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+ Contract Number 4537 +
+ +
+Vendor Name WALKER MACY +
+Subject CONSULTANT - LANDSCAPE ARCHITECTURE/URBAN DESIGN +
+Department ECON DEVEL +
+Status Code PRO +
+ Amount $100000.00 +
+ Begin Date 12/28/2005 +
+ Insurance End Date 03/15/2006 +
+ Type Amount Review Date 02/15/2008 +
+ E&O $1000000.00 +
+ +
+ +
+ Insurance Total $1000000.00 +
+ Insurance Review Date 10/01/2006 +
+ +
+ Comments VAULT 01/01/2008 +
+ +
+ +
+----------------------------------------------~---------------------------+
City of Bremerton / Walker Macy
PROFESSIONAL SERVICES AGREEMENT
The City of Bremerton ("City") and Walker Macy ("Consultant"), referred to collectively
as the "Parties," enter into the following Agreement for professional services:-
I. _ Scope: The Consultant agrees to perform the Scope of Service set forth in attachment A
regarding Design of Harborside Park (Lower Bremerton Harborside Park) and related work as
described. - The compensation includes administrative expenses and costs of travel. Consultant
represents that the services furnished under this Agreement will be performed in accordance with
generally accepted professional practices in effect at the time such services are performed.
II. Term: The City and the Consultant agree that work will begin immediately upon
execution of this Agreement. The parties agree that the work will be completed as part of Phased
development and construction with Design Documents substantially completed by March 15,
2006; provided however, that additional time shall be granted by the City for excusable delays or
extra work.
III. Compens'ation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant hourly fees pursuant to Attachment A not to exceed One Hundred
Thousand Dollars ($100,000) including expenses.
The Consultant shall submit a billing statement detailing work performed and amount
charged on each task or portion thereof. - The descriptions shall conform to and fall within the
categories set out in the Scope of Work. Upon receipt of a conforming billing statement, the
City shall promptly process payment.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of VV ork or amount of compensation is modified pursuant to this
Agreement.- Consultant shall only be compensated for additional services if requested in writing.
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. Such withholding does not relieve
Consultant of its obligations under this Agreement.
IV. Relationship -of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities. within its
field of expertise. Consultant and its personnel are independent Consultants and not employees
of the City. Consultant and its personnel have no authority to bind the City or to control the
City's employees and other Consultants. None of the benefits provided by the City to its
employe~s, mcluding, but not limited to, compensation, insurance, and unemployment insurance
are available from the City to the employees, agents, representatives, or sub-Consultants of the
Consultant. Consultant will be solely and entirely responsible for its acts and for the. acts of
Consultant's agents, employees, representatives and sub-Consultants during the performance of
Bremerton/Walker Macy
~-Harborside Park fl1/20051
Page 1 of 4
this Agreement. The City may, during the term of this Agreement, engage other independent
Consultants to perform the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement.
V. Indemnification: Consultant shall defend, indemnify and hold. the City, ,its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, TO THE EXTENT CAUSED BY
NEGLIGENT ACTS, ERROR, OR OMISSIONS IN THE PERFORMANCE OF THE Contract
by the Consultant, except for that portion of the injuries and damages caused by the City's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN. CONSTITUTES THE CONSULTANT'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE 'MUTUALLY NEGOTIATED THIS WAIVER.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims which may arise . from or in connection with the performance of the
work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-
Consultants as follows:
4. Professional Liability Insurance with limits no less than $1,000,000 limit per
occurrence! claiin.
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. '
B. ,Ownership and Use of Records and Documents: All documents, including all reports,
drawings, specifications, computer software or other items prepared or furnished by Consultant
pursuant to this Agreement, are instruments of service with respect to the project and are the
Bremerton/W alker Macy
Design-Harborside Park f11!20051
Page 2 of4
property of the City. Any reu'se by the City for other than the specific purpose intended will be
at City's sole risk.
C. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are nO other agreements, written or
oral, that have not been set forth in-the text of this Agreement.
D. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect. '
E. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
F. Written Notices: All commUnications regarding this Agreement shall be sent to th~
parties at the addresses listed below by registered orl st class mail, or by personal service, and
shall be deemed sufficiently gIven if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing. .
City of Bremerton
Gary Sexton .
345 6th Street, Suite 600
Bremerton, W A 98337
Walker Macy
Doug Macy ,
111 S.W. Oak, Suite 200
Portland, OR 97204
G. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
',<'.
I. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
,J. Assignment: Any assignment of this agreement by the Contractor without the written
consent of the City shall be void.
VIII. Nondiscrimination: Consultant shall not discriminate in employment or s~rvices to the
public on ,the basis of race, color, national origin, sex, religion, age, marital status;' or disability,
except for employment actions based on bona fide occupational qWllification.,
IX. ,Termination: This Agreement shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
for convenience. This Agreement may be immediately terminated for cause by a Party if the
other Party substantially fails to perlorm through no fault of the terminating Party, and the non-
performing Party does not commence correction of the failure of performance within thirty (30)
BremertonlWalker Macy
Design-Harborside Park ri 1/20051
Page 3 of 4
days of the terminating Party's sending notice to the non-performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work
current through the termination date.
In the event of termination, the City shall pay for all services performed by the Consultant to the
effectiye date oftermination, as described on a final invoice submitted to the City. After
termination, the City may take possession of all records and data within the Consultant's
possession pertaining to this project which may be used by the City without restriction. Any
such use not related to the project which Consultant was contracted to perform shall be without
liability or legal exposure to the Consultant.
~
By: Cary Bozeman
its: Mayor' ,.~
Date: / )..-r~ -o~ r
.-
//
Attorney
R:\LEGAL\Contracts\FORMS\Professional Services Agreement Form (2003).doc
BremertonlWalker Macy
Design-Harborside Park r11120051
Page 4 of 4
CONSULTANT
By:
its:
Date:
ATTACHMENT A
SCOPE OF WORK:
A. OVERVIEW
. Bremerton Harborside Park is divided into the following general areas:
o Harborside Park is composed of the Waterfront Plaza, the Stennis Mast,
the Great Lawn, a Water Feature and the Grand Stairs; all south of
Building 50 with its addition.
o Building 50 Museum and addition, is composed of the Museum
Buildings, Outdoor Galleries, Entry Areas, North Plaza and adjacent
walkway.
o Memorial Plaza: composed of the Outdoor Galleries, a Reunion Square
and a Water Feature, extending from Burwell to FirstStreet, west of
Pacific Avenue.
. Walker Macy will refine the current design in the areas in its scope of work,
meeting a one million dollar construction budget, excluding Wet Water Features.
The documentation will be sufficient to enable a General Contractor to construct
the project.
. Walker Macy's responsibilities within each one ofthe project site areas is as
follows:
o Harborside Park:
· Assist the City to refine the overall design of the park while
incorporating all the elements listed above and below.
· WET Design is developing significant water features, for the park.
Collaborate with WET Design and the City in the refinement of the
water feature dements.
· Work with the City of Bremerton and aJocal stone supplier to
introduce sculptural stone dements throughout
o Building 50 Museum and addition and adjoining grounds
· RDG planning and design team has completed initial design work
for the museum and its surrounding site.
· Walker Macy will collaborate with and provide design input to and
work collectively to the interface design between the museum and
Harborside Park.
o Memorial Plaza:
· Initial design work for the memorial plaza and its surrounding side
walks and street crossings has been completed by RDG and
including ,
· WET water elements for the outdoor galleries and plazas.
· Walker Macy will collaborate and provide design input with the
City, RDG, WET Design and Synergy Construction.
City of Bremerton/Walker Macy
Attachment A Scope of Work
Professional Services Agreement 1112005
lof4
B. SCOPE OF WORK
1.0 Preliminary Design
1.1 Acquire pertinent project information to-date; drawings, illustratives, CAD
files, and applicable correspondence.
1.2 Refme existing design and develop alternatives, site plans, sections/elevations
as needed to describe refined design concepts.
1.3 Coordinate with City, RDG, and WET Design and the General Contractor,
Synergy.
1.4 Based on discussions, provide an initial Design submittal including:
o 'Harborside Park:
· SitelMaterials Plan, including grand stairs, plaza and walkways
· Grading Plan
· Planting Area Plan
· Preliminary design requirements for Stennis Mast - The City will
provide all necessary calculations and detailing of structural
elements. Walker Macy to provide design input.
· SectionslElevations of unique details
· Color rendered site plan suitable for public display and publishing
o Memorial Plaza
· Planting Area and site design recommendations
1.5 Develop preliminary construction cost estimates for review and coinment by
the City. Define project elements to be constructed within the available budget.
1.6 Complete initial work by December 30,2005.
2.0 Final Design
2.1 Meet and coordinate with the City, RDG, WET Design and Synergy in
developing 100% design development document reasonable and appropriate for
construction by Synergy.
2.2 Provide 100% Design Development Submittal. Deliverables:
o Harborside Park:
· Grand Stair Design
· Site PlanlMaterials Plan
· Layout Plan and Design
· Grading Plan
· Planting Plan
· Irrigati9n Design and performance technical specifications
· Site Details
· Technical Specifications adequate and reasonable for the General
Contractor, Synergy, to construct all aspects of the Harborside
Park
2.3 Prepare cost estimate - Synergy will be available to provide constructability
reviews and cost estimates.
2.4 Meet with City and Team to review 100% Design Development Package,
confirm construction budget and approach, review costs, and obtain fmal approval
from the City:
2.5 Complete final Design documents by March 15,2006
City of Bremerton/Walker Macy
Attachment A Scope of Work
Professional Services Agreement 11/2005
20f4
3.0 Design Build Assistance
3.1 Review Contractor's engineering drawings and shop drawings.
3.2 Coordinate efforts with Contractor's sequence of work. Answer questions and
provide clarifications.
3.3 Attend up to four (4) on-site meetings to provide observation and to answer
questions.
3.4 Attend fmal completion review and provide written evaluation..
ASSUMPTIONS:
The scope of work is based on the following assumptions:
The City of Bremerton will provide:
o Topographic and Boundary survey including all underground utilities
o Geotechnical report
o Bidding and contract administration
. All permitting associated with the project will be developed and applied for by
Synergy Construction
. Synergy will be available during the Design Development phase to provide
constructability reviews and cost estimates.
. The Harborside Park (the lower park) will be constructed in a single phase. Ifthe
lower park project is broken into multiple design or construction phases, or
extended beyond the schedule noted, scope and fees will be re-evaluated.
. Demolition of building components and removal/capping of utilities will be the
responsibility of others.
. Irrigation systems will be specified to be design build.
. Walker Macy will retain a Structural Engineer, Electrical Engineer and Civil
Engineer (excepting the Stennis Mast) in the design of strategies related to storm
water management and water quality. r
. The City will coordinate work with other agencies including, but not limited to
the Puget Sound Naval Shipyard, Washington State Department of
Transportation, the Office of Homeland Security, the US Army Corp of Engineers
and other groups having jurisdiction over the site.
Fees
Based on the proposed scope of word, Walker Macy will be paid the following fees:
, Phase 1.1 through).6
Phase 2.1 through 2.2 (100%) design)
Phase 3. 1 Design Build Assistance
Travel and expenses bill at actual cost not to exceed
Total Labor Cost
$15,000
$65,000
$15,000
$ 5,000
$100,000
Key Personnel:
1. Douglas Macy - Principal in Charge
City ofBremertonlWalker Macy
Attachment A Scope of Work
Professional Services Agreement 11/2005
30f4
..
City of BremertonlWalker Macy
Attachment A Scope of Work
Professional Services Agreement 11/2005
40f4