Loading...
HomeMy WebLinkAboutContract CAG-17-030 _.-.._. J�E. l:lry�nt� , ..� w �`� ';i,�°; �`,,,�_.:�5�,;��� -":...r� AGREEMENT F4R HARRINGTQIV AVE NE GREEN CONNECTION STORMWATER RETROFIT PROJECT PHASE 11 CAG-17- 030 THIS AGREEMENT, dated January 12, 2017, is by and between the City of Renton (the "City"j, a Washington municipal corporation, and CHZM Hiil Engineers, INC ("Consultant"), a Washingtan corporation. The City and the Consultant are referred to collectively in this Ag�eement 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 Wo�k: Consultant agrees ta provide engineering services as specified in Exhibi# A, which is attached and incorporated herein and may hereinafter be referred ta as the "Work." 2. than�es in Scoae of Work: The City, without invalidating this Agreeme�t, may order changes to the Work consisting of additions, deletions ar modi�cations. A�y such changes to the Work shall b� ordered by the City in writing and the Campensation shall be equitably adjusted consistent with the rates set farth in Exhibit C ar as athen�vise mutually agreed by the Parties. � 3. Tirne a#Performante: Consultant shall commence performance of the A$reement pursuant to the schedule(sf set forth in Exhibit 8. All Work shall be performed by no later #han August 33., 2018. 4. Compensation: A. Amount. Total compensation ta Consultant for Work provided pursuant to this Agreement shall no# exceed $5�,513, plus any applicable state and lacal sales taxes. Compensation shall be paid based upon Work actually performed accarding to the rate(s)or amounts specified in Exhibit A.The Consultant agrees that any hou�ly ar flat rate charged by it for its Wark shall remain lacked at the negotiated rate{s} unless othen�vise agreed to in writing or provided in Exhibit C. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a resul#of the performance and payment of this Agreement. B. Method of Pavment. On a monthly or no less than quarterly basis duri�g any quarter in which Work is performed,the Consultant shall submit a vaucher ar invaice in a form specified by the City, including a desctiption of what Work has been performed, the name of the persannel performing such Work, and any houriy labor charge rate for Page 1.of 9 such personnel. The Consu{tant shall also submit a final bill upan completion af aU Wark. Payment shall be made by the City for Wark performed within thirty (30) calendar days after receipt and appraval by the appropriate City representative af the vaucher ar invoice. if the Consultant's performance does not meet the requirements of this Agreement, the Consultant wiil correct or modify its performance ta comply with the Agreement.The City may withhold payment for work that does not meet the requirements af this Agreement. C. Effect of Pavment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consul#ant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Anpror�riation af Funds. If sufficient funds are nat appropriated or allocated for payment under this Agreement for any future fiscal period, the City sha11 not be obtigated ta make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement wili terminate upon the completion of all remaining Work for which funds are altocated. No penalty or expense shall accrue to the City in the event this prvvision applies. 5. Termination: A. The City reserves the right to terminate this Ag�eernent at any time, with or withou# cause by giving ten {l0y calendar days' natice ta the Consultant in writing. In the event of such termination ar suspension, al!�nished ar unfinished documents, data, studies, worksheets, models and reparts, or other material prepared by the Consuitant pursuant ta this Agreement shall be submitted to the City, if any are required as part of the Wark. e. In the event this Agreement is terminated by the City,the Consultant shall be entitled to payment for all hours worked ta the effective date of termination,less all payments previously made. If the Agreement is terminated by the City after partiaf 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 violatian or nonperformance of any of the provisians of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. {Vo payment shalt be made by the City for any expenses incurred or wark dane foliowing the effective date af terminatian unless authorized in advance in writing by the City. 6. Warranties And Ri�ht To Use Work Product: Consultant represents and warranCs that Consultant will perform all Work identified in this Agreement in a professiona[ and workmanlike manner and in accordance with al[ reasonable and professianal standards and laws. Compliance with professional standards includes,as applicable,perfarming the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Page 2 of 9 Standard Plans for Road, Bride and Municipal Construction). Professiona! engineers shal! certify engineering pians, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that alt �nal work praduct created for and deliveretf to the City pursuant to this Agreement shall be the ariginal 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, rnodify, and display all fina(worlc product produced pursuant ta this Agreement. The City's or other's adaptation, modification or use of the final work products ather than for the purposes of this Agreement shall be without liability to the Consultant. The provis'sans of this sectian shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall rnaintain accaunts and records, which properly reflect all direct and indirect casts expended and Work p�ovided in the performance of this Agreement and retain such records fo�as long as may be required by applicable Washingtan 5tate records retention laws, but in any event no less than six years after the terrnination of this Agreement. The Consultant agrees to provide access to and copies of any records refated to this Agreernent as tequired by the City to audit expenditures and charges and/or to comply with the Washingtan State Public Records Act (Chapter 42.56 RCW}. The provisions of this section shal) survive the expiration or termination af this Agreement. 8. Public Recarcls Com liance: To the futl extent the City determines necessary ta compiy with the Washington State Public Records Act,Consultant shall make a due diligent search of all records in its possession ar contral relating to this Agreement and the Work, inctuding, but not limited to, e-mail, correspandence, nates, saved telephone messages, recordings,photos,or drawings and provide them ta 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. Cansultant shall indemnify, defend, and hold harmless the City for aU cnsts, including attorneys'fees, attendant to any claim or litigation related ta a Public Recards Act request for which Consultant has �esponsive records and far which Consultan#has withheld records or infarmation contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all recards responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The pravisians of this sectian shall survive#he expiration or termination of this Agreement. 4. Independent Contrattor Relatianshiq: A. i'he 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 Consuitant and the City during the period af the Wark shall be that af an independent contractor, not employee. The Consultant, not the City, shall have the pawer ta control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have na obligatian to work any particular hou�s or particular Page 3 of 9 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. Cansultant 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 warkers at such compensation and such other conditions as it may deem proper, provided, hawever, that any contract so made by the Consultant is to be paid by it alone, and that empioying such workers, it is acting individually and not as an agent for the City. B. The City shall nat be responsible for withholding or otherwise deducting federal income tax or Social Security ar contributing to the State Industria{ Insurance Program,or otherwise assumingthe duties of an employer with respect to Consultant or any employee of the Cansultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual,the Consultant agrees to notify the City and camplete any required form if the Consultant retired under a State of Washingtan retirement systern and agrees ta indemnify any losses the City may sustain through the Cansultant'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 alt claims, demands, actians, suits, causes of action, arbitratians, mediatians, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penal#ies, expenses, attorney's ar attorneys' fees, costs, and/or litigation expenses ta or by any and ail persons or entities, arising from, resulting from,or related to the negligent acts, errors or amissians af the Cansultant in its performance of this Agreement ar a breach of this Agreement by Consultant, except far that portion of the claims caused by the City's sale negligence. Shoutd a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of ag�eement to indemnify against liability for negligence relative to canstruction,alteration,improvement,etc.,of structure or impravement attached to real estate...)then, in the event ot liability for damages arising out of bodily injury to persons or damages to property caused by or resutting from the concurrent negligence of the Cansultant and the City, its afficers, afficials, employees and volunteers, Consultant's liability shatl be only to the extent of Cansultant's negligence. It is furthe� specifically and expcessly unde�stood that the indemnification provided in this Agreement canstitute Cansultant's waive� of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnificatian. The Parties have mutually negotiated and agreed to this waiver. The provisians of this section shalf survive the expiration or te�mination 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 favo� fram any persan, �rm or carporation involved in a contract or transaction. To ensure compliance Page 4 of 9 with the City's Code of Ethics and state law,the Consultant shaif not give a gift of any kind ta City employees or officials. Consultant also confirms that Consultant does not have a business interest ar a close family relationship with any City officer ar emptoyee who was, is, or will be involved in selecting the Cansultant, negotiating o� administering this Agreement,or evaluating the ConsultanYs performance of the Wark. 12. City of Renton Business license: The Consultant shall obtain a Ci#y of Renton Business license priar ta performing any Work and maintain the b�siness iicense in good standing throughout the term of this agreement with the City. Infacmatian regarding acqui�ing a city busi�ess license can be found at: http://rentonwa.�ov/business/default.aspx?id=548&mid=328. Information regarding State business licensing requirements can be found at: http:/ldor.wa.�ov/contentJdoin�businesslre�istermvbusiness/ 13. Insurance: Cansultant shall secure and maintain: A. Commercial general liability insurance in the minimum amaunts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. 8. In the event that Work delivered pursuant to this Agreement either directfy or indirectIy invofve or require Professional Services, Professional Liability, Er�ors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Senrices", for the purpase af this section, shall mean any Work provided by a licensed professional or Work that requires a professianal standard of ca�e. C. Workers' compensatian coverage, as required by the Industrial Insurance(aws of the State of Washington,shal!alsa be secured. D. Commercial Automobile liabilityfor owned,teased,hired or non-owned,leased,hired or non-awned, with minimum limits of$1,aaa,Q00 per accurrence combined single limit, if there wiU be any use of Consultant's vehicles on the City's Premises by or on behalf of the City, beyvnd normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial generaf liability policy on a non-cantributary primary basis. The City's insurance policies shall not be a source fa�payment of any Consultant liability, nor shafl the maintenance of any insurance required by this Agreement be construed to limit the liabitity 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 ta the Gity's review and acceptance, a certi�cate of insurance showing the praper endorsements,shall be delivered to the City before per€orming the Work. G. Consultant shall pro�ide the City with written natice of any policy cancellation,within two (2) business days of their receipt of such notice. Page5of9 14. �elays: Consultant is not respon5ible for delays caused by factors beyand the Consultant's reasonable cantrol. When such delays beyond the Cvnsultant's reasonable control occur,the City agrees the Consuftant is not responsible for damages,noc shall the Consultant be deemed to be in defauit of the Ag�eement. 15. Successors and Assi�ns: 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 madified in writing fram time to time by such party), and given persanally,by registered or certified mail, return receipt requested,by facsimile or by nationally recognized overnight caurier service. Time period far notices shall be deemed to have cammenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to haue commenced on the first business day fallowing transmission. Email and telephone may be used for purposes of administering the Agreement,but should nat be used to give any formal notice required by the Agreement. City of Renton: Consultant: Beth Tan, PE Amy CarIsan 1055 South Grady Way CH2M Hill Engineers, lNC Rentan, WA 98057 1100112th Ave NE, Suite 500 Phone: {425) 430-7247 Bellevue WA 98004 btan@rentonwa.gov Phone:425-233-31.84 Fax: (425)430-7241 Amy.ca�lson@ch2m.com Fax: 425-468-3100 17. Discriminatian Prohibited: Except ta the extent permitted by a �ona fide occupational quaii�cation,the Consultant agrees as follows: A. Consultant, and ConsultanYs agents, employees, representatives, and volunteers with regard ta the Work performed ar to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual arientation or p�efecence, age texcept rninimurn age and reti�ement provisions), hanorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupatianal quaEification in retationship to hiring and ernployment, in emplayment or applicatian 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 emplayment without regard to their race, creed, color, natianal origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shail include, but nat be limited to the fallowing employment, upgrading, demotion or transfer, recruitment or recruitment Page 6 af 9 aclvertising, layoff or terminatian, rates of pay or other forms of cQmpensation and selectian for training. C. If the Consultant fails #o comply with any of this Agreement's non-discrimination provisions, the City shall have the right, at its aptian, 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 Iaws, wo�ker's compensation, and Title VI afthe Federal Civil Rights Act of 1964,and will comply with City of Renton Counci( Resolution Number 4485. 18. Miscellaneous: The parties hereby acknawledge: A. The City is nat responsible to train or pravide training for Consultant. B. Cansultant witl not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and / o� materiais 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 acqu'rre or maintain such at his/ her own expense and, if Consultant employs,sub-contracts,or otherwise assigns the respansibility to perform the Work,said employee/sub-cantractor/assignee will acquire and or maintain such training, �icensing,or certification. E. This is a non-exclusive agreement anc! Consultant is free to provide his/her Work to other entities,so long as there is no interruption or interference wi#h the provision of Work called for in this Agreement. F. Consultant is responsible for his / her awn insurance, including, but not limited to healtF� insurance. G. Consultant is responsible for his/i�er own Worker's Compensation coverage as well as that for any persons employed by the Consultant. 19, Other Provisions: A. Approval Autharitv. 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 behal#of the City or Consultant. B. General Administration and Manasement. The City's project manager is Beth Tan. In providing Work, Consultant shall coordinate with the City's contract manager or his/her designee. Page 7 of 9 C. Amendment and Madification. 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 exhi6its/at#achments ta this Agreement are incorporated by reference anly to the extent of the purpose far which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflirts with the terms in the body of this Agreement or cantains terms that are extraneaus ta the purpose for which it is referenced,the terms in the body of this Agreement sha{I prevail and the extraneous terms shall not be intorporated herein. E. Governin� law. This Agreement shall be made in and shalf be governed by and interpreted in accardance with the laws of the State of Washington and the City of Rentan. Consultant and all of the Consultant's employees shafl perfarm the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Draftin�Effort. This Agreement shall be considered for all purpases as prepared by the joint efforts of the Parties anti shall not be canstrued against one party or the ather as a result of ti�e preparation, substitutian, submissian or ather event of negotiation, drafting or execution. G. lurisd'sctio» 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 tourt farthe State of WashingtoR at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. H. Severabilitv. A court of competent jurisdiction's determination that any provisio� o� part o#this Agreement is illegal or unenforceable shall not cancel ar invalidate the remainder of this Agreement,which shall remain in fulf force and effect. I. Sole and Entire A�reement. This Agreement contains the entire agreement o� the Parties and any representations or understandings, whethe� oral or written, not incorporated are excluded. 1. Time is af the Essence. Time is of the essence of this Agreemen# and each and all of its provisians in which perfarmance is a factor. Adherence to campletion dates set farth in the description of the Work is essentiat to the Consultant's performance of this Agreement. K. Third-PartX Benefciaries. 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 alf duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the parties and no one else. Page 8 of 9 L. Assi�ns and Successors. 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 iegal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed 6y the waiving party. Either party's failure to enfcrrce any provision af this Agreement shall not be a wai�er and shall not prevent either the City ar Consuttant from enforcing that provision or any other provision of this Agreement in the future. Waiver of hreach of any provision of this Agreement shall not be deemed to be a waiver of any priar o� subsequent breach unless it is expressly waived in writin$, 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. C17Y OF RENI'ON C�NSULTANT By: g ,,G��'��. De is Law Amy M Carlson Mayo� Vice President,Area Manager CH2M Hlll Engineers, INC �� �2 z�� _ a a o 1�..,_�..�. Date p�# Attest `�<<������„����►,,,� O F RF ''' � ,•��.� �, �•, `.`��`�,,,,,,��„��,,,,,,rp�''�, Jason A. et , C ; �' ', ' _ � '�, y. ; c�ty cte _ * = S E A _ _ L � _ _ �: �► ; : Approved as to Legal Form '���i����p'�����rt��t��N������``6��0���` '�,,,�°RAr�o sep���.•�`' itt.��t�,�.�r Lawrence 1. Wa�ren Rentan City Atto�ney Agreement Form Updated OS/30/2016 Page 9 of 9 Exhibit A City of Renton Sunset Community Low Impact Development Retrofit Project— Green Connection: Harrington Avenue NE Phase 2: NE8th Street to NE 7t''Street l. eackground The City of Renton completed and adopted the Sunset Community Plan and Planned Action Environmental Impact Statement which evaluated potential impacts of redevelopment in the Sunset area and required infrastructure. As part of this effort the City developed and adopted the Sunset Area Surface Water Master Plan which identifies stormwater improvements to convey,treat, detain and infiltrate runoff from the existing and future land cover conditions. Recommended improvements include the following: • New Storm Drainage mains. � Green street improvements(AKA Harrington Ave. NE Green Connections)along Harrington Ave. NE between NE 16th Street and NE 7th Street at locations that fit with existing and planned future land use in the area to provide enhanced basic water quality treatment and flow control.within the right-of-way.The Harrington Ave NE green connections will consist of permeable sidewalks and rain gardens. • A regional storm water infiltration facility consists of constructing an infiltration/flow control facility for flow control mitigation and a rain garden for providing enhanced basic water quality treatment. This scope of work pertains to the final design of the proposed project which will retrofit pollution generating impervious surface (PGIS)and residential areas in the Sunset Area Community by providing enhanced basic water quality treatment prior to discharging into Johns Creek. The project will install bioretention swales and permeable concrete sidewalk improvements along an existing roadway,taking under consideration utility conflicts and possible future uses of the sites. This scope will prepare final design from 95%design level to construction documents (plans, specifications and construction cost estimate),final technical information report,and services during bidding and construction for a portion of the Harrington Avenue Green Connection between the NE 8th Place and NE 7th Street. 11. DESIGN CRITERIA The City will designate the basic premises and criteria for the design. In addition, design reports and plans,to the extent feasible, shall be developed in accordance with the latest edition of the following documents: 1. Washington State Department ofTransportation/American Public Works Association (WSDOT/ APWA),Standard Specifications for Road, Bridge, and Municipal Construction 2016 edition. 2. City of Renton Transportation Standard Specifications. 3. 2009 King County Surface Water Design Manual (KCSWDM) and City of Renton Amendments to the 2009 KCSWDM. 2012 Low Impact Development Technical Guidance Manual for Puget Sound. Will apply BMPs design update according to the 2016 KCSWDM to the project as practical. 4. Measurements will be in English units. Page 1 of 6 5. Drafting Standards: City of Renton. o Vertical Datum: NAVD 88 o Horizontal Datum: NAD 83/91 III. Design reports and plans, shall be developed in accordance with Tasks 2 and 3 under Grant Agreement Number WQC-2016-Renton-00129. Task 1.Project Management Perform project management, administration, and coordination of work effort involved in all phases and tasks.This task will continue throughout the duration of the project. It will include the work necessary to develop the project management plan, set up financial accounting including subconsultants,develop and implement quality management plan (QMP),overall project coordination with the CITY and project team, and project closeout. Invoices and progress reports will be provided to the CITY on a monthly basis. Monthly progress reports will include a summary of work performed by the CONSULTANT for that period and the work anticipated to be completed in the next period. QA/QC: Consultant shall conduct internal quality control regarding final design, hydraulic modeling and all other tasks. Task 1 Deliverables • Monthly Invoices and progress reports, assuming a 11 month project duration � Monthly phone call or email check-ins with the CITY project manager to report project status Task 2- Hydro/ogic/Hydraulic Modeling & Technical Information Report 2.1 Modeling of L/D facilities&required conveyance improvements CONSULTANT will finalize LID facility models based on the following: 1. Confirm sizing of rain gardens needed to mitigate the cumulative water quality impacts from Harrington Avenue NE.The consultant will delineate the sub basin areas tributary to each rain garden.The drainage area delineation will include tributary roadway as well as sidewalk, driveways, and pervious areas if applicable. 2. Bioretention cells will be sized per the 2012 Department of Ecology(DOE) manual with 2014 ammendment to target filtering 91 percent of the runoff through bioretention media. 3. Conduct modeling in WWHM or approved equivalent models to size each individual bioretention cell. 4. Pervious sidewalk subgrade depth will be modeled to infiltrate 100 percent of rainfall. 5. Determine the required pipe size to convey runoff to and from the rain gardens.These pipes will be designed at a minimum in accordance with the criteria specified in Section 1.2.4 of the King County Surface Water Design Manual. Page 2 of 6 2.2 Drainage Technical Information Report CONSULTANT will update the draft Technical Information Report(TIR)to reflect the hydrological and hydraulic conditions of the proposed LID improvements. Task 2 Deliverables �� Electronic modeling files, including input and output parameters. 2� Documentation of sizing assumptions, methods, and results to be included in the drainage report 3� One (1) hard copy and electronic copy (stamped PDFs of the Final TIR). Task 3. Fina/Design, Construction Documents and Cost Estimate The final design will include three (3) bioretention swales on the east side of the street and pervious concrete sidewalk on the west side of the street on Harrington Ave NE between NE 8th PI and NE 7th Street, and new storm drain conveyance systems. The CONSULTANT will incorporate City comments from the 90%review and lessons learned from the Harrington Avenue NE Phase I project to prepare pre-final construction drawings,technical specifications, special provisions and cost estimate for the CITY's review The CITY will review the pre-final construction documents and provide the CONSULTANT with review comments. The CONSULTANT will review the CITY's pre-final construction document comments and incorporate into the final construction drawings,technical specifications,special provisions and cost estimate. Task 3 Deliverables Final construction document deliverables will include: 1. Three (3) hard copy sets and one (1) electronic copy (pdf) of half size (11"x17" sheets) final construction drawings will be submitted to the CITY at completion. 2. Three (3) hard copy sets and one (1) electronic copy (pdf) of engineer's final cost estimate and final technical specifications will be submitted to the CITY at completion. 3. Three (3) hard copy sets of specifications, and summary of quantities including an engineer's cost estimate for construction will be submitted to the CITY. 4. Electronic files AutoCAD 2011 format at the end of the project. 5. Submittal documents for compliance with the Stormwater Grant. Task 3 Meetings and Site Visits • One (1.5 hour) meeting(2 consultants)with the CITY are assumed for design coordination. • One (1) CONSULTANT site visit will be performed prior to completion of the final construction documents. Task 3 Assumptions • The CONSULTANT will prepare the special provisions using the CITY's format.The CITY uses WSDOT 2016 Standard Specifications.The CITY will be responsible for development of general Div 00 and 01 specifications, supplements, bid form and preparing, printing and distributing to interested bidders the final bid document package. Page 3 of 6 • No further review comments from CITY will be required to complete final design. • The CITY will provide to the CONSULTANT electronic versions of their standard CAD details. • CAD files will be delivered using AutoCAD in 2011 format. • The CITY will be responsible for printing and distributing final contract documents and addendums. • The CONSULTANT will use the Western Washington Hydrological Model,or equivalent,for the hydrologic modeling and facility sizing. Hydrology for conveyance system sizing will be using either the rational method or a single storm event models and utilize Manning's equation for capacity calculations. No tailwater analysis is assumed in this scope. • The drawings for the improvements will use a horizontal scale of 1 inch= 20 feet. Drawings for the project will be full size 22"x 34"and will include the following: o Cover sheet,vicinity map, index (1) o Legend and notes(1) o Survey control and notes sheet(1) o Site Preparation and Erosion and sediment control plan (2) o Site plan (1) o Drainage profiles(1) o Civil/drainage details(3) o Typical Roadway Section (1) o Paving plan (2) o Paving details(2) o Intersection details (3) o Landscape planting plan (1) o Landscape planting schedule, notes and details(2) o Water line plan (2) o Water line notes(1) Task 4. eidding CITY will lead the construction contract bidding process for the Harrington Avenue Phase 2 project. CONSULTANT will provide related bidding services in support of the contract bidding process. The level of effort for this task is based on the following assumptions. • CITY will lead the bidding process and will be responsible for advertisement of the construction contract including all associated fees and required documentation. Page 4 of 6 • CITY will receive questions, comments and inquires from prospective bidders and will forward these to the CONSULTANT for response. CONSULTANT will email responses to bidder questions to the CITY for review and distribution. • CONSULTANT will prepare up to one (1)addenda to be distributed by the CITY, as applicable and necessary. Task 4 Assumptions • Level of effort for this task is limited and is based on the activities described above. Actual level of effort necessary will depend on the number of questions, comments, and inquires received from bidders and may require a contract amendment for additional budget as necessary. Task 5. Services During Construction CONSULTANT will provide Services during Construction (SDC)for the items outlined and defined in the assumption section below.These SDC are intended to assist the CITY to administer the contract for construction, monitor the performance of the construction Contractor,verify that the Contractor's work is in substantial compliance with the contract documents, and assist the CITY in responding to events that occur during the construction. The presence or duties of CONSULTANT's personnel at a construction site, whether as onsite representatives or otherwise, do not make CONSULTANT or CONSULTANT's personnel in any way responsible for those duties that belong to CITY and/or the construction Contractors or other entities, and do not relieve the construction Contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. CONSULTANT and CONSULTANT's personnel have no authority to exercise any control over any construction Contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the construction Contractor(s) or other entity or any other persons at the site except CONSULTANT's own personnel. The presence of CONSULTANT's personnel at a construction site is for the purpose of providing the CITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction Contractor�s). CONSULTANT neither guarantees the performance of the construction Contractor(s) nor assumes responsibility for construction Contractor's failure to perform work in accordance with the construction documents. Task 5 Assumptions The CONSULTANT will provide up to 90 hours of support services during construction as requested by the CITY.The additional services may include but is not limited to the following: • CONSULTANT will attend one (1) chartering Meeting with Z CONSULTANT personnel present, up to 6 hours. • Review submittals, up to six(6) submittal reviews for porous concrete sidewalk, bioretention soil mix, drainage structures, and additional submittal review support as requested. Up to 16 hours. • Prepare written responses to Contractor's Request for Information (RFI)to the City, up to 20 hours. • Prepare up to one (1)construction contract Change Order, up to 8 hours. Page 5 of 6 � CONSULTANT will be available to attend up to four(4)construction meetings or perform construction observation site visits at the request of the CITY, up to 20 hours. � CONSULTANT will provide up to 20 hours of support services by the landscape architectect for support during bidding and for services during construction. • Level of effort for this task is limited and is based on the activities described above.Actual level of effort necessary will depend on the amount of additional support services during construction requested by the CITY and may require a contract amendment for additional budget as necessary. Basis of Scope The following general and task specific assumptions have been made in developing the Scope of Work and Budget for the project.They are listed below. General Assumptions • The CONSULTANT can reasonably rely on the timeliness, accuracy and completeness of the underground utility locates and any other data necessary to accomplish these tasks in a timely fashion. • The CITY will provide consolidated review comments to draft deliverables. The CONSULTANT will provide a written comment response and summary to the client. • The CONSULTANT's ability to meet the schedule is contingent upon timely receipt of survey and any other information from the CITY and or third parties. � No intersection improvement is included for the project between NE 8th Street and NE 7t''Street. • In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the Project, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate Project cost or schedule. Therefore, CONSTULTANT makes no warranty that CITY'S actual Project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates. If CITY wishes greater assurance as to any element of Project cost, feasibility, or schedule, CITY will employ an independent cost estimator, Consultant, or other appropriate advisor. Page 6 of 6 Exhibit B -Time Schedule of Completion Harrin ton Ave NE Pro'ect Phase II -Final Desi n - Pro'ect Schedule Notice to Proceed Februa 2017 Task 2 -Technical Information Report April 2017 Task 3- Final Desi n Ma 2017 Task 4-Service Durin Biddin Jul 2017 Task 5-Service During Construction August 2018 Exhibit C-Cost Estimate Task Descri tion LOE Labor Ex enses LA SUB Price 1 Pro'ect Mana ement 39 $ 5,882 $ - $ - $ 5,882 2 Draina e Re ort 22 $ 2,904 $ - $ - $ 2,904 3 Final Desi n 125 $ 19,999 $ 342 $ 6,544 $ 26,886 4 Services Durin Biddin 8 $ 1,452 $ - $ - $ 1,452 5 Services Durin Construction 70 $ 11,215 $ 300 $ 2,874 $ 14,389 Total 264 $ 41,452 $ 642 $ 9,419 $ 51,513