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HomeMy WebLinkAbout051815_ca03Department 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.E., Public Works Director /County Engineer Agenda Date: May 18, 2015 Subject: Professional Services Agreement with Northwestern Territories, Inc. for Dowans Creek Road Realignment, County Project No. CR17993, FEMA 1734 -DR -WA Statement of Issue: Professional Services Agreement with Northwestern Territories, Inc. of Port Angeles, Washington for materials testing services for the Dowans Creek Road Realignment. Analysis /Strategic Goals /Pro's Ft Con's: Dowans Creek Road will be realigned between milepost 0.85 and milepost 1.53 in order to move the road out of an active landslide area and preserve access to properties served by Dowans Creek Road beyond the slide area. Construction will occur during the summer of 2015. This Professional Services Agreement is to provide material testing services during construction. Fiscal Impact /Cost Benefit Analysis: The maximum amount payable under this agreement is $7,000.00. This project is funded at 75% by the Federal Emergency Management Agency (FEMA), 12.5% by Washington State, and 12.5% by the County Road Fund. Recommendation: The Board is requested to sign all three originals of the Professional Services Agreement with Northwestern Territories, Inc., and return two originals to Public Works. Department Contact: Mark Thurston, P. E., Project Manager, 385 -9160. Reviewed By: 7 -Z— Mflip- Morley-, ounty Administrat r Date PROFESSIONAL SERVICES AGREEMENT FOR Materials Testing Services Dowans Creek Road Realignment County Project No. CR17993 THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County ", and Northwestern Territories, Inc. of Port Angeles, Washington, hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. tion. The Consultant is retained by the County to perform materials testing services for the Dowans Creek Road Realignment project. 2. Scope 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 shall be effective through December 31, 2015. 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 $7,000.00 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. d. 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. re . 3 /2015 Page 1 of 6 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. 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 attorney's 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. 8. 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; rev. 3/2015 Page 2 of 6 b. Personal Injury Liability, including extended bodily injury; C. Broad Form Contractual /Commercial Liability — including completed operations; d. Premises — Operations Liability (M &C); e. Independent Contractors and subcontractors; f. Blanket Contractual Liability. The County shall be named as an additional insured party under this policy. 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 additional security covering such judgment as may be determined by the County. rte. 3/2015 Page 3 of 6 The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. Any 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. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the County. rev. 3/2015 Page 4 of 6 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: Northwestern Territories, Inc. 717 S. Peabody 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. rm. 3/2015 Page 5 of 6 SIGNATURE PAGE DATED this /O day of 20 ,/ $- SIGNATURE PAGE JEFFERSON COUNTY BOARD OF CUMMISS NT/ / Name of Consultant David 1 v Representative print) Phil Jbhnson, Member (Signature 1A� Kathleen kler, Member Title r q /3015 Date Approved as to tfqqFM only: David Alvarez Date Deputy Prosecuting Atto ey 7. s� Monte n ers, P.E. Date Public Works Director /County Engineer rw. 3/2015 Page 6 of 6 EXHIBIT A SCOPE OF WORK DOWANS CREEK ROAD REALIGNMENT COUNTY PROJECT NO. CR17993 INTRODUCTION This agreement provides for materials testing and inspection services that will be necessary during construction of the Dowans Creek Road Realignment. ADMINISTRATION AND COORDINATION The Consultant will be required to continually coordinate with the Agency the work effort involved in all tasks under this agreement. Work completed under this task shall include the following: A. Provide one -on -one liaison between the Agency Project Manager and Consultant team. B. Provide notification of anticipated delays or problems. C. Provide monthly invoice, which shall include the following: a. Name of each employee that worked on the project in the billing period b. Each employee's job classification c. Each employee's hours worked d. Each employee's hourly wage rate e. Itemization of Tests performed and the cost per Test. f. Each invoice will also include all direct non -salary costs and copies of supporting invoices or bills. The Agency will disallow all or part of any claimed cost, which is not adequately supported by documentation. D. The Consultant shall keep the Agency informed of materials conditions and test results through the duration of the project. When a material being used does not meet the requirements of the Specifications, the Agency must be informed immediately. E. The Consultant shall coordinate the work effort for this project with the Agency's schedule and the construction activities of the Contractor, through the duration of the project. All sampling and testing times shall be coordinated through the Agency. Page 1 of 4 MATERIALS AND QUALITY CONTROL TESTING In order to ensure that the materials incorporated in all construction projects meet minimum requirements, they will be sampled and quality tested. The Consultant is required to perform the appropriate tests and interpret the results. All sampling and testing procedures shall be in accordance with the contract documents, the provisions of the 2014 WSDOT Standard Specifications for Road, Bridge and Municipal Construction, the WSDOT Construction Manual, and the WSDOT Materials Manual. All sampling, tests, measurements or other functions performed by Consultant personnel are recognized as being for the sole purpose of assisting the Agency. All work done and all tests /reports furnished shall be subject to inspection by the Agency. The Agency shall have access to the work at all times, and shall be furnished sufficient, safe and proper facilities for ascertaining that the tests furnished and work performed are as required by the contract. The Consultant shall furnish such samples of materials used or to be used in the construction, as may be required to ensure conformance with the contract plans and specifications. A. The Consultant shall furnish such labor and facilities as may be required to enable the Consultant to make a thorough inspection and culling of the materials. All devices shall be capable of safely and conveniently obtaining representative samples of materials being produced or conveyed. The design and operation of sampling equipment shall be per the above stated references. B. The Consultant shall be thoroughly knowledgeable of the specifications and methods applicable to the work. Before construction begins, the Consultant shall secure all equipment necessary to carry out the material testing. This equipment shall include but not be limited to: air and asphalt thermometers, sieves, scales, tapes and rules, canvas sample sacks, containers for sampling, forms, diary books, lab equipment, nuclear density gauge, slump cones, air meter, etc. C. The Consultant will provide to the Agency any certifications of equipment and its employees for testing of material required for this project. The Consultant is responsible to verify the conformance of the material with the contract requirements, and upon verification the Consultant will route the reports to the Agency. The Consultant will determine or verify the required tests and testing procedures for all materials per the above stated publications. D. The Consultant shall make such minor changes, amendments or revisions in the detail of the work as may be required by the Agency. When alternatives are being considered, the Agency shall have the right of selection. E. In performance of the Consultants work, the Consultant's personnel may call to the attention of the Contractor any faulty work or materials or infringements of the terms of the contract; however, the Consultant is not authorized to approve or accept any work or Page 2 of 4 materials or to issue instructions or advice contrary to the contract. Work done or material furnished which at any time is found not to conform to contract requirements shall be immediately reported to the Agency. The Agency's personnel will have the authority to reject and suspend work that is being done improperly and to approve or accept any work or materials furnished, subject to final decisions of the Agency. F. Failure or neglect on the part of the Consultant to condemn unsatisfactory material or reject inferior workmanship will in no way release the Consultant, nor shall it be construed to mean the acceptance of such work, nor shall the final acceptance bar the Agency from recovering damages in case fraud was practiced, or for defective work resulting from the Consultants dishonesty. No compensation will be made for defective work or materials. G. The materials testing performed by the Consultant under this agreement shall be verified by a thorough check by the Consultant and shall be so certified by the Consultant. The Consultant will be held responsible for the accuracy of the work, even though the work has been accepted by the Agency. H. The Agency may provide the Consultant with copies of Plans, Specifications, Estimates, Profiles, Cross - sections, Earthwork, and Field notes for their use in materials testing. If necessary, the Agency will provide access to required manuals and forms. I. Samples will be secured and tested whenever necessary to determine the quality of the material. Sufficient samples representative of the proposed materials shall be taken to ensure that the minimum specification requirements are met. Examination, tests and representative samples at the frequency required by the Agency, shall be submitted prior to incorporating the material in the work. Unless otherwise authorized by the Agency, only samples taken by the Consultant will be accepted. J. Job site samples will be obtained, tested, and recorded following methods of field and laboratory material testing described in the contract documents, in the 2014 WSDOT Standard Specifications for Road, Bridge and Municipal Construction, the WSDOT Construction Manual, and the WSDOT Materials Manual. The exact point of acceptance will be determined by the Engineer. K. The Materials Tests /Inspections anticipated to be performed include, but are not limited to the following: a. Moisture Density Relationship b. In -Place Density and Moisture Content c. Sieve Analysis of Aggregates d. Sand Equivalent & Dust Ratio e. Fracture in Aggregate Page 3 of 4 L. The Consultant's duties shall include: a. Perform the required sampling and testing of materials. b. Provide the Agency with all Test reports in an expedient manner. c. Advise the Agency of job status relative to materials compliance. d. Maintain accurate and complete records of field and laboratory tests. e. Provide all pertinent materials information to Agency's inspectors for entry into the Daily Inspector's Reports. M. It shall be understood that all costs incurred for materials testing that exceeds the minimum requirements or is not requested by the Agency or does not meet the Agreement requirements, shall be at the Consultant's risk and will not be subject to payment. N. The Consultant shall perform the work in a manner that will minimize interference and delay for all forces involved. The Consultant shall devote the attention required to make reasonable progress on the work and shall cooperate fully with the Agency and its inspectors. REQUIRED TEST METHODS FOR MATERIAL TESTING Title Test Method Materials Finer than 0.075 mm (No. 200) Sieve in Mineral Aggregates AASHTO T 11 by Washing FOP for AASHTO for Determining the Percentage of Fracture in WSDOT FOP for Coarse Aggregates AASHTO T 335 FOP for WAQTC / AASHTO for Sieve Analysis of Fine and Coarse WAQTC FOP for Aggregates AASHTO T 27/11 FOP for AASHTO T 176 for Plastic Fines in Graded Aggregates and WSDOT FOP for Soils by Use of the Sand Equivalent Test AASHTO T 176 Moisture- Density Relations of Soils AASHTO T 99 or AASHTO T 180 Method of Test for Compaction Control of Granular Materials WSDOT T 606 Page 4 of 4 2 % � � ) k & � � 200 CL % I 7 w2a a a k k 0 w 0 CD \\ C. \\ j� j� 6s § } \ \; =ze „ // «E § §§% §b B% % f$ J \\ jj }[ ¥ E) § k 5 // /// /0 a 0) / k \ k j # a \ \ - a \ } \§c / k ` J]) ) # / 0 co ! e,m E © cr �7 / � \ /j/ ) . § ae 6 ) ; / ] \ �« \\C Of > k 5`22 oa ( «( )2 u \ƒ |ƒ j�( \§ ;7 §g j$4/ �) \4 Cc /■ 7\G ,n)(k \Eco 2 m a 2 !! =m«u CD CO Q7�= - �) « E)$G 0 z £ Jƒ / a a k k 0 w \\� C. \\ \ j� } // § §§% §b B% % J \\ jj }[ i k a / k \ j # � \ - \ } { / \ ) # / 0 © cr �7 / Q: ) . § ae 6 ) ; / ] \ �« Of > 5`22 {k2 ( «( § \ \ƒ Jj( j�( \§ $$o) §g 230 7\G 2 e a 2 a a k k 0 w