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HomeMy WebLinkAboutContract 0 CAG-13-220 Cute of►_ PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made as of the 77day of December, 2013, (the "Effective Date"), between the CITY OF RENTON, a non-charter code city organized under RCW 35A and a State of Washington municipal corporation, ("Renton"), and PND Engineers, Inc., ("Consultant") to provide professional engineering services at Riverview Park at 2901 Maple Valley Highway for the design and permitting services for complete replacement of the Riverview Park Bridge, including its support structures, abutments, deck and approaches, utilities, and construction support in Renton, Washington. Renton and Consultant are at times collectively referred to as the "Parties" and the Parties are located and do business at the addresses immediately below which shall be valid for any notice required under this Agreement: CITY OF RENTON: PND ENGINEERS, INC.: Todd Black, ASLA Mike Hartley, P.E. 1055 South Grady Way 1736 4th Ave. S,Suite A Renton,WA 98057-3232 (425)430-6571 Seattle, WA 98134(206) 624-1387 (425)430-6603 (206) 624-1388 tblack @rentonwa.gov mhartley@pndengineers.com 1. TERM. The term of this Agreement shall commence upon the Effective Date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than a Notice to Proceed ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of Renton and Consultant. 2. SERVICES. Consultant shall perform the services more specifically described in "Exhibit A", which is attached and fully incorporated into this Agreement by reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to Renton's satisfaction, within the time period prescribed by Renton and pursuant to the direction of the Mayor or his or her designee. Consultant warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, as required by Renton including the obtaining of a City of Renton business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at Riverview Park Bridge Replacement Professional Services Agreement 1 all times, to inspection by and approval of Renton, but the making (or failure or delay in making) such inspection or approval shall not relieve Consultant of responsibility for performance of the Services in accordance with this Agreement, notwithstanding Renton's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party with thirty (30) calendar days written notice at its address set forth above. Upon a material breach of this Agreement, Renton may terminate this Agreement immediately. In the event of termination after thirty (30) calendar days written notice, Consultant shall be paid for Services performed up to the termination date and accepted as conforming work by Renton, less any costs or expenses incurred by Renton as a result of Consultant's breach of the Agreement. In the event of termination by either party with thirty (30) calendar day notice, and upon payment to Consultant for all Services performed as of the date of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by Consultant shall become Renton's property, and Consultant shall be entitled to receive just and equitable compensation for any work completed on such documents and other materials, unless such documents or materials failed to conform to the Agreement. In the event of a material breach immediate termination by Renton, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by Consultant shall become Renton's property, without an obligation to compensate Consultant. Any costs, losses or expenses related to Renton's mitigation of damages due to damages attributable to Consultant's acts, errors or omissions in the performance of this Agreement,shall be the sole responsibility of Consultant. 4. COMPENSATION. 4.1 Amount. In return for the Services, Renton agrees to pay Consultant an amount not to exceed a maximum amount and according to a rate or method as delineated in "Exhibit B", which is attached and fully incorporated into this Agreement by reference. Consultant agrees that any hourly or flat rate charged by it for its Services contracted for shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in "Exhibit B", the Consultant shall be solely responsible for the payment of any taxes imposed by any jurisdiction or authority as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, Consultant shall submit a voucher or invoice in the form specified by Renton, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. Consultant shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by Renton only after the Services have been performed and within thirty (30) calendar days after receipt and approval by the appropriate city representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, Consultant will correct or modify the work to comply with the Agreement. Renton may withhold payment for such work until the work meets the Agreement requirements. Riverview Park Bridge Replacement Professional Services Agreement 2 4.3 Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, Renton shall not be obligated to make payments for Services requested after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to Renton in the event this provision applies. 4.4 Change Orders. Changes in the Services may be accomplished after execution of the Agreement without invalidating the Agreement by Change Order. A Change Order is a written instrument prepared by Consultant and signed by Renton stating their agreement upon all of the following: 1) change in Services; 2)the amount of the adjustment, if any, in the Contract Sum; and 3) the extent of adjustment, if any in the Contract Time. To recover on a Change Order, as provided for under this Agreement, the Parties must sign and agree to each element of the change. Until Renton signs the Change Order, Consultant may perform the changed work but proceeds at its own risk. 5. INDEMNIFICATION. 5.1 Consultant Indemnification. Consultant agrees to release, indemnify, defend, and hold harmless Renton, its agents, attorneys, elected officials, employees, insurers, 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, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from Consultant's acts, errors or omissions in performance of this Agreement, except for that portion of the claims caused by Renton's sole negligence. 5.2 Construction Indemnity to Real Estate. 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 Consultant and Renton, Consultant's liability shall be only to the extent of Consultant's negligence. Consultant shall ensure that each sub-consultant (of any tier) shall agree to defend and indemnify Renton, its agents, attorneys, elected officials, employees, insurers, officers, representatives, and volunteers to the extent and on the same terms and conditions as Consultant pursuant to this paragraph. Renton's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.3 Industrial Insurance Act Waiver. It is specifically and expressly understood that Consultant waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. Consultant's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs.THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Riverview Park Bridge Replacement Professional Services Agreement 3 5.4 Renton as an Additional-Insured. Consultant agrees to name Renton as an Additional-Insured in the General Liability and Automobile Insurance Policies on a noncontributory primary basis. 5.5 Renton Indemnification. Renton agrees to release, indemnify, defend and hold Consultant, its officers, directors, shareholders, partners, employees, agents, representatives, and sub-contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of Renton. 5.5 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. 6.1 Consultant's Insurance. Consultant shall secure and maintain the following insurance policies, and shall not cancel or suspend the insurance policies identified below, except after twenty (20) calendar day's prior written notice by certified-mail to the City of Renton: 6.1.1. Commercial General Liability Insurance: Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate throughout the duration of this Agreement. 6.172. Workers' Compensation: Workers' compensation coverage, as required by the Industrial Insurance laws of the State of Washington. 6.1.3. Renton as an Additional-Insured: It is agreed that on Consultant's commercial general liability policy and automobile insurance policy, the City of Renton will be named as an Additional-Insured on a primary and non-contributory basis. Any coverage maintained by the City of Renton is solely for the coverage and benefit of Renton, and its elected officials, officers, agents, employees, representatives and volunteers. 6.1.4. Verification of Coverage: Subject to Renton's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to Renton before executing the work of this Agreement. 6.1.5 Professional Liability Insurance: Professional liability insurance, in the minimum amount of $1,000,000 for each occurrence, shall also be secured for any professional services being provided to Renton that are excluded in the commercial general liability insurance. Riverview Park Bridge Replacement Professional Services Agreement 4 6.1.6 Automobile Liability insurance: With a minimum combined single limit for bodily injury and property damage of $1,000,000 for each accident. This is required of all Consultant and professional service providers where a vehicle will be used on the contract. Renton may request a copy of Consultant's driving record abstract. "Consultant" in this Subsection shall mean the Consultant providing professional services, as well as the consultant's agents, employees, representatives, and/or volunteers who may operate a motor vehicle in relation to any Service to be provided under this Agreement. 6.2 Review of Policy: Upon request, the Consultant shall give Renton a full copy of the insurance policy for its records and for the Renton City Attorney's or Risk Manager's review. The policy limits may be reviewed and the value reassessed. 6.3 Termination: Notwithstanding any other provision of this Agreement, the failure of Consultant to comply with the above provisions of this section shall subject this Agreement to immediate termination without notice to any person in order to protect the public interest. 7. CONFIDENTIALITY. All information regarding Renton, which is not otherwise information that is in the public domain, obtained by Consultant in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by Consultant may be grounds for immediate termination. All records submitted by Renton to Consultant will be safeguarded by Consultant. Consultant will fully cooperate with Renton in identifying, assembling, and providing records in case of any public records disclosure request is made to Renton during the period of performance under this Agreement. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Consultant while performing the work shall belong to the City of Renton upon delivery. Consultant shall make such data, documents, and files available to Renton and shall deliver all needed or contracted for work product upon Renton's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Consultant shall be delivered to Renton. 9. BOOKS AND RECORDS. Consultant agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by Renton to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to audit, copy, inspect, or review by Renton, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. Consultant also agrees to require each of its subcontractors, agents, representatives to also maintain their records and make them reasonably available for audit, copying, inspection,or review as required in this section. 10. INDEPENDENT CONTRACTOR. The Parties intend to create an Independent Consultant-Employer Riverview Park Bridge Replacement Professional Services Agreement 5 Relationship and that the Consultant has the ability to control and direct the performance and details of its work, Renton being interested only in the results obtained under this Agreement. Renton shall be neither liable nor obligated to pay Consultant or its employees, agents, subcontractors, contract workers, etc., sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, contract workers and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Consultant shall pay all income and other taxes due except as specifically provided in Section 4 (Compensation). Industrial or any other insurance that is purchased for the benefit of Renton, regardless of whether such may provide a secondary or incidental benefit to Consultant, shall not be deemed to convert this Agreement to an employment contract. If Consultant is a sole proprietorship or if this Agreement is with an individual, Consultant agrees to notify Renton and complete any required form if Consultant retired under a State of Washington retirement system and agrees to indemnify any losses Renton may sustain through Consultant's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Consultant may or will be performing professional services during the term for other parties; however, such performance of other services shall not conflict with or interfere with Consultant's ability to perform the Services. Consultant agrees to resolve any such conflicts of interest in favor of Renton. Consultant 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 the Consultant's selection, negotiation, drafting, signing, administration, or evaluating the Consultant's performance. 12. NON-DISCRIMINATION AND COMPLIANCE WITH ALL APPLICABLE LAWS. Consultant shall comply with and shall not violate any of the terms of Chapter 49.60 RCW,Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. Except to the extent permitted by a bona-fide occupational qualification, the Consultant agrees as follows: Consultant will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, sexual orientation, physical sensory or mental handicaps or marital status. 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. Consultant will in all solicitations for employee's job orders placed with any employment agency or Riverview Park Bridge Replacement Professional Services Agreement 6 other firm or agency, state that all qualified applicants will receive consideration for employment without - regard for race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. The words "equal opportunity employer" in advertisements shall constitute compliance with this paragraph. Consultant will include the provisions of the foregoing paragraphs in every subcontract or purchase order for the goods or services which are subject matter of this contract. In the event of non-compliance by Consultant with any of the non-discrimination provisions of the contract, the Owner shall have the right, at its option, to cancel the contract in whole or in part, without penalty. If the Agreement is canceled based on non-compliance with this section of the Agreement after partial performance, Renton shall be obligated to pay the fair market value or the contract price, whichever is lower, for good or services which have been received and accepted. Consultant is solely responsible for knowledge of and 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 and worker's compensation. Renton requires all businesses and individuals doing business in Renton to have and maintain a valid City of Renton business license. (For Renton licensing information call 425-430-6851). 13. GENERAL PROVISIONS. 13.1 Arbitration. None. 13.2 Assignment. The Parties may not assign any portion of this Agreement without the non-assigning party's written consent, and any assignment in violation of this provision shall be void. If the non- assigning party gives its written consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 13.3 Assigns and Successors. Renton and the Consultant each binds itself, its 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. 13.4 Attorney's or Attorneys' Fees. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its own legal costs and attorneys' fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Choice of Law and Venue. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, venue, rules and jurisdiction shall be in the King County Superior Court, King County, Washington. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King Riverview Park Bridge Replacement Professional Services Agreement 7 County,Washington and waives any objection that such courts are an inconvenient forum. 13.6 Compliance with Laws. Consultant agrees to comply with all applicable federal, state, and municipal laws, rules, regulations, or guidelines that exist or come into existence related to this Agreement or accruing out of the performance of the Terms of this Agreement. If applicable federal, state, and municipal laws, rules regulations, or guidelines change during the period of this contract, the Parties shall amend the Agreement to reflect any and all necessary changes to the scope of the Consultant's work. 13.7 Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, this Agreement shall prevail. 13.8 Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 13.9 Ethics Violation. If a violation of Renton's Code of Ethics 100-07, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at Renton's option. 13.10 Event of Force Majeure. A party shall not be in breach of this Agreement as a result of such party's failure to perform its obligations under this Agreement, other than the obligation to pay a monetary obligation when due and owing, when such failure is due to an Event of Force Majeure, to the extent that such party, despite the exercise of reasonable due diligence, is unable to remove such Event of Force Majeure. Any party subject to an Event of Force Majeure that may impair its performance under this Agreement shall notify the other party as soon as practicable. Any party subject to an Event of Force Majeure shall be excused from performance under this Agreement only for the duration-of and to the extent of the Event of Force Majeure. Any party subject to an Event of Force Majeure shall exercise reasonable due diligence to remove the Event of Force Majeure. As used in this Agreement, "Event of Force Majeure" means any event or circumstance (or combination of the same) and the continuing effects of any such event or circumstance (whether or not such event or circumstance was foreseeable or foreseen by the Parties) that delays or prevents performance by a party of any of its obligations under this Agreement, but only to the extent that and for so long as: a. the event or circumstance is beyond the reasonable control of the affected party; b. despite the exercise of reasonable diligence, the event or circumstance cannot be prevented, avoided or stopped by the affected party; and C. the affected Party has taken all commercially reasonable measures to avoid the effect of the event or circumstance on the affected Party's ability to perform its obligations under this Agreement and to mitigate the consequences of the event. An Event of Force Majeure shall include the following, to the extent also satisfying the criteria specified above: Riverview Park Bridge Replacement Professional Services Agreement 8 a. flood, earthquake, drought, climate change, storm, fire, lightning and other natural catastrophes; b. acts of public enemies, armed conflicts, acts of foreign enemies, acts of terrorism (whether domestic or foreign, state-sponsored or otherwise), war (whether declared or undeclared), blockade, insurrection, riot, civil disturbance, revolution or sabotage; C. any form of compulsory government acquisition or condemnation or change in applicable law that affect the performance of the Parties'obligations under this Agreement; d. accidents or other casualty, damage, loss or delay during transportation, explosions, fire, epidemics, quarantines or criminal acts that affect the performance of the Parties' obligations under this Agreement; e. labor disturbances, stoppages, strikes, lock-outs or other industrial actions affecting the Parties or any of their Consultants, sub-consultants(of any tier), agents or employees; and f. inability, after the use of commercially reasonable efforts, to obtain any consent or approval from any governmental authority that affects the performance of the Parties' obligations under this Agreement. Notwithstanding the foregoing, the insufficiency of funds,the financial inability to perform or changes in such party's cost of performing its obligations under this Agreement shall not constitute an Event of Force Majeure, and neither party may raise a claim for relief, in whole or in part, in connection with such event or circumstance. 13.11 Execution. The individuals executing this Agreement on behalf of Renton and Consultant, respectively, represent and warrant that each individual is duly authorized to execute and deliver this Agreement on behalf of the party they represent. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if the Parties to this Agreement had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. 13.12 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision of this Agreement and such other provisions shall remain in full force and effect. Any act done by either party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the Riverview Park Bridge Replacement Professional Services Agreement 9 terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.13 Mediation. Mediation shall be before a neutral mediator mutually selected by the Parties. 13.14 Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by each party's duly authorized representative. 13.15 Notices. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to Renton at law, in equity or by statute. 13.16 No Waiver. Neither the final certificate of payment nor any provision in the Agreement nor partial or entire use of any installation provided for by this Agreement shall relieve the Consultant of liability in respect to any warranties or responsibility for faulty materials or workmanship. The Consultant shall be under the duty to remedy any defects in the work and pay for any damage to other work resulting therefrom which shall appear within the period of one(1)year from the date of final acceptance of the work, unless a longer period is specified. Renton will give notice of observed defects to Consultant promptly after discovery, and Consultant shall be obligated to take immediate steps to correct and remedy any such defect,fault or breach at the sole cost and expense of Consultant. Renton's failure to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in any instance(s) shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. 13.17 Public Document/Public Disclosure. This Agreement may be considered a public document and will be available for reasonable inspection and copying by the public during regular business hours, pursuant to RCW 42.56(Public records act). 13.18 Remedies. Any remedies provided for in this Agreement are non-exclusive, and shall be cumulative with all other remedies available to Renton at law, in equity, or by statutes, unless specifically waived in this Agreement or in a subsequent signed document signed by Renton's authorized representative. 13.19 Singular, Plural and Gender. Whenever required by the context of Agreement, the singular shall include the plural and the plural shall include the singular. The masculine, feminine and neuter genders shall each include the other. 13.20 Sole and Entire Agreement.This Agreement is the entire agreement between the Parties and any representations or understandings, whether oral or written, not incorporated by reference into this Agreement are excluded. Riverview Park Bridge Replacement Professional Services Agreement 10 13.21 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 Services is essential to the Consultant's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. 13.22 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 Renton and Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Renton and Consultant and no one else. 13.23 Written Notice. All communications regarding this Agreement shall be sent to the Parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be specified by the recipient party in writing. IN WITNESS,the Parties execute this Agreement as of the Effectiv Date written above. CI F RENTON ATTEST: D nis taw, Mayor Jason Yeth teputy City Clerk DATE APPROVED AS TO FORM: Larry Warren,City Attorney PND ENGINEERS, INC. By: ,s Printed ame: Title: DATE: Riverview Park Bridge Replacement Professional Services Agreement 11 Corporate: STATE OF WASHINGTON ss. COUNTY OF On this day personally appeared before me i�' . �3� , to me known to be the ,PK61. �!�' _that, 21,t��% �'� executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this Q 0'4A- day of C.1°►►.t��ir , 20_1-3 Y if Notary's signature t f r y ' Notary's printed na0 e ' "S Std' Notary Public in and fol4e State of Washington. My commission expires W1 jq f DDI- 'SHIN Riverview Park Bridge Replacement Professional Services Agreement—Notary Sheet EXHIBIT A SERVICES Consultant will provide professional engineering services for design and permitting services for complete replacement of the support structures, abutments, deck and approaches, utilities, and construction support for the Riverview Park Bridge across the Cedar River. Reference PND's Exhibit A-Scope of Work, dated October 11, 2013, revised November 21, 2013. Riverview Park Bridge Replacement Professional Services Agreement—Exhibit A EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, Renton shall pay Consultant an amount not to exceed One Hundred Ninety-Six Thousand Nine Hundred Twenty-Three and 20/100 Dollars ($196,923.20), including Washington State Sales Tax. 2. Method of Compensation: Time and Materials to a Budget Maximum: In consideration of the Consultant performing the Services, Renton agrees to pay Consultant an amount calculated on the basis of the hourly labor charge rate schedule for Consultant's personnel as shown below: Riverview Park Bridge Replacement Professional Services Agreement—Exhibit B o$ ` rooc r 666 oo • ei QoN N atq'1r o m omo�,mb"N� h N yi •� r. .'.' �Q Q n W a N n F°x INN 0 0 N U y N O O p F N WOW w 7+ rn N Yp' N (s� o � FN. ,..•::H.;.. C ao N N N <� O W b N V °i q�R p%. F Wi u F f- a 9 y a 1,81 3a o 'g g •�° O �23 '19 -e t lYL18 ;• F �o F � �c�`a Yd. y z ce a<aaciri W U x R Ed o O ^ N w m o F z P] a v I EN61NTEERS,.1N(I PND ENGINEERS, INC STANDARD RATE SCHEDULE EFFECTIVE MAY 2013 Professional: Senior Engineer VII $180.00 Senior Engineer VI $165.00 Senior Engineer V $150.00 Senior Engineer N $140.00 Senior Engineer III $130.00 Senior Engineer II $120.00 Senior Engineer I $110.00 Staff Engineer V $105.00 Staff Engineer IV $100.00 Staff Engineer III $95.00 Staff Engineer II $90.00 Staff Engineer I $85.00 Senior Scientist $110.00 Senior Environmental Scientist $105.00 Environmental Scientist $90.00 GIS Specialist $90.00 Surveyors: Senior Land Surveyor $105.00 Land Surveyor I $95.00 Technicians: Technician VI $125.00 Technician V $105.00 Technician IV $90.00 Technician III $80.00 Technician II $70.00 Technician I $45.00 CAD Designer V $95.00 CAD Designer N $85.00 CAD Designer III $70.00 . * I EXHIBIT A-SCOPE OF WORK Riverview Bridge Replacement Engineering and Permitting Services October 11,2013 PACKAGE REVISED November 21,2013 (A) SCOPE OF SERVICES: INTRODUCTION This scope of work describes engineering, permitting and landscape architecture services associated with replacement of the Riverview Park Bridge at 2901 Maple Valley Highway in the City of Renton, Washington. This scope includes design and permitting services for complete replacement of the support structures, abutments,deck and approaches,utilities,and construction support as further described below. PND's work will be based on drawings,grant funding and background information provided by City of Renton Parks Planning and Natural Resources (Client). Services provided as part of this scope are summarized below and a more detailed description is included in the task summaries. Permitting services are limited to those described herein. PND proposes to perform this work on a time and materials basis for a maximum fee of$196,923. The fees shown are estimates and actual fees and expenses including mark-up will be submitted monthly for invoicing. SCOPE OF WORK TASK 1. Preliminary Engineering PND will start this work effort by obtaining the field information necessary to establish the desired horizontal alignment and grade and will be supported by the following consultants: • PND will sub-contract with APS to perform field surveys(See the attached SOW and proposed fee from APS). • PND will sub-contract with Pentec-Hart Crowser for the BE, Stream Assessment, and permit support (See the attached SOW and proposed fee from Pentec-Hart Crowser). • PND will sub-contract with MacLeod Reckord to assist with landscaping for the project (See the attached SOW and proposed fee from MacLeod Reckord.) • PND will contract with a separate company,also known as Applied Professional Services (APS)that will perform private utility locate services. PND will then utilize the survey information as the background for the base sheets for the project drawings. A geotechnical investigation will be conducted hiring a local drill company. A PND geotechnical engineer will log the boreholes gathering soil information for the design. One(1)borehole will be drilled,logged and assessed at each abutment location (2 holes total) and summarized in a Geotechnical Report to assist in the selection of © I © I 0 1 October 10,2013 ENGINEERS,INC. Scope of Work Riverview Bridge Replacement:Engineering&Permitting Services the foundation design for the new structure. The drilling investigation will be conducted using mud rotary drilling techniques. Drilling will be conducted to a maximum depth of 75 feet with sampling at 5-foot intervals to 50 feet and 10 foot intervals below 50 feet. Samples will be taken using split spoon sampling procedures to obtain disturbed samples. If soft soils are encountered Shelby tube samples will be used to obtain relatively undisturbed samples. Representative samples will be tested for general soil index properties. If soft cohesive soils are encountered shear strengths will be assessed as part of the field or laboratory testing program. It is anticipated that a spread footing,a pile footing or perhaps a rock anchor footing could be utilized,depending on the existing conditions at the site. PND will use APS utility locate service to confirm the location of utilities prior to drilling and will also contact the statewide utility location service prior to drilling. The drill firm will submit the necessary state forms prior to drilling. All cuttings will be disposed of in a 55-gallon sealed barrel and transmitted to a legal upland disposal site. Holes will be sealed with Bentonite Gel and Enviroplug grout or bentonite pellets at the completion of drilling to ensure cross contamination of underground aquifers does not occur. PND will develop the Plans to a 30%design level for the replacement truss-system bridge utilizing the surveying and geotechnical information. This will be sufficient to estimate project budgets,major construction elements and move forward with permitting documents. Permit documents include the DARPA,SEPA/NEPA,Biological Assessment,Shorelines and Building permit applications. The preliminary design Plans will also include the necessary site/civil improvements required to complement the installation of the new bridge. These include relocation or reattachment of the utilities that are attached to the current bridge, decommissioning of utilities and their supports if no longer required (excluding the adjacent electrical pole) and landscaping features to integrate the new construction. The design will also evaluate the demolition requirements to the bridge;and impacts to shore protection and need for any added shore protection. TASK 2. Permit and Review Services PND will-act as the agent for the Client in preparing,submitting and coordinating responses to review comments. This scope and budget includes preparation of responses and additional information for a single round of comments/information requests by each agency. Additional studies and/or evaluations beyond those outlined in this scope are not anticipated or included. Specifically,this task includes the following: A. Permit Pre-Application Coordination.The location and replacement nature of this project may allow for exemptions from certain permits. In order to confirm exemption status, PND will coordinate with the various agencies prior to submittal for any permits.This includes one pre-application meeting with the City of Renton Community and Economic Development Department. B. JARPA Package. PND will prepare permit documents and application for submittal of a Joint Aquatic Resources Project Application QARPA). Permit application and drawings will be based on the information provided by Client. The permitting effort includes preparation and coordination of application form, drawings,and support documentation required for intake. This task includes the following: 1. Hydraulic Project Approval (HPA) permit from the Washington Department of Fish & Wildlife (WDFW) application will be made with the JARPA application and drawings. Please note that WDFW will not commence review until issuance of SEPA determination.Pentec-Hart Crowser will provide assistance in negotiating work windows with regard to presence of federally and state listed species in the Cedar River. 2. U.S.Army Corps of Engineers Permit(s). Initial conversations with the Corps(Lori Lull,April 2012) indicate that the bridge site is beyond Section 10 jurisdictional boundaries. A Section 404 permit may be required depending on the final design location of the abutments and whether any material will be removed or placed below Ordinary High Water.Therefore,included in this scope is submittal of the JARPA application to the Corps for Section 404 review. It is anticipated that consultation © I ® ( © 2 of 6 October 11,2013 REVISED NOVEMBER 21,2013 L\GINEERS,Ii;C. II Scope of Work Riverview Bridge Replacement:Engineering&Permitting Services with the federal services with regard to the Endangered Species Act will be required. A Biological Evaluation(BE) for impacts to listed species and their habitat will be prepared. 3. Biological Evaluation. PND will subcontract with Pentec-Hart Crowser to prepare a BE for Section 7 Endangered Species Act(ESA)consultation as required for federal permitting if it is required.The BE is also required for the SEPA review by the City as described below. 4. Department of Natural Resources (DNR). Coordination with DNR may be necessary regarding work within State waters. DNR will be included in the JARPA distribution. C. City of Renton Permits. PND will prepare permit documents and application for submittal to the City of Renton for Land Use and Building permits. This effort includes preparation and coordination of application forms,drawings,and support documentation required for intake. Based on preliminary conversations with Laureen Nicolee and Jennifer Henning in April 2012,and subsequent conversation with Vanessa Dolbee in August 2013,the project may be exempt from certain Land Use and Environmental permits. This task includes the following: 1. State Environmental Policy Act (SEPA) checklist will be prepared for submittal to the City of Renton.Task includes preparation of a complete application package including SEPA checklist and supporting documentation. The BE prepared under item B.3 above will also be part of the SEPA review package. 2. Shoreline Permit Exemption request will be submitted to the City of Renton.However,in the event that a Shoreline Substantial Development permit is deemed necessary by the City, included in this scope is a complete application package including drawings and supporting documentation. 3. Critical Areas review will be required. The City's review requires preparation and submittal of a stream study which will be prepared by Pentec-Hart Crowser. It is assumed that the Geotechnical Report prepared under Task 1 will be sufficient to meet the City's requirement for a steep slope analysis. 4. Building Permit submittal will be made based on the engineering design.plans per Task 3. This submittal will include grading and structural plans sufficient for City for review. If necessary, Grading permit review would be included as part of the Building Permit review. D. Processing, Coordination and Responding to Comments: PND's team will coordinate with City,State and Federal staff on all documentation throughout the process. Scope includes responding to one round of comments from each agency. TASK 3. Final Engineering Design. Upon receiving approval of the Preliminary Design and initial feedback from the agencies, PND will continue with this task of final design. PND,with assistance from MacLeod Reckord, will develop a complete set of construction drawings (General Notes and Specifications to be included on the Plan Set) accompanied by an Engineer's construction cost estimate for final approval by the City. Interim updates will be provided at 60%, 90% & 100% design levels to document project progress and conformity with the City's desires. At the conclusion of this task,a set of Project Calculations and Supporting Soils report will also be provided. TASK 4. Construction Bidding,Inspection and Administration Services. © ( ® I © 3 of 6 October 11,2013 REVISED NOVEMBER 21,2013 ENGINHERS,INC. I Scope of Work Riverview Bridge Replacement:Engineering&Permitting Services Upon acceptance of the final construction drawings,PND will assist the City with the development of the Bid Manual. PND will be responsible for providing any additional project technical specifications and bid description items for inclusion into the Project Bid Manual as developed by the City. After the bids have been received,PND will assist the City with review of the bids and provide a recommendation as requested. It is our understanding that the City will provide Construction Administration for the project. After bid award, PND will assist the City with the Administration Support, Submittal Review and Inspection services. At this time PND estimates this work to include the following work items: 1. Pre-construction meeting 2. Project Submittal reviews 3. Fabrication Inspection of Bridge Components 4. Periodic Site Inspections (6 total) a. North Abutment b. South Abutment c. Bridge Structure Installation d. Bridge Components e. Project Overview f. Final Punch List Items ASSUMPTIONS The following are assumptions made in preparing the scope of work and fee estimate: I 1. The proposed work does not include expansion of the existing footprint of the bridge's overwater coverage and assumes no support structures will be built in the riverbed. 2. Site and project information will be provided by others in electronic format and in a timely and thorough manner in order to allow PND to conduct and complete its work efficiently. 3. Client is responsible for all permit fees. 4. Property ownership, including submerged lands affected by the proposed work, allows the proposed project. 5. The Geotechnical Report will be sufficient to serve as a Steep Slope Analysis required for the City's Critical Areas review. 6. Periodic inspections will be performed during the project. If additional inspections are required or requested by the City this work will be covered by written amendment. 7. The City will provide ownership information in order to prepare a"Start Card"that must be submitted to the State of Washington prior to the start of drilling. PND will prepare the application form and the driller will submit to the State of Washington prior to the start of drilling. 8. PND will provide necessary pdf copies of the PS&E documents, permits, reports, and supporting documentation by electronic files only. PND will also provide original Autocad files at the Clients request. 9. PND will use our standard rate schedule to invoice actual costs for labor. Costs for Subconsultant work will be billed at cost plus 10 percent mark-up. 10. Maximum fees will not be exceeded without the written approval of the City. © ( ® I © 4 of 6 October 11,2013 REVISED NOVEMBER 21,2013 E\GI\EERS.INC. Scope of Work Riverview Bridge Replacement:Engineering&Permitting Services EXCLUSIONS PND excludes the following items from their scope of work: 1. All items not listed as included above in scope of work or in the attached statement of work activities provided in the attached Subconsultant documentation. 2. Separate mitigation and habitat restoration design plan, installation plan, or monitoring plans not mentioned above or included in MacLeod Reckord scope. 3. NEPA documentation is not included as part of this scope. 4. Section 106 survey,report and consultation coordination is not included in this scope. 5. Electrical design or construction work. 6. Removal/ decommissioning of any electrical lines or associated structures. 7. Fees for preparation of printed copies of bid documents. It is assumed all external fees other than those included in the cost estimated are not covered as part of this work. CLIENT-PROVIDED INFORMATION The Client shall provide to PND the following items: 1. Existing information on current site conditions and other available data which will assist in preparation of permit drawings. 2. Ownership information including legal descriptions for the property for completion of necessary"Start Card"to submit to the State of Washington prior to the start of drilling. 3. Access will be provided to the property as necessary. DELIVERABLES Description Deliverable Preliminary Engineering Design (1) Draft 11x17 PDF Copy and PDF geotechnical report JARPA Permit Drawings and Application 1 8.5x11 PDF Copy City Permit Package 1 various sizes,PDF Copy Final Construction Drawings,Soils Report, (1) 11x17 PDF Copy for Drawings Engineering Calculation Package 1 various sizes,PDF Copy for Final Reports Bid-Ready Plans&Specifications (1)Hard Copy of Plans and Specs, (1)PDF Copy Construction Inspection Reports 8.5x11 PDF Copies SCHEDULE Following confirmation of this agreement by the Client, PND agrees to perform the above-described services and to diligently pursue the project and make every reasonable effort to finish all items in a timely manner. Attached is a proposed schedule for the project.PND may refine this schedule based on further discussion with the reviewing agencies and City. Time frame may vary depending on agency response and issuance of SEPA and Shorelines Exemptions determination by the City. A preliminary schedule for completion of the work is attached. PERSONNEL © I ® ( © 5 of 6 October 11,2013 REVISED NOVEMBER 21,2013 8\Glt£CRS.INC. Scope of Work Riverview Bridge Replacement:Engineering&Permitting Services PND's key personnel for the project include: • Mike Hartley,Principal-in-Charge and QA review, Engineer of Record • Laura Gurley,Project Manager • Mitchell Berg, Bridge Design FEES PND will provide these services on a time and materials basis for a maximum budget of$196,923 as detailed in the cost proposal. Work will be performed according to the attached rate schedule. I I ® I ® I © 6 of 6 October 11,2013 REVISED NOVEMBER 21,2013 GNGIAFERS,INC. i o � Z N W O e N N N d � H M M N 47 m J N Q N H ul N rl T N O � N N --� N N M � n m N n H ' O N N N C fl CL a N N H v n h m N N m O a M N N m J b n 01 N N N 0a J � N d N N IN 7 N � O N N C p a m N H of � N N H of y N LL � N 61 N C N m � al N N N N a .y O a � N N M N N > N Z m n N N N N N r N N '+ C Y H J J O C al C al u m CL m c o c a u eD 3 - o � c m m � DOD v W o v 'E v v - Z V - m E v £ L 0 c Y u 3 E a s s w o o n CL v o V ^ m \ w u u e2{ o c a o 0 W w w °1 c J o otJ �_ ' c o- '- 3 u � aJ r L N •� Z H c \ C O O w C m O L C a) O O O Y+ \ OD C to mC C O U1 E 3 c a c m v v c m - o u Q co o r ar v m v °- a v °n c m m v v m U c = = 3 E m 0 C ( 1 O U T N O 3 N 3 fl. .�� 0 00 pCp Ul N O E E \ 0 7 48 0O_D O O V d 0 O m N \ m N Vl '6 'O .�.. u U N C "6 m m o C to N > m o v y W c °- c " - w w c E Z > c c c v° °o o u 3 o ° c o D °- ? o O •00 u K E aa)i O. .O Q is 'O V 'o •y m 'O v m w — C Y c d — f`0 L �+ V al C C `/ U1 QI N .O OD O V O = m i O c /�/ �++ p ° r c m v 'oD m m E o c c c L w au m 3 o m - o „ o T Li Y a0-. O. a/ O •� O al 'pD '� •� •� m U c m C w w E •O C al N Z 'o v 0) p 0 w` o m �' �' c v c c c :o ° o o - m CU 0 o v V a C, 1- U M to H C7 d �n m in U U w• d III m V in a O m U .0 1 SURVEY & MAPPING Bringing the world to your desk August 21,2013 Laura Gurley Environmental Sciencist PINID Engineers, Inc. 811 First Avenue, Suite 570 Seattle, WA 98104 Phone 206.624.1387 Cell 206.450.2617 lgurleyApndengineers.com Re: Design Survey for the Riverview Park Bridge Project SW '/ of Section 16, T23N,R05E,Renton,WA David: In response to your request for proposal for the Riverview Park Bridge project,I submit the following: Scope-of-Work A. Based on the Title Report furnished to us by the City of Renton,APS Survey&Mapping will determine and map the North-Northeasterly boundary line of the Park as it passes through the areas referenced as the "Project Limits" on the Project Location Map. B. APS will create a topographic survey of the"Project Limits"lying North-Northeast of the Cedar River (a irregular area approximately 525 feet long and encompassing ±0.5 acres) and the Limits lying South-Southwest of the Cedar River (a irregular area approximately 1000 feet long and encompassing ±1.3 acres).The survey and mapping specifications follow: 1. The mapping limits abutting the Cedar River will consist of one observation on the "edge of vegetation" and a rod shot to the bottom of the Cedar River approximately 1- foot into the River. 2. The mapping will be based on Washington State Plane Coordinates,North Zone, expressed in US Survey Feet as derived from NAD83/07 data and NAVD88/07 vertical datum. 3. The drawing will be at a scale of 1"=50'and will reflex 1-foot contour intervals. Spot Elevations will be mapped at approximately 50-foot intervals. 4. The survey will outline areas of vegetation such as bushes and trees. Those trees equal to or larger than 6 inches in diameter at chest height will be observed and mapped individually;indicating the size and type of tree. Our surveyors are not dendrologists, but will make an educated guess as to the colloquial name of the trees. 5. APS Survey&Mapping will not be entering into the Cedar River and will not be conducting a hydrographic survey of the site. 6. APS will locate visible utilities within the Site area. We will not be hirin g a subsurface utility locate company as part of this survey. We will not be entering into any manholes or subsurface structures. 13221 SE 26"Street,Suite A•Bellevue,WA 98005•Tel:(425)746-3200•Fax: (425)746-3342•www.apssm.com • APS Survey&Mapping August 21,2013 Page 2 7. Though APS will be showing the Parks Property line as it passes through the area,we will not be setting corners. 8. APS Survey&Mapping will have unrestricted access to the site. C. The final deliverables will be one set of bond copies of the survey and a disk containing the AutoDESK dwg file and a Adobe pdf file of the drawing. Prior to beginning the survey, APS will need to be instructed to do all the mapping in 3D [internally]; otherwise all the mapping will be in standard AutoDESK 2D format [internally]. Cost Estimate: Establish Control 8 hours x 2 person crew= $1,216 Uplands Topography=24 hours x 2 people= $3,648 Note reduction and AutoDESK 2011 Mapping =30 hours= $2,640 Project Management and review= 10 hours x a Professional Land Surveyor=$995 Total Lump Sum Cost for Site=$8,499 Schedule APS will mobilize within 2 working days of Notice-to-Proceed and complete the mapping within 9 workings days If you have questions or concerns please call me at 425 746 3200. Sincerely, APS Survey and Mapping Tyler J. Sweet, PLS President i I I I 13221 SE 26"Street,Suite A•Bellevue,WA 98005•Tel:(425)746-3200•Fax: (425)746-3342•www.apssm.com CROWSER wv w hartcromer com MW October 15, 2013 Laura Gurley PND Engineers, Inc. 1736 Fourth Avenue S, Suite A Seattle, WA 98134 Re: Scope of Work and Cost Estimate for Biological Evaluation, Stream Assessment, and Permitting Support— Riverview Park Bridge Replacement Project 14-4-1600-009 Dear Laura: We are pleased to provide you with our proposed scope of work and cost estimate for preparing a biological evaluation, stream assessment, and providing permitting support for the construction of the City of Renton's Riverview Park Bridge Replacement project. The project will be constructed on the Cedar River, located in Renton, King County, Washington. Since this project crosses a stream with Endangered Species Act (ESA)-listed salmonids and may impact sensitive stream and riparian habitats, these studies and tasks are necessary to obtain all necessary environmental permits. SCOPE OF WORK Costs associated with preparing the proposed biological evaluation, stream assessment, and permitting support can be broken down into the following tasks. Task 1 —Biological Evaluation A Biological Evaluation (BE) will be prepared and submitted to the appropriate agencies in order to obtain necessary permits and ESA concurrence. The BE will be prepared using the latest US Army Corps of Engineers (USACE) guidance and templates. The document will provide: ■ A detailed project description narrative and engineering drawings; ■ Determination of an action area that encompasses all potential project-related effects; ■ Information and data on the presence and use of ESA-listed species within the project and action areas; ■ Description of baseline habitats and existing conditions within the action area; 120 Third Avenue South,Suite 110 Edmonds,Washington 98020-8411 Fax 425.778.9417 Tel 425.775.4682 • PND Engineers 14-4-1600-009 October 15, 2013 Page 2 • Effects analyses for all project components and all ESA-listed species; • An effects determination for all ESA-listed and proposed species by NOAA Fisheries and the US Fish and Wildlife Service (the Services); • An analysis of the potential effects to existing and proposed critical habitat designations in the study area; and • An evaluation of Essential Fish Habitat, an additional requirement of NOAA Fisheries. We will respond to two rounds of comments, typically one round from the USACE and another from the Services. We will.rely on PND Engineers to provide all engineering drawings; construction methods, sequencing, and best management practices; and volume and area calculations for construction materials and staging areas. It is our understanding that the location and replacement nature of the project may allow for exemptions from certain permits. If a BE is not required, it is likely that much of the information, data, and analyses will be necessary for the permitting process. In this case, we will work closely with PND and the regulatory agencies to tailor required information, data, and analyses to fit the needs of the regulatory agencies. If a BE is not required, this task will be combined with Task.3 (Permitting Assistance) to provide permitting support to PND, as required. Estimated Cost for Task 1: $7,500 Task 2— Stream Assessment Hart Crowser biologists will complete a site visit to observe and characterize the Cedar River and associated riparian zone including fish and wildlife habitat conservation areas, sensitive fish habitats (spawning and rearing areas), vegetation, wetlands, stream banks, and existing slopes within 300 feet of the project footprint. The ordinary high water mark within the project area will be determined and flagged. Prior to our site visit, we will review existing reports and studies, ESA/state priority species/sensitive/high-quality documented species and habitats, aerial photographs, local/regional management plans, and other relevant and readily accessible information. We will also identify the specific requirements of a Stream Assessment Report as outlined in the Renton Municipal Code. AM �r PND Engineers 14-4-1600-009 October 15, 2013 Page 3 Following our site visit, we will prepare a Stream Assessment that meets the requirements of the Renton Municipal Code. We anticipate that our stream assessment will cover the following: • Observed stream and fish habitats, documented and potential fish use, and critical areas and their classification within the action area; • Characterization of riparian and wetland habitats associated with the Cedar River in the project and action areas; • Qualitative steep slope analysis; • Regulatory requirements for identified sensitive or critical habitats; and • Potential impacts of the project to stream, wetland, and associated riparian habitats. Existing survey or base maps, figures, and project information will also be used to produce a habitat map of stream and sensitive habitats in the project and action areas using our in-house, computer- aided design capabilities. Our document will serve as a Stream Assessment submittal to local and possibly state and federal regulatory agencies, and for use in providing sensitive habitat information and data for the permitting process. We will respond to two rounds of comments from each agency to finalize the document. The scope of this stream assessment does not include quantitative steep slope or geotechnical analyses. If such.an assessment is necessary, a separate scope of work will be prepared for this work. Estimated Cost for Task 2: $6,500 Task 3—Permitting Assistance We will provide PND with permitting assistance and will work with the USACE, the Services, and state and local agencies to identify environmental and regulatory constraints and opportunities for streamlining the permit process for the project. This will include evaluating the possibility of exemptions from permit process requirements resulting from maintenance or repair exclusions and negotiating with regulatory agencies to achieve the most favorable permitting situation for the A PND Engineers 14-4-1600-009 October 15, 2013 Page 4 project. We will use the analyses from the BE, stream assessment, and professional judgment to determine and negotiate with agency personnel appropriate and cost-effective conservation measures, work windows, and other actions to meet permitting and City of Renton requirements. It is anticipated that several meetings with agency personnel may be required to obtain the necessary permits in a timely fashion. For this task, we have budgeted a conservative three meetings at PND, the site, or the agency of interest, and associated agency correspondence. If additional meetings or correspondence are necessary, we will request a change order and will not conduct additional work until authorization is received. Estimated Cost for Task 3: $3,000 TOTAL ESTIMATED COST AND TERMS The total estimated cost for the preparation of the proposed work as described will be $17,000. We will not exceed this cost estimate without your prior agreement and written authorization. The scope of work outlined above will be billed on a time-and-materials basis. In-house laboratory services and field equipment rental and supplies will be billed in accordance with our Schedule of Laboratory and Field Charges (available upon request). Our services will be performed in accordance with the standard of care of our profession. The attached Terms and Conditions and any other exhibits or attachments referenced herein, are incorporated into our agreement with you, and, by your authorization to proceed, you are agreeing to these Terms and Conditions. CONTRACT EXECUTION Please acknowledge your acceptance of this work by having this letter agreement properly signed and returning a signed copy to us. Any changes to our agreement must be in writing and mutually agreed to. We intend to use the attached example Contract Change form to effectively implement and document any changes. We suggest that any future work done for you be completed as an amendment to this contract. i I MacLeod Reckord Landscape Architecture ■ Planning ■ Urban Design Daily Journal of Commerce Building 83 Columbia Street Seattle,Washington 98104 P 206-323-7919 F 206-323-9242 Renton Riverview Scope of Work November 6, 2013 Landscape Architecture MacLeod Reckord will provide landscape architecture services for the project, including new enhancement and restoration planting. Planting areas include riverside banks and adjacent disturbed upland areas along the Cedar River between the Trestle Bridge and Hand Carry Boat Launch. Total area is approximately 1.5 acres. Landscape architecture services will include the following: Item No. 1.0 Data Inventory This item includes the following: • Project review: Review available data and preliminary documentation. Resolve scope of planting and restoration needs for entire project. • Field Reconnaissance: Perform field reconnaissance to review project conditions, limits of work, and influencing factors. • Mapping: Map results of field reconnaissance that impact planting design. Mapping based on approximate field measure utilizing survey provided by others. • Code and Standards Research; Review City codes and standards, grant/funding requirements, and any other(City/federal)standards for planting that may apply. • Coordination/Team Meetings: Attend meeting to coordinate work efforts with the design team and the City, if requested. One meeting has been assumed for scoping purposes. Deliverables • Field inventory notes and mapping • Summary of applicable codes/standards to be utilized in planting design Item No. 2.0 30% Design (Schematic) This item includes the following: • Generate schematic level planting plan utilizing base drawing prepared by others. • • Define plant palette in a schedule/matrix form, including the range of plant types to be utilized in the plan. Plant types will be defined by area (upland, bank, below OHWM, etc.) as appropriate to the schematic bridge design plans. • Provide a basis of design statement identifying planting and irrigation concepts, citing relevant codes and standards that have informed design. • Provide schematic level cost estimate of planting, temporary irrigation, and related site preparation. • Attendance at meeting to coordinate work efforts with the design team and the City, if requested. One coordination/review meeting and one submittal of 30% has been assumed for scoping purposes. Deliverables • 30% Planting Plan (up to 3 sheets) • Plant Palette Matrix • Basis of Design Memorandum • 30% Cost Estimate Item No. 3.0 60% Design (Design Development) This item includes the following: • Preparation of Draft Planting Plan and Details, incorporating comments from the design team and the City on schematic planting plans. Revise and refine planting plan utilizing updated base information provided by others. Planting details will be provided. • Provide draft plant schedule with quantities and genus, species, and variety named. • Provide area plan showing limits of temporary irrigation, matrix identifying equipment and materials, and summary statement describing location of critical components. No irrigation details or detailed layout provided in this submittal. • Attendance at meeting to coordinate work efforts with the design team and the City, if requested. One coordination/review meeting and one submittal of 60% has been assumed for scoping purposes. • Provide 60% level cost estimate of planting, temporary irrigation, and related site preparation. • Provide outline of required special provisions or CSI format specifications. Deliverables • 60% Planting Plan and Details (up to 4 sheets) • Draft Plant Schedule • 60%Temporary Irrigation Plan (1 sheet, reduced scale) • 60% Cost Estimate • Special Provision or CSI format specification outline 2 0 • Item No. 4.0 90% Documents (Construction Documents) This item includes the following: • Preparation of final planting plan, details, and notes, incorporating comments from the design team and the City on the 60% planting plans. Planting plans will be revised and refined. Planting details and notes will be refined and supplemented, as required. • Preparation of final plant schedule and quantities, based on comment and adjustments to planting plans, updated plant schedule quantities, type, and sizing. Generation of alternate quantities for additive alternate (assume 1). • Preparation of final temporary irrigation plan, details, notes and schedule, based on comments and adjustments to coverage areas. • No coordination meeting is anticipated for the 90% submittal phase. One submittal of 90% has been assumed for scoping purposes. • Preparation of the 90% (construction document) cost estimate of planting, temporary irrigation, and related site preparation. • Preparation of final specifications. Deliverables • 90% Planting Plan, Details, and Notes (up to 4 sheets) • Plant Schedule • 90%Temporary Irrigation Plan, Details, Notes, and Schedule (up to 4 sheets) • 90% Cost Estimate • Specification Sections (site preparation, planting, seeding, temporary irrigation) Item No. 5.0 100% Documents (Bid Documents) This item includes the following: • Preparation of final documents for bidding, incorporating or resolving all changes as requested by the City from review of the 90% submittal (this scope assumes one time review). Technical specifications will be finalized. The final cost estimate will be adjusted, including for additive alternate if required. Deliverables • 100% Planting Plan, Details, and Notes (up to 4 sheets) • Final Plant Schedule • 100% Temporary Irrigation Plan, Details, Notes, and Schedule (up to 4 sheets) • 100% Cost Estimate 3 • Final Specification Sections (site preparation, planting, seeding, temporary irrigation) Assumptions • Land area in excess of 1.5 Acres for mitigation planting or invasive species removal, or extension of enhancement/restoration planting, or expansion of irrigation may require amendment to the scope/contract. • All information required to design and size the irrigation system will be provided by the City. Source connection anticipated to be within the 1.5 acre project area. • Amenities (benches, trash receptacles, or signage) are not included but may be added under separate scope/contract. • One consolidated set of review comments will be submitted to MacLeod Reckord for each of the three design reviews (30, 60, 90%). • Schedule and rates assume work will be completed in 2014 within approximate 8 month contiguous time-frame. • This scope does not purport to address requirements by local or state agencies for compliance with any or all environmental mitigation measures that may be required as a result of the impacts of the bridge project. Mitigation measures meeting agency requirements may require amendment to the scope/contract. t 4 Page 1 of 1 0 MacLeod Reckord FEE DERIVATION Landscape Architecture.Planning.Urban Design Project: Renton Riverview Date: 6-Nov-13 _ - - HOURS RATETEE TASK - PRINC LA CAD ADMIN PRINC LA CAD ADMIN SUBTL $145 $138 $98 $81 TASK 1.0 DATA INVENTORY 1.1 Project Review 1 2 145 276 1.2 Site Reconnaissance 4 - 552 - 1.3 Site Mapping 2 4 - 276 392 1.4 Codes/Standards Review&Reporting 2 2 290 276 - 1.5 Coordination/Team Meeting(1) 3 435 - - 1.6 Project Management 2 2 290 162 SUBTOTAL I I 1 1 3,094 TASK 2.0 30%DESIGN(SCHEMATIC) 2.1 Planting Plan 2 4 4 290 552 392 2.2 Plant Schedule 1 4 2 145 552 196 2.3 Basis of Design 1 145 - - - 2.4 Cost Estimate 1 4 1 145 552 81 2.5 Coordination/Team Meeting(1) 3 435 - - 2.6 Project Management 2 290 SUBTOTAL 3,775 TASK 3.0 60%DESIGN(DESIGN DEVELOPMENT) 3.1 Planting Plan&Details 2 6 4 290 828 392 3.2 Plant Schedule 4 2 - 552 196 3.3 Notes&Invasive Species Removal Strategy 1 3 2 145 414 196 3.4 Temporary Irrigation Plan&Summary Statement 1 2 2 145 276 196 - 3.5 Cost Estimate 1 6 2 1 145 828 196 81 3.6 Specification Outline 1 145 - - - 3.7 Coordination/Team Meeting 2 290 3.8 Project Management 2 290 - - - SUBTOTAL 5,605 TASK 4.0 90%DOCUMENTS(CONSTRUCTION DOCUMENTS) 4.1 Planting Plan,Details,and Notes 2 8 4 1 290 1,104 392 81 4.2 Plant Schedule incl.Alternate 4 2 - 552 196 - 4.3 Notes&Invasive Species Removal Strategy 1 3 2 145 414 196 - 4.4 Temporary Irrigation Plan,Details,Notes,Schedule 1 8 4 2 145 1,104 392 162 4.5 Cost Estimate 1 8 4 1 145 1,104 392 81 4.6 Specifications 4 8 2 580 1,104 - 162 4.7 Project Management 2 290 - - SUBTOTAL 8,741 TASK 5.0 100%DOCUMENTS(BID DOCUMENTS) 5.1 Finalize Documents 4 8 6 1 580 1,104 588 81 5.2 Project Management 1 145 - - - SUBTOTAL - 2,498 ALLOWANCE FOR REIMBURSABLES Estimate/allowance SUBTOTAL 500 TOTAL 24,213