HomeMy WebLinkAbout5.573 Original Contract 5.5 ?,3
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE JAN182001
THE CITY OF PORT ANGELES
AND
NORTHWESTERN TERRITORIES INC.
RELATING TO: ENGINEERING SERVICES FOR LINCOLN STREET STORMWATER MAIN
THIS AGREEMENT is made and entered into this Aay of May, 2001, 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 (hereinafter called the "CONSULTANT
WHEREAS, the CITY desires to develop a design for the Lincoln Street Stormwater Main, Project 21 -09
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:
I SCOPE OF WORK
The scope of professional services to be performed and the results to be achieved by the CONSULTANT
shall be as detailed in the attached Exhibit A and shall include all services and material necessary to
accomplish the work.
The CITY may review the CONSULTANT'S work product, and if it is not satisfactory, the CONSULTANT
shall make such changes as may be required by the CITY. Such changes shall not constitute "Extra
Work" as related in Section XI of this Agreement.
The CONSULTANT agrees that all services performed under this Agreement shall be in accordance with
the standards of the profession and in compliance with applicable federal, state and local laws.
The Scope of Work may be amended upon written approval of both parties.
II OWNERSHIP OF DOCUMENTS
Upon completion of the work, all documents, exhibits, photographic negatives, or other presentations of
the work shall become the property of the CITY for use without restriction and without representation as
to suitability for reuse by any other party unless specifically verified or adapted by the CONSULTANT.
However, any alteration or reuse of the documents, by the City or by others acting through or on behalf
of the City, will be at the City's sole risk.
City of Port Angeles [April, 2001]
III DESIGNATION OF REPRESENTATIVES
Each party shall designate its representatives in writing. The CONSULTANT'S representative shall be
subject to the approval of the CITY.
IV TIME OF PERFORMANCE
The CONSULTANT may begin work upon execution of this Agreement by both parties. The work shall
be completed in accordance with the schedule set forth in the attached Exhibit A.
V PAYMENT
The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such payment shall
be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment
and incidentals necessary to complete the work.
A. Payment shall be on the basis of the CONSULTANTS cost for actual labor, overhead and profit plus
CONSULTANT'S direct non -salary reimbursable costs as set forth in the attached Exhibit B.
1. Labor costs shall be based on the hourly rates shown in Exhibit B.
General clerical time shall be considered an overhead item, except where specific work items are
involved that require one hour or more continued effort, in which case time will be charged on the
basis of hours worked.
2. The direct non -salary reimbursable costs are those directly incurred in fulfilling the terms of this
Agreement, including, but not limited to, travel, subsistence, telephone, CADD computer,
reproduction and printing, supplies and fees of outside services and consultants. Ten percent
(10 overhead and profit may be added to direct non -salary reimbursable costs.
B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall detail the
work, hours, employee name, and hourly rate; shall itemize with receipts and invoices the non salary
direct costs; shall indicate the specific task or activity in the Scope of Work to which the costs are
related; and shall indicate the cumulative total for each task.
C. The CITY shall review the invoices and make payment for the percentage of the project that has been
completed less the amounts previously paid.
D. The CONSULTANT invoices are due and payable within 30 days of receipt. In the event of a
disputed billing, only the disputed portion will be withheld from payment.
E. Final payment for the balance due to the CONSULTANT will be made upon the completion of the
work and acceptance by the CITY.
F. Payment for "Extra Work" performed under Section XI of this Agreement shall be as agreed to by the
parties in writing.
City of Port Angeles [Apnl, 2001]
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 $13,360.00.
VII EMPLOYMENT
Employees of the CONSULTANT, while engaged in the performance of any work or services under this
Agreement, shall be considered employees of the CONSULTANT only and not of the CITY, and claims
that may arise under the Workman's Compensation Act on behalf of said employees while so engaged,
and any and all claims made by a third party as a consequence of any negligent act or omission on the
part of the CONSULTANT'S employees while so engaged, on any of the work or services provided to be
rendered herein, shall be the sole obligation and responsibility of the CONSULTANT.
In performing this Agreement, the CONSULTANT shall not employ or contract with any CITY employee
without the City's written consent.
VIII NONDISCRIMINATION
The CONSULTANT shall conduct its business in a manner, which assures fair, equal and non-
discriminatory treatment of all persons, without respect to race, creed or national origin, or other legally
protected classification and, in particular:
A. The CONSULTANT shall maintain open hiring and employment practices and will welcome
applications for employment in all positions, from qualified individuals who are members of minorities
protected by federal equal opportunity /affirmative action requirements; and,
B. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or
regulations issued pursuant thereto, relating to the establishment of non discriminatory requirements
in hiring and employment practices and assuring the service of all persons without discrimination as
to any person's race, color, religion, sex, Vietnam era veteran status, disabled veteran condition,
physical or mental handicap, or national origin.
IX SUBCONTRACTS
A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the
written consent of the CITY.
B. The CONSULTANT will be using the firms submitted with its proposal as subcontractors.
Subcontractors other than those listed shall not be permitted without the written consent of the CITY.
C. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for work to
be performed pursuant to a subcontract, including procurement of materials and equipment, each
potential subconsultant or supplier shall be notified by the CONSULTANT of Consultant's obligations
under this Agreement, including the nondiscrimination requirements.
City of Port Angeles [April, 2001]
X CHANGES IN WORK
Other than changes directed by the CITY as set forth in Section I above, either party may request
changes in the scope of work. Such changes shall not become part of this Agreement unless and until
mutually agreed upon and incorporated herein by written amendments to this Agreement executed by
both parties.
XI EXTRA WORK
The CITY may desire to have the CONSULTANT perform work or render services in connection with this
project, in addition to the Scope of Work set forth in Exhibit A and minor revisions to satisfactorily
completed work. Such work shall be considered as "Extra Work" and shall be addressed in a written
supplement to this Agreement. The CITY shall not be responsible for paying for such extra work unless
and until the written supplement is executed by both parties.
XII TERMINATION OF AGREEMENT
A. The CITY may terminate this Agreement at any time upon not less than ten (10) days written notice
to the CONSULTANT. Written notice will be by certified mail sent to the consultant's designated
representative at the address provided by the CONSULTANT.
B. In the event this Agreement is terminated prior to the completion of the work, a final payment shall
be made to the CONSULTANT, which, when added to any payments previously made, shall
compensate the CONSULTANT for the percentage of work completed.
C. In the event this Agreement is terminated prior to completion of the work, documents that are the
property of the CITY pursuant to Section II above, shall be delivered to and received by the CITY prior
to transmittal of final payment to the CONSULTANT.
XIII INDEMNIFICATION /HOLD HARMLESS
The CONSULTANT agrees to indemnify the CITY from any claims, damages, losses, and costs, including,
but not limited to, attorney's fees and litigation costs, arising out of claims by third parties for property
damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the
CONSULTANT, CONSULTANT employees, affiliated corporations, officers, and subcontractors in
connection with the work performed under this Agreement.
The CITY agrees to indemnify the CONSULTANT from any claims, damages, losses, and costs, including,
but not limited to, attorney's fees and litigation costs, arising out of claims by third parties for property
damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the
CITY, CITY's employees, or agents in connection with the work performed under this Agreement.
If the negligence or willful misconduct of both CONSULTANT and CITY (or a person identified above for
whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared
between the CONSULTANT and the CITY in proportion to their relative degrees of negligence or willful
misconduct and the right of indemnity shall apply for such proportion.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the CONSULTANT and the CITY, its officers, officials,
employees, and volunteers, the CONSULTANT'S liability hereunder shall be only to the extent of the
City of Port Angeles [April, 20011
CONSULTANTS negligence. It is further specifically and expressly understood that the indemnification
provided herein constitutes the CONSULTANT'S waiver of immunity under Industrial Insurance, Title 51
RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the
parties. The provisions of this section shall survive the expiration or termination of this Agreement.
However, the CONSULTANT expressly reserves its rights as a third person set forth in RCW 51.24.035.
XIV INSURANCE
The CONSULTANT shall procure and maintain for the duration of the Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by the CONSULTANT, its agents, representatives, employees or
subcontractors.
The CONSULTANT shall provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident
for bodily injury and property damage; and,
2. Commercial General Liability insurance written on an occurrence basis with limits no less than
$1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily
injury and property damage. Coverage shall include but not be limited to: blanket contractual;
products /completed operations; broad form property damage; explosion, collapse and underground (XCU)
if applicable; and employer's liability; and,
3. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence.
Any payment of deductible or self insured retention shall be the sole responsibility of the CONSULTANT.
The CITY shall be named as an additional insured on the Commercial General Liability insurance policy,
as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming
the CITY as additional insured shall be attached to the Certificate of Insurance. The CITY reserves
the right to review a certified copy of all required insurance policies in the CONSULTANT's office.
The CONSULTANT'S insurance shall contain a clause stating that coverage shall apply separately to
each insured against whom claim is made or suit is brought, except with respects to the limits of the
insurer's liability.
The CONSULTANT'S insurance shall be primary insurance as respects the CITY, and the CITY shall be
given thirty (30) days prior written notice of any cancellation, suspension or material change in coverage.
XV APPLICABLE LAW
This Agreement shall be construed and interpreted in accordance with the laws of the State of
Washington, and in the event of dispute the venue of any litigation brought hereunder shall be Clallam
County.
City of Port Angeles [April, 2001]
XVI EXHIBITS AND SIGNATURES
This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or
oral understandings, and may only be changed by a written amendment executed by both parties. The
following exhibits are hereby made a part of this Agreement:
Exhibit A Scope of Work Including Schedule for the Work
Exhibit B Consultant Labor Costs and Non -salary Reimbursable Costs
In WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first
written above.
CITY OF PORT ANGELES
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CITY MANAGER 44,
CONSULTANT 9", A
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APPROVED AS TO FORM:
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CRAIG KNUTSON, CITY ATTORNEY
ATTEST:
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City of Port Angeles [April, 2001]
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...x.- NORTHWESTERN TERRITORIES, INC.
717 SOUTH PEABODY STREET, PORT ANGELES, WA 98362 1 i r
rr Engineers Land Surveyors Geologist
Construction Inspection Materials Testing
(360) 452 -8491 1- 800 -654 -5545 FAX 452 -8498 E -Mad info @nti4u corn
NTI RECEIVED
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MAR 2 ri 2001
March 13, 2001
Gary Kenworthy, P.E.
P.O. Box 1150
Port Angeles, WA 98362 -1150
Subject: Lincoln Street Storm Water Separation 4 to 8 Streets
Dear Gary:
Per your request, NTI is pleased to present this proposal to prepare Plans and
Specifications for the above project. The attached spread sheet shows the anticipated
manpower needs and hourly charge out rates. This proposal is only for the Design
Phase as construction will not occur until next year. For reference, we have included
an estimate of construction engineering costs.
The deliverables will be 3 or 4 sheets of plans and details for the work from 4 to 7
Streets and from 7 to 8 Street. It is not anticipated that the 7 to 8 Street work will
be done at this time but may be done in the future to relieve storm drain flows down
Peabody Street. Quantities, bid item descriptions, special provisions and materials
specifications will be prepared for integration with the City's standard specifications.
We anticipate using your 2000 aerial topographic maps as base maps with a minimum
of supplemental surveying. The budget as developed has a sufficiently large allocation
of time to, perhaps, have some budget surplus in this area.
If you have questions or comments upon this proposal, please don't hesitate to call.
Sincerely,
NORTHWESTERN TERRITORIES, INC.
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Robert A. Leach, PE MBA
Principal Design Engineer
G: \Gen \Bob \PROPOSAL \Lincoln Street Storm Water Separation.wpd
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City of Port Angeles RFP
Lincoln Street Sewer Separation, 4th to 7th Streets and 7th to 8th Streets
Task Description Hrs Rate Item Cost Accum Cost
Design Phase
1 Topographic Surveying (1)
a Office Surveying 16 $80.00 $1,280.00
b Field Surveying 24 $110.00 $2,640.00
Task subtotal $3,920.00 $3,920.00
2 Preliminary Plans For City Review
a Engineering Design 24 $80 00 $1,920.00
b Plans Prep Drafting 40 $60.00 $2,400.00
Task subtotal $4,320.00 $8,240.00
3 Final Engineering Plans (2)
a Engineering Design 16 $80.00 $1,280.00
b Plans Prep Drafting 24 $60.00 $1,440.00
Task subtotal $2,720.00 $10,960.00
4 Quantities, Specs and Bid Items
a Engineer 16 $80.00 $1,280.00
b Technican 8 $60.00 $480 00
c Technical Assistant 16 $40.00 $640.00
Task subtotal $2,400.00 $13,360.00
Total Estimated Cost For Design Phase(3) I $13,360.00 I
Construction Phase
1 Bidding Assistance (4)
a Questions to Engineer 8 $80 00 $320 00
b Bid Evaluation 4 $80.00 $320.00
Task subtotal $640.00 $640.00
2 Construction Services (Estimate)
a Construction Oversight 80 $80.00 $6,400.00
b Compaction Testing 40 $60.00 $2,400.00
c As Built Preparation 16 $60.00 $960.00
Task subtotal $9,760.00 $10,400.00
3 Contingency 20 0% $2,080.00 $12,480.00
Total Estimated Cost For Construction Phase (3) $12,480.00
Total Project A &E Consultant Cost $25,840.00
Notes
1 Using City aerials (2000) as base with fillin as needed from new field topo
2 AutoCAD release 14
3 To be billed hourly- not -to- exceed without authorization
4 Project to be bid /built in 2002
04/03/01 14:23 $360 452 8498 NTI ENG.& SURVEY ]002
fi NORTHWESTERN TERRITORIES, INC.
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Engineers U Land Surveyors Planners
Construction Coordination Materials Testing
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City of Port Angeles Design Schedule
Lincoln Street Sewer Separation, 4th to 7th Streets and 7th to 8th Streets
Task Description Start Date Duration Finish Date
0 Authorization (assumed date) Apr 23, 200:1 2 weeks May 06, 2001
1 Initial field work May 07, 2001 1 week May 13, 2001
2 Preliminary plans for City review May 14, 2Q01 2 weeks May 27, 2001
3 City Review May 28, 2001 3 weeks Jun 17, 2001
4 As needed field work Jun 18, 2001 1 week Jun 24, 2001
5 Revise to final plans Jun 25, 2001 2 weeks Jul 08, 2001
6 Prepare Specs, quantities estiamte Jul 09, 2001 1 week Jul 15, 2001
7 Deliver to City Jul 16, 2001
717 S0UTH PEABODY, PORT ANGELES, WA 98362 (360) 452 -8491 1 -800- 654 -5545 FAX 452 -8498
04/03/01 14:23 $`360 452 8498 NTI ENG.& SURVEY 0 003
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0 NORTHWESTERN TERRITORIES, INC.
717 SOUTH PEABODY, PORT ANGELES, WA 98362
Engineers Land Surveyors Planners It
Construction Coordination Matenals Testing k 4 1
(3 60) 452 -8491 1 -600- 654 -5545 FAX 452 -8498
NT/
TIME PLUS EXPENSE RATE SCHEDULE AND BILLING PROCEDURES
HOURLY RATE
ENGINEERING
PRINCIPAL ENGINEER $80.00
PROJECT ENGINEER 75.00
GEOLOGIST 70.00
SENIOR TECHNICIAN 60.00
TECHNICIAN 55.00
TECHNICAL ASSISTANT 140.00
COURT TESTIMONY
SURVEYING
PRINCIPAL SURVEYOR $80.00
PROJECT SURVEYOR 75.00
SENIOR TECHNICIAN 60.00
TECHNICIAN 55.00
TECHNICAL ASSISTANT 110.00
LAND SURVEYING 2- PERSON FIELD CREW 150.00
LAND SURVEYING 3- PERSON FIELD CREW 120.00
CONSTRUCTION SURVEYING 2- PERSON FIELD CREW 160.00
CONSTRUCTION SURVEYING 3- PERSON FIELD CREW 1 1 26 0 00
COURT TESTIMONY
1. Unless otherwise noted, hourly rates include materials, equipment and 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 paid at time and one -half; Sunday and Holidays at double
time. Travel in excess of eight hours will be paid 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
CONCRETE, MORTAR OR GROUT COMPRESSION TEST 25.00 Each
(Includes curing, testing and reporting of specimens) 135.00 Each
GRADATION (SIEVE) ANALYSIS (ASTM C -33 and C -117) 65.00 Each
SAND EQUIVALENT (AASHTO D 4318) 225.00 Each
PROCTOR (SOIL MOISTURE DENSITY, ASTM D 698 or ASTM D 1557)
Other Tests Services such as Field Cylinder Collection,
Compaction Tests and Sample Gathering available at Hourly Rates Shown Above
EFFECTIVE APRIL 1. 2001 SUBJECT TO REVISION
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