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Home My WebLink AboutDelete (2) City 01` fort 'l'ownselld SERVICE'S A(I'lREEMENT 1. Contract Tittle: Construction Management Sidewalk Lid and Utility hltprovcment Project 2. Parties: City of Port Townsend, a Washington rnunicipal corporation(hercinafter, dre "City"), and Shea, Cain, Jewell, Inc., (hereinafter, "Consultant"). 3. Total Amount: Not to Exceed $115,750.00 4. Date of Contract: _MR��Ct f i , 2012 THIS AGREEMENT is entered into between the above named PARTIES as follows: 1. Services and Performance by Consultant. The Consultant shall provide construction management, civil, structural urban, architectural, geotechnical design and historic architecture and hazardous material construction support, of the Sidewalk Lid and Utility Improvement Project as described in the scope of services (Exhibit A). 2. Payment by the City. For services rendered by Consultant, the City sliall provide by payment a total amount not to exceed One Hundred Fifteen Thousand, Seven Hundred Fifty Dollars ($115,750.00) the amount set forth above for services provided in this Agreement and detailed in Exhibit B. 3. Term and Completion of Work. This Agreement shall remain in effect until completion of the services described in Exhibit A and final payment has occurred, unless terminated in accordance with this Agreement. Work shall not commence until City provides Consultant with written notice that to proceed. In no event shall Consultant proceed until Consultant has provided insurance as required by this Agreement. All work shall be completed by June 30, 2012. 4. Insurance Requirements. Consultant shall take out and maintain insurance as set forth in Exhibit C. 5. General Terms A. Payment Schedule and Terms 1. The project fee for this Agreement is a sum not to exceed the amount set forth on page 1 of this Agreement for all services performed and expenses incurred under this Agreement. 1 Shea,Carr Jewell Sidewalk Lid and Utility Improvement Project Construction Management 2. The project fee includes direct labor costs, overhead costs, and direct (expense) costs, including materials, supplies, equipment, costs for travel, reproduction costs and telephone, facsimile and computer use incurred dururg the billir►g period. 3. The Consultant shall nrai►stain time and expense records and provide them not more frequently than monthly to the City, along with invoices in a fora►at acceptable to the City for work performed to the date of invoice. Consultant shall provide progress reports, scheduling and completion information on request of the City. 4. Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by the City's representative for three (3) years after tidal payment. Copies at no charge shall be made available upon request. 5. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. B. Termination. The City may terminate this Agreement at any time for any reason upon giving at least 10 days notice in writing to Consultant. For cause (including, failure to perform), the City may terminate this Agreement immediately. Consultant will be paid just and equitable compensation as provided in Paragraph 2 for any satisfactory work completed prior to the date of termination. C. Indemnification and Hold Harmless. 1. Consultant shall indemnify, defend and hold hannless the City, its officers, agents, employees, and volunteers, from and against any and all claims, demands, damages,judgments, losses, liability and expense (including, attorney's fees), including but not limited to those for personal injury, death or property damage suffered or incurred by any person, by reason of or in the course of performing this Agreement which is or alleged to be caused by or may directly or indirectly arise out of any act or omission of Consultant, its officers, employees, agents and volunteers. This Agreement shall also include all costs and attorney's fees incurred by the City in defending the same. 2. The City shall indemnify, defend and hold harmless Consultant, its officers, agents, employees, and volunteers, from and against any and all claims, demands, damages, judgments, losses, liability and expenses (including attorney's fees), including but not limited to those for personal injury, death or property damage suffered or incurred by any person, by reason of or in the course of performing this Agreement which is or alleged to be caused by or may directly or indirectly arise out of any act or omission of the City, its officers, employees, agents and volunteers. This Agreement shall also include all costs and attorney's fees incurred by Consultant in defending the same. 2 Shea,Carr Jewell Sidewalk Lid and Utility Improvement Project Construction Management 3. The parties, by mutual negotiation, waive, as respects the other party, ally immunity that would otherwise be available against such claims under industrial insurance provisions of Title 51 RCW D. No Partnership. It is understood and agreed that nothing contained in this Agreement shall be considered as in any way constituting a partnership between the City and Consultant. E. Independent Consultant. The Consultant is, and shall be at all times during the term ol'this Agreement, an independent: consultant and not an employee of the City. "I'll(, parties fully understand the nature of independent consultant status and intend to create an independent consultant relationship. The Consultant, and not the City, shall have the right to control the manner and means by which the work or services is accomplished. The City shall retain the right, however, to ensure that the work or services is being perl:ormed according to agreed-upon requirements. Consistent with this relationship, Consultant shall not be covered by any City benefit programs, such as health and welfare benefit plans, social security, workers compensation or unemployment compensation, and slialI not be treated as all cniployce for federal or state tax purposes or any other purpose. Consultant shall be responsible for paying all taxes related to payments City makes to Consultant, including federal income taxes, self employment (Social Security and Medicaid) taxes, local and state business and occupation taxes, and the City is not responsible for withholding for or paying any of those taxes. F. Non-discrimination. Consultant and its employees, agents and subconsultatits, if any, shall at all times comply with any and all federal, state or local laws, ordinances, rules or regulations with respect to non-discrimination and equal employment opportunity, which may at any time be applicable to the City by law, contract or otherwise, including but not limited to all such requirements which may apply in connection with employment or the provision of services to the public. G. Compliance with all applicable laws. Consultant shall at all times in connection with performance of this Agreement, comply with any and all other applicable federal, state and local laws, rules, ordinances and regulations. H. Notices. All notices shall be delivered personally or may be mailed by certified mail, return receipt requested, to the other party as their address appears of record with the City or State. In the case of notice by mail, notice shall be deemed given on the date of postmark. 1. Ownership of Documents. All work products, papers, notes, memoranda, correspondence, drawings, specifications, reports, and other documents and records of any sort produced, received, held or maintained in conjunction with the performance of this Agreement by the Consultant shall be and are the exclusive property of the City, except that the Consultant may use such materials to assist other public agencies. Upon request of the City, or upon completion of any of the services provided for in this Agreement, or upon termination of this Agreement for any 3 Shea,Carr Jewell Sidewalk Lid and Utility Improvement Project Construction Management reason, the Consultant shall deliver to the City, machine-reproducible in Iorimit acceptable to the City copies of any and all such materials. J. Nonwaiver. Any failure by the City to enforce strict perCornnince of any proviso of this Agreement will not constitute a waiver of the City's right to Subse(1L1c1)1ly e111<01-ce such provision or any other provision of this Agreement K. Severability. If any term or provision of this Agreement is held invalid, the remainder of such terms or provision oaf this Agreement shall not be affected, il'such remainder would tlicn continue to conform to the terms and requirements of applicable law. L. Legal Fees. In any lawsuit between the parties with respect to matters covered by this Agreement, the prevailing party will be entitled to receive its reasonable attorney fees and costs n the lawsuit, in addition to any other relief that may be awarded. M. Applicable Law; Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. The venue of any action shall be in the Superior Court of Jefferson County. N. Assignment or Delegation. Consultant shall not assign any of its rights or interest in this Agreement, nor delegate any of its duties hereunder to any other person, firm or entity without the express written consent of the City first being obtained. O. Modification. No modification of this Agreement shall be effective unless agreed to in writing and signed by the Parties. P. Complete Agreement. This Agreement together with the Attachments reflects the entire agreement of the parties relating to the subject matter thereof, supersedes all prior or contemporaneous oral or written agreements, or any understandings, statements, representation or promises, and is intended fully to integrate the agreement between the parties with respect to the matters described in this Agreement. Q. Other Terms. Additional Terms (if any) are set forth in an Attachment that will be numbered Attachment 3, and initialed and dated by the parties. 4 Shea,Carr Jewell Sidewalk Lid and Utility Improvement Project Construction Management IN WITNESS WHEREOF, the City of Port Townsend and Consultant have executed this Agreement. THE CITY OF PORT TOWNSEND, CONSULTANT Washington municipal corporation Shea, Carr, Jewell, Inc. E° By: By: David G. Ti mons, City Manager �liJ�%'�✓ , Title Mailing Address: 2102 H Carriage Dr. Olympia, WA 98502 Date: N1 hf\(.N Q- , 2012 Date: /z °Z/) , 2012 Attest: Approved as to form: f `Y Pamela Kolacy, MMC, City Clerk , John P. Watts, City Attorney 5 Shea,Carr Jewell Sidewalk Lid and Utility Improvement Project Construction Management EXHIBIT A SCOPE OF WORK Sidewalk Tunnel Lid Replacement Project Port'rownsend,WA Prepared for: Dave Peterson,P.E.,City Engineer City of Port Townsend Prepared By: Perry Shea,1'.E.,Principal Scott Sawyer,P.E.,Senior Project Manager Date prepared: February 7,2012 Overview The purpose of this amendment is to add scope and budget for providing support during construction, including providing a construction manager for approximately nine weeks. Services and/or Materials Provided by the City The City will provide the following services and/or materials: f Concrete sample from the lid at Building 22 for lead paint testing. Phase 1 Construction Manager Task I Construction Manager 1) Construction Manager:Provide a construction manager for nine weeks starting March 5,2012 and ending Maya,2.012. Phase I Understandiny V lodging and meals will be charged as per diem rates for the actual number of days spent on site (approximately 5 per week for 9 weeks). Phase I Detiverables • None. Sidewalk Tunnel Lid Replacement Page I City of Port Townsend 6 Shea,Carr Jewell Sidewalk Lid and Utility Improvement Project Construction Management Shad C""lewell 1-00,l(A-Scope of Wo,k lebruoty 7,2012 Phase 2 Civil Design Construction Support Task 1 Civil Design Construction Support 1) Civil Design Construction S(tpport:Provide construction support m directed by the City, including;shop drawing,submittal review,response to requests for information,field design changes,and/or change order review. 2) Weekly Construction Meeting: Attend the weekly construction Meeting as it represontative of the design team. Phase 2 Understanding • Support services will be provided only as directed by the City. The budgeted amount is an estimated allowance for providing services as directed. • The weekly construction meeting will be attended by one consultant team member—one week in person and one week by conference call. "the budgeted amount excludes the nine weeks during services for Phase 20—Construction Manager. Budi;et includes 5 on-site meetings and 5 conference call meetings. Phase 2 Deliverables • None. Phase 3 Structural Design Construction Support Task 1 Structural Design Construction Support 1) Civil Design Construction Support:Provide construction support as directed by the City, including;shop drawing,submittal review,response to requests for information,field design changes,change order review,and/or field observation of structures work in the tunnel areas. Phase 3 Understanding • Lodging and meals will be charged as time and materials. Phase 3 Deliverables • None. Phase 4 Urban Design Construction Support Task I Urban Design Construction Support 1) Urban Design Construction Support:Provide construction support as directed by the City, including;shop drawing,submittal review,response to requests for information,field design changes,change order review,and/or field observation of flatwork scoring. Phase 4 Understanding ® Lodging and meals will be charged as time and materials. Sidewalk Tunnelled Replamn,,t .. Pogo.2 City of Pod Townsend 7 Shea,Carr Jewell Sidewalk Lid and Utility Improvement Project Construction Management Shea CnrrJeweli Ishibll A--Scope o/Work February 7,2.012 Phase 4 Deliverables • None. Phase 5 Architectural Design Construction Support Task 1 Architectural Design Construction Support 1) Architectural Design Construction Support:Provide construction support as directed by the City, including;shop drawing,submittal review,response to request's for information,field design changes,change order review,and/or field observation of relite work, Phase 5 Understanding • Lodging and meals will be charged as time and materials. Phase 5 Deliverables • None. Phase 6 Geotechnical Design Construction Support Task I Geotechnical Design Construction Support 1.) Geotechnical Design Construction Support:Provide construction support as directed by the City, including;shop drawing,submittal review,response to requests for information,field design changes,change order review,and/or field observation of micopile testig. Phase 6 Understanding • Lodging and meals will be charged as time and materials. • Three separate trips are budgeted for observation of micro pile testing. Phase 6 Deliverables • Written report summarizing field testing of piles delivered in PDF format via email. Phase 7 Historic Architecture Construction Support Task 1 Historic Architecture Construction Support 1) Historic Architecture Construction Support:Provide construction support as directed by the City, including;coordination with DAHP,response to requests for information,field design changes, change order review,and/or field observation of work related to historic buildings. Phase 7 Understanding • Lodging and meals will be charged as time and materials. Phase 7 Deliverables • None. Sidewalk'Funnel[id Repl acement »,^..^ .��.___,.. .__—��.,.........._.._..._._......_,.., Page 3 City of port Townsend 8 Shea,Carr Jewell Sidewalk Lid and Utility Improvement Project Construction Management EXI MIT B Labor Hour Estinnato Shea Carr Je"'Vell City of Port Townson(] Sidewalk Tunnel Lid Replacement 11foloct 0699,02 File H: Perry Jean Pony Scott: Manuel Lane Mitt Allssa $208 $I Q!, $160 $1.90 $1113 $.I 01i $90 $95 Phase I-Construction Managor Task I-Conshuctlon Manager Construction Manager 36010 160.0 111181 no i s 360.0 360.0 FI I loN'l 0oll"": $68,400 $60,400 Phase 2-Civil Design Construction support Task I-Civil O-lgn Cnst,-tion Support Civil Design Construction Support 40.0 20.0 it().() t2e 152,0 111-w 2 lot.]1W.— 40.0 20.0 fill 0 12.0 152.0 m,i-t 2 rnt,,j iwi—: $2,161) $fj',too $111110 $191500 Phase 3-Structural Design Construction support(PCs) ----------- Phase 4•Urban Design Construction Support(Mitclxod Rocker Oil Phase 5-Architectural Design Construct] Support(m D) Phase 6-Gootechnical Design Construction Support(Landau) Phase 7-Historic Architecture Construction support(Artifacts) Phase 8-Hazardous Material Construction support(RGA) 2. 512.0 - $2,360 —4-112 20.o J—-----g — In " At 1.Phases Total Dollars: $8 400 1,110 $87,900 Shea G—Je-11 i of 1 2/1/2012 9 Shea,Carr Jewell Sidewalk Lid and Utility Improvement Project Construction Management t 1 ! ! v°.�° o u l� �', o l„ � i n v; o pw• in r' ,ro' tv iv v <a N_ 'm N' i ! i i v I 11I o N °!o IO jO S S aI NI N i E I plo i „�to I Ip I 1 i e a o :o ol�u°, 0 j N n vl N. h, i to p a; rtl m o; W L NI W! Wei N t/1 N. ; N V+i hl M N N! 1 N ! o p o 2n E I- c ffi 0 < m s D of t oIw n nib — y v .. bo a v o ( c u F ! 10 Shea,Carr Jewell Sidewalk Lid and Utility Improvement Project Construction Management .2 S 1 3 12 ® E q A 2 LU ƒ ) ( k { \ - \ 2 2 { / : ) , � � \ \ \ � k v 16 10 t E 12 \ \) / a \ �}}\ } } \ \\ Jame \t6 Shea,Carr Jewell Sidewalk Lid and Utility Improvement Project Construction Management INSURANCE REQUIREMENTS 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 o►- in connection with the performance of the work hereunder by the Const.iltant, its agents, rcpresentatives, employees or subconsultants. The Consultant shall provide a.Certificate of Insuurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident f=or 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/competed operations; broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability. 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 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 Consultant's insurance shall be primary insurance as respect the City and the City shall be given thirty days prior written notice of any cancellation, suspension or material change in coverage. 12 Shea,Carr Jewell Sidewalk Lid and Utility Improvement Project Construction Management 0----- CITY OF PORT TOWNSEND ENCUMBERED CONTRACT REQUISITION (YRMMDD) Request Date: 24-Feb-12 VENDOR: Shea, Carr Jewell -' - Amounf LUd9k dfor<arrentcaleadar fnsurance, Sales7ax PUND: Contract period year . General 6/30/2012 Yes/ No $ AMENDME NIT U* CRtPTION BARS CODE pM Cede AMOUNT TOTAL DUE.. comwerea Sidewalk Lid&Utility City Share 305 950 595 610.63 1045 2S,950.00 ,. € Water&Taylor St Sidewalk Repair&Tunnels 305.950.595.610 63 1065 42 400 00 $115,750.00 East Business District Tunnel Lids 305 950.595.610.63 1070 47,400.00 £ _ms °�_ ( 0.00 .w. a ` � t i € i z ____� _ _ __.__ �_ __ ,_...._ ___ �_ __ } I 3;._.,.. $0.00 q _. .. ,---------------,,,,,,,,,,,,,,,,,,, .. $0.00 E r 5 p ...__.__.�. . .,, m.....__. .... ...._._ _.._... ___ .... .. ..... . ... ._.._ ._.. _,..,, a $0.00 6 _._..... $0.00 r-- � I i _.._ _,_ .,.. 7 ._ $0.00 i g $0.00 E � 10,. $0.00 ..........___ i Council Approval: ❑X Not Required Yes Date Approved: Subtotal: $115,75000 1,1r,b'§!iousAme'An?mentS: aitrny) i SUBMITTED BY: Kara Rogers TOTAL ENCU ,44E ED: $115,750.00 i d 7ortinanceveparTmenpusevniv Encumbered by: ` /Y �`�~f Date: Project Budget for year: Budget Reviewed. Date: Paid out YTD: Notes: Encumbered: This Request: ll Total Remaining: FORWARD COMPLETED DOCUMENTS TO JOANNA SANDERS