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y CITY OF RENTON Planning/Building/PublicWorks Department Jesse Tanner, Mayor Gregg Zimmerman P.E., Administrator June 10, 2003 Brian Vanderburg, P.E. Senior Project Manager PACE Consulting Engineers, Inc. 1601 Second Avenue, Suite 1000 Seattle, WA 98101-3511 SUBJECT: ELLIOTT BRIDGE REPLACEMENT SEWER CONSULTANT CONTRACT ADDENDUM NO. 1 Dear Brian: I am in receipt of your proposal for an addendum to our existing contract. I have reviewed your scope, schedule and budget and find them acceptable. Attached you will find two original Addendum No. 1 for the subject project that puts your submittal in place. Please have both originals signed by PACE and returned to me for execution by the City. Once we have completed this addendum, I will give you notice to proceed on these work items. If you have any questions regarding this process, please contact me at (425) 430-7212. Enclosures HAFile Sys\WWP - WasteWater\WWP-03-000OCorrespondance - Wastewatet\davec\Elliott_Bridge_PACE_Letterl.doc\DMC\tb 1055 South Grady Way - Renton, Washington 98055 R E N T O N 9 This paper contains 50 % recycled material, 30% post consumer AHEAD OF THE CURVE ADDENDUM NO. 1 CONSULTANT AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES for Elliott Bridge Replacement Sanitary Sewer Coordination/Design CAG-02-047 This Addendum is made and entered into this, day of , 2003, by and between the City of Renton, hereinafter called the "City", and Penhallegon Associates Consulting Engineers, Inc., whose address is, 1601 Second Avenue, Suite 1000, Seattle, WA 98101, hereinafter called the "Consultant'. WITNESSETH THAT: WHEREAS, the City engaged the services of the consultant under Engineering Consultant Agreement CAG- 02-047, dated March 29, 2002 to provide engineering services necessary for the Elliott Bridge Replacement Sanitary Sewer Coordination/Design and WHEREAS, the City desires to complete the work associated with the Elliott Bridge Sanitary Sewer Coordination/Design, and the City does not have sufficient qualified engineering employees to perform the work within a reasonable time; and WHEREAS, the City and consultant have determined that additional work to Perform Construction Management, Prepare SEPA Documents, and perform additional design services for the Elliott Bridge Replacement Sanitary Sewer Coordination/Design project, such additional work items and costs being shown in the attachment to this Addendum No. 1. NOW, THEREFORE, in accordance with Section VIII, Extra Work of the Master Agreement CAG-02-047, dated March 29, 2002, it is mutually agreed upon that Engineering Consultant Agreement CAG—02-047, is amended to include the work and associated budget as follows: 1. The maximum amount payable for the additional work items defined in the attachment to this addendum of this Contract Addendum #1 is $47,285. 2. The revised contract total payable for work on this contract addendum is increased from $36,040, to $83,325, making a difference of $47,285. All other provisions of Consultant Agreement CAG-02-047 dated March 29, 2002 shall apply to this addendum. EXECUTION IN WITNESS WHEREOF, the parties have executed this Addendum No. 1 to ENGINEERING CONSULTANT AGREEMENT CAG-02-047, as of the day and year first above written. CONSULTANT Signature Type or Print Name Title Date CITY OF RENTON Jesse Tanner, Mayor Attest: Bonnie I. Walton, City Clerk Elliott_Bridge_Addenduml.doc Addendumft 12/99 T_- ter+. n \ a Penhallegon Associates Consulting Engineers, Inc. Engineering Planning Surveying June 4, 2003 David Christensen Wastewater Utility Supervisor City of Renton Planning/Building/Public Works Renton City Hall, 5th Floor 1055 South Grady Way Renton WA 98055 Subject: Elliott Bridge Sewer Proposal for Additional Work, Construction Observation Dear Dave: Our firm received notice to proceed with design for the subject project in April of 2002. Since that time, it has been determined that additional work not described in the scope of work that accompanies the contract is necessary to complete the project. The additional work is comprised of three elements, Construction Period Services, Extra Work for Design Drawings and Preparation of a Mitigated Determination of Non -Significance (DNS-M). Construction Period Services Our present contract with the City of Renton calls for our firm to provide plans, specifications and an estimate for construction of a new sewer line that is to be included in King County's Elliott Bridge Project. As you know, the Contract calls for "Regular inspection or construction observation" to be provided by others. It is our understanding that you would like to have Penhallegon Associates Consulting Engineers (PACE) provide construction management along with construction observation for the project. To that end, we are providing you with our understanding of the scope of work that is required to complete this task. We anticipate that if our description of the scope meets your requirements, the additional work will be incorporated into our present contract by means of an amendment. Replacement of the Elliott Bridge is estimated to cost about 10 million dollars (construction only). Construction cost for sewer installation is estimated to be $300,000 to $400,000. We Federal Way Seattle Kirkland 253.568.6500 Symonds Consulting Engineers 425.827.2014 P:\P02\02838\Civil\Admin\Const-Observ_Fee!§W Second Avenue, Suite 1000 • Seattle WA 98101-3511 r. 206.441.1855 • F 206.448.7167 Portland 888.723.7853 Mr. David Christensen City of Renton Elliott Bridge Sewer 02-838 June 4, 2003 Page 2 of 4 therefore expect that the construction schedule will be driven by the General Contractor and that the sewer work will be accomplished by a utilities subcontractor who will also be installing the storm drain and other underground utilities. We expect that utilities work will be sporadic and dependent on the General Contractor's progress. We have attempted to account for the intermittent progress of the work in our fee estimate but ask that provisions be made for an adjustment in our fee should the schedule slip substantially from the anticipated 14 month construction duration. A 20 foot deep excavation will be required where the new sewer will connect to the existing King County (METRO) sewer. We anticipate that poor soils and large amounts of groundwater will be encountered in this area. We propose using HWA Geosciences as a subconsultant. HWA would assist with evaluation of Contractor submittals for shoring and dewatering. Also, they would help determine if conditions at the bottom of the trench are favorable for pipe installation. We have attached a spreadsheet assembled by HWA that summarizes the effort that they anticipate would be required to accomplish the work described above along with their proposed fee. Items to be included in our proposed scope of work are as follows: • Regular visits to the job site to observe construction in progress. • For each site visit while sewer construction is in progress, a report documenting the Contractor's progress and any problems or unusual conditions encountered. • Evaluation of subsurface soils to determine suitability for pipe laying. • Lamping of sewer pipe to confirm proper alignment. • Observation of hydrostatic testing of steel casing pipe, HDPE carrier pipe and buried PVC sewer pipe. • Minor redesign of sewer facilities as required to facilitate construction or adapt to field conditions. • Evaluation of contractor submittals including sewer pipe, casing pipe, manholes, temporary shoring, drop connection and dewatering. P:\P02\02838\CiviMdmin\Const-Observ—Fee.doc Mr. David Christensen City of Renton Elliott Bridge Sewer Assumptions: 02-838 June 4, 2003 Page 3 of 4 • Due to the sporadic nature of the work, our inspector will be present only for major elements of sewer installation. • The Contractor will provide sufficient notice to the consultant such that the consultant can be present for important elements of the work such as connection to the existing King County manhole, pipe laying, casing pipe welding, placement of manholes and pulling carrier pipe through the casing pipe. • The Contractor will provide personnel and safety equipment to enable the consultant to enter dry sewer manholes for lamping. We will add this requirement to the specifications. If the Contractor is not able to furnish these items, the necessary equipment and personnel will be furnished by the City of Renton. • We will provide redlined as -built drawings to the City at the conclusion of the project. Please see the attached Project Budget Worksheet for a breakdown of the hours that we anticipate will be required to accomplish the above -listed tasks. Extra Work for Design Drawings The design drawings for the sewer line have been completed to the 95% level. The critical portion of the design is at the Elliott Bridge over the Cedar River. We are requesting that our design fee be increased due to the following factors that were not fully understood at the time the original proposal was prepared. As designed, the bridge has a high point near the center. As the sewer line flows south under the bridge, it must maintain minimum slope despite the adverse slope on the bridge deck. By carefully coordinating with the bridge designer, we were able to shoehorn the sewer between the bridge girders and the diagonal bracing between the girders. The available excess space between the casing pipe and the bracing is minimal, on the order of 1/10'h of a meter. These close tolerances were not anticipated at the time that we prepared our fee estimate for the project, necessitating the expenditure of time in excess of what we had anticipated. Our Contract was written with the expectation that the required submittals would be made at 60%, 90% and 100% levels. In fact, ABKJ, the prime consultant for King County asked that we prepare additional submittals. For example for the 90% submittal, we submitted our drawings to ABKJ on November 25th, 2002. ABKJ reviewed the drawing and sent them back to us, requesting a few additions and deletions. We made the requested changes and sent the drawings back to ABKJ. We therefore made two 90% submittals. The process was repeated for the 95% P:\P02\02838\Civi]\Adniin\Const-Obsm Fee.doc Mr. David Christensen City of Renton Elliott Bridge Sewer 02-838 June 4, 2003 Page 4 of 4 submittal in January of this year. We anticipate that a similar process will occur during submittal of the 100% drawings. We do not always agree with ABKJ's comments but, to date, have agreed to make the requested changes in order to foster a spirit of cooperation. We have summarized the effort that we believe will be required to complete the design drawings on the attached Project Budget Worksheet. Preparation of a Mitigated Determination of Non -Significance (DNS-M). The Elliott Bridge Sewer is to be installed concurrent with construction of the bridge. It had been hoped that the SEPA process for the bridge would include sewer construction. Regrettably, this will not be possible, therefore you have requested that PACE assist with preparation of a DNS-M. The effort required for us to perform this task is detailed in the accompanying spreadsheet. We have budgeted for 16 hours of Susan Boyd's time to supervise preparation of the DNS-M. Please call one of the undersigned if you have any questions. Sincerely, PENHALLEGON ASSOCIATES CONSULTING ENGINEERS, INC Brian Vanderburg, P.E. Senior Project Engineer Gareth Grube Senior Project Manager PAP02\02838\0vil\Admin\Const-ObseryFee.doc a `o m w m LL m ai t N Y O N N LL W 1C d N LL N C O U� r- 0 w ui LL Ldrj Ldw -It \0 00 C> C� W) C� \0 �o N M r'l : 69 , os — 69 " Go% 69 tn C) '3 5 71 5 tf) kn up) �D OF 0 0 C) CA ... en C> z o C) 6q C-4 00 en en C4 460!1 00 C'4 C'I en COS Cd r'j 00 kn GS LJ AA 0 cOj 0 upr I 3d o z 0 > > 0 0 .0 Qj 0> ' 0 0 U, rn w ' RECEIVED *INV CITY OF RENTON APR 2 4 2003 CITY OF RENTON UTILITY SYSTEMS HUMAN RESOURCES & RISK MANAGEMENT DEPARTMENT MEMORANDUM DATE: April 24, 2003 TO: Dave Christensen, Utility Systems FROM: Michael R. Webby, HR&RM Administrator 4 SUBJECT: Insurance Review/ Penhallegon Associates Consulting Engineers, Inc. Elliot Bridge Sewer Project I have reviewed the certificate of insurance for the above -mentioned contract. The insurance coverage, provided for this contract, meets the City's risk management requirements. ACORD TM. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY) APR 1703 PRODUCER MICHAEL J. HALL & COMPANY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 19578 10TH AVENUE N.E. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR POULSBO WA 98370 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE: (360)598-3700 FAX: (360) 598-3703 Agency Lic#: 91-1461089 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: HARTFORD FIRE INSURANCE COMPANY INSURER B: CNA INSURANCE COMPANY PENHALLEGON ASSOCIATES CONSULTING ENGINEERS, INC. 750 SIXTH STREET SOUTH INSURER C: INSURER D: KIRKLAND WA 98033 INSURER E: CAVFRAnFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSF LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD POLICY EXPIRATION DATE MM/DD LIMITS GENERAL LIABILITY 52SBADE5745 APR 27 03 APR 27 04 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES Ea occurence $ 300,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE _X7 OCCUR MED. EXP (Any One Person) $ 10,000 A PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG. $ 4,000,000 X POLICY AUTOMOBILE LIABILITY ANY AUTO 52SBADE4745 APR 27 03 APR 27 04 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 BODILY INJURY ALL OWNED AUTOS A SCHEDULED AUTOS (Per person) $ 0 X BODILY INJURY (Per accident) $ 0 HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE $ 0 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ 0 ANY AUTO OTHER THAN EA ACC $ 0 AUTO ONLY: AGG $ 0 EXCESS / UMBERELLA LIABILITY 52SBADE5745 APR 27 03 APR 27 04 EACH OCCURRENCE $ 1,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 1,000,000 A $ 0 DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE 52SBA DE5745 APR 27 03 APR 27 04 71— TJORYTLIMITS OTHER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 OFFICER/MAMBER EXCLUDED? If yes, d—rib* under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER: PRA 11 399 75 87 APR 27 01 APR 27 04 $1,000,000 EACH CLAIM B PROFESSIONAL LIABILITY CLAIMS MADE FORM $1,000,000 AGGREGATE RETRO DATE 04/27/92 DESCRIPTION OF OPERATIONS/LOCATION/VEHICLES/EXCLUSIONS ADDED ENDORSEMENT/ SPECIAL PROVISIONS PROJECT: ELLIOTT BRIDGE SEWER PROJECT #0283800 CITY OF RENTON IS ADDITIONAL INSURED ON THE GENERAL LIABILITY POLICY AS RESPECTS WORK DONE BY, OR ON BEHALF OF, THE NAMED INSURED. SEE ATTACHED CFRTIFICATF mni IIFR I ADDITIONAL INSURED: INSURER LETTER: I^_ANCFI I ATIAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED, OR MATERIALLY CHANGED, BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. CITY OF RENTON 1055 SOUTH GRADY WAY RENTON, WA 98055 AUTHORIZED REPRESENTATIVE 9z Attention: MICHAEL BENOIT ACORD 25 (2001/08) Certificate # 15533 ASHLEY HURD POLICY NUMBER: 52SBADE5745 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE Name of Person or Organization; CITY OF RENTON 1055 S GRADY WAY RENTON, WA 98055 (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by or for you CG 20 10 11 85 Copyright. Insurance Services Office, Inc., 1984 Certificate # 15533 ACORD TM. CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDD/YY) APR 1703 PRODUCER MICHAEL J. HALL & COMPANY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 19578 10TH AVENUE N.E. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR POULSBO WA 98370 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE: (360)598-3700 FAX: (360) 598-3703 Agency Lic#: 91-1461089 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: HARTFORD FIRE INSURANCE COMPANY PENHALLEGON ASSOCIATES CONSULTING INSURER B: CNA INSURANCE COMPANY ENGINEERS, INC. 750 SIXTH STREET SOUTH INSURER C: INSURER D: KIRKLAND WA 98033 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSF LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MWDD POLICYEXPIRATION DATE MWDD LIMITS GENERAL LIABILITY 52SBADE5745 APR 27 03 APR 27 04 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES Ea =ure * $ 300,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE I7 OCCUR MED. EXP (Any One Person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 A GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: _xl PRODUCTS-COMWOP AGG. $ 4,000,000 POLICY AUTOMOBILE LIABILITY ANY AUTO 52SBADE4745 APR 27 03 APR 27 04 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 BODILY INJURY ALL OWNED AUTOS A SCHEDULED AUTOS ( Per person) $ 0 X BODILY INJURY (Per accident) $ 0 HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE $ 0 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ 0 OTHER THAN EA ACC $ 0 ANY AUTO AUTO ONLY: AGG $ 0 EXCESS! UMBERELLA LIABILITY 52SBADE5745 APR 27 03 APR 27 04 EACH OCCURRENCE $ 1,000,000 X OCCUR F-1 CLAIMSMADE AGGREGATE $ 1,000,000 A $ 0 DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE 52SBA DE5745 APR 27 03 APR 27 04 WC TRYUTMTS OTHER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 OFFICER/MAMSER EXCLUDED? If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1,000,000 SPECIAL PROVISIONS below OTHER: PRA 11 399 75 87 APR 27 01 APR 27 04 $1,000,000 EACH CLAIM B PROFESSIONAL LIABILITY CLAIMS MADE FORM $1,000,000 AGGREGATE RETRO DATE 04/27/92 DESCRIPTION OF OPERATIONS/LOCATIONNEHICLES/EXCLUSIONS ADDED ENDORSEMENT/ SPECIAL PROVISIONS PROJECT: ELLIOTT BRIDGE SEWER PROJECT #0283800 CITY OF RENTON IS ADDITIONAL INSURED ON THE GENERAL LIABILITY POLICY AS RESPECTS WORK DONE BY, OR ON BEHALF OF, THE NAMED INSURED. SEE ATTACHED CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED, OR MATERIALLY CHANGED, BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. CITY OF RENTON 1055 SOUTH GRADY WAY RENTON, WA 98055 AUTHORIZED REPRESENTATIVE �� Attention: MICHAEL BENOIT ACORD 25 (2001108) Certificate # 15533 ASHLEY HURD POLICY NUMBER: 52SBADE5745 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE Name of Person or Organization; CITY OF RENTON 1055 S GRADY WAY RENTON, WA 98055 (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by or for you CG 20 10 11 85 Copyright. Insurance Services Office, Inc., 1984 Certificate # 15533 CITY OF RENTON ..it Planning/Building/PublicWorks Department J e Tanner, Mayor Gregg Zimmerman P.E., Administrator March 4, 2002 Gareth A. Grube Penhallegon Associates Consulting Engineers, Inc. 1601 Second Ave., Suite 1000 Seattle WA 98101 SUBJECT: ELLIOTT BRIDGE REPLACEMENT SANITARY SEWER COORDINATION / DESIGN Gareth, Attached for execution are two originals of the consultant agreement for the Elliott Bridge Replacement Sanitary Sewer Coordination / Design. Please complete the following and return the contracts to me. 1. Add the updated Exhibit B — Time of Schedule of Completion, 2. Have the Affidavit of Compliance executed, 3. Have the contract executed, 4. Provide the certificate of insurance for 2002. Language on this certificate must require 45 days written notice to the City prior to cancellation and not include language relieving the insurance company, its agents or representatives of obligation or liability to meet the 45-day requirement. If the correct language is not available, the inappropriate wording may be lined out and acknowledged by the insurance company. Once the City has executed the contract, we will return one original to you for your records. If you have any questions, you may contact me at (425) 430-7206. Sincerely, Michael A. Benoit Wastewater Utility Engineer Enclosure \\CENTRAL\SYS2\DEPTS\PBPW\DIVISION.S\UTILITIE.S\WASTE.WTR\ElliottBrid e\Pace Letter Ol.doc/MAB:lf R E N T O N 1055 South Grady Way - Renton, Washington 98055 AHEAD OF THE CURVE This paper contains 50 % recycled material, 30 % post consumer o��Y o� CITY OF RENTON HUMAN RESOURCES & RISK MANAGEMENT DEPARTMENT MEMORANDUM 71 f - //i'r-.rs HM 7 DATE: March 18, 2002 g TO: Mike Benoit Utility Systems ` F REINTON FROM: 44/e1 R. Webby, HR&RM Administrator SUBJECT: Insurance Review/ Penhallegon Associates Consulting Engineers Elliot Bridge Replacement Sanitary Sewer Coordination / Design I have reviewed the certificate of insurance for the above -mentioned contract. The insurance coverage, provided for this contract, meets the City's risk management requirements. CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: March 18, 2002 TO: Mike Webby, HR & Rick Management Administrator FROM: Mike Benoit v13 SUBJECT: Elliott Bridge Replacement Sanitary Sewer Coordination / Design Please review the attached consultant contract agreement for insurance requirements. The County is replacing the Elliott Bridge and we are coordinating with them to have a sewer main installed on the bridge during construction for our future use. A response by March 25, 2002 would be appreciated. If you have any questions, please contact me at Ext. 7206. H:\DIVISION.S\UTILITIE.S\WASTE.WTR\Elliott Bridge\Webby01.doc\mab CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: March 18, 2002 TO: Mike Webby, HR & Rick Management Administrator FROM: Mike Benoit,*J SUBJECT: Elliott Bridge Replacement Sanitary Sewer Coordination / Design Please review the attached consultant contract agreement for insurance requirements. The County is replacing the Elliott Bridge and we are coordinating with them to have a sewer main installed on the bridge during construction for our future use. A response by March 25, 2002 would be appreciated. If you have any questions, please contact me at Ext. 7206. H:\DIVISION.S\UTILITIE.S\WASTE.WTR\Elliott Bridge\Webby01.doc\mab HALL & COMPANY Fax:3605983703 Mar 18 2002 10:07 P.01 A��e0mCERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY) PRODUCER IR HALL 4, COMPANY MAR 18 02 THIS CERTIFICATE IS ISSUED AS A AVENUE N.E. MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE A 96370 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 0)51 -3700 POLICIES BELOW. AFFORDED BY THE 98-3703 en Lio#: 91-1461089 COMPANIES AFFORDING COVERAGE PENHALLEGON ASSOCIATES CONSULTING ENGINEERS, COMPANY A: HARTFORD FIRE INSURANCE COMPANY INCJ TARGET SURVEYORS COMPANY 8: CNA 750 SIXTH STREET SOUTH, SUITE 200 COMPANY C: KIRKLAND WA 98033 COMPANY D: COMPANY E: THIS NOTWITHSTANDING NOT TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT OR MAY PERTAIN, THE INSURANCE AFFORDED WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO A! L THE TERMS, EXCLUSIONS AND CONDrrICNS OF SUCH POLICIES. Hs TYPE OFINSURANCQ POLICY NUMBER QENERA-L LIABILITY pOLlcv ICFECTrvA ���,. cxr',gnnOM LIMITS X COMMERCIAL OfNERAL LIABILITY 52SBADE5745 APR 27 01 APR 27 02 EAOH OCCURRENCE S 1, 000,000 CLAIMS MADE T OCCUR FIRE DAMAGE (Any One Fire) S 300,000 A MED. EXP (Any One Poraon) S 10,000 PERSONAL 8 ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; GENERAL AGGREGATE S 2,000,000 POLICY PRCU LOC PRODUCTS-COMPfOP AGG. $ 2,000,000 AUTOMOHILr LL4BtUTY 523BADE5745 ANY AUTO APR 27 01 APR 27 02 COMBINED SINGLE LIMIT ALL OWNED AUTOS (E2 occident) 8 1,000,000 SCHEDULED AUTOS A BODILY INJURY X MIRED AUTOS (Per Derson) 6 0 X NON•OWNEO AUTOS BODILY INJURY (Peracd0ent) S 0 GARAGE UAAiLn'Y PROPERTY DAMAGE 8 0 ANY AUTO AUTO ONLY - EA AOCIDENT S 0 OTHER THAN EA ACC S 0 EXCESSLIABrUTY AUTO ONLY: AGG S 0 OCCUR CLAIMS MADE EACH OCCURRENCE g 0 AGGREGATE g 0 DEDUCTIBLE D S 0 RETENTION S 0 s 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 52SBADE5745 D S 0 APR 27 01 APR 27 02 tvc STATLL A OTh Eq E.L. EACH ACCIDENT $ 11000,000 E.L. DISEASE -EA EMPLOYEE S 1,000 000 OTHER: e PROFESSIONAL LIABILITY PRA 11 399 T5 87 E.L,DISEASE-POUCYLIMIT S 1,000,000 APR 27 01 APR 27 04 $1,000,000 EACH CLAIM CLAIMS MADE FORM $1,000,000 AGGREGATE RETRO DATE: 4/27/92 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS PROJECT: ELLIOTT BRIDGE SEWER PROJECT #0283800 CITY OF RENTON IS ADDITIONAL INSURED ON THE NAMED INSURED. SEE ATTACHED GENERAL LIABILITY POLICY AS RESPECTS WORK DONE BY, OR ON BEHALF OF, THE CF,R F CA E ftOWER ADDITIONAL INSURED: INSURER LETTQR; C ON CITY OF RENTON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED, OR MATERIALLY CHANGED, BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 45 DAYS WRITTEN NOTICE TO 1055 SOUTH GRADY WAY LEFT. THE CERTIFICATE HOLDER NAMED TO THE RENTON, WA 98055 Att©ntlon: AUTHORIZED REPREz TA V 7 MICHAEL BENOIT ACORD 25•S (7/97) Certlficate it 15333 HALL & COMPANY Fax:3605983703 Mar 18 2002 10:07 P.02 POLICY NUMBER: 52SBADE5745 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (Form B) This endorsement modifles insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE Name of person or Organization; CITY OF RENTON 1055 S GRADY WAY RENTON, WA 98055 (If no entry appears above. information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' far that insured by or for you CG20101185 Copyright, Insurance Services Office, Inc., 1984 Ceruriicate * 15533 ENGINEERING ANNUAL CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into on this , day of 2002, by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and Penhallegon Associates Consulting Engineers, Inc. whose address is 1601 Second Ave., Suite 1000, Seattle, WA 98101, at which work will be available for inspection, hereinafter called the "CONSULTANT." PROJECT NAME: Elliott Bridge Replacement Sanitary Sewer Coordination / Design 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. H:\DIVISION.S\UTILITIE.S\WASTE.wTR\Elliott Bridge\Pace Contract.doc\ mab Iza/Data_Center/Forms/City/Contracts /2000 Consultant.doe bh H 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: 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." 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." H:\DIVISION.S\iPITLITIE.S\WASTE.WTR\Elliott Bridge\Pace Contract.doc\ mab 2za/Data_Centet/Fomis/City/Contracts /2000_Consultant.doc bh 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. 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. 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. H:\DIVISION.S\UTILME.S\WASTE.WTR\Elliott Bridge\Pace Contract.doc\ mab 3za/Data_Center/Forms/City/Contracts /2000 Consultant.doc bh 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 $ 36,040 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. 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 151.20 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 12 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. H:\DNISION.S\UTfLrrIE.S\WASTE.wTR\Elliott Bridge\Pace Contract.doO mab 4za/Data Center/Forms/City/Contracts /2000 Consultant.doc bh 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 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 H:\DIVISION.S\UTILITIE.S\WASTE.WTR\Elliott Bridge\Pace Contract.doc\ mab 5za/Data_Center/Forms/City/Contracts /2000_Consultant.doc bh 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. 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, 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 perfonning 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. H:\DIVISION.S\LITILrrE.S\WASTE.WTR\Elliott Bridge\Pace Contract.doc\ mab 6za/Data_Center/Forms/City/Contracts /2000_Consultant.doc bb 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. 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 Director of Planning/ Building/Public Works 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. H:\DIVISION.S\UTILITIE.S\WASTE.WTR\Elliott Bridge\Pace Contract.doc\ mab 7za/Data_Center/Forms/City/Contracts /2000_Consultant.doc bh 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 except as limited below. The Consultant shall secure general liability, property damage, auto liability, and professional liability coverage in the amount of $1.0 million, with a General Aggregate in the amount of $2 million, unless waived or reduced by the City. The Consultant shall submit a completed City of Renton Insurance Information Form, and the Standard Acord Certification Form prior to the execution of the contract. The City of Renton shall be named as an "additional insured" on all contracts/projects. 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 limits of said insurance shall not, however, limit the liability of Consultant hereunder. All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City. The City will normally require carriers to have minimum A.M. Best rating of A XII. The Consultant shall keep all required coverages in full force and effect during the life of this project, and a minimum of forty five days' notice shall be given to the City prior to the cancellation of any policy. 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. H:\DMSION.S\UTILME.S\WASTE.WTR\Elliott BridgeTace Contract.doc\ mab gza/Data_Center/Forms/City/Contracts /2000 Consultant.doc bh 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 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. XVII 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 Signature Date CITY OF RENTON Jesse Tanner, Mayor Date A NN F C. - type or print name ATTEST: y \ t--L f re.s-,-& �=-k Title Bonnie I. Walton, City Clerk H:\DNISION.S\UTILrrIE.S\wASTE.wTR\Elliott BridgeTace Contract.doc\ mab 9za/Data_Center/Fomis/City/Contracts /2000_Consultant.doc bh Exhibit A Scope of Services City of Renton Elliott Bridge Sewer GENERAL The purpose of this project is to analyze alternatives and develop a preferred route for a conveyance sewer crossing the Cedar River at 154th Place SE over a new bridge (Elliott Bridge) and roadway proposed for that site. The bridge and adjacent roadway designs have been nearly completed. Project length is approximately 616 meters (20001f). The final design for the sewer will be integrated into the existing design and construction documents. The schedule for completion of this design work will be matched to the schedule for permitting and advertisement of the overall project work. TASK 100 — PROJECT MANAGEMENT AND COORDINATION This task is for general coordination for the project, including correspondence, plan review/discussion meetings, in-house quality assurance, project scheduling and labor assignment, and other administrative tasks. PACE will also prepare monthly invoices for work performed during the previous month. Included with the invoices will be pertinent backup materials and progress reports. Consultant Responsibilities: 1. Provide monthly progress reports including a summary of each task status, a discussion of potential problems or items out side of the scope, and a discussion of the status of schedule and budget for each task. 2. Provide a project schedule showing key tasks and milestones. 3. Coordinate planning and design efforts with King County Department of Transportation. City Responsibilities: 1. Review and comment on scope and proposal 2. Provide point of contact and comment and review of all information provided. Assumptions: 1. Invoices will be prepared monthly. 2. Invoices will be include itemized list of project staff, hours, rates, and detailed expenses. 3. Backup information for invoices will not be required. 4. Schedule will be evaluated monthly and updates will be prepared as appropriate. Work Products: 1. Monthly invoices. 2. Monthly progress reports 3. Schedule updates as appropriate. 4. Meeting minutes for all meetings attended by PACE, except for construction meetings. TASK 200 — DATA GATHERING This task includes obtaining existing background data and existing electronic files for analysis and design purposes. Consultant Responsibilities: l . Identify and contact available sources of information. 2. Evaluate data and highlight and resolve deficiencies or questions. City Responsibilities: 1. Provide available data as requested. 2. Assist in obtaining or authorizing data collection from other agencies. Assumptions: 1. Adequate geotechnical and utility information exists without further field exploration and will be made available to the design team. Work Products: 1. File of collected data will be distributed or retained by Consultant as directed by City. TASK 300 — PERMIT ASSISTANCE This task includes providing information and recommendations as appropriate during the permit process. Consultant Responsibilities: 1. Provide assistance during the permit process for issues related to the proposed sewer. City Responsibilities: 1. Review and comment on permit information forwarded to others. Assumptions: 1. No separate permit will be required because of the addition of the sewer piping to the existing roadwaylbridge construction contract. Work Products: 1. File of available data to be distributed or retained by Consultant at the direction of the City. TASK 400 — SURVEY This task includes providing limited field survey time to confirm existing piping and structure locations. Consultant Responsibilities: Provide field survey crews and equipment as appropriate for limited checking of field conditions. City Responsibilities: Acquire or confirm right -of -entry if any of the work is on private property. Assumptions: 1. Existing survey information will be available both electronically and in hard copy and will be provided by King County or through the City of Renton. 2. Existing features will provide sufficient local horizontal and vertical control for design and construction purposes. No separate horizontal or vertical control will be developed for the work. Work Products: Confirmed elevations and dimensions. TASK 500 — ALTERNATIVE ANALYSIS This task includes developing a brief comparison of alternative routing of the proposed sewer segment south of the bridge structure such that an optimum route can be selected. Consultant Responsibilities: 1. Identify and conceptually develop up to three alternative routes for the pipe. 2. Provide sketches, calculations, criteria matrix, and cost estimate for each. City Responsibilities: 1. Determine pipe sizes, lateral connection requirements, and minimum slope and installation criteria in support of analysis. 2. Select preferred route and arrangement. Assumptions: No land use or system hydraulic analysis will be required for pipe size/depth determination. The City of Renton will provide sewer size and capacity values. Work Products: Letter report detailing analysis and providing recommendation for pipe route. TASK 600 —FINAL DESIGN This task includes preparation of construction plans and specifications for the sewer in a format that makes them suitable for incorporation into the overall construction contract(s). Consultant Responsibilities: 1. Provide 60%, 90% and final construction drawings for the sewer and appurtenances. Include specific details and notes and coordinate their insertion onto other discipline drawings. 2. Incorporate appropriate review comments into the drawings. 3. Provide 60%, 90% and final specifications for the sewer in WSDOT/APWA format. Provide wording and coordinate insertion into other discipline specifications. 4. Incorporate appropriate review comments into the specifications. 5. Provide 60% and final estimate of sewer probable cost. 6. Coordinate plan, profile, and detail sheets with King County Department of Transportation. City Responsibilities: 1. Provide or assist in the provision of border and title blocks for design. 2. Select sewer sizes, minimum slopes, and lateral connections for proposed sewer. Assumptions: 1. Work will be done in AutoCAD 2000 format. 2. The project will be completed in the metric system to match the existing design. Work Products: 1. 3 copies of full-size for city review and the King County required number of full and half-size copies of the 60% design documents in hard copy for review. 2. 3 copies of full-size for City review and the King County required number of 90% design documents in hard copy for review. 3. 1 copy of full size and 1 copy of %-size final drawings in reproducible format and 1 electronic copy of drawings and specifications. TASK 700 — BID PERIOD ASSISTANCE This task includes assistance with contractor questions during the bid process and assistance with bid review. Consultant Responsibilities: Provide bid assistance. City Responsibilities: 1. Coordinate advertisement and receipt of bids with King County. 2. Determine responsiveness criteria for sewer line work. Work Products: Qualified contractor to complete sewer construction. TASK 800 — CONSTRUCTION PERIOD ASSISTANCE This task includes providing shop drawing review and recommendation and site visits during construction as appropriate. Consultant Responsibilities: 1. Provide shop drawing review for sewer pipe and appurtenances and recommendation. 2. Provide experienced staff for site visits and observation. City Responsibilities: 1. Coordinate inspection and document distribution with King County. Assumptions: 1. Regular inspection or construction observation will be provided by others. 2. Site visits will be limited to two. Work Products: Report of site visits. TASK 900 — COMMISSIONING AND STARTUP This task includes final inspection and punch list development. Consultant Responsibilities: Provide final inspection and punch list development. r M Cl) ID ------------------- O N N C D 3 7 N N W l(i N � U m C la0 N a m N V V V co v O) Q N m Y E N C N M a O. 0 E H o •� m r o a c � c d o w w a` w O M N L.... - .... 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N m m N m N m f� p N m A m fq y m m N m T m T m a (0 7 O� 1n M O O N O: In O O N C Y m r _ n � cn a ; N o y o m 0 (U a) mo .N 0) C O O` O Z a c :L C Q N N C Q N m •� .j _.N N Q' 0 d m a' N LL �• E N O_ r m U O@ > > 01 0 +l o C 3 Y`� U m c E cU : rn CJ ii CO o L C - m A C N ~ H U Z '0 U) Q Q 'IL C N ki m r_ oM d o ®' w� � U � m N FFF MN-- N m O a0 w d N L m Y FO- O a) 4 2 a m (D a - c O m Q a` c a Q c Q aU V c 0 3 CD cc m E v U =w a(D w A � y U U o � � Q � m � it o a W � C U a J t0 U (D m J ) N U 0 Q U i a) 2m CD 0 � O C W W m � m m m o co a � n vm "C c a CD = rn Fn C N cG t6 N Z O � a` a` W Q a O A M co 00 v 0 co co co aO (D ` N w N 7 N N aD 10 V cD N N -cr N O O N O M O '-T O LO O CO O rl O CO O O -O `O U U c n M � � w O Q � y U C O G O a "c m Cf C y a C) 0 Co •� c C6 y Q Q CO 'O @ Q y 0 U y U C`> �-. -� �+ Q 2 9 a) .� � E E = a N N cV O N M fA O O v> O o U 69 0 a co J 0 0 Zn. 00 0 � 0 6� o co o v oco co v o tD v wi 0 tD oco rn tD � o � 64 cD o o aD cD N lo , v> 69 �r O Co V Ffl R O Mco N co th c co 69 6% cO cp �c cc) o I- to 69 M -N co 69 V), •c° O mO.. off) L6 Q u ) N d9 V> C> C> a N n O U.) 69 t0 th M FA � 0 m C d CSI m w o m J (D aU U N cc M LU � O s Q w i0 a O F-- "o, m c c a`> W U c _v tWp L � F- U U � cLi o U O C� � to CD a U E2 o a ca ca i C1 f`O 0 o 69 To O F- cm Q U_N V y /A t D O 06 O m E y a o CL d O O N U N y .52 0 w a' a a 2 a 2 a Ccm N O M m c .0 a COST PLUS NET FEE DETERMINATION DIRECT SALARY COST: Personnel Principal Engineer Chief Engineer Engineer Surveyor Surveyor Planner Bookkeeper Executive Secretary CADD Operator/Drafter Clerical Net Fee 12 % of direct salary cost plus overhead DIRECT NON -SALARY COST: Travel and Per Diem Cars at $ 0.35 / mile Per Diem N/A Office and Equipment Computer $N/A Hourly Rates of Pay $125 $113 $73 $104 $88 N/A N/A N/A $73 $40 Reproduction Expenses @ Lump Sum..................................................................$ 750.00 Communications.......................................................................................................$ N/A H:\DIVISION.S\UTILIM.S\WASTE.WTR\Elliott Bridge\Pace Contract.doc\ mab I Iza/Data_Center/Forms/City/Contracts /2000_Consultant.doc bb EXHIBIT C (cont.) SUMMARY OF FEE FOR ENGINEERING SERVICES BREAKDOWN OF OVERHEAD COST ProfitSharing........................................................................................................... 4.1 % FICA......................................................................................................................... 15.6 % Unemployment Compensation................................................................................. 0.0 % Medical Aid and Industrial Insurance...................................................................... 0.1 % Company Insurance and Medical............................................................................. 10.5 % Vacation, Holiday and Sick Leave ............................... State B & O Tax & Other Business Tax.................................................................. 5.3 % Insurance.................................................................................................................. 3.5 % Administration and Time Unassignable................................................................... 47.3 % Printing, Stationery and Supplies............................................................................. 6.0 % TravelNot Assignable.............................................................................................. 1.1 % Telephone and Telegraph Not Assignable............................................................... 1.4 % Fees, Dues, Professional Meetings........................................................................... 1.2 % Utilities and Maintenance......................................................................................... 0.2 % Rent.......................................................................................................................... 21.8 % RentalEquipment..................................................................................................... 0.0 % Office Miscellaneous, Postage................................................................................. 6.3 % Professional Services............................................................................................... 2.7 % TOTAL SUMMARY OF COSTS Name of Project: Elliott Bridge Coordination 151.0 % DirectSalary Cost.............................................................................................................................. $12,552 Overhead Cost (including payroll additives.................................................................................. 151.0 % $18,956 Sub -Total $31,508 NetFee............................................................................................................ 12 % Direct Non -Salary Costs: a. Travel and per diem.............................................................. N/A b. Reproduction expenses....................................................... $ 750 c. Computer expense................................................................ N/A d. Outside consultants............................................................... N/A e. Other (specify)...................................................................... N/A Total $ 750 Sub Total GRAND TOTAL $ 36,040 H:\DIVISION.S\UPILITIE.S\WASTE.WTR\Elliott Bridge\Pace Contract.doc\ mab $3,781 $ 750 12za/Data_Center/Forms/City/Contracts /2000_Consultant.doc bh RESOLUTION NO. 3229 CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3229 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 race, color, national origin, ethnic background, gender, marital status, religion, age or 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) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer, department administrators, managers, supervisors, Contract Compliance Officers and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. (4) 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 in the City's Affirmative Action Plan and Equal Employment Program. 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, this 7thday of October, 1996. CITY OF RENTON: mayor H:\DIVISION.S\UI'ILITIE.S\wASTE.wTR\Elliott Bridge\Pace Contractdoc\ mab RENTON CITY COUNCIL: Council President 13za/Data Center/Forms/City/Contracts /2000 Consultant.doc bb .3 CTIv AFFIDAVIT OF COMPLIANCE ACE hereby confirms and declares that ( Name of contractor/subcontractor/consultant/supplier) It is P A -LC- ` C, ( Name of contractor/subcontractor/consultant/supplier) policy to offer equal opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, disability or veteran status. II 1�� �- complies with all applicable federal, ( Name of contractor/subcontractor/consultant/supplier) state and local laws governing non-discrimination in employment. II. When applicable, PCC-C- will seek out and ( Name of contractor/subcontractor/consultant/supplier) negotiate with minority and women contractors for the award of subcontracts. AaaLC . t em0tjP5 EKEL ✓1U P2si?J0' Print Agent/Representative's Name and Title Agent/Representative's Signature Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. H:\DIVISION.S\VTILITIE.S\WASTE.V;M\Elliott Bridge\Pace Contract.doc\ mab 14za/Data_Center/Forms/City/Contracts /2000_Consultant.doc bh