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HomeMy WebLinkAboutWTR2703638_400Qq, of PUBLIC WORKS DEPARTMENT p M E M O R A N D U M DATE: July 12, 2012 TO: Gregg Zimmerman, Public Works Administrator From: Lys L. Hornsby, Utility Systems Director Staff Contact: Abdoul Gafour, Water Utility Supervisor, x7210 Andrew Weygandt, Water Utility Engineer, x7208 SUBJECT: Surveying Contract Agreement with Bush Roed & Hitchings, Inc. for Base Maps for the President Park Water Main Replacement Project (WTR-27-3638) For your approval and signature, attached are two signed originals of the Surveying Contract Agreement with Bush Roed & Hitchings, Inc., in the amount of $31,648.57, to perform field survey work and to produce base maps for the City's design of the President Park Water Main Replacement project. The Water Utility needs to have professional surveying work to produce base maps which will be used by in-house staff to design for the replacement of about 4,100 feet of old 4-inch and 6-inch steel water main. The project has been scheduled to complete installation ahead of the Transportation Maintenance Annual Street Overlay Program overlay of NE 10th PI, NE 11th St, and NE 11th PI in the President Park neighborhood. The Water Utility has budgeted sufficient funding in our 2012 Capital Improvement Project budget in the Steel/AC Water Main Replacement account (#425.455170) for this contract. Bush Roed & Hitchings, Inc. was selected from the approved 2012 Utility Systems Annual Consultant Roster for surveying services. Risk Management has approved the insurance documents. Water Utility staff will prepare the project plans and specifications, and plans to advertise the President Park Water Main Replacement project for construction in the fall of 2012. Please return the signed originals and we will send them to the City Clerk for execution. Attachments H:\File Sys\WTR - Drinking Water Uti1ity\WTR-27 - Water Project Files\WTR-27-3638 President Park Main Replacement\Survey Contract\3638_memo-to-gregg.doc\AWtp Denis Law City Of ' `�� o Mayor _ Ak w 6s N' Public Works Department - Gregg Zimmerman, P. E., Administrator July 19, 2012 Mr. Jeff McManus, P.L.S. Bush, Roed & Hitchings, Inc. 2009 Minor Avenue East Seattle, WA 98102 RE: NOTICE TO PROCEED — 2012 PRESIDENT PARK WATER MAIN REPLACEMENT PROJECT, CAG-12-102, WTR-27-3638 Dear Mr. McManus: This letter is your official "Notice to Proceed" on the survey contract for the 2012 President Park Water Main Replacement Project. I have attached a signed survey contract, dated July 17, 2012. You are hereby notified to commence work in accordance with the contract. Please reference City of Renton contract number CAG-12-102 on invoices. If you have any questions, please call me at 425-430-7208. Sincerely, Andrew Weygandt, PE Water Utility Project Manager Attachment cc: Abdoul Gafour, Water Utility Engineering Supervisor H:\file Sys\WTR - Drinking Water Utility\WTR-27 - Water Project files\WTR-27-3638 President Park Main Replacement\Survey Contract\3638_Notice to Proceed.doc/AWah Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov ACORO® C E RT I F I CAT E O F LIABILITY INSURANCEF11/29/2012 �� DATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER Degginger McIntosh and Associates 3977 Harbour Pointe Blvd SW Mukilteo WA 98275 CONTACT Renee Soderberg g PHONEA IN (425) 740-5200 FAX No): (425)'140-5201 E-MAIL ,renee@dmainsurance.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:The Travelers Indemnity Comp. INSURED Bush Roed & Hi tchings , Inc. 2009 Minor Ave E Seattle WA 98102 INSURERB:Everest National Insurance Co. INSURER C : INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE Nt1MRFR-CL12112911548 RFVIRION NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWi i HS T ANDiNG ANY REGUiREMENT, 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE INSR SUER WVD POLICY NUMBER POI ICY EFF POLDICEXP YDfYYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 A CLAIMS -MADE a OCCUR X X 680-8833MO59 12/5/2012 12/5/2013 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 X Separation of Insureds X Incl. Contractual Liab. GENERAL AGGREGATE $ 2,000,000 GE N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO LOC $ AUTOMOBILE LIABILITY (CEO, a.,d.D(SINGLE LIMIT 1,000,000 X BODILY INJURY (Per person) $ A ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED X X -8833M705 12/5/2012 12/5/2013 AUTOS AUTOS X PROPERTY DAMAGE Per accident $ X NON -OWNED HIRED AUTOS AUTOS Comp/Collision Deductible $ 500 1 000 X UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 5,000,000 M AGGREGATE $ 5,000,000 A EXCESS LIAB CLAIMS -MADE DED X RETENTION$ 10,000 $ X X SM-CUP-181OT269 12/5/2012 12/5/2013 A WORKERS COMPENSATION WC STATU- X OTH- I ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? ❑ (Mandatory in NH) N 1 A B3121909 4/20/2012 4/20/2013 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 B Professional Liability 79AE001829-121 12/5/2012 12/5/2013 Each Claim $2 , 000 , 000 Retention $25,000 Retroactive Date:2/15/72 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Re: Project No. WTR-27-3638 Name of Project: 2012 President Park Main Replacement Project City of Renton Public works is included as Additional Insured per attached form CGD379(0907) with respect to any and all operations of the Named Insured. Coverage includes a Waiver of Subrogation and Per Project Aggregate per same form, and is Primary and Non -Contributory per attached form CGD037(0405). All endorsements apply per required Written Contract. CERTIFICATE HOLDER CANCELLATION R E! \ /� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE �/ THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Renton Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 1055 S . Grady Way DEC 10 2012 AUTHORIZED REPRESENTATIVE 5th Floor Renton, WA 98057 CITY OF RENTC:lI UTILITY � David Tyner, III/BQ AGURD 25 (2010105) U 1938-2010 AGURD GORPORATION. All rights reserved. INS025(201005).01 The ACORD name and loco are registered marks of ACORD D Q City of EXECUTIVE DEPARTMENT M E M O R A N D U M DATE: July 18, 2012 TO: Andrew Weygandt, PW-Utility Systems FROM: Cindy Moya, Records Management Specialist SUBJECCAG-12-102— Bush, Roed & Hitchings, inc. The attached document has been fully executed and is being returned to you. Please transmit the original to the contractor and retain a copy for your file. The City Clerk has retained an original for the file. Thank you! RECEIVED J U L 19 2012 CITY OF RENTON UTILITY SYSTEMS hArecords specialist\correspondence & memos - cindy\contract - fully executed.doc S1-2009 SURVEYING SERVICES AGREEMENT CAG-12-102 THIS AGREEMENT, made and entered into on this /7'0' , day of 01; by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CHE "CITY," and the consulting firm Bush, Roed and Hitchings, Inc. whose address is, 2009 Minor Ave E, Seattle, WA 98102 at which work will be available for inspection, hereinafter called the "SURVEYOR." PROJECT NAME: Surveying Services for Base Maps for the 2012 President Park Water Main Replacement Project WHEREAS, the City has not sufficient qualified engineering employees to provide surveying services within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional surveying firm to do the necessary field surveying work for Public Works projects and the maintenance of the City's horizontal and vertical control, and WHEREAS, the Surveyor 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 land surveyor, 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 staff this Agreement. WHEREAS, the Surveyor 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: OBJECTIVES AND SCOPE OF WORK The objective of this Agreement is to provide land surveying services for the various departments which require such services during the planning, design and/or construction of City of Renton projects and for the development and maintenance of the City's maps. The scope of work shall include all services necessary to accomplish the work and shall detail the documents to be provided as agreed to under Scopes of Work authorized during the duration of this Agreement. The Surveyor 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 work shall be verified for accuracy and completeness by the Consultant. The Surveyor will be held responsible for the accuracy and completeness of the work, even though the work has been accepted The Surveyor shall perform all work described in this Agreement and accompanying scopes of work to conform with the policies and standards set forth in Section II. 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: 1. Draft GeoSpatial Positioning Accuracy Standards for the National Spatial Data Infrastructure by the Federal Geographic Data Subcommittee, December 1996. 2. All pertinent Washington State legislation, e.g. Chapter 58 of the Revised Code of Washington (RCW). 3. All pertinent sections of the Washington State Administrative Code (WAC), e.g. Chapters 332 WAC. 4. City of Renton Survey Specifications as set forth in Section 1-11 of the City of Renton Supplemental Specifications for the 1997 Standard Specifications for Road, Bridge, and Municipal Construction, adopted May 19, 1997. III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Surveyor 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 Surveyor. The Surveyor will coordinate with other available sources to obtain data or records available to those agencies. The Surveyor shall be responsible for this and any other data collection. The Surveyor shall be responsible for the verification of existing records to insure they represent the accurate and current field conditions. Should field studies be needed, the Surveyor will perform such 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 Surveyor to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings, photographs, photographic negatives, etc. used in the Scope of Work, shall become and remain the property of the City and may be used by it without restriction; except that, any use of such documents by the City not directly related to the Scope of Work pursuant to which the documents were prepared by the Surveyor shall be without any liability whatsoever to the Surveyor. Where possible and feasible all written documents and products shall be printed on recycled paper. Final documents, and interim drafts as feasible, will be printed on both sides of the recycled paper. V TIME OF BEGINNING AND COMPLETION This basic agreement shall be in effect for twelve (12) months from the date of formal acceptance by the City. This agreement may be extended for a maximum of three (3) years, upon agreement by both parties and written authorization by the City. The Surveyor shall not begin work under the terms of this Agreement until authorized in writing by the City by an executed Scope of Work. The time for completion of work performed under this Agreement shall be specified in the Authorized Scope of Work and as authorized in writing. If this contract would expire prior to the completion date of any Scope of Work, then this contract shall be automatically extended to the termination date of the Scope of Work. Established completion time shall not be extended because of any delays attributable to the Surveyor, but may be extended by the City in the event of a delay attributable to the City or because of a delay caused by an act of God or governmental actions or other conditions beyond the control of the Surveyor. A supplemental agreement issued by the City is required to extend the established time. L:\Job-nos\2012080\Surveying\Contracts-COAW\3638_Survey Contra ct.doc\tjp 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 re negotiation or termination of this Agreement by the other party. VI PAYMENT The Surveyor shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. 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 A. Time & Materials Billing Payment for work accomplished shall be on the basis of the Surveyor's hourly billing rate per crew or man hours as appropriate plus material expenses. It is assumed that the billing rate for personnel provided covers the overhead and profit margins for the firm. No payment will be made for overhead or profit beyond the rates established in Exhibit A. The billing rates should cover 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 billing rates are set forth in the attached Exhibit "A" and by this reference made a part of this Agreement. The billing rates may be updated annually by written approval of the Planning/Building/Public Works Administrator. 2. The material 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 material costs will be established for each Scope of Work which when executed will become a part of this Agreement. Billings for any material costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be no greater than 1.10 times the invoiced amount. 3. The maximum amount payable for completion of all work under this Agreement on a time and materials basis is determined by the total of Authorized Scope of Work as shown in Exhibit "A." 4. Progress payments may be claimed monthly for time and materials actually incurred to date as supported by detailed statements. Final payment of any balance due the Surveyor of the gross amount earned per Scope of Work will be made promptly upon its verification by the City after completion and acceptance by the City of the work for each Scope of Work under this Agreement. Acceptance, by the Surveyor of final payment on the Scope of Work shall constitute full and final satisfaction of all amounts due or claimed to be due, for the specific Scope of Work. 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 time for consultant employees and material expenses, the City may conduct employee interviews. Time for the interviews can be billed at normal billing rates. L:\Job-nos\2012080\Surveying\Contracts-COAW\3638_Survey Contract.doc\tjp Acceptance of such final payment by the Surveyor shall constitute a release of all claims of any nature, related to the specific Scope of Work, which the Surveyor may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Surveyor prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Surveyor or to any remedies the City may pursue with respect to such claims. The Surveyor 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 Surveyor receives final payment. VII CHANGES IN WORK The Surveyor shall make all such revisions and changes in the completed work for each Scope of Work as are necessary to correct mistakes and blunders 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 Surveyor 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 Surveyor perform work or render services in connection with a Scope of Work Assignment 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 to the Scope of Work which will set forth the nature and scope thereof. Work under a supplemental Scope of Work shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under a Scope of Work shall be resolved before the work is undertaken. IX EMPLOYMENT The Surveyor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Surveyor, 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 Surveyor, 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 Surveyor, while engaged in the performance of any work or services required by the Surveyor under this Agreement, shall be considered employees of the Surveyor 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 Surveyor'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 Surveyor. L:\Job-nos\2012080\Surveying\Contracts-COAW\3638_Survey Contract.doc\tjp The Surveyor 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 public employer of such person. If during the time period of this agreement, the Surveyor finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the Surveyor will actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Surveyor 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, sexual orientation, 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 terminations; rates of pay or other forms of compensation; selection for training; rendition of services. The Surveyor understands and agrees that if it violates this Non -Discrimination provision, this Agreement may be terminated by the City and further that the Surveyor 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 Surveyor, subject to the City's obligation to pay Surveyor in accordance with subparagraphs C and D below. In the event of the death of a member, partner or officer of the Surveyor, or any of its supervisory personnel assigned to the project, the city may elect to terminate this contract, but if not so terminated, the surviving members of the Surveyor 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 re -negotiations of this Agreement between surviving members of the Surveyor 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 Surveyor, 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 Surveyor, a final payment shall be made to the Surveyor for actual time and material expenses for the work complete at the time of termination of the Agreement. In addition, the Surveyor 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 Surveyor of the Notice to Terminate, except for work which may be required to complete checking of finalized work and record surveys as required by Washington State law. If the accumulated payment made to the Surveyor 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 Surveyor shall immediately reimburse the City for any excess paid. L:\Job-nos\2012080\Surveying\Contracts-COAW\3638_Survey Contract.doc\tjp D. In the event the services of the Surveyor are terminated by the City for fault on the part of the Surveyor, 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 Surveyor 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. 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 Surveyor 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 Surveyor. 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 Surveyor for any breach of this Agreement by the Surveyor, or for failure of the Surveyor 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 Surveyor. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Surveyor and the City shall be referred for determination to the Administrator of the Public Works Department 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. XIII LEGAL RELATIONS The Surveyor 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 Surveyor 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 Surveyor's negligent acts, errors, or omissions under this Agreement provided that nothing herein shall require the Surveyor 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 Surveyor'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 Surveyor 's negligence or the negligence of the Surveyor's agents or employees except as limited below. The Surveyor 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. L:\Job-nos\2012080\Surveying\Contracts-COAW\3638_Survey Contract.doc\tjp The City of Renton shall be named as an "additional insured" on the contractor's policy with that coverage being primary and non-contributory to any other policy(ies) available to the City. Surveyor shall furnish copies of the declarations pages of relevant insurance policies to the City prior to execution of any Scope of Work. 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. All coverages provided by the Surveyor 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 Surveyor shall keep all required coverages in full force and effect during the life of any Scope of Work, and a minimum of thirty days' notice shall be given to the City prior to the cancellation of any policy. The Surveyors'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 contractor'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 Surveyor 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 Surveyor 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. Later Scope of Work s 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 l:\Job-nos\2012080\Surveying\Contracts-COAW\3638_Survey Contract.doc\tjp This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Surveyor 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 Surveyor, 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 July 9, 2012 Signature Date Darrell C. Nance type or print name Principal Title CITY OF RENTON 4 Gregg Al I 9>Kerman, P.E., Administrator Date City of Renton Public Works Department L:\Job-nos\2012080\Surveying\Contracts-COAW\07-06-12 3638_Survey for Signature Replacement.doc\tjp S I -2 EXHIBIT A SCOPE OF WORK City of Renton Project No. WTR-27-3638 Name of Project: 2012 President Park Main Replacement Project Scope of Work I. DESCRIPTION OF PROPOSED WORK — See attached proposal letter dated June 19, 2012 (Exhibit Al) II. ESTIMATE OF HOURS AND COST— See attached, next page. III. SCHEDULE FOR COMPLETION OF AUTHORIZED WORK IV. ADDITIONAL ITEMS TO BE FURNISHED BY THE CONSULTANT SUMMARY OF FEE FOR ENGINEERING SERVICES DirectSalary Cost.......................................................................................................................... $10,192.24 Overhead Cost (including payroll additives.................................................................................166.06 % $16,637.95 Sub -Total $26,830.19 NetFee............................................................................................................. 30 % $4,991.38 Direct Non -Salary Costs: a. Travel and per diem ............................................... $ b. Reproduction expenses ......................................... $ c. Computer expense ................................................. $ d. Outside consultants ............................................... $ e. Other (specify)....................................................... $ Total $ 0.00 Sub Total $0 GRAND TOTAL $ 31,648.57 If you concur in this Scope of Work Authorization and agree to the items as stated above, please sign in the appropriate spaces below and return to this office for final action. L:\Job-nos\2012080\Surveying\Contracts-CCAW\3638_Survey Contract.doc\tjp BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVE E SEATTLE, WA 98102 EXHIBIT A Estimate of Hours and Cost City of Renton Project #WTR-27-3638 2012 President Park Main Replacement Project DIRECT OVERHEAD SALARY COST RATE NET FEE BILLING HOURS TOTAL 100% 166.06% 30% RATE CLASSIFICATION wsdot PROJECT MANAGER (PLS) $ 33.50 $ 55.63 $ 16.69 $ 105.82 26.00 2,751.30 SURVEY CAD TECHNICIAN $ 33.99 $ 56.44 $ 16.93 $ 107.37 80.00 8,589.35 RESEARCH TECHNICIAN $ 25.91 $ 43.03 $ 12.91 $ 81.84 12.00 982.13 ADMINISTRATION $ 25.91 $ 43.03 $ 12.91 $ 81.84 12.00 982.13 SURVEY PARTY CHIEF $ 30.32 $ 50.35 $ 15.10 $ 95.77 96.00 9,194.32 SURVEY TECHNICIAN $ 17.00 $ 28.23 $ 8.47 $ 53.70 96.00 5,155.13 UTILITY LOCATOR $ 22.58 $ 37.50 $ 11.25 $ 71.33 56.00 3,994.21 31,648.57 EXHIBIT A (cont.) SCOPE OF WORK City of Renton Project No. WTR-27-3638 Name of Project: 2012 President Park Main Replacement Project The maximum amount payable under this work authorization inclusive of all fees and other costs is $ 31,648.57 Direct Salary Cost Overhead (including Payroll additives) Direct Non -Salary Costs Net Fee Total Surveyor's Signature SUMMARY OF PAYMENTS UNDER WORK AUTHORIZATIONS Prior Scope of Work Scope of Work Authorization Authorizations No. Total Approving Authority Date of Authorization: L:\Job-nos\2012080\Surveying\Contracts-COAW\07-12-12 3638_Survey Contra ct.doc\tj p 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 n L,06�11 _/� Denis Law, Mayor Attest: Bonnie I. Walton, City Clerk D sty of RENTON CITY COUNCIL uncil Pr sident SEAL)* 2 7C ,>a L\Job-nos\2012080\Surveying\Contracts-COAW\3638_Survey Contract.doc\tjp CITY OF RENTON FAIR PRACTICES POLICY AFFIDAVIT OF COMPLIANCE Bush, Roed & Hitchings, 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. Darrell C. Nance Print Agent/Representative's Name Princioal Print Agent/Representative's Title Agent/Repres tative's Signature July 9, 2012 Date Signed Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this documents) with the contract. L:\Job-nos\2012080\Surveying\Contracts-COAW\07-06-12 3638_Survey for Signature Replacement.doc\tjp S i -2 EXHIBIT "Al" VIA EMAIL June 19, 2012 Mr. Andrew Weygandt City of Renton Public Works 1055 South Grady Way, Fifth Floor Renton, WA 98057 Re: Proposed Land Survey Services — Topographic Survey Vicinity of Monroe Avenue NE & NE 11 `h Street President Park Water Main Replacement (See Exhibit "A") Renton, King County, Washington Dear Mr. Weygandt, We propose to provide land survey services at the above referenced site. The limits of the survey will be as shown on the attached sketch (Exhibit "A"). The specific details are as follows: Control & Datum ► Project boundary will be calculated with bearings and distances shown on the drawing. ► Street centerlines and rights -of -way will be calculated with bearings and distances shown on the drawing. ► Bearings of cross -streets will be calculated and shown. ► City of Renton vertical datum (NAVD 88) will be used. A minimum of eight on -site benchmarks will be set. ► City of Renton horizontal datum (NAD 83/91) will be used. EXHIBIT "Al" Topography ► All surface improvements, pavements, sidewalks, stairs, walls, fencing, signs and parking stalls will be located and shown. ► Exterior building foot prints will be shown along with overhangs, canopies, stairwells and recessed building entries. Building addresses will be shown. ► Existing street channelization will be shown with lane stripes and traffic arrows. ► Full Spot elevations will be shown at 50 foot intervals in the streets to the centerline. Spot elevations will be taken at roadway crowns, lane stripes, edge of parking lanes, flow lines and top of curbs. Spot elevations will indicate existing curb heights. ► Spot elevations will be shown to approximately 0.01 feet. One foot contour intervals will be shown. ► Topography will differentiate between various surface pavements and will show where pavement changes occur (concrete to asphalt, asphalt to brick, etc.). ► All trees greater than 8-inches in diameter will be located and shown. Areas of shrubbery will be outlined and shown. Utilities ► Existing utility poles, wires, bus wires, guy wires and overhead wire crossings will be shown. ► All surface utility features such as rims, grates and vaults will be shown. Water valve rim elevations and nut elevations will be shown. ► All below grade utilities, including pipe types and sizes, rim and invert elevations, will be shown if record of their existence is found. ► Underground service lines will be marked in the field by our utility locating personnel if tracer wires or other metallic features exist below ground. ► Record public utility locations will be shown to the extent that such records exist. Private utility records will also be researched to the extent that they are available. ► We will detect and show existing traffic signal loops, where possible. ► All City of Renton project specifications and requirements will be satisfied as shown on Exhibit `B." EXHIBIT "Al" Deliverables The final survey drawing will be drafted in AutoCAD Map 2009. City of Renton drafting standards will be used (See Exhibit "B"). The electronic files will be made available on our FTP site for downloading. Hard copy plots will be delivered upon final approval. Fees Our fees to provide this service will be $31,648.57. Value BRH understands that a successful project starts with a strong survey drawing as a foundation. The product that we create is not just a drawing but a functional electronic file. From our long experience in the Puget Sound region, we understand the requirements of various local jurisdictions. We also embrace the needs of the design team to receive complete mapping of detectable underground utilities and proper coverage of surface features extending beyond the project limits. Please consider the value you get with a BRHsurvey — our experience produces more than a map. Schedule We will complete and deliver the final drawing within six weeks of authorization to proceed. Professional Responsibility The survey we are proposing to provide will be based on actual, on -the -ground, field measurements and observations. Pursuant to National ALTA/ACSM standards and Washington state law, BRH certifies that all mapping information presented in the survey will be solely the work of BRH personnel, based on information acquired on -site by BRH personnel and record information researched by BRH personnel. The survey will not be produced by 1) relying on mapping obtained by a 3Td party, 2) copying or tracing existing mapping by others, or 3) utilizing internet-based mapping. EXHIBIT "Al" Insurance The activities of Bush, Roed & Hitchings, Inc. are insured for both commercial general liability and professional liability. Commercial general liability limit is $1,000,000 per occurrence and $2,000,000 in the aggregate. Professional liability limit of coverage is $2,000,000. Certificates of Insurance will be furnished upon request. Unless accepted, the terms of this proposal will expire within 60 days of the above date. We appreciate the opportunity to submit this proposal and are looking forward to working with you on this project. We will be contacting you soon to answer any questions. Sincerely, BUSH, ROED & HITCHINGS, INC. /evy cManus, P.L. S. sion Manager / Principal JJM/cd Enclosure EXHIBIT "Al" EXHIBIT "Al" SCOPE: Perform a site survey to identify and map the surface features and existing utilities in the project area. The survey will be used to design and construct the proposed 8-inch and 10-inch water main improvements. The surveying work shall include the following information with the final project deliverables: a. Contours, spot elevations, and surface features in the potential project area. b. Locating pavement, curb and gutter, sidewalks, structures, bridge, and other private utilities driveways, landscaping, vaults, building footprints, street lights, power poles, large trees (over 8") and other surface features within the project area. c. Existing City utilities such as water, sewer and storm systems including: water valve rim and nut elevations, water meter locations, hydrants, water vault locations, sewer and storm manhole and catch basin rim elevations, pipe sizes and invert elevations of all pipes in manholes and catch basins. d. Private Utility locations including, but not limited to, natural gas, electrical power, telecommunications (telephone, fiber optic, cable system, etc.), and others within the project area. Information shall be obtained from visible surface locations, existing site plans, utility location markings through Gray & Osborne's request to the one -call utility locate, and information gathered by the surveyor from the private utilities companies. Any existing fiber optic locations shall show its vertical elevation and any bends determined both horizontally and vertically. (Note: The vertical depth of fiber optic line(s) may be determined by lifting the Qwest manhole and determining the depth.) e. Identify right-of-way lines, and right-of-way centerline for project design and construction. The location of the ROW centerline may need to be established by the surveyor from City benchmarks and plat maps. Identify property lines, easement lines, and property line and easement information within or adjacent to the project. f. Surveying for site investigations such as soil borings, test pits, and utility potholing (if necessary). 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: Draft GeoSpatial Positioning Accuracy Standards for the National Spatial Data Infrastructure by the Federal Geographic Data Subcommittee, December 1996. All pertinent Washington State legislation, e.g. Chapter 58 of the Revised Code of Washington (RCW). All pertinent sections of the Washington State Administrative Code (WAC), e.g. Chapters 332 WAC, Deliverables: 1. Surveyed base map meeting the requirements of the 2004 City of Renton Drafting Standards. The City layering system will be used. The Surveyor shall provide a draft paper copy (24"x 36") and electronic file (AutoDesk Map 2009, Civil 3D 2010, or other approved version) of the base map survey for review and comment by the City. After approval, a final paper copy at 1"=20' scale and an electronic copy will be provided. The paper copy will be stamped and signed by a Surveyor (PLS) registered in the_State of Washington. EXHIBIT ' A2" BUSH, ROED & HITCHINGS, INC. Standard Schedule of Charges and General Conditions - Effective to December 31, 2012 Fee Schedule Archivist $50/Hr. 1 person field crew 8041r. Clerical 50/Hr. 2 person field crew 156/Hr. Drafter 80/11r. 3 person field crew 20341r. Research Technician 87/Hr. 2 person hazardous materials crew 203/11r. Field Representative 80/Hr. Overtime 1.35 x rates Utility Locator 77/11r. Surveying Coordinator 98/Hr. Survey CAD Technician 90/Hr. DIRECT NON -SALARIED COSTS Engineering CAD Technician 84/Hr. 3-1) Laser Scanner 40/11r. Sr. Engineering CAD Designer 109/Hr. Vehicle per diem charge 20/Day Surveyor (PLS) 108/Hr. Mileage .555/Mile Engineer (PE) 114/Hr. Job related expense Cost plus 10% Project Manager (PE, PLS) 115/Hr. Non -account related prints $50 minimum Sr. Project Manager (PE, PLS) 135Br. Non -account related data file transfer $50 minimum Principal 165/11r. Per Diem — Personnel $125/Day Expert Witness (PLS, PE) 19041r. Payment Terms Invoices will be submitted once per month and are payable upon receipt. Accounts remaining unpaid after 60 days will be subject to a 1.5% service charge per month. Collection fees including liens and attorney's fees, as may be required, will be added to the account. Right -of -Entry and Boundary Line Location Client will furnish right -of -entry for BRH to make surveys. Client shall furnish a description of the property where boundary lines are to be established. BRH assumes no liability for the establishment of actual lines of ownership other than as described and certified as such by a title insurance company. BRH will not be responsible for indicating easements, covenants, and restrictions of record on surveys unless furnished with a current title insurance report. At the request of the Client BRH will obtain a report from a title insurance company at Client's expense. Utility Locations When retained to locate utilities, BRH will depend upon utility agency records where verification by field location is not possible. BRH assumes no liability for the accuracy of records or locations provided by others. General and Automobile Liability Insurance BRH, Inc. maintains General Liability Insurance for bodily injury and property damage with a limit of $1,000,000 per occurrence and $2,000,000 aggregate. Automobile Liability and Property Damage Insurance is maintained with combined single limits of $1,000,000. Professional Liability BRH maintains professional liability insurance for losses arising directly from its negligent acts, errors or omissions with limits of $2,000,000 per occurrence and in the aggregate. Service Agreement It is BRH policy to negotiate and execute a Service Agreement setting forth actual scope of work, fees, payment terms, and general conditions prior to commencing services. Date Revised: June 27, 2012 1:\tnisc\rates\Dec 2012 B Bush, Roed & Hitchings, Inc. VIA EMAIL, June 19, 2012 Mr. Andrew Weygandt City of Renton Public Works 1055 South Grady Way, Fifth Floor Renton, WA 98057 Re: Proposed Land Survey Services — Topographic Survey Vicinity of Monroe Avenue NE & NE 11`h Street President Park Water Main Replacement (See Exhibit "A") Renton, King County, Washington Dear Mr. Weygandt, We propose to provide land survey services at the above referenced site. The limits of the survey will be as shown on the attached sketch (Exhibit "A"). The specific details are as follows: Control & Datum ► Project boundary will be calculated with bearings and distances shown on the drawing. ► Street centerlines and rights -of -way will be calculated with bearings and distances shown on the drawing. ► Bearings of cross -streets will be calculated and shown. ► City of Renton vertical datum (NAVD 88) will be used. A minimum of eight on -site benchmarks will be set. ► City of Renton horizontal datum (NAD 83/91) will be used. BRH - Land Surveyors & Civil Engineers 2009 Minor Avenue East, Seattle, WA 98102-3513 Phone: (206) 323-4144 / (800) 935-0508. Fax: (206) 323-7135, Internet: www.brhinc.com CITY OF RENTON PUBLIC WORKS Bush, Roed & Hitchings, Inc. Mr. Andrew Weygandt June 19, 2012 Page 2 ► All surface improvements, pavements, sidewalks, stairs, walls, fencing, signs and parking stalls will be located and shown. ► Exterior building foot prints will be shown along with overhangs, canopies, stairwells and recessed building entries. Building addresses will be shown. No. Existing street channelization will be shown with lane stripes and traffic arrows. P. Full Spot elevations will be shown at 50 foot intervals in the streets to the centerline. Spot elevations will be taken at roadway crowns, lane stripes, edge of parking lanes, flow lines and top of curbs. Spot elevations will indicate existing curb heights. IN. Spot elevations will be shown to approximately 0.01 feet. One foot contour intervals will be shown. ► Topography will differentiate between various surface pavements and will show where pavement changes occur (concrete to asphalt, asphalt to brick, etc.). ► All trees greater than 8-inches in diameter will be located and shown. Areas of shrubbery will be outlined -and shown. Utilities ► Existing utility poles, wires, bus wires, guy wires and overhead wire crossings will be shown. ► All surface utility features such as rims, grates and vaults will be shown. Water valve rim elevations and nut elevations will be shown. ► All below grade utilities, including pipe types and sizes, rim and invert elevations, will be shown if record of their existence is found. ► Underground service lines will be marked in the field by our utility locating personnel if tracer wires or other metallic features exist below ground. ► Record public utility locations will be shown to the extent that such records exist. Private utility records will also be researched to the extent that they are available. ► We will detect and show existing traffic signal loops, where possible. ► All City of Renton project specifications and requirements will be satisfied as shown on Exhibit "B." CITY OF RENTON PUBLIC WORKS Bush. Roed & Hitchings, Inc. Mr. Andrew Weygandt June 19, 2012 Page 3 Deliverables ► The final survey drawing will be drafted in AutoCAD Map 2009. City of Renton drafting standards will be used (See Exhibit `B"). The electronic files will be made available on our FTP site for downloading. ► Hard copy plots will be delivered upon final approval. Fees Our fees to provide this service will be $31,610. Value BRH understands that a successful project starts with a strong survey drawing as a foundation. The product that we create is not just a drawing but a functional electronic file. From our long experience in the Puget Sound region, we understand the requirements of various local jurisdictions. We also embrace the needs of the design team to receive complete mapping of detectable underground utilities and proper coverage of surface features extending beyond the project limits. Please consider the value you get with a BRH survey — our experience produces more than a map. Schedule We will complete and deliver the final drawing within six weeks of authorization to proceed. Professional Responsibility The survey we are proposing to provide will be based on actual, on -the -ground, field measurements and observations. Pursuant to National ALTA/ACSM standards and Washington state law, BRH certifies that all mapping information presented in the survey will be solely the work of BRH personnel, based on information acquired on -site by BRH personnel and record information researched by BRH personnel. The survey will not be produced by 1) relying on mapping obtained by a 3'a party, 2) copying or tracing existing mapping by others, or 3) utilizing internet-based mapping. CITY OF RENTON PUBLIC WORKS Mr. Andrew Weygandt June 19, 2012 Page 4 Insurance Bush, Roed & Hitchings, Inc The activities of Bush, Roed & Hitchings, Inc. are insured for both commercial general liability and professional liability. Commercial general liability limit is $1,000,000 per occurrence and $2,000,000 in the aggregate. Professional liability limit of coverage is $2,000,000. Certificates of Insurance will be furnished upon request. Unless accepted, the terms of this proposal will expire within 60 days of the above date. We appreciate the opportunity to submit this proposal and are looking forward to working with you on this project. We will be contacting you soon to answer any questions. Sincerely, BUSH, ROED & HITCHINGS, INC. /eyy cManus, P.L.S. ision Manager / Principal JJM/cd Enclosure EXHIBIT "A" IWAVr111IN:111111 SCOPE: Perform a site survey to identify and map the surface features and existing utilities in the project area. The survey will be used to design and construct the proposed 8-inch and 10-inch water main improvements. The surveying work shall include the following information with the final project deliverables: a. Contours, spot elevations, and surface features in the potential project area. b. Locating pavement, curb and gutter, sidewalks, structures, bridge, and other private utilities driveways, landscaping, vaults, building footprints, street lights, power poles, large trees (over 8") and other surface features within the project area. c. Existing City utilities such as water, sewer and storm systems including: water valve rim and nut elevations, water meter locations, hydrants, water vault locations, sewer and storm manhole and catch basin rim elevations, pipe sizes and invert elevations of all pipes in manholes and catch basins. d. Private Utility locations including, but not limited to, natural gas, electrical power, telecommunications (telephone, fiber optic, cable system, etc.), and others within the project area. Information shall be obtained from visible surface locations, existing site plans, utility location markings through Gray & Osborne's request to the one -call utility locate, and information gathered by the surveyor from the private utilities companies. Any existing fiber optic locations shall show its vertical elevation and any bends determined both horizontally and vertically. (Note: The vertical depth of fiber optic line(s) may be determined by lifting the Qwest manhole and determining the depth.) Identify right-of-way lines, and right-of-way centerline for project design and construction. The location of the ROW centerline may need to be established by the surveyor from City benchmarks and plat maps. Identify property lines, easement lines, and property line and easement information within or adjacent to the project. f. Surveying for site investigations such as soil borings, test pits, and utility potholing (if necessary). 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: 1. Draft GeoSpatial Positioning Accuracy Standards for the National Spatial Data Infrastructure by the Federal Geographic Data Subcommittee, December 1996. 2. All pertinent Washington State legislation, e.g. Chapter 58 of the Revised Code of Washington (RCW). 3. All pertinent sections of the Washington State Administrative Code (WAC), e.g. Chapters 332 WAC. Deliverables: 1. Surveyed base map meeting the requirements of the 2004 City of Renton Drafting Standards. The City layering system will be used. The Surveyor shall provide a draft paper copy (24"x 36") and electronic file (AutoDesk Map 2009, Civil 3D 2010, or other approved version) of the base map survey for review and comment by the City. After approval, a final paper copy at 1"=20' scale and an electronic copy will be provided. The paper copy will be stamped and signed by a Surveyor (PLS) registered in the.State of Washington. 51-2009 SURVEYING SERVICES AGREEMENT THIS AGREEMENT, made and entered into on this 20th, day of June,2012, by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and the consulting firm Bush, Roed & Hitchings, Inc., whose address is, 2009 Minor Avenue East, Seattle, WA 98102 at which work will be available for inspection, hereinafter called the "SURVEYOR." PROJECT NAME: 2012 President Park Main Replacement Project WHEREAS, the City has not sufficient qualified engineering employees to provide surveying services within a reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance of a qualified professional surveying firm to do the necessary field surveying work for Public Works projects and the maintenance of the City's horizontal and vertical control, and WHEREAS, the Surveyor 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 land surveyor, 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 staff this Agreement. WHEREAS, the Surveyor 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: OBJECTIVES AND SCOPE OF WORK The objective of this Agreement is to provide land surveying services for the various departments which require such services during the planning, design and/or construction of City of Renton projects and for the development and maintenance of the City's maps. The scope of work shall include all services necessary to accomplish the work and shall detail the documents to be provided as agreed to under Scopes of Work authorized during the duration of this Agreement. The Surveyor 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 work shall be verified for accuracy and completeness by the Consultant. The Surveyor will be held responsible for the accuracy and completeness of the work, even though the work has been accepted The Surveyor shall perform all work described in this Agreement and accompanying scopes of work to conform with the policies and standards set forth in Section ll. 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: 1. Draft GeoSpatial Positioning Accuracy Standards for the National Spatial Data Infrastructure by the Federal Geographic Data Subcommittee, December 1996. 2. All pertinent Washington State legislation, e.g. Chapter 58 of the Revised Code of Washington (RCW). 3. All pertinent sections of the Washington State Administrative Code (WAC), e.g. Chapters 332 WAC. 4. City of Renton Survey Specifications as set forth in Section 1-11 of the City of Renton Supplemental Specifications for the 1997 Standard Specifications for Road, Bridge, and Municipal Construction, adopted May 19, 1997. III ITEMS TO BE FURNISHED TO THE CONSULTANT BY THE CITY The City will furnish the Surveyor 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 Surveyor. The Surveyor will coordinate with other available sources to obtain data or records available to those agencies. The Surveyor shall be responsible for this and any other data collection. The Surveyor shall be responsible for the verification of existing records to insure they represent the accurate and current field conditions. Should field studies be needed, the Surveyor will perform such 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 Surveyor to the City upon completion of the various phases of the work. All such material, including working documents, notes, maps, drawings, photographs, photographic negatives, etc. used in the Scope of Work, shall become and remain the property of the City and may be used by it without restriction; except that, any use of such documents by the City not directly related to the Scope of Work pursuant to which the documents were prepared by the Surveyor shall be without any liability whatsoever to the Surveyor. Where possible and feasible all written documents and products shall be printed on recycled paper. Final documents, and interim drafts as feasible, will be printed on both sides of the recycled paper. V TIME OF BEGINNING AND COMPLETION This basic agreement shall be in effect for twelve (12) months from the date of formal acceptance by the City. This agreement may be extended for a maximum of three (3) years, upon agreement by both parties and written authorization by the City. The Surveyor shall not begin work under the terms of this Agreement until authorized in writing by the City by an executed Scope of Work. The time for completion of work performed under this Agreement shall be specified in the Authorized Scope of Work and as authorized in writing. If this contract would expire prior to the completion date of any Scope of Work, then this contract shall be automatically extended to the termination date of the Scope of Work. Established completion time shall not be extended because of any delays attributable to the Surveyor, but may be extended by the City in the event of a delay attributable to the City or because of a delay caused by an act of God or governmental actions or other conditions beyond the control of the Surveyor. A supplemental agreement issued by the City is required to extend the established time. L:\1ob-nos\2012080\Surveying\Contracts-COAW\3638_Survey Contract.doc\tip 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 re negotiation or termination of this Agreement by the other party. VI PAYMENT The Surveyor shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. 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 A. Time & Materials Billing Payment for work accomplished shall be on the basis of the Surveyor's hourly billing rate per crew or man hours as appropriate plus material expenses. It is assumed that the billing rate for personnel provided covers the overhead and profit margins for the firm. No payment will be made for overhead or profit beyond the rates established in Exhibit A. The billing rates should cover 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 billing rates are set forth in the attached Exhibit "A" and by this reference made a part of this Agreement. The billing rates may be updated annually by written approval of the Planning/Building/Public Works Administrator. The material 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 material costs will be established for each Scope of Work which when executed will become a part of this Agreement. Billings for any material costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants and services shall be no greater than 1.10 times the invoiced amount. The maximum amount payable for completion of all work under this Agreement on a time and materials basis is determined by the total of Authorized Scope of Work as shown in Exhibit "A." Progress payments may be claimed monthly for time and materials actually incurred to date as supported by detailed statements. Final payment of any balance due the Surveyor of the gross amount earned per Scope of Work will be made promptly upon its verification by the City after completion and acceptance by the City of the work for each Scope of Work under this Agreement. Acceptance, by the Surveyor of final payment on the Scope of Work shall constitute full and final satisfaction of all amounts due or claimed to be due, for the specific Scope of Work. 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 time for consultant employees and material expenses, the City may conduct employee interviews. Time for the interviews can be billed at normal billing rates. L:\job-nos\2012080\Surveying\Contracts-COAW\3638_Survey Contract.doc\tjp Acceptance of such final payment by the Surveyor shall constitute a release of all claims of any nature, related to the specific Scope of Work, which the Surveyor may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Surveyor prior to its acceptance. Said final payment shall not, however, be a bar to any clairns that the City may have against the Surveyor or to any remedies the City may pursue with respect to such claims. The Surveyor 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, clairns or audit findings involving the records have been resolved. The three-year retention period starts when the Surveyor receives final payment. VII CHANGES IN WORK The Surveyor shall make all such revisions and changes in the completed work for each Scope of Work as are necessary to correct mistakes and blunders 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 Surveyor 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 Surveyor perform work or render services in connection with a Scope of Work Assignment 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 to the Scope of Work which will set forth the nature and scope thereof. Work under a supplemental Scope of Work shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered under a Scope of Work shall be resolved before the work is undertaken. IX EMPLOYMENT The Surveyor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Surveyor, 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 Surveyor, 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 Surveyor, while engaged in the performance of any work or services required by the Surveyor under this Agreement, shall be considered employees of the Surveyor 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 Surveyor'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 Surveyor. L:\Job-nos\2012080\Surveying\Contracts-COAW\3638_Survey Contract.doc\yp The Surveyor 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 public employer of such person. if during the time period of this agreement, the Surveyor finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the Surveyor will actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Surveyor 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, sexual orientation, 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 terminations; rates of pay or other forms of compensation; selection for training; rendition of services. The Surveyor understands and agrees that if it violates this Non -Discrimination provision, this Agreement may be terminated by the City and further that the Surveyor 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 Surveyor, subject to the City's obligation to pay Surveyor in accordance with subparagraphs C and D below. B. In the event of the death of a member, partner or officer of the Surveyor, or any of its supervisory personnel assigned to the project, the city may elect to terminate this contract, but if not so terminated, the surviving members of the Surveyor 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 re -negotiations of this Agreement between surviving members of the Surveyor 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 Surveyor, 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 Surveyor, a final payment shall be made to the Surveyor for actual time and material expenses for the work complete at the time of termination of the Agreement. In addition, the Surveyor 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 Surveyor of the Notice to Terminate, except for work which may be required to complete checking of finalized work and record surveys as required by Washington State law. If the accumulated payment made to the Surveyor 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 Surveyor shall immediately reimburse the City for any excess paid. L:\Job-nos\2012080\Surveying\Contracts-COAW\3638_Survey Contract.doc\tjp D. In the event the services of the Surveyor are terminated by the City for fault on the part of the Surveyor, 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 Surveyor 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 Surveyor 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 Surveyor. 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 Surveyor for any breach of this Agreement by the Surveyor, or for failure of the Surveyor 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 Surveyor. XI► DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Surveyor and the City shall be referred for determination to the Administrator of the Public Works Department 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. XIII LEGAL RELATIONS The Surveyor 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 Surveyor 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, dernands or suits at law or equity arising in whole or part from the Surveyor's negligent acts, errors, or omissions under this Agreement provided that nothing herein shall require the Surveyor 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 Surveyor'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 Surveyor 's negligence or the negligence of the Surveyor's agents or employees except as limited below. The Surveyor 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. L:\Job-nos\2012080\Surveying\Contracts-COAW\3638_Survey Contract.doc\tjp The City of Renton shall be named as an "additional insured" on the contractor's policy with that coverage being primary and non-contributory to any other policy(ies) available to the City. Surveyor shall furnish copies of the declarations pages of relevant insurance policies to the City prior to execution of any Scope of Work. 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. All coverages provided by the Surveyor 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 Surveyor shall keep all required coverages in full force and effect during the life of any Scope of Work, and a minimum of thirty days' notice shall be given to the City prior to the cancellation of any policy. The Surveyors'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 contractor'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 Surveyor 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 Surveyor 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. Later Scope of Work s 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 L:\Job-nos\2012080\Surveying\Contracts COAW\3638__Survey Contract.doc\ttp This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Surveyor 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 Surveyor, 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. CONSUL June 20, 2012 CITY OF RENTON nature Date Mayor Jeffrey J. McManus type or print name Principal Title ATTEST: Bonnie I. Walton, City Clerk Date L:\Job-nos\2012080\Surveying\Contracts-COAW\3638_Survey Contract. doc\typ EXHIBIT A SCOPE OF WORK City of Renton Project No. WTR-27-3638 Name of Project: 2012 President Park Main Replacement Project Scope of Work I. DESCRIPTION OF PROPOSED WORK — See attached proposal letter dated June 19, 2012 (Exhibit Al) II. ESTIMATE OF HOURS AND COST — See attached, next page. III. SCHEDULE FOR COMPLETION OF AUTHORIZED WORK IV. ADDITIONAL ITEMS TO BE FURNISHED BY THE CONSULTANT SUMMARY OF FEE FOR ENGINEERING SERVICES DirectSalary Cost..........................................................................................................................$10,192.24 Overhead Cost (including payroll additives................................................................................. 166.06 % $16,637.95 Sub -Total $26,830.19 NetFee.............................................................................................................30% $4,991.38 Direct Non -Salary Costs a. Travel and per diem ............................................... $ b. Reproduction expenses ......................................... $ C. Computer expense ................................................. $ d. Outside consultants ............................................... $ e. Other (specify)....................................................... $ Total $ 0.00 Sub Total $0 GRAND TOTAL $ 31,648.57 If you concur in this Scope of Work Authorization and agree to the items as stated above, please sign in the appropriate spaces below and return to this office for final action. L:\1ob-nos\2012080\Surveying\Contracts-COAW\3638_Survey Contractdoc\tjp BUSH. ROED & HITCHINGS, INC 2009 MINOR AVE E SEATTLE, WA 98102 EXHIBIT A Estimate of Hours and Cost City of Renton Project #WTR-27-3638 2012 President Park Main Replacement Project DIRECT OVERHEAD SALARY COST RATE NET FEE BILLING HOURS TOTAL 100011, 166.06% 30` . RATE CLASSIFICATION wsdot PROJECT MANAGER (PLS) S 33.50 $ 55.63 $ 16.69 $ 10582 26.00 2,751.30 SURVEY CAD TECHNICIAN S 33.99 $ 56.44 $ 16.93 $ 107.37 80.00 8,589.35 RESEARCH TECHNICIAN $ 25.91 $ 43.03 $ 12.91 S 81.84 1200. 982.13 ADMINISTRATION S 25.91 S 43.03 $ 12.91 $ 81.84 12.00 982.13 SURVEY PARTY CHIEF S 30.32 $ 50.35 $ 15.10 S 95.77 9600 9,194.32 SURVEY TECHNICIAN S 17.00 $ 28.23 $ 8.47 S 53.70 96.00 5,155,13 UTILITY LOCATOR $ 22.58 $ 37.50 $ 11.25 $ 71.33 56.00 3,994.21 31,648.57 EXHIBIT A (cont.) SCOPE OF WORK City of Renton Project No. WTR-27-3638 Name of Project: 2012 President Park Main Replacement Project The maximum amount payable under this work authorization inclusive of all fees and other costs is $ 31,610. Direct Salary Cost Overhead (including Payroll additives) Direct Non -Salary Costs Net Fee Total Surveyor's Signature SUMMARY OF PAYMENTS UNDER WORK AUTHORIZATIONS Prior Scope of Work Scope of Work Authorization Authorizations No. Total Approving Authority Date of Authorization: i :\)ob-nos\2012080\Surveying\Contracts-COAW\3638 Survey Contract.doc\tjp CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION N0. 408 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 or 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 organisations 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, this 7 th day of March 12011. CITY O RENTON Denis Law, Mayor Attest: Bonnie I. Walton, City Clerk RENTON CITY COUNCIL until Pr sident S1 A,L s C .fl L•\lob nos\2012080\Surveying\Contracts-COAW\3638_Survey Contract.doc\tjp CITY OF RENTON FAIR PRACTICES POLICY AFFIDAVIT OF COMPLIANCE Jeffrey J. McManus, Principal hereby confirms and declares that: (Name of contractor/subcontractor/consultant) 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. Jeffrey J. McManus Print Agent/Rep respjtative's Name Principal Print Agen esentative's Title Agent/f(/presentative's Signature June 20, 2012 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. L:\Job nos\2012080\Surveying\Contracts-COAW\3638_Survey Contract.doc\tjp EXHIBIT "Al" VIA EMAIL June 19, 2012 Mr. Andrew Weygandt City of Renton Public Works 1055 South Grady Way, Fifth Floor Renton. WA 98057 Re: Proposed Land Survey Services — Topographic Survey Vicinity of Monroe Avenue NE & NE I 1 ``' Street President Park Water Main Replacement (See Exhibit "A") Renton, King County, Washington Dear Mr. Weygandt. We propose to provide land survey services at the above referenced site. The limits of the survey will be as shown on the attached sketch (Exhibit "A"). The specific details are as follows: Control & Datum Project boundary will be calculated with bearings and distances shown on the drawing. Street centerlines and rights -of -way will be calculated with bearings and distances shown on the drawing. ► Bearings of cross -streets will be calculated and shown. City of Renton vertical datum (NAVD 88) will be used. A minimum of eight on -site benchmarks will be set. ► City of Renton horizontal datum (NAD 83/91) will be used. EXHIBIT "Al" TopoerBphy All surface improvements, pavements, sidewalks, stairs, walls, fencing, signs and parking stalls will be located and shown. ► Exterior building foot prints will be shown along with overhangs, canopies, stairwells and recessed building entries. Building addresses will be shown. ► Existing street channelization will be shown with lane stripes and traffic arrows. ► Full Spot elevations will be shown at 50 foot intervals in the streets to the centerline. Spot elevations will be taken at roadway crowns, lane stripes, edge of parking lanes, flow lines and top of curbs. Spot elevations will indicate existing curb heights. Spot elevations will be shown to approximately 0.01 feet. One foot contour intervals will be shown. ► Topography will differentiate between various surface pavements and will show where pavement changes occur (concrete to asphalt, asphalt to brick, etc.). ► All trees greater than 8-inches in diameter will be located and shown. Areas of shrubbery will be outlined and shown. Utilities ► Existing utility poles, wires, bus wires, guy wires and overhead wire crossings will be shown. ► All surface utility features such as rims, grates and vaults will be shown. Water valve rim elevations and nut elevations will be shown. ► All below grade utilities, including pipe types and sizes, rim and invert elevations, will be shown if record of their existence is found. ► Underground service lines will be marked in the field by our utility locating personnel if tracer wires or other metallic features exist below ground. Record public utility locations will be shown to the extent that such records exist. Private utility records will also be researched to the extent that they are available. ► We will detect and show existing traffic signal loops, where possible. ► All City of Renton project specifications and requirements will be satisfied as shown on Exhibit "B." EXHIBIT "Al" Deliverables The final survey drawing will be drafted in AutoCAD Map 2009. City of Renton drafting standards will be used (See Exhibit "B"). The electronic files will be made available on our FTP site for downloading. Hard copy plots will be delivered upon final approval. Fees Our fees to provide this service will be $31,610. Value BRH understands that a successful project starts with a strong survey drawing as a foundation. The product that we create is not just a drawing but a functional electronic file. From our long experience in the Puget Sound region, we understand the requirements of various local jurisdictions. We also embrace the needs of the design team to receive complete mapping of detectable underground utilities and proper coverage of surface features extending beyond the project limits. Please consider the value you get with a BRH survey - our experience produces more than a map. Schedule We will complete and deliver the final drawing within six weeks of authorization to proceed. Professional Responsibility The survey we are proposing to provide will be based on actual, on -the -ground, field measurements and observations. Pursuant to National ALTA/ACSM standards and Washington state law, BRH certifies that all mapping information presented in the survey will be solely the work of BRH personnel, based on information acquired on -site by BRH personnel and record information researched by BRH personnel. The survey will not be produced by 1) relying on mapping obtained by a Yd party, 2) copying or tracing existing mapping by others, or 3) utilizing intemet-based mapping. EXHIBIT "Al" Insurance The activities of Bush, Roed & Hitchings, Inc. are insured for both commercial general liability and professional liability. Conunercial general liability limit is $1,000,000 per occurrence and $2,000,000 in the aggregate. Professional liability limit of coverage is $2,000,000. Certificates of Insurance will be furnished upon request. Unless accepted, the terms of this proposal will expire within 60 days of the above date. We appreciate the opportunity to submit this proposal and are looking forward to working with you on this project. We will be contacting you soon to answer any questions. Sincerely, BUSH, ROED & HITCHINGS, INC. 011 /eyy cManus, P.L.S. sion Manager / Principal JJM/cd Enclosure EXHIBIT "Al" EXHIBIT "All" SCOPE: Perform a site survey to identify and map the surface features and existing utilities in the project area. The survey will be used to design and construct the proposed 8-inch and 10 inch water main improvements. The surveying work shall include the following information with the final project deliverables: a. Contours, spot elevations, and surface features in the potential project area. b Locating pavement, curb and gutter, sidewalks, structures, bridge, and other private utilities driveways, landscaping, vaults, building footprints, street lights, power poles, large trees (over 8") and other surface features within the project area. c. Existing City utilities such as water, sewer and storm systems including: water valve rim and nut elevations, water meter locations, hydrants, water vault locations, sewer and storm manhole and catch basin rim elevations, pipe sizes and invert elevations of all pipes in manholes and catch basins. d. Private Utility locations including, but not limited to, natural gas, electrical power, telecommunications (telephone, fiber optic, cable system, etc.), and others within the project area. Information shall be obtained from visible surface locations, existing site plans, utility location markings through Gray & Osborne's request to the one-ca!I utility locate, and information gathered by the surveyor from the private utilities companies. Any existing fiber optic locations shall show its vertical elevation and any bends determined cloth horizontally and vertically (Note: The vertical depth of fiber optic !ine(s) may be determined by lifting the Qwest manhole and determining the depth.) e. Identify right-of-way lines, and right-of-way centerline fo, project design and construction. The location of the ROW centerline may need to be established by the surveyor from City benchmarks and plat maps. identify property lines, easement lines, and property line and easement information within or adjacent to the project. f Surveying for site investigations such as soil borings, test pits, and utility potholing (if necessary). 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: Draft GeoSpatial Positioning Accuracy Standards for the National Spatial Data Infrastructure by the Federal Geographic Data Subcommittee, Decernber 1996. All pertinent Washington State legislation, e.g. Chapter 58 of the Revised Code of Wash ngton (RCW) All pertinent sections of the Washington State Administrative Code (WAC), e.g. Chapters 332 WAC. Deliverables: 1. Surveyed base map meeting the requirements of the 2004 C;ty of Renton Drafting Standards. The City layering system will be used- The Surveyor shall provide a draft paper copy (24"x 36") and electronic file (AutoDesk Map 2009, Civil 3D 2010, or other approved version) of the base map survey for review and comment by the City. After approval, a final paper copy at 1"=20' scale and an electronic copy will be prov'ded. The paper copy will be stamped and signed by a Surveyor (PLS) registered in the_State of Washington. EXHIBIT "A2" BUSH, ROED & HITCHINGS, INC. Standard Schedule of Charges and General Conditions - Effective to December 31, 2012 Fee Schedule Archivist s50/Hr. I person field crew 80/11r. Clerical 50/Hr. 2 person field crew 156111r. Drafter 80/Hr. 3 person field crew 203/Hr. Research Technician 87/Hr. 2 person hazardous materials crew 203Mr. Field Representative 80/Hr. Overtime 1.35 x rates Utility Locator 77fHr. Surveying Coordinator 98/Hr. Survey CAD Technician 90/Hr. DIRECT NON -SALARIED COSTS Engineering CAD Technician 84/Hr. 3-D Laser Scanner 40/Hr. Sr. Engineering CAD Designer 109/Hr. Vehicle per diem charge 20/Day Surveyor (PLS) 108/Hr. Mileage .555/Mile Engineer (PE) 114/Hr. Job related expense Cost plus 10% Project Manager (PE. PLS) I I5/Hr. Non -account related prints S50 minimum Sr. Project Manager (PE. PLS) 135/Hr, Non -account related data file transfer S50 minimum Principal 165/Hr. Per Diem - Personnel $125/Day Expert Witness (PLS, PE) 190/Hr. Pavment Terms Invoices will be submitted once per month and are payable upon receipt. Accounts remaining unpaid after 60 days will be subject to a 1.5% service charge per month. Collection fees including liens and attorney's fees, as may be required, will be added to the account. Right -of -Entry and Boundary Line Location Client will furnish right -of -entry for BRH to make surveys. Client shall furnish a description of the property where boundary lines are to be established. BRH assumes no liability for the establishment of actual lines of ownership other than as described and certified as such by a title insurance company. BRH will not be responsible for indicating easements, covenants, and restrictions of record on surveys unless furnished with a current title insurance report. At the request of the Client BRH will obtain a report from a title insurance company at Client's expense. Utility Locations When retained to locate utilities, BRH will depend upon utility agency records where verification by field location is not possible. BRH assumes no liability for the accuracy of records or locations provided by others. General and Automobile Liability Insurance BRH, Inc. maintains General Liability Insurance for bodily injury and property damage with a limit of $1,000,000 per occurrence and $2,000,000 aggregate. Automobile Liability and Property Damage Insurance is maintained with combined single limits of $1,000,000. Professional Liability BRH maintains professional liability insurance for losses arising directly from its negligent acts, errors or omissions with limits of S2,000,000 per occurrence and in the aggregate. Service Aareerricrit It is BRH policy to negotiate and execute a Service Agreement setting forth actual scope of work, fees, payment terms, and general conditions prior to commencing services. Date Revised: June 27. 2012 1An2isctrates\Dec 2012 PUBLIC WORKS DEPARTMENT o City of r M E M O R A N D U M DATE: 2 l E � DATE: February 28, 2013 TO: Gregg Zimmerman, PW Administrator FROM: Lys Hornsby, Utility Systems Director S I STAFF CONTACT: Abdoul Gafour, Water Utility Engineering Supe l'sor, x7210 Andrew Weygandt, Water Utility Engineer, x7208 SUBJECT: Addendum No. 1 to CAG-13-024, 2013 Water Main Replacement Project with Bush, Roed, and Hitchings, Inc. Attached for your signature are two originals of Addendum No. 1 to CAG-13-024 for the 2013 Water Main Replacement Project, with Bush, Roed, and Hitchings, Inc., in the amount of $28,655.88. The original contract provides for surveying of the project area that will be used by City Water Utility staff to produce design plans for an upcoming water main replacement project in NE 5th Place. The Surface Water Utility also plans to use this survey work for upcoming drainage projects. Addendum No. 1 will provide for additional surveying adjacent to the original project area to allow the Surface Water Utility to create project plans for their NE 5th Street/Edmonds Avenue NE Storm System Improvements project. The original contract amount is $80,746.88 and Addendum No. 1 is $28,655.88 for a total contract amount of $109,402.76. The original contract amount is being paid by the Water Utility and Addendum No. 1 will be paid by the Surface Water Utility. Bush, Roed, and Hitchings, Inc. was selected from our approved 2013 Utility Systems Annual Consultant Roster. The Surface Water Utility has sufficient funds for this addendum in its 2013 Surface Water Utility Capital Improvements Program budget for the NE 5th Place/Edmonds Avenue NE Storm System Improvement project (427/475485). Also attached is the contract checklist and requisite forms needed by the City Clerk for the execution of this addendum. Attachments cc: Ronald Straka, Surface Water Utility Engineering Supervisor Daniel Carey, Surface Water Utility Engineer h:\file sys\wtr - drinking water utility\wtr-27 - water project files\wtr-27-3638 president park main replace ment\2013 survey contract\survey addendum memo to gregg.doc\AWtp PUBLIC WORKS DEPARTMENT p o Cftyof M E M O R A N D U M DATE: February 28, 2013 TO: Gregg Zimmerman, PW Administrator FROM: Lys Hornsby, Utility Systems Director STAFF CONTACT: Abdoul Gafour, Water Utility Engineering Supervisor, x7210 Andrew Weygandt, Water Utility Engineer, x7208 SUBJECT: Addendum No. 1 to CAG-13-024, 2013 Water Main Replacement Project with Bush, Roed, and Hitchings, Inc. Attached for your signature are two originals of Addendum No. 1 to CAG-13-024 for the 2013 Water Main Replacement Project, with Bush, Roed, and Hitchings, Inc., in the amount of $28,655.88. The original contract provides for surveying of the project area that will be used by City Water Utility staff to produce design plans for an upcoming water main replacement project in NE 51h Place. The Surface Water Utility also plans to use this survey work for upcoming drainage projects. Addendum No. 1 will provide for additional surveying adjacent to the original project area to allow the Surface Water Utility to create project plans for their NE 5th Street/Edmonds Avenue NE Storm System Improvements project. The original contract amount is $80,746.88 and Addendum No. 1 is $28,655.88 for a total contract amount of $109,402.76. The original contract amount is being paid by the Water Utility and Addendum No. 1 will be paid by the Surface Water Utility. Bush, Roed, and Hitchings, Inc. was selected from our approved 2013 Utility Systems Annual Consultant Roster. The Surface Water Utility has sufficient funds for this addendum in its 2013 Surface Water Utility Capital Improvements Program budget for the NE 5th Place/Edmonds Avenue NE Storm System Improvement project (427/475485). Also attached is the contract checklist and requisite forms needed by the City Clerk for the execution of this addendum. Attachments cc: Ronald Straka, Surface Water Utility Engineering Supervisor Daniel Carey, Surface Water Utility Engineer h:\file sys\wtr - drinking water utility\wtr-27 - water project files\wtr-27-3638 president park main replacement\2013 survey contract\survey addendum memo to gregg.doc\AWtp Cti�Y or AJLS - City Clerk City Clerk Number Checklist CAG-13-024 Select One: ❑X Contract ❑ Permit ❑ Lease ❑ Agreement Contract Type (assigned by City Clerk) Staff Name: Andrew Weygandt Extension: 7208 Department/Division: EDEN Utility Systems -Water Approval Queue: 05/007p Addendum Number: 1 to City Clerk Number: CAG-13-024 (if applicable). Contract Class: ❑ Receivable [g Payable ❑ Grant ❑ Misc. (no $) Expiration Date: March 31, 2014 Contractor Name: Bush, Roed & Hitchings, Inc. Short Description: Addendum for additional surveying services for 2013 Water Main and Storm Water Replacement Full or Additional Addendum to original water utility surveying contract to include surveying services for surface water utility Description: NE 5th Place/Edmonds Avenue NE Storm System Improvement Project. 0 Legal Review (attach memorandum from City Attorney) ❑ Risk Management review for insurance (attach memorandum from Risk Management) ❑ Insurance certificate and/or policy (attach original) ❑ Response to legal or Risk Management concerns (explain, in writing, how concerns have been met) ❑ Performance bond and verification memo from staff (for Public Works contracts only) ❑ Federal excluded parties list verification (Website: www.epls.gov, attach printout of search results) 0 City business license number: 008726 Check EDEN or ask Finance Department. ❑ Accounts payable W-9 vendor form (obtain if not already on file with Finance Dept.) Submitted contracts are signed by contractor: ❑X Yes ❑ No Fiscal Impact: ❑X Expenditure or ❑ Revenue Amount: $ 28,655.88 If not, provide explanation below. Amount Budgeted: (line item, see below'): $ 40.000.00 Prior Council approval via agenda bill process required if: (see policies 250-02 and 800-12) ❑ Contract or addendum is $20,000 or over (non -Public Works) or $30,000 or over (Public Works). ❑ . Contract expenditure amount exceeds budgeted amount; fund transfer needed. ❑ Addendum is for the second and additional time extensions. ❑ Interlocal Agreement (most Interlocal Agreements require Resolutions) Date of Council Approval: Resolution Number: Contractor determined via: ❑ Phone Bid/Written Quote ❑ CFB Ad (if applicable) (if applicable) 0 Consultant Roster RFP/SOQ Ad ❑ Application ❑ Sole Source Key words for City Clerk's electronic card file: Surveying for Surface Water and Water Main 2013 Replacement Print Form Revised 07/23/2008 CITY ATTORNEY M E M O R A N D UM DATE: May 19, 2010 TO: Teresa Phelan, Administrative Secretary Public Works Department, Utilities Systems Division FROM: Lawrence J. Warren, City Attorney Staff Contact: Mark Barber, Senior Assistant City Attorney Telephone: (425) 430-6485 SUBJECT: Approval as to legal form of Template Addendum ADD-2010 Please be advised that I have reviewed the above -referenced Template Addendum ADD- 2010, and the same is approved as to legal form, and may be used in the future so long as there are no material changes or modifications to the standard form.. hA02 mark\public works --contracts and agreements\2010-05-19 memo approving addendum template add-2010 with continuing approval.doc FORM: ADD-2010 ADDENDUM NO. 1 ENGINEERING CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES for 2013 Water Main Replacement Project, CAG-13-024 This Addendum is made and entered into this day of by and between the City of Renton, hereinafter called the "City", and Bush, Roed, and Hitchings, Inc., whose address is, 2009 Minor Avenue East, Seattle, WA 98102, hereinafter called the "Consultant". WITNESSETH THAT: WHEREAS, the City engaged the services of the consultant under Engineering Consultant Agreement CAG-13-024, dated February, 11, 2013, to provide engineering services necessary for the 2013 Water Main Replacement Project; and WHEREAS, the City desires to complete the work associated with the 2013 Water Main Replacement Project, 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 services are required to complete the work items listed in Exhibit A Scope of Services under the original contract CAG-13-024, dated February 11, 2013; NOW, THEREFORE, in accordance with Section VIII Extra Work of the Master Agreement CAG-13-024, dated February 11, 2013, it is mutually agreed upon that Engineering Consultant Agreement CAG-13- 024, is amended to include the work and associated budget as follows: 1. The Scope of Work (Section I of the Master Agreement CAG-13-024) is modified to include the additional services on the attached Exhibits A & B. The Payment (Section VI of the Master Agreement CAG-13-024) is modified to include payment for the additional work items defined in Exhibit A. The revised contract total payable for work on this contract addendum is increased from $80,746.88, to $109,402.76, making a difference of $28,655.88. The maximum amount payable for the additional work items defined in Exhibit A of this contract addendum is $28,655.88, without prior authorization from the City. 3. The Time of Completion (Section V of the Master Agreement CAG-13-024) for the above referenced contract is extended until April 5, 2013. All other provisions of Consultant Agreement CAG-13-024 dated February 11, 2013, shall apply to this addendum. 02-26-13 Renton Contract 2013 Survey Addendum 1 EXECUTION IN WITNESS WHEREOF, the parties have executed this Addendum No. 1 to ENGINEERING CONSULTANT AGREEMENT CAG-13-024 as of the day and year first above written. (Use this signature block if Addendum requires Mayor's signature. If using this signature block, please delete the other one.) (Use this signature block if Addendum requires Administrator's signature. If using this signature block, please delete the other one.) CONSMANT CITY OF RENTON 02/26/2013 /V tgAtwoi3 Sig ure Date Gregg Z' er an bat Public Works Administrator Jeffrey J. McManus Type or Print Name Principal Title 02-26-13 Renton Contract 2013 Survey Addendum 1 EXHIBIT "A" Cityof Renton SCOPE ATTACHMENT PROFESSIONAL SERVICES AND ADDITIONAL SERVICES Date: 02-26-2013 Project Name: Project Number: Prime Consultant: or Subconsultant Scope: NE 5`"/Edmonds Avenue NE Storm Renton Proiect No. CAG-13-024 Bush, Roed & Hitchings, Inc. Topographic Mapping per Exhibit B DIRECT OVERHEAD SALARY COST RATE NET FEE BILLING HOURS TOTAL 100% 166.06% 30% RATE CLASSIFICATION (wsdot) PROJECT MANAGER (PLS) $ 33.50 $ 55.63 $ 16.69 $ 105.82 22 2328.04 SURVEY CAD TECHNICIAN $ 25.73 $ 42.73 $ 12.82 $ 81.28 107 8696.96 RESEARCH TECHNICIAN $ 25.91 $ 43.03 $ 12.91 $ 81.84 13 1063.92 ADMINISTRATION $ 25.91 $ 43.03 $ 12.91 $ 81.84 SURVEY PARTY CHIEF $ 25.73 $ 42.73 $ 12.82 $ 81.28 95 7721.60 SURVEY TECHNICIAN $ 17.80 $ 29.56 $ 8.87 $ 56.23 85 4779.55 UTILITY LOCATOR $ 22.58 $ 37.50 $ 11.25 $ 71.33 57 4065.81 28655.88 Total for Consultant Total for SubConsultant Consultant Mark-up Reimbursables Total Compensation $ 28,655.88 $0 $0 $0 $ 28,655.88 EXHIBIT "B" 0' 500' i N Scalel V = 500' PROJECT VICINITY NE 5TH ST / EDMONDS AVE NE STORM SYSTEM City of Renton Surface Water Utility D. Carey 1/29/13 FORM: ADD-2010 CAG-13-024, Adden #1-13 ADDENDUM NO. 1 ENGINEERING CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES for 2013 Water Main Replacement Project, CAG-13-024 This Addendum is made and entered into this �� day of�. U/ 3 by and between the City of Renton, hereinafter called the "City", and Bush, RoeA, and Hitchings, Inc., whose address is, 2009 Minor Avenue East, Seattle, WA 98102, hereinafter called the "Consultant". WITNESSETH THAT: WHEREAS, the City engaged the services of the consultant under Engineering Consultant Agreement CAG-13-024, dated February, 11, 2013, to provide engineering services necessary for the 2013 Water Main Replacement Project; and WHEREAS, the City desires to complete the work associated with the 2013 Water Main Replacement Project, 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 services are required to complete the work items listed in Exhibit A Scope of Services under the original contract CAG-13-024, dated February 11, 2013; NOW, THEREFORE, in accordance with Section VIII Extra Work of the Master Agreement CAG-13-024, dated February 11, 2013, it is mutually agreed upon that Engineering Consultant Agreement CAG-13- 024, is amended to include the work and associated budget as follows: The Scope of Work (Section I of the Master Agreement CAG-13-024) is modified to include the additional services on the attached Exhibits A & B. The Payment (Section VI of the Master Agreement CAG-13-024) is modified to include payment for the additional work items defined in Exhibit A. The revised contract total payable for work on this contract addendum is increased from $80,746.88, to $109,402.76, making a difference of $28,655.88. The maximum amount payable for the additional work items defined in Exhibit A of this contract addendum is $28,655.88, without prior authorization from the City. 3. The Time of Completion (Section V of the Master Agreement CAG-13-024) for the above referenced contract is extended until April 5, 2013. All other provisions of Consultant Agreement CAG-13-024 dated February 11, 2013, shall apply to this addendum. 02-26-13 Renton Contract 2013 Survey Addendum 1 EXECUTION IN WITNESS WHEREOF, the parties have executed this Addendum No. 1 to ENGINEERING CONSULTANT AGREEMENT CAG-13-024 as of the day and year first above written. (Use this signature block if Addendum requires Mayor's signature. If using this signature block, please delete the other one.) (Use this signature block if Addendum requires Administrator's signature. If using this signature block, please delete the other one.) CONSL!'LfANT CITY OF RENTON 02/26/2013 Sig ure Date Gregg Z' er an Dat Public Works Administrator Jeffrey J. McManus Type or Print Name Principal Title 02-26-13 Renton Contract 2013 Survey Addendum 1 EXHIBIT "A" SCOPE ATTACHMENT City of Renton PROFESSIONAL SERVICES AND ADDITIONAL SERVICES Date: 02-26-2013 Project Name: Project Number: Prime Consultant: or Subconsultant Scope: NE 6`h/Edmonds Avenue NE Storm Renton Proiect No. CAG-13-024 Bush, Roed & Hitchings, Inc. Topographic Mapping per Exhibit B DIRECT OVERHEAD SALARY COST RATE NET FEE BILLING HOURS TOTAL 100% 166.06% 30% RATE CLASSIFICATION (wsdot) PROJECT MANAGER (PLS) $ 33.50 $ 55.63 $ 16.69 $ 105.82 22 2328.04 SURVEY CAD TECHNICIAN $ 25.73 $ 42.73 $ 12.82 $ 81.28 107 8696.96 RESEARCH TECHNICIAN $ 25.91 $ 43.03 $ 12.91 $ 81.84 13 1063.92 ADMINISTRATION $ 25.91 $ 43.03 $ 12.91 $ 81.84 SURVEY PARTY CHIEF $ 25.73 $ 42.73 $ 12.82 $ 81.28 95 7721.60 SURVEY TECHNICIAN $ 17.80 $ 29.56 $ 8.87 $ 56.23 85 4779.55 UTILITY LOCATOR $ 22.58 $ 37.50 $ 11.25 $ 71.33 57 4065.81 28655.88 Total for Consultant Total for SubConsultant Consultant Mark-up Reimbursables Total Compensation $ 28,655.88 $0 $0 $0 $ 28,655.88 EXHIBIT "B" PROJECT VICINITY 0' 500' NE 5TH ST / EDMONDS AVE NE STORM SYSTEM N Scale, 1' = 500' City of Renton Surface Water Utility D. Carey 1/29/13 J E1-2012 CAG-13-024 ENGINEERING ANNUAL CONSULTANT AGREEMENT //-m Fe p-U,2 ��rr THIS AGREEMENT, made and entered into on this444-h, day of 44ua4* 013, by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and Bush, Roed & Hitchings, Inc. whose address is 2009 Minor Avenue East, Seattle, WA 98102, at which work will be available for inspection, hereinafter called the "SURVEYOR." PROJECT NAME: Surveying Services for 2013 Water Main Replacement Project 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 Surveyor 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 Surveyor to staff this Agreement. WHEREAS, the Surveyor 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 Surveyor 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 Surveyor 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 Surveyor 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 Surveyor 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 Surveyor. The Surveyor will be held responsible for the accuracy of the work, even though the work has been accepted by the City. 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 15 Pia zza/Data_Center/Forms/City/Contracts t' 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 Surveyor 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 SURVEYOR BY THE CITY The City will furnish the Surveyor 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 Surveyor. The Surveyor will coordinate with other available sources to obtain data or records available to those agencies. The Surveyor shall be responsible for this and any other data collection to the extent provided for in the Scope of Work. City will provide to Surveyor all data in City's possession relating to Surveyors services on the project. Surveyor will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the City. Should field studies be needed, the Surveyor 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 15 P is zza/ Data_Center/Form s/City/Contracts E1-2012 IV OWNERSHIP OF PRODUCTS AND DOCUMENTS TO BE FURNISHED BY THE SURVEYOR Documents, exhibits or other presentations for the work covered by this Agreement shall be furnished by the Surveyor 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 Surveyor shall be without any liability whatsoever to the Surveyor. 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 Surveyor's services are to be completed and all products shall be delivered by the Surveyor unless there are delays due to factors that are beyond the control of the Surveyor. The Surveyor shall not begin work under the terms of this Agreement until authorized in writing by the City. If, after receiving Notice to Proceed, the Surveyor is delayed in the performance of its services by factors that are beyond its control, the Surveyor 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 Surveyor 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 $ 80,746.88 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 Surveyor'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. Page 3 of 1S Piazza/ Mace nter/Form s/City/Contracts E1-2012 The overhead costs as identified on Exhibit C are determined as 166.06% 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. 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 Surveyors. 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 Surveyors and services shall be on the basis of times the invoiced amount. 4. The net fee, which represents the Surveyors profit shall be 30% 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 Surveyor, 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 Surveyor'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. 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 Surveyor based on the estimated percentage of the completion of the services to date. Final payment of any balance due the Surveyor 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 Surveyor 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 Surveyor employees, the City may conduct employee interviews. Acceptance of such final payment by the Surveyor shall constitute a release of all claims of any nature, related to this Agreement, which the Surveyor may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Surveyor prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the City may have against the Surveyor or to any remedies the City may pursue with respect to such claims. The Surveyor and its subSurveyors 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 Surveyor receives final payment. Page 4 of 15 Piazza/Data_Center/Form s/City/Contracts E1-2012 VII CHANGES IN WORK The Surveyor 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 Surveyor 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 Surveyor 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 Surveyor prior to resolution of any such dispute shall waive any claim by the Surveyor for compensation as Extra Work. IX EMPLOYMENT The Surveyor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Surveyor, 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 Surveyor, 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 Surveyor, while engaged in the performance of any work or services required by the Surveyor under this Agreement, shall be considered employees of the Surveyor 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 Surveyor'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 Surveyor. The Surveyor 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 Surveyor finds it necessary to increase its professional, technical, or clerical staff as a result of this work, the Surveyor will actively solicit minorities through their advertisement and interview process. X NONDISCRIMINATION The Surveyor 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 Page 5 of 15 Piazza/Data_Center/Forms/City/Contracts E1-2012 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 Surveyor understands and agrees that if it violates this Non -Discrimination provision, this Agreement may be terminated by the City and further that the Surveyor 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 Surveyor, subject to the City's obligation to pay Surveyor in accordance with subparagraphs C and D below. In the event of the death of a member, partner or officer of the Surveyor, or any of its supervisory personnel assigned to the project, the surviving members of the Surveyor 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 Surveyor 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 Surveyor, 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 Surveyor, a final payment shall be made to the Surveyor 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 Surveyor 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 Surveyor 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 Surveyor of the Notice to Terminate. If the accumulated payment made to the Surveyor 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 Surveyor shall immediately reimburse the City for any excess paid. D. In the event the services of the Surveyor are terminated by the City for fault on the part of the Surveyor, 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 Surveyor 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. 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 Surveyor 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 Surveyor. Page 6 of 1S Piazza/Data_Center/Forms/City/Contracts E1-2012 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 Surveyor for any breach of this Agreement by the Surveyor, or for failure of the Surveyor 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 Surveyor. XII DISPUTES Any dispute concerning questions of facts in connection with work not disposed of by agreement between the Surveyor 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 Surveyor 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 Surveyor 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 Surveyor's errors, omissions, or negligent acts under this Agreement provided that nothing herein shall require the Surveyor 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 Surveyor'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 Surveyor's negligence or the negligence of the Surveyor's agents or employees except as limited below. Insurance The Surveyor 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 Surveyor, its agents, representatives, or employees. No Limitation A. Surveyor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Surveyor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Page 7 of 15 Piazza/Data_Center/Form s/City/Contracts E1-2012 B. Minimum Scope of Insurance Surveyor 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 Surveyor'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 Surveyor's profession. C. Minimum Amounts of Insurance Surveyor 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. D. Other Insurance Provision The Surveyor'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. E. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. F. Verification of Coverage Surveyor 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 Surveyor before commencement of the work. G. Notice of Cancellation The Surveyor shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. Page 8 of 15 Piazza/ Data_Center/Form s/City/Contracts E1-2012 H. Failure to Maintain Insurance Failure on the part of the Surveyor 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 Surveyor 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 Surveyor from the City. The limits of said insurance shall not, however, limit the liability of Surveyor hereunder. The Surveyor 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 Surveyor 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 Surveyor shall require, and provide verification upon request, that all subSurveyors participating in a City project possess a current City of Renton business license. The Surveyor shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. The Surveyor'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 Surveyor'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 Surveyor 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 Surveyor 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. Page 9 of 15 Piazza/Data_Center/Form s/City/Contracts E1-2012 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 Surveyor 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 Surveyor, 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. type or print name CIT F RENTON alLo Mayor Denis Law Date ATTEST: Principal 61bO t 1 v Wj)aZ&Vt'., Title Bonnie I. Walton, City Clerk • • Page 10 of 15 Piazza/ Data_Center/Forms/City/Contracts EXHIBIT "A" BR14 Bush, Roed & Hitchings, Inc. SCOPE OF WORK Re. Proposed Land Survey Services — Topographic Surveys Projects — Monterey, Camas, NE 50' Place & Index Court Water Main Replacement (See Exhibits A, B, C & D) Renton, King County, Washington We propose to provide land survey services at the above referenced site- The limits of each survey will be as shown on the attached Exhibits. The specific details are as follows: Control & Datum ► Project boundary will be calculated with bearings and distances shown on the drawing. ► Street centerlines and rights -of --way will be calculated with bearings and distances shown on the drawing. ► Bearings of cross -streets will be calculated and shown. ► City of Renton vertical datum (N. AVD 88) ,%ill be used. A minimum of three on -site benchmarks will be set. City of Renton horizontal datum (NAD 83/91) will be used. Tommatthy ► All surface improvements, pavements, sidewalks, stairs, walls, fencing, signs and parking stalls will be located and shown to a limit of 10 feet beyond right-of-way lines. ► Exterior resident building foot prints will be shown. Building addresses will be shown. Existing street channelization will be shown with lane stripes and traffic arrows. ► Full Spot elevations will be shown at 40 foot intervals in the streets to the centerline. Spot elevations will be taken at roadway crowns, lane stripes, edge of parking lanes, flow lines and top of curbs. Spot elevations will indicate existing curb heights. ► Spot elevations will be shown to approximately 0.01 feet. One foot contour intervals will be shown. ► Topography will differentiate between various surface pavements and will show where pavement changes occur (concrete to asphalt, asphalt to brick, etc.). BRH - Land Surveyors & Civil Engineers 2009 Minor Avenue East, Seattle, WA 98102-3513 Phone: (206) 323-4144 / (800) 935-0508, Fax: (208) 323-7135. Internet: www.brhinc.com EXHIBIT "A" ► All trees greater than 6-inches in diameter will be located and shown. Areas of shrubbery will be outlined and shown. Utilities Existing utility poles, wires, bus wires, guy wires and overhead wire crossings will be shown. ► All surface utility features such as rims, grates and vaults will be shown. Water valve lim elevations and nut elevations will be shown. All below grade utilities, including pipe types and sizes, rim and invert elevations, will be shown if record of their existence is found. Underground service lines will be marked in the field by our utility locating personnel if tracer wires or other metallic features exist below ground. Record public utility locations will be shown to the extent that such records exist. Private utility records will also be researched to the extent that they are available. ► We will detect and show existing traffic signal loops, where possible. ► All City of Renton project specifications and requirements will be satisfied as shown on Exhibit "E." Deliverables ► The final survey drawing will be drafted in AutoCAD Map 2009 (Civil 3D). City of Renton drafting standards will be used. ► The electronic files will be made available on our FTP site for downloading. ► Hard copy plots will be delivered upon final approval. Perform a site survey to Identify and map the surface features and existing utilities in the project area. The survey will be used to design and construct the proposed 8-inch and 10-inch water main improvements. The surveying work shall include the following information with the final project deliverables: a. Contours, spot elevations, and surface features in the potential project area. b. Locating pavement, curb and gutter, sidewalks, structures, bridge, and other private utilities driveways, landscaping, vaults, building footprints, street lights, power poles, large trees (over 8") and other surface features within the project area. c. Existing City utilities such as water, sewer and storm systems including; water valve rim and nut elevations, water meter locations, hydrants, water vault locations, sewer and storm manhole and catch basin rim elevations, pipe sizes and invert elevations of all pipes in manholes and catch basins. d. Private Utility locations including, but not limited to, natural gas, electrical power, telecommunications (telephone, fiber optic, cable system, etc.), and others within the project area. Information shall be obtained from visible surface locations, existing site plans, utility location markings through Gray-&Gsborne!4request to the one -call utility locate, and information gathered by the surveyor from the private utilities companies. Any existing fiber optic locations shall show its vertical elevation and any bends determined both horizontally and vertically. (Note: The vertical depth of fiber optic line(s) may be determined by lifting the Qwest manhole and determining the depth.) *Bush, Roed & Hitcbings, Inc. e. Identify right-of-way lines, and right-of-way centerline for project design and construction. The location of the ROW centerline may need to be established by the surveyor from City benchmarks and plat maps. Identify property lines, easement lines, and property line and easement information within or adjacent to the project. f. Surveying for site investigations such as soil borings, test pits, and utility potholing (if necessary). 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: 1. Draft GeoSpatial Positioning Accuracy Standards for the National Spatial Data Infrastructure by the Federal Geographic Data Subcommittee, December 1996. 2. All pertinent Washington State legislation, e.g. Chapter 58 of the Revised Code of Washington (RCW). 3. All pertinent sections of the Washington State Administrative Code (WAC), e.g. Chapters 332 WAC. Deliverables: 1. Surveyed base map meeting the requirements of the 2004 City of Renton Drafting Standards. The City layering system will be used. The Surveyor shall provide a draft paper copy (24"x 36") and electronic file (AutoDesk Map 2009, Civil 3D 2010, or other approved version) of the base map survey for review and comment by the City. After approval, a final paper copy at 1"=20' scale and an electronic copy will be provided. The paper copy will be stamped and signed by a Surveyor (PLS) registered in the.State of Washington. w tti�,n PROPOSED MAIN r REPLACEMENT (TYPJ 2 W wp- 1 i - NS.S. - i I PROJECT LOCATION li i ! ky I t N • �---'`-- ° ', �� Dr NE VICINITY MAP (N.T.S.) I•'r -- 17 +^ r„„y S Ys 1 j — 1, PROJECT LOCATION�I N: d; - I VICINITY MAP (N.T.S.)co -- Lu .w ! PROPOSED MAIN I -- REPLACEMENT (TYP.)To i I . -- won- -- ``�' 1 �_� _.-.il_—..—_ -_ i _ ._ -`___ �... _ _` yam.,_.__. s' - ✓� `` .o. may_�l - - . N.T.S. r r_ k.. - NE ..w N-,E r 4 — PROPOSED MAIN REPLACEMENT (TYP•) •` t - U IT LU 17 PROJECT LOCATIO�ooj N ir 4 __� VICINfTY MAP (N.T.S.j� -_- PROPOSED MAIN ,... #� REPLACEMENT (TYP.)EE � aY LU r _NE PROJECT LOCATION ' _ VICINITY MAP (N.T_S.) :._ EXHIBIT "B" BRH Bush, Roed & Hitchings, Inc. TIME SCHEDULE OF COMPLETION Projects -- Monterey, Camas, NE 5`h Place & Index Court Water Main Replacement Renton, King County, Washington Deliverables The final survey drawing will be drafted in AutoCAD Map 2009 (Civil 313). City of Renton drafting standards will be used. The electronic files will be made available on our FTP site for downloading. Hard copy plots will be delivered upon final approval. Schedule The order of completion is as follows: Monterrey Terrace will be completed by March 4, 2013 Camas will be completed by March 13, 2013 Index will be completed by March 20, 2013 NE 5°i Place will be completed by March 27, 2013 BRH - Land Surveyors 8 Civil Engineers 2009 Minor Avenue East, Seattle, WA 98102-3513 Phone: (206) 323-4144 / (800) 935-0508, Fax: (206) 323-7135. Internet: wnvw brhinc.com E 1-2012 EXHIBIT C COST ESTIMATE (To be filled in per tasks to be completed for Scope of work) See Attached Page 11 of 15 Piazza/Data_Center/Forms/City/Contracts E1-2012 COST PLUS NET FEE DETERMINATION DIRECT SALARY COST: Personnel Project Manager (PIS) Surveyor— Party Chief Surveyor - Chainman Utility Locator Research Technician Administration/Clerical CADD Operator/Drafter Net Fee 30 % of direct salary cost plus overhead DIRECT NON -SALARY COST: Travel and Per Diem Cars at $.565/mile Hourly Rates of Pay $33.50 $25.73 $17.80 $22.58 $25.91 $25.91 $25.73 Per Diem: $2.50 per hour Truck Use Charge, Maximum $20 per day. Office and Equipment Computer $ /hour Reproduction Expenses @ $ /copy............................................................$ Communications......................................................................................................$ Page 12of15 Piazza/ Da ta_Ce nter/Forms/City/Contracts E 1-2012 EXHIBIT C (cont.) SUMMARY OF FEE FOR ENGINEERING SERVICES BREAKDOWN OF OVERHEAD COST ProfitSharing............................................................................................................ FICA.......................................................................................................................... Unemployment Compensation............................................................................... Medical Aid and Industrial Insurance....................................................................... Company Insurance and Medical............................................................................ Vacation, Holiday and Sick Leave............................................................................. State B & 0 Tax & Other Business Tax..................................................................... Insurance.................................................................................................................. Administration and Time Unassignable................................................................... Printing, Stationery and Supplies............................................................................. TravelNot Assignable............................................................................................... Telephone and Telegraph Not Assignable............................................................... Fees, Dues, Professional Meetings........................................................................... Utilitiesand Maintenance ............. ............ .......... ...... ................................... I........... Rent.......................................................................................................................... RentalEquipment..................................................................................................... Office Miscellaneous, Postage................................................................................. ProfessionalServices................................................................................................ TOTAL SUMMARY OF COSTS Project No. Name of Project % DirectSalary Cost................................................................................................. ..................... Overhead Cost (including payrolladditives........................................................................... % $ Sub -Total $ Net Fee ......................... Direct Non -Salary Costs a. Travel and per diem ............................................... $ b. Reproduction expenses .......................................... $ c. Computer expense ................................................. $ d. Outside Surveyors .................................................. $ e. Other (specify) ........................................................ $ Total $ GRAND TOTAL $ Sub Total $ Page 13of15 Piazza/Data _ Center/Forms/City/Contracts ATTACHMENT "C" BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVE E SEATTLE, WA 98102 EXHIBIT A Estimate of Hours and Cost Monterey Terrace Topographic Survey DIRECT OVERHEAD SALARY COST RATE NET FEE BILLING HOURS TOTAL 100% 166.06% 30% RATE CLASSIFICATION (wsdot PROJECT MANAGER (PLS) $ 33.50 $ 5563 $ 16.69 $ 105.82 2800 2,962,94 SURVEY CAD TECHNICIAN $ 25.73 $ 42.73 $ 12.82 $ 81.28 8000 6,502.03 RESEARCH TECHNICIAN $ 25.91 $ 43.03 $ 12.91 $ 81.84 2400 1,964.26 ADMINISTRATION $ 25.91 $ 43.03 $ 12.91 S 81.84 000 - SURVEY PARTY CHIEF $ 25.73 $ 42.73 $ 12.82 $ 81.28 11200 9,102.85 SURVEY TECHNICIAN $ 17.80 $ 29.56 $ 8.87 $ 5613 11200 6,297.34 UTILITY LOCATOR $ 22.58 $ 37.50 $ 1125 $ 71.33 40 00 2 853.01 29,682.42 ATTACHMENT "C" BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVE E SEATTLE, WA 98102 EXHIBIT A Estimate of Hours and Cost NE 5th Place Topographic Survey DIRECT OVERHEAD SALARY COST RATE NET FEE BILLING HOURS TOTAL 100% 166.06% 30% RATE CLASSIFICATION (v:sdot) PROJECT MANAGER (PLS) $ 33.50 $ 55.63 $ 16.69 S 105.82 2700 2,85712 SURVEY CAD TECHNICIAN $ 25.73 $ 42.73 $ 12.82 5 81,28 5800 4,713,97 RESEARCH TECHNICIAN $ 25.91 $ 43.03 $ 12.91 5 81.84 2000 1,636.88 ADMINISTRATION $ 25.91 $ 43.03 $ 12.91 5 81.84 000 SURVEY PARTY CHIEF $ 25.73 $ 42.73 $ 12.82 81.28 6800 5,526.73 SURVEY TECHNICIAN $ 17.80 $ 29.56 $ 8.87 S 56.23 5800 3,823.39 UTILITY LOCATOR $ 22.58 $ 37.50 $ 11.25 5 71.33 16 00 1,141.20 19,699.29 ATTACHMENT "C" BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVE E SEATTLE, WA 98102 EXHIBIT A Estimate of Hours and Cost Camas Topographic Survey CLASSIFICATION DIRECT SALARY COST 100% OVERHEAD RATE 166.06% wsdot NET FEE 30% BILLING RATE HOURS TOTAL PROJECT MANAGER (PLS) $ 33.50 $ 55.63 $ 1669 $ 105.82 2200 2,328.02 SURVEY CAD TECHNICIAN $ 25.73 $ 4273 $ 12.82 $ 81.28 4200 3,413.57 RESEARCH TECHNICIAN $ 25.91 $ 43.03 $ 12.91 $ 81.84 1600 1,309.50 ADMINISTRATION $ 25.91 $ 43.03 $ 12.91 $ 81.84 000 - SURVEY PARTY CHIEF $ 25.73 $ 42.73 $ 12.82 $ 81.28 5600 4,551.42 SURVEY TECHNICIAN $ 17.80 $ 29.56 $ 8.87 $ 56.23 5600 3,148.67 UTILITY LOCATOR $ 22.56 $ 37.50 $ 11.25 $ 71.33 2000 1.426.51 16,177.69 ATTACHMENT "C" BUSH, ROED & HITCHINGS, INC. 2009 MINOR AVE E SEATTLE, WA 98102 EXHIBIT A Estimate of Hours and Cost Index Topographic Survey DIRECT OVERHEAD SALARY COST RATE NET FEE BILLING HOURS TOTAL 100% 166.06`/b 30% RATE CLASSIFICATION (wsdot PROJECT MANAGER (PLS) $ 33.50 $ 55.63 $ 16.69 v 105.82 1900 2,010,56 SURVEY CAD TECHNICIAN $ 25.73 S 42.73 $ 12.82 S 81.28 4400 3,576.12 RESEARCH TECHNICIAN $ 25.91 $ 43.03 $ 12.91 3 81.84 1600 1,309.50 ADMINISTRATION $ 25.91 S 43.03 $ 12.9 i S 81.84 000 SURVEY PARTY CHIEF S 25.73 S 42.73 S 12.82 -Q 81.28 5200 4,226.32 SURVEY TECHNICIAN $ 17.80 $ 29.56 $ 8.87 : 56.23 5200 2,923.77 UTILITY LOCATOR $ 22.58 $ 37.50 $ 11.25 S 71.33 1600 1,141.20 15,187.48 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; H)V/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 shali 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 02011 . CITY RENTON Denis Law, Mayor Attest: Bonnie I. Walton, City Clerk RENTON CITY COUNCIL uncil Pr idert Page 14 of 1S Piazza/Data_Center/Forms/City/Contracts E1-2012 CITY OF RENTON FAIR PRACTICES POLICY AFFIDAVIT OF COMPLIANCE Bush, Roed & Hitchings, Inc. hereby confirms and declares that: (Name of contractor/subcontractor/Surveyor) It is the policy of the above -named contractor/subcontractor/Surveyor, 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. The above -named contractor/subcontractor/Surveyor complies with all applicable federal, state and local laws governing non-discrimination in employment. III. When applicable, the above -named contractor/subcontractor/Surveyor will seek out and negotiate with minority and women contractors for the award of subcontracts. Jeffrey J. McManus Print Agent/Representative's Name Principal Print Ag( epresentative's Title epresentative's Signature 01-30-2013 Date Signed Instructions: This document MUST be completed by each contractor, subcontractor, Surveyor and/or supplier. Include or attach this document(s) with the contract. Page 15 of 15 Piazza/Data_Center/Forms/City/Contracts