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HomeMy WebLinkAboutSWP273658(15) Denis Law City Of t Mayor SY Public Works Department-Gregg Zimmerman,P.E.,Administrator February 5, 2013 Mr. Dustin Atchison CH21VI Hill Engineers, Inc 1100 112th Ave NE, Suite 400 Bellevue, WA 98004 RE: SUNSET TERRACE REGIONAL STORMWATER FACILITY PROJECT, CAG-13-021 Dear Mr. Atchison: Enclosed please find one original signed contract for the Sunset Terrace Regional Stormwater Facility project, CAG-13-021, for your records. You are authorized to proceed with the work as described in the attached scope of work, budget and schedule. A basic schedule listing primary project tasks shall be provided to the City for review. Any work requiring submittal approval cannot begin until the associated submittal is reviewed and approved by the City. Please call me at 425-430-7264, if you have any questions. Sincerely, Hebe C. Ber4r o Surface Water Utility Engineer Enclosure H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-8889 Sunset Regional SW Facility\1103 Contracts\2013-NTP GAC-13-021.doc\HCBtp Renton City Hall - 1055 South Grady Way- Renton,Washington 98057 - rentonwa.gov E1-2012 CAG-13-021 ENGINEERING ANNUAL CONSULTANT AGREEMENT 2 � THIS AGREEMENT, made and entered into on this 31 , day of by and between the CITY OF RENTON, WASHINGTON,A MUNICIPAL CORPORATION HEREINAFTVR CALLED THE "CITY," and CH2MHILL Engineers, Inc. whose address is 1100 1121h Ave NE Suite 400 Bellevue, WA 98004, at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME:Sunset Terrace Regional Stormwater Facility WHEREAS,the City has not sufficient qualified engineering employees to provide the engineering within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional consulting firm to do the necessary engineering work for the project, and WHEREAS,the Consultant has represented and by entering into this Agreement now represents,that it is in full compliance with the statutes of the State of Washington for registration of professional engineers, has a current valid corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on staff or readily available to Consultant to staff this Agreement. WHEREAS,the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the terms, conditions, covenants and performances contained herein below, the parties hereto agree as follows: SCOPE OF WORK The Consultant shall furnish, and hereby warrants that it has,the necessary equipment, materials,and professionally trained and experienced personnel to facilitate completion of the work described in Exhibit A,Scope of Work, which is attached hereto and incorporated into this Agreement as though fully set forth herein. The Consultant shall perform all work described in this Agreement in accordance with the latest edition and amendments to local and state regulations, guidelines and policies. The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the City. This item does not constitute an "Extra Work" item as related in Section VIII of the Agreement. The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the City. 11 DESIGN CRITERIA The City will designate the basic premises and criteria for the work needed. Reports and plans,to the extent feasible, shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines, and specifications, including, but not limited to the following: Page 1 of 25 Piazza/Data_Center/Forms/City/Contracts E1-2012 1. Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), "Standard Specifications for Road, Bridge, and Municipal Construction," as amended by Renton Standard Specification. 2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction." 3. Washington State Department of Transportation, "Highway Design Manual." 4. American Association of State Highway and Transportation Officials, "Standard Specifications for Highway Bridges." 5. Washington State Department of Transportation, "Bridge Design Manual,Volumes 1 and 2." 6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic analysis as described in item 14. 7. Washington State Department of Transportation, "Materials Laboratory Outline." 8. Transportation Research Board, "Highway Capacity Manual." 9. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Streets and Highways." 10. Washington State Department of Transportation, "Construction Manual." 11. Washington State Department of Transportation, "Local Agency Guidelines." 12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be used as they pertain. 13. Metro Transit, design criteria. 14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3,4, and 5. 15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of Highways and Streets." III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Consultant copies of documents which are available to the City that will facilitate the preparation of the plans, studies, specifications, and estimates within the limits of the assigned work. All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the accuracy,timeliness, and completeness of the information provided by the City. Should field studies be needed,the Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to perform any such field studies. Page 2 of 25 Piazza/Data_Center/Forms/City/Contracts E1-2012 IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE CONSULTANT Documents,exhibits or other presentations for the work covered by this Agreement shall be furnished by the Consultant to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings, photo, photographic negatives, etc. used in the project, shall become and remain the property of the City and may be used by it without restriction. Any use of such documents by the City not directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any liability whatsoever to the Consultant. All written documents and products shall be printed on recycled paper when practicable. Use of the chasing-arrow symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be printed on both sides of the recycled paper, as feasible. All reports,drawings, specifications, documents, and other deliverables of Consultant,whether in hard copy or in electronic form, are instruments of service for this project,whether the project is completed or not. City agrees to indemnify Consultant and Consultant's officers, employees, subcontractors, and affiliated corporations from all claims, damages,losses,and costs, including,but not limited to,litigation expenses and attorney's fees arising out of or related to the unauthorized reuse,change or alteration of these project documents. V TIME OF BEGINNING AND COMPLETION The work detailed in the Scope of Work will be performed according to Exhibit B,Time Schedule of Completion, attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed,the Consultant is delayed in the performance of its services by factors that are beyond its control,the Consultant shall notify the City of the delay and shall prepare a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its approval. Time schedules are subject to mutual agreement for any revision unless specifically described as otherwise herein. Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion of the work may be considered a cause for renegotiation or termination of this Agreement by the other party. VI PAYMENT The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter as specified in Exhibit C, Cost Estimate. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment,and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement will list actual time (days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit C. Payment for this work shall not exceed$179,003 without a written amendment to this contract, agreed to and signed by both parties. Cost Plus Net Fee Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost includes direct salary cost, overhead, and direct non-salary cost. Page 3 of 25 Piazza/Data_Cente r/Fo rm s/City/Contra cts E1-2012 1. The direct salary cost is the salary expense for professional and technical personnel and principals for the time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The direct salary costs are set forth in the attached Exhibit C and by this reference made a part of this Agreement. 2. The overhead costs as identified on Exhibit C are determined as 149.5 percent of the direct salary cost and by this reference made a part of this Agreement. The overhead cost rate is an estimate based on currently available accounting information and shall be used for all progress payments over the period of the contract. 3. The direct non-salary costs are those costs directly incurred in fulfilling the terms of this Agreement, including, but not limited to travel, reproduction,telephone, supplies, and fees of outside consultants. The direct non-salary costs are specified in Exhibit C, Cost Estimate. Billings for any direct non-salary costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be on the basis of times the invoiced amount. 4. The net fee, which represents the Consultants profit shall be 20 percent of direct salary plus overhead costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a supplemental agreement is entered into for additional work by the Consultant,the supplemental agreement will include provision for the added costs and an appropriate additional fee. The net fee will be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the Consultant's monthly progress reports and approved by the City. Any portion of the net fee not previously paid in the monthly payments shall be included in the final payment, subject to the provisions of Section XI entitled TERMINATION OF AGREEMENT. 5. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by detailed statements,for overhead costs and for a proportionate amount of the net fee payable to the Consultant based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Consultant of the gross amount earned will be made promptly upon its verification by the City after completion and acceptance by the City of the work under this Agreement. Acceptance, by the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to be due. Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at the time extra work is authorized. (Section VIII "EXTRA WORK"). A short narrative progress report shall accompany each voucher for progress payment. The report shall include discussion of any problems and potential causes for delay. To provide a means of verifying the invoiced salary costs for consultant employees,the City may conduct employee interviews. Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature, related to this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its subconsultants shall keep available for inspection, by the City,for a period of three years after final payment,the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, these records. If any litigation, claim or audit is started before the expiration of the three-year retention Page 4 of 25 Piazza/Data Center/Forms/City/Contracts E1-2012 period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period starts when the Consultant receives final payment. VII CHANGES IN WORK The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary to correct errors appearing therein,when required to do so by the City, without additional compensation. Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof revised,the Consultant shall make such revisions, if requested and as directed by the City in writing. This work shall be considered as Extra Work and will be paid for as provided in Section VIII. VIII EXTRA WORK The City may desire to have the Consultant perform work or render services in connection with the Project in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. IX EMPLOYMENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant,to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant,any fee, commission, percentage, brokerage fee,gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty,the City shall have the right to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover,the full amount of such fee, commission, percentage, brokerage fee,gift or contingent fee. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees,while so engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees,while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. The Consultant shall not engage, on a full or part-time basis, or other basis,during the period of the contract, any professional or technical personnel who are, or have been at any time during the period of this contract, in the employ of the City except regularly retired employees,without written consent of the City. If during the time period of this Agreement,the Consultant finds it necessary to increase its professional,technical, or clerical staff as a result of this work,the Consultant will actively solicit minorities through their advertisement and interview process. Page 5 of 25 Pia zza/Data_Cente r/Forms/City/Contra cts E1-2012 X NONDISCRIMINATION The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race,creed, color, national origin, marital status, sexual orientation, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination's; rates of pay or other forms of compensation; selection for training; rendition of services. The Consultant understands and agrees that if it violates this Non-Discrimination provision, this Agreement may be terminated by the City and further that the Consultant shall be barred from performing any services for the City now or in the future, unless a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. XI TERMINATION OF AGREEMENT A. The City reserves the right to terminate this Agreement at any time upon not less than ten (10) days written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Consultant,or any of its supervisory personnel assigned to the project,the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. In the event of the death of any of the parties listed in the previous paragraph,should the surviving members of the Consultant, with the City's concurrence, desire to terminate this Agreement, payment shall be made as set forth in Subsection C of this section. C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost for the work complete at the time of termination of the Agreement, plus the following described portion of the net fee. The portion of the net fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete is to the total work required by the Agreement. In addition,the Consultant shall be paid on the same basis as above for any authorized extra work completed. No payment shall be made for any work completed after ten (10) days following receipt by the Consultant of the Notice to Terminate. If the accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount that would be due as set forth herein above,then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. D. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, the above stated formula for payment shall not apply. In such an event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination,whether that work is in a form or of a type which is usable to the City at the time of termination,the cost to the City of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if the formula set forth in subsection C above had been applied. Page 6 of 25 Piazza/Data_Center/Forms/city/contracts E1-2012 E. In the event this Agreement is terminated prior to completion of the work,the original copies of all Engineering plans, reports and documents prepared by the Consultant prior to termination shall become the property of the City for its use without restriction. Such unrestricted use not occurring as a part of this project, shall be without liability or legal exposure to the Consultant. F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of any type it may have against the Consultant for any breach of this Agreement by the Consultant,or for failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the Consultant. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Consultant and the City shall be referred for determination to the Public Works Administrator or his/her successors and delegees,whose decision in the matter shall be final and conclusive on the parties to this Agreement. In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this Agreement, both parties agree that any such action shall be brought in the Superior Court of the State of Washington, situated in King County at the Maleng Regional Justice Center in Kent, Washington. XIII LEGAL RELATIONS The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws of Washington. The Consultant agrees to indemnify, defend and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the Consultant's errors, omissions,or negligent acts under this Agreement provided that nothing herein shall require the Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the Consultant's agents or employees and (b)the City, its agents,officers and employees,this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees. To the maximum extent permitted by law, Consultant's liability for City's damages will not, in the aggregate, exceed $1,000,000. This article takes precedence over any conflicting article of this AGREEMENT or any document incorporated into it or referenced by it. This limitation of liability will apply whether Consultant's liability arises under breach of contract or warranty;tort; including negligence; strict liability; statutory liability; or any other cause of action, and shall include Consultant's officers, affiliated corporations, employees, and subcontractors. Insurance Page 7 of 25 Piazza/Data_Center/Forms/City/Contracts E1-2012 The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than$1,000,000 each occurrence,$2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than$1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provision The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect to the City. Any Insurance,self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANIL E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Page 8 of 25 Piazza/Data Center/Forms/City/Contracts E1-2012 F. Notice of Cancellation The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. The limits of said insurance shall not, however, limit the liability of Consultant hereunder. The Consultant shall also submit copies of the declarations pages of relevant insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s)on file from a previous contract and no changes in insurance coverage has occurred,only the Certification Form will be required. The Consultant shall verify,when submitting first payment invoice and annually thereafter, possession of a current City of Renton business license while conducting work for the City. The Consultant shall require, and provide verification upon request,that all subconsultants participating in a City project possess a current City of Renton business license. The Consultant shall provide,and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Consultant's relation to the City shall be at all times as an independent contractor. It is further specifically and expressly understood that the indemnification provided herein constitute the Consultant's waiver of immunity under the Industrial Insurance Act, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement. XIV SUBLETTING OR ASSIGNING OF CONTRACTS The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of the City. XV ENDORSEMENT OF PLANS The Consultant shall place their certification on all plans, specifications, estimates or any other engineering data furnished by them in accordance with RCW 18.43.070. XVI OPINIONS OF COST In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the project, the Consultant has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, the Consultant makes no warranty that City's actual project costs, financial aspects, Page 9 of 25 Piazza/Data_Ce me r/Fo rm s/City/Contra cts E1-2012 economic feasibility, or schedules will not vary from the Consultant's opinions, analyses, projections, or estimates. If the City wishes greater assurance as to any element of project cost, feasibility, or schedule, the City will employ an independent cost estimator, Consultant, or other appropriate advisor. XVII COMPLETE AGREEMENT This document and referenced attachments contain all covenants,stipulations, and provisions agreed upon by the parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise, or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this Agreement. The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. XVIII EXECUTION AND ACCEPTANCE This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Request for Qualifications, and the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. CONSULTANT CI LFRENTON14'.. //aw31 Signature- I Date Mayor Denis Law Date A I chl-0 ec+"Y type or print name ATTEST: MW Op[�a hear wtt v J,r9n c c ,�. �Gz 'e>� 3�f aol3 Title Bonnie I.Walton, City Clerk ° Page 10 of 25 Piazza/Data Center/Forms/City/Contracts E1-2012 EXHIBIT A City of Renton Sunset Community Low Impact Development Retrofit Project— Sunset Terrace Regional Stormwater Facility 1. Background The City of Renton completed and adopted the Sunset Community Plan and Planned Action Environmental Impact Statement which evaluated potential impacts of redevelopment in the Sunset area and required infrastructure. As part of this effort the City developed and adopted the Sunset Area Surface Water Master Plan which identifies stormwater improvements to convey,treat and infiltrate runoff from the existing and future land cover conditions. Recommended improvements include the following: • New Storm Drainage mains. • Green Connections along Harrington Ave. NE between NE 16th St. and NE 10th St. at locations that fit with existing and planned future land use in the area to provide enhanced basic water quality treatment and flow control.within the right-of-way .The Harrington Ave NE Green Connections will consist of pervious sidewalks and rain gardens. • A regional storm water infiltration facility consisting construction of an infiltration/flow control facility for flow control mitigation and a rain garden for providing enhanced basic water quality treatment. This scope of work pertains to the design of the proposed Sunset Terrace Regional Stormwater facility which will retrofit approximately 3-acres of roadway from the Sunset Boulevard (a high-traffic major arterial) by providing flow control and enhanced and basic water quality treatment prior to discharging into Johns Creek. The regional facility will consist of rain gardens and an infiltration gallery with potential additional detention capacity for attenuation of high flows.The facility is co-located with a proposed new park in the Sunset Terrace area to compliment the park features and serve as a demonstration project to the public using low impact development to treat stormwater runoff. This scope will prepare construction documents (plans, specifications and construction cost estimate)for the Sunset Terrace Regional Stormwater Facility.Tasks included in this scope of work include data collection, survey and basemap preparation, permitting support,final design of the facility, preparation of a technical information report, public outreach support, services during bidding, and project management as defined in the tasks below. Services for during construction and construction management are not included in this scope of work and would be included in a separate amendment. II. DESIGN CRITERIA The City will designate the basic premises and criteria for the design. In addition, design reports and plans,to the extent feasible, shall be developed in accordance with the latest edition of the following documents: 1- Washington State Department of Transportation/American Public Works Association (WSDOT/ APWA), Standard Specifications for Road, Bridge, and Municipal Construction 2010 edition 2. City of Renton Transportation Standard Specifications. Page 11 of 25 P iazza/Data_Ce me r/Fo rm s/City/Co ntra Us E1-2012 3. 2009 King County Surface Water Design Manual (KCSWDM) and City of Renton Amendments to the 2009 KCSWDM. 2005 Low Impact Development Technical Guidance Manual for Puget Sound or current version as applicable. 4. Measurements will be in English units 5. Drafting Standards: City of Renton. o Vertical Datum: NA VD 88 o Horizontal Datum: NAD 83191 III. Compliance with the FY 2012 Statewide Stormwater Grant Program—Proviso Funding Agreement Design reports and plans, shall be developed in accordance with Task 2, design plans and specifications under Grant Agreement Number G1200544. Task 1. Project Management Perform project management, administration, and coordination of work effort involved in all phases and tasks. This task will continue throughout the duration of the project. It will include the work necessary to develop the project management plan, set up financial accounting including subconsultants, develop and implement quality management plan (QMP), overall project coordination with the CITY and project team, and project closeout. Invoices and progress reports will be provided to the CITY on a monthly basis. Monthly progress reports will include a summary of work performed by the CONSULTANT for that period and the work anticipated to be completed in the next period. This task includes a project kick-off meeting at the CITY with two (2) CONSULTANT attendees, assuming two (2) hours in length. QA/QC: Consultant shall conduct internal quality control regarding collection of data, surveying, basemap preparation and hydraulic modeling and all other tasks. Task 1 Deliverables • Monthly Invoices and progress reports • Bi-weekly phone call or email check-ins with the City project manager to report project status Task 1 Assumptions • Project duration is assumed to be a 16 month project duration with a 3-month inactive period where no invoices will be prepared. Project Schedule • Notice to Proceed -January 2013 • 30% Design -April 2013 • 60% Design—July 2013 • 90%design—October 2013 • 100%Design—November 2013 Page 12 of 25 Piano/nata Cantor/Fnrm,/rite/Cnntmrt, E1-2012 Task 2.Supplemental Survey The CONSULTANT will perform Survey as needed to supplement survey conducted under separate contract through Renton Housing Authority. Task 2.1 Supplemental Survey It is assumed that during the design phase, some level of supplemental survey may be necessary as the design progresses.The CONSULTANT will perform supplemental surveys as needed for purposes such as private property match/conforms, locating additional utility features and pothole locations, structures and elevations, or to obtain features requiring more definition for design purposes. For budgeting purposes this task item has been estimated not to exceed 10-field crew hours.Any costs for performing additional survey beyond 10-field crew hours, will require authorization by supplemental agreement. Task 2.2 Utility locations and potholing: The CONSULTANT will utilize a "One-Call Locate Service"to field locate all major utilities including but not limited to TV,gas, power,telephone, storm, water, sewer, fiber optic, and King County wastewater utilities identified in the street prior to field survey so that these locations can be picked up during the field survey.The CONSULTANT will compare available utility record drawings (As-Build's)against surface evidence of utilities obtained during the initial survey. Critical conflicts of identified utilities with proposed design improvements may require potholing to confirm the utility location and elevation. Potholing will be performed by a Sub-contractor(ADS). All utility potholes will be surveyed and a table of potholing results will be prepared.A field worksheet with location,type of utility, type of material, diameter of utility depth and measurements from fixed pointes will be provided. Photos of each utility will be included in the potholing information. The CONSULTANT has budgeted up to$5000 for utility potholing,which is assumed to occur within the paved road surface. In the event of unavoidable utility conflicts,the CONSULTANT will provide a list of conflicts to the CITY to notify the applicable utility agency to initiate the relocation of their utility prior to construction by the CITY. Coordination with the CITY and potholing Sub-contractor will be provided prior to the 60 percent plan submittal.Work by subcontractor will include right of way permitting,traffic control backfilling and resurfacing per City of Renton standards. Task 2 Deliverables 1. Updated 1"= 20' Design Basemapping in AutoCAD 2012 format. 2. Updated INROADS compatible Digital Terrain Model (DTM), saved in AutoCAD drawing(DWG)format. Task 2 Assumptions 1• Potholes will be backfilled with gravel (with 5/8-inch minus gravel compacted at 8 to 12-inch lifts) and the surface will be patched with like material. Depth of patch material shall match thickness of existing asphalt. One exception is that gas lines will initially be backfilled with 12 inches of sand then followed by gravel per PSE requirements. 2• Subcontractor will be responsible for requesting right of way permit. 3. Subcontractor will submit a traffic control plan to the City 4. One call utility locating service will be called 5• Materials removed from potholing with be disposed of at a permitted diposal site. Also it is assumed that materials are contaminant free. Page 13 of 25 Piazza/Data_Center/Forms/City/Contracts E1-2012 Task 3. Public Involvement The CONSULTANT will provide support to the CITY for agency, stakeholder, and public consultation and coordination required during the design process. It is anticipated that the CITY will provide the lead in coordinating with stakeholders including RHA, and Parks; however,the following forums are anticipated in this scope: • Public Open House: It is anticipated to have an open house for the community to communicate the proposed project elements, goals and impacts to a broader audience. The CONSULTANT will support this effort by providing informational boards developed from products created under other tasks described in this scope of work and presentation by up to two staff members. Task 3 Deliverables • Two (2) 3422-inch Boards for use at one (1) Public Open House. Assumed up to one (1) CONSULTANT Staff will attend the Public Open House. Task 3 Public lnvolvment Assumptions • CITY will organize and host public meetings and provide notifications. CONSULTANT will participate in presentations and support preparation of presentation materials. • CITY will separately contract with a Landscape Architecture firm for design of the park and provide Landscape Architecture support for design ,of the regional facility. The LA firm will lead development of materials for the Public Open Houses and outreach. Task 4-Hydrologic/Hydraulic Modeling 4.1 Modeling of LID facilities 1. Size rain gardens needed for pre-treatment and to reduce pollution from SR 900 and adjacent streets and property.The consultant will delineate the sub basin areas tributary to the rain garden.The drainage area delineation will include tributary roadway as well as sidewalk, driveways, and pervious areas if applicable. 2. Rain Gardens will be sized per the 2005 DOE manual to filter a minimum of 91 percent of the runoff through bioretention media. 3. Conduct modeling in WWHM or approved equivalent models to size each individual rain garden. 4. Pervious sidewalk subgrade depth will be modeled to infiltrate 100 percent of rainfall. 4.2 Modeling of required conveyance improvements Determine the required pipe size to convey runoff to and from the rain gardens. These pipes will be designed at a minimum in accordance with the criteria specified in Section 1.2.4 of the 2009 King County Surface Water Design Manual to accommodate a 25-year storm event. 4.3 Drainage Technical Information Report CONSULTANT will prepare a Draft and Final Drainage Technical Information Report to reflect the hydrological and hydraulic conditions of the proposed LID improvements. Page 14 of 25 Piazza/Data Center/Forms/City/Contracts E1-2012 Task 4 Deliverables 1• Electronic modeling files, including input and output parameters. 2. Documentation of sizing assumptions, methods, and results to be included in the drainage report 3. Brief memo summarizing model input and assumptions for City review to be submitted at the 30% design level. 4. One (1) hard copy (and electronic copy) of the Draft and Final Technical Information Report at the 60 and 90 percent submittals. Task 5—Finalize Geotechnical Report 1. Under Phase 1 a preliminary geotechnical report was prepared that evaluated the geotechnical considerations. Under Phase 2,geotechnical work includes updating the report to include recommendations for backfill and compaction for the new drainage system; In addition,the work will include consulting on various geotechnical considerations in design including a review of the design with respect to geotechnical considerations 2. Provide conclusions and geotechnical considerations for the following: a. Earthwork and site preparation. Include an evaluation of the site soils for use as structural (i.e., trench backfill)and gradation criteria for imported fill, as appropriate.This will include an evaluation of the effects of construction equipment on the site soils and mitigation of unsuitable soil conditions. b. Review risk and specifications for potential unintended discovery of underground utilities, abandoned septic tanks,fuel tanks or other hazards potentially remaining after RHA demolition of the site and encountered during construction. c. Comments on any anticipated construction difficulties identified from the results of our side studies Task 5 Deliverables 1- Final Geotechnical Report including design conclusions and recommendations together with detailed site plans and supporting information. 2. Review of Plans and Specifications(in terms of geotechnical considerations) Task 5 Assumptions • Contractor will be responsible for developing shoring plan by an engineer for review by the City. • Final Geotechnical Report will also address recommendations and findings related to the Harrington Avenue NE Green Connections project under separate scope. • Contractor will be responsible for developing dewatering plan by an engineer for review by the City. Page 15 of 25 Piazza/Data_Cente r/Forms/City/Contracts E1-2012 Task 6 Permitting Support The CONSULTANT will provide support to the CITY to identify and provide supporting data for permit applications. The City will be responsible for completing the permit application and obtaining the permit.The CONSULTANT will provide up to 40 hours to support preparation of permit documents. In support of State Environmental Policy Act(SEPA) compliance,the Consultant will prepare an Environmental Checklist in support of a land use permit from the City.The checklist will include project information on background and environmental elements (earth, air,water, plants, animals, energy and natural resources,environmental health, land and shoreline use, housing, aesthetics, light and glare, recreation, historic and cultural preservation, transportation, public services, and utilities). Potential permits that may be required for the project are: a) SEPA Checklist, and b) Grading permit. Task 6 Assumptions ' The project is covered under the Sunset Area Planned Action EIS and will not require a separate Environmental Impact Statement(EIS) • Completion of the Environmental Checklist will rely on information contained in other documents prepared for the project and project design elements (e.g., temporary erosion and sedimentation control plan, traffic plan,storm water pollution prevention plan, etc.) • Some environmental elements will not apply to the project(e.g., housing, light and glare) • The City will sign the Environmental Checklist • The Environmental Checklist will be submitted to the City with the Land Use Permit Application Task 6 Deliverables • Draft SEPA Environmental Checklist for City review--electronic file in Adobe Acrobat(PDF) file format and one hard copy. ' Final SEPA Environmental Checklist--electronic file in Adobe Acrobat(PDF)file format and one hard copy. Task 7. Final Design,Construction Documents and Cost Estimate Based on the result of the pre-design, the CONSULTANT will then prepare draft Construction Drawings,technical special provisions, and cost estimate representing approximately the 30 percent, 60 percent, 90 percent and 100 percent completion level for the selected improvement.The CONSULTANT will prepare the contract provisions at the 100 percent completion. Half-size (11"x17") drawings will be submitted to the CITY for review at the 30, 60, 90 and 100 percent.stages.The 60 percent drawings can also be used by the CITY to prepare and submit permit packages. No additional drawings will be prepared by the CONSULTANT for use in permit applications. CONSULTANT will prepare a Draft and Final Technical Information Report to reflect the hydrological and hydraulic conditions of the proposed LID improvements. Page 16 of 25 Piazza/Data Center/Forms/City/Contracts El-2012 Task 7 Deliverables 1. Three (3) hard copy sets of half size (11"x17" sheets) draft construction drawings will be submitted to the CITY for review and comment at the 30 percent, 60 percent and 90 percent completion level. 2. Three (3) hard copy sets of half-size (11"x17" sheets) construction drawings will be submitted to the CITY at the 100 percent completion level. 3. Three (3) sets of engineer's cost estimate and technical specifications outline will be submitted to the CITY for the 30 percent submittal. 4. Three (3) sets of hard copy of specifications, and summary of quantities including an engineer's cost estimate for the construction documents will be submitted to the CITY for the 60, 90 and 100 percent submittals. 5. Electronic files AutoCAD 2012 format at the end of the project. 6. Submittal documents for compliance with the FY 2012 Statewide Stormwater Grant Program — Proviso Funding Agreement number G1200544. Task 7 Meetings • Two(2) meeting with two (2) CONSULTANT staff and with the CITY staff at the CITY offices to receive and discuss the 30 percent and 60 percent review comments. • One (1) meeting with two (2) CONSULTANT staff and with the CITY staff at the CITY offices to resolve and coordinate any outstanding issues prior to completion of the 100 percent completion construction documents. Task 7 Assumptions • The CONSULTANT will prepare the special provisions using the CITY's format.The CITY uses WSDOT 2012 Standard Specifications, and the 2012 Amendments to the 2012 Standard Specifications.The CITY will be responsible for development of general Div 00 and 01 specifications, supplements, bid form and preparing, printing and distributing to interested bidders the final bid document package. • 100 percent submittal will not require City review and resubmittal. • The CITY will provide review comments on the 30, percent, 60 percent and 90 percent submittal within two (2)weeks of receipt of submittal. • The CITY will provide to the CONSULTANT electronic versions of their standard CAD details. • CAD files will be delivered using AutoCAD in 2012 format. • The CITY will be responsible for printing and distributing final contract documents and addendums. • The CONSULTANT will use the Western Washington Hydrological Model, or equivalent, for the hydrologic modeling and facility sizing. Hydrology for conveyance system sizing will be using either the rational method or a single storm event models and utilize Manning's equation for capacity calculations. No tailwater analysis is assumed in this scope. • Two field visits with 2 consultant staff. • Four(4) meetings with two (2) CONSULTANT staff. Page 17 of 25 P is zza/Data_Center/Fo rm s/City/Contracts E 1-2012 • CITY will separately contract with a Landscape Architecture firm for design of the park and provide Landscape Architecture support for design of the regional facility and preparation of the Planting plans. . • The drawings for the improvements will use a horizontal scale of 1 inch = 20 feet. Drawings for the project will be full size 22"x 34" and will include the following: o Cover sheet,vicinity map, index(1) o Legend and notes(1) o Survey control and notes sheet(1) o Site Preparation and Erosion and sediment control plan (2) o Erosion control details(1) o Civil design plan sheets (3) o Civil design and Low Impact Development details (2) o Grading plan sheets(2) o Grading cross sections and drainage profiles(2) o Roadway Sections (1) Task 8. Services during Bidding This task provides for the following support services by the CONSULTANT: • Assist CITY in answering bidder questions during bid period as requested by the CITY. • Prepare and provide addenda to CITY for distribution to bidders as requested by the CITY. • Services during construction will be scoped and provided under a contract amendment. Task 8 Services During Bidding • CITY will make all notifications for bid advertisements; CITY will field all calls from bidders with questions during the bidding process. Answering bidder questions, as requested by the CITY, will be limited to the hour estimate identified in Exhibit A2: Budget. Any effort required beyond the hour estimate in the budget shall be paid on a time and material basis unless effort required is due to error or omission by CONSULTANT. Services under this Task are limited to 40 hours by CONSULTANT staff Basis of Scope The following general and task specific assumptions have been made in developing the Scope of Work and Budget for the project.They are listed below. General Assumptions • The AGREEMENT has an anticipated start date of January 2013 and is expected to be completed by March 315Y, 2014,with an anticipated period of inactivity between final construction documents and bid support of 3 months • The standard of care applicable to CONSULTANT's Services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar Services at the time said services are performed. CONSULTANT will reperform any services not meeting this standard without additional compensation. Page 18 of 25 ni»»/rr ra rote+or/cnrmc/rir.,/rnnf-rrc E1-2012 • The CONSULTANT can reasonably rely on the timeliness, accuracy and completeness of the underground utility locates and any other data necessary to accomplish these tasks in a timely fashion. • The CITY will provide consolidated review comments to draft deliverables. The CONSULTANT will provide a written comment response and summary to the client. • Consultant's deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer-generated drawing files furnished by CONSULTANT are for CITY or others' convenience.Any conclusions or information derived or obtained from these files will be at user's sole risk. • The CONSULTANT's ability to meet the schedule is contingent upon timely receipt of survey and any other information from the CITY and or third parties. • This project will be performed in conjunction with the Harrington Avenue NE Green Connection project. • The NE 101h Street frontage improvements outside the future King County Library will be designed and constructed by the library project. The CONSULTANT will coordinate with that project for storm drain locations, and the continuity of the frontage improvements along NE 10th Street. • Services during construction is not included in this scope of work. Page 19 of,25 Piazza/Data_Center/Forms/City/Contracts E1-2012 Exhibit B -Time Schedule of Completion Sunset Terrace Regional Stormwater Facility-Project(Schedule Notice to Proceed January 2013 30% Design April 2013 60%Design July 2013 90%design October 2013 100% Design November 2013 Page 20 of 25 Piazza/Data Center/Forms/City/Contracts E1-2012 Task Description LOE Labor Subs Expenses Price 1 Prgect Management 162 S 23,488 - S 23,488 Basemap Preparation and 2 Supplemental Survey 115 S 12,057 S S 5,198 $ 17,254 3 Public Involvement 30 S 4,494 S - S 100 S 4,594 �� s 4 HydrologictHydraylic Modeling 124 $ 15,956 S - S - $ 15,956 5 Finalize G2ote&n,cal Report 26 S 3,357 S - - 3,357 6 Permit Support 20 S 3,112 S 5 � 3,112 7 Final Design,Construction Documents,and Cost Estimate 828 S 105,378 S S 243 S 105,620 8 Ser-vices During Bidding and Construction 40 S 5,621 S $ - $ 5,62-1 Total 1345 S 173,462 S 5,5401 $ 179,tNk3 EXHIBIT C—Cost Estimate Page 21 of 25 Pia zza/Data_Center/Form s/City/Co ntracts E1-2012 EXHIBIT C COST PLUS NET FEE DETERMINATION DIRECT SALARY COST: Hourly Rates of Pay* Personnel Project Delivery $73.54 Senior Engineer $60.40 Senior Geotechnical $59.60 Design Manager $54.94 Task Engineer $48.55 Survey Lead $43.77 Survey Technician $40.47 Survey Technician $32.91 Survey Technician $23.58 Cost Estimator $47.70 Design Engineer $40.75 Design Engineer $34.19 CADD Technician $38.72 Geotechnical Engineer $34.13 Contracts Administration $33.76 Clerical $26.10 Accountant $24.27 *direct salary rates are subject to increase April 1,2013 Net Fee 20%of direct salary cost plus overhead DIRECT NON-SALARY COST: Travel and Per Diem Mileage @ IRS reimbursement rate, currently$.565/mile Per Diem: to be addressed if applicable under subsequent Amendment(s) Outside Reproduction Expenses .............................................................................$ cost Subconsultant/Lab Services ....................................................................................$cost+2% markup SurveySupplies ....................................................................................................... $ cost Health &Safety........................................................................................................ $ 1.75/hour for applicable staff Page 22 of 25 Piazza/Data Center/Forms/City/Contracts E1-2012 EXHIBIT C(cont.) SUMMARY OF FEE FOR ENGINEERING SERVICES BREAKDOWN OF OVERHEAD COST See attached Exhibit C Addendum SUMMARY OF COSTS Project No. Name of Project: Sunset Terrace Regional Stormwater Facility DirectSalary Cost...............................................................................................................................$57,937 Overhead Cost (including payrolladditives..................................................................................149.50% $86,615 Sub-Total $144,552 NetFee ........................................................................................................... 20% $28,910 Direct Non-Salary Costs: a. Travel and per diem................................................................$ 0 b. Reproduction expenses......................................................$ 325 c. Survey Supplies...................................................................$923 d. Outside consultants(Potholing) ......................................$ 4,238 e. Other(Health &Safety).........................................................$54 Total $ 5,540 Sub Total $ 34,450 GRAND TOTAL $ 179,003 Page 23 of 25 Piazza/Data_Center/Forms/City/Contracts CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 4085 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to their race; religion/creed; national origin; ancestry; sex; age over 40; sexual orientation or gender identity; pregnancy; HIV/AIDS and Hepatitis C status; use of a guide dog/service animal; marital status; parental/family status; military status; or veteran's status, or the presence of a physical, sensory, or mental disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES -The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job-related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) CONTRACTORS' OBLIGATIONS - Contractors, sub-contractors, consultants and suppliers conducting business with the City of Renton shall affirm and. subscribe to the Fair Practices and Non-discrimination policies set forth by the law and by City policy. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. CONCURRED IN by the City Council of the City of Renton, Washington, this7th day of March , 2011 . CITY RENTON 7�� RENTON CITY COUNCIL a `G�C`�c1'�/ Denis Law, Mayor until Pr ident Attest: ilik Bonnie I. Walton, City Clerk AL ��i•. •�I7�D S�`p����� �inunrtiiititintttt�� Page 24 of 25 Piazza/Data_Center/Forms/city/contracts E1-2012 CITY OF RENTON FAIR PRACTICES POLICY AFFIDAVIT OF COMPLIANCE CH2M HILL Engineers Inc. hereby confirms and declares that: (Name of contractor/subcontractor/consultant) I. It is the policy of the above-named contractor/subcontractor/consultant, to offer equal opportunity to all qualified employees and applicants for employment without regard to their race; religion/creed; national origin; ancestry; sex; the presence of a physical, sensory, or mental disability; age over 40; sexual orientation or gender identity; pregnancy; HIV/AIDS and Hepatitis C status; use of a guide dog/service animal; marital status; parental/family status; military status; or veteran's status. II. The above-named contractor/subcontractor/consultant complies with all applicable federal, state and local laws governing non-discrimination in employment. III. When applicable, the above-named contractor/subcontractor/consultant will seek out and negotiate with minority and women contractors for the award of subcontracts. /LI i Gkg�( ��ti.a�•ld Print Agent/Representative's Name P w o pCrA boo r 01gv Print Age nt/Rey resentative's Title ////v Agent Representative's Signature Date Signed Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. Page 25 of 25 Pia zza/Data_Ce me r/Forms/City/Contra cts