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HomeMy WebLinkAboutContract CAG-19-362 AGREEMENT FOR PROFESSIONAL SERVICES FOR RON REGIS PARK RESTROOM AND MAINTENANCE BUILDING PROJECT. THIS AGREEMENT, dated December 1, 2019, is by and between the City of Renton (the "City"), a Washington municipal corporation, and Stantec Consulting Services Inc. ("Consultant"), a Washington corporation. The City and the Consultant are referred to collectively in this Agreement as the "Parties." Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide professional design services and construction administration support for Ron Regis Park Restroom and Maintenance Building as specified in Exhibit A, dated November 15, 2019, 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 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 A. All Work shall be performed by no later than March 31, 2020. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $33,339.00, 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 A.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 A. 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. (1) PAGE 2 OF 10 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 manner and in accordance with all reasonable and customarily accepted 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 Consultant shall retain a permanent, irrevocable, non-exclusive, royalty-free license to use any documents, concept, product or process produced by or resulting from the Services by Consultant. 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 (;) PAGE 3 OF 10 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 relative to construction,alteration, improvement,etc.,of structure or improvement attached to real 0 PAGE 4OF10 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.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 perclaim . "Professional Services",for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers' compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. PAGE 5 OF 10 D. Commercial Automobile Liability for owned, leased, hired or non-owned,leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant's vehicles on the City's Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City's insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or in equity. F. Subject to the City's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation,within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant's reasonable control. When such delays beyond the Consultant's reasonable control occur,the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party),and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service.Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON CONSULTANT Alan J. Wyatt, Capital Projects Manager Dave Price 1055 South Grady Way 11130 NE 33rd Place, Ste. 200 Renton, WA 98057 Bellevue, WA 98004 _5 PAGE 6OF1O Phone: (425) 430-6571 Phone: (206)682-3051 awyatt@rentonwa.gov dave.w.price@stantec.com Fax: (425) 430-6603 Fax: (425) 869-1190 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant's agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement's non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous:The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. PAGE 7 OF 10 D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker's Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management.The City's project manager is Alan J.Wyatt. 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. (111) PAGE 8 OF 10 F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County,Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction's determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adhe7erree to completion dates set forth in the description of the Works essential to the'CNsltant'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 es PAGE 9 OF 10 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 RENTON CONSULTANT By: fra By. 2 � fiz Kelly Bey er ve Price, PE, PMP Administrator Principal, Water Sector Lead ��t'!/ fie? December 4, 2019 Date Date Approved as to Legal Form By: .04 Shane Moloney Renton City Attorney Non-standard 1034/659 0 PAGE 10 OF 10 Professional Design Services for a new Restroom and Maintenance Storage Facility for Ron Regis Park Exhibit A Scope of Services Page 1 of 5 Exhibit A Scope of Services City of Renton Parks Planning&Natural Resources Professional Planning&Design Services for a New Restroom Facility for Ron Regis Park Stantec Consulting Services Inc. Project No.200200XXXX The City of Renton(the City) is planning to add a new building to house a new restroom and electrical room and a new Maintenance Storage Facility building to Ron Regis Park, located at 1501 Orcas Avenue SE, Renton,WA 98058.These additions will allow the City to improve the level of its services and maintenance of the park facilities. For this project,the existing maintenance storage building will be demolished, and new buildings will be constructed. 1) a 400 sq.ft. Maintenance Storage will be designed and sited outside of the existing flood plain boundary on the southwest corner of Ron Regis Park,and 2) a new building to house new restrooms and an electrical room.The new restroom/electrical building will be sited a minimum 1-foot above current flood plain elevation, include ADA compliant access and fit within the footprint of the existing maintenance building. Electrical control equipment for the field lighting and irrigation control system will be housed in a separate electrical room within the new restroom/electrical building The following alternatives are being considered by the City: • Demolition of the existing maintenance building and construction of a prefabricated Portland Loo public toilet, and a new electrical/controls enclosure, • Demolition of the existing maintenance building, engineering, design and construction of a new restroom/electrical room Stantec will provide professional engineering and architectural services necessary to perform a feasibility study/alternatives analysis for the restroom and electrical facilities, and to provide design survey and geotechnical services for the restroom and maintenance facilities.A feasibility study for the maintenance building is not required and is not included in the scope of this Work. Further detail is provided in the scope discussion included in this document. Stantec is currently under contract with the City to provide engineering services for the extension of the water and sewer systems at the park. We will review applicable surveys and studies related to extension of the water and sewer systems project and incorporate them into the design of the new Restroom and Maintenance facility project. We anticipate these additions will have minor impact on the design of the water and sewer service extensions and we will incorporate the required changes in the design of both services. The following tasks outline Stantec's approach and scope of services for this project. 11/15/2019 Professional Design Services for a new Restroom and Maintenance Storage Facility for Ron Regis Park Exhibit A Scope of Services Page 2 of 5 Task 100 Project Management Project Management includes work associated with coordination, control, monitoring, scheduling,safety, communication, document control, quality assurance, progress reporting, invoicing required to deliver the project.Stantec will prepare a Project Implementation Plan (PIP)outlining the project objectives, deliverables, and work breakdown structure for delivery of our services. Stantec will also provide quality assurance and quality control for our deliverables which includes peer review of all project deliverables. Documents shall be reviewed for correctness, completeness,and coordination with other documents and between disciplines. Effort for quality control is included with each task. Deliverables: • Project Implementation Plan. Subtask 100.001 Project Schedule A detailed project schedule will be developed and will be used to show the dates to issue the reports and the critical milestones for our services.Stantec will update this schedule periodically(up to three (3) revisions),with input from the City.The proposed schedule is shown in Exhibit B. Deliverables: • Project schedule in PDF format. Subtask 100.002 Monthly Project Progress Reports and Invoicing This task includes monitoring progress of the project against the project's schedule and preparing monthly status reports and invoices. Deliverables: • Status reports and invoices. Subtask 100.003 Project Meetings The following is a list of proposed meetings during execution of the project. • Project Kickoff Meeting Stantec will conduct a kickoff meeting with City staff to review and coordinate the scope of work, deliverables and schedule.Stantec will facilitate the meeting,which will be conducted by teleconference call. Stantec will prepare the meeting's agenda and minutes. Stantec's Project Manager and two technical staff members will attend the meeting. • Alternatives Workshop Stantec will meet with City staff to discuss possible alternatives for the new buildings. The intent of this meeting is to identify/confirm the criteria to be used in the assessment of alternatives evaluated (Task 400). Subtask 100.004 Quality Management Stantec will prepare a Quality Management Plan (QMP) for assuring the quality of the work.The QMP shall include quality assurance/quality control (QA/QC) procedures for project's deliverables. Deliverables: • Project Quality Plan. 11/15/2019 Professional Design Services for a new Restroom and Maintenance Storage Facility for Ron Regis Park Exhibit A Scope of Services Page 3 of 5 Subtask 100.005 Project Specific Health Safety&Environment (HSSE) Plan For any project involving field work or site visits,Stantec team members must complete our Risk Management Strategy Forms and requirements and follow the site-specific safety requirements. Task 200 Review Existing Information Stantec will review the previously prepared reports and studies related to the provision of a new restroom and maintenance buildings and will prepare a list of required updates or additional information needed to meet this project's objectives in accordance with new regulatory requirements.Stantec will submit the list to the City for review and approval. Following the City's review,Stantec will provide written confirmation of required changes and update information contained in the reports accordingly.The following is a list of reports which will be reviewed by Stantec. • Revised Wetland Stream and Delineation Report, 2016 • Geotechnical Investigation Report, 2016 • Flood Plain Assessment, 2017 • Biological Assessment, 2018 • Topographic Survey, 2018 Deliverables: • List of necessary and suggested new information required based on review of existing reports and studies Assumptions: • The extent of effort to obtain new information will be discussed with the City and the effort assumed for the remainder of the tasks in this scope of services will be revised as appropriate. • Stantec will submit update requirements to the City for their review.The City will provide confirmation of the update requirements to Stantec prior to Stantec coordinating for preparing the required updates of the above reports. Task 300 Design Survey Services Stantec will collect topographic information to provide supplemental survey sufficient for construction of both facilities(Maintenance Building and restroom).The topographic survey will include collecting detailed topographic information on physical features that may impact the design of the buildings.These efforts will include establishing vertical and horizontal controls as necessary.Specific activities will include: • Painting the location of known underground utilities using a utility locating service (APS Locates) prior to performing the topographic survey. • Requesting available construction record drawings information from applicable utility companies and agencies. • Establishing horizontal and vertical control for topographic survey. • Performing topographic survey at the proposed new facilities locations.This survey will identify existing surface and subsurface features that may impact design efforts. • Collecting field data and preparing base drawings that reflect the existing topographic information. Right-of-way limits and property lines will be incorporated using the most current available base maps. Deliverables: • Civil 3D CAD Base map drawing with updated topo,as required for design phase. 11/15/2019 Professional Design Services for a new Restroom and Maintenance Storage Facility for Ron Regis Park Exhibit A Scope of Services Page 4 of 5 Subtask 400 Feasibility Study and Facility Concept Development This task includes development of the concept design for the proposed facilities including feasibility of placing a prefabricated modular public toilet, such as Portland Loo,at the park.Stantec will conduct a meeting with City staff and relevant stakeholders,such as Musco Lighting at the beginning of the project to review and finalize the required elements of the facilities as well as required coordination for programming of the ballfield lighting system. Stantec will summarize the desired elements of the facility as discussed during the meeting and share with City staff. Stantec will assess at a desktop level the environmental constraints associated with the alternatives evaluated.The results of this assessment will be one factor used in evaluating the building improvement alternatives. City staff will provide comments/clarification and direction on the required elements as appropriate.Stantec will then proceed to conduct a feasibility study to compare the options for: • Demolition of the existing maintenance building and construction of a prefabricated public toilet, and a new electrical/controls enclosure, • Demolition of the existing maintenance building and construction of a new building to house a new restroom/electrical room. • Measures to address seismic conditions and requirements for the selected facilities This study will analyze the changes that may be required to the existing electrical room and incorporate those requirements in the evaluation of options.The study will include a technical,financial and schedule comparison between above options. Stantec will also prepare concept layout sketches for the restroom/utility building and Portland Loo/Electrical building options and confirm the necessary program elements which can be contained within the existing footprint for the selected option. Stantec will conduct a thorough code analysis to determine the following requirements: • Occupancy classification, • ADA requirements, • Energy,fire,electrical, mechanical, and • City of Renton municipal code requirements. • Permitting/mitigation implications of restroom options As part of this subtask, Stantec will conduct a site assessment of existing site facilities to determine the existing site conditions of the following components and provide an assessment condition narrative. • Electrical, • Irrigation, • Drainage, • Accessibility to the buildings. After submission of the draft technical report summarizing the feasibility study methodology and findings, Stantec will hold a review meeting with City staff to confirm the results of the study and decide on the next steps. Deliverables: • Feasibility Study and Site Analysis Technical Memorandum. Preliminary Concept Sketches, including site plan and elevation views of restroom and electrical facility alternatives. 11/1S/2019 Professional Design Services for a new Restroom and Maintenance Storage Facility for Ron Regis Park Exhibit A Scope of Services Page 5 of 5 • Meetings agendas and minutes • Preliminary Drawing List Assumptions: • The City will provide the as-built drawings of the utilities and facilities as required for this project. • There will be no HVAC required for the new Maintenance Building. No effort for evaluation of options or design of HVAC in the Maintenance Building is included in this scope of services. • No alternatives or concept sketches of the maintenance building will be prepared for the feasibility study. • No fire suppression systems will be required for these new buildings per regional fire and City of Renton officials. No effort for evaluation of options or design of fire suppression systems is included in this scope of services. Task 500 Geotechnical Services Stantec's sub-consultant, Cobalt Geosciences,will perform a limited geotechnical investigation for the new buildings.The purpose of this investigation is to evaluate the shallow soil and groundwater conditions near the proposed maintenance building and provide recommendations for foundation design, earthwork, erosion control,fill suitability, and geologic hazard analysis.Specific activities associated with this task are described in detail in Cobalt Geoscience's proposed scope of services dated October 8, 2019, included as Attachment A-1 to this Exhibit A. Deliverables: • Geotechnical report. Design Services(Not Included in this Scope of Work) Stantec can provide the following services upon selection of a preferred alternative for the desired building improvements. The following tasks describe the scope of these services. However,the full scope and fees for these tasks will be developed after completion of the feasibility study and selection of a preferred project alternative by the City. • Permitting Services • Detailed Design of Facility,Water/Sewer Extensions • Construction Documents,Bidding and Contract Support • Construction Management and Engineering Services During Construction 11/15/2019 < 15 LE <aaas!» ; w )] . K§},,0 L...4 � 222 .\ / ! <2 55 \ j88888 a 11 )\§%§ ): 2\- ° 11 j3e;;/ . }! ) 2 « . : , §� t , . !} i\"\ - ` 2\ I{\ j: , t\ t a§ ‘ - , § $ .a � k } �! 2 . , - rf _ _ ) )3 2f.�/ u. 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II, . ,i ,11 7 � � e €8 I a 3 sReZ x$88 t os , oa 8—f i F aF; 1 ` o4, \ .A11 �/ g� � W 4 1 E"` �V OTh I 1l (F II if) Z 1 1 Exhibit A COBALT Cobalt Geosciences,LLC 1 GEOSCIENCES P.O.Box82243 Kenmore,Washington 98028 October 8, 2019 Mr.Brian Wolf,PE Stantec Consulting Brian.wolf(a)stantec.com RE: Proposal for Geotechnical Investigation Proposed Maintenance Building and Restroom Facility Ron Regis Park Renton,Washington Dear Mr.Wolf, Cobalt Geosciences, LLC is pleased to present this proposal for limited geotechnical services for the proposed accessory structures at the above-referenced location (Property). This proposal includes a scope of work and estimated costs. PURPOSE AND PROJECT UNDERSTANDING The proposed construction includes two new structures within the park. A new maintenance building will be located in the southwest corner of the property. This building will be about 400 square feet in area. Additional construction will include removal of the existing building near the west end of the parking lot followed by replacement with a new restroom in the same footprint. The purpose of this investigation is to evaluate the shallow soil and groundwater conditions near the proposed maintenance building and provide recommendations for foundation design, earthwork,erosion control,fill suitability,and geologic hazard analysis. SCOPE OF WORK Based on our review of the area geology and our understanding of the project,we propose to drill and sample one boring near the location of the proposed maintenance building in the southwestern corner of the park. The boring will extend up to 3o feet below grade depending on the soil density. Data from previous borings (Cobalt and Stantec) will be used as part of our analysis for the restroom facility design. The boring will be logged in the field and subsurface samples will be collected and transported to our office for further examination. The geotechnical report will present our conclusions and recommendations,including foundation design, liquefaction analysis, erosion control, temporary excavations, utility trench and backfill requirements,soil compaction criteria and suitability of the on-site soil for reuse as fill. As noted above, we will utilize boring data from our previous boring and previous Stantec borings for the new restroom structure. PROJECT FEES The total estimated lump sum cost to perform the above described scope of work is$5,800. This includes the cost of a subcontracted driller. www.cobaltgeo.com (206)331-1097 Exhibit A October 8,2019 Page 2 of 6 Reference: Proposal for Geotechnical Investigation ectimate based on our precent knowledge of the assignment. Although believed to be sufficient to PROJECT SCHEDULE A draft geotechnical report can be provided within io business days following our exploration work. The terms and conditions of this agreement are provided below. To authorize Cobalt Geosciences to proceed with the work described above,please sign and return the signature page. If you have questions or need additional information about our proposal, please contact the undersigned. We look forward to serving you on this project. Cobalt Geosciences, LLC Phil Haberman,PE,LG,LEG Principal PH/sc www.cobaltgeo.com (206)331-I097 October9 Exhibit A Pagel-of-6 Reference; 4 SERVICES TO BE PROVIDED AND STANDARD OF CARE. COBALT GEOSCIENCES, LLC. ("COBALT terminate if not accepted within one hundred twenty (12o) days of the date of the Proposal. COBALT fitness for a particular purpose. Both parties agree that no third party beneficiaries are intended by this a TIME AND MATERIALS (T&M) COST ESTIMATE AND SCHEDULE. COBALT GEOSCIENCES will work demands, and other unforeseen circumstances. If schedule or costs are expected to exceed the proposed the situation where COBALT GEOSCIENCES notifies CLIENT in advance that the schedule or the costs arc time so COBALT GEOSCIENCES can complete the work as currently defined;(b)redefine the scope of work to stay within the remaining funds or time; and(c) stop work at a specific expenditure level, with no further obligation or liability to either party except for payment f r work performed 3: PAYMENT.COBALT GEOSCIENCES will submit invoices to CLIENT for the preceding month's services,and a example-marked-Exhibit-A—Payinent-is-due-within-thirty--(-5.0-da3s-of-the-kW0iC-E,-dater unless-CLIENT-notifies COBALT GEOSCIENCES in writing, within ten (io)days of the invoice date, of a dispute with the invoice. CLIENT and COBALT GEOSCIENCES will in good faith attempt to promptly resolve any disputed invoice 0 after tendering seven days written notice to CLIENT,and all reasonable demobilization and other suspension costs will be CLIENT's responsibility. 4, RIGHT OF ENTRY, PROPERTY RESPONSIBILITY, AND HAZARDOUS SUBSTANCES OR CONDITIONS. CLIENT will provide COBALT GEOSCIENCES legal access to and/or obtain permission for COBALT CEOSCIENCES to enter upon all property, whether or not owned by CLIENT, to perform and complete its services.CLIENT warrants that,prior to COBALT GEOSCIENCES beginning the work,it will provide COBALT past or present use of the property,including the nature and existence of any particular man made or natural subsurface conditions,f atures,or substances including without limitation hazardous substances,or hazardous or ultrahazardous conditions on,in,under,adjacent to,or near the property.COBALT GEOSCIENCES may rely upon CLIENT provided documents in performing the services required under this AGREEMENT. CLIENT provided documents will remain property of CLIENT.After use by COBALT GEOSCIENCES,CLIENT provided has been previously agreed. COBALT GEOSCIENCES has responsibility for its own activities on the property including the safety of its employees; it does not assume control of, or responsibility for, the property, the CLIENT agrees that COBALT GEOSCIENCES has no responsibility as a handler,generator,operator,treater, storer,transporter,disposer,or arranger of the transportation and/or disposal of hazardous substances found or identified at the project property.CLIENT further agrees that it shall be responsible for arranging for the 5, LIMITATION OF LIABILITY. CLIENT expressly agrees that to the fullest extent permitted by law, COBALT GEOSCIENCES's maximum liability to CLIENT for any and all claims by CLIENT arising from COBALT GEOSCIENCES's fee for professional services or $5,000, whichever is gr ater. The foregoing limit is in the aggregate for any and all claims asserted against COBALT GEOSCIENCES. In the event CLIENT desires a www.cobaltgeo.com (206)331-1097 October-83-2019 Exhibit A Page-4-of-6 Reference; Proposal-for-Geotechnical-investigation of warra�tort (including negligence) i.. strict liability. or otherwise f,.an. and all inj,.riems claim employees § INDFMMFICATION CLIENT shall indemnify; and hold hamiless COBALT and its out of bodily injury to persons or damage to property to the extent they are caused by COBALT 9, REPORTS, RECOMMENDATIONS, OWNERSHIP OF DOCUMENTS, AND ELECTRONIC DATA. Reports, two: www.cobaltgeo.com (206)331 io97 Oete9 Exhibit A 6 DeF 49 CLIENT or others. Only CLIENT has the right to reject or stop work of any of CLIENT's agents. COBALT days'notice of intent to terminate has been provided;(ii)the notice specifies"for convenience"or the nature of cost plus a termination charge of (5%) of COBALT GEOSCIENCES's total fee not yet earned or $i,000, whichever is greater. ° }ll CERTIFICATION. COBALT GEOSCIENCES shall not be required to execute any certification with regard to issue the certification;ii)COBALT GEOSCIENCES believes that the work performed,tested,or observed meets 44, SEVERABILITY AND SURVIVAL.Any element of this AGREEMENT later held to violate a law shall be void, liability between CLIENT and COBALT GEOSCIENCES shall survive the completion of the cervices and the termination of this AGREEMENT. INTERPRETATIONS AND TIME BAR TO LEGAL ACTION. Interpretations and enforcement f t is www.cobaltgeo.com (206)331 io97 Oste9 Exhibit A Page-6-of-6 Reference; or relating to this AGREEMENT, the parties shall in good faith use their best efforts to settle such dispute, preserve its lien rights at any time entire understanding of the parties concerning the services of COBALT GEOSCIENCES and supersedes all prior negotiations and written agreements between them: Any both-parties. either party without the express written consent of the other, and CLIENT shall not assign any of its legal remedy-in-respent-of-any-onnurrenee-shall-he-nwaiver-of-suc-h-right-Gr-remedy-in-respeet-of-another-onnurrenne sel. (206)331 1097