HomeMy WebLinkAboutContract CAG-19-334
Local Agency A&E Professional Services
Negotiated Hourly Rate Consultant Agreement
Agreement Number: CAG-19-334
Firm/Organization Legal Name(do not use dba's)
GRAY & OSBORNE, INC.
Address - I Federal Aid Number
1130 RAINIER AVENUE SOUTH,SUITE 300,SEATTLE,WA 98144 NA
UBI Number ,Federal TIN or SSN Number
600 087 923 91-0890718
Execution Date Completion Date
• December 31, 2022
1099 Form Required Federal Participation
n Yes [I No _. _ - n Yes 11111,No
Project Title •
2019-2020 CURB RAMPS FOR OVERLAY
Description of Work
In continuation of the City of Renton annual Street Overlay Program, this project will install ADA
compliant curb ramps in locations identified in the 2019 & 2020 Street Patch and Overlay projects. The
2020 Street Patch and Overlay project is under a separate agreement.
. This agreement provides design services for completed bid documents,
•
D Yes [ No DBE Participation Maximum Amount Payable;
❑ Yes Q No MBE Participation $86,016.43
❑ Yes Q No WBE Participation
D Yes Q No SBE Participation
Index of Exhibits
•
Exhibit A Scope of Work
Exhibit C Preparation and Delivery of Electronic Engineering and Other Data
Exhibit D Prime Consultant Cost Computations
Exhibit E Sub-consultant Cost Computations
Exhibit F Title VI Assurances
Exhibit G Certification Documents
Exhibit H Liability Insurance Increase
Exhibit I Alleged Consultant Design Eiror Procedures
Exhibit J Consultant Claim Procedures
Local Agency A&E Professional Services Agreement Number CAG-19-334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page I of 34
•
THIS AGREEMENT,made and entered into as shown in the"Execution Date"box on page one (1) of this
AGREEMENT,between the CITY OF RENTON
hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this
AGREEMENT,hereinafter called the"CONSULTANT."
WHEREAS, the AGENCY desires to accomplish the work referenced in"Description of Work"on page one(1)
of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the
required commitment and therefore deems it advisable and desirable to engage the assistance of a
CONSULTANT to provide the necessary SERVICES;and
WHEREAS, the CONSULTANT represents that they comply with the Washington State.Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish consulting services to the
AGENCY.
NOW,THEREFORE, in consideration of the terms,conditions, covenants, and performance contained herein, or
attached and incorporated and made a part hereof, the parties hereto agree as follows:
I. General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services,
labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and
complete the SERVICES as designated elsewhere in this AGREEMENT.
II. General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A"
attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was
developed utilizing performance based contracting methodologies.
Ill. General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination,progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or
days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT,any sub-consultants,and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the
State of Washington.
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All Reports,PS&E materials,and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the,CONSULTANT, must meet the requirements as outlined in Exhibit "C —
Preparation and Delivery of Electronic Engineering and other Data."
All designs, drawings, specifications, documents, and other work products, including all electronic files,prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring, as a part of this SERVICE, shall be
without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by(i)certified mail,return receipt requested,or(ii)by email or facsimile,to the address set forth below:
If to AGENCY: If to CONSULTANT:
Name: EMILY LOGAN Name: TANI STAFFORD
Agency: CITY OF RENTON Agency: GRAY &OSBORNE, INC.
Address: 1055 S. GRADY WAY, 5TH FLOOR Address: 1130 RAINIER AVE. S., STE. 300
City: RENTON State: WA Zip: 98057 City: SEATTLE State: WA Zip: 98144
Email: ELOGAN@RENTONWA.GOV Email: TSTAFFORD@G-O.COM
Phone: 425-430-7224 Phone: 206-284-0860
Facsimile: 425-430-7376 Facsimile: 206-283-3206
IV. Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing
by the AGENCY. All work under this AGREEMENT shall conform to the criteria agreed upon detailed in the
AGREEMENT documents. These SERVICES must be completed by the date shown in the heading of this
AGREEMENT titled"Completion Date."
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the
established completion time.
•
Local Agency A&E Professional Services Agreement Number'CAC-I9-334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 3 of 34
V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or
SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete
SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov).
A. Hourly Rates: Hourly rates are comprised of the following elements - Direct(Raw) Labor, Indirect Cost Rate,
and Fixed Fee (Profit). The CONSULTANT shall be paid by the AGENCY for work done, based upon the
negotiated hourly rates shown in Exhibits "D" and "E" attached hereto and by reference made part of this
AGREEMENT. These negotiated hourly rates will be accepted based on a review of the CONSULTANT's
direct labor rates and indirect cost rate computations and agreed upon fixed fee. The accepted negotiated
rates shall be memorialized in a final written acknowledgment between the parties. Such final written
acknowledgment shall be incorporated into, and become a part of,this AGREEMENT. The initially accepted
negotiated rates shall be applicable from the approval date, as memorialized in a final written
acknowledgment, to 180 days following the CONSULTANT's fiscal year end(FYE)date.
The direct (raw) labor rates and classifications, as shown on Exhibits "D" and "E" shall be subject to
renegotiations for each subsequent twelve (12) month period (180 days following FYE date to 180 days
following FYE date) upon written request of the CONSULTANT or the AGENCY.The written request must
be made to the other party within ninety (90) days following the CONSULTANT's FYE date. If no such
written request is made, the current direct(raw) labor rates and classifications as shown on Exhibits "D" and
"E"will remain in effect for the twelve(12)month period.
Conversely, if a timely request is made in the manner set forth above, the parties will commence negotiations
to determine the new direct (raw) labor rates and classifications that will be applicable for the twelve (12
month period. Any agreed to renegotiated rates shall be memorialized in a final written acknowledgment
between the parties. Such final written acknowledgment shall be incorporated into,and become a part of, this
AGREEMENT. If requested, the CONSULTANT shall provide current payroll register and classifications to
aid in negotiations. If the parties cannot reach an agreement on the direct(raw) labor rates and classifications,
the AGENCY shall perform an audit of the CONSULTANT's books and records to determine the
CONSULTANT's actual costs. The audit findings will establish the direct (raw) labor rates and
classifications that will applicable for the twelve (12) month period.
The fixed fee as identified in Exhibits"D"and"E"shall represent a value to be applied throughout the life of
the AGREEMENT.
The CONSULTANT shall submit annually to the AGENCY an updated indirect cost rate within 180 days of
the close of its fiscal year. An approved updated indirect cost rate shall be included in the current fiscal year
rate under this AGREEMENT, even if/when other components of the hourly rate are not renegotiated. These
rates will be applicable for the twelve (12) month period. At the AGENCY's option, a provisional and/or
conditional indirect cost rate may be negotiated. This provisional or conditional indirect rate shall remain in
effect until the updated indirect cost rate is completed and approved. Indirect cost rate costs incurred during
the provisional or conditional period will not be adjusted. The CONSULTANT may request an extension of
the last approved indirect cost rate for the twelve (12) month period. These requests for provisional indirect
cost rate and/or extension will be considered on a case-by-case basis, and if granted, will be memorialized in
a final written acknowledgment.
The CONSULTANT shall maintain and have accessible support data for verification of the components of
the hourly rates, i.e., direct (raw) labor, indirect cost rate, and fixed fee (profit) percentage. The
CONSULTANT shall bill each employee's actual classification, and actual salary plus indirect cost rate plus
fixed fee.
•
Local Agency A&E Professional Services Agreement Number CAG-19-334
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A. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the actual cost to the
CONSULTANT.These charges may include, but are not limited to, the following items: travel,printing, long
distance telephone, supplies, computer charges, and fees of sub-consultants. Air or train travel will be
reimbursed only to lowest price available, unless otherwise approved by the AGENCY. The CONSULTANT
shall comply with the rules and regulations regarding travel costs(excluding air, train,and rental car costs) in
accordance with the WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures,and
all revisions thereto. Air, train, and rental card costs shall be reimbursed in accordance with 48 Code of
Federal Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non-salary Costs shall
include an itemized listing of the charges directly identifiable with these SERVICES. The CONSULTANT
shall maintain the original supporting documents in their office. Copies of the original supporting documents
shall be supplied to the STATE upon request. All above charges must be necessary for the SERVICES
provided under this AGREEMENT.
B. Maximum Amount Payable: The Maximum Amount Payable by the AGENCY to the CONSULTANT under
this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one
(1.) The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII,
"Extra Work."No minimum amount payable is guaranteed under this AGREEMENT.
C. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized
in A and B above. Detailed statements shall support the monthly billings for hours expended at the rates
established in Exhibit "D," including names and classifications of all employees, and billings for all direct
non-salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT's
employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the
names, titles, salary rates, and present duties of those employees performing work on the SERVICES at the
time of the interview.
D. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be
made promptly upon its verification by the AGENCY after the completion of the SERVICES under this
AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes, reports, electronic data, and other
related documents, which are required to be furnished under this AGREEMENT. Acceptance of such Final
Payment by the CONSULTANT shall constitute a release of all claims for payment, which the
CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and
transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not,
however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies
the AGENCY may puisue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such
overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such.refund
shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the
AGENCY of overpayment. Per WSDOT's "Audit Guide for Consultants," Chapter 23 "Resolution
Procedures," the CONSULTANT has twenty (20) working days after receipt of the final Post Audit to begin
the appeal process to the AGENCY for audit findings
E.Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for
inspection by representatives of the AGENCY and the United States,for a period of six(6)years after receipt
of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or
bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in
connection with, or related to this AGREEMENT is initiated before the expiration of the six(6) year period,
the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is
completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be
performed by the State Auditor, WSDOT's Internal Audit Office and /or at the request of the AGENCY's
Project Manager.
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VI. Sub-Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit"A" attached hereto and
by this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT
without prior written permission of the AGENCY. No permission for subcontracting shall create, between the
AGENCY and sub-consultant, any contract or any other relationship.
Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit "E"
attached hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant
shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be
memorialized in a final written acknowledgement between the parties
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall
require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this
AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable
sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT,which may result in
the termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a
bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not
paid or agreed to pay any company or person, other than a bona fide employee working solely for the
CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent
upon or resulting from the award or making of this contract. For breach or violation of this warrant, the
AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from
this AGREEMENT price or consideration or otherwise recover the full amount of such fcc, commission,
percentage,brokerage fee,gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole
obligation and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of
this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except
regularly retired employees, without written consent of the public employer of such person if he/she will be
working on this AGREEMENT for the CONSULTANT.
Agreement Number:
Local Agency A&E Professional Services Agreement Number CAC-19-334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 6 of 34
VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987(Public Law
(42 U.S.C. Chapter 21 Subchapter V § 100-259)
2000d through 2000d-4a) • American with Disabilities Act of 1990(42
• Federal-aid Highway Act of 1973(23 U.S.C. Chapter 126 § 12101 et. seq.)
U.S.C. Chapter 3 § 324) • 23 CFR Part 200
• Rehabilitation Act of 1973 • 49 CFR Part 21
(29 U.S.C. Chapter 16 Subchapter V § • 49 CFR Part 26
794) • RCW 49.60.180
• Age Discrimination Act of 1975(42
U.S.C. Chapter 76 § 6101 et. seq.)
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit
"F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached
Exhibit "F" in every sub-contract, including procurement of materials and leases of equipment, unless exempt
by the Regulations or directives issued pursuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon
ten(10)days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged at the time of
termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this
AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to
Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two
(2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the
AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the
CONSULTANT, the above formula for payment shall not apply.
In the event of a termination Tor default, the,amount to be paid to the CONSULTANT shall be determined by,the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing
SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily
completed to date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY
at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES
required and the time which may be required to do so, and other factors which affect the value to the AGENCY
of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this
subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2)of
this section.
If it is determined for any reason, that the CONSULTANT was not in default or that the CONSULTANT's failure
to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be
deemed to be a termination for the convenience of the AGENCY.In such an event,the CONSULTANT would be
reimbursed for actual costs in accordance with the termination for other than default clauses listed previously.
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The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any
member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's
supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved
CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this
AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to
renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be
made to the CONSULTANT as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any
remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT,or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those
rights with respect to any future act or omission by the CONSULTANT.
X. Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY
find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof
changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall
be considered as Extra Work and will be paid for as herein provided under section XIII"Extra Work."
XI. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If
the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted
under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal
action or proceeding to enforce any right or obligation under this AGREEMENT,this action shall be initiated in
the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The
parties hereto agree that all questions shall be resolved by application of Washington law and that the parties
have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of
Washington. The CONSULTANT hereby consents to the;personal.jit isdiction of the Superior Court Of the State
of Washington, situated in the county in which the AGENCY is located.
XII. Legal Relations
The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local
laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed
under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws
of the State of Washington.
The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY
and their officers and employees harmless from all claims,demands, or suits at law or equity arising in whole or
in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the
CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any
tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall
require a CONSULTANT
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to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold
harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based
solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the
AGENCY,their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tie , or any other
persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims
or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the
CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other
persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents,
officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom
the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and
enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's
agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between
CONSULTANT and any sub-consultant, subcontractor and vendor,of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in,part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,
patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the
CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other
persons for whom 'the CONSULTANT may be legally liable, in performance' of the Work tinder this.
AGREEMENT or arising out of any use in connection with the AGREEMENT of methods,processes, designs,
information or other items furnished or communicated to STATE and/or the AGENCY,their agents,officers and
employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or
copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary
information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY's, their agents',
officers and employees' failure to comply with specific written instructions regarding use provided to STATE
and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-
consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be
legally liable.
The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its
sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due
notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter
42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under,
this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own
employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this
indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial
insurance law, Title 51 RCW. The Parties have mutually negotiated this waiver.
Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during
contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for
proper construction techniques, job site safety, or any construction contractor's failure to perform its work in
accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Local Agency A&E Professional Services Agreement Number CAG-19-334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 9 of 34
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with
minimum limits of one million dollars($1,000,000.00)per occurrence and two million dollars
($2,000,000.00) in the aggregate for each policy period.
C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage
for any"Auto"(Symbol 1)used in an amount not less than a one million dollar($1,000,000.00)combined
single limit for each occurrence.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub-
consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations
concerning products and completed operations coverage. This coverage shall be primary coverage and non-
contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the
additional insured coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or
subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The
AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of
Washington.The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14)
days of the execution of this AGREEMENT to:
Name: EMILY LOGAN
Agency: CITY OF RENTON •
Address: 1055 S. GRADY WAY, 5TH FLOOR
City: RENTON State: WA Zip: 98057
Email: ELOGAN@RENTONWA.GOV
Phone: 425-430-7224
Facsimile:425-430-7376
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the
AGENCY.
The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to
section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of
the authorized AGREEMENT or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional
liability to third parties be limited in any way.
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third
part, and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V "Payment Provisions"until the CONSULTANT
has fully complied with this section.This remedy is not exclusive; and the AGENCY may take such other action
as is available to it under other provisions of this AGREEMENT,or otherwise in law.
Local Agency A&E Professional Services Agreement Number CAG=19 334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 10 of 34
XIII. Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of this
AGREEMENT in the SERVICES to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for,
performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order,
or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an
equitable adjustment in the: (1)maximum amount payable; (2)delivery or completion schedule,or both; and
(3)other affected terms and shall modify this AGREEMENTaccordingly.
C. The CONSULTANT must submit any"request for equitable adjustment," hereafter referred to as "CLAIM,"
under this clause within thirty (30) days from the date of receipt of the written order. However, if the
AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted
before final payment of this AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However,
nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A.) and(B.) above, the maximum amount payable
for this AGREEMENT, shall not be increased or considered to be increased except by specific written
supplement to this AGREEMENT.
XIV. Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans,estimates, or any other engineering
data furnished by them.
XV. Certification of the Consultant and the Agency
Attached hereto as Exhibit "G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY,
Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary
Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for
Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in
AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in
AGREEMENT's over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the
CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address
listed in section III "General Requirements" prior to its performance of any SERVICES under this
AGREEMENT.
XVI. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by
the parties. 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 a supplement to this AGREEMENT.
XVII. Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to
be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting
material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the
terms and conditions thereof.
Local Agency A&E Professional Services Agreement Number CAC-19-334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 11 of 34
XVIII. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is
exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other
local, state, or federal statutes ("State's Confidential Information"). The "State's Confidential Information"
includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers,
financial profiles credit card information, driver's license numbers, medical data, law enforcement records (or
any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE
and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data,
proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the
project that relates to any of these types of information. The CONSULTANT agrees to hold the State's
Confidential Information in strictest confidence and not to make use of the State's Confidential Information for
any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-
consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT,
and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to_any other party
without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release
such information or material only to employees, sub-consultants or subcontractors who have signed a
nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY, The
CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized
access to the State's Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the
AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's
Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii)
take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential
Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for
which the State's Confidential Information was received; who received, maintained, and used the State's
Confidential Information; and the final disposition of the State's Confidential Information. The
CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the
AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to,salting databases.
Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in
termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary
damages, or penalties
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information,which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials
containing such proprietary and/or confidential information shall be clearly identified and marked as
"Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this
AGREEMENT.
Local Agency A&E Professional Services Agreement Number CAG-19-334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 12 o/'34
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers
confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT, or(b) as
soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is
not meant to include any information which, at the time of its disclosure: (i) is already known to the other party;
(ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for
the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is
generally utilized by unaffiliated third parties engaged in the same business or businesses as the
CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such infonnation marked proprietary and
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as"Proprietary and/or confidential information"or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that
such records will be released to the requester unless the CONSULTANT obtains a court order from a court of
competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining
disclosure, the AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure
that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT
notification to the sub-consultant will include the date that such records will be released by the AGENCY to the
requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction
enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or
sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the
CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of
actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub-
consultants' information.
XIX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6)
years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain, and
maintain all "documents"pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all
"documents" pertaining to the SERVICES provided hereunder shall be made available for review at the
CONSULTANT's place of business during normal working hours. If any litigation, claim, or audit is
commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such
documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even
though such litigation,claim,or audit continues past the six(6)year retention period.
For purposes of this AGREEMENT, "documents" means every writing or record of every type and description,.
including electronically stored information ("ESI"), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENTs,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes,
reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets,
charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, tabulations,
computations, summaries, inventories, and writings regarding conferences, conversations or telephone
conversations, and any and all other taped, recorded,written, printed or typed matters of any kind or description;
every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an
original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on
the original.
Local Agency A&E Professional Services Agreement Number CAC-19-334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 13 of 34
For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any
kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined,
either directly or after translation into a reasonably useable form. ESI may include information and/or
documentation stored in various software programs such as Email, Outlook, Word, Excel, Access, Publisher,
PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or
databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network
servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones,
laptops, or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES
hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home.
"Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is
normally created,viewed, and/or modified
The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in
relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date"box on page one(1)of this AGREEMENT.
te
Signature /// Date
ATTEST. •
Mayor Denis Law Jas n A. S , City Clerk
Any modification, change, or reformation of this AGREEMENT shall req tire approval as to form by the Qffice
of the Attorney General.
A1,1j1j'/
* SEAL
mar
ADRA IED IStQ`\``\`�.
Local Agency A&E Professional Services Agreement Number CAC-19-334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 14 of 34
Exhibit A
Scope of Work
Project No. TED4004070
SEE EXHIBIT A, ATTACHED.
Local Agency A&E Professional Services Agreement Number 'CAG-19-334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 15 of 34
EXHIBIT A
SCOPE OF WORK
CITY OF RENTON
2019 AND 2020 CURB RAMPS
PROJECT UNDERSTANDING
The City of Renton Transportation Systems Division(Agency)desires to retain
professional engineering services to prepare 30 percent design plans and estimates for
this project, in conformance with City of Renton requirements. The project includes
retrofit of existing curb ramps that are connected to crosswalks located within the 2019
Overlay and 2020 Overlay areas, to make them ADA compliant to the maximum extents
feasible. The project includes the design of a raised HMA intersection at Williams
Avenue South and South Riverside Drive. The project includes reconstruction of the
cement concrete driveway entrance for Alley 2 on Main Avenue South,to make it ADA
compliant. The raised intersection will be a separate schedule of work/deliverable. The
scope of work also includes topographic survey and existing right-of-way determination
within the City's 2020 Street Patch and Overlay and Alley Reconstruction project limits.
2019 Overlay Area
Map 2 (Estimated Curb Ramps=3)
Lake Youngs Court SE: Lake Youngs Way SE to end of cul-de-sac—
•• Three ramps at Lake Youngs Way SE,westerly unmarked crossing.
Map 1 (Estimated Curb Ramps= 16) •
SE 158th Street: SE 159'h Place to 138'' Place SE—
• Four ramps at 1391h Court SE(two are diagonal);
Four ramps at 140'h Court SE(two are diagonal);
• Four ramps at SE l596 Place (two arc diagonal).
138'h Place SE: SE 158'1'Street to SE 1561h Street—
• Two ramps at SE 156'1' Street terminus(replace existing);
.6 Two ramps at north end of curve to SE 158'11 Street(replace existing).
c;x.o 020195,5X Page I_of 9
•
•
2020 Overlay Area
Map 1 (Estimated Curb Ramps= 15)
Taylor Place NW: NW 4th Street(center of intersection)to Stevens Avenue NW(north
side intersection and north side of marked crosswalk) —
• Two curb ramps at the northerly marked crosswalk at Stevens Avenue
NW;
• Two curb ramps at the unmarked crossing on the east leg of the NW 6th
Street intersection(diagonal);
,c Two curb ramps at the unmarked crossing on the east leg of the NW 5th
Street intersection(diagonal).
Taylor Avenue NW: Renton Avenue Extension(paving joint on north side of
intersection)to NW 4`h Street(center of intersection)—
•, One curb ramp at northerly unmarked crossing of South 132"d Street;
+ Two curb ramps at the northerly and southerly unmarked crossings of
NW 2"d Place;
• Two curb ramps at the easterly unmarked crossing at NW 3`d Street
(diagonal);
• Two curb ramps at the westerly unmarked crossing at NW 3`d Place
(diagonal);
•• Two curb ramps at the easterly unmarked crossing at NW 4th Street(these
look like these were recently replaced).
Map 2(Estimated Curb Ramps= 10)
Williams Avenue South: South 2"d Street(limit of conversion project)and then north to
cement concrete bridge approach at South Riverside Drive)—
• Four curb ramps at South Tobin Street(two are diagonal);
• Six curb ramps at the raised intersection of South Riverside Drive(assume
two are diagonal);
•• Design a raised HMA intersection at Williams Avenue South and
South Riverside Drive.
Map 3 (Estimated Curb Ramps=0)
Taylor Road South: South end of PSE parcel overlay limits to South Grady Way(stop at
pavement patch). The area to be patched will be surveyed. The pavement patch is
located on the west side of the road in the two inside lanes.
G&()i!2019558 Page 2 of 9
Map 5 (Estimated Curb Ramps=0)
• Alley 1 and Alley 2. The area of the alley reconstruction at each location will be
surveyed.—
• The cement concrete driveway entrance for Alley 2 will be designed to be
ADA compliant.
The project includes topographic survey and right of way determination,maximum
extents feasible analysis and documentation, curb ramp design adjustment of castings to
grade, HMA patches along the new curb line,minor retaining walls, signing, traffic
{ • control and surface restoration.Overlay and pavement marking will be included in a
separate contract.
There is no FHWA funding associated with this project.
The following design criteria will be adhered to:
City of Renton Municipal Code
• City of Renton Standard Details
• Public Right-of-Way Accessibility Guidelines(PROWAG),July 26,2011
WSDOT Design Manual,M 22-01,September 27, 2019
1,11 WSDOT Pavement Policy,September 2018
WSDOT Standard Plans,M 21-01, September 3,2019
• WSDOT 2020 Standard Specifications,M 41-10, September 1,2019
• Manual on Uniform Traffic Control Devices MUTCD),2009 Edition
See the attached project Vicinity Maps.
SCOPE OF WORK
1. Project Management for the full design phase
2. Limited Surveying and Mapping
3. 30 Percent Design Plans
4. Quality Assurance/Quality Control (QA/QC)
Assumptions
• Time is a material consideration in the performance of all work by the
Consultant under this Agreement. The Consultant shall complete its work
and services within its control to meet the agreed-upon schedule. The
Consultant shall provide the Agency monthly updates to the project
schedule that identify tasks and deliverables that require time extensions
due to reasonable and/or unforeseen circumstances. The Agency shall not
unreasonably withhold written acceptance of the time extension.
(mu#2o195,5s Page 3 of9
• Right-of-way and construction easement acquisition is not included in the
Scope of Work. If required, it will be added via a supplemental
agreement.
• A Management Reserve Fund of$10,000 is included for items not
included in the scope of work. The Management Reserve Fund will not be
used without written authorization by the Agency.
• All deliverable formats indicated below shall be in software versions as
listed under Exhibit C of the Agreement.
.• The scope of work does not include environmental services. No SEPA is
required.
• No APS upgrades are required.
• No traffic modeling is included in this scope of work.
• The Scope of Work does not include construction management or support.
The Agency may retain the services of the Consultant to supply
construction support and construction management under a supplemental
agreement.
• The Consultant staff will come to the Agency's office for meetings needed
to make design decisions.
• No geotechnical investigation is included in the scope of work.
• No cultural investigation is included in the scope of work.
• No traffic loop replacement is required.
• The City provides flagging for the Gray&Osborne survey crew on Talbot
Road South(1 day).
•• No record of survey is required..
• . Topographic survey and right-of-way research are included for the curb
ramp retrofit areas,2020 Street Patch and Overlay and Alley
Reconstruction areas.
• No predesign report is included in the scope of work.
• No sign inventory and no existing signage replacements are included in
this scope of work, unless related to curb ramp revisions.
cXco;20195.58 Page 4 of 9
.
• HMA overlay and permanent pavement markings for the 2020 overlays
project will be included in a separate project.
• Design Team:
The key members of the Gray& Osborne design team for this phase of the
project will include the following:
o Brian Sourwine, P.E.—QA/QC
o Tani Stafford, P.E.—Principal-in-Charge/Project Manager
o Brian Bollen,P.E.—Civil Engineer
o Darla Foley—Technician/Reprographics
o Rick Bond,P.L.S.—Professional Licensed Surveyor
o Jason Dell—Survey Crew Chief
o Bruce Sheldon—CAD Technician
o Zack Liebowitz—Surveyor
o Michael Ballard-Engineer-In-Training
If for any reason there needs to be a change in the Gray&Osborne Design
Team,Gray&Osborne will obtain written permission from the Agency •
before making the change. Gray& Osborne will present the Agency with
resumes for potential replacements of key team members to facilitate the
Agency's decision on any changes to the key members of
Gray&Osborne's Design Team.
Task 1 —Project Management
Provide overall project management and oversight of the project by the
Principal-in-Charge.
A. Provide overall project management and oversight services to include:
1. Procure sufficient internal staff resources to dedicate to the project.
2. Prepare a project schedule in XLS format
3. Prepare and execute subconsultant contracts.
4. Manage project budget and schedule.
5. Provide monthly progress report spreadsheets and invoices.
B. Hold project coordination meetings between the Agency and the
Consultant.
Deliverables (N'oticc to Proceed'(N`l'P)and.Ongoing to 1 Year.following NIP)
• Invoices/Reports
a,&o h20195.55 Page 5 of 9
• Coordination Meeting Minutes
Assumptions
�.: A total of two meetings will be held between the Agency and the
Consultant during the project at the Agency's office.
Task 2—Survey and Mapping
Define the limits of the existing rights-of-way in the curb ramp retrofit areas,2020 Street
Patch and Overlay and Alley Reconstruction areas. Obtain vertical and horizontal control
necessary for design of the project,obtain pertinent topographical information to include
identifying existing and obvious utilities, and pertinent topographical features to facilitate
design of the project. Perform survey control for referencing monuments. Coordinate
with utilities for map requests and provide utility locates. Request utility mapping and
coordinate with utilities. The City will provide Gray&Osborne with the"partial"
Williams Avenue Topographic Survey.
Subtask 2.1:—.Right-of Way Research,
A. Acquire and utilize readily available records of survey,plat maps,assessor
maps, etc., from the County Courthouse(Auditor's Office)along the curb
ramp retrofit areas as required for establishing the existing right-of-way
along the project alignment.
B. Acquire and utilize readily available records of survey,plat maps,assessor
maps,etc., from the County Courthouse(Auditor's Office)along the Alley
project corridors,overlay areas and street patch area as required for
establishing the existing right-of-way along the project alignment.
C. Perform survey control to tie in and reference monuments that will be
disturbed by the overlay work.
D. Prepare Washington State Department of Natural Resources(DNR)
monument preservation forms and file with DNR.
Subtask 2.2— Utility Mapping
A. Provide written requests for all utility companies known to provide utility
service in the curb ramp retrofit areas, 2020 Street Patch and Overlay and
Alley Reconstruction areas.
B, Review data provided by utility companies and incorporate into project
design as may be applicable.
G&O$2OI95.5M Page 6 of 9
Subtask,2:3 --TbliiigrapiiieSurvev
A. Establish vertical and horizontal control on the Agency's adopted datum
for survey and mapping at a scale of not more than I inch equals 20 feet
• (horizontal)and 1 inch equals 5 feet(vertical). Vertical control will be
suitable for establishing 2-foot contour intervals and to support the design •
and construction included in this Scope of Work.
B. Acquire limited topographical survey of the curb ramp retrofit areas and
the 2020 Street Patch and Overlay and Alley Reconstruction areas. This
includes:
1. Curb Ramp Areas: Physical survey of edge of pavement,
curb/gutter, landscaping,sidewalk,pavement markings,utility
structures,buildings,poles,signs within 25 feet of the pedestrian
crossings,pavement centerline,visually obvious utilities(including
utility poles, overhead lines,hydrants,catch basins with measure
downs,valves, etc.), utility paint locates,buildings, fences,major
trees and significant landscaping, curb,gutter,sidewalks,signs,
driveway entrances,etc., in sufficient detail to support an adequate
level of design for curb ramp reconstruction, associated drainage
improvements,and for the raised intersection design at
Williams Avenue South and South Riverside Drive.
2. Alley 1 and 2: Physical survey of edge of pavement/buildings
utility structures,guardrails, fences,cement concrete driveway
entrances along Alley 1 and Alley 2.
3. 2020 Overlay and Street Patch Areas: Physical survey of the
overlay project areas and street patch area to establish existing
ground surface,pavement centerline,pavement edges,visually
obvious utilities(including utility poles,overhead lines,hydrants,
catch basins with measure downs, valves,etc.),utility paint
locates,buildings, fences, major trees and significant landscaping,.
signal poles, curb,gutter, sidewalks, signs, driveway entrances,
etc., in sufficient detail to support an adequate level of design for
overlay and patch improvements.
4. Incorporate existing City-furnished topographic survey of
Williams Avenue into the base map.
Deliverables 4NTP.t'b 2 Months rust NTP)
Electronic base map in ACAD format and PDF. Base map will include a
strip map showing existing topographic features, right-of-way,contour
C Mu 020195.SX Page 7 of 9
lines at 2-foot contour intervals,channelization,paint locates, catch basin
rim elevation and measure downs, and a legend.
.• Monument forms.
Assumptions
• No record of survey is required.
• No right-of-way plan is required. If a right-of-way plan is required it will
be added by a supplemental agreement.
• The Consultant will call for locates prior to the topographic survey in the
intersections,alley areas, 2020 overlay areas and street patch areas.
Task 3—30 Percent Design
Confirm if MEF documentation exists in the curb ramp locations. Prepare a 30 percent
design and cost estimate for the curb project and the raised intersection project. Meet
with Agency staff to review the design.
A. Prepare a 30 percent design strip map of the curb ramp retrofit areas at l
inch equals 20 feet scale. The strip map will show the existing surface
data(base map)and right-of-way from the survey work and utility
mapping.
B. Prepare a 30 percent design of the raised intersection.
C. Prepare a 30 percent design of the cement concrete driveway entrance to
Alley 2 (at Main Avenue South).
D. Prepare a 30 percent cost estimate based on the 30 percent design with a
separate cost breakdown/schedule for the raised intersection.
-Delivcraiblcs.(2 Months Post-NTP to 3,Months.Post-NTP4.
• Strip map and cost estimate in both PDF and ACAD file format
Task 4—Quality Assurance/Quality Control
A: Oversee one in-house QA/QC meeting at the Consultant's office, The
meeting will include senior project staff,selected design team members,
and Agency staff(as desired). Meetings are to take place at the following
levels:
G&O d20195.58 Page 8 of 9 _
1. 30 Percent Design
B. Ensure incorporation of relevant recommendations and suggestions into
design resulting from QA/QC review,
Deliverables.(Ongoing to' Monihs-hbst-NIP)
• Memo of Review Comments.
ADDITIONAL SERVICES
The City may require additional services of the Consultant. The scope of work for
additional services will be determined based on the unanticipated project needs or other
considerations at the sole discretion of the City. this work may include items identified in
the current task authorization as well as other items,which may include,but are not
necessarily limited to the following:
• Design Services
• Construction Services
• Additional Surveying Services
• Other services not specifically referenced in this scope of work
These services will be authorized under a future contract supplement if necessary. At the
time these services arc required,the Consultant shall provide a detailed scope of work
and an estimated of costs. The Consultant shall not proceed with the work until the City
has authorized the work and issued a notice to proceed.
MANAGEMENT RESERVE FUND
The Management Reserve Fund allows the Agency to expand the scope of work without
seeking an additional and formal contract supplement within the limits and terms as
stated herein. The Consultant cannot access the Management Reserve Fund budget
without the further written authorization of the Agency.
The Management Reserve Fund will consist of an amount not to exceed$10,000, and is
set aside to cover the cost of unforeseen work and/or services required for the PS&E
phase of the project. Such unforeseen conditions could include additional right-of-way
research, traffic analysis, environmental documentation,public involvement process,
potholing, geotechnical assistance, additional design effort, and/or other related tasks.
O&o.420I95.58 Page 9 of 9
end
2019 Overlay Map No . 1 Leg City and County Boundary
Addresses
f '% 1'S451 ♦ .� .y ,.. ` � L Parcels
�. !�f` ,,� 3902 �` l7►_+r • f,. I Streets
' �✓ i . 13 1391p• ..0:': -off
15416► 1154 9►��'=T.`s461►'` -• I - 13928 ` `` •,..,,...„., ___:!. 7•, 'j Points of Interest
'✓ �Yt: r..._ ..•t _. 13932r .) . y.f _ •$� Parks
t 15525' i a� ��� 4r' 1"' " •� a � �' s► t; • •�: •11 rt • Waterbodies
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b 13850'.
,,, 4'•k-•. 1553'1l1 �i Re Iace Existing �,� '� " - �r
' 1561 �� i i 390�4�� p g � , +-.. _� Extent2010
• Ramps - h '
•.r 15619 "'4:`� '�'39T0 ,. 14012• ,• _tt,_ t
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,' . 13852 - 1.3864 1. 906 �'�'T 15631
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r w �41+939 •13951 13963 I< 1 ' 14001� •• �^ a- `
t 7 R t •illpir •* -.-+pi. / .•. fa.' . . _ f J..,Y!1
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Michelle Faltaous This map is a user generated static output from an Internet mapping site ano
256 0 128 256 Feet is for reference only.Data layers that appear on this map may or may not be City of on •
mfaltaouscRentonwa.gov accurate.current,or otherwise reliable.
wGS_1984_Web Merwtor_Auxdiary Sphere
03/26/2019 THIS MAP IS NOT TO BE USED FOR NAVIGATION Finance&I"I-Division
•
nd
2019 Overlay Map No . 2 tLege,�. City and County Boundary
( Addresses
- � .,:. •, Parcels
' ' < : • 1401 ; ,. .y Streets
I , �f ` 1408 Points of Interest
' R••, t, i �} t� 1405f. ;} Parks
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128 0 64 128 Feet is for reference only Data layers that appear on this map may or may not be Clt"01 won
mfaltaous@Rentonwa.gov accurate,current,or otherwise reliable
WGS_1984_Web_Mercator_Auwliary_Spnere
03/27/2019 THIS MAP IS NOT TO BE USED FOR NAVIGArboN Finance&IT Division
Legend ,
2020 Overlay Map No- 1 I - City and County Boundary
i Parcels
-__ _/ —.—w, ■ ii l` 1{ Streets
N f, ti1ft
I.''` Parkss. .C! . : rbodies
i� it'l r. � 6� !" irromposip
•. ) t f ... i s Y t • Map
�.Ppr� r`.. .. :EV.4. 44...C.1.111131114 '_ ." r .c '?j .\
tEent2010
INIII' i. "-,Y it: _ I Curb Rcrn
h t`Vlh'l- "!' i L-�i.:... rJt. IT 42., �� 1111111S:
t. * '� , . Retrofit location
.i ,,„ 1i 1,t,t , 14v t,iisig.
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::.".:!..iLar,'Itt
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y11
' .t'tw _i''" ` _ '� ''ttri�:1711.:Li'lli.-11\.:I:,r,,,,,*:::,:j15....':
- �• ��:• �a<rru �c} `� tt at i
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•
LINN t om. N •r! Mi ,Z,on ,p•ttj g)t«.3i. ' --f.ts
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° Michelle Faltaous This map is a user generated static output from an Internet mapping site and Mat Cl o,. �
512 0 256 512 Feet is for reference cnty.Data layers at appear on this map mayor may not be ty n
mfaltaous@Rentonwa.gov accurate current or otherwise reliable.
iNGS_1984_1Neo_Me cator_A.ix'Jiary_Sprere
03/27/2019 THIS MAP IS NOT TO BE USED FOR NAVIGATION Finance&!"1'Division
i i
2020 O eil ly M,710 No . 2
- ,0.--,., ��___,1-tau! • a•44_ r � ikLcr
L.mte. •
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ice. MT
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Leilis j. ' 1 ' t, ''''' '- ''l I 4 .
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4
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Notes Legend
F,orn S Riverside Dr to Parcel 7231501979 City and County Labels
(Midpoint of Parcel)
„1 City and County Boundary
Parcels
CO Streets
Points of Interest
Parks
--r•-1
Waterbodies
272 0 136 272 Fret Extent2010
WGS 1984_Web Mercator Auxiliary Sphere
CIl}'ttf eto ri Emily Logan ,
eiogan@rentonwa gov
Finance& IT Division 11/1/2019 THIS MAP IS NO1 TO RE USED FOR NAVIGATION
2020 Overlay Map No . 3
11/4 ti',. . .
.ii at,
), _ . iis . , 40- • agit, ',,i;•,
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,.. iii, 44 ; ' 1 'oi
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-.4 7City WIzvorMfy I M it: )�d }±. t
,,, - ,,,'''4: . #.4?..- 0 '5''' , ) A jii .'''' -.3t
Notes Legend
From S Grady Way to Talbot Rd S/SR 515 City and County Labels
intersection(PSE parcel)
City and County Boundary
Addresses
43 Parcels
Streets
Points of Interest
i
Parks
256 0 _ 128 256 Feet Waterbodies
WGS 1984 Web Mercator Auxiliary Sphere Extent2010
City OrL. \r i i L- i i unity Logan
elogen@rentonwa gov
Finance& IT Division 11/1/2019 THIS MAP IS NOT TO BE USED FOR NAVIGATION
i
1 2020 Overlay Map No. 5 (Alley 1 & 2)L._
-i- - -*00.----6-. - 72 3'1501020—•••"-- --7 2315010 10 ,
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72.1 1.50 717 5,,.. 71 1 110:1 30 ii_72:ist:iyi,R) • t „ • -- — ----• - N , •
723 1500910 • , _ ,,,, .
•
Notes Legend
Parcels
Streets
Points of Interest
0 Parks
Waterbodies
• Map
Extent2010
arimormorrimic------111111111C.:::11
68 0 34 68 Feel
WGS_19134_Web_Mercator_AuxtIlary_sphere
. _
rEtnity Logan
City of Re
elogan@rentonwa gov
Finance& IT Division 9/13/2019 THIS MAP IS NOT TO BE USED FOR NAVIGATION
PAGE INTENTIALLY LEFT BLANK
Local Agency A&E Professional Services Agreement Number CAC-I9-334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 16 of 34
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency,as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include,but are not limited to, the following:
L Surveying,Roadway Design&Plans Preparation Section
A. Survey Data
STANDARD: SURVEY AND DRAFTING STANDARDS, FEBUARY 2018
FORMAT: AUTODESK, AUTOCAD CIVIL 3D.
NOTE: CONSULTANT'S VERSION SHALL BE COMPATIBLE WITH CITY
OF RENTON'S VERSION, AT THE TIME OF SUBMISSION OF DELIVERABLES.
FOR 2019, CITY OF RENTON VERSION IS AUTOCAD CIVIL 3D 2019.
TRANSMISSION: COMPACT DISK, DVD, AND/OR FLASH DRIVE,
B. Roadway Design Files
STANDARD: WASHINGTON STATE DEPARTMENT OF TRANSPORATION, LOCAL AGENCY
GUIDELINES, MAY 2019
FORMAT: AUTODESK, AUTOCAD CIVIL 3D.
NOTE: CONSULTANT'S VERSION SHALL BE COMPATIBLE WITH CITY
OF RENTON'S VERSION, AT THE TIME OF SUBMISSION OF DELIVERABLES.
FOR 2019, CITY OF RENTON VERSION IS AUTOCAD CIVIL 3D 2019.
TRANSMISSION: COMPACT DISK, DVD, AND/OR FLASH DRIVE.
C. Computer Aided Drafting Files
STANDARD: SURVEY AND DRAFTING STANDARDS, FEBUARY 2018
FORMAT: AUTODESK, AUTOCAD CIVIL 3D.
NOTE: CONSULTANT'S VERSION SHALL BE COMPATIBLE WITH CITY
OF RENTON'S VERSION, AT THE TIME OF SUBMISSION OF DELIVERABLES.
FOR 2019, CITY OF RENTON VERSION IS AUTOCAD CIVIL 3D 2019.
TRANSMISSION: COMPACT DISK, DVD, AND/OR FLASH DRIVE.
•
Local Agency A&E Professional Services Agreement Number,CAC-I9-334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 17 of34
D. Specify the Agency's Right to Review Product with theConsultant
AGENCY RETAINS THE RIGHT TO REVIEW ALL DELIVERABLES LISTED IN THE SCOPE
OF WORK AS SHOWN IN EXHIBIT A.
E. Specify the Electronic Deliverables to Be Provided to the Agency
SEE EXHIBIT A.
F. Specify What Agency Furnished Services and Information Is to Be Provided
SEE EXHIBIT A.
Local Agency A&E Professional Services Agreement Number'CAC-I9-334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 18 of 34
IL Any Other Electronic Files to Be Provided
SEE EXHIBIT A.
III. Methods to,Electronically Exchange Data
EMAIL, COMPACT DISK, DVD, AND/OR FLASH DRIVE.
Local Agency A&E Professional Services Agreement Number CAG=19-334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 19 of 34
A. Agency Software Suite
MICROSOFT WINDOWS 10, MICROSOFT OFFICE 2016
B. Electronic Messaging System
MICROSOFT OFFICE OUTLOOK 2016
C. File Transfers Format
PDF,ZIP FILES, MICROSOFT OFFICE:WORD(2016),EXCEL(2016), PROJECT(2016),
POWERPOINT(2016), PUBLISHER(2016)
Local Agency A&E Professional Services Agreement Number CAC-19-334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 20 of 34
Exhibit D
Prime Consultant Cost Computations
SEE EXHIBIT D, ATTACHED.
•
Local Agency A&E Professional Services Agreement Number CAC=19-334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Pagc 21 of 34
•
•
•
•
Exhibit D-Prime_Consultant Computations _ ,-.__ ._._ __ -
Project Name: 2019&2020 Curb Ramps and Raised Intersection-30%Design
Budget Estimate
Ernnleyee - I ' Brian5uurwine 73iu$aflcrd. '&Ian Roden 1- -Darla Flee i" Michael Ballard ,' Rick cord Jason Dell- Brian Schulkm Bruce Sheldon' Ron Albrecht Zack Uebowite
•
FunctionROc ! Prinooal/Pia 0 Feincio%/M avilE 537.75[ Technicianr� Eneineer inT 6t 'Pm(Lcened Survesor Surveyor SurveyorSurveyor Technician Surveyor Surveyor ,Contract Contract
_-' EnWcvee Rate - 1 - I • 'S39OC 533.25 -534 AC 525.60, Totals . Noun..
Task I - Devotion lists " -- Ma -ha 5 rut' 5-' tits $ Ars 5 Ns- IS' lv.. 5. Ihrs 1 'Irs- S hrs IS. -
7. `)ProieRManaeerner3 - =__-_ - - -5000. 30 51.57500 - ' S003 5000 - ''• $000 $O DO . - 5000 - 50.00 SO CO 5000 S000 $1,575.00I - 300
7' t5urveving&Wooing • -- . -5000 ' 11 :553750 .."56 52.11400 'c --51050 l-- 14 .551600 52 .52.35300 .:46 5134000 56 5190100 56,51352 60 -S6 5190403 SE 51.00000 514.11100 4030
lPreoare Content Plans_ - 50 00 1. le . :5304.00 105 5392600 .-50.00. -..6 1.5212.00 ' _ 5000 - -SD 00 "'S000 'S6 5136200. --.5000.' -_5000 56d>7.00 13i0
o a/Vac 1 'S .S41030I .5 .542000 3 5302L0 _ $0.00 . - . $0.00 - W00 50.00. _ 30.00 . - '-S000 . - -.S000. -$OW _51/53110... - 2u0
I I I. I.
Rower 5+6t4tali 1 E' 5416891 .651 .53.412.50. -166 56,34200 11 •520.50 .32 .5343.00 53 --5235300 491 51.30.00 56, 5190400 1121.5372400 56151904.001 5E151.40000 521666301 6460
--- - -- - . I' - - S0001 R 5000 ' -5000 I. 'SOACI- SOAO - - Soda.' I" "S000 I' S0001: I. 50.00 1 So00I. I Se co S0001
Msdriulrr. ... E' -5116E0- :53 53,a1150 S6a. S6.342fA :1-- '.'$20.50. --32"' .5b•sSA3- ' 52: 52153$° -'40 5-.3-'0DO 5$ -
. _ _ � - , - .,_ -' :S19vSSA. 11233:12400 '.s7r5159400 $651.303.00I S23.667501_.
Direct labor .523.664E0
Fee. 026• S662614
WttIlOad 1E304 544.43929 ' .
'voenler 51226
,SNxmw'u enH. - _ _ .20-_-
Management Reserve 5 10.00003
Sorel 536A1643 952% F4r30%design
Ecrinlared Construction contract 5 393.956 CO
Exhibit E
Sub-consultant Cost Computations
There is not any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the
performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to
section VI"Sub-Contracting"of this AGREEMENT.
Local Agency A&E Professional Services Agreement Number'CAG-I9-334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 22 of 34
Exhibit F
Title VI'Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in
interest agrees as follows:
I. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"),
which ate herein incorporated by reference and made a part of this AGREEMENT.
2 Non-discrimination: The CONSULTANT,with regard to the work performed during this AGREEMENT,
shall;not discriminate on the grounds of race, color, sex, or national origin in the selection and retention
of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when this AGREEMENT covers a program set forth
in Appendix B of the REGULATIONS.
3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub-contract, including procurement of materials or leases of equipment, each potential sub-
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under
this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race,color,
sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to sits books, records,
accounts, other sources of information, and its facilities as may be determined by the AGENCY, the
STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with
such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is
in the exclusive possession of another who fails or refuses to furnish this information, the
CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set
forth what efforts it has made to obtain the information.
S. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT
sanctions as it, the STATE,or the FHWA may determine to be appropriate, including,but not limited to:
• Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT
complies,and/or;
• Cancellation, termination, or suspension of this AGREEMENT, in whole or in part.
6 Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by
the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action
with respect to any sub-consultant or procurement as the STATE,the AGENCY,or FHWA may direct as
a means of enforcing such provisions including sanctions for non-compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and,in
addition, the CONSULTANT may request the United States enter into such litigation to protect the
interests of the United States.
Local Agency A&E Professional Services Agreement Number CAC-19-334:
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 23 of 34
Exhibit G
Certification Document
Exhibit G-1(a) Certification of Consultant
Exhibit G-1(b) Certification of CITY OF RENTON
Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters-Primary
Covered Transactions
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Exhibit G-4 Certificate of Current Cost or Pricing Data
II
Local Agency A&E Professional Services Agreement Number CAG-19-334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 24 of 34
Exhibit G-1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
GRAY & OSBORNE, INC. •
whose address is
1130 RAINIER AVE. S., STE. 300, SEATTLE, WA 98144
and that neither the above firm nor I have
a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b) Agreed, as an express or implied condition for obtaining this contract,to employ or retain the services of
any firm or person in connection with carrying out thisAGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working
solely for me or the above CONSULTANT)any fee, contribution, donation, or consideration of any kind
for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly
stated(if any); •
�.
I acknowledge that this certificate is to be furnished to the CITY OF RENTON
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and
Federal laws,both criminal and civil.
GRAY & OSBORNE, INC.
Consultant(Firm Name) ^-
Signature(Authorized 'dal of Consultant) Date
•
Local Agency A&E Professional Services Agreement Number CAG-19-334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 25 of 34
Exhibit G-1(b) Certification of CITY OF RENTON
I hereby certify that I am the:
x❑ CERTIFIED AUTHORITY (CA)
❑ Other
of the CITY OF RENTON and GRAY & OSBORNE, INC.
or its representative has not been required,directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a) Employ or retain, or agree to employ to retain,any firm or person;o
b) Pay, or agree to pay, to any firm,person,or organization,any fee, contribution, donation, or
consideration of any kind; except as hereby expressly stated(if any):
I acknowledge that this certificate is to be furnished to the CITY OF RENTON
Highway A ministration,��`vim—Depa ent-of_ Irangpnrtntinrt, in connection—with—this
involving-part-ieipation of FLdeial-aid-highway--funds, and is aubjcet to-applicable--State-and
Federal laws,I ottreric final-and-eiv-
gnature Date
•
Local Agency A&E Professional Services Agreement Number CAC-I9-334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 26 0'34
Exhibit G-2 Certification Regarding Debarment Suspension and Other Responsibility
Matters - Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State anti-trust statues or commission of
embezzlement,theft, forgcry,bribery, falsification or destruction of records, making false statements,
or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of
this certification; an
D. Have not within a three (3) year period preceding this application/proposal had one or more public
transactions (Federal, State and local)terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this
certification such prospective participant shall attach an explanation to this proposal.
GRAY & OSBORNE, INC.
Consultant(Firm Name)
Signature(Authorii d official of Consultant) Date
Local Agency A&E Professional Services Agreement Number CAC-19-334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 27 of 34
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for
Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation,
renewal, amendment,or modification of Federal contract,grant,loan or cooperative AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this Federal contract, grant, loan or cooperative AGREEMENT,the undersigned shall complete and
submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file
the require certification shall be subject to a civil penalty of not less than$10,000.00,and not more than
$100,000.00 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier sub-contracts,which exceed
$100,000 and that all such sub-recipients shall certify and disclose accordingly.
GRAY & OSBORNE, INC.
Consultant(Firm Name)
Signature`(Authotiz d Official of Consultant) Date
Local Agency A&E Professional Services Agreement Number CAC-19-334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 28 of34
Exhibit G-4 Certification of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section of
the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either '
actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's
representative in:support of 2019-2020 CURB RAMPS FOR OVERLAY •are accurate,complete, and current
as of It - •
This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing
rate AGREEMENT's between the offer or and the Government that are part of the proposal.
Firm: GRAY & OSBORNE, INC. •
Signature Title
Date of Exect.'ition _ tir*X7 _ _ ***.
•
*Identify the proposal,quotation,request for pricing adjustment,or other submission involved,giving the appropriate identifying number(e.g.project title.)
**Insert the day,month,and year,when price negotiations were concluded and price AGREEMENT was reached.
***Insert the day,month,and year,of signing,which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
•
Local Agency A&E Professional Services Agreement Number CAG-19-334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 29 of 34
Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII,Legal Relations
and Insurance of this Agreement is amended to$ NO CHANGE _
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of$ NO CHANGE
Such insurance coverage shall be evidenced by one of the following methods:
• Certificate of Insurance
• Self-insurance through an irrevocable Letter of Credit from a qualified financial institution
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims', including claim amounts already reserved against the fund, safeguards established for payment
from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract,whichever is greater, then justification shall be submitted
to the Federal Highway Administration (FHWA)for approval to increase the minimum insurance limit.
If FHWA approval is obtained,the AGENCY may, at its own cost, reimburse the CONSULTANT for the
additional professional liability insurance required.
Notes: Cost of added insurance requirements: $ NOT APPLICABLE
• Include all costs, fee increase,premiums.
• This cost shall not be billed against an FHWA funded project.
• For final contracts,include this exhibit
Local Agency A&E Professional Services Agreement Number.CAC-19-334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 30 of 34
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant has alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the
resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some
material damage due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the
Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the
potential design error(s). For federally funded projects, the Region Local Programs Engineer should be
informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer
may appoint an agency staff person other than the project manager, who has not been as directly
involved in the project, to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include all decisions and descriptions
of work,photographs, records of labor,materials,and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub-consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
• It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced
from the consultant's agreement with the agency for the services on the project in which the design
error took place. The agency is to provide .LP, through the Region Local Programs Engineer, a
summary of the settlement for review and to make adjustments, if any, as to how the settlement
affects federal reimbursements.No further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant,proceed to Step 5,
Local Agency A&E Professional Services Agreement Number CAC-I9-334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 31 of 34
Step 5 Forward Documents to Local Programs
For federally funded projects,all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt to
find a resolution,to the issue. If necessary, LP will request assistance from the Attorney General's Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
• If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to
reflect the agreed upon resolution. LP,in consultation with FHWA,will identify the amount of federal
participation in the agreed upon resolution of the issue.
• If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or
by litigation.
Local Agency A&E Professional Services Agreement Number.CAC=19-334
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 32 of 34
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The
following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's
claim(s) total a $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is
suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the
consultant's claim(s)that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of
the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is
the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars,overhead costs,profit and reimbursable costs associated with the
additional work; and
• Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the
Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through
the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will
need to be from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo,
including backup documentation to the consultant to either supplement the agreement, or create a new
agreement for the claim. After the request has been approved, the Agency shall write the supplement
and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the
final payment for the agreement is subject to audit. No further action in needed regarding the claim
procedures.
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Local Agency A&E Professional Services Agreement Number'CAC-19-334.
Negotiated Hourly Rate Consultant Agreement Revised 02/28/2018 Page 33 434
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the claim
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs,profit and reimbursable costs associate
with the additional work;
• Explanation regarding those areas in which the Agency dots/does not agree with the consultant's
claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s);and
• Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or Commission
approval (as appropriate to agency dispute resolution procedures). If the project involves federal
participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement
of the claim. If the claim is not eligible for federal participation, payment will need to be from agency
funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and
rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount of the
claim. Inform the consultant that the final payment for the agreement is subject to audit
•
Local Agency A&E Professional Services Agreement Number'CAG-19-33.4
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