HomeMy WebLinkAboutContractAGREEMENT FOR THE RENTON TRAIL CONNECTOR – BURNETT
AVE S SIDEWALK REHABILITATION PROJECT
THIS AGREEMENT, dated for reference purposes only as June 1, 2022, is by and between the City
of Renton (the “City”), a Washington municipal corporation, and MIG Inc. (“Consultant”), a
Washington Corporation. The City and the Consultant are referred to collectively in this
Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of
the last date signed by both parties.
1.Scope of Work: Consultant agrees to provide design, engineering and bid services as
specified in Exhibit A, which is attached and incorporated herein and may hereinafter be
referred to as the “Work.”
2.Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit B or as otherwise mutually
agreed by the Parties.
3.Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit C. All Work shall be performed by no later
than June 30, 2023.
4.Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $99,991.00, plus any applicable state and local sales
taxes. Compensation shall be paid based upon Work actually performed according to
the rate(s) or amounts specified in Exhibit B. The Consultant agrees that any hourly or
flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless
otherwise agreed to in writing or provided in Exhibit B. Except as specifically provided
herein, the Consultant shall be solely responsible for payment of any taxes imposed
as a result of the performance and payment of this Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Consultant shall submit a voucher or invoice in a form
specified by the City, including a description of what Work has been performed, the
name of the personnel performing such Work, and any hourly labor charge rate for
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such personnel. The Consultant shall also submit a final bill upon completion of all
Work. Payment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the appropriate City representative of the
voucher or invoice. If the Consultant’s performance does not meet the requirements
of this Agreement, the Consultant will correct or modify its performance to comply
with the Agreement. The City may withhold payment for work that does not meet the
requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5.Termination:
A.The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event
of such termination or suspension, all finished or unfinished documents, data, studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B.In the event this Agreement is terminated by the City, the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
6.Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
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and laws. Compliance with professional standards includes, as applicable, performing the
Work in compliance with applicable City standards or guidelines (e.g. design criteria and
Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall
certify engineering plans, specifications, plats, and reports, as applicable, pursuant to
RCW 18.43.070. Consultant further represents and warrants that all final work product
created for and delivered to the City pursuant to this Agreement shall be the original work
of the Consultant and free from any intellectual property encumbrance which would
restrict the City from using the work product. Consultant grants to the City a non-
exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and
display all final work product produced pursuant to this Agreement. The City’s or other’s
adaptation, modification or use of the final work products other than for the purposes of
this Agreement shall be without liability to the Consultant. The provisions of this section
shall survive the expiration or termination of this Agreement.
7.Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8.Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
9.Independent Contractor Relationship:
A.The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement. The nature of the relationship between the Consultant and the City
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during the period of the Work shall be that of an independent contractor, not
employee. The Consultant, not the City, shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant’s failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant, except for that portion of the claims caused by
the City’s sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate…) then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Consultant and the City, its officers, officials, employees and volunteers, Consultant’s
liability shall be only to the extent of Consultant’s negligence.
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It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant’s waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11.Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant’s performance of the Work.
12.City of Renton Business License: Unless exempted by the Renton Municipal Code, t
Consultant shall obtain a City of Renton Business License prior to performing any Work
and maintain the business license in good standing throughout the term of this
agreement with the City.
Information regarding acquiring a city business license can be found at:
https://www.rentonwa.gov/Tax
Information regarding State business licensing requirements can be found at:
https://dor.wa.gov/doing-business/register-my-business
13.Insurance: Consultant shall secure and maintain:
A.Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B.In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C.Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D.Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
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limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on
behalf of the City, beyond normal commutes.
E.Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City’s insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City’s
recourse to any remedy available at law or in equity.
F.Subject to the City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G.Consultant shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
14.Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable
control occur, the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
15.Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16.Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service. Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
CITY OF RENTON
Jonathan Chavez, PE
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-7288
jchavez@rentonwa.gov
Fax: (425) 430-7300
CONSULTANT
Nathan Polanski, PE
119 Pine Street, Suite 400
Seattle, WA 98101
Phone: (206) 223-0326
npolanski@migcom.com
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17.Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A.Consultant, and Consultant’s agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B.The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C.If the Consultant fails to comply with any of this Agreement’s non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D.The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution Number 4085.
18.Miscellaneous: The parties hereby acknowledge:
A.The City is not responsible to train or provide training for Consultant.
B.Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C.Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D.In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
PAGE 8 OF 10
Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E.This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision of
Work called for in this Agreement.
F.Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G.Consultant is responsible for his/her own Worker’s Compensation coverage as well as
that for any persons employed by the Consultant.
19.Other Provisions:
A.Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B.General Administration and Management. The City’s project manager is Jonathan
Chavez. In providing Work, Consultant shall coordinate with the City’s contract
manager or his/her designee.
C.Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D.Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E.Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant’s employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
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other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor. Consultant
hereby expressly consents to the personal and exclusive jurisdiction and venue of
such court even if Consultant is a foreign corporation not registered with the State of
Washington.
H. Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant’s performance of
this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Consultant from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
6/9/2022
Approved by Cheryl Beyer via 6/2/2022 email
615 Second Avenue, Suite 280
Seattle, WA 98104
206.223.0326
www.migcom.com
Exhibit A - Scope of Work
Burnett Ave S Sidewalk Retrofit, S 4th St to S 5th St
April 18, 2022
Project Description
This maintenance project will replace existing concrete sidewalk and driveways in kind along the east
side of Burnett Ave S to improve ADA access. The work includes replacing existing driveway curb
cuts, street lights and adjusting franchise utility vaults to grade.
Project Location
East sidewalk along Burnett Ave S between the existing curb ramps at S 4 th St and S 5th St.
General Design/Scope Assumptions:
Replace existing sidewalk in the same alignment between S 4 th St and S 5th St with a new 5’
sidewalk per City standard plan 102; sidewalk improvements will stop at existing expansion
joints short of existing curb returns and curb ramps to remain.
o It is assumed the right of way is at back of walk and a 1’-2’ temporary construction
easement (TCE) will be required to install the new sidewalk at the back of walk and an
~5’ TCE at driveways to accommodate new driveway ramps.
o Driveways ramps will be replaced per City standard plan 104.3; driveway width to
match existing width of driveway ramp at back of sidewalk. City to coordinate with
property owners for driveway replacement.
o Existing utility vaults in sidewalk/driveway areas will remain but covers will be adjusted
flush with finished grade and have non-skid lids installed. City to provide contacts for
utility owners for Consultant to coordinate with during design.
City will coordinate with adjacent property owners for all TCEs and property impacts, including
but not limited to:
o Removal and reinstallation of fence at 426 Burnett Ave S; design to address
reinstallation with construction notes and/or special provisions; structural details for a
new fence are not included.
o Removal and restoration of sidewalk to zero lot building at 416 Burnett Ave S to be
addressed with construction notes; details for building façade restoration are not
included.
o Removal of driveway cut at southwest corner of property 410 Burnett Ave S and
replacement with lawn restoration.
Existing trees will be protected in place and planting strip will be restored in kind. Consultant
to confirm restoration approach prior to developing draft design; City to coordinate with
property owners for restoration.
Existing street lighting will be replaced with four (4) new street light poles and fixtures per City
Standard Plans 117.4 and 117.5. Lighting design will include a lighting analysis and
photometrics to meet RMC 4-6-060(l). Design assumes the existing service connection will
remain (i.e. new wiring will connect to/splice to existing wire)
o Depth of foundation for street lights will be based on geotechnical information in the
“Geotechnical and Environmental Report – Downtown Utility Improvements Project,
City of Renton” (March 31, 2020)
Plans to be developed using AutoCAD 2018; plan submittals to be completed in half-size
(11x17) PDF format.
Burnett Ave S Sidewalk Replacement
April 18, 2022
Page 2 of 6
Stormwater requirements:
o On-Site BMPs: The area of hard surface (sidewalk, driveways) to be replaced is more
than 2,000 SF and requires On-Site BMPs, however, the project is located within
Wellhead Protection Zones 1 and 2 (a.k.a. 1-Yr and 5-Yr Wellfield Capture Zone;
Manual Reference Map 15-B) where infiltrating stormwater runoff is not
desired/feasible.
o Flow control and water quality treatment: Not required
Contractor to be responsible for providing Construction SWPPP and temporary traffic control
plans.
Task 1: Project Management $9,257
This task includes time for the Consultant to coordinate with the City’s project manager and
subconsultants during a four-month design duration and subsequent two-month construction
duration. The Consultant’s time will include coordinating the project schedule with the City and
providing monthly progress reports and invoices for work completed.
Deliverables:
Monthly progress reports and invoices
Task 2: Basemap $12,253
Survey subconsultant will create a survey control network and process raster aerial image of the site
of the site as depicted in the limits along the eastside of Burnett Ave S. from S. 4th St. to S. 5th St.
and as shown in attached Figure 1 plus 50 feet (outside of drawn limits). GIS Right-of-Way (ROW)
and utilities information will be gathered and placed within a CAD file along with the control points,
descriptions, and imagery.
Assumptions:
City ROW permits and/or outreach notices will be performed by the city.
Necessary Right-of-Entries (ROE) will be provided by the City for properties in a timely
manner prior to deployment of field activities. Inability to provide ROE in a timely manner prior
to deployment will result in a delay and additional effort outside the scope stated here within.
Field survey support effort consists of a 2-person crew for up to two occurrences (10-hour
days) and would include any time impacts related to delinquent or unprocessed NOEs, ROEs
or refusal of access related to field activities.
CAD template with layers appropriate for the standard will be provided to Furtado prior to
work being performed.
Basemapping will be provided in: AutoCAD 2018 using King County CAD standards, unless
directed otherwise.
NAD83 (2011) horizontal and NAVD88 vertical datums will be used for the basemapping.
No Parcel/ROW/ALTA maps will be created.
No pipe probes, potholing, or conductible locates will be performed as part of the scope.
Deliverables:
2D basemap containing GIS elements and mapped to features.
Orthomosiac imagery (.tif)
Burnett Ave S Sidewalk Replacement
April 18, 2022
Page 3 of 6
Task 3: Lighting Design $8,476
Lighting engineer subconsultant will prepare a lighting analysis for the anticipated four (4) light poles
based on standard City light pole materials and layout. Lighting analysis to validate that City lighting
criteria will be met prior to developing the draft design. A site visit will verify site conditions regarding
the existing street lighting system. After receiving City approval of the preliminary lighting layout the
draft and final design will be developed.
Assumptions:
Lighting design will modify the proposed lighting materials and/or layout in order to meet the
required photometric criteria.
Lighting system (up to four new lights) will be fed from the existing service cabinet (or service
point/transformer) where the existing lights to be removed are being fed from (may be near
the NE corner of 5th/Burnett); coordination with utility provider for modification to the existing
service will be by the City.
Special provisions for downtown lighting to be provided by the City and edited by Consultant
as necessary
Deliverables:
Preliminary lighting layout plan based on lighting analysis shown over aerial basemap of site
(prior to draft design submittal)
Draft design to include: lighting analysis calculation summary and short memo (up to one
page); plan sheet with lighting schedules, schematics, and details; engineer's estimate;
special provisions for construction related to the street lighting (Illumination System)
Final design to include: plan sheet with lighting schedules, schematics, and details; engineer's
estimate; special provisions for construction related to the street lighting (Illumination System)
Task 4: Draft PS&E Documents $30,903
The Consultant shall prepare draft PS&E documents for review by the City. Plans shall be developed
to provide dimensions (or sta/off from curb alignment) for field layout of all proposed improvements.
Spot elevations, if needed (e.g. top of light pole foundations), will be relative to top of existing curb to
remain and assume 1.5% cross slopes across the planting strip and sidewalk. City standards details
and WSDOT standard plans will supplement with project specific details as required. See final design
task for a list of anticipated plan sheets.
Assumptions:
Structural design for light poles per City standard plans; foundation depth to be based on
geotechnical assumptions from the City provided geotechnical report titled “Downtown Utility
Improvements Project March 31, 2020”.
City to provide complete template project manual for development of draft project manual.
Grading for driveways will be based on standard plans; profiles will not be developed.
o At 416 Burnett Ave S it assumed the driveway elevation will be adjusted to match the
large vault and concrete collar; replacement of collar to be coordinated with utility
owner.
Approximate temporary construction easements, to be dimensioned from GIS right-of-way
and parcel lines to be shown on plans; individual exhibits for property owners are not
required)
Burnett Ave S Sidewalk Replacement
April 18, 2022
Page 4 of 6
Deliverables:
Draft Plans in half-size (11x17) PDF format
Draft project manual, PDF
Draft opinion of probable construction cost
Draft drainage report, PDF
Task 5: Final PS&E Documents (Bid Documents) $26,406
The Consultant shall prepare final PS&E documents for construction bidding. Plans shall be
formatted to provide sufficient detail for field layout of all proposed improvements. City standards
details and WSDOT standard plans will supplement with project specific details as required. City to
provide a compiled, non-contradictory log of comments to the Consultant prior to the start of final
design.
Assumptions:
Structural design for light poles per City standard plans; foundation depth to be based on
geotechnical assumptions from the City provided geotechnical report titled “Downtown Utility
Improvements Project March 31, 2020”
Anticipated plan sheets:
o Cover
o General Notes
o Typical Sections
o Details (TESC, Paving, Utility adjustments as needed)
o Site Preparation and TESC Plan
o Paving and Landscape Restoration Plan
o Lighting Plans/Details (see Task 3)
Deliverables:
Bid Set plans in half-size (11x17) PDF format
Bid Set project manual, PDF
Bid Set opinion of probable construction cost, PDF
Final drainage report
Responses to City comments from draft design submittal, PDF
Burnett Ave S Sidewalk Replacement
April 18, 2022
Page 5 of 6
Task 6: Bidding and Construction Support $11,695
This task includes the follow subtasks and estimated hours for budgeting:
Coordination with City and design team (up to 8 hours)
Bidding support (up to 6 hours)
Submittal review for lighting (6 hrs), structural (2 hrs), civil (11 hrs), and landscape restoration
(3 hours) materials.
Design clarifications/Reponses for up to 8 RFIs (up to 36 hrs)
Attendance at 2 site visits/meetings (up to 6 hrs)
Deliverables:
Responses to submittals and RFIs
Design clarifications (if needed)
The contract total for the services described above is $99,991 and includes $1,000 for reimbursable
expenses. See Exhibit B – Fee Determination Worksheet for a breakdown of costs.
Burnett Ave S Sidewalk Replacement
April 18, 2022
Page 6 of 6
4/18/2022
Exhibit B - MIG Fee Determination Worksheet
Project: Burnett Ave S Sidewalk Retrofit, S 4th St to S 5th St
Task Totals
Principal
Senior
Engineer
Engineer
VI Engineer V EIT
Landscape
Architect V
Landscape
Architect III CAD Tech
Office
Manager
Billing Rate 74.52$ 67.31$ 60.58$ 50.96$ 32.69$ 54.81$ 35.58$ 41.35$ 47.13$
Task 1: Project Management
Monthly coordination with Owner (assume 4 hrs/mo X 4 mos design)16
design)16
Progress report/billing (2 hrs/mo X 6 mos total duration)6 6
Schedule coordination 4
MIG Task Hours 48.0 - 42.0 - - - - - - 6.0
MIG Task Labor Dollars 3,109.80$ -$ 2,827.02$ -$ -$ -$ -$ -$ -$ 282.78$
MIG Task Fee (DSC + OH + FF)9,256.63$
Task 2: Aerial Basemap
Develop aerial basemap (by subconsultant)
Review aerial basemap 2 1
MIG Task Hours 3.0 - - - 2.0 - - - 1.0 -
MIG Task Labor Dollars 143.27$ -$ -$ -$ 101.92$ -$ -$ -$ 41.35$ -$
MIG Task Fee (DSC + OH + FF)426.46$
Task 3: Lighting Design
Lighiting design (by subconsultant)
Devleop preliminary lighting design plan 1 1 2 2
MIG Task Hours 6.0 - 1.0 - 1.0 2.0 - - 2.0 -
MIG Task Labor Dollars 266.35$ -$ 67.31$ -$ 50.96$ 65.38$ -$ -$ 82.70$ -$
MIG Task Fee (DSC + OH + FF)792.82$
Task 4: Draft PS&E Documents
Site Visit 4 4
Meetings 2 3 2
Develop draft plans 16 20 40 2 8 40
Draft drainage report 1 2 8
Draft project manual 4 24 2 8 2 8
Draft cost estimate 1 3 6 2
QA/QC Review 6 1
MIG Task Hours 219.0 6.0 24.0 24.0 34.0 68.0 3.0 12.0 40.0 8.0
MIG Task Labor Dollars 10,094.47$ 447.12$ 1,615.44$ 1,453.92$ 1,732.64$ 2,222.92$ 164.43$ 426.96$ 1,654.00$ 377.04$
MIG Task Fee (DSC + OH + FF)30,047.20$
Task 5: Final PS&E Documents (Bid Documents)
Site Visit 2 2
Meetings 2 3 2
Plans 11 20 35 2 8 34
Drainage report 1 1 4
Project manual 2 22 4 8 2 4
Cost estimate 1 2 5 2
Response to City comments 1 2 4
QA/QC Review 6 1
MIG Task Hours 193.0 6.0 18.0 22.0 34.0 60.0 3.0 12.0 34.0 4.0
MIG Task Labor Dollars 8,871.31$ 447.12$ 1,211.58$ 1,332.76$ 1,732.64$ 1,961.40$ 164.43$ 426.96$ 1,405.90$ 188.52$
MIG Task Fee (DSC + OH + FF)26,406.34$
Task 6: Bidding and Construction Support
Bid Support/Evaluation 4 2
Cooridnation with Owner and Team/Meetings/Site Visits 2 5 7
Submittal Review 1 2 8 1 2
RFIs/Design Clarifications 4 6 10 4
MIG Task Hours 58.0 - 11.0 - 15.0 25.0 1.0 2.0 4.0 -
MIG Task Labor Dollars 2,613.43$ -$ 740.41$ -$ 764.40$ 817.25$ 54.81$ 71.16$ 165.40$ -$
MIG Task Fee (DSC + OH + FF)7,779.14$
Direct Salary Cost (DSC) = 25,098.63$
Overhead Cost (167.66%) = 42,080.36$ (% of DSC)
Fixed Fee (30%) = 7,529.59$ (% of DSC)
Subtotal =74,708.58$
Total MIG Direct Salary Cost = 74,709.00$
Subconsultant (Survey - Lin & Assoc) 11,053.00$
Subconsultant (Lighting - Concord) 10,240.00$
Subconsultant (Structural - Lund Opsahl) 1,400.00$
Total subconsultant markup (7%) 1,589.00$
Reimbursbale expenses 1,000.00$
Contract Total =99,991.00$
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615 Second Avenue, Suite 280
Seattle, WA 98104
206.223.0326
www.migcom.com
Exhibit C - Scope of Work
Burnett Ave S Sidewalk Retrofit, S 4th St to S 5th St
May 26, 2022
Project Schedule
The submittal schedule for the project includes two submittals, one each for draft and final design
(bid documents). Survey basemap to will be available 6-7 weeks after contract approval. Schedule
assumes approximately one and a half months design duration for each submittal.
Estimated schedule from contract approval:
Survey basemap complete – late Month 2
Preliminary lighting analysis – mid Month 3
Draft design submittal – late Month 3
Final design submittal – Month 5
Final schedule to be coordinated with City Project Manager and will be dependent on City review
time, coordination with franchise utility providers, and City coordination with adjacent property
owners.