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HomeMy WebLinkAbout001387 Original Contract City of Port Angeles Record##00138? AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF PORT ANGELES AND WENGLER SURVEYING & MAPPING PSA-2018-03 RELATING TO: 2018 SURVEYING SERVICES THIS AGREEMENT is made and entered into, by and between THE CITY OF PORT ANGELES, a non-charter code city and municipal corporation of the State of Washington, (hereinafter called the "CITY") and JAMES WENGLER, and ELLEN WENGLER, dba WENGLER SURVEYING & MAPPING, a sole proprietorship authorized to do business in the state of Washington (hereinafter called the "CONSULTANT"). WHEREAS, the CITY desires surveying and mapping assistance related to project design and construction. WHEREAS, the CITY desires to engage the professional services and assistance of a qualified Surveying firm to perform the Scope of Services as detailed in Exhibit A, and WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes of the State of Washington for professional registration and/or other applicable requirements, and WHEREAS, the CONSULTANT represents that it has the background, experience, and ability to perform the required work in accordance with the standards of the profession, and WHEREAS, the CONSULTANT represents that it will provide qualified personnel and appropriate facilities necessary to accomplish the work; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows, I SCOPE OF SERVICES General Scope. The CONSULTANT will accomplish the work as described in scope of services attached in Exhibit A. The CITY may review the CONSULTANT'S services, and if they do not meet the Professional Standard of Care the CONSULTANT shall make such changes as may be required by the CITY. Such changes shall not constitute "Extra Work"' as related in Section XII of this Agreement. Any changes made necessary due to causes outside the CONSULTANT'S reasonable control shall be provided as an extra work herein. The CONSULTANT agrees that all services performed under this Agreement shall be in accordance with the standards of the surveying profession for similar services on similar projects of like size and nature and in compliance with applicable federal, state and local laws. Page 1 of 13 The Scope of Services may be amended upon written approval of both parties. 11 OWNERSHIP OF DOCUMENTS Upon completion of the work, all written and electronic documents, exhibits, CAD base maps, electronic copies of points, maps, photocopies of field books, or other presentations of the work directed by the CITY in Exhibit A with the exception of those standard details and specifications regularly used by the CONSULTANT in its normal course of business shall upon payment of all amounts rightfully owed by the CITY to the CONSULTANT herein become the property of the CITY for use without restriction and without representation as to suitability for reuse by any other party unless specifically verified or adapted by the CONSULTANT. However, any alteration of the documents, by the CITY or by others acting through or on behalf of the CITY, will be at the CITY's sole risk. III DESIGNATION OF REPRESENTATIVES Each party shall designate its representatives in writing. The CONSULTANT'S representative shall be subject to the approval of the CITY. IV TIME OF PERFORMANCE The CONSULTANT may begin work upon execution of this Agreement by both parties and written direction to proceed from CITY and the duration of the Agreement shall extend through December 31, 2018 V PAYMENT The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such payment shall be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment shall be on the basis of the CONSULTANT'S cost for actual labor, overhead and profit plus CONSULTANT'S direct non-salary reimbursable costs as set forth in the attached Exhibit C. B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall detail the work, hours, employee name, and hourly rate; shall itemize with receipts and invoices the non-salary direct costs; shall indicate the specific task or activity in the Scope of Service to which the costs are related', and shall indicate the cumulative total for each task. C. The CITY shall review the invoices and make payment for the percentage of the project that has been completed less the amounts previously paid. D. The CONSULTANT invoices are due and payable within 30 days of receipt. In the event of a disputed billing, only the disputed portion will be withheld from payment. E. Final payment for the balance due to the CONSULTANT will be made after the completion of the work and acceptance by the CITY. Page 2 of 13 F. Payment for "Extra Work"' performed under Section X11 of this Agreement shall be as agreed to by the parties in writing. VI MAXIMUM COMPENSATION Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation and reimbursement under this Agreement, including labor, direct non-salary reimbursable costs and outside services, shall not exceed the maximum sum of$24,957. The budget for each task is as set forth in the attached Exhibit B. Budgets for task(s) may be modified upon mutual agreement between the two parties, but in any event, the total payment to CONSULTANT shall not exceed $24,957. Vill INDEPENDENT CONTRACTOR STATUS The relation created by this Agreement is that of owner-independent contractor. The CONSULTANT is not an employee of the CITY and is not entitled to the benefits provided by the CITY to its employees. The CONSULTANT, as an independent contractor, has the authority to control and direct the performance within the Scope of Service. The CONSULTANT shall assume full responsibility for payment of all Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax. Vill EMPLOYMENT Employees of the CONSULTANT, while engaged in the performance of any work or services under this Agreement, shall be considered employees of the CONSULTANT only and not of the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third party as a 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 to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. In performing this Agreement, the CONSULTANT shall not employ or contract with any CITY employee without the CITY's written consent. IX NONDISCRIMINATION The CONSULTANT shall conduct its business in a manner, which assures fair, equal and non-discriminatory treatment of all persons, without respect to race, creed or national origin, or other legally protected classification and, in particular, A. The CONSULTANT shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity/affirmative action requirements; and, B. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of nondiscriminatory requirements in hiring and employment practices and assuring the Page 3 of 13 service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. X SUBCONTRACTS A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. B. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for work to be performed pursuant to a subcontract, including procurement of materials and equipment, each potential sub-consultant or supplier shall be notified by the CONSULTANT of CONSULTANT's obligations under this Agreement, including the nondiscrimination requirements. X1 CHANGES IN WORK Other than changes directed by the CITY as set forth in Section I above, either party may request changes in the Scope of Services. Such changes shall not become part of this Agreement unless and until mutually agreed upon and incorporated herein by written amendments to this Agreement executed by both parties. X11 EXTRA WORK The CITY may desire to have the CONSULTANT perform work or render services in connection with this Agreement, in addition to the Scope of Services set forth in Exhibit A and minor revisions to satisfactorily completed work. Such work shall be considered as "Extra WbrW' and shall be addressed in a written supplement to this Agreement. The CITY shall not be responsible for paying for such extra work unless and until the written supplement is executed by both parties. XIII TERMINATION OF AGREEMENT A. The CITY may terminate this Agreement at any time upon not less than ten (10) days written notice to the CONSULTANT. Written notice will be by certified mail sent to the CONSULTANTS designated representative at the address provided by the CONSULTANT. As a condition precedent to termination for cause the CONSULTANT shall be given the notice period to cure such cause and shall have failed to so cure. B. In the event this Agreement is terminated prior to the completion of the work, a final payment shall be made to the CONSULTANT, which, when added to any payments previously made, shall compensate the CONSULTANT for the work completed. C. In the event this Agreement is terminated prior to completion of the work, documents that are the property of the CITY pursuant to Section 11 above, shall be delivered to and received by the CITY prior to transmittal of final payment to the CONSULTANT. XIV INDEMNIFICATION/HOLD HARMLESS CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, employees and Page 4 of 13 volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the CONSULTANT in performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY. 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, the CITY, and the officers, officials, employees, and volunteers of either, 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. XVINSURANCE 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, its agents, representatives, employees or subcontractors. No Limitation. CONSULTANT'S maintenance of insurance as required by the Agreement 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. A. MINIMUM SCOPE OF INSURANCE Consultant shall obtain insurance of the types described below: 1. Automobile Li bili 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. Comm ergill Qeneral Li bili insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The CITY shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the CITY. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. 13. MINIMUM AMOUNTS OF INSURANCE Consultant shall maintain the following insurance limits. - Page 5 of 13 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 Li iii insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. OTHER INSURANCE PROVISION The CONSULTANT'S Automobile Liability and Commercial General Liability insurance policies are to contain, or be 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 CONSULTANT'S insurance all not contribute with it. D. 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 CONSULTANT 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 CONSULTANT before commencement of the work, F. NOTICE OF CANCELLATION The CONSULTANT shall provide the CITY with written notice of any policy cancellation, within two business days of their receipt of such notice. G. FAILURE TO MAINTAIN INSURANCE Failure on the part of the CONSULTANT 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 CONSULTANT 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 CONSULTANT from the CITY. XV1 APPLICABLE LAW This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute the venue of any litigation brought hereunder shall be Clallarn County. XVII EXHIBITS AND SIGNATURES This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following exhibits are hereby made a part of this Agreement: Page 6 of 13 Exhibit A--Scope of Services Exhibit B - Budget Exhibit C - Rate Schedule Exhibit D - Feb. 19, 2018 Letter Re: Topographic survey along 10th St. between l and N Street XW'lll This Agreement is effective and binding as of the date for the last signature affixed below. WENGL R SURVEYING&MAPPING CITY F- RT AN ELES Printed Names�. ��� � '�� Printed Name: Ttle. Title. Date: 2 -2 o- fete: � APPROVED ATO , �. � .., u .. Printed Name: _ CrT°Y ATTCXZNEY Title: ATTEST: fate: z ,; ) 1 CLtRK "age 7 of 13 EXHIBIT A SCOPE OF SERVICES This scope of services provides technical support to the City's engineering offices typical services include site surveys, construction surveys, pre-design surveys, record of survey, etc. Task 1, 10th Street Survey: Consultant shall perform a topographic survey in the vicinity of the 1 Oth Street Project through the intersections of I St. and N St. Further detail provided in attached Exhibit D. Task 2, Directed Services Surveying: CONSULTANT shall provide land survey services, such as topographic survey, construction survey/staking, and Record of Survey for the CITY's various utilities at the specific direction of authorized CITY staff. No such assistance or services shall be provided unless specifically directed by the CITY. The purpose of this task is to facilitate timely response by CONSULTANT to needs that are unforeseen at this time, END OF EXHIBIT Page 8 of 13 EXHIBIT B -- BUDGET CONSULTANT will perform the scope of work in Exhibit A on an hourly basis per Exhibit C -- Standard Rate Schedule. Task Budget 1. 1 Oth Street S u rvey $22,gr-7 1,7, �5] 2. Directed Services Surveying $2,000 1 Total Contract Amount $24,957 END OF EXHIBIT Page 9 of 13 EXHIBIT C — Rate Schedule 2018 Rate Schedule Consultant Labor Costs are shown on Page 3 of 3 Exhibit D. END OF EXHIBIT Page 1€7 of 13 : > EXHIBIT D - Feb. 19, 2018 Letter Wengler Surveying & Mapping James Wengler„ Professional Land Surveyor, Certified"Federal Surveyor (360)457-9600 East Eighth Street Fax(360)457-9556 Fort Angeles,Washington 95362 February 19, 2018 Jonathan Boehme,l'.E. City of Port Angeles Public Works 321 East; Fifth. Street Port Angeles,WA 95362 Re: Topographic survey along Tenth Street between "t"and "lel° Streets within the city of fort Angeles,Clallam. County, Washington. Dear Mr. Boehmer Thank you for requesting that Wengler Surveying& flapping submit a proposal for the above- mentioned topographic survey. I understand the purpose of this survey is to produce a topographic map along Tenth Street between 171 and"N" Streets within the Townsite of Port Angeles for the design and reconstruction of said Street. I also understand that there will be three distinct se rinents that will encompass this project. The first segment which has the highest priority is along Tenth Street between "M"Street and Westview Drive. The second segment is along Tenth Street between We tviewv Drive and"N"Street. Both these segments will require topographic mapping,the limits of which will be both 40 feet north and south of the monumented centerline of Tenth Street. The second segment will also include an. area approximately 100 feet westerly of"N"Street within the north half of the Tenth Street and within a portion of Suburban Lit 47 to map an existing drainage structure. The third segment is also along Tenth Street between 1' and "M" Streets. This area will only require topographic mapping between the existing curbs. Additional mapping will be performed at the intersections of both "K" and"L" Streets to map the existing pavement up to 70 feet north and south of the existing centerline of Tenth. Street. The location of an existing sanitary manhole along with its invert elevations will be mapped at the intersection of Eleventh and "L" Streets. Page 1 of 3 Page 11 of 13 The centerline monuments along this segment will be searched for and mapped. No existing property comer monuments abutting this segment will be searched for or inventoried since the proposed construction is not anticipated to go outside the existing curb. The location of any utilities marked on the ground by representatives of various utility companies based on calling the Northwest Utility Notification Center at: 1-800424-5555 (or 8l 1)will be mapped and shown on the final topographic survey for all three segments. All monuments of record along the centerline and right-of-way will be searched for and mapped for inventory purposes along segments I and 2. The purpose of the monument inventory will be for making an application for temporary removal or destruction of said monuments with the Department of Natural Resources pursuant to Chapter 32-120 WAC. No record of survey will be produced under this phase of the contract since you are not anticipating setting any new monuments or requesting any boundary determinations. However, a permit will be prepared showing any monuments that may be suspect of temporary removal or destruction in conformance with the requirements of Chapter 332-120 WAC, The monuments suspected of temporary removal or destruction will be identified by the City of Port Angeles based on their project design mid transinitted to the Surveyor for inclusion in the permit. The results of said design may require the resetting of specific centerline monuments,which may require a filing of a record of survey showing the replacement of these monuments. In some instances the monument can be preserved and a new monument case can be installed at the new surface after paving,without recording a record of survey. This proposal includes performing the following professional services. Job setup, research and prepare data for field crews: Research existing survey records and prepare and set tip job files. Search positions of record monuments will be calculated based on the these surveys and computed to aid the field crew in recovering any existing boundary monuments. "1'he Horizontal Datum used for this survey will be based oil the 1991 adjustment of the Washington Coordinate System Grid, North American Datum of 1.983 (NAD83/91). The Vertical Datum used for this survey will be the North Americaii Vertical Datum of 1983 (NAVD83) per city ordinance. Field Work: Rim a control traverse from existing control points in the vicinity of the project to and through all of the record centerline and lot comer monuments. All found right-of-way monuments will be marked with a 4 foot tall wood lath next to said monument to aid in their protection. The purpose of this traverse is to search for and verify any existing monuments that define the boundaries of the right-of-way for the purpose of inventorying said monuments for protection from destruction during construction activities. In addition,this control traverse will be used to establish temporary horizontal and vertical control points(bench marks) in the vicinity of the project and to niap,the topography and utilities marked on the ground. Page 2 of 3 Page 12 of 13 EXHIBIT B2 Budget Breakdown Tasks Original Contract Amendment 1 Amendment 2 Totals 1. 10th Street Survey (13 10-7930-595.65-1 0)(TR I 100) $ 22,957.00 $ - $ 4,089.00 $ 27,046.00 2. Directed Services (To be Determined) $ 2,000.00 $ - $ - $ 2,000.00 3. Liberty Street Water Main Survey (4S2-7388-594.65-10)(WT0111) $ - $ 13,455.00 $ 2,500.00 $ 15,955.00 4. H Street Stormwater Outfall Survey (456-7688-594.65-10)(DR0213) $ - $ 4,904.00 $ - $ 4,904.00 Total $ 49,905.00 END OF EXHIBIT CONTRACT NO PSA -2018-03, AMENDMENT NO. 2 [FORM REVISED 7/2017] Page 3 ol'3 amended from $43,316 to $49,905, an increase of $6,589. The budget for any Task may be further adjusted by mutual agreement without an amendment to the Agreement, as long as the maximum compensation amount of $49,905 is not exceeded. IV EXHIBITS AND SIGNATURES This Amendment together with the original Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings., and may only be changed by written amendment executed by both parties. The following exhibits are hereby made part of the Amendment. Exhibit B2 - Budget Summary SECTION 3 Except as modified herein, the original AGREEMENT is confirmed and ratified. In WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 to the Agreement as of the date and year of the last signature affixed below. CITY OF PORT ANGELES By: -A& City Manager Date: 3o. 1 ATTEST: Qs n ,t ®®. Kari Martinez -Bail ity Jerk APPROVED AS TO %FOR,4:f} ° 17 William E. Blo4, City Attorney CONTRACT NO PSA -2018-03. AMENDMENT N0. 2 [FORM REVISED 7/2(.117] WENGLER SURVEYING & MAPPING By: Printed Name: J-QV/Y1,2--, "C41 Title: Date:/A, // 7 /19 9 By: 4C-- - Printed Name: E d I -e" Title: Cut r- e -r Date: /,;', / /7 1E 8 Pau 2 of3 ° AMENDMENT NO. 2 TO THE SERVICE AGREEMENT BETWEEN . THE CITY OF PORT ANGELES AND �PKS ANO WENGLER SURVEYING & MAPPING PSA -201.8-03 RELATING TO: 2018 SURVEYING SERVICES THIS AMENDMENT NO. 2 is made and entered into by and between THE CITY OF PORT ANGELES, a non -charter code city and municipal corporation of the State of Washington, (hereinafter called the "CITY") and JAMES WENGLER , and ELLEN WENGLER, dba WENGLER SURVEYING & MAPPING, a sole proprietorship authorized to do business in the State of Washington (hereinafter called the "CONSULTANT"). NOW, THEREFORE, in consideration of the representations and the terms, conditions, covenants and agreements set forth in the original AGREEMENT and this AMENDMENT, the parties hereto agree as follows: SECTION 1 The CITY entered into the existing AGREEMENT with the CONSULTANT on 2/23/2018, (the AGREEMENT), and amended the AGREEMENT on 7/9/2018. SECTION 2 REVISED SCOPE OF WORK No change. II TIME OF PERFORMANCE The CITY requires additional time for professional services to be provided by the CONSULTANT on tasks related to land survey services; such as topographic survey, construction survey/staking, and Record of Survey for the CITY's various utilities at the specific direction of authorized CITY staff. The time of performance in Section IV of the AGREEMENT is amended to read: The duration of the Agreement shall extend through December 31, 2019. III MAXIMUM COMPENSATION The CONSULTANT'S total compensation and reimbursement for this Amendment are stated in the attached Exhibit 132 of this Amendment. Exhibit B and Exhibit B I are superseded by Exhibit 132. The maximum compensation amount, referenced in Section VI of the Agreement, is CONTRACT NO PSA -2015-03, AMENDMENT NO. 2 [FORM REVISED 713017] Page I of3 Lines of occupation such as fences and other improvements encroaching onto the right-of-way will be mapped and shown on the final topographic survey for segments I and 2. Data Processing: Reduce field measurements to verify the positions of all monuments found. Produce topographic survey ma Produce a final map on 24" x 36" sheets at an appropriate scale to show necessary detail. Said survey will show the location of all recovered monuments,the location of utilities and contours at one foot intervals along with spot elevations at key,points. Defiverables,will include the digital AutoCAD drawing along with a surface model and point node file in xml format. One final sealed and signed bard copy map will also be delivered, Prepare Tem porary destruction or Removal pgrmit: Prepare and submit a permit with the Washington State Department of Natural Resources pursuant to Chapter 332-120 WAC based on feedback from the City of Port Angeles as to what monuments are suspect of being disturbed or removed during this project. For these professional services, I have prepared the following estimate. ES I IMATE OF PROP OVAL SERMICE CHMONS FOR THE CETT Of PORT ANGELES(TEMM STREET) ESTIMATED HOURS HOURLY RATE COST PRE-FIELD OFFICE WORK RESEARCH 4 $90.00 $360.00 JOB SE71JP 1 $90.00 $90.00 CALCULATIONS 8 $90.00 $720.00 FIELD WORK CONTROL.TRAVERSE 20 $125.00 $2,500.00 TOPOGRAPHIC MAPPING"rT TO-M-ST(CURB TO CURB) 30 $125.00 $3,750.00 TOPOGRAPHIC MAPPING""M""ST TO"N'ST(RW TO RW) 75 $125.00 $9,375.00 POST FIELD OFFICE WORK DATA PROCESSING(REDUCE NOTES) 6 $90.00 $540= DRAFT TOPOGRAPHIC SURVEY 32 $90.00 $2,880= PREPARE DNR PERMIT PER WAC 332-420 8 $90.00 $720.00 CONTINGENCIES 10% $2,021.50 TOTAL $22,956.50 We appreciate this opportunity and look forward to working with you. Sincerely, /' y James Wengler,PLS, CFedS Page 3 of 3 Page 13 of 13