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AMENDMENT NO. _3_ TO AGREEMENT FOR COULON MEMORIAL BEACH PARK NORTH WATER WALK IMPROVEMENTS THIS AMENDMENT, dated for reference purposes only as __________________, 2021, is by and between the City of Renton (the “City”), a Washington municipal corporation, and PND Engineers, Inc. (“Consultant”), a Washington corporation. The City and the Consultant are referred to collectively in this Amendment as the “Parties.” Once fully executed by the Parties, this Amendment is effective as of the last date signed by both parties. Whereas, the City engaged the services of the Consultant under Agreement CAG-20-010, dated January 13, 2020, to provide necessary services for the Coulon Memorial Beach North Water Walk Improvements (referred to herein as the “Agreement”); Whereas, the Parties wish to amend the Agreement to change the scope of work and change the compensation in order to provide professional services associated with the Restoration and Planting (RAP) Mitigation and Planting Design for the above referenced project. NOW THEREFORE, It is mutually agreed upon that CAG-20-010 is amended as follows: 1.Scope of Work: Section 1, Scope of Work, is amended to add work as specified in Exhibit A-3, which is attached and incorporated herein. 2. Compensation: Section 4, Compensation, is amended so that the maximum amount of compensation payable to Consultant is increased by $_35,639.62_ from $358,071.70 to $_393,711.32, plus any applicable state and local sales taxes. The additional compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A-3 of the Agreement. 3.All terms of the Agreement not explicitly modified herein shall remain in full force and effect and such terms shall apply to Work performed according to this Amendment as if fully set forth herein. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Amendment as of the date last signed by the Parties below. CAG-20-010, Adden #3-21 September 16 PAGE 2 OF 2 CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Armondo Pavone Mayor Jon B. Keiser Vice President _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Moloney Renton City Attorney Contract Template Updated 06/17/2021 September 13, 2021 (approved via email from Cheryl Beyer) September 16, 2021 September 9, 2021 Betsy Severtsen Capital Projects Coordinator City of Renton Parks Planning and Natural Resources 1055 S Grady Way, 6th Floor Renton, WA 98057 Subject: Gene Coulon Park North Water Walk – RAP Mitigation and Plantings Design Proposal Dear Betsy: This proposal from PND, with subcontractors GeoEngineers (Geo) and HBB Landscape Architecture (HBB), is to provide services related to the Restoration and Permitting (RAP) program for Lake Washington to be applied to the North Water Walk project. Proposed scopes are detailed within the attached documents, which include in brief: •RAP calculation and agency coordination •Planting design •Tribal coordination for number of mitigation plantings •Additional planting design after tribal coordination •Design drawings of planting locations, details, and irrigation to be included in 90%, 100%, and bid set submittals. •Coordination between the City, PND, Geo, and HBB A fee estimate summary table is attached outlining the proposed PND budget. Subcontractor budgets are also detailed by Geo and HBB in their attached proposals. PND will apply standard 10% markups to subcontractor invoices. PND proposes to add this additional scope as an Amendment 3 to existing contract CAG 20-010 between the City of Renton and PND with a total new budget of $35,639.62. This budget is broken into the following tasks: first, amend the existing Task 8 for Additional Permitting Support with an additional budget of $19,560.00, bringing the total Task 8 budget from $15,000.00 to $34,560.00. Second, a new Task 9 is proposed for Plantings Design with a budget of $16,079.62. PND anticipates no changes to the project schedule from this amendment since permitting is already underway and the RAP mitigation efforts will occur in parallel to ongoing engineering efforts. New landscape architecture design drawings and specifications will be submitted soon after the upcoming 90%, and with the 100% submittal. Thank you for the opportunity to present this proposal. We look forward to continuing to work with the City and, together, delivering a successful North Water Walk project. Sincerely, Jon B. Keiser, P.E Colin Kuester, P.E. Vice President Senior Engineer Attachments: 1. GeoEngineers Proposal 2.HBB Proposal 3.Fee Estimate Table 4. PND Standard Rates (2021) 17425 NE Union Hill Road, Suite 250 Redmond, Washington 98052 425.861.6000 August 10, 2021 P|N|D Engineers, Inc. 1736 Fourth Avenue South, Suite A Seattle, Washington 98134 Attention: Colin Kuester, PE; Senior Engineer Subject: Revised Amendment 2: Additional Permitting Support Services Coulon Park Water Walk Improvements Project Renton, Washington GeoEngineers File No: 0693-086-00 GeoEngineers, Inc (GeoEngineers) is pleased to submit this revised scope and fee amendment for continued permitting assistance for the Coulon Park Water Walk Improvements Project (Project) in Renton, Washington. For this amendment, this scope and fee estimate reflects recent communication with the U.S. Army Corps of Engineers (USACE) as well as the City of Renton Parks Planning and Natural Resources (City) (including an internal conference call with the City on July 6, 2021 and an external conference call with the USACE Project Manager on July 7, 2021 as well as comments from the City received on August 4, 2021 from PND Engineers, Inc. [PND]) on additional effort needed to complete permit negotiations for the Project. Specifically, the use of the Restoration and Permitting (RAP) calculator recently adopted for projects in Lake Washington to facilitate consultation with National Marine Fisheries Service (NMFS) and development of mitigation planning documents. At your request, this scope of services is being submitted to supplement our existing effort. This proposed scope of services includes permitting assistance and coordination (internal/external) as presented below. Our proposed additional scope will be included in previously authorized tasks: ■Task 1: Project Management ■Task 2: Permitting Support; and Developing RAP calculator output Developing planting/mitigation plan (Plan) ■Task 3: Internal and External Coordination. P|N|D Engineers, Inc. | August 10, 2021 Page 2 File No. 0693-086-00 TASK 1 PROJECT MANAGEMENT GeoEngineers will coordinate services internally and provide updates to PND and the City on the additional scope outlined in this amendment. This task covers the effort needed for continued monthly invoicing and eventual project archiving. We assume a 2-month duration of this phase of federal permitting (agency coordination through submission of the permitting support documents). Proposed Cost: $600 TASK 2 PERMITTING SUPPORT GeoEngineers will provide continued assistance with permit documentation (USACE and the City) and draft documents. Below is a summary of the anticipated additional permit documents to be provided by GeoEngineers. We anticipate the additional permit documentation development to take a total of 2 months to fully develop. Additional permit services, outside of what is outlined below (i.e. additional field surveys) can be provided by GeoEngineers but would require a contract amendment and additional budget. Subtask 2.1 – Developing RAP Calculator Output Based on our recent conversation with the USACE project manager, this project qualifies for use of the RAP mitigation calculator that has been recently adopted for Lake Washington nearshore projects to help facilitate the federal permitting process. This calculator was developed to ensure compliance with Endangered Species Act (ESA) Section 7 for pier and shoreline projects for lakes found in King County. The calculator evaluates project impacts for overwater coverage and comparing to suggested mitigation actions to determine if planned mitigation adequately addresses project impacts. We anticipate the RAP calculator to generate a number of debits for the Project based on past experience with its implementation. The primary project impacts that will drive the generation of these debits include the size of overwater coverage to be installed without a reduction in square footage or removal of existing piling. Based on previous discussions, the City has decided to address these debits by paying the debit generated fee and installing the minimum required number plantings per RAP guidance. GeoEngineers will coordinate with NMFS through USACE on review and acceptance of the RAP calculator output. This scope also includes working with the design team to address regulatory agency or Muckleshoot Tribe requests that arise during USACE coordination of RAP calculator output and could potentially affect design elements. Subtask 2.2 – RAP Planting Plan (Plan) Memo (USACE and City Consultation) Based on the RAP guidance document, this project must incorporate two trees and three shrubs to facilitate agency approval. GeoEngineers proposes to develop a brief planting plan memo (memo) with a figure to meet the RAP “Appendix C. Planting Plan Requirements” and set a monitoring schedule and performance goals for the plantings. A planting figure showing the location and species will be developed by HBB Landscape Architecture (HBB). We assume that PND will provide design base drawings to support Plan development. The memo will outline the required performance standards and maintenance activities as described in the RAP Guidance “Appendix C. Planting Plan Requirements”. GeoEngineers will submit a draft Plan for review by PND and the City before submitting to the USACE and the Muckleshoot Tribe for comment. GeoEngineers will address tribal and agency comments and modify P|N|D Engineers, Inc. | August 10, 2021 Page 3 File No. 0693-086-00 the memo to produce a final for submittal as the final part of the permit submittal. This task also covers effort to incorporate this Plan into the Lake Study documents that are required as part of the State Environmental Policy Act (SEPA) and Shoreline Management exemption process. ■Previously Completed RAP Calculator Effort: 12 Senior 2 hours, totaling $2,640 ■Proposed Additional Cost for Task 2: $5,260 ■Total Requested = $7,900 TASK 3 COORDINATION (CITY, USACE AND TRIBAL) GeoEngineers will support the permit process by serving as the point of contact (authorized agent) on behalf of the City. This includes recent completed effort (not billed) and future coordination efforts with the USACE and the Muckleshoot Tribe on results from the RAP calculator as well as review of the Plan that is detailed above in Task 2.2. This budget estimate assumes a moderate effort that is based on recent conversations with USACE and assumes mitigation planning and coordination with the Muckleshoot Tribe. This task also covers internal coordination with the City consisting of regular updates on mitigation plan progress and external agency and tribal communication. ■Previously Completed Coordination Effort: 6 Senior 2 hours, totaling $1,320. ■Proposed Additional Cost for Task 3: $5,780 ■Total Requested = $7,100 ASSUMPTIONS Below is a list of assumptions that guided our level of effort. Changes to the Project that affect these assumptions will require a contract amendment to address additional level of effort and budget. ■We assume no further field work will be required to complete this scope of work. ■We assume the previously described Lake Study materials will now include the Planting Plan Memo to finalize the Lake Study submittal. ■We assume that HBB will develop the planting plan figures and further develop them into stamped design drawings to be incorporated into 100 percent design documents. ■We assume that PND will prepare any additional drawings needed for mitigation planning and permit negotiations. ■While we assume that the above effort is required to attain permissions (i.e., permits) from USACE and exemptions from City of Renton planning, we cannot guarantee permits will be issued in a timely manner to meet the current proposed construction schedule. FEE ESTIMATE, TERMS AND SCHEDULE The estimated fee for continued services will be billed on a time and materials basis using rates established in our agreement signed February 20, 2020. The total estimated fees for the required work described above JPS JPS P|N|D Engineers, Inc. | August 10, 2021 Page 4 File No. 0693-086-00 (Tasks 1 through 3) based on the assumptions also described above is $15,600. The current authorized total is $40,200, these additional services would increase the total authorized to $55,800. TABLE 1. BUDGET ESTIMATE FOR ADDITIONAL SERVICES Task Number Task Description Completed Effort Proposed Future Effort Total Task 1 Project Management $0 $600 $600 Task 2 Permitting Support $2,640 $6,260 $7,900 Task 3 Coordination $1,320 $5,780 $7,100 Total $15,600 We are in a position to begin work after receiving your authorization to proceed. Our services will be completed in accordance with the terms described in Master Services Agreement dated September 11, 2019. Please review those conditions carefully and advise us if you have any questions or desire to modify the terms of the agreement. We will endeavor to keep you apprised of project status and conditions that may significantly affect our scope and estimate. There are no intended third-party beneficiaries arising from the services described in this proposal and no party other than the party executing this proposal shall have the right to legally rely on the product of our services without prior written permission of GeoEngineers. This proposal is valid for a period of 60 days commencing from the first date listed above and subject to renegotiation by GeoEngineers, Inc., after the expiration date. JPS JPS JPS JPS P|N|D Engineers, Inc. | August 10, 2021 Page 5 File No. 0693-086-00 We appreciate this opportunity to submit our amendment and look forward to continuing to assist you with this project. If we may provide any additional information or clarification of this proposal, please call me at 425.861.6004. Sincerely, GeoEngineers, Inc. Jason P. Stutes, PhD Joseph O. Callaghan, MS, PWS Senior Marine Ecologist Principal Fisheries Biologist JPS:JOC:tlm One electronic copy submitted. The parties hereto have made, executed and agreed to this Agreement as of the day and year first above written. By signature below, Client accepts the scope of services and all terms described herein. In addition, Client’s signature shall constitute as authorization to proceed on the date listed below Client’s printed/typed name unless such authorization has been otherwise provided in writing. P|N|D Engineers, Inc. ORGANIZATION * SIGNATURE DATE TYPED OR PRINTED NAME *Individual with contracting authority. Proprietary Notice: The contents of this document are proprietary to GeoEngineers, Inc. and are intended solely for use by our clients and their design teams to evaluate GeoEngineers' capabilities and understanding of project requirements as they relate to performing the services proposed for a specific project. Copies of this document or its contents may not be disclosed to any other parties without the written consent of GeoEngineers. Disclaimer: Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. Copyright© 2021 by GeoEngineers, Inc. All rights reserved. Hough Beck & Baird Inc. 2101 Fourth Avenue, Suite 1800 Seattle, WA 98121 206-682-3051 Phone www.hbbseattle.com 09 August 2021 Mr. Colin Kuester PND Engineers, Inc. 1736 Fourth Avenue South Seattle, WA 98134 RE: North Water Walk Deck at Gene Coulon Park Landscape Architecture Services Renton, Washington Dear Mr. Kuester, Hough Beck & Baird Inc. (HBB) is pleased to submit this proposal for landscape architectural services for the North Water Walk Deck at Gene Coulon Park. We understand that the proposed improvements include resurfacing of the North Water Walk decking with a light penetrating surface, and through the Restoration and Permitting Program for Lake Washington (RAP), tree and shrub mitigation plantings will be required on-site. It is understood all mitigation plantings will need to be located with 25’ of the water’s edge, that tree and shrub species will be defined by the RAP Plant List, and all plant material will be native species. Additionally, the quantity of plants will be the minimum required determined by RAP. Most of the shoreline edge has been planted and the available planting areas would be upland of this zone. Also, the mitigation planting will need supplemental irrigation for establishment. Design for irrigation will be included as new circuits or reconfigured existing circuits being connected to the site’s existing irrigation system. Specifications will be provided as Word documents, and cost estimates will be provided at milestone submittals. HBB has been brought on board to this project after the 60% submittal and will be providing 30% level plans, specifications, and cost estimate as part of the projects’ 90% milestone submittal package. The 30% level plans will be provided in two (2) formats to conform with both Permit and Construction Document submittals. Plans, specifications, and cost estimate will be brought to a 100% level of design by the projects’ 100% milestone submittal package date. Final plans, specifications, and cost estimate will be provided for the Bid Set. The following professional services are proposed on a lump sum basis. The design tasks will generally include the following: TASK 1. DESIGN DEVELOPMENT (30% Level): Review available background information, City of Renton code requirements, and King County code requirements. Confirm the program requirements in relation to the RAP. Visit the project site for site analysis and reconnaissance. Attend coordination meetings with PND, the City of Renton, and GeoEngineers to review permitting requirements and to ensure the planting approach meets the goals of Renton Parks Department. 1.1 Background Information: Review survey files, existing irrigation plans, and RAP guidance. 1.2 Site Visit 1.3 Coordination Meetings (3 Total), assumed to be teleconference/remote meetings: 1.3.1 Design coordination meetings with the City of Renton, one (1) meeting. 1.3.2 Permit coordination meetings with GeoEngineers, one (1) meeting. 1.3.3 Project coordination meetings with PND, up to one (1) meeting. 1.4 Provide 30% level plans, specifications and cost estimate for inclusion in the 90% submittal package. 1.4.1 Planting plans will be symbols for trees and symbols for shrubs with species, size, and spacing listed. Planting plans will include one (1) plan sheet at 1” =20’ scale with planting schedule, and 1 planting detail sheet. 1.4.2 Irrigation plans will include 1 plan sheet at 1” =20’ scale with irrigation schedule and 1 irrigation detail sheet. Irrigation plans will identify areas to be irrigated, and the tie-in locations with existing system including descriptive notes and callouts. 1.5 Quality Control Review. Provide one (1) Quality Control review of deliverables by a senior landscape architect not involved in the project, with internal debrief of QC comments. Deliverables = 30% level of design documents for the 90% submittal. 30% level documents to be submitted in separate formats for permit submittal and construction document submittal. Typed summary of meeting notes. North Water Walk Deck at Gene Coulon Park Page 2 August 09, 2021 TASK 2. CONSTRUCTION DOCUMENTS: Revise plans, specifications, and cost estimate to 100% level of design for the 100% submittal and to Final Bid Set documents. 100% submittal documents and Final Bid documents will respond to City of Renton and/or agency review and permitting comments. Any revisions beyond these two submittals based on subsequent reviews by City of Renton or agencies will be billed on an hourly (time and expense) basis as additional services. 2.1 Coordination Meetings (4 Total), assumed to be teleconference/remote meetings: 2.1.1 Design coordination meetings with the City of Renton, up to one (1) meeting. 2.1.2 Permit coordination meetings with GeoEngineers, up to one (1) meeting. 2.1.3 Project coordination meetings with PND, up to one (1) meeting. 2.2 100% Submittal: Provide 100% level plans, specifications and cost estimate to include with the 100% submittal package. Plans will incorporate revisions based on City of Renton and/or agency review comments. Written responses to 90% review comments will be provide with this submittal. Assume up to four (4) times the plant quantity specified in the previous submittal will be added in the 100% submittal, in the same general vicinity (no additional plan sheets will be required to show additional planting or irrigation area). Provide 100% level plans, specifications and cost estimate with the 100% submittal package. Specifications will comply with and support RAP Planting Plan Requirements. 2.3 Support of the RAP Form, Appendix G. Provide summary of Existing Conditions for vegetation within 10 feet of shoreline inside project limits per Part C., and description of proposed plantings per Part D. 2.4 Bid Set: Provide final stamped and signed plans, specifications, and cost estimate to include with the Bid Set Construction Documents. Bid Set documents will incorporate revisions based on City of Renton and/or agency review comments of the 100% submittal. Written responses to 100% review comments will be provide with this submittal. 2.5 Quality Control Review. Provide one (1) Quality Control review of deliverables by a senior landscape architect not involved in the project, with internal debrief of QC comments. Deliverables = 100% submittal documents. Signed and stamped final contract Bid Documents. Provide written responses to review comments with each submittal (2). In consideration of the above services, we are proposing the following estimated fee (see Exhibit A): TASK 1 DESIGN DEVELOPMENT $ 4,956.87 TASK 2 CONSTRUCTION DOCUMENTS $ 7,954.15 EXPENSES (travel)$ 125.00 Total Cost of Services $ 13,036.02 Our proposed hourly rates for the work described above and any additional services are as shown on Exhibit A. The above fee is also based on the following assumptions: 1.The above fee assumes that the project will be developed as a single package. Bid alternates, bid additives, or subsequent repackaging of the project into separate phases is not included. 2.Arboricultural inspection, tree removal, and tree protection are not included. 3.Off-site street improvements or other design improvements are not included or any other mitigation requirements outside of the RAP process. If required, they will be considered additional services. 4.Public or presentation meetings (public hearings, community meetings, etc.) and graphic presentation materials (cross-sections, sketches, etc.) are not included, but are available as additional services. 5.Survey for the park will be provided by others. Survey will include a current and up-to-date tree survey. Additional survey work to include a tree inventory is not included. Survey files will be in AutoCAD format. Formatting of digital files from software other than AutoCAD is not included and would be additional services. 6.All proposed work will be above the Mean Higher High Water (MHHW) line. Any work required at or below the MHHW line will be designed, stamped, and signed by others. North Water Walk Deck at Gene Coulon Park Page 3 August 09, 2021 7.Existing irrigation plan as-builts will be provided by the City of Renton and made available for consultant use. Plans will be in PDF format. 8.HBB will not be directly involved in meetings with permit agencies, or providing additional exhibits beyond those deliverables described in this scope. 9.Services during bidding and construction are not included at this time, but are available for additional services upon request. 10.A landscape as-built report is not included at this time, but is available for additional services upon request. We appreciate the opportunity to work with you on this project. If you have any questions regarding the above proposal, please call. Best regards, HOUGH BECK & BAIRD INC. Michael Walton, ASLA Associate Attachments: Exhibit A - HBB Fee Proposal EXHIBIT A Project: Owner: Firm: Hough Beck & Baird Inc. (HBB) Date: Principal PM / LA Design Comp./ Tech $ 176.09 $ 157.22 $ 100.62 $ 85.53 TASK 1.2 13 11 17 $4,956.87 1.1 Background Information 1 2 1.2 Site visit 4 1.3 Coordination Meetings (3)33 1.4 30% Level Plans, Specifications, and Cost Estimate (90% Milestone)4616 1.5 Quality Control Review and Debrief (1) 2 1 1 TASK 2.4 16 19 33 $7,954.15 2.1 Coordination Meetings (3) 3 3 2.2 100% Level Plans, Specifications, and Cost Estimate 61020 2.3 Support RAP Form, Appendix G 2 2.4 Bid Set: Signed Plans, Specifications, and Cost Estimate 4612 2.5 Quality Control Review & Debrief 4 1 1 6 293050 $1,056.54 $4,559.38 $3,018.60 $4,276.50 $12,911.02 125.00$ 13,036.02$ TOTAL COST OF SERVICES Reimbursable Expenses North Water Walk Deck at Gene Coulon Park City of Renton TASK SUBTOTAL Total Cost Scope of Work Total Hours DESIGN DEVELOPMENT (30% Level) CONSTRUCTION DOCUMENTS 8/9/2021 Revised:8/11/2021 GENE COULON PARK - NORTH WATER WALK - RAP MITIGATION AND PLANTING DESIGN Task Item Senior Engineer VII Senior Engineer V Senior Engineer IV Senior Engineer II Senior Engineer I Staff Engineer III Environmental Scientist V CAD Designer VI Technician VI Technician IV Total Labor No. Task (Scope of Services)$210 $175 $165 $145 $135 $115 $165 $125 $140 $100 Hours Cost Expenses Task Totals 8.0 Additional Permitting Support 1 Coordination 2 8 4 14 $2,400.00 $17,160.00 Subtotal 2 0 8 0 0 0 4 0 0 0 14 9.0 Planting Design 1 Coordination 2 8 10 Subtotal 2 0 8 0 0 0 0 0 0 0 10 $2,400.00 $17,160.00 $19,560.00 $1,740.00 $14,339.62 $1,740.00 $14,339.62 $16,079.62 SUBCONSULTANTS: Subcontract Subcon. Task Amount Markup Cost 8.0 GeoEngineers $15,600.00 1.1 $17,160.00 9.0 HBB Landscape Architecture $13,036.02 1.1 $14,339.62 TOTAL SUBCONSULTANTS $31,499.62 Total - Labor $4,140.00 Total - Subconsultants $31,499.62 TOTAL - $35,639.62 Professional:Staff Engineer I $95.00 Staff Engineer II $105.00 Staff Engineer III $115.00 Staff Engineer IV $120.00 Staff Engineer V $125.00 Staff Engineer VI $140.00 Senior Engineer I $135.00 Senior Engineer II $145.00 Senior Engineer III $155.00 Senior Engineer IV $165.00 Senior Engineer V $175.00 Senior Engineer VI $195.00 Senior Engineer VII $210.00 GIS Specialist $100.00 Environmental Scientist I $100.00 Environmental Scientist II $120.00 Environmental Scientist III $135.00 Environmental Scientist IV $150.00 Environmental Scientist V $165.00 Environmental Scientist VI $180.00 Surveyors:Senior Land Surveyor I $110.00 Senior Land Surveyor II $120.00 Senior Land Surveyor III $130.00 Technicians:Technician I $55.00 Technician II $80.00 Technician III $90.00 Technician IV $100.00 Technician V $125.00 Technician VI $140.00 CAD Designer III $80.00 CAD Designer IV $95.00 CAD Designer V $115.00 CAD Designer VI $125.00 PND ENGINEERS, INC. STANDARD RATE SCHEDULE EFFECTIVE FEBRUARY 2021