HomeMy WebLinkAboutContract CAG-02-047
ENGINEERING
ANNUAL CONSULTANT AGREEMENT
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THIS AGREEMENT,made and entered into on this 9 , day of 2002,by and between the CITY
OF RENTON,WASHINGTON,A MUNICIPAL CORPORATION HEREINAFTER CALLED THE"CITY," and
Penhallegon Associates Consulting Engineers,Inc. whose address is 1601 Second Ave., Suite 1000, Seattle,WA
98101, at which work will be available for inspection,hereinafter called the "CONSULTANT."
PROJECT NAME: Elliott Bridge Replacement Sanitary Sewer Coordination/Design
WHEREAS,the City has not sufficient qualified engineering employees to provide the engineering within a
reasonable time and the City deems it advisable and is desirous of engaging the professional services and assistance
of a qualified professional consulting firm to do the necessary engineering work for the project, and
WHEREAS,the Consultant has represented and by entering into this Agreement now represents,that it is in full
compliance with the statutes of the State of Washington for registration of professional engineers,has a current valid
corporate certificate from the State of Washington or has a valid assumed name filing with the Secretary of State and
that all personnel to be assigned to the work required under this Agreement are fully qualified to perform the work to
which they will be assigned in a competent and professional manner, and that sufficient qualified personnel are on
staff or readily available to Consultant to staff this Agreement.
WHEREAS,the Consultant has indicated that it desires to do the work set forth in the Agreement upon the terms and
conditions set forth below.
NOW THEREFORE,in consideration of the terms, conditions, covenants and performances contained herein below,
the parties hereto agree as follows:
I
SCOPE OF WORK
The Consultant shall furnish, and hereby warrants that it has,the necessary equipment,materials, and professionally
trained and experienced personnel to facilitate completion of the work described in Exhibit A, Scope of Work,which
is attached hereto and incorporated into this Agreement as though fully set forth herein.
The Consultant shall perform all work described in this Agreement in accordance with the latest edition and
amendments to local and state regulations, guidelines and policies.
The Consultant shall prepare such information and studies as it may deem pertinent and necessary, in order to pass
judgment in a sound engineering manner on the features of the work. The Consultant shall make such minor
changes, amendments or revisions in the detail of the work as may be required by the City. This item does not
constitute an "Extra Work" item as related in Section VIII of the Agreement.
The work shall be verified for accuracy by a complete check by the Consultant. The Consultant will be held
responsible for the accuracy of the work, even though the work has been accepted by the City.
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II
DESIGN CRITERIA
The City will designate the basic premises and criteria for the work needed. Reports and plans,to the extent feasible,
shall be developed in accordance with the latest edition and amendments of local and State regulations, guidelines,
and specifications,including,but not limited to the following:
1. Washington State Department of Transportation/American Public Works Association(WSDOT/APWA),
"Standard Specifications for Road,Bridge, and Municipal Construction," as amended by Renton Standard
Specification.
2. WSDOT/APWA, "Standard Plans for Road, Bridge and Municipal Construction."
3. Washington State Department of Transportation, "Highway Design Manual."
4. American Association of State Highway and Transportation Officials, "Standard Specifications for
Highway Bridges."
5. Washington State Department of Transportation, 'Bridge Design Manual,Volumes 1 and 2."
6. Washington State Department of Transportation, "Manual of Highways Hydraulics," except hydrologic
analysis as described in item 14.
7. Washington State Department of Transportation, "Materials Laboratory Outline."
8. Transportation Research Board, "Highway Capacity Manual."
9. U.S.Department of Transportation,Federal Highway Administration, "Manual on Uniform Traffic
Control Devices for Streets and Highways."
10. Washington State Department of Transportation, "Construction Manual."
11. Washington State Department of Transportation, "Local Agency Guidelines."
12. Standard drawings prepared by the City and furnished to the Consultant shall be used as a guide in all
cases where they fit design conditions. Renton Design Standards, and Renton Specifications shall be
used as they pertain.
13. Metro Transit, design criteria.
14. King County Surface Water Design Manual, Sections 1.2 and 1.3 of Chapter 1, and Chapters 3,4,
and 5.
15. American Association of State Highway and Transportation Officials, "A Policy on Geometric Design of
Highways and Streets."
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III
ITEMS TO BE FURNISHED TO THE CONSULTANT
BY THE CITY
The City will furnish the Consultant copies of documents which are available to the City that will facilitate the
preparation of the plans, studies, specifications, and estimates within the limits of the assigned work.
All other records needed for the study must be obtained by the Consultant. The Consultant will coordinate with other
available sources to obtain data or records available to those agencies. The Consultant shall be responsible for this
and any other data collection to the extent provided for in the Scope of Work. City will provide to Consultant all
data in City's possession relating to Consultants services on the project. Consultant will reasonably rely upon the
accuracy,timeliness,and completeness of the information provided by the City. Should field studies be needed,the
Consultant will perform such work to the extent provided for in the Scope of Work. The City will not be obligated to
perform any such field studies.
IV
OWNERSHIP OF PRODUCTS AND
DOCUMENTS TO BE FURNISHED BY THE CONSULTANT
Documents,exhibits or other presentations for the work covered by this Agreement shall be furnished by the
Consultant to the City upon completion of the various phases of the work. All such material, including working
documents,notes,maps,drawings,photo,photographic negatives, etc. used in the project, shall become and remain
the property of the City and may be used by it without restriction. Any use of such documents by the City not
directly related to the project pursuant to which the documents were prepared by the Consultant shall be without any
liability whatsoever to the Consultant.
All written documents and products shall be printed on recycled paper when practicable. Use of the chasing-arrow
symbol identifying the recycled content of the paper shall be used whenever practicable. All documents will be
printed on both sides of the recycled paper,as feasible.
V
TIME OF BEGINNING AND COMPLETION
The work detailed in the Scope of Work will be performed according to Exhibit B,Time Schedule of Completion,
attached hereto and incorporated herein as though fully set forth. It is agreed that all the Consultant's services are to
be completed and all products shall be delivered by the Consultant unless there are delays due to factors that are
beyond the control of the Consultant. The Consultant shall not begin work under the terms of this Agreement until
authorized in writing by the City. If, after receiving Notice to Proceed, the Consultant is delayed in the performance
of its services by factors that are beyond its control,the Consultant shall notify the City of the delay and shall prepare
a revised estimate of the time and cost needed to complete the Project and submit the revision to the City for its
approval. Time schedules are subject to mutual agreement for any revision unless specifically described as
otherwise herein.
Delays attributable to or caused by one of the parties hereto amounting to 30 days or more affecting the completion
of the work may be considered a cause for renegotiation or termination of this Agreement by the other party.
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VI
PAYMENT
The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided
hereinafter as specified in Exhibit C,Cost Estimate. Such payment shall be full compensation for work performed or
services rendered and for all labor,materials, supplies,equipment, and incidentals necessary to complete the work.
All billings for compensation for work performed under this Agreement will list actual time(days and/or hours)and
dates during which the work was performed and the compensation shall be figured using the rates in Exhibit C.
Payment for this work shall not exceed$36,040 without a written amendment to this contract,agreed to and signed
by both parties.
Cost Plus Net Fee
Payment for work accomplished shall be on the basis of the Consultant's actual cost plus a net fee. The actual cost
includes direct salary cost,overhead, and direct non-salary cost.
1. The direct salary cost is the salary expense for professional and technical personnel and principals for the
time they are productively engaged in the work necessary to fulfill the terms of this Agreement. The
direct salary costs are set forth in the attached Exhibit C and by this reference made a part of this
Agreement.
2. The overhead costs as identified on Exhibit C are determined as 151.20 percent of the direct salary cost
and by this reference made a part of this Agreement. The overhead cost rate is an estimate based on
currently available accounting information and shall be used for all progress payments over the period of
the contract.
3. The direct non-salary costs are those costs directly incurred in fulfilling the terms of this Agreement,
including,but not limited to travel,reproduction,telephone, supplies,and fees of outside consultants.
The direct non-salary costs are specified in Exhibit C, Cost Estimate. Billings for any direct non-salary
costs shall be supported by copies of original bills or invoices. Reimbursement for outside consultants
and services shall be on the basis of times the invoiced amount.
4. The net fee,which represents the Consultants profit shall be 12 percent of direct salary plus overhead
costs. This fee is based on the Scope of Work and the estimated labor hours therein. In the event a
supplemental agreement is entered into for additional work by the Consultant,the supplemental
agreement will include provision for the added costs and an appropriate additional fee. The net fee will
be prorated and paid monthly in proportion to the percentage of the project completed as estimated in the
Consultant's monthly progress reports and approved by the City. Any portion of the net fee not
previously paid in the monthly payments shall be included in the final payment, subject to the provisions
of Section XI entitled TERMINATION OF AGREEMENT.
5. Progress payments may be claimed monthly for direct costs actually incurred to date as supported by
detailed statements, for overhead costs and for a proportionate amount of the net fee payable to the
Consultant based on the estimated percentage of the completion of the services to date. Final payment of
any balance due the Consultant of the gross amount earned will be made promptly upon its verification by
the City after completion and acceptance by the City of the work under this Agreement. Acceptance,by
the Consultant of final payment shall constitute full and final satisfaction of all amounts due or claimed to
be due.
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Payment for extra work performed under this Agreement shall be paid as agreed to by the parties hereto in writing at
the time extra work is authorized. (Section VIII "EXTRA WORK").
A short narrative progress report shall accompany each voucher for progress payment. The report shall include
discussion of any problems and potential causes for delay.
To provide a means of verifying the invoiced salary costs for consultant employees,the City may conduct employee
interviews.
Acceptance of such final payment by the Consultant shall constitute a release of all claims of any nature,related to
this Agreement,which the Consultant may have against the City unless such claims are specifically reserved in
writing and transmitted to the City by the Consultant prior to its acceptance. Said final payment shall not,however,
be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with
respect to such claims.
The Consultant and its subconsultants shall keep available for inspection,by the City, for a period of three years after
final payment,the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon,
these records. If any litigation,claim or audit is started before the expiration of the three-year retention period,the
records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The
three-year retention period starts when the Consultant receives final payment.
VII
CHANGES IN WORK
The Consultant shall make all such revisions and changes in the completed work of this Agreement as are necessary
to correct errors appearing therein,when required to do so by the City,without additional compensation.
Should the City find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof revised,the Consultant shall make such revisions,if requested and as directed by the City in writing. This
work shall be considered as Extra Work and will be paid for as provided in Section VIII.
VIII
EXTRA WORK
The City may desire to have the Consultant perform work or render services in connection with the Project in
addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be
considered as Extra Work and will be specified in a written supplement which will set forth the nature and scope
thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to
whether work is Extra Work or work already covered under this Agreement shall be resolved before the work is
undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim
by the Consultant for compensation as Extra Work.
IX
EMPLOYMENT
The Consultant warrants that it has not employed or retained any company or person,other than a bona fide
employee working solely for the Consultant,to solicit or secure this contract and that he has not paid or agreed to
pay any company or person,other than a bona fide employee working solely for the Consultant, any fee,
commission,percentage,brokerage fee, gifts or any other consideration, contingent upon or resulting from the award
or making of this contract. For breach or violation of this warranty,the City shall have the right to annul this
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Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise
recover,the full amount of such fee, commission,percentage,brokerage fee, gift or contingent fee.
Any and all employees of the Consultant,while engaged in the performance of any work or services required by the
Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City and any
and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees,while so
engaged and any and all claims made by a third party as a consequence of any negligent act or omission on the part
of the Consultant's employees,while so engaged on any of the work or services provided to be rendered herein, shall
be the sole obligation and responsibility of the Consultant.
The Consultant shall not engage,on a full or part-time basis,or other basis,during the period of the contract, any
professional or technical personnel who are, or have been at any time during the period of this contract,in the
employ of the City except regularly retired employees,without written consent of the City.
If during the time period of this Agreement,the Consultant finds it necessary to increase its professional,technical,
or clerical staff as a result of this work,the Consultant will actively solicit minorities through their advertisement and
interview process.
X
NONDISCRIMINATION
The Consultant agrees not to discriminate against any client, employee or applicant for employment or for services
because of race, creed, color,national origin,marital status, sex, age or handicap except for a bona fide occupational
qualification with regard to,but not limited to the following: employment upgrading; demotion or transfer;
recruitment or any recruitment advertising; layoff or termination's;rates of pay or other forms of compensation;
selection for training;rendition of services. The Consultant understands and agrees that if it violates this Non-
Discrimination provision,this Agreement may be terminated by the City and further that the Consultant shall be
barred from performing any services for the City now or in the future,unless a showing is made satisfactory to the
City that discriminatory practices have terminated and that recurrence of such action is unlikely.
XI
TERMINATION OF AGREEMENT
A. The City reserves the right to terminate this Agreement at any time upon not less than ten(10)days
written notice to the Consultant, subject to the City's obligation to pay Consultant in accordance with
subparagraphs C and D below.
B. In the event of the death of a member,partner or officer of the Consultant, or any of its supervisory
personnel assigned to the project,the surviving members of the Consultant hereby agree to complete the
work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar
to renegotiations of this Agreement between surviving members of the Consultant and the City,if the
City so chooses.
In the event of the death of any of the parties listed in the previous paragraph, should the surviving
members of the Consultant,with the City's concurrence, desire to terminate this Agreement,payment
shall be made as set forth in Subsection C of this section.
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C. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a
final payment shall be made to the Consultant for actual cost for the work complete at the time of
termination of the Agreement,plus the following described portion of the net fee. The portion of the net
fee for which the Consultant shall be paid shall be the same ratio to the total net fee as the work complete
is to the total work required by the Agreement. In addition,the Consultant shall be paid on the same
basis as above for any authorized extra work completed. No payment shall be made for any work
completed after ten(10)days following receipt by the Consultant of the Notice to Terminate. If the
accumulated payment made to the Consultant prior to Notice of Termination exceeds the total amount
that would be due as set forth herein above,then no final payment shall be due and the Consultant shall
immediately reimburse the City for any excess paid.
D. In the event the services of the Consultant are terminated by the City for fault on the part of the
Consultant,the above stated formula for payment shall not apply. In such an event the amount to be paid
shall be determined by the City with consideration given to the actual costs incurred by the Consultant in
performing the work to the date of termination, the amount of work originally required which was
satisfactorily completed to date of termination,whether that work is in a form or of a type which is usable
to the City at the time of termination,the cost to the City of employing another firm to complete the work
required and the time which may be required to do so, and other factors which affect the value to the City
of the work performed at the time of termination. Under no circumstances shall payment made under this
subsection exceed the amount which would have been made if the formula set forth in subsection C
above had been applied.
E. In the event this Agreement is terminated prior to completion of the work,the original copies of all
Engineering plans,reports and documents prepared by the Consultant prior to termination shall become
the property of the City for its use without restriction. Such unrestricted use not occurring as a part of
this project, shall be without liability or legal exposure to the Consultant.
F. Payment for any part of the work by the City shall not constitute a waiver by the City of any remedies of
any type it may have against the Consultant for any breach of this Agreement by the Consultant,or for
failure of the Consultant to perform work required of it by the City. Forbearance of any rights under the
Agreement will not constitute waiver of entitlement to exercise those rights with respect to any future act
or omission by the Consultant.
XII
DISPUTES
Any dispute concerning questions of facts in connection with work not disposed of by agreement between the
Consultant and the City shall be referred for determination to the Director of Planning/Building/Public Works or
his/her successors and delegees,whose decision in the matter shall be final and conclusive on the parties to this
Agreement.
In the event that either party is required to institute legal action or proceedings to enforce any of its rights in this
Agreement,both parties agree that any such action shall be brought in the Superior Court of the State of Washington,
situated in King County.
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XIII
LEGAL RELATIONS
The Consultant shall comply with all Federal Government, State and local laws and ordinances applicable to the
work to be done under this Agreement. This contract shall be interpreted and construed in accordance with the laws
of Washington.
The Consultant agrees to indemnify,defend and hold the City and its officers and employees harmless from and shall
process and defend at its own expense all claims, demands or suits at law or equity arising in whole or part from the
Consultant's errors,omissions,or negligent acts under this Agreement provided that nothing herein shall require the
Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based upon the
conduct of the City, its officers or employees and provided further that if the claims or suits are caused by or result
from the concurrent negligence of(a)the Consultant's agents or employees and(b)the City,its agents,officers and
employees,this provision with respect to claims or suits based upon such concurrent negligence shall be valid and
enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or
employees except as limited below.
The Consultant shall secure general liability,property damage, auto liability, and professional liability coverage in
the amount of$1.0 million,with a General Aggregate in the amount of$2 million,unless waived or reduced by the
City. The Consultant shall submit a completed City of Renton Insurance Information Form,and the Standard Acord
Certification Form prior to the execution of the contract. The City of Renton shall be named as an"additional
insured"on all contracts/projects. The Consultant shall also submit copies of the declarations pages of relevant
insurance policies to the City within 30 days of contract acceptance if requested. The Certification and Declaration
page(s) shall be in a form as approved by the City. If the City's Risk Manager has the Declaration page(s)on file
from a previous contract and no changes in insurance coverage has occurred,only the Certification Form will be
required.
The limits of said insurance shall not,however, limit the liability of Consultant hereunder.
All coverages provided by the Consultant shall be in a form, and underwritten by a company acceptable to the City.
The City will normally require carriers to have minimum A.M.Best rating of A XII. The Consultant shall keep all
required coverages in full force and effect during the life of this project,and a minimum of forty five days'notice
shall be given to the City prior to the cancellation of any policy.
The Consultant shall verify,when submitting first payment invoice and annually thereafter,possession of a current
City of Renton business license while conducting work for the City. The Consultant shall require, and provide
verification upon request,that all subconsultants participating in a City project possess a current City of Renton
business license. The Consultant shall provide, and obtain City approval of, a traffic control plan prior to conducting
work in City right-of-way.
The Consultant's relation to the City shall be at all times as an independent contractor.
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XIV
SUBLETTING OR ASSIGNING OF CONTRACTS
The Consultant shall not sublet or assign any of the work covered by this Agreement without the express consent of
the City.
XV
ENDORSEMENT OF PLANS
The Consultant shall place their certification on all plans, specifications,estimates or any other engineering data
furnished by them in accordance with RCW 18.43.070.
XVI
COMPLETE AGREEMENT
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. Any supplements to this Agreement will be in writing and executed and will become part of this Agreement.
No agent,or representative of either party has authority to make, and the parties shall not be bound by or be liable
for,any statement,representation,promise, or agreement not set forth herein. No changes,amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment
to this Agreement.
The invalidity or unenforceability of any provision in this Agreement shall not affect the other provisions hereof, and
this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted.
XVII
EXECUTION AND ACCEPTANCE
This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an
original having identical legal effect. The Consultant does hereby ratify and adopt all statements,representations,
warranties,covenants, and agreements contained in the Request for Qualifications, and the supporting materials
submitted by the Consultant,and does hereby accept the Agreement and agrees to all of the terms and conditions
thereof.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above
written.
CONSULTANT CI 'NTON
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Exhibit A
Scope of Services
City of Renton
Elliott Bridge Sewer
GENERAL
The purpose of this project is to analyze alternatives and develop a preferred route for a
conveyance sewer crossing the Cedar River at 154th Place SE over a new bridge(Elliott
Bridge) and roadway proposed for that site. The bridge and adjacent roadway designs
have been nearly completed. Project length is approximately 616 meters (20001f). The
final design for the sewer will be integrated into the existing design and construction
documents. The schedule for completion of this design work will be matched to the
schedule for permitting and advertisement of the overall project work.
TASK 100—PROJECT MANAGEMENT AND COORDINATION
This task is for general coordination for the project, including correspondence,plan
review/discussion meetings,in-house quality assurance,project scheduling and labor
assignment, and other administrative tasks. PACE will also prepare monthly invoices for
work performed during the previous month. Included with the invoices will be pertinent
backup materials and progress reports.
Consultant Responsibilities:
1. Provide monthly progress reports including a summary of each task status, a
discussion of potential problems or items out side of the scope, and a discussion
of the status of schedule and budget for each task.
2. Provide a project schedule showing key tasks and milestones.
3. Coordinate planning and design efforts with King County Department of
Transportation.
City Responsibilities:
1. Review and comment on scope and proposal
2. Provide point of contact and comment and review of all information provided.
Assumptions:
I. Invoices will be prepared monthly.
2. Invoices will be include itemized list of project staff, hours,rates, and detailed
expenses.
3. Backup information for invoices will not be required.
4. Schedule will be evaluated monthly and updates will be prepared as appropriate.
Work Products:
1. Monthly invoices.
2. Monthly progress reports
3. Schedule updates as appropriate.
4. Meeting minutes for all meetings attended by PACE, except for construction
meetings.
TASK 200—DATA GATHERING
This task includes obtaining existing background data and existing electronic files for
analysis and design purposes.
Consultant Responsibilities:
1. Identify and contact available sources of information.
2. Evaluate data and highlight and resolve deficiencies or questions.
City Responsibilities:
1. Provide available data as requested.
2. Assist in obtaining or authorizing data collection from other agencies.
Assumptions:
1. Adequate geotechnical and utility information exists without further field
exploration and will be made available to the design team.
Work Products:
1. File of collected data will be distributed or retained by Consultant as directed by
City.
TASK 300—PERMIT ASSISTANCE
This task includes providing information and recommendations as appropriate during the
permit process.
Consultant Responsibilities:
1. Provide assistance during the permit process for issues related to the proposed
sewer.
City Responsibilities:
1. Review and comment on permit information forwarded to others.
Assumptions:
1. No separate permit will be required because of the addition of the sewer piping to
the existing roadway/bridge construction contract.
Work Products:
1. File of available data to be distributed or retained by Consultant at the direction of
the City.
TASK 400—SURVEY
This task includes providing limited field survey time to confirm existing piping and
structure locations.
Consultant Responsibilities:
1. Provide field survey crews and equipment as appropriate for limited checking of
field conditions.
City Responsibilities:
1. Acquire or confirm right-of-entry if any of the work is on private property.
Assumptions:
1. Existing survey information will be available both electronically and in hard copy
and will be provided by King County or through the City of Renton.
2. Existing features will provide sufficient local horizontal and vertical control for
design and construction purposes.No separate horizontal or vertical control will
be developed for the work.
Work Products:
1. Confirmed elevations and dimensions.
TASK 500—ALTERNATIVE ANALYSIS
This task includes developing a brief comparison of alternative routing of the proposed
sewer segment south of the bridge structure such that an optimum route can be selected.
Consultant Responsibilities:
1. Identify and conceptually develop up to three alternative routes for the pipe.
2. Provide sketches, calculations,criteria matrix, and cost estimate for each.
City Responsibilities:
1. Determine pipe sizes, lateral connection requirements, and minimum slope and
installation criteria in support of analysis.
2. Select preferred route and arrangement.
Assumptions:
1. No land use or system hydraulic analysis will be required for pipe size/depth
determination. The City of Renton will provide sewer size and capacity values.
Work Products:
1. Letter report detailing analysis and providing recommendation for pipe route.
TASK 600—FINAL DESIGN
This task includes preparation of construction plans and specifications for the sewer in a
format that makes them suitable for incorporation into the overall construction
contract(s).
Consultant Responsibilities:
1. Provide 60%, 90% and final construction drawings for the sewer and
appurtenances. Include specific details and notes and coordinate their insertion
onto other discipline drawings.
2. Incorporate appropriate review comments into the drawings.
3. Provide 60%, 90% and final specifications for the sewer in WSDOT/APWA
format. Provide wording and coordinate insertion into other discipline
specifications.
4. Incorporate appropriate review comments into the specifications.
5. Provide 60% and final estimate of sewer probable cost.
6. Coordinate plan,profile, and detail sheets with King County Department of
Transportation.
City Responsibilities:
1. Provide or assist in the provision of border and title blocks for design.
2. Select sewer sizes,minimum slopes, and lateral connections for proposed sewer.
Assumptions:
1. Work will be done in AutoCAD 2000 format.
2. The project will be completed in the metric system to match the existing design.
Work Products:
1. 3 copies of full-size for city review and the King County required number of full
and half-size copies of the 60%design documents in hard copy for review.
2. 3 copies of full-size for City review and the King County required number of 90%
design documents in hard copy for review.
3. 1 copy of full size and 1 copy of%2-size final drawings in reproducible format and
1 electronic copy of drawings and specifications.
TASK 700—BID PERIOD ASSISTANCE
This task includes assistance with contractor questions during the bid process and
assistance with bid review.
Consultant Responsibilities:
1. Provide bid assistance.
City Responsibilities:
1. Coordinate advertisement and receipt of bids with King County.
2. Determine responsiveness criteria for sewer line work.
Work Products:
1. Qualified contractor to complete sewer construction.
TASK 800—CONSTRUCTION PERIOD ASSISTANCE
This task includes providing shop drawing review and recommendation and site visits
during construction as appropriate.
Consultant Responsibilities:
1. Provide shop drawing review for sewer pipe and appurtenances and
recommendation.
2. Provide experienced staff for site visits and observation.
City Responsibilities:
1. Coordinate inspection and document distribution with King County.
Assumptions:
1. Regular inspection or construction observation will be provided by others.
2. Site visits will be limited to two.
Work Products:
1. Report of site visits.
TASK goo—COMMISSIONING AND STARTUP
This task includes final inspection and punch list development.
Consultant Responsibilities:
1. Provide final inspection and punch list development.
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COST PLUS NET FEE DETERMINATION
DIRECT SALARY COST: Hourly Rates of Pay
Personnel
Principal Engineer $125
Chief Engineer $113
Engineer $73
Surveyor $104
Surveyor $88
Planner N/A
Bookkeeper N/A
Executive Secretary N/A
CADD Operator/Drafter $73
Clerical $40
Net Fee 12%of direct salary cost plus overhead
DIRECT NON-SALARY COST:
Travel and Per Diem
Cars at$0.35 /mile
Per Diem N/A
Office and Equipment
Computer$N/A
Reproduction Expenses @ Lump Sum ..................................................................$ 750.00
Communications.......................................................................................................$N/A
H:\DIVISIONS\UTILITIE.S\WASTE.WTR\Elliott Bridge\Pace Contract.doc\mab I Iza/Data_Center/Forms/City/Contracts
/2000 Consultant.doc bb
EXHIBIT C (cont.)
SUMMARY OF FEE FOR ENGINEERING SERVICES
BREAKDOWN OF OVERHEAD COST
ProfitSharing........................................................................................................... 4.1 %
FICA......................................................................................................................... 15.6%
Unemployment Compensation................................................................................. 0.0 %
Medical Aid and Industrial Insurance...................................................................... 0.1 %
Company Insurance and Medical............................................................................. 10.5 %
Vacation,Holiday and Sick Leave........................................................................... 23.9%
State B &O Tax&Other Business Tax.................................................................. 5.3 %
Insurance.................................................................................................................. 3.5 %
Administration and Time Unassignable................................................................... 47.3 %
Printing, Stationery and Supplies............................................................................. 6.0%
TravelNot Assignable.............................................................................................. 1_1 %
Telephone and Telegraph Not Assignable............................................................... 1.4%
Fees,Dues,Professional Meetings........................................................................... 1.2%
Utilities and Maintenance......................................................................................... 0.2 %
Rent 21.8 %
.....................................................................................................
RentalEquipment..................................................................................................... 0.0 %
Office Miscellaneous,Postage................................................................................. 6.3 %
ProfessionalServices............................................................................................... 2.7 %
TOTAL 151.0 %
SUMMARY OF COSTS
Name of Project: Elliott Bridge Coordination
Direct Salary Cost $12,552
..............................................................................................................................
Overhead Cost(including
payrolladditives.................................................................................. 151.0% $18,956
Sub-Total $31,508
Net Fee 12% $3,781
............................................................................................................
Direct Non-Salary Costs:
a. Travel and per diem..............................................................N/A
b. Reproduction expenses.......................................................$ 750
c. Computer expense................................................................N/A
d. Outside consultants...............................................................N/A
e. Other(specify) N/A
Total $ 750
Sub Total $ 750
GRAND TOTAL $36,040
H:\DIVISION.S\UTILITIE.S\WASTE.WTR\Elliott Bridge\Pace Contract.doc\mab 12za/Data_Center/Forms/City/Contracts
/2000 Consultant.doc bh
RESOLUTION NO. 3229
CITY OF RENTON
SUMMARY OF FAIR PRACTICES POLICY
ADOPTED BY RESOLUTION NO. 3229
It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to
ensure equal employment opportunity to all persons without regard to race, color, national origin, ethnic
background, gender, marital status, religion, age or disability, when the City of Renton can reasonably
accommodate the disability, of employees and applicants for employment and fair, non-discriminatory
treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines:
(1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related
activities included recruitment, selection, promotion, demotion, training, retention and
separation are conducted in a manner which is based on job-related criteria which does not
discriminate against women, minorities and other protected classes. Human resources
decisions will be in accordance with individual performance, staffing requirements, governing
civil service rules,and labor contract agreements.
(2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will
cooperate fully with all organizations and commissions organized to promote fair practices
and equal opportunity in employment.
(3) AFFIRMATIVE ACTION PLAN - The City of Renton Affirmative Action Plan and Equal
Employment Program will be maintained and administered to facilitate equitable
representation with the City work force and to assure equal employment opportunity to all. It
shall be the responsibility of elected officials, the Mayor, the Affirmative Action Officer,
department administrators, managers, supervisors, Contract Compliance Officers and all
employees to carry out the policies, guidelines and corrective measures set forth in the
Affirmative Action Plan and Equal Employment Program.
(4) CONTRACTORS' OBLIGATIONS - Contractors, sub-contractors, consultants and
suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair
Practices and Non-discrimination policies set forth by the law and in the City's Affirmative
Action Plan and Equal Employment Program.
Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation
of the City, including bid calls, and shall be prominently displayed in appropriate city facilities.
CONCURRED IN by the City Council of the City of RENTON, Washington,this 7thday of October, 1996.
CITY OF RENTON: RENTON CITY COUNCIL:
W4; Council President
)ArEest-
City Cler
H:\DIVISION.S\UTILITIE.S\WASTE.WTR\Elliott Bridge\Pace Contract.doc\mab 13za/Data_Center/Forms/City/Contracts
/2000_Consultant.doc bb
��vlvrl'o,�
AFFIDAVIT OF COMPLIANCE
hereby confirms and declares that
(Name of contractor/subcontractor/consultant/supplier)
1. It is ?Ace_ 15 policy to offer equal
(Name of contractor/subcontractor/consultant/supplier)
opportunity to all qualified employees and applicants for employment without regard to
the race,creed, color, sex,national origin, age, disability or veteran status.
II. P A,C_E complies with all applicable federal,
(Name of contractor/subcontractor/consultant/supplier)
state and local laws governing non-discrimination in employment.
11. When applicable, ? AX-11 will seek out and
(Name of contractor/subcontractor/consultant/supplier)
negotiate with minority and women contractors for the award of
subcontracts.
/-\t� C , SYwWNDS, AFB
Print Agent/Representative's Name and Title
�C
Agent/Representative's Signature
Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier.
Include or attach this document(s)with the contract.
H:\DIVISIONS\UTILITIE.S\WASTE.WTR\Elliott Bridge\Pace Contract.doc\mab 14za/Data_Center/Forms/City/Contracts
/2000_Consultant.doc bh
CONAADDENDUM NO. 1 ` ` CAG-02-047 Adden #1-03
1 TANT AGREEMENT FOR PROFES4NAL
ENGINEERING SERVICES
for
Elliott Bridge Replacement Sanitary Sewer Coordination/Design
CoAG-02-047
D day of 2003,by and between the City of
This Addendum is made and entered into thi
s, ,
Renton,hereinafter called the"City", and Penhallegon Asso ates Consulting Engineers,Inc., whose address
is, 1601 Second Avenue, Suite 1000, Seattle,WA 98101, hereinafter called the"Consultant".
WITNESSETH THAT:
WHEREAS,the City engaged the services of the consultant under Engineering Consultant Agreement CAG-
02-047, dated March 29,2002 to provide engineering services necessary for the Elliott Bridge Replacement
Sanitary Sewer Coordination/Design and
WHEREAS,the City desires to complete the work associated with the Elliott Bridge Sanitary Sewer
Coordination/Design,and the City does not have sufficient qualified engineering employees to perform the
work within a reasonable time; and
WHEREAS,the City and consultant have determined that additional work to Perform Construction
Management,Prepare SEPA Documents,and perform additional design services for the Elliott Bridge
Replacement Sanitary Sewer Coordination/Design project, such additional work items and costs being shown
in the attachment to this Addendum No. 1.
NOW,THEREFORE, in accordance with Section VIII,Extra Work of the Master Agreement CAG-02-047,
dated March 29,2002,it is mutually agreed upon that Engineering Consultant Agreement CAG—02-047, is
amended to include the work and associated budget as follows:
1. The maximum amount payable for the additional work items defined in the attachment to this
addendum of this Contract Addendum#1 is$47,285.
2. The revised contract total payable for work on this contract addendum is increased from$36,040,to
$83,325,making a difference of$47,285.
All other provisions of Consultant Agreement CAG-02-047 dated March 29,2002 shall apply to this
addendum.
EXECUTION
IN WITNESS WHEREOF,the parties have executed this Addendum No. 1 to ENGINEERING
CONSULTANT AGREEMENT CAG-02-047, as of the day and year first above written.
CONSULTANT CIT OF RENTON
Signature Date J se Tanner,Mayor
Ani+Jr C. S`1 wto tJa 5
Type or Print Name Attest: / /
r- kP c y 0 ��C.C� � . �CJ�
Title Bonnie 1. Walton, City Clerk
Elliott_Bridge_Addenduml.doc Addendum/bh 12/99
Penhallegon Associates Consulting Engineers,Inc.
Engineering
Planning
Surveying
June 4, 2003
David Christensen
Wastewater Utility Supervisor
City of Renton Planning/Building/Public Works
Renton City Hall, 5th Floor
1055 South Grady Way
Renton WA 98055
Subject: Elliott Bridge Sewer
Proposal for Additional Work, Construction Observation
Dear Dave:
Our firm received notice to proceed with design for the subject project in April of 2002. Since
that time, it has been determined that additional work not described in the scope of work that
accompanies the contract is necessary to complete the project. The additional work is comprised
of three elements, Construction Period Services, Extra Work for Design Drawings and
Preparation of a Mitigated Determination of Non-Significance(DNS-M).
Construction Period Services
Our present contract with the City of Renton calls for our firm to provide plans, specifications
and an estimate for construction of a new sewer line that is to be included in King County's
Elliott Bridge Project. As you know, the Contract calls for "Regular inspection or construction
observation"to be provided by others.
It is our understanding that you would like to have Penhallegon Associates Consulting Engineers
(PACE) provide construction management along with construction observation for the project.
To that end, we are providing you with our understanding of the scope of work that is required to
complete this task. We anticipate that if our description of the scope meets your requirements,
the additional work will be incorporated into our present contract by means of an amendment.
Replacement of the Elliott Bridge is estimated to cost about 10 million dollars (construction
only). Construction cost for sewer installation is estimated to be $300,000 to $400,000. We
Federal Way Seattle Kirkland
253.568.6500 Symonds Consulting Engineers 425.827.2014
P:\P02\02838\Civi]\Admin\Const-Observ_Fee1&gd Second Avenue,Suite 1000•Seattle WA 98101-3511
P.206.441.1855•F206.448.7167
Portland 888.723.7853
Mr.David Christensen 02-838
City of Renton June 4,2003
Elliott Bridge Sewer Page 2 of 4
therefore expect that the construction schedule will be driven by the General Contractor and that
the sewer work will be accomplished by a utilities subcontractor who will also be installing the
storm drain and other underground utilities. We expect that utilities work will be sporadic and
dependent on the General Contractor's progress. We have attempted to account for the
intermittent progress of the work in our fee estimate but ask that provisions be made for an
adjustment in our fee should the schedule slip substantially from the anticipated 14 month
construction duration.
A 20 foot deep excavation will be required where the new sewer will connect to the existing
King County (METRO) sewer. We anticipate that poor soils and large amounts of groundwater
will be encountered in this area. We propose using HWA Geosciences as a subconsultant.
HWA would assist with evaluation of Contractor submittals for shoring and dewatering. Also,
they would help determine if conditions at the bottom of the trench are favorable for pipe
installation. We have attached a spreadsheet assembled by HWA that summarizes the effort that
they anticipate would be required to accomplish the work described above along with their
proposed fee.
Items to be included in our proposed scope of work are as follows:
• Regular visits to the job site to observe construction in progress.
• For each site visit while sewer construction is in progress, a report documenting the
Contractor's progress and any problems or unusual conditions encountered.
• Evaluation of subsurface soils to determine suitability for pipe laying.
• Lamping of sewer pipe to confirm proper alignment.
• Observation of hydrostatic testing of steel casing pipe, HDPE carrier pipe and buried
PVC sewer pipe.
• Minor redesign of sewer facilities as required to facilitate construction or adapt to field
conditions.
• Evaluation of contractor submittals including sewer pipe, casing pipe, manholes,
temporary shoring, drop connection and dewatering.
P:\P02\02838\Civil\Admin\Const-Observ—Fee.doc
Mr.David Christensen 02-838
City of Renton June 4,2003
Elliott Bridge Sewer Page 3 of 4
Assumptions:
• Due to the sporadic nature of the work, our inspector will be present only for major
elements of sewer installation.
• The Contractor will provide sufficient notice to the consultant such that the consultant
can be present for important elements of the work such as connection to the existing King
County manhole, pipe laying, casing pipe welding, placement of manholes and pulling
carrier pipe through the casing pipe.
• The Contractor will provide personnel and safety equipment to enable the consultant to
enter dry sewer manholes for Tamping. We will add this requirement to the
specifications. If the Contractor is not able to furnish these items, the necessary
equipment and personnel will be furnished by the City of Renton.
• We will provide redlined as-built drawings to the City at the conclusion of the project.
Please see the attached Project Budget Worksheet for a breakdown of the hours that we
anticipate will be required to accomplish the above-listed tasks.
Extra Work for Design Drawings
The design drawings for the sewer line have been completed to the 95% level. The critical
portion of the design is at the Elliott Bridge over the Cedar River. We are requesting that our
design fee be increased due to the following factors that were not fully understood at the time the
original proposal was prepared.
As designed, the bridge has a high point near the center. As the sewer line flows south under the
bridge, it must maintain minimum slope despite the adverse slope on the bridge deck. By
carefully coordinating with the bridge designer, we were able to shoehorn the sewer between the
bridge girders and the diagonal bracing between the girders. The available excess space between
the casing pipe and the bracing is minimal, on the order of 1/10th of a meter. These close
tolerances were not anticipated at the time that we prepared our fee estimate for the project,
necessitating the expenditure of time in excess of what we had anticipated.
Our Contract was written with the expectation that the required submittals would be made at
60%, 90% and 100% levels. In fact, ABKJ, the prime consultant for King County asked that we
prepare additional submittals. For example for the 90% submittal, we submitted our drawings to
ABKJ on November 25th, 2002. ABKJ reviewed the drawing and sent them back to us,
requesting a few additions and deletions. We made the requested changes and sent the drawings
back to ABKJ. We therefore made two 90% submittals. The process was repeated for the 95%
P:\P02\02838\Civi]\Admin\Const-Observ_Fee.doc
Mr.David Christensen 02-838
City of Renton June 4,2003
Elliott Bridge Sewer Page 4 of 4
submittal in January of this year. We anticipate that a similar process will occur during submittal
of the 100% drawings. We do not always agree with ABKFs comments but, to date, have
agreed to make the requested changes in order to foster a spirit of cooperation.
We have summarized the effort that we believe will be required to complete the design drawings
on the attached Project Budget Worksheet.
Preparation of a Mitigated Determination of Non-Significance(DNS-M).
The Elliott Bridge Sewer is to be installed concurrent with construction of the bridge. It had
been hoped that the SEPA process for the bridge would include sewer construction. Regrettably,
this will not be possible, therefore you have requested that PACE assist with preparation of a
DNS-M. The effort required for us to perform this task is detailed in the accompanying
spreadsheet. We have budgeted for 16 hours of Susan Boyd's time to supervise preparation of
the DNS-M.
Please call one of the undersigned if you have any questions.
Sincerely,
PENHALLEGON ASSOCIATES
CONSULTING ENGINEERS, INC
Brian Vanderburg,P.E. Gareth Grube
Senior Project Engineer Senior Project Manager
P:\P02\02838\CivilW dmin\Const-Observ_Fee.doc
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