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HomeMy WebLinkAboutWTR2703551_1I Denis Law Mayor April 19, 2010 _ City of Y 'S.f l_1 � I ♦r'j�� 0 Public Works Department - Gregg Zimmerman, R E., Administrator Mr. Rick Bond, P.L.S. Gray & Osborne, Inc. 701 Dexter Ave N. Suite 200 Seattle WA, 98109 RE: NOTICE TO PROCEED — BENSON ROAD 16" WATER MAIN REPLACEMENT PROJECT, CAG-10-048, WTR-27-3551 Dear Mr. Bond: This letter is your official "Notice to Proceed" on the survey contract for the Benson Road 16" Water Main Replacement Project. I have attached a signed survey contract, dated April 15, 2010. You are hereby notified to commence work in accordance with the contract. Please reference City of Renton contract number CAG-10-048 with future billing and invoices. If you have any questions, please call me at 425-430-7208. Sincerely, Andrew Weygandt, PE Water Utility Project Manager cc: Abdoul Gafour, Water Utility Engineering Supervisor H:\File Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-3551 - Benson Rd 16in Water Main Replacemt\Surve� Co ��t\VV1 �)�-35lotdice,) QProced.doc\t�Vj�al� enton ity a out ray ay • enton,was ington 98057 • rentonwa.gov EXECUTIVE DEPARTMENT D o C'`' °f M E M O R A N D U M DATE: April 16, 2010 TO: Andrew Weygandt — PW — Utility Systems tint 1 6 2010 FROM: _;Cindy Moya, Records Management Specialist r 1�✓1 C[TY_C SUBJECT. CAG 10-048 Gray & Osborne, Inc. ��"� Y` The attached original documents have been fully executed and are 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! hAcitycterk\records specialist\correspondence & memos - cindy\fully executed contract memo.doc SURVEYING C A G —10 — 0 4 8 SERVICES AGREEMENT � THIS AGREEMENT, made and entered into on this i� , day of 010, by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEKEINAFTER CALLED THE "CITY," and the consulting firm Gray & Osborne, Inc. whose address is, 701 Dexter Avenue North, Suite 200, Seattle, Washington 98109 at which work will be available for inspection, hereinafter called the "SURVEYOR." PROJECT NAME: Benson Road 16" 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. 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 (WAQ, e.g. Chapters 332 WAC. H:\File Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-XXXX Benson Rd 16in Water Main Replacement\Survey Contract G-O.doc\aw I S I-2009 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. H 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 writtai 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. 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. HAFile Sys\WTR - Drinking Water Utilit3\WTR-27 - Water Project Files\WTR-27-XXXX Benson Rd 16in Water Main Replacement\Survey Contract G-O.doc\aw 2 S 1-2009 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 manhours 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. 1. 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. 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. HAFile Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-XXXX Benson Rd 16in Water Main Replacement\Survey Contract G-O.doc\aw 3 S 1-2009 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. 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. HAFile Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Fi1es\WTR-27-xxxx Benson Rd 16in Water Main Replacement\Survey Contract G-O.doc\aw 4 S 1-2009 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 fall 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. 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. HAFile Sys\WTR - Drinking Water Utility%7R-27 - Water Project Files\WTR-27-xxXX Benson Rd 16in Water Main Replacement\Survey Contract G-O.doc\aw 5 S 1-2009 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. 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. HAFile Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-XXXX Benson Rd 16in Water Main Replacement\Survey Contract G-O.doc\aw 6 S 1-2009 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 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 Signature Date Thomas M. Zerkel, P.E. type or print name President Title CITY. OF RENTON Gre imme an Da e �l Ad istrator ATTEST: Bonnie I. Walton, City Clerk HAFile Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-)C XX Benson Rd 16in Water Main Replacement\Survey Contract G-O.doc\aw 7 S 1-2009 EXHIBIT A SCOPE OF WORK City of Renton Project No. Name of Project Benson Road Water Main Master Agreement No. The City desires to authorize engineering services pursuant to the Master Agreement entered into with and executed on and identified as Master Agreement No. All provisions in the Master Agreement remain in effect except as expressly modified by this work Authorization, and are incorporated herein by reference. Scope of Work I. DESCRIPTION OF PROPOSED WORK 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 16-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 the City of Renton's request to a utility locating service, and information gathered by the surveyor from the private utilities companies. Gray & Osborne surveyors shall notify the City of Renton a minimum of one week prior to surveying existing utility locate markings to facilitate coordination between the City, the utility locate service, and Gray & Osborne surveyors. 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). HAFile Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Fi1es\WTR-27-XXXX Benson Rd 16in Water Main Replacement\Survey Contract &O.doc\aw 8 S 1-2009 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). All pertinent sections of the Washington State Administrative Code (WAC), e.g. Chapters 332 WAC. Deliverables: 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, 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. II. ESTIMATE OF HOURS AND COST ENGINEERING SERVICES SCOPE AND ESTIMATED COST CITY OF RENTON - BENSON ROAD WATER MAIN Tasks CADD Tech. Hours PLS Hours Project PLS Hours Survey Crew Hours Surveying Research Public Records 8 Process Control 10 Prepare Prelim. Survey Base Map 10 Calc. R-O-W 10 Review and Supervision 10 Survey Control TK and Travel) 16 Field Too 40 Final Base Map 30 A/QC 4 Hour Estimate: 30 32 20 56 Estimated Hourly Rates: $28 $42 $30 $75 Direct Labor Cost $840 $1,344 $600 $4,200 SubtotalDirect Labor: ............................................................................................................. $ 6,984 Indirect Costs(171%):............................................................................................................. $11,943 TotalLabor Cost: ..................................................................................................................... $18,927 Fee(15%):...............................................................................................................................$ 2,839 SubtotalLabor & Fees: ............................................................................................................ $21,766 Direct Non -Salary Cost: Mileage & Expenses (Mileage @ $0.50/mile)............................................................ $ 100 TOTALESTIMATED COST: ............................................................................................. $21,866 HAFile Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-)OOOC Benson Rd 16in Water Main Replacement\Survey Contract G-0.doc\aw 9 S 1-2009 III. SCHEDULE FOR COMPLETION OF AUTHORIZED WORK 27 working days from Notice to Proceed. W. ADDITIONAL ITEMS TO BE FURNISHED BY THE CONSULTANT N/A SUMMARY OF FEE FOR ENGINEERING SERVICES Direct Salary Cost...................................................................... Overhead Cost (including payrolladditives.................................................................. .................................................. $ 6,984 ....................................171% $11,943 Sub -Total $18,927 NetFee...................................................................................................................................15% $ 2,839 Direct Non -Salary Costs: a. Travel and per diem ................................................. $ 100 b. Reproduction expenses ............................................ $ c. Computer expense ................................................... $ d. Outside consultants ................................................. $ e. Other (specify)......................................................... $ Total $ 100 Sub Total $21,766 GRAND TOTAL $21,866 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. HAFile Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-XXXX Benson Rd 16in Water Main Replacement\Survey Contract G-O.doc\aw 10 S 1-2009 EXHIBIT A SCOPE OF. WORK (cont.) City of Renton Project No. Name of Project Benson Road Water Main Master Agreement No. The maximum amount payable under this work authorization inclusive of all fees and other costs is $ All work under this work authorization shall be performed pursuant to the terms, conditions, specifications, and limitations contained in the Master Agreement. SUMMARY OF PAYMENTS UNDER WORK AUTHORIZATIONS Direct Salary Cost Overhead (including Payroll additives) Direct Non -Salary Costs Net Fee Prior Scope of Work Authorizations 0 0 Total 0 Surveyor's Signature Scope of Work Authorization No. Total 6,984 6,984 11,943 11,943 100 100 2,839 2,839 21,866 21,866 Approving Authority Date of Authorization: HAFile Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-XXXX Benson Rd 16in Water Main Replacement\Survey Contract G-O.doc\aw 11 S 1-2009 17 AFFIDAVIT OF COMPLIANCE Grav & Osborne, Inc. hereby confirms and declares that (Name of contractor/subcontractor/consultant) I. It is the policy of Gray & Osborne, Inc. to offer equal (Name of contractor/subcontractor/consultant) opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, disability or veteran status. II. Gray & Osborne, Inc. complies with all applicable (Name of contractor/subcontractor/consultant) federal, state and local laws governing non-discrimination in employment. III. When applicable, Grav & Osborne, Inc. will seek out and (Natne of contractor/subcontractor/consultant) negotiate with minority and women contractors for the award of subcontracts. Thomas M. Zerkel, P.E. Print Agent/Representative's Name President Print Agent/Representative's Title Agent/Representatt 's Sigt ture 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. HVile Sys\WTR - Drinking Water Ut11ity\WTR-27 - Water Project fi1es\WTR-27-XXXX Benson Rd 16in Water Main Replacement\Survey Contract G-O.doc\nw 13 S 1-2009 RESOLUTION NO. 3229 CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3229 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, religion, age or disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job -related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer, department administrators, managers, supervisors, Contract Compliance Officers and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. (4) CONTRACTORS' OBLIGATIONS - Contractors, sub -contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. CONCURRED IN by the City Council of the City of RENTON, Washington, this 7 thday of October, 1996. CITY OF RENTON: IV�ayor ,Attest: \ City Clerl RENTON CITY COUNCIL: ter' Council President HAFile Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-X>= Benson Rd 16in Water Main Replacement\Survey Contract G-O.doc\aw 12 S 1-2009 SURVEYING � O �� SERVICES AGREEMENT THIS AGREEMENT, made and entered into on this , day of , by and between the CITY OF RENTON, WASHINGTON, A MUNICIPAL CORPORATION HEREINAFTER CALLED THE "CITY," and the consulting firm Gray & Osborne, Inc. whose address is, 701 Dexter.Avenue North, Suite 200, Seattle, Washington 98109 at which work will be available for inspection, hereinafter called the "SURVEYOR." PROJECT NAME: Benson Road 16" 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 andby 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. 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. HAFile Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Fi1es\WTR-27-XXXX Benson Rd 16in Water Main Replacement\Survey Contract G-O.doc\aw 1 S I-2009 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. 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. HAFile Sys\WTR - Drinking Water Utilit3\WTR-27 - Water Project Files\WTR-27-XXXX Benson Rd 16in Water Main Replacement\Survey Contract G-O.doc\aw S 1-2009 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 manhours 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. 1. 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 apart 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. 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. H:\File Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-XXxX Benson Rd 16in Water Main Replacement\Survey Contract G-O.doc\aw Sl-2009 VIl 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 feq 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 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. HAFile Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-XXXX Benson Rd 16in Water Main Replacemenl\Survey Contract G-O.doc\aw e S l -2009 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 fall 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. 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. 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. HAFile Sys\WTR - Drinking Water Utility\WTR-27 -Water Project Files\WTR-27-XXXX Benson Rd 16in Water Main Replacement\Survey Contract G-O.doc\aw 5 S 1-2009 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. 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 indernnifrcation. 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. HAFile Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-XXXX Benson Rd 16in Water Main Rep] acement\Survey Contract G-O.doc\aw r, SI-2009 XV1 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 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 Signature Date Thomas M. Zerkel. P.E. type or print name President Title CITY OF RENTON Mayor ATTEST: Bonnie I. Walton, City Clerk Date HAFile Sys\WTR - Drinking Water Utilit3\WTR-27 - Water Project Files\WTR-27-XXXX Benson Rd 16in Water Main Replacement\Survey Contract G-O.doc\aw 17 S 1-2009 EXHIBIT A SCOPE OF WORK City of Renton Project No. Name of Project Benson Road Water Main Master Agreement No. The City desires to authorize engineering services pursuant to the Master Agreement entered into with and executed on and identified as Master Agreement No. All provisions in the Master Agreement remain in effect except as expressly modified by this work Authorization, and are incorporated herein by reference. Scope of Work I. DESCRIPTION OF PROPOSED WORK 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 16-inch water main improvements. The surveying work shall include the following information with the final project deliverables: 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. 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 the City of Renton's request to a utility locating service, and information gathered by the surveyor from the private utilities companies. Gray & Osborne surveyors shall notify the City of Renton a minimum of one week prior to surveying existing utility locate markings to facilitate coordination between the City, the utility locate service, and Gray & Osborne surveyors. 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). HAFile Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-XXXX Benson Rd ] 6in Water Main Replacement\Survey Contract &O.doc\aw 8 S 1-2009 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: 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, 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. II. ESTIMATE OF HOURS AND COST ENGINEERING SERVICES SCOPE AND ESTIMATED COST CITY OF RENTON - BENSON ROAD WATER MAIN Tasks CADD Tech. Hours PLS Hours Project PLS Hours Survey Crew Hours Surveying Research Public Records 8 Process Control 10 Prepare Prelim. Survey Base Map 10 Calc. R-O-W 10 Review and Supervision 10 Survey Control (RTK and Travel) 16 Field Too 40 Final Base Map 30 A/QC 4 Hour Estimate: 30 32 20 56 Estimated Hourly Rates: $28 $42 $30 $75 Direct Labor Cost $840 $1,344 $600 $4,200 SubtotalDirect Labor: ............................................................................................................. $ 6,984 IndirectCosts(171%):.............................................................................................................$11,943 TotalLabor Cost: ..................................................................................................................... $18,927 Fee(15%):...............................................................................................................................$ 2,839 SubtotalLabor & Fees: ............................................................................................................ $21,766 Direct Non -Salary Cost: Mileage & Expenses (Mileage @ $0.50/mile)............................................................ $ 100 TOTALESTIMATED COST: ............................................................................................. $21,866 HAFile Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-XXXX Benson Rd 16in Water Main Replacement\Survey Contract &O.doc\aw a S1-2009 III. SCHEDULE FOR COMPLETION OF AUTHORIZED WORK 27 working days from Notice to Proceed, 4"A uo-m f6hon bq dt j 3l, 2010 IV. ADDITIONAL ITEMS TO BE FURNISHED BY THE CONSULTANT N/A SUMMARY OF FEE FOR ENGINEERING SERVICES DirectSalary Cost..............................................................................................................................$ 6,984 Overhead Cost (including payrolladditives............................................................................................................171 % $11,943 Sub -Total $ l 8,927 NetFee...................................................................................................................................15% $ 2,839 Direct Non -Salary Costs: a. Travel and per diem ................................................. $ 100 b. Reproduction expenses ............................................ $ c. Computer expense ................................................... $ d. Outside consultants ................................................. $ e. Other (specify)......................................................... $ Total $ 100 Sub Total $21,766 GRAND TOTAL $21,866 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. HAFile Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-XXXX Benson Rd 16in Water Main Replacement\Survey Contract G-O.doc\aw 10 S 1-2009 EXHIBIT A SCOPE OF WORK (cont.) City of Renton Project No. Name of Project Benson Road Water Main Master Agreement No. The maximum amount payable under this work authorization inclusive of all fees and other costs is $ All work under this work authorization shall be performed pursuant to the terms, conditions, specifications, and limitations contained in the Master Agreement. SUMMARY OF PAYMENTS UNDER WORK AUTHORIZATIONS Direct Salary Cost Overhead (including Payroll additives) Direct Non -Salary Costs Net Fee Prior Scope of Work Authorizations 111 Total 0 Surveyor's Signature Scope of Work Authorization No. Total 6,984 6,984 11,943 11,943 100 2,839 21,866 Approving Authority Date of Authorization: 2,839 21,866 HAFile Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-XXXX Benson Rd 16in Water Main Replacement\Survey Contract G-O.doc\aw I I S 1-2009 RESOLUTION NO.3229 CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 3229 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic background, gender, marital status, religion, age or disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job -related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal Employment Program will be maintained and administered to facilitate equitable representation with the City work force and to assure equal employment opportunity to all. It shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer, department administrators, managers, supervisors, Contract Compliance Officers and all employees to carry out the policies, guidelines and corrective measures set forth in the Affirmative Action Plan and Equal Employment Program. (4) CONTRACTORS' OBLIGATIONS - Contractors, sub -contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and in the City's Affirmative Action Plan and Equal Employment Program. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. CONCURRED IN by the City Council of the City of RENTON, Washington, this 7thday of October, 1996. CITY OF RENTON: Ntayor Attest: V City Cler} RENTON CITY COUNCIL: Council President HAFile Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-X)C X Benson Rd 16in Water Main Replacement\Survey Contract G-O.doc\aw 12 S1-2009 AFFIDAVIT OF COMPLIANCE Gray & Osborne Inc. hereby confinns and declares that (Name of contractor/subcontractor/consultant) I. It is the policy of Gray & Osborne Inc, to offer equal (Name of contractor/subcontractor/consultant) opportunity to all qualified employees and applicants for employment without regard to the race, creed, color, sex, national origin, age, disability or veteran status. II. Gray & Osborne, Inc. complies with all applicable (Name of contractor/subcontractor/consultant) federal, state and local laws governing non-discrimination in employment. III. When applicable, Gray & Osborne Inc. will seek out and (Name of contractor/subcontractor/consultant) negotiate with minority and women contractors for the award of subcontracts. Thomas M. Zerkel, P.E. Print Agent/Representative's Name President Print Agent/Representative's Title Agent/Representative's Signature Date Signed Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. HAFile Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-XXXX Benson Rd 16in Water Main Replacement\Survey Contract G-O.doc\aw 13 S l -2009