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HomeMy WebLinkAboutAddendum - 1AMENDMENT NO. 1 TO AGREEMENT FOR KENNYDALE LAKELINE SEWER IMPROVEMENTS PROJECT FINAL DESIGN THIS AMENDMENT, datedfor reference purposes only as December 11, 2024,is by and between Carollo Engineers, Inc. a Delaware Corporation. The City and the Consultant are referred to collectively in this Amendment Amendment is effective as of the last date signed by both parties. Whereas, the City engaged the services of the Consultant under Agreement CAG-23-403, dated November 14, 2023, to provide necessary services for the Kennydale Lakeline Sewer Improvement Project Whereas, the Parties wish to amend the Agreement to change the scope of work, andchange the compensation in order to address additional permitting requirements and add stormwater improvements. NOW THEREFORE, It is mutually agreed upon that CAG-23-403 is amended as follows: 1. Scope of Work: Section 1, Scope of Work, is amended to add work as specified in Exhibit A-1, which is attached and incorporated herein. 2. Compensation: Section 4, Compensation, is amended so that the maximum amount of compensation payable to Consultant is increased by $46,418 from $1,663,616 to $1,710,034, plus any applicable state and local sales taxes. The additional compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit B-1 ,which is attached and incorporated herein. 3.All terms of the Agreement not explicitly modified herein shall remain in full force and effect and such terms shall apply to Work performed according to this Amendment as if fully set forth herein. CAG-23-403, Adden #1-25 PAGE 2 OF 2 IN WITNESS WHEREOF, the Parties have voluntarily entered into this Amendment as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Martin Pastucha Public Works Administrator Erik Waligorski Vice President _____________________________ Date _____________________________ Date Approved as to Legal Form By: __________________________By:____________________________ Shane Maloney Renton City Attorney Tadd Giesbrecht Vice President _____________________________ Date Contract Template Updated 06/17/2021 Clb 12-16-24 (2804) Approved by Cheryl Beyer via email 12/16/2024 TreeSolutions.net projects@treesolutions.net Seattle, WA 206-528-4670 Proposal/Authorization to Proceed November 4, 2024 Client: Carollo Engineering c/o Cheyenne Thompson Project: Kennydale Lakeline Sewer System Replacement Project Tree Inventory and Assessment Project Area: 58 residences and Right of Way along Lake Washington Boulevard 3903 Lake Washington Blvd N to 2725 Lake Washington Blvd N, Renton, WA 98056 Including Kennydale Beach Park and vegetation west of the Eastrail Bike Path Overview: Inventory and assessment of existing conditions for approximately 300 trees for a sewer pump station installation project involving 58 residential properties and access road space. Road is owned by King County Parks and maintained by City of Renton. Proposal is for a tree inventory, pdf map, and arborist report and tree retention worksheet as required for 30% permit submittal. Scope of Work: Project Management Internal coordination (scheduling, tracking, logistics, contract administration). Site Visit Prepare (research site, review documents and relevant code) and travel (round trip) to site. Inventory and assess all trees 6-inches or greater (alders and cottonwood 8-inches or greater) within the project area. o Report to include significant trees (Trees qualified as dangerous are not considered significant). o Collect data: tree species, DSH (Diameter at Standard Height), health and structural condition. Also include landmark tree status. Trees will not be tagged. o If you prefer to have trees tagged with aluminum tag, please let us know. Assess off-site trees with canopies overhanging the project area. o Data for offsite trees will be estimated from subject site or right-of-way. Proposal: Carollo Engineering Kennydale Lakeline Sewer System Replacement Project p.2 of 9 November 4, 2024 TreeSolutions.net projects@treesolutions.net Seattle, WA 206-528-4670 Deliverables Arborist Report with Tree Table and Site Tree Map (marked up PDF using client's survey as base map). Tree Retention Worksheets as required Review of 30% tree retention plan and provide recommendations on tree retention feasibility and protection. Correspondence and Meetings External communication (meetings, emails and phone calls with client and project team). Estimated costs- Permitting Phase Proposal: Carollo Engineering Kennydale Lakeline Sewer System Replacement Project p.3 of 9 November 4, 2024 TreeSolutions.net projects@treesolutions.net Seattle, WA 206-528-4670 Figure 1: Page 1 of Map of project scope area shaded in red, provided by Marlene Meaders. Proposal: Carollo Engineering Kennydale Lakeline Sewer System Replacement Project p.4 of 9 November 4, 2024 TreeSolutions.net projects@treesolutions.net Seattle, WA 206-528-4670 Figure 2: Page 2 of Map of project scope area shaded in red, provided by Marlene Meaders. Proposal: Carollo Engineering Kennydale Lakeline Sewer System Replacement Project p.5 of 9 November 4, 2024 TreeSolutions.net projects@treesolutions.net Seattle, WA 206-528-4670 Figure 3: Page 3 of Map of project scope area shaded in red, provided by Marlene Meaders. Assumptions: Notice to proceed is provided at least 2 weeks prior to site visit. Survey includes tree locations and is provided at least 48 business hours prior to site visit. Site plans are provided at the time of our site visit if we are asked to assess construction impacts on trees. Plans should include all proposed infrastructure changes (including demo, civil, grading, utility, and landscape plans). Meetings and correspondence. Client will incur additional charges if calls and meeting requests exceed our estimated time. Unless specifically outlined above, working with CAD or GIS is not included and will require additional billable hours. This proposal is for services provided by Tree Solutions Inc. It is an estimate only, based on the information provided by the client and scope of work as described above. We charge for time spent and Proposal: Carollo Engineering Kennydale Lakeline Sewer System Replacement Project p.6 of 9 November 4, 2024 TreeSolutions.net projects@treesolutions.net Seattle, WA 206-528-4670 materials used on site. If significant revisions are requested following delivery of the initial report, additional billing time will be required. Services requested either verbally or in writing outside of this initial scope will be completed as directed by the client and billed accordingly. This proposal is only valid for 30 days. Any cancellations for initial site visits within 2 business days will be charged the mobilization fee. This charge can be applied to the project if it is rescheduled. All construction monitoring requests should be submitted to us and confirmed by the end of the day Thursday of the preceding week. Any cancellations for monitoring within 3 business days will still be charged ½ day rate. If you agree with the scope of work and estimated cost above, contract terms and schedule of fees on the following pages, please indicate your authorization to proceed by signing below. Signature of Authorizing Agent: ___________________________________ Date _____________ Printed Name / Title: _____________________________________________________ Company: _____________________________________________________ Billing Contact/Address: _____________________________________________________ Billing Email: __________________________________ phone _____________ Tree Solutions Representative: Jessi Detert, Project Coordinator Proposal: Carollo Engineering Kennydale Lakeline Sewer System Replacement Project p.7 of 9 November 4, 2024 TreeSolutions.net projects@treesolutions.net Seattle, WA 206-528-4670 2024 CONSULTING ARBORIST AGREEMENT General Terms and Conditions 1. Services. You agree to pay TSI for work performed and for on call status at the arborist rate according to our Fee Schedule. The specific scope of our services is described above. Should you or TSI desire to modify the scope of work to be performed, modifications will be agreed upon in writing. You agree to pay for the work and expenses incurred as invoiced. We are in the business of providing advice. Our evaluation or advice may differ from your interests or expectations; nonetheless, you agree to pay for our work and expenses as invoiced, regardless of our findings. 2. Inspection. Site inspections by Consultant is a limited assessment of trees listed in the scope of work and reflects the condition of those trees at the time of inspection. Inspection is limited to a visual examination of accessible items without dissection, excavation, probing, climbing, advanced testing or coring unless explicitly noted. 3. Fees. We bill on an hourly basis in ¼ hour increments with a minimum expectation of 2-3 hours for initial consultation within the Seattle area, in accordance with our Fee Schedule. In addition to arborist time on site, charges will be incurred for travel, correspondence (email and phone), off-site report writing and documentation, document review, meetings, advanced testing (tomography, micro-resistance drill, static-integrated pull tests), test analysis, treatments, pneumatic excavation, and other services that are in the scope of work listed. We bill for actual expenses incurred on your behalf such as permit fees, mileage, ferry fares, parking, and tree tags. Mobilization charge will be applied to any construction project, including residential and commercial remodels, and construction permitting. 4. Priority service rates apply to weekend, evening, and holiday work (2x standard rate), and for rush services requested on less than 5 business days notice (1.5 x standard rate). 5. Cancellation. We have a 48-hour cancellation policy for initial site visits and will bill a minimum cancellation fee of 1 hour at the arborist rate. However, please provide AS MUCH NOTICE AS POSSIBLE if you no longer need our services. Our arborists only go to 2- 3 properties per day driving throughout the Puget Sound region, so we plan our routes well in advance. If you need to reschedule for any COVID-related reason, please reach out to us so we can work with you to do so. 6. Billing.We bill monthly for our services, or at the completion of work, whichever is more applicable to the project. We will invoice electronically unless Client specifies that an additional paper bill is required. If you ever have a question about a bill or disagree with any entry, please contact accounting@treesolutions.net immediately. Failure of the Client to notify TSI in writing of invoice disputes within thirty (30) days of receipt by the Client, shall be considered acceptance of those invoices for payment. 7. Payment for Services. Payment for services, including treatments, is due upon receipt of invoice. A 3% surcharge will be added to all invoices paid by credit card. If payment is not received within thirty (30) calendar days of the date of the invoice, the Client shall pay an overdue fee of $25, or one-and-one-half percent (1.5%) of the PAST DUE amount per month, whichever is greater. In addition, we reserve the right to charge for time and materials associated with collecting on a past due balance. The right to charge and collect fees related to past due balances is in addition to, and not a substitution for, the right to suspend or terminate in the event of the 8. Termination. You have the right to terminate this Agreement at any time, subject to the obligation to pay for all costs and services d reporting even if incomplete. We have the same right to terminate, subject to an obligation to give you reasonable notice. 9. Use of Work Product. TSI retains all copyright and other intellectual property rights with respect to all reports and materials TSI develops under this Agreement. You are granted a limited, non-exclusive license to use such reports and materials in your business. However, Own you until you have paid in full for all services and costs. You provide permission for TSI to take photographs at the work site. All photographs taken by TSI on site shall remain the property of TSI and may be freely used by TSI for future marketing and educational purposes. 10.Confidential Information. We agree not to release to any third party any confidential information that Consultant learns during the performance of this Agreement, if the Client has identified and informed Consultant of its confidentiality. 11.Relationship of the Parties. You and TSI acknowledge and agree that the relationship arising from this Agreement does not constitute or create any joint venture, partnership, employment relationship or franchise between them, and the Parties are acting as independent contractors in making and performing this Agreement. 12.Additional or Changed Services. If you instruct us to add to or otherwise change the scope of Services, TSI will add additional amounts of time and money based on such order. You agree to pay TSI for such additional or changed Services and expenditure at the rates set forth in the Consultant Fee Schedule. Any change in the scope of services will be documented in writing. 13.Complete Agreement. This Agreement, including any exhibits and schedules attached hereto, contains the entire agreement between you and TSI with respect to the matter hereof and supersedes all prior agreements and understandings, oral or written, between you and TSI with respect to the matter hereof. No other agreements, representations, warranties, or other matters, oral or written, shall be deemed to bind you or TSI with respect to the subject matter hereof. You are entering into this Agreement solely based on the representations contained herein. Proposal: Carollo Engineering Kennydale Lakeline Sewer System Replacement Project p.8 of 9 November 4, 2024 TreeSolutions.net projects@treesolutions.net Seattle, WA 206-528-4670 14.Applicable Law; Venue. This Agreement shall be construed in accordance with Washington laws and venue over any action shall be laid in King County, Washington. 15.Assignment. Neither you nor TSI may assign this Agreement without the prior written consent of the other. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, and, if any, assigns of you and TSI. 16.Access to Site. Consultant has agreed to provide certain Services on the subject Site. In exchange, you grant TSI permission to enter and use the Site. TSI assumes that you own or are the agent for the owner of the Site and that you have the authority to grant TSI access to the Site. You grant TSI a non-exclusive license to access the Site for the limited purpose of providing Services. 17.No Warranty. TSI makes no warranty or guarantee, express or implied, that problems or deficiencies of the plants or Site may not arise in the future. Neither the Arborist nor TSI has assumed any responsibility for liability associated with the trees on or adjacent to this project site, their future demise and/or any damage which may result therefrom. The Client acknowledges that any changes 18.Provided Information. In performing the Services herein, TSI may call on you to provide information necessary to complete those Services. TSI bears no obligation if the requested information is inaccurate or incomplete. If the requested information is not available from you, or if it is necessary for TSI to obtain that information elsewhere, you agree that TSI may rely on third-party information for its Work. 19.Published Municipal Regulations. The Consultant may provide a report or recommendation based on published municipal regulations. The Consultant assumes that the municipal regulations published on the date of the report are current municipal regulations and assumes no obligation related to unpublished city regulation information. 20.Assessment Standards. with acceptable evaluation and diagnostic techniques, and procedures, as recommended by the International Society of Arboriculture. Measurements are subject to typical margins of error as is custom and practice by ISA certified arborists, considering the oval or asymmetrical cross-section of most trunks and canopies. 21.Visual References. All photographs included in our reports were taken by TSI unless otherwise noted. Sketches and drawings in any report by Consultant, being intended as visual aids, are not necessarily to scale and should not be construed as engineering or architectural reports or surveys. The reproduction of any information generated by architects, engineers or other consultants is for ease of reference only and TSI does confirm accuracy of the information. 22.Hold Harmless. f, or in any . This Additional Terms as Applicable 23.Construction Monitoring. Minimum monitoring charge is ½ day fee. We must receive all construction monitoring requests 3 business days in advance. They must be submitted and confirmed by the end of the day Thursday of the preceding week. Any cancellations for monitoring within 2 business days (48 hours) will still be charged ½ day rate. 24.Legal Services. to disputes, including service as an expert witness. A minimum legal charge may be incurred as outlined in the fee schedule if court/hearing appearances are cancelled within 3 business days. 25.Treatments. We do not guarantee control of insects, pests or diseases after a treatment is performed. Treatment efficacy is dependent on several factors, including cultural and environmental conditions that we cannot control. Our chemical treatment programs and recommendations are based on the best available science to our knowledge. For best results, all our recommendations before and after treatment should be followed. 26.Pneumatic excavation. You accept that there are inherent risks with conducting soil excavation with pressurized air, including damage to adjacent vegetation and landscaping. TSI will take precautions that a reasonable professional would take to minimize these risks. Both parties acknowledge that there is a margin of error with include pipes such as irrigation lines. Client agrees to hold TSI harmless if any damage occurs. 27.Soil. TSI fied 28.Alternative Dispute Resolution. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, the parties may, upon mutual agreement, endeavor to settle the dispute in an amicable manner by mediation or other agreed form of alternative dispute resolution process prior to commencing litigation. Proposal: Carollo Engineering Kennydale Lakeline Sewer System Replacement Project p.9 of 9 November 4, 2024 TreeSolutions.net projects@treesolutions.net Seattle, WA 206-528-4670 Fee Schedule 2024 STANDARD RATES Principal / Senior Arborist Rate $180 / hour Arborist Rate $160 / hour CAD Specialist, Technician $140 / hour Administrative Support $125/ hour LEGAL RATES* Expert Witness/Arborist $350 / hour Legal Retainer: $2100 *Legal work includes site work, appraisals, deliverables, and expert witness testimony Minimum Fees: The minimum fee clients should expect varies by location based on distance/travel time from our office. Most clients in the Seattle area should expect a two to three-hour minimum fee. All development projects (including, but not limited to, residential and commercial remodels, new construction, or any type of construction permitting) are subject to a $500 mobilization fee. Minimum legal charge for court/hearing appearance is 1/2 day (4 hours), including if it is canceled within 3 business days. Fee Basis: Fees calculated in ¼ hour increments. Charges will be incurred for site visits, travel time, correspondence (email and phone), off-site report writing and documentation, document review, meetings, test analysis, treatments, and other requested services. Travel: Travel is charged at arborist hourly rate to and from the site. Expenses: We bill for actual expenses reasonably and necessarily incurred such as ferry fares, mileage at federal reimbursement rate, parking, tree tags, and flagging. Priority Services: 1.5 x regular rates - site visits and/or reporting required within 5 business days. Monitoring: We provide monitoring services for development projects. Minimum monitoring charge is ½ day (4 hours). If the service request is cancelled within 48 business hours, the ½ day minimum will be charged. Phone Consult: Phone consultation with ISA Certified Arborist: $100 (30 minute minimum), billed at arborist rate after initial 30 min. Micro-Resistance Drill: $80 per tree (basal tests), $160 per tree (aerial tests) Sonic Tomography: $200 per tree (basal; includes up to two layers - additional layers billed at $80/layer), $300 per tree (aerial - each additional layer billed at $125/layer) Pull Test: Varies by site, minimum $2000 Additional: Soil nutrient analysis, pH, disease diagnostic, systemic treatments and other tests vary by site. Acceptable payment methods include online bank transfer, check, or credit card. A 3% surcharge will be applied to credit card payments. Fee structure is effective January 1, 2024. Rates subject to change upon annual review. Changes will be discussed before billing.