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HomeMy WebLinkAbout09-26-2011_Council Workshop Packet SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL APPROVAL OF THE AGENDA WORKSHOP ITEMS ~ NO FINAL ACTION WILL BE TAKEN 1. 2012 Budget Discussion 2. Brief review of Council agenda items for the October 3rd Council meeting: a. Centennial Trail Award ATTACHMENT A b. 67th Avenue Phase 3 Contract Amendment ATTACHMENT B c. 67th Avenue Phase 3 Easements & Dedications ATTACHMENT C 3. Miscellaneous Council items ADJOURNMENT To open all attachments, click here Arlington City Council Workshop September 26, 2011 – 7 PM City Council Chambers ~ 110 E. Third City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT A COUNCIL WORKSHOP DATE: September 26, 2011 SUBJECT: Authority to Award the 2011 Centennial Trail Improvements Project DEPARTMENT OF ORIGIN: Public Works Administration ATTACHMENTS: • Bid Package EXPENDITURES REQUESTED: $136,000 BUDGET CATEGORY: Snohomish County Parks ($36,000) and Transportation Improvement Fund (100,000) LEGAL REVIEW: Pending final review by City Attorney DESCRIPTION: Authorization to award construction contract for the 2011 Centennial Trail Improvements Project as long as bidder is qualified and bid amount is less that requested expenditure. HISTORY: The Centennial Trail is a 17.5 mile paved hiking trail that runs on the right-of-way of the Sumas Branch of the former Seattle, Lake Shore and Eastern Railway which connected Seattle with Canada. The Centennial Trail has become a very popular recreational trail for walking, bicycling, hiking, and horseback riding accessible to persons of all levels of physical ability. There are still sections of the trail that remain incomplete; two of these sections include a segment from 168th St to a72nd St and a segment between 3rd St and 4th St. Staff has prepared plans and specifications for completion of the above two trail segments and we are now ready to go to bid using the Small Works Roster. Cost estimate is as follows: Trail Seg 1 $ 72,000 Trail Seg 2 $ 40,000 CM & Testing $ 10,000 Contingency $ 14,000 Total $136,000 ALTERNATIVES: • No action at this time RECOMMENDED MOTION: No Action – Discussion Only. Prepared By: City of Arlington Department of Public Works Engineering Division Centennial Trail Improvements Contract Provisions Project Number P02.339 Issued for Bid September 22, 2011 Approved for Construction __________________________ James X Kelly, PE Public Works Director __________________________ Date September 22, 2011 TABLE OF CONTENTS City of Arlington Centennial Trail Improvements (P02.339) PART I – GENERAL INFORMATION Page Number REQUEST FOR BID I – 1 to I – 2 INSTRUCTION TO BIDDERS I – 3 to I – 5 SCOPE OF WORK I – 6 to I – 8 PART II – BID PROPOSAL BIDDER’S CHECKLIST II – 1 to II – 1 NON-COLLUSION CERTIFICATION II – 3 to II – 3 PROPOSAL FORM II – 5 to II – 7 DEPOSIT OR BID BOND FORM II – 9 to II – 9 PART III - CONTRACT CONTRACT CHECKLIST III – 1 to III – 1 CONTRACT III – 3 to III – 5 PERFORMANCE BOND III – 7 to III – 8 PAYMENT BOND III – 9 to III – 9 INSURANCE COVERAGE QUESTIONNAIRE III – 11 to III – 11 RETAINAGE INVESTMENT OPTION III – 13 to III – 13 TERMS AND CONDITIONS III – 15 to III – 18 PART IV – CENTENNIAL TRAIL SOUTH PLANS PART V – CENTENNIAL TRAIL CENTRAL PLANS PART I GENERAL INFORMATION City Of Arlington Public Works Department 238 North Olympic Avenue  Arlington, WA 98223  360-403-3500 I-1 September 22, 2011 RE: Invitation to Bid Centennial Trail Improvement Project Project Number P02.339 To Small Works Roster Member, The City of Arlington invites your firm, as a Contractor indicating expertise in the category of Asphalt Paving/Sealing on the City of Arlington’s small works construction roster, to submit a proposal for the City of Arlington’s Centennial Trail Improvement Project. A list of all small works roster contractors invited to bid is attached for reference. The work to be performed under this contract shall include construction of two separate segments of Centennial Trail within the City of Arlington. Contractor is to provide all labor, materials, equipment and expertise necessary to complete the following scope: South Trail Segment: Located along 67th Ave NE between 172nd Street and 168th Street. The scope shall include construction of extruded curb, 10’ wide asphalt trail, and realignment of lane striping. The project is located on a major arterial and approved traffic controls shall be employed. Central Trail Segment: Located in Downtown Arlington, between 3rd Street and 4th Street, and in alignment with the existing Centennial Trail. The scope shall include construction of an asphalt trail, landscaping, and asphalt parking strip. Estimated Construction Cost of the entire project is $112,000. All bidders shall perform a site visit prior to submitting their bid. A non-mandatory prebid site walk is scheduled for Wednesday September 28 at 9am. Bidders shall meet onsite at 168th Street and 67th Ave NE at the designated time. All Bidders shall state on the Bid Form they have either attended the site walk, which will be verified against the sign in sheet, or they have visited the site at an alternate time prior to the stated Bid Opening date. Notice is hereby given that sealed proposals will be received by the City of Arlington, at the Permit Center located on the First Floor of City Hall at 238 North Olympic Avenue, Arlington, Washington, 98223, prior to 2:00 PM local time on October 6, 2011, for furnishing the necessary labor, materials, equipment, tools, and guarantees thereof to perform the project stated above. I-2 Plans and specifications may be purchased from the City of Arlington Permit Center, 1st Floor, Arlington City Hall, 238 North Olympic Ave., Arlington, Washington. PDF files on a CD ROM disk can be purchased at the non-refundable cost of $10.00, hard copy prints can be purchased at the non-refundable price of $50.00. Plans and specifications can also be downloaded free of charge from the City’s website at http://arlingtonwa.gov/index.aspx?page+266. Proposals received after the date and time above stated will not be considered. Immediately following the deadline for submission, the proposals will be publicly opened and read aloud in the Arlington City Council Chambers located at 110 East Third Street, Arlington, Washington. Proposals must be submitted on the form provided with the contract documents. All proposals must be accompanied by a certified check, cashier’s check, money order or surety bond payable to the City of Arlington of the value, not less than, five percent (5%) of the total amount bid. Should the successful Bidder fail to enter into such contract and furnish satisfactory performance bond within the time stated in the specifications, the bid proposal deposit shall be forfeited to the City of Arlington. The City of Arlington expressly reserves the right to reject any and all bids, to waive minor irregularities or informalities, and to further make award of the project to the lowest responsible Bidder as it best serves the interest of the City of Arlington. No proposal may be withdrawn after the time stated above, or before Award of Contract, unless said award is delayed for a period exceeding sixty (60) calendar days after the opening of the proposals. Bidders shall contact Cristy Brubaker, Public Works Coordinator, at (360) 403-3503 or Cbrubaker@arlingtonwa.gov for more information. Best Regards, Eric J. Scott, PE Senior Engineer INSTRUCTIONS TO BIDDERS Centennial Trail Improvements (P02.339) II-3 1. Form of Proposal and Signature. The proposal shall be submitted on the form provided by the City of Arlington and shall be enclosed in a sealed envelope marked and addressed as hereinafter directed. The Bidder shall state in words and figures the bid amounts for which the Bidder proposes to supply the labor, materials, supplies, or machinery, and perform the work required by the specifications. If the words and figures do not agree in the proposal, the words shall govern and the figures shall be disregarded. The City of Arlington reserves the right to correct any arithmetic errors. If the proposal is made by an individual it shall be signed and the individual’s full name and address shall be given; if it is made by a partnership it shall be signed with the partnership name by a duly authorized partner, who shall also sign his or her own name, and the name and address of each partner shall be given; and if it is made by a corporation or a limited liability company the name of the corporation or limited liability company shall be signed by its duly authorized officer, officers, or members and the names and titles of all officers or members of the corporation limited liability company shall be given. No proposal or modification by fax or e-mail will be considered. 2. Preparation of the Proposal. Blank spaces in the proposal shall be properly filled. The written text of the proposal must not be changed and no additions shall be made to the items mentioned therein. Conditions, limitations or provisions attached to a proposal will cause its rejection. Alterations by erasure or interlineations must be explained or noted in the proposal over the signature of the Bidder. Alternative proposals will not be considered. No proposal received after the time named or at any place other than the place stated in the Request for Bid will be considered. All bids will be opened and declared to be present at the opening. The City of Arlington reserves the right to waive any informality in any bid, to reject any or all proposals, and to make award to the lowest responsible Bidder as the interest of the City of Arlington may require. Where bonds are required the Bidder shall name in its proposal the surety or sureties who have agreed to furnish said bonds. 3. Questions. Questions shall be submitted in writing to the Project Coordinator, contact information shown below, and be received at least one week prior to the specified bid opening date. Questions received after this date may not be responded to. Responses to questions will be submitted in writing by the City either directly or through addendum; verbal responses shall not be considered official. 4. Project Coordinator Cristy Brubaker, Public Works Coordinator Permit Center City of Arlington 238 North Olympic Avenue Arlington, Washington 98223 360-403-3503 cbrubaker@arlingtonwa.gov 5. Withdrawal of Bid. Withdrawal of the proposal shall be in accordance with Section 1-02.10 of the latest edition of the WSDOT standard specifications. 6. Lowest Responsible Bidder. The low Bidder shall be the responsive Bidder offering the lowest amount for the Total Bid, indicated in the Bid Form. In selecting the responsible Bidder, consideration will be given to the general competency of the Bidder for the performance of the work covered by the proposal, and the Bidder’s financial standing, if requested. To receive favorable consideration, a Bidder must present evidence satisfactory to the City of Arlington that the Bidder and its associates are personally competent to manage the proposed undertaking and to carry it forward to a successful conclusion. Professional integrity and honesty of purpose shall be essential requirements. A showing of adequate financial resources may be requested by the City of Arlington, but will not alone determine whether a Bidder is competent to undertake the proposed work. Each Bidder must furnish a record of past performance and experience in the form required. To this end, each proposal, except as noted below, shall be supported by a statement of the Bidder's experience on the form provided. This form, completely filled out, must be submitted along with the proposal. Incomplete or false statements submitted in connection with a proposal may, at the option of the City of Arlington, be sufficient cause for its rejection. The City of Arlington shall be the final INSTRUCTIONS TO BIDDERS (continued) Centennial Trail Improvements (P02.339) I-4 authority with regard to whether a bid is responsive to the Request for Bid and as to whether a Bidder is a responsible Bidder under the conditions of this bid. 7. Bid Deposit. As a guarantee of good faith, each Bidder shall submit with its proposal an unconditional certified or cashier's check drawn on a solvent state or national bank, or the Bidder may furnish a bond with a company acceptable to the City of Arlington in the sum stated in the Request for Bid and these contract documents, payable to the City of Arlington, said check or bond to be held uncollected until it becomes subject to disposal as herein provided. Any condition or limitation placed upon said check or bond may render it void or non-responsive and may, at the option of the City of Arlington result in the rejection of the proposal under which such check is submitted. If a Bidder to whom an award is made fails or refuses to execute the contract and furnish the required bond, all within the time stated herin, said check or bond and the monies represented thereby shall be and remain the property of the City of Arlington and shall be subject to deposit. The amount thereof is agreed to by the Bidder as liquidated damages due the City of Arlington on account of the delay in the execution of the contract and bond, and in the performance of the work hereunder, resulting from such failure or refusal. The check or bond of a Bidder to whom contract has been awarded will be returned to the Bidder after all of the acts, for the performance of which said check is required, have been fully performed. As soon as the bid prices are compared, the City of Arlington will return the deposits of all except the three lowest responsible Bidders. When the Contract is executed, the deposits of the two remaining unsuccessful Bidders will be returned. The liability of the City of Arlington in connection with the said checks shall be limited to the return of the checks as herein provided. 8. Execution of Contract. A Bidder to whom the award is made shall be presented three official copies of the written Contract with the City of Arlington in the form of Contract attached hereto and shall execute and return to the City of Arlington along with a good and approved bonds as required in the following paragraph, all in accordance with the provisions hereof within seven (7) calendar days of the Notice of Award or such additional time as may be allowed by the City of Arlington. Upon receipt of the signed contract and subsequent signature by the Mayor the City of Arlington will return a copy of the fully executed contract to the Bidder. If a Bidder to whom the award is made fails or refuses to enter into contract as herein provided, or to conform to any of the stipulated requirements in connection therewith, its check, deposit, or Bid Bond shall become the property of the City of Arlington as provided herein, the award will be annulled, and in the discretion of the City of Arlington an award may be made to the Bidder whose proposal is next most acceptable to the City of Arlington; and such Bidder shall fulfill every stipulation embraced herein as if the Bidder were the party to whom the first award was made. A corporation to which an award is made will be required, before the contract is finally executed, to furnish evidence of its corporate existence and of the authority of the officer signing the contract and bond for the corporation to so sign. 9. Performance and Payment Bond. (a) A Bidder to whom contract is awarded shall within the time mentioned in the preceding paragraph furnish performance and payment bonds with a responsible corporate surety or corporate sureties conditioned upon the faithful performance by the said Bidder of all covenants and stipulations in the contract. Said bond shall be in the amount of 100 percent of the Contract Amount, with a Corporate Surety approved by the City of Arlington. (b) The surety or sureties on the bond furnished must be satisfactory to the City of Arlington. The required bond shall be furnished by the Bidder to whom contract has been awarded at its own cost and expense. INSTRUCTIONS TO BIDDERS (continued) Centennial Trail Improvements (P02.339) I-5 10. Address and Marking of Proposal. The envelope enclosing the proposal MUST be sealed and addressed to the Project Coordinator. The proposal MUST be delivered to the address and department listed above by the time stated in the Advertisement for Bid. The time clock located in the department listed above shall be the official time clock. Submittals received after the stated deadline will not be accepted. Delivery by USPS, UPS, FedEx, or other shipping carrier is accepted, however, it must be delivered to the stated department and signed in by the time stated in the Request for Bid. Delivery to any other location or department will not be accepted. The proposal envelope MUST be plainly marked in the upper left hand corner with the following, as listed in the request for bid: Bidder Name: (Fill in) Bidder Address: (Fill in) Project Name: (Fill in) Project Number: (Fill in) Bid Date: (Fill in) Bid Time: (Fill in) All bid submittal items shall be enclosed in the same envelope with the proposal. Refer to Bidder’s checklist 10. Complete Specifications. It shall be the responsibility of the Bidder to verify the completeness of its set of specifications from the Table of Contents therein and neither the City of Arlington nor any of its officers or consultants shall be held responsible for any omissions unless such omission has been called to the attention of the City of Arlington prior to the submission of bids. 11. Corrections, Interpretations and Addenda. Any omissions, discrepancies or need for interpretation should be submitted in writing to the attention of the Public Works Coordinator. Written addenda to clarify questions which arise will then be issued. All addenda to these specifications received by the Bidder must be listed on the space provided on the Proposal Form. All interpretation or explanations of the Contract Document shall be in the form of an addendum and no oral statements by the Owner, Project Manager, or other representative of the Owner shall, in any way modify the contracts Documents, whether made before or after letting the Contract. 12. Submittals. The successful Bidder shall supply construction submittals for approval by the City of Arlington within ten (5) working days after the Execution of Contract. 13. Other. All applicable laws, ordinances, rules, regulations, taxes, and dues of all authorities having jurisdiction over the project shall apply to the Contract throughout. Centennial Trail Improvements (P02.339) I-6 SCOPE OF WORK The work to be performed under this contract shall include construction of two separate segments of Centennial Trail within the City of Arlington. Contractor is to provide all labor, materials, equipment and expertise necessary to complete the below detailed Scope of Work: South Trail Segment: Located along 67th Ave NE between 172nd Street and 168th Street. The scope shall include construction of extruded curb, 10’ wide asphalt trail, and realignment of lane striping in accordance with the plans enclosed in Section 5 of the project manual. The project is located on a major arterial and approved traffic controls shall be employed. Central Trail Segment: Located in Downtown Arlington, between 3rd Street and 4th Street, and in alignment with the existing Centennial Trail. The scope shall include construction of an asphalt trail, landscaping, and asphalt parking strip, in accordance with Sheet C1 enclosed in Section 4 of the project manual. The following items shall be included in the project. If there is a conflict between the following items and the plans, then the following shall govern: 1. Contract time shall begin on the first working day following the 14th calendar day after the date the Contracting Agency executes the Contract. Construction activities shall not begin until Notice to Proceed is issued by the City and all submittals have been reviewed and approved by the City. The project shall be physically complete within 15 business days. Contract time can be extended for adverse weather conditions, in accordance with WSDOT Std Specification 1-08.8. 2. All construction work shall be in accordance with the 2008 City of Arlington Design and Construction Standards, the 2010 WSDOT Standard Specifications, enclosed construction plans, Manual of Uniform Traffic Control Devices, and all documents enclosed and referenced herein. Standards are available on the City, WSDOT, and MUTCD website. 3. Erosion control shall be the sole responsibility of the Contractor for installation and maintenance. 4. All surplus materials exported from the site shall be disposed of at a legal dump site. Contractor shall obtain disposal site permit and provide to the City for acceptance. 5. Materials a. HMA Asphalt shall be Cl ½” PG 64-22. b. Crushed Surfacing Top Course (CSTC) shall be per WSDOT Std Spec 9-03.9(3). c. Quarry Spalls shall be per WSDOT Std Spec 9-13.6. 6. Removable bollards shall be per the details included at the end of this Scope of Work. 7. South Trail Segment a. Limits of work for South Trail Segment shall be marked with orange silt fence prior to construction, to protect existing wetlands. Contractor shall remove fencing after completion of construction. Centennial Trail Improvements (P02.339) I-7 b. Contractor shall provide drainage through trail by installing 6” half-pipe from curb face to curb face, under asphalt trail section. Half pipe shall be 6” sch-40 PVC pipe cut in half lengthways and installed open side down. c. Between station 9+00 and 11+50, i. Contractor shall construct embankment to accommodate increase of roadway width on west side, as shown on plans. ii. Within limits of new pavement and embankment on west side of road, Contractor shall remove topsoil and organics by overexcavating top 12-in of existing soil. iii. Quarry spalls shall be used to buildup edge of embankment at low spot located at approximately 10+00. Due to anticipated saturated soil conditions during construction, quarry spalls shall be pressed into existing soft soil to create a firm level surface to then place gravel base and HMA over quarry spall layer. Compaction shall be at least 95% of the maximum dry density, as determined by ASTM D1557. Quarry spalls shall extend to within 2-ft of finish grade. Contractor shall continue to press quarry spalls into soil until compaction is reached. iv. HMA pavement on west side of roadway shall be 1” thicker than existing pavement thickness. Gravel base shall match depth of existing gravel base. For basis of bid, Contractor shall assume 4” HMA with 6” CSTC. Additional CSTC shall be placed over quarry spall pad to meet specified grades. v. A 1-ft gravel shoulder shall be created beyond the edge of new pavement on west side. Slope to existing grade shall be no steeper than 2:1. 8. Central Trail Segment a. Basis of bid shall assume cut and fill quantities are balanced, except for items identified to be removed. b. Site shall be cleared and grubbed, however existing gravel can remain in place. Low grasses on north end shall remain undisturbed. c. Final alignment of trail shall be determined in field so as to allow for deviations from plan to match existing conditions. Final alignment shall be approved by City prior to pavement placement. d. Trail pavement section shall be 3” HMA over 2” CSTC. e. Site restoration of exposed soil shall be placement of 3” layer of 3-way mulch and hydroseeded with a typical northwest sun mix, at the suppliers specified application rate. 9. In addition to submittals identified in the Contract checklist, the Contractor shall submit the following to the City for approval within 10 working days of receipt of Execution of Contract. a. Traffic control plan b. Material submittals c. Construction Schedule 10. All slopes shall be ADA compliant. a. All pedestrian facilities shall be in accordance with the latest edition of the Proposed Right-of-Way Accessibility Guidelines (PROWAG) guidelines for ADA accessibility. b. Unless otherwise specified on the plans, or directed by the Engineer, cross slopes of walkways shall be a nominal 1.5%. Cross slopes shall not be less than 1% nor exceed 2%. Centennial Trail Improvements (P02.339) I-8 c. Unless otherwise specified on the plans, or directed by the Engineer, longitudinal slopes of walkways shall be a maximum of 5% and not less than 0.5%. d. Maximum slopes shown on the plans represent the maximum ALLOWABLE slopes permitted by current ADA requirements. The Contractor shall take into consideration construction tolerances when placing sidewalks to insure maximum slopes are not exceeded. e. Completed walkways or other hardscape elements that exceed maximum specified slopes or are less than minimum specified slopes shall be removed and replaced by the Contractor at the Contractor’s expense. f. Measurement of slopes shall be performed on the walkable surface and shall not take into consideration the curb elevation. 11. Contractor shall include in their bid, a $5,000 allowance for unforeseen conditions. Allowance shall be in accordance with Section 1-09.6 of the WSDOT Std Specifications. The balance of any unused allowance shall be returned to the City through change order. The following items are to be provided or performed by City of Arlington, or by others paid by City of Arlington. These items shall not be included in the bidding proposal. 1. Right-of-way permit application; 2. Construction Inspection; 3. Initial testing fees paid to laboratories for water quality, backfill compaction, pavement and other required tests (contractor to pay for re-testing if initial testing fails). 4. Notification of Property Owners of Project 5. Removal and relocation of street signs Removable Bollard Detail PART II BID PROPOSAL Centennial Trail Improvements (P02.339) II-1 BID PROPOSAL CHECKLIST 1. PROPOSAL FORMS The Bidder shall submit the following forms, which must be executed in full and submitted with the proposal. □ Proposal □ Deposit or Bid Bond □ Non-Collusion Certificate Centennial Trail Improvements (P02.339) II-2 (This page intentionally left blank) Centennial Trail Improvements (P02.339) II-3 CITY OF ARLINGTON NON-COLLUSION CERTIFICATE STATE OF ) ) ss. COUNTY OF ) The undersigned, being duly sworn, deposes and says that the person, firm, association, co-partnership or corporation herein named, has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in the preparation and submission of a proposal to the City of Arlington for consideration in the award of a contract on the improvement described as follows: Centennial Trail Improvements (P02.339) (Name of Firm) By: (Authorized Signature) Title: Sworn to before me this day of , 20__. Notary Public CORPORATE SEAL: Centennial Trail Improvements (P02.339) II-4 (This page intentionally left blank) Centennial Trail Improvements (P02.339) II-5 PROPOSAL FORM This is the address to which all communications concerned with this bid and contract should be sent: ___________ _______________________________________ Contractor Contractors Registration No. and Expiration Date ___________ _______________________________________ Street Address Federal Tax I.D. No. or Social Security No. ____ _______________________________________ City, State and Zip Code L & I Account Number ____________________________________________ ______________________________________ Phone Fax Unified Business Identity Number ATTN: Cristy Brubaker TO: City of Arlington ADDRESS: 238 North Olympic Avenue Arlington, Washington 98223 PROJECT: Centennial Trail Improvements City Project Number: P02.339 Pursuant to and in compliance with your Invitation for Bid and the Instructions to Bidders and other documents relating thereto, the undersigned has carefully examined the drawings and specifications, as well as the premises and conditions affecting the work, and hereby proposes to furnish all labor and materials and to perform all work as required for construction of the improvements in strict accordance with the contract documents, specifications, and drawings for the amount shown. The following bid amounts shall be lump sum values and include 8.6% sales tax. SOUTH TRAIL BID: $ (This price includes sales tax) (Indicate total amount bid in words) CENTRAL TRAIL BID: $ (This price includes sales tax) (Indicate total amount bid in words) TOTAL BID: $ (This price includes sales tax) (Indicate total amount bid in words) Bidder’s Declaration and Understanding If the undersigned is notified of the acceptance of this bid within sixty (60) calendar days of the time set for the opening of bids, the undersigned agrees to execute a contract for the above work bid in the form of the contract bound in these specifications and to provide a Performance and Payment Bond as required by the specifications. The undersigned further agrees that the bid guaranty accompanying this bid is left in escrow with the City of Arlington; that the liquidated damages which the City of Arlington will sustain by the failure of the undersigned to execute and deliver the above-named contract and surety bond, for any or all units of this bid accepted by the City of Arlington, will be not less than five percent (5%) of the total bid for such unit or units; and that if the undersigned defaults in executing that contract and in furnishing the performance and payment bonds within time frame stated in Instructions to Bidders, then the bid guaranty shall become the property of the City of Arlington who shall be obligated only to refund that portion in excess of the liquidated damages. If, however, this bid or any part thereof is not accepted within sixty (60) calendar days of the time set for the opening of bids or if the undersigned executes and delivers said contract and performance and payment bonds, the bid guaranty shall be returned. _______________________________________________ ______________________________________ Name of Bidder Date _______________________________________________ ______________________________________ Signed By Title Centennial Trail Improvements (P02.339) II-6 PROPOSAL FORM (CONTINUED) ADDENDA Receipt of Addenda numbered and dated below is hereby acknowledged. Addendum No. Dated Addendum No. Dated Addendum No. Dated PRE-BID SITE WALK Bidder shall certify below that they have visited the site prior to the bid due date and fully understand the project parameters along with all site constraints. Select one from the following: Attended Prebid Site Walk on specified date Visited the site on: __________________ PREVAILING WAGES The prevailing wages shall be paid to all workers, laborers, or mechanics. Refer to https://fortress.wa.gov/lni/wagelookup/ApprenticeWageLookup.aspx BID DEPOSIT A Bid Deposit in an amount not less than five percent (5%) of the Total Bid Amount(s) based upon the Lump Sum or Bid Schedule approximate quantities at the unit prices including applicable taxes and in the form indicated on the following pages. Cashier’s Check □ No.: ______________ $ __________________________ Payable to the Owner Certified Check □ No.: ______________ $ __________________________ Payable to the Owner Bid Bond □ No.: ______________ BY SURETY IN THE AMOUNT OF NOT LESS THAN 5% OF THE TOTAL BID Centennial Trail Improvements (P02.339) II-7 PROPOSAL FORM (Continued) If Sole Proprietor, Partnership, or Limited Liability Company: IN WITNESS hereto, the undersigned has set his (its) hand this __________ day of ____________, 20__. ___________________________________________ Signature of Bidder ___________________________________________ Title If Corporation: IN WITNESS WHEREOF, the undersigned corporation has caused this instrument to be executed and its seal affixed by its duly authorized officers this __________ day of __________________, 20_____. Attest: __________________________________________ Name of Corporation _________________________________ __________________________________________ WITNESS Signature of Corporate Officer __________________________________________ Title Sworn to before me this __________ day of ______________________, 20____. _______________________________________________ Notary Public in and for the State of Washington residing at _______________________________________ My Commission Expires ____________________________ NOTE: 1. If the Bidder is a co-partnership, so state, giving the name under which business is transacted and have notarized. 2. If the Bidder is a corporation, this Proposal must be executed by a duly authorized officer, have the Corporate Seal affixed and be notarized. Centennial Trail Improvements (P02.339) II-8 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. (This page intentionally left blank) Centennial Trail Improvements (P02.339) II-9 DEPOSIT OR BID BOND FORM DEPOSIT STATEMENT Herewith find deposit in the form of certified check or cashier’s check in the amount of $ , which amount is not less than five percent of the total bid. SIGN HERE: RETURN OF DEPOSIT , 20__. Received return of deposit in the sum of $ BID BOND KNOW ALL PEOPLE BY THESE PRESENTS: That we, , as Principal, and , as Surety, are held firmly bound unto the City of Arlington , a municipal corporation of the State of Washington, in the penal sum of 5% of total bid amount , for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for: Centennial Trail Improvements (P02.339) according to the terms of the bid made by the Principal therefore, the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee, or if the Principal shall, in case of failure to so do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect, and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED, AND DATED THIS ___ DAY OF __ , 20____. Principal Surety PART III CONTRACT Centennial Trail Improvements (P02.339) III-1 CONTRACT CHECKLIST CONTRACT FORMS All of the following forms are to be executed with this proposal within the time specified in the Instructions to Bidders, except the Certificate of Insurance which is to be provided after the Contract is awarded and prior to the Notice to Proceed. □ Contract □ Performance Bond □ Payment Bond □ Insurance Coverage Questionnaire □ Retainage Investment Option □ Certificate of Insurance Additional submittals, as outlined in the attached contract documents, must be received prior to issuance of Notice to Proceed. Centennial Trail Improvements (P02.339) III-2 This page intentionally left blank Centennial Trail Improvements (P02.339) III-3 CONSTRUCTION CONTRACT THIS CONTRACT, dated this day of , 20__, is by and between the City of Arlington, a municipal corporation of the State of Washington, hereinafter referred to as the CITY, and referred to as the CONTRACTOR. WITNESSETH: That in consideration of the terms and conditions contained herein and referenced and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, and equipment for: Centennial Trail Improvements Project Number P02.339 in accordance with and as described in the plans and specifications referenced herein, the Arlington Design and Construction Standards, and the standard specifications of the Washington State Department of Transportation, all of which are by this reference incorporated herein and made part hereof and, shall perform any changes in the work in accord with the Contract Documents. The CONTRACTOR shall provide and bear the expense of all equipment, work and labor, of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in these Contract Documents except those items mentioned therein to be furnished by the CITY. II. The CITY hereby promises and agrees with the CONTRACTOR to employ, and does employ the CONTRACTOR to provide the materials and to do and cause to be done the above referenced project and to complete and finish the same in accord with the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this contract. Centennial Trail Improvements (P02.339) III-4 III. The CONTRACTOR for himself/herself, and for his/her heirs, executors, administrators, successors, and assigns, does hereby agree to full performance of all covenants required of the CONTRACTOR in the contract. IV. The Contractor has read all of the contract documents and the Project Manual and is fully aware of the scope of work required under this contract V. It is further provided that no liability shall attach to the CITY by reason of entering into this contract, except as provided herein. VI. CONTRACTOR is and shall be at all times during the term of this Agreement an independent contractor. VII. No change, alteration, modification or addition to the CONTRACT will be effective unless it is in writing and properly signed by all parties thereto. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. CITY OF ARLINGTON, WASHINGTON: CONTRACTOR: By By Mayor Margaret Larson Attest: By Kristin Banfield, City Clerk Centennial Trail Improvements (P02.339) III-5 STATE OF WASHINGTON) ) COUNTY OF SNOHOMISH) I certify that I know or have satisfactory evidence that _______________________ is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated this _____day of ________________, 20__ ___________________________________________ Notary Public in and for the State of Washington Residing in __________________________________ My appointment expires________________________ STATE OF WASHINGTON) ) COUNTY OF SNOHOMISH) I certify that I know or have satisfactory evidence that Margaret Larson, Mayor and Kristin Banfield, City Clerk are the persons who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated this _____day of ________________, 20__ ___________________________________________ Notary Public in and for the State of Washington Residing in __________________________________ My appointment expires________________________ Centennial Trail Improvements (P02.339) III-6 This page intentionally left blank Centennial Trail Improvements (P02.339) III-7 PERFORMANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: That whereas the City of Arlington has awarded to (CONTRACTOR), hereinafter designated as the “Principal,” a contract for the construction of the Project designated Centennial Trail Improvements Project Number P02.339 all as hereto attached and made a part hereof, and whereas said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we the principal and (Surety) a corporation, organized and existing under and by virtue of the laws of the State of Washington, duly authorized to do business in the State of Washington, as surety, are held and firmly bound unto City of Arlington , a municipal corporation of the State of Washington, in the sum of: (Total Amount of Contract Sum) Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by those presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above-bonded principal, its heirs, executors, administrators, successors, or assigns shall in all things stand to and abide by and well and truly keep and perform the undertakings, covenants, and terms and conditions in the said contract and shall faithfully perform all the provisions of such contract and shall also well and truly perform and fulfill all the undertakings, covenants, and terms and conditions of any and all duly authorized modifications of said contract that may hereafter be made, at the time and in the manner therein specified, and shall pay all laborers, mechanics, subcontractors, and material suppliers and all persons who shall supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work on their part and shall indemnify and hold harmless the City of Arlington, their officers and agents following the final acceptance of such work, then this obligation shall become null and void; otherwise, it shall remain in full force and effect. Centennial Trail Improvements (P02.339) III-8 And the said surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed hereunder or the specifications accompanying the same shall in any way affect its obligation on the bond, and it does hereby waive notice of any change, extension of time, alterations, or additions to the terms of the contract or the work or to the specifications. IN WITNESS WHEREOF, the parties have executed this agreement this ____________________ day of ____________________, 20___. NOTE: Please type or print below the signatures the names of parties executing this bond, together with official title of each. Approved as to Form City of Arlington ______________________________________ By: __________________________________ Title: _________________________________ Date: _________________________________ Principal: _______________________________ Title: __________________________________ Principal: _______________________________ Title: __________________________________ Principal: _______________________________ Title: __________________________________ Surety: _______________________________ Address: _______________________________ _______________________________ Telephone: _____________________________ _______________________________________ By: ____________________________________ Title: ___________________________________ Centennial Trail Improvements (P02.339) III-9 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we, _____________________________________ as Principal, hereinafter called Principal, and _________________________________________ as Surety, hereinafter called Surety, are hold and firmly bound unto City of Arlington , hereinafter called City, in the penal sum of _________________________________________ for the payment of which sum well and truly to be made, we the Principal and Surety above named jointly and severally bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, by these presents. WHEREAS, The City has requested and the Principal has agreed to perform certain work as described in the CONTRACT, a copy of which is attached hereto and incorporated herein by this reference. NOW, THEREFORE, if the Principal shall pay the full amount of all sums which become due for the said improvements within the time prescribed in the CONTRACT then this obligation shall be null and void upon receipt of a written discharge from the City, otherwise to be and to remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this agreement this ____________________ day of ____________________, 20___. NOTE: Please type or print below the signatures the names of parties executing this bond, together with official title of each. Approved as to Form City of Arlington ______________________________________ By: __________________________________ Title: _________________________________ Date: _________________________________ Principal: _______________________________ Title: __________________________________ Principal: _______________________________ Title: __________________________________ Principal: _______________________________ Title: __________________________________ Surety: _______________________________ Address: _______________________________ _______________________________ Telephone: _____________________________ _______________________________________ By: ____________________________________ Title: ___________________________________ Centennial Trail Improvements (P02.339) III-10 This page intentionally left blank Centennial Trail Improvements (P02.339) III-11 INSURANCE COVERAGE QUESTIONNAIRE NOTE: THIS QUESTIONNAIRE MUST BE COMPLETED AND ATTACHED TO CERTIFICATE OF INSURANCE. For: ______________________________________________________________________________ (Name of Insured) Project Title: Centennial Trail Improvements (P02.339) ______________________________________ Project Owner: City of Arlington ________________________________________________________ Are the following coverage’s and/or conditions in effect? Yes No The Policy form is ISO Commercial General Liability form GC – 2010. If No, attach a copy of the policy with required coverage’s clearly identified The Owner, its officials, officers, employees, consultants, and volunteers are additional insured’s as respects (a) activities performed for the Owner by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises, owned, leased, or used by the Named Insured. Products Completed operation coverage Cross Liability clause (or equivalent wording) Personal Injury Liability Coverage (with employee exclusion deleted) Broad Form Damage with X, C U Hazards included Blanket Contractual Liability coverage applying to this contract or Contractual Liability Coverage applying to this contract Employers Liability - Stop Gap 45 calendar days written notice of cancellation to the Owner Deductibles or SIRS: GL ________ AL _______ Excess _______ Insurer’s Best Rating GL ________ AL _______ Excess _______ This questionnaire is issued as a matter of information. This questionnaire is not an insurance policy and does not amend, extend, or alter the coverage afforded by the policies indicated on the attached Certificate of Insurance. ______________________________________ _____________________________________ Agency/Broker Completed by (type) ______________________________________ ______________________________________ Address Completed by (Signature) ______________________________________ ______________________________________ Name of person to contact Telephone Number Centennial Trail Improvements (P02.339) III-12 This page intentionally left blank Centennial Trail Improvements (P02.339) III-13 RETAINAGE INVESTMENT OPTION In accordance with RCW 60.28.010 the contractor has the option to designate how retained funds are invested. Select one of the following options by checking the appropriate box and filling in the required information.  Savings Account: Please place the retained funds in an interest-bearing savings account. Any interest earned will be paid to the firm indicated below. The retained funds shall be deposited with: Bank Name: _______________________________________________________ Branch:___________________________________________________________ Account Number:__________________________________________________________  Escrow/Investment: Please deliver the retained funds to the bank listed below. The funds are to be placed in escrow or invested in accordance with the attached Escrow Agreement. Any interest earned will be paid to the firm indicated below. Bank Name: _______________________________________________________ Branch:___________________________________________________________ Account Number:__________________________________________________________  Guarantee Deposit: Please deposit the retained funds in a manner selected by the Owner. Any interest earned shall be kept by the Owner. Release of retained funds shall be made in accordance with General Requirements, Section 1-09.9(1). BY: Firm Name:__________________________________________________________________ Signature:______________________________________________________________ Printed Name:________________________________________________________________ Date:_________________________________________________________________ Centennial Trail Improvements (P02.339) III-14 This page intentionally left blank Centennial Trail Improvements (P02.339) III-15 CONTRACT TERMS AND CONDITIONS CONTRACTOR AND CITY AGREE AS FOLLOWS: 1. DEFINITIONS - CITY – City of Arlington. CONTRACTOR – Person(s) or entity referenced in this Terms and Conditions who have the skills, knowledge, and experience to perform the work referenced in this Terms and Conditions. 2. SCOPE OF SERVICES – This Terms and Conditions is a part of the project contract for the purchase of construction services referenced herein. In accordance with Amendments described herein, the City may add other related professional services at its discretion. Payment for these services shall not exceed limits set by the Contract unless authorized in writing by the City. 3. AMENDMENTS – This Contract shall not be altered, changed, or amended except by an instrument in writing executed by the parties hereto. Any changes in the scope of work or compensation shall be mutually agreed upon between City and the Contractor and shall be incorporated in written revisions to this Contract. 5. ASSIGNMENT – This Contract may not be assigned in any manner or by any means by Contractor without the express prior consent of the City. 6. RATIFICATION – Acts taken pursuant to this Contract but prior to its effective date are hereby ratified and affirmed. 7. TERMINATION – This Contract may be terminated by either party upon not less than thirty (30) days written notice. 8. INDEPENDENT CONTRACTOR RELATIONSHIP –The parties intend that an independent Contractor/City relationship will be created by this Agreement. The City is interested primarily in the results to be achieved; subject to paragraphs herein, the implementation of services will lie solely with the discretion of the Contractor. No agent, employee, servant or representative of the Contractor shall be deemed to be an employee, agent, servant or representative of the City for any purpose, and the employees of the Contractor are not entitled to any of the benefits the City provides for its employees. The Contractor will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors or representatives during the performance of this Agreement. Centennial Trail Improvements (P02.339) III-16 9. TIME OF PERFORMANCE – The service of the Contractor is to commence per the terms stated in the Scope of Work. 10. DELAYS AND EXTENSIONS OF TIME – If the Contractor is delayed at any time in the progress of providing services covered by the Contract, by any causes beyond Contractor's control, the time for performance may be extended by such time as shall be mutually agreed upon by Contractor and City and shall be incorporated in a written Change Order to this Contract. Any request for an extension of time shall be made in writing to City. 12. OWNERSHIP OF RECORDS AND DOCUMENTS – All materials, writings and products produced by Contractor in the course of performing this Contract shall immediately become the property of the City. In consideration of the compensation provided for by this Contract, the Contractor hereby further assigns all copyright interests in such materials, writing and products to the City. A copy may be retained by the Contractor. 13. EVALUATION AND COMPLIANCE WITH THE LAW – The Contractor shall have the authority to control and direct the performance and details of the work described herein. The Contractor agrees to comply with all relevant, federal, state and municipal laws, rules and regulations. 14. NONDISCRIMINATION –The City is an equal opportunity employer. In the performance of this Contract, the Contractor will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The Contractor shall ensure that applicants are employed, and that employees are treated during employment without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to: employment, upgrading, demotion or transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and programs for training including apprenticeships. The Contractor shall take such action with respect to this Agreement as may be required to ensure full compliance with local, state and federal laws prohibiting discrimination in employment. 15. GOVERNING LAW/VENUE – This Contract shall be deemed to have been executed and delivered within the State of Washington, and the rights and obligations of the parties hereunder shall be construed and enforced in accordance with, and governed by, the laws of the State of Washington without regard to the principles of conflict of laws. Any action or suit brought in connection with this Contract shall be brought in the Superior Court of Snohomish County, Washington. 16. ATTORNEYS FEES AND COSTS – If any legal proceeding is brought for the enforcement of this Agreement, or because of a dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover from the other party, in addition to any other relief to which such party may be entitled, reasonable attorney's fees and other costs incurred in that action or proceeding. Centennial Trail Improvements (P02.339) III-17 17. LICENSE/PERMITS – All work done pursuant to this Contract is deemed to be engaging in business in the City. Prior to performing work under this Contract, Contractor shall be responsible to obtain all necessary licenses and/or permits required to perform the work associated with this contract. 18. INDEMNIFICATION AND HOLD HARMLESS –Contractor agrees to indemnify, defend, save and hold harmless the City, its officials, employees and agents from any and all liability, demands, claims, causes of action, suits or judgments, including costs, attorney fees and expenses incurred in connection therewith, or whatsoever kind or nature (including patent infringement or copyright claims) arising out of, or in connection with, or incident to, the performance of services pursuant to this Agreement. This indemnity and hold harmless shall include any claim made against the City by an employee of Contractor or subcontractor or agent even if Contractor is thus otherwise immune from liability pursuant to the workers’ compensation statute, Title 51 RCW, except to the extent that such liability arises from the sole negligence of the City. Contractor specifically acknowledges that the provisions contained herein have been mutually negotiated by the parties and it is the intent of the parties that Contractor provide the broadest scope of indemnity permitted by RCW 4.24.115. Contractor is an independent contractor and responsible for the safety of employees. 19. INSURANCE – Including any deletions or additions noted on the Purchase Order, the Contractor shall obtain and keep in force during the entire term of this Contract, liability insurance against any and all claims for damages to person or property which may arise out of the performance of this Contract whether such work shall be by the Contractor, subcontractor or anyone directly or indirectly employed by either the Contractor or a subcontractor. The amount of coverage provided by such insurance shall be not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage and not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage if working in the public right of way. The Contractor agrees to the following requirements relating to insurance coverage: a. Liability Insurance. All liability insurance required herein shall be under a comprehensive or commercial general liability and business, automobile policy or policies. The City shall be named as an additional insured with respect to all such policies and copies of all such policies shall be furnished to the City upon request. b. Worker's Compensation. The Contractor shall take out and maintain during the life of the Contract, Worker's Compensation insurance for all its employees engaged in work under or pursuant to this Contract who are required to be so covered by the laws of the State of Washington and in case any work is subcontracted, the Contractor shall require the subcontractor to provide worker's compensation insurance for all of its employees unless or to the extent that such employees are covered by the protection provided by the Contractor. c. Employment Security. The Contractor shall comply with all employment security laws of the State of Washington, and shall timely make all required payments in connection therewith. 20. NOTICES – All notices which are given or required to be given pursuant to this Contract shall be hand delivered or mailed postage paid to the City contact listed on the Instructions to Bidders. Centennial Trail Improvements (P02.339) III-18 22. LIQUIDATED DAMAGES – Liquidated damages shall be assessed in accordance with WSDOT Std Specification 1-08.9. PART IV CENTENNIAL TRAIL SOUTH PLANS PART V CENTENNIAL TRAIL CENTRAL PLANS Gravel Parking Lot is currently partially paved. Contractor shall pave remaining portion with 3" HMA and 4" CSTC. Swale shall extend to existing catch basin. CB shall be lowered to be 12" above invert of swale, for overflow. CENTRAL TRAIL SEGMENT 3" HMA Removable Bollards shall be per detail in Scope of Work City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT B COUNCIL WORKSHOP DATE: September 26, 2011 SUBJECT: HDR Engineering Contract for 67th Avenue Reconstruction Project Phase III, Supplement #6 DEPARTMENT OF ORIGIN: Public Works Administration ATTACHMENTS: • Scope of Work and Fee estimate EXPENDITURES REQUESTED: $66,085.99 BUDGET CATEGORY: Transportation Improvement and STP Grant LEGAL REVIEW: Pending final review by City Attorney DESCRIPTION: The City has contracted with HDR Engineering for design for Phase III reconstruction of 67th Avenue. There are nine additional Right-of Way parcels than what was estimated in the original scope and fee estimate. HISTORY: In May of 2009 Council authorized staff to contract with HDR Engineering for Completion of a 30% design for Phase III reconstruction of 67th Avenue NE from 204th Street NE to Olympic Avenue and West Avenue; after the completion of the 30% design, the City extended the contract to include final design (100%) in September of 2010. As part of the final design, the City has to prepare a Right-of-Way acquisition program in accordance with WSDOT regulations. The original proposal for final design estimated acquisition of ROW from 10 parcels – final design has ROW required from 19 parcels. Supplement #5 provides a scope and fee needed to accommodate the extra nine parcels. ALTERNATIVES: • Remand to staff for additional information • Table pending further discussion RECOMMENDED ACTION: • Presentation only, no action will be taken. September 19, 2011 James X. Kelly 238 N. Olympic Avenue Arlington, WA 98223 Re: 67th Ave NE Phase III Supplement Request Dear Jim, Per our discussion, this letter documents key project schedule and budget on the 67 required to address these issues was not anticipated in our scope of services and is being documented here to justify our recent request for ad and their impacts are described below: Issue 1 – BNSF Easement Negotiations • It is desirable to obtain an BNSF property adjacent to the trail. the trail and road. • Pursuing this easement has been difficult and time consuming. declined our request without reviewing the merits of our proposal, stating that their new policy was to • We still made several attempts since it provided the preferred project outcome with no apparent negative consequence to BNSF. them in a discussion about the merits of our proposal • As a last resort, you contact with our efforts to engage BNSF. This now discussing the project with us. analyze how future rail expansion may or may not be restricted if they do grant this easement. This has required us to provide preliminary designs for various track alignments which was not considered a part of the origina estimate. The related work has significant impact on the project design budget answer from BNSF. Issue 2 – ROW Agreements 67th Ave NE Phase III Supplement Request #6 Per our discussion, this letter documents key project issues impacting our scope, schedule and budget on the 67th Ave NE Phase III project. The extra time and effort required to address these issues was not anticipated in our scope of services and is being documented here to justify our recent request for additional fee. The key issues and their impacts are described below: BNSF Easement Negotiations It is desirable to obtain an easement from BNSF to extend a retaining wall on BNSF property adjacent to the trail. The less desirable alternative is Pursuing this easement has been difficult and time consuming. Initially, BNSF declined our request without reviewing the merits of our proposal, stating that their new policy was to reject any request for easements parallel to their rail lines. still made several attempts to get BNSF to review and consider our proposal since it provided the preferred project outcome with no apparent negative consequence to BNSF. Unfortunately, BNSF ignored all our attempts m in a discussion about the merits of our proposal. contacted Congressman Rick Larson to request his support with our efforts to engage BNSF. This led to a positive outcome and now discussing the project with us. As a result, BNSF has required that we analyze how future rail expansion may or may not be restricted if they do grant has required us to provide preliminary designs for various which was not considered a part of the original scope and fee related work has been very time consuming and has had a significant impact on the project design budget. We still do not have a final issues impacting our scope, The extra time and effort required to address these issues was not anticipated in our scope of services and is The key issues easement from BNSF to extend a retaining wall on The less desirable alternative is to realign Initially, BNSF declined our request without reviewing the merits of our proposal, stating that to their rail lines. our proposal since it provided the preferred project outcome with no apparent negative attempts to engage to request his support a positive outcome and BNSF is required that we analyze how future rail expansion may or may not be restricted if they do grant has required us to provide preliminary designs for various l scope and fee had a e still do not have a final Page 2 • The project requires right of way agreements from 19 property owners. City council has directed us to leave condemnation out of the process and attempt to amicably negotiate all agreements with property owners. We discussed this approach with city staff and noted that it could result in a more costly, and time consuming acquisition effort. • The project team has spent the last five months pursuing right of way agreements. Unfortunately, there are six property owners that have refused to sign an agreement and/or have made requests for compensation that exceed the appraised impacts to their properties. These owners include the Myricks, the Alspachs, the Taylors (Marion), the Bradleys, STC Properties, and Twin City Foods. • Without condemnation authority, there is no legally mandated end to the negotiations, and we are forced to continue negotiating until the property owners are completely satisfied. This open-ended process requires a significantly increased effort on the part of our right of way agents. It also increases the city’s compensation to property owners in order to satisfy property owner requests. Issue 3 – Changes to FHWA Reporting Requirements • Recent FHWA staff changes have resulted in a more strict interpretation of right of way regulations. In response WSDOT has revised many of their right of way procedures. WSDOT and FHWA require that our project use these new procedures. The end result for local agencies is considerably more time spent documenting discussions and negotiations by right of way staff. FHWA has also severely restricted right of way actions that can be performed by City staff, requiring cities to increase hours for certified consultant right of way agents. Issue 4 – Utility Potholing • The City requested that the sanitary sewer trunk line adjacent to 67th Ave NE be upsized as a part of the project. We have been able to absorb the additional design fees, but will need to subcontract for the potholing of existing utilities. Issue 5 – Retaining Walls and Street Amenities • In order to facilitate discussions with the Council, we were asked to prepare Council presentations showing options for retaining wall design and street amenities (benches, trash receptacles, bike racks, etc.). Our scope of services assumed a standard cast-in-place concrete wall and City Standard street amenities. The key issues discussed above have significantly increased our level of effort with respect to BNSF coordination, ROW acquisition tasks, utility design, and wall and street amenities appearance. Our current design budget is not sufficient to absorb this extra Page 3 level of effort. I would appreciate the opportunity to discuss a fee supplement with you to cover these extra project costs. The table below highlights the work, value and completion date of the original contract and contract supplements for the project to date. Supplement # Amount Work Authorized Completion Date Original Contract $558,566.29 30% Design 12/31/2009 1 $66,319.17 Trail Alternatives Analysis 6/30/2010 2 $0.00 Scope change for new trail alignment 12/31/2010 3 $570,629.46 Final Design 9/30/2011 4 -$13,483.06 Air-Noise Analysis; credit of remaining 30% fee to City 9/30/2011 5 $45,773.21 Increase right of way parcels from 10 to 19; add constructability review 9/30/2011 6 (pending) $66,085.99 Increased right of way negotiations, phasing analysis, BNSF alignment shift, Council presentations 6/30/2012 Sincerely, Eric Dawson, PE Project Manager Enclosures cc: Cristy Brubaker, City of Arlington Eric Scott, City of Arlington Rob Gorman, HDR Attachment A, Scope of Services Supplement 6 Page 1 Attachment A 67th Avenue Phase III Reconstruction City of Arlington, Washington Supplement 6 Scope of Services Introduction During the term of this Supplement, HDR Engineering, Inc., (CONSULTANT) will perform professional services for the City of Arlington (CITY) in connection with the 67th Avenue Phase III Reconstruction Project (PROJECT). This Scope of Services will be used to plan, conduct, and complete the work on the PROJECT as described herein or as amended by additional supplement between the CONSULTANT and CITY. This supplement addresses the need for additional right of way services, additional coordination with BNSF, utility potholing, and Council Presentations. Task A - Project Management 1. Meetings and Project Reporting Progress meetings with the CITY will be conducted on bi-weekly basis. CONSULTANT will provide the CITY with an agenda before each progress meeting. CONSULTANT will be responsible for taking minutes at progress meetings and will supply the CITY with a copy of the meeting notes. CONSULTANT will prepare and submit a Progress Report with each invoice. The Progress Report will summarize: • Work accomplished during the billing period • Work planned during the next billing period • Meetings attended • Issues encountered and recommendations for addressing issues • Potential impacts to scope, schedule or budget Monthly invoices for work completed will be submitted to the CITY. CONSULTANT will discuss project issues or potential project issues, and will present alternatives or make recommendations to address the issues. An Earned Value Worksheet will be updated and submitted by CONSULTANT with each invoice. The purpose of the Earned Value Worksheet is to help effectively manage and track schedule and budget. An assessment of the percentage of work completed for each task will be made by CONSULTANT for each invoice. Assumptions: • Project duration for this supplement will be 7 months • 14 1-hour progress meetings will occur (4 in-person, 10 conference call) Attachment A, Scope of Services Supplement 6 Page 2 Deliverable(s): • Monthly invoices and progress reports (1 hard copy) • Meeting minutes from progress meetings (1 electronic PDF copy) 3. Sub-Consultant Management It is the responsibility of CONSULTANT to manage the consultant team. Subconsultants will report directly to CONSULTANT for PROJECT direction and management. CONSULTANT will: • Establish, maintain, and administer agreements with subconsultants, and ensure contractual requirements are met. • Provide regular direction to CONSULTANT team. • Conduct internal coordination meetings between PROJECT team members as appropriate to control the work. • Monitor the planned versus actual rate of expenditure and progress for each Task and take corrective actions, if and when necessary. • Inform the PROJECT team of issues to be resolved, the schedule for resolution, and the potential impacts to the successful completion of the PROJECT. • Monitor in-house and subconsultant work for adherence to scope, schedule, budget, and quality standards. • Manage integration of the Subconsultant’s work. • Monitor and confirm that PROJECT work is being performed and prepared in compliance with the stated PROJECT standards. • Verify that the documents and electronic files generated for the PROJECT are being documented and retained in PROJECT files consistent with CITY and CONSULTANT requirements. Task G - Right of Way Consultant will provide the following right-of-way services General Right of Way Assumptions: • CONSULTANT will follow the Uniform Relocation Act, WSDOT LAG manual guidelines, applicable State and local laws and CITY administrative rules for right of way acquisition and real estate services provided for this project. The WSDOT regulations have recently changed due to stricter interpretation of Uniform Relocation Act regulations by FHWA, necessitating additional reporting effort. • Condemnation may be pursued on two parcels if elected by the CITY. CONSULTANT involvement in the condemnation process will be considered extra work. 3. Appraisal, Appraisal Review and Appraisal Management • Up to three additional appraisals will be provided 4. ROW Acquisitions and Negotiations Attachment A, Scope of Services Supplement 6 Page 3 • If after a maximum of four (4) additional meaningful contacts (meaningful contact being an in-person meeting or detailed phone conversation, email or written correspondence with landowner) with each of the 10 remaining property owners who have yet to sign property agreements have been made without reaching settlement then CITY and CONSULTANT agree to meet and develop an appropriate acquisition strategy for any unsettled parcel. Task H - Public Involvement 2. Public Open House A. Meeting Logistics Supplement 3 authorized one additional open house. That additional open house will not be held and budget reallocated to Task G. A project fact sheet will be prepared that can be posted on the project website but also mailed to interested stakeholders and nearby property owners announcing the final design, explaining how past input was used to shape the final design and the process since the last public meeting to develop the final design. Assumptions: • CONSULTANT will coordinate printing of fact sheet, to be paid for directly by the CITY Deliverables: • Draft and final project fact sheet (1 hard copy and 1 electronic PDF copy each) 3. Stakeholder Interviews At the CITY’s request, stakeholder interviews authorized in Supplement 5 will not be performed and are removed from the scope as part of this supplement. Budget associated with this task is being reallocated to Task S. Assumptions: • No specific stakeholder interviews will be performed. Right of way negotiations are accomplishing the data gathering previously assumed for the stakeholder interviews. Deliverables: • None Task J - BNSF Coordination 1. Coordination Activities A. Provide 2 conceptual track expansion layout options for BNSF consideration. B. Provide conceptual layout of 67th Ave NE Phase III project alignment shift if BNSF easement near 211th Pl NE is not granted. Attachment A, Scope of Services Supplement 6 Page 4 Assumptions: • Track layout concept requirements to be provided by BNSF • Right of way plans will be not be impacted by the alignment shift at 211th Pl NE Deliverables: • Exhibit with plan and section view of BNSF track layout (1 PDF copy) • Roll plot of 67th Ave NE shifted to avoid BNSF property (1 PDF copy) Task P - Structures 3. Council Presentations A. Prepare two Powerpoint presentations for City Council showing wall design options and street amenities Assumptions: • Presentation of Powerpoint to be done by the CITY Deliverables: • Powerpoint presentation showing wall design options (1 electronic copy) • Powerpoint presentation showing street amenities options (1 electronic copy) Task S - Plans, Specifications, and Estimate 1. Plans • CONSULTANT will analyze phasing the project into two separate construction projects. One phase will construct only the Centennial Trail and the second phase will construct the remaining items. 3. Estimate • CONSULTANT will prepare a conceptual level cost estimate of the two construction phases 6. Driveway/Edge Conditions Design • CONSULTANT will prepare design alternatives to assist the CITY in determining whether or not to grant property owner requests for various design changes. Two design alternatives will be prepared for 10 parcels, for a total of 20 alternatives. Assumptions: • None Deliverables: • Roll plot of 67th Ave NE showing phased construction (1 PDF copy) • Conceptual level construction cost estimates for phased construction (1 PDF copy) Attachment A, Scope of Services Supplement 6 Page 5 • Up to 20 Exhibits for property owner requests (1 PDF copy) Task W - Constructability Review A constructability review has been performed on the 60% design submittal. Based on the results of the 60% constructability review, no further constructability review will be necessary on the 90% submittal as authorized in Supplement 5. Unused budget for this task is being shifted to Task S as part of this supplement Assumptions: Deliverables Supplement 6 Project Name City of Arlington 67th Ave. Phase III Reconstruction Extra Work Firm:HDR OH Rate:164.22% Fee Rate:30.0% Fee Estimate Labor Category (Hours)65.97 44.75 40.5 32 54.81 61.85 67.12 38.47 26.39 26.52 38.37 Rob Gorman Eric Dawson Todd Livingston Brian Gardner Cary Stewart Rob Richardson Jim Prossick Teresa WeaverCarleen BrunelleMaureen Finn Liya Huang- Bardley Work Element Title Pr i n c i p a l Pr o j e c t Ma n a g e r Pr o j e c t En g i n e e r De s i g n En g i n e e r Sr . Pr o j e c t En g i n e e r Sr . Pr o j e c t En g i n e e r RO W Ma n a g e r Sr . R O W A g e n t RO W Te c h n i c i a n Ad m i n i s t r at o r Se n i o r Ad m i n i s t r at o r To t a l s SCOPE OF SERVICES Task A Project Management 1 Meetings and Project Reporting 2 24 1 18 45 2 Schedule 2 2 3 Sub-Consultant Management 6 6 0 Total Task hrs 2 32 0 0 0 0 0 0 0 1 18 53 amount 131.94 1,432.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 26.52 690.66 $2,281.12 Task G Right of Way 1 ROW Acquisitions and Negotiations 24 160 16 200 0 Total Task hrs 0 0 0 0 0 0 24 160 16 0 0 200 amount 0.00 0.00 0.00 0.00 0.00 0.00 1,610.88 6,155.20 422.24 0.00 0.00 $8,188.32 Task J BNSF Coordination 1 Agency Coordination 8 8 2 Track Layout Options 1 4 16 8 29 3 BNSF Alignment Shift 16 40 40 96 0 Total Task hrs 1 28 56 48 0 0 0 0 0 0 0 133 amount 65.97 1,253.00 2,268.00 1,536.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $5,122.97 Task P Structures 1 Wall Design Options 16 8 8 32 2 Council Presentation 1 8 4 2 15 3 Amenities Options and Council Presentation 12 4 16 0 Total Task hrs 1 36 8 4 0 12 0 0 0 2 0 63 amount 65.97 1,611.00 324.00 128.00 0.00 742.20 0.00 0.00 0.00 53.04 0.00 $2,924.21 Task S Plans, Specifications, and Estimate 1 Phasing Analysis 2 20 16 20 58 2 Phasing Cost Estimate 8 8 6 22 3 Project Delays/Start-Stop 16 16 20 52 4 Driveway/Edge Conditions Design 52 24 16 92 0 Total Task hrs 2 96 64 62 0 0 0 0 0 0 0 224 amount 131.94 4,296.00 2,592.00 1,984.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $9,003.94 Grand Total Project Hrs 6 192 128 114 0 12 24 160 16 3 18 673 Grand Total Project Amount $395.82 $8,592.00 $5,184.00 $3,648.00 $0.00 $742.20 $1,610.88 $6,155.20 $422.24 $79.56 $690.66 $27,520.56 395.82 8592 5184 3648 0 742.2 1610.88 6155.2 422.24 79.56 690.66 27,521 26112.2454 384492 209952 116736 0 45905.07 108122.2656 236790.544 11142.9136 2109.9312 26500.6242 1,167,864 Total labor cost for Right of Way 8,188.32 143,499.86$ overhead 42,657 Overhead Rate 164.22%13,446.86 222,424.783 #REF! Total Direct labor and overhead 21,635.18 #REF!total 70,177 Fee Rate on Direct labor 30%2,456.50 Sub-Total Extra Work Right of Way 24,091.68 222,424.783 direct Exp 2,490 Mileages 1,000.00 1,000 Total labor cost and Direct Exp for ROW 25,091.68 3,490 total 73,668 Total labor cost for Design 19,332.24 143,499.86$ fee 81,971 Overhead Rate 164.22%31,747.40 222,424.783 #REF! Total Direct labor and overhead 51,079.64 #REF!profit 8,303 Fee Rate on Direct labor 30%5,799.67 10.13% 56,879.32 222,424.783 Utility Potholing (APS)9,115.00 Sub Total Extra Work Design 65,994.32 91,085.99 Subconsultant Fees Appraisal NW ($4,000.00) EnviroIssues ($12,140.80) Tim Ryan ($900) Bill Ott ($7,959.20) Sub-Total ($25,000.00) Total Supplement #6 $66,085.99 City of Arlington Council Agenda Bill AGENDA ITEM: ATTACHMENT C COUNCIL WORKSHOP DATE: September 26, 2011 SUBJECT: 67th Avenue – Easements & Dedications DEPARTMENT OF ORIGIN: Public Works – James Kelly ATTACHMENTS: • Payment Voucher and Acquisition Documents for the following properties: o S & S Diversified o Sturgeon EXPENDITURES REQUESTED: $35,982.00 BUDGET CATEGORY: Transportation Improvement Fund (reimbursed through the 67th Ave STP grant) LEGAL REVIEW: Pending final review by City Attorney DESCRIPTION: ROW acquisition documents for the Sturgeon Property and the S&S Property to support Phase 3 of the 67th Ave rehabilitation project. HISTORY: As part of the 67th Ave, Ph III project, the City needs to acquire additional permanent right of way for road and sidewalk construction, and temporary right or way for construction staging. The City obtained $ 1,977,447 in grant funding for the 67th Ave, Phase III project; $390,000 of this funding is for right of way acquisition costs. The ROW procurement must follow WSDOT guidelines; in order to accomplish this an independent third party facilitated discussions with property owners for the necessary ROW procurements. Previously the Council approved the first six ROW agreements and now the Sturgeon and S&S properties are ready for signature by the Mayor and to have appropriate payments made. ALTERNATIVES: • Remand to staff for additional information • Table pending additional discussion RECOMMENDED ACTION: • No Action at this time – discussion only.