HomeMy WebLinkAboutContract CAG-18-109
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AGREEMENT FOR CONSULTANT SERVICES CEDAR RIVER
TRESTLE BRIDGE REPAIRS
THIS AGREEMENT, dated June 5, 2018, is by and between the City of Renton (the "City"), a
Washington municipal corporation, and BergerABAM ("Consultant"), a Washington
corporation. The City and the Consultant are referred to collectively in this Agreement as the
"Parties." Once fully executed by the Parties, this Agreement is effective as of the last date
signed by both parties.
1. Scope of Work: Consultant agrees to provide professional engineering and construction
administration services for Cedar River Trestle Bridge as specified in Exhibit Attachment
A dated May 25, 2018, 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 Attachment A 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 Attachment A. All Work shall be
performed by no later than April 30, 2019.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $62,600.00, 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 Attachment A, dated May 25, 2018. 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 Attachment A, dated May 25, 2018. 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 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.
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C. The Consultant reserves the right to terminate this Agreement with not less than
sixty 60) calendar days' written notice.
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
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
PAGE 3 OF 10
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 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
PAGE 4 OF 10
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.
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: The 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:
http://www.rentonwa.gov/cros/One.aspx?portalld=7922741&pageld=9824882
Information regarding State business licensing requirements can be found at:
http://dor.wa.Rov/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.
PAGE 5 OF 10
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 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 CONSULTANT
•
PAGE 6 OF 10
Leslie Betlach Scott Branlund, PE, SE
1055 South Grady Way 33301 Ninth Avenue South, Suite 300
Renton,WA 98057 Federal Way, WA 98003-2600
Phone: (425) 430-6619 Phone: (206) 431-2300
Ibetlach@rentonwa.gov Fax: (206)431=2250
Fax: (425) 430-6603
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.
PAGE 7 OF 10
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
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 Leslie
Betlach. 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
PAGE 8 OF 10
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 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.
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
PAGE 9 OF 10
this Agreement shall not be deemed to be a waiver of any prior or subsequent
breach unless it is expressly waived in writing.
N. 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.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF ENTON CONSULTANT
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By: By:
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Denis Law Jo Stockwell, PE,
Mayor Vice President
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Date Date
Attest
Jas-n A.Se'
C' y Clerk
Approved as to Legal Form
Shane Moloney
Renton City Attorney
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PAGE 10 OF 10
ATTACHMENT A
111) BergerAl3AM 33301 Ninth Avenue South,Suite 300,Federal Way,Washington 98003-2600
206%431-2300 • 206!431-2250 Fax • www.abam.com
25 May 2018
Mr.Alan Wyatt
City of Renton, Parks Division
Renton City Hall,Sixth Floor
1055 South Grady Way
Renton,WA 98055
Subject: Proposal for Inspection of the Steel Bridge Truss and Development of Repair
Documents for the Timber Trestle
Dear Mr.Wyatt:
BergerABAM is pleased to have the opportunity to provide this proposal for the inspection of
the Cedar River Bridge steel truss,field verification of timber elements to be repaired to the
timber trestle, development of construction documents for the timber trestle, and verification of
the shoreline slope. Our proposed scope, deliverables, schedule, and fee are described herein.
SCOPE
We have developed our proposal based on our earlier conversations and related email
correspondence.
Task 1 - Project Management/Coordination
Project management will include contract monitoring,budget monitoring, document control,
and our quality assurance/quality control efforts.
Task deliverables—Invoices and project correspondence.
Task 2 -Steel Truss Inspection
We will inspect the steel truss over the Cedar River.Upon completion of the inspection,
BergerABAM will provide the City with a letter report.The letter report will summarize the
findings,provide recommendations, and provide associated repair costs. Also included will be
the field data, including field notes of damage and areas of concern.
In preparation for the inspection,we will review the previous reports,photos, calculations, and
recommendations. Our focus will be to understand existing features to efficiently perform the
inspections. At this time,we will also prepare forms and drawings that we can use to record
field data. In addition,we will prepare an overall inspection plan for the work.
Mr. Alan Wyatt
25 May, 2018
Page 2
Visual and tactile inspection will be used for all members and connections in the steel truss over
the Cedar River,which is suitable for finding gross defects and obvious damage. Access to the
upper chord, portal, and diaphragm members will be with an extension ladder.
We estimate that this inspection will take one day for a two-person crew to complete.
Task deliverables-Draft and final reports with a repair cost estimate.
Task 3 -Field Verify the Scope of Repairs for the Timber Elements
We will field verify the areas of timber trestle that are noted for repairs in the 2017 report and
verify that the shoreline slope has not deteriorated or changed in condition since the previous
inspection.
Included in the field verification of timber elements will be to check on whether there has been
a change in the extent of damage,verify the location of the damaged timber elements to be
repaired, and assess the type of repairs required. Timber elements will be verified by visual
observation and sounding with a hammer.Members that are suspected of having damage
beyond what was previously recorded may be drilled into to determine if fungal decay is
present, and to determine the extent of the decay. A creosote-treated dowel will be inserted into
the drilled hole to prevent water and insect intrusion.
All field preparation for this effort is included in Task 2. We estimate that this will take a few
hours and we will undertake Task 3 upon completion of Task 2.
Task deliverables-Findings from this Task 3 will be included in the report from Task 2.
Task 4 - Stability Evaluation of West Abutment Slope
PanGeo Inc.will conduct a preliminary site visit, and a more comprehensive site visit in
conjunction with BergerABAM personnel while onsite during Task 2. Upon completion of the
site visits PanGeo Inc. will prepare a geotechnical assessment report containing the results of
their observations. See Attachment B for PanGeo's proposed scope of work.
Task deliverables-Report with findings of slope stability.
Task 5 - Development of Timber Trestle Repair Documents
We will develop contract documents(drawings, technical specifications, and general
conditions), and a construction cost estimate for the work of repairing the timber trestle.We
will use the recommendations from the previous 2017 report,which are identified in section 6.1
of that report and observations from our 2018 inspection to determine the type or repairs
required, extent of the repairs, and timber elements to be repaired.Also included in the contract
documents will be a bid alternate for repairs identified in section 6.2 of the 2017 report.
Mr. Alan Wyatt
25 May,2018
Page 3
We plan on a 50 percent, a 100 percent, and a final bid submittal. Included in the 50 percent
submittal will be drawings showing the areas and timber elements to be repaired, an outline of
the technical specifications and a preliminary construction cost estimate. Included in the
100 percent and final submittals will be the repair drawings, full technical specifications, and
construction cost estimate. We assume that the City will provide other portions of the contract
documents.
Task deliverables-Contract documents to include repair drawings, technical specifications, and a
construction cost estimate.
Task 6 - Bid Support and Construction Support Services
The purpose of this task will be to review and respond to construction bid questions and
request for information requests (RFI),review submittals from the contractor, respond to
construction RFIs,perform site visits to observe the construction process, perform a final
walkthrough with the City upon completion of the project, and providing as-built drawings.
As-built drawings will be completed per the contractor red line drawings and RFI's submitted
to the City.
Task deliverables-Responses to construction submittals, construction RFIs, and As-Built drawings;
provide the City with a memo stating observations from engineer site visits during construction;As-Built
Drawings after construction has been completed.
SCHEDULE
We are prepared to undertake this work approximately two to three weeks from receipt of an
executed contract. Once on site,we estimate our inspection will be completed in one day.Upon
completion of field work, our estimated time line to complete the draft report is one to two
weeks;however,we will make our best attempt to finish a draft as soon as possible.
Development of the 50 percent repair documents will take three to five weeks. Upon receipt of
the City's comments, development of the 100 percent repair documents will take two weeks.
Final repair documents will take one to two weeks, assuming that there are no significant
changes to the documents. As-Built drawings will be take two weeks upon construction
completion and receiving the contractors red line markups.
FEE
We propose to perform this work on a time-and-materials basis for a maximum fee of$62,600
(Sixty-Two Thousand Six Hundred Dollars). This fee includes the cost of mobilization,
inspection of the steel trestle,inspection of select timber trestle elements, geotechnical
evaluation of the west abutment slope, development of a report,repair documents for the
timber trestle repairs,construction support and as-built drawings. Since this project is
anticipated to start after the start of our next fiscal year,we have added 4 percent for our 2019
Mr. Alan Wyatt
25 May,2018
Page 4
rates.We will not exceed this fee without approval from the City.We will perform the work in
accordance with our standard terms and conditions(copy attached as Attachment C).
ITEMS EXCLUDED
Our efforts will be limited as follows.
• Contract documents, division zero and one specifications will not be included. It is assumed
that the City will prepare these.
CLOSING
We look forward to providing these inspection services,repair documents and construction
support services.The previous project manager,Louis Klusmeyer,has recently taken a position
within BergerABAM in our Houston office in Texas.Both Garth Nelson and I at our Federal
Way,Washington office will be able and look forward to assisting the City of Renton with this
project and any future projects. Once you are ready to proceed,please sign below to indicate
your agreement to these terms, and email a copy to us. Please call me if you have questions or
require further information.
Sincerely,
7,)‘vh1 6110 -/Lilw?4L
Scott Branlund,PE, SE
Senior Project Manager/Structural Engineer/Diving Officer
CSB:GDN:keh
Attachments
Attachment A—BergerABAM Fee Proposal
Attachment B—PanGeo Inc. Fee Proposal
Attachment C—BergerABAM Standard Terms and Conditions
ACCEPTED BY
CITY OF RENTON, PARKS DIVISION
Signature Name (printed)
Title Date
ATTACHMENT A- PROPOSAL FOR ASSESSMENT SERVICES
Location: Renton,Washington ii BergerABAM
Facility: Cedar River Bridge,Steel Truss Inspection and Trestle Repair Documents
Fee Estimate-BergerABAM(BA)Labor, Subconsultants,and Expenses -25 May 2018
Senior Project Project Senior Senior Comm.
Project Manager Engineer Const. CAD Specialist
Manager Level 5 Specialist Operator
Item $256 $183 $119 $118 $114 $100 Costs
Task 1 - Project Management/Coordination $ 5,060
1.1 Management/Coordination/Document Control 1 1 $ 356
1.2 Client Communications including draft review 2 8 $ 1,464
1.3 Quality Assurance/Quality Control Plan 2 $ 238
1.4 Quality Control Review 8 1 $ 1,578
1.5 Budget Monitoring and Invoicing 4 4 $ 1,424
Task 2 -Steel Truss Inspection $ 7,981
2.1 Existing Document Review 2 2 $ 474
2.2 Develop Inspection Forms and Drawings 2 4 $ 694
2.3 Inspect the Steel Truss 8 8 $ 1,896
2.4 Develop Develop Draft Letter Report 2 16 4 $ 2,816
2.5 Develop Develop Figures with Site Plans 4 8 $ 1,388
2.6 Submit Draft Report 1 $ 119
2.7 Finalize and Submit Letter Report 1 2 1 $ 594
Task 3- Field Verify the Scope of Repairs for the Timber Elements, and Shoreline Condition Verification $ 1,653
3.1 Develop Inspection Forms and Drawings 2 $ 238
3.2 Field Verification and Condition Verification 3 3 $ 711
3.3 Develop Draft Letter Report and Figures 4 2 $ 704
Task 4-Stability Evaluation of West Abutment Slope
4.1 See Subconsultants for costs associate with this task
Task 5- Development of Timber Trestle Repair Documents $24,121
5.1 Develop 50%Drawings 2 24 40 $ 7,928
5.2 Develop 50%Technical Specifications 2 4 $ 638
5.3 Develop 50%Cost Estimate 1 8 $ 1,200
5.4 Submit 50%Repair Documents 2 1 $ 338
5.5 City 50%Review Conference Call 1 1 $ 375
5.6 Develop 100%Drawings 4 20 24 $ 6,140
5.7 Develop 100%Specifications 4 16 2 $ 3,128
5.8 Develop 100%Construction Cost Estimate 1 4 $ 728
5.9 Submit 100%Repair Documents 1 1 $ 219
5.10 City 100%Review Conference Call $ -
5.11 Develop Final Drawings 1 8 4 $ 1,664
5.12 Develop Final Specifications 1 8 1 $ 1,308
5.13 Develop Final Construction Cost Estimate 2 $ 236
5.14 Submit Final Repair Documements 1 1 $ 219
Task 6 -Bid Support and Construction Support Services $19,186
6.1 Bid Support Question and RFI Responses 1 8 $ 1,208
6.2 Construction Support Submittal Responses 2 36 4 $ 5,268
6.3 Construction Support RFI Responses 4 16 $ 2,928
(Assume 10 RFI's total)
6.4 Construction Site Visits(assume a max of 3) 16 $ 1,888
6.5 Construction Site Visit Memos 2 6 $ 1,220
6.6 Project Completion Walk-Through 6 6 $ 1,422
6.7 As-Built Drawings 2 16 24 1 $ 5,252
Total BergerABAM Hours: 36 8 219 59 107 21 414
Subtotal BA Labor(with Overhead &Profit): $9,216 $1,464 $26,061 I $6,962 $12,198 $2,100 I $58,001
Sub-Consultants
PanGeo Incorporated Stability Evaluation West Abutment Slope $4,475
Subtotal Subconsultants: $4,475
Expenses (BergerABAM only)
Mileage= $ 0.545 per mile x 20 miles x 5 day(s)= $55
Meals&Miscellaneous Expenses= $ 25 per day x 2 people x 1 day(s)= $50
Subtotal Expenses: $105
TOTAL COST, ROUNDED: Say: $62,600
PanGE®
i N C
Geotechnical&Earthquake
Engineering Consultants
May 25, 2018
File No. P-5394
BergerABAM, Inc.
Attn: Garth Nelson,P.E.
33301 Ninth Avenue South, Ste. 300,
Federal Way,WA 98003-2600
Subject: Proposal for Geotechnical Services
Cedar River Trail Bridge
Renton,Washington
Dear Mr.Nelson,
This letter presents our proposal to provide geotechnical engineering services to assist in
evaluating the stability of the west abutment of the Cedar River Trail bridge near the
Maplewood City Park in Renton, Washington. The following briefly discusses our
understanding of the project, and our proposed scope of work and fee estimate.
PROJECT UNDERSTANDING
The site is located on the Cedar River Trail east of Renton. The site is on the south side of
the Cedar River near the access point off Monroe Avenue SE. The bridge is a former
railroad bridge that is currently in use as a pedestrian bridge over the Cedar River. The
timber structures of the bridge and its approach trestle were the subject of a 2017
inspection program by ABAM. This inspection found degradation in two of the timber
piles supporting the abutment, and in some of the timbers in the pad supporting the steel
truss bridge. The abutment is located adjacent to a steep slope on the upstream side,
which the Washington State Geological Information Portal
(https://geologyportal.dnr.wa.gov/) indicates is underlain by Oligocene or Eocene
sedimentary rocks. On the downstream side of the abutment may be alluvial deposits of
the Cedar River. We assume the vertical piles supporting the abutment were driven into
the sedimentary rocks. We understand that the City of Renton would like an evaluation
of the stability of the slope and the scour potential at the toe of the slope.
This proposal presents the scope of work for proposed study.
3213 Eastlake Avenue Fast Sane B
Seattle,WA 98102-7127
T.(206)262-0370
1-.(206)262-0374
Proposal for Geotechnical Engineering Services
Maplewood Park Bridge Repair
May 25, 2018
SCOPE OF WORK
Our proposed scope of services is summarized below:
1. Conduct a reconnaissance site visit to make a visual assessment of the quality of
the materials comprising the steep slope area.
Conduct a more comprehensive site visit with representatives of PanGEO and
ABAM, to review on site ABAM's concerns regarding the slope and the strength
of the materials underlying the slope.
2. Prepare a geotechnical assessment report containing the results of our
observations, discussions and conclusions. The report will include:
• A description of surface and subsurface conditions (soil and
groundwater) at the site;
• An opinion regarding general global stability of the slope, an
assessment of the potential risks of future landslides, and an
assessment of the potential risks to the bridge structure;
• Recommendations for options to mitigate the risk of future
instability impacting the bridge.
SCHEDULE AND FEE
We are available to begin work as soon as we receive your notice to proceed. We propose
to complete the geotechnical engineering study on a time and material basis. We estimate
that PanGEO services will require an additional budget of approximately $4,475.
Please call with any questions.
Sincerely,
,9i.,,. )t 0.+•m
) -c[
Stephen H. Evans, L.E.G. W. Paul Grant, P.E.
Senior Engineering Geologist Principal Geotechnical Engineer
P-5394 Maplewood Park Bridge Repair Proposal 2 PanGEO, Inc.
COST ESTIMATE
PERSONNEL&HOURLY RATES
WORK TASK P.Grant Sr.Engr Sr.Geologist Admin./CAD TOTAL TOTAL
DESCRIPTION $170.00 $115.00 $105.00 $50.00 HOURS AMOUNT
Data Review and Preliminary Field Recon 4 4 8 $1,100
On-site Meeting and review 6 6 12 $1,650
Engineering/Report 2 6 8 $970
Meetings 4 4 $680
TOTAL LABOR: P 16 0 16 0 0 P. 0 32 $4,400
LABORATORY TEST SUMMARY:
Est.No. Unit Total ESTIMATED DIRECT EXPENSES:
Test Tests Cost Cost Mileage&Parking $40
Moisture Content $15 $0 Laboratory Testing $0
Grain Size Anal/Hydrometer $150 $0 Field Supplies $35
Atterberg Limits $95 $0 TOTAL DIRECT EXPENSE: $75
Organic Content $30 $0
$0 ESTIMATED SUBCONTRACTOR COSTS:
LABORATORY TOTAL: $0 DrillMob/Demob
Drilling(8 brs @$300/hr)
Piezometr installation
Tax
TOTAL SUB.COSTS: $0
PROJECT TOTALS AND SUMMARY:
Total Labor Cost $4,400
Direct Expenses $75
Subcontractor Costs $0
GRAND TOTAL $4,475
.Ij BergerABAM
BILLINGS
allowance for profit. Project-related expenses are billed at cost or use rate plus 10 percent(10%).
TERMINATION
written notice in the event of substantial failure by the other party to perform in accordance
with the terms hereof through no fault of the terminating party.
unpaid Reimbursable Expenses incurred up to the date of termination,and shall be paid for all
and Client shall pay BergerABAM for its reasonable closing costs,
Revised 12 November 2015 Page 1 of 6
Standarci-Terms-and-Conditiens-(Gentinussi) L BeraABAIVI
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indemnify BergerABAM
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duties that belong to the Client and/or the Construction Contractors or other entities, and does
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performance,techniques,superintendence of the contractor's employees, sequencing of
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contractor alone.
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claim,or liability for injury or loss arising from Client's or BergerABAM's alleged failure to
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Client and BergerABAM.
or liability for injury or loss arising from BergerABAM's alleged failure to exercise site safety
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BergerABAM's prevailing fee schedule and expense reimbursement policy. (The term "any
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negligent misrepresentation, or other acts giving rise to liability.")
P-avisa4-1-2-Niovanzbar-20-1.5 Vaga2.-of-6
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Standard Terms and Conditions(continued)
SUPPORTING SUBCONSULTANTS
BergerABAM works on a continuing basis with a group of selected specialized subconsultants
as required to balance peak staffing requirements and provide specialized expertise for
scheduled workload. BergerABAM reserves the right to make assignments to these firms,
including,but not limited to, routine word processing, drafting, civil and structural
engineering, and environmental work. Work by these firms is performed under the oversight of
the BergerABAM project manager and is subject to BergerABAM quality review. Services
performed by subconsultants will be billed to client by BergerABAM at actual costs plus
10 percent(10%). If requested,BergerABAM will make information on collaborating
subconsultants available for client review.And will provide the records to the City per Paragraph 8 of the Agreement.
LOANED EMPLOYEES FROM AFFILIATE COMPANIES
BergerABAM is a member of The Louis Berger Group,Inc., one of the largest consulting
engineering organizations in the world. BergerABAM reserves the right to supplement in-house
project staff with loaned employees from The Louis Berger Group, Inc. Unless otherwise
specifically defined, any added costs associated with the use of these employees will be handled
internal to BergerABAM and clients will be charged at BergerABAM standard rates for the
grade and/or skill level of employees involved.
BergerABAM will comply with Client's directives in utilizing services of owner-specified
extent permitted by law.
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DATA DOCUMENTS AND RECORDS
BergerABAM shall be entitled to rely upon the accuracy and completeness of all data furnished
by Client to BergerABAM that is used by BergerABAM in providing services under this
Agreement.
instruments of service in respect of the Project.They are BergerABAM's property. Client may
make and retain copies of information for reference in connection with the Project by Client and
Revised 12 November 2015 Page 3 of 6
Standard Terms and Conditions(continued) `) Bet rABAM
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including,but not limited to, Claims involving the completeness or accuracy of any data or
INSURANCE
liability insurance.
Revised 12 November 2015 Page 4 of 6
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PROFESSIONALPRACTICES
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LIABILITY
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cause of action shall be limited as follows: (1)for insured liabilities arising out of BergerABAM's
and (2)for uninsured liabilities,to 50 percent(50%) of the fee earned (not to exceed$1 million)
permitted by law,no shareholder,officer, director,partner,principal,or employee of
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liability.
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Standard Terms and Conditions(continued)
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DISPUTES
Should a dispute arise, Client will continue to pay BergerABAM's regular invoices.No offset or
Revised 12 November 2015 Page 6 of 6