Loading...
HomeMy WebLinkAboutContractAGREEMENT FOR COULON NORTH WATER WALK IMPROVEMENTS MATERIAL TESTING AND SPECIAL INSPECTION THIS AGREEMENT, dated for reference purposes only as ____________, 2022, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Otto Rosenau & Associates, Inc. (“Consultant”) a Washington Corporaton. 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 last date signed by both parties. 1.Scope of Work: Consultant agrees to provide material testing and special inspection services for the Coulon North Water Walk Improvements project, located at Gene Coulon Memorial Beach Park, 1201 Lake Washington Blvd N, Renton, WA as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2.Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit 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 Exhibit A. All Work shall be performed by no later than September 1, 2023. 4.Compensation: A.Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $19,980.10, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. CAG-22-341 October 17th PAGE 2 OF 10 B.Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C.Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D.Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5.Termination: A.The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B.In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. PAGE 3 OF 10 6.Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7.Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8.Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. PAGE 4 OF 10 9.Independent Contractor Relationship: A.The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B.The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C.If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10.Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the PAGE 5 OF 10 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 Work. 12.City of Renton Business License: Unless exempted by the Renton Municipal Code, the Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13.Insurance: Consultant shall secure and maintain: A.Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B.In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C.Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. PAGE 6 OF 10 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 Work. G.Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14.Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control 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 written consent of the other. 16.Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. 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 Betsy Severtsen 1055 South Grady Way Renton, WA 98057 CONSULTANT Jeff Rabe 6747 M.L. King Jr. Way South Seattle, WA 98118 PAGE 7 OF 10 Phone: (425) -757-6657 bsevertsen@rentonwa.gov Phone: (206) 725-4600 jeff@ottorosenau.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 Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B.The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C.If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D.The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18.Miscellaneous: The parties hereby acknowledge: A.The City is not responsible to train or provide training for Consultant. B.Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C.Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. PAGE 8 OF 10 D.In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E.This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F.Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G.Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19.Other Provisions: A.Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B.General Administration and Management. The City’s project manager is Betsy Severtsen, Capital Projects Coordinator. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C.Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D.Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E.Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. PAGE 9 OF 10 F.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H.Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I.Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J.Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K.Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L.Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M.Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreementshallnotbedeemedtobeawaiverofanypriororsubsequentbreachunlessitisexpresslywaivedinwriting.N.Counterparts.ThePartiesmayexecutethisAgreementinanynumberofcounterparts,eachofwhichshallconstituteanoriginal,andallof whichwilltogetherconstitutethisoneAgreement.INWITNESSWHEREOF,thePartieshavevoluntarilyenteredintothisAgreementasofthedatelastsignedbythePartiesbelow.CITYOFRENTONCONSULTANTBy:Keeym1By:P#ParksandRecreationAdministratorPresident____________10(kt)sDateDateApprovedastoLegalFormBy:____________________________ShaneMoloneyRentonCityAttorneyContractTemplateUpdated5/21/2021Cib10-07-22(2225)0PAGE10cr10(approved by Cheryl Beyer via email on 10/14/2022) OTTO ROSENAU & ASSOCIATES, INC. Geotechnical Engineering, Construction Inspection & Materials Testing 6747 M. L. King Jr. Way South, Seattle, Washington 98118-3216 USA Tel: (206) 725-4600 • Toll Free: (888) OTTO-4-US • Fax: (206) 723-2221 WBE W2F5913684 • WABO Registered Agency • Website: www.ottorosenau.com September 27, 2022 Proposal No.: 22-0855 Betsy Severtsen City of Renton Parks Planning & Natural Resources 1055 S Grady Way, 6th Floor Renton, WA 98057 Re: Construction Inspection and Materials Testing Services Gene Coulon North Water Walk Improvements 1201 Lake Washington Blvd. North, Renton, WA Dear Betsy Severtsen: Otto Rosenau & Associates, Inc. (ORA) is pleased to provide you and your firm with this proposal to provide special inspection and materials testing services in support of the referenced project. This proposal presents a project description, scope of work, and proposed fee. PROJECT DESCRIPTION: The project involves refurbishment and repair of an existing waterway walk. SCOPE OF WORK: The architect, civil engineer, structural engineer, and applicable building codes dictate which elements of the project require inspection or testing. Based on our understanding of your project, the anticipated scope of work for the testing and inspection services includes, but is not limited to, the following items: • Reinforced concrete (pile cap repairs) • Grout (leveling pads) • Precast concrete panel fabrication • Proprietary anchors • Structural steel fabrication (nondestructive testing of welds) • Structural steel erection • Nondestructive testing of welds (field) • Aluminum float fabrication ORA proposes to provide appropriately licensed and qualified engineers or inspectors to perform the inspection and testing tasks. The results of field tests and inspections will be communicated to the owner’s and contractor’s representative as soon as practical. Items that do not conform to the project specifications will be logged and tracked until corrective action is completed. Handwritten reports will be prepared and left on-site after each inspection. Typewritten reports will be distributed to the appropriate project team members and jurisdiction. PROPOSED FEE: Otto Rosenau and Associates, Inc. propose to provide the above described services on a unit fee basis where we will charge only for the services we perform. Our unit fees are presented on the attached Fee Schedule. Exhibit A Otto Rosenau & Associates, Incorporated Geotechnical Engineering, Construction Inspection & Materials Testing City of Renton Gene Coulon North Water Walk Improvements Proposal No.: 22-0855 September 27, 2022 Page 2 of 6 Based on our review of the project drawings and specifications dated July 18, 2022, and on our past experience on similar projects, we suggest a budget of $19,980.10 be established for the inspection and testing services. The actual total fee for inspection and testing services is dependent on the efficiency, performance, and schedule of the general contractor, subcontractors, and material suppliers. SCHEDULE: We are prepared to begin work on your project as required by the construction schedule. Appropriate personnel will be dispatched to the project on an on-call basis in response to requests from the authorized field representative. Though we may be able to respond to last minute or emergency calls for inspection, we request 48 hours’ notice for inspections. CLOSURE: Thank you for this opportunity to work with you on your project. If this proposal is accepted, please indicate so by signing and returning one copy to us via fax (206-723-2221), email (accounting@ottorosenau.com), or mail as an authorization to proceed. This proposal, including the proposed unit fees, is accepted by: Company Name Signature Date Printed Name and Title We look forward to working with you. If you have any questions, please contact us at (206) 725-4600. Very truly yours, OTTO ROSENAU & ASSOCIATES, INC. Jeffrey D. Rabe Project Manager JDR:clt Attachments: Estimated Budget Fee Schedule Terms Exhibit A Otto Rosenau & Associates, Incorporated Geotechnical Engineering, Construction Inspection & Materials Testing City of Renton Gene Coulon North Water Walk Improvements Proposal No.: 22-0855 September 27, 2022 Page 3 of 6 ESTIMATED BUDGET Description of Services Quantity Unit Fee Extension Reinforced Concrete Testing and Inspection (pile cap repairs; includes reinforcing steel inspections) - Assumes 10 inspection trips and 10 sample pick-up trips 50 Hr $96.00 $4,800.00 Concrete Test Specimens (C39) 60 Ea $27.00 $1,620.00 Grout Testing and Inspection (leveling pads per A/1.04) - Assumes 3 inspection trips and 3 sample pick-up trips 12 Hr $96.00 $1,152.00 Grout Test Specimens (C39) 12 Ea $27.00 $324.00 Precast Concrete Panel Fabrication (APA facility; inspection may be waived except shop quality assurance verification) - Assumes 1 trip 4 Hr $96.00 $384.00 Proprietary Anchor Inspection (epoxy grouting per 5/1.05, includes handrail anchors) - Assumes 3 trips 12 Hr $96.00 $1,152.00 Structural Steel/Aluminum Fabrication Inspection - Nondestructive testing of welds; see note 2 below - Assumes fabrication at NW Steel Fab in Deer Park, WA - AISC & WABO facility; inspection may be waived except shop quality assurance verification - Assumes 5 trips (4 inspection trips + 1 audit trip) - Lot Cost + 20% $3,000.00 Structural Steel Erection Inspection - Assumes 6 trips 24 Hr $109.00 $2,616.00 Nondestructive Testing of Welds (UT/MT/PT; in field) - Assumes 4 trips 16 Hr $118.00 $1,888.00 Preconstruction Meeting - Assumes 1 trip 3 Hr $96.00 $288.00 Associated Mileage (no charge within 15 mile radius) - Assumes 46 trips x 15 miles/round-trip 690 Mile No Charge Final Inspection/ Review/ Report 1 Hr $150.00 $150.00 Project Management (Report Review, Inspector Supervision) 8.25 Hr No Charge Administrative (Report Typing and Distribution) 8.25 Hr No Charge Subtotal: $17,374.00 15% Contingency (unforeseen circumstances, parking, overtime, etc.) $2,606.10 Estimated Budget: $19,980.10 Exhibit A Otto Rosenau & Associates, Incorporated Geotechnical Engineering, Construction Inspection & Materials Testing City of Renton Gene Coulon North Water Walk Improvements Proposal No.: 22-0855 September 27, 2022 Page 4 of 6 Notes: 1) Additional services are available, and will be provided upon request, at our published rates and fees. 2) Aluminum framing plans for the picnic floats are still under review. We have included our best guess using the available information; this should be reviewed and possibly revised once plans have been finalized. 3) NW Steel and fab in Deer Park, WA is a AISC and WABO approved fabricator. NW Precast is an APA certified precast plant. Typical inspections are waived for approved fabricators such as these except for a quality verification audit and NDT tests when required. We propose subcontracting these inspections to OxArc located closer to the facility at Deer Park. Exhibit A Otto Rosenau & Associates, Incorporated Geotechnical Engineering, Construction Inspection & Materials Testing City of Renton Gene Coulon North Water Walk Improvements Proposal No.: 22-0855 September 27, 2022 Page 5 of 6 FEE SCHEDULE Description of Services Unit Fee I. Labor (Personnel) Rates: Administrative Staff – Standard Report Typing & Distribution Hour No Charge Project Manager – Standard Report Review & Inspector Supervision Hour No Charge Project Manager – Attend Meetings, Consultation, etc. (If Required) Hour $150.00 Geotechnical Engineer (P.E.) Hour $220.00 Geologist Hour $150.00 Engineering Technician Hour $130.00 Soils/Asphalt Compaction Testing Technician Hour $109.00 Special Inspector: a) Reinforced Concrete (Includes Reinforcing Steel) b) Prestressed Concrete c) Shotcrete d) Structural Masonry e) Proprietary Anchors – Epoxy, Expansion Anchors, etc. f) Framing – Cold Formed Steel, Structural Wood, etc. g) Miscellaneous – Spray-Applied Fireproofing, Seismic Ties, etc. Hour $96.00 Structural Steel and Welding Inspector Hour $109.00 Nondestructive Testing Technician (UT/MT/PT) Hour $118.00 Certified Welding Inspector/ Consultant (American Welding Society – CWI) Hour $118.00 Pull Testing Technician (2-Man Crew) Hour $235.00 II. Laboratory (Materials) Testing: Soil Grain Size Distribution – Sieve Analysis (D422) Each $125.00 Soil Moisture-Density Relationship – Proctor (D1557) Each $250.00 Asphalt Oil Content by Ignition with Gradation Each $250.00 Asphalt Rice Density (D2041/ WSDOT T-209) Each $130.00 Compressive Strength Test – Concrete Cylinders/ Grout/ Mortar (C39/C109/C1019) Each $27.00 Fireproofing Density Specimens (E605) Each $84.00 Fireproofing Cohesion/Adhesion Tests (E736) Each $36.00 Masonry Prisms/ Concrete Masonry Units (C1314) Each $138.00 Shotcrete Test Panel (Includes 4 Cores; C1140) Each $225.00 Sawcutting of Test Specimens Each $6.00 III. Miscellaneous/Reimbursable Expenses: Associated Mileage (No Charge Within 15 Mile Radius, Otherwise $0.68/Mile Portal to Portal) Mile No Charge Project Associated Reimbursable Items (e.g. Parking Fees, Consumable Safety Gear, Cure Box, Temperature Recording Device, Subcontractor Services, etc.) Lot Cost + 20% Final Inspection/ Review/ Report Hour $150.00 Note: Additional services are available, and will be provided upon request, at our published rates and fees. Exhibit A Otto Rosenau & Associates, Incorporated Geotechnical Engineering, Construction Inspection & Materials Testing City of Renton Gene Coulon North Water Walk Improvements Proposal No.: 22-0855 September 27, 2022 Page 6 of 6 TERMS 1) Regular work hours for ORA personnel are an eight-hour shift between 6:00 am and 6:00 pm Monday through Friday, except for holidays. The holidays recognized are New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. In the event the holiday falls on a Saturday, the preceding Friday will be observed, and in the event the holiday falls on a Sunday, the observance is recognized on Monday. 2) For work on Saturdays, in excess of eight hours Monday through Friday, or for work performed before 6:00 am or after 6:00 pm, a premium rate of 1.5 times the regular rate will be charged. For work on Sundays, holidays, holiday weekend, in excess of eight hours on Saturdays, and in excess of twelve hours Monday through Friday, a premium rate of 2.0 times the regular rate will be charged. All services are portal to portal from ORA’s facility. 3) There shall be a three-hour minimum charge per trip during regular work hours, a four-hour minimum charge per trip for weekend and holiday, and an eight-hour minimum charge per trip for night shifts and out of town shifts. The applicable labor rate will apply depending upon the day/shift demand. Late cancellations (less than 3 business hours’ notice for day shift or 24 hours’ notice for night shift) will be charged 50% of the minimum charge at the applicable rate. 4) Test samples may be required to remain on the jobsite undisturbed for 24 to 48 hours as per the codes, standards, or specifications and will be picked up as designated. All samples, including hold samples, tested or not, shall be charged at the published rate. The Client will be invoiced portal to portal at the applicable labor rate. Laboratory rush samples will be invoiced at 1.5 times the standard test rate. 5) Concrete test specimens will be made according to ASTM C31 with the exception of sections 10.1.2 and 12.1.5. These items refer to initial curing of the samples. If the Client would like the samples cured in accordance to these sections, arrangements can be made (applicable fees apply) to provide a cure box/tank, temperature recorders, etc. 6) Asphalt content of asphalt mixture by ignition method will be performed according to ASTM D6307 with the exception of sections 10.9 and 13.16. These sections refer to the mathematical calculation of asphalt content with oven calibration factor. Oven calibration factor will not be tested and will be included in the calculation with a value of zero ‘0’. If the client would like the samples calculated in accordance to these sections, arrangements can be made (applicable fees apply) to perform the applicable oven calibration factor. 7) The Client agrees that the labor rates quoted shall be increased annually in proportion to the increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) as published by the Bureau of Labor Statistics of the U.S. Department of Labor. 8) As a professional services firm, ORA is not typically subject to prevailing wage agreements; however, should our services be subject to prevailing wage rates under state law, this proposal is null and void. 9) Client shall be invoiced once each month for work performed during the preceding month. ORA accepts the following methods of payment: cash, check, or credit card (Visa or MasterCard). Client agrees to pay each invoice within 30 days of the date rendered. A service charge of one-and-a-half percent per month will be added to all delinquent accounts. Invoices not paid within 60 days may result in ORA stopping Work until such invoices rendered are paid in full. Where legal action, including assertion of lien rights, becomes necessary to obtain payment for services provided, Client agrees to pay all collection costs, including any and all attorney’s fees. 10) Whenever applicable and unless stated in our fee schedule, estimated budgets do not include overtime hours, re-inspections or re-tests of deficiencies, or services provided beyond our original scope. Our actual total fee will be determined on a unit-fee basis wherein we will charge only for work performed. The construction schedule and the performance of the general contractor, sub-contractors, and material suppliers will directly impact our actual total fee. 11) If additional insured status is required by written contract, only those parties that we are actually doing work for directly would be eligible for coverage as an additional insured on our policy. Exhibit A