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HomeMy WebLinkAbout4996Contract Number Vendor Sub�ect Department File Class Begin Date End Date Review Date Vault Date Comments 0 4996 PARAMETRIX Grant Writing Assistance/Gorst Watershed Comp Plan Engineering LEG 12-1 3/20/2009 i/3i/2oi1 2/1/2014 Recently acquired this contract from Engineering, processing as new i � • I � r' PROFESSIONAL - - I�P. �Oi� l.�• "-' � P �� << ���� ►��,nr�T �� P SERVICES AGREEMENT � Grant Writing Assistance � The Crty I f Bremerton ("Crt}�') and Paramemx ("Consultant"), referred to collectively as the "Parties," enter mto the followmg Agreement for professional services I. Scope: The Consultant agrees to perform grant writing to assist the City m applymg for a grant to fund the Gorst Watershed Comprehensive Plan funded under the EPA FY-09 Protecting Coastal Watershed, Water Quality, and Aquatic Resources From the Impacts of Growth, fundmg opportunity number EPA-RIO-ESI1-2009 Gonsultant further represents that the services furrushed under tlus Agreement will be performed m accordance wrth generally accepted professional practices in effect at the hme such services aze performed II. Term: The Crty and the Consultant agree that work will begm immediately upon execuhon of this Agreement III. Compensation: In consideration of the services provided pursuant to tlus Agreement, the City shall pay Consultant in an amount not to exceed $6,000 Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit A and mcorporated herem by tlus reference The Consultant shall submit regular billmg statements detailing work performed and amount charged on each task or portion thereof The descnptions shall conform to and fall wrthm the categones set out m the Scope of Work and/or Fee Schedule Upon receipt of a conforming billirig statement, the Crty shall promptly process payment PROVIDED, HOWEVER, the Crty reserves the nght to pnontize scoped work and accelerate andlor delay work tasks under �the hme frame set forth m Section II herem The Consultant's labor rates and bilhng fees shall tie as dehneated m Exlubrt A 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 tlus Agreement Consultant shall only be compensated for addrtional services if requested pursuant to Sechon T and, if not otherwise provided, such compensation shall be m accordance wrth ExYubrt A If a bilhn�g statement does not conform to this Agreement, the Crty may withhold payment until the statement is brought into compliance Such withholding does not relieve Consultant of rts obhgations under this Agreement IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed m the Scope of Work and is performing mdependent funchons and responsibilities wrtlun rts field of expertise I Consultant and rts personnel are mdependent Consultants and not employees of the City Consultant and its personnel have no authonty to bmd the City or to control the City's employees �I and other Consultants None of the benefits provided by the City to its employees, mcludmg, but not lumted to, compensahon, msurance, and unemployment msurance Bremerton/ Grant Wntmg Assistance Page 1 of 6 �, P are available from the Crty to the employees, agents, representatives, or sub-Consultants of the Consultant Consultant will be solely and entirely responsible for rts acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants dunng the performance of tl�us Agreement The City may, dunng the term of tlus Agreement, engage other mdependent Consultants to perform the same or similar work As an independent Consultant, Consultant is responsible for its own management The Crty's admmistration and enforcement of this Agreement shall not be deemed an exercise of managenal control over Consultant or rts personnel As an mdependent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligahons under tlus Agreement These taxes and fees include but are not limrted to State mdustnal msurance, Busmess & Occupation, State professional licensing, and Crty busmess licensing If any taxes or fees due the City have been declared delinquent, the City may withhold the delmquent amount, plus any additional charges arising from the delmquency, from any payments due Consultant V. Indemnification: Consultant shall defend, mdemrufy and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, m�unes, damages, losses or suits, mcluding all legal costs and attorney fees, arising out of or in connection wrth the performance of this Agreement, except for that portion of the m�unes 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 mdemmfication � Should a court of competent �unsdichon determine that this Agreement is sub�ect to RCW 4 24 115, then, m the event of liability for damages ansmg out of bodily m�ury to persons or damages to property caused by or resulting from the concurrent neghgence 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 IlVDUSTRIAL 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 tlus Agreement VI. Insurance: The Consultant shall procure and mamtam for the duration of the Agreement, insurance against claims for m�unes to persons or damage to property wluch may anse from or m connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants Bremerton/ Grant Wnting Assistance Page 2 of 6 � Before begmYUng work on the pro�ect descnbed in this Agreement, the Consultant shall provide a Certificate of Insurance evidencmg 1. Automobile Liability msurance with limrts no less than $1,000,000 combmed smgle hmrt per accident for bodily mJury and property damage, and 2. Commercial General Liabilitv msurance wntten on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal in�ury, bodily m�ury and property damage Coverage shall mclude but not be limited to blanket contractual, products/completed operations/broad form property damage, explosion, collapse and underground (XCLn if applicable, and employer's habilrty, and 3. Excess Liabilitv msurance with limits not less than 1,000,000 limit per occurrence and aggregate 4. Professional Liability msurance wrth hmrts no less than $1,000,000 hmrt per occurrence/claim Any payment of deduchble or self msured retention shall be the sole responsibihty of the Consultant All required policies shall be provided on an"occurrence" basis except professional hability msurance (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 msurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, wluch names the City as an additional insured shall be attached to the Certificate of Insurance The City reserves the nght to receive a certified copy of all the required msurance policies and endorsements The Crty further reserves the nght to re�ect any unacceptable policies and/or endorsements The Consultant's Commercial General Liability msurance shall contam a clause stating that coverage shall apply separately to each insured aga.mst whom claim is made or suit is brought, except with respects to the limrts of the msurer's liability The Consultant's insurance shall be pnmary msurance as respects the City and the City shall be given tlurty (30) days pnor wntten nohce by certified mail, return receipt requested, of any cancellation, suspension or matenal change in coverage The Crty also reserves rts unquahfied nght to require at any time and for any reason, proof of coverage in the form of a duplicate of the msurance pohcy wrth all endorsements as evidence of coverage VII. General Conditions: A Reports and Informahon When requested by the City, Consultant shall furmsh penodic reports and documents on matters covered by this Agreement The reports and documents shall be furnished m the hme and form requested Consultant shall maintam Bremerton/Parametnx Grant Wnhng Assistance Page 3 of 6 ! R accountmg records m accordance with Generally Accepted Accountmg Pnnciples (GAAP) to substanhate all billed amounts B Ownership and Use of Records and Documents Ongmal documents, drawmgs, designs and reports, mcluding those in electromc format, developed under this Agreement are the property of the City All wntten 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 mformahon relatmg to its own busmess If such mformation is pubhcly available or is already m Consultant's possession or known to it, or is nghtfully obtamed by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, madvertent or otherwise All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bremerton, 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, modif}nng and updahng as necessary until such time as the City is capable of stonng such mformahon in the City's offices Duplicate copies of tlus information shall be provided to the Crty upon its request, and at reasonable cost All documents, mcluding 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 nsk C Work Performed at Consultant's Risk Consultant shall take all precauhons necessary and shall be responsible for the safety of its employees, agents, and sub-consultants m the performance of the work hereunder and shall utilize all protection necessary for that purpose All work shall be done at Consultant's own nsk, and Consultant shall be responsible for any loss of or damage to matenals, tools, or other articles used or held for use in connection with the work D Place of Work The Consultant shall perform the work authonzed under this Agreement at its offices m Bremerton, Washington Meehngs with the City staff as descnbed m Exlubrt A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties E Entire Agreement Tlus Agreement and its Exlubits 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 Severabilrtv Should any part of tYus Agreement be found void, the balance of the Agreement shall remam m full force and effect G Modificahon Tlus Agreement may only be modified by wntten instrument signed by both Parties Bremerton/Parametrix Grant Wntmg Assistance Page 4 of 6 A . � I � H Wntten Notices All commwucations regarding tlus 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 m wnting Crty Address City of Bremerton 3027 Olympus Dnve Bremerton, WA 98310 Consultant Address Parametrix 4660 Kitsap Way, Surte A Bremerton, WA 98312 I Waiver Failure to enforce any provision of tlus Agreement shall not be deemed a wa,�ver of that provision Waiver of any nght or power arising out of tlus Agreement shall not be deemed waiver of any other nght or power J Non-Waiver of Breach The faslure of the Crty to insist upon stnct performance of any of the covenants and agreements contamed herem, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relmquishment of said covenants, agreements or options, and the same shall be and remam m full force and effect K Compliance with Laws Consultant shall comply with all applicable Federal, State, and local laws m performmg its obligations under this Agreement L Choice;of Law and Venue Tlus Agreement shall be mterpreted accordmg to the laws of the State of Waslungton Any�udicial action to resolve disputes ansmg out of tlus Agreement shall be brought m Kitsap County Supenor Court � M Attornevs' 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 Assi ent Any assignment of this agreement by the Contractor without the wntten consent of the Crty shall be void VIII. Nondiscritnination: Consultant shall not discnmmate m employment or services to the public on the basis of race, color, national ongin, sex, religion, age, marital status, disability, or sexual onentation except for employment actions based on bona fide occupational qualification � IX. Termination: Tlus Agreement shall remam in force until complehon and acceptance of the services, terminated by wntten mstrument upon mutual consent, or by the City of Bremerton for convenience '� Tlus Agreement may be immediately ternunated for cause by a Party if the other Party substanhally fails to perform through no fault of the termmahng Party, and the non- performmg Party does not commence correchon of the failure of performance witlun tlurty (30) days of the termmahng Party's sendmg notice to the non-performmg Party Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through thi termmation date I Bremerton/ Grant Wntmg Assistance Page 5 of 6 If the City receives reimbursement by any federal, state, or other source for work descnbed m Section I herem, and that funding is withdrawn, reduced or limited in any way, or the pro�ect is cancelled or substantially reduced after the execution date of tlus Agreement and pnor to the completion of the work, the Crty may summanly termmate tlus Agreement A Excusable Dela� The nght of Consultant to proceed shall not be termmated nor shall Consultant be charged wrth liquidated damages for any delays in the completion of the work due to 1) any acts of the federal government m controllmg, restncting, or requisrtionmg matenals, equipment, tools, or labor by reason of war, national defense, or other nahonal emergency, 2) any acts of the City, its consultants, or other public agencies causmg such delay, and 3) causes not reasonably foreseeable by the parties at the time of the execuhon of the Agreement that are beyond the control and without the fault or negligence of the Consultant, mcludmg, but not restncted to, acts of God, fires, floods, stnkes, or weather of unusual seventy PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days m , wnting of the cause of the delay If, on the basis of the facts and the terms of tlus Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completmg the work for a penod of hme commensurate with the penod of excusable delay B Ri ts Upon Termmation In the event of termination, the City shall pay for all services performed by the Consultant to the effechve date of termmation, as descnbed on a final mvoice submitted to the City After termmation, the City may take possession of all records and data witlun the Consultant's possession pertammg to this proJect which may be used by the City without restriction Any such use not related to the pro�ect which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant CITY OF BREMERTON By Plul Wilhams its Director f Pu hc Works and Utilrties Date � CONSULTANT � � � :. � ��.� �� . �i �. - - r P�Pro�ecu\1896-Bremerton, City of�lContracu-Pre-Contract�20-EPA Grant Wntmg�PSA_SRF-EPA Grant doc Bremerton/Parametnx Grant Wntmg Assistance Page 6 of 6 /, ' . EXHIBIT A Rates Emulovee Bill Webb Mark Hilhnger Crystal McCrame � Other Direct Costs Expenses * At a 3 1 multiplier � RateBr.* $167 68 $76 11 $62 00 6% of Labor Error� Unknown document property nam� Grant Wr�ting Assistance / February 2009