HomeMy WebLinkAbout5.608 Original Contract t V to
Eo
AGREEMENT FOR PROFESSIONAL SERVICES F Ee vi0
iito
BETWEEN THE
THE CITY OF PORT ANGELES AND R. W. Beck, Inc.
RELATING TO: Engineering Services for Distribution Line Rebuild, Projects 22 -10 22 -11
THIS AGREEMENT is made and entered into thisTA0 2002, by and between THE CITY OF PORT
ANGELES, a non charter code city of the State of Washington, (hereinafter called the "CITY and R.
W. Beck, Inc. (hereinafter called the "CONSULTANT
WHEREAS, the CITY desires to develop a design for the rebuild of Distribution lines located on Valley
Street, and Milwaukee Drive, 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:
I 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 necessary to comply with applicable professional standards. 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 restriction and without representation as
to suitability for reuse by any other party unless specifically verified 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 risk.
City of Port Angeles [April, 2002]
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. The work shall
be completed in within 60 working days of the notice to proceed unless agreed in writing by both parties.
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 B.
1. Labor costs shall be based on the hourly rates shown in Exhibit B. Labor costs shall be calculated
from an individual's hourly wage, times the total number of hours worked, times a multiplier of
3.18. The multiplier shall include overhead and profit.
General clerical time shall be considered an overhead item, except where specific work items are
involved that require one hour ormore continued effort, in which case time will be charged on the
basis of hours worked.
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, computer, reproduction
and printing, 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 all extrnal expenses to CONSULTANT
with receipts and invoices for 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 based on the invoiced amount not to exceed
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 upon the completion of the
work and acceptance by the CITY.
F. Payment for "Extra Work" performed under Section XI of this Agreement shall be as agreed to by the
parties in writing.
City of Port Angeles [April, 2002]
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 95,350.00.
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
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.
VIII 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.
IX 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. The CONSULTANT will be using the firms submitted with its proposal as subcontractors.
Subcontractors other than those listed shall not be permitted 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
City of Port Angeles [April, 2002]
mutually agreed upon and incorporated herein by written 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 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.
XII 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 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 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,
to the extent arising out of the negligent acts, errors or omissions of CONSULTANT. The CITY shall
defend, indemnify and hold the CONSULTANT, its officers, officials, employees and volunteers harmless
from any and all claims, injuries, damages, losses or suits including attorney fees, to the extent arising
out of the negligent acts, errors or omissions of the CITY.
Should a court of competent jurisdiction determine that this contract 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 each respective party'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 contract.
No employee of the CONSULTANT shall have individual liability to CITY. To the extent permitted by law,
the total liability of CONSULTANT to CITY for any and all claims arising out of this agreement, whether
caused by negligence, errors, omissions, strict liability, breach of contract or contribution, or indemnity
claims based on third party claims, shall not exceed $2,000,000.00.
City of Port Angeles (April, 2002]
XIV INSURANCE
The CONSULTANT shall procure and maintain for the duration of the Contract, 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.
A. Minimum Scope of Insurance CONSULTANT shall obtain insurance of the types described below:
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.
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,
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 0311 85. 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 CONSULTANT's Commercial General Liability insurance policy with
respect to the work performed for the CITY using ISO additional insured endorsement CG 20 10 11 85
or a substitute endorsement providing equivalent coverage.
Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
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 less than
$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products
completed operations aggregate limit.
C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain,
the following provisions for Automobile Liability, Commercial General Liability and Builders Risk
insurance:
1. The CONSULTANT's insurance coverage shall be primary insurance as respect to 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
canceled by either party, except after thirty (30) days prior written notice by certified mail,
return receipt requested, has been given to the CITY.
D. CONSULTANT's Insurance For Other Losses The CONSULTANT shall assume full
responsibility for all loss or damage from any cause whatsoever to any tools,
CONSULTANT's employee owned tools, machinery, equipment, or motor vehicles owned or
rented by the CONSULTANT, or the CONSULTANT's agents, suppliers or contractors as well as
to any temporary structures, scaffolding and protective fences.
E. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A:VII.
City of Port Angeles [April, 2002]
F. 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 Automobile Liability and Commercial General
Liability insurance of the CONSULTANT before commencement of the work.
G. Subcontractors CONSULTANT shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor. All
coverages for subcontractors shall be subject to all of the same insurance requirements as
stated herein for the CONSULTANT.
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 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 Labor Costs and Non -salary Reimbursable Costs
In WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and
year first written above.
CITY OF PORT ANGELES CONSULTANT
A YOR t.
TITLE: 01VPc 6/ -e/of gPVVf «j
APPROV D AS TO FORM:
44,.. 4 1,_,..._
CRAIG KN ON, CITY ATTORNEY
ATTEST:
BECKY WA 0 !CI 1 ERK
Loc N \PWKSILIGI I 1ENGR \PROJECTS \DISTO21RFP \ENGAGR WPD
File 22- tU &22 -11
City of Port Angeles [April, 2002]
Exhibit A; Scope of Work
City of Port Angeles Distribution Rebuild Design
The following projects are to be designed:
1. Valley Street Rebuild, Project 22 -10 This project will rebuild approximately
2900 feet of 12.47 kV overhead 3 phase #2/0 copper with 12.47 kV overhead 3
phase 336AA in an environmentally sensitive area along Valley Street from 2nd
Street south to 7th /8th Alley and then east to Oak Street.
2. Elwha Underground Rebuild, Project 22 -11 This project involves replacing
approximately 2.5 miles of 12.47 kV direct buried underground distribution with a
conduit underground system in a mostly unimproved rural area along an old railroad
grade.
The scope includes the following minimum elements for each project assigned:
1. Detail design drawings in City format.(4 copies)
a. Construction Specifications.
b. Staking sheets.
c. Underground conflict locations
2. Material list.
EXHIBIT B
Client City of Port Angeles
Project Distribution Engineering Services Elwha
Path N:lkfagen\PortAngeles\PM
Labor Grade PM/ Engr Princ. Contract Admin CADD Senior
Pr. Engr Engr (QC) Admin CADD Total
No. Labor Rate $133 $98 $134 $71 $70 $68 $75 Hours Contingency
1 Project Management 40 10 50 $6,337
2 Elwha Underground Rebuild
2.1 Field locate centerline of new circuits, locate new vaults, 32 48 80 $9,407
verify existing services, locate new transformers, etc.
2.2 Determine equipment needed to maintain service to existing loads. 16 40 56 $6,350
2.3 Prepare plan drawings for new circuits 16 24 2 40 8 90 $8,486
2.4 Prepare unit assembly drawings /details 4 16 2 16 4 42 $3,950
2.5 Prepare staking sheets 8 24 32 $3,586
2.6 Prepare equipment procurement information for 4 20 2 26 $2,897
non -stock materials (catalog cuts, spec sheets, etc)
2.7 Prepare material list 8 24 1 33 $3,727
2.8 Prepare construction specification 4 8 1 8 21 $2,111
2.9 Field check final layout for conflicts 8 8 16 $1,940
2.11 Coordination with other departments /facilities 4 4 8 $970
2.12 Prepare construction cost estimate 8 16 2 26 $3,045
Subtotal Hrs 152 232 10 10 8 56 12 480
Subtotal Cost Contingency $21,230 $23,867 $1,406 $750 $589 $4,015 $951 $52,800
Expense
Travel, Meal,Hotel $1,900
Computer $2,450
Reproduction, copy, mail /delivery $400
Subtotal Expenses $4,750
Subconsultant (10% Mark -up) $21,050
Total Cost Contingency $78,600
R. W. Beck, Inc
PortAngelesCstEst Client.xls: Elwha Page 1 of 2 4/29/2002
EXHIBIT B
Client City of Port Angeles
Project Distribution Engineering Services Valley Street
Path N: \kfagen \PortAngeles \PM
Labor Grade PM Engr Princ. Contract Admin CADD Senior
Engr (QC) Admin CADD Total
No. Labor Rate $133 $98 $134 $71 $70 $68 $75 Hours Contingency
1 Project Management 16 6 22 $2,685
2 Valley Street Rebuild
2.1 Field verify existing equipment, pole locations, span lengths, etc 8 8 16 $1,940
2.2 Determine if /where new poles needed 8 8 16 $1,940
2.3 Prepare plan drawing for line segment to be rebuilt 4 8 1 16 4 31 $2,828
2.4 Check guy loads and determine new guy /anchor requirements 1 2 0 5 3.5 $416
2.5 Prepare unit assembly drawings 0 4 4 $411
2.6 Prepare staking sheets 4 8 1 13 $1,522
2.7 Prepare conductor stringing tables 2 4 0.5 6.5 $761
2.8 Field check proposed pole and anchor locations for conflicts 4 4 0.5 8.5 $1,040
2.9 Prepare material list 1 2 2 5 $493
2.11 Prepare construction specification 0 0 0 0 0 $0
2.12 Prepare construction cost estimates 2 4 1 7 $831
Subtotal Hrs 50 52 4.5 6 2 16 2 132.5
Subtotal Cost Contingency $9,218 $10,699 $844 $450 $368 $1,721 $317 $14,900
Expenses
Travel, Meal,Hotel $800
Computer $650
Reproduction, copy, mail /delivery $400
Subtotal Expenses $1,850
Subconsultant (10% Mark -up) $0
Total Cost Contingency $16,750
R. W. Beck, Inc
PortAngelesCstEst Client.xls: Valley Page 2 of 2 4/29/2002