HomeMy WebLinkAboutWWP272829(7) March 13, 2001
File No. 22-01-913-000-01
Engineers
Mr. John Hobson Planners
City of Renton Surveyors
Planning/Building/Public Works Department y
1055 South Grady Way
Renton, WA 98055
Subject: Agreement for Professional Surveying Services
80th Avenue South Sewer Project
Dear Mr. Hobson:
In response to your recent request for surveying services,we are pleased to submit the
following proposal. We look forward to working with you on this project.
A. Project Location or Legal Description
Renton, WA
B. Scope of Work
1. Reid Middleton will verify the Horton Dennis survey control and stake
and elevate the street centerlines at 50 foot stations according to the City
of Renton 80th Avenue South Sewer Extension drawing No. S-182901.
2. The final product will be a drawing depicting street centerlines with the
location and elevation of the points set,project benchmarks, and street
rights of way. The drawing will be delivered in hard copy and electronic
formats.
3. Provide additional services specifically requested by the client.
C. Period of Performance
Reid Middleton agrees to perform the above described services following your
confirmation of this agreement and to diligently pursue the project and make
every reasonable effort to finish all items in a timely manner. Washington
Oregon
D. Client's Responsibilities Alaska
The City of Renton shall provide available pertinent data, documents, and other
information to Reid Middleton as necessary to complete the work outlined in
Section B above.
Reid Middleton,Inc.
728134th Street SW
Suite 200
Everett,WA 98204
Ph: 425 741-3800
Fax: 425 741-3900
Mr. John Hobson
City of Renton
March 13, 2001
File No. 22-01-913-000-01
Page 2
E. Compensation
1. For services described in Section B, Items 1-2, Reid Middleton shall be
paid the lump sum of$5,100.
2. For services described in Section B, Item 3, Reid Middleton shall be paid
on a"time-plus-expense"basis in accordance with provisions of the
attached Exhibit"A"or on the basis of such other mutually satisfactory
arrangements as may be negotiated.
F. Reid Middleton Staff
Mike Mickiewicz, P.L.S.,will be the project manager primarily responsible for
this job. However, other individuals at Reid Middleton will work on aspects of
your project as required.
G. Conditions of Agreement
The terms and conditions of the attached Exhibit `B" Conditions of Agreement
for Surveying Services, are included as part of this agreement.
We appreciate the opportunity to submit this proposed agreement. The terms of this
agreement will become effective when confirmed by your signature within 30 days. If
you wish to pursue this project after that time, this agreement may then be renegotiated.
If the terms are acceptable,please sign your acceptance below and return one executed
copy to Reid Middleton.
If you have any questions or comments,please call Paul Cornwell or me.
Sincerely, ACCEPTED:
Reid Middleton, Inc. City of nt n
� r r
By
Michael G. Mickiewicz, P.L.S. Title/O.E.ZLL--
Director, Survey Group
Date MAiKc,�l /5'0 Zoo/
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Attachments_
Reid Middleton, Inc.
Exhibit "A" Schedule of Charges
Effective July 1, 2000 through June 30, 2001
Compensation shall be based on time and expenses directly attributable to the project and shall follow the schedule
below unless another method of compensation has been expressed in the written agreement.
I. Personnel Hourly Rate
Principal...................................................................................................................... $ 120.00-$ 160.00
Principal Engineer...:................................................................................................... $ 120.00-$ 130.00
Senior Engineer/Senior Planner/Survey Manager....................................................... 105.00
Project Engineer/Project Surveyor/Project Planner/Project Administrator................. $ 80.00-$ 92.00
Design Engineer/Senior Designer/Surveyor............................................................... $ 72.00-$ 80.00
Planner........................................................................................................................ $ 62.00-$ 72.00
Engineer/Senior Technician........................................................................................ $ 62.00
Project Administrator..................................................................................................$ 48.00-$ 80.00
Technician................................................................................................................... $ 35.00-$ 48.00
2-Person Survey Crew................................................................................................ $ 120.00
3-Person Survey Crew................................................................................................ $ 180.00
3-Person Hydrographic Survey Crew.........................................................................$200.00
Expert Witness/Forensic Engineering......................... 1.5 times usual hourly rate(4 hour minimum)
Individuals not in the regular employ of Reid Middleton may occasionally be engaged to meet specific
project requirements. Charges for such personnel will be comparable to charges for regular Reid
Middleton personnel.
A premium may be charged if project requirements make overtime work necessary.
11. Equipment Rate
Global Positioning System(GPS),Each Receiver .....................................................$ 30.00/hour or
Global Positioning System(GPS),Each Receiver .....................................................$220.00/day
Global Positioning System with RTK Option(RTK),Each Receiver .......................$330.00/day
Survey Boat and Motor .............................................................................................. $ 10.00/hour
Depth-Recording Fathometer...................................................................................... $ 12.00/hour
WILD-Total Station(Survey Data Collection System)............................................. $ 15.00/hour
Design Software/Computer Aided Drafting ............................................................... $ 12.00/hour
III. Reimbursable Expenses
Local Mileage-Automobile ........................................................................................ $ 0.35/mile
Local Mileage- Survey Truck .................................................................................... $ 0.40/mile
Expenses that are directly attributable to the project are invoiced at cost plus 15%. These expenses
include,but are not limited to, subconsultant or subcontractor services,travel and subsistence,
communications,couriers,postage,fees and permits,document reproduction,special instrumentation and
field equipment rental,premiums for additional insurance where required,special supplies,and other costs
directly applicable to the project.
A new schedule of charges is issued and becomes effective July 1 each year. Charges for all work,
including continuing projects initiated in prior years,will be based on the latest schedule of charges.
IV. Client Advances
Unless the parties agree otherwise in writing, charges for the following items shall be paid by the client
directly,shall not be the responsibility of Reid Middleton,and shall be in addition to any fee stipulated in
the agreement: government fees,including permit and review fees; soils testing fees and costs;charges
for aerial photography;and charges for monuments. If Reid Middleton determines,in its discretion,to
advance any of these costs in the interest of the project,the amount of the advance,plus a fifteen percent
administrative fee, shall be paid by the client upon presentation of an invoice therefore.
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Reid Middleton, Inc.
Exhibit "B" Conditions of Agreement for Surveying Services
I. Payments
A. Due Date: Fees and all other charges are billed monthly as services progress. The full amount of each invoice is due and
payable thirty(30)days after the date of such invoice.
B. Default: Any amount not paid within thirty(30)days of the billing date shall be considered delinquent and shall bear a
delinquency charge of one percent(1%)per month(or,if lower,the maximum rate allowed by law)from the date of the
invoice. Failure to make a payment by the due date is a substantial breach of a material term of the parties'agreement,and
Reid Middleton may,at its option, suspend services or terminate this agreement in that event. The delinquency charge or
payment thereof shall not extend the due date or affect the right to suspend services or terminate. Payments received on
delinquent accounts will be applied first to accrued delinquency charges and then to the unpaid principal amount.
II. Additional Services
Additional Services shall include,without limitation,the following:
1. Replacing stakes unless destroyed by Reid Middleton;
2. Making revisions to drawings,specifications or other documents which are inconsistent with approvals or instructions
previously given by the client,required due to changes in the law,or required due to changes in the overall project;
3. Providing services due to default or defective performance on the part of the construction contractor;
4. Providing services to address unanticipated site conditions;or
5. Providing other services beyond the scope of services described in the agreement.
III. Allocation of Risk
The client agrees that,to the fullest extent permitted by law,the aggregate liability of Reid Middleton,its officers,directors,
employees and consultants to the client for any and all injuries,claims,losses,expenses,damages and claim expenses arising out
of or related to the agreement,from any cause or causes, including but not limited to negligence, errors, omissions,strict
liability,breach of contract or breach of implied or expressed warranty shall not exceed$50,000 or the total compensation
received by Reid Middleton under the agreement,whichever is greater. The parties acknowledge that this limitation has been
negotiated and reflects,among other things,the potential rewards and benefits of the project and the amount of compensation to
be received.
IV. Dispute Resolution
A. Mediation: In the event of a dispute arising out of or related to the agreement, or the breach or alleged breach hereof,which
dispute cannot be resolved through negotiations between the parties,the parties agree that the dispute shall be submitted to
nonbinding mediation. Unless the parties subsequently agree upon a different mediation service or mediator,the dispute
shall be submitted to the American Arbitration Association, Seattle Tribunal,acting under its construction industry mediation
rules and procedures. Either party may make the initial submission. Each party shall pay its own costs(including,if
applicable,its attorney and expert witness costs)and one-half of the charge levied by the mediation service and mediator.
B. Lrti ae tion: If any dispute is not resolved through nonbinding mediation,venue for litigation arising under or related to this
agreement,or the breach or alleged breach hereof, shall be in Snohomish County,Washington, Superior Court. The
substantially prevailing pa in litigation shall be awarded its costs,attorney fees and expert witness fees incurred for trial
preparation,trial and, if applicable,any and all appeals.
C. Arbitration: Nothing stated herein shall preclude the parties from later agreeing,by way of a document signed by both
parties,to submit any such dispute to arbitration.
D. Governing Law: The agreement shall be governed by the internal laws of the State of Washington.
V. Miscellaneous
A. Standard of Care: Reid Middleton intends to render its services in accordance with standards of professional practice
currently prevailing in the locale of the project and for the intended use of this project.Without limiting the generality of the
foregoing,Reid Middleton makes no warranties and offers no opinions as to matters affecting title which do not appear in
the public records.
B. Means and Methods: Reid Middleton shall not have control over or charge of and shall not be responsible for construction
means,methods,techniques, sequences or procedures, or for safety precautions and programs in connection with the
construction.
C. Pollution and Hazardous Materials: Unless specifically stated to the contrary in the agreement,Reid Middleton shall have
no responsibility for the discovery,presence,handling,removal or disposal of pollutants or hazardous materials(including
but not limited to asbestos,asbestos products,PCB,lead, or other toxic substances in an yy form at the project site. In no
event shall Reid Middleton(or its officers,directors,employees or consultants)be iable for costs,losses or damages--
including but not limited to delay costs or damages due to personal injury,sickness or death,or damage to property--
resulting from or related to the presence of pollutants or hazardous materials at the project site.
D. Government Entities: Reid Middleton shall not be liable for damages resulting from the actions or inactions of
governmental agencies.Reid Middleton does not guarantee that requisite permits or authorizations will be issued.
E. Independent Contractor: Reid Middleton is an independent contractor.Reid Middleton is not an employee or agent of the
client.
F. Subconsultants: Reid Middleton shall have the right to retain subconsultants to perform portions of the services under the
agreement. If the client reasonably objects in writing to a particular subconsultant,Reid Middleton shall replace the
subconsultant if it is mutually agreed to be in the best interests of the prom ject.
G. Assigning Subject to the right to retain subconsultants,neither party stall assign the agreement or any rights under or
related to the agreement without the written consent of the other,which consent may be withheld for any reason.
H. Accrual: Causes of action between the parties related to or arising out of the agreement shall be deemed to have accrued,
and the applicable statute of limitations shall commence to run,no later than the date on which Reid Middleton last performs
substantial services under the agreement.
I. Entire Agreement: The agreement,including these Conditions of Agreement,represents the entire and integrated agreement
between- parties with respect to its subject matter and supersedes all prior and contemporaneous negotiations,
representations and agreements,whether written or oral.
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