HomeMy WebLinkAboutNational Plant Services, Inc. AG-C-514 AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-514
THIS AGREEMENT made and entered into by and between the CITY OF
AUBURN, a Washington Municipal Corporation ("CITY") and National Plant Services,
Inc., whose address is 1461 Harbor Avenue, Long Beach, CA, 90813
("CONSULTANT.")
In consideration of the covenants and conditions of this Agreement, the parties
agree as follows:
1. SCOPE OF WORK.
See Exhibit A.
2. TERM.
The CONSULTANT shall not begin any work under this Agreement until
authorized in writing by the CITY. All work under this Agreement shall be completed by
December 31, 2019 and can be amended by both parties for succeeding years.
The established completion time shall not be extended because of any delays
attributable to the CONSULTANT, but may be extended by the CITY in the event of a
delay attributable to the CITY, or because of unavoidable delays caused by conditions
beyond the control of the CONSULTANT. A supplemental Agreement to extend the
established completion time must be signed before original completion date.
3. COMPENSATION.
Compensation will be on a time and material basis, not to exceed $399,100.00, which
includes a Management Reserve Fund amount of $103,000. Invoices will be based on
the attached fee schedule (Exhibit B). Expenditure of Management Reserve Funds must
be authorized by the CITY as set forth in Section 4 of this Agreement.
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If services are required beyond those specified in the Scope of Work, and not
included in the compensation listed in this Agreement, a contract modification must be
negotiated and approved by the CITY prior to any effort being expended on those
services or work shall be authorized in writing under the Management Reserve Fund as
detailed in Section 4, if a Management Reserve Fund has been established by this
Agreement.
4. MANAGEMENT RESERVE FUND.
The Management Reserve Fund established in Section 3 of this Agreement, if
any, has been established to provide flexibility of authorizing additional funds to the
Agreement for allowable unforeseen costs, or reimbursing the CONSULTANT for
additional work beyond that already defined in this Agreement. Such authorization(s)
shall be in writing, prior to the CONSULTANT expending any effort on such services
and shall not exceed the amount established in Section 3 of this Agreement.
5. SUBCONTRACTING.
The CONSULTANT shall not subcontract for the performance of any work under
this AGREEMENT without prior written permission of the CITY. No permission for
subcontracting shall create, between the CITY and subcontractor, any contract or any
other relationship.
Compensation for any subconsultant work is included in Section 3 of this
Agreement and all reimbursable direct labor, overhead, direct non-salary costs and
fixed fee costs for the subconsultant shall be substantiated in the same manner as
outlined in Section 3. All subcontracts shall contain all applicable provisions of this
AGREEMENT.
6. RESPONSIBILITY OF CONSULTANT.
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The CONSULTANT is responsible for the professional quality, technical
accuracy, timely completion and the coordination of all studies, analysis, designs,
drawings, specifications, reports and other services performed by the CONSULTANT
under this Agreement. The CONSULTANT shall, without additional compensation,
correct or revise any negligent errors, omissions or other deficiencies in its plans,
designs, drawings, specifications, reports and other services required. The
CONSULTANT shall perform its services to conform to generally-accepted professional
engineering standards and the requirements of the CITY.
Any approval by the CITY under this Agreement shall not in any way relieve the
CONSULTANT of responsibility for the technical accuracy and adequacy of its services.
Except as otherwise provided in this Agreement, neither the CITY'S review, approval, or
acceptance of, nor payment for, any of the services shall be construed to operate as a
waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement to the full extent of the law.
7. INDEMNIFICATION/HOLD HARMLESS.
The CONSULTANT shall defend, indemnify and hold the CITY, its officers,
officials, volunteers, and employees harmless from any and all claims, injuries,
damages, losses, or suits, including attorney fees, arising out of or resulting from the
acts, errors or omissions of the CONSULTANT in performance of this Agreement,
except for injuries or damages caused by the sole negligence of the CITY.
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
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CONSULTANT's liability, including the duty and cost to defend, under this Agreement
shall be only to the extent of the CONSULTANT's negligence. The CONSULTANT
specifically and expressly agrees that this indemnification includes the CONSULTANT'S
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of
this indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this Agreement.
8. INDEPENDENT CONTRACTOR/ASSIGNMENT.
The parties agree and understand that the CONSULTANT is an independent
contractor and not the agent or employee of the CITY and that no liability shall attach to
the CITY by reason of entering into this Agreement except as otherwise provided in this
Agreement. The parties agree that this Agreement may not be assigned in whole or in
part without the written consent of the CITY.
9. INSURANCE.
CONSULTANT shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damage to property that may arise
from or in connection with the performance of the work hereunder by the
CONSULTANT, its agents, representatives, or employees.
CONSULTANT'S maintenance of insurance as required by the Agreement shall
not be construed to limit the liability of the CONSULTANT to the coverage provided by
such insurance, or otherwise limit the City's recourse to any remedy available at law or
in equity.
CONSULTANT shall obtain insurance of the types and in the amounts described
below:
a. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles, with a minimum combined single limit for bodily injury and
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property damage of $1,000,000 per accident. Coverage shall be written on
Insurance Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
b. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, and personal injury and advertising injury, with limits
no less than $1,000,000 each occurrence, $2,000,000 general aggregate.
The CITY shall be included as an additional insured under the
CONSULTANT'S Commercial General Liability insurance policy with respect
to the work performed for the CITY using the applicable ISO Additional
Insured endorsement or equivalent.
c. Worker's Compensation coverage as required by the Industrial Insurance
laws of the State of Washington. If the consultant is a sole proprietor, the
parties agree that Industrial Insurance would be required if the
CONSULTANT had employees. However, the parties agree that a
CONSULTANT who has no employees would not be required to have
Worker's Compensation coverage.
d. Professional Liability insurance appropriate to the CONSULTANT'S
profession, with limits no less than $1,000,000 per claim and $1,000,000
policy aggregate limit.
The insurance policies are to contain, or be endorsed to contain, the following
provisions:
a. The CONSULTANT'S Automobile Liability and Commercial General Liability
insurance coverage shall be primary insurance as respects the CITY. Any
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insurance, self- insurance, or insurance pool coverage maintained by the
CITY shall be excess of the CONSULTANT'S insurance and shall not
contribute with it.
b. The CONSULTANT shall provide the Public Entity with written notice of any
policy cancellation within two business days of their receipt of such notice.
All insurance shall be obtained from an insurance company authorized to do
business in the State of Washington. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A:VII.
The CONSULTANT shall furnish the City with certificates of insurance and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance coverage required by this
section, before commencement of the work. The CITY reserves the right to require that
complete, certified copies of all required insurance policies be submitted to the CITY at
any time. The CITY will pay no progress payments under Section 3 until the
CONSULTANT has fully complied with this section.
Failure on the part of the CONSULTANT to maintain the insurance as required
shall constitute a material breach of contract. The CITY may, after giving five business
days' notice to the CONSULTANT to correct the breach, immediately terminate the
contract or, at its discretion, procure or renew insurance and pay any and all premiums
for that insurance. If the CONSULTANT does not repay the premiums on request of the
CITY, the CITY will offset those costs against funds due the CONSULTANT from the
CITY.
If the CONSULTANT maintains higher insurance limits than the minimums shown
above, the CITY shall be insured for the full available limits of Commercial General and
Excess or Umbrella liability maintained by the CONSULTANT, irrespective of whether
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such limits maintained by the CONSULTANT are greater than those required by this
contract or whether any certificate of insurance furnished to the CITY evidences limits of
liability lower than those maintained by the Consultant.
10. NONDISCRIMINATION.
The CONSULTANT will not discriminate regarding any services or activities to
which this Agreement may apply directly or through contractual, hiring, or other
arrangements on the grounds of race, color, creed, religion, national origin, sex, sexual
orientation, age, or where there is the presence of any sensory, mental or physical
handicap.
11. OWNERSHIP OF RECORDS AND DOCUMENTS.
The CONSULTANT agrees that all drawings, computer discs, documents,
records, books, specifications, reports, estimates, summaries and such other
information and materials as the CONSULTANT may have accumulated, prepared or
obtained as part of providing services under the terms of this Agreement by the
CONSULTANT, shall belong to and shall remain the property of the CITY OF AUBURN.
In addition, the CONSULTANT agrees to maintain all books and records relating to its
operation and concerning this Agreement for a period of six (6) years following the date
that this Agreement is expired or otherwise terminated. The CONSULTANT shall allow
the CITY to inspect all documents held by the CONSULTANT and relating to this
Agreement upon good cause at any reasonable time within the six (6) year period. The
CONSULTANT also agrees to provide to the CITY, at the CITY'S request, the originals
of all drawings, documents, and items specified in this Section and information compiled
in providing services to the CITY under the terms of this Agreement.
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12. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND
OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS.
The CONSULTANT certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding the effective date of this
Agreement been convicted of or had a civil judgment rendered against them
for commission or fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state, or local)
transaction or contract under a public transaction; violation of federal or state
antitrust statues or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving
stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the
offenses enumerated in paragraph "(b)" of this certification; and
(d) Have not within a three-year period preceding the effective date of this
Agreement had one or more public transactions (federal, state, or local)
terminated for cause or default.
13. TERMINATION OF AGREEMENT.
This Agreement may be terminated by either party on twenty (20) days written
notice to the other party. In the event of termination due to the fault of other(s) than the
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CONSULTANT, the CONSULTANT shall be paid by the CITY for services performed to
the date of termination.
Upon receipt of a termination notice under the above paragraph, the
CONSULTANT shall (1) promptly discontinue all services affected as directed by the
written notice, and (2) deliver to the CITY all data, drawings, specifications, reports,
estimates, summaries, and such other information and materials as the CONSULTANT
may have accumulated, prepared or obtained in performing this Agreement, whether
completed or in process.
14. GENERAL PROVISIONS.
14.1. This Agreement shall be governed by the laws, regulations and ordinances
of the City of Auburn, the State of Washington, King County, and where applicable,
Federal laws.
14.2. All claims, disputes and other matters in question arising out of, or relating
to, this Agreement, except with respect to claims which have been waived, will be
decided by a court of competent jurisdiction in King County, Washington.
14.3. If any dispute or conflict arses between the parties while this Agreement is
in effect, the CONSULTANT agrees that, notwithstanding such dispute or conflict, the
CONSULTANT shall continue to make a good faith effort to cooperate and continue
work toward successful completion of assigned duties and responsibilities.
14.4. The CITY and the CONSULTANT respectively bind themselves, their
partners, successors, assigns, and legal representatives to the other party to this
Agreement with respect to all covenants to this Agreement.
14.5. This Agreement represents the entire and integrated Agreement between
the CITY and the CONSULTANT and supersedes all prior negotiations, representations
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or agreements either oral or written. This Agreement may be amended only by written
instrument signed by both the CITY and the CONSULTANT.
14.6. All costs of enforcement, including reasonable attorney's fees, expenses
and court costs shall be paid to the substantially prevailing party.
14.7. The CONSULTANT agrees to comply with all local, state and federal laws
applicable to its performance as of the date of this Agreement.
14.8. If any provision of this Agreement is invalid or unenforceable, the
remaining provisions shall remain in force and effect.
14.9. This Agreement shall be administered by Michelle Beason, PE, on behalf
of the CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the
CITY. Any written notices required by the terms of this Agreement shall be served on or
mailed to the following addresses:
City of Auburn National Plant Services, Inc.
Attn: Robert Elwell, PE Attn: Dennis Keene, President
25 W Main Street 1461 Harbor Avenue
Auburn WA 98001 Long Beach CA 90813
Phone: 253-931-4008 Phone: 925-262-7366
Fax: 253-931-3053 Fax: 510-291-3142
E-mail: relwell@aubumwa.gov E-mail: dennis@nationalplant.com
14.10. All notices or communications permitted or required to be given under this
Agreement shall be in writing and shall be delivered in person or sent by regular United
States mail, postage prepaid.
Any party may change their address by giving notice in writing to any other party.
14.11. This Agreement may be executed in multiple counterparts, each of which
shall be one and the same Agreement and shall become effective when one or more
counterparts have been signed by each of the parties and delivered to the other party.
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CITY OF AUBURN
)Ctk4
Nancy Ball, Mayor
Date Q ' ' ' ( 1
APPROVED AS TO FORM:
-Steve Gross, City Attorney
National Plant Services, Inc.
BY: 494kt.,
Title: PP-1,516gh
Federal Tax ID# 310a-6 47a,2)
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EXHIBIT A
SCOPE OF WORK
Task 1: Requirements Prior to Inspections
The Consultant shall be responsible for providing the following services prior to
conducting the inspection work.
Task 1.1 Attendance of Pre-construction Meeting
The Consultant shall attend a pre-construction meeting with City staff within 10
days of issuance of the Notice to Proceed. Agenda items will include project
schedule and procedures,temporary facilities and control,and Consultant
coordination.
Consultant will:
1. Provide all information in a timely manner as requested by City.
2. Coordinate and Schedule pre-construction meeting with City staff within 10 days of
NTP.
3. Prepare preliminary Deployment Plan based on field reconnaissance.
4. Update project schedule including milestones.
5. Prepare Project Summary document that describes the project details including
schedule, scope of work, notifications, traffic control, communications tree, and roles and
responsibilities of Consultant and City staff. Review at Pre-construction meeting and edit
as needed.
6. Attend in-person meeting at City offices to review all information above.
City of Auburn Staff are Responsible for:
1. Coordinating with Consultant on submittals necessary to obtain NTP.
2. Attend pre-construction meeting and answer questions from Consultant.
3. Review deployment plan and schedule and give approvals of the content in these
documents.
4. Assist with private property owner or easement gate access, if needed.
Task 2: Perform Inspection and Condition Assessment of Sewer Interceptors
The Consultant shall be responsible for performing inspections and condition
assessments for all sewer interceptors identified on the project. The Consultant is
required to inspect the pipe condition by closed circuit television (CCTV). CCTV
inspections work shall be completed by certified National Association of Sewer
Service Companies (NASSCO) Pipeline Assessment and Certification Program
Exhibit A
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(PACP) trained operator(s) using established PACP coding and observation.
Consultant will perform the following tasks in accordance with this Task:
Mobilization:
1. Mobilize to the project location within 2 weeks after permitting is obtained and
deployment planning is complete.
2. Mobilize the CCTV Truck and a winch truck to the jobsite with 3 confined space
trained crew personnel.
3. Once the crew mobilizes, they will stay on site until all work is complete.
Work Phasing:
1. A work plan will be developed that coincides with the MS Project Deployment
Schedule. We will inspect as much footage as possible each day.
2. Deployment plans will be developed to avoid manholes that are inaccessible, or in
high traffic or environmentally sensitive areas.
3. Traffic plans will be developed to incorporate these deployment plans/setups. A local
traffic company will be used for major traffic control setups on the busier roads.
4. For high flow segments, inspection work on those segments will be scheduled at the
end of the project. All mains with high flow levels will be inspected at night to ensure
the best CCTV results are achieved.
•
Safety:
1. Safety is of utmost importance to NPS. Although we don't anticipate manhole entry
in normal situations, all crews are confined space certified. Gas monitoring is
performed before complete removal of the manhole lid. A gas monitor is lowered
into the manhole on a tethered line and will remain there during all operations.
2. Crews hold safety meetings each morning, and a safety checklist is filled out
describing the potential hazards that may be encountered each day.
3. Traffic signs and cones will be placed before start of any inspections, with the back of
the truck adjacent to the entry manhole. Major traffic control will be performed by a
local traffic subcontractor.
Inspections/Assumptions:
1. Inspections will be performed while the segments are in service,with no flow
bypassing.
2. Inspections will proceed from the most upstream line segment and will proceed from
one manhole to the next. Our trucks have 2000 LF of cable, and we will try to inspect
as far as we can from each entrance manhole to minimize traffic setups and maximize
the inspection footage obtained each day. Crews can inspect approximately 2,000 LF
per day in roadways,however, production rates can be limited by: Obstructions,
debris levels,high flow levels, extensive traffic control setups, weather, etc.
3. Crews will inspect 2,000 LF of pipe per day. If unusual conditions, such as excess
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debris, high flow conditions, access problems, or scheduling restrictions required by
the City for traffic purposes, additional contingency (management reserve) funds may
be authorized.
4. For lines with shallow water and little debris, we will use our tracked platform for the
CCTV inspections.
5. For lines with deep water, the floating pontoon will be used. A tag line will be
floated down from upstream manhole to downstream manhole, retrieved, and attached
to the winch truck. The pontoon will then be attached to the tag line and pulled from
upstream to downstream manhole. CCTV only will be collected.
6. If flow levels are too high for the floating pontoon, we will reschedule inspection of
those lines until night-time so lower flows can be achieved.
7. If flows are low, and debris levels block the progress of our tractor, cleaning will
need to be performed prior to another inspection attempt. NPS has included a
cleaning contingency in the project cost sheet.
8. The raft or tractor will move downstream at no faster than 30 feet per minute. CCTV
will be PACP coded using PACP-certified software using a live pan and tilt camera
and following NASSCO CCTV inspection guidelines.
9. After the first day of inspections, a flash drive will be provided to the City to make
sure the City approves the video quality and PACP Header information, etc.
Data:
1. PACP coding is done in the field during all inspections. CCTV data is sent via hard
drive in weekly batches to our office for QA/QC. Any coding issues or errors will be
fixed. Any unacceptable video will be flagged, and the crews asked to re-televise
those line segments.
2. NPS will continuously QA/QC, compile, and review/analyze inspection results as the
work progresses, and the results are processed.
City Responsibilities:
1. Review CCTV data from first day of inspections and confirm to NPS Crew within
one day that the CCTV header fields are as desired.
2. Assist with locating manholes that are buried or on private property or easements.
3. Assist with property owner notifications and provide any access keys to gates that
will be used to access manholes that lie in or through private property or easements.
Task 2.1 Weekly Updates/Attendance of Progress Meetings
NPS will provide weekly update summaries for the City showing progress and
work completed, and the starting location for the next week. The Consultant shall
attend progress meetings with City Staff as needed to review work progress,
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schedule and any critical items.
Task 3 Provide Final Comprehensive Inspection and Condition Assessment Report
The Consultant will be required to develop and submit a comprehensive report
summarizing the findings of the condition assessments. Remaining useful life and
repair and maintenance recommendations will also be provided in this report. This
Task shall include the following:
Task 3.1 Submit Draft Comprehensive Report for City Staff Review
Consultant shall submit a draft comprehensive Inspection and Condition
Assessment Report outlining methodology,findings, and recommendations of Task
2.
Consultant will deliver draft report to City staff for review. City will have 2 weeks to
complete this review.
Task 3.2 Response to Draft Comprehensive Report Comments
Consultant shall provide one electronic copy in pdf format addressing all City
comments related to the draft report in Task 3.2.
Consultant will review City comments and the revise report within 3 days.
Task 3.3 Meeting with City Staff to Review Findings and Recommendations
Consultant shall meet with City Staff to summarize and discuss findings,results,
and recommendations.
Consultant shall present final report including all findings and recommendations at a
final review meeting at City offices.
Exhibit A
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EXHIBIT B
FEE SCHEDULE
QUOTE ITEM UNIT #UNITS COST/UNIT AMOUNT
Mobilization LS 1 LS $ 12,000.00
CCTV of Large Diameter Sewers Days 36 $ 5,900.00 $ 212,400.00
CCTV of Sewers-Challenging Access Days 3 $ 5,900.00 $ 17,700.00
Final Engineering Assessment Report LS 1 LS $ 20,000.00
/Project Management
Traffic Control Subcontractor
Traffic Control Plans Sheet 60 $ 150.00 $ 9,000.00
Traffic Control Equipment@ Days 20 TBD $ 25,000.00
Personnel-AGS
Management Reserve Fund Section:
Contingency
Deployment Days, $ 103,000.00
Cleaning and Disposal
Cost Contingency Line
Item
TOTAL $ 399,100.00
TERMS AND CONDITIONS:
Daily Rate-3 person crew plus CCTV truck,winch truck, pickup $ 5,900.00
NPS anticipates inspecting an average of 2,000 LF/working day.Work days will include 8 hours of working
time.
Days are estimated based on the deployment plan.
Traffic Control services to be billed at cost plus 10% ( Company: Advanced Government Services or Traffic
Control Services)
Minor Traffic Control is included in our prices above.Only the major TC will be performed by our
subcontractor
Mobilization of Cleaning Truck @$6,700.00 Lump Sum
Addition of Jet/Vac Truck to crew @ $1,200.00/Day*
*Note: Cleaning truck will be charged for each day it is in Auburn and available to the crew.
Standby Charges:Standby Rate for Inspection Crew is$3,000.00/Day
Standby Charge for Cleaning Truck is$600.00/Day
Exhibit B-Consultant Invoices
Agreement No.AG-C-514
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