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HomeMy WebLinkAbout000220 Original ContractTHIS AMENDMENT NO. 5 is made and entered into this 5 r day ofGi 2013, by and between the City of Port Angeles, a non charter code city of the State of Washington, (hereinafter called the "CITY and Sargent Engineers, Inc., a Washington Corporation authorized to do business in the State of Washington (hereinafter called the "CONSULTANT 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: SECTION 1 The CITY entered into the existing AGREEMENT with the CONSULTANT on October 4, 2011, (the AGREEMENT). The CITY and the CONSULTANT amended the AGREEMENT on February 10, 2012, June 19, 2012, September 4, 2012 and October 2, 2012 (the AMENDMENTS). SECTION 2 I AMENDED SCOPE OF SERVICES A. The scope of professional services is unchanged for all tasks. II TIME OF PERFORMANCE The work for Tasks 1 2, (Structural Analysis and Design for Repair of 8 Francis St. Sewer Trestle), Task 4, (Tumwater St. Retaining Wall), and Task 5, (Marine Dr. Pedestrian Study), shall be completed by December 31, 2013. SECTION 3 RATIFICATION Except as modified herein, the original AGREEMENT and AMENDMENTS are confirmed and ratified. In WITNESS WHEREOF, the parties hereto have executed this Amendment No. 5 to the Agreement as of the date and year first written above. OCA 2011 -01 AMENDMENT NO. 5 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT ANGELES AND SARGENT ENGINEERS, INC. OCA 2011 -01 Amendment 5, Page 1 3/19/2013 000220 CITY OF PORT GELES SARGENT ENGINEERS, INC. By: l l [Deputy Director of Engineen ATTEST: Janessa Hurd, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney OCA 2011 -01 By: 'l✓/ a ,71 4 -5 Title: Prlt,c rpa f Amendment 5, Page 2 3/19/2013 THIS AMENDMENT NO. 4 is made and entered into this dav of 2012, by and between the City of Port Angeles, a non- charter code city of the State of Washington, (hereinafter called the "CITY and Sargent Engineers, Inc., a Washington Corporation authorized to do business in the State of Washington (hereinafter called the "CONSULTANT 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: SECTION 1 The CITY entered into the existing AGREEMENT with the CONSULTANT on October 4, 2011, (the AGREEMENT). The CITY and the CONSULTANT amended the AGREEMENT on February 10, 2012, June 19, 2012 and September 4, 2012 (the AMENDMENTS). SECTION 2 I AMENDED SCOPE OF SERVICES A. The scope of professional services is amended to include Task 5 as described in the attached Exhibit A2 to Amendment 4. The CONSULTANT shall provide and furnish all services and material necessary to accomplish the additional work for Task 5 identified in Exhibit A2 to Amendment 4. II TIME OF PERFORMANCE AMENDMENT NO. 4 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT ANGELES AND SARGENT ENGINEERS, INC. OCA 2011 -01 The work for Task 5 shall be completed by January 31, 2013. III MAXIMUM COMPENSATION 000220 The CONSULTANT'S total compensation and reimbursement are stated in the attached Exhibit C2 to Amendment 4. The maximum compensation amount of the Agreement for Task 5 is $18,343.00. The budget for Task 5 may be further adjusted by mutual agreement without an OCA 2011 -01 Amendment 4, Page 1 9/28/2012 amendment to the Agreement, as long as the maximum compensation for Task 5 of $18,343.00 is not exceeded. The maximum compensation amount for all Tasks of the Agreement is $119,503.00. IV EXHIBITS This Amendment, including its exhibits, constitutes the entire Amendment, supersedes all prior written or oral understandings related to the subject of this Amendment, and may only be changed by written agreement by both parties. The following exhibits arc hereby made a part of this Amendment: Exhibit A2 Scope of Services Exhibit C2 Budget of Task 5 SECTION 3 RATIFICATION Except as modified herein, the original AGREEMENT and AMENDMENTS are confirmed and ratified. In WITNESS WHEREOF, the parties hereto have executed this Amendment No. 4 to the Agreement as of the date and year first written above. CITY OF PORT ANGELES SARGENT ENGINEERS, INC. ATTEST: City Manager ssa Hurd, City Clerk APPRO ED AS TO FORM: William Bloor, City A OCA 2011 -01 Amendment 4, Page 2 9/28/2012 Task 5 Westport Shipyard Pedestrian Overpass or Underpass Exhibit A 2- Scope of Services The Port of Port Angeles and the City of Port Angeles are studying the cost and feasibility of constructing an overpass or an underpass near the intersection of Tumwater Road to carry workers from the parking lot south of Marine Drive to Westport Shipyard north of Marine Drive. Consultant shall provide the following services for this task related to the proposed overpass or underpass:. 1. Perform a land survey of the area that will map the topography in the area and property boundaries. The survey shall extend 300 feet to the east, south, and west of the intersection from Marine Drive and Tumwater Road along both Marine Drive and Tumwater Road. Monuments will not be placed during this work. 2. Prepare crossing concepts that will include an overpass concept and an underpass concept. A preliminary plan will be prepared for each concept. 3. Prepare a cost estimate for each concept. 4. Present the plans to the Port and City for review. 5. Refine the concepts for the Port and City to discuss with Westport Shipyard. Task 5 Exhibit C2 Budget of Task 5 Westport Shipyard Pedestrian Overpass or Underpass Pnncipal Senior Engineer Senior Project Engineer Ned Engineer Design Engineer Drafter II Clerical Task Cost Rate, $154.00 $120.00 $11700 $106.00 $85.00 $82.00 $61.00 Plans, Specifications, and Estimate Management 2 $308 Prepare overpass concept 24 24 $4,776 Prepare underpass concept 24 24 $4,776 Prepare cost estimates 4 $468 Present options 7 $1,078 Refine overpass concept 12 8 $2,060 Refine underpass concept 12 8 $2,060 Total Direct Salary Cost 9 0 76 0 0 64 0 $15,526 Direct Costs Mileage 228 miles at $0.555 per mile $126 54 Lane Survey $2,690.00 Total Direct Costs $2,817 Total $18,343 Task 5 Exhibit C2 Budget of Task 5 Westport Shipyard Pedestrian Overpass or Underpass SECTION 1 SECTION 2 II TIME OF PERFORMANCE OCA 2011 -01 AMENDMENT NO. 3 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT ANGELES AND SARGENT ENGINEERS, INC. OCA 2011 -01 I AMENDMENT SCOPE OF WORK The work for Task 4 shall be completed by January 14, 2013. III MAXIMUM COMPENSATION 000220 AMENDMENT 3 THIS AMENDMENT NO. 3 is made and entered into this L day of 2012, by and between the City of Port Angeles, a non charter code city of the State of Washington, (hereinafter called the "CITY and Sargent Engineers, Inc., a Washington Corporation authorized to do business in the State of Washington (hereinafter called the "CONSULTANT 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: The CITY entered into the existing AGREEMENT with the CONSULTANT on October 4, 2011, (the AGREEMENT). The CITY and the CONSULTANT amended the AGREEMENT on February 10, 2012 and June 19, 2012 (the AMENDMENTS). A. The scope of professional services to be performed and the results to be achieved by the CONSULTANT for Task 4 is amended to include additional work as described in the attached amended Exhibit Al. The CONSULTANT shall provide and furnish all services and material necessary to accomplish the additional work for Task 4 identified in amended Exhibit Al. The CONSULTANT'S total compensation and reimbursement are stated in the attached Exhibit Cl to Amendment 3. The maximum compensation amount of the Agreement for Task 4 is Amendment 3, Page 1 8/31/2012 $25,326.00. The budget for Task 4 may be further adjusted by mutual agreement without an amendment to the Agreement, as long as the maximum compensation for Task 4 of $25,326.00 is not exceeded. The maximum compensation amount for all Tasks of the Agreement is $101,160.00. IV EXHIBITS This Amendment, including its exhibits, constitutes the entire Amendment, supersedes all prior written or oral understandings related to the subject of this Amendment, and may only be changed by written agreement by both parties. The following exhibits are hereby made a part of this Amendment: Exhibit Al Scope of Services Exhibit Cl Budget of Tasks SECTION 3 RATIFICATION Except as modified herein, the original AGREEMENT and AMENDMENTS are confirmed and ratified. In WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement as of the date and year first written above. CITY OF PORT ANGELES By: City Manager ATTEST: sa Hurd, City Clerk APPROVED AS TO FORM: OCA 2011 -01 Wil am E. Bloor, City At SARGENT ENGINEERS, INC. By: Title: P✓'irtc,i Pa Amendment 3, Page 2 8/31/2012 Task 4 Tumwater Road Retaining Wall EXHIBIT Al Scope of Work Tumwater Road near 5th Street has a steep slope between Tumwater Road and SR 117 below. The slope has not been stable with shallow slides over the years. In 1999 or 2000 a soldier pile wall was constructed at the edge of the sidewalk. The maximum height of the wall was five feet and the average slope of the hill side was 41 degrees (1.15 horizontal to 1 vertical). At the same time as the wall construction, an erosion mat was supposed to be constructed on the hill side with alder, hemlock and other plants planted to help stabilize the hill side. There is not any evidence that the plantings established themselves on the slope. The slope is currently covered with blackberry vines and grass. In the winter of 2008 -2009 a portion of the fill slid from the bottom of the wall exposing the soldier plies. Approximately six to seven feet of material slid away from the wall. Terracon recently reviewed the stability of the slope and the adequacy of the retaining wall to support the road They wall condition and it was their belief that excessive ground water caused the slide. They felt like the hill side was stable for deep seated failure but probably marginally stable for shallow slides. Their recommendation was to capture the water behind the wall and carry it away from the wall and install tiebacks to increase the stability of the wall. They did not give design parameters for the tieback design. The road has utilities in it which will make the installation of tie backs risky. The objective of this project is to stabilize the wall. However, to do this, the hill side needs to be improved so the wall improvements will work. The Consultant shall provide the following services: 1. Review the options available for improving the wail. This will include adding tie backs to the wall, building a soil nail wall on the front of the existing wall, or building a soldier pile wall in front of the existing wall. 2. Look at stabilizing the slope by putting reinforcement on the slope to minimize erosion. 3. Review where water may enter the system and determine ways to handle water so that it will not erode the slope. This includes drains drilled into the existing wall that drain the water to the bottom of the slope. 4. Prepare preliminary cost estimates for the improvements. 5. Submit the alternatives and cost estimates to the City for review. 6. Prepare the plans, specifications, and estimate for the selected alternative for construction. The City will provide the following: 1. Land survey of the hill side. 2. Plans for the construction of the existing wall. 3. Geotechnical reports for the original wall and the review performed by Terracon. The project will performed according to the following schedule: Submit preliminary alternatives and construction costs: October 1, 2012 Submit 60% construction documents for review: November 12, 2012 Submit 90% construction documents for review: December 24, 2012 Submit final contract documents: January 14, 2013 Advertise for bidding: January 22, 2013 Bids due: February 12, 2013 It is not anticipated that any permits will be required for the project. 000220 SECTION 1 SECTION 2 AMENDMENT NO. 2 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT ANGELES AND SARGEANT ENGINEERS, INC. OCA 2011 -01 THIS AMENDMENT NO. 2 is made and entered into this I f day of JIA.A.t.- 2012, by and between the City of Port Angeles, a non charter code city of the State of Washington, (hereinafter called the "CITY and Sargent Engineers, Inc., a Washington Corporation authorized to do business in the State of Washington (hereinafter called the "CONSULTANT 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: The CITY entered into the existing AGREEMENT with the CONSULTANT on October 4, 2011, (the AGREEMENT). I AMENDMENT SCOPE OF WORK A. The scope of professional services to be performed and the results to be achieved by the CONSULTANT for Task 2 is amended to include additional work as described in the attached amended Exhibit Al. The CONSULTANT shall provide and furnish all services and material necessary to accomplish the additional work for Task 2 identified in amended Exhibit Al. B. Exhibit G, SECTION 2. BASIC SERVICES, of the Agreement is replaced in its entirety to read: OCA 2011 -01 SECTION 2. BASIC SERVICES CONSULTANT shall provide civil and structural engineering CONSULTANT services for studies, design and post -award construction services. Tasks may be awarded by the City for one year from the date of award of the agreement as specifically authorized by the Council to meet needs related to the City's structural and civil engineering Amendment 2, Page 1 6/25/2012 requirements in support of the Capital Facilities Program and City infrastructure. In addition to on -call services, the initial project tasking will be for the evaluation and design of the repair project for the "8th and Francis Streets Sewer Trestle." Other projects may include but is not limited to the Marine Drive Channel Wall, Marine Drive Bridge at NPI, and the City's bridge inspection program. This list of services is meant to be illustrative in nature only and is not meant to be a complete or exclusive list. On -Call Services Scope of Work. Consultant shall provide technical assistance and other services related to the City's structural infrastructure at the specific request and direction of authorized City staff. No such assistance or services shall be provided unless specifically directed by City in writing via email or more formal communication. The purpose of this task, when awarded, is to facilitate timely response by Consultant to needs that are unforeseen at this time. The budget for this task is a contingency allowance that includes labor and expenses. II TIME OF PERFORMANCE The work for Task 2 shall be completed by September 31, 2012. III MAXIMUM COMPENSATION The CONSULTANT'S total compensation and reimbursement are stated in the attached Exhibit Cl to Amendment 2. The maximum compensation amount of the Agreement for Task 2 is $49,998.00. The budget for Task 2 may be further adjusted by mutual agreement without an amendment to the Agreement, as long as the maximum compensation for Task 2 of $49,998.00 is not exceeded. The maximum compensation amount for all Tasks of the Agreement is 75,834.00. IV EXHIBITS This Amendment, including its exhibits, constitutes the entire Amendment, supersedes all prior written or oral understandings related to the subject of this Amendment, and may only be changed by written agreement by both parties. The following exhibits are hereby made a part of this Amendment: Exhibit Al Scope of Services Exhibit C 1 Budget of Tasks SECTION 3 RATIFICATION Except as modified herein, the original AGREEMENT is confirmed and ratified. OCA 2011 -01 Amendment 2, Page 2 6/25/2012 In WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 to the Agreement as of the date and year first written above. CITY OF PORT ANGELES SARGENT ENGINEERS, INC. By: 0 City Manager ATTEST: Jan: a Hurd, City Clerk APPROVED AS TO FORM: OCA 2011 -01 William Bloor, City Attorney By: L4 Title: Pil Amendment 2, Page 3 6/25/2012 1. The City is concerned about the integrity of the pipe and has asked Sargent Engineers to explore two options for upgrading it: slip lining and replacement. These options will be reviewed, a recommendation for the City's consideration will be made, and PS &E documents will be prepared for the preferred option. It is intended that these be included in the contract documents being prepared by Sargent Engineers for the Seismic Retrofit. Assumptions Scope of Work Task 2: 8th and Francis Street Sewer Trestle Design Additional Work The following work items are being added to the scope of work that was previously tasked. Consultant shall provide the following services related to the 8th and Francis Street Sewer Trestle: OCA 2011 -01 EXHIBIT Al Scope of Services Tasks Mapping of the sewer system is available from the City. Flow data for the Francis Street sewer main is available from the City. Flow data for this specific location is not available, and will need to be derived. Task 1 Collect available information Base mapping, sewer system mapping and flow data will be collected and reviewed. Task 2 Calculate maximum instantaneous flow Using the mapping and flow data gathered above, the maximum instantaneous flow that can be expected in the pipe across the trestle will calculated Task 3 Review Alternatives The options of slip lining the CMP or replacing it and will be reviewed, to determine feasibility and probable construction cost of the two options. The results of this analysis will be transmitted to and forwarded to the City for their review. Task 4 Prepare Design Upon selection of a preferred alternative, details, special provisions, and an engineer's estimate of construction cost for the slip lining or replacement of the sewer main will prepared. These documents will be used in completing the PS &E for the overall project. 2. Wetlands were discovered at the trestle, so the environmental process needs to be modified to document the wetlands. The boundaries of the wetland will be identify in the field, the significance of the wetland evaluated, and a wetland report will be prepared. It is assumed that the wetland report will not require consultation from the US Army Corps of Engineers, but will only require concurrence from the local permitting agency. The purpose of the wetland report is to identify jurisdictional wetland within the project corridor and provide mitigation if necessary. The Amendment 2, Page Al -1 6/25/2012 Consultant shall develop, implement, and complete field surveys to identify and delineate wetlands in the project area using the appropriate methods described in the Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987), Wetlands Research, Technical Report Y -87- 1, January 1987 and supplemented with addition requirement if required by City Code. The Consultant shall delineate wetlands within 200 feet of the project area. The Consultant shall prepare a comprehensive report that includes detailed wetland maps, documentation of survey methods, results, potential impacts from project actions, and recommendations for wetland protection and mitigation. The report also shall contain appropriate forms for wetland identification, delineation and function assessment required by the City. The information in this report is intended for use in compliance with Section 404 of the Clean Water Act. The final report and associated documents shall be in a format acceptable to the USACE and the City. Delineated wetland boundaries shall be identified on the ground with flagging. Deliverables 1. A draft Wetland Delineation Report for review by City 2. Three copies of a final Wetland Delineation Report, incorporating the City's comments. Construction assistance services are not included in this proposal. OCA 2011 -01 Amendment 2, Page Al -2 6/25/2012 Sub Task Plans, Specifications, and Estimate Approved Budget Amendment 2 Revised Budget TASK 1 STRUCTURAL ANALYSIS AND DESIGN FOR THE REPAIR OF THE 8TH AND FRANCIS STREETS SEWER TRESTLE 1 01 1.02 Visual Inspection of Bridge and Measure Bridge $2,379.00 $2,379.00 1.03 Evaluate Bridge $4,224.00 $4,224.00 1.04 NOT USED $0.00 $0.00 1.05 Repair Alternatives $1,056.00 $1,056.00 1.06 Report $1,861.00 $1,861.00 1.07 Communications and Meetings $1,192.00 $1,192.00 Total Direct Salary Cost $10,712.00 $10,712.00 Direct Costs 1.51 Mileage $253.00 $253.00 1.52 Surveying Subconsultant $3,780.00 $3,780.00 Total Direct Costs $4,033.00 $4,033.00 Task 1 Total $14,745.00 $0.00 $14,745.00 TASK 2 8TH FRANCIS SEWER TRESTLE DESIGN 2.01 Management $1,192.00 $298 00 $1,490.00 2 02 Site Visit $1,464.00 $1,464.00 2.03 Retrofit longitudinal $1,944.00 $1,944.00 2.04 Retrofit transverse $3,240.00 $3,240 00 2 05 Cover sheet $409.00 $409.00 2.06 Layout sheet $1,474.00 $1,474.00 2.07 Longitudinal retrofit (1 sheet) $1,474.00 $1,474 00 2.08 Transverse retrofit (1 sheet) $1,474.00 $1,474.00 2.09 Specifications $1,944.00 $1,944.00 2 10 Check design $3,264.00 $3,264.00 2.11 Check plans $408.00 $408.00 2.12 Check specifications $1,224.00 $1,224.00 2.13 Cost estimate $1,464.00 $1,464.00 2.14 Coordination $1,632.00 $1,632 00 2.15 Meetings $1,632.00 $1,632.00 OCA 2011 -01 EXHIBIT C1 Budget of Tasks Amendment 2, Page C1 -1 6/25/2012 Sub Task Plans, Specifications, and Estimate Approved Budget Amendment 2 Revised Budget 2.16 Pipe Details $652.00 $652.00 2 17 Wetland Details $652.00 $652.00 Total Direct Salary Cost $24,239.00 $1,602.00 $25,841.00 Direct Costs 2.51 Mileage $505.00 $505.00 2.52 Environmental Permitting $9,400.00 $9,400.00 2.53 Pipe Evaluations and Engineering $9,100.00 $9,100.00 2.54 Wetland Report $5,152 00 $5,152 00 Total Direct Costs $9,905.00 $14,252.00 $24,157.00 Task 2 Total $34,144.00 $15,854.00 $49,998.00 TASK 3 NIPPON BRIDGE INSPECTION LOAD RATING 3.01 Inspect Bridge $2,292.00 $2,292.00 3.02 Underwater Inspection $1,272.00 $1,272 00 3.03 Load Rate Bridge $1,104.00 $1,104.00 3.04 Bridge Report in BridgeWorks $552.00 $552 00 3.05 Management $596.00 $596 00 Total Direct Salary Cost $5,816.00 $5,816.00 Direct Costs 3.51 Mileage $275.00 $275.00 3.52 Diver $5,000.00 $5,000.00 Total Direct Costs $5,275.00 $5,275.00 Task 3 Total $11,091.00 $0.00 $11,091.00 TOTAL TASK 1, 2 3 $59,980.00 $15,854.00 $75,834.00 OCA 2011 -01 EXHIBIT C1 Budget of Tasks Amendment 2, Page C1 -2 6/25/2012 AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT ANGELES AND SARGEANT ENGINEERS, INC. OCA 2011 -01 THIS AMENDMENT NO. 1 is made and entered into this �0 day of Fdpgarvk- 2012, by and between the City of Port Angeles, a non charter code city of the State of Washington, (hereinafter called the "CITY and Sargent Engineers, Inc., a Washington Corporation authorized to do business in the State of Washington (hereinafter called the "CONSULTANT 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: SECTION 1 The CITY entered into the existing AGREEMENT with the CONSULTANT on October 4, 2011, (the AGREEMENT). SECTION 2 I MAXIMUM COMPENSATION Section V of the Agreement is amended in its entirety to read: OCA 2011 -01 The CONSULTANT'S compensation and reimbursement under this Agreement, for each project, work, study or undertaking authorized by this Agreement including labor, direct non salary reimbursable costs and outside services, shall be specifically set forth in each Task Order. Compensation and payment procedures are set forth in Exhibit C. II REVISED EXHIBITS Section XVII is amended to strike a reference to Exhibit A and to add Exhibit G Revised Scope of Services, attached to this AGREEMENT. SECTION 3 RATIFICATION Except as modified herein, the original AGREEMENT is confirmed and ratified. Amendment 1, Page 1 1/27/2011 oo In WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement as of the date and year first written above. CITY OF PORT ANGELES ATTEST: City Mang Ja e:sa Hurd, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney OCA 2011 -01 s SARGENT ENGINEERS, INC. By: Title: Pif rt c) Pc Amendment 1, Page 2 1/27/2011 The CONSULTANT shall provide to the CITY's Department of Public Works Utilities Department CONSULTANT services for various CITY engineering services and projects. The CONSULTANT'S services shall be provided as requested by the City Manager or his designee on an as needed basis, as set forth in a "Task Tasks may be for any engineering technical support, work, study, design, project, etc. that is within the general scope of this agreement. The CONSULTANT shall provide general assistance on issues pertaining to CITY projects and support and shall prepare other engineering CONSULTANT services for the CITY. Additional tasks authorized after the Agreement is signed will be included as Task Orders. SECTION 1. GENERAL PROVISIONS EXHIBIT G REVISED SCOPE OF SERVICES A. The CONSULTANT shall perform all services to the satisfaction of the City Engineer. B. All of the services furnished by the CONSULTANT under this AGREEMENT shall be of the currently prevailing professional standards and quality demonstrated and provided by structural and civil engineering consultant professionals of similar knowledge and skill engaged in related work throughout Washington under the same or similar circumstances. All documentation prepared by CONSULTANT shall provide for a completed Task that conforms to all applicable codes, rules, regulations and guidelines which are in effect at the time such documentation is prepared. C. All work performed under this AGREEMENT shall be authorized in the initial AGREEMENT or by an additional bilaterally agreed to Task Order. Each Task shall detail the nature of the specific services to be performed by the CONSULTANT, the time limit within which such services must be completed and the compensation for such services. Such details shall include a description of the Task for which CONSULTANT shall perform the services, the geographic limits of the Task, the type and scope of services to be performed, the format and schedule for deliverables, the schedule of performance, and the schedule of compensation. CONSULTANT shall not perform any services unless part of the original agreement or authorized by a fully executed Task Order. Any unauthorized services performed by CONSULTANT shall be at no cost to the CITY. D. CONSULTANT shall begin work under the Task only after receipt of the authorizing initial agreement or Task Order bearing the approval signature of the City Manager or the City Manager's designee. Each authorized Task Order issued under this agreement, by the City, shall incorporate all the terms and conditions of this agreement. E. CITY will assign a Project Manager to facilitate each Task authorized under this AGREEMENT. CONSULTANT shall coordinate with the designated Project Manager on the performance of each Task. F. CONSULTANT shall be responsible for the coordination with CITY and federal, state and local agencies that are necessary for all services authorized under this AGREEMENT. SECTION 2. BASIC SERVICES. CONSULTANT shall provide civil and structural engineering CONSULTANT services for CITY technical support, studies, design, and post -award construction services. CONSULTANT shall provide the general types of services OCA 2011 -2 Amendment 1, Page 3 1/27/2012 set forth below. This list of services is meant to be illustrative in nature only and is not meant to be a complete or exclusive list. On -Call Services Scope of Work Consultant shall provide technical assistance and other services related to the City's structural infrastructure at the specific request and direction of authorized City staff. No such assistance or services shall be provided unless specifically directed by City in writing via email or more formal communication. The purpose of this task is to facilitate timely response by Consultant to needs that are unforeseen at this time. The budget for this task is a contingency allowance that includes labor and expenses. SECTION 3. SPECIFIC SERVICES. A. Service Initiation Prepare Task Scope and Proposal Upon request of CITY's Project Manager, CONSULTANT shall meet with the Project Manager to discuss the Task. CONSULTANT shall become familiar with the Task description, scope and goals and develop proposed scope of services. CONSULTANT shall prepare a proposed scope of work consistent with the standard electronic format of CITY Professional Service Agreement Task Order as determined by the Project Manager. The proposed scope of services shall, at a minimum, include the following: Task Description, Scope of Services including deliverables, and Schedule of Performance and Schedule of Compensation. For each Task, in addition to the specified services, products and deliverables detailed in the Task, CONSULTANT shall typically perform the following sub tasks, which may be aggregated for administrative efficiency: Sub -Task 1- Initial Meeting Prior to beginning substantive work on a Task, CONSULTANT shall meet with CITY to establish procedures and notifications for any necessary meetings and communications with CITY staff; collect available data from the CITY and establish additional data needs and availability; confirm the format for all Task products and deliverables; and address any preliminary Task concerns. The meeting will be the primary opportunity to discuss the CITY'S intent, schedule and budget for the Task. The CONSULTANT shall prepare minutes of the meeting and distribute minutes to meeting participants. Sub -Task 2 Task Coordination Meetings CONSULTANT shall attend and /or conduct Task coordination meetings as required to perform authorized services and as required by Project Manager. CONSULTANT shall prepare minutes of each meeting and distribute minutes to participants. Sub -Task 3 Task Schedule CONSULTANT shall prepare and submit a detailed schedule of performance consistent with the schedule contained in the Task to the Project Manager for review and approval. CONSULTANT shall confirm or update the schedule monthly at a minimum. Any changes to the schedule shall only be permitted with the written approval of City Engineer. Sub -Task 4 Task Progress Report CONSULTANT shall submit a monthly report to the Project Manager detailing progress on the Task services. OCA 2011 -2 Amendment 1, Page 4 1/27/2012 Sub -Task 5 Request for Payment Invoice CONSULTANT shall submit progress payment invoices to the Project Manager monthly, as specified in EXHIBIT C. The updated Task schedule and progress report may be submitted as attachments to the invoice. Sub -Task 6 Task Record CONSULTANT shall develop and maintain a detailed record of the chronology of the Task milestones completed that are decisive, conclusive, or relevant to the outcome of the Task. CONSULTANT shall submit a copy of the Task Record to the Project Manager prior to final payment for services performed on the Task. The Record shall be submitted in both paper and electronic format. Sub -Task 7 Project Documents Aside from deliverables specified in the Task, and before the conclusion of the Task and final payment for services performed on the Task, CONSULTANT shall submit to the Project Manager a copy of all Task documents that are decisive, conclusive, or relevant to the outcome of the Task. Such documents may include, without limitation, topographical surveys and mapping, field notations, utility mapping, site inventories, base plans, reports and studies, permit applications and permits, environmental documentation, records of meetings, and communication documents. Documents shall be submitted in both paper and electronic format, as available. The Project Manager will review and comment on proposed scope of work, and the parties shall agree on the terms of the final Task. CONSULTANT shall not be compensated for work performed in preparing a draft scope of services for a Task. B. Task Authorization The finalized Task Order will be authorized by the City Manager or his designated representative in accordance with authorization procedures provided in the City of Port Angeles Municipal Code, Section 3.05. C. Service Implementation Upon receipt of an authorized Task and Notice -to- Proceed, CONSULTANT shall begin Task services described therein. OCA 2011 -2 END OF EXHIBIT Amendment 1, Page 5 1/27/2012 TASK ORDER 1 FOR TASKS 2 3 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND SARGENT ENGINEERS, INC. OCA 2011 -01 The Task Order is being entered into under the Agreement for On -Call Structural and Civil Engineering Services, OCA 2011 -01, that was entered into on October 4, 2011. I TASK ORDER SCOPE OF WORK II TIME OF PERFORMANCE The work for all Tasks shall be completed by April 31, 2012. III MAXIMUM COMPENSATION The maximum compensation is $45,235 for this task order. IV EXHIBITS Exhibit Al Scope of Services of Tasks Exhibit B1 Budget of Tasks OCA 2011 -01 000ao RELATING TO: ON -CALL STRUCTURAL AND CIVIL ENGINEERING SERVICES This Task Order No. 1 for Tasks 2 3 are made and entered into this J day of 2012, by and between THE CITY OF PORT ANGELES, a non charter code city of the State of Washington, (hereinafter called the "CITY and Sargent Engineers, Inc., a Washington Corporation (hereinafter called the "CONSULTANT The scope of professional services to be performed and the results to be achieved by the CONSULTANT for the tasks are identified in the attached Exhibit A. The CONSULTANT shall provide and furnish all services and material necessary to accomplish the additional Tasks identified in Exhibit A. This Task Order, including its exhibits, constitutes the entire Task Order, supersedes all prior written or oral understandings related to the subject of this Task Order, and may only be changed by a written agreement by both parties. The following exhibits are hereby made a part of this Task Order: Task Order 1, Page 1 1/27/2012 V SIGNING In WITNESS THEREOF, the parties hereto have executed this Task Order to the Agreement as of the day and year first written above. CITY OF PORT ANGELES: G� CITY MANAG CONSULTANT: 7,c✓/ /Air TITLE: Pf %wWp—t APPROVED AS TO FORM: CITY ATTORNEY ATTEST: OCA 2011 -01 Task Order 1, Page 2 1/27/2012 EXHIBIT Al Scope of Services Tasks Scope of Work Task 2: 8th and Francis Street Sewer Trestle Design Consultant shall provide the following services related to the 8th and Francis Street Sewer Trestle: 1. Prepare plans, specifications, and estimate for the repair of the sewer trestle. The repair will be based on the recommendations of the preliminary design and inspection of the trestle performed under a previous task. The plans will be prepared in AutoCAD. The plans, specifications, and estimate will be prepared in WSDOT format. 2. Obtain the environmental permits to construct the repairs. The City will perform any public involvement, and administer the bidding and construction. Task 3: Nippon Bridge Inspection and Load Rating Consultant shall provide the following services related to the Nippon Bridge located on Marine Drive: 1. The bridge will be inspected visually at a close enough distance to sound the members and inspect the bridge members for deterioration. All member deterioration will be quantified and documented. This inspection will follow the requirements of the Federal Highway Administration and WSDOT for publicly owned bridges. 2. An underwater inspection of the bridge will be performed to inspect the sheet piling under the bridge. This will be a visual inspection that cleans selected spots to observe the condition of the piling. 3. The bridge will be load rated according to current WSDOT load rating criteria. 4. The bridge inspection report and load rating will be entered in BridgeWorks. 5. The load rating and inspection reports will be delivered to the City for their records. TASK 2 8TH FRANCIS SEWER TRESTLE DESIGN Principal Senior Engineer Senior Project Engineer Project Engineer Design Engineer Drafter II Clerical Task Cost Rate: $149.00 $120.00 $109.00 $102.00 $81.00 $82.00 $67.00 Plans, Specifications, and Estimate Management 8 $1,192 Site Visit 8 8 $1,464 Retrofit longitudinal 24 $1,944 Retrofit transverse 40 $3,240 Cover sheet 1 4 $409 Layout sheet 2 16 $1,474 Longitudinal retrofit (1 sheet) 2 16 $1,474 Transverse retrofit (1 sheet) 2 16 $1,474 Specifications 24 $1,944 Check design 32 $3,264 Check plans 4 $408 Check specifications 12 $1,224 Cost estimate 8 8 $1,464 Coordination 16 $1,632 Meetings 16 $1,632 Total Direct Salary Cost 8 0 0 96 111 52 0 $24,239 Direct Costs Mileage 910 miles at $0.555 per mile $505 Environmental Permitting $9,400 Total Direct Costs $9,905 Total $34,144 TASK 3 NIPPON BRIDGE INSPECTION LOAD RATING Principal Senior Engineer Senior Project Engineer Project Engineer Design Engineer Drafter II Clerical Task Cost Rate: $149.00 $120.00 $109.00 $106.00 $85.00 $82.00 $61.00 Inspect Bridge 12 12 $2,292 Underwater Inspection 12 $1,272 Load Rate Bridge 4 8 $1,104 Bridge Report in BridgeWorks 2 4 $552 Management 4 $596 Total Direct Salary Cost 4 0 0 30 24 0 0 $5,816 Direct Costs Mileage $275.00 Diver $5,000.00 Total Direct Costs $5,275 Total $11,091 TOTAL TASK 2 3 $45,235 EXHIBIT B1 Budget of Tasks f S pORrq l /c WRKS City of Port Angeles Public Works Utilities Dept. CONSULTANTing Office 321 E. Fifth Street Port Angeles WA 98362 ,4 Tel: 360-417-4700 Fax: 360 417 -4709 On -Call Agreement: OCA 2011 -01 City of Port Angeles Record #000220 AGREEMENT FOR ON -CALL STRUCTURAL AND CIVIL ENGINEERING SERVICES THIS ON -CALL AGREEMENT (Agreement) is made and entered into this 7 day of October, 2011, by and between the CITY OF PORT ANGELES (CITY), a non charter code city of the State of Washington, (hereinafter called the "CITY and Sargent Engineers, Inc., a Washington corporation authorized to do business in the state of Washington (hereinafter called the "CONSULTANT CITY and CONSULTANT may hereinafter be referred to as "Parties." WHEREAS, the CITY desires engineering, consulting, and planning assistance related to structural and civil engineering services. 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: THE PARTIES HEREBY AGREE AS FOLLOWS: I SCOPE OF SERVICES General Scope. This agreement will provide professional engineering services for the City of Port Angeles. The CONSULTANT intends to provide engineering technical support, studies, design, and post -award construction services for the City of Port Angeles and it's Capital Facility Program. This Agreement shall be effective on the last date set forth in the signature page. This Agreement will remain in force and effect for inclusion of additional Tasks and Task Orders for two years from the effective date of this Agreement. The scope of initial professional services tasks to be performed and the results to be achieved by the CONSULTANT shall be as detailed in the attached Exhibit Al and shall include all services and material necessary to accomplish the work. Additional work may be included as provided elsewhere in this agreement. The CITY may review the CONSULTANT'S work product, and if it is deemed not satisfactory, the CONSULTANT shall make such changes as may be required by the CITY. Such changes shall not constitute "Extra Work" as defined in Section XI of this Agreement. The CONSULTANT agrees that all services performed under this Agreement shall be in accordance with the standards of OCA 2011 01 1 19 10/4/2011 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. This Agreement does not grant an exclusive right to the engineering work covered in the Scope of Services to the CONSULTANT. The CITY reserves the right to contract with other parties or by other means if deemed to be in its interest. II OWNERSHIP OF DOCUMENTS Upon completion of the work, all documents, exhibits, photographic negatives, drawings, survey data, field notations, electronic data and modeling, 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 CONSULTANTS representative shall be subject to the approval of the CITY. IV TIME OF PERFORMANCE The CONSULTANT may begin work upon written direction to proceed from the CITY for each Task or Task Order. The work for each Task shall be completed within a period as specified in the Task Order. The performance period for the Agreement is set forth in Exhibit B. The time of performance of initial Tasks are set forth in Exhibit B1. V MAXIMUM COMPENSATION Unless otherwise agreed to in writing by both parties, the CONSULTANTS total compensation and reimbursement under this Agreement, including labor, direct non -salary reimbursable costs and outside services, shall not exceed the maximum sum of $14,745.00. This amount comprises Task 1 of this Agreement. The budgets for the initial tasks are set forth in the attached Exhibit C1. The CONSULTANTS total compensation for each additional project, work, study, or undertaking authorized during the term of this Agreement, shall be specifically set forth in Tasks or Task Orders and adopted by amendment to this Agreement. Compensation and payment procedures are set forth in Exhibit C. VI INDEPENDENT CONTRACTOR STATUS The relation created by this Contract is that of owner independent contractor. The CONSULTANT is not an employee of the C1TY and is not entitled to the benefits provided by the C1TY to its employees. The CONSULTANT, as an independent contractor, has the authority to control and direct the performance of the details of the services to be provided. The CONSULTANT 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. 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 CONSULTANTS 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. OCA 2011 -01 2 19 10/4/2011 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. 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 sub consultant or supplier shall be notified by the CONSULTANT of CONSULTANTs 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 Agreement, in addition to the Scope of Work set forth in Exhibit A and Al 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 Tess than ten (10) days written notice to the CONSULTANT. Written notice will be by certified mail sent to the CONSULTANTs 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 work completed. OCA 2011 -01 3 19 10/4/2011 C. CITY may suspend Tasks or Task Orders at its sole discretion. If the Task or Task Order is suspended by CITY for more than 30 consecutive days, CONSULTANT shall be compensated for services performed prior to the notice of suspension. When the Task Order is resumed, provided the suspension was not caused by CONSULTANTs negligence or wrongful act, CONSULTANTS compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of CONSULTANTs services. Upon such resumption, CONSULTANT shall promptly continue with its responsibilities under this Agreement and, if the parties are unable to agree on an equitable adjustment as provided in this section. D. In the event of termination or suspension as provided for above, CONSULTANT will provide CITY all Construction Drawings, sketches, renderings, models, other reproducible drawings, surveys, field notations, reports, photographs, calculations, prepared by CONSULTANT under this Agreement, copies of all correspondence and papers received or issued by CONSULTANT and all equipment and publications authorized by CITY for purchase shall be delivered to CITY upon request and CITY shall have the same rights to their use as if the termination or suspension had not occurred. 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 SEE EXHIBIT E 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. Insurance requirements are set forth in Exhibit E. 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. XV CONSULTANT'S KEY PERSONNEL AND SUBCONSULTANTS CONSULTANTs key personnel and sub consultants for this Agreement as described in the selection process and designated in Exhibit F to this Agreement, shall remain assigned for the duration of the Agreement unless otherwise agreed to in writing by the CITY. The CITY shall not unreasonably withhold approval of staff changes. The CITY may require substitution of any personnel or sub consultant provided that the CITY has first notified the CONSULTANT in writing and allowed a reasonable period for adjustments and /or corrections. XVI PERFORMANCE EVALUATION The CITY will conduct written evaluation of CONSULTANT's services on this Agreement. CONSULTANT will be given a copy of the evaluation report and will have an opportunity to provide a written response. The evaluation and the response will be kept in CITY's files to be used as part of the selection process for future engineering services. XVII CORRECTIONS AND APPROVALS A. Corrections. Any defective designs, specifications, drawings, products, or services furnished by CONSULTANT will be promptly corrected by CONSULTANT at no cost to CITY. B. Approvals. CITY's approval, acceptance, use or payment for all or any part of CONSULTANTs services or of the Task Order itself shall in no way alter CONSULTANTs obligations or CITY's rights hereunder. OCA 2011 -01 4 19 10/4/2011 XVIII REPRESENTATIONS AND WARRANTIES CONSULTANT hereby represents and warrants to CITY the following: A. that CONSULTANT is financially solvent, able to pay CONSULTANTs debts as they mature and possessed of sufficient working capital to complete the services required and perform CONSULTANTs obligations hereunder; B. that CONSULTANT is able to furnish any of the plant, tools, materials, supplies, equipment, and labor required to complete the services required and perform all of CONSULTANTs obligations hereunder and has sufficient experience and competence to do so; C. that CONSULTANT shall comply with all applicable state and local laws, statutes, and ordinances relating to professional registration, licensing and authority to perform all of CONSULTANTs obligations required to be performed under this Agreement; D. that CONSULTANTs execution of this Agreement and CONSULTANTs performance thereof is within CONSULTANTs duly authorized powers; and E. that CONSULTANTs duly authorized representative has visited the Task Order site, become familiar with the local conditions under which the services required hereunder are to be performed and correlated CONSULTANTS observations with all of the requirements of the Contract Documents. CONSULTANT agrees that the representations and warranties in this Subparagraph XI.J shall survive the execution and delivery of this Agreement. 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 Services Exhibit Al Scope of Services of Initial Tasks Exhibit B Performance Period Exhibit B1 Schedule of Performance of Initial Tasks Exhibit C Compensation Exhibit C1 Budget of Initial Tasks Exhibit D Hourly Wage Rates Exhibit E Insurance Exhibit F CONSULTANT's Key Personnel and Sub consultants OCA 2011 -01 5 19 10/4/2011 This Agreement represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. IN WITNESS WHEREOF: The Parties hereto have executed this Agreement by having their authorized representatives affix their signatures below. OCA 2011 -01 CONSULTANT SARGENT ENGINEERS, INC. BY: TITLE: IT; t -ra SIGNATURE DATE: /0/3/1 CITY CITY OF PORT ANGELES BY: CITY MANAGE SIGNATURE DATE: I 0// 0/ if APPROVED S TO FORM: BY: BY: ATTEST: CITY ATTORNEY 6 19 10/4/2011 EXHIBIT A SCOPE OF SERVICES The CONSULTANT shall provide to the CITY's Department of Public Works Utilities Department CONSULTANT services for various CITY engineering services and projects. The CONSULTANT'S services shall be provided as requested by the City Manager or his designee on an as needed basis, as set forth in a "Task" or "Task Order Tasks may be for any engineering technical support, work, study, design, project, etc. that is within the general scope of this agreement. The CONSULTANT shall provide general assistance on issues pertaining to CITY projects and support and shall prepare other engineering CONSULTANT services for the CITY. Additional tasks authorzied after the Agreement is signed will be through a Task Order that is adopted into the agreement by Amendment. SECTION 1. GENERAL PROVISIONS A. The CONSULTANT shall perform all services to the satisfaction of the City Engineer. B. All of the services furnished by the CONSULTANT under this AGREEMENT shall be of the currently prevailing professional standards and quality demonstrated and provided by structural and civil engineering consultant professionals of similar knowledge and skill engaged in related work throughout Washington under the same or similar circumstances. All documentation prepared by CONSULTANT shall provide for a completed Task that conforms to all applicable codes, rules, regulations and guidelines which are in effect at the time such documentation is prepared. C. All work performed under this AGREEMENT shall be authorized in the initial AGREEMENT or by a Task Order that is adopted into the agreement by Amendment. Each Task Order given by CITY shall detail the nature of the specific services to be performed by the CONSULTANT, the time limit within which such services must be completed and the compensation for such services. Such details shall include a description of the Task for which CONSULTANT shall perform the services, the geographic limits of theTask Order, the type and scope of services to be performed, the format and schedule for deliverables, the schedule of performance, and the schedule of compensation. CONSULTANT shall not perform any services unless authorized by a fully executed Amendment for the Task Order. Any unauthorized services performed by CONSULTANT shall be at no cost to the CITY. D. CONSULTANT shall begin work under the Task Order only after receipt of the Amendment bearing the approval signature of the City Manager or the City Manager's designee and the signature of the City Attorney approving the Amendment as to form. Each authorized Task Order issued under this AGREEMENT by CITY shall be incorporated into the terms and conditions of this AGREEMENT. E. CITY will assign a Project Manager to facilitate each Task Order authorized under this AGREEMENT. CONSULTANT shall coordinate with the designated Project Manager on the performance of each Task Order. F. CONSULTANT shall be responsible for the coordination with CITY and federal, state and local agencies that are necessary for all services authorized under this AGREEMENT. SECTION 2. BASIC SERVICES. CONSULTANT shall provide civil and structural engineering CONSULTANT services for CITY, studies, design, and post award construction services. CONSULTANT shall provide the general types of services set forth below. This list of services is meant to be illustrative in nature only and is not meant to be a complete or exclusive list. On -Call Services Scope of Work OCA 2011 -01 7 19 10/4/2011 Consultant shall provide technical assistance and other services related to the City's structural infrastructure at the specific request and direction of authorized City staff. No such assistance or services shall be provided unless specifically directed by City in writing via email or more formal communication. The purpose of this task is to facilitate timely response by Consultant to needs that are unforeseen at this time. The budget for this task is a contingency allowance that includes labor and expenses. SECTION 3. SPECIFIC SERVICES. A. Service Initiation Prepare Task Order Scope and Proposal Upon request of CITY's Project Manager, CONSULTANT shall meet with the Project Manager to discuss the Task Order. CONSULTANT shall become familiar with the Task Order description, scope and goals and develop proposed scope of services. CONSULTANT shall prepare a proposed scope of work consistent with the standard electronic format of CITY Professional Service Agreement Amendments as determined by the Project Manager. The proposed scope of services shall, at a minimum, include the following: Task Order Description, Scope of Services including deliverables, and Schedule of Performance and Schedule of Compensation. For each Task Order, in addition to the specified services, products and deliverables detailed in the Task Order, CONSULTANT shall typically perform the following sub tasks, which may be aggregated for administrative efficiency: Sub -Task 1 Initial Meeting Prior to beginning substantive work on a Task Order, CONSULTANT shall meet with CITY to establish procedures and notifications for any necessary meetings and communications with CITY staff; collect available data from the CITY and establish additional data needs and availability; confirm the format for all Task Order products and deliverables; and address any preliminary Task Order concerns. The meeting will be the primary opportunity to discuss the CITY'S intent, schedule and budget for the Task Order. The CONSULTANT shall prepare minutes of the meeting and distribute minutes to meeting participants. Sub -Task 2 Task Order Coordination Meetings CONSULTANT shall attend and /or conduct Task Order coordination meetings as required to perform authorized services and as required by Project Manager. CONSULTANT shall prepare minutes of each meeting and distribute minutes to participants. Sub -Task 3 Task Order Schedule CONSULTANT shall prepare and submit a detailed schedule of performance consistent with the schedule contained in the Task Order to the Project Manager for review and approval. CONSULTANT shall confirm or update the schedule monthly at a minimum. Any changes to the schedule shall only be permitted with the written approval of City Engineer. Sub -Task 4 Task Order Progress Report CONSULTANT shall submit a monthly report to the Project Manager detailing progress on the Task Order services. Sub -Task 5 Request for Payment Invoice CONSULTANT shall submit progress payment invoices to the Project Manager monthly, as specified in EXHIBIT C. The updated Task Order schedule and progress report may be submitted as attachments to the invoice. Sub -Task 6 Task Order Record CONSULTANT shall develop and maintain a detailed record of the chronology of the Task Order tasks and milestones completed that are decisive, conclusive, or relevant to the outcome of the Task Order. CONSULTANT shall submit a copy of the Task Order Record to the Project Manager prior to final payment for services performed on the Task Order. The Record shall be submitted in both paper and electronic format. Sub -Task 7 Project Documents Aside from deliverables specified in the Task Order, and before the conclusion of the Task Order and final payment for services performed on the Task Order, CONSULTANT shall submit to the Project Manager a copy of all Task Order documents that are decisive, conclusive, or relevant to the outcome of the OCA 2011 -01 8 19 10/4/2011 Task Order. Such documents may include, without limitation, topographical surveys and mapping, field notations, utility mapping, site inventories, base plans, reports and studies, permit applications and permits, environmental documentation, records of meetings, and communication documents. Documents shall be submitted in both paper and electronic format, as available. The Project Manager will review and comment on proposed scope of work, and the parties shall agree on the terms of the final Task Order. CONSULTANT shall not be compensated for work performed in preparing a draft scope of services for a Task Order. B. Task Order Authorization The finalized Amendment for the Task Order will be authorized by the City Manager or his designated representative in accordance with authorization procedures provided in the City of Port Angeles Municipal Code, Section 3.05. C. Service Implementation Upon receipt of an authorized Task Order, CONSULTANT shall begin Task Order services described therein. END OF EXHIBIT OCA 2011 01 9 19 10/4/2011 EXHIBIT Al SCOPE OF SERVICES OF INITIAL TASKS Task 1: Structural Analysis and Design for the Repair of the 8th and Francis Streets Sewer Trestle. Consultant shall provide the following services related to the 8th and Francis Streets Sewer Trestle: 1. The bridge will be inspected visually at a close enough distance to sound the member and inspect the bridge members for deterioration. All member deterioration will be quantified and documented. In order to quantify the extent of deterioration, suspect members will be drilled to determine the extent of deterioration. 2. The bridge and bridge members will be measured and documented. The joint connections will be documented. The foundations will not be excavated to measure the size or extent of the bridge foundations. 3. The bridge will be evaluated to determine if the bridge can support the loads that it presently supports. The loads will include vertical loads due to the sewer pipe and the weight of the bridge, and lateral loads due to wind and seismic events. The evaluation will take into account the current condition of the bridge as well as the as built configuration of the bridge. 4. A base map will be prepared for the area along the bridge. The consultant will tie the control into the block monuments using NAD 83/91 per the CCGF and use NAVD88 for the vertical datum. This will allow the consultant to calculate and plot the City boundary on the topographic map. The consultant will map the centerline (top) of the sewer main and each of the bents on the existing trestle. The consultant will map at least 50 feet either side of the trestle for 1' contours between 8 9 streets. The consultant will deliver an AutoCAD file in whatever format the City needs. Reestablishment of boundaries and preparation of property descriptions will not be performed. 5. After the bridge condition is known and the deficiencies in the bridge are identified either due to condition or inadequacy of the bridge to support current Toads, repair alternatives will be prepared and evaluated. These alternatives will be prepared to a level detailed enough that the consultant can prepare preliminary cost estimates for the repairs. 6. Results of the inspection, evaluation, base map, and repair alternatives will be presented in a report to the City. The report will document all.findings as well as recommendations for the bridge. 7. The consultant will coordinate with the City at each stage of the project and verbally inform the City of findings as the work is performed. One meeting is included in the budget. OCA 2011 01 END OF EXHIBIT 10 19 10/4/2011 EXHIBIT B PERFORMANCE PERIOD All work under this AGREEMENT shall be completed within performance periods set forth in the Tasks or Task Orders. This Agreement shall be effective on the last date set forth in the signature page. This Agreement will remain in force and effect for inclusion of additional Tasks or Task Orders for two years from the effective date of this Agreement. The terms of this Agreement shall remain in full force and effect throughout the performance period for any for all Tasks or Task Orders authorizing the performance of work under this Agreement that are properly executed prior to the expiration of this two -year period. Hourly rates established in this Agreement shall remain in effect for the initial two year period of this Agreement. Upon request of the CONSULTANT, the hourly rates will be subject to renegotiation for any performance time beyond the initial two year period required to complete all work as authorized in the Tasks and Task Orders. New rates, if approved, shall be authorized by an amendment to this Agreement. OCA 2011 -01 END OF EXHIBIT 11 19 10/4/2011 Task 1 shall be completed by the December 31, 2011. EXHIBIT B1 SCHEDULE OF INITIAL TASKS END OF EXHIBIT OCA 2011 -01 12 19 10/4/2011 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. Section 1. Maximum Compensation for On -call Agreement. 1.1 Maximum Amount: Any hours worked for which payment would result in a total exceeding this maximum compensation amount specified in Article V above, shall be at no cost to the CITY. 1.2 Manner of Payment: Each Task Order will set forth whether the CITY will pay the CONSULTANT for work performed under such Task Order on a time and materials price basis or on a lump sum basis. Section 2 of this Exhibit applies to each Task Order where the CITY will pay the CONSULTANT on a lump sum basis for the work performed. Section 3 of this Exhibit applies to all Task Orders where the CITY will pay the CONSULTANT on an hourly basis for the work performed. Section 2. Payment. EXHIBIT C COMPENSATION 2.1 Payment shall be on the basis of the CONSULTANTS cost for actual labor, overhead and profit plus CONSULTANT'S direct non -salary reimbursable costs as set forth in the attached Exhibit C1. Notwithstanding anything to the contrary, these hourly rates are valid for the term of this On -call Agreement unless changed by written amendment. 2.2. Labor costs shall be based on the rates and factors shown in Exhibit C1 and hourly wages shown in Exhibit D. Hourly rates shall be based upon an individual's hourly wage, times the total number of hours worked, times a multiplier of 3.25. 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. 2.3 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. 2.4 The Task Order shall specify the maximum amount of compensation for the work, including both payment for professional services and reimbursable expenses. CONSULTANT shall complete all work it is required to perform under the Task Order for no more than the specified maximum amount. Any hours worked for which payment would result in a total exceeding this maximum amount shall be at no cost to CITY. 2.5 If the Task Order itemizes budget amounts for any phase or category of work then CONSULTANT shall not exceed such itemized amount without the City Engineer's prior written authorization. The City Engineer may approve, in writing, transfers of budget amounts between any of the phases or categories of work listed in the Task Order, provided the aggregate total compensation does not exceed the maximum compensation. 2.6 Payment for "Extra Work" performed under Section XI of this Agreement shall be as agreed to by the parties in writing. 2.7 Invoice: Every month CONSULTANT shall invoice CITY for work performed during the immediately previous month. 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; a detailed description of the reimbursable expenses incurred and the amount of such expenses, documents supporting the reimbursable expenses. and shall indicate the cumulative total for each task. The invoice shall also show the total to be OCA 2011 01 13 19 10/4/2011 paid for the invoice period, the aggregate amounts of payments received to date under the Task Order and the balance of maximum compensation for remaining work on the Task Order. The CITY shall review the invoices and make payment for the percentage of the Task Order that has been completed Tess the amounts previously paid. OCA 2011 -01 END OF EXHIBIT 14 19 10/4/2011 Task Principal Senior Engineer Senior Project Engineer Project Engineer Design Engineer Drafter II Clerical Task Cost Rate: $149.00 $120.00 $109.00 $102.00 $81.00 $82.00 $67.00 $75 Task 2: Structural Analysis and Design for the Repair of the 8 and Francis Streets Sewer Trestle Office Survey Technician Review and sign map 2 $95 $190 PLS 1 and 2 Visual Inspection of Bridge and Measure Bridge Totals 13 13 $3,780 $2,379 3. Evaluate Bridge 16 32 $4,224 5. Repair Alternatives 4 8 $1,056 6. Report 1 4 8 8 $1,861 7. Communications and Meetings 8 $1,192 Total Direct Salary Cost 9 0 0 37 61 8 0 $10,712 Direct Costs Mileage 456 miles at $0.555 per mile $253 Surveying Subconsultant $3,780 Total Direct Costs $4,033 Total $14,745 Task Hours Unit Cost Cost Personnel Description Calculations Crew Prep 2 $75 $150 Office Survey Technician Tie block Corners perform topographic survey 16 $140 $2,240 2 man Survey Crew Download survey data and prepare map 16 $75 $1,200 Office Survey Technician Review and sign map 2 $95 $190 PLS Totals $3,780 Sargent Engineers, Inc. NTI OCA 2011 -01 EXHIBIT C1 BUDGET OF INITIAL TASKS END OF EXHIBIT 15 19 10/4/2011 Direct Salary (DS) Overhead (194.82% (Range) of DS) Profit (30% of DS) Total Rate Principal $38.50 $52.50 $75.01 $102.28 $11.55 $15.75 $125.06 $170.53 Senior Engineer $34.50 $42.00 $67.21 $81.82 $10.35 $12.60 $112.06 $136.42 Senior Project Engineer $30.00 $38.00 $58.45 $74.03 $9.00 $11.40 $97.45 $123.43 Project Engineer $26.00 $33.00 $50.65 $64.29 $7.80 $9.90 $84.45 $107.19 Design Engineer $20.00 $29.00 $38.96 $56.50 $6.00 $8.70 $64.96 $94.20 Engineering Intern $15.00 $22.00 $29.22 $42.86 $4.50 $6.60 $48.72 $71.46 Drafter II $16.50 $26.50 $32.15 $51.63 $4.95 $7.95 $53.60 $86.08 Drafter I $12.00 $18.00 $23.38 $35.07 $3.60 $5.40 $38.98 $58.47 Business Manager $24.00 $38.00 $46.76 $74.03 $7.20 $11.40 $77.96 $123.43 Business Associate $12.00 $24.00 $23.38 $46.76 $3.60 $7.20 $38.98 $77.96 Clerical $9.00 $24.00 $17.53 $46.76 $2.70 $7.20 $29.23 $77.96 Rates good for two years from execution of contract Travel shall meet WSDOT Travel Guidelines Overhead 1.9482 Profit 0.3 OCA 2011 -01 EXHIBIT D HOURLY WAGE RATES END OF EXHIBIT 16 19 10/4/2011 INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICE AGREEMENTS 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 negligence of the CITY. 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 CONSULTANTs liability hereunder shall be only to the extent of the CONSULTANTs negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the CONSULTANTs 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. 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, or employees. No Limitation EXHIBIT E INSURANCE 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. 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. OCA 2011 -01 17 19 10/4/2011 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. OTHER INSURANCE PROVISION The CONSULTANT's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they 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 Contractor's insurance and shall not contribute with it. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 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. NOTICE OF CANCELLATION The CONSULTANT shall provide the CITY with written notice of any policy cancellation, within two business days of their receipt of such notice. FAILURE TO MAINTAIN INSURANCE Failure on the part of the CONSULTANT to maintain the insurance as required shall constitute a material breach of contract, upon which the CITY may, after giving five business days notice to the CONSULTANT to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the CITY on demand, or at the sole discretion of the CITY, offset against funds due the CONSULTANT from the CITY. OCA 2011 01 END OF EXHIBIT 18 19 10/4/2011 Project Manager: Monte Smith Project Engineers: Andrew Packard Jessica Soward Subconsultants: NTI Engineering and Land Surveying Widener and Associates PanGEO, Inc. OCA 2011 -01 EXHIBIT F CONSULTANT'S KEY PERSONNEL AND SUB CONSULTANTS END OF EXHIBIT 19 19 10/4/2011