Loading...
HomeMy WebLinkAboutReid Middleton CIVIL ENGINEERING Reid iddleton PLANNING AL ENGINEERING SURVEYING. AS January 4 2012 File No. 222011.913 022 Ms. Shelley Coleman Finance Director City of Auburn 25 W Main Street Auburn, WA 98001 Subject: Revised Agreement for Professional Survey Services Auburn Municipal Airport South End Survey Dear Ms. Coleman. Thank you for considering Reid Middleton to provide professional surveying services. We look forward to working with you on this project. A. PROJECT UNDERSTANDING Auburn Municipal Airport plans to make future improvements at the south end of Runway 16-34 including construction of a new west side taxiway A planned development is being considered on adjacent property and the Airport wants to mark the proposed airport improvements and the existing property lines. To support this effort, Reid Middleton will provide a survey of the existing property lines and staking of the proposed runways and taxiway limits. The effort will also include a building height analysis to identify height limits and setbacks for future building construction necessary to maintain airspace requirements. B. SCOPE OF SERVICES 1 See Exhibit `C, Scope of Services. 2. Additional services requested by City of Auburn. C. PERIOD OF PERFORMANCE Reid Middleton is prepared to proceed with the services upon receipt of a signed agreement. A schedule for completion of the project tasks will be developed upon initiation of the services. Reid Middleton agrees to diligently pursue the project and make every reasonable effort to finish all items in a timely manner WASHINGTON 728 134th Street SW D CLIENT'S RESPONSIBILITIES Everett,20 WA 98204 Phone:425741-3800 City of Auburn shall provide available pertinent data, documents, documents and any Fax 425 7413900 other information to Reid Middleton as necessary to complete the services outlined in the attached Exhibit C. ALASKA 4300 B Street Suite 302 Anchorage,AK 99503 Phone.907 562-3439 'ax'.907 551-5319 Ms. Shelley Coleman City of Auburn January 4,2012 File No. 222011 913 022 Page 2 E. COMPENSATION For services described in Section B, Item 1 Reid Middleton shall be paid the lump sum of$20,000. 2. For services described in Section B, Item 2, Reid Middleton shall be paid on a 'time-plus-expense basis in accordance with provisions of the attached Exhibit A, Schedule of Charges Effective July 1 2011 or on the basis of such other mutually satisfactory arrangements as may be negotiated. F REID MIDDLETON STAFF Jerry J Franklin, PLS, will be the Project Manager primarily responsible for this project; however other individuals at Reid Middleton will work on aspects of your project as required. G. CONDITIONS OF AGREEMENT The terms and conditions of the attached Exhibit `B, Conditions of Agreement, are included as part of this agreement. We appreciate the opportunity to submit this proposed agreement. The terms of this agreement will become effective when confirmed by your signature within 30 days. If you wish to pursue this project after that time, this agreement may then be renegotiated. If the terms are acceptable, please sign your acceptance below and return one executed copy to Reid Middleton. If you have any questions or comments please call me. Sincerely ACCEP I: Reid Middleton, Inc. le) Cit of Auburn �' By Je ranklin, P.L.S. Director Survey Group Title Date 1 /2 ,C Attachments kWh:doc\2212011\913\022\022 Revised Survey Letter.docx\jjf Reid iddleton Reid Middleton, Inc. Exhibit A Schedule of Charges Effective July 1 2011 through June 30, 2012 Compensation shall be based on time and expenses directly attributable to the project and shall follow the schedule below unless another method of compensation has been expressed in the written agreement. Personnel Hourly Rate Principal $ 185.00 $225.00 Principal Engineer/Principal Planner/Principal Surveyor $ 180.00 $200.00 Senior Engineer/Senior Planner/Senior Surveyor $ 155.00 $ 175.00 Project Engineer/Project Designer/Project Surveyor/Project Planner $ 120.00 $ 145.00 Design Engineer/Designer II/Design Technician/Survey Crew Chief/ Technical Writer I1/Graphic Designer II $ 105.00 $ 115.00 Designer I/Planner/CAD Technician II $ 85.00 $ 100.00 Project Administrator $ 85.00 $ 100.00 CAD Technician 1/Survey Technician/Technician/Technical Writer I $ 65.00 $ 90.00 Survey Crew(2 Person/RTK/Robotic). $ 170.00 Survey Crew(3 Person/GPS). $260.00 Expert Witness/Forensic Engineering 1.5 times usual hourly rate(4 hour minimum) Individuals not in the regular employ of Reid Middleton may occasionally be engaged to meet specific project requirements. Charges for such personnel will be comparable to charges for regular Reid Middleton personnel. A premium may be charged if project requirements make overtime work necessary, II. Equipment Rate Design Software/Computer Aided Drafting $ 12.00/hour 111. Reimbursable Expenses Local Mileage Automobile $ 0.65/mile Local Mileage Survey Truck $ 0.65/mile Expenses that are directly attributable to the project are invoiced at cost plus 15% These expenses include, but are not limited to,subconsultant or subcontractor services,travel and subsistence, communications,couriers, postage, fees and permits, document reproduction, special instrumentation and field equipment rental, premiums for additional insurance where required, special supplies, and other costs directly applicable to the project. A new schedule of charges is issued and becomes effective July I each year Charges for all work, including continuing projects initiated in prior years,will be based on the latest schedule of charges. IV Client Advances Unless the parties agree otherwise in writing,charges for the following items shall be paid by the client directly shall not be the responsibility of Reid Middleton,and shall be in addition to any fee stipulated in the agreement: government fees, including permit and review fees;soils testing fees and costs;charges for aerial photography and charges for monuments. If Reid Middleton determines, in its discretion,to advance any of these costs in the interest of the project,the amount of the advance,plus a fifteen percent administrative fee,shall be paid by the client upon presentation of an invoice therefore. C'\Documents and Settings\kbowley\Local Settings\Temporary Internet Files\OLK3D9\20I I-A doc Reid iddleton Reid Middleton, Inc. Exhibit B Conditions of Agreement for Surveying Services Payments A. Due Date: Fees and all other charges are billed monthly as services progress. The full amount of each invoice is due and payable thirty(30)days after the date of such invoice. B. Default Any amount not paid within thirty(30)days of the billing date shall be considered delinquent and shall bear a delinquency charge of one percent (I%) per month(or if lower the maximum rate allowed by law) from the date of the invoice. Failure to make a payment by the due date is a substantial breach of a material term of the parties agreement, and Reid Middleton may at its option,suspend services or terminate this agreement in that event. The delinquency charge or payment thereof shall not extend the due date or affect the right to suspend services or terminate. Payments received on delinquent accounts will he applied first to accrued delinquency charges and then to the unpaid principal amount. II. Additional Services Additional Services shall include, without limitation, the Following. 1. Replacing stakes unless destroyed by Reid Middleton; 2. Making revisions to drawings,specifications or other documents which are inconsistent with approvals or instructions previously given by the client, required due to changes in the law or required due to changes in the overall project; 3. Providing services due to default or defective performance on the part of the construction contractor 4. Providing services to address unanticipated site conditions',or 5. Providing other services beyond the scope of services described in the agreement. III. Allocation of Risk The client agrees that, to the fullest extent permitted by law the aggregate liability of Reid Middleton, its officers,directors, employees and consultants to the client for any and all injuries,claims, losses,expenses,damages and claim expenses arising out of or related to the agreement, from any cause or causes, including but not limited to negligence,errors,omissions,strict liability breach of contract or breach of implied or expressed warranty shall not exceed$50,000 or the total compensation received by Reid Middleton under the agreement, whichever is greater The parties acknowledge that this limitation has been negotiated and reflects,among other things, the potential rewards and benefits of the project and the amount of compensation to be received. IV Dispute Resolution A. Mediation: In the event of a dispute arising out of or related to the agreement,or the breach or alleged breach hereof,which dispute cannot be resolved through negotiations between the parties,the arties agree that the dispute shall be submitted to nonbinding mediation. Unless the parties subsequently agree upon a different mediation service or mediator the dispute shall be submitted to the American Arbitration Association,Seattle Tribunal,acting under its construction industry mediation rules and procedures. Either party may make the initial submission. Each party shall pay its own costs(including, if applicable, its attorney and expert witness costs) and one-half of the charge levied by the mediation service and mediator B. Litigation: If any dispute is not resolved through nonbinding mediation, venue for litigation arising under or related to this agreement,or the breach or alleged breach hereof,shall be in Snohomish County Washington,Superior Court. The substantially prevailing party in litigation shall be awarded its costs,attorney fees and expert witness fees incurred for trial preparation, trial and, if applicable,any and all appeals. C. Arbitration: Nothing stated herein shall preclude the parties from later agreeing,by way of a document signed by both parties, to submit any such dispute to arbitration. D Governing Law- The agreement shall be governed by the internal laws of the State of Washington. V Miscellaneous A. Standard of Care: Reid Middleton intends to render its services in accordance with standards of professional practice currently prevailing in the locale of the project and for the intended use of this project. Without limiting the generality of the foregoing,Reid Middleton makes no warranties and offers no opinions as to matters affecting title which do not appear in the public records. B. Means and Methods: Reid Middleton shall not have control over or charge of and shall not be responsible for construction means,methods, techniques, sequences or procedures,or for safety precautions and programs in connection with the construction. C. Pollution and Hazardous Materials: Unless specifically stated to the contrary in the agreement,Reid Middleton shall have no responsibility for the discovery presence, handling, removal or disposal of pollutants or hazardous materials(including but not limited to asbestos, asbestos products.PCB lead, or other toxic substances) in any form at the project site. In no event shall Reid Middleton(or its officers,directors,employees or consultants)be liable for costs,losses or damages including but not limited to delay costs or damages due to personal injury sickness or death,or damage to property resulting from or related to the presence of pollutants or hazardous materials at the project site. D Government Entities: Reid Middleton shall not be liable for damages resulting from the actions or inactions of governmental agencies. Reid Middleton does not guarantee that requisite permits or authorizations will be issued. E. Independent Contractor Reid Middleton is an independent contractor Reid Middleton is not an employee or agent of the client. F Subconsultants: Reid Middleton shall have the right to retain subconsultants to perform portions of the services under the agreement. If the client reasonably objects in writing to a particular subconsultant,Reid Middleton shall replace the subconsultant if it is mutually agreed to be in the best interests of the project. G. Assignment: Subject to the right to retain subconsultants. neither party shall assign the agreement or any rights under or related to the agreement without the written consent of the other which consent may be withheld for any reason. H. Accrual. Causes of action between the parties related to or arising out of the agreement shall be deemed to have accrued,and the applicable statute of limitations shall commence to run, no later than the date on which Reid Middleton last performs substantial services under the agreement. I. Entire Agreement: The agreement,including these Conditions of Agreement, represents the entire and integrated agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous negotiations, representations and agreements, whether written or oral. Reid iddleton \fonns\exhibits\99-D-Sr doe WA 7/3/99(mat) Exhibit C Scope of Survey Services Reid Middleton, Inc. Auburn Municipal Airport South End Survey Revised 01/04/2012 A. PROJECT UNDERSTANDING Auburn Municipal Airport plans to make future improvements at the south end of Runway 16-34 including construction of a new west side taxiway A planned development is being considered on adjacent property and the Airport wants to mark the proposed airport improvements and the existing property lines. To support this effort, Reid Middleton will provide a survey of the existing property lines and staking of the proposed runways and taxiway limits. The effort will also include a building height analysis to identify height limits and setbacks for future building construction necessary to maintain airspace requirements. B. SCOPE OF SERVICES Reid Middleton will perform the following services: 1 Field Survey Conduct a field survey to recover controlling monumentation necessary for the project and to set local survey control points. Field surveys will be performed as follows: a. Recover boundary corner monuments and set stakes at 50-foot intervals along the south and the southwesterly portion of the airport properties (tax parcel numbers 0000800009 and a portion of tax parcel 0000800011) along the north and east line of property located at 1580 A Street NW (owner Aliza Inc. tax number 0000800026) and along the east line and northeast line of property located at 1010 15th Street NE (owner King County— Transit tax number 000080022). b. Review existing ALP and Airport Master Plan for current and future runway and taxiway layout dimensions. Verify the distances and setbacks are in accordance with current B-1 standards. Auburn Municipal Airport Scope of Services South End Survey Page I of 3 January 4,2012 c. Set stakes at 50-foot intervals for the proposed taxiway centerline which is 225 feet west of Runway 34 centerline in accordance with current B-1 standards. d. Set stakes at 50-foot intervals at proposed 200-foot extension and runway safety area of the south end of Runway 34 e. Locate existing ground elevations at 50-foot intervals at the south end of Runway 34 Building or tree heights are not required for this service. 2. Boundary Lines Utilize the information gathered in the field investigation and research records, maps and other documents from the client and documents available online from King County Assessor This phase of work is an analysis of the parcel lines and does not represent a boundary survey and will not require the preparation and filing of a Record of Survey with King County Reid Middleton will rely on the evidence found during the field survey and the records research and will not replace or set new property corners as part of this scope. 3 Height Restriction Analysis Review airspace surface requirements, Master Plan and existing ALP identify critical grades and corresponding transitional surface slopes in determining building height limits at three locations along the Airport s southwest property line. 4 Survey Mapping Prepare a survey base map in AutoCAD 2010 format with Reid Middleton standard layering, blocks, lines, codes and symbols on a convenient scale and sheet size. Survey base map features shall include: • Existing survey points found • New survey points staked • Existing grade elevations at the south end of RW 34 • Existing grade elevations at the SW property lines • Height analysis grades and corresponding transitional surface slopes Auburn Municipal Airport Scope of Services South End Survey Page 2 of 3 December 30,2011 5 Quality Control Provide a quality assurance walk-through prior to final submittal of the drawing to the City All work will be performed under the supervision and approval of a licensed Professional Land Surveyor (PLS). 6. Datum The survey will be based on Washington State Plane Coordinate System North Zone NAD83-91 horizontal datum and NAVD88 vertical datum. 7 Delivery Provide two bond prints and AutoCAD file to the City Provide for a site walk-through with the client to identify the survey stakes. 8. Conditions a. Access and right-of-entry will be provided to complete these services. b. This survey will be performed without the benefit of a current title report or property deeds and will not indicate easements, agreements, covenants, or other conflicts of record. kab\H:\doc\22\1 I\913\022\022 Revised Exhibit C Scope Survey.docx\jjf Auburn Municipal Airport Scope of Services South End Survey Page 3 of 3 December 30,2011