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HomeMy WebLinkAbout001107 Original Contract City of Port Angeles Record # 001107 Cit of Port Angeles Public Works&Utilities Dept. 321 1",5111 Street Port Angeles WA 98362 SERVICE CONTRACT g �wti Tel:360-417-4541 IRK S,&�� Fax: 360-452-4972 Contract Title: Semi-Automated Pavement Condition Index Survey Service Number: SVC-2016-26 THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON ("CITY") AND Dynatest,("CONSULTANT"). 1. WORK BY CONTRACTOR The Consultant shall perform the work as described in Attachment"A" (Attachment"A"may include Consultant's Proposal, Scope of Work, Statement of Work, Plans, Specifications, and any other related Contract Documents) which is attached hereto and bythis reference is incorporated herein. 2. TERM OF CONTRACT All work under this Contract is to be completed as indicated (check one): ® All work under this Contract is to be completed by this date: December 31 2016. ❑ All work under this Contract is to be completed 20 days from the Notice to Proceed. No work is to be performed prior to written Notice to Proceed by the City. (See attachment A for specific schedule for work). ❑ The performance period under this Contract commences_calendar days after notice to proceed and ends(xx days thereafter or after contract award). 3. PAYMENT A.The City shall pay the Consultant for the work performed under this contract(check one): ❑ Force Account-Time and material, not to exceed: $ ❑ Force Account-Time and actual expenses incurred, not to exceed: $ ❑ Force Account- Unit prices set forth in the Consultant's bid or quote, not to exceed: $ ® Firm Fixed Price set forth in Contractor bid or quote in the amount of: $ 59.950.00 (See Attachment C) The Consultant shall do all work and furnish all tools, materials, and equipment, in accordance with and as described in the Attachment "A". The Consultant shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this Contract and every part thereof; except those indicated to be furnished by the City of Port Angeles in Attachment A. B. The Consultant shall maintain time and expense records, which may be requested by the City.The Consultant shall submit invoices to the City for payment for work performed. An invoice may be submitted for 50 percent due after data collection and the remaining 50 percent due after all deliverables have been received and accepted by the City. All invoices must reference the City's service number. Invoices shall be in a format acceptable to the City. C. The City shall pay all invoices from the Consultant within 30 days of receipt of a properly completed invoice. (Service # SVC-2016-26) Page 1 Rev.8/03/16 D. All records and accounts pertaining to this Contract are to be kept available for inspections by representatives of the City for a period of three (3) years after final payment. Copies shall be made available to the City upon request. E. If during the course of the Contract, the work rendered does not meet the requirements set forth in the Contract, the Consultant shall correct or modify the required work to comply with the requirements of this Contract. The City shall have the right to withhold payment for such work until it meets the requirements of the Contract Documents. 4. RESPONSIBILITY OF CONSULTANT A. Safety. Consultant shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state, and local regulations, ordinances, and codes. Consultant shall erect and properly maintain, at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public and shall post danger signs warning against known or unusual hazards. B. Warranty. Consultant shall be liable for any costs, losses, expenses or damages including consequential damages suffered by the City resulting from defects in the Consultant's work including, but not limited to, cost of materials and labor expended by the City in making emergency repairs and cost of engineering, inspection, and supervision by the City. The Consultant shall hold the City harmless from any and all claims which may be made against the City as a result of any defective work and the Consultant shall defend any such claims at its own expense. Where materials or procedures are not specified in the Contract Document, the City will rely on the professional judgment of the Consultant to make appropriate selections. C. Nondiscrimination/Affirmative Action. Consultant agrees not to discriminate against any employee or applicant for employment or any other persons in the performance of this Contract because of race, creed, color, national origin, marital status, sex, age or handicap, or other circumstances as may be defined by federal, state, or local law or ordinance, except for a bona fide occupational qualification. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Contractor setting forth the provisions of the nondiscrimination clause. E. Employment. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this Contract, shall be considered employees of the Consultant only and not of the City. Any and all claims that may arise under the Workers Compensation Act on behalf of said employees, while so engaged, and all claims made by a third party as 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 or rendered herein, shall not be the obligation of the City. S. COMPLIANCE WITH LAWS The Consultant shall comply with all federal, state and local laws and regulations applicable to the work done under this Contract. Any violation of the provisions of this paragraph shall be considered a violation of a material provision of this Contract and shall be grounds for cancellation, termination, or suspension of the Contract by the City, in whole or in part, and may result in ineligibility for further work for the City. 6. TERMINATION OF CONTRACT A. This Contract shall terminate upon satisfactory completion of the work described in Attachment "A" and final payment by the City. B. The City may terminate the Contract and take possession of the premises and all materials thereon and finish the work by whatever methods it may deem expedient, by giving 10 days written notice to the Contractor, upon the occurrence of any one or more of the events hereafter specified. 1. The Consultant makes a general assignment for the benefit of its creditors. 2. A receiver is appointed as a result of the insolvency of the Consultant. 3. The Consultant persistently or repeatedly refuses or fails to complete the work required herein. 4. Consultant fails to make prompt payment to subconsultants for material or labor. (Service # SVC-2016-26) Page 2 Rev.8/03/16 5. Consultant persistently disregards federal, state or local regulations and ordinances. 6. Consultant persistently disregards instructions of the Contract Administrator, or otherwise substantially violates the terms of this Contract. 7. The City determines that sufficient operating funds are not available to fund completion of the work contracted for. C. In the event this Contract is terminated by the City, Consultant shall not be entitled to receive any further amounts due under this Contract until the work specified in Attachment "A" is satisfactorily completed, as scheduled, up to the date of termination. At such time, if the unpaid balance of the amount to be paid under this Contract exceeds the expense incurred by the City in finishing the work, and all damages sustained by the City or which may be sustained by reason of such refusal, neglect, failure, or discontinuance of employment, such excess shall be paid by the City to the Consultant. If the City's expense and damages exceed the unpaid balance, Consultant and his surety shall be jointly and severally liable therefore to the City and shall pay such difference to the City. Such expense and damages shall include all legal costs incurred by the City to protect the rights and interests of the City under the Contract, provided such legal costs shall be reasonable. 7. OWNERSHIP OF DOCUMENTS A. On payment to the Consultant by the City of all compensation due under this Contract, all finished or unfinished documents and material prepared by the Consultant under this Contract shall become the property of the City and shall be forwarded to the City upon its request. B. Any records, reports, information, data, or other documents or materials given to or prepared or assembled by the Consultant under this Contract will be kept confidential by the consultant and shall not be made available to any individual or organization by the Consultant without prior written approval of the City or by court order. S. CLAIMS Any claim by the consultant against the City for damages, expenses, costs, or extras arising out of the performance of this Contract must be made in writing to the City within thirty days after the discovery of such damage, expense, or loss, and in no event later than the time of approval by the City for final payment. Consultant, upon making application for final payment, shall be deemed to have waived its right to claim for any other damages for which application has not been made, unless such claim for final payment includes notice of additional claim and fully describes such claim. 9. GENERAL ADMINISTRATION AND MANAGEMENT The Director of the Public Works and Utilities Department or his/her designee represent the City under this Contract and shall oversee and approve all work to be performed, coordinate communications, and review and approve all invoices, under this Contract. 10. INDEMINIFATION / HOLD HARMLESS A. 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, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. B. 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. 11. INSURANCE The Consultant shall maintain insurance as set forth in Attachment B. (Service # SVC-2016-26) Page 3 Rev.8/03/16 12. INTERPRETATION AND VENUE This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The venue of any litigation between the parties regarding this Contract shall be Clallam County, Washington. 13. BRANDS OR EQUAL When a special "brand or equal" is named it shall be construed solely for the purpose of indicating the standards of quality, performance, or use desired. Brands of equal quality, performance, and use shall be considered, provided Consultant specifies the brand and model and submits descriptive literature when available. Any bid containing a brand which is not of equal quality, performance, or use specified must be represented as an alternate and not as an equal, and failure to do so shall be sufficient reason to disregard the bid. 14. INSPECTION AND REJECTION All goods, services, work, or materials purchased herein are subject inspection and to approval by the City. Any rejection of goods, services, work, or materials resulting because of nonconformity to the terms and specifications of this order, whether held by the City or returned, will be at Consultant's risk and expense. 15. SUBLETTING OR ASSIGNING OF CONTRACTS Neither the City nor the Consultant shall assign, transfer, or encumber any rights, duties, or interest accruing from this Contract without the express prior written consent of the other. 16. INDEPENDENT CONSULTANT The Consultant is and shall be at all times during the term of this Contract an independent Contractor and not an employee of the City. 18. EXTENT OF CONTRACT/MODIFICATION This Contract, together with the attachments and/or addenda, represents the entire and integrated Contract between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This contract may be amended, modified, or added to only by written instrument properly signed by both parties hereto. 19. SUBCONTRACTOR RESPONSIBILITY The Consultant shall include the language of this section in each of its first tier subconsultants, and shall require each of its subconsultantss to include substantially the same language of this section in each of its subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subconsultants regardless of tier. At the time of subcontract execution, the Consultant shall verify that each of its first tier subconsultants meets the following bidder responsibility criteria: - At the time of subcontract bid submittal, have a certificate of registration in compliance with chapter 18.27 RCW; - Have a current state unified business identifier number; - If applicable, have: 1) Industrial insurance coverage for the subconsultant's employees working in Washington as required in Title 51 RCW; 2) An employment security department number as required in Tile 50 RCW; and 3) A state excise tax registration number as required in Tile 82 RCW; 4) An electrical contractor license, if required by Chapter 19.28 RCW; 5) An elevator contract license, if required by Chapter 70.87 RCW. - Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). (Service # SVC-2016-26) Page 4 Rev.8/03/16 IN WITNESS WHEREOF, the parties have executed this Contract as the date of the last signature affixed below. DYNATEST CITY OF PORT ANGELES b ' By: � By: Printed Name: P Printed Name: }J CO Title: Title: C-A. L�.�`l£,�-��,1`' Date: .--af 6 Date: J Address: 22- 17 N• Ar?-AkE e-- L,A►J JE City: A V S-r 1 N --r-K 79,75-7 APPROVED S TO FORM: Tax ID #: 7- -50655-5 BY: / _ CITY ATTORNEY Phone Number. _go 4-- O64 . 377 7 22 g ATTEST: BY: (Wa V �_ Cyfy CL RK (Service # SVC-2016-26) Page 5 Rev.8/03/16 City of Port Angeles ATTACHMENT "A" Engineering Public Works and Utilities Department WORK BY CONSULTANT 360-417-4541 The Consultant shall do all work and furnish all tools, materials, and equipment in order to accomplish the project described below. Unless otherwise provided for in the Statement of Work, the Consultant will be responsible for obtaining and paying for any and all permits required for this work. General Scope: Semi-Automated PIC Survey and StreetSAVER Database Update Location: Port Angeles, Washington Site Point of Contact: Jonathan Boehme at 360-417-4811. Work Hours and Schedule: The Consultant will be allowed to work from 7:00 AM to 6:00 PM, Monday through Friday. Work outside of these hours may be requested from and is at the discretion of the City Engineer. Permits: None. Work Requirements: 1.0 Project Description Semi-automated Pavement Condition Index(PCI) surveys on all lane miles of roads and alleys in the City of port Angeles, Washington. 2.0 Standard Specifications Division 1 of the Washington State Department of Transportation's 2016 Standard Specifications for Road, Bridge and Municipal Construction referred to herein as the Standard Specifications and the City of Port Angeles Urban Services Standards and Guidelines(current edition). 3.0 Drawings: The following listed drawings are part of this contract: None. 4.0 Description of Work 1. Semi-automated pavement condition surveys on all lane miles of roads and alleys in the City of Port Angeles, Washington. 2. The semi-automated pavement condition surveys will be performed using a Dynatest Pavement Condition Survey Systern (PCSS)equipped with the following: a. High definition Right of Way (ROW) images in 1920 x 1080 format. b. High definition pavement imaging using the Laser Road Imaging System (LRIS). Pavement images are virtually shadow free, and cracks I mm in width can be clearly seen in the pavement images. c. Pavement profile measurements (IRI and rutting) using a Dynatest Mark III Laser Profiler equipped with 7 laser sensors. d. Sub-meter accuracy GPS coordinates. 3. Survey all major arterial or primary streets in two (2)directions, and the residential streets and alleys in one(I) direction. (Service # SVC-2016-26) Page 6 Rev.8/03/16 4. According to the GIS data there are: a. Approximately 110 centerline miles of roads. (This translates to approximately 162 lane miles to survey.) b. Approximately 38 centerline miles of alleys. 5. The City will provide the latest copy of the City's GIS data. The GIS data should be linked to the City's StreetSAVER database and should be properly segmented to include all required sampling units (if required by StreetSAVER)and should include all pertinent attributes. 6. While the automated pavement condition survey covers 100% of the roadway surveys(in the direction/lane travelled), the distress rating strategy is as follows: a. For pavement sections <250 ft. in length, we shall rate distress on 100% of the surface. b. For pavement sections between 250 and 500 ft. in length, we shall rate distresses on 50%of the surface c. For pavement sections> 500 ft. in length, we shall rate distresses on 25% of the surface. 7. Distress data shall be utilized to update the City's existing StreetSAVER database. Access will be provided to the City's database. 8.No effort for doing any StreetSAVER based analysis or reporting is included. 9. The deliverables shall include the following: a. A portable hard disk containing all collected data(raw data files and images). b. Updated StreetSAVER database. (Please note that we will require a copy of the City's StreetSAVER database and corresponding GIS data) c. Shapefiles showing distress locations and extents. d. Point shapefile showing locations of all Right of Way (ROW) images (Service # SVC-2016-26) Page 7 Rev.8/03/16 City of Port Angeles Engineering ATTACHMENT "B" Public Works and Utilities Department INSURANCE 360-417-4541 INSURANCE REQUIREMENTS FOR CONSTRUCTION AND SERVICE CONTRACTS 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, their agents, representatives, employees or subcontractors. No Limitation Consultant's maintenance of insurance, its scope of coverage and limits as required herein 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. Minimum Scope of Insurance Contractor shall 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. 2. 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, stop gap liability, 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 03 1185 or an equivalent endorsement. 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 Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers'Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Minimum Amounts of Insurance Contractor 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 $2,000,000 products-completed operations aggregate limit. Other Insurance Provision The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be (Service # SVC-2016-26) Page 8 Rev.8/03/16 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 Contractor's insurance and shall not contribute with it. 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 Contractor 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 Contractor before commencement of the work. F. Subcontractors The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. G. Notice of Cancellation The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance Failure on the part of the Contractor 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 contractor 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 Contractor from the City. (Service # SVC-2016-26) Page 9 Rev.8/03/16 DynateSt'" ATTACHMENT C DYNATEST NORTH AMERICA,INC. THE ROAD FOR FUTURE TRAVEL 13953 US Highway 301 South Starke,Florida 32091 USA Telephone+1 904 964-3777 FAX+1 904 964-3749 Webpage:www.dynatest.com E-mail:usa@dynatest.com Pavement Engineering Specialists and Equipment July 25, 2016 Mr. Jonathan Boelnne, P.E. City of Port Angeles Public Works 321 East Fifth Street Port Angeles, WA 98362 Tel: 360.417.481 1 Email:jboelune<&cityofpa.us Reference: Proposal for Semi-Automated PCI Survey and StreetSAVER Database Update for the City of Port Angeles,Washington. Dear Mr. Boehme, As per your request, Dynatest North America, Inc., is pleased to provide the following proposal for semi- automated Pavement Condition Index(PCI) surveys on approximately 200 lane miles of roads and alleys in the City of port Angeles, Washington. As we understand,the scope of work includes the following: 1. Semi-automated pavement condition surveys on approximately 200 lane miles of roads and alleys in the City of Port Angeles, Washington. 2. The semi-automated pavement condition surveys will be performed using a Dynatest Pavement Condition Survey System(PCSS)equipped with the following: a. High definition Right of Way(ROW) images in 1920 x 1080 format. b. High definition pavement imaging using the Laser Road Imaging System (LRIS). Pavement images are virtually shadow free, and cracks 1 mm in width can be clearly seen in the pavement images. c. Pavement profile measurements(IRI and rutting) using a Dynatest Mark III Laser Profiler equipped with 7 laser sensors. d. Sub-meter accuracy GPS coordinates. 3. We recommend that we survey all major arterial or primary streets in two(2)directions,and the residential streets and alleys in one(1)direction. 4. According to the GIS data sent to us, we have: a. Approximately 110 centerline miles of roads. (This translates to approximately 162 lane miles to survey.) b. Approximately 38 centerline miles of alleys. 5. Please note that we will require the latest copy of the City's GIS data. The GIS data should be linked to the City's StreetSAVER database and should be properly segmented to include all required sampling units (if required by StreetSAVER) and should include all pertinent attributes. City of Port Angeles, Washington Page 1 of 42 Proposal for Pavement Condition Surveys and StreetSAVER Database Update Dyna`est DYNATEST NORTH AMERICA,INC. ww J 13953 US Highway 301 South THE ROAD FORR ■FUTURE V V URE TRAVEL Starke,Florida 32091 USA Telephone+1 904 964-3777 FAX+1 904 964-3749 Webpage:www.dynatest.com E-mail:usa@dynatest.com Pavement Engineering Specialists and Equipment 6. While the automated pavement condition survey covers 100% of the roadway surveys (in the direction/lane travelled), we recommend using a distress rating strategy as follows. We have used the same strategy for several other Cities. a. For pavement sections<250 ft. in length, we shat I rate distress on 100% of the surface. b. For pavement sections between 250 and 500 ft, in length, we shall rate distresses on 50% of the surface c. For pavement sections> 500 ft. in length, we shall rate distresses on 25% of the surface. 7. Distress data shall be utilized to update the City's existing StreetSAVER database. Please note that we will require access to the City's database. 8. We have not included any effort for doing any StreetSAVER based analysis or reporting at this point. We will be more than happy to provide additional services as required. 9. Our deliverables shall include the following: a. A portable hard disk containing all collected data(raw data files and images). b. Updated StreetSAVER database. (Please note that we will require a copy of the City's StreetSAVER database and corresponding GIS data) c. Shapefiles showing distress locations and extents. d. Point shapefile showing locations of all Right of Way(ROW) images Our estimate for performing the above mentioned tasks is as follows: Table 1 Cost Proposal for Semi-Automated Pavement Condition Surveys TaskCost Project Management and Administrative $5,140 Pavement Inventory Review $3,600 Semi-Automated Pavement Surveys(200 lane miles) $31,150 Distress rating(25% sampling rate) $11,100 StreetSAVER Update and Deliverables $8,960 Total $59,950 Our standard terms and conditions are shown on the next page. City of Port Angeles, Washington Page 2 of 92 Proposal for Pavement Condition Surveys and StreetSAVER Database Update