HomeMy WebLinkAbout040714_ca12Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Monte Reinders, P.' /4
Public Works Director / ount Engineer
Agenda Date: April 7, 2014
Subject: Quilcene Replacement Shop Project
Execution of Standard Consultant Agreement
County Project No.: 180 543 1868
Statement of Issue:
Execution of a contract for surveying services with NTI Engineering and Land
Surveying Inc, of Port Angeles WA, for the Quilcene Replacement Shop Project. This
Contract will provide construction staking and construction support for the
construction of this project.
Analysis /Strategic Goals /Pro's Et Con's:
This surveying work is needed to support the construction phase.
Fiscal Impact /Cost Benefit Analysis:
This project is funded through local funds. The not-to- exceed contract value is
$4,000.
Recommendation:
Please sign the three (3) original contracts provided and return two (2) to Public
Works for further processing.
Department Contact: Gordon D. Ramstrom, 385 -9380.
Reviewed By:
Date
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation,
hereinafter referred to as "the County ", and NTI En ing eering and Land Surveying, 717 South
Peabody Street, Port Angeles, WA 98362, hereinafter referred to as "the Consultant ", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
Proiect Designation. The Consultant is retained by the County to provide land surveying
services associated with the Quilcene Shop Replacement project.
Scone of Services. Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor.
3. Time for Performance. Work under this contract shall commence upon the giving of
written notice by the County to the Consultant to proceed. Consultant receipt of a
Purchase Order shall constitute said notice. Consultant shall perform all services and
provide all work product required pursuant to this agreement on the dates listed on
Exhibit "A ". This agreement is to remain in effect through December 31, 2014
4. Payment. The Consultant shall be paid by the County for completed work and for
services rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made as provided on
Exhibit "B" attached hereto, provided that the total amount of payment to
Consultant shall not exceed Four thousand dollars ($4,000.00) without express
written modification of the agreement signed by the County.
b. The consultant may submit invoices to the County once per month during the
progress of the work for partial payment for project completed to date, up to 80%
of total project costs. Such vouchers will be checked by the County, and upon
approval thereof, payment will be made to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned
will be made promptly upon its ascertainment and verification by the County after
the completion of the work under this agreement and its acceptance by the
County.
Payment as provided in this section shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and
incidentals necessary to complete the work.
e. The Consultant's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the County and state for a period of
three (3) years after final payments. Copies shall be made available upon request.
PROFESSIONAL SERVICES AGREEMENT
H: \SHOPS \Quilcene \Survey \NTI contract- 2014\new fortes \031414 Professional Services Agreement NTLdoCX Rev. 8/92013 Page 1 of 8
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
agreement shall be the property of the County whether the project for which they are
made is executed or not. The Consultant shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in
connection with Consultant's endeavors.
6. Compliance with laws. Consultant shall, in performing the services contemplated by this
agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this
agreement.
7. Indemnification. Consultant shall indemnify, defend and hold harmless the County, its
officers, agents and employees, from and against any and all claims, losses or liability, or
any portion thereof, including attorneys fees and costs, arising from injury or death to
persons, including injuries, sickness, disease or death to Consultant's own employees, or
damage to property occasioned by a negligent act, omission or failure of the Consultant.
Insurance.
The Consultant shall obtain and keep in force during the terms of the Agreement, policies
of insurance as follows:
If and only if the Consultant employs any person(s) in the status of employee or
employees separate from or in addition to any equity owners, sole proprietor, partners,
owners or shareholders of the Consultant, Worker's Compensation Insurance in an
amount or amounts that are not less than the required statutory minimum(s) as established
by the State of Washington or the state or province where the Consultant is located.
Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non -owned vehicles assigned to or used in
the performance of the work for a combined single limit of not less than $500,000 each
occurrence with the COUNTY named as an additional insured in connection with the
CONSULTANT'S performance of the contract.
General Commercial Liability Insurance in an amount not less than a single limit of one
million dollars ($1,000,000) per occurrence and a aggregate of not less than two (2) times
the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and
property damage, unless a greater amount is specified in the contract specifications. The
insurance coverage shall contain no limitations on the scope of the protection provided
and include the following minimum coverage:
a. Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
C. Broad Form Contractual /Commercial Liability — including completed operations;
d. Premises — Operations Liability (M &C);
PROFESSIONAL SERVICES AGREEMENT
HASHOPS \Quilcene \Survey\NTl contract- 2014\new forms \031414 Professional Services Agreement NTI.dOCX Rev. 8/92013 Page 2 of 9
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
To the extent the Consultant, or anyone acting on the Consultant's behalf in furtherance
of the Scope of Work made part of this Contract or in furtherance of this Contract is
licensed or regulated by the State of Washington, then the Consultant shall provide to the
County proof of professional liability (errors and omissions) insurance relevant to the
professional's vocation in the amount of not less than $1 million per occurrence.
Such insurance coverage shall be evidenced by one of the following methods:
* Certificate of Insurance; '
* Self - insurance through an irrevocable Letter of Credit from a qualified financial
institution.
Certificates of coverage as required by this section shall be delivered to the County
within fifteen (15) days of execution of this agreement.
Any deductibles or self- insured retention shall be declared to and approved by the County
prior to the approval of the contract by the County. At the option of the County, the
insurer shall reduce or eliminate deductibles or self - insured retention or the Consultant
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
The Consultant shall include all subcontractors as insured under its insurance policies or
shall furnish separate certificates and endorsements for each subcontractor. All insurance
provisions for subcontractors shall be subject to all of the requirements stated herein.
Failure of the Consultant to take out and/or maintain any required insurance shall not
relieve The Consultant from any liability under the Agreement, nor shall the insurance
requirements be construed to conflict with or otherwise limit the obligations concerning
indemnification.
It is agreed by the parties that insurers shall have no right of recovery or subrogation
against the County (including its employees and other agents and agencies), it being the
intention of the parties that the insurance policies so affected shall protect both parties
and be primary coverage for any and all losses covered by the above described insurance.
It is further agreed by the parties that insurance companies issuing the policy or policies
shall have no recourse against the County (including its employees and other agents and
agencies) for payment of any premiums or for assessments under any form of policy. It
is further agreed by the parties that any and all deductibles in the above described
insurance policies shall be assumed by and be at the sole risk of the Consultant.
It is agreed by the parties that judgments for which the County may be liable, in excess of
insured amounts provided herein, or any portion thereof, may be withheld from payment
due, or to become due, to the Consultant until such time as the Consultant shall furnish
PROFESSIONAL SERVICES AGREEMENT
H9SH0PS \Quilcene \Survey\NTl contract- 2014\new forms \031414 Professional Services Agreement NTI.doCX Rev. 8/92013 Page 3 of 8
additional security covering such judgment as may be determined by the County.
The County reserves the right to request additional insurance on an individual basis for
extra hazardous contracts and specific service agreements.
Any insurance coverage for third party liability claims provided to the County by a "Risk
Pool" created pursuant to Ch. 48.62 RCW shall be non - contributory with respect to any
policy of insurance the Consultant must provide in order to comply with this Agreement.
If the proof of insurance or certificate indicating the County is an "additional insured" to
a policy obtained by the Consultant refers to an endorsement (by number or name) but
does not provide the full text of that endorsement, then it shall be the obligation of the
Consultant to obtain the full text of that endorsement and forward that full text to the
County.
The County may, upon the Consultant's failure to comply with all provisions of this
contract relating to insurance, withhold payment or compensation that would otherwise
be due to the Consultant.
9. Independent Contractor. The Consultant and the County agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of
Consultant shall be entitled to any benefits accorded County employees by virtue of the
services provided under this agreement. The County shall not be responsible for
withholding or otherwise deducting federal income tax or social security or for
contributing to the state industrial insurance program, otherwise assuming the duties of
an employer with respect to Consultant, or any employee of Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration
contingent upon or resulting from the award or making of this contract. For breach or.
violation of this warranty, the County shall have the right to annul this contract without
liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee,
gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
PROFESSIONAL SERVICES AGREEMENT
H:\SHOPS \Quilcene \Survey\NTI contract- 2014\new forms \031414 Professional services Agreement NTI.doCX Rev. 8/92013 Page 4 of 8
12. Assi ng ment. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the County.
13. Non- Waiver. Waiver by the County of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other
provision.
14. Termination.
a. The County reserves the right to terminate this agreement at any time by giving
ten (10) days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any
of its supervisory personnel assigned to the project, the surviving members of the
Consultant hereby agree to complete the work under the terms of this agreement,
if requested to do so by the County. This section shall not be a bar to
renegotiations of this agreement between surviving members of the Consultant
and the County, if the County so chooses.
15. Notices. Notices to the County of Jefferson shall be sent to the following address:
Jefferson County Public Works
623 Sheridan Street
Port Townsend, WA 98368
Notices to Consultant shall be sent to the following address:
NTI Engineering and Land Surveying
717 South Peabody Street
Port Angeles, WA 98362
16. Integrated Agreement. This Agreement together with attachments or addenda, represents
the entire and integrated agreement between the County and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both County and
Consultant.
PROFESSIONAL SERVICES AGREEMENT
HASHOPS \Quilcene \Survey \NTI contract- 2014\new forms \031414 Professional Services Agreement NTLdoCX Rev. 8/9/2013 Page 5 of 8
SIGNATURE PAGE
DATED this day of 12014.
Consultant County of Jefferson
O p0 pf( Board of Commissioners
(Please print) /
(Signature) 3//9/mL John Austin, Chair
Date
Phil Johnson, Member
David W. Sullivan, Member
Approved as to form only:
covs— 311 ) 4
David Alvarez bake
Deputy Prosecuting A
Monte Re ers, P.E. Date
Public Works Director /County Engineer
PROFESSIONAL SERVICES AGREEMENT
H9SH0PS \Quilcene\Survey\NT1 contract- 2014\new fortes \031414 Professional services Agreement NTI.dOCX Rev. 8/9@013 Page 6 of 8
Exhibit A
Scope of Work/ Fee Estimate
Project No. 180 543 1868
TASK ITEMS:
1. Submit signed recordable original mylar of our Record of Survey for the JCPW boundary
survey in Section 24 J27 N, R02 W): 1 hour AutoCad Technician + 1 hour PLS review
and sign map. Provide two copies of the Record of Survey together with electronic data
files including coordinates, and AUTOCAD files
2. Construction staking for 2 buildings at project site in Quilcene. Stakes to be marked with
offsets and elevations. Plus check grades and locations, as required: 1 day for 2 man
crew + 4 hours crew prep for AutoCad technician.
3. Incidental surveying work as directed by the Owner. Allowance for surveying during the
construction phase.
FEE ESTIMATE
1
Finalize Record of Survey
$170.00
2
Construction staking
$1,500.00
3
Incidental surveying
$2,330.00
TOTAL
$4,000.00
NOTE:
1. COST: The cost will be for actual hours work only, based on the Rate Schedule Exhibit -
B
2. SCHEDULE: To be completed within one calendar week of the Notice to Proceed.
PROFESSIONAL SERVICES AGREEMENT
H1SH0PS \Quilcene \Survey\NTl contract- 2014\new forms \031414 Professional Services Agreement NTLdoCX Rev. 8/92013 Page 7 of 8
Exhibit B
Fee Rate Schedule
ENGINEERING AND LAND SURVEYING HOURLY
Rate RATE
PRINCIPAL ENGINEER OR SURVEYOR ........................................... ............................... .........................$95.00
GEOLOGIST, PROJECT ENGINEER OR PROJECT SURVEYOR ............................ ...............................
$90.00
SENIOR TECH- OFFICE OR LAB ..................................................... ............................... .........................$75.00
SENIOR TECH- FIELD INSPECTOR WITH EQUIPMENT (INCLUDES MILEAGE) .......... ........................'$80.00
TECHNICIAN................................................................................................................. ...............................
$75.00
TECHNICAL ASSISTANT ..................................................................... ............................... .............:..........$40.00
LAND SURVEYING 1- PERSON FIELD CREW ................................... ............................... ........................
$110.00
LAND SURVEYING 2- PERSON FIELD CREW ................................... ............................... ........................$140.00
LAND SURVEYING 3- PERSON FIELD CREW ......................................................... ...............................
$175.00
CONSTRUCTION SURVEYING 1- PERSON FIELD CREW ............... ............................... ........................
$120.00
CONSTRUCTION SURVEYING 2- PERSON FIELD CREW ....................................... ...............................
$150.00
CONSTRUCTION SURVEYING 3- PERSON FIELD CREW ....................................... ...............................
$185.00
COURT TESTIMONY & DEPOSITIONS ..................................................................... ...............................
$175.00
1. Unless otherwise noted, hourly rates include materials, equipment and vehicular mileage.
2. Minimum charge for professional services is one hour for office consultation, two hours for field
consultation, and four hours for court testimony.
3. Work in excess of eight hours and Saturdays is to be billed at time and one -half; Sunday and
Holidays at double time. Travel in excess of eight hours will be billed at regular full time hourly rates
listed above.
4. Non -salary reimbursable expenses will include the following items:
a. Items outside of general overhead costs, such as special legal and accounting expenses, special
consultants, backhoe services, laboratory charges, special copying services and printing and
binding at 10% above actual cost.
b. Government fees directly related to the project such as County survey recording fees and agency
review fees.
c. Out -of -town travel and living expenses related to the project. Travel time shall be hourly per
rates listed above.
PROFESSIONAL SERVICES AGREEMENT
H:\SHOPS \Quilcene\Survey\NTl contract- 2014\new forms \031414 Professional Services Agreement NTI.doCX Rev. 8/9/2013 Page 8 of 8