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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 . - i� � �. 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 Bremerton/ Jarstad Park-Pleasant Valley Trail Master Plan 7/ 15/2010 1 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: Bremerton/ Jarstad Park-Pleasant Valley Trail Master Plan 7/15/2010 2 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 Bremerton/ Jarstad Park-Pleasant Valley Trail Master Plan 7/15/2010 3 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. Bremerton/ Jarstad Park-Pleasant Valley Trail Master Plan 7/15/2010 � 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 Bremerton/ Jarstad Park-Pleasant Valley Trail Master Plan 7/15/2010 5 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 Bre � n P� W �ltilities B — its: ." > _ Date: � ' � � , ) • �• • �.- � � ��: /�j � , :r�� 1 , . � . - R:�I,EGAL\Contracts�F'ORMS�Professional Services Agreement Form (2003).doc Bremerton/ Jarstad Park-Pleasant Valley Trail Master Plan ,1��;� ,� s = f � 0� c� � �' r its: �' � C�'L,.`� Date: '"J �r f �/ /1 Attest: � � City Cl rk 7/15/2010 3 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. Bremerton/ Jarstad Park-Pleasant Valley Trail Master Plan 7/15/2010 7 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 Bremerton/ Jarstad Park-Pleasant Valley Trail Master Plan 7/15/2010 : 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. Bremerton/ Jarstad Park-Pleasant Valley Trail Master Plan 7 7/15/2010