HomeMy WebLinkAboutRes-2021-076 FCZDBOARD OF COUNTY COMMISSIONERS
COIINTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTIONNO. 2O2I - CVU
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 pu{pose of addressing flood managsment 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 HazardReduction
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 HazardReduction and
Floodplain Restoration Project inits2020 and202l 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 16,2021Kittitas 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 HazardReduction
project.
DATED this 18th day May 202I, at Ellensburg, Washington.
Brett
Attest
/Ctert of the Board- Julie Kjorsvik
tr Depup Clerk of the Board- Mandy Buchholz
BOARD OF COUNTY COMMISSIONERS
KITTITAS COLINTY, WASHINGTON
ice-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 JMuu,of ,202I,by and
between the City of Ellensburg (hereinafter the "City') and Kittitas County
County Flood Control Zone District (hereinafter the "District").
the Kittitas
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 pu{pose 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
WIIEREAS, 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
WIIEREAS, 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 inits 2020 and202l annual budgets; and
WHEREAS, the Kittitas County Flood Control Zone District and the City of Ellensburg desire
to allocate a portion of the funding to conduct Reecer Creek Floodplain Mapping and Levee
Certification Support Services in support of the Reecer Creek Flood Hazard Reduction and
Floodplain Restoration Proj ect;
NOW THEREFORE, it is agreed as follows:
INTERLOCAL AGREEMENT FOR FLOOD CONTROL ZONE DISTRICT GRANT FTINDS
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 Dishict 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 31,2021or 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 -9 62-7 007 .
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 GRANT 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.
8. Indemnification. Each party agrees to be responsible and assume liability for its own
wrongful andlor negligent acts or omissions, or those of its officers, agents or
employees to the fullest extent provided by the law, and further 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.
1L. Compliance with Laws. Each party hereto, in its perfofinance of this Agreement, agrees
to comply with all applicable local, State and Federal laws and ordinances.
12. Relationship of the Parties. ln 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 maybe modified or amended onlyby
written mutual agreement of the parties, executed by personnel authorized to bind each
of the parties.
L5. Waiver. A failure by either party to exercise its rights under this Agreement shall not
preclude thatparty 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.
L6. Termination. This Agreement shall remain in full force and effect until terminated on
December 31,2021, by mufual 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.
L8. Severabitity. 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, altematively,
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 exeouted as of
the date first written above.
CITY KITTITAS COLINTY
J Akers, C Brett Chairman
Attest:
G
B
/Ill11ilil\\
Approved as to Form
City Attorney
INTERLOCAL AGREEMENT FOR FLOOD CONTROL ZONE DISTRICT GRANT FUNDS
EXHIBIT A
3 Amendments to theProfessional Services Agreement
Between Aspect Consulting, LLC and the City of Ellensburg
INTERLOCAL AGREEMENT FOR FLOOD CONTROL ZONE DISTRICT GRANT FUNDS
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:
r Reviewed flood mapping products from the County's consultant (WSE).
e Reviewed FEMA levee certification guidance, USCOE levee design
standards, and FEMA levee freeboard reduction request guidance.
r Developed a levee certification strategy for discussion with the City and
the County's floodplain mapping consultant, WSE.
r 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.r Held a conference call with the Citv to discuss the levee certification
strategy, the WSE meeting, and reiommended next steps.
o Transferred Aspect's Reecer Creek project datato WSE for updated modeling.
o Prepared a memo summarizing work conducted, coordination with WSE,
levee certification strategy, and recommended next steps.
a
o
a
Qontinu-ed !q goordinale with ]VSE op tlre statUs o_ladditional modeling.
Researched HPA regulations for work above the OHWL.
Held a conference call with the City to refine the levee certification
strategy, particularly related to the 1-90 tie-in.
Reviewed information regarding the 1-90 levee tie-in vicinity, the 1-90 bridge,
and the City's path through the bridge. ,
Researched Corps standards for levee-floodwall transitions.
Developed 1-90 levee-floodwalltie-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 29th)
a
a
o
a
a
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'
a n d t€ft,i"Ei firil e€fifirlli
AmendmentNo. l Cost:
$15,000
Total Revised
Agreement Section 5
$30,000
Amendment No. 1
on a Time and Materials
Basis according to the
Rate Schedule included
as Exhibit C with the
original Agreement.
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 401 (360) 746-8954
Second Avenue S, Suite 201, Seattle, WA 98104 23 South (206) 328-74r'3
Mission Avenue, Suite C, Wenatchee, WA 98801 123 East (509) 888-5766
Yakima Avenue, Suite 200, Yakima, WA 98901 (509) 895-5957
www.aspectconsulti rio.com
Assumptions z Ilp efort irwolved ta continue Task 1 is uncertain, therefore Aspect's
workwill be conducted on aflexible time and materiqls 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
Th,2020. Except as amended above, all terms and conditions of the agreement apply to this contract change.
ASPECT CONSULTING, LLC
a limited liability company
By: (----)--'tl-:,'-et
Printed Name: JohnKnutson, PE
nirid^ftnm G ITIH
Office:Yak- a
CLIENT
By:,
Printed Name/D
J(::,XU
e:I
G74S 714:ZZOZO
Amendment No. 1
Project No. 20064
Page 2
r'* {Y
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CIry OF ELLENSBURG
AND
ASPECT CONSULTING, LLG
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
"C|TY")and (ASPECT CONSULTING), a LLC authorized to do business in the state of
Washin gton (hereinafter called the "CONS U LTANT").
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. 04/19)
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.
lnvoices 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.
ln 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
Page2 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 10o/o 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 Clry 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 lnternal Revenue Service and the
Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support
Paoe3of 11(PSA
rofrr rev.04l9)
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.|n 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
Page4of11 (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 orwill 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 contractualduties, requirements
and obligations that CONSULTANT owes to CITY shallalso 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 lN WORK. Other than changes directed by the CITY as set forth in
Section 'l 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
Page5of11
(PSA Form rev. 04/19)
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. lf 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. ln 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. ln 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/HOLDHARMLESS.
Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support
Page6of11
(PSA Form rev. 04/19)
15.1 . The indemnification and defense obligations specified in this Section 15
("lndemnity Obligations") have been mutually negotiated and shall survive the
expiration, abandonment, or termination of this Agreement. The lndemnity 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.
lnspection, acceptance or payment by CITY of or for any Services performed by
CONSULTANT shall not be grounds for avoidance of any lndemnity 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 professionaljudgment 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. ln 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.ln 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 lndustrial lnsurance 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
Page7of11
(PSA Form rev. 04/19)
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 lnsurance. 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 lnsurance Services Office
(lSO)form CA 00 01 or a substitute form providing equivalent liability coverage. lf
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 lndustrial
lnsurance laws of the State of Washington; and
16.3.4. Professional Liability insurance appropriate to the
CONSULTANT's
profession.
16.4. Minimum Amounts of lnsurance. CONSULTANT shall maintain the
following insurance lim its:
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 lnsurance 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
Page8of11
(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 insurer's liability.
16.6. Acceptability of lnsurers. lnsurance is to be placed with insurers with a
current A.M. Best rating of not less than A:Vl!.
16.7. Verification of Coverage. CONSULTANT shallfurnish 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 Floodpiain Mapping and Levee Certification Support
Page9of11
(PSA Form rev.04/19)
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. ln 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
lN 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.04/19)
CONSULTANT:
Printed Name: John Knutson, PE
Title: Principal Water Resources
Engineer
Tax lD#: 91-2149055
THE CITY OF ELLENSBURG:
By: *-#
c
v
B
Printed
Name:
Title
ATTEST'
4'01
qMEN
Cle k
Approved as to Form:
City Attorney
Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support
Page11of11
(PSA Form rev. 04/19)
Exhibit A Scope of Work
REECER CREEK FLOODPLAIN MAPPING AND LEVEE
CERTIFICATION SU PPORT SERVICES
Scope of Work
Aspect Consulting LLG, 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. lt is important for
the County's flood mapping project to be coordinated with, and account for the City's planned
improvements in the area. ln 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 lnsurance Program (NFIP) as
providing protection during a 1O0-yearflood 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 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, modeli ng 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 ltemize 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 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 Aspecf's work will be
conducted on a flexible time and materials basis not to exceed an initial budget of
$15,000 without City approval. Depending on the actual amount of work needed during
Phase 1, the budget may need to be supplemented. Aspecf's standard 2020 Schedule of
Charges will be used
a
a
a
Reecer Creek Floodplain Mapping and Levee Certification Support - Scope of Work Page l2
Exhibit B - Schedule
Schedule
Aspect will commence work upon receiving notice to proceed from the City. Completion of the
work is dependent upon agencies and entities outside Aspect's controltherefore preparing a firm
completion schedule is not possible. However, Aspect will strive to complete Phase 1 and any
authorized subsequent phases within approximately one year.
Reecer Creek Floodplain Mapping and Levee Certification Eupport - Schedule Page I 1
ExNUtC-RateScheduDe
.Aspect SCHEDULE OF CI{ARGES
Weave January 2020CONSULTING
Unless othen /lse stated in the proposal or services agreement, current rates are as follows:
PERSONNEL CHARGES: ENGINEERS, SCIENTISTS, AND ANALYSTS
Principals and Associates
Principal ScientisvEngineer/Analyst 2
Principal ScientisvEngineer/Analyst I
Sr. Associah Scientisfl Engineer/Analyst
Associate Scientist/En g ineer/Analyst
Te ch n i c& Profess i on a ls
Senior ScientisvEngineer/Analyst 3
Senior ScientisVEngineer/Analyst 2
Senior Sdenu$/Engineey'Analyst t
Project ScienusvEngi neer/Analyst 3
Project Scientist/En g i neer/Ana lyst 2
Prcject Scientst/En gineey'Ana lyst 1
Stall ScientisyEngineey'Analyst 3
Stall Scienusf/En gineer/Analyst 2
Staff ScienusvEngineer/Analyst 1
Hourly Rafe
$263
$249
$230
$21s
$21s
$n2
$188
$173
$160
$1s0
$138
$12s
$116
PERSONNEL CHARGES: TECHNICAL AND PROJECT SUPPORT STAFF
Held/Construction Staff
Field/Constructlon Supervlsor
Field Technician 2
Field Technician J
Design. CAD, and Graphics Staff
Engineering Designer
Sr. CAD Technician/Speclalist
CAD Technician
Technical Editing and Project Operations
Sr. Technical Editor
Technical Edltor / Project Coordinator 3
Project Coordinator 2
Project Coordinator 1
Hourly Rate
$128
$104
$s7
$1s0
$13s
5119
$120
$109
$101
$s6
PERSONNEL CHARGES: TECHNOLOGY AND SOFTWARE DEVELOPMENT
Sr. Technology Project Manager
Technology Project Manager
Senior Softwa relData base Archited/Developer
Software/Database Arch itecVDeveloper
Hourly Rafe
$2a
$208
$213
$187
OTHER DISBURSEMENT CHARGES
Legal Testimony f4-hour minimum)
Mileage
Subcontractors and Miscellaneous Expenses
Qther equipment, rcnhls, and expens$ will be provided on a per job basis.
$3s0/hr
Federal Gov Rate Plus 15olo
Cost Plus 15olo
Client acknowledges that Aspect will adjust the schedule of cnarges annually, and that the Agreement Mt remain valid
for any and aI annually adjusted Schedule of Charges.
Reecer Creek Floodplain Mapping and Levee Certification Support - Rate Schedule Page I 1
ExhibitD-TaskBudget
Taek Tirna end Mafarialc Rrrrlaraf
Task 1: Phase 1 Support Services $15,000
Reecer Creek Floodplain Mapping and Levee Certification Eupport - Task Budgef Page I 1
\Aspect
l. o rtr, ,T rN G
Amendment to Professional Services Agreement
Amendment No.: I Project No.: 200064 Date: July 6,2020
Client: City of Ellensburg
Project Name: Reecer Creek Floodplain Mapping and Levee Certificatiorr Support Services
Aspect Consulting, LLC (Aspect) is providing this Arnendment No. 1 in order to
continue providing on-call Reecer Creek floodplain rnapping 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,
r Developed a levee certification strategy for discussion with the City and the
County's floodplain mapping consultant, WSE.
r Held a conference call with WSE to review their flood rnapping products,
Aspects design products, the levee certification strategy, and data sharing and
coordination goals.
e Held a conference call with the City to discuss the levee certification strategy,
the WSE meetingo and recommended next steps.
r Transferred Aspect's Reecer Creek project data to WSE for updated modeling.
r Prepared a memo summarizing work conducted, coordination with WSE, levee
certification strategy, and recommended next steps.
o Continued to coordinate with WSE on the status of additional modeling.
r Researched HPA regulations for work above the OHWL.
r Held a confereuce call with the City to refine the levee certification strategy,
particularly related to the I-90 tie-in,
r Reviewed information regarding the I-90 levee tie-in vicinity, the I-90 bridge,
and the City's path through the bridge. \
r Researched Corps standards for levee-floodwall transitions.
o Developed I-90 levee-floodwall tie-in schematics for discussion with the City,
o Held a conference call with the City to discuss meeting with the County FCZD
and likely fuhrre tasks necessary to obtain levee certification.
r Scheduled another conference call with WSE (for June 29tr').
This arnendment revises Section 5 and Exhibit D of the Professional Services
Agreement between Aspect and the City (dated February 'lth,2020) to provide
additional funding for Aspeet to continue services as described in Task I of Exhibit
A of the agreement. Expected services under this amendment include: additional
conference calls/rneetings with the City, County, and WSE; reviewing and
commenting on WSE modeling products; additional coordination with FEMA;
development of additional levee/road/swale rnodification concepts; and other related
work.
AmendmentNo. I Cost:
$15,000
Total Revised
Agreement Section 5
and Exhibit D Cost:
$30,000
Amendment No. I
Services Will Be Billed
on a Time and Malerials
Basis according to the
Rate Schedule included
as Exhibit C with the
original Agreement.
Description of Amendment Cost
Bainbridge lsland Office:
Bellingham Office:
Seattle Office:
Wenatchee Office:
Yaklma Offlce:
350 Madison Avenue North. Bainbridge lsland, WA 981 10 (206) 780-9370
907 Harris Avenue, Suite 301, Bellingham. WA 98225 {360) 746-8964
401 Second Avenue S, Suite 201. Seattle, WA 98104 12061 328-7443
23 South Mission Avenue, Suire C, Wenatchee, WA 98801 (509) 888-5766
123 East Yakima Avenue, Suite 200, Yakima, WA 98901 (509) 895-5957
www.aspectco nsulti ng.com
Aqsumntions: The ffirt irnolved lo conlinue Task I is turcertain, therefore Aspect's
workwill be conducted on aflexible lirne and awterials basis not ta exceed the totcl
amended budget without City appraual.
This clrange amends the agreement between Aspect Consulting, LLC & the City of Ellensbulg dated February
Jtt',2020. Except as amended above, all tenns and conditions of the agreement apply to this contract chauge.
By
Printed Name: John Knutson, PE,
IW
ASPECT CONSULTING, LLC
a limited liability eonpcrny
Office:
By
CLIENT
Printed NamenT(e: 1 // ,/,o;^r L
Amendment No. 1
Project No. 20064
Page2
,--* d7
AGREEMENT FOR PROFESSIONAL SERVICES
tsE-TWEEhI TFIE CITY OF ELN-ENSBURG
AhID
ASPECT COI{SUI.T'ING, LLC
RELATING TO; Reecer Creek Floodplain Mapping and Levee Certification Support
Services
THIS TIME AND MATERIALS STANDARD BlLLlNc RATE CONTMCT 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 "CONS U LTANT").
,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 fodh below, the parties hereto agree
as follows:
2. SGOPE 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 of11
(PSA Form rev,04/19)
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 fotth 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 pefformed, 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.
lnvoices 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 totalfor 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. ln 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
afterthe 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
Page2of11
{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 10o/o of the Maximum Compensation as
shown in Section 5 of this Agreement. The amount included forthe Management
Reserve Fund is $0.00. This fund may not be replenished. Any changes requiring
additional costs in excess of the Management Reserve Fund shaltbe 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 Clry 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. RE!-ATIONSHIP 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 seruices 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 clrY, 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 lnternal Revenue Service and the
Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support
Page3of11
(PSA Form rev- 04/19)
state of Washington, and as may be required by RCW s1.0s.19b, to establish
CONSULTANT's status as an independent contractor.
7. OWNERSI'IIP 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 ottne
documents, by the CITY or by others acting through or on behalf of the Clry, 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 promply
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 avaitable to
the CITY as provided in this Agreement.
9. NONDI$CRIMINATION. 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, retating 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,
sexua I o rientation, disability or other legally protected classification.
{0. SUBCONTRACTING
10.1. The CONSULTANT shall not sublet or assign any of the work covered by
this Agreement without the written consent of the ClTy.
10.2. ln 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 sup[lier shall
Professional Services Agreement for Reecer Creek Floodplain Mapping and Leveo Certification Support
Page4of11
(PSA Fonn rev.04/19)
be notified by the CONSULTANT of CONSULTANT's obligations under this Agreement,
including the nondiscrimination requirements.
10.3. ln performing this Agreement, the CONSULTANT shall not subcontract
with or employ any CITY employee without the CITY's written consent.
11. SUPERVISION, INSPECTIONAND PERFOR,MANCE.
11.'r. 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 peform 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 peform 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 similai 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, repods, and other products prepared
under this Agreement.
12. CHANGES lN 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
Page5of11
(PSA Form rev. 04/19)
Agreement. The CITY shall not be responsible for paying for such extra work unless
and untilthe 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 substantiatly fails to fulfill any or all of its material
obligations through no fault of CITY. lf 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. ln such event, CITY shall consider the
actual costs incured by CONSULTANT in perlorming 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 perforrned to
the date of termination. Under no circumstances shall payments made underthis
provision exceed the Schedule of Charges. This provision shall not preclude ClTy from
fiting claims and/or commencing litigation to secure compensation for damages incurred
beyond that covered by withheld payments.
14.3. ln 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 actualwork 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 ClTy.
15. INDEMNIFICATION/HOLDHARMLESS.
Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support
Page6of11
(PSA Form rev. 04/19)
15.1. The indemnification and defense obligations specified in this Section 15
("lndemnity Obligations") have been mutually negotiated and shall survive the
expiration, abandonment, or termination of this Agreement. The lndemnity 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.
lnspection, acceptance or payment by CITY of or for any Services performed by
CONSULTANT shall not be grounds for avoidance of any lndemnity 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
professionaljudgment in the performance of architectural, landscape architectural,
engineering, or land surveying services such that RCW 4.24.11s 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 indernnity under this subparagraph
does not, however, extend to losses caused by the negligence (whether sote,
concurrent or contributory) of the CITY.
15.1.2. Construction claims. ln the event that this Agreement is relative to
the construction, alteration, repair, addition to, subtraction from, iilrprovement 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 4.24.11s,
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 ClTy.
15.2. ln any and all claims against the ClTy 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 lndustrial
lnsurance 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 propedy
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
Page7of11
(PSA Form rev.04/lg)
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 othenryise limit the CITY'S recourse to any remedy
available at law or in equity.
'16.3. Minimum Scope of lnsurance. 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 lnsurance Services Office
(lSO) form CA 00 01 or a substitute form providing equivalent liability coverage. lf
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 pedormed for the ClTy; and,
16.3.3. Workers' Compensation coverage as required by the lndustrial
lnsurance laws of the State of Washington; and
16.3.4. Professional Liability insurance appropriate to the CONSULTANT's
profession.
16.4. Minimum Amounts of lnsurance. 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 91,000,000 per accident.
16.4.2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, 92,000,000 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 lnsurance 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 Clry shall be excess of the CONSULTANT's insurance
Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification SupportPageBofll
(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 insurer's liability.
16.6. Acceptability of lnsurers. lnsurance is to be placed with insurers with a
current A.M. Best rating of not less than A:Vll.
16.7. Verification of Coverage. CONSULTANT shallfurnish the ClTy with
original cedificates 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 CIW 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 LAWruENUE. 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. Allcommunications 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 iegistered 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 Agreemenl for Reecer Creek Floodplain Mapping and Levee Certification SupportPage9of11
(PSA Form rev.04/19)
Yakima, WA 98902
19. EhlTlRE 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 parlies with respect to the subject
matter hereunder is contained in this Agreement and the referenced Exhibits.
20. PRIORITY OF DOCUMENTS. ln 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
lN 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 1 1
(PSA Form rev.04/19)
By:
coiltsr,Jr_TAf{T:
Printed Name: John Knutson, FE
Th[E CITY OF E[.[-HN$BUR,G:
By;
Printed
Name l.-
Title:I
Title: Principal Water Resources
Engineer
Tax lD#: 91-2149055
as to Forml 1
City Attorney
Professional Services Agreement for Reecer Creek
Page11of11
(PSA Form rev.04/19)
L.)d Pr{
Floodplain Mapping and Levee Certification Support
Exhibit A, - Scopo of Wsrk
REEGHR EREEK FLOONPLAIhU MAPPIhIG ANIS LEVES
CERTI FHCATIOhT $ TJ PPORT SERVICES
Scope of Work
Aspect Gonsulting LLC, February 4th,2020
Background
Aspect Consulting, LLC (Aspect) has been selected by the City of Ellensburg to provide support
services related to floodplairr 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 currenly
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. lt is important for the
County's flood mapping project to be coordinated with, and account for the City's planned
improvements in the area. ln 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 lnsurance Program (NFIP) as providing protection
during a 1O0-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 potentialchanges needed to rneet FEMA's standards. This phase
willalso 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 oxisting 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 initialtwo 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 finalflood map
revisions, additional meetings with the City and/or FCZD, etc.
Reecer Creek Floodplaln Mapping and Levee Ceftification Support - Scope of Work page | 1"
Exhihfit A - $cope of Wonk
$cope of WorBr
Aspect's scope of work for Phase 1 of work is provided below. Project management activities
suclr 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 $upport $ervices
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 construrtion '.
standards and estimated freeboard under proposed conditions. Also niview 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 io meet FEMAs 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 resulis and
related discussions with the FCZD and their consultant.
1.6 ltemize 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
o Phase 1 Reecer Creek Floodplain Mapping and Levee Ceftification Support Serylces
Memorand um (.pdf format).
Task 1 Assumptions
n CW 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 Aspecf's work wiil be
conducted on a flexible time and materials basis nof to exceed an initiat budget of
$_15,000 wijhout City approval. Depending on the actual amount of work neeled during
Phase 1, the budget may need to be supplemented. Aspecf's standard 2020 Schedule of
Charges will be used.
e
Reecer Creek Floodplain Mapping and Levee Certilication Support - Srope of Work page | 2
Exhibit B - Schedule
Schedule
Aspect will commence work upon receiving notice to proceed from the City. Completion of ihe
work is dependent upon agencies and entities outside Aspect's controltherefore 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 Certilicatlon Support - Schedule page | 1
Exfiihfit e - Rate $ailledrlfie
*ffiqry,g,tf sC["{EmUtr 0F CHARCE$
Eif ectiv e J e nu ctry ZAZ(,
Unless othennlse sioied In lhe proposol or 5eMce! ogreemenl, (urenl rotes ore os foflor',s:
FTASONNEI CHARGE!: fNGINEEft$, SCI!NTIS'$, AN} A}JA!.YSTS
FinciFah snd Asscciola.t
Pdncipql Scl€nllst/Enginesr/Anolyst 2
Princlpul Sclenllsl/Englnaer/Anqlyst I
Sr. As3peldle Sclenllsl/Englneer/Anolysl
Assoclole Sclenfl il/EngineerlAnolyst
Ia c h nic dl ? hl a s sia n dls
Srnior Sclenlist/Engineer/Anolyst 3
Senlor Scienlist/Englneer/Anolysl 2
Senlor Sclenllsl/Englneer/Anollsi I
Prolect Scienlisi/EnBlneer/Anolyst 3
F €JeclScl€nlisl/Englneer/Anolyst 2
ProJecl Sclonllst/Enginser/Anol!6t I
Sloll Sclenlist/Englneer/Anolyst 3
SlElt Sclenllst/Englneer/Ariolyst 2
Sldtl SciEnlist/Enolneer/Anolysl t
Hawly Rq.le
$%3
$249
$23o
S2i5
$215
f!82
$188
$173
$l60
$l50
$r38
$r25
$r r6
PER$ONf{Ft CHAR€ES: TECHNICAI" AND PE$JECT $UFIONT STi\FF
f ield / C o nslrt cli o n Slatl
Fleld/Consiruclion Supervlsor
Held Technlcldn 2
field l€ehnleldn I
0e:i9n. CAD, end Gfspllic* tlcrit
Engln6Ering Deslgner
Sr. CAo Technlclon/Speciolhl
CA0 Techntclon
Iechnlcol Editing dnd Prgt€ct Operqlienr
5r, Technlcol Edllor
Technlcol Edllor / Prolecl Coordinotor 0
Prolecl Coordlnalor 2
Projecl Coordlnalar I
Helrily Rale
$r28
$104
$e7
$I50
$135
$l r9
$:20
$t0?
$r0r
$e6
TERTONNEL CHARGES: IECHNOLOGY AND T*FTWART DEVfLOPfu\ENT
3r. Technology Projecl Manoger
Technology Projecl Mcnoger
Senlor Sottwore/Oolobos€ Archilect/Develop€r
Sotlwdre/Dotobose Archllecl/0.vclop.r
ttourlr Rate
$?24
$208
$2r3
$187
OTHER DISSURSEMf NT CHARGES
leg6l Teslimony l -hour minlnluml
Mileoge
Subconkoclors ond Miscellsneous Fxpernes
Oth.r egulpm.nl, rentdls. End cxpanrcr vrlt be Frovided on .r Feljob besls.
$350/hr
Federol Gov Rote Plu: 15%
C{r!t PIus l5%
Alent ocknolvleQlges thof Aspeci wlll odjult lhe Schedule oi Chorges onnuolfy, oriC tliol th* Agreemeni u,,lll remoln vollci for ony oncl
dll onnuaily od]usted $chedule of Chorgei,
Reeter Creek Floodplain MappinE {tnd Levee Certification Support - Rate Schedule Page | L
ExhibitD-TaskBudget
Task Time and Materials Budget
Task 1: Phase 1 Support Services $15,000
Reecer Creek Floodplaln Mopptng snd Levee Certificdtion Support -Task Budget page | 1
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF ELLENSBURG
AND
ASPECT CONSULTING, LLC
RELATING TO: Reecer Greek Floodplain,Mapping and Levee Gertification Support
Services
THIS TIME AND MATERIALS STANDARD BILLING RATE CONTMCT 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 cha nges as may requ 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 of11
(PSA Form rev.04/19)
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 PERFORMANGE, 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 OoNSULTANT as set forth in this section of
the Agreement. Such payment shall be full compensation for work performed, services
rendered, and alllabor, materials, supplies, equlpment 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.
lnvoioes shalldetail the woik, 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. ln 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 ClTy.
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 Servlces Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support
Page2 of 11
(PSA Form rev, 04/19)
allowable unforeseen costs, or reimbursing the CONSULTANT for additiorialwork
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 localtaxes 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 Clry, 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 Etfective Date, CONSULTANT shall file,
maintain and/or open all necessary records with the lnternal Revenue Service and the
Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support
Page3of11
(PSA Form r€v. 04/19)
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. REGORDS. 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 Clry. 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 wlllwelcome 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. ln 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
Page4of11
(PSA Form rev,04/19)
be notified by the CONSULTANT of CONSULTANT's obligations under this Agreement,
incl ud i ng the nond iscri mination requirements.
10.3, ln performing this Agreement, the GONSULTANT shall not subcontract
with or employ any clw employee without the clry's written consent.
11. SUPERVISION, INSPEGTION 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 quatified,
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 ClTy;
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 professionat standards,
performance, and actionsi of all persons and firms performing the Services under this
Agreement. CONSULTANT shall, without additional compensation, correct any speci1c
breach of a contractual obligation in the Services and revise any errors or omiisions in
any plans, designs, drawings, specifications, reports, and other products prepared
under this Agreement.
12. CHANGES lN 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 Ma
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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. lf CITY terminates allor part of this Agreement for
default, CITY shall determine the amount of Services satisfactorily performed to the
date of termination and the arnount owing to CONSULTANT using the criteria set forth
below; provided that (a) no arnount shall be allowed for anticipated profit on
unper.formed 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. ln such event, CITY shall consider the
actual costs incurred by CONSULTANT ih performing the Services to the date of
termination, the amount of Services originally required which was satisfactorily
completed to the date of termination, whetherthe 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 Clry 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 pqovision 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. ln the event this Agreement is terminated prior to the completion of the
work, a final payrnent 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/HOLDHARMLESS.
Professional Services Agreement for Reecer Creek Floodplain Mapping dnd Levee Certification Support
Page6of11
(PSA Form rev,04/19)
15.1. The indemnification and defense obligations specified in this Section 1S
("lndemnity Obligations") have been mutually negotiated and shall survive the
expiration, abandonment, or termination of this Agreement. The lndemnity 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,
lnspection, acceptance or payment by CITY of or for any Services performed by
CONSULTANT shall not be grounds for avoidance of any lndemnity 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
professionaljudgment in the performance of architectural, landscape architectural,
engineering, or land surveying services such that Rcw 4.24.11b would appty,
CONSULTANT shall defend, indemnify, and hold the CITY harmtess 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, ln the event that this Agreement is relative to
the construction, alteration, repair, addition to, subtraction from, iirprovement 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 ClW.
15.2. ln 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 lndustrial
lnsurance 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 forthe 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
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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 otheruise limit the CITY'S recourse to any remedy
available at law or in equity
16.3. Minimum Scope of lnsurance. 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 lnsuranee Services Office
(lSO) form CA 00 01 or a substitute form providing equivalent liability coverage, lf
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 lndustrial
lnsurance laws of the State of Washington; and
16.3.4. Professional Liability insurance appropriate to the CONSULTANT's
profession
16.4. Minimum Amounts of lnsurance. 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 lnsurance 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
PageBofll
(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 insurer's riability.
16.6, Acceptability of Insurers. lnsurance is to be placed with insurers with a
current A.M. Best rating of not less than A:Vll.
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 OONSULTANT 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 yvill or has been canceled, whichever occurs earliest,
17. APPLICABLE LAWruENUE. 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
Page9of11
(PSA Form rev.04/19)
Floodplain Mapping and Levee Certification Support
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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, ln 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,
constitutds 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
lN 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 1 1
(PSA Form rev.04/19)
By:
CONSULTANT:
Printed Name: John Knutson, PE
THE CITY OF ELLENSBURG:
By:
Printed
Na /<U
Title: Principal Water Resources
Engineer
Tax lD#: 91-2149055
App as to Formt .r
City Attorney
Professional Services Agreement for Reecer Creek Floodplain Mapping and Levee Certification Support
Page11of11
(PSA Form rev.04/19)
4dTitle FrA
Exhibit A - Scope of Work
REECER CREEK FLOODPLAIN MAPPING AND LEVEE
CERTIFICAT!ON SUPPORT SERVICES
$cope of Work
As Consulti LLC Feb 4th 2020
Background
Aspect Consulting, LLC (Aspect) has been selected by the City of Ellensburg to provide support
services related to floodplairr 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. lt is important for the
County's flood mapping project to be coordinated with, and account for the City's planned
improvements in the area. ln 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 lnsurance Program (NFIP)as providing protection
during a 1O0-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 identifu 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 initialtwo 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 finalflood map
revisions, additional meetings with the City and/or FCZD, etc.
Reecer Creek Floodplain Mapping and Levee Certificotion Support - Scope of Work Page | 1
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 Provlde the City's levee, bridge, and floodplain swale design information to the F1ZD
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 ltemize 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
r Phase 1 Reecer Creek Floodplain Mapping and Levee Ceftification Support Services
Memorandum (. pdf format).
Task 1 Assumptions
City staff are available to help gather data and/or provide GtS products during Phase 1
work.
The amount of work involved in Phase 1 is uncerlain, therefore Aspecf's work witl be
conducted on a flexible time and materials basfs nof to exceed an initiat budget of
$_15,000 wilhout Ctty approval. Depending on the actual amount of work neided during
Phase 1, the budget may need to be supplemented. Aspecf's standard 2020 Schedute of
Charges will be used.
a
a
Reecer Creek Floodplain Mapping ond Levee Certification Support - Scope of Work page | 2
Exhibit B - Schedule
Schedule
Aspect will commence work upon receiving notice to proceed from the City. Gompletion of the
work is dependent upon agencies and entities outside Aspect's controltherefore preparing a
firm completion schedule is not possible. However, Aspect will strive to complete Phase 1 and
any authorized subsequent phases within approximately one year.
Reecer Creek Floodploin Mapping and Levee Certlfication Support - Schedule Page | 1
Exhibit C - Rate Schedule
\Aspect
l.o*tsuLTrNG
SCHEDULE OF CHARGES
Etfeclive January 2020
Unless olherwlse slored in the proposol or servlces qgreemenl, currenl roies are or follows:
FERSONNET CHARG€s: ENGINEERS, SCITNTISTS, AND ANAIY$TS
F r in cipqk ond Associotas
Princlpol Scierllisl/Engine6r/Anoly5l 2
Principol Scienlisl/Engineer/Anolysl I
Sr, Aisociql€ Scienllsi/Fngineer/Analyg
As:oclolt Sclentisi/Englneer/Anolysl
tecl,'l icd, P/ofessioncJ''
Sonior Scieniisl/Engineer/Anol)6t 3
Senioi ScientistlEngineer/Ano1161 2
Senlor Sclenlisl/Engineer/Anolysl I
ProJecl Scieniist/Englneer/Analysl 3
Project Scienli:l/Engineer/Anotysl 2
Projecl Scienthl/Fnoineer/Anolysl I
Sloll Sclenlisl/Englneer/Anolysl 3
Slott SclenllsVEnglnee/Anolysl 2
Slotl Sdentlst/Englneer/Anolyil I
tlovtly Rate
$2ls
$202
s188
$!73
$l60
$150
$138
$l2s
$r i6
$263
$249
$2s0
$215
FERSONNEL CHANGEs:TECHNICAT AND FROJECI SUPPORI sTAFF
f i aH I Ca nth u clio n Sl slt
tield/Construclion Supervisot
Field Technlclon 2
Field Techniciqn I
tetign, CAD, and 6rophl* Slolf
Engineerlng 0etlgner
Sr. CA0 Technlclon/Specloilst
CAD lechnlcion
IF.hnical Editlng dnd PrcJe.l Aperations
Sr, Iechnicol Edllor
Iechnicol Edltor / Projecl Coordinolor 3
Ptoiecl Coordlndlor 2
Prolecl Coordlnolor I
ttouily Rdle
$l2s
$r04
$77
$150
$r35
iilt
$r20
$r0e
$rol
$96
PERSONNET CHARGES: TECHNOIOGY AND SOTTWARE DEVELoPMENI
5r. Technology Proiecl ll,ldnqger
Technology ?roJecl Monoger
Senlor Sotlware/Dolobose Archllecl/Devolopet
SoflworelDolsbose Archllect/Dcvolopcr
Hovrly Rale
$224
$108
$2r3
$187
OTHER DISBUR$EMENl CHARGES
legol laslimony l4-hour minlnruml
Mileoge
Subconlroclon qnd Mlscelloneous Expenses
Olh.' cqulpmcnl, rcnlols, ond cxpenrar wlll br provJdtd on o per lob bcsls.
$350/hr
fuclerol Gov Role ?lus l5%
Cosl llur 15%
Ctleni ocknoMedges thoi Aspect lvlll odiuJt the Schedsle oi Chorges onnuo,ly,
all o,nnually adjusfed Schedute of Chorgee,
ond lhot the Agreemenl wtll remo,n volld for ony ond
Reecer Creek Floodplain Mapping snd Levee Certification Support - Rate Schedule page | 1
ExhibitD-TaskBudget
Task Time and Materials Budget
Task 1: Phase 1 Support Services $15,ooo
Reecer Creek Floodplain Mapping and Levee Certificdtion Support -Task Budget Page I L
Srp,ssl
Amendment to Professional services Agreement
Amendment No.: 2 Project No.: 200064 I)ate: January 4,2A21
Client: City of Ellensburg
Project Name Reecer Creek Floodplain Mapping and Levee Certification Support Services Ploject
Description of Amendment Cost
Aspect Consulting,
analysis and design
LLC (Aspect) is providing this Amendrnent No. 2 to provide
services to facilitate levee certification for the City of Ellensburg
(Client). See Attachrnent I for the Amendment No. 2 Scope of Services.
This amendment revises the Professional services Agreement between Aspect and
the City (dated Februzry 7,t',2020):
l. The Exhibit A Scope of Work provided under Section 2 of the original
Agreement is amended to include the extra work services shown in
Attachment 1 to this amendment.
2. The Time of Performance section 3 and schedule Edribit B is extended by
one year, through February 26,2022.
3. The Payment Section 4.1 and Exhibit C ofthe original Agreement is
amended to update the Consultants standard rate schedule to that shown in
Attachrnent 2 to this amendment.
4. A Management Reselve Fund (Task 5) of $11,000 is established per Section
4.7 of the original Agreement.
5. The Maximum Compensation Section 5.1 of the original Agreement is
fufther amended to increase by $81,637. Amendrnent 1 increased the
original amount to $30,000, which is further increased to $111,637 by this
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.
AmendmentNo.2 Cost:
$81,637
Total Revised
Agreement Section 5
and Exhibit D Cost:
$111,637
AmendmentNo.2
Services Will Be Billed
on a Time and Materials
Basis according to the
Rate Schedule included
as Attactunent 2 to this
Amendment.
This change amends the agreement between Aspect Consulting, LLC & the City of Ellensburg dated
7tt',2020. Except as amended above, all terrns and conditions ofthe agreement apply to this cintract
February
change.
ASPECT CONSULTING, LLC
a limited liability compqny
By:
Printed Name:Knutson, PE
Water Resources
Office:Yakima
CLIENT
City of Ellensburg
By:
Printed Name/Date:PE, Public Works and Utilities Director
February 4,2021
Bainbridge lsland Oflice:
Bellingham Office:
Seattle Office:
Wenatchee Office:
Yakima Office:
350 Madison Avenue North, Bainbridge lsland, WA 98110 (206) 780-9370
907 Harris Avenue, Suite 301, Bellingham, WA 98225 (360) 746-8964
401 Second Avenue S, Suite 201, Seattle. WA 99104 (206l g2A-7449
23 South Mission Avenue, Suite C, Wenatchee. WA 9SB0l (S09) 8gg-5766
123 East Yakima Avenue, Suite 200, Yakima, WA 98901 (809) 89b-S9b7
www.aspectconsu lting.com
Attachment 1 to Amendment2 - $cope of V\lork
Reecer Creek Flood plain Mapping and Levee Certification Support
Services Design and Gertification Services
Scope of Work
Aspect Gonsulting LLC
Prepared January th, 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 Ftoodplain
Mapping and Levee Certification Support Seryices 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 10O-year discharge; changes in
stage-discharge relationships; and the sources, potential, and magnitude of debris,
sediment, and ice accumulation. lt 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 1ow
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
deepest/fastest 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 i. I page
Attachment 1 to Amendment2* 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. lnterior 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 Plan (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.
ln addition to the above technical reports, a FEMA certifiable connection between the lower
Reecer Creek Levee and the l-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
ceftification requirements at the l-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 1 - Complete g0% Design Package for Lower Levee to t-90 Bridge
Connection.
'/ Amendment 2 Task 2 - Prepare Final Design Package and Bidding Documents for
Lower Levee to I-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
Desrgn and Levee Certification and CLOMR Processes.
{ Amendment 2 Task 5 - Management Reserue Fund
Aspect's project management time is embedded in each task.
Amendment 2 Task 1: Gomplete g0% Design Package for Lower Levee to l-g0
Bridge Connection
Aspect will develop a 90% Design Package for the lower levee to l-90 bridge connection
Aspect's Task 1 services include:
Reecer Creek Floodplain Mapping and Levee Certification Support Services Project 2 | page
Attachment 1 to Amendment 2 - Scope of Work
1.1. Complete a site visit to review conditions in the vicinity of the lower levee and l-g0
bridge.
1.2. Gather and review existing survey, geotechnical, structural, flood, utility, easement,
and as-built data for the lower levee, l-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 9A% Design Package for a lower levee to l-g0
bridge connection, ihis is assumed to involve reconfiguring the lower levee and
extending iVconnecting 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 l-90
bridge connection.
'1.6. Prepare 90% materials quantities and construction cost estimate.
1.7 . Prepare a g0% bid schedule.
1,8. Complete internal QA/QC review and submit the 90% Lower Levee to l-90 Bridge
Connection Design Package to the City and/or Gounty 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 I-90 Bridge connection g0% Design package (pDF format):
- Topographical basemap and g0% design and rESC an 11" x 17" pran sheefs.- Standard defails and specifications.- Special provisions and specifications.- Engineers estimate of probable project cost.- Bid schedule.
a
Task 1 Assumptions
. Sife visit involves two Aspect engineers for half a day.r No new suruey or geotechnicalworkis needed, or suruey work is provided by the
County.
. No major utility conflicts requiring significant utility retocation design effort.. Given existing infrastructure constraints, Aspect does nof guarantee any particular
freeboard can be achieved at and througtt the l-90 bridge.. One 90% design review cycle by the City.. No permitting or agency coordination support.
Reecer Creek Flaodplain Mapping and Levee Certification Support Services Project 3 | page
Attachment 1 to Amendment 2 - Scope of Work
Amendment 2 Task 2: Prepare Final Design Package and Bidding Documents for
Lower Levee to l-90 Bridge Connection
Aspect will develop a Final Design Package for the lower levee to l-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 l-90 bridge connection.
2^3 Prepare final project specifications and special provisions.
2.4 Prepare final materials quantities and construction cost estimate,
2.5 Prepare a final project bid schedule.
2.6 Complete internalQA/QC review and submit the Final Design Package to the City
andlor 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 ta l-90 Bridge Connection Final Design Package (pDF format):* Topographical basemap and final design and IESC on 11" x 17" plan sheefs.- Final standard details and specifications.
- Final special provisions and specifications.* Final engineers estimate of probable project cost.- Finalbid schedule.
Task 2 Assumptions
. Anly minor changes due to comments on the g0% design package (no new or significant
re-work).
r 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 technicalanalyses.
3.2 Completing a field visit to review conditions and identify key levee segments for
detailed analyses.
3.3 Completing technicalanalyses (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 e mentioned earlier, and is
Reecer Creek Floodplain Mapping and Levee Certificotion Suppart Seryhes Project 4 | page
3.5
3.6
3.7
3.8
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) lnterior drainage; (6)
Attachments as needed.
Complete internal QA/QC review of the draft Levee Technical Report and submit it to
the City and/or County for review and comments.
Review city and/or county comments and prepare recommended responses.
Meet with the city and/or County to review comments, recommended responses, and
obtain direction.
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 suruey or geotechnical exploration is required, or suruey work is provided by the
County.
c As-built data/documentation is available for the lower levee - including levee
construction documentation, cross-section, materials, and crest elevations. lf as-buitt
data is not available then survey and/or geotechnical fietd work coutd be needed, which
wauld require additional funds.
o Field visit involves fwo Aspect engineers for one day.. WSE provides 2-D modeling resulfs and maps to supportthe technical anatyses (flood
exfenfs, BFEs, depths, velocities, etc.).. WSE coordinates with Aspect about flood flows for the flood discharge uncertainty
analysis (for the reduced freeboard request), uses fheir 2-D modet to complete the
analysis, and provides resu/fs fo Aspecf for incorporation into the report.. lt is possrb/e fhaf issues could arise during the technical analysisprocess fhaf
necessrtafe desrgn modifications not covered by Amendment 2.. City prepares Levee Sysfem Operations Plan, Maintenance Plan (OP & MP).. Only minor changes due to comments an the draft report (no new or significant re-work).
Amendment 2 Task 4: Coordinate with city, County, and FEMA During Design and
Levee Gertification and GLOMR Processes
Aspect will coordinale with the City, County, FEMA, and other agencies and stakeholders as
needed during the project. PotentialTask 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 | 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 Deliverables
Miscellaneous meeting materials (PDF format).
Task 4 Assumptions
Coordination effort is uncertain; therefore Task 4 seryrces will be provided on ftexibte
time and materials basls nof to exceed the Task 4 budget of $5,219 without authorization
from the City.
a
a
I
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 1 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 Additionaltechnical 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.
Task 5 Deliverables
To be defined on a case by case basis.
Task 5 Assumptions
When authorized in writing by the City, Task 5 serylces will be provided on a time and
materials basis.
The total lask 5 budget is $11,000.a
Reecer Creek Floodplain Mapping and Levee Certificotion Support Seryrces Project 6 | Page
Attachment 2 to Amendment2- Consultant Rate Schedule
SCHEDU[E OF CHARGES
[ffecfive January 20Zl
unl€'ss otherv/lse slot€d ln lhe proposol or sarvlces ogreemenl, curent rdl€s ofe ds lolrows:
\Aspectlc o N", ,-r '* C
PERSONNEt CHARGES: ENGINEERS, SCIENTISTS, AND ANAIYSIS
Princrpois ond Assocroles
Prlnclpdl Scl€ntlsl/Englne€r/Anolysl 2
Pdnclpol SclenlhtlEnglneer/Anolyst I
Sr. Assoclole ScienlhtlFnglneerlAnotyst
AsJoclole Sclenllsi/Engl neer/Anotysl
Iechnlcol Prolessionols
S€nior Sci6nlkt/Engineer/Anotyst 3
Senlor Scl6nllsl/Englnear/Anolysl 2
Senlor Sctantht/Engtn6er/Anotyst l
ProJecl ScientlsllEngln€€rlAnotysl 3
Projecl Sclentlsl/Englneor/Anolysl 2
ProJect Sclenlhl/Englne6r/Anotysl I
Slqlf Sclenthl/Englneer/Anolysl 3
Sloft SclenlhUEn0lneer/Analysl 2
Slqil Sciontlst/Englneer/Anolysl I
Ho|j/ly Rcle
$?72
$258
$238
t223
$,223
$209
$l9s
$l 7e
$t 6d
$ls5
$l 43
$l 29
$l?0
PERSONNEI CHARGES: TECHNICAT AND PROJEcT SUPPoRT STAFT
F leld lgonstrucll on Sl(:il
tleld/Conslruc'llon Supervlsol
Fleld lechnlclon 2
Fiald I6chnlclon I
Design, CAq ond crophici Sldff
En0lneErln0 Deslgner
Sr, CAD Techntcton/5p€cloilst
CAD Techniclon
fechnlcdl Editing dnd Projecl Qperations
Sr. Tachnlcol Edilor
'leehnlcol Edilor / ProJecl Coordlnolor 3
Prolscl Coordlnqtor 2
Prolocl Coordlnolor I
Houily Rdle
$132
$r08
$r00
$l 5s
$l 40
$l 23
$l ?4
$r t3
$r0s
$ee
PERSONNEI. CHARGES: TECHNOIOGY AND SOFIWARE DEVETOPMINT
Sr. Iechnology ProJect MqndEer
Technolooy PloJecl Mqnqgel
Senlor Softwo16/Dotobose Archllect/Developer
Sollwore/Dolobose Archilect/0eveloper
Houily Rate
$215
|.220
$l 94
OTHER DISSURSEMENT CHARGIS
lagol lesthony (4-hour mlnlmuntl
Mlleoge
Subconlroclon ond fulhcelloneous Exp€nses
Olier equhmenl renfols, ond cxpenres wl,, be provrded on c p.rJob bolis,
$s50/hr
Federal Gov Roie Plus l5%
Cost Plu5 l 5%
qllenl c,e(nowledges
crll onnufl ily oc{usteci
ASpecr will orijusl the
Schedute ot Chor€res.
JCnectule ol cltcrroes onnu0,,y,c,nd lhc,l the Agreentent wflt remctn volld for ony ond
Attachment 3 to Amendment 2 - Task Budgets
Amendment 2 Task Title Labor oDc Subs Total
Task 1 - 90% l-90 Bridse Connection Desion s21.428 $1 50 $21.578
Task 2 - Final l-90 Bridge Connection Desisn $10.445 $10,445
Task 3 - Prepare Levee Technical Report $33,145 $zso $33.395
Task 4 - Coord with Citv/Countv/FEMA/Etc $5.219 $5,219
Task 5 - Management Reserve Fund $11 .000 $1 1.000
Total Amendment 2 Budget $8 r.237 $400 $81.637