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HomeMy WebLinkAboutAdden 4 CAG-18-217, Adden #4-20 Department of Community and Human Services (206) 263-9105 TTY Relay: 711 King County CONTRACT AMENDMENT DCHS / CSD/Community Development Contract No. 6022484 Project/Exhibit(s) IV : Renton Downtown Streetscape Original Contract Date 01/01/2018 Public Improvements Contractor City of Renton Amendment No. 4 Address 1055 South Grady Way Amendment Start Date 12/16/2019 Renton, WA 98055 Amendment Requested By: Amendment Effects: Community Services Division X Scope of Service Time of Performance Quincy Williams/206-263-2753 X Compensation Method of Payment PURPOSE Amend contract amount to reflect recalculation of funding. A. STANDARD CONTRACT CHANGES Changes to Funding Table: Increase Exhibit III amount from $1,048,557 to $1,102,841. Please note that the Line Item Budget Summary has changed. Exhibit Name Amount Fund Source II Renton CDBG Program $69,789 FEDERAL Administration CFDA#: 14.218 III Renton Downtown Streetscape $1,102,841 FEDERAL Public Improvements CFDA#: 14.218 City of Renton Page I of 2 2019 Contract Amendment-6022484 B.EXHIBITCHANGESAmendmentStartDateis12/16/2019.ExhibitIIIamountof$1,048,557changesto$1,102,841.CityofRentonshallbereimbursedintheamountnottoexceed$1,090,541forExhibitIII.KingCountyActivityDeliveryCostsare$12,300.Seechartbelowforchangesinfundingsources.CityofRentonCommunityDevelopmentBlockGrant2017Renton$316176FaçadeImprovementProjectCityofRentonCommunityDevelopmentBlockGrant2018Renton$375986BurnettSidewalkImprovementProjectCityofRentonCommunityDevelopmentBlockGrant2019Funds$398,379KingCountyActivityDeliveryCosts(CDBG2019)$12,300TotalCDBGFunds:CFDA14.218$1,102,841INWITNESSHEREOF,thepartiesheretohavecausedthisamendmenttobeexecutedandinstitutedonthedatefirstabovewritten.KINGCOUNTYKingCountyExecutiveCITYOFRENTONDateArmondoPavone,Mayorc.U.2oDateAtA.s,fP{iCityC/e94cCityofRentonPage2of22019ContractAmendment-60224843/25/2020 ACCPRO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) • 1/24/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Seattle-Alliant Insurance Services, Inc. PH Vicki Holaday PHONE 1420 Fifth Ave 15th Floor (ac.No.EMI:206-204-9138 FAX No):206-204-9205 Seattle WA 98101 ADDRESS: VhOladay@alliant.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Safety National Casualty Corporation 15105 INSURED RENTONO-01 City of Renton INSURER B: 1055 S Grady Way INSURER C: Renton WA 98057-3232 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1628376676 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POOCYEFF POLICY IMM/DD/YYYYI (MMIDEXP M/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY Y GL4058201 1/1/2019 1/1/2020 EACH OCCURRENCE $2,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $500,000 MED EXP(Any one person) $ PERSONAL B ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG 54,000,000 X OTHER: Per Member Self-Insured Ret S 250,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) BODILY INJURY(Per person) S ONMED ^SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) S HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY — AUTOS ONLY (Per accident)_ S • — UMBRELLA LIAB _ OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTIONS WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY Y/N STATUTE I ERH ANYPROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RE:Community Development Block Grant. King County Department of Community&Human Services is included as additional insured per policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. King County Department of Community&Human Services 401 5th Ave, Suite 510 Seattle WA 98104 AUTHj• O��RIZE(D�REPRESE TINE ott ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM POLLUTION LIABILITY COVERAGE FORM SCHEDULE Name of Additional Insured Person(s)or Organization(s): Person(s) or Organization(s) as required by written contract. Any individually scheduled Designated Additional Insured shall not be construed to override nor negate this blanket Designated Additional Insured. Designated Project, Location,or Work of Covered Operations: As per written contract or agreement with the above described person(s) or organization(s) . CHANGE SECTION II -WHO IS AN INSURED is amended to include: 4. The person(s) or organization(s) shown in the Schedule above with whom you have agreed in a written contract to provide insurance such as is afforded under this Coverage Form, is included as an Additional Insured subject to the below: a. Insurance for such Additional Insured(s)scheduled above shall be afforded only to the extent that such Additional Insured is liable for "bodily injury", "property damage" or "personal and advertising injury" caused by your acts or omissions while actively engaged in the performance of your ongoing operations involving the project(s), locations(s),or work designated in the Schedule and as specified in the contract between you and the above scheduled Additional Insured(s). b. The insurance afforded under this Coverage Form to such Additional Insured(s)applies only: (1) If the `occurrence" or offense takes place subsequent to the execution and effective date of such written contract:and, (2) While such written contract is in force, or until the end of the policy period, which ever occurs first. c. How Limits Apply to Additional Insured(s) The most we will pay on behalf of the Additional Insured(s)scheduled above is the lesser of (1) The limits of insurance specified in the written contract or written agreement; or, (2) The Limits of Insurance provided by the Coverage Form. The amount we will pay on behalf of such Additional Insured(s)shall be a part of, and not in addition to, the Limits of Insurance shown in the Coverage Form Declarations and described in this section. Such amount will thus not increase the Limits of Insurance shown for the Coverage Form. SNGL 022 1111 Safety National Casualty Corporation Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. d. Obligations at the Additional Insured's Own Cost No Additional Insured will, except at their own cost,voluntarily make a payment,assume any obligation, or incur any expense, other than for first aid, without our consent. The Additional Insured(s)scheduled above shall be subject to all other conditions set forth in the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorserrent changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequentto preparation of the policy.) Endorsement Effective 01/01/2019 Policy No. GL 4058201 Endorsement No. Insured WASHINGTON PUBLIC ENTITY GROUP (WAPEG) Premiums Included Insurance Company Safety National Casualty Corporation Countersigned By SNGL 022 1111 Safety National Casualty Corporation Page 2 of 2 EXHIBIT III CITY OF RENTON RENTON DOWNTOWN STREETSCAPE IMPROVEMENTS Contract No.: 6022484 Project No.: C19352-1127771 King County Project Manager: Quincy Williams Contractor Contact Person: David Buchheit Start Date: December 16, 2019 - Telephone: 425-430-7270 End Date: December 15, 2020 E-Mail: DBuchheit@Rentonwa.gov WORK STATEMENT This Contract entered into between King County Housing and Community Development (HCD) (hereinafter referred to as"the COUNTY") and CONTRACTOR (hereinafter referred to as AGENCY) to identify the roles of the parties to implement the Community Development Block Grant(CDBG) activities that are the subject of this Exhibit, beginning on December 16, 2019 and ending on December 15, 2020. All such activities shall be carried out in a manner which fully complies with all applicable federal, state and local laws, statutes, rules and regulations, as currently in effect or as amended in the future. This Contract provides the basis for collaboration in implementing the improvements for City of Renton Downtown City Streetscape Improvements. The first phase is for the associated costs in the planning, design and engineering for the Streetscape Improvements. These improvements will include light poles, street furniture, landscaping and wayfinding. The first phase will include the development of design specifications and bid documents for the second phase which will be the implementation of the installation of the Streetscape Improvements in the pre-qualified low to moderate-income areas located within the following census tract/block groups: Census Tract 253.01, Block Group 3; Census Tract 253.02, Block Group 1, 2 and 3. CENSUS data = 54.7%; City of Renton, King County, WA, herein referred to as "the PROJECT". The total amount of funds awarded to this Exhibit shall not exceed $1,102,841 in King County administered City of Renton CDBG funds. The Catalog of Federal Domestic Assistance (CFDA) number for the CDBG Program is 14.218. II. PROGRAM DESCRIPTION A. Goal Improve the living environment in low- and moderate-income neighborhoods and communities in accordance with jurisdictions' adopted Comprehensive Plans and the Countywide Planning Policies by making CDBG capital funds available for high priority public improvement needs such as public infrastructure, water, sewer, sidewalks, etc., • park facility needs and accessibility improvements, in a range of low-to moderate- income areas of King County Consortium cities. • B. Outcome The community is a healthier and/or safer place to live, and/or has more amenities, including better pedestrian-level lighting. Upon completion of the design phase of the PROJECT, RENTON will have final bid documents for request for proposals in the implementation and construction of the PROJECT. City of Renton Page 1 of 10 9 Contract Amendment 6022484-Exh III C. Indicators Upon completion of the project, RENTON will have better pedestrian-level lighting, additional trees and landscaping and essential street furniture in the low to moderate- income neighborhood. III. ROLES OF PARTIES A. Under this Contract the responsibilities of the COUNTY shall be as follows: 1. The COUNTY shall have the lead role in directing federal requirement implementation of the PROJECT during the construction phase in order to ensure that the PROJECT chosen for award of CDBG capital funds is completed pursuant to all applicable CDBG and other federal regulations. 2. The COUNTY shall conduct all necessary environmental reviews described in 24 Code of Federal Register(CFR) 570.604- Environmental standards- of the CDBG regulations and § 58.5- Related Federal Laws and Authorities-for compliance with requirements of the CDBG program. All mitigation measures identified in the Environmental Review shall be incorporated herein by this reference and shall be monitored and enforced during the implementation of the project. All mitigation measures shall be included in all bid specifications and construction contracts related to the PROJECT. 3. The COUNTY shall provide all federal and King County requirements for all plans, specifications and bid documents prepared for procurement of professional services and construction contracts. 4. The COUNTY shall assure that the CDBG funds under this Exhibit will be used to pay for product, design and bid documents sufficient to meet federal requirements of the program and Uniform Administrative Code. Construction scope and requirements of the PROJECT will be added through an amendment to this Contract. This will occur upon the completion of Phase II of the environmental review record so all mitigation measures identified are incorporated into the construction phase. 5. The COUNTY shall be an equal participant in collaborating with RENTON on development of the following final procurement documents for advertising or soliciting responses for any type of good or service including, but not limited to, professional services and construction services: a. Construction bid specifications; b. Invitation to bid; c. Request for proposals; and d. Request for qualifications. 6. The COUNTY shall prepare the U.S. Department of Housing and Urban Development (HUD) Section 3 report for all contracted services related to the PROJECT. 7. The COUNTY shall ensure that the construction bid specifications and construction contracts assisted in whole or in part under this Contract, include provisions requiring each prime construction contractor(hereinafter referred to City of Renton Page 2 of 10 Contract Amendment 6022484-Exh III as the "PRIME") to submit assurance of final payments in a format approved by the County. 8. The COUNTY shall provide staff to direct implementation of the PROJECT and must explicitly approve by signature any and all payments made concerning the PROJECT during the construction phase. 9. The COUNTY shall assign a Project Manager from the Housing and Community Development Program's Community Development Section to act in this capacity and to work with RENTON to implement the project during the construction phase. 10. The COUNTY shall facilitate standing weekly construction meetings at a site mutually agreed upon with an assigned representative of RENTON and the PRIME during the course of construction and implementation through construction closeout. 11. The COUNTY shall work with RENTON in the event that the CDBG funding award is not enough to cover all desired improvements, and the two parties shall jointly determine the priority of the improvements to be made within funding limits. 12. The COUNTY shall have mutual signature authority for changes, change orders, modifications, or amendments of this Exhibit and/or any subsequent sub-contracts, as necessary to serve the public interest. 13. COUNTY staff shall verify that federal labor requirements, including Section 3 Requirements, have been met prior to approving any payment on the PROJECT. Payment will be withheld for any costs by RENTON, the PRIME or any sub-contractor of construction that is out of compliance. 14. The COUNTY shall be the recipient of certified weekly payrolls of construction activity and supporting documents for labor compliance. Upon review and approval of said documents, COUNTY shall approve payment to RENTON and/or to the PRIME, depending on the nature of the expenditure and the line item budget in SECTION IV.C.2. 15. COUNTY activity project delivery costs for the project will be determined and combined with the project as part of the overall CDBG project budget. B. Under this Contract the responsibilities of RENTON shall be as follows: 1. RENTON shall provide staff to implement the PROJECT and will be a signatory on any payment during the implementation of the PROJECT. RENTON shall assign a Project Manager to act in this capacity and to work with the COUNTY to implement the project. 2. RENTON shall provide all local and state requirements for any plans, specifications and bid documents prepared for procurement of professional services and construction contracts. 3. RENTON shall collaborate with the COUNTY to run an approved procurement process for engineering services for the design and construction oversight of the PROJECT. RENTON shall assume responsibility for ensuring the following: City of Renton Page 3 of 10 Contract Amendment 6022484-Exh III a. RENTON shall hire and subcontract with a registered professional engineer (herein after referred to as Engineer), subject to COUNTY approval, to prepare all plans and specifications necessary to publicly bid the PROJECT for award to the PRIME, and to have the option to provide construction oversight, including staking, surveying and all inspections of the PROJECT or hire construction management in coordination with the COUNTY and PRIME. • b. The sub-contract shall require the Engineer to maintain comprehensive general (including contractual liability) and automobile liability insurance in the amount of not less than $1,000,000 combined single limit per occurrence, $2,000,000 general annual aggregate for personal injury and property damage for the protection of the COUNTY, its officers, RENTON and employees against liability for damages because of personal injury, bodily injury, death or damage to property, including loss of use thereof, in any way related to any of Engineer's sub- contractor's performance of this Contract. c. The sub-contract shall require the Engineer to maintain professional liability insurance in an amount of not less than $1,000,000 per claim. Such insurance shall include limited contractual liability coverage and shall provide for thirty days prior written notice to the COUNTY in event of cancellation. The Engineer shall endeavor to use good faith in order to maintain in force such coverage for not less than three years following completion of the PROJECT. The COUNTY, at its option, may require a complete copy of the above policy and evidence of required coverage. d. The sub-contract shall require the Engineer to include the COUNTY as an additional insured and refer to and support the Engineer's obligation to hold harmless the COUNTY, its officers, RENTON and employees. Such insurance shall provide 30 days written notice to the COUNTY in the event of cancellation, non-renewal, or material change and include a statement that no act on the part of the insured shall affect the coverage afforded to the COUNTY under this insurance. The insurance company will provide written notice to the COUNTY within 30 days after any reduction on the general annual aggregate limit. e. The sub-contract shall require the Engineer to furnish the COUNTY evidence of the insurance required in III.B.3 (b) and (c) prior to the issuance of a Notice To Proceed. f. The sub-contract shall ensure that the Engineer's responsibilities include, but are not limited to, the following: During construction the Engineer shall endeavor to guard the COUNTY against apparent defects and deficiencies in the permanent work constructed by RENTON. ii. All reports and recommendations concerning construction shall be submitted to the COUNTY for approval. The COUNTY agrees that no decisions affecting construction shall be made without RENTON' approval. City of Renton Page 4 of 10 Contract Amendment 6022484-Exh III iii. In the event of modifications to the construction contract, which result in an increase in the contract amount, without the prior approval of the COUNTY, RENTON shall be solely responsible for such modifications. 4. RENTON, in coordination with the COUNTY, shall run an approved procurement process for construction of the PROJECT. a. Such services shall be reimbursed to RENTON if they were identified in the PROJECT application as a CDBG eligible expense of the PROJECT and funds were awarded for that purpose. b. RENTON shall assure that all specifications and drawings shall be in conformance with current standards and general specifications as set forth in the application of the PROJECT, and shall collaborate with the COUNTY to ensure compliance with local, state and federal requirements associated with the use of CDBG funds. RENTON shall collaborate with the COUNTY to ensure compliance with Section 3 requirements set forth at 24 CFR Part 135 in obtaining design services. Compliance with Section 3 requirements is set forth at 24 CFR Part 135.38. When applicable, said requirements shall be incorporated into construction bid specifications, invitations to bid and/or requests for proposals as well as construction contracts with a contract value which exceeds $100,000. ii. The work performed by this Contract may also be subject to the State's prevailing wage laws, Chapter 39.12 Revised Code of Washington (RCW). RENTON shall consult with the Washington State Department of Labor and Industries to determine the State prevailing wages that must be incorporated into the Bid Documents. c. RENTON shall obtain all necessary and appropriate land use permits, zoning approvals, and any other permits and approvals required by local, county, state, and federal law. d. RENTON shall obtain any easements or approvals necessary to allow access onto private property. Acquisition of any easement shall be obtained pursuant to the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA). e. RENTON, in phase II of the PROJECT, i.e. the installation, shall use a more restrictive procurement procedure by sealed bids (formal advertising) except when allowed per 24 CFR Sec. 85.36(d)(2)(i). Bids shall be publicly solicited and a firm-fixed-price contract shall be awarded to the responsible bidder whose bid, conforming to all the material terms and conditions of the invitation for bids, is the lowest in price. f. RENTON shall exclude construction contractors that developed or drafted specifications, requirements, statements of work, invitations for bids, and/or requests for proposals related to this PROJECT from City of Renton Page 5 of 10 Contract Amendment 6022484-Exh III competing for such procurement as part of its efforts to eliminate unfair competitive advantage. g. RENTON shall seek a minimum of three bids or price quotes to enhance the opportunity to obtain the best price for the construction of the PROJECT. If three bids are not received, RENTON will work with the COUNTY to identify an appropriate and legally acceptable alternative course of action to procure a construction contractor. 5. RENTON shall operate and maintain the improvements for public purposes for their useful life subject to the limitations on the expenditure of funds by RENTON as provided by Washington Statute. 6. RENTON shall bear the risk of loss from fire, extended coverage, and shall purchase and maintain property insurance on all affected RENTON property. RENTON will bear the risk of loss from accidents coverable by owner's liability insurance and may, at its option, maintain such insurance. 7. RENTON shall provide all necessary staffing support to assist the COUNTY with the completion of the PROJECT. 8. RENTON shall submit to COUNTY for its approval all reports and recommendations concerning construction of PROJECT. The COUNTY will submit to RENTON for its approval all of COUNTY's decisions affecting 'construction. Both parties agree that their approval may not be unreasonably delayed withheld or conditioned and will follow guidelines outlined in Attachment B., Project Implementation Manual. A customized Attachment B. 'Project Implementation Manual' shall be incorporated herein by this reference and shall be referred during the course of the implementation of the project. 9. RENTON shall have mutual signature authority for changes, change orders, modifications, or amendments of this Exhibit and/or any subsequent sub- contracts, as necessary to serve the public interest. Upon completion of the PROJECT, RENTON agrees to: a. Accept the improvements; • b. Become the successor of the Construction Contract; and 10. Public Information a. In all news releases and other public notices related to projects funded under this Contract, RENTON shall include information identifying the source of funds as the City of Renton Community Development Block Grant Program. b. During construction of the project, a durable and adequately visible sign shall be erected at the construction site, identifying the source of funds, such as: "Funding for this project was provided by City of Renton Community Development Block Grant Program." City of Renton Page 6 of 10 9 Contract Amendment 6022484-Exh III c. A plaque shall be permanently placed in the highest foot traffic area readily visible to the public. The size should be at a minimum 12" by 12". The plaque should contain the following: FUNDING FOR RENTON DOWNTOWN STREETSCAPE IMPROVEMENTS PROVIDED BY THE CITY OF RENTON COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THROUGH THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT C. Records and Reports RENTON shall maintain files for this project containing the following items: 1. Documentation demonstrating RENTON' determination of eligibility for the project activity and the national objective met per CDBG Program regulations per Census Data: Census Tract 253.01, Block Group 3; Census Tract 253.02, Block Group 1, 2 and 3. CENSUS data = 54.7% ; 2. Notice of Grant Award; 3. Motions, resolutions, or minutes documenting Board or Council actions; 4. A copy of this Contract; 5. Correspondence regarding budget revisions; 6. Copies of all invoices and reports submitted to the COUNTY for this project; 7. Bills for payment; 8. Copies of approved invoices and warrants; 9. Payroll time sheets for actual salary and fringe benefit costs, time sheets signed by a supervisor and annotated to document percent of time charged against this project if less than full time; 10. Documentation, such as log sheets, of copy machine use, postage, telephone use, and office supplies when these costs are shared with other programs and no invoice is available, or alternative, annotated invoices may be used to document charges as appropriate; 11. Documentation of mileage charges for private auto use; 12. Documentation of the solicitation process used to select vendors and sub- contractors with original purchase orders and sub-contracts; 13. Documentation related to adherence to labor compliance rules and regulations and report submittal related to such; and 14. RENTON shall submit project status information on a Program Accomplishment form. • D. Project Completion Ceremony City of Renton Page 7 of 10 Contract Amendment 6022484-Exh III Upon completion of the PROJECT, the COUNTY and RENTON shall coordinate to determine whether there will be an event or to jointly plan for such an event (for example: ribbon cutting, open house, grand opening, tour, etc.) to celebrate the successful execution of the project. Invitations may be extended to the following representatives: King County Executive, or the Department of Community and Human , Services representative on behalf of the Executive, an appropriate King County Council member(s), and a representative from the local HUD Field Office. IV. COMPENSATION AND METHOD OF PAYMENT A. Billing Invoice Requirements 1. The COUNTY will not make payment on an invoice unless the HCD Project Manager has signed approval for payment on the Application and Certificate for Payment form (see Attachment B. 3.03) before the payment was made, and in advance of submittal for payment. 2. RENTON shall submit invoices to the COUNTY within ten business days after the end of each quarter in which RENTON incurs costs under this Contract. The final request shall be submitted prior to December 31, 2020. 3. RENTON shall submit invoices to the COUNTY in the form of a CDBG Program Invoice form. Such forms shall be signed by an authorized representative of RENTON and shall be accompanied by copies of supporting documents of eligible expenditures. 4. The COUNTY shall retain ten percent of the value of the contract provided under this project until all construction activities are complete and labor standards are met. The COUNTY shall disburse the retained amount with the final invoice upon the COUNTY's verification that RENTON, the Prime and all sub-contractors have complied with the provisions of this Contract. 5. Payments shall be made upon the joint approval of RENTON, COUNTY Project Manager and Davis Bacon Compliance Officer, each verifying that respective supporting documentation meets compliance requirements. B. Method of Payment RENTON shall be reimbursed for satisfactory completion of the requirements specified in this Contract in a sum not to exceed $1,090,541. C. The COUNTY shall apply the following CDBG funds to the project in accordance with the Line Item Budget Summary below. City of Renton Community Development Block Grant 2017 Renton Façade Improvement Project $316,176 City of Renton Community Development Block Grant 2018 Renton Burnett Sidewalk Improvement Project $375,986 City of Renton Community Development Block Grant 2019 Funds $398,379 King County Activity Delivery Costs $12,300 Total CDBG Funds: CFDA 14. 218 $1,102,841 City of Renton Page 8 of 10 9 Contract Amendment 6022484-Exh III • 1. Line Item Budget Item CDBG Other Total Funds Funds Funds Engineering $316,176 $0 $316,176 Construction $774,365 $0 $774,365 King County Activity Delivery Costs $12,300 $0 $12,300 TOTAL CONTRACT BUDGET: $1,102,841 $0 $1,102.841 D. Project Milestones , 1. The following milestones shall be set forth for project accomplishment. Milestones may be amended from time to time with the written Contract of the COUNTY and RENTON. 2. The Project shall be implemented in accordance with the following schedule. Milestones for Design & Bidding Phase Projected Completion Date Environmental Review Phase I January 15, 2019 Planning/Design/Engineering (PD&E) Firm Hired April 1, 2019 PD&E Complete May 8, 2020 Environmental Review Phase II (Construction Element) March 31, 2020 Contract Amendment—Add Construction Element January 31, 2020 Construction 50% Complete September 4, 2020 Construction 100% Complete October 1, 2020 Labor Standards Reviewed and Accepted Release Retainage December 1, 2020 Project Funding Report Form Filed w/HCD Staff December 31, 2020 E. Liaison Responsibility David Buchheit will act as liaison from RENTON for the PROJECT. Quincy Williams will act as liaison from COUNTY. F. Special Requirements 1. Each party is an independent contractor with regard to the other party. Neither party is an agent or employee of the other. No party or its employees is entitled to participate in a pension plan, insurance, bonus or similar benefits provided by any other party. 2. Notice City of Renton Page 9 of 10 Contract Amendment 6022484-Exh III Each party shall give the other immediate written notice of any action or suit filed or any claim made against the party which may result in litigation in any way related to this Contract. 3. Non-substitution for Local Funding The CDBG funding made available under this Contract shall not be utilized by RENTON to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of funds under this Contract. 4. Evaluation RENTON agrees to participate with the COUNTY in any evaluation project or performance report, as designed by the COUNTY or the appropriate Federal department, and to make available all information required by any such evaluation process. V. TERM OF AGREEMENT A. This Contract becomes effective when it is signed by both Parties. B. The term of this Contract is a period beginning when it becomes effective and ending six years after closeout of the Community Development Block Grant for this PROJECT. C. This Contract may be suspended or terminated prior to the expiration of its term by: 1. Written notice provided to the COUNTY from RENTON before any materials or services for improvements are procured; or 2. Written notice provided by the COUNTY in accordance with 24 CFR 85.43, included as Attachment A, resulting from material failure by RENTON to comply with any term of this CONTRACT; or 3. Mutual agreement by the COUNTY and RENTON City in accordance with 24 CFR 85.44. D. Upon completion of improvements or upon termination of this CONTRACT, any unexpended balances of CDBG funds shall remain with the COUNTY. City of Renton Page 10 of 10 9 Contract Amendment 6022484-Exh III • Attachment A Title 2: Grants and Agreements PART 200-UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES,AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS Subpart D—Post Federal Award Requirements §200.338 Remedies for noncompliance. • If a non-Federal entity fails to comply with Federal statutes, regulations or the terms and conditions of a Federal award, the Federal awarding RENTON or pass-through entity may impose additional conditions, as described in §200.207 Specific conditions. If the Federal awarding RENTON or pass-through entity determines that noncompliance cannot be remedied by imposing additional conditions, the Federal awarding RENTON or pass-through entity may take one or more of the following actions, as appropriate in the circumstances: (a) Temporarily withhold cash payments pending correction of the deficiency by the non-Federal entity or more severe enforcement action by the Federal awarding RENTON or pass-through entity. (b) Disallow(that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. (c)Wholly or partly suspend or terminate the Federal award. (d) Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding RENTON regulations (or in the case of a pass-through entity, recommend such a proceeding be initiated by a Federal awarding RENTON). (e)Withhold further Federal awards for the project or program. (f)Take other remedies that may be legally available. City of Renton Page 1 of 1 2018 Contract 6022484-Exh II Att B • PROJECT IMPLEMENTATION MANUAL TABLE OF CONTENTS Section:ShadedMean's!Not ApplicaIle'Section' SECTION SUBJECT .PAGE 1.00 ADMINISTRATION 1.01 Construction Management Method 2 1.02 Project Team 2 1.03 Owner's Representative 3 1.04 Construction Inspector 5 -- 2.00 PRE-BID, BID, AND AWARD PHASE • • • .. - - • r .. 2.01 Pre-bid Meeting 6 2.02 Pre-bid Meeting Agenda 6 2.03 General Make-up of Bidding Documents 6 2.04 Role of the Engineer During Bidding Phase 7 2.05 Role of the Owner's Representative During Bidding Phase 7 2.06 Role of Housing and Community Development Project Manager 8 2.07 Advertising for Bids 8 2.08 Addenda During Bidding 8 2.09 Bid Opening 8 2.10 Withdrawal of Bids 9 2.11 Determination of Contractor Responsibility 9 2.12 Bid Protests 9 3.00 CONSTRUCTION PHASE 3.01 Preconstruction Meeting 10 3.02 Progress Schedule and Contract Bid Cost Breakdown 10 3.03 Contractor's Payment Request 10 3.04 Daily Diary 10 3.05 Record Drawings 10 3.06 RENTON-furnished Items 11 3.07 Testing 11 3.08 Safety 11 3.09 Field Instructions 11 3.10 Requests for Information and Submittals 11 4.00 CONTRACT CHANGE ORDER PROCEDURES , 4.01 General 12 4.02 Normal Change Orders 12 • 4.03 Change Proposal Procedures 12 4.04 Contract Change Order Procedure 13 4.05 Emergency Change Orders 14 4.06 Time Extensions 14 5.00 CONTRACT COMPLETION PHASE 5.01 General 14 5.02 Attendance at Check Inspection 15 5.03 Punch Lists 15 5.04 Final Inspection 15 5.05 Project Completion Report 15 5.06 Project Files 15 FIGURES Process Flow Chart 16 • City of Renton Page 1 of 16 2018 Contract 6022484-Exh II Att B 1.00 ADMINISTRATION 1.01 PROJECT Construction Implementation Method General These procedures outline the construction implementation policies and procedures of the Housing and Community Development-Community Development (HCD-CD) and the City of RENTON (RENTON). The Engineer, as part of his/her professional services contract, will provide the technical direction for the project construction, and assist in the administration of the project. Project Team The Project Team will consist of the HCD Project Manager Randy Poplock (or substitute HCD Project Manager as needed), and RENTON Owner's Representative, Lawrence Ellis. Other staff may be included as required, including Environmental Review Specialist, Randy Poplock and Davis Bacon Labor Compliance Officer, Dave Mecklenburg. • Owner's Representative The Owner's Representative is RENTON's on-site assistant, and provides on-site coordination and Communication. Engineer During the pre-construction phases, the Project Team works with the Engineer to design and provide construction documents for the construction of the project. From commencement of the bidding phase through the completion of construction,the Owner's Representative assumes a leadership role for the construction phase. During the construction phase the Engineer makes technical decisions regarding the work, and Owner's Representative performs the overall construction administration. The Engineer, Owner and HCD Projedt Manager approve all required tests, materials, equipment, schedules, substitutions of materials, colors, textures, adequacy of work, payments, change orders to the contract,time extensions and final acceptance of the project. 1.02 Project Team Duties of the Project Team The Project Team is responsible to the HCD Program Manager and HCD Coordinator in such CDBG matters: completion of the RENTON Downtown Streetscape project within the scope and budget approved by the Renton City Council; provide oversight to the RENTON, Owner's Representative, and Engineer in their roles in the construction of the project; ensure communication of project status and approvals as required from the Executive and/or committees. The Project Team will make decisions based upon the consensus of the members. Should consensus not be achievable, the issue will be brought before the appropriate line of authority for each entity for further discussion and consideration until a resolution is found. Limits of Authority Any proposed out-of-scope changes will be reviewed by the Project Team and concurrence obtained from the HCD Community Development Coordinator before giving approval to proceed with the changes to the Owner's Representative. The Project Team will closely monitor budget status and promptly notify the HCD Community Development Coordinator should current projections exceed approved budget. It is anticipated that the construction contract will be awarded at an amount less than the budgeted amount, City of Renton Page 2 of 16 2018 Contract 6022484-Exh II Att B and that a 10 percent contract contingency will be authorized for management of the project similar to other similar construction projects. Should the Project Team determine that the ten percent contract contingency is likely to be exceeded, a project budget amendment will be presented to the HCD Community Development Coordinator for presentation to the HCD Program Manager for approval in accordance with normal procedures. Should the Project Team determine that budget amendments are required to complete the project that will exceed the approved project budget by more than 50 percent, approval will be required from the HCD Community Program Manager and ultimately from the Joint Recommendations Committee. 1.03 Owner's Representative Duties of the Owner's Representative The Owner's Representative shall provide on-site construction administration and inspection; coordinate any construction inspectors assigned; and provide coordination and communication between the Project Team, the PRIME, the Engineer, and any additional RENTON consultants. The Owner's Representative shall provide documentation and prepare reports. Limits of Authority The Owner's Representative shall NOT have the authority to enter into contracts or agreements or to make changes to any of the contracts or agreements on behalf of RENTON without the specific approval of the HCD Community Development Coordinator. The Owner's Representative may approve minor changes up to$5,000 that are in-scope of the current project design. Any out-of-scope changes must be brought to the Project Team for review. The Owner's Representative shall have signature authority for correspondence in administering the project with the PRIME, the Engineer, RENTON, and maintain documentation of the testing laboratories with the inclusion of initials of the HCD Project Manager indicating review and approval. Construction Administration a. Review all contract documents and ensure all appropriate RENTON/County procedures are used. Recommend revisions or new procedures as necessary. b. Monitor overall budget and schedule, and advise the Project Team of any trends that affect the timely procedures and cost effective completion of the project. c. Attend weekly and special construction meetings to evaluate and control progress, quality, budget, and other items for which action may be needed. d. Review and coordinate all services provided by testing and inspection firms for compliance with service agreement requirements. Review and approve all invoices submitted by these testing and inspection firms and then submit recommendations to the Project Team for final approval. Review and initial the daily diary of the construction inspector. e. Monitor Engineer submittal log to assure all submittals are approved in a timely manner(this includes resubmittals). Request Engineer to distribute a final submittal log which demonstrates acceptance of all submittals. f. Check the contractor's estimate of work completed for partial payments based on the approved cost breakdown. g. Monitor progress schedule to reflect work completed vs. actual time. h. Evaluate and make recommendations to the Project Team regarding proposed contract changes and resolution of all claims.As directed by the Project Team, participate in or conduct negotiations to resolve claims or disputes. i. Maintain a change order log that includes a cumulative total of changes to the contract, and reconcile change order costs with contractor payment requests. City of Renton Page 3 of 16 2018 Contract 6022484-Exh II Att B j. Coordinate final acceptance, inspection, and scheduling of occupancy. k. Monitor completion and turnover of operation and maintenance data and record drawings. Monitor required operating tests and training required by contract. Execute the Certification of Completion form. Complete and transmit the Project Closeout Checklist to the Project Team. I. .Coordinate additional RENTON consultants. Inspection a. Be familiar with the plans and specifications and the general contractor's operations at all times. b. Personally observe, check and measure items placed in the construction for compliance to the contract documents,technical instructions from the Engineer and directives from the Project Team. c. Supervise and/or perform on-site testing and ensure that all required tests are performed by the testing laboratory, the contractor or the Engineer as specified in the contract documents. Check and report all failed tests to the Engineer, the PRIME, and the Project Team and request instructions as to further procedure. Check billings from the testing laboratories to see that billings reflect only tests actually performed and requested, and that unit rates match personnel used and tests performed. d. Prevent installation of any related work until shop drawings have received final approval from Engineer. e. Inspect all materials immediately upon their delivery to the site to ensure that they comply with the specifications and approved submittals and shop drawings, and are in good condition, new, undamaged, etc. Mark, segregate, and remove condemned materials. f. Receive samples which are required to be furnished at the job site; record date received and from whom, notify Engineer of their readiness for examination, record Engineer's approval or rejection; and maintain custody of approved samples. g. Record the Engineer's or their consultant's verbal instructions during field supervision trips, in the construction inspector's daily diary for that day or on a field instruction report. Should there be any question as to the consultant's instruction, he shall consult the Engineer whose decision shall govern. h. Assist in relaying instructions from the Project Team and the Engineer to the contractor and in relaying problems from the contractor to the Engineer and the Project Team for solution.Actively assist in securing decisions and clarification from the Engineer in a timely manner. • i. Review the contractor's work on the required record drawings weekly to ensure that they are accurately marked up as required. Report any non-compliance at project meetings. j. Assist the Engineer in the final inspection and project acceptance phase. k. Upon completion of the project, review with the Engineer any and all warranties, keying, operating instruction, completion of final punch list items, etc., that are called for in the project documents. Confirm that these are received before certifying the completion of the work in writing. I. Execute the Certification of Completion form, at completion of construction,that the project was constructed in accordance to the project documents. m. Complete and transmit the Project Closeout Checklist to the Project Team. n. Report to the Project Team poor performance or any acts prejudicial to RENTON's/County's interests. This report shall be in writing whenever such conditions may come to Owner's Representative's attention. o. Maintain a photo log during each inspection to document at completion of project. Documentation a. Develop procedures to initiate and maintain document files. b. Maintain daily diary describing general events, noting problems and unusual events, decisions and directions given to the contractor by the Engineer, the Project Team, or the Owner's Representative. The diary should be completed daily, and factually. The diary should reflect the contractor's activities each day, and include weather conditions, personnel working, and significant pieces of equipment on City of Renton Page 4 of 16 2018 Contract 6022484-Exh II Att B site. The diary shall be signed in ink below the last entry; if the diary is electronic in form, print out each day's diary, sign in ink below last entry, and maintain signed copy in a file. Fill out and transmit to the Project Team a report of injury whenever there is an accident. c. Submit weekly and monthly written reports to the Project Team and the Engineer to reflect new and unresolved issues, schedule, quality control, submittal review, budget control including contingency balance, and any other pertinent issues. Project progress reports shall reflect completed work versus contract time. Additional Duties a. Manage the Engineer contract. Process requests for payment, verify completion of required contract tasks, and negotiate any proposals for additional fees due to changes in the contract work. Any increases to the scope of the Engineer contract must be reviewed and approved by the Project Team. b. The Owner's Representative may assume other responsibilities as directed by the Project Team. 1.04 Construction Inspector Any construction inspector assigned to the project will be administratively supervised by the Owner's Representative. The construction inspector may perform some of the duties assigned above to the Owner's Representative as directed by the Owner's Representative. Limits of Authority The construction inspector shall NOT have the authority to enter into contracts or agreements or to make changes to any of the contracts or agreements on behalf of the RENTON or County. Restrictions on the Construction Inspector's Authority a. Shall rely on the Engineer for technical interpretations of the contract documents. This includes approval of shop drawings and samples. b. Shall not authorize deviations from the project documents. c. Shall not avoid conducting any tests required. d. Shall not interfere with the responsibilities of the contractor and its field staff. e. Shall not advise on, or issue directions relative to any aspect of the building technique or sequence unless a specific technique or sequence is called for in the specifications. Duties of the Construction Inspector a. Maintain an effective working relationship with the contractor, the Engineer, the Owner's Representative and the County, so as to safeguard the interest of the RENTON and County. b. Be tactful, firm, and fair in his/her insistence to the adherence of the intent of the contract documents. c. Review and inspect work and materials in a timely manner so as to avoid, as much as possible, disruption to the schedule or work already in place. d. Rely on the Engineer to solve technical problems that arise during construction. e. Exert extreme care that verbal and written communications to the contractor cannot be misinterpreted as changes in the scope of the work, or a change in the contract amount, unless the communication has the written approval of both the Owner's Representative and the County. 2.00 PRE-BID, BID,AND AWARD PHASE 2.01 Pre-bid Meeting (Optional) If Section is Shaded Means 'Not Applicable Section' Shortly before advertising is to begin (when the construction documents are in plan check), the Owner's City of Renton Page 5 of 16 2018 Contract 6022484-Exh II Att B • Representative will notify the Project Team and the Engineer of the pre-bid meeting. The Owner's Representative reviews the following with the Engineer: chairing project meetings and producing minutes, response times to shop drawings and requests for information, any special requirements, Division One requirements and language. See Pre-bid Meeting Agenda. 2.02 Pre-bid Meeting Agenda (Optional) a. Review the special requirements of RENTON and County, such as phasing, traffic control, parking, staging areas, deadlines, equipment installations, occupancy, and temporary utilities from utility company, etc. (project should pay its own way for temporary utilities), and have Engineer incorporate them into the Division One specifications. 1. Phasing: review phasing requirements in detail. 2. Schedule: review any milestones and deadlines. 3. Utilities a. Shutdowns: discuss length of notice required and any special times (e.g.weekends only, etc.). b. Chargebacks: discuss whether contractor is to be billed or if contingency is to cover costs, etc. 4. Determine any RENTON-supplied equipment. 5. Determine contractor parking, staging area and haul routes and any restrictions. b. Review the contract time of performance and liquidated damages for contract overrun. c. Discuss the alternatives, allowances and/or unit price policies. Determine if any are to be included, and how covered in Division One and on bid proposal form. d. Plan the coordination of the project construction with other developments underway or proposed during the construction phase of the subject project. e. Set the bidding date and the amount of the plan deposit, and decide where bidders may secure plans or review them. f. Discuss the issuance of addenda. g. Explain the procedures and responsibilities for conduct of the project bidding and award of contract. h. Outline the testing procedures and explain construction inspection services. i. Discuss other items pertinent to this project,for example, all RENTON-required restrictions shall be discussed and incorporated, if in the best interest of RENTON. j. Discuss Davis/Bacon federal labor requirements and compliance and environmental review mitigation measures. 2.03 General Make-up of Bidding Documents Bidding documents consist of the project plans and specifications and all local, state and federal requirements, both generated and prepared by the Engineer. It is preferred that technical specifications are printed on 8-1/2 x 11-inch sheets bound on the left side into book format. Printing on both sides of each sheet is preferred in order to make a thinner volume. RENTON does have standard contract general conditions and other legal requirements that must be included in the bidding documents.A copy of these documents is furnished by the Owner's Representative to the Engineer for reproduction and inclusion in the specification book. The following material must be bound into the volume containing the • specifications: a. Cover and title page, prepared by the Engineer b. A general index of the volume, prepared by the Engineer c. Special Conditions: Environmental Review: An Unanticipated Discovery Plan for unknown archaeological and human remains shall be in effect during construction. In the event that archaeological or historic materials are discovered during project activities, work in the immediate vicinity shall stop, the area secured, City of Renton Page 6 of 16 2018 Contract 6022484-Exh ri Att B and the King County Project Manager, State Department of Archaeology& Historic Preservation and concerned tribes notified, and any related issues shall be resolved before construction work continues. d. Contract general conditions, furnished by the Owner's Representative and the HCD Project Manager, including sample forms for contract, bonds, etc. e. Supplementary general conditions, furnished by the Owner's Representative, and HCD Project Manager. f. All pertinent Prevailing wage rates,furnished by the Owner's Representative and HCD Project Manager. g. Division one general requirements, prepared by the Engineer and approved by the Owner's Representative; may include provisions tailored to meet RENTON needs, e.g. laydown areas, traffic and parking control. h. Technical specifications, prepared by the Engineer. 2.04 Role of the Engineer During Bidding Phase The responsibilities of the Engineer during bidding phase include: a. Reproduce the plans and specifications and furnish them for distribution to bidders. b. Answer all questions from bidders relative to the project in an appropriate manner. c. Issue all addenda after obtaining approval from the Owner's Representative and HCD Project Manager. d. Attend the formal bid opening. e. Evaluate any bid overrun. f. Submit a complete listing of all tests required in accordance with the project specifications. 2.05 Role of the Owner's Representative During Bidding Phase During the bidding phase of the project, the responsibilities of the Owner's Representative include: a. Make all arrangements required to accommodate the pre-bid walkthrough. (Optional) b. Coordinate delivery of the project plans and specifications through the Builder's Exchange on-line system, and ensure that both the plans and specifications are numbered consecutively. c. Ensure that a record is kept of all plans and specifications issued, by number of bid set and name of contractor receiving that bid set, along with contractor's address, phone and fax numbers. d. Ensure that all addenda issued are attached to the plans and specifications on hand and that copies are mailed to all plan holders. e. Handle all public information releases concerning the project through the Project Team. f. Prepare and conduct the formal bid opening at RENTON; accurately record all bids received on the official Abstract of Bids form. 2.06 Role of HCD Project Manager During Bidding Phase During the bidding phase of the project, the responsibilities of the HCD Project Manager include: a. Accompany the Owner's Representative on the pre-bid walkthrough. (Optional) b. Review the records kept of all plans and specifications issued by number of bid set and name of contractor receiving that bid set, along with contractor's address, phone and fax numbers. c. Verify that all addenda issued are attached to the plans and specifications on hand and that copies are mailed to all plan holders. City of Renton Page 7 of 16 2018 Contract 6022484-Exh II Att B d. Coordinate with Owner's Representative to assure that all public information releases concerning the project through the Project Team. e. Attend the formal bid opening at RENTON; verify accuracy of the recording of all bids received on the official Abstract of Bids form. 2.07 Advertising for Bids The Owner's Representative is responsible for placing advertisements soliciting bids in appropriate trade papers and newspapers, in accordance with the provisions of the contract laws that apply, including at least one minority paper.Advertisements for bids are placed approximately two weeks prior to the bid opening date.At this time the Owner's Representative directs the Engineer to produce project plans and specifications and arrange for Builder's Exchange on-line system by the day of the first advertisement date. The Engineer shall seek bids for the printing and select the most economically responsive bid.A minimum of two sets of project plans and specifications shall be directed to the Project Team, and the Engineer shall keep adequate sets for his/her own use. 2.08 Addenda During Bidding The Engineer is the only person who may clarify the contract documents and answer questions from bidders or other interested parties during the bidding period. The Owner's Representative must direct all questions concerning the project to the Engineer, other than those questions relative to withdrawing plans, etc., which are not technical.As the result of these questions and Engineer review of the plans, the need for clarification or additional information sometimes becomes necessary. The Engineer will then contact the Project Team for authorization to prepare and issue an addendum to the plans and specifications. The Engineer will also send to the Owner's Representative sufficient copies of the addendum for mailing to all plan holders and attachment to any remaining plans and specifications. The Owner's Representative must first clear addenda changes with the Project Team before they are issued. Addenda must be issued in sufficient time for bidders to react to them, and three days is deemed the minimum time for this. 2.09 Bid Opening Location, Time and Date, and Preparation for Bid Opening For maximum success, bid opening should be scheduled for 10:00 a.m. on a Tuesday, Wednesday or Thursday(due to traffic in Northwest/King County and staff availability at RENTON and County). The bid opening should not be scheduled on the day preceding or following a holiday or a vacation. It is recommended to avoid morning bids and bids held on Monday and Friday. The Owner's Representative presides over the bid opening and receives all bids submitted at the bid room. Ten minutes before the bid opening the recorder must make a telephone check on the room clock and adjust it if it is not accurate. It is recommended that the recorder then announce the time at intervals until the scheduled bid opening time is reached. As a clarification, if the time for receiving bids expires at 10:00 a.m., then all bids must be submitted prior. No bids may be received after this time.When the scheduled bid opening time is reached, the recorder must notify the Owner's Representative, who is responsible for signaling the end of the bid acceptance period promptly with a bell, gavel or loud voice and announcing"The period for accepting proposals by RENTON for the construction of RENTON Riverton Heights Park (C15621)is closed". • RECEIPT OF BIDS: Sealed Bids will be received by RENTON until 2:00 p.m. (as determined by the clock in the Clerk's office) on [insert date], Bids may be delivered to City Hall, [insert City Hall address] or mailed to the mailing address of[insert address]. Bids mailed to the address set forth for delivery of Bids will not be delivered by the postal service. Any Bids received after the specified time and date will not be considered. OPENING OF BIDS: The Bids will be publicly opened and read at 2:00 p.m. on [insert date], at the above mentioned office of RENTON. Cityof Renton Page 8 of 16 2018 Contract 6022484-Exh II Att B All responsive bids will be read and tabulated with the apparent low bidder announced. All bids will be taken for verification and responsiveness prior to notice of award. 2.10 Withdrawal of Bids A bid may be withdrawn prior to bid opening by submittal of a letter of withdrawal to RENTON. The Owner's Representative must make sure, by direct question,that it is a bid withdrawal letter. The Owner's Representative must then open the letter, read it, and staple it to the bid that is to be withdrawn. This bid must be set aside, to be returned to the bidder unopened. 2.11 Determination of Contractor Responsibility The Owner's Representative is responsible for completing the responsibility determination for the apparent low bidder.As specified in the contract General Conditions,there is specific information that must be provided by the low bidder within a fixed period of time after bid opening for RENTON to be able to make this determination. In the event RENTON determines the apparent low bidder is not responsible, there is a specified period within which a contractor can appeal the determination.After the appeal period, the process will start again with the next apparent low bidder.Any potential determination of non- responsibility must be discussed in advance with RENTON Attorney. 2.12 Bid Protests The Owner's Representative will immediately confer with the RENTON Attorney, and suspend contract award, if a protest is received from any bidders within the specified protest period. 3.00 CONSTRUCTION PHASE 3.01 Preconstruction Meeting The Owner's Representative is responsible for scheduling a preconstruction meeting at the nearest appropriate location to project site at the time of execution of the contract with the successful prime contractor(normally prior to the Notice to Proceed).Attendance at this meeting includes the Owner's Representative, other RENTON staff; the Engineer; the contractor; and HCD•Project Manager. The main duties and responsibilities of the persons filling these positions are outlined at this meeting. The Owner's Representative shall chair this meeting, which will be based on the preconstruction meeting agenda. HCD Project Manager shall present each prime contractor and their accounting and/or payroll staff with detailed information regarding compliance with CDBG Program Regulations including, but not limited to, federal labor standards and Section 3 regulations. Pertinent federal forms will be distributed at the preconstruction meeting prior to the Notice to Proceed being issued. 3.02 Progress Schedule and Contract Bid Cost Breakdown As specified and as required by the contract, the PRIME shall prepare a construction schedule and a contract bid cost breakdown, and submit copies to the Owner's Representative, HCD Project Manager and the Engineer.The Engineer, with input from the Owner's Representative, HCD Project Manager and Project Team, will review and approve both the schedule and the breakdown. Responses shall be compiled by the Engineer and returned to the PRIME with copies to the Project Team. Project Team is responsible for reviewing the progress completion schedule on a monthly basis and alerting the Engineer of any slip in the PRIME's performance of the approved construction schedule. 3.03 Contractor's Payment Request The approved bid cost breakdown shall be used by the PRIME in the preparation of the regular monthly payment request on standard payment request forms. The PRIME shall submit four sets of payment City of Renton Page 9 of 16 2018 Contract 6022484-Exh II Att B requests, all with original signatures. The Owner's Representative and HCD Project Manager and Engineer shall sign the payment request certifying that the completed percentage of work is accurate. The certified payment request shall be reviewed then forwarded to the Finance Director for approval, processing, and distribution. The PRIME will submit an updated construction schedule as part of the payment request. 3.04 Daily Diary During Construction the Owner's Representative shall keep separate daily diaries.At the end of each day he/she shall sign and date the page directly under the last written line to prevent postdate entries. Diaries may also be maintained electronically. If the diary is maintained electronically, it is advised that at the end of each day the Owner's Representative print out that day's entry, and then sign and date the page directly under the last line of text to prevent postdate entries, and keep that signed page in a file. The daily diary is extremely important and must be properly kept. 3.05 Record Drawings The Owner's Representative and the Engineer shall see that the contractor maintains"as-built drawings" during the course of construction as required by the contract. The contractor will transmit record drawings to the Engineer as part of the completion documents. The Engineer will correct his/her tracings at the completion of the contract in accordance with his/her design agreement. These drawings shall show actual as-built conditions including changes of dimensions or locations of items from the plans. Each change order to the contract shall be shown by reference or sketch drawing on the"record drawings." Supplementary drawings and change order drawings shall become a part of the record package. Every sheet of the contract drawings that differs from the record condition shall be marked to reflect the actual conditions, and sheets so changed shall be noted on the drawing title sheet. "Record drawings" shall be sufficiently exact and detailed so that any future work to the structure and adjacent areas may proceed with a minimum of difficulty. 3.06 RENTON-Furnished Items The Owner's Representative shall be responsible for coordinating the delivery of project items to be furnished by RENTON. 3.07 Testing • At the beginning of the contract, the Engineer will list the materials and the types of testing required by the contract. The PRIME will provide a submittal for a certified testing lab that Owner's Representative will review and approve. PRIME will schedule the certified testing and provide all results to the Engineer. The Engineer retains the right to employ an alternate testing lab to confirm the testing results. Complete records shall be kept of all samples taken and tested as well as the results of the tests. Field tickets shall be attached to reimbursement for laboratory payment requests or invoices as a services source document. 3.08 Safety Safety shall be a prime consideration in every operation on a construction project. The PRIME shall have the appropriate safety measures in place and provide a Safety Plan for Owner's Representative review. A clean and safe job is a requirement of the contract, and adequate means are provided in the contract to enforce these conditions. Liability for safety shall be solely the responsibility of the PRIME. 3.09 Field Instructions Field instructions are the official written communication between the Owner's Representative/construction inspector and the PRIME. Copies of all field instructions shall be sent to the Engineer. Field instructions may be served or addressed to the contractor for: City of Renton Page 10 of 16 2018 Contract 6022484-Exh II Att B a. Emergency work including safety violations. b. Outlining deficiencies and/or inspection corrections. c. Engineer directions or clarification. d. Directions to proceed with a change per the Contract General Conditions with the Project Team's authorization. e. Directions to proceed with disputed work per the Contract General Conditions with the Project Team's authorization. f. Other reasons requiring written communications. 3.10 Requests for Information (RFI) and Submittals The Owner's Representative shall assist in timeliness by regular follow-up on all Requests for Information (RFIs) and all submittals of required materials and shop drawings to avoid delay in securing answers and approvals thereof. Materials shall be approved by the Engineer before they are allowed to be placed, otherwise notification should be given to the PRIME that he is proceeding at his/her own risk. If the PRIME claims that an RFI or submittal response is a change to the contract, the Owner's Representative and the Engineer shall review the PRIME's claim and make recommendations to the Project Team as required; if a change is intended or direction to proceed under protest is required, a field instruction signed by the Owner's Representative and HCD Project Manager(pdf acceptable) shall then be produced and transmitted to the PRIME. 4.00 CONTRACT CHANGE ORDER PROCEDURES 4.01 General When the proposed need for a change order is first known by the Engineer, a change proposal shall be prepared. It is the conceptual approval form and should be prepared for each change as early as possible. A partial purpose of the change proposal is to eliminate unnecessary cost proposal requests to the PRIME and to control additional construction and design costs.All proposed or requested changes to the contract in excess of the Owner's Representative's authority shall be discussed with the Project Team prior to or concurrent with a change proposal being prepared. The Project Team shall determine whether or not to proceed with the proposed or requested change. When so notified by the Owner's Representative, the Engineer shall proceed with the change proposal. No extra services are to be used by the Engineer prior to the approval. 4.02 Normal Change Orders a. The need for a change order usually arises from one of the following reasons: 1. Error in or omission from the contract documents. 2. Unforeseeable job site conditions such as rock, expansive soil, unrecorded utility lines or similar circumstances. 3. Change in the requirements of a regulatory RENTON, such as revisions in building codes, fire, safety or health regulations. 4. A change originated by the Owner. 5. Changes in specified work due to the unavailability of specified materials. b. The Engineer shall prepare a change proposal, in accordance with the following instructions and submit it to the Owner's Representative and HCD Project Manager. 4.03 Change Proposal Procedures a. The Engineer shall assign numbers to change proposals sequentially. Should a change proposal be voided or not used, then the change proposal log shall reflect that status. City of Renton Page 11 of 16 2018 Contract 6022484-Exh II Att B 1. Description of Proposed Change: The Engineer shall describe completely and definitively the change or changes proposed. 2. Necessity for Proposed Change: The Engineer shall state on the change proposal the condition, circumstance or occasion which makes the change proposal necessary. Be precise and specific. Indicate precisely what code change has been made,what condition was encountered, or what error or omission exists. 3. Origin and Originator of Proposed Change: The Engineer shall name the originator of the proposed change and identify the original proposer, i.e. Engineer, PRIME, Owner's Representative. 4. Classification of Proposed Change: Circle the appropriate classification. It should clearly not fit any of the other classes and must be described. Classification '4.6' is not allowed on annual reports to the Trustees, so it is best to classify the change by primary class, '4.1'to '4.5.' If multiple classifications are necessary, split the proposed change into separate classifications, along with cost and other identifying information. 4.1 Error in or omission from the contract documents. Split this classification into two subgroups for annual reporting to the Trustees: 4.1.1 Errors; 4.1.2 Omissions. 4.2 Unforeseeable job site condition such as rock, expansive soil, unrecorded utility lines or similar circumstances. 4.3 Change in the requirements of a regulatory RENTON, such as revisions in building codes, safety or health regulations. 4.4 A change originated by the Owner. 4.5 Changes in specified work due to the unavailability of specified materials. 4.6 Other, describe when applicable. 5. Estimated Cost of Proposed Change b. Construction Cost(Engineer Estimate): The Engineer must provide an estimate of the additional cost or credit for the proposed change. If the Engineer estimates a change proposal to be a no-cost change, the estimated cost should be indicated as$0. When the proposed change is originating from other than the PRIME, the cost estimate should be made by the Engineer. The construction cost estimate should be of the"order of magnitude"or"probable cost"type. The Engineer should obtain assistance in obtaining the estimated construction costs from the Engineer's consultants, when appropriate. The Engineer should not discuss his estimate of the construction cost with the PRIME.At this stage there is no assurance a change will be approved. When the proposed change originates from the PRIME, and the PRIME submits a cost, the Engineer shall review the PRIME's cost, using, where appropriate, the Engineer's consultants and shall recommend that the PRIME's cost is or is not a valid cost for the work done. c. Engineer Extra Service Compensation:The Engineer must also provide an estimate of the extra Engineer compensation required to make changes in the contract documents or produce additional drawings and/or specifications necessary to proceed with the execution of the proposed change. If the proposed change is Item 4.1 (error in or omission from contract documents), the estimated design cost shall always be indicated as$0.The extra compensation requested by the Engineer may be allowed if it is in accordance with the Engineer's Agreement and is approved by the Project Team. Failure to include extra compensation in the change proposal may preclude the Engineer from claiming such extra compensation at a later date. Incorrectly quoted compensation may be revised upon submittal by the Engineer of a complete description and substantiation for the additional compensation prior to approval of the proposed change order.A delay in this submission may result in a rejection of the amended compensation request. If approved, a letter authorizing the extra services compensation will be sent to the Engineer from the Project Team. City of Renton Page 12 of 16 2018 Contract 6022484-Exh II Att B d. Preparation and Recommendation:The Engineer must include his/her signature and then submit the change proposal to the Owner's Representative. The Owner's Representative will then secure the reviews/approvals of the Project Team. 1 The Owner's Representative shall make a recommendation on all proposed changes and is authorized to approve changes not exceeding $5,000 under the following circumstances: a. The change is essential to the project and is not a change in scope, including changes originated by RENTON/County, or a change dealing with administrative items. b. The Engineer, and/or his consultant, agrees to the need for the change, and, if possible, the estimated cost. Note: A change"originated by RENTON" is considered an "elective change"for the purpose of these recommendations. 2 Project Team:All proposed changes with a possible change in scope or costing over$5,000 require the Project Team approval. 4.04 Contract Change Order Procedure a. Engineer shall complete four original copies of the contract change order form, all four copies with original signatures (including the Engineer's signature), attach to each copy all back-up materials, and send all four copies to the Contractor for signature. The Engineer shall assign numbers to change orders sequentially. Should a change order be voided or not used,then the change order log shall reflect that status. b. PRIME shall review and sign contract change order and send all copies, each with back-up materials, to the Owner's Representative for signature. c. Owner's Representative and HCD Project Manager shall review each contract change order for conformance to the approved change proposal(s) and review all attached back-up for completeness and conformance to the contract specifications. Owner's Representative and HCD Project Manager shall sign all change orders not exceeding $5,000. If there are multiple change items on a single change order, the Owner's Representative and HCD Project Manager may sign the change order only if the absolute value of each separate item listed on the change order does not exceed his/her authority. If one or more of the items exceeds the Owner's Representative's signature authority the Owner's Representative must secure approval from the Project Team. 4.05 Emergency Change Orders a. Emergency change orders, as defined in the Contract General Conditions, are those requiring immediate action to avoid a serious work stoppage, delay and/or extra costs. b. Engineer, Owner's Representative/Construction Inspector shall advise the Project Team of the emergency situations and, if possible, estimate the cost of the change. The Owner's Representative and HCD Project Manager shall give verbal approval to all changes involving a change in scope, including a change originated by RENTON.A lump sum cost shall be agreed with the PRIME. If the agreement on cost is not reached, PRIME shall proceed on a time and material basis, with an "authorization limit", if required, and utilizing a field instruction or letter from the Owner's Representative with HCD Project Manager's initials. c. Owner's Representative shall issue PRIME a field instruction on which Owner's Representative has authorized PRIME to proceed on the agreed lump sum cost or on a time and material basis, or on other agreed cost basis. d. Engineer shall immediately prepare a change proposal, including an estimate of the cost, as normal, and submit it to Owner's Representative and HCD Project Manager for approvals.When work is completed, the Engineer shall prepare a formal contract change order. The Engineer shall attach necessary documentation, including copies of time and material logs, if required, to the contract change order. Cost of the change may be according to an agreed lump sum, based on certified time and material costs, or a combination as appropriate. City of Renton Page 13 of 16 2018 Contract 6022484-Exh II Att B 4.06 Time Extensions a. Contractor may request a time extension when submitting its cost for a change. A time extension may be allowed only upon justification in accordance with the Contract General Conditions. Schedule impact of critical path work which will cause the project to complete later than the official completion date is the base criterion for a time extension. b. Time extensions should be reviewed by the Engineer with consultation of the Owner's Representative and HCD Project Manager prior to making recommendations to the Project Team.Acquire the Project Team's concurrence prior to including a time extension on a change order.To allow time may cause extended overhead cost, and to deny it may cause construction acceleration. 5.00 CONTRACT COMPLETION PHASE 5.01 General When a project is nearing completion in accordance with the Contract General Conditions, the first step for project acceptance shall be a check inspection. This check inspection is held to assure conformance to the contract requirements and to generate a punch list of work to be completed, adjusted, or corrected prior to the final inspection that verifies completion for acceptance. The Owner's Representative/ construction inspector and HCD Project Manager and the Engineer will establish a date for this inspection of the contract work. 5.02 Attendance at Check Inspection Present at the check inspection shall be the Engineer, the Owner's Representative, other RENTON staff if appropriate, and the contractor.The Owner's Representative/construction inspector shall coordinate punch lists of items that must be completed, adjusted or corrected to complete the contract work. The Engineer will be responsible for a timely compilation of all consultant punch lists. The PRIME shall witness the inspection to receive information and instructions regarding the work to be done.A draft copy of the punch list may be given to the PRIME after the inspection. Inspection should start promptly and continue until completed, and may be more than one day in some projects. If the work has not progressed as contemplated and is not ready for a check inspection, it may be canceled and continued when ready. The punch list should be transmitted to the PRIME timely with copies to all parties. 5.03 Punch Lists The Owner's Representative is responsible to assure that the contractor completes the punch list items. The Owner's Representative must be sure the PRIME is aware of the extent of work required by each item and urge early completion of all items. The Owner's Representative shall keep the Engineer and the Project Team advised as to the status of the punch list items, in order that the earliest possible date for the final inspection of the project may be set. The punch list status should be included in the Weekly Report at this stage of the project.Any outstanding items on the Project Closeout Checklist shall be added to the punch list, as appropriate. This includes timely submittal of as-builts. The Owner's Representative should aggressively remind the PRIME and the Engineer of the need to timely submit as- builts. Contract funds will be retained from each until this submittal is satisfactorily complete. 5.04 Final Inspection When the punch list items have been completed, a final inspection shall be held to inspect the completed work. The final inspection may end the contract time and transfer the project to RENTON/County for occupancy and maintenance. The Owner's Representative shall coordinate the date and time for the final inspection of the project with the HCD Project Manager, Engineer and the Project Team.After the final inspection, the Owner's Representative will officially notify the Project Team and the PRIME of the acceptance of the facility/improvements. City of Renton Page 14 of 16 2018 Contract 6022484-Exh II Alt B 5.05 Project Completion Report The Owner's Representative will prepare all appropriate documents at completion and execute the legal requirements. Both the Owner's Representative and the Engineer shall state in writing to the Project Team that to the best of their knowledge the PRIME has complied with the terms of the contract. The Project Closeout Checklist must be completed by the Owner's Representative (as applicable) and submitted with final billing to HCD Project Manager. 5.06 Project Files a. The Owner's Representative must maintain the project files for the project. These files shall be available for reference at all times by the Engineer and the Project Team. They shall be kept neat, orderly and adequately protected.At the completion of a project, the project files shall be forwarded to RENTON, and shall include all equipment brochures and other submittals. The Owner's Representative is responsible for transfers. b. Originals of pertinent Federal Labor Standards files (Davis-Bacon and Related Acts documentation) shall be maintained and kept in a neat, orderly, protected environment by HCD Project Manager for the duration of the statutory retention periods. Information regarding these procedures shall be discussed at the Preconstruction meeting. Should.the Owner wish for original Certified Payroll Reports and other similar documents, the Owner's Representative will need to arrange such procedures (including but not limited to duplicate originals) during the preconstruction conference or in weekly project meetings. • City of Renton Page 15 of 16 2018 Contract 6022484-Exh II Att B KingCountyHCDHCDPPMKathyTremperuntilAssignedProjectDesignand/orManagementLaborCompliance;ESJI,Section3ReportsCostReimbursementCityofRentonPage16of162018Contract6022484-ExhIIAttB