITY. 4.6. Payment for "Extra Work" performed under Section 13 of this Agreement shall be as agreed to by the parties in writing. 4.7. The CITY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the Agreement for allowable unforeseen costs, or reimbursing the CONSULTANT for Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 2 of 11 (PSA Form rev. 04119) allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this Agreement. Such authorization(s) shall be in writing and shall not exceed the lesser of $15,000 or 10% of the Maximum Compensation as shown in Section 5 of this Agreement. The amount included for the Management Reserve Fund is $0.00. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section 12 — Extra Work. 5. MAXIMUM COMPENSATION. 5.1. 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 $15,000. This amount is the maximum amount to be paid under this Agreement and shall not be exceeded without prior written authorization from CITY in the form of a negotiated and executed amendment of this Agreement. 5.2. The budget for each task is as set forth in the attached Exhibit D. Budgets 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 the maximum amount per Section 5.1 above. 6. RELATIONSHIP OF PARTIES. 6.1. The relationship created by this Agreement is that of owner -independent contractor. Neither the CONSULTANT nor CONSULTANT's employees are employees of the CITY and are 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. No employee, agent, representative or subconsultant of CONSULTANT shall be or shall be deemed to be the employee, agent representative or subconsultant of the CITY. The CONSULTANT shall assume full responsibility for all wages, along with any Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax, payable as a result of work performed under this Agreement. 6.2. 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. On or before the Effective Date, CONSULTANT shall file, maintain and/or open all necessary records with the Internal Revenue Service and the Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 3 of 11 (PSA Form rev. 04119) State of Washington, and as may be required by RCW 51.08.195, to establish CONSULTANT's status as an independent contractor. 7. OWNERSHIP OF DOCUMENTS. Upon completion of the work and payment of CONSULTANT'S fee, 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. 8. RECORDS. As a public agency, the CITY is subject to the Public Records Act, Chapter 42.56 RCW (the "Act"). To the extent that CONSULTANT keeps records that are deemed public records and are needed for the CITY to respond to a request under the Act, as determined by the CITY, CONSULTANT agrees to make them promptly available to the CITY. Pursuant to Chapter 40.14 RCW, CONSULTANT shall retain records associated with this Agreement in accordance with the applicable retention schedule. CONSULTANT also agrees to indemnify and hold the CITY harmless from any claims or losses caused by CONSULTANT'S failure to make records available to the CITY as provided in this Agreement. 9. NONDISCRIMINATION. The CONSULTANT shall conduct its business in a manner, which assures fair, equal and non-discriminatory treatment of all persons, in particular: 9.1. 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, 9.2. 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, creed, color, religion, national origin, status as a military veteran, marital status, gender, sexual orientation, disability or other legally protected classification. 10. SUBCONTRACTING. 10.1. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. 10.2. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for work to be performed pursuant to a subcontractor, including procurement of materials and equipment, each potential subconsultant or supplier shall Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page4 of 11 (PSA Form rev. 04 19) be notified by the CONSULTANT of CONSULTANT's obligations under this Agreement, including the nondiscrimination requirements. 10.3. In performing this Agreement, the CONSULTANT shall not subcontract with or employ any CITY employee without the CITY's written consent. 11. SUPERVISION, INSPECTION AND PERFORMANCE. 11.1. Even though CONSULTANT is an independent contractor with the authority to control and direct the performance and details of the Services, the Services must meet the approval of CITY and shall be subject to CITY's general right of inspection and supervision to secure the satisfactory completion of this Agreement. 11.2. CONSULTANT represents that it has or will obtain all personnel necessary to perform the Services and that such personnel shall be qualified, experienced, and licensed as may be necessary or required by applicable laws and regulations to perform the Services. All Services shall be performed by CONSULTANT, its employees, or by subconsultants whose selection has been authorized by CITY; provided that CITY's authorization shall not relieve CONSULTANT or its subconsultants from any duties or obligations under this Agreement, or at law, to perform the Services in a satisfactory and competent manner. CONSULTANT shall ensure that all contractual duties, requirements and obligations that CONSULTANT owes to CITY shall also be owed to CITY by CONSULTANT's subconsultants retained to perform the Services. 11.3. CONSULTANT shall be responsible for the professional quality, technical adequacy, accuracy, timely completion, and coordination of the Services and all plans, designs, drawings, specifications, reports, and other work performed pursuant to this Agreement. CONSULTANT shall perform the Services in accordance with the standard of care of its profession in the same or similar localities at the time services are performed. CONSULTANT shall be responsible for the professional standards, performance, and actions of all persons and firms performing the Services under this Agreement. CONSULTANT shall, without additional compensation, correct any specific breach of a contractual obligation in the Services and revise any errors or omissions in any plans, designs, drawings, specifications, reports, and other products prepared under this Agreement. 12. CHANGES IN WORK. Other than changes directed by the CITY as set forth in Section 1 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. 13. 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 Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 5 of 11 (PSA Form rev. 04119) Agreement. The CITY shall not be responsible for paying for such extra work unless and until the written supplement is executed by both parties. 14. TERMINATION. 14.1. The CITY may terminate this Agreement in whole or in part whenever the CITY determines, in its sole discretion that such termination is in the best interests of the CITY, 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. 14.2. The CITY may terminate this Agreement, in whole or in part and at any time, in writing if CONSULTANT substantially fails to fulfill any or all of its material obligations through no fault of CITY. If CITY terminates all or part of this Agreement for default, CITY shall determine the amount of Services satisfactorily performed to the date of termination and the amount owing to CONSULTANT using the criteria set forth below; provided that (a) no amount shall be allowed for anticipated profit on unperformed Services or other work, and (b) any payment due to CONSULTANT at the time of termination may be adjusted to the extent of any additional costs CITY incurs or will incur because of CONSULTANT's default. In such event, CITY shall consider the actual costs incurred by CONSULTANT in performing the Services to the date of termination, the amount of Services originally required which was satisfactorily completed to the date of termination, whether the Services or deliverables were in a form or of a type which is usable and suitable to CITY at the date of termination, the cost to CITY of either completing the Services itself or employing another firm to complete the Services in addition to the inconvenience and time which may be required to do so, and other factors which affect the value to CITY of the Services performed to the date of termination. Under no circumstances shall payments made under this provision exceed the Schedule of Charges. This provision shall not preclude CITY from filing claims and/or commencing litigation to secure compensation for damages incurred beyond that covered by withheld payments. 14.3. 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 portion of work completed. Whenever the Agreement is terminated in accordance with this Section 14, the CONSULTANT shall be entitled to payment for actual work performed up to the termination date. Upon such termination, whether for convenience or default, an equitable adjustment in the contract price will be made by the CITY for partially completed items of work, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination under this Section 14 shall not constitute a breach of the Agreement by the CITY 15. INDEMNIFICATION/HOLD HARMLESS. Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 6 of 11 (PSA Form rev. 04119) 15.1. The indemnification and defense obligations specified in this Section 15 ("Indemnity Obligations") have been mutually negotiated and shall survive the expiration, abandonment, or termination of this Agreement. The Indemnity Obligations shall extend to claims that are not reduced to a suit and to any claims that may be compromised prior to the culmination of any litigation or the institution of any litigation. Inspection, acceptance or payment by CITY of or for any Services performed by CONSULTANT shall not be grounds for avoidance of any Indemnity Obligations. 15.1.1. Professional errors and omissions. For any losses that arise from any error, omission, negligence or other malpractice in the exercise of CONSULTANT's professional judgment in the performance of architectural, landscape architectural, engineering, or land surveying services such that RCW 4.24.115 would apply, CONSULTANT shall defend, indemnify, and hold the CITY harmless from all such losses to the extent caused by any violation of law, including state, federal or municipal law or ordinance, or negligent act, omission, breach of contract, or willful or intentional misconduct of CONSULTANT. The obligation of indemnity under this subparagraph does not, however, extend to losses caused by the negligence (whether sole, concurrent or contributory) of the CITY_ 15.1.2. Construction claims. In the event that this Agreement is relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of any building, highway, road, excavation, or other structure, project, development, or improvement attached to real estate (specifically including moving or demolition in connection therewith) and therefore subject to RCW 4.24.115, CONSULTANT shall defend, indemnify and hold harmless the CITY from all losses to the extent caused by any violation of law, including state, federal or municipal law or ordinance, or any negligent act or omission of CONSULTANT. The obligation of indemnity under this Subparagraph does not, however, extend to losses caused by the negligence (whether sole, concurrent or contributory) of the CITY. 15.2. In any and all claims against the CITY by any employee of CONSULTANT, the indemnification obligations set forth above shall not be limited in any way by any limitation on the amount or type of damages or compensation benefits payable by or for CONSULTANT under the applicable worker's or workmen's compensation, benefit, or disability laws (including but not limited to, the Industrial Insurance laws, Title 51 of the Revised Code of Washington). CONSULTANT expressly waives any immunity CONSULTANT might have under such laws, and, by entering into this Agreement, acknowledges that this waiver has been mutually negotiated. 16. INSURANCE. 16.1. 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. Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 7 of 11 (PSA Form rev. 04119) 16.2. 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. 16.3. Minimum Scope of Insurance. CONSULTANT shall obtain insurance of the types described below: 16.3.1. 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 contract liability coverage; and, 16.3.2. 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 or added as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the CITY; and, 16.3.3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington; and 16.3.4. Professional Liability insurance appropriate to the CONSULTANT's profession. 16.4. Minimum Amounts of Insurance. CONSULTANT shall maintain the following insurance limits: 16.4.1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 16.4.2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 16.4.3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. 16.5. 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: 16.5.1. The CONSULTANT's insurance coverage shall be primary insurance with respect to the CITY. Any insurance, self-insurance, or insurance pool coverage maintained by the CITY shall be excess of the CONSULTANT's insurance Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 8 of 11 (PSA Form rev. 04/19) and shall not contribute with it. 16.5.2. 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. 16.5.3. Any payment of deductible or self-insured retention shall be the sole responsibility of the CONSULTANT. 16.5.4. 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 insurers liability. 16.6. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 16.7. 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. 16.8. Cancelation. CONSULTANT will provide notice to the CITY of any cancelation of coverage by no later than three (3) days after CONSULTANT is notified by its insurer that coverage will or has been canceled, whichever occurs earliest. 17. APPLICABLE LAWNENUE. 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 Kittitas County. 18. NOTICE. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, or at such other address as given pursuant to this Section, and shall be effective on the next business day if sent by registered or certified mail or deposited with an overnight delivery service. City of Ellensburg Department of Stormwater Attention: Jon Morrow 501 N. Anderson Ellensburg, WA 98926 ASPECT Consulting LLC Attention: John Knutson 123 East Yakima Avenue Suite 200 Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 9 of 11 (PSA Form rev. 04119) Yakima, WA 98902 19. ENTIRE AGREEMENT. The written terms and provisions of this Agreement, together with all referenced Exhibits, supersede all prior vcrbal statements of any officer or other representative of CITY, and such statements shall not be effective or be construed as entering into or forming a part of, or altering in any manner whatsoever, this Agreement. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the referenced Exhibits. 20. PRIORITY OF DOCUMENTS. In the event that the language and provisions of this Agreement are contrary to or conflict with any language or provisions set forth in any exhibit to this Agreement, the language and provisions of this Agreement shall control, and the contrary or conflicting language or provisions of the exhibit(s) shall be disregarded and shall be considered void. 21. MODIFICATION. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of CITY and CONSULTANT. 22. ASSIGNMENT. Any assignment of this Agreement by CONSULTANT without the prior written consent of CITY shall be void. 23. WAIVER. A waiver of any breach by either party shall not constitute a waiver of any subsequent breach. 24. THIRD -PARTY BENEFICIARIES. There are no third -party beneficiaries to this Agreement. 25. 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 — Schedule for the Work Exhibit C Consultant Labor Costs and Non -salary Reimbursable Costs Exhibit D — Budget for Each Task IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 10 of 11 (PSA Form rev. 04119) CONSULTANT: THE CITY OF ELLENSBURG: .� By. Y� Printed N a m e g 171 E N Title: B Printed Name: John Knutson, PE ATTEST Title: Principal Water Resources X4,01 Engineer Cie k Tax ID#: 91-2149055 Approved as to Form: City Attorney Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 11 of 11 (PSA Form rev. 04119) Exhibit A Scope of Work REECER CREEK FLOODPLAIN MAPPING AND LEVEE CERTIFICATION SUPPORT SERVICES Scope of Work Aspect Consulting LLC, February 4th, 2020 Background Aspect Consulting, LLC (Aspect) has been selected by the City of Ellensburg to provide support services related to floodplain mapping and the potential certification of set -back levees along Reecer Creek. The Kittitas County Flood Control Zone District (FCZD) is completing a flood mapping project that includes lower Reecer Creek. The County's flood model does not currently include floodplain changes north of Dolarway Road that are being designed by the City, specifically a set -back levee, bridge, and network of floodplain swales. It is important for the County's flood mapping project to be coordinated with, and account for the City's planned improvements in the area. In addition, FEMA's levee certification standards have changed since the lower Reecer Creek levee was constructed. The new standards affect how the existing and planned levees will be included in the FCZD's flood model and whether they will be formally recognized by FEMA and the National Flood Insurance Program (NFIP) as providing protection during a 900 -year flood to lands outside the levees. City coordination with the FCZD and FEMA along with a systematic review of the levee standards, elevations, and tie-in locations is needed to identify and quantify changes that may be needed to meet current levee certification standards. Phased Support Services Aspect recommends a phased approach for the floodplain mapping and levee certification support services: The initial phase will involve: coordinating with the City, FCZD, and FEMA regarding levee construction and certification standards, modeling methods, planned improvements; and potential changes needed to meet FEMA's standards. This phase will also involve providing levee, bridge, and floodplain swale design information to the FCZD and interactions with the FCZD and their consultant regarding updated flood modeling approaches and results. 2. A second phase would involve assembling or developing data and documentation to support a request to FEMA for a modification of normal riverine levee freeboard standards and final determination of design changes to the existing and planned levees and related structures to meet FEMA's standards. 3. Work under subsequent phase(s), if any, will depend on the results and recommendations from the initial two phases and decisions by the City. Subsequent phase work could involve Aspect's support for additional technical investigations, coordination with the County FCZD and their consultant regarding final flood map revisions, additional meetings with the City and/or FCZD, etc. Reecer Creek Floodplain Mapping and Levee Certification Suppo, - SGope o:' Work Page 11 Exhibit A — Scope of Work Scope of Work Aspect's scope of worK for Phase 1 of work is provided below. Project management activities such as quality control, budget monitoring, invoicing, status reports, and status communications with the City project manager, are included in the task. Task 1: Phase 1 Support Services Aspect will: 1.1 Coordinate with the City, County FCZD, and FCZD's flood mapping consultant during Phase 1 work. This may involve meetings, phone calls, teleconferences, and emails. 1.2 Review documentation about the existing lower Reecer Creek levee construction standards and estimated freeboard under proposed conditions. Also review recent changes to FEMA's floodplain mapping and levee certification standards. 1.3 Obtain and review background data and information from the FCZD's flood mapping consultant to about how the recent draft Reecer Creek floodplain maps were generated. 1.4 Coordinate with the City, FCZD, and FEMA regarding levee construction and certification standards, modeling methods, planned improvements; and potential changes and approaches needed to meet FEMA's standards. 1.5 Provide the City's levee, bridge, and floodplain swale design information to the FCZD and interact with the FCZD and their consultant regarding updated flood modeling approaches and results. This includes iterative review of updated modeling results and related discussions with the FCZD and their consultant. 1.6 Itemize key flood mapping and levee certification issues along with recommended follow-up actions to address them. 1.7 Prepare a memorandum describing Aspect's findings and recommendations. 1.8 Meet with the City to review and discuss the findings and the need for any follow-up work. Task 1 Deliverables • Phase 1 Reecer Creek Floodplain Mapping and Levee Certification Support Services Memorandum (pdf format), Task 1 � ssui,.%pirko s • City staff are available to help gather data and/or provide GIS products during Phase 7 work. • The amount of work involved in Phase 1 is uncertain, therefore Aspect's work will be conducted on a flexible time and materials basis not to exceed an initial budget of $15, 000 without City approval. Depending on the actual amount of work needed during Phase 9, the budget may need to be supplemented. Aspect's standard 2020 Schedule of Charges will be used. ,t�lr Creek Floodplain Mapping and Levee Certification Support - Scope of Work Page 12 Exhibit B Schedule Schedule Aspect will commence work upon receiving notice to proceed from the City. Completion of the work is dependent upon agencies and entities outside Aspect's control therefore preparing a firm completion schedule is not possible. However, Aspect will strive to complete Phase 1 and any authorized subsequent phases within approximately one year. Reecer Creek Floodplain Mapping and Levee Certification Support - Schedule Page I ; ExNUt C — Rate ScheduDe .Aspect SCHEDULE OF CHARGES CONSULTING Weave January 2020 Unless otherwise stated ir the proposal or services agreement, current rates are as follows: $215 PERSONNEL CHARGES: ENGINEERS, SCIENTISTS, AND �f3�.L`';-' I' Hourly Rafe Principals and Associates $188 Prindpal Sclentlst/Engineer/Analyst 2 $2653 Principal Sdentlst/Engineer/Analyst 1 $249 Sr. Assodate Scientist/Engineer/Analyst $230 Associate Scien`ust/Englneer/Analyst $215 Technic& Professionals $125 Senior SclenWEngineer/Analyst 3 $215 Senior Sclentlst/Englneer/Analyst 2 Senior Sdentlst/Englneer/Analyst 1 $188 Project 5dentlst/Englneer/AroW 3 $173 Project SdendWEngineer/Analyst 2 $160 Projed Sdent *Engineer/Analyst 1 $150 Stall Scienlist/Englneer/Analyst 3 $136 Stall SdenVsVEnglreer/Analyst 2 $125 Staff Sclentlst/Engineer/Analyst 1 $116 PERSONNEL CHARGES: TECHNICAL AND PROJECT SUPPORT STAFF Held/Construction Staff Reid/Construction Supervisor Field Technician 2 Field Technician 1 Design. CAD, and Graphics Staff Engineering Designer Sr. CAD Technician/Speclallst CAD Technician Technical Editing and Project Operations Sr. Technical Editor Technical Editor / Project Coordinator 3 Project Coordinator 2 Project Coordinator 1 PERSONNEL CHARGES: TECHNOLOGY AND SOFTWARE DEVELOPMENI- Sr. Technology Project Manager Technology Project Manager Senior Software/Database Architect/Developer Software/Database Architect/Developer OTHER D1SBURSEMENT CHARGES Legal Testimony €4 -hour minimum) Mileage Subcontractors and Miscel!aneous Expenses otherequippmerry rentals, and expenses wld be provided on a perjob Basis. Hourly Rate $128 $104 $97 $150 $135 5119 $120 $109 $101 $96 Hourly Rafe $224 $208 $213 $187 $350/hr Federal Gov Rate Plus 15% Cost Plus 13% Client acknowledges that Aspect will adjust the Schedule of Charges annually, and that the Agreement Mt remain valid for any and all annually adjusted Schedule of Charges. Reecer Creek Floodplain Mapping and Levee Certirication Support — Rate Schedule Page 1 1 Exhibit D --- Task Budget Tocir Tima and Maforiaic Riwino4 Task 1: Phase 1 Support Services $15,000 Reecer Creek Floodplain Mapping and Levee Certification Support — Task Budget Page 11 CONSULTING Amendment to Pirr®fessional Services Agreement Amendment No.: 1 Project No.: 200064 Date: July 6, 2020 Client: City of Ellensburg Project Name. Reecer Creek Floodplain Mapping and Levee Certification Support Services Description of Amendment Cost Aspect Consulting, LLC (Aspect) is providing this Amendment No. 1 in order to 123 East Yakima Avenue, Suite 200, Yakima, WA 98901 continue providing on-call Reecer Creek floodplain mapping and levee certification support services to the City of Ellensburg (Client), To date, Aspect's project work has included: o Reviewed flood mapping products from the County's consultant (WSE). • Reviewed FEMA levee certification guidance, USCOE levee design standards, and FEMA levee freeboard reduction request guidance. • Developed a levee certification strategy for discussion with the City and the Amendment No. l Cost: County's floodplain mapping consultant, WSE. $15,000 e Held a conference call with WSE to review their flood mapping products, Aspects design products, the levee certification strategy, and data sharing and coordination goals. Total Revised • Held a conference call with the City to discuss the levee certification strategy, Agreement Section 5 the WSE meeting, and recommended next steps. and Exhibit D Cost:$30 c Transferred Aspect's Reecer Creek project data to WSE for updated modeling. 000 ' • Prepared a memo summarizing work conducted, coordination with WSE, levee certification strategy, and recommended next steps. • Continued to coordinate with WSE on the status of additional modeling. Amendment No, 1 • Researched HPA regulations for work above the OHWL. Services Will Be Billed • Held a conference call with the City to refine the levee certification strategy, on a Time and Materials Basis according to the particularly related to the 1-90 tie-in, Rate Schedule included • Reviewed information regarding the 1-90 levee tie-in vicinity, the 1-90 bridge, as Exhibit C with the and the City's path through the bridge. original Agreement. • Researched Corps standards for levee-floodwall transitions. • Developed 1-90 levee-floodwall tie-in schematics for discussion with the City, • Held a conference call with the City to discuss meeting with the County FCZD and likely future tasks necessary to obtain levee certification. • Scheduled another conference call with WSE (for June 29`h). This amendment revises Section 5 and Exhibit D of the Professional Services Agreement between Aspect and the City (dated February 71h, 2020) to provide additional funding for Aspect to continue services as described in Task 1 of Exhibit A of the agreement. Expected services under this amendment include: additional conference calls/meetings with the City, County, and WSE; reviewing and commenting on WSE modeling products; additional coordination with FEMA; development of additional levee/road/swale modification concepts; and other related work. Bainbridge Island Office: Bellingham Office: Seattle Office; Wenatchee Office: Yakima Office: 350 Madison Avenue North, Bainbridge Island, WA 98110 (206) 780-9370 907 Harris Avenue, Suite 301, Bellingham, WA 98225 (360) 746-8984 401 Second Avenue S, Suits 201, Seattle, WA 98104 {206} 328-7443 23 South Mission Avenue, Suite C, Wenatchee, WA 98801 {509) 888-5766 123 East Yakima Avenue, Suite 200, Yakima, WA 98901 (509) 895-5957 wvvw.aspeetconsulting.com Amendment No. 1 Project No. 20064 Assumptions: The effort involved to continue Task 1 is uncertain, therefore Aspect's work will be conducted on a flexible time and materials basis not to exceed the total amended budget without City approval. This change amends the agreement between Aspect Consulting, LLC & the City of Ellensburg dated February 7"', 2020. Except as amended above, all terms and conditions of the agreement apply to this contract change. BY'. ASPECT CONSULTING, LLC Printed Name: John Knutson, PE a r#n#ed liability company Principal Water Reso4fceyfngineer Office: Ya ' a By: CLIENT Printed Name1D e: it Page 2 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF EiLLENSBURG AND ASPECT CONSULTING, LLC RELATING TO. Reecer Creek. Floodplain Mapping and Levee Certification Support Services THIS TIME AND MATERIALS STANDARD BILLING RATE CONTRACT is made and entered into this 131h day of February, 2020 ("Effective Date'), by and between THE CITY OF ELLENSBURG, a Washington municipal corporation (hereinafter called the "CITY") and (ASPECT CONSULTING), a LLC authorized to do business in the state of Washington (hereinafter called the "CONSULTANT"). RECITALS. 1.1. The CITY desires to obtain professional services for work related to the Reecer Creek Floodplain Mapping and Levee Certification Support Services project. 1.2. The CITY has solicited for such professional services as required by law, including RCW Chapter 39.80 if applicable. 1.3. CONSULTANT represents that it is available and able to provide qualified personnel and facilities necessary for the work and services contemplated herein, and can accomplish the work and services within the required time period and in accordance with CITY's specifications, WSDOT Standard Specifications (as applicable), and professional standards. 1.4. CONSULTANT agrees to perform the work and services specified herein in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows: 2. SCOPE OF WORK. 2.1. 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 ("Services"). 2.2. 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 12 of this Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Pagel of 9 9 (PSA Farm rev. 64119) Agreement. 2.3. The CONSULTANT agrees that all services performed undor this Agreement shall be in accordance with the standards of the profession and in compliance with applicable federal, state and local laws. 2.4. The Scope of Work may be amended upon written approval of both parties. 3. TIME OF PERFORMANCE. The CONSULTANT may begin work upon the Effective Date of this Agreement by both parties, or the CITY's issuance of a Notice to Proceed, whichever is applicable, and the duration of the Agreement shall extend through February 26, 2021. The work shall be completed in accordance with the schedule set forth in the attached Exhibit B. 4. 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. 4.1. Payment shall be on the basis of the CONSULTANT'S standard billing rates multiplied by the actual hours worked as set forth in the attached Exhibit C. 4.2. 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. 4.3. The CITY shall review the invoices and make payment for the portion of the project or tasks that have been completed less the amounts previously paid. 4.4. 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. 4.5. Final payment for the balance due to the CONSULTANT will be made after the completion of the work and acceptance by the CITY. 4.6. Payment for "Extra Work" performed under Section 13 of this Agreement shall be as agreed to by the parties in writing. 4.7. The CITY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the Agreement for allowable unforeseen costs, or reimbursing the CONSULTANT for Professional Services Agreement for Reecer Creels Floodplain Mapping and Levee Certification Support Page 2of11 (PSA Form rev. 04119) allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this Agreement. Such authorization(s) shall be in writing and shall not exceed the lesser of $15,000 or 10% of the Maximum Compensation as shown in Section 5 of this Agreement. The amount included for the Management Reserve Fund is $0.00. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section 12 — Extra Work. 5. MAXIMUM COMPENSATION. 6.1- 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 $15,000. This amount is the maximum amount to be paid under this Agreement and shall not be exceeded without prior written authorization from CITY in the form of a negotiated and executed amendment of this Agreement. 5.2. The budget for each task is as set forth in the attached Exhibit D. Budgets 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 the maximum amount per Section 5.1 above. 6. RELATIONSHIP OF PARTIES. 6.1. The relationship created by this Agreement is that of owner -independent contractor. Neither the CONSULTANT nor CONSULTANT's employees are employees of the CITY and are 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. No employee, agent, representative or subconsultant of CONSULTANT shall be or shall be deemed to be the employee, agent representative or subconsultant of the CITY. The CONSULTANT shall assume full responsibility for all wages, along with any Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax, payable as a result of work performed under this Agreement. 6.2. 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 actor 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. On or before the Effective Date, CONSULTANT shall file, maintain and/or open all necessary records with the Internal Revenue Service and the Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 3 of 11 (PSA Forth rev. U4I79) State of Washington, and as may be required by RCW 51.08.195, to establish CONSULTANT's status as an independent contractor. 7. OWNERSHIP OF DOCUMENTS. Upon completion of the work and payment of CONSULTANT'S fee, 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. S. RECORDS. As a public agency, the CITY is subject to the Public Records Act, Chapter 42.56 RCW (the "Act"). To the extent that CONSULTANT keeps records that are deemed public records and are needed for the CITY to respond to a request under the Act, as determined by the CITY, CONSULTANT agrees to make them promptly available to the CITY. Pursuant to Chapter 40.14 RCW, CONSULTANT shall retain records associated with this Agreement in accordance with the applicable retention schedule. CONSULTANT also agrees to indemnify and hold the CITY harmless from any claims or losses caused by CONSULTANT'S failure to make records available to the CITY as provided in this Agreement. 9. NONDISCRIMINATION. The CONSULTANT shall conduct its business in a manner, which assures fair, equal and non-discriminatory treatment of all persons, in particular: 9.1. 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 opportunitylaf rmative action requirements; and, 9.2. 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, creed, color, religion, national origin, status as a military veteran, marital status, gender, sexual orientation, disability or other legally protected classification. 10. SUBCONTRACTING. 10.1. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. 10.2. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for work to be performed pursuant to a subcontractor, including procurement of materials and equipment, each potential subconsultant or supplier shall Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 4 of 11 (PSA Form rev, 04!99) be notified by the CONSULTANT of CONSULTANT's obligations under this Agreement, including the nondiscrimination requirements. 10.3. In performing this Agreement, the CONSULTANT shall not subcontract With or employ any CITY employee without the CITY's written consent. 't1. SUPERVISION, INSPECTION AND PERFORMANCE. 11.1. Even though CONSULTANT is an independent contractor with the authority to control and direct the performance and details of the Services, the Services must meet the approval of CITY and shall be subject to CITY's general right of inspection and supervision to secure the satisfactory completion of this Agreement. 11.2. CONSULTANT represents that it has or will obtain all personnel necessary to perform the Services and that such personnel shall be qualified, experienced, and licensed as may be necessary or required by applicable laws and regulations to perform the Services. All Services shall be performed by CONSULTANT, its employees, or by subconsultants whose selection has been authorized by CITY; provided that CITY's authorization shall not relieve CONSULTANT or its subconsultants from any duties or obligations under this Agreement, or at law, to perform the Services in a satisfactory and competent manner. CONSULTANT shall ensure that all contractual duties, requirements and obligations that CONSULTANT owes to CITY shall also be owed to CITY by CONSULTANT's subconsultants retained to perform the Services. 11.3. CONSULTANT shall be responsible for the professional quality, technical adequacy, accuracy, timely completion, and coordination of the Services and all plans, designs, drawings, specifications, reports, and other work performed pursuant to this Agreement. CONSULTANT shall perform the Services in accordance with the standard of care of its profession in the same or similar localities at the time services are performed. CONSULTANT shall be responsible for the professional standards, performance, and actions of all persons and firms performing the Services under this Agreement. CONSULTANT shall, without additional compensation, correct any specific breach of a contractual obligation in the Services and revise any errors or omissions in any plans, designs, drawings, specifications, reports, and other products prepared under this Agreement. 12. CHANGES IN WORK. Other than changes directed by the CITY as set forth in Section 1 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. 13. 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 Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 5 of 11 (PSA Form rev. 44119) Agreement. The CITY shall not be responsible for paying for such extra work unless and until the written supplement is executed by both parties. 14. TERMINA INON. 14.1. The CITY may terminate this Agreement in whole or in part whenever the CITY determines, in its sole discretion that such termination is in the best interests of the CITY, 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. 14.2. The CITY may terminate this Agreement, in whole or in part and at any time, in writing if CONSULTANT substantially fails to fulfill any or all of its material obligations through no fault of CITY. If CITY terminates all or part of this Agreement for default, CITY shall determine the amount of Services satisfactorily performed to the date of termination and the amount owing to CONSULTANT using the criteria set forth below; provided that (a) no amount shall be allowed for anticipated profit on unperformed Services or other work, and (b) any payment due to CONSULTANT at the time of termination may be adjusted to the extent of any additional costs CITY incurs or will incur because of CONSULTANT's default In such event, CITY shall consider the actual costs incurred by CONSULTANT in performing the Services to the date of termination, the amount of Services originally required which was satisfactorily completed to the date of termination, whether the Services or deliverables were in a form or of a type which is usable and suitable to CITY at the date of termination, the cost to CITY of either completing the Services itself or employing another firm to complete the Services in addition to the inconvenience and time which may be required to do so, and other factors which affect the value to CITY of the Services performed to the date of termination. Under no circumstances shall payments made under this provision exceed the Schedule of Charges. This provision shall not preclude CITY from filing claims and/or commencing litigation to secure compensation for damages incurred beyond that covered by withheld payments. 14.3. 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 portion of work completed. Whenever the Agreement is terminated in accordance with this Section 14, the CONSULTANT shall be entitled to payment for actual work performed up to the termination date. Upon such termination, whether for convenience or default, an equitable adjustment in the contract price will be made by the CITY for partially completed items of work, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination under this Section 14 shall not constitute a breach of the Agreement by the CITY 15. INDEMNIFICATION/HOLD HARMLESS Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 6 of 11 (PSA Form rev. 04119) 15.1. The indemnification and defense obligations specified in this Section 15 ("Indemnity Obligations") have been mutually negotiated and shall survive the expiration, abandonment, or termination of this Agreement. The Indemnity Obligations shall extend to claims that are not reduced to a suit and to any claims that may be compromised prior to the culmination of any litigation or the institution of any litigation. Inspection, acceptance or payment by CITY of or for any Services performed by CONSULTANT shall not be grounds for avoidance of any Indemnity Obligations. 15.1.1. Professional errors and omissions. For any losses that arise from any error, omission, negligence or other malpractice in the exercise of CONSULTANT's professional judgment in the performance of architectural, landscape architectural, engineering, or land surveying services such that RCW 4.24.115 would apply, CONSULTANT shall defend, indemnify, and hold the CITY harmless from all such losses to the extent caused by any violation of law, including state, federal or municipal law or ordinance, or negligent act, omission, breach of contract, or willful or intentional misconduct of CONSULTANT. The obligation of indemnity under this subparagraph does not, however, extend to losses caused by the negligence (whether sole, concurrent or contributory) of the CITY. 15.1.2. Construction claims. In the event that this Agreement is relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of any building, highway, road, excavation, or other structure, project, development, or improvement attached to real estate (specifically including moving or demolition in connection therewith) and therefore subject to RCW 4.24.115, CONSULTANT shall defend, indemnify and hold harmless the CITY from all losses to the extent caused by any violation of law, including state, federal or municipal law or ordinance, or any negligent act or omission of CONSULTANT. The obligation of indemnity under this Subparagraph does not, however, extend to losses caused by the negligence (whether sole, concurrent or contributory) of the CITY. 15.2. In any and all claims against the CITY by any employee of CONSULTANT, the indemnification obligations set forth above shall not be limited in any way by any limitation on the amount or type of damages or compensation benefits payable by or for CONSULTANT under the applicable worker's or workmen's compensation, benefit, or disability laws (including but not limited to, the Industrial Insurance laws, Title 51 of the Revised Code of Washington). CONSULTANT expressly waives any immunity CONSULTANT might have under such laws, and, by entering into this Agreement, acknowledges that this waiver has been mutually negotiated. 16. INSURANCE. 16.1. 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. Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 7ofII (PSA Form rev. 04119) 16.2. 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. 16.3. Minimum Scope of Insurance. CONSULTANT shall obtain insurance of the types described below: 16.3.1. 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 contract liability coverage; and, 16.3.2. 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 or added as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the CITY; and, 16.3.3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington; and 16.3.4. Professional Liability insurance appropriate to the CONSULTANT's profession. 16.4. Minimum Amounts of Insurance. CONSULTANT shall maintain the following insurance limits: 16.4.1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 16.4.2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 16.4.3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. 16.6. 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: 16.5.1. The CONSULTANT's insurance coverage shall be primary insurance with respect to the CITY. Any insurance, self-insurance, or insurance pool coverage maintained by the CITY shall be excess of the CONSULTANT's insurance Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 8 of 11 (PSA Form rev. 0419 B) and shall not contribute with it. 16.5.2. 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. 16.5.3. Any payment of deductible or self-insured retention shall be the sole responsibility of the CONSULTANT. 16.5.4. 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. 16.6. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 16.7. Verification of Coverage. CONSULTANT shall famish 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. 16.8. Cancelation. CONSULTANT will provide notice to the CITY of any cancelation of coverage by no later than three (3) days after CONSULTANT is notified by its insurer that coverage will or has been canceled, whichever occurs earliest. 17. APPLICABLE LAWNENUE. 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 Kittitas County. 18. NOTICE. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, or at such other address as given pursuant to this Section, and shall be effective on the next business day if sent by registered or certified mail or deposited with an overnight delivery service. City of Ellensburg Department of Stormwater Attention: Jon Morrow 501 N. Anderson Ellensburg, WA 98926 ASPECT Consulting LLC Attention: John Knutson 123 East Yakima Avenue Suite 200 Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 9of11 (PSA Form rev. 04119) Yakima, WA 98902 19. ENTIRE AGREEMENT. The written terms and provisions of this Agreement, together with all referenced Exhibits, supersede all prior verbal statements of any officer or other representative of CITY, and such statements shall not be effective or be construed as entering into or forming a part of, or altering in any manner whatsoever, this Agreement. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the referenced Exhibits. 20. PRIORITY OF DOCUMENTS. In the event that the language and provisions of this Agreement are contrary to or conflict with any language or provisions set forth in any exhibit to this Agreement, the language and provisions of this Agreement shall control, and the contrary or conflicting language or provisions of the exhibit(s) shall be disregarded and shall be considered void. 29. MODIFICATION. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of CITY and CONSULTANT. 22. ASSIGNMENT. Any assignment of this Agreement by CONSULTANT without the prior written consent of CITY shall be void. 23. WAIVER. A waiver of any breach by either party shall not constitute a waiver of any subsequent breach, 24. THIRD -PARTY BENEFICIARIES. There are no third -party beneficiaries to this Agreement. 25. 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 - Schedule for the Work Exhibit C — Consultant Labor Costs and Non -salary Reimbursable Costs Exhibit D — Budget for Each Task IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 10 of 11 (PSA Form rev. 04119) CONSULTANT: THE CITY OF ELLENSBURG: By: By: Printed Name:__, i& 4.yyj,<1 Printed Name: John Knutson, PE Title: "Ar'G `t'e-ffd--s vf/ Title: Principal Water Resources Engineer "(D ATTES , IQ� Tax ID#: 91-2149055 Cle k Appr aced as to Form: City Attorney Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 11 of 11 (PSA Form rev. 09119) Exhibit A — Scope of Mork REECER CREEK FLCODPLAIH MAPPING AND LEVEE CERTIFICAT!0R9 SUPPORT SERVICES Scope of Work Aspect Consulting LLC, February 4th, 2020 Background Aspect Consulting, LLC (Aspect) nas been selected by the City of Ellensburg to provide support services related to floodplain mapping and the potential certification of set -back levees along Reecer Creek. The Kittitas County Flood Control Zone District (FCZD) is completing a flood mapping project that includes lower Reecer Creek.. The County's flood model does not currently include floodplain changes north of Dolarway Road that are being designed by the City, specifically a set -back levee, bridge, and network of floodplain swales. It is important for the County's flood mapping project to be coordinated with, and account for the City's planned improvements in the area. In addition, FEMA's levee certification standards have changed since the lower Reecer Creek levee was constructed. The new standards affect how the existing and planned levees will be included in the FCZD's flood model and whether they will be formally recognized by FEMA and the National Flood Insurance Program (NFIP) as providing protection during a 100 -year flood to lands outside the levees. City coordination with the FCZD and FEMA along with a systematic review of the levee standards, elevations, and tie-in locations is needed to identify and quantify changes that may be needed to meet current levee certification standards. Phased Support Services Aspect recommends a phased approach for the floodplain mapping and levee certification support services: 1. The initial phase will involve: coordinating with the City, FCZD, and FEMA regarding levee construction and certification standards, modeling methods, planned improvements; and potential changes needed to meet FEMA's standards. This phase will also involve providing levee, bridge, and floodplain Swale design information to the FCZD and interactions with the FCZD and their consultant regarding updated flood modeling approaches and results. 2. A second phase would involve assembling or developing data and documentation to support a request to FEMA for a modification of normal riverine levee freeboard standards and final determination of design changes to the existing and planned levees and related structures to meet FEMA's standards. 3. Work under subsequent phase(s), if any, will depend on the results and recommendations from the initial two phases and decisions by the City. Subsequent phase work could involve Aspect's support for additional technical investigations, coordination with the County FCZD and their consultant regarding final flood map revisions, additional meetings with the City and/or FCZD, etc. Reecer Creek Floodplain Mapping and Levee Certification Support - Scope of Work Page 11 Exhibit A — Scope of Work Scope of Work. Aspect's scope of work for Phase 1 of work is provided below. Project management activities such as quality control, budget monitoring, invoicing, status reports, and status communications with the City project manager, are included in the task. Task 1. Phase I Support Services Aspect will; 1.1 Coordinate with the City, County FCZD, and FCZD's flood mapping consultant during Phase 1 work. This may involve meetings, phone calls, teleconferences, and emails. 1.2 Review documentation about the existing lower Reeder Creels levee construction standards and estimated freeboard under proposed conditions. Also review recent changes to FEMA's floodplain mapping and levee certification standards. 1.3 Obtain and review background data and information from the FCZD's flood mapping consultant to about how the recent draft Reecer Creek floodplain maps were generated. 1.4 Coordinate with the City, FCZD, .and FEMA regarding levee construction and certification standards, modeling methods, planned improvements; and potential changes and approaches needed to meet FEMA's standards. 1.5 Provide the City's levee, bridge, and floodplain swale design information to the FCZD and interact with the FCZD and their consultant regarding updated flood modeling approaches and results. This includes iterative review of updated modeling results and related discussions with the FCZD and their consultant. 1.6 Itemize key flood mapping and levee certification issues along with recommended follow-up actions to address them. 1.7 Prepare a memorandum describing Aspect's findings and recommendations. 1.8 Meet with the City to review and discuss the findings and the need for any follow-up work. Task 1 Deliverables • Phase 9 Reecer Creek Floodplain Mapping and Levee Certification Support Services Memorandum (pdf format). Task I Assumptions • City staff are available to help gather data and/or provide GIS products during Phase 1 work. • The amount of work involved in Phase 1 is uncertain, therefore Aspect's work will be conducted on a flexible time and materials basis not to exceed an initial budget of $15,000 without City approval. Depending on the actual amount of work needed during Phase 1, the budget may need to be supplemented. Aspect's standard 2020 Schedule of Charges will be used. Reecer Creek Floodplain Mapping and Levee Certification Support - Scope of Work Page 12 Exhibit B — Schedule Schedule Aspect will commence work upon receiving notice to proceed.from the City. Completion of the work is dependent upon agencies and entities outside Aspect's control therefore preparing a firm completion schedule is not possible. However, Aspect will strive to complete Phase 1 and any authorized subsequent phases within approximately one year, Reecer Creek Floodplain Mapping and Levee Certification Support - Schedule Page I 1 'Aspect k- CONSULTING Exhibit C — Rete Schedule SCHEDULE OF CHARGES Effective dalnUary 2020 Unless othenylse stated In the proposal or services agreement, currant rates are as tallows: PERSONNEL CHARGES: ENGINEERS, 50ENTIST5, AND ANALYSTS � Howtyj Prindpcdz and Associates Principal 5cierftt1Engineer/Analy9 2 X63 Principal Scientist/Englnaer/Analyst T $247 Sr, Associate Scientist/Engineer/Anatysl $2m Associate Sclentist/Enginesr/Analyst $215 technical Profarsfonob Senior Sclentist/Engineer/Anatyst 3 $215 Senior Sclentist/Engineer/Analyst 2 $= SenlorSclentlst/E'nonear/Analyst 1 $lstl Project SclentistAngineer/Analyst 3 $173 ProjaatSclenSsVEng!neer/Analys►2 $160 Project Scientist/Engineer/Analyst 1 $11S0 Staff Scientist/Englneer/Anclyst 3 $138 Staff Sclantist/Engineer/Artalyst2 $125 Stall ScienWIEngineer/Analyst 1 $116 PERSONNEL CHARGES: TECHNICAL. AND PROJECT SUPPORT STAFF NtowfyRate ftefdlcanahvcf oo Staff Fleld/Construcilon Supervisor $12a Reid Technician 2 $104 Held Technician 1 $p7 1lestgn. CAD, ami Graphics Stat! Engineering Designer $150 Sr CAD Techniclon/speciallst $135 CAD Technlclan $119 techelcal Editing and Project Operallom Sr. Technical Editor $120 Technical Editor / Project Coordinator 3 $109 Project Coordinator 2 $lot Project Coordinator 1 $96 PERSONNEL CHARGES: TECHNOLOGY AND SOFTWARE DEVELOPMENT Hcwy Hato Sr. Technology Project Manager $224 Technology Project Manager Ta Senior Software/oatab ase /uchltact/Developer $213 Software/patahase Architect/Developer $187 OTHER DISBURSEMENT CHARGES Legal Tesiirnony j4 -hour minimum) $350/hr Mileage Federd Gov Rate Plus 16% Subcontractors and Miscellaneous Expenses Cost Plus iss% Other equlpmenl, rentals, and expenses wit be prwMeel on a per)*b basis. Client acknowledges that Aspect v9! adjust the Schedule oiCharges annually, antl that the Agreementwo remade valid forany and all annually adjusted Schedule of Charges, Reecer Creek Floodplain Mapping and Levee Certification Support — Rate Schedule Page ! 1 Exhibit J Task Budget Task Time and Materials Budget Task 1: Phase 1 Support Services $15,000 Fleeter Creek Floodplain Mapping and Levee Certification Support — Task Budget Page ` 1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF ELLENSBURG AND ASPECT CONSULTING, LLC RELATING TO: Reecer Creek Floodplain,Mapping and Levee Certification Support Services THIS TIME AND MATERIALS STANDARD BILLING RATE CONTRACT is made and entered into this 13th day of February, 2020 ("Effective Date"), by and between THE CITY OF ELLENSBURG, a Washington municipal corporation (hereinafter called the "CITY") and (ASPECT CONSULTING), a LLC authorized to do business in the state of Washington (hereinafter called the "CONSULTANT"). 1. RECITALS. 1.1. The CITY desires to obtain professional services for work related to the Reecer Creek Floodplain Mapping and Levee Certification Support Services project. 1.2. The CITY has solicited for such professional services as required by law, including RCW Chapter 39.80 if applicable.. r. 1.3. CONSULTANT represents that it is available and able to provide qualified personnel and facilities necessary for the work and services contemplated herein, and can accomplish the work and services within the required time period and in accordance with CITY's specifications, WSDOT Standard Specifications (as applicable), and professional standards. 1.4. CONSULTANT agrees to perforin the work and services specified herein in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows: 2. SCOPE OF WORK. 2.1. 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 ("Services"). 2.2. 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-b—y the -- CITY. Such changes shall not constitute "Extra Work" as related in Section 12 of this Professional Servioes Agreement for Reeoer Creek Floodplain Mapping and Levee Certification Support Page 1 of 11 (PSA Form rev. 04119) Agreement. 2.3. The CONSULTANT agrees that all services performed under this Agreement shall be in accordance with the standards of the profession and in compliance with applicable federal, state and local laws. . 2.4. The Scope of Work may be amended upon written approval of both parties. 3. TIME OF PERFORMANCE. The CONSULTANT may begin work upon the Effective Date of this Agreement by both parties, or the CITY's issuance of a Notice to Proceed, whichever is .applicable, and the duration of the Agreement shall extend through February 26, 2021. The work shall be completed in accordance with the schedule set forth in the attached Exhibit B. 4. 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. 4.1. Payment shall be on the basis of the CONSULTANT'S standard billing rates multiplied by the actual hours worked as set forth in the attached Exhibit C. 4.2. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall detail the wank, 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. 4.3. The CITY shall review the invoices and make payment for the portion of the project or tasks that have been completed less the amounts previously paid. 4.4. 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. 4.5. Final payment for the balance due to the CONSULTANT will be made after the completion of the work and acceptance by the CITY. 4.6. Payment far "Extra Work' performed under Section 13 of this Agreement shall be as agreed to by the parties in writing. 4.7. The CITY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the Agreement for allowable unforeseen costs, or reimbursing the CONSULTANT for Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certificatlon Support Page 2 of 11 (PSA Form rev. 04 19) allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this Agreement. Such authorization(s) shall be in writing and shall not exceed the lesser of $15,000 or 10% of the Maximum Compensation as shown in Section 5 of this Agreement. The amount included for the Management Reserve Fund is $0.00. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section 12 — Extra Work. 5. MAXIMUM COMPENSATION. 5.1. 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 $15,000. This amount is the maximum amount to be paid under this Agreement and shall not be exceeded without prior written authorization from CITY In.the form of a negotiated and executed amendment of this Agreement. 5.2. The budget for each task .is as set forth in the attached Exhibit D. Budgets 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 the maximum amount per Section 5.1 above. 6. RELATIONSHIP OF PARTIES. 6.1. The relationship created by this Agreement Is that of owner -independent contractor. Neither the CONSULTANT nor CONSULTANT's employees are employees of the CITY and are 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. No employee, agent, representative or subconsultant of CONSULTANT shall be or shall be deemed to be the employee, agent representative or subconsultant of the CITY. The CONSULTANT shall assume full responsibility for all wages, along with any Federal, State, and local taxes or contributions Imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax, payable as a result of work performed. under this Agreement. 6.2. 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. On or before the Effective Date, CONSULTANT shall file, maintain and/or open all necessary records with the Internal Revenue Service and the Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 3 of 11 (PSA Form rev. 04119) State of Washington, and as may be required by RCW 51.08.195, to establish CONSULTANT's status as an independent contractor. 7. OWNERSHIP OF DOCUMENTS.' Upon completion of the work and payment of CONSULTANT'S fee, 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. 8. RECORDS. As a public agency, the CITY is subject to the Public Records Act, Chapter 42.56 RCW (the "Act"). To the extent that CONSULTANT keeps records that are deemed public records and are needed for the CITY to respond to a request under the Act, as determined by the CITY, CONSULTANT agrees to make them promptly available to the CITY. Pursuant to Chapter 40.14 RCW, CONSULTANT shall retain records associated with this Agreement in accordance with the applicable retention schedule. CONSULTANT also agrees to indemnify and hold the CITY harmless from any claims or losses caused by CONSULTANT'S failure to make records available to the CITY as provided in this Agreement. 9. NONDISCRIMINATION. The CONSULTANT shall conduct its business in a manner, which assures fair, equal and non-discriminatory treatment of all persons, in particular: 9.1. The CONSULTANT shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified iddividuals who are members of minorities protected by federal equal opportunity/affirmative action requirements; and, 9.2. 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, creed, color, religion, national origin, status as a military veteran, marital status, gender, sexual orientation, disability or other legally protected classification. 10. SUBCONTRACTING. 10.1. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. 10.2. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for work to be performed pursuant to a subcontractor, including procurement of materials and equipment, each potential subconsultant or supplier shall Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 4 of 11 (PSA Form rev. 04119) be notified by the CONSULTANT of CONSULTANT's obligations under this Agreement, including the nondiscrimination requirements. 10.3. In performing this Agreement, the CONSULTANT shall not subcontract with or employ any CITY employee without the CITY's written consent. 11. SUPERVISION, INSPECTION AND PERFORMANCE, 11.1. Even though CONSULTANT is an independent contractor with the authority to control and direct the performance and details of the Services, the Services must meet the approval of CITY and shall be subject to CITY's general right of inspection and supervision to secure the satisfactory completion of this Agreement. 11.2. CONSULTANT represents that it has or will obtain all personnel necessary to perform the Services and that such personnel shall be qualified, experienced, and licensed as may be necessary or required by applicable laws and regulations to perform the Services. All Services shall be performed by CONSULTANT, its employees, or by subconsultants whose selection has been authorized by CITY; provided that CITY's authorization shall not relieve CONSULTANT or its subconsultants from any duties or obligations under this Agreement, or at law, to perform the Services in a satisfactory and competent manner. CONSULTANT shall ensure that all contractual duties, requirements and obligations that CONSULTANT owes to CITY shall also be owed to CITY by CONSULTANT's subconsultants retained to perform the Services. 11.3. CONSULTANT shall be responsible for the professional quality, technical adequacy, accuracy, timely completion, and coordination of the Services and all plans, designs, drawings, specifications, reports, and other work performed pursuant to this Agreement.' CONSULTANT shall perform the Services in accordance with the standard of care of its profession in the same or similar locallties at the time services are performed. CONSULTANT shall be responsible for the professional standards, performance, and actions of all persons and firms performing the Services under this Agreement. CONSULTANT shall, without additional compensation, correct any specific breach of a Contractual obligation in the Services and revise any errors or omissions in any plans, designs, drawings, specifications, reports, and other products prepared under this Agreement. 12. CHANGES IN WORK. Other than changes directed by the CITY as set forth in Section 1 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. 13. 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 Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 5 of 11 (PSA Form rev. 04118} Agreement. The CITY shall not be responsible for paying for such extra work unless and until the written supplement is executed by both parties. 14. TERMINATION. 14.1. The CITY may terminate this Agreement in whole or in part whenever the CITY determines, in its sole discretion that such termination is In the best interests of the CITY, 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. 14.2. The CITY may terminate this Agreement, in whole or in part and at any time, in writing if CONSULTANT substantially fails to fulfill any or all of its material obligations through no fault of CITY. If CITY terminates all .or part of this Agreement for default, CITY shall determine the amount of Services satisfactorily performed to the date of termination and the amount owing to CONSULTANT using the criteria set forth below; provided that (a) no amount shall be allowed for anticipated profit on unperformed Services or other work, and (b) any payment due to CONSULTANT at the time of termination may be adjusted to the extent of any additional costs CITY incurs or will incur because of CONSULTANT's default. In such event, CITY shall consider the actual costs incurred by CONSULTANT in performing the Services to the date of termination, the amount of Services originally required which was satisfactorily completed to the date of termination, whether the Services or deliverables were in a form or of a type which is usable and suitable to CITY at the date of termination, the cost to CITY of either completing the Services itself or employing another firm to complete the Services in addition to the inconvenience and time. which may be required to do so, and other factors which affect the value to CITY of the Services performed to the date of termination. Under no circumstances shall payments made .under this provision exceed the Schedule of Charges. This provision shall not preclude CITY from filing claims and/or commencing litigation to secure compensation for damages incurred beyond that covered by withheld payments. 14.3. 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 portion of work completed. Whenever the Agreement is terminated in accordance with this Section 14, the CONSULTANT shall be entitled to payment for actual work performed -up to the termination date. Upon such termination, whether for convenience or default, an equitable adjustment in the contract price will be made by the CITY for partially - completed items of work, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination under this Section 14 shall not constitute a breach of the Agreement by the CITY. 15. INDEMNIFICATION/HOLD HARMLESS. Professional Services Agreement for Reeser Creek Floodplain Mapping and Levee Certification Support Page 6 of 11 (PSA Form rev. 04119) 16.1- The indemnification and defense obligations specified in this Section 15 ("Indemnity Obligations") have been mutually negotiated and shall survive the expiration, abandonment, or termination of this Agreement. The Indemnity Obligations shall extend to claims that are not reduced to a suit and to any claims that may be compromised prior to the culmination of any litigation or the institution of any litigation. Inspection, acceptance or payment by CITY of or for any Services performed by CONSULTANT shall not be grounds for avoidance of any Indemnity Obligations. 15.1.1. Professional errors and omissions. For any losses that arise from any error, omission, negligence or other malpractice in the exercise of CONSULTANT's professional judgment in the performance of architectural, landscape architectural, engineering, or land surveying services such that RCW 4.24.115 would apply, CONSULTANT shall defend, indemnify, and hold the CITY harmless from all such losses to the extent caused by any violation of law, including state, federal or municipal law or ordinance, or negligent act, omission, breach of contract, or willful or intentional misconduct of CONSULTANT. The obligation of indemnity under this subparagraph does not, however, extend to losses caused by the negligence (whether sole, concurrent or contributory) of the CITY. 15.1.2. Construction claims. In the event that this Agreement is relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of any building, highway, road, excavation, or other structure, project, development, or improvement attached to real estate (specifically including moving or demolition in connection therewith) and therefore subject to RCW 4.24.115, CONSULTANT shall defend, indemnify and hold harmless the CITY from all losses to the extent caused by any violation of law, including state, federal or municipal law or ordinance, or any negligent act or omission of CONSULTANT. The obligation of indemnity under this Subparagraph does not, however, extend to losses caused by the negligence (whether sole, concurrent or contributory) of the CITY. 15.2. In any and all claims against the CITY by any employee of CONSULTANT, the indemnification obligations set forth above shall not be limited in any way by any limitation on the amount or type of damages or compensation benefits payable by or for CONSULTANT under the applicable worker's or workmen's compensation, benefit, or disability laws (including but not limited to, the Industrial Insurance laws, Title 51 of the Revised Code of Washington). CONSULTANT expressly waives any immunity CONSULTANT might have under such laws, and, by entering into this Agreement, acknowledges that this waiver has been mutually negotiated. 16. INSURANCE, 16.1. 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. Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 7 of 11 (PSA Form rev. 04119) 16.2. 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. 16.3. Minimum Scope of Insurance. CONSULTANT shall obtain insurance of the types described below: 16.3.1. 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 contract liability coverage; and, 16.3.2. 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 or added as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the CITY; and, 16.3.3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington; and 16.3.4. Professional Liability insurance appropriate to the CONSULTANT's profession. 16.4. Minimum Amounts of Insurance. CONSULTANT shall maintain the following insurance limits: 16.4.1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 16.4.2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 16.4.3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. 16.5. 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: 16.5.1. The CONSULTANTS insurance coverage shall be primary insurance with respect to the CITY. Any insurance, self-insurance, or insurance pool coverage maintained by the CITY shall be excess of the CONSULTANT's insurance Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 8 of 11 (PSA Form rev. 04119) and shall not contribute with it. 16.5.2. - 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. 16,5.3. Any payment of deductible or self-insured retention shall be the sole responsibility of the CONSULTANT. 16.5.4. 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. 16.6. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not fess than A:VII. 16,7. 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. 16.8. Cancelation. CONSULTANT will provide notice to the CITY of any cancelation of coverage,by no later than three (3) days after CONSULTANT is notified by its insurer that coverage will or has been canceled, whichever occurs earliest. 17. APPLICABLE LAWNENUE. 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 Kittitas County. 18. NOTICE. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, or at such other address as given pursuant to this Section, and shall be effective on the next business day if sent by registered or certified mail or deposited with an overnight delivery servide. City of Ellensburg Department of Stormwater Attention: Jon Morrow 501 N. Anderson Ellensburg, WA 98926 ASPECT Consulting LLC Attention: John Knutson 123 East Yakima Avenue Suite 200 Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 9 of 11 (PSA Form rev. 44179) Yakima, WA 98902 19. ENTIRE AGREEMENT. The written terms and provisions of this Agreement, together with all referenced Exhibits, supersede all prior verbal statements of any officer or other representative of CITY, and such statements shall not be effective or be construed as entering into or forming a part of,.or altering in any manner whatsoever, this Agreement. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the referenced Exhibits. 20. PRIORITY OF DOCUMENTS. In the event that the language and provisions of this Agreement are contrary to or conflict with any language or provisions set forth in any exhibit to this Agreement, the language and provisions of this Agreement shall control, and the contrary or conflicting language or provisions of the exhibit(s) shall be disregarded and shall be considered void. 21. MODIFICATION. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of CITY.and CONSULTANT. 22. ASSIGNMENT. Any assignment of this Agreement by CONSULTANT without the prior written consent of CITY shall be void. 23. WAIVER. A waiver of any breach by either party shall not constitute a waiver of any subsequent breach. 24. THIRD -PARTY BENEFICIARIES. There are no third -party berieficiaries to this Agreement. 25. 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 -- Schedule for the Work Exhibit C — Consultant Labor Costs and Non -salary Reimbursable Costs Exhibit D — Budget for Each Task IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 10 of 11 (PSA Form rev. 04119) CONSULTANT: THE CITY OF ELLENSBURG: By: By: Printed Name:_.��C.YYi�i Printed Name: John Knutson, PE Title: uOL-1- Title: Principal Water Resources Engineer I"fD ATTES Tax ID#: 91-2149055 Cle k Apprpred as to Form: City Attorney Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support Page 11 of 11 (PSA Form rev, 04/19) Exhibit A —Scope of Work REECER CREEK FLOODPLAIN MAPPING AND LEVEE CERTIFICATION SUPPORT SERVICES Scope of Work Aspect Consulting LLC, February 41", 2020 Background Aspect Consulting, LLC (Aspect) has been selected by the City of Ellensburg to provide support services related to floodplain mapping and the potential certification of set -back levees along Reecer Creek. The Kittitas County Flood Control Zone District (FCZD) is completing a flood mapping project that includes lower Reecer Creek. The County's flood model does not currently include floodplain changes north of Dolarway Road that are being designed by the City, specifically a set -back levee, bridge, and network of floodplain swales. It is important for the County's flood mapping project to be coordinated with, and account for the City's planned improvements in the area. In addition, FEMA's levee certification standards have changed since the lower Reecer Creek levee was constructed. The new standards affect how the existing and planned levees will be included in the FCZD's flood model and whether they will be formally recognized by FEMA and the National Flood Insurance Program (NFIP) as providing protection during a 100 -year flood to lands outside the levees. City coordination with the FCZD and FEMA along with a systematic review of the levee standards, elevations, and tie-in locations is needed to identify and quantify changes that may be needed to meet current levee certification standards. Phased Support Services Aspect recommends a phased approach for the floodplain mapping and levee certification support services: 1. The initial phase will involve: coordinating with the City, FCZD, and FEMA regarding levee construction and certification standards, modeling methods, planned improvements; and potential changes needed to meet FEMA's standards. This phase will also involve providing levee, bridge, and floodplain swale design information to the FCZD and interactions with the FCZD and their consultant regarding updated flood modeling approaches and results. 2. A second phase would involve assembling or developing data and documentation to support a request to FEMA for a modification of normal riverine levee freeboard standards and final determination of design changes to the existing and planned levees and related structures to meet FEMA's standards. 3. Work under subsequent phase(s), if any, will depend on the results and recommendations from the initial two phases and decisions by the City. Subsequent phase work could involve Aspect's support for additional technical investigations, coordination with the County FCZD and their consultant regarding final flood map revisions, additional meetings with the City and/or FCZD, etc. Reecer Creek Floodplain Mapping and Levee Certification Support - Scope of Work Page I 1 Exhibit A— Scope of Work Scope of Work Aspect's scope of work tar Phase 1 of work is provided below. Project management activities such as quality control, budget monitoring, invoicing, status reports, and status communications with the City project manager, are included in the task. Task 1: Phase 1 Support Services Aspect will: 1.1 Coordinate with the City, County FCZD, and FCZD's flood mapping consultant during Phase 1 work. This may involve meetings, phone calls, teleconferences, and emails. 1.2 Review documentation about the existing lower Reecer Creek. levee constructlon standards and estimated freeboard under proposed conditions. Also review recent changes to FEMA's floodplain mapping and levee certification standards. 1.3 Obtain and review background data and information from the FCZD's flood mapping consultant to about how the recent draft Reecer Creek floodplain maps were generated. 1.4 Coordinate with the City, FCZD, and FEMA regarding levee construction and certification standards, modeling methods, planned improvements; and potential changes and approaches needed to meet FEMA's standards. 1.5 Provide the City's levee, bridge, and floodplain swale design information to the FCZD and interact with the FCZD and their consultant regarding updated flood modeling approaches and results. This includes iterative review of updated modeling results and related discussions with the FCZD and their consultant. 1.6 Itemize key flood mapping and levee certification issues along with recommended follow-up actions to address them. 1.7 Prepare a memorandum describing Aspect's findings and recommendations. 1.8 Meet with the City to review and discuss the findings and the need for any follow-up work. Task 'I Deliverables • Phase 7 Reecer Creek Floodplain Mapping and Levee Certification Support Services Memorandum (.pdf format). Task 1 Assumptions • City staff are available to help gather data and/or provide GIS products during Phase I work. • The amount of work involved in Phase 9 is uncertain, therefore Aspect's work will be conducted on a flexible time and materials basis not to exceed an initial budget of $15, 000 without City approval. Depending on the actual amount of work needed during Phase 1, the budget may need to be supplemented. Aspect's standard 2020 Schedule of Charges will be used. Reecer Creek Floodplain Mapping and Levee Certification Support - Scope of Work Page 12 Exhibit B — Schedule Schedule Aspect will commence work upon receiving notice to proceed from the City. Completion of the work is dependent upon agencies and entities outside Aspect's control therefore preparing a firm completion schedule is not possible. However, Aspect will strive to complete Phase 1 and any authorized subsequent phases within approximately one year. Reecer Creek Floodplain Mapping and Levee Certification Support - Schedule Page I 1 'fl\SPeCf CCONSULT ING Exhibit C — Rate Schedule SCHEDULE OF CHARGES Effective January 2020 Unless otherwise stated In the proposal Or services agreement, current rates are as follows; PERSONNEL CHARGES: ENGINEERS, SCIENTISTS, AND ANALYSTS Hourly Rate Principals and Associates Principal ScientistlEngineer/Analyst 2 $263 Principal Sclonilst/Engineer/Analyst 1 $249 Sr. Associate Scierlfist/Engineer/Analyst $230 Assaclate Scleniist/Englneer/Analyst $215 Technical Professionals $150 Senior Scienilst/Engineer/Analyst 8 $213 Senior Sdenffst/Engineer/Analyst 2 $2D2 Senior Sclentist/Engineer/Andlyst 1 $188 ProjoctSclentisi/Englneer/Analyst 3 $173 Project Scientist/Engineer/Analyst 2 $160 ProjectScien%i/Engineer/Analyst 1 $130 Staff Sclenfist/Engineer/Analyst 3 $138 Staff Scfenfist/Engineer/Analyst 2 ;125 Staff Scfentlst/Eng€neer/Analyst 1 $116 PERSONNEL CHARGES: TECHNICAL AND PROJECT SUPPORT STAFF Nourly trate Feld/Conalru ffon Staff field/Construction Supervisor $128 Reid Technician 2 $104 Field Technician 1 $97 Destgn. CAD, and Graphics Staff Engineering Designer $150 Sr. CAD Technician/Specialist $135 CAD Technician $119 Technical Editing and Projecl Operations Sr. Technical Editor $120 Technical Edilor / Project Coordinator 3 $109 Project Coordinator 2 $101 Project Coordinator 1 $96 PERSONNEL CHARGES: TECHNOLOGY AND SOFTWARE DEVELOPMENT NourtyRafe Sr. Technology Project Manager $224 Technology Project Manager $2i}8 Senior Software/Dolobase Archl1ectJ1)Wgloper $213 Softwore/Doiabose ArchitecUDeveloper $187 OTHER DISBURSEMENT CHARGES Legal Tesfimony (+hour minimum) $350/hr Mileage Federal Gov Rate Plus 1 S% Subcontractors and Miscellaneous Expenses Cost Plus 15% Other equipment, rentals, and expenses will be provided on aper Job basis. Client acknowledges that Aspect will adjust the Schedule of Charges annually, and ftt the Agreement will remain valid foronyand aft annuarfy adjusted Schedule of Charges. Reecer Creek Floodplain Mapping and Levee Certification Support — Rate Schedule Page l I Exhibit D — Task Budget Task Time and Materials Budget Task 1: Phase 1 Support Services $15,000 Reecer Creek Floodplain Mapping and Levee Certification Support — Task Budget Page 13 � q ,�.,�, CONSULTING Amendment, to Professional Services Agreement Amendment No.: 2 Project No.: 200064 Date: January 4, 2021 Client: City of Ellensburg Project Name Reecer Creek Floodplain Mapping and Levee Certification Support Services Project Description of Amendment Cost Aspect Consulting, LLC (Aspect) is providing this Amendment No. 2 to provide (509) 895-5957 analysis and design services to facilitate Ievee certification for the City of Ellensburg (Client). See Attachment I for the Amendment No. 2 Scope of Services. Amendment No. 2 Cost: This amendment revises the Professional Services Agreement between Aspect and $81,637 the City (dated February 711, 2020): 1- The Exhibit A Scope of Work provided under Section 2 of the original Total Revised Agreement is amended to include the extra work services shown in Agreement Section 5 Attachment I to this amendment. and Exhibit D Cost: 2. The Time of Performance Section 3 and Schedule Exhibit B is extended by $111,637 one year, through February 26, 2022. 3. The Payment Section 4.1 and Exhibit C of the original Agreement is amended to update the Consultants standard rate schedule to that shown in Amendment No. 2 Attachment 2 to this amendment. Services Will Be Billed 4. A Management Reserve Fund (Task 5) of $11,000 is established per Section on a Time and Materials 4.7 of the original Agreement. Basis according to the 5. The Maximum Compensation Section 5.1 of the original Agreement is Rate Schedule included further amended to increase by $81,637. Amendment 1 increased the as Attachment 2 to this original amount to $30,000, which is further increased to $111,637 by this Amendment. amendment. 6. The Budget for Each Task Section 5.2 and Exhibit D of the original Agreement is amended to include the budget shown in Attachment 3. This change amends the agreement between Aspect Consulting, LLC & the City of Ellensburg dated February 7d', 2020. Except as amended above, all terms and conditions of the agreement apply to this contract change. L� / ASPECT CONSULTING, LLC � Printed NameAo*hn Knutson, PE a limited liability company Principal Water Resources Engineer Office: Yakima CLIENT By: Printed Name/Date: Ryauzyyski, PE, Public Works and Utilities Director City of Ellensburg February 4, 2021 Bainbridge Island Office: Bellingham Office: Seattle Office: Wenatchee Office: Yakima Office: 350 Madison Avenue North, Bainbridge Island, WA 98110 (206) 780-9370 907 Harris Avenue, Suite 301, Bellingham, WA 98225 (360) 746-8964 401 Second Avenue S, Suite 201, Seattle, WA 98104 (206) 328-7443 23 South Mission Avenue, Suite C, Wenatchee, WA 98801 (509) 888-5766 123 East Yakima Avenue, Suite 200, Yakima, WA 98901 (509) 895-5957 www.aspectconsulting.com Attachment 1 to Amendment 2 — Scope of Work Reecer Creek Floodplain Mapping and Levee Certification Support Services Design and Certification Services Scope of Work Aspect Consulting LLC Prepared January 4th, 2021 Background Aspect Consulting, LLC (Aspect) has developed this Amendment 2 Scope of Work to provide additional consulting services to the City of Ellensburg for the Reecer Creek Floodplain Mapping and Levee Certification Support Services Project (Project). Pursuing certification of the Reecer Creek levee system (with a reduced freeboard of 2 ft in some areas) will require additional analyses and technical reports not developed during prior work: a. Hydraulic assessment report to support the certification and reduced freeboard request. An engineering analyses to show adequate protection with reduced freeboard must submitted to support a levee freeboard reduction request. The analysis must evaluate uncertainty in base flood elevation and include, but not necessarily be limited to an assessment of statistical confidence limits of the 100 -year discharge; changes in stage -discharge relationships; and the sources, potential, and magnitude of debris, sediment, and ice accumulation. It must be also shown that the levee will remain structurally stable during the base flood when additional loading considerations are imposed. Aspect assumes that the County's modeling consultant (WSE) would use their model for the overtopping analysis and to provide scour velocities for the high flow condition. Aspect's engineers would complete the stability assessment and produce the hydraulic report. b. Embankment protection. Documentation is required to show that no significant erosion of levee embankments will occur during the base flood (also for the "worst case scenario" in areas where we want the reduced levee freeboard). This includes assessing erosion risk due to water velocities, debris, ice, etc., and needs to account for the duration of the erosive conditions as well as the embankment materials and susceptibility of different areas of the levee to erosion (for instance at bends, or areas of deepestlfastest flowing water). Aspect engineers will complete this assessment, focusing on several key risk areas. Scour was considered during the prior design work but will be reassessed given the higher flows that need to be reviewed. c, Embankment and foundation stability. An engineering evaluation of seepage issues is required to document that the levee embankment and foundation is designed/built to be stable. Aspect engineers will complete this assessment using information and data from prior geotechnical reports, which is not expected to be a significant effort. Reecer Creek Floodplain Mapping and Levee Certification Support Services Project 1 I Page Attachment 1 to Amendment 2 — Scope of Work d. Settlement. An engineering evaluation is required to document that loss of freeboard due to long term settlement of the levee is not an issue. This analysis must address embankment loads, compressibility of embankment soils, compressibility of foundation soils, compaction methods, etc. Aspect engineers will complete this assessment using information and data from prior geotechnical reports, which is not expected to be significant issue or effort. e. Interior drainage, An engineering evaluation is required to document that drainage from areas interior to the levee is not a problem (verify that drainage from outside the levee will not pond up and cause flooding problems of its own). Aspect does not expect this to be much of an issue or require significant effort to complete. f. Levee System Operations Plan, Maintenance Pian (OP & MP). These plans must be provided to support the levee certification request. There are specific requirements for each plan and the City may already have an OP & MP for the lower levee. FEMA requires them to be adopted by council and signed by the City Manager. Aspect assumes that the City will put these together. In addition to the above technical reports, a FEMA certifiable connection between the lower Reecer Creek levee and the 1-90 Reecer Creek Bridge will be needed. Aspect has developed a preliminary concept that involves tying the lower levee into the ecology block floodwall that passes through the bridge along the pedestrian pathway. While the ability to meet all certification requirements at the 1-90 bridge is currently uncertain, Aspect recommends initiating the connection design effort and engaging with FEMA about certification requirements during the process. Scope of Work The Amendment 2 Scope of Work provided below addresses: ✓ Amendment 2 Task 7 — Complete 90% Design Package for Lower Levee to 1-90 Bridge Connection. ✓ Amendment 2 Task 2 — Prepare Final Design Package and Bidding Documents for Lower Levee to 1-90 Bridge Connection. ✓ Amendment 2 Task 3 Prepare Levee Technical Report to Support Certification and CLOMR Process. ✓ Amendment 2 Task 4 — Additional Coordination with City, County, and FEMA During Design and Levee Certification and CLOMR Processes. ✓ Amendment 2 Task 5 — Management Reserve Fund Aspect's project management time is embedded in each task. Amendment 2 Task 1: Complete 90% Design Package for Lower Levee to 1-90 Bridge Connection Aspect will develop a 90% Design Package for the lower levee to 1-90 bridge connection. Aspect's Task 9 services include; Reecer Creek Floodplain Mapping and Levee Certification Support Services Project 2 1 Page Attachment 'I to Amendment 2 -- Scope of Work 1.1, Complete a site visit to review conditions in the vicinity of the lower levee and 1-90 bridge. 1.2. Gather and review existing survey, geotechnical, structural, flood, utility, easement, and as -built data for the lower levee, 1-90 bridge, and City pathway through the bridge. 1.3. Assess the adequacy of existing survey and geotechnical data, develop a project topographic basemap, and assess geotechnical conditions. 1.4. Complete calculations and prepare a 90% Design Package for a lower levee to 1-90 bridge connection, this is assumed to involve reconfiguring the lower levee and extending it/connecting it to the existing ecology block wall that extends through the bridge along the City path. The concept is for the ecology block wall to serve as a flood wall, attempting to maintain at least a 2 ft freeboard above the BFE. The design will include reviewing geotechnical issues and consider current USACOE design recommendations for levee-floodwall transitions/connections. 1.5. Prepare 90% project specifications and special provisions for a lower levee to 1-90 bridge connection. 1.6. Prepare 90% materials quantities and construction cost estimate. 1.7. Prepare a 90% bid schedule. 1.8. Complete internal QA/QC review and submit the 90% Lower Levee to 1-90 Bridge Connection Design Package to the City and/or County for review and comment. 1.9. Review City and/or County comments and prepare recommended responses, 1.10. Meet with the City and/or County to review comments, recommended responses, and obtain direction on the final responses, Task 1 Deliverables Lower Levee to 1-90 Bridge Connection 90% Design Package (PDF format): Topographical basemap and 90% design and TESC on 11"x 17" plan sheets. - Standard details and specifications. Special provisions and specifications. Engineers estimate of probable project cost. - Bid schedule. Task 1 Assumptions • Site visit involves two Aspect engineers for half a day. • No new survey or geotechnical work is needed, or survey work is provided by the County. • No major utility conflicts requiring significant utility relocation design effort. • Given existing infrastructure constraints, Aspect does not guarantee any particular freeboard can be achieved at and through the 1-90 bridge. One 90% design review cycle by the City. No permitting or agency coordination support. Reecer Creek Floodplain Mapping and Levee Certification Support Services Project 3 1 Page Attachment 1 to Amendment 2 — Scope of Work Amendment 2 Task 2: Prepare Final Design Package and Bidding Documents for Lower Levee to 1-90 Bridge Connection Aspect will develop a Final Design Package for the lower levee to 1-90 bridge connection. Aspect's Task 2 services include: 2.1 Refine and update prior hydraulic and drainage calculations as needed during the final design process. 2.2 Prepare final revised Design Package for the lower levee to 1-90 bridge connection. 2.3 Prepare final project specifications and special provisions. 2A Prepare final materials quantities and construction cost estimate. 2,5 Prepare a final project bid schedule. 2.6 Complete internal QAIQC review and submit the Final Design Package to the City aridlor County for use in contracting the construction work. These plans will also be included in the County's CLOMR package to FEMA. Task 2 Deliverables Lower Levee to 1-90 Bridge Connection Final Design Package (PDF format): - Topographical bassmap and final design and TESC on I V x 17" plan sheets. - Final standard details and specifications. - Final special provisions and specifications. Final engineers estimate of probable project cost. - Final bid schedule. Task 2 Assumptions Only minor changes due to comments on the 90% design package (no new or significant re -work). No major utility conflicts requiring significant utility relocation design effort, • No final design review cycle by the City or County. • No permitting support. Amendment 2 Task 3., Prepare Levee Technical Report to Support Certification and CLOMR Process Aspect will complete analyses and prepare an overall Levee Technical Report to support the CLOMR and levee certification process. Aspect's Task 3 services include: 3.1 Coordinating with WSE during completion of technical analyses. 3.2 Completing a field visit to review conditions and identify key levee segments for detailed analyses. 3.3 Completing technical analyses (hydraulic, scour, stability, seepage, settling, interior drainage) for key sections of the existing and proposed levee. 3.4 Preparing an overall draft Levee Technical Report to support the CLOMR and levee certification process. The report will address items a though a mentioned earlier, and is Reecer Creek Floodplain Mapping and Levee Certification Support Services Project 4 1 Page Attachment 1 to Amendment 2 -- Scope of Work expected to include the following sections: (1) Hydraulic Assessment (to support the certification and reduced freeboard request); (2) Embankment protection; (3) Embankment and foundation stability; (4) Settlement; (5) Interior drainage; (6) Attachments as needed. 3.5 Complete internal QAIQC review of the draft Levee Technical Report and submit it to the City and/or County for review and comments. 3.6 Review City and/or County comments and prepare recommended responses. 3.7 Meet with the City and/or County to review comments, recommended responses, and obtain direction. 3.8 Prepare the final Levee Technical Report to support the CLOMR and certification process. Task 3 Deliverables • Draft and final Levee Technical Report (PDF format). Task 3 Assumptions • No new survey or geotechnical exploration is required, or survey work is provided by the County. • As -built data/documentation is available for the lower levee -- including levee construction documentation, cross-section, materials, and crest elevations. If as -built data is not available then survey and/or geotechnical field work could be needed, which would require additional funds. • Field visit involves two Aspect engineers for one day. • WSE provides 2-D modeling results and maps to support the technical analyses (flood extents, BFEs, depths, velocities, etc.). • WSE coordinates with Aspect about flood flows for the flood discharge uncertainty analysis (for the reduced freeboard request), uses their 2-D model to complete the analysis, and provides results to Aspect for incorporation into the report. It is possible that issues could arise during the technical analysis process that necessitate design modifications not covered by Amendment 2. • City prepares Levee System Operations Plan, Maintenance Plan (OP & MP). • Only minor changes due to comments on the draft report (no new or significant re -work). Amendment 2 Task 4: Coordinate with City, County, and FEMA During Design and Levee Certification and CLOMR Processes Aspect will coordinate with the City, County, FEMA, and other agencies and stakeholders as needed during the project. Potential Task 4 services include: 4,1 Project status meetings with the City. 4.2 Project team meetings with the City, County, and WSE. 4.3 Agency coordination or information meetings with FEMA, Ecology, and USACOE. Reecer Creek Floodplain Mapping and Levee Certification Support Services Project 5 1 Page Attachment 1 to Amendment 2 -- Scope of Work 4.4 Miscellaneous stakeholder or agency meetings that may arise (WDFW, Yakama Nation, MCFEG, property owners, etc.). Task 4 Detiverables • Miscellaneous meeting materials (PDF format). Task 4 Assumptions Coordination effort is uncertain; therefore Task 4 services will be provided on flexible time and materials basis not to exceed the Task 4 budget of $5,219 without authorrration from the City. Amendment 2 Task 5: Management Reserve Fund Due to the uncertain nature of the some of the planned scope of work, a Management Reserve Fund and Task 5 is established to cover unforeseen costs and/or reimburse Aspect for additional work beyond that already defined in Tasks 'I through 4 above. Aspect will not utilize Task 5 funds without written authorization from the City. Potential Task 5 services include: 5.1 Additional meetings and coordination efforts with the City, County, WSE, FEMA, Ecology, and USACOE. 5.2 Additional stakeholder or agency meetings that may arise (WDFW, Yakama Nation, MCFEG, property owners, etc.). 5.3 Additional technical analyses and/or reports related to levee certification. 5.4 Additional design/redesign work or review cycles arising out of levee certification analyses or permitting processes. 5.5 Other related services as requested by the City. 'cask 5 Deliverables • To be defined on a case by case basis. Task 5 Assumptions When authorized in writing by the City, Task 5 services will be provided on a time and materials basis. • The total Task 5 budget is $11,000. Reecer Creek Floodplain Mapping and Levee Certification Support Services Project 6 1 Page Attachment 2 to Amendment 2 -- Consultant Rate Schedule Aspect SCHEDULE OF CHARGES ,�.. Effective January 2021 CON SUI LTING Unless otherwise stated In the proposal or services agreement, current rates are as follows: PERSONNEL CHARGES: ENGINEERS, SCIENTISTS, AND ANALYSTS Hourly Rate Principals and Associates $192 Principal Scientist/Engineer/Analyst 2 5272 Principal Sclenllst/Englneer/Analyst 1 $258 Sr. Associate Scientist/EngineerlAnalyst $23a Associate Scientist/Englneer/Analyst $M Technical Prafesslonals $140 Senior Scientist/EnglneerjAnaiyst 3 $223 Senior Scientist/Engineer/Analyst 2 $209 Senior Scientist/Englneer/Analyst 1 $195 Project Scienflst/Engineer/Analyst 3 $179 Project Scienlist/EnglneerjAnalysi 2 $166 Project 5cientist/Engineer/Anaiysl 1 $155 Stall SclentfstjEnglneer/Analyst 3 $143 Staff SclenfistlEnglneer/Analyst 2 $129 Staff Scientlst/Englneer/Analyst 1 $120 PERSONNEL CHARGES: TECHNICAL AND PROJECT SUPPORT STAFF Hourly Rafe Field/Constructlon Staff Hourly Rate Fleld/Consfruction Supervlsor $192 Field Technician 2 $108 Field Technician 1 $100 Design, CAD, and Graphics Staff $194 Englneering Designer $155 Sr, CAD Techniclan/Speclotist $140 CAD TechnVan $123 Technical Editing and Project Operations Sr. Technical Editor $,124 Technical Editor / Project Coordinator 3 $119 Project Coordinator 2 $105 Project Coordinator 1 $49 PERSONNEL CHARGES: TECHNOLOGY AND SOFTWARE DEVELOPMENT Hourly Rate Sr. Technology Project Manager $232 Technology Project Manager $215 Senior Software/Databose ArchltectjDeveloper $220 Saftwarell]atobase Architect/Developer $194 OTHER DISBURSEMENT CHARGES Legal Testimony (4 -hour minimum) $350/hr Mileage Federal Gov Rate Plus 16% Subcontractors and Miscellaneous Expenses Cost Pius 1 Sob Other equipment, rentals, and expenses will be provided on a pet Jab basis. Client acknowledges that Aspect will adjust the Schedule of Charges annually, and that the Agreement wait remain valid for any and all annually adjusted Schedule of Charges, Attachment 3 to Amendment 2 — Task Budgets- Amendment udgets Amendment 2 Task Title Labor ODC Subs Total Task 1 -90% 1-90 Bridge Connection Design $21,428 $150 $21,578 Task 2 - Final 1-90 Bridge Connection Design $10,445 $10,445 Task 3- Prepare Levee Technical Report $33,145 $250 $33,395 Task 4 - Coord with Ci (Coen IFEMAIEtc. $5,219 $5,219 Task 5—Management Reserve Fund $11,000 $11,000 Total Amendment 2 Budget $01,237 $400 $81,637