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HomeMy WebLinkAbout5.671 Original Contract 5.1..07 , AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND NORTHWESTERN TERRITORIES Project #03-12A RELATING TO: WETLANDS DELINEATION FOR CROWN STORM & SANITARY SEWER PROJECT THIS AGREEMENT is made and entered into this ~ day of . ~~ 0 _, 2004, by and between THE CITY OF PORT ANGELES, a non-cha er 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 develop a base map for the siting and design of a new water pump station and related water lines to replace the Spruce Street Pump Station, and WHEREAS, the CITY desires to engage the professional services and assistance of a qualified surveying 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 XI of this Agreement. City of Port Angeles - [April 2004] Page 1 of 7 / 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. 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 within 45 working days of the date of execution of this Agreement. 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, 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. City of Port Angeles - [Apnl 2004] Page 2 of7 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 work completed. 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 $10,000. 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, City of Port Angeles - [April 2004] Page 3 of 7 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 The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. 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. 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 City of Port Angeles - [April 2004] Page 4 of 7 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. 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, City of Port Angeles - [April 2004] Page 5 of 7 3. Professional Liabilitv 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. 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 City of Port Angeles - [April 2004] Page 6 of 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF PORT ANGELES: ~. CITY MANA ~ CONSULTANT: ~~~ TITLE: f (l..J /'lei P A- L- APPROVED AS TO FORM: ~(d~ C ATTORNEY ATTEST: ~a~~ ,J~A. BECKY U ON, ITY cL RK , . PW-0410_C1.wpd [rev 4/30103] /. City of Port Angeles - [April 2004] Page 7 of 7 ft . NT' JLS GROUP, INC. , March 26, 2004 'eX\-HBFT A NORTHWESTERN TERRITORIES, INC. A JLS GROUP COMPANY 717 SOUTH PEABODY STREET, PORT ANGELES, WA 98362 Engineers Land Surveyors Geologists Construction Inspection Materials Testing (360) 452-8491 FAX 452-8498 WNW nti4u com E-Mail info@nti4u com TI ECEDVlE n i MAR 2 9 2004 U .., Stephen Sperr, P.E. City of Port Angeles 321 East Fifth Street Port Angeles, WA 98362-0217 Subject: Mr. Sperr: Crown Park Storm & Sanitary Sewer Improvement Project, Port Angeles, Washington. Thank you for contacting Northwestern Territories, Inc. (NTI) to assist with this project. Based on our conversation regarding the wetland delineation and mapping portion of the above mentioned project, I 'propose a budget of not-to-exceed $10,000.00 as outlined below. The Delineation will be for a 2,700 foot section of pipeline and a storm water outfall located at the base of the bluff below West Hill Street and West 4th Street. Our reconnaissance survey performed on March 24 indicates that there are substantial wetlands present in the area, including the area adjacent to the existing pipeline. We understand that the City will be adding a sanitarY sewer line along that section of the existing pipeline and that a storm water outfall will be emplaced at the base of the bluff. The Study will include the outfall area at the west' end ofthe 2,700 foot corridor and the corridor itself. The study will not include the hill slope from 4th Street to the base of the bluff, unless further requested by the City under an additional Scope of Work. Wetrands will be delineated on the north and south sides of the existing pipeline, for a distance of 50 feet in each direction. It is anticipated that these wetlands may, in some cases attach to wetlands on the property to the north, near West Marine Drive, however, wetlands more than 50 feet from the pipelihe shall be considered not a part of this Scope of Work. The City will obtain access and permission for emplacement qf stakes and flagging along the line as necessary. Wetland delineation shall be accomplished according to requirements of the City of Port Angeles Environmentally Sensitive Areas Code (Port Angeles Municipal Code Title 15.20 and 15.24). Technical methods will be as per the U.S. Army Corps of Engineers and Department of Ecology requirements. Wetlands shall be classified and categorized and buffer requirements will be specified in our report, however, since the pipeline will be placed within the wetland, buffer zones are not particularly relevant. We will not plan to stake buffer zones within this Scope of Work, but can do so if requested by the City under an amendment to this Scope of Work. Wetlands will be staked in the field at approximately 25-30 foot intervals on the north and south sides of the existing pipeline, to a distance of 50 feet from' the pipeline. Vegetation, soils ahd hydrological conditions will be noted and documented in the report. Stephen Sperr March 26,2004 Page 2 of 2 The Wetland Delineation will be documented in a professional report. That report will contain all relevant text, tables and graphics for documentation of the work performed and the results. Potential conceptual measures to, reduce impacts, control erosion or mitigate impacts ~i11 be ; discussed briefly in the report. Developmen.t of detailed mitigation measures may involve additional time and will be covered by an amended Scope of Work if requested by the City. Base maps will be supplied by thE! City of Port Angeles. " ," All work will be in the City's official horizontal and vertical qatums as established by Ordinance No. 2905 and could be completed within 45 working days, weather permitting. Sincerely, NORTHWESTERN TERRITORIES, INC. R~~~~ Principal Surveyor G:\Gen\Rob\PROPOSAL\2004\COPA Crown Park_PRO.doc CITY OF PORT ANGELES. CROWN PARK STORM AND SANITARY SEWER IMPROVEMENT PROJECT EXHIBIT B CONSULTANT TASK ESTIMATE DETERMINATION WETLAND DELINEATION AND BASE MAPPING PrOject No . Date PRTA0401 3/31 /04 Work Description Principal Project Crew Crew Senior Technician Assistant Total Total Manager 2-person 3-person Technician Technician Hours Cost $83.00 $75.00 $115.00 $155.00 $63.00 $58.00 $40.00 0 WETLAND DELINEATION 0 $ - Fieldwork 18 18 36 $ 2,538 Prepare Report 20 20 $ 1,660 Contingency 10 10 $ 830 Subtotal 48 0 0 0 0 18 0 66 $ 5,028 WETLAND MAPPING Establish HOrizontal & Vertical Control 2 2 $ 230 Field Mapping 30 30 $ 3,450 Base Map AutoCAD Drafting 12 12 $ 756 Project Management/Contingency 6 2 8 $ 578 Subtotal 6 0 32 0 12 0 2 52 $ 5,014 Total All Elements 54 0 32 0 12 18 2 118 $ 10,042 $4,482.00 $0.00 $3,680.00 $0.00 $756.00 $1,044.00 $80.00 ~ $ 10,042 I Reimbursible Expenses Rate Unit Total Item Cost Recording Fees plus mise reproductions N/A L.S. L.S. $ - Aerial Mapping N/A Communication Included In general overhead (In rates) Sampling and Testing N/A I Sub-Consultants N/A I I Survey supplies Included In general overhead (In rates) I I Subtotal $ - Total Labor and Direct Costs Estimate $ 10,042.00