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
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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
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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
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PAGE -1-
Exeltech Consulting
Change Order # 2 EDA Award 07 -01 -06590
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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
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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
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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
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