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4684
PARAMETRIX INC
Consultant - Pacific Avenue Irrigation Improvements
Engineering
LEG 12-1
01/17/2008
03/31/2008
02/15/2010
01/01/2010
PROFESSIONAL SERVICES AGREEMENT
Pacific Avenue Irrigation Improvements
The City of Bremerton ("City") and Parametrix ("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 October 11. 2007 , including any attachments thereto , attached hereto as
Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only
pursuant to Section VII.G. of this Agreement. If the Scope of Work provides for unspecified
additional services 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 as provided for in the work schedule attached hereto as
Exhibit B; 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 $17.800.00. Consultant's charges and
bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by
this reference.
The Consultant shall submit regular billing statements 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 and/or Fee Schedule. Upon receipt of a
conforming billing statement, the City shall promptly process payment. PROVIDED,
HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay
work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and
billing fees shall be as delineated in Exhibit C.
Consultant shall not perform 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. Consultant shall only be compensated for additional services if requested pursuant
to Section I and, if not otherwise provided, such compensation shall be in accordance with
Exhibit C.
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.
Bremerton/Parametrix
Pacific Avenue Irrigation Improvements
Page I of6
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
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, employees, representatives and sub-Consultants during the performance of
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. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, 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, agents and volunteers 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
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
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.
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, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALL Y AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULT ANT'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 provisions of this section shall survive the expiration or termination of this Agreement.
Bremerton/Parametrix
Pacific Avenue Irrigation Improvements
Page 2 of6
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 from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, sub-consultants or sub-Consultants.
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing:
1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
2. Commercial General Liabilitv 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 operationslbroad form property
damage; explosion, collapse and underground (XCD) if applicable; and employer's
liability; and
3. Excess Liabilitv insurance with limits not less than 1,000,000 limit per occurrence and
aggregate.
4. Professional Liabilitv insurance with limits no less than $1,000,000 limit per
occurrence/claim.
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 (if required), which may 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 an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance shap contain a clause stating
that coverage shall apply separately to 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.
The City also reserves its unqualified right to require at any time and for any reason,
proof of coverage in the form of a duplicate of the insurance policy with all endorsements as
evidence of coverage.
BremertonlParametrix
Pacific Avenue Irrigation Improvements
Page 3 of6
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. 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, including those in electronic format, developed under this Agreement are 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 third
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 Lacey , Washington. Consultant shall make such data,
documents, and files 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.
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 property of the City. Any reuse by the City for other than
the specific purpose intended will be at City's sole risk.
C. Work Performed at Consultant'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.
D. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Lacey , Washington. Meetings with the City staff as described
in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually
agreed upon by the parties.
E. 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.
BremertonlParametrix
Pacific Avenue Irrigation Improvements
Page 4 of6
F. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
G. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
H. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1 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 Address
Consultant Address
8770 Tallon Lane NE
Lacey, WA 98515
1. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
J. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any
of the covenants and agreements 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.
K. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
L. 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.
M. 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.
N. 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 services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or
sexual orientation except for employment actions based on bona fide occupational qualification.
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
Bremerton/Parametrix
Pacific Avenue Irrigation Improvements
Page 5 of6
for convenience. This Agreement 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 thirty (30)
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.
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 after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement.
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: I) 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 of the 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, strikes, or weather of unusual severity. 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 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.
CITY OF BREMERTON
CONSULTANT
!~/{!~
By: h,t I;AJlI {!, 1'1~clJ4/Il
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its: WIl\lCAPAL
Date:~
Attest:
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BremertonlParametrix
Pacific Avenue Irrigation Improvements
Page 60f6
EXHIBIT A
EXHIBIT A
(Parametrix Scope of Work)
SCOPE OF WORK
PACIFIC AVENUE IRRIGATION IMPROVEMENTS
This scope of work outlines the tasks necessary to design and prepare documents for constructing
the irrigation work outlined below. Attached are exhibits outlining the areas contained within this
scope of work. We will be able to start work on this project upon approval of scope and budget.
PHASE 01 -Meetings and Project Management
Objectjye:
The objective of this phase is to attend meetings with the client, also to maintain project schedule,
budget and management.
Tasks
The following tasks will be completed as part of this phase:
1.1 Project Management
1.2 Meetings with client (4 meetings)
DeliverabJes: None
Assumptions: It is recommended that this scope be performed on a time and material basis
because the extent of project meetings is not known.
Meetings will be conducted in Bremerton.
Phase 01 Estimated Time & Material Fee Estimate: $1,400
EXHIBIT A
(Parametrix Scope of Work)
PHASE 02 - SR304 Irrigation Plans
Goals and Objectives
The goal of this phase is to prepare irrigation plans that provide drip irrigation within proposed
street light poles along project site for review and approval by the City of Bremerton. See
attached drawings Exhibit A which outlines the specific area contained within this scope of work.
Tasks
The following tasks will be completed as part of this phase:
2.1. Preliminary irrigation plans
2.2. Final irrigation plans with construction details
2.3. Irrigation specifications
Deliverables:
. One set of reproducible full size preliminary plans for City review and approval.
· One set of reproducible full size approved plans.
. Specifications
. Electronic copies of all AutoCAD design files.
Assumptions:
City of Bremerton will provide an AutoCAD version of the attached
irrigation plans and provide composite utility information and lightpole
locations. AutoCAD files shall be 2000 or greater.
Irrigation plans prepared by Exceltech dated March 21, 2007 have been used
to prepare this scope and budget. Modifications to the design resulting in re-
work will be considered as an additional service.
Exceltech irrigation design hydraulics and specified controller will support
additional zones within this scope of work without redesign of the proposed
system in Exhibit A.
Irrigation specifications will be provided in WSDOT format.
Plans will be produced at either 20 or 30 scale.
Lump sum fee assumes $100 of reimbursables.
City fees are not included.
Phase 02 Lump Sum Fee: $5,500
Parametrix, Inc.
Page 2
1011 1/2007
EXHIBIT A
(Parametrix Scope of Work)
PHASE 03 - Pacific Avenue Irrigation Plans
Goals and Objectives
The goal of this phase is to prepare irrigation plans and specifications that provide irrigation for
portions of Pacific Avenue for review and approval by the City of Bremerton. See attached
drawing Exhibit B which outlines the specific areas contained within this scope of work.
Tasks
The following tasks will be completed as part of this phase:
3.1. Preliminary Irrigation Plans - Pacific Avenue - 5th Street to 6th Street
3.2. Final Irrigation Plans - Pacific Avenue - 5th Street to 6th Street with construction details
3.3 Irrigation specifications
Deliverables:
. One set of reproducible full size preliminary plans for City review and approval.
. One set of reproducible full size approved plans.
. Specifications
. Electronic copies of all AutoCAD design files.
Assumptions:
City of Bremerton will provide an AutoCAD version of the attached
irrigation plans and provide composite utility information and lightpole
locations. AutoCAD files shall be 2000 or greater.
Exhibit B provided by the City of Bremerton has been used to prepare this
scope and budget. Modifications to the design resulting in re-work will be
considered as an additional service.
Irrigation system is based upon one point of connection and assumes one
controller located in this Phase of work.
City will provide static water pressure at proposed irrigation point of
connection
Irrigation specifications will be provided in WSDOT format.
On-site water pressures will not necessitate the use of an irrigation booster
pump.
Parametrix, Inc.
Page 3
10/11/2007
EXHIBIT A
(Parametrix Scope of Work)
Plans will be produced at either 20 or 30 scale.
Lump sum fee assumes $100 ofreimbursables.
City fees are not included.
Phase 03 Lump Sum Fee: $4,900
PHASE 04 - Pacific Avenue - 5th to Burwell Street
Goals and Objectives
The goal of this phase is to prepare irrigation plans and specifications that provide irrigation for
the Pacific Avenue from 5th to Burwell Street for review and approval by the City of Bremerton.
See attached drawing Exhibit B which outlines the specific areas contained within this scope of
work.
Tasks
The following tasks will be completed as part of this phase:
4.1 Preliminary Irrigation Plans - Pacific Avenue - 5th Street to Burwell Street
4.2 Final Irrigation Plans - Pacific A venue - 51h Street to Burwell Street with construction
details
4.3 Irrigation specifications
Deliverables:
. One set of reproducible full size preliminary plans for City review and approval.
. One set of reproducible full size approved plans.
. Specifications
. Electronic copies of all AutoCAD design files.
Assumptions:
City of Bremerton will provide an AutoCAD version of the attached
irrigation plans and provide composite utility information and lightpole
locations. AutoCAD files shall be 2000 or greater.
Exhibit B provided by the City of Bremerton has been used to prepare this
scope and budget. Modifications to the design resulting in re-work will be
considered as an additional service.
Irrigation system is based upon one point of connection and assumes one
controller specified and located in Phase 3 work.
Irrigation specifications will be provided in WSDOT format.
Parametrix, Inc.
Page 4
10/11/2007
Parametrix, Inc.
EXHIBIT A
(Parametrix Scope of Work)
Plans will be produced at either 20 or 30 scale.
Lump sum fee assumes $100 of reimbursables.
City fees are not included.
END OF PROPOSAL
Page 5
Phase 03 Lump Sum Fee: $6,000
10/11/2007
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EXHIBIT C
PARAMETRIX
BILLING RATE SCHEDULE
OCTOBER 2007
Classification
Hourlv Billina Rate
Principal
Operations Manager
Division Manager
Senior Planner
Planner IV/Landscape Designer
Planner III
Planner II
Planner I
Traffic Modeler
Senior Engineer
Engineer IV
Engineer III
Engineer II
Engineer I
Engineer Tech.
Designer II
Designer I
CADD Operator
Senior Office Administrator
Project Coordinator
Tech Aide
Admin. Assistant
Receptionist
Project Surveyor
Survey Office Technician
Field Survey Party Chief
Field Survey Crew Member
1-Man Robotic Total Station Crew
1-Man GPS Crew
1-Man High Density Scanning Crew
High Density Scanning "Cyclone" Software
Zodiac Raft
Expert Witness Testimony
$185.00
$160.00 - $185.00
$145.00 - $185.00
$145.00 - $185.00
$95.00 - $120.00
$95.00 - $118.00
$85.00 - $100.00
$70.00 - $90.00
$115.00 - $125.00
$130.00 - $160.00
$105.00 - $140.00
$90.00 - $115.00
$85.00 - $100.00
$75.00 - $90.00
$65.00 - $80.00
$85.00 - $105.00
$75.00 - $105.00
$60.00 - $100.00
$65.00 - $90.00
$60.00 - $85.00
$45.00 - $65.00
$45.00 - $55.00
$40.00 - $50.00
$128.00-$145.00
$90.00 - $115.00
$65.00 - $95.00
$55.00 - $70.00
$115.00
$115.00
$1,300.00/day
$25.00
$25.00
$250.00
Direct project expenses and reproduction costs are billed at cost plus 15%
Mileage expense is billed at $0.485 per mile
Public hearing testimony services are billed at hourly rates plus 30%.
-iJOu
/ Principal's initials
Parametrix
Billing Rate Schedule