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HomeMy WebLinkAboutContract CAG-15-165 vioisiooiDeratoin CONTRACT AGREEMENT THIS AGREEMENT is made as of the /0 day of , 2015, between the CITY OF RENTON, a non-charter code city organized under R 35A and State of Washington municipal corporation, hereinafter referred to as "CITY", and PACE Engineers, Incorporated , hereinafter referred to as "CONSULTANT," to provide professional land surveyor services at Parcel Numbers 3345100054, 3345100052, 3345100048, 3345100049 and a portion of the right-of- way along NE 33 Street in the City of Renton. The CITY and CONSULTANT agree to enter into this Contract Agreement as set forth below. 1. Scope of Services. The CONSULTANT will provide all material and labor necessary to perform all work described in the SCOPE OF WORK which is included with this Agreement as Attachment "A" for the Kenyon-Dobson site. 2. City Responsibility. The CITY will provide or coordinate access to the work site so that the work may be performed. 3. Consideration. The CITY agrees to pay the CONSULTANT the Contract Sum, in exchange for complete performance of the professional services referred to in this Agreement and as is detailed in Attachment A. Any conflict or ambiguity in terms of the CONTRACTOR'S expected performance shall be guided by the terms of the contract and construed in favor of the CITY. Payment for services shall be made by the CITY to the CONSULTANT for completed work on a time and material basis consistent with the attached estimate, upon completion of the contracted work. Such payment shall be the full compensation for work performed, services rendered, and for all labor, materials, supplies, equipment, incidentals, and incidental costs necessary to complete the work. 4. Contract Sum. The total amount of this Contract is $19,546.00 which includes Washington State sales tax. PACE Engineering,Inc. Contract Agreement 5. Changes in Scope of Services. The CITY, without invalidating the Contract, may order changes in the Scope of Services consisting of additions, deletions or modifications. The Contract Sum may be adjusted according to any reasonable additional cost or expense resulting from such changes. Such changes in the work shall be authorized by a written Change Order signed by the CITY and the CONSULTANT. The CONSULTANT shall not modify the Scope of Services, without forfeiting any unpaid fees due, unless the CONSULTANT has received prior written approval from the CITY. 6. Time of Performance. The CONSULTANT shall commence performance of the Contract no later than 30 calendar days after the Contract's final execution, and shall complete the full performance of the Contract by © _ ; _ - 1, 2015. • 7. Duration of this Agreement. This Agreement shall end at completion of the enclosed scope of services or when the Time of Performance expires, whichever is first. This Agreement may be extended only upon mutual written agreement of the CITY and the CONSULTANT. 8. Method of Payment. Payment by the CITY for the Services will only be made after the Services have been fully performed and an invoice is submitted in a form acceptable to the CITY. Payment will be based on the percent of work completed, compliance with the scope of services. Payment will be made in the next pay cycle of the Renton Finance and Information Technology Department after receipt of such voucher or invoice (pay cycles are bi-weekly). The CITY shall have the right to withhold payment to the CONSULTANT for any work not completed in a satisfactory manner until such time as the CONSULTANT modifies such work so that the same is satisfactory. If the work is not satisfactorily modified or is not in compliance with this Agreement, the CITY may withhold the entire payment, without penalty. 9. Employment. The CONSULTANT, or any employee, or any sub-consultant of the CONSULTANT is an independent contractor and is not an employee of the City of Renton. 10. Record Keeping and Reporting. The CONSULTANT shall maintain and provide to the CITY all records which properly reflect all direct and indirect costs expended and services provided in the performance of this Agreement. 11. Indemnity. 2 PACE Engineering,Inc. Contract Agreement The CONSULTANT shall indemnify and hold the CITY, its officers, employees, volunteers, agents and representative harmless from any and all claims, demands and/or actions based upon or arising out of errors, omissions and/or acts of negligence of the CONSULTANT or its associates, employees, sub-consultants or other agents while performing service under this Agreement. It is understood and agreed that the CONSULTANT'S general liability insurance policies defend, or shall be endorsed to defend the CITY from claims of bodily injury and or property damage, including claims from third parties, arising out of any acts of negligence of the CONSULTANT or its associates, employees, sub-contractors or other agents while performing services under this Agreement. It is specifically understood that the indemnification provided herein constitutes the consultant's waiver of immunity under the Industrial Insurance Act, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 12. Insurance. The CONSULTANT shall maintain in full force throughout the duration of this Agreement a policy of commercial general liability insurance (sometimes known as broad form comprehensive general liability insurance) insuring the CONSULTANT against liability for bodily injury, property damage (including loss of use of property) and personal injury or death arising out of the work, negligence, actions or inactions of the CONSULTANT, or the consultant's agents, employees, sub-consultants and invitees. The CONSULTANT shall name the CITY as an additional insured under such policy. The CONSULTANT shall provide the CITY with a 45-day notice of cancellation or non-renewal of insurance. The initial amount of such insurance shall be One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate and shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of the CITY'S professional insurance advisors and other relevant factors. The CONSULTANT shall also maintain in full force throughout the duration of this Agreement a policy of automobile liability insurance insuring the CONSULTANT against liability for bodily injury, property damage and personal injury or death arising out of the operation or use of a vehicle by the CONSULTANT'S employees, agents, sub-consultants and invitees in the work. The initial amount of such insurance shall be One Million Dollars ($1,000,000) per occurrence. The liability insurance obtained by the CONSULTANT under this Section 12 shall (i) be primary and non-contributing; (ii) contain cross-liability endorsements; and (iii) insure the CITY against Lessee's performance under Section 11 (Indemnity), if the matters giving rise to the indemnity under Section 11 result from the negligence of the CONSULTANT. The amount and coverage of such insurance shall not limit the CONSULTANT'S liability nor relieve the CONSULTANT of any other obligation under this Agreement. 3 PACE Engineering,Inc. Contract Agreement Professional liability insurance, in the minimum amount of$1,000,000 for each occurrence, shall also be secured for any professional services being provided to Renton that are excluded in the commercial general liability insurance. The CITY may also obtain comprehensive public liability insurance in an amount and with coverage determined by the CITY insuring the CITY against liability arising out of ownership, operation, use or occupancy of the Property. The policy obtained by the CITY shall not be contributory and shall not provide primary insurance. If the CONSULTANT requires any agent, sub-consultant, user or invitee to secure or maintain liability insurance related to alterations to or maintenance, operation, use or occupancy of the Property, the CONSULTANT shall require such liability insurance to include the CITY as an additional insured on such policies. Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. 13.Termination of Agreement. This Agreement may be terminated by either party upon ten (10) days written notice should the other party fail substantially to perform in accordance with this Agreement's terms through no fault of the other party, subject to the non-performing party curing any failure to perform within said ten (10) days. Should failure to perform be cured within ten (10) days, then this Agreement shall remain in full force and effect. In the event of termination, the CONSULTANT shall be paid for services performed up to the termination date and accepted as conforming work by the CITY, less any costs or expenses incurred by the CITY as a result of the CONSULTANT'S breach of the Agreement. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the CONSULTANT shall become the CITY'S property, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work completed on such documents and other materials, unless such documents or materials failed to conform to the Agreement. 14. Successors and Assigns. The CITY and the CONSULTANT each binds itself, its partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. 15. Non-Discrimination and Compliance with Applicable Federal, State and Local Laws. 4 PACE Engineering,Inc. Contract Agreement Except to the extent permitted by a bona fide occupational qualification, the CONSULTANT agrees as follows: The CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps or marital status. The CONSULTANT will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. The CONSULTANT will, in all solicitations for employee's job orders placed with any employment agency or other firm or agency, state that all qualified applicants will receive consideration for employment without regard for race, creed, color national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. The words "equal opportunity employer" in advertisements shall constitute compliance with this paragraph. The CONSULTANT will include the provisions of the foregoing paragraphs in every subcontract or purchase order for the goods or services which are subject matter of this contract. In the event of non-compliance by the CONSULTANT with any of the non-discrimination provisions of the contract, the Owner shall have the right, at its option, to cancel the contract in whole or in part, without penalty. If the Agreement is canceled based on non- compliance with this section of the Agreement (Section 15) after part performance, the CITY shall be obligated to pay the fair market value or the contract price, whichever is lower, for good or services which have been received and accepted. The CONSULTANT is solely responsible for knowledge of and compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws and worker's compensation. The CITY requires all businesses and individuals doing business in Renton to have and maintain a valid CITY of Renton business license. (For Renton licensing information call 425-430-6851). 16. Mediation. Mediation may precede arbitration by mutual consent of both parties. 17.Arbitration. 5 • PACE Engineering,Inc. Contract Agreement Arbitration of all questions of dispute under this Agreement may be at the choice of either party and shall be in accordance with the laws of the State of Washington. The results of arbitration shall be binding on both parties. Choice of Arbitrator shall be as follows: each party to choose one with the third choice by mutual agreement or, if unable to agree, chosen by a Superior Court Judge. Rules of arbitration: American Arbitration Association. All arbitrators shall be well-versed/trained and experience in design and construction issues. 18. Conflicts. In the event of any inconsistencies between CONSULTANT proposals and this Agreement, the City of Renton Agreement shall prevail. This Agreement is entered into as of the day and year written above. CONSULTANT CITY OF RENTON Dr=--aW c �---- Signature Signature Terry Higashiyama,Administrator David R. Fulton / Sr. Principal Surveyor Printed Name and Title Printed Name and Title PACF Fngineers, Inc. Business Name 11255 Kirkland Way, Suite 300 Mailing Address • Kirkland WA 98033 City State Zip 425-827-2914 Telephone 6 :x.11.. Attachment A—City of Renton Scope of Work Survey Services for the Kenyon-Dobson Property Parcel Numbers—3345100054, 3345100052, 3345100048, 3345100049, and NE 33 Street Right-of- way Project Understanding Survey the property boundary of the parcels listed above and according to the attached map. The property is referred as the Kenyon-Dobson property and is located approximately along Lincoln Drive NE and along 112th Place SE (114th Avenue SE) in the NE%,SE% of Section 32,Township 24 North, Range 5 East,Willamette Meridian. Survey and monument the property boundary of the parcels according to the yellow points indicated on the attached aerial photograph. Services to be Performed 1. Review legal descriptions of the property provided by the City. 2. Conduct research in public records for required survey information. 3. Review information gathered between the Project Manager,field crews and the City. 4. Make ties to the City of Renton Survey Control Network; can be by reference with two common monuments. 5. Locate and tie into the controlling monuments for the boundary. 6. Set property corners or recover existing corners of the parcel (see map). 7. Place Carsonite posts along City property boundary lines provided by City. 8. Locate and designate the street right-of-way(as part of#6). 9. Perform a site survey of the City-owned parcels to include the following: a. Provide site contours and show at 2-foot intervals. b. Location of and first floor elevations of existing house,garage, shed and spot elevations around these structures. c. Basement elevation of house. d. Location of well. e. Identify all easements and utility locations. f. Map and/or survey a 20-foot easement into the private parcel number 345100053, if none exists. g. Locate all trees with a diameter of six inches or greater(5.5= 6 inches) at 54 inches above the ground. 10. Identify boundary encroachments onto City property along boundary. 11. Check and reduce control traverse and data collection files. 12. Produce a Record of Survey drawing of the boundary that shows: a. Dimensions. b. Legal Descriptions. c. Controlling Monuments. d. All property corners set or recovered. e. Mapped Encroachments. f. Contours, easements, utilities, and trees. 13. Provide Project Manager with preliminary survey results prior to recording the Record of Survey. 14. The Record of Survey will be filed with King County Recorder. 15. Provide three (3) hard copies and electronic pdf files of all work to the City. Attn:Terry Flatley City of Renton Kenyon-Dobson Property Survey Cost Estimate 7/30/2015 page 1 of 1 Services to be Performed CADD SURVEY PLS Techn. CREW Cost 1. Review legal descriptions of the property provided by the City. 0.50 0.50 $145 2. Conduct research in public records for required survey information. 0.50 3.50 $490 4,. t •fie ` Mittiager. 5 antt andthe OW, . ,........f 1.00 s .' . .1,po,, 1.00 $488 4. Make ties to the City of Renton Survey Control Network;can be by reference with two common monuments. 1.00 1.00 4.00 $1,082 5. Locate and tie into the controlling monuments for the boundary. 1.00 2.00 16.00 $3,573 6. Set property corners or recover existing corners of the parcel(see map). 1.00 3.00 6.00 $1,708 1, Plar-etStfiOnte &.°, .o .. '. (: 3r 1,353 8. Locate and designate the street right-of-way(as part of#6). 2.00 4.00 4.00 $1,602 9. Perform a site survey of the City-owned parcels to include the following: 4.00 20.00 12.00 $5,376 a. Provide site contours and show at 2-foot intervals. b. Location of and first floor elevations of existing house,garage,shed and spot elevations around these structures. c. Basement elevation of house. d. Location of well. e. Identify all easements and utility locations(visible utilities only). f. Map and/or survey a 20-foot easement into the private parcel number 345100053,if none exists. g. Locate all trees with a diameter of six inches or greater(5.5=6 inches)at 54 inches above the ground. 10. Identify boundary encroachments onto City property along boundary. 2.00 3.00 3.00 $1,289 11. Check and reduce control traverse and data collection files. 12. Produce a Record of Survey drawing of the boundary that shows: 3.00 10.00 $1,675 a. Dimensions. b. Legal Descriptions. c. Controlling Monuments. d. All property corners set or recovered. e. Mapped Encroachments. f. Contours,easements,utilities,and trees. 13. Provide Project Manager with preliminary survey results prior to recording the Record of Survey. 1.00 1.00 $290 14. The Record of Survey will be filed with King County Recorder. 1.00 $175 15..:trovtiie thregi ,:. .covies apd, ectropi ofall to the1.00 1.00E.... $290 Total 20.00 50.00 52.00 $19,546 $175 $115 $198