Loading...
HomeMy WebLinkAbout4300 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 4300 ABSG CONSULTING - EQE STRUCTURAL ENGINEERS DIV Seismic Upgrades - Reservoirs 6 8 & 19 Engineering PRO File Class LEG 12-1 $80440.00 08/23/2002 10/31/2003 02/15/2006 GL AL E&O $2000000.00 $1000000.00 $ Insurance Total Insurance Review Date $3000000.00 04/01/2003 VAULT 01/01/2006 CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND ABSG CONSULTING INC. PROJECT: Professional Services Agreement - Structural Engineering Services for Seismic Upgrade and Repair of Reservoirs 6, 8, and 19 CONSULTANT: ABSG Consulting, Inc. 1411 Fourth Avenue Building, Suite 500 Seattle, WA 98101 DATE: March 6, 2003 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE PROFESSIONAL SERVICES AGREEMENT, "Seismic Upgrade and Repair of Reservoirs 6, 8, and 19"(the "Contract") entered into between the City of Bremerton and ABSG Consulting Inc. on August 23, 2002 and as modified on March 6, 2003, in this Contract Modification No. 1. All provisions in thc Contract shall remain in full force and effect except as expressly modified by this document. Whereas a time extension is requested by ABSG Consulting, Inc., the parties desire to modify the contract as further described. For valuable consideration and by mutual consent of the pa~ies, the modification to the Contract is as follows: L Section I. Scope: no contract modification required. Section H. Term: is modified as follows: Thc original contract time was one hundred sixty (160) calendar days. The City shall extend the Professional Services Agreement contract time for the Consultant, ABSG Consulting, Inc., for an additional two hundred fiity (250) calendar days, or October 17, 2003. Section III. Compensation: no contract modification required. The Consultant shall complete the work described in this Contract Modification Agreement based on the originally agreed contract amount not to exceed $80,440.00. Consultant aeeepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of aH claims for contract time and for all costs of any kind, including costs of delays, related to any work either covered or affected by this Contract Modification. CONTRACT MODIFICATION Bremetton/ABSG Consulting, Inc. Project Number: 421 & 458 Seismic Upgrades Reservoirs 6, 8, & 19 1 The parties whose names appear below swear under penalty of perjury that they are authorized to enter into a contract modification that is binding on the parties of this contract. IN WITNESS WHEREOF, the parties have executed this Contract Modifications on the day and year first written above. ENG. approved to process (~d~als and Date approved to process f'/ - Initials and Date DEW approved to process 'Imtials' ' - ~" '/~' ~P~ Date~°~ ~SG Consultirm Inc. By ',~---.~.~{ /~.~ ~ By Catv Bozcman Its ~n,~ ~ ~,~ Its Mayor DATE: ,~ DATE: ~- 77 APPROVED AS TO FORM: AT ~T~/ST: ~)/~ Bremerton City Attorney City~ler-k / .... f /1 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Mr. Daniel W. Symonds, P.E. Mr. Daniel J. Miller ABSG Consulting, Inc. Title: Project Manager 1411 Fourth Avenue Building, Suite 500 City ofBremerton PW & U Administration Seattle WA 98101 Address: 3027 Olympus Drive Bremerton WA 983104799 Phone/Fax: 360478-2314/5018 CONTRACT MODIFICATION Bremerton/ABSG Consulting, Inc. Project Number: 421 & 458 Seismic Upgrades Reservoirs 6, 8, & 19 2 PROFESSIONAL SERVICES AGREEMENT SEISMIC UPGRADES TO RESERVOIRS 6, 8, & 19 ABSG CONSULTING, EQE STRUCTURAL ENGINEERS Project No. 421 The City of Bremerton ("City") and ABSG Consulting, EQE Structural Engineers ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated June 11, 2002 including any addenda thereto as of the effective date oftkis Agreement, attached hereto as Exhibit A, which is incorporated herein by this reference as if fully set forth. The Scope of Work may be modified only pursuant to Section VII.H. of this Agreement. If the Scope of Work provides for unspecified additional services the City may request that such services shall only be performed upon the express written request of the City. Consultant further 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 on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed within one hundred sixty (160) calendar days of the execution of this Agreement; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX (A) of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed eighty thousand four hundred forty dollars ($80,440.00). Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit B- 1 and incorporated herein by this reference. The Consultant shall submit regular billing statements describ/ng services rendered and the amount charged for each service. 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. PROVIDED, HOWEVER, the City reserves the right to direct the Consultant's com~nsated services under the time flame set forth in Section II herein before reaching the maximum amount. The Consultant's bill rates shall be as delineated in Exhibit A. Consultant shall not perfomi work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Additional services shall be compensated for only if requested pursuant to Section I and shall be compensated as set out in the request or, if the request does not so provide, ns set out in the attached fee schedule. Bremerton/ABSG Consulting, Inc. Seismic Uo~rades Reservoirs 6~ 8, 19 Page 1 of 7 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 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 contractors 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 contractors. None of the benefits provided by the City to its employees, including, 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, en-~ployees, representatives and sub-contractors during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent comractors to perform the same or similar work. As an independent contractor, 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 contractor, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, B&O, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, and agents harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any oftbese covenants of indemnification. 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, official~-employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant'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 Bremerton/ABSG Consulting, Inc. Seismic Upgrades Reservoirs 6, 8, 19 Page 2 of 7 FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 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 for injuries to persons or damage to property which may arise fi.om or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial Gener,q Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per ocCUlT~nce. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (ii'required), which shall be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of the endorsement mining the City as additional ir~ured shall be attached to the Certificate of Insurance. The .City reserves the right to receive a certified copy of all the required insurance policies. The Consultant's Commemial General Liability insurance shall contain a clause stating that coverage shall apply separateiy io each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. Bremerton/ABSG Consulting, Inc. Seismic Upgrades Reservoirs 6, 8, 19 Page 3 of 7 If; in the City's sole determination, a dispute or claim arises, the City reserves the right to demand and receive a certified copy of all the required insurance policies from the Consultant. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and docments on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports developed under this Agreement shall belong to and become the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from th/rd parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Seattle, Washington. Consultant shall make such data, documents, and flies available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. Any use or reuse of the documents, data and files created by Consultant for the City on this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. C. Consultant to Maintain Records to Support Independent Contractor Status: On the effective date of this Agreement (or shortly thereafter), Consultant shall: 1. File a schedule of expenses with the Internal Revenue Service for the type of business Consultant conducts; 2. Establish an account with the Washin~on State Department of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to-receive a unified business identifier number from the State of Washington; and',' 3. Maintain a separate set of books and records that reflect all items of income and expenses of Consultant's business, all as described in the Revised Code of Washington (RCW) Section 51.08.195, as required to show that the services performed by Consultant under this Agreement shall not give rise to an employer- employee relationship between the parties which is subject to RCW Title 51, Industrial Insurance. Bremerton/ABSG Consulting, Inc. Seismic Upgrades Reservoirs 6, 8, 19 Page 4 of 7 D. Work Performed at Contractor's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Seattle, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices at 3027 Olympus Drive, Bremerton, Washington, or at locations mutually agreed upon by the parties. F. 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. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless notified to the contrary. Any written notice hereunder shall become effective upon the date of mailing by registered or certified mail, 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 hercai~er specified in writing. City Clerk ABSG Consulting, Inc. 239 Fourth Street 1411 Fourth Avenue Bldg., Suite 500 Bremerton, WA 98337 Seattle, WA 98101 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power ar/sing out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreeme~s contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Bremerton/ABSG Consulting, Inc. Seismic Uvexades Reservoirs 6, 8, 19 Page 5 of 7 M. Choice of Law and Venue: This Agreemem shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreemem shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: The substantially prevailing Party in uny litigation arising out of this Agreement shall be entitled to its reasonable attorneys' fees and court costs. VIII. Nondiscrimination: Consultant shall not discriminate in employmem or services 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 qualification. IX. Termination: This Agreement may be terminated, at will, by either Party upon 30 days' notice to the other Party. This Agreemem may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within five days of the terminating Party's sending notice to the non-performing Party. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced atter the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreemem. Termination shall be effective ten calendar days atter Consultant's receipt of the written notice by certified mail. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution oftbe Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strflces, or weather of unusual severity; and (4) negotiated and executed supplemental agreements between the City and Consultant for Consultant to perform extra work defined as tasks not included in the Scope of Work referenced as Exhibit A. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If; on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a f'mal invoice submitted to the City. After termination, the City may take possession of ail records and data within the Consultant% 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. Upon termination the City will be emitled to reports showing the status of all items listed in the Scope of Work current through the termination date. Bremerton/ABSG Consulting, Inc. Seismic Upgrades Reservoirs 6, 8, 19 Page 6 of 7 CITY OF BREMERTON ABSG CONSULTING, INC. By.~_~¥c~ I'~oz~lev~ By: ~ Approved as to form: Bremerton/ABSG Consulting, Inc. Seismic Upgrades Reservoirs 6, 8, 19 Page 7 of 7 EXHIBIT A CITY OF BREMERTON SEISMIC EVALUATION & DESIGN June 11, 2002 SCOPE OF WORK GENERAL DESCRIPTION The purpose of this Comract is for ABSG Consulting, Inc., EQE Structural Engineer Division to provide structural evaluation, recommendations, and engineering design to seismically upgrade Reservoirs 6, 8, and 19. Consultant to provide level of effort consistent with the budget idemified in Exhibit B-1 as identified by the following phases: PHASE I- SEISMIC EVALUATION AND RECOMMENDATION A. Consultant to provide field evaluation and hazard assessmem of the existing Reservoirs 6, 8, & 19; B. Consultant to provide recommendation as to schematic upgrades for each structure with alternate recommendations for consideration by the City; and C. Consultant to present written report with rough order of magnitude cost estimate based on Consultant's recommendation and/or City selected alternates. PHASE Il- DESIGN & CONSTRUCTION DOCUMENTS Based onthe results of Phase I and the City's construction funding the following will be considered: A. Consultant to proceed with technical specifications including structural design drawings for public bidding process, based on the selected recommendations or City's selected alternates for all three (3) reservoirs; or B. Consultant to proceed with technical specifications including structural design drawings for public bidding process for the reservoir(s) that are of the highest priority, based on Consultant's Phase I Evaluation and Recommendation. C. Consultant will provide the structural technical specifications in a CSI format and full size set of reproducible drawings to include structural general notes and design details for concrete, co~&cte reinforcement, structural steel, and paint. The City will provide the general requirements for the public bid process. D. Consultant will assist the City during the public bid process in responding to structural design questions, and provide timely clarification to prospective bidders. Page 1 of 1 EXHIBIT B CITY OF BREMERTON SEISMIC UPGRADE EVALUATION & DESIGN COMPENSATION Compensation for Consultant's services under this Contract shall be paid as follows for authorized services performed. Personnel Costs shall be at the hourly billing rotes of the personnel listed herein and may be adjusted by the Consultant upon 30 days written notice to the City. For positions and other work not covered by the "billing rates" included herein, direct labor with a multiplier of 2.5 will be utilized to calculate total labor cost inclusive of overhead and profit. Monthly invoices shall be submitted to the City for work performed subsequent to work covered by all previously submitted invoices and shall be computed pursuant to the rates and l'maitations set forth in Exhibit B-1. The approximate distribution of costs with respect to each Phase is presented in Exhibit B-2. Consultant may adjust the distribution of compensation between individual tasks noted within the Phase to be consistent with services actually rendered, but shall not exceed the total estimated compensation amount unless approved in writing by the City. City ofBremerton/ABSG Comulting, Inc. Seismic Upgrades Reservoirs 6, 8, & 19 1 EXHIBIT B-2 CITY OF BREMERTON SEISMIC UPGRADES/STRUCTURAL DESIGN RESERVIORS 6, 8 & 19 CONSULTANT: ABEG CONSULTING I EQE STRUCTURAL ENGINEER DIVISION 1411 FOURTH AVENUE BLDG., SUITE 500 SEA'FrLE WA g8101 PHASE I EVALUATION & RECOMMEND ABS LABOR RESV. NO. 6 RESV. NO. 8 RESV.N0. 19 SITE VISITS $3,390 $1,130 $1,130 $1,130 HAZARD ASSESSMENT $440 $148 $146 $146 TANK SEISMIC EVALUATION $6,780 $4,140 $1,320 $1,320 TANK SEISMIC SCHEMATIC UPGRADES $7,060 $3,100 $1,980 $1,980 REPORT & ROUGH ESTIMATE $2,660 $888 $886 $886 PRESENTATION MEETING $1~270 $424 $423 $423 PHASE I -SUBTOTAL $21,606 $9,830 $5,885 $5,885 PHA~E I1 CONSTRI, ICTION DOCUMENTS PLANS SPECS & ESTIMATES PLANS SPECS & ESTIMATE w/FRICTION DAMPERS $34,600 $34,600 PLANS SPECS & ESTIMATE wi pi~ings $12,120 $12,120 PLANS SPECS & ESTIMATE wi pilings $12~120 $12t120 PHASE II-SUBTOTAL $58,840 TOTALS PH. I & II SEISMIC UPGRADES $60,440 $44,430 $18,008 $18,005 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1166 Avenue of the Americas POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE New York, NY 10036 AFFORDED BY THE POLICIES DESCRIBED HEREIN, Attn: CHRISTINE DOWNING (212) 345-2282 COMPANIES AFFORDING COVERAGE COMPANY A LIBERTY MUTUAL INSURANCE CO INSURED COMPANY ABSG Consulting, Inc. B AMERICAN GUAR & L[AB ARS Plaza 16855 Northchase Ddve COMPANY Houston, TX 77060 C N/A COMPANY D LTR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDO/YY) DATE (MMIDOIYY) LIMITS A GENERAL LIABILITY F~G2 621 004532 031 11/01/01 11/01/02 GENERAL AGGREGATE $ 2,000,000 c ,Ms oE OCCUR RERSO. L.A V,.JU. $ 'NCLUDE __ FIRE DAMAG~ (Any one tim} $ 300,000 MED EXP (Any one personI $ 10,000 A AUTOMOBILE LIABILITY ~Sl 621 004532 021 11/01/01 11/01/02 B EXCESS LIABILITY ~UC 835536806 11/01/01 11/01/02 EACH OCCURRENCE $ 1,000,000  UMBREL~ FORM AGGREGA~ $ 1,000,000 OTHER 'IHAN UMBRELL~, FORM Bremerton project ~f421 City of Bremerton shall be named as an additional insured on COL as respects work performed by or on behalf of Consultant as per wdtten contract, C':itv of Bremerton BY: Joseph DeChiaro ¢~1~1~