HomeMy WebLinkAbout5.564 Original Contract 5. 5104
.7
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN q�182001
THE CITY OF PORT ANGELES
AND
METROPOLITAN COMMUNICATIONS CONSULTANTS
RELATING TO: PORT ANGELES TELECOMMUNICATIONS NETWORK DEVELOPMENT
THIS AGREEMENT is made and entered into this /3Lday of February 2001, by and between THE CITY OF
PORT ANGELES, a non charter code city of the State of Washington, (hereinafter called the "CITY and
METROPOLITAN COMMUNICATIONS CONSULTANTS, a Washington Limited Liability Corporation
(hereinafter called the "CONSULTANT
WHEREAS, the CITY desires to develop the Port Angeles Telecommunications Network, the first step of which
is the preparation of design and construction documents for the City's fiber optic backbone, and
WHEREAS, the CITY desires to engage the professional services and assistance of a qualified consulting firm
to perform the scope of work as detailed in Exhibits A, B and C, 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 scope of work includes professional services for preparation of the fiber optic backbone and core
customer drops design, critical materials identification for advance purchase, assistance during the
construction bidding process, construction phase services, a request for proposal for equipment needed to
activate the fiber optic backbone, assistance during the request for proposal process, and equipment
installation construction phase services.
The CITY may review applicable segments of the CONSULTANT'S work product at the designated milestones
set up in the CONSULTANT'S Work Process Control Flow Chart, attached hereto as Exhibit D. Upon
completion of review, the City shall approve the work segment or request revisions if the work segment is
incomplete or unsatisfactory If the work segment 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
City of Port Angeles page 1 2/6/2001
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.
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 thirty (30) 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 I I 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,
City of Port Angeles page 3 2/6/2001
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 CONSULTANT'S
negligence. It is further specifically and expressly understood that the indemnification provided herein
constitutes the CONSULTANT'S waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. The parties have mutually negotiated this waiver. 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 page 4 2/6/2001
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, Project Schedule, Lump Sum Costs
Exhibit B Scope of Work, Detailed Task Descriptions
Exhibit C Assumptions and Conditions
Exhibit D Consultant's Work Process Control Flow Chart
In WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first written
above.
CITY OF PORT ANG S
MIP
YOR -0"
ME POLITAN COMMUNICATIONS CONSULTANTS
4,4 c..,,T,
PRESIDENT
APPROVED AS TO FORM:
CRAIG KNUTS Y ATTORNEY
ATTEST:
BECKY UPT CI CLERK
City of Port Angeles page 5 2/6/2001
Exhibit A Scope of Work, Project Schedule, Lump Sum Costs
Stage 1 Backbone 100 Core Drops Design Completion By Lump Sum Total
Project 1a Backbone and Core Drops, Design begin 03/21/01
Task 1.a.1 Project management 07/13/01 10,000
Task 1.a.2 Design materials, analyses, fieldwork 05/18/01 49,360
Task 1.a.3 Critical materials, material list, quantities specs 04/16/01 23,190
Task 1.a.4 25% design review with City 04/17/01 1,000
Task 1.a.5 50% design review with City 05/11/01 1,000
Task 1.a.6 90% design review with City 06/18/01 37,420
Task 1.a.7 Construction plans tech specs 06/29/01 13,050
Task 1.a.8 Design approval 06/29/01 1,000
Task 1.a.9 Contract documents, ready for bidding 07/13/01 5,000
Subtotal, Project 1 a 141,020
Project 1 a Expenses
Expense 1.a.1 Travel /lodging 1 07/13/01 11,362
Subtotal, Project la Expenses 11,362.
Total, Project 1 a Labor and Expenses II 152,382 I
Project 1b Critical Materials, Advance Purchase Assistance 04/16/01
Task 1.b.1 Project management 05/15/01 1,500
Task 1.b.2 Critical materials, purchasing assistance 05/15/01 4,000
Subtotal, Project 1 b 5,500
Project 1 b Expenses
Expense 1.b.1 Travel /lod•in• 05/15/01 500
Subtotal, Project 1 b Expenses 500
Total, Project 1 b Labor and Expenses II 6,000
Project 1c Backbone Core Drops, Bidding Process 07/13/01
Task 1.c.1 Project management 09/18/01 1,000
Task 1.c.2 Installation bid call 07/27/01 3,000
Task 1.c.3 Installation bid evaluations, recommendations 09/03/01 3,752
Task 1.c.4 Installation contract awards 09/18/01 incl in 1.c.2, 1.c.3
Subtotal, Project lc 7,752
Project 1 c Expenses
Expense 1.c.1 Travel /lodging 1 09/18/01, 748
Subtotal, Project 1c Expenses 748
Total, Project lc Labor and Expenses I I 8,500
Total, Project la, lb, lc Labor and Expenses II 166,882 I
City of Port Angeles page 6 2/6/2001
Exhibit B Scope of Work, Detail Task Descriptions
Task Name Description
Task 1.a.1 Project management 1. Client liason communications
Task 1.b.1 2 Client representation
Task 1 c 1 3. Client requested in- person meetings (up to 2 /month)
4. Client reports and project documentation
5 Work planning, team management and administration
6. Work oversight, performance monitoring and quality assurance
7. Work budgets and schedules
8. Prepare and maintain project critical path schedules
Task 1.a.2 Design materials, analyses, fieldwork 1. Review of prior studies, including backbone business plan
2. Applicable city base maps r/w and utility maps
3. Obtain City criteria and design requirements
4 Determination of user services and applications required
5. Fiber type and count analyses
6. Special design situations, e g substation connections.
7. Provision for other network interconnections (e.g. Qwest, NoaNet, Clallam Co PUD, etc.)
8 Wireless network interconnections
9. "Meet -me" facility provisions
10. Field surveys and digital photo log of routes, obstructions, existing other utilities
11. Advise City re make ready pole and new conduit requirements
12 Node site conditions and requirements
Task 1.a.4 25% design review with City 1. For each review, following materials will be submitted:
Task 1.a.5 50% design review with City a. Four copies of 11x17" drawing sets for City review
Task 1.a.6 90% design review with City b. Electronic pdf format copy of other documents for City review
Task 1.a.8 Design approval c. Updated project cost estimate
2. In- person meeting with City as required
3. Modify design documents per review comments
Task 1.a.3 Critical materials 1. Fiber system and route design sufficient for quantity take -off
material list, quantities specs 2. Materials purchase document in pdf format ready for City printing
3. Materials cost estimate
4 In- person meeting with City as required
Task 1.a.7 Construction plans technical specs 1. Industry standard, City format, BICSI certified, design documents
Task 1.a.9 Installation, contract documents, ready for bidding 2 Final submittal, incorporating all City comments will consist of:
a. Camera ready plans for City printing
b Technical specifications, contract documents in electronic pdf format
c. Typical drop standard detail drawings (2 ea aerial and underground)
d Updated project cost estimate
3. In- person meeting with City as required
Task 1.b.2 Critical materials, purchasing assistance 1. Provide contacts and assist City in locating and purchasing project optical fiber cable
Task 1.c.2 Installation, bid call 2 For bidding process, provide consultation and answer questions in bid period
Task 1.c.3 Installation bid evaluations, recommendations 1 Evaluate bids, provide evaluation report, recommend award
Task 1.c.4 Installation contract awards 2 Prepare total project construction (TPCC) and total project cost (TPC) report
City of Port Angeles page 7 2/6/2001
Exhibit C Assumptions and Conditions
PROJECT TASKS BY CITY
The City of Port Angeles will provide the following:
1. Base map information including horizontal and vertical control.
2. Utility maps and available as built documents.
3. Provide City criteria and design requirements
4. Identify all network termination and demarcation locations at City sites and other user site locations.
5. Provide sample contract document from a recent project as a model for this project
6. Prompt review of materials submitted for City comment
7. Print the bidding documents including the camera ready plans provided by the Consultant.
BACKBONE CONSTRUCTION PLANS
Consultant's drawings will be produced using AutoCAD 2000 format
1. Standard drawing frame size shall be 11 inches by 17 inches.
2. Plans shall be at a scale of 1 inch equals 200 feet.
3. A preliminary drawing list shall include at a minimum the following sheets:
a. Cover Sheet
b. Location Map, Drawing Index, General Notes
c. Overall Route Map and Drop Site Index
d. System Logic Diagram
e. Plan Sheets, number as required
f. Drop Site Plans and Details, 100 sites
g. Typical drop standard detail drawings (2 ea aerial and underground)
h. Standard Details
i. Miscellaneous Details
4. All review and final drawings will be certifed by BICSI /RCDD Designer
City of Port Angeles page 8 2/6/2001
Exhibit D Consultant's Work Process Control Flow Chart
This confidential and proprietary document is the property of the Consultant and is furnished for the use of this contract agreement only.
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City of Port Angeles page 9 1/26/2001