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HomeMy WebLinkAbout5.798 Original Contract 5. '"It! g' AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND i BERGERlABAM ENGINEERS, INC. PROJECT06~8 I I I , RELATING TO: ENGINEERING SERVICES FOR EDIZ HOOK BOAT LAUNCH PILE REPLACEMENTS. /. _n~ ~ ~~A4/~ THIS AGREEMENT is made and entered into this ~ day 6f'October 2006, by and between THE CITY OF PORT ANGELES, a non-charter code city of the State of Washington, (hereinafter called the "CITY") and BERGER/ABAM ENGINEERS, INC., a Washington Corporation authorized to do business in the state of Washington (hereinafter called the "CONSULTANT"). WHEREAS, the CITY desires engineering services related to permitting, design, and construction for pile replacements at the Ediz Hook boat launch; 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: 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. The Scope of Work may be amended upon written approval of both parties. Page 1 of 11 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 June 30, 2007. The work shall be completed in accordance with the schedule set forth in the attached Exhibit D. 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 C. 1. Labor costs shall be based on the hourly rates shown in Exhibit C. Hourly rates shall be based upon an individual's hourly wage, times the total number of hours worked, times a multiplier of '3 . The multiplier shall include overhead, CADD, computer and profit. General ~hall 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, reproduction and printing, supplies and fees of outside services and consultants. No 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. Page 2 of 11 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. 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 $14,980.00. The budget for each task is as set forth in the attached Exhibit B. Budgets for task(s) may be modified upon mutual agreement between the two parties, but in any event, the total payment to CONSULTANT shall not exceed $14,980.00. 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 full 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, 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. 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: Page3of11 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. 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. XII 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. Page 4 of 11 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. XIV INDEMNIFICATION/HOLD HARMLESS CONSULTANT shall defend, indemnify and hold ~~cers, officials, employees and volunteers harmless from any and all claims, inju~~w", d*mages, losses or suits including attorney fees, arising out of or resulting from thJ'ael~eerrors or omissions of the CONSULTANT in performance of this Agreement, except for injuries 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 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. 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. Page 5 of 11 A. Minimum Scope of Insurance Consultant 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; 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 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 less 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. Page 6 of 11 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. 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 - Budget for Each Task Exhibit C - Consultant labor Costs and Non-salary Reimbursable Costs Exhibit D - Schedule for the Work IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF PORT ANGELES c'7J1::~71~ / AP70VED AS TO F ~~U - c:; WILLIAM E. BL OR, CITY ATTORNEY CONSULTANT ATTEST: ~~~ TITLE: 'VIc6 P~/()C7-Nr Page7of11 " N:\PROJECTS\0638 Boat Launch Plles\Agreement.DOC Page 8 of 11 Exhibit A BERGER/ABAM ENGINEERS INC. 33301 Ninth Avenue South' Suite 300 Federal Way, W A 98003-2600 206/431-2300 . FAX 206/431-2250 www.abam.com ~ BERGER/ABAM ENGINEERSINC PLANNING ENGINEERING ENVIRONMENTAL PROGRAM MANAGEMENT ~ 3 October 2006 Mr. Gary W. Kenworthy, PE Deputy Director of Engineering Services and Oty Engineer City of Port Angeles Oty of Port Angeles 321 E. Fifth Street PO Box 1150 Port Angeles, W A 98362-0217 Re: Ediz Hook Floats Pile Replacement Proposal for Engineering and Permitting Services, Revised Dear Mr. Kenworthy: BERGER! ABAM Engineers Inc. is pleased to provide this proposal to provide engineering and permitting assistance for the replacement of piles supporting the boat ramp on Ediz Hook. This proposal is based on the information received bye-mail on 6 September 2006. This work includes preparation of permit applications; development of plans, specifications, and construction cost estimate for construction; and bid period assistance. Our scope, fee, and schedule are presented herein. SCOPE OF WORK The scope of work will include the following tasks. Meetings and Management K~ck off: We will meet with the City to discuss the pile replacement. We will also collect any existing construction records for the facility and visit the facility. Progress meeting: Following the submittal of the permit documents, we will engage in a telephone conference with the City to discuss any outstanding issues and jointly determine a course of action. Review Meeting: Following submission of 90 percent review drawings, we will engage in a telephone conference with the City to discuss specific details of the proposed construction. This meeting will be a work session involving City Staff. Page9of11 Exhibit A Mr. Gary W. Kenworthy, PE 3 October 2006 Page 2 Permit Preparation Following the completion of the final report submittal, we will prepare all materials required for the Joint Aquatic Resource Permit Application GARP A). This application will be used to obtain US Army Corps of Engineers - Nationwide Permit, the Washington State Department of Fish and Wildlife - Hydraulic Project Approval (HP A) as well as the Washington State Department of Natural Resources - Aquatic Use Authorization. A State Environmental Policy Act (SEP A) checklist will be prepared for the City as assumed lead agency. It is assumed the p.ty will serve as the designated contact for permitting agencies and will coordinate comments and responses during permitting. This estimate provides for clarifications and further discussion of known information as responses to comments. However, substantive work efforts in response to comments, such as additional reports or research activities, are not provided for under this cost estimate. We have assumed that in support of this application neither a Biological Evaluation for Endangered Species Act (ESA) compliance nor a Cultural Resource Assessment will be required. Additionally, we have assumed that no critical areas will be identified; no 401 Water Quality ( Certification.,. no Coastal Zone Management Certification, nor any NPDES Stormwater Construction Permit will be required. If either or both reports are requested by any permit agency, or additional permits as listed become mandatory, we will submit an additional proposal for this additional work. Construction Package Preparation We will finalize the design; prepare drawings, specifications, calculations, and a cost estimate for the selected option. Ninety percent construction plans and specifications will be submitted to the City for review. No allowance in scope or budget has been made for maintenance repairs to the existing float or pile guide construction, and it is assumed that maintenance issues would be handled separately, or during construction. After the City's review, we will finalize the applicable construction documents. Drawings will be prepared in AutoCAD 2006, the technical specifications will be in Microsoft Word format, and the schedule will be prepared using Microsoft Project. We assume that the front-end commercial and administrative requirement portion of the specifications will be furnished by the City. We will submit ten sets of half-size drawings and specifications and five sets of the estimate and schedule. Bid and Construction Support To be developed as a separate scope of work. FEE We propose to perform the specified work on a time-and-materials basis for a not-ta-exceed fee of Fourteen Thousand Nine Hundred Eighty Dollars ($14,980). For additional work, the fee will be Page 9 of 11 Exhibit A Mr. Gary W. Kenworthy, PE 3 October 2006 Page 3 adjusted accordingly by mutual agreement prior to start of work. A breakdown of estimated hours for work performed by BERGERlABAM staff is attached as Exhibit 2. Our fee proposal assumes that this work would be performed in accordance with your standard professional services contract terms and conditions. Construction period services, maintenance repair design services, biological evaluations, and cultural resource assessments are not included in this proposal. If this proposal meets with your approval, please advise. We look forward to working with you on this project and pledge our best efforts at meeting your objectives. Sincerely, ~tJ . Elmer W. Ozolin, r Vice President EWO:keh Attachments Exhibit 1- Fee Determination Spreadsheet Page 9 of 11 Exhibit B & C FEE DETERMINATION _.~ Title: City of Port Angeles Date: 19-5ep-06 Rev: 3-0ct-D6 BERGER/ABAM EIIGIRfER'llIe Ediz Hook Floats Pile Replacement file name: ~;1l Port AnQeles, W A Item PROFESSIONAL TECHNICAL subitem item No. TASK DESCRIPTION PIC PM PE. ENG Jr. Eng DRAFT TYP subtotal total rate $ 160 $ 140 $ 120 $ 100 $ 83 $ 80 $ 65 1 Meetings and Management Site Visit and Kick-off Meeting 5 $ 700 Progress Meeting Phone Confer~nce 2 2 $ 520 Review Meeting Phone Conference 2 $ 280 Project Management Activities 1 4 2 $ 850 Expenses $ 200 $ 2,550 2 Permit Preparation JARPA Drawings 4 16 12 $ 3,440 Federal Nationwide Permit Application 2 12 $ 1,720 State HPA Coordination 2 $ 240 Review SEPA Checklist 1 12 $ 1,580 Expenses $ 150 $ 7,130 3 Construction Package Preparation Prepare Drawings 1 8 25 $ 3,280 Prepare Technical Specifications 6 4 $ 1,100 Prepare Cost Estimates 2 $ 280 Prepare 90% Review Submittal 1 2 $ 270 Preparation of Construction Submittal 1 2 $ 270 Expenses $ 100 $ 5,300 4 Bid Period Support Respond to Questions $ - Addendum Preparation $ . Expenses $ . TOTALS 2 38 44 0 0 37 10 $ 14,530 $ 450 Expense Labor total total TOTAL: $ 14,980 Page 10 of 11 ~. . . . 1 BERGER/ABAM Engineers Inc - Project Schedule Estimate Exhibit D ID 6 Task Name Duration Start FInish 9/24 l3 Notice to proceed o days Wed 10/4/06 Wed 10/4/06 2 l3 Site VISit 1 day? Fn 10/6/06 Fn 10/6/06 3 Permitting 55 days Mon 10/16/06 Fri 12129/06 ..: .., 4 l3 Jarpa Drawings 3 days Thu 10/26/06 Mon 10/30/06 ~ 5 Jarpa Application 10 days Tue 10/17/06 Mon 10/30/06 6 l3 Sepa Checklist 5 days Mon 10/16/06 Fn 10/20/06 ;:; ~ ' 7 Permit Matenal Submitted to City o days Mon 10/30/06 Mon 10/30/06 . 10/30 8 Permit Processing (assume 60 days) 44 days Tue 10/31/06 Fri 12/29/06 9 Construction Package 15 days Tue 10/31/06 Mon 11/20/06 10 Drawings 4 days Tue 10/31/06 Fn 11/3/06 11 Technical SpeCifications 3 days Tue 10/31/06 Thu 11/2/06 12 Cost Estimate 1 day Thu 11/2/06 Thu 11/2/06 13 Review 6 days Mon 11/6/06 Mon 11/13/06 14 Prepare Final Documents 4 days Tue 11/14/06 Fn 11/17/06 15 Submit Drawings and Technical SpeCifications o days Mon 11/20/06 Mon 11/20/06 Split _ Progress Milestone . Summary ~ External Tasks Project Summary ~~~ External Milestone . Deadline {7 Project: Edlz Hook Boat Launch Pile Replacements Date 17 October, 2006 Task Page 1 r- , \