Contract for Architectural and Engineering Services for Chehalis Ridge Radio Site BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
RE: CONTRACT FOR ARCHITECTURAL AND ) RESOLUTION NO. \0 '3\
SERVICES FOR CHEHALIS )
RIDGE RADIO SITE )
WHEREAS,Lewis County has a need to relocate a radio transmission tower servicing public safety
communications in and around the Centralia/Chehalis area;and
WHEREAS, the County owns property appearing to meet the requirements for such a relocation;
and
WHEREAS,a Request for Qualifications was issued for Engineering and Architectural Services for
development of said site, including civil engineering, radio tower design, grounding plan and architectural
designs; and
WHEREAS, one Statement of Qualification was received from Don Cushing and Associates, Inc.
from Portland, OR; and
WHEREAS,the Directors of Central and Emergency Services have reviewed the selection process
and agree with the recommendation of the Selection Committee,and as required by RCW 39.80,the County
has negotiated with the selected firm to reach agreement;
NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners (BOCC)
awards the contract to Don Cushing and Associates,Inc.of Portland, OR.
BE IT FURTHER RESOLVED that the Director of Central Services is authorized to sign on behalf
of the BOCC upon presentation of an acceptable contract. /I//
DONE IN OPEN SESSION this OcJ day of V ,2018
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonath eyer Prosec ting Attorney LEWIS COUNTY, WASHINGTON
4
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y: Deputy Prosecuting Attorney dna J Fund, Chair ir
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ATTEST: .••••, Robert C. Jackson, Vice Chair
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Rieva Lester, Clerk of the rtukClifly, 10 Zary S er, ommissioner
Board of County Commissio# A z:
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April 23, 2018
REVISED June 1, 2018
Doug Carey
Lewis County Facilities Manager
Proposal for Civil Engineering Services
Chehalis Radio Site (Lewis County)
We are pleased to submit a revised proposal for professional civil engineering services related
to the new wireless site.
Civil Engineering Scope Items
# Description Fee
1 Site Walk $1,200
2 Site Sketch $750
3 Zoning Documents $3,100
4 Construction Documents $3,550
5 Grading and Erosion Control Plan $1,500
6 Stormwater Report $2,000
7 Access Road Design $1,950
8 Grounding Plan $1,300
9 Meeting conference call $300
10 Meeting in person (per meeting) $500
11 Construction Administration $1,000
12 A&E PM and Coordination per site $4,500
13 Geotechnical Investigation $6,710
14 Geotechnical Seismic modeling $2,750
15 Soil Resistivity $495
16 NEPA Checklist $1,980
17 Archaeological Survey $2,310
18 Tribal Review $2,090
19 CMU shelter foundation structural design (shelter,generator) $3,850
20 Topographic Survey $5,646
21 Final Survey w/1A $800
22 Construction Survey(staking) $1,750
23 Shelter Drawings TBD
24 Land Use Planning and Permitting Services $9,000
25 Reimbursables $500
TOTAL
gif 61, j/
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Agreement
This Agreement made between Lewis County, hereinafter the Owner, and Don Cushing
Associates,Inc.,(hereinafter A/E), as described in the following terms and Conditions to
provide services for:
Chehalis Radio Site Architectural and Engineering Design
Hereinafter, the Project.
This agreement is entered into as of the .�� day of 20 a
By:
rV �'u5mvc
DIRECTOR, A/E PRINCIPAL,
CENTRAL SERVICES
Dated: ,20
APPROVED AS TO FORM
Jonathan Meyer,Prosecuting Attorney
By
Deputy Prosecuting Attorney ed5� 4.01 e : The f� l ,0404e4 f 6/7
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Sernota-' 7her�Are
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LEWIS COUNTY
CONDITIONS OF THE AGREEMENT
Table of Articles
I.OWNER'S RESPONSIBILITIES VII.COMPENSATION FOR ADDITIONAL
SERVICES
II.BASIC SERVICES OF A/E AND
REIMBURSABLES VIII.COMPENSATION FOR
REIMBURSABLES CHANGES DURING
III.ADDITIONAL SERVICES AND CONSTRUCTION
IV.A/E'S ESTIMATE OF CONSTRUCTION IX.TERMINATION
COST
X.GENERAL REQUIREMENTS
V.DEFINITIONS FOR BASIS OF
COMPENSATION XL QUALITY ASSURANCE
VI.COMPENSATION FOR BASIC SERVICES XU.GLOSSARY
ARTICLE I-OWNER'S RESPONSIBILITIES
A.Owner shall designate in writing a representative authorized to act on its behalf with respect to this
Agreement.
B.Before any work is to begin under the terms of this Agreement,Owner shall issue A/E a written
Authorization to Proceed.Any work performed by A/E prior to receipt of the Authorization to Proceed
shall be performed at A/E's risk.
C. Owner shall consult with A/E regarding the general and specific requirements for the Project and shall
furnish A/E a copy of Owner's Project guidelines,including functional requirements,technical
requirements,site requirements,sustainable design requirements,and any other conditions peculiar to the
Project that may affect the design,location,schedule,or cost.
D. Owner may incorporate into the Project documents,drawings,and specifications provided by
consultants retained directly by Owner. In such cases, authorship of such Contract Documents will be
clearly identified.
E. Owner shall furnish required information,approvals and services as expeditiously as necessary for the
orderly progress of the Work.A/E shall promptly notify Owner in writing in the event orderly progress of
the Work is disrupted by failure of Owner to provide such information,approvals or services,and the
Project Schedule shall be adjusted as mutually agreed.
F.When the Construction Cost Estimates or the lowest responsive,responsible bids differ from the MACC,
Owner shall cooperate with A/E in making necessary program,design alternatives and budget decisions to
reconcile the differences.
G. Owner shall reimburse the A/E for or shall separately furnish, if reasonably required for the Project and
requested by A/E,a land survey of the site,prepared by a registered land surveyor.The survey shall
indicate applicable grades and lines of streets,alleys,pavements and adjoining property,rights-of-way,
restrictions,easements,encroachments,zoning,deed restrictions,boundaries and contours of the site.The
survey shall also indicate locations, dimensions,and data pertaining to existing buildings,other
improvements and trees,and information concerning location of service and utility lines,both public and
private,above and below grade,including inverts and depths as indicated by available records.The survey
shall be referenced to a Project benchmark.
H.Owner shall arrange and pay for the required advertisements for bid and other legal notices.
I.Owner shall reimburse the A/E for or shall separately furnish the services of a geotechnical engineer or
other similar consultant necessary for determining soil,subsoil,and air or water conditions if such services
are reasonably required by the Project. Such services may include test borings,test pits,soil bearing values,
percolation tests,air and water pollution tests,and other necessary operations for determining soil,subsoil,
air,or water conditions.
J. Owner shall furnish other applicable testing services if reasonably required for the Project.
K.The A/E may reasonably rely upon the accuracy and completeness of Owner furnished services,
information,surveys and reports required by Article I.
L.Owner will assist the A/E in coordinating the Project with all Agencies Having Jurisdiction(AHJ).
M.Owner shall provide information for the Project,including a program that shall set forth Owner's
objectives,schedule,constraints and criteria,including space requirements and relationships,flexibility,
expandability,special equipment,systems and site requirements.
N.Owner shall establish and update an overall budget for the Project,including the construction cost,
Owner's other costs,and reasonable contingencies related to all of these costs.
ARTICLE II-BASIC SERVICES OF A/E
A.General Items
1.A/E shall exercise that degree of care,diligence,skill and judgment in the rendition of all services under
this Agreement that is normally exercised by A/Es performing work for projects of a size,scope and
complexity similar to this Project.
2.A/E acknowledges the relationship of trust and confidence established between A/E and Owner by this
Agreement.Accordingly,A/E's acts shall be consistent with this relationship. A/E shall further the interest
of Owner through appropriate administration,management and design.
3.Basic services shall be as outlined in A/E's proposal dated August 10,2018 and shall serve as a
preliminary scope of services, attached as exhibit A. Prior to the start of Project,A/E shall prepare for
Owner's approval a written schedule for performance of A/E's services for the Project.The schedule shall
be in the form and level of detail required by Owner.A/E shall periodically reevaluate the established
schedule and promptly notify Owner in writing of any actual or anticipated deviation of A/E's services from
the schedule.Any adjustments to the established time schedule shall be allowed only when approved in
writing by Owner.A/E shall provide revised time schedules when so approved.Failure to meet the agreed
upon schedule may be grounds for termination of the Agreement.
4.A/E shall employ Owner's"Instructions for Architects and Engineers"and Project guidelines and shall
design the Project in accordance with applicable federal,state and local laws,including statutes,
ordinances,codes,orders,rules and regulations and the requirements for environmental documents
prepared under the State Environmental Policy Act(SEPA)in effect at the time of submission for AHJ
final review.Review and approval of documents by Owner does not relieve the A/E from the responsibility
to conform to the requirements of the program or applicable laws,statutes,ordinances,codes,rules or
regulations.
5.A/E shall ascertain and coordinate the general requirements of all AHJ's.
6.A/E shall review information provided by consultants retained directly by Owner and shall coordinate
with such consultants to coordinate their work and the A/E's work into an overall set of consistent
drawings,specifications and other Contract Documents.
7. A/E shall,in a timely manner,designate and appoint Sub-consultants after conferring with Owner.A/E
shall not appoint any Sub-consultant to which Owner has a reasonable objection.A/E shall incorporate the
provisions of this Agreement,the Scope of Work and the requirements of the Project into the contracts with
Sub-consultants. Upon Owner request,A/E shall furnish a copy of the Sub-consultants contract(s),to
Owner.A/E shall send written notification to the Owner within thirty(30)days following execution of this
Agreement listing all Sub-consultant firms the A/E intends to use and the anticipated dollar value of
participation.Identin,MWBE firms and list their tax identification number(TIN).
8.A/E and Sub-consultants shall ascertain from Owner the general and specific requirements for the
Project including functional requirements,technical requirements,site requirements,sustainable design
requirements,and shall ascertain any other conditions peculiar to the Project that may affect the design,
location,schedule,or cost.A/E shall visit the site and observe existing site and facility conditions to
confirm the adequacy of existing documentation and shall notify Owner of any apparent deficiencies in the
documents provided.
9.A/E shall provide to Owner at least four(4)copies of Project documents. Project documents shall be in
a form and style suitable for presentation,review,and reproduction. If requested by Owner,A/E shall
furnish additional copies and be reimbursed for them in accordance with Articles III and VII of this
Agreement.
10. A/E shall meet with Owner as reasonably requested at a location designated by Owner,to ensure that
the developing design is meeting Owner's requirements,and shall conduct presentations of the Project to
such review groups as may reasonably be required to secure necessary approvals from Owner.Minutes of
the meetings will be prepared by A/E and distributed to attendees.
11.A/E shall provide the services necessary to comply with Owner's document review process.
12.A/E's key personnel and Sub-consultants designated for this Project shall remain assigned for the
duration of the Project unless otherwise agreed to in writing by Owner.Owner shall not unreasonably
withhold approval of staff changes. Owner may require substitution of any personnel or Sub-consultant
provided that Owner has first notified A/E in writing and allowed a reasonable period for adjustments
and/or corrections.
14.Through the programming and planning process,A/E shall assist Owner with analyzing the Project
scope,design alternatives,schedule and budget options to keep the Project within reasonable budgetary
restraints.
ARTICLE III-ADDITIONAL SERVICES AND REIMBURSABLES
A.The services described in this Article III are not included in Basic Services unless so identified
elsewhere in this Agreement and shall be paid for as provided in Article VII.However,Owner has no
obligation to pay A/E for Additional Services performed by A/E prior to receipt of Owner's authorization
for such services.Owner reserves the right to employ other means to accomplish said services.
B.Owner shall pay for the following Additional Services performed,furnished or incurred by A/E,
provided that A/E is not obligated to perform,furnish or incur such services as a part of A/E's Basic
Services.
1.Providing additional on-site Project representation of A/E beyond the extent to which such
representation is already provided for in Article II,Basic Services of the A/E.
2.Providing specialized,detailed,complex design,or services of special consultants which
exceeds the Basic Services such as:
Energy Life Cycle Cost Analysis Specialized Lighting Consultant
Thermal Scans Making Public Presentations
Acoustical Consultant Hospital/Laboratory Consultant
Hazardous Material Consultant HVAC Balancing
Communications Consultant Interior Design Consultant
Geotechnical Investigation Kitchen Consultant
Site Survey Landscape Consultant
Indoor Air Quality Civil Engineering beyond normal req'ts.
Elevator Testing
Security Graphics
Audio Visual
3.Providing consulting services for Owner-supplied equipment or components to be incorporated
into the Construction Contract.
4.Providing design services relative to future facilities,systems and equipment that were not
defined in the initial program.
5.Providing detailed evaluations of existing facilities,and surveys or inventories required in
connection with work not intended to be constructed as part of the Project.
6.Revising drawings or specifications previously approved by Owner when such revisions are due
to changes in Project scope,program changes, changes required by the enactment of revisions to
codes,laws,or regulations subsequent to the preparation of such documents,or other changes
directed by Owner that are not normally made as a part of the Schematic or Design Development
phases.
7.Providing brochures,special graphic presentations,or detailed professionally-built architectural
models beyond those required to comply with Article II.
8.Preparing of documents for and participation in the process for obtaining special permits or
zoning approvals such as Master Use Permit, Conditional Use Permit,SEPA Environmental
Checklist,Shorelines Substantial Development Permit,or preparing an Environmental Impact
Statement unless otherwise provided in this Agreement.
9.Coordination between the Work of this Project and other related projects for which Owner has
agreements with other consultants and/or contractors.
10.Providing a preconstruction presentation of the Project design to Owner representatives
beyond such services already provided for in Article II,Basic Services of the A/E.
ARTICLE IV-AlE'S ESTIMATES OF CONSTRUCTION COST
A.A/E does not guarantee any estimate of the construction cost prepared by A/E nor assume responsibility
for predicting cost fluctuations due to economic or market conditions or a shortage of bidders on the
Project.However,the estimate shall represent AB's judgment as a design professional familiar with the
construction industry of the cost Owner should expect to pay for the construction,not including State of
Washington Sales Tax,Owner's Project contingency funds,consultant services compensation,or other
items in Owner's Project budget.
ARTICLE V-COMPENSATION FOR BASIC SERVICES
A.The fee for Basic Services shall be as indicated in Exhibit A. If at any time the project scope is
amended by agreement of the owner and A/E,the Basic Service Fee shall be adjusted as appropriate. No
fee adjustment shall be made for phases already completed. r -
Pv
B.Owner shall make payment for A/E services monthly.The payments shall be in proportion to the
progress of A/E's work.Final payment for each phase shall become due and payable upon completion and
written approval by Owner of that phase of A/E's work.
C.Owner shall make no deduction from A/E's compensation on account of penalties,liquidated damages or
other sums withheld from Contractor(s)through no fault of A/E.
D.A/E shall submit requests for payment monthly on forms provided and in a manner prescribed by
Owner.A/E shall demonstrate to Owner that sufficient progress has been made to support the invoice
amount. Owner shall make payment within 30 days of presentation of a properly prepared invoice.
E.A/E shall pay each Sub-consultant upon receipt of payment from Owner. Failure of the A/E to make
payments to Sub-consultants may be considered non-performance and cause for termination.
ARTICLE VI-COMPENSATION FOR ADDITIONAL SERVICES AND REIMBURSABLE
EXPENSES
A.Unless otherwise agreed in writing by Owner,A/E shall be paid for authorized Additional Services and
Reimbursable Expenses either on the basis of a stipulated sum agreed upon with Owner, or on the rates and
unit costs set forth in this Agreement.
B.Owner shall make payments monthly for authorized Additional Services and Reimbursable Expenses,
within 30 days of presentation of a properly prepared A/E's invoice.
C.When requesting payment for Additional Services or Reimbursable Expenses,A/E shall submit an
itemized billing showing unit cost and quantity of each item billed,and referencing the specific authorizing
document.
B.The method of payment for design services required by authorized changes to the Construction Contract
will be determined in accordance with subparagraphs VIII,A,above and Payment is to be requested and
paid with progress payments to A/E during the Construction Phase in proportion to the progress of A/E's
work and after issuance of the Authorization for such Additional Services.
ARTICLE VII-TERMINATION AND SUSPENSION
A.Termination by Owner for Cause.
If,through any cause and after reasonable notice and an opportunity to cure,A/E shall fail to fulfill in
timely and proper manner A/E's obligations under this Agreement,or if A/E shall violate any of the
covenants,agreements,or stipulations of the Agreement,Owner shall thereupon have the right to terminate
this Agreement by giving written notice to A/E of such termination and specifying the effective date
thereof,at least five days before the effective date of such termination.A/E shall be entitled to receive just
and equitable compensation for any satisfactory work completed prior to the effective date of termination.
Such compensation shall be based on the value of such work to Owner.Notwithstanding the above,A/E
shall not be relieved of liability to Owner for damages sustained by Owner by virtue of any breach of the
Agreement by A/E.Owner may withhold reasonable amounts of the payments to A/E until such time as the
exact amount of damages due Owner from A/E is determined.
B.Termination for Convenience of Owner.
Owner may terminate this Agreement at any time by a written notice to A/E.Upon receipt of the notice,the
A/E shall immediately discontinue all services affected,unless the notice directs otherwise.If the
agreement is terminated by Owner,as provided herein,the A/E shall be paid for the percentage completed
as compared to the phase percentages in the Agreement plus all eligible reimbursable expenses incurred up
to the date of termination.The A/E shall be reimbursed for that portion of the actual eligible and
documented out-of-pocket expense not otherwise reimbursed under this Agreement incurred by the A/E
during the Agreement period which are directly attributable to the uncompleted portion of the services
covered by this Agreement.There shall be no payment for anticipated profit,unperformed services,or
unabsorbed overhead. / -
C.Suspension by Owner.
Owner may suspend the Project at its sole discretion.If the Project is suspended by Owner for more than 30
consecutive days,A/E shall be compensated for services performed prior to the notice of suspension,
provided the suspension was not caused by A/E's negligence or wrongful act.A/E's compensation shall be
equitably adjusted to provide for expenses incurred in the interruption and resumption of A/E's services.
Upon written notice by Owner to resume services,A/E shall promptly continue with its responsibilities
under this Agreement.
In the event of termination or suspension as provided for above,all construction drawings,sketches,
renderings,models,other reproducible drawings,surveys,reports,photographs,calculations,prepared by
A/E under this Agreement,copies of all correspondence and papers received or issued by A/E and all
equipment and publications authorized by Owner for purchase shall be delivered to Owner upon request
and Owner shall have the same rights to their use as if the termination or suspension had not occurred,
provided,however,that A/E has been compensated according to this article.
D.Termination by A/E.
This Agreement may be terminated by A/E if,after reasonable notice and an opportunity to cure,Owner
should fail substantially to perform in accordance with the terms of this Agreement through no fault of
A/E.A/E shall give written notice to Owner of such termination at Ieast five days before the date of
termination.If the Project is suspended by Owner for more than 90 consecutive days,A/E may terminate
this Agreement by giving written notice.
ARTICLE VIII-GENERAL REQUIREMENTS
A.Personnel
The services to be furnished under the terms of this Agreement shall be performed by A/E and the sub-
consultants,agreed to jointly by A/E and Owner,and shall not be assigned or subcontracted further,in
whole or in part,without the express written consent of Owner.
B.Records
1.Final surveys,reports,Contract Drawings and Specifications,and calculations shall be signed
and stamped by an Architect or Engineer licensed in the State of Washington and provided to
Owner.
2.Records of A/E's payroll,consultant and Reimbursable expenses pertaining to the Project shall
be kept on a generally recognized accounting basis,shall be available to Owner or its authorized
representatives at mutually convenient times,and shall be retained for six years after final
acceptance of the Project.
C.Nondiscrimination.
During the performance of this Agreement and in considering offers from and doing business with Sub-
consultants,A/E shall not discriminate against any person because of race,color,creed,sex,national
origin,marital status,age,the presence of any sensory,mental or physical disability,or status as a special
disabled or Vietnam Era veteran.
D.Insurance
A/E shall maintain at A/E's own expense and for the life of this Agreement,the insurance type and amount
of coverage indicated below. Insurance coverage shall not be canceled or materially modified without 45
days notice to Owner. Insurance is to be placed with a carrier that has a Best's Guide rating of at least A-,
VI.The Owner shall be named as an Additional Insured on all policies except Workers Compensation and
Professional Liability.If requested by the Owner,A/E shaIl submit certificates of insurance for the required
coverage.
1.Workers'Compensation and Employer's Liability:
a)Workers'Compensation Benefits State of Washington,statutory.
b)Employer's Liability or Stop-Gap:
(1)Each Accident-$1,000,000.
(2)Disease-Policy Limit-$1,000,000.
(3)Disease-Each Employee-$1,000,000.
c) Statutory U.S.L&H,if applicable.
d)Jones Act,if applicable-$1,000,000
2.Commercial General Liability:
a)Limits-Bodily Injury and Property Damage Combined Limit:
(1)General Aggregate-$2,000,000.
(2)Each Occurrence-$1,000,000.
b)Shall be a per occurrence form.
3.Automobile Liability:
Limits-Bodily Injury and Property Damage,combined single limit-$1,000,000. Coverage shall apply to
all owned,non-owned and hired automobiles.
4.Professional Liability:For projects with a MACC greater than$500,000,A/E's professional liability
insurance shall have a limit of no less than$1,000,000 per claim and in the annual aggregate. A/E agrees to
maintain professional liability insurance for two years after Substantial Completion of the Construction
Contract.
5.A/E shall require its structural,civil,mechanical,and electrical sub-consultants to obtain and maintain
the insurance coverages set forth in Section XI.E.
F.Hold Harmless
A/E shall defend,indemnify,and hold Owner harmless from and against all claims,demands,losses,
damages or costs,including but not limited to damages arising out of bodily injury or death to persons and
damage to property,caused by or resulting from:
1.The sole negligence of A/E,its officers,employees,agents or sub-consultants;
2.The concurrent negligence of A/E,its officers,employees,agents or sub-consultants,but only to
the extent of the negligence of A/E,its officers,employees,agents or sub-consultants;or
3.The use of any design,process,or equipment that constitutes an infringement of any United
States patent presently issued,or violates any other proprietary interest including copyright,
trademark,and trade secret.
G.Corrections
The A/E shall promptly correct any errors,omissions,or negligence in the performance of A/E services at
no additional cost to.the Owner.The Owner may pursue a claim against the ATE for some or all of the
Owner's costs to the extent caused by the A/E's errors,omissions,or negligence.
H.Approvals
Owner's review,approval,acceptance,use, or payment for all or any part of A/E's services or of the
Project itself shall in no way alter A/E's obligations or Owner's rights hereunder.
I.Representations.ATE hereby represents to Owner the following:
1.That A/E is financially solvent,able to pay A/E's debts as they mature and that A/E possesses
sufficient working capital to complete the services required,
2.That A/E is able to furnish any and all of the facilities,tools,materials,supplies,equipment and
labor required to complete the services required and to perform all of A/E's obligations hereunder
and has sufficient experience and competence to do so;and
Tx,
3.That A/E's execution of this Agreement and A/E's performance thereof is within AB's duly
authorized powers;and
4.That A/E agrees that the representations in this Subparagraph XLI shall survive the execution
and delivery of this Agreement.
5.That A/E shall comply with all applicable state and local laws,statutes,and ordinances relating
to professional registration,licensing and authority to perform all of A/E's obligations required to
be performed under this Agreement.
6.That AB's duly authorized representative has visited the Project,become familiar with the local
conditions under which the services required hereunder are to be performed and correlated A/E's
observations with all of the requirements of the Construction Contract Documents.
J.Jurisdiction
This Agreement shall be deemed executed in the county in the State of Washington in which the
Owner's contracting authority resides.The laws of the State of Washington shall govern the interpretation
and application of its provisions.
K.Time
Time is of the essence of each and every provision of this Agreement.
L.Use of Documents
1.The Drawings,Specifications and other documents,including drawings and specifications prepared in
CAD form and stored on magnetic media, prepared by A/E or A/E's sub-consultants for this Project are
intended for use solely with respect to this Project.Owner shall be permitted to retain copies,including
reproducible copies and originally stamped copies of A/E's Drawings,Specifications and other documents
for information,and reference in connection with Owner's use and occupancy of the Project. Owner shall
not use A/E's Drawings,Specifications or other documents for other projects,provided that it is expressly
understood and agreed that Owner shall have the right to utilize A/E's Drawings,Specifications and other
documents to expand the Project,correct any deficiencies,make any renovations or repairs to the Project,
or use for future project design other than the construction of another building.Original construction
drawings,sketches,renderings,models,other reproducible drawings prepared under this Agreement,
surveys,reports,photographs,construction phase documentation prepared by A/E,copies of all
correspondence and papers received or issued by A/E and all equipment or publications authorized by
Owner for purchase shall be delivered to Owner upon request if such request is made during the Project or
within five years after Substantial Completion. The A/E shall be permitted to remove all indicia of its
ownership and/or involvement from electronic records such as CAD drawings or documents stored on
magnetic disc.Any use or reuse by the Owner of drawings,specifications and other documents,including
electronic record documents,will be without liability or legal exposure to the A/E.
2.A/E may use renderings or photographs of the Project for promotional purposes.Owner may upon
written notice to A/E limit or withdraw its permission to use Project materials for promotional purposes.
A/E shall not use drawings,specifications and other documents prepared for this Project for any other
purpose unrelated to this Project,without Owner's written consent.
M.Claims and Disputes
1.A Claim is a demand or assertion seeking,as a matter of right,adjustment or interpretation of this
Agreement,payment of money,extension of time or other relief with respect to the terms of this
Agreement.The term"Claim" also includes other disputes and matters in question between Owner and A/E
arising out of or relating to the Project.Claims must be made by written notice.The responsibility to
substantiate Claims rests with the party making the Claim.
•
2.Claims must be made within 21 days after occurrence of the event giving rise to such Claim or within 21
days after claimant first recognizes the conditions giving rise to the Claim,whichever is later.The party
against which the claim is made shall respond to the claim within 30 days,
3.The parties shall expeditiously attempt to resolve all Claims and disputes in a non-litigious manner.If the
claim or dispute cannot be settled through negotiation,the parties agree first to try in good faith to settle the
dispute through mediation under the Construction Industry Mediation Rules of the American Arbitration
Association,or other mutually agreeable equivalent format,before resorting to arbitration,litigation or
some other dispute resolution procedure.
4.Upon demand by Owner,any claims between Owner and A/E,Contractor and A/E,Owner and
Contractor,Owner and Contractor's Guarantor,or Contractor and its subcontractors and suppliers,shall be
submitted in a single forum,and Owner may consolidate or join any of the above named parties in the
action. Other third parties may be joined upon notice of either A/E or Owner and with the consent of such
third party.Thereafter,such third parties shall be bound by the results of such dispute resolution process to
the same extent as the original parties to the dispute.
N.SEVERABILITY
Should any provision of this Agreement,at any time,be in conflict with any law,ruling or regulation,or be
unenforceable for any reason,then such provision shall continue in effect only to the extent that it remains
valid.In the event any provision of this Agreement becomes less than operative,the remaining provisions
of this Agreement shall nevertheless remain in full force and effect.
O.COMMUNICATION
Communications by and with A/E's consultants shall be through A/E.Notwithstanding anything to the
contrary in this Agreement,Owner has not relinquished its right to communicate with Contractor directly.
P.SUCCESSORS AND ASSIGNMENT
Owner and A/E,respectively,bind themselves,their partners,successors,assigns and legal representatives
to the other party to this Agreement and to the partners,successors,assigns and legal representative of such
other party with respect to all covenants of this Agreement.Neither A/E nor the Owner shall assign this
Agreement without the written consent of the other party.
Q.LIMITATION
Nothing contained in this Agreement shall create a contractual relationship with or cause action in favor of
a third party against either Owner or A/E.
R.AGREEMENT
This Agreement represents the entire and integrated Agreement between Owner and A/E and supersedes all
prior negotiations,representations or agreements,either written or oral.This Agreement may be amended
only by written instrument signed by both Owner and A/E.
ARTICLE IX-GLOSSARY
A/E:Architect/Engineer
AHJ:Agency Having Jurisdiction C�
CAD:Computer Aided Drafting
CSI: Construction Specifications Institute
CUP: Conditional Use Permit
EIS: Environmental Impact Statement
MACC:Maximum Allowable Construction Cost
MUP:Master Use Permit
MWBE:Minority/Women Business Enterprise
QA: Quality Assurance
SEPA: State Environmental Policy Act
•
cus in
April 23, 2018
REVISED June 1, 2018
Doug Carey
Lewis County Facilities Manager
Proposal for Civil Engineering Services
Chehalis Radio Site (Lewis County)
We are pleased to submit a revised proposal for professional civil engineering services related
to the new wireless site.
Civil Engineering Scope Items
# Description _Fee
1 Site Walk $1,200
2 Site Sketch $750
3 Zoning Documents $3,100
4 Construction Documents $3,550
5 Grading and Erosion Control Plan $1,500
6 Stormwater Report $2,000
7 Access Road Design $1,950
8 Grounding Plan $1,300
9 Meeting conference call $300
10 Meeting in person (per meeting) $500
11 Construction Administration $1,000
12 A&E PM and Coordination per site $4,500
13 Geotechnica I Investigation $6,710
14 Geotechnical Seismic modeling $2,750
15 Soil Resistivity $495
16 NEPA Checklist $1,980
17 Archaeological Survey $2,310
18 Tribal Review $2,090
19 CMU shelter foundation structural design (shelter,generator) $3,850
20 Topographic Survey $5,646
21 Final Survey w/ 1A $800
22 Construction Survey (staking) $1,750
23 Shelter Drawings TBD
24 Land Use Planning and Permitting Services $9,000
25 Reimbursables $500
TOTAL $59,031
Don Cushing Associates
Chehalis Radio Project—Revised Proposal
Scope Descriptions
1. Site Walk - AEcE field engineer visit site to gather site information and familiarization
which includes photos and notes.
2. Site Sketch - A preliminary concept site plan including the compilation of information
gathered from site walk. The site sketch is a basic plan view demonstrating space
planning of basic footprints for compound, shelter and tower. Client to provide
acceptance of concept prior to begin design.
3. Zoning/Land Use Documents - Includes typical 5 sheet drawing set utilized for zoning
or land use. The sheets typically include the Cover Sheet, Survey, Overall Plan View,
Enlarged Plan View and Elevation View. Client to provide acceptance of ZD prior to
further design. This fee covers responding to (2) redlines sets from the client. In order
to stay on schedule DCA anticipates that redline sets from the client will be provided
to DCA within 10 business days of our submittal to the client.
4. Construction Documents - Construction Documents consist of the drawings included in
the ZDs with the addition of the RF plan sheet, RF details, Generator and Tank details,
Utility Plan. This fee covers responding to (2) redlines sets from the client. In order to
stay on schedule DCA anticipates that redline sets from the client will be provided to
DCA within 10 business days of our submittal to the client.
5. Grading and Erosion Control Plan - Grading and erosion sheet utilizing BMP to
accompany CD with complex site conditions such as steep grades for compound area
only. Where appropriate proposed contours and grade shots represented in plan. Does
not include retaining wall design if necessary.
6. Stormwater Report - Abbreviated storm report for wireless compound and minor
access roads.
7. Access Road Design - Design of minor road improvements for new access road which
includes grading, culvert locations and or hammerhead design at compound. Grades
are greater than 5.0%. This fee covers the design of the access from the existing
easement near the northwest property corner up directly to the tower site. This does
not include design fees for the straightening of the road further down near the trough
in the access road. As discuss at the site walk on 5/29 this work will be completed by
the public works department.
8. Grounding Plan - DCA provides a grounding design per R56 which includes the
calculated amount of conductor needed to achieve the target 5 ohms based upon soil
Don Cushing Associates
Chehalis Radio Project— Revised Proposal
resistivity test (provided by others). Depending on soil conditions the theoretical
amount of conductor may not be realistically achieved within the limits of the site.
9. Meetings conference call - Conference call with meeting notes.
10. Meetings in person - In person meetings with client, owner.
11. Construction Administration During construction - responding to RFI's, construction
product submittals. Site visits during construction will be billed on a TFtM basis.
12. A&E PM and Coordination per site - DCA staff coordination and contract management.
13. Geotechnical Investigation - Geotechnical exploration and analysis for design and
installation of a new tower. Will require drilling rig access for exploration. Will include
information necessary for building foundation design.
14. Geotechnical Seismic Modeling - Additional seismic analysis for essential facility
applications on new tower install.
15. Soil Resistivity - Soil resistance investigation per Wenner Four-Electrode Method.
16. NEPA Checklist - NEPA and SHPO Checksheet (other studies may be required which are
not part of this items scope)
17. Archaeological Survey - Archaeological Survey (if necessary)
18. Tribal Review - Tribal Review (if necessary)
19. CMU Shelter Foundation Design (shelter, tank, generator) - Structural analysis and
calculations for the CMU shelter foundation, propane tank and generator foundation,
includes anchorage calcs for tank and generator. This also includes providing
construction details to be included in the CDs. Stamped by Washington State PE.
20. Topographic Survey -Complete a topographic survey of each tower site locating
existing trees, fences, buildings and other improvements within an approximate radius
of 100 feet around the tower location and along the proposed access route back to the
public road. The survey will stop at property lines unless permission is received by
client from adjoining owners to enter the property. Please note some information can
be gathered across property lines using reflectorless technology without entering
adjoining properties. The extents of the survey will be further defined during the
initial site visit. Proposed power and telephone connections will also be located as
directed by the Cushing and Associates representative. A "Free" locate will be called
for on the tower site and proposed utility route. Utilities marked out by the locate
Don Cushing Associates
Chehalis Radio Project— Revised Proposal
services will be located and shown on the survey. Easements and other plottable
exceptions listed in a client provided title report will be shown on the survey.
21. Final Survey w/ 1A - Based on a site plan showing compound limits, tower location and
easement lines provided by Cushing and Associates, Consultant will prepare a final
survey (an update to the Initial Survey) of the site showing the compound area and
access/utility easements. A legal description of the lease area and access/utility
easement will be provided. Will also provide a 1A certification for the proposed tower
structure at each site per FAA standards. The certification will list the geographic
coordinates of the structure, the ground elevation and the height of the proposed
tower. An original copy of the survey will be provided in PDF and AutoCAD formats for
use by the project team. Title report provided by others.
22. Construction Survey (staking) - With approval of the Final Survey / Site Plan, McKay
Consulting will provide the following construction staking services.
Place Hubs and lathe at
1. The compound corners.
2. The shelter corners.
3. The tower center and north offset.
4. The access and utility route.
These services are being proposed based on the following assumptions:
A. The site will be clear of obstruction including equipment, materials and vehicles
when staking is occurring.
B. Stakes will be provided with 72 hour notice. Shorter notice will be accommodated if
possible.
23. Shelter Drawings - at this time the scope of the drawings required to build the CMU
shelter is unknown. We may need to work with an architect in order to provide the
necessary construction details. The fee for this scope is to be determined.
24. Land Use and Permitting - DCA will provide a completed conditional use and building
permit applications. The effort for this will be invoiced on a time and materials basis
at $110 per hour. We estimate the fee for this work to be $9,000 which is neither a
minimum nor a maximum. If we have reached the limit we will request additional
funds in writing. We are also basing this fee on the assumption that this site will meet
the exemption listed in Chapter 15.50.015 (2) (c). If it is determined that this site will
not meet this exemption then additional fees will be required.
25. Reimbursables - the expense for vellums, bonds, blueprints, mylars and deliveries will
be milled at a cost plus 10%. Mileage will be billed at the standard IRS rate.
. t
Don Cushing Associates
Chehalis Radio Project— Revised Proposal
Exclusions
• Tower and tower's foundation to be provided by manufacture.
Schedule
Upon receipt of the P0, NTP, DCA can begin work within 5 business days.
If you have any questions please call me at 503-387-5331
Sincerely,
jAc.., ,
Don Cushing, P.E.
President
BOCC AGENDA ITEM SUMMA
Resolution: BOCC Meeting Date: Oct 22, 2018
Suggested Wording for Agenda Item: Agenda Type: Consent
Contract Award for Engineering and Architectural Services for the Chehalis Radio Site
Contact Doug Carey, Scott Matoon Phone: 3607401192
Department: Central Services
Action Needed: Approve Resolution
Description
A Request for Qualifications was issued for consulting services to provide engineering and architectural
services to relocate the radio and microwave transmission tower providing public safety radio services to the
Chehalis/Centralia area.
One responsive Statement of Qualifications was received from Don Cushing and Associates, Inc. from Portland
OR. The firm was interviewed and was judged qualified by a selection committee consisting of the Facilities
Manager,the Radio Services Administrator and the Radio Services Tech.
Upon completion of negotiations, the proposed package is estimated not to exceed $59,531.00 and will include
all engineering and architectural services required to complete this project including complete design services,
permitting, archaeological reviews, construction administration, erosion and stormwater control plans and a
tower grounding plan.
Approvals:
User Group Status
Walton, Steve Central Services Pending
Cover Letter To
Don Cushing and Associates,Inc.
107 SE Washington Street, Suite 265
Portland, OR 97214
Attn: Allen Schmitz
Additional Copies
Scott Mattoon
Steve Mansfield
Scott Smitherman