HomeMy WebLinkAboutContract CAG-17-067
�.__.___
-;��gE$� „ti.:;2...
ss-m., �'� �f � � }'M1�,.8�9 � �€ �+d•i�:S�f
L+r�+��'•w`�Yad ! �m^'�+ _:%'`
PROFESSIONAL SERVICES CONTRACT AGREEMENT FOR
THE CEDAR RIVER TRAIL TIMBER TRESTLE BRIDGE ASSESSMENT
THIS AGREEMENT, dated � �� � � is by and between the City of Renton (the "City"),
a Washington municipal corp ration, and BergerABAM ("Consultant"), to provide professional :
structural assessment services for the timber trestle bridge at Maplewood Roadside Park. The
City and the Consultant are referred to collectively in this Agreement as the"Parties." Once fully
executed by the Parties,this Agreement is effective as of the date executed by both Parties.
1. Scope of Services: Consultant agrees to provide all material and labor necessary to
perform all work as specified in Attachment 'A', which is attached and incorporated
herein.The Scope of Services may hereinafter be referred to as the"Services."
2. Chan�es in Scope of Services: The City, without invalidating this Agreement, may order
changes to the Scope of Services consisting of additions, deletions or modifications, the
Compensation being adjusted accordingly consistent with the rates set forth in
' Attachment'A',or as otherwise mutually agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Attachment `A'. All Services shall be performed
� by no later than June 30, 2017.
4. Compensation:
A. Amount. Total compensation to Consultant for Services provided pursuant to this
Agreement shall not exceed $13,500.00, plus any applicable state and local sales
taxes. Compensation shall be paid based upon Services actually performed according
to the rate(s)or amounts specified in Attachment'A'.The Consultant agrees that any
hourly or flat rate charged by it for its Services shall remain locked at the negotiated
rate(s) unless otherwise provided in Attachment 'A'. Except as specifically provided
in this Agreement, the Consultant shall be solely responsible for the payment of any
taxes imposed by any jurisdiction or authority as a result of the performance and
payment of this Agreement.
B. Method of Pavment. On a monthly or no less than quarterly basis, the Consultant
shall submit a voucher or invoice in the form specified by the City, including a
description of what Services have been performed, the name of the personnel
performing such Services, and any hourly labor charge rate for such personnel. The
Page 1 of 9
I
Consultant shall also submit a final bill upon completion of all Services. Payment shall
be made on a monthly basis by the City only after the Services have been performed
, and within thirty(30)calendar days after receipt and approval bythe appropriate City
representative of the voucher or invoice. If the Services do not meet the requirements
of this Agreement,the Consultant will correct or modify the work to comply with the
Agreement. The City may withhold payment for such work until the work meets the
Agreement requirements.
' C. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
� payment under this Agreement for any future fiscal period, the City shall not be
j obligated to make payments for Services or arnounts incurred after the end of the
' current fiscal period, and this Agreement will terminate upon ,the completion of all
remaining Services for which funds are allocated. No penalty or expense shall accrue
to the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving thirty (30) calendar days' notice to the Consultant in writing. In the
event of such termination or suspension, all finished or unfinished documents, data,
studies, worksheets, models and reports, or other material prepared by the
Consultant pursuant to this Agreement shall be submitted to the City, if any are
required as part of the Services.
� B. In the event this Agreement is terminated by the City,the Consultant shall be entitled
' to payment for all hours worked to the effective date of termination,less all payments
previously made. This provision shall not prevent the City from seeking any legal
� remedies it may have for the violation or nonperformance of any of the provisions of
this Agreement and such charges due to the City shall be deducted from the final
payment due the Consultant. No payment shall be made by the City for any expenses
incurred or work done following the effective date of termination unless authorized
in advance in writing by the City.
C. The Consultant reserves the right to terminate this Agreement with not less than sixty
(60) calendar days' written notice, or in the event outstanding invoices are not paid
within thirty(30)calendar days.
D. If the Consultant is unavailable to perform the Services, the City may, at its option,
cancel this Agreement immediately.
6. Warranties And Ri�ht To Use Work Product: Consultant represents and warrants that
, Consultant will perform all Services identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
and laws. Consultant further represents and warrants that all final work product that is
created for and delivered to the City pursuant to this Agreement shall be the original work
of the Consultant for which Consultant holds the title and intellectual property
' Page 2 of 9
rights. Consultant grants to the City a non-exclusive, perpetual right and-license to use,
reproduce, distribute, adapt, modify, and display all such final work product.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Services provided in the
performance of this Agreement. The Consultant agrees to provide access to and copies
of any records related to this Agreement as required by the City to audit expenditures
and char es and or to com I with the Washin ton Sta e Public Records Act Cha ter
I g / PY g t � p
42.56 RCW).
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act,Consultant shall make a due diligent search �
of all records in its possession, including, but not limited to, e-mail, correspondence,
notes, saved telephone messages, recordings, photos, or drawings and provide them to
the City for prod�ction. In the event Consultant believes said records need to be
protected from disclosure, it shall, at Consultant's own expense, seek judicial protection.
. _ Consultant shall indemnify, defend, and hold harmless the City for all costs, including
` �att"orn�ys'�fees;attendant to any claim or litigation related to a Public Records Act request
for which Consultant has responsive records and for which Consultant has withheld
'� records or information contained therein, or not provided them to the City in a timely
manner. Consultant shall produce for distribution any and all records responsive to the
Public Records Act request in a timely manner, unless those records are protected by
court order.
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement. The nature of the relationship between the Consultant and the
City during the period of the Services shall be that of an independent contractor, not
employee. The Consultant, not the City, shall have the power to control and direct
the details, manner or means of Services. Specifically, but not by means of limitation,
the Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to publicized classes or
activities. Consultant shall retain the right to designate the means of performing the
Services covered by this agreement, and the Consultant shall be entitled to employ
other workers at such compensation and such other conditions as it may deem
proper, provided, however,that any contract so made by the Consultant is to be paid
by it alone, and that employing such workers, it is acting individually and not as an
agent for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Page 3 of 9
Program,or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual,the
Consultant agrees to notify the City and complete any required form if the Consultant
' retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant's failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend,and hold harmless
the City, its agents, attorneys, elected officials, employees, insurers, officers,
representatives, and volunteers from any and all claims, demands, actions, suits, causes
of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages,
liabilities, taxes, losses, fines, fees, penalties, expenses, attorney's or attorneys' fees,
costs, and/or litigation expenses to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or representatives, arising from,
resulting from, or in connection with this Agreement or the acts, errors or omissions of
the Consultant in performance of this Agreement, except f r that portion of the claims
caused by the City's sole negligence. ����16,��.E- ���
Should a court of competent jurisdiction determine that this agreement is subject to RCW �
4.24.115, (Validity of agreement to indemnify against �iability for negligence relative to
construction,alteration,improvement,etc.,of structure or improvement attached to real
estate...)then, in the event of liability for damages arising out of bodily injury to persons
or damag�s to property caused by or resulting from the concurrent negligence of the
Consultant and the City, its officers, officials, employees and volunteers, Consultant's
� liability shall be only to the extent of Consultant's negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant's waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification.The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City's Code of Ethics and state law,the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
' Agreement, or evaluating the Consultant's performance of the Services.
' 12. Citv of Renton Business License: The Consultant shall obtain a City of Renton
Business License prior to performing any Services and maintain the business license in
good standing throughout the term of this agreement with the City. More information
Page 4 of 9
I
regarding requirement to register with the State of Washington Department of Revenue
can be found on the web at:
http://dor.wa.gov/content/doingbusiness/registermvbusiness/
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Services delivered pursuant to this Agreement either directly or
iindirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per �
occurrence. "Professional Services", for the purpose of this section, shall mean any
Services provided by a licensed professional or those Services that require a
professional standard of care.
C. Workers'compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned,leased,hired or non-owned,leased,hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
limit, if there will be any use of Consultant's vehicles on the City's Premises by or on
behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City's insurance policies shall
° not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City's
recourse to any remedy available at law or in equity.
F. Subject to the City's review and acceptance, a certificate of insurance showing the ,
proper endorsements, shall be delivered to the City before performing the Services.
G. Consultant shall provide the City with written notice of any policy cancellation,within
� two (2)business days of their receipt of such notice. �
14. Delavs: Consultant is not responsible for delays caused by factors beyond the
Consultant's reasonable control. When such delays beyond the Consultant's reasonable ,
, occur, the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
� 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
', encumber any rights, duties or interests accruing from this Agreement without the i
written consent of the other. i
Page 5 of 9 �
16. Notices: Any notice required under this Agreement will be in writing,addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party),and given personally, by registered or certified mail, return receipt
, requested,byfacsimile or by nationally recognized overnight courierservice. Time period
', for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
� facsimile delivery will be deemed to have commenced on the first business day following
', transmission. Email and telephone may be used for purposes of administering the
' Agreement, but should not be used to give any formal notice required by the Agreement.
� City of Renton: Consultant:
�I
� Todd Black,ASLA Louis Klusmeyer, PE SE
1055 South Grady Way BergerABAM
Renton, WA 98057 333019th Ave S, Suite 300
Phone: (425)430-6571 Federal Way,WA 98134
tblack@rentonwa.gov Phone:206-431-2373
Fax: (425)430-6603 louis.klusmeyer@abam.com
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification,the Consultant agrees as follows:
A. Consultant, and Consultant's agents, employees, representatives, and volunteers
with regard to the Services performed or to be performed under this Agreement,shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment,the administration of the delivery of Services or any other benefits
under this Agreement,or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement's non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
Page 6 of 9
D. The Consultant is responsible to be aware of and in compliance with all federal,state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws and worker's
compensation.
18. Miscellaneous: The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant wili not be reimbursed for job related expenses.
C. Consultant shall furnish all tools and / or materials necessary to perform his / her
Services.
D. Except as otherwise provided in the Services, Consultant shall not be required to
provide tools and/or materials for the participants/students in classes provided as
Services.
E. In the event special training, licensing, or certification is required for Consultant to
provide Services he/she will acquire or maintain such at his/her own expense and,
if Consultant employs, sub-contracts, or otherwise assigns the responsibility to
perform the Services, said employee/sub-contractor/assignee will acquire and or
maintain such training, licensing, or certification.
F. This is a non-exclusive agreement and Consultant is free to provide his/her Services
� to other entities,so long as there is no interruption or interference with the provision
of Services called for in this Agreement.
G. Consultant is responsible for his / her own insurance, including, but not limited to
health insurance.
H. Consultant is responsible for his/her own Worker's Compensation coverage as well
as that for any persons employed by the Consultant.
19. Other Provisions:
A. Approval Authoritv. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Mana�ement. The City's contract manager is Todd Black,
ASLA. In providing Services, Consultant shall coordinate with the City's contract
manager or his/her designee. �
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for '�
Page 7 of 9
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced,the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant's employees shall perform the Services
in accordance with all applicable federal, state, county and city laws, codes and �
ordinances. �
F. Joint Draftin�Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the I
other as a result of the preparation, substitution, submission or other event of
negotiation,drafting or execution.
i
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce i
or interpret this Agreement or any of its terms or covenants shall be brought in the i
King County Superior Court for the State of Washington at the Maleng Regional Justice �
I
Center in Kent, King County,Washington, or its replacement or successor.
H. Severabilitv. A court of competent jurisdiction's determination that any provision or �
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
� �,.��ai�U-ti-��i�-f A���,;,2„�—T-�i��������«p#-cen�ai�s�be-ef'�tire-�gfeer-i�Ei'}�-9�t�e
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
1. Time is of the Essence.Time is of the essence of this Agreement and each and all of �
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Services is essential to the Consultant's performance of
this Agreement.
K. Third-Partv Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties,and all duties and responsibilities undertaken pursuant to this Agreement will �
be for the sole and exclusive benefit of the Parties and no one else.
L. Assigns and Successors.The Parties each bind themselves,their partners,successors,
, assigns, and legal representatives to the other party to this Agreement, and to the
; partners, successors, assigns, and legal representatives of such other party with
. respect to all covenants of the Agreement.
� M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's
failure to enforce any provision of this Agreement shall not be a waiver and shall not ii
I Page 8 of 9 I
i
�
prevent either the City or Consultant from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original,and all of which will together
constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON CONSULTANT
�
By: By:
Kelly Beyme Joseph Stockwelf, P.E.
Community Services Administrator Vice President
3` �1`� 2g r���ec� �or7
Date Date
Page 9 of 9
_-----�'`Rent`on �
� Attachment'A'
' Cedar River Trail Timber Trestle Bridge Assessment
Scope of Work
BergerABAM will provide professional structural assessment services for the timber
trestle bridge at Maplewood Roadside Park in Renton.
Payment will be on a Time and Materials Basis with a Not-to-Exceed Value of Thirteen
Thousand Five Hundred Dollars ($13,500.00), which includes WSST.
Reference BergerABAM's Proposal —Proposal for Professional Engineering Services—
Riverview Park Timber Approach Trestle Inspection, dated March 9, 2017.
I
I
li
��M BergerAl3AlVI 33301 Ninth Avenue 5outh,Suite 300,Federaf Way,Washington 98003-2600
I 206l431-2340 • 246/431-2250 Fax - www.abam.com
9 March 2017
Mr. Todd Black,ASLA
' Capital Project Coordinator
City of Renton,Parks Division
Renton City Hall,Sixth Floor
1055 South Grady Way
Renton,WA 98055
, Subject: Proposal for Professional Engineering Services
Riverview Park Timber Approach Trestle Inspection
Dear Mr.Black:
We are leased to have the o ortunit to assist ou in an ins ection of the timber approach trestle
P PP Y Y P
over the Cedar River just south of Riverview Park. A discussion of the proposed scope, schedule,
and fee follows.This letter proposal will serve as the basis for our agreement.
SCOPE OF SERVICES
We ro ose to ins ect the timber a roach trestle over the Cedar River, review the structures
p P P Pp
capacity for supporting H-10 trucks and ambulances, and provide a letter report summarizing our
findings to the City of Renton.The level of inspection will be suitable to detect gross defects and
obvious damage to the structures. We will restrict our inspection to determining a general level of
deterioration and restrict our analysis to the concrete deck panels and any deteriorated structural
members.The original structure was designed for railroad loading and can easily support the
current design loading unless there is significant deterioration.
Bridge and Trestle Inspection
The timber approach trestle structure can be inspected from the ground with the aid of ladders.
We propose to inspect all the stringers and bent members visually and by sounding them with a
hammer. Those members that are suspected to have damage will be drilled to determine if fungal
damage (dry rot)is present.A creosote-treated dowel will be inserted into the drilled hole to
prevent water and insect intrusion.The trestle's concrete deck panels will be inspected for damage
from above and below deck. Hand railing will be inspected visually for damaged or loose
connections.
We estimate that it will take two field days for a two-person crew to inspect the structure.
Letter Report
We will prepare a letter report that contains an executive summary;inspection procedure;
descriptions of the structures, including overall dimensions and type of construction; a description
Mr.Todd Black, ASLA
9 March 2017
Page 2
of what was found during the inspection;and a general condition assessment of each structure.
Photographs will be provided that depict the overall layout of the structure, typical member
conditions, and typical damage that is found.
There are no drawings of the original structure. Reduced-size copies of the drawings for
conversion of the structures into a trail, prepared in 1995, will be included in an appendix to the
report.
SCHEDULE
We estimate that the field investigation of the bridge will be performed within two weeks from
receiving the notice to proceed.Verbal reports on the condition of the bridge will be provided the
day after the inspection,and a draft report will be prepared for your review in approximately three
weeks of completing the field work.The final report will be provided within two weeks of
receiving your review comments.
FEE ESTIMATE
We propose to perform the work on a time-and-materials basis for an estimated fee of
$13,500(T`hirteen Thousand Five Hundred Dollars).Our detailed estimate and billing rates for
engineering services are as shown on the attached BergerABAM Standard Time and Expense
Charges. We will not exceed the authorized amount above without your prior approval.
If you agree with the above, please show your acceptance by signing both originals in the space
provided below.Please return one fully executed original to me and retain the other for your files.
We look forward to working with you on this project. Please call me at 206/431-2300 if you should
have any questions regarding this proposal.
Sincerely, ACCEPTED BY
, CITY OF RENTON, PARKS DIVISION
�-��f ._ '� -_';?�. _:.�_r,
Joseph Stockwell,PE
Vice President Signature
JAS:LAK:keh
Attachment Name (Printed)
BergerABAM Staff Hour and Expense
Summary
Title
Date
City of Renton
Community Services +�,������1�
Riverview Park Timber Approach Trestie Inspection �`'"'
BERGER/ABAM-STAFF HOUR SUMMARY Date:8 March 2017
I Principal Task Project Techl
Sr.Proj Mgr Proj.Mgr. Engineer Engineer Drafter AdminNVP
Item $200.00 5150.00 $120.00 5108.00 $108.00 $88.00 Totals
Contract Administration
Contract Administration 1 1 2 $526.00
Invoicin 2 1 $388.00
Field Work
Mob/Demob 6 6 $1,548.00
Timber Approach Trestle Inspection 4 18 18 $5,444.00
Re ort
Draft Re ort 4 20 2 2 $4,192.00
Final Report 2 3 1 $938.00
Total Hours: 11 50 24 2 6 93
LaborCost: $2,200 $7,500 $2,592 $216 $528 $13,036
(Note: Labor rates include overhead+profit)
Subtotal Labor $2,200 57,500 $2,592 $216 $528 $13,036
OtherExpenses:
Reproduction 2 $25/Each $50
FedEx 2 $25!Each $50
Local Travel-20 miles/ea way 160 $0.535/Mile $86
Misc inspection expenses 1 $160 I Each $160
Subtotal $346
10%Markup: $35
Total Expenses: $380
Subtotal Expenses and markup: 5380
TOTAL COST $13,416
Say, $13,500