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HomeMy WebLinkAbout5.1072 Original ContractAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND NORTHWESTERN TERRITORIES, INC. PROJECT 05 31 S. toga RELATING TO: CONSTRUCTION INSPECTION SERVICES THIS AGREEMENT is made and entered into this 4 day of (6 2010, by and between THE CITY OF PORT ANGELES, a non charter code city of the State of Washington, (hereinafter called the "CITY and NORTHWESTERN TERRITORIES, INC., a Washington Corporation authorized to do business in the state of Washington (hereinafter called the "CONSULTANT WHEREAS, the CITY desires inspection assistance related to Dry Creek Bridge and Trail Phase 2 Construction, Project 05 -31; 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 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. The Scope of Work may be amended upon written approval of both parties. Professional Services Agreement Page 1 of 8 Dry Creek Bridge and Trail Project NTI 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, 2011. 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 1.00. The multiplier shall include overhead, CADD, computer and profit. 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. 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. Professional Services Agreement Page 2 of 8 Dry Creek Bridge and Trail Project NTI 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 $24,860.00. 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 $24,860.00. 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: Professional Services Agreement Page 3 of 8 Dry Creek Bridge and Trail Project NTI 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. Professional Services Agreement Page 4 of 8 Dry Creek Bridge and Trail Project NTI 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 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 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. Professional Services Agreement Page 5 of 8 Dry Creek Bridge and Trail Project NTI 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 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. Professional Services Agreement Page 6 of 8 Dry Creek Bridge and Trail Project NTI 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. 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 Professional Services Agreement Page 7 of 8 Dry Creek Bridge and Trail Project NTI IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF PORT ANGELES CITY MANAG CONSULTANT TITLE: Prc Acc^Da( £14crl 0Eer" V Professional Services Agreement Page 8 of 8 Dry Creek Bridge and Trail Project NTI APPROVED AS TO FORM: ATTEST: SENIOR ASSISTANT CITY ATTORNEY SSA HURD, CITY CLERK TASK 3 TESTING EXHIBIT A SCOPE OF WORK DRY CREEK BRIDGE AND TRAIL PHASE 2 CONSTRUCTION PROJECT 05 -31 PROJECT ABSTRACT The project will construct a two -span bridge with prefabricated steel truss superstructure and reinforced concrete substructure over Dry Creek. The bridge will support utility conduits for the transport of wastewater, electric and fiber optic utilities. The project will include transition trail segments from the existing Olympic Discovery Trail to the new bridge. TASK 1 CONSTRUCTION INSPECTION Provide construction inspection for bridge abutments, bridge deck assembly, and bridge erection. Subtasks to include but not limited to: Inspect work performed on contract Prepare daily inspector log Document work performed with photographs, sketches and calculations of quantities of work performed On site inspection of materials of construction Markup construction plans to document changes in construction Communicate with Project Engineer Submit all reports and documentation in a timely manner to the Project Engineer Review Contractor payment requests and provide recommendation to the Project engineer TASK 2 SURVEYING The Consultant will provide construction surveying for bridge substructure foundations and for bridge superstructure layout. Subtasks to be performed are: Establish survey control Stake for clearing and grading Stake drilled shaft locations Stake abutments and conduit locations Stake precise location of anchor bolts Office computing and crew support The Consultant will provide acceptance testing for compaction, concrete samples, rebar, bolt torque, and other testing as required by the Project Manual. Consultant Agreement Page 1 Northwestern Territories, Inc. Exhibit A Scope of Work Includes Field Work, Travel, Office Analysis and Report Preparation; the total cost is estimated to be $14,400. This assumes 24 working day construction period and inspection costs of $600 per day. This will be a maximum not to exceed fee and the City will be invoiced for only the hours worked, sub costs and direct expenses. TASK 3 TESTING TASK 1 CONSTRUCTION INSPECTION TASK 2 SURVEYING EXHIBIT B Consultant Labor Costs DRY CREEK BRIDGE AND TRAIL PHASE 2 CONSTRUCTION (Based on Scope in Exhibit A) Includes Field Work, Travel, and Office Analysis and Report Preparation; the total cost is estimated to be $4,780. This assumes four days of crew time at a rate of $1,120 per day and one -half day of office time at a rate of $600 per day. This will be a maximum not to exceed fee and will be invoiced for only the hours worked, sub costs and direct expenses. Includes Field Work, Travel, and Report Preparation; the total cost is estimated to be $5,600. This includes soil compaction tests at an aggregate cost of $2,600, and concrete testing at a cost of $3,000. This will be a maximum not to exceed fee and will be invoiced for only the hours worked, sub costs and direct expenses. Total Cost $24,860. Total based upon assumed needs and progress of the Contractor which is beyond NTI's control. To be billed hourly from the attached fee schedule. NORTHWESTERN TERRITORIES, INC., 2010 OVERHEAD LABOR RATES Northwestern Territories, Inc., current rates are shown on the attached Rate Sheet These hourly rates include overhead and profit. Northwestern Territories, Inc., adds a 10% mark up on sub consultant fees. Consultant Agreement Northwestern Territories, Inc Exhibit B Consultant Labor Cost Page 1 of 1 NT/ www nt[4u corn TIME PLUS EXPENSE RATE SCHEDULE AND BILLING PROCEDURES ENGINEERING AND LAND SURVEYING HOURLY RATE PRINCIPAL ENGINEER OR SURVEYOR $95 00 GEOLOGIST, PROJECT ENGINEER OR PROJECT SURVEYOR $90 00 SENIOR TECH OFFICE OR LAB $75 00 SENIOR TECH HELD INSPECTOR WITH EQUIPMENT (INCLUDES MILEAGE) $80 00 TECHNICIAN $65 00 TECHNICAL ASSISTANT $40 00 LAND SURVEYING 1- PERSON FIELD CREW $110 00 LAND SURVEYING 2- PERSON FIELD CREW $140 00 LAND SURVEYING 3- PERSON FIELD CREW $175 00 CONSTRUCTION SURVEYING 2- PERSON FIELD CREW. $150 00 CONSTRUCTION SURVEYING 3- PERSON FIELD CREW $185 00 COURT TESTIMONY DEPOSITIONS $175 00 1 Unless otherwise noted, hourly rates include materials, equipment and vehicular mileage 2 Minimum charge for professional services is one hour for office consultation, two hours for field consultation, and four hours for court testimony 3 Work in excess of eight hours and Saturdays is to be billed at time and one -half, Sunday and Holidays at double time Travel in excess of eight hours will be billed at regular full time hourly rates listed above 4 Non -salary reimbursable expenses will include the following items a Items outside of general overhead costs, such as special legal and accounting expenses, special consultants, backhoe services, laboratory charges, special copying services and printing and binding at 10% above actual cost b Government fees directly related to the project such as County survey recording fees and agency review fees c Out -of -town travel and living expenses related to the project Travel time shall be hourly per rates listed above MATERIALS TESTING LABORATORY SERVICES (Per item tests Include all laboratory labor unless noted) CONCRETE, MORTAR OR GROUT COMPRESSION TEST -For each cylinder logged into the lab break or not Includes curing, testing and reporting of specimens CONCRETE CYLINDER MOLD CAST BY OTHERS ADDED CHARGE DRY GRADATION (SIEVE) ANALYSIS (ASTM C -33 and C -136) WET GRADATION (SIEVE) ANALYSIS (ASTM C -117 and C -136) SAND EQUIVALENT (AASHTO D -4318 and ASTM D -2419) PROCTOR (SOIL MOISTURE DENSITY, ASTM D -698 or ASTM D -1557) LABORATORY TIME AFTER HOURS (3 HR MINIMUM) SAME DAY CALL -IN FOR INSPECTION OR TEST (If an Inspector is available NOTE Samples that require extra processing prior to testing or require the testing of a large amount of sample (i e performing sieve analysis on material with large particle sizes) will be billed at an hourly rate EFFECTIVE JANUARY 1 2010 SUBJECT TO REVISION G \Gen \Rate Schedule \Rate Schedule January 1, 2010 doc NTI ENGINEERING LAND SURVEYING 717 SOUTH PEABODY STREET. PORT ANGELES. WA 98362 Engineers Land Surveyors Geologists Construction Inspection Matenals Testing (3601 452 -8491 FAX 452 -8498 www ntr4u com E -Mail Infoc nti4u com 30 00 Each 5 00 Each 75 00 Each 150 00 Each 100 00 Each 300 00 Each 100 00 Hour 25 00 Charge Consultant Agreement Northwestern Territories, Inc. Exhibit C Non -Salary Reimbursed Costs EXHIBIT C Non salary Reimbursed Costs DRY CREEK BRIDGE AND TRAIL PHASE 2 CONSTRUCTION PROJECT 05 -31 This Section Left Empty Page 1 of 1 Milestone Survey layout for bridge footings and trail Survey layout for bridge deck anchor bolts Bridge Inspection Testing Project Complete Consultant Agreement Northwestern Territories, Inc. Exhibit D Schedule for Work Schedule for the Work DRY CREEK BRIDGE AND TRAIL PHASE 2 CONSTRUCTION PROJECT 05 -31 Date As requested by Bridge Contractor As requested by Bridge Contractor As Required As Required December 31, 2011 EXHIBIT D Comments /Description One time survey to layout bridge footings, utility conduits, and trail. Additional layouts to be responsibility of Bridge Contractor. One time survey to layout bndge bolt locations and alignment. Additional layouts to be responsibility of Bridge Contractor. Inspections as required by Project Manual. Concrete, steel, and other tests as required by Project Manual. Final billing. Transfer of construction logs, photos, sketches, calculations, test reports, marked up plans, and other matenals to City. Page 1 of 1