Loading...
HomeMy WebLinkAboutContractAGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, dated for reference purposes only asJanuary 10, 2024, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Reid Middleton, Inc. (“Consultant”). The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties,this Agreement iseffective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide engineering servises as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth inExhibit A or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement no later than 30 calendar days after the Agreement’s Effective Date. All Work shall be performed by no later than May 31, 2024. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $9,500, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work isperformed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all          CAG-24-019 PAGE 2 OF 10 Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten(10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, theConsultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the Cityafter partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the          PAGE 3 OF 10 Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridgeand Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not          PAGE 4 OF 10 employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, to the extent arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial          PAGE 5 OF 10 Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: Unless exempted by the Renton Municipal Code, Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per claim combined single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes.          PAGE 6 OF 10 E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable controloccur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courierservice. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON William Adams 1055 South Grady Way Renton, WA 98057 Phone: (206) 775-6862 wadams@rentonwa.gov CONSULTANT Kenny O’Neill, P.E., S.E. 728 134th St SW, Suite 200 Everett, WA 98204 Phone: (425) 741-3800 koneill@reidmiddleton.com          PAGE 7 OF 10 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous:The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform          PAGE 8 OF 10 the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is William Adams. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the          PAGE 9 OF 10 other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing.          PAGE 10 OF 10 N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Martin Pastucha Public Works Administrator Paul Crocker, P.E., S.E. Director, Structural Engineering _____________________________ Date _____________________________ Date Approved as to Legal Form By: __________________________ Alex Tuttle Senior Assistant City Attorney Contract Template Updated 5/21/2021 January 25, 2024               Approved by Alex Tuttle via 1/24/2024 email January 8, 2024 File No. 262023.913.116 Mr. William Adams Civil Engineer III Renton Municipal Airport, Clayton Scott Field 616 West Perimeter Road, Unit A Renton, WA 98057 Subject: Agreement for Professional Services 800 W Perimeter Road Building Structural Assessment, Renton, Washington Dear Mr. Adams: Thank you for inviting Reid Middleton to propose providing structural engineering services for the 800 W Perimeter Road Building Structural Assessment. We are looking forward to working with you on this project. A. PROJECT UNDERSTANDING Significant soil settlement has been observed around Building 790 and Building 800 at Renton Municipal Airport. A report was provided to Reid Middleton, dated March 31, 2003, written by the geotechnical engineering firm Golder Associates, that documents voids beneath the ground floor slab at Building 800. The report included remediation recommendations to provide grout into the voids to re-support the ground floor slab on the soils below. An additional report was provided to Reid Middleton, dated October 5, 2022, written by Century West Engineering, documenting a pavement settlement evaluation for the parking lot area around Building 790 and Building 800. This report identifies that ongoing soil settlement caused damage to underground utilities (waterline break), disrupted surface stormwater drainage, and disrupted building egress. The report noted that overall soil settlement has exceeded 6-inches to 9-inches in some locations. It is understood that the majority of Building 800 was built around the year 1966 by The Boeing Company. Per record documents, there was a building that existed at the site prior to the construction of the current Building 800. It is understood that the superstructure of the previous building was demolished, but the ground floor slab and foundations of the previous structure remained. The construction of Building 800 included new foundations for the expanded footprint (timber piles), additional concrete ground floor slab, and a new steel superstructure. The steel superstructure is 1-story and consists of metal roof deck, supported by light-gauge steel z-purlins that span to non-prismatic steel girders, supported by steel columns. At end spans, the steel columns are non-prismatic (tapered) columns. Interior columns are built-up steel columns with a typical “I” shape.In modern construction, this type of steel framing is typical of pre-engineered metal buildings. EXHIBIT A          Mr. William Adams Renton Municipal Airport January 8, 2024 File No. 262023.913.116 Page 2 Reid Middleton visited the building site on December 7, 2023 to observe the structure and the building perimeter. Evidence of interior ground floor slab settlement was observed. Significant floor slab settlement has caused damage to architectural finishes (cracked tiles and cracked gypsum wallboard), gaps around doors, visually-observable sloping/uneven floors, and has made the kitchenette area difficult to use due to uneven settlement of the floor and cabinets. These conditions are particularly prevalent in the southern portion of the building. It is understood that Renton Municipal Airport intends to undertake a future renovation or replacement of Building 800. However, this work would likely be five to ten years in the future. At this time, Renton Municipal Airport would like to receive a letter report documenting safety issues with the structural framing of the building that require remediation prior to the expected renovation or replacement project. B. SCOPE OF SERVICES 1. Document Review & Project Definition Reid Middleton will review received documentation to supplement information observed at the project site. Past reports and record drawings will be reviewed to understand general configuration of the structure and general understanding of the structure’s construction. Reid Middleton will also coordinate the work internally and communicate the status of the investigation with Renton Municipal Airport. Reid Middleton will have periodic calls with Renton Municipal Airport to discuss the status of the work, discuss findings, or discuss additional information that may be required to supplement the available information. 2. Building Assessment & Structural Calculations Reid Middleton will review the building and the current conditions of the building, as observed at the building site for identified issues with the building’s structural framing. This will include documenting information obtained from the site such as photos, field notes, and anecdotal information stated by building occupants and managers. In addition, Reid Middleton will conduct limited structural calculations to evaluate existing grade beam framing. The building assessment and structural calculations will be limited to items brought to the attention of Reid Middleton by Renton Municipal Airport staff and items visually observed at the building site. 3. Letter Report Reid Middleton will write a sealed letter report, summarizing the observations, assessment, results, and recommendations determined from the work conducted in Section B, Items 1 and 2.          Mr. William Adams Renton Municipal Airport January 8, 2024 File No. 262023.913.116 Page 3 4. Additional services requested by Renton Municipal Airport or City of Renton or recommended follow-up work noted in the letter report. This may include material testing, such as ground-penetrating radar or coring of the slab to assess voids below the slab. C. CLIENT’S RESPONSIBILITIES Renton Municipal Airport shall provide available pertinent data, documents, and other information to Reid Middleton as necessary to complete the services outlined in Section B above. This information will include, but is not limited to: existing original construction drawings, and previous reports documenting existing conditions at the facility. D. COMPENSATION 1. For services described in Section B, Items 1, 2 and 3, Reid Middleton shall be paid on a ಯtime-plus-expenseರ basis in accordance with the provisions of the attached ExhibitಯA,ರ Schedule of Charges Effective July 1, 2023, or on a basis of such other mutually satisfactory arrangements as may be negotiated. The total budget will be limited to the following: Structural Engineering 1. Item 1, Document Review & Project Definition $ 3,400 2. Item 2, Building Assessment & Structural Calculations $ 3,100 3. Item 3, Letter Report $ 3,000 TOTAL Structural Basic Services $ 9,500 The site observation visit discussed in Section A will be included in the Project Definition work above. 2. For services described in Section B, Item 4, Reid Middleton shall be paid on a “time- plus-expense” basis in accordance with provisions of the attached Exhibit “A,” Schedule of Charges Effective July 1, 2023, or on the basis of such other mutually satisfactory arrangements as may be negotiated. E. REID MIDDLETON STAFF Kenny O’Neill, P.E., S.E. will be the project manager primarily responsible for this project. However, other individuals at Reid Middleton will work on aspects of your project as required.          Mr. William Adams Renton Municipal Airport January 8, 2024 File No. 262023.913.116 Page 4 F. PERIOD OF PERFORMANCE Reid Middleton will make every reasonable effort to complete the services in a timely manner, considering the needs of the project. G. CONDITIONS OF AGREEMENT The terms and conditions of the attached Exhibit “B,” Conditions of Agreement, are included as part of this agreement. We appreciate the opportunity to submit this proposed agreement. The terms of this agreement will become effective when confirmed by your signature within 90 days. If you wish to pursue this project after that time, this agreement may then be renegotiated. If the terms are acceptable, please sign your acceptance below and return one executed copy to Reid Middleton. If you have any questions or comments, please call. Sincerely, Reid Middleton, Inc. Kenny O’Neill, P.E., S.E. Paul Crocker, P.E., S.E. Senior Engineer Director, Structural Engineering ACCEPTED: Renton Municipal Airport By Title Date mmt\O:\23\!913\116 800 W Perimeter Bldg Structural Assmnt\Contract\Base Contract\RM Fee Est & Scope\240108 800 W Perimeter Bldg Structural Assessment - Reid Middleton Agreement.docx\kao          H:\FORMS\EXHIBITS\2023-A.doc (sla 06/09/23) Reid Middleton, Inc. Exhibit "A" Schedule of Charges Effective July 1, 2023 through June 30, 2024 I.Personnel Hourly Rate Principal ......................................................................................................................$ 250.00 - $ 290.00Associate Principal/Principal Engineer/Principal Planner/Principal Surveyor............$ 230.00 - $ 260.00Associate.....................................................................................................................$ 210.00 - $ 230.00Senior Engineer/Senior Planner/Senior Surveyor .......................................................$ 190.00 - $ 210.00Senior Designer...........................................................................................................$ 180.00 - $ 190.00Project Engineer/Project Designer/Project Surveyor/Project Planner.........................$ 170.00 - $ 190.00Design Engineer/Designer II/Design Technician/Survey Crew Chief/ Technical Writer II/ Graphic Designer II.................................................................$ 150.00 - $ 170.00Designer I/Planner/CAD Technician II.......................................................................$ 140.00 - $ 150.00Project Administrator.................................................................................................$ 130.00 - $ 140.00CAD Technician I/Survey Technician/Technician/Technical Writer I .....................$ 105.00 - $ 130.00 Survey Crew (1 Person/RTK/Robotic/Scanning)........................................................$ 157.00Survey Crew (2 Person/RTK/Robotic/Scanning)........................................................$ 215.00Survey Crew (3 Person/ RTK/Robotic/Scanning)…………………………………… $ 269.00 Expert Witness/Forensic Engineering.........................1.5 times usual hourly rate (4 hour minimum) Individuals not in the regular employ of Reid Middleton may occasionally be engaged to meet specific project requirements. Charges for such personnel will be comparable to charges for regular Reid Middleton personnel. A premium may be charged if project requirements make overtime work necessary. II.Equipment Rate Design Software/Computer Aided Drafting ...............................................................$ 12.00/hour III.Reimbursable Expenses Local Mileage - Automobile .......................................................................................$ 0.655/mileLocal Mileage - Survey Truck ....................................................................................$ 0.655/mile Expenses that are directly attributable to the project are invoiced at cost plus 15%. These expenses include, but are not limited to, subconsultant or subcontractor services, travel and subsistence, communications, couriers, postage, fees and permits, document reproduction, special instrumentation and field equipment rental, premiums for additional insurance where required, special supplies, and other costs directly applicable to the project. A new schedule of charges is issued and becomes effective July 1 each year. Charges for all work, including continuing projects initiated in prior years, will be based on the latest schedule of charges. IV. Client Advances Unless the parties agree otherwise in writing, charges for the following items shall be paid by the client directly, shall not be the responsibility of Reid Middleton,and shall be in addition to any fee stipulated in the agreement: government fees, including permit and review fees; soils testing fees and costs; charges for aerial photography; and charges for monuments. If Reid Middleton determines, in its discretion, to advance any of these costs in the interest of the project, the amount of the advance, plus a fifteen percent administrative fee, shall be paid by the client upon presentation of an invoice therefore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¶VVHUYLFHVLQFOXGHUHYLHZRIFRQVWUXFWLRQFRQWUDFWRU¶VVXEPLWWDOVUHYLHZLVFRQGXFWHGRQO\IRUWKHOLPLWHGSXUSRVHRIFKHFNLQJIRUFRQIRUPDQFHRILQIRUPDWLRQJLYHQZLWKWKHGHVLJQFRQFHSWH[SUHVVHGLQ5HLG0LGGOHWRQ¶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¶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¶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