HomeMy WebLinkAbout4951 Contract Number 4951
Vendor WATERSHED COMPANY (THE)
Sub�ect Jarstad Park - Pleasant Valley Trails Master Plan
Department Forestry
File Class LEG 12-1
Begln Date 7/22/2010
End Date 10/31/2010
Review Date 12/1/2010
Vault Date
Comments Contract Modification #1 - 11/22/10
CONTRACT MODIFICATION AGREEMENT NO. 1
BETWEEN THE CITY OF BREMERTON
AND THE WATERSHED COMPANY
PROJECT Jarstad Park Master Plan
CONSULTANT• The Watershed Companv, 750 South Street, Kirkland, WA 98033
DATE November 22 2010
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
Professional Services Agreement for the Jarstad Park-Pleasant Valley Trail Master Plan (#4951�
(the "Agreement") entered anto between the City of Bremerton and The Watershed
Company on July 22, 2010
All provisions m the Contract shall remam m full force and effect except as expressly modified by
tYus document
For valuable consideration and by mutual consent of the parties, the modifications to the Contract
are as follows
I
Sechon _ I Scope , is modified as follows 1) Revise the layout plan as per mark-ups
discussed on 11/10/10 (see attached) 2) Revise the 3-D sketches to match revise plan. 3) Rev►se
the Powerpoint program to match the revised plan and sketches
Section II. Term , is modified as follows
The Consultant shall complete the work descnbed m tlus Contract Modificahon Agreement by
' Januarv 31, 2011
Section III Compensation , is modified as follows
The onginal contract amount was not to exceed 10.000 Dollars ($10,000 00) The City shall pay
the Consultant for the additional work descnbed above, based on time and matenals, an amount not
to exceed 3,000 Dollars ($3,000 00) for a total amended contract amount of 13,000 Dollars
($13,000 00), mcludmg this Contract Modificahon
II.
Consultant accepts all requirements of this Contract Modification by endorsing below
Consultant further agrees that this Contract Modification constitutes full and final settlement
of all of the Consultant's claims for contract time and for all costs of any kmd, mcludmg
wrthout hmitation, costs of delays related to any work either covered or affected by this
Contract Modification, claims related to on-site or home of�ce overhead, or lost profits. This
Contract Modification does not limrt the Crty's right to bring a claim for past performance
CONTRACT MODIFICATION 1
Pro�ect Jarstad Pazk/Pleasant Valley Trails Master Plan
Contract #4951
The undersigned consultant approves the foregoing Contract Modification as to the changes,
if any, in the contract price specified for each item, includmg any and all supervision costs and
other r►uscellaneous costs relatmg to the change m work, and as to the extension of time
allowed, if any, for completion of the entire work due to said Contract Modification
This document will become a supplement of the contract and all provisions will apply hereto
It is understood that this Contract Modification shall be effectrve when approved by the City
of Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a
contract modification that is bmdmg on the parties of this contract In add�tion, Consultant
warrants that rt has or will mform the surety of this change, and shall take appropriate action
to modify any bonds required under the contract to address this change
IN WITNESS WHEg2EOF, the parties haE�e executed this Contract Modification on the day
and year first written above
City Engmeer / Publ�c Works D�rector approved to process
Imrials and Date
CONSULT T. �"- "' "` �«�°� � � yTHE CITY OF BREMERTON
��V
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By ' By Vmcent O Akhimie. CPM, P E
Its ��► ��� Its Director of Public Works and Utilities
DATE ! Z /�y �� DATE
APPROV � FO ATTEST:
Y
Bre on Ci Attorney Crty Cler �
NOTICES TO BE SENT TO NOTICES TO BE SENT TO
Bill McKmney Mr Mark S Garff
Forestry Manager Semor Landscape Architect
City of Bremerton Public Works Department The Watershed Company
100 Oyster Bay Ave N 750 Sixth Street South
Bremerton, WA 98312 Kirkland, WA 98033
360 473 5354 425 822 5242
R �I,EGAL\Contracts�FORMS\Contract Mod�ficahon (2003) doc
CONTRACT MODIFICATION 2
Pro�ect Jarstad Park/Pleasant Valley Trails Master Plan
Contract #4951
sc}�NCe � ��s�rr�
WATERSI ED
ti �
November 16, 2010
Bill McKinne�, Farestry Manager
Gty of Bremerton Publrc Works
100 C?yster Bay Ave N
Bremerton, j+VA 98312
Viaemail t3�1} I�1cK���z�e r�t i� ��trt,�ttaF� vs� i�4
Re iarstad Park Master Plan — P1an Revisians, TWC Proyect # 10U614
Dear Bill,
Thank you fox requeshng a proposal to =evise the October 2010 verslon af the Jarstad Park
and Pleasant Valley Trail Master Plan previouslq completed by The Watershed Caznpany
Under this scnpe of work we w�ll pravide the follow�ng services
• Revise the layout plan per your mark ups $1b00
• Revise the 3-D sketches to rnatch the rev�sed plan $4i�0
• Revise the slideshnw to match the revised plan and sketches $250
We bill on an hourly bas�s Mark Garff, Seruor Landscape Architect is billed at $120/hour,
Landscape Des�gners at $90 and $60/per hour The cost for this work ia $2,250
We look farward to work�ng with you If you have any queshons about tivs prt�posal,
please do not hesitate to call Please stgn below to author�ze thys work
Sincerely,
s.«.. �'i��""".,..,,
Mark S Garff, ASLA
Seiuor Landscape Arclutect
Accepted by
�,,.�', �d.'l'",�2%f
A William Way Bill McICinney
Presiden�
750 5�xch 5treet 5outh K�Mcland WA 98033
p 425 822 5T42 / 425 827 8136 wat�rshedco com
Contract Number:
Vendor:
Subject:
Department:
File Class:
Begin Date:
End Date:
Review Date:
Vault Date:
Comments :
4951
THE WATERSHED COMPANY
Jarstad Park - Pleasant Valley Trails Master Plan
Forestry
LEG 12-1
7/22/2010
10/31/2010
12/1/2010
PROFESSIONAL SEItVICES AGREEMEIVT
Jarstad Park-Pleasa t Valley Trail Master Plan
# "`
The City of Bremerton ("City") and The Watershed Company, ("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, 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: This Agreement commences on the date of execution and terminates on October
31, 2010, unless terminated earlier per Section IX. City and the Consultant agree that work will
begin on the tasks described in Exhibit A upon execution of this Agreement and completed on a
mutually agreeable schedule. Extensions may be negotiated, per the terms and conditions of this
agreement, upon mutual agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
Consultant shall be compensated according to the terms and conditions provided for in the fee
schedule attached as Exhibit B and incorporated herein by reference.
Consultant shall not perform work beyond the Scope of Services, nor shall be compensated for
such services, unless the Scope of Services 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 B.
If a billing statement for out of scope services 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
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
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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
manageriai control over Consultant or its personnel.
As an independent C'onsultant, 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 SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
iNDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S
WAIVER OF IMMUNITY UNDER 1NDUSTRIAL 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.
VI. Insurance: The Consultant shaii 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 perfoimance 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:
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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 General 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. Ezcess Liabilitv insurance with limits not less than $1,000,000 limit per occurrence and
aggregate.
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 shall 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.
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
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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 : 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. �1ny 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 Kirkland, WA, ar on designated City property. 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.
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.
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Citv Address:
Forestry Manager
Bremerton Public Works & Utilities
100 Oyster Bay Ave. N
Bremerton, WA 98312
Consultant Address:
The Watershed Company
750 6` Street South
Kirkland, WA 98033
425.822.5242
I. 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 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, or 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
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
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completion of the work, the C;ity may summarily terminate this Agreement. Termination shall be
effective ten calendar days after Consultant's receipt of the written notice by certified mail.
A. Excusable Dela� 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 federa[ government in controiling, restricting, or requisitioning materiats,
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. Ri hts U on 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 ��hich Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
CITY OF BREMERTON CONSULTANT
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7/15/2010
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EX�IIBIT A
Scope of Work
Jarstad Park-Pleasant Valley Trail Master Plan
Background
Jarstad Park is a 5-acre park owned and operated since the 1930's by the City of Bremerton
Water Utility. It is currently used on a paid reservation basis and made available to the local
community. It is in proximity to Gorst Creek, where a stream restoration project, completed in
2001 provides improved habitat and passage for several salmonid species. Gorst Creek, on the
south edge of the park, along with the Suquamish Tribe Fisheries Dept. salmon rearing facility
upstream, provide salmon viewing and educational opportunities near the park. The Gorst Creek
Pumping Station (PS 1), constructed in 1936, is also adjacent to the park and has the potential for
providing an interesting historical perspective for park users. The potential for 5— 10 miles of
interpretive trails in a forested environment is available on Water Utility land within the Gorst-
Heins Creek watershed for which the park could function as trailhead. Facilities in the park
include a 1930's era picnic/kitchen shelter constructed by the Works Progress Administration
(WPA) and recently restored; a metal roof provides a covered picnic area; a 1950's era concrete
block restroom provides sanitary facilities. Sewer service to the park should be available by the
end of 2010, to replace the on-site septic system.
A Jarstad Park/Pleasant Valley Trails Committee consisting of City, Jarstad Family, Kitsap
Poggie Club, Suquamish Tribe and other interested parties have met regularly for several years
for planning and volunteer park projects. This committee has been recognized by the Mayor and
City Council Public Works Committee and will continue to function as an Advisory Committee
(AC).
Deliverables:
It is recognized by the City and interested parties that a master plan of adequate detail for Jarstad
Park and associated amenities is vital for providing guidance; establishing priorities; budgeting;
long term management; maintenance; and implementation. The Consultant will provide the
following deliverables:
1. Draft Schematic Design and Plan of proposed park and trail improvements (90%
completion level)
2. Final Schematic Design and Plan
3. Written Implementation Guide
4. Construction cost opinion based on final Schematic Plan
5. All finalized documents provided in hard copy and electronically
Planning shall include a schematic plan layout of the Pleasant Valley Trail area.
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E7�IIBIT A
Scope of Services
Jarstad Park-Pleasant Valley Trail Master Plan
(continued)
Assessment and Design components shall consider the following:
History and cultural aspects of the site and existing facilities
Maintaining commonality of design and theme throughout the sites
Design appropriate to agreed usage of park and trails
Phase 1 Assessment and Planning Priorities:
1. Replacement of inetal roofed picnic area
2. Relocate or underground overhead PSE service lines
3. Replace or upgrade restroom facility (coordinated with sewer availability)
4. Potential use of Gorst Creek Pump station as a park feature
Phase 2 Assessment and Planning Priorities:
1. Determination of trail use (interpretive/pedestrian, etc.)
2. Location/Connections (limits of extent)
3. Availability (seasonal, etc.)
Meetings:
1. Phone meetings with City staff (up to 4 hours) during Assessment and Planning
2. Presentation to City staff and Advisory Committee of Draft Schematic Plan (90% level)
Schedule:
Draft Schematic Plan shall be completed by September 30, 2010.
Final Schematic Plan, Implementation Sequence and Cost Opinion shall be completed by
October 31, 2010.
City Shall Provide:
• Background information including documents and drawings
• CAD and GIS base information
o Appropriate meeting venues
• Document reproduction assistance
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EI�II3IBIT B
Fee Schedule for Jarstad Park-Pleasant Valley Trail Master Plan
Basic Compensation:
For the Scope of Work described in Exhibit A, Consultant shall be compensated in an amount
not to exceed $10,000.00.
Out of Scope Services:
Any out-of-scope services approved by the City shall be paid for on a time and materials basis
according to the following schedule:
Hourly Rate: $120/hour
Mileage: Standard Rate/mile as set by the IRS
Consultant shall submit a statement describing the services rendered with a breakdown for hours
and rate as authorized under this Agreement. The City, upon receipt of the completed statement,
shall promptly process claim for payment.
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