HomeMy WebLinkAbout001107 Original Contract City of Port Angeles
Record # 001107
Cit of Port Angeles
Public Works&Utilities Dept.
321 1",5111 Street
Port Angeles WA 98362 SERVICE CONTRACT
g �wti Tel:360-417-4541
IRK S,&�� Fax: 360-452-4972
Contract Title: Semi-Automated Pavement Condition Index Survey Service Number: SVC-2016-26
THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON
("CITY") AND Dynatest,("CONSULTANT").
1. WORK BY CONTRACTOR
The Consultant shall perform the work as described in Attachment"A" (Attachment"A"may include Consultant's
Proposal, Scope of Work, Statement of Work, Plans, Specifications, and any other related Contract Documents)
which is attached hereto and bythis reference is incorporated herein.
2. TERM OF CONTRACT
All work under this Contract is to be completed as indicated (check one):
® All work under this Contract is to be completed by this date: December 31 2016.
❑ All work under this Contract is to be completed 20 days from the Notice to Proceed. No work is
to be performed prior to written Notice to Proceed by the City. (See attachment A for specific
schedule for work).
❑ The performance period under this Contract commences_calendar days after notice to
proceed and ends(xx days thereafter or after contract award).
3. PAYMENT
A.The City shall pay the Consultant for the work performed under this contract(check one):
❑ Force Account-Time and material, not to exceed: $
❑ Force Account-Time and actual expenses incurred, not to exceed: $
❑ Force Account- Unit prices set forth in the Consultant's bid or quote, not to exceed: $
® Firm Fixed Price set forth in Contractor bid or quote in the amount of: $ 59.950.00
(See Attachment C)
The Consultant shall do all work and furnish all tools, materials, and equipment, in accordance
with and as described in the Attachment "A".
The Consultant shall provide and bear the expense of all equipment, work and labor of any sort
whatsoever that may be required for the transfer of materials and for constructing and completing
the work provided for in this Contract and every part thereof; except those indicated to be furnished by the
City of Port Angeles in Attachment A.
B. The Consultant shall maintain time and expense records, which may be requested by the City.The Consultant
shall submit invoices to the City for payment for work performed. An invoice may be submitted for 50 percent
due after data collection and the remaining 50 percent due after all deliverables have been received and accepted
by the City. All invoices must reference the City's service number. Invoices shall be in a format acceptable to the
City.
C. The City shall pay all invoices from the Consultant within 30 days of receipt of a properly completed invoice.
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D. All records and accounts pertaining to this Contract are to be kept available for inspections by representatives
of the City for a period of three (3) years after final payment. Copies shall be made available to the City upon
request.
E. If during the course of the Contract, the work rendered does not meet the requirements set forth in the
Contract, the Consultant shall correct or modify the required work to comply with the requirements of this
Contract. The City shall have the right to withhold payment for such work until it meets the requirements of the
Contract Documents.
4. RESPONSIBILITY OF CONSULTANT
A. Safety. Consultant shall take all necessary precautions for the safety of employees on the work site and shall
comply with all applicable provisions of federal, state, and local regulations, ordinances, and codes. Consultant
shall erect and properly maintain, at all times, as required by the conditions and progress of the work, all
necessary safeguards for the protection of workers and the public and shall post danger signs warning against
known or unusual hazards.
B. Warranty. Consultant shall be liable for any costs, losses, expenses or damages including consequential
damages suffered by the City resulting from defects in the Consultant's work including, but not limited to, cost of
materials and labor expended by the City in making emergency repairs and cost of engineering, inspection, and
supervision by the City. The Consultant shall hold the City harmless from any and all claims which may be made
against the City as a result of any defective work and the Consultant shall defend any such claims at its own
expense. Where materials or procedures are not specified in the Contract Document, the City will rely on the
professional judgment of the Consultant to make appropriate selections.
C. Nondiscrimination/Affirmative Action. Consultant agrees not to discriminate against any employee or applicant
for employment or any other persons in the performance of this Contract because of race, creed, color, national
origin, marital status, sex, age or handicap, or other circumstances as may be defined by federal, state, or local
law or ordinance, except for a bona fide occupational qualification. Consultant agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by Contractor setting forth
the provisions of the nondiscrimination clause.
E. Employment. Any and all employees of the Consultant, while engaged in the performance of any work or
services required by the Consultant under this Contract, shall be considered employees of the Consultant only and
not of the City. Any and all claims that may arise under the Workers Compensation Act on behalf of said
employees, while so engaged, and all claims made by a third party as consequence of any negligent act or
omission on the part of the Consultant's employees, while so engaged on any of the work or services provided or
rendered herein, shall not be the obligation of the City.
S. COMPLIANCE WITH LAWS
The Consultant shall comply with all federal, state and local laws and regulations applicable to the
work done under this Contract. Any violation of the provisions of this paragraph shall be considered a violation of
a material provision of this Contract and shall be grounds for cancellation, termination, or suspension of the
Contract by the City, in whole or in part, and may result in ineligibility for further work for the City.
6. TERMINATION OF CONTRACT
A. This Contract shall terminate upon satisfactory completion of the work described in Attachment "A" and final
payment by the City.
B. The City may terminate the Contract and take possession of the premises and all materials thereon and finish
the work by whatever methods it may deem expedient, by giving 10 days written notice to the Contractor, upon
the occurrence of any one or more of the events hereafter specified.
1. The Consultant makes a general assignment for the benefit of its creditors.
2. A receiver is appointed as a result of the insolvency of the Consultant.
3. The Consultant persistently or repeatedly refuses or fails to complete the work required herein.
4. Consultant fails to make prompt payment to subconsultants for material or labor.
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5. Consultant persistently disregards federal, state or local regulations and ordinances.
6. Consultant persistently disregards instructions of the Contract Administrator, or otherwise
substantially violates the terms of this Contract.
7. The City determines that sufficient operating funds are not available to fund completion of the work
contracted for.
C. In the event this Contract is terminated by the City, Consultant shall not be entitled to receive any further
amounts due under this Contract until the work specified in Attachment "A" is satisfactorily completed, as
scheduled, up to the date of termination. At such time, if the unpaid balance of the amount to be paid under this
Contract exceeds the expense incurred by the City in finishing the work, and all damages sustained by the City or
which may be sustained by reason of such refusal, neglect, failure, or discontinuance of employment, such excess
shall be paid by the City to the Consultant. If the City's expense and damages exceed the unpaid balance,
Consultant and his surety shall be jointly and severally liable therefore to the City and shall pay such difference to
the City. Such expense and damages shall include all legal costs incurred by the City to protect the rights and
interests of the City under the Contract, provided such legal costs shall be reasonable.
7. OWNERSHIP OF DOCUMENTS
A. On payment to the Consultant by the City of all compensation due under this Contract, all finished or
unfinished documents and material prepared by the Consultant under this Contract shall become the property of
the City and shall be forwarded to the City upon its request.
B. Any records, reports, information, data, or other documents or materials given to or prepared or assembled by
the Consultant under this Contract will be kept confidential by the consultant and shall not be made available to
any individual or organization by the Consultant without prior written approval of the City or by court order.
S. CLAIMS
Any claim by the consultant against the City for damages, expenses, costs, or extras arising out of the
performance of this Contract must be made in writing to the City within thirty days after the discovery of such
damage, expense, or loss, and in no event later than the time of approval by the City for final payment.
Consultant, upon making application for final payment, shall be deemed to have waived its right to claim for any
other damages for which application has not been made, unless such claim for final payment includes notice of
additional claim and fully describes such claim.
9. GENERAL ADMINISTRATION AND MANAGEMENT
The Director of the Public Works and Utilities Department or his/her designee represent the City under this
Contract and shall oversee and approve all work to be performed, coordinate communications, and review and
approve all invoices, under this Contract.
10. INDEMINIFATION / HOLD HARMLESS
A. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers
harmless from any and all claims, injuries, damages, losses, or suits including attorney fees, arising out of or in
connection with the performance of this Agreement, except for injuries and damages caused by the sole
negligence of the City.
B. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, 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 Consultant and the City, its officers, officials, employees, and
volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is
further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, 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.
11. INSURANCE
The Consultant shall maintain insurance as set forth in Attachment B.
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12. INTERPRETATION AND VENUE
This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The
venue of any litigation between the parties regarding this Contract shall be Clallam County, Washington.
13. BRANDS OR EQUAL
When a special "brand or equal" is named it shall be construed solely for the purpose of indicating the standards
of quality, performance, or use desired. Brands of equal quality, performance, and use shall be considered,
provided Consultant specifies the brand and model and submits descriptive literature when available. Any bid
containing a brand which is not of equal quality, performance, or use specified must be represented as an
alternate and not as an equal, and failure to do so shall be sufficient reason to disregard the bid.
14. INSPECTION AND REJECTION
All goods, services, work, or materials purchased herein are subject inspection and to approval by the City. Any
rejection of goods, services, work, or materials resulting because of nonconformity to the terms and specifications
of this order, whether held by the City or returned, will be at Consultant's risk and expense.
15. SUBLETTING OR ASSIGNING OF CONTRACTS
Neither the City nor the Consultant shall assign, transfer, or encumber any rights, duties, or interest accruing
from this Contract without the express prior written consent of the other.
16. INDEPENDENT CONSULTANT
The Consultant is and shall be at all times during the term of this Contract an independent Contractor and not
an employee of the City.
18. EXTENT OF CONTRACT/MODIFICATION
This Contract, together with the attachments and/or addenda, represents the entire and integrated Contract
between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written
or oral. This contract may be amended, modified, or added to only by written instrument properly signed by both
parties hereto.
19. SUBCONTRACTOR RESPONSIBILITY
The Consultant shall include the language of this section in each of its first tier subconsultants, and shall require
each of its subconsultantss to include substantially the same language of this section in each of its subcontracts,
adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to
all subconsultants regardless of tier.
At the time of subcontract execution, the Consultant shall verify that each of its first tier subconsultants meets the
following bidder responsibility criteria:
- At the time of subcontract bid submittal, have a certificate of registration in compliance with chapter 18.27
RCW;
- Have a current state unified business identifier number;
- If applicable, have:
1) Industrial insurance coverage for the subconsultant's employees working in Washington as required in
Title 51 RCW;
2) An employment security department number as required in Tile 50 RCW; and
3) A state excise tax registration number as required in Tile 82 RCW;
4) An electrical contractor license, if required by Chapter 19.28 RCW;
5) An elevator contract license, if required by Chapter 70.87 RCW.
- Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3).
(Service # SVC-2016-26) Page 4 Rev.8/03/16
IN WITNESS WHEREOF, the parties have executed this Contract as the date of the last signature affixed below.
DYNATEST CITY OF PORT ANGELES
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Tax ID #: 7- -50655-5 BY:
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(Service # SVC-2016-26) Page 5 Rev.8/03/16
City of Port Angeles ATTACHMENT "A"
Engineering
Public Works and Utilities Department WORK BY CONSULTANT
360-417-4541
The Consultant shall do all work and furnish all tools, materials, and equipment in order to accomplish the project
described below. Unless otherwise provided for in the Statement of Work, the Consultant will be responsible for
obtaining and paying for any and all permits required for this work.
General Scope: Semi-Automated PIC Survey and StreetSAVER Database Update
Location: Port Angeles, Washington
Site Point of Contact: Jonathan Boehme at 360-417-4811.
Work Hours and Schedule: The Consultant will be allowed to work from 7:00 AM to 6:00 PM, Monday through
Friday. Work outside of these hours may be requested from and is at the discretion of the City Engineer.
Permits: None.
Work Requirements:
1.0 Project Description
Semi-automated Pavement Condition Index(PCI) surveys on all lane miles of roads and alleys in the City of port
Angeles, Washington.
2.0 Standard Specifications
Division 1 of the Washington State Department of Transportation's 2016 Standard Specifications for
Road, Bridge and Municipal Construction referred to herein as the Standard Specifications and the City of
Port Angeles Urban Services Standards and Guidelines(current edition).
3.0 Drawings:
The following listed drawings are part of this contract: None.
4.0 Description of Work
1. Semi-automated pavement condition surveys on all lane miles of roads and alleys in the City of Port Angeles,
Washington.
2. The semi-automated pavement condition surveys will be performed using a Dynatest Pavement Condition
Survey Systern (PCSS)equipped with the following:
a. High definition Right of Way (ROW) images in 1920 x 1080 format.
b. High definition pavement imaging using the Laser Road Imaging System (LRIS). Pavement images are
virtually shadow free, and cracks I mm in width can be clearly seen in the pavement images.
c. Pavement profile measurements (IRI and rutting) using a Dynatest Mark III Laser Profiler equipped
with 7 laser sensors.
d. Sub-meter accuracy GPS coordinates.
3. Survey all major arterial or primary streets in two (2)directions, and the residential streets and alleys in one(I)
direction.
(Service # SVC-2016-26) Page 6 Rev.8/03/16
4. According to the GIS data there are:
a. Approximately 110 centerline miles of roads. (This translates to approximately 162 lane miles to
survey.)
b. Approximately 38 centerline miles of alleys.
5. The City will provide the latest copy of the City's GIS data. The GIS data should be linked to the City's
StreetSAVER database and should be properly segmented to include all required sampling units (if required by
StreetSAVER)and should include all pertinent attributes.
6. While the automated pavement condition survey covers 100% of the roadway surveys(in the direction/lane
travelled), the distress rating strategy is as follows:
a. For pavement sections <250 ft. in length, we shall rate distress on 100% of the surface.
b. For pavement sections between 250 and 500 ft. in length, we shall rate distresses on 50%of the surface
c. For pavement sections> 500 ft. in length, we shall rate distresses on 25% of the surface.
7. Distress data shall be utilized to update the City's existing StreetSAVER database. Access will be provided to
the City's database.
8.No effort for doing any StreetSAVER based analysis or reporting is included.
9. The deliverables shall include the following:
a. A portable hard disk containing all collected data(raw data files and images).
b. Updated StreetSAVER database. (Please note that we will require a copy of the City's StreetSAVER
database and corresponding GIS data)
c. Shapefiles showing distress locations and extents.
d. Point shapefile showing locations of all Right of Way (ROW) images
(Service # SVC-2016-26) Page 7 Rev.8/03/16
City of Port Angeles
Engineering ATTACHMENT "B"
Public Works and Utilities Department INSURANCE
360-417-4541
INSURANCE REQUIREMENTS FOR
CONSTRUCTION AND SERVICE CONTRACTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries
to persons or damage to property which may arise from or in connection with the performance of the work
hereunder by the Consultant, their agents, representatives, employees or subcontractors.
No Limitation
Consultant's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed
to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall
be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors, products-completed operations, stop
gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 1185 or an equivalent endorsement. There shall be no endorsement or
modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or
underground property damage.The City shall be named as an insured under the Contractor's Commercial
General Liability insurance policy with respect to the work performed for the City using ISO Additional
Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20
37 10 01 or substitute endorsements providing equivalent coverage.
3. Workers'Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property
damage of$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate
limit.
Other Insurance Provision
The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be
(Service # SVC-2016-26) Page 8 Rev.8/03/16
endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute
with it.
Acceptability of Insurers
Insurance is to be placed with insurers with a current-A.M. Best rating of not less than A: VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including
but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the
Contractor before commencement of the work.
F. Subcontractors
The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to
be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent
business practices.
G. Notice of Cancellation
The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy
cancellation, within two business days of their receipt of such notice.
H. Failure to Maintain Insurance
Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of
contract, upon which the City may, after giving five business days notice to the contractor to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all
premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole
discretion of the City, offset against funds due the Contractor from the City.
(Service # SVC-2016-26) Page 9 Rev.8/03/16
DynateSt'" ATTACHMENT C DYNATEST NORTH AMERICA,INC.
THE ROAD FOR FUTURE TRAVEL 13953 US Highway 301 South
Starke,Florida 32091 USA
Telephone+1 904 964-3777
FAX+1 904 964-3749
Webpage:www.dynatest.com
E-mail:usa@dynatest.com
Pavement Engineering Specialists
and Equipment
July 25, 2016
Mr. Jonathan Boelnne, P.E.
City of Port Angeles Public Works
321 East Fifth Street
Port Angeles, WA 98362
Tel: 360.417.481 1
Email:jboelune<&cityofpa.us
Reference: Proposal for Semi-Automated PCI Survey and StreetSAVER Database Update
for the City of Port Angeles,Washington.
Dear Mr. Boehme,
As per your request, Dynatest North America, Inc., is pleased to provide the following proposal for semi-
automated Pavement Condition Index(PCI) surveys on approximately 200 lane miles of roads and alleys
in the City of port Angeles, Washington.
As we understand,the scope of work includes the following:
1. Semi-automated pavement condition surveys on approximately 200 lane miles of roads and
alleys in the City of Port Angeles, Washington.
2. The semi-automated pavement condition surveys will be performed using a Dynatest Pavement
Condition Survey System(PCSS)equipped with the following:
a. High definition Right of Way(ROW) images in 1920 x 1080 format.
b. High definition pavement imaging using the Laser Road Imaging System (LRIS).
Pavement images are virtually shadow free, and cracks 1 mm in width can be clearly seen
in the pavement images.
c. Pavement profile measurements(IRI and rutting) using a Dynatest Mark III Laser Profiler
equipped with 7 laser sensors.
d. Sub-meter accuracy GPS coordinates.
3. We recommend that we survey all major arterial or primary streets in two(2)directions,and the
residential streets and alleys in one(1)direction.
4. According to the GIS data sent to us, we have:
a. Approximately 110 centerline miles of roads. (This translates to approximately 162 lane
miles to survey.)
b. Approximately 38 centerline miles of alleys.
5. Please note that we will require the latest copy of the City's GIS data. The GIS data should be
linked to the City's StreetSAVER database and should be properly segmented to include all
required sampling units (if required by StreetSAVER) and should include all pertinent
attributes.
City of Port Angeles, Washington Page 1 of 42
Proposal for Pavement Condition Surveys and StreetSAVER Database Update
Dyna`est DYNATEST NORTH AMERICA,INC.
ww J 13953 US Highway 301 South
THE ROAD FORR ■FUTURE
V V URE TRAVEL Starke,Florida 32091 USA
Telephone+1 904 964-3777
FAX+1 904 964-3749
Webpage:www.dynatest.com
E-mail:usa@dynatest.com
Pavement Engineering Specialists
and Equipment
6. While the automated pavement condition survey covers 100% of the roadway surveys (in the
direction/lane travelled), we recommend using a distress rating strategy as follows. We have
used the same strategy for several other Cities.
a. For pavement sections<250 ft. in length, we shat I rate distress on 100% of the surface.
b. For pavement sections between 250 and 500 ft, in length, we shall rate distresses on 50%
of the surface
c. For pavement sections> 500 ft. in length, we shall rate distresses on 25% of the surface.
7. Distress data shall be utilized to update the City's existing StreetSAVER database. Please note
that we will require access to the City's database.
8. We have not included any effort for doing any StreetSAVER based analysis or reporting at this
point. We will be more than happy to provide additional services as required.
9. Our deliverables shall include the following:
a. A portable hard disk containing all collected data(raw data files and images).
b. Updated StreetSAVER database. (Please note that we will require a copy of the City's
StreetSAVER database and corresponding GIS data)
c. Shapefiles showing distress locations and extents.
d. Point shapefile showing locations of all Right of Way(ROW) images
Our estimate for performing the above mentioned tasks is as follows:
Table 1 Cost Proposal for Semi-Automated Pavement Condition Surveys
TaskCost
Project Management and Administrative $5,140
Pavement Inventory Review $3,600
Semi-Automated Pavement Surveys(200 lane miles) $31,150
Distress rating(25% sampling rate) $11,100
StreetSAVER Update and Deliverables $8,960
Total $59,950
Our standard terms and conditions are shown on the next page.
City of Port Angeles, Washington Page 2 of 92
Proposal for Pavement Condition Surveys and StreetSAVER Database Update