HomeMy WebLinkAbout5.878 Original ContractAGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF PORT ANGELES
AND
NORTH SKY COMMUNICATIONS
PROJECT CL0607
RELATING TO: OVERHEAD POWER LINE RELOCATIONS
THIS AGREEMENT is made and entered into this day of October, 2009, by and
between THE CITY OF PORT ANGELES, a non- charter code city of the State of
Washington, (hereinafter called the "CITY ") and NORTH SKY COMMUNICATIONS,
INC., a Washington Corporation (hereinafter called the "CONSULTANT').
WHEREAS, the CITY desires engineering, consulting, and planning assistance related
to reconstruction of overhead distribution and transmission power lines, and
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, 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:
1 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 material necessary to accomplish the work.
The CITY may review the CONSULTANT'S work product, and if it is not satisfactory, 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.
The CONSULTANT agrees that all services performed under this Agreement shall be in
accordance with the standards of the engineering profession and in compliance with
applicable federal, state and local laws.
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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
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 the duration of the Agreement shall extend through December 31, 2010. The initial
design and bid package described in Exhibit A shall be completed by January 31, 2010
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 CONSULTANTS cost for actual labor,
overhead and profit plus CONSULTANT'S direct non - salary reimbursable costs for
an amount not to exceed the proposal in the attached Exhibit B
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
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.
F Payment for "Extra Work" performed under Section XII of this Agreement shall be
as agreed to by the parties in writing.
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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
$29,830.00
VII INDEPENDENT CONTRACTOR STATUS
The relation created by this Contract is that of owner - independent contractor. The
Contractor is not an employee of the City and is not entitled to the benefits provided by
the City to its employees. The Contractor, as an independent contractor, has the
authority to control and direct the performance of the details of the services to be
provided. The Contractor shall assume Bali 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.
VIII 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, shalt 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
non discriminatory requirements in hiring and employment practices and assuring
the 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.
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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 subconsultant or supplier
shall be notified by the CONSULTANT of Consultant's obligations under this
Agreement, including the nondiscrimination requirements
XI 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 written
amendments to this Agreement executed by both parties.
X1I 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 Work" 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 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 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 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
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1
and damages caused by the sole negligence of the CITY
The CITY agrees to indemnify the CONSULTANT 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 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 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
shalt 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.
XV 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
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 shaii 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, and,
2 Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 and shall cover liability arising from premises, operations, independent
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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; and,
3. Workers' Compensation coverage as required by the Industrial Insurances laws of
the State of Washington; and
4. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance
Consultant 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 Tess
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 Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability, Professional Liability and Commercial General
Liability insurance:
1. The Consultant's insurance coverage 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 and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled, suspended or materially changed by either party, except
after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City
3. Any payment of deductible or self - insured retention shall be the sole
responsibility of the CONSULTANT.
4. The CONSULTANT'S 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.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A:VII.
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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.
XVI 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.
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:
Exhibit A - Scope of Work
Exhibit B — Consultant Proposal
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first written above.
CITY OF PORT ANGELES APPRQVED AS TO FO
WILLIAM E. BLOOK, CITY
i6Lc��u�/ t �� �a—a
MAYOR
ATTORNEY
CONSULTANT
TITLE: CD.
•
Page 7 of 7
ATTEST:
JAWSSA HURD, CITY CLERK
Exhibit A
Scope of Work
Design upgrade for approximately one mile of existing 69 kV overhead power transmission fine from
the City of Port Angeles College Substation to Washington Substation, and remove an existing
parallel 69 kV line between these substations. Line to be rebuilt has some 12 kV distribution
underbuild that will remain. Existing wood poles shall be inspected as part of this consulting contract,
and new fiberglass poles shall be specified where pole condition indicates replacement may be
required within 10 years. New line shall be designed for operation at 115kV, and new 69 kV
conductor shall be 556 ACSR.
Consultant shall provide a complete set of construction drawings, pole framing details, technical
specifications, and estimated construction cost for this construction Provide two full size hard copies,
three half -size hard copies, and all material in electronic format.
floc
September 18, 2009
City of Port Angeles
Public Works & Utilities Department
P O Box 1150
Port Angeles, WA 98362 -0217
Attn. Terry Dahlquist, P.E.
Subject Contract Proposal, Electrical Engineering Services
69kV Overhead Line Rebuild / Reconductor
North Sky Communications
Providing Electrical Engineering & Consulting
Dear Mr Dahlquist:
Per your meetings with Chris Roethle, you requested that North Sky create an engineering proposal for
the 69kV rebuild / reconductor of the existing overhead circuit between College and Washington
substations for approximately one mile. The project is located with the City of Port Angeles. The following
sections contain a description of the project and our proposed scope of services and with a not to exceed
hourly fee structure
SCOPE OF SERVICES
Task 1: Engineering Development
North Sky's engineering design will include the use of 115kV insulation and design standards using 556 4
ACSR conductors, with 115kV class insulators. North Sky will make route recommendations between the
College and Washington substations based on cost and constructability. North Sky's engineering will also
incorporate the removal of the parallel line.
North Sky, as part of this scope, will inspect and analyze the poles to determine overall conditions and life
expectancy, however if required at the request of the City of Port Angeles engineer of North Sky's
engineer, the City of Port Angeles will provide the professional personnel and a crew support for core
drilling the pole butts below grade and provide core samples along with pole top inspections where
necessary. Any poles that require replacement due to age or pole which will require replacement within
ten years will be replaced with new fiberglass poles.
Task 2: Design
North Sky's design will include plan and elevation views, general and specific construction notes,
electrical circuit schematics and technical tables including sag and tension and. This design will be
stamped by our registered electrical engineer It will be delivered as construction ready prints with a
detailed material list. A preliminary design submittal will be provided to you for your review and approval;
after which the final electrical design will be completed Upon completion of the design, North Sky will
provide the city with a 2 full size sets drawings and a CD with electronic fifes and drawings in Auto Cad
2009. You can expect a great level of detail and thoroughness with our engineering design.
MSC will provide pole framing details, construction sequence and an engineer's construction estimate.
Our services will also incorporate the necessary meetings, interface and coordination with the City of Port
Angeles. NSC will attend a pre - construction walk thru meeting if required.
FEES
For the scope of services outlined herein, we propose an hourly fee with a not to exceed fee equal to
$29,830 00 for above tasks.
1303 Central Ave South Suite 201 • Kent, WA 98032 • Office: (253)520 -3488 • Fax: (253)520-3985
Please note that since this is a rebuild of an existing circuit and the poles are currently in use the North
Sky design will not include a detailed profile. We do not anticipate the need for surveying support,
however, if the need comes up the scope and costs will be negotiated in advance with the City of Port
Angeles at their expense. Any additional services not included in the above referenced scope of services
will be billed at our hourly rate.
I trust this engineering proposal meets your expectations If you are satisfied with this proposal and
scope of work, please contact us at your earliest convenience and we will be pleased to forward an
engineering services contract to your offices. Please don't hesitate to call if there are questions or
concerns. North Sky appreciates the opportunity to provide any engineering services or assistance
Sincerely,
NORTH SKY COMMUNICATIONS, INC.
Engineering Services Division
Barry Eronson,
Director of Engineering
CC: New Business Development
- Page 2 of 2 -
1303 Central Ave South Suite 201 • Kent, WA 98032 • Office: (253)520-3488 • Fax: (253)520 -3985
RELATING TO: THE CITY'S ELECTRIC DISTRIBUTION SYSTEM
THIS AMENDMENT NO. 1 is made and entered into this C day of
2010, by and between THE CITY OF PORT ANGELES, a non- charter code city of the State of
Washington, (hereinafter called the "CITY ") and North Sky Communications, Inc., a
Washington Corporation (hereinafter called the "CONSULTANT ").
WHEREAS, the CITY entered in to an AGREEMENT with the CONSULTANT on October 26,
2009, (the AGREEMENT) and
WHEREAS, the CITY desires to amend the AGREEMENT to amend the Scope of Work,
Budget, and Time of Performance.
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:
I THE AGREEMENT IS HEREBY AMENDED AS FOLLOWS:
A. REVISED SCOPE OF WORK
AMENDMENT NO. 1 TO THE
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF PORT ANGELES
AND
NORTH SKY ENGINEERING, INC.
PROJECT CL0607
5;1 7
The professional services to be performed and the results to be achieved by the
CONSULTANT shall include the additional services described in the Exhibit A, attached to this
AMENDMENT, together with all services and material necessary to accomplish that additional
work.
B. TIME OF PERFORMANCE
The performance period shall be extended through October 31, 2010.
C. MAXIMUM COMPENSATION
For full and complete performance of the additional services pursuant to this Amendment, the
CONSULTANT shall be paid additional compensation as stated in the Exhibit B attached to
this Amendment. 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
$46,830.00 is not exceeded.
Amendment No. 1 to North Sky Communications Agreement CL0607 Page 1 of 4
II RATIFICATION
The Agreement as amended herein, shall remain in effect and is hereby ratified and
confirmed.
In WITNESS THEREOF, the parties hereto have executed this Amendment No. I to the
Agreement as of the day and year first written above.
CITY OF PORT ANGELES:
NORTH SKY , INC.:
. �4,
TITLE: QcfrAjc
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
ait.wagyei,
ClryCLERK
Amendment No. 1 to North Sky Communications Agreement CL0607 Page 2 of 4
In addition to work described in Exhibit A of the original agreement, Consultant shall
provide the following services:
Design conversion of existing overhead 15kV line across Dry Creek on the Milwaukee
grade to underground. New underground shall connect existing cabinets on each side of
Dry Creek, utilizing proposed bridge across Dry Creek for Discovery Trail. Contractor to
coordinate with designers of bridge to provide conduits needed for crossing.
Design replacement of underground conductor on "0" Street, between 12 and 14
Streets. New cable to be equal in capacity to 350 MCM copper EPR cable.
Consultant shall provide a complete set of construction drawings, pole framing details,
technical specifications, and estimated construction cost for this construction. Provide two
full size hard copies, three half -size hard copies, and all material in electronic format.
Amendment No. 1 to North Sky Communications Agreement CL46U7
Page 3 of 4
Exhibit A
Scope of Work
G INEERIMG L$
A QUANTA SEANCES CCIMPANY
February 18, 2010 .
City of Port Angeles
Public Works & Utilities Department
P.Q. Box 1150
Port Angeles, WA 98362 -0217
Attn: Terry Dahlquist, P.E.
Subject: Proposal, Electrical Engineering Services
Dear Mr. Dahlquist:
Providing Electrical Engineering & Consulting
Per your meetings with Chris Roethle, you requested that North Sky Engineering create an
engineering proposal for the second part of the City of Port Angeles "Request for Proposal'
dated July 2009. Both portions of the second part are located within the City of Port Angeles.
The following sections contain a description of the project and our proposed scope of services
and with a not to exceed hourly fee structure.
SCOPE OF SERVICES
Task 1: Engineering Development
North Sky Engineering will produce an electrical design to convert one span of overhead
336AAC 600A non -fused distribution (feeder), for approximately 400' to underground. This
North Sky design will coordinate the design with the installation of a new pedestrian foot bridge.
Also on a separate engineering design North Sky will produce an electrical design to
replacement approximately 840' of existing 1/0 aluminum URD type cable with new 500kCMIL
aluminum cable utilizing the existing 5" Schedule 40 PVC conduit.
Task 2: Design
North Sky Engineering's design will include plan and elevation views, general and specific
construction notes, electrical circuit schematics and technical tables. This design will be
stamped by our registered electrical engineer. It will be delivered as construction ready prints
with detailed material list. A preliminary design submittal will be provided to you for your
review and approval; after which the final electrical design will be completed. Upon completion
of the design, North Sky will provide the city with a 2 full size sets drawings and a CD with
electronic files and drawings in AutoCad file format. You can expect a great level of detail and
thoroughness with our engineering design.
Our services will also incorporate the necessary meetings, interface and coordination with the
City of Port Angeles. North Sky Engineering will attend a pre - construction walk thru meeting if
required.
1303 Central Ave South Suite 201 • Kent, WA 98032 • Office: (253)520 -3488 • Fax: (253)520 -3985
FEES
For the scope of services outlined herein, we propose an hourly fee with a not to exceed fee
equal to $17,000.00 for above tasks.
Please note that any additional services not included in the above referenced scope of services
will be billed at our hourly rate.
I trust this engineering proposal meets your expectations. If you are satisfied with this proposal
and scope of work, please contact us at your earliest convenience and we will be pleased to
forward an engineering services contract to your offices. Please don't hesitate to call if there are
questions or concerns. North Sky appreciates the opportunity to provide any engineering
services or assistance.
Sincerely,
NORTH SKY ENGINEERING, INC.
..-B`k
Barry Eronson,
Director of Engineering
cc: BD, City of P.A.
- Page 2of2-
1303 Central Ave South Suite 201 • Kent, WA 98032 • Office: (253)520 -3488 • Fax: (253)520 -3985