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HomeMy WebLinkAboutKrazan & Associates, Inc. - 060517PROFESSIONAL SERVICES AGREEMENT FOR MATERIALS SAMPLIING, TESTING, AND INSPECTION For RICK TOLLEFSON MEMORIAL TRAIL, PHASE I THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County", and Krazan & Associates, Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the County to provide materials sampling, testing, and inspection services for the Rick Tollefson Memorial Trail, Phase I 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 is to remain in effect through December 31, 2018. 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 $8,849.40 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. Rick Tollefson Memorial Trail, Phase I 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: Rick Tollefson Memorial Trail, Phase I Page 2 of 6 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); 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. Rick Tollefson Memorial Trail, Phase I 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. Rick Tollefson Memorial Trail, Phase I 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: Krazan & Associates, Inc. 1230 Finn Hill Road NW, Suite A Poulsbo, WA. 98370 16. Integrated ted 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. Rick Tollefson Memorial Trail, Phase I Page 5 of 6 DATED this S -t6 SIGNATURE PAGE SIGNATURE PAGE day of -Tu,"C ,2p 17? KRAZAw 'I ASSOCIATES Name of Consultant cWES mAHAN Consultant's Representative (Please print) Uj m kww, (Signature) 40PERAT10145 MA"AC�E2 Title mA�t 17. 2Uli Date JEFFERSON COUNTY BOARD OF COMMISSIONERS --4da�� 4�61 Approved as to form only: 61- C. / �� �—LZZ 7 Philip e. Hunsucker, Date Chief Civil Deputy Prosecutor M emders, P.E. Date lic Works Director/County Engineer Rick Tollefson Memorial Trail, Phase I Page 6 of 6 EXHIBIT A SCOPE OF SERVICES FOR MATERIALS SAMPLING, TESTING, AND INSPECTION The CONSULTANT will collect and transport material samples, perform materials tests, prepare test reports for native ground density and aggregates, and welding inspection. Services will be for the Rick Tollefson Memorial Trail, Phase I Project in Hadlock, WA. Testing will be performed in accordance with the WSDOT 2016 Standard Specifications, WSDOT Materials Manual, WSDOT Construction Manual, and the project Contract Provisions and Plans. The scope of work consists of the following tasks: 1. Materials Sampling and Laboratory Materials Testing 2. Materials Inspection and On-site Compaction Testing 3. Welding Inspection (if Prefabricated Pedestrian Bridge is not one piece) The assumed project schedule constraints are as follows: 1. Anticipated Construction Start Date: Between June 5 and July 5, 20017. 2. Anticipated Construction End Date: October 31, 2017. Task 01— Materials Sampling and Laboratory Materials Testing The CONSULTANT will conduct the following sampling and testing in accordance with the above listed manuals and documents: Procedure No. Test Method Estimated Test Quantity AGGREGATES 1 -- Gravel Borrow 1 — TSTC 1 -- CSBC AASHTO T-2 WSDOT FOP for AASHTO for the Sampling of Aggregates 1 — Gravel Backfill Foundation Cl. A 1-- Sand Drainage Blanket 1 -- Gravel Borrow 1 — TSTC AASHTO FOP for WAQTC/AASHTO for the Sieve Analysis of Fine & Coarse 1 -- CSBC T -27/T 11 Aggregates 1 — Gravel Backfill Foundation Cl. A 1-- Sand Drainage Blanket 1 -- Gravel Borrow AASHTO T-176 WSDOT FOP for AASHTO for Determining the Plastic Fines in Graded 1 -- CSBC Aggregate by Use of the Sand Equivalent Test 1 — Gravel Backfill Foundation Cl. A 1 -- Gravel Borrow 1 — TSTC AASHTO T-248 WSDOT FOP for AASHTO for Reducing Field Samples of Aggregates 1 -- CSBC to Testing Size 1 — Gravel Backfill Foundation Cl. A 1-- Sand Drainage Blanket Rick Tollefson Memorial Trail, Phase I Page I Procedure No. Test Method Estimated Test Quantity 1 -- Gravel Borrow 1 — TSTC AASHTO T-255 WSDOT FOP for AASHTO Determining for the Total Moisture Content 1 -- CSBC of Aggregate by Drying 1 — Gravel Backfill Foundation Cl. A 1-- Sand Drainage Blanket AASHTO T-335 FOP for AASHTO for Determining the Percentage of Fracture in Coarse 1 — TSTC Aggregate 1 -- CSBC AASHTO T96 Resistance to Degradation of Small-Size Coarse Aggregate by Abrasion 1 — TSTC and Impact in the Los Angeles Machine 1 -- CSBC AASHTO T-113 Method of Test for Determination of Degradation Value 1 — TSTC 1 -- CSBC SOILS Maximum Density and Optimum Moisture Content AASHTO T99 Moisture-Density Relations of Soils Using a 5.5 lb. (2.54kg.) Rammer 1 — Rdwy. Ex. & Method A and a 12 in. (305 mm) Drop Checklist Embank. comp.(native) 1 — Gravel Borrow 1 — TSTC WSDOT T606 Method of Test for Compaction Control of Granular Materials AASHTO T180 Moisture-Density Relations of Soils Using a 101b. (4.54kg.) Rammer and 1 — CSBC Method D a 18 in. (457 mm) Drop Checklist 1 — Gravel Backfill Foundation Cl. A In-Place Density AASHTO T-310 WSDOT FOP for AASHTO for In-Place Density and Moisture Content Ex. & Embank.4 — Rdwy.. Ex.compnative) of Soil and Soil Aggregate by Nuclear Method 3 — Gravel Borrow 4 — TSTC WSDOT Determination of the % Compaction for Embankment & Untreated 4 — CSBC SOP 615 Surfacing Materials Using the Nuclear Moisture-Density Gauge 2 — Gravel Backfill Foundation Cl. A Test Procedures may only be substituted upon agreement between the AGENCY and the Consultant. • The AGENCY will provide copies of the project Contract Provisions, Plans, and Record of Materials for the CONSULTANT'S use on this project. • The CONSULTANT will verify that the materials meet the contract requirements based upon testing results. The CONSULTANT will monitor the condition of materials for changes. • The CONSULTANT will provide clarification of materials testing procedures when requested. • The CONSULTANT will provide all test reports to the AGENCY without delay. Assumptions • Approximately 905 C.Y. of Roadway Excavation will be removed and approximately 1500 C.Y. of Embankment Compaction placed. Compaction testing will be done on the excavated native material in cut situations and the compacted native material in fill situations. • Approximately 55 C.Y. of Structure Excavation Cl. A (2 bridge abutments) will be removed. Compaction testing will be done on the compacted native material surface. • Approximately 1081 C.Y. (2000 tons) of Gravel Borrow Incl. Haul will be placed. Maximum Density/Optimal Moisture, Gradation, Sand Equivalent, and Compaction testing will be done. Rick Tollefson Memorial Trail, Phase I Page 2 • Approximately 446 C.Y. (825 tons) Trail Surfacing Top Course will be placed. Gradation, Sand Equivalent, Fracture, and Compaction testing will be done. (Los Angeles Wear and Degradation may be done if ASA source does not meet requirements). • Approximately 514 C.Y. (950 tons) Crushed Surfacing Base Course will be placed. Gradation, Sand Equivalent, Fracture, and Compaction testing will be done. (Los Angeles Wear and Degradation may be done if ASA source does not meet requirements). • Approximately 5 C.Y. Gravel Backfill for Foundations Class A will be placed. Gradation, Sand Equivalent, and Compaction testing will be done. • Approximately 2 C.Y. Sand Drainage Blanket will be placed. Gradation testing will be done. Deliverables • WSDOT standard test reports or equivalent reports with test results. Task 02 — Materials Inspection and Compaction Testing The CONSULTANT will observe the compaction of the Roadway Excavation/Embankment Compaction and Structure Excavation Cl. A and test the compaction using a nuclear density gauge and meeting the requirements of WSDOT Standard Specification Section 2-03.3(14)C and Section 2-03.3(14)D. The CONSULTANT will observe the placement and test compaction of the Gravel Borrow using a nuclear density gauge and meeting the requirements of WSDOT Standard Specification Section 2- 03.3(14)C and Section 2-03.3(14)D. The CONSULTANT will observe the placement and test compaction of the Trail Surfacing Top Course and the Crushed Surfacing Base Course using a nuclear density gauge and meeting the requirements of WSDOT Standard Specification Section 4-04.3(5) and Section 2-03.3(14)D. The CONSULTANT will observe the placement and test compaction of the Native Soil and the Gravel Backfill for Foundations Class A for the bridge abutments, using a nuclear density gauge and meeting the requirements of WSDOT Standard Specification Section 2-03.3(14)I) and Section 2-03.3(14)D. The CONSULTANT will provide all compaction test reports to the AGENCY without delay. Deliverables • WSDOT standard test reports or equivalent reports with test results. Task 03 — Welding Inspection The CONSULTANT will perform welding inspection if the prefabricated pedestrian bridge is not one piece. On-site welding inspection will be per Section 6-03.3(25) and Section 6-03.3(25)A Welding Inspection. Contractor to submit welding procedures for approval with the shop drawings. Inspection of the bridge fabrication will be performed by WSDOT Materials Laboratory, Fabrication Inspection Department. Deliverables • WSDOT standard welding test reports or equivalent reports with test results. Rick Tollefson Memorial Trail, Phase I Page 3 EXHIBIT B FEE SCHEDULE RICK TOLLEFSON MEMORIAL TRAIL, PHASE I Materials Testing HOURLY BILLING RATES JOB TITLE RATE PRINCIPAL $150.00/HR. TECHNICAL MANAGEMENT $90.00/HR. FIELD TECHNICIAN/INSPECTION $55.00/HR. FIELD TECHNICIAN/SAMPLE PICK-UPS $45.00/HR. WELDING INSPECTION L $75.00/HR. I - ____1 NOTES: ES: Rate includes salary, overhead, profit, tools, materials, and equipment. Travel time will be paid at the regular hourly rate. UNIT TEST COSTS TEST NAME UNIT COST COMPACTION/NUCLEAR GAUGE $0.00 PER DAY MOISTURE DENSITY RELATIONSHIP $200.00 PER TEST GRADATION $100.00 PER TEST SAND EQUIVALENCY $110.00 PER TEST FRACTURE $80.00 PER TEST LA WEAR $275.00 PER TEST DEGRADATION $200.00 PER TEST DIRECT EXPENSES EXPENSE UNIT COST MILEAGE $0.54 PER MILE MONTHLY INVOICES The Agency will disallow all or part of any claimed cost, which is not adequately supported by documentation. Consultant invoices shall include the following information: • Name of each employee that worked on the project in the billing period • Each employee's job classification • Each employee's hours worked • Each employee's hourly wage rate • The total wages paid each employee • A description of the work completed by each employee • Copies of all direct expense invoices or bills • Mileage charges will be supported by departure and arrival odometer readings for all vehicles used for the billing period work. 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Rick Tollefson Memorial Trail, Phase I Co. Rd. No. 850100, CR1815 Statement of Issue: Professional Services Agreement with Krazan Et Associates, Inc. of Poulsbo, WA. for providing Materials Testing and Inspection services for the Rick Tollefson Memorial Trail, Phase I project. Analysis/Strategic Goals/Pro's Et Con's: This project is included in the 2017-2022 Transportation Improvement Program and the 2017 Annual Construction Program as Item No. 5. The purpose of Phase I of this project is to create a new multi -use non -motorized trail crossing Chimacum Valley between HJ Carroll Park and Old Hadlock Road. This agreement will provide Materials Testing and Inspection services by Krazan Et Associates, Inc. for the Construction Engineering phase. Public Works staff used a consultant selection process to select this consultant from the MRSC Consultant Roster as the most highly qualified consultant for this project. Fiscal Impact/Cost Benefit Analysis: The maximum amount payable for consultant services under this Professional Services Agreement is $8,849.40, to be paid from local road funds. Recommendation: The Board is asked to execute the three (3) originals of the Professional Services Agreement with Krazan Et Associates, Inc., and return two (2) signed originals to Public Works (attn. John Wayand). Department Contact: John Wayand, Project Manager, 385-9377 ie e B Philip Morle unty Ad ator Date CONTRACT REVIEW FORM 17 -by CONTRACT WITH: Professional Services Agreement with Krazan & Associates, Inc. CONTRACT FOR: Rick Tollefson Memorial Trail, Phase I, TERM: December 31, 2018 18018152 COUNTY DEPARTMENT: Public Works For More Information Contact:John Wayand AiR 2 7 2017 Contact Phone #: 360-385-9377 RETURN TO: Tina RETURN BY: 5-17-2017 (Person in Department) (Da AMOUNT: $8,849.40 PROCESS: Fund: 180-000-010 Revenue: Local Funds Expenditure: 595.00.41 Matching Funds Required: No Sources(s) of Matching Funds Step 1: REVIEW Review by: Date Reviewed: APPROVED FORM Comments Step 2: REVIEW BY PRO Review by: Date Reviewed: APPROVED AS TO FORM Comments Exempt from Bid Process X Consultant Selection Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ Other Returned for revision (See Comments) ATTORNEY Mor Philip C. Hunsucker Chief Civil Deputy Prosecutor Returned for revision (See Comments) Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 8 copies of Contract, Review Form, and Agenda Bill to BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 5 p.m. TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.)