HomeMy WebLinkAbout5.595 Original Contract AGREEMENT FOR PROFESSIONAL SERVICES 5. J 9S
BETWEEN THE
THE CITY OF PORT ANGELES AND NORTHWESTERN TERRITORIES INC. JAN18200r
NTT
RELATING TO: ENGINEERING, SURVEYING, AND PERMITTING SERVICES FOR SUBDIVISION
CITY'S DELGUZZI DRIVE PROPERTIES
THIS AGREEMENT is made and entered into thisay of February, 2002, by and between THE
CITY OF PORT ANGELES, a non charter code city of the State of Washington, (hereinafter called
the "CITY and Northwestern Territories Inc., a Washington Corporation (hereinafter called the
"CONSULTANT
WHEREAS, the CITY desires to subdivide the City owned properties for the DelGuzzi Drive
Subdivision, Project 22 -05
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 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 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 [February, 2001]
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 accordance with the schedule set forth in the attached Exhibit A.
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.
General clerical time shall be considered an overhead item, except where specific work items
are involved that require one hour or more 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, CADD 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 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 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.
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 $3,500.00.
City of Port Angeles [February, 2001]
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 mutually agreed upon and incorporated herein by written amendments to this Agreement
executed by both parties.
City of Port Angeles [February, 2001]
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 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, 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 and the CITY, its
officers, officials, employees, and volunteers, the CONSULTANT'S liability hereunder shall be only to
the extent of the CONSULTANT'S negligence. It is further specifically and expressly understood that
the indemnification provided herein constitutes the CONSULTANT'S waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has
been mutually negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement. However, the CONSULTANT expressly reserves its rights as a third
person set forth in RCW 51.24.035.
City of Port Angeles [February, 2001]
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 Liability insurance with limits no less than $1,000,000 combined single limit per
accident for bodily injury and property damage; and,
2. Commercial General Liability insurance written 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
CONSULTANT's office.
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.
The CONSULTANT'S insurance shall be primary insurance as respects the CITY, and the CITY shall
be given thirty (30) days prior written notice of any cancellation, suspension or material change in
coverage.
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.
City of Port Angeles [February, 2001]
XVJ',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 Including Schedule for the 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
AYOR
CONSULTANT
aweLz
TITLE: WViCe c. be /5J4
APPROVED AS TO FORM:
CRAIG KN ►1. SON, CITY ATTORNEY
ATTEST:
BECKY U ON, v TY CL' RK
N \PROJECTS\22 -05 DelGuzzi \NTIagr2 wpd
5
City of Port Angeles [February, 2001]
p NORTHWESTERN TERRITORIES, INC.
Engineers Land Surveyors Planners
Construction Coordination Matenals Testing
NTI
City of Port Angeles Del Guzzi Drive Property
Subdivision Phase I, Feasibility Report
Attachment "A" -Scope of Work Schedule
Task Description Who Man Hrs Hrly Rate Item Cost Task Cost
1 Prelim Analysis File Review Engr 2 $83.00 $166 00
Designer 1 $63.00 $63 00 $229.00
2 Mtg w/ Prop Mgr, prep follow -up
Prep Engr 1 $83 00 $83 00
Meeting Engr 2 $83 00 $166.00
Follow -up Engr 1 $83.00 $83.00 $332.00
3 Illustration Work for Next Meeting Engr 1 $83.00 $83.00
Surveyor 1 $83.00 $83 00
Drafter 2 $57.00 $114.00 $280.00
4 Mtg w/ City Staff prep follow -up
Prep Engr 1 $83.00 $83 00
Meeting Engr 2 $83.00 $166 00
Follow -up Engr 1 $83.00 $83 00 $332.00
5 Site work and analysis Engr 6 $83.00 $498 00
Surveyor 4 $83.00 $332 00
Designer 4 $63.00 $252 00 $750.00
5 Prepare Feasibility Report Engr 6 $83 00 $498.00
Surveyor 2 $83.00 $166 00
Drafter 2 $57 00 $114 00
Clerical 2 $40 00 $80.00 $858.00
6 Present Final Report
Prep Engr 2 $83.00 $166.00
Prep Clerical 1 $40.00 $40.00
Presentation Engr 2 $83 00 $166 00 $372.00
7 Miscellaneous Coordination $347.00
TOTAL Not to Exceed w/o authorization per attached Attchment "B" $3,500.00
Schedule: Anticipate completion by 4 -1 -02 depending upon meeting schedules.
717 SOUTH PEABODY, PORT ANGELES, WA 98362 (360) 452-8491 1- 800 654 -5545 FAX 452 -8498
NORTHWESTERN TERRITORIES, INC.
l 717 SOUTH PEABODY, PORT ANGELES, WA 98362
t Engineers Land Surveyors Planners
Construction Coordination Materials Testing
(360) 452 -8491 1- 800 -654 -5545 FAX 452 -8498
N TI
ATTACHMENT "B"
TIME PLUS EXPENSE RATE SCHEDULE AND BILLING PROCEDURES
HOURLY RATE
ENGINEERING
PRINCIPAL ENGINEER $83 00
PROJECT ENGINEER 75 00
GEOLOGIST 75.00
SENIOR TECHNICIAN (INCLUDING INSPECTION IN FIELD) 63 00
TECHNICIAN 58 00
TECHNICAL ASSISTANT 40 00
SURVEYING
PRINCIPAL SURVEYOR $83 00
PROJECT SURVEYOR 75.00
SENIOR TECHNICIAN 63 00
TECHNICIAN 58 00
TECHNICAL ASSISTANT 40.00
LAND SURVEYING 2- PERSON FIELD CREW 115.00
LAND SURVEYING 3- PERSON FIELD CREW 155.00
CONSTRUCTION SURVEYING 2- PERSON FIELD CREW 125 00
CONSTRUCTION SURVEYING 3- PERSON FIELD CREW 165.00
1 Unless otherwise noted, hourly rates include materials, equipment and mileage
2 Minimum charge for professional services is one hour for office consultation, two hours for field consultation, and
four hours for court testimony
3. Work in excess of eight hours and Saturdays is to be paid at time and one -half; Sunday and Holidays at double
time. Travel in excess of eight hours will be paid at regular full time hourly rates listed above.
4. Non salary reimbursable expenses will include the following items:
a. Items outside of general overhead costs, such as special legal and accounting expenses, special consultants,
backhoe services, laboratory charges, special copying services and printing and binding at 10% above actual
cost.
b. Government fees directly related to the project such as County survey recording fees and agency review fees
c. Out -of -town travel and living expenses related to the project Travel time shall be hourly per rates listed above.
MATERIALS TESTING LABORATORY SERVICES
CONCRETE, MORTAR OR GROUT COMPRESSION TEST 30.00 Each
(Includes curing, testing and reporting of specimens.)
GRADATION (SIEVE) ANALYSIS (ASTM C -33 and C -117) 140.00 Each
SAND EQUIVALENT (AASHTO D -4318) 75.00 Each
PROCTOR (SOIL MOISTURE DENSITY, ASTM D -698 or ASTM D -1557) 250.00 Each
Other Tests Services such as Field Cylinder Collection,
Compaction Tests and Sample Gathering available at Hourly Rates Shown Above
EFFECTIVE JANUARY 1, 2002 SUBJECT TO REVISION G Gen \Admin Roma WTI Rate Schedules \Current Schedule\schd0401 wpd
.4 NORTHWE TERRITORIES,' INC.
717 SOH S WA 98362
Engineers UTPEABODY Land STREET Surveyors PORT ANGELE Geologi
N rilir 'Construction Inspection Matenals` Testing
(360) 452 -8491 -1- 800 654 -5545 FAX 452 -8498 E -Mail info @nti4u corn
NT! RECE6VE_D
'www nti4u com
.IAN 2 9 2002
January 28, 2002
Gary Kenworthy,,,PE City Engineer
City of Port Angeles
P.O. Box 1150
Port Angeles, WA�98362 -1150
Subject:' Del Guzzi Drive Property Subdivision Phase I Feasibility Report
Dear Gary:
Per your request, -we have prepared a cost estimate for the above project. Attached
please find a Scope of Work and Schedule document (Attachment "A ").and a standard
2002 NTI Charge Out Rate Schedule (Attachment "B for the above project:
The schedule is dependent the time it takes schedule the meetings listed. We
anticipate,that the time from early February to April 1, 2002 will be' sufficient to allow
them; if not, we can easily extend this date.
If you have questions,or comrrments,,please don't hesitate to contact me.'
Sincerely,
NORTHWESTERN TERRITORIES, INC.
II op/ 2
,e;e_e.:,
Robert A. Leach, PE MBA"
Principal Dei in
sgn Engeer
attachments
G: \Gen \Bob \PROPOSAL \City of PA Del Guzzi Drive Subdivision.wpd