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HomeMy WebLinkAboutContractAGREEMENT FOR SERVICE DURING CONSTRUCTION OF WEST HILL BOOSTER PUMP STATION IMPROVEMENTS PROJECT WTR-27-04184 THIS AGREEMENT, dated for reference purposes only as ____________, is by and between the City of Renton (the “City”), a Washington municipal corporation, and RH2 Engineerig, Inc. (“Consultant”), a Washington Corporation. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1.Scope of Work: Consultant agrees to provide professional services as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2.Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit C or as otherwise mutually agreed by the Parties. 3.Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit B. All Work shall be performed by no later than January 31, 2025. 4.Compensation: A.Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $220,000, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit C. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit C. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B.Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the 5/19/2023 PAGE 2 OF 10 name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C.Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D.Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5.Termination: A.The City reserves the right to terminate this Agreement at any time, with or w ithout cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B.In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6.Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and PAGE 3 OF 10 workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7.Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8.Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9.Independent Contractor Relationship: PAGE 4 OF 10 A.The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B.The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C.If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10.Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. PAGE 5 OF 10 It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11.Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12.City of Renton Business License: Unless exempted by the Renton Municipal Code, Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13.Insurance: Consultant shall secure and maintain: A.Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B.In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C.Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. PAGE 6 OF 10 D.Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E.Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F.Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G.Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14.Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15.Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16.Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Ken Srilofung 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-7247 CONSULTANT Chris Roberts 22722 29th Dr., Suite 210 Bothell, WA. 98021 Phone: (425) 951-5358 PAGE 7 OF 10 ksrilofung@rentonwa.gov Fax: (425) 430-7241 croberts@rh2.com Fax: (425) 951-5401 17.Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A.Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B.The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C.If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D.The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18.Miscellaneous: The parties hereby acknowledge: A.The City is not responsible to train or provide training for Consultant. B.Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C.Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. PAGE 8 OF 10 D.In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E.This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F.Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G.Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19.Other Provisions: A.Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B.General Administration and Management. The City’s project manager is Ken Srilofung. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C.Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D.Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E.Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. PAGE 9 OF 10 F.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H.Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I.Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J.Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K.Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L.Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M.Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. 5/19/2023Approved by Cheryl Beyer via 4/18/2023 email 1 4/18/2023 9:04:34 AM Z:\PROJECTS\DATA\REN\23-0075\00 CONTRACT\PSA_EXH A_SOW_WEST HILL BPS IMPROVEMENTS_SDC_V2.DOCX EXHIBIT A Scope of Work City of Renton West Hill Booster Pump Station Improvements Services During Construction April 2023 Background RH2 Engineering, Inc., (RH2) was retained by the City of Renton (City) to provide professional services for the preliminary design, design, permitting, and bidding of the West Hill Booster Pump Station (BPS) Improvements project. Contractor bids were recently obtained, and the City intends to award the contract to the lowest bid. As such, the City has requested that RH2 provide a proposal for services during construction to assist with construction contract administration. The following Scope of Work details the approach RH2 will use to assist the City during the construction of the West Hill BPS Improvements. Project Assumptions The following is a list of assumptions used in preparing this Scope of Work: • The estimate of professional services for the construction phase of the project assumes that a generally qualified and competent contractor is retained through the bidding process. If this level of support is not sufficient due to an extended construction schedule, unanticipated construction issues, or the quality of the contractor or subcontractor work, additional support may be necessary from RH2. If warranted, the City and RH2 will mutually determine the additional support required and an amendment will be prepared. • RH2 is not responsible for site safety, for determining means and methods, or for directing the contractor in their work. • RH2 will perform the services described up to the amounts included in the attached Fee Estimate. If additional effort is needed, that extra work will be mutually determined by the City and RH2. • The Construction Contract for this project has identified a 400-working day timeline, including a procurement lead time for the diesel generator and other construction equipment and materials, from the contractor's commencement date for completion. The contractor has indicated that it will accomplish most of the submittal process and procure all long lead items prior to commencing with physical on-site construction, expected during the second half of 2024. As such, RH2’s services will coincide with the contractor’s schedule and will occur between mid-2023 and early 2025. City of Renton Exhibit A West Hill Booster Pump Station Improvements Services During Construction Scope of Work 2 4/18/2023 9:04:34 AM Z:\PROJECTS\DATA\REN\23-0075\00 CONTRACT\PSA_EXH A_SOW_WEST HILL BPS IMPROVEMENTS_SDC_V2.DOCX Task 1 – West Hill BPS Improvements Services During Construction Task 1.1 – Pre-Construction Conference Objective: Prepare for and attend a pre-construction conference, which will include the contractor, City, Fire Department, Airport, and other utilities. Prepare involved agencies for construction. Approach: 1.1.1 Prepare Pre-Construction Agenda and Meeting Notice: Email agenda and notices to the contractor, City, Fire Department, Airport, and utilities. 1.1.2 Prepare Construction Documents: Prepare and deliver two (2) sets of 24-inch by 36-inch color plans, five (5) sets of 11-inch by 17-inch color plans, and five (5) sets of specifications to the contractor, one (1) set of 24-inch by 36-inch color plans to the City, and four (4) sets of 11-inch by 17-inch color plans and four (4) sets of specifications for RH2 and City staff. 1.1.3 Attend Pre-Construction Conference: Attend the pre-construction conference and introduce the project team members from the contractor, City, RH2, Fire Department, Airport, and utilities. Important sections of the construction contract and contract requirements will be discussed to confirm they have been brought to the contractor’s attention. Any documents required of the contractor will be submitted at the conference for review and comments. Prepare and distribute meeting minutes. Provided by City: • Conference room and attendance at the pre-construction conference. RH2 Deliverables: • Pre-construction conference agenda and meeting notice emailed to attendee list. • Hard copies of construction documents to the contractor and City as outlined in subtask 1.1.2. • Attendance at pre-construction conference and meeting minutes in PDF format. Task 1.2 – Document Review and Construction Phase Coordination Objective: Review documentation associated with construction, including shop drawings, submittals, requests for information (RFIs), and change orders. Provide coordination with the City on costs, construction phasing, and constructability issues. Approach: 1.2.1 Review Shop Drawings and Submittals: Review shop drawings and submittals of those items requested in the Technical Specifications. Provide a written response to the contractor and the City accepting or rejecting each shop drawing and submittal reviewed. 1.2.2 Review RFIs and Change Order Proposals: Review contractor RFIs and change order proposals and provide written responses and clarifications to the City including plan modifications when necessary. City of Renton Exhibit A West Hill Booster Pump Station Improvements Services During Construction Scope of Work 3 4/18/2023 9:04:34 AM Z:\PROJECTS\DATA\REN\23-0075\00 CONTRACT\PSA_EXH A_SOW_WEST HILL BPS IMPROVEMENTS_SDC_V2.DOCX 1.2.3 Provide Construction Coordination: Coordinate with the City on construction costs, scheduling, and constructability issues. Assumptions: • Services defined in this Task are variable in nature and depend in part on the contractor and competent material suppliers. RH2’s estimated level of effort is based upon an experienced and reasonable contractor providing complete documentation in accordance with the project requirements. RH2 Deliverables: • Written responses for shop drawings and submittals, RFIs, and change orders in PDF format. Task 1.3 – On-Site Construction Observation Objective: Observe construction activities onsite and attend regularly occurring construction progress meetings to monitor the quality and compliance of the work with the construction contract plans and specifications to the extent possible b y the level of observation. Alert the City where deficiencies in the quality of the construction and non-compliance with the construction contract documents are observed. Review contractor pay requests and prepare progress reports and contract time remaining statements, including weekly statements of working days. Approach: 1.3.1 Attend Construction Progress Meetings: Provide a minimum of one (1) RH2 representative every two (2) weeks at construction progress meetings. Construction progress meetings are estimated to be one (1) hour in length. Prepare meeting minutes for distribution to the attendees. 1.3.2 Provide Construction Observation and Records: Provide part-time construction observation services, including special inspections, as necessary, by a testing firm retained by RH2. The intent of the on-site observation is to observe the quality and compliance of the work with the construction contract plans and specifications. The Fee Estimate reflects a total of five (5) hours per week of on-site observations by an RH2 representative for the duration of the construction period (assumed to be forty (40) weeks). Notify the contractor and the City of any work that has been observed to not have been completed in accordance wit h the plans and specifications and discuss rectification. Review pay requests from the contractor and forward approved pay requests to the City for processing. Prepare progress reports, including contract time remaining statements and weekly statements of working days. Prepare construction observation reports for each time an RH2 representative is onsite. Provided by City: • Attendance at the construction progress meetings. • Processing of pay requests. City of Renton Exhibit A West Hill Booster Pump Station Improvements Services During Construction Scope of Work 4 4/18/2023 9:04:34 AM Z:\PROJECTS\DATA\REN\23-0075\00 CONTRACT\PSA_EXH A_SOW_WEST HILL BPS IMPROVEMENTS_SDC_V2.DOCX RH2 Deliverables: • Attendance at and meeting minutes for construction progress meetings in PDF format. • Part-time on-site construction observation and special inspections. • Written responses to pay requests in PDF format. • Progress reports and contract time remaining statements, including weekly statements of working days, in PDF format. • Construction observation reports in PDF format. Task 1.4 – Startup and Testing Observation Objective: Observe the testing of systems, including the back-up generator, motor control center (MCC), variable frequency drives, automatic control system, and pumps, and observe the overall startup of the West Hill BPS. Prepare the project acceptance letter to the City and the Construction Completion Report (CCR) to the Washington State Department of Health (DOH). Approach: 1.4.1 Review Testing Procedures and Coordination: Coordinate with the contractor, the City, and the qualified manufacturer’s representative for the scheduled testing and startup activities. This will include the review and supplementation of the testing protocols developed by the contractor and manufacturer’s representative, and confirmation of the tests and appropriate corrections. 1.4.2 Attend Control System Factory Testing: Attend factory testing at the control system integrator’s shop to confirm that the control systems are functional prior to startup. Notify the contractor and the City of any work that has not been completed and discuss rectification. 1.4.3 Observe Startup and Testing: Document the pertinent activities and coordinate with the contractor during startup to ensure that systems comply with the plans and specifications. Notify the contractor and the City of any work that has not been completed and discuss rectification. 1.4.4 Provide Project Closeout: Perform a final project walkthrough in conjunction with City staff and prepare a letter of recommendation for project acceptance. Complete the DOH CCR for the portion observed by RH2 staff Provided by City: • Final completion and closeout of the contract with the general contractor. RH2 Deliverables: • Attendance at control system factory testing and startup. • Attendance at final walkthrough and letter of recommendation for project acceptance in PDF format. • DOH Construction Completion Report in PDF format. City of Renton Exhibit A West Hill Booster Pump Station Improvements Services During Construction Scope of Work 5 4/18/2023 9:04:34 AM Z:\PROJECTS\DATA\REN\23-0075\00 CONTRACT\PSA_EXH A_SOW_WEST HILL BPS IMPROVEMENTS_SDC_V2.DOCX Task 1.5 – Project Report and Record Drawings Objective: Prepare a project report for DOH approval and coordinate with the contractor and City to develop a set of record drawings. Approach: 1.5.1 Prepare a Project Report: Develop a project report to meet DOH Water System Design Manual and Washington Administrative Code (WAC) requirements. Document the project background and objectives, BPS sizing, and BPS design criteria. Submit the draft Project Report detailing the analysis, results, and recommendations to the City for review. Prepare DOH Project Approval Form, letter of introduction, and Project Report for submittal to DOH on behalf of the City. 1.5.2 Coordinate with Contractor and City: Coordinate with the contractor and City in obtaining field records. Review the contractor-provided Operations and Maintenance (O&M) Manuals. 1.5.3 Prepare Record Drawings: Provide record drawings representative of the as-constructed project. Record drawings will be completed based upon contractor, RH2, and City inspector red-lined markups to conformed drawings. Record drawings will be completed per City Standards. Provide electronic copies of record drawings to the City. Provided by City: • Review and comment on the draft Project Report and coordinate w ith DOH, as needed for Project Approval. RH2 Deliverables: • DOH Project Approval Form, letter of introduction, and Project Report in PDF format. • Written responses to contractor-provided O&M Manuals in PDF format. • Construction record drawings in AutoCAD DWG and PDF formats. Task 2 – Project Management Objective: Manage RH2’s project team and maintain frequent client communications. Provide monthly invoices and budget status summaries. Approach: Provide Project Oversight: Provide direction, coordination, and oversight to the RH2 project team. Retain Information: Document and retain information generated during the execution of the project. Prepare Monthly Invoices: Prepare monthly invoices and budget status summaries, including a summary of tasks completed during the invoice period and a budget spending curve . City of Renton Exhibit A West Hill Booster Pump Station Improvements Services During Construction Scope of Work 6 4/18/2023 9:04:34 AM Z:\PROJECTS\DATA\REN\23-0075\00 CONTRACT\PSA_EXH A_SOW_WEST HILL BPS IMPROVEMENTS_SDC_V2.DOCX RH2 Deliverables: • Monthly budget status summaries and invoices in PDF format. Task 3 – Control Software Development, Startup, and Testing Objective: Provide control software development services for the proposed Operator Interface (OI) and Programmable Logic Controller (PLC) equipment at the West Hill BPS. Update the City’s Human Machine Interface (HMI) computer software. Attend field testing, startup, and commissioning services. Approach: Develop SCADA Control Strategy: Develop a control strategy that will be used to develop the PLC and Supervisory Control and Data Acquisition (SCADA) programming. Develop PLC Software: Provide PLC software development, as required, for monitoring and controlling the equipment at the BPS. Develop OI Software: Provide OI software development for the BPS. Develop HMI Software: Provide HMI software updates at the City’s SCADA computer system located at the City shops. Attend Control Panel Factory Testing: Attend control panel and MCC factory testing at the control system integrator’s panel shop. Witness hardware testing of the control panels by the control system integrator. Load PLC and OI software onto the proposed PLC and OI and test software functionality. Attend Field Testing, Startup, and Commissioning: Attend field tests for PLC, OI, and communications equipment for end-to-end data transmission integrity and accuracy. Attend field tests for OI screens for connectivity, detail, and accuracy of information displayed. Attend field tests for SCADA alarm, navigation, and intrusion security configurations and functions. Attend startup and commissioning. Develop associated reporting. Develop SCADA System O&M Material: Provide SCADA system O&M manuals for the PLC, OI, and updated HMI software. Provide SCADA System Training: Provide up to two (2) 4-hour sessions of on-site training on manual, programming, communications, and software operation aspects of the system utilizing the O&M manual as a training aid. Assumptions: • Software development, data points, and graphical displays will be defined and approved by RH2 and the City. • Pump control will be defined and approved by RH2 and the City. • RH2’s Fee Estimate (Exhibit B) for Task 3 assumes a certain level of cooperation and timeliness from the contractor and any third parties required for testing. If additional hours are needed City of Renton Exhibit A West Hill Booster Pump Station Improvements Services During Construction Scope of Work 7 4/18/2023 9:04:34 AM Z:\PROJECTS\DATA\REN\23-0075\00 CONTRACT\PSA_EXH A_SOW_WEST HILL BPS IMPROVEMENTS_SDC_V2.DOCX to accomplish Task 3 due to events beyond RH2’s control, RH2 will notify the City in advance of such additional hours needed, and a contract modification shall be mutually negotiated. • RH2 will provide eight (8) hours of training to City staff. If the City requires assistance above and beyond the fee amount associated for subtask 3.8, the City and RH2 will mutually agree upon an additional fee amount for continued training. RH2 Deliverables: • SCADA Control strategy developed during subtask 3.1. • PLC software and OI screen designs developed in subtasks 3.2 and 3.3. • HMI computer screen updates developed in subtask 3.4. • Attendance at control panel and factory testing. • Final startup and commissioning reports completed during subtask 3.6. • One (1) electronic copy of PLC, OI, and HMI software. • On-site SCADA system training. • One (1) electronic copy of the following items: o Project spreadsheet file that includes information about the software configuration, addressing, data point names, alarms, control loops, and descriptions. o O&M material for SCADA system software. 3/24/2023 8:59:00 AM J:\Data\REN\S40\2023 West Hill Booster Pump Station Improvements - SDC\PSA_EXH B_Schedule_West Hill BPS Improvements_SDC.docx Exhibit B: Time Schedule of Completion City of Renton West Hill Booster Pump Station Improvements Services During Construction ANTICIPATED NOTICE TO PROCEED DATE: April 1, 2023 Task Anticipated Completion Task 1 – West Hill BPS Services During Construction January 31, 2025 Task 2 – Project Management January 31, 2025 Task 3 – Control Software Development, Startup, and Testing January 31, 2025 ANTICIPATED CONTRACT COMPLETION DATE: January 31, 2025 Subconsultant: RH2 ENGINEERING, INC Overhead Multiplier Fee Multiplier 195.10%12.00% Professional I $ 48.71 $ 95.04 $ 17.25 $ 161.00 Professional II $ 53.86 $ 105.07 $ 19.07 $ 178.00 Professional III $ 59.91 $ 116.88 $ 21.21 $ 198.00 Professional IV $ 65.66 $ 128.09 $ 23.25 $ 217.00 Professional V $ 70.50 $ 137.54 $ 24.96 $ 233.00 Professional VI $ 74.73 $ 145.80 $ 26.46 $ 247.00 Professional VII $ 80.18 $ 156.43 $ 28.39 $ 265.00 Professional VIII $ 84.11 $ 164.10 $ 29.79 $ 278.00 Professional IX $ 84.11 $ 164.10 $ 29.79 $ 278.00 Technician I $ 38.12 $ 74.38 $ 13.50 $ 126.00 Technician II $ 41.45 $ 80.87 $ 14.68 $ 137.00 Technician III $ 46.59 $ 90.91 $ 16.50 $ 154.00 Technician IV $ 51.13 $ 99.76 $ 18.11 $ 169.00 Technician V $ 55.67 $ 108.61 $ 19.71 $ 184.00 Technician VI $ 61.42 $ 119.83 $ 21.75 $ 203.00 Technician VII $ 66.56 $ 129.87 $ 23.57 $ 220.00 Technician VIII $ 69.89 $ 136.36 $ 24.75 $ 231.00 Administrative I $ 25.42 $ 49.58 $ 9.00 $ 84.00 Administrative II $ 29.65 $ 57.85 $ 10.50 $ 98.00 Administrative III $ 35.40 $ 69.06 $ 12.54 $ 117.00 Administrative IV $ 41.45 $ 80.87 $ 14.68 $ 137.00 Administrative V $ 47.80 $ 93.27 $ 16.93 $ 158.00 In-House Copies B/W - 8.5x11 $ 0.09 In-House Copies B/W - 8.5x14 $ 0.14 In-House Copies B/W - 11x17 $ 0.20 In-House Copies Color - 8.5x11 $ 0.90 In-House Copies Color - 8.5x14 $ 1.20 In-House Copies Color - 11x17 $ 2.00 CAD Plots Large $ 25.00 CAD Plots Full $ 10.00 CAD Plots Half $ 2.50 CAD/GIS System Per Hour $ 27.50 Mileage Current IRS Rate Subconsultants will be billed at cost plus 15% Outside Services At Cost Outside direct costs for permit fees,reports,maps,data,reprographics,couriers,postage,and non- mileage related travel expenses that are necessary for the execution of the project and are not specifically identified elsewhere in the contract will be billed at cost. Exhibit C-1 Consultant Fee Determination - Summary Sheet (Negotiated Hourly Rates of Pay) Fee Schedule Staff Classification Negotiated Rate Per Hour Negotiated Hourly Rate Rates listed are adjusted annually. August 16, 2021 RH2 Engineering, Inc. 22722 29th Drive SE, Suite 210 Bothell, WA 98021 Subject: Acceptance FYE 2020 ICR Audit Office Review Dear Myra Sachs: 20 Indirect Cost Rate (ICR) of 195.10% of direct labor. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:mya EXHIBIT C-2 Fee Estimate City of Renton West Hill Booster Pump Station Improvements Services During Construction Apr-23 Description Principal Project Manager Project Manager Project Engineer Electrical Project Engineer Structural Project Engineer Civil Staff Engineer Electrical Staff Engineer Civil Staff Engineer Structural Geotechnical Senior Control Systems Engineer Senior Control Systems Engineer Project Accounting Administrative Support Total Hours Total Labor Sub Cost Sub Cost Total Subconsultant Total Expense Total Cost Task 1 - West Hill BPS Improvements Services During Construction Task 1.1 Pre-Construction Conference -10 10 ---2 2 -----4 28 6,430$ -$ -$ -$ 1,483$ 7,913$ 1.1.1 Prepare Agenda and Meeting Notice -4 4 --------2 10 2,364$ -$ -$ -$ 2,364$ 1.1.2 Prepare Construction Documents ------2 2 ----2 6 994$ -$ 1,450$ 2,444$ 1.1.3 Attend Pre-Construction Conference -6 6 ----------12 3,072$ -$ 33$ 3,105$ Task 1.2 Document Review and Construction Phase Coordination -20 28 32 16 -28 20 16 8 ---6 174 37,664$ -$ -$ -$ 325$ 37,989$ 1.2.1 Review Shop Drawings and Submittals -8 8 12 8 -24 16 12 4 --4 96 19,312$ -$ 297$ 19,609$ 1.2.2 Review RFIs and Change Orders -8 16 16 8 -4 4 4 4 --2 66 15,316$ -$ 28$ 15,344$ 1.2.3 Provide Construction Coordination -4 4 4 ---------12 3,036$ -$ -$ 3,036$ Task 1.3 On-Site Construction Observation -28 54 54 --60 60 20 4 ---8 288 60,032$ 5,000$ -$ 5,750$ 2,214$ 67,996$ 1.3.1 Attend Construction Progress Meetings -20 30 30 --------8 88 21,384$ -$ 655$ 22,039$ 1.3.2 Provide Construction Observation and Records -8 24 24 --60 60 20 4 ---200 38,648$ 5,000$ 5,750$ 1,559$ 45,957$ Task 1.4 Startup and Testing Observation -18 34 24 --32 ------2 110 24,564$ -$ -$ -$ 436$ 25,000$ 1.4.1 Review Testing Procedures and Coordination -4 6 6 ---------16 4,024$ -$ -$ 4,024$ 1.4.2 Attend Control System Factory Testing -2 -4 --12 ------18 3,450$ -$ 60$ 3,510$ 1.4.3 Observe Startup and Testing -10 20 10 --20 ------60 13,280$ -$ 199$ 13,479$ 1.4.4 Provide Project Closeout -2 8 4 --------2 16 3,810$ -$ 177$ 3,987$ Task 1.5 Project Report and Record Drawings 2 -8 6 2 20 16 12 8 ----4 78 15,772$ -$ -$ -$ 367$ 16,139$ 1.5.1 Prepare Project Report 2 -4 2 -20 4 -4 ---4 40 8,618$ -$ 285$ 8,903$ 1.5.2 Coordinate with Contractor and City --2 2 --4 4 -----12 2,344$ -$ 28$ 2,372$ 1.5.3 Prepare Record Drawings --2 2 2 -8 8 4 ----26 4,810$ -$ 55$ 4,865$ Task 2.0 Project Management -4 32 ---------6 14 56 12,124$ -$ -$ -$ -$ 12,124$ 2.1 Provide Project Oversight -4 20 ----------24 6,000$ -$ -$ 6,000$ 2.2 Retain Information --2 ---------8 10 1,758$ -$ -$ 1,758$ 2.3 Prepare Monthly Invoices --10 ---------6 6 22 4,366$ -$ -$ 4,366$ Task 3.0 Control Software Development, Startup, and Testing -12 --------42 100 --154 37,610$ -$ -$ -$ 230$ 37,840$ 3.1 Develop SCADA Control Strategy -4 --------2 4 -10 2,522$ -$ 36$ 2,558$ 3.2 Develop PLC Software -----------30 -30 6,990$ -$ -$ 6,990$ 3.3 Develop OI Software -----------16 -16 3,728$ -$ -$ 3,728$ 3.4 Develop HMI Software ----------24 --24 6,360$ -$ -$ 6,360$ 3.5 Attend Control Panel Factory Testing -----------12 -12 2,796$ -$ 33$ 2,829$ 3.6 Attend Field Testing, Startup, and Commissioning -8 --------16 24 -48 11,952$ -$ 98$ 12,050$ 3.7 Update SCADA System O&M Material -----------6 -6 1,398$ -$ 30$ 1,428$ 3.8 Provide SCADA System Training -----------8 -8 1,864$ -$ 33$ 1,897$ 2024 Rate Adjustment Reserve ----------------$ -$ -$ -$ 15,000$ 15,000$ PROJECT TOTAL 2 92 166 116 18 20 138 94 44 12 42 100 6 38 888 194,196$ 5,000$ -$ 5,750$ 20,054$ 220,000$ Z:\Projects\Data\REN\23-0075\00 Contract\PSA_EXH C-2_FEE_West Hill BPS Improvements_SDC_v2.xlsx 4/18/2023 9:06 AM