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HomeMy WebLinkAbout5005 Contract Number: 5005 Vendor. EXELTECH CONSULTING, INC. Subject Park Avenue Plaza Phase II Department: Econ Devel File Class: LEG 12 -1 Begin Date: 2/14/2011 End Date 12/31/2013 Review Date: 11/1/2013 Vault Date: Comments: Change Order No. 1 4/6/12, Change Order No. 2 4/6/12 w 1 PROFESSIONAL SERVICES AGREEMENT Exeltech Consulting, Inc. for Park Avenue Plaza Phase II Change Order # 1 — Water line at 4 Street Change Order # 1 TO AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ( "City"), and Exeltech Consulting, Inc. The parties agree to the following: A. STRUCTURAL SERVICES 1 • Provide civil engineering services to replace 8 inch water mam on 4' Street from Pacific Avenue to Park Avenue. Compensation for Change Order #1 $10,299.00. Total Contract value $105,299.00 IN WITNESS WHEREOF, the parties below have executed this Amendment. CONSULTAN THE CITY OF BREMERTON Exeltech Co 'n Inc Print Name• w.' 40--;' 1 LLA Title: �F=� i W,1- T Print Name: Pa Lent Title: MVor DATE '/� ��'L- DATE � PAGE -1- Exeltech Consulting EDA Award 07 -01 -06590 Change Order # 1 J PROFESSIONAL SERVICES AGREEMENT Exeltech Consulting, Inc. for Park Avenue Plaza Phase II Change Order # 2 - Structural loading Change Order # 2 TO AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City "), and Exeltech Consulting, Inc. The parties agree to the following- A. STRUCTURAL SERVICES 1. Provide structural services to confirm unposed cinema loading on existing structure. Work to include design review and modifications to existing design documents. Compensation for Change Order # 2 $10,000.00. Total Contract value $115,299.00 IN WITNESS WHEREOF, the parties below have executed this Amendment. CONSULT THE CITY OF BREMERTON Exeltech Co ting, c. Print Name �'�% Print Nar e: Pa Lent Title: PP-9ai ►D,gw i Title- Mavor DATE T f=� 2- DATE Q PAGE -1- Exeltech Consulting Change Order # 2 EDA Award 07 -01 -06590 Yn Contract Number Vendor Sub�ect Department File Class Begin Date End Date Review Date Vault Date Comments 5005 EXELTECH CONSULTING, INC Park Avenue Plaza Phase II Econ Devel LEG 12-1 2/14/2011 12/31/2013 11/1/2013 � ; PROFESSIONAL SERVICES AGREEMENT Exeltech Consulting, Inc. for Park Avenue Plaza Phase II The Crty of Bremerton ("Crty") and Exeltech Consulting, Inc ("Consultant"), referred to collectively as the "Parties," enter mto the followmg Agreement for professional services I. Scope: The Consultant agrees to perform civil and structural engmeenng services to provide Schematic Phase, Design Development Phase and Construction Document Phase documents necessary for the attached Phase II Scope ofi Work (Attachment B) The Exact services will be as directed by the City's authorized representative Consultant represents that the services furnished under this agreement will be performed in accordance with generally accepted professional practices m effect at the time such services are performed II. Term: The City and the Consultant agree that work will begm on the tasks descnbed immediately upon execution of this Agreement The parties agree that the work will be completed m a timely fashion as directed by the City's authorized representative III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant m an amount not to exceed $95,000 00 Consultant's charges and bills shall conform to the fee schedule attached hereto as Attachment A and mcorporated herein by this 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 withm � the categones set out in the Scope of Work and/or Fee Schedule Upon receipt of a conformmg billmg statement, the Crty shall promptly process payment HOWEVER, the Crty reserves the nght to pnoritize scoped work and accelerate and/or delay work tasks as needed to mtegrate wrth Park Avenue Plaza Phase I and the Crty's schedule 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 If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought mto compliance Such withholdmg does not relieve Consultant of its obligations under this Agreement IV. Relationship of Parties: Consultant represents that it is skilled m the matters addressed m the Scope of Work and is performmg mdependent functions and responsibilities within its field of expertise Consultant and its 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 Crty's employees and other Consultants None of the benefits provided by the Crty to rts employees, mcludmg, but not limited to, compensation, msurance, and unemployment msurance 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 Bremerton/Exeltech Consultants, Inc Park Avenue Plaza Phase II Page 1 of 9 Consultant's agents, employees, representatives and sub-Consultants dunng the performance of this Agreement The City may, dunng the term of this Agreement, engage other mdependent Consultants to perform the same or similar work As an mdependent Consultant, Consultant is responsible for its own management The Crty's admimstration and enforcement of this Agreement shall not be deemed an exercise of managenal control over Consultant or its personnel As an mdependent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement These taxes and fees mclude but are not limrted to State mdustnal msurance, Busmess & Occupation, State professional licensing, and City busmess licensmg If any taxes or fees due the City have been declared delmquent, the City may withhold the delmquent amount, plus any additional charges ansmg from the delmquency, from any payments due Consultant V. Indemnification: Consultant shall defend, mdemmfy and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, in�unes, damages, losses or suits, ansmg out of or in connection with the performance of this Agreement, except for that portion of the m�unes and damages caused by the City's 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 indemmfication Should a court of competent �unsdiction determme that this Agreement is sub�ect to RCW 4 24 115, then, in the event of liability for damages ansing 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 WANER OF IMMUNITY UNDER INDUSTRIAL 1NSURANCE, 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 termmation of this Agreement VI. Insurance: The Consultant shall procure and mamtain for the duration of the Agreement, msurance agamst claims for m�unes to persons or damage to property which 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 Before begmrung work on the pro�ect descnbed in this Agreement, the Consultant shall provide a Certificate of Insurance evidencmg Bremerton/Exeltech Consultants, Inc Park Avenue Plaza Phase II Page 2 of 9 1. Automobile Liability msurance wrth hmrts no less than $1,000,000 combmed single limrt per accident for bodily in�ury and property damage, and 2. Commercial General Liabilit_y msurance wntten on an occurrence basis wrth limrts no less than $1,000,000 combined single limit per occurrence and general aggregate for personal m�ury, bodily in�ury 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 liabilrty, and 3. Excess Liability msurance with limits not less than 1,000,000 limit per occurrence and aggregate 4. Professional Liabilit_y msurance wrth hmrts no less than $1,000,000 limrt per occurrence/claim Any payment of deductible or self msured retention shall be the sole responsibility of the Consultant All required policies shall be provided on an "occurrence" basis except professional liabihty msurance (if required), which may be provided on a"claims-made" basis The City shall be named as an additional msured 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 msured shall be attached to the Certificate of Insurance The City reserves the nght to receive a certified copy of all the required insurance pohcies and endorsements The City 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 agamst whom claim is made or suit is brought, except with respects to the hmrts of the msurer's liabilrty The Consultant's insurance shall be pnmary msurance as respects the City and the City shall be grven thirty (30) days pnor wntten notice by certified mail, return receipt requested, of any cancellation, suspension or matenal change in coverage The City also reserves its unquahfied nght to require at any time and for any reason, proof of coverage m the form of a duplicate of the msurance policy with all endorsements as evidence of coverage VII. General Conditions: A Reports and Information When requested by the City, Consultant shall furnish penodic reports and documents on matters covered by tlus Agreement The reports and documents shall be furnished in the time and form requested Consultant shall maintain accountmg records m accordance with Generally Accepted Accounting Pnnciples (GAAP) to substantiate all billed amounts Bremerton/Exeltech Consultants, Inc Park Avenue Plaza Phase II Page 3 of 9 B Ownership and Use of Records and Documents Onginal documents, drawmgs, designs and reports, mcluding those m electromc format, developed under this Agreement are the property of the Crty All wntten mformation submrtted by the Crty to the Consultant m 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 relahng to rts own busmess If such mformation is publicly available or is already m Consultant's possession or known to it, or is nghtfully obtained by the Consultant from third parties, Consultant shall bear no responsibilrty for rts disclosure, madvertent or otherwise All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editmg, modifymg and updating as necessary until such time as the City is capable of stonng such mformation in the City's offices Duphcate copies of this mformation shall be provided to the City upon its request, and at reasonable cost All documents, includmg all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are mstruments of service with respect to the pro�ect and are the property of the City Any reuse by the City for other than the specific purpose mtended will be at Crty'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 uhlize 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 Entire Agreement This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, wntten or oral, that have not been set forth m the text of this Agreement E Severabilitv Should any part of this Agreement be found void, the balance of the Agreement shall remam in full force and effect F Modification This Agreement may only be modified by wntten mstrument signed by both Parties G Wntten 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 wntmg City Address Consultant Address Cit of Bremerton Bremerton/Exeltech Consultants, Inc Park Avenue Plaza Phase II Page 4 of 9 345 Sixth St , Suite 600 Bremerton, WA 98337 H Waiver Failure to enfor'ce any provision of this Agreement shall not be deemed a waiver of that provision Waiver of any nght or power arising out of this Agreement shall not be deemed waiver of any other right or power I Non-Waiver of Breach The failure of the Crty to msist upon stnct performance of any of the covenants and agreements contamed herein, or to exercise any option herein confened m one or more mstances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remam in full force and effect J Compliance with Laws Consultant shall comply with all applicable Federal, State, and local laws m performing its obligations under this Agreement K 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 ansing out of this Agreement shall be brought m Kitsap County Supenor Court L Attorneys' Fees In the event of litigation to enforce any of the terms or provisions herem, each party shall pay all its own costs and attorney's fees M Assi�nt Any assignment of this agreement by the Contractor without the wntten consent of the City shall be void VIII. Nondiscrimination: Consultant shall not discriminate m employment or services to the public on the basis of race, color, national ongm, sex, religion, age, mantal status, disabilrty, or sexual onentation except for employrnent actions based on bona fide occupational qualification IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by wntten mstrument upon mutual consent, or by the City of Bremerton for convemence This Agreement may be immediately termmated for cause by a Party if the other Party substantially fails to perform through no fault of the termmatmg Party Any Nohce by Consultant shall mclude a report showing the status of all items listed m the Scope of Work current through the terminahon date A Ri ng ts Upon Termmation In the event of termmation, the City shall pay for all services performed by the Consultant to the effective date of termmation, as descnbed on a final mvoice submrtted to the City After termmation, the Crty may take possession of all records and data wrthm the Consultant's possession pertaimng to this pro�ect wluch may be used by the City without restnction 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 Bremerton/Exeltech Consultants, Inc Park Avenue Plaza Phase [I Page 5 of 9 CITY OF BREMERTON By P Its N Date Bremerton/Exeltech Consultants, Inc Park Avenue Plaza Phase II Page 6 of 9 CONSUL ANT By ° �N 7�'C>E4 �tA�(J�lf L44 rts iR Si • � Date � � � ATTACHMENT A Hourly Rates o Structural pro� ect manager $130 00 o Structural designer $90 00 o Civil pro�ect manager / designer $110 00 o AutoCAD operator $75 00 Bremerton/Exeltech Consultants, Inc Park Avenue Plaza Phase II Page 7 of 9 The Consultant's services are limited to civil and structural services to f�lfill the Scope of Work below through the design phase of this pro�ect Construction Support Services are not included as part of this Scope of Work and can be supplemented ATTACHMENT B Scope of Work � j/ � l. Alley Utility Relocation: Remove overhead elecmcal telephones a�ld cornmunicat�on ut�lit�es and underground gas from alley runn�ng east and west fiom Pacific Avenue to Fark Ave»ue belween Fourth and Burwell Streets, 2. Consiruct AUey Surface Storm Drain: E�cavate, trench and nistall storm draro system �n the alley from Pacific Avenue coru�ectmg all drams and surface �vater and extendmg to Bun��e11 3. Construct Pedestrian Access and Al)ey Walkwa��: Des�gn, eslablish sub-grade, ra�se level of west end of alley, construct retam�ng wall, fill and construct pedestrian walkway m alley way 4. Fourth Street Utility Relocation and Pedestrian Arrienities: Des�gn, eacavate, trench, place utility vaults and p�ping for underground ut�lities moved from alley way Include necessary storm drains and san�tary sewer relocations and connect�ons, Des�gn, back fill, prepare sub-grade and �nstall pedestnan s�dewalk, curbs, gutters, planiing strip, trees, seat�i�g areas, bulb outs, l�ghting and spnnkler system on Fourth Street from Pazk Ave�iue to Pacific Avenue S. Faurth Street and Park Arlenue/Intersection: Des�gn and consi�tict Fourth St�eet and Parl. Avenue �ntersection at northwest comer of new plaza, �nstall�ng bulb outs, paving, pavers, curbs, �utters relocated fire hydrant, storm drain relocat�ons and ut�l�ty mod�fications 6. City Underground of Pump Station: Design and construct and relocate existing purnp stat�on ]ocated on south west corner of Park Avenue Plaza Pro�ect Ex�st�ng pump stat�on �s located �n pump room that is at corner of pro�ect and �s currently contrary to C�ty Sub Area Plan for new development 'The pump room will be demol�shed and the geneiator, scrubber room and electr2cal room w�ll be placed undergrovnd �n a new expanded sub-grade pump room Street ligl�t controls will be relocated to west side of Aark Avenue, bulb out w�il be adJusted to�vaid �vest, and s�te area wi]l be prepped fo� reta�l de��elopment 7. Park Avenue Electrical Relocation: Design and relocate ex�st�n� electi�cal transforn�er on east s�de of Park Avenue and �mmed�ately ad�acent to pump I�ouse Undergioui�d the utility and prep e��st�ng locat�on for further reta�l use and development 8. Park Avenue: Des�gn and constru�t surface area, s�dewalks, cu�bs, gutteis planting st»ps trees, ]igiit�ng and sprinl.ler system to C�ty standa�ds on Park Avenue fiom Burwell to Fourth St�eet y. Vehicle Plug in Stations: Design and install smart velucle elect>>ca) stat�on (app�ox�mately 10) ins�de new Parl� Avenue Pla�a L3rcircrton�E�eltech Consul,anis In� Pdi6 Avenuc Plara Phesc 11 Pa�e S of 9 10 Parking Garage Cladd�ng Design and install cladding, siding, granng, brick work and exterior stairways for new Park Avenue Parlcing garage 11 Park Avenue Plaza Landscap�ng. Design and install, subsoil, topsoil, trees, shrubs, ground cover, sprinkler system, hghttng and seatmg on south, west, and north sides of new Park Avenue Plaza Parktng structure 12. Parking Garage Top Level Plaza Publ�c Space Development. Design and install on roof surface of parkuig garage, fencuig, electnc, fuush surface, hghttng, entrance walkway, stairs and seaung Bremenon/Exc�ted-I Consultants, Inc Park A� enue Plan Phase i t Page 9 of 9