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HomeMy WebLinkAbout5.438 Original Contract 6.-sij8' AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND NORTHWESTERN TERRITORIES INC. RELATING TO: INSPECTION AND TESTING SERVICES FOR DOWNTOWN WATER MAIN AND SIDEWALK REPLACEMENT PROJECT 94-22 THIS AGREEMENT is made and entered Into this ~ay Of~ IlL..- IV TIME OF PERFORMANCE , 1997, by and between THE CITY OF PORT -q- ANGELES, a non-charter code city of the State of Washington. The CONSULTANT may begin work upon execution of this Agreement by (hereinafter called the "CITY") and NORTHWESTERN TERRITORIES, both parties. The work shall be completed as directed by the City INC. a Washington Corporation (hereinafter called the "CONSULTANT') Engineer or deSignated representative thereof. WHEREAS, the CITY desires engineering Inspection and testing services for City Public Works Project 94-22 WHEREAS, the CITY desires to engage the professional serviceS and assistance of a qualified consulting firm to perform the scope of work 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. expenence, 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 appropnate 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: SCOPE OF WORK The scope of profeSSional services to be performed and the results to be achieved by the CONSULTANT shall be as detailed In the attached ExhIbit A, and shall Include all serviCes and matenal necessary to accomplish the work The CITY may review the CONSULTANTS work product, and If It IS not satisfactory, based on the cntena set forth In Exhibit A, the CONSULTANT shall make such changes as may be required by the CITY Such changes shall not constitute "Extra Work" as related In Section XI of thiS Agreement. The CONSULTANT agrees that all serviCes performed under thiS Agreement shall be In accordance with the standards of the profeSSion and In compliance with applicable federal, state and local laws. The Scope of Work may be amended upon written approval of both parties II OWNERSHIP OF DOCUMENTS Upon completion of the work, all documents, exhibits, photographic negatives, or other presentations of the work shall become the property of the CITY for use Without restnctlon and Without representation as to SUitability for reuse by any other party unless specifically venfied or adapted by the CONSULTANT However, any alteration or reuse of the documents, by the City or by others acting through or on behalf of the City, will be at the CIty'S sole nsk III DESIGNATION OF REPRESENTATIVES Each party shall designate Its representatives In wntlng The CONSULTANTS representative shall be subject to the approval of the CITY. 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, matenals, supplies, equipment and inCidentals necessary to complete the work A Payment shall be on the baSIS of the CONSULTANTS cost for actual labor. overhead and profit plus CONSULTANTS direct non- salary reimbursable costs as set forth In the attached Exhibit B. 1. Labor costs shall be based on the hourly rates shown In Exhibit B 2. The direct non-salary reimbursable costs are those directly Incurred In fulfilling the terms of thiS Agreement, Including, but not limited to, travel, subsistence, telephone, CADD computer. reproduction and pnnting, supplies and fees of outSide services and consultants. Ten percent (10%) overhead and profit may be added to direct non-salary reimbursable costs 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 Work 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. o 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 upon the completion of the work and acceptance by the CITY F. Payment for "Extra Worl<' performed under Section XI of this Agreement shall be as agreed to by the parties In wnting VI MAXIMUM COMPENSATION Unless otherWIse agreed to In writing by both parties, the CONSULTANTS total compensation and reimbursement under thiS Agreement, Including labor, direct non-salary reimbursable costs and outSide services, shall not exceed the maximum sum of $32 400 00 VII 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 City of Port Angeles - June 1997 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 CONSULTANTS 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 wrrtten consent VIII NONDISCRIMINATION The CONSULTANT shall comply With all applicable federal, state and CITY nOndiSCrimination regulations and WIth the CITY'S Equal Opportunity/Affirmative Action clause, which IS set forth In the attached Exhibit E. IX SUBCONTRACTS A The CONSULTANT shall not sublet or assign any of the work covered by this Agreement WIthout the wrrtten consent of the CITY. B. The CONSULTANT Will be uSing the firms submrtted WIth Its proposal as subcontractors. Subcontractors other than those listed shall not be permrtted WIthout the written consent of the CITY. C 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 subconsultant or supplier shall be notified by the CONSULTANT of Consultant's obligations under thiS Agreement, Including the nOndiSCrimination requirements X 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 work Such changes shall not become part of thiS Agreement unless and until mutually agreed upon and incorporated herein by wrrtten amendments to thiS Agreement executed by both parties XI EXTRA WORK The CITY may deSire to have the CONSULTANT perform work or render services In connection With this proJect, in addition to the Scope of Work set forth In Exhibit A and minor revIsions to satisfactorily completed work Such work shall be conSidered as "Extra Wort(' 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 XII TERMINATION OF AGREEMENT A. The CITY may terminate thiS Agreement at any time upon not less than ten (10) days wrrtten notice to the CONSULTANT. Written notice Will be by certified mall sent to the consultant's deSignated representative at the address prOVided by the CONSULTANT. 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 percentage of 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 II above, shall be delivered to and received by the CITY prior to transmittal of final payment to the CONSULTANT XIII INDEMNIFICATION/HOLD HARMLESS The CONSULTANT agrees to Indemnify the CITY from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs, arising out of claims by third parties for property damage and bodily InJUry, Including death, caused solely by the negligence or Willful misconduct of the CONSULTANT, CONSULTANT employees, affiliated corporations, officers, and subcontractors In connection WIth the work performed under thiS Agreement The CITY agrees to Indemnify the CONSULTANT from any claims, damages, losses, and costs, including, but not limited to, attomey's fees and litigation costs, arising out of claims by third parties for property damage and bodily InJUry, Including death, caused solely by the negligence or Willful misconduct of the CITY, CITY's employees, or agents In connection WIth the work performed under thiS Agreement If the negligence or Willful misconduct of both CONSULTANT and CITY (or a person Identified above for whom each is liable) IS a cause of such damage or InJUry, the loss, cost, or expense shall be shared between the CONSULTANT and the CITY In proportion to their relative degrees of negligence or Willful misconduct and the right of Indemnity shall apply for such proportion. 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 anslng 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 CONSULTANTS liability hereunder shall be only to the extent of the CONSULTANTS negligence. It IS further specifically and expressly understood that the Indemnification prOVided herein constitutes the CONSULTANTS 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 However, the CONSULTANT expressly reserves Its rights as a third person set forth In RCW 51.24.035. XIV 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, its agents, representatIVes, employees or subcontractors. The CONSULTANT shall prOVide a Certificate of Insurance eVidenCing' 1. Automobile Liabllilv insurance with limits no less than $1,000,000 combined Single limit per aCCident for bodily Injury and property damage, and, 2. Commercial General Liabllitv insurance wrrtten on an occurrence baSIS With limits no less than $1,000,000 combined Single limit per occurrence and $2,000,000 aggregate for personal Injury, bodily injUry and property damage. Coverage shall Include but not be limited to blanket contractual, products/completed operations, broad form property damage; explOSion, collapse and underground (XCU) if applicable; and employer's liability, and, 3 ProfeSSional liability insurance With limits no less than $1,000,000 limit per occurrence Any payment of deductible or self insured retention shall be the sole responSibility of the CONSULTANT The CITY shall be named as an additional Insured on the Commercial General liability Insurance policy, as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the CITY as additional insured shall be attached to the Certificate of Insurance The CITY reserves the right to review a certified copy of all required Insurance poliCies in the CONSULTANTs office. The CONSULTANTS Insurance shall contain a clause stating that coverage shall apply separately to each Insured against whom claim is made or suit IS brought, except WIth respects to the limits of the insurer's liability. The CONSULTANTS Insurance shall be pnmary Insurance as respects the CITY, and the CITY shall be given thirty (30) days prior wrrtten notice of any cancellation, suspension or matenal change In coverage City of Port Angeles - June 1997 XV 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 Clallam County XVI EXHIBITS AND SIGNATURES This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all pnor written or oral understandings, and may only be changed by a wrlllen amendment executed by both parties The follOWIng exhlbrts are hereby made a part of this Agreement Exhibit A - Scope of Work Exhibit B - Consultant Labor Costs Exhibit E - Equal OpportUnity/Affirmative Action/Facilities Nondiscrimination In WITNESS T~6QF:. the parties hereto have executed this ent as o~he day an ear first W1nlten above , /" F PORT ANGELES C09? 977f:L TITLE Pre 5'( d ~ r AS TO FORM: 'vJ~ ATTEST: h~ ~ ~+-hc"- BECKY UPT CI LERK DISC. N.\PROJECTS\94-22WM\CONSUL T\NTIAGR GWK PW-0410_01.wpd ,"- '- -, :' " ,::\ ~ \ City of Port Angeles - June 1997 EXHIBIT E EQUAL OPPORTUNITY/AFFIRMATIVE ACTION/FACILITIES NONDISCRIMINATION (The following clause is applicable unless, and to the extent that, this contract is exempt under the rules, regulations, and relevant orders of the Secretary of labor, including 41 CFR, Ch. 60.) During the performance of this contract, the Consultant/Contractor agrees as follows: a The Consultant/Contractor will not diSCriminate against any employee or apphcant for employment because of race, color, rehgion, sex, Vietnam era veteran status, disabled veteran condlllon, physical or mental handicap, or nallonal origin The Consultant/Contractor Will take affirmallve acllon to ensure that apphcants are employed, and that employees are treated dUring employment, without regard to their race, color, rehglon, sex, or national origin The Consultant/Contractor WIll take affirmative action to employ, advance in employment, and otherWIse treat quahfied special disabled or Vietnam era veterans and handicapped Individuals WIthout diSCrimination based upon their disability or veterans' status or physical or mental handicap In all employment actions Such actions shall Include, but not be hmlted to, the follOWIng. employment, upgrading, demotion, or transfer; recruitment or recruitment advertiSing; layoff or termination; rates of payor other forms of compensallon, and selecllon for training, Including apprenticeship The Consultant/Contractor agrees to post In conspIcuous places, available to employees and apphcants for employment, nollces to be prOVided by the local United States Department of Labor Office setting forth the provIsions of thiS Equal Opportunity/Affirmative Action clause b. The Consultant/Contractor will, In all sohcltallons or advertisements for employees placed by or on behalf of the Consultant/Contractor, state that all quahfied apphcants WIll receive conSideration for employment WIthout regard to race, color, rehgion, sex, physical or mental handicap, or national Origin, and that the Consultant/Contractor is under the legal obhgatlon to take affirmallve action to employ, advance In employment, and otherWIse treat quahfied special disabled or Vietnam era veterans and handicapped IndiViduals WIthout diSCrimination based upon their disability or veterans' status or physical or mental handicap In all employment actions All SUitable employment openings eXlsllng at contract award or occurring dUring contract performance Will be hsted at the state employment source office In the locality where the opening occurs, prOVided that thiS hstlng requirement shall not apply to openings that the Consultant/Contractor Intends to fill from WIthin ItS own organlzallon or under a customary and traditional employer-union hiring agreement c The Consultant/Contractor Will send to each labor union or representative of workers With which he has a collecllve bargaining agreement or other contract or understanding, a nollce, to be prOVided by the agency Contracting Officer, adVISing the said labor union or workers' representative of the Consultant/Contractor's commitments under thiS Equal Opportunity/Affirmative Action clause, and shall post COpies of the notice In conspIcuous places available to employees and apphcants for employment d The Consultant/Contractor Will comply With all provIsions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, Including, but not hmlted to, the rules, regulallons and orders Issued by the ; Secretary of Labor under the Vietnam Era Veterans' Readjustment , ASSistance Act of 1972, and the Rehablhtatlon Act of 1973 (29 USC ,; 793), as amended. e. The Consultant/Contractor Will furnish alllnformallon and reports required by Executive Order No 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and Will permit access to hiS books, records, and accounts by the contracting agency and the Secretary of labor for purposes of invesllgatlons to ascertain comphance with such rules, regulations and orders. The Consultant/Contractor WIll not, on grounds of race, color, religion, sex, phYSical or mental handicap, or nallonal origin: Deny an IndiVidual any services or other benefits prOVided under thiS agreement; 2 PrOVide any servlce(S) or other benefits to an Individual which are different, or are prOVided In a different manner from those prOVided to others under thiS agreement; 3 Subject an IndiVidual to segregation or separate treatment In any manner related to the receipt of any servlce(s) of other benefits prOVided under thiS agreement, 4. Deny any IndiVidual an opportUnity to participate in any program prOVided by thiS agreement through the provIsion of services or otherwise, or afford an opportunity to do which IS different from that afforded others under thiS agreement The Consultant/Contractor, In determining (1) the types of serviCes or other benefits to be prOVided or (2) the class of IndiViduals to whom, or the situation In WhiCh, such services or other benefits Will be prOVided or (3) the class of IndiViduals to be afforded an opportUnity to partiCipate In any services or other benefits, WIll not utlhze criteria or methods of administration which have the effect of subjecting IndiViduals to diSCrimination because of their race, color, sex, rehglon, national origin, creed, or the presence of any sensory, mental or physical handicap g In the event of Consultant/Contractor noncompliance WIth the nOndiSCrimination reqUirements of thiS contract or WIth any of the said rules, regulations, or orders, thiS contract may be canceled, terminated or suspended, In whole or In part, and the Consultant/Contractor may be declared Ineligible for further government contracts In accordance with procedures authorIZed In Executive Order No 11246 of September 24, 1965, and such other sanctions may be Imposed and remedies invoked as prOVided In Executive Order No 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherWIse prOVided bylaw. h The Consultant/Contractor will Include the provIsions of paragraphs a through g In every subcontract unless exempted by the rules, regulations, or orders of the Secretary of Labor. City of Port Angeles - June 1997 ViJ;IJ'&';~1 .10;"U VJ{!lJ 4l)l ~41:H' NT! ENG.& SURVEY ~OOl EXHmIT A NORTHWESTERN TERRITORIES, INC. NT' En91f1WS . Land SUfWYD/$ . Planners Construe/Ion Ccomnatlon . MaffliR!$ T,~ting FAX Memo - May 2, 1997 - 417-4709 - 2 sheets To: Gary Kenworthy, PE From: Robert A. Leach, PE Re: Downtown Waterma1n & Sidewalk Replacement Attached is a composite rate schedule that I ha~e made up from our Qsut!ll Scbec1ules "An and "J:;JH. The single sheet version i~ much easier to see and use. Per our discuss1ons, it 1s not possible to identify how this work would proceed as 1~ is dependent upon the contractor's schedule. An approzimation can be made as follows: Assumptions: · Testing' inspect10n only (very little surveying needed) 180 ~ay contract Inspector/tester needed at 90% of days · Average time at project ~ 4 hours/day Average charge rate . S50/Hr Approximate Cost = (180)(O.9){4)($50) = $32,400 This seems like a pretty big number but it is only about 3' Wh1Ch isn't bad tor a project of this s1ze and complexity. proceed on a time and materials haBes since the contractor will be in charge of the schedule and budget 4%-5% for field eng1ne.~1ng of all types. 117 SOUTH PEABODY, PORT ANG~U.::i. WA VlI352 (360) 452-6491 1-80Q.654.5545 FAX 452-8498 , EXHIBIT "B" CITY OF PORT ANGELES DOWNTOWN WATERMAIN & SIDEWALK REPLACEMENT RATE SCHEDULE AND BILLING PROCEDURES CATEGORY OF SERVICE HOURLY RATE By Staff Type: PRINCIPAL ENGINEER/SURVEYOR SENIOR ENGINEER/SURVEYOR PROJECT ENGINEER/SURVEYOR SENIOR TECHNICIAN TECHNICIAN II . . . TECHNICIAN I TECHNICAL ASSISTANT $ 75.00 $ 65.00 $ 60.00 $ 55.00 $ 50.00 $ 45.00 $ 35.00 By Function (overrides staff type): CONSTRUCTION SURVEYING 2-PERSON CREW CONSTRUCTION SURVEYING 3-PERSON CREW DRAFTING . . . . . . . INSPECTOR . . . . . . . COMPUTER AIDED DRAFTING COMPUTER AIDED DESIGN COURT TESTIMONY . . . . $110.00 $140.00 $ 40.00 By Staff Type $ 50.00 $ 55.00 $100.00 Laboratory Services: CONCRETE, MORTER OR GROUT COMPRESSION TEST MOISTURE-DENSITY RELATIONSHIP (PROCTOR) TEST SIEVE ANALYSIS . . . . . . . . . . . . . SIEVE ANAYSIS WITH SAND EQUIVALENCY TEST $ 25.00 Each Time & Materials $100.00 Each $150.00 Each Notes 1. Mlni~u~ fee for professional services is one hour for office consultation and field surveying, two hours for field consultatlon and four hour for court testi~ony. 2. Non-salary rei~bursable expenses will include the following ite~s: a. Out-of-town travel and liVlng expenses related to the project. Travel ti~e shall be hourly per rates listed above. b. Ite~s outside of general overhead costs such as speCial legal and accounting expenses, special consultants, backhoe services, laboratory charges and printing and binding at 10% above actual cost. c. Reproduction costs directly related to the project such as blue printing, copying, photostatting services, etc d. Work in excess of eight hours per day is to paid at ti~e and one-half, Sundays and Holidays at double ti~e. Travel in excess of eight hours will be paid at regular full- ti~e rates listed above.