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HomeMy WebLinkAbout5.878 Original ContractAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND NORTH SKY COMMUNICATIONS PROJECT CL0607 RELATING TO: OVERHEAD POWER LINE RELOCATIONS THIS AGREEMENT is made and entered into this day of October, 2009, by and between THE CITY OF PORT ANGELES, a non- charter code city of the State of Washington, (hereinafter called the "CITY ") and NORTH SKY COMMUNICATIONS, INC., a Washington Corporation (hereinafter called the "CONSULTANT'). WHEREAS, the CITY desires engineering, consulting, and planning assistance related to reconstruction of overhead distribution and transmission power lines, 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: 1 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. Page 1 of 7 5 17 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 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 December 31, 2010. The initial design and bid package described in Exhibit A shall be completed by January 31, 2010 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 CONSULTANTS cost for actual labor, overhead and profit plus CONSULTANT'S direct non - salary reimbursable costs for an amount not to exceed the proposal in the attached Exhibit B 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 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. Page 2 of 7 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 $29,830.00 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 Bali 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, shalt 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 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. Page 3 of 7 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. X1I 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 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 11 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 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 Agreement, except for injuries Page 4of7 1 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 shalt 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 A. Minimum Scope of Insurance Consultant shaii 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 Page 5of7 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 Tess 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. 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. Page 6 of 7 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 — Consultant Proposal IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF PORT ANGELES APPRQVED AS TO FO WILLIAM E. BLOOK, CITY i6Lc��u�/ t �� �a—a MAYOR ATTORNEY CONSULTANT TITLE: CD. • Page 7 of 7 ATTEST: JAWSSA HURD, CITY CLERK Exhibit A Scope of Work Design upgrade for approximately one mile of existing 69 kV overhead power transmission fine from the City of Port Angeles College Substation to Washington Substation, and remove an existing parallel 69 kV line between these substations. Line to be rebuilt has some 12 kV distribution underbuild that will remain. Existing wood poles shall be inspected as part of this consulting contract, and new fiberglass poles shall be specified where pole condition indicates replacement may be required within 10 years. New line shall be designed for operation at 115kV, and new 69 kV conductor shall be 556 ACSR. Consultant shall provide a complete set of construction drawings, pole framing details, technical specifications, and estimated construction cost for this construction Provide two full size hard copies, three half -size hard copies, and all material in electronic format. floc September 18, 2009 City of Port Angeles Public Works & Utilities Department P O Box 1150 Port Angeles, WA 98362 -0217 Attn. Terry Dahlquist, P.E. Subject Contract Proposal, Electrical Engineering Services 69kV Overhead Line Rebuild / Reconductor North Sky Communications Providing Electrical Engineering & Consulting Dear Mr Dahlquist: Per your meetings with Chris Roethle, you requested that North Sky create an engineering proposal for the 69kV rebuild / reconductor of the existing overhead circuit between College and Washington substations for approximately one mile. The project is located with the City of Port Angeles. The following sections contain a description of the project and our proposed scope of services and with a not to exceed hourly fee structure SCOPE OF SERVICES Task 1: Engineering Development North Sky's engineering design will include the use of 115kV insulation and design standards using 556 4 ACSR conductors, with 115kV class insulators. North Sky will make route recommendations between the College and Washington substations based on cost and constructability. North Sky's engineering will also incorporate the removal of the parallel line. North Sky, as part of this scope, will inspect and analyze the poles to determine overall conditions and life expectancy, however if required at the request of the City of Port Angeles engineer of North Sky's engineer, the City of Port Angeles will provide the professional personnel and a crew support for core drilling the pole butts below grade and provide core samples along with pole top inspections where necessary. Any poles that require replacement due to age or pole which will require replacement within ten years will be replaced with new fiberglass poles. Task 2: Design North Sky's design will include plan and elevation views, general and specific construction notes, electrical circuit schematics and technical tables including sag and tension and. This design will be stamped by our registered electrical engineer It will be delivered as construction ready prints with a detailed material list. A preliminary design submittal will be provided to you for your review and approval; after which the final electrical design will be completed Upon completion of the design, North Sky will provide the city with a 2 full size sets drawings and a CD with electronic fifes and drawings in Auto Cad 2009. You can expect a great level of detail and thoroughness with our engineering design. MSC will provide pole framing details, construction sequence and an engineer's construction estimate. Our services will also incorporate the necessary meetings, interface and coordination with the City of Port Angeles. NSC will attend a pre - construction walk thru meeting if required. FEES For the scope of services outlined herein, we propose an hourly fee with a not to exceed fee equal to $29,830 00 for above tasks. 1303 Central Ave South Suite 201 • Kent, WA 98032 • Office: (253)520 -3488 • Fax: (253)520-3985 Please note that since this is a rebuild of an existing circuit and the poles are currently in use the North Sky design will not include a detailed profile. We do not anticipate the need for surveying support, however, if the need comes up the scope and costs will be negotiated in advance with the City of Port Angeles at their expense. Any additional services not included in the above referenced scope of services will be billed at our hourly rate. I trust this engineering proposal meets your expectations If you are satisfied with this proposal and scope of work, please contact us at your earliest convenience and we will be pleased to forward an engineering services contract to your offices. Please don't hesitate to call if there are questions or concerns. North Sky appreciates the opportunity to provide any engineering services or assistance Sincerely, NORTH SKY COMMUNICATIONS, INC. Engineering Services Division Barry Eronson, Director of Engineering CC: New Business Development - Page 2 of 2 - 1303 Central Ave South Suite 201 • Kent, WA 98032 • Office: (253)520-3488 • Fax: (253)520 -3985 RELATING TO: THE CITY'S ELECTRIC DISTRIBUTION SYSTEM THIS AMENDMENT NO. 1 is made and entered into this C day of 2010, by and between THE CITY OF PORT ANGELES, a non- charter code city of the State of Washington, (hereinafter called the "CITY ") and North Sky Communications, Inc., a Washington Corporation (hereinafter called the "CONSULTANT "). WHEREAS, the CITY entered in to an AGREEMENT with the CONSULTANT on October 26, 2009, (the AGREEMENT) and WHEREAS, the CITY desires to amend the AGREEMENT to amend the Scope of Work, Budget, and Time of Performance. NOW, THEREFORE, in consideration of the representations and the terms, conditions, covenants and agreements set forth in the original AGREEMENT and this AMENDMENT, the parties hereto agree as follows: I THE AGREEMENT IS HEREBY AMENDED AS FOLLOWS: A. REVISED SCOPE OF WORK AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND NORTH SKY ENGINEERING, INC. PROJECT CL0607 5;1 7 The professional services to be performed and the results to be achieved by the CONSULTANT shall include the additional services described in the Exhibit A, attached to this AMENDMENT, together with all services and material necessary to accomplish that additional work. B. TIME OF PERFORMANCE The performance period shall be extended through October 31, 2010. C. MAXIMUM COMPENSATION For full and complete performance of the additional services pursuant to this Amendment, the CONSULTANT shall be paid additional compensation as stated in the Exhibit B attached to this Amendment. The budget for any Task may be further adjusted by mutual agreement without an amendment to the Agreement, as long as the maximum compensation amount of $46,830.00 is not exceeded. Amendment No. 1 to North Sky Communications Agreement CL0607 Page 1 of 4 II RATIFICATION The Agreement as amended herein, shall remain in effect and is hereby ratified and confirmed. In WITNESS THEREOF, the parties hereto have executed this Amendment No. I to the Agreement as of the day and year first written above. CITY OF PORT ANGELES: NORTH SKY , INC.: . �4, TITLE: QcfrAjc APPROVED AS TO FORM: CITY ATTORNEY ATTEST: ait.wagyei, ClryCLERK Amendment No. 1 to North Sky Communications Agreement CL0607 Page 2 of 4 In addition to work described in Exhibit A of the original agreement, Consultant shall provide the following services: Design conversion of existing overhead 15kV line across Dry Creek on the Milwaukee grade to underground. New underground shall connect existing cabinets on each side of Dry Creek, utilizing proposed bridge across Dry Creek for Discovery Trail. Contractor to coordinate with designers of bridge to provide conduits needed for crossing. Design replacement of underground conductor on "0" Street, between 12 and 14 Streets. New cable to be equal in capacity to 350 MCM copper EPR cable. Consultant shall provide a complete set of construction drawings, pole framing details, technical specifications, and estimated construction cost for this construction. Provide two full size hard copies, three half -size hard copies, and all material in electronic format. Amendment No. 1 to North Sky Communications Agreement CL46U7 Page 3 of 4 Exhibit A Scope of Work G INEERIMG L$ A QUANTA SEANCES CCIMPANY February 18, 2010 . City of Port Angeles Public Works & Utilities Department P.Q. Box 1150 Port Angeles, WA 98362 -0217 Attn: Terry Dahlquist, P.E. Subject: Proposal, Electrical Engineering Services Dear Mr. Dahlquist: Providing Electrical Engineering & Consulting Per your meetings with Chris Roethle, you requested that North Sky Engineering create an engineering proposal for the second part of the City of Port Angeles "Request for Proposal' dated July 2009. Both portions of the second part are located within the City of Port Angeles. The following sections contain a description of the project and our proposed scope of services and with a not to exceed hourly fee structure. SCOPE OF SERVICES Task 1: Engineering Development North Sky Engineering will produce an electrical design to convert one span of overhead 336AAC 600A non -fused distribution (feeder), for approximately 400' to underground. This North Sky design will coordinate the design with the installation of a new pedestrian foot bridge. Also on a separate engineering design North Sky will produce an electrical design to replacement approximately 840' of existing 1/0 aluminum URD type cable with new 500kCMIL aluminum cable utilizing the existing 5" Schedule 40 PVC conduit. Task 2: Design North Sky Engineering's design will include plan and elevation views, general and specific construction notes, electrical circuit schematics and technical tables. This design will be stamped by our registered electrical engineer. It will be delivered as construction ready prints with detailed material list. A preliminary design submittal will be provided to you for your review and approval; after which the final electrical design will be completed. Upon completion of the design, North Sky will provide the city with a 2 full size sets drawings and a CD with electronic files and drawings in AutoCad file format. You can expect a great level of detail and thoroughness with our engineering design. Our services will also incorporate the necessary meetings, interface and coordination with the City of Port Angeles. North Sky Engineering will attend a pre - construction walk thru meeting if required. 1303 Central Ave South Suite 201 • Kent, WA 98032 • Office: (253)520 -3488 • Fax: (253)520 -3985 FEES For the scope of services outlined herein, we propose an hourly fee with a not to exceed fee equal to $17,000.00 for above tasks. Please note that any additional services not included in the above referenced scope of services will be billed at our hourly rate. I trust this engineering proposal meets your expectations. If you are satisfied with this proposal and scope of work, please contact us at your earliest convenience and we will be pleased to forward an engineering services contract to your offices. Please don't hesitate to call if there are questions or concerns. North Sky appreciates the opportunity to provide any engineering services or assistance. Sincerely, NORTH SKY ENGINEERING, INC. ..-B`k Barry Eronson, Director of Engineering cc: BD, City of P.A. - Page 2of2- 1303 Central Ave South Suite 201 • Kent, WA 98032 • Office: (253)520 -3488 • Fax: (253)520 -3985