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HomeMy WebLinkAbout5.536 Original Contract " , ., .5.5eJ.J AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND TRIAXIS ENGINEERING, INC. RELATING TO: Engineering Services for Distribution Line Rebuild, Project 20-05 THIS AGREEMENT is made and entered into, this April J..(j , 2000, by and between THE CITY OF PORT ANGELES, a non-charter code city of the State of Washington, (hereinafter called the "CITY") and TriAxis Engineering, Inc. (hereinafter called the "CONSULTANT"). WHEREAS, the CITY desires to develop a design for the rebuild of distribution lines located on Laurel Street, 10th Street, "0" Street and Ediz Hook, 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 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 City of Port Angeles - [April, 2000] 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 in accordance with the schedule to be developed as part of the scope of work. 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. City of Port Angeles - [April, 2000] 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 $ 57.800.00 VII EMPLOYMENT Employees of the CONSULTANT, while engaged in the performance of any work or services under this Agreement, shall be considered employees of the CONSULTANT only and not of the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the CONSULTANT'S employees while so engaged, on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. In performing this Agreement, the CONSULTANT shall not employ or contract with any CITY employee without the City's written consent. VIII NONDISCRIMINATION The CONSULTANT shall conduct its business in a manner, which assures fair, equal and non- discriminatory treatment of all persons, without respect to race, creed or national origin, or other legally protected classification and, in particular: A. The CONSULTANT shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity/affirmative action requirements; and, B. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. IX SUBCONTRACTS A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. B. The CONSULTANT will be using the firms submitted with its proposal as subcontractors. Subcontractors other than those listed shall not be permitted without the written consent of the CITY. City of Port Angeles - [April, 2000] 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. 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 I HOLD HARMLESS 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 resulting from the acts, errors or omissions of the Consultant in performance of this Contract, except for injuries and damages caused by the sole negligence of the City. XIV INSURANCE The Consultant shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. City of Port Angeles - [Apnl, 2000] 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. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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 canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a current A.M. Best rating of not less than AVII. City of Port Angeles - [April, 2000] 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. XV APPLICABLE LAW This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute the venue of any litigation brought hereunder shall be Clallam County. XVI EXHIBITS AND SIGNATURES This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following exhibits are hereby made a part of this Agreement: Exhibit A - Scope of Work Exhibit B - Consultant Labor Costs and Non-salary Reimbursable Costs In WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CONSULTANT Jd Q, ~/ TITLE: VrZR- 'Pre<.!'~ APPROVED AS TO FORM: ~ .' I ~~ ATTEST: . i%~~ .J.~^" .' B<Eq~y Ul 0 CITY C~ERK City of Port Angeles - [Apnl, 2000] Exhibit A; Scope of Work City of Port Angeles Distribution Rebuild Design The following projects are to be designed: 1. Laurel Street Rebuild- This project will rebuild approximately 2400 feet of 7.2 kVoverhead 1 phase #2 copper with 12.47 kV overhead 3 phase 336M along Laurel Street from Park Avenue to Ahlvers Road. 2. Ediz Hook Underground Conversion- This project involves replacing approximately 8,000 feet of 12.47 kVoverhead distribution with an underground system in an environmentally sensitive area. 3. 10th Street Reconductor- This project involves the reconductoring of approximately 1600 feet of #6 copper with 336M along 10th Street between "N" Street and "0" Street. 4. "0" Street Rebuild- This project involves reconductoring of approximately 1400 feet of 12.47 kV #2 to 336M overhead and constructing approximately 1600 feet of new 336M overhead construction. The location is along "0" Street from 10th Street to 18th Street. The scope includes the following minimum elements for each project assigned: 1. Detail design drawings in City format.(4 copies) a. Construction Specifications. b. Staking sheets. c. Underground conflict locations 2. Material list. Exhibit A; Scope of Work - Continued City of Port Angeles Distribution Rebuild Scope I Workplan I Cost Estimate Task Cost City of Port Angeles OH Distribution Design Task 1: Laurel Street Rebuild (approx. 2400 feet) $6,818 1.1 Field verify eXisting equipment, pole locations, span lengths, etc 1 2 Determine If/where new poles needed 1 3 Prepare plan drawing for line segment to be rebUilt 1.4 Check guy loads and determine new guy/anchor requirements 1 5 Prepare Unit assembly drawings 1.6 Prepare staking sheets 1 7 Prepare conductor stringing tables 1 8 Field check proposed pole and anchor locations for conflicts 1.9 Prepare material list Task 2: 10th Street Reconductor (approx. 1600 feet) $5,159 1.1 Field verify existing equipment, pole locations, span lengths, etc. 1.2 Determine If/where new poles needed 1 3 Prepare plan drawing for line segment to be rebuilt 1.4 Check guy loads and determine new guy/anchor requirements 1.5 Prepare unit assembly drawings 1.6 Prepare staking sheets 1.7 Prepare conductor stringing tables 1.8 Field check proposed pole and anchor locations for conflicts 1.9 Prepare material list Task 3: "0" Street Rebuild (approx. 1400 feet existing and 1600 feet new) $8,403 3.1 Field verify eXisting equipment, pole locations, span lengths, etc. 3.2 Determine if/where new poles needed (existing and new sections) 3.3 Prepare plan draWing for line segment to be rebUilt 3 4 Prepare plan drawing for new line segment to be built 3 5 Check QUY loads and determine new Quy/anchor requirements 3.6 Prepare unit assembly drawinQs 3.7 Prepare stakinQ sheets 3 8 Prepare conductor strinQing tables 3 9 Field check proposed pole and anchor locations for conflicts 3.10 Prepare material list Task 4: Construction Specifications $4,672 4.1 Prepare construction specification 4.2 prepare construction cost estimates Outside services for Task 3 (includes 10% mark-up) $2,310 NTI - Survey to establish ROW lines for "0" Street between 10th St.and 12th St., locate and stake poles and anchors in same area. Tasks 1 through 3 Expenses: $2,438 Travel, lodQing, meals CADD computer (75 hrs at $9/hr) Communications MISC. Total: Tasks1 through 4 Overhead Design Labor and Expenses: $29,800 TriAxis Engineering, Inc. Contest xis 4/24/00 Exhibit A; Scope of Work - Continued City of Port Angeles Distribution Rebuild Scope I Workplan I Cost Estimate Task Cost City of Port Angeles UG Distribution Design Task 1: Ediz Hook Rebuild (two independent circuits, approx. 8000 feet ea.) $26,070 1.1 Field locate centerline of new circuits, locate new vaults, verify existing services, locate new transformers, etc. 1 2 Determine equipment needed to maintain service to existing loads. 1.3 Prepare plan drawings for new circuits 1.4 Prepare unit assembly drawings/details 1.5 Prepare staking sheets 1 6 Prepare equipment procurement information for non-stock materials (catalog cuts, spec sheets, etc) 1.7 Prepare material list 1.8 Prepare construction specification 1.9 Field check final layout for confilcts 1.10 Coordination with other departments/facIlities 1 11 Prepare construction cost estimate Task 1: Expenses $1,930 Travel, lodging, meals CADD computer (75 hr at $9/hr) Communications Mlsc Total: Task1 Underground Design Labor and Expenses: $28,000 Overhead Design Total Underground Design Total $29,800 $28,000 Project Total $57,800 TriAxis Engineering, Inc. Contcst.xls4/24/00 EXHIBIT B 1 Consultant Labor Costs and Non-Salary Reimbursable Costs TRIAXIS ENGINEERING INC. FOR WORK THROUGH 12/2000 For work in 2001 use 2000 rates times consumer pnce index GENERAL GRADE LEVEL DESCRIPTION GRADE HOURL Y LEVEL RATE OFFICE ASSISTANCE OA $46.00 I TECHNICAL ASSIST TA $46.00 I TECHNICIAN, CAD DRAFTER T1 $50.00 I TECHNICIAN, CAD DRAFTER, DESIGNER T2 $52 00 I TECHNICIAN, CAD DESIGNER T3 $61.00 I TECHNICIAN, SENIOR DESIGNER T4 $73.00 TECHNICIAN, SENIOR DESIGNER T5 $74.00 ENGINEERING ASSISTANT EO $57.00 ENGINEER, PROJECT ASSISTANCE, DESIGNER E1 $65.00 ENGINEER, PROJECT DESIGN E2 $69.00 ENGINEER, PROJECT MANAGEMENT, DESIGN E3 $71.00 ENGINEER, PROJECT MANAGEMENT, DESIGN E4 $77.00 ENGINEER, PROJECT MANAGEMENT, SR. DESIGNER E5 $88 OO~I ENGINEER, PROJECT MANAGEMENT, SR. DESIGNER E6 $89.00 Labor rates Include overhead and profit. Direct expenses are reimburesed at cost. Ouside services (subcontracted) are marked up 10% to cover administatlve costs. Miliage rate: $0.325/mile Computer: Non CADD $4.00/hr., CADD $9.00/hr. CADD Plotting: $10.00 per sheet for full size (22"x34"), $0 50 per sheet for half size (11 "x17")