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HomeMy WebLinkAbout5022Contract �umber: Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5022 TERRACON CONSULTANTS, INC. Inspection Services Park Avenue Plaza Phase 1& Phase II Econ Devel LEG 12-1 4/18/2011 12/31/2011 11/1/2011 Comments: Estimate on Ending Date by Clerk a a a - u - a PROFESSIONAL SERVICES AGREEMENT Terracon Consultants, Inc. for Park Avenue Plaza Phase Ii The City of Bremerton ("City") and Terracon Consultants, Inc. ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Seope: The Consultant agrees to perform inspection Services for Park Avenue Plaza Fhase I remaining and Phase II. The exact testing service shall be as d�rected by the City of Bremerton Project Manager II, Term: The City and the Consultant agree that work will begm on the tasks described immediately upon execution of this Agieennent. The parties agree that the work will be completed in a timely fashion as directed by the Crty's authorzzed representative. III. Com�ensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $99,900.00. Consultant's char�es and b�Ils shall conform to the fee schedule attached hereto as Attachme���d incorporated herein by� this reference � ��� The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descript�ons shali conform to and fail within the categocies set out in the Scope of Work and/or Fee Schedule Upon receipt of a conforming billmg statement, the City shall promptly process payment. HOWEVER, the City reserves the right to prior�tize scoped work and accelerate andJor delay work tasks as needed to integrate with Park Avenue Plaza Phase � and the City'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 modafied pursuant to this A�reement If a billing statement 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 1V. Relationship of Parties: Consultant represents that it is skilled m the mattec�s addressed in the Scope of Work and �s performing independent functians and responsibilities withm its field of expertise. Consultant and its personnel ac�e independent Consultants and not employees of the City. Consultant and its personnel have na 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, msurance, and unemployment insurance are available from tk�e City to the employees, agents, representatives, ar sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consuttant's agents, employees, representatives and sub-Consultants during the performance of this A�reement The City may, dur�ng the term of this Agreement, engage other independent Consultants to perform the same or similar work. Brcmerton/lercacon Consultants, inc Park Avenue Pla� Phase 11 Pa�e l of b s. � a - a - n, As an independent Consultant, Consultant is responsible for rts own management. The City's administration and enforcement of this Agreement shall not be deemed an exerc�se of managerial control over Consultant or its personnel As an �ndependent Consultant, Consultant is responsibie 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 ta State industrial msurance, Business & Occupation, State professional licensing, and City business Iicensing 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, sn�uries, damages, losses or suits, arisin� out of or m connection with the performance of this Agreement, except for that portion of the m3uries and damages caused by the City's negligence. The City's review or acc�ptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnr�cation , , in the event of liability for damages arising out of bodily inJury to persons ���� or damages to property caused by or resuiting from the concurrent negligence of the Consultant and the C�ty, its offieers, officials, employees, agents and volunteers, the Consultant's l�ability hereunder shall be only to the extent of the Consultant's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFTCATION PROVIDED HERETN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSUR.ANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUAL,LY NEGOTIATED THIS WAIVER. The provisions of this sect�on shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and ma.intain 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 performance of the work hereunder by the Consuitant, its agents, representatives, employees, sub-consultants or sub-Consultants Before beginning work on the pro�ect described in this Agreement, the Consultant shall provide a Certificate of Insurance evidenein�: 1. Automobile Liabilitv insurance with limits no less than $1,000,004 combined single timit per accident for bodity injury and property dama�e; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single timit per occurrence and general aggre�ate for persunal injury, bodily injury and property damage. Coverage shall �nclude but not be B�+emerton/"fer�acon Consuttants, inc Park Avcnue Pta�� �'hase 11 Pa�e 2 of 6 �a - R � �L limited to� blanket contractual, products/corr►pteted operations/broad form property damage, explosion, callapse and underground {XCU) if applicable, and employer's hability, and 3. Excess Liabelitv insurance wrth limits not less than 1,000,000 limrt per occurrence and aggregate 4. Professiona! Liabitiiv insurance v�nth limits no Iess than $1,000,000 limrt per occurrence%laim. Any payment of deductible or self insured retent�on shalI be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professronal liability insurance (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 insuranee 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 insuied shali be attached to the Cert►ficate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements The City �urthei reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liabil�ty 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 iiability 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 eertified mail, return receipt requested, of any cancellation, suspension or material change in coverage The City also reserves its unqualified iight to require at any time and for any ceason, proof of coverage in the form of a duplicate of the insurance policy with all endorsernents as evidence of coverage VII. General Conditions: A. Reports and Information• When requested by the City, Consultant shall fiu�nish periodic reports and documents on matters covered by thts Agreement. The reports and documents shalI be furnished in the time and form requested Cansultant shall maintain accounting records in accordance with Generally Accepted Accaunting Prine�ples (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 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 I3remertoniTerracon Consullanls, [nc Park Avenue Plaz.a Phase (I Page 3 of 6 ,. - .. - .. information relating to �ts own business If such information is publicly avaiiable 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 Consultant shall make such data, docutnents, and files available to the City upon zts request at a!1 reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of stonng such information in the C�ty's offices Duplicate cop�es of this information shall be provided to the City upon its request, and at reasonable cost. All documents, incIudmg all reports, drawings, specifications, computer software or other items prepated or furmshed by Consultant pursuant to this Agreement, are instruments of service with c�espect 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 risk C. Work Performed at Consultant's Risk Consultant shall take ail pcecautions 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 sha11 be responsible for any loss of or damage to materials, tools, or other articies used or hetd for use in connection w�th the work. D. Entiie Aereement. This Agreement and its Exhib�ts constitutes the entire a�ieement 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 E Severabilitv: Should any part of this Agreement be found void, the balance of the Agreement shatl remarn in full force and effect. F. Moclification• This Agreement may only be modi�ed by written instrument signed by both Parties. G Written Notices All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or lst class mail, or by personal seiv�ce, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreernent or such other address as may be hereafter specified in writing. Ctty Address City of Bremerton 345 Sixth St., Su�te 600 Bremerton, WA 98337 Consultant Address Terracon Consultants Inc 215 South Sb` St , Su�te 405 TacQma_WA 98409 � liremenon/1'erracon Consultants, lne 1'ark Avenue Plaza Phase f I Page 4 of 6 L M A, H Waiver Fa�Iure to enforce any provision of th�s Agreement shall not be deezned a waiver of that provision. Waiver af any r►ght or power arismg aut of this A�reement shall not be deemed waiver of any other � ight or power I Non-Waiver of Breach. The failure of the City to insist upon strict pet�formance of any of the covenants and agreements contained herem, or to exerctse any option herein conferred in one or more instances shall not be construed to be a wa�ver or relinquishznent of said covenants, agreements or options, and the sanne shalt be and remain in full force and effect J. Compliance with Laws Consultant shall comply w�th ali applicable Federal, State, and local laws in performing its obli�ations undei this Agreement K Choice of Law and Venue This Agreement shall be mterpreted according to the laws of the State of Washington Any �udicial action to resolve disputes arising out of this Agreement sha(1 be brought in Kitsap County Superror Court. L Attorneys' Fees: In the event of litigation to enforce any of the terms or piovisions herein, each party shall pay all its ow�n costs and attorney's fees M Assi nment. Any assignment of this agreement by the Contractor without the written consent of the City shail be void. VIII. Nondiscrimination: Consultant shall not discriminate in employnnent or services to the public on the basis of race, coloi, na.tional origin, sex, religion, age, ma►rtal status, disability, or sexual orientation except for employment act�ons based on bona fide occupational qualtfication. IX. Termination: This Agreement shall remain in force until completion and accegtance of the services, terminated by wr�tten instrument upon mutual consent, or by the City of Biemerton for convenience. This Agreement may be innmediately terminated for cause by a Party if the other Party substantially fa�ls to perfoi�rn through no fault of the termmating Party. Any Notice by Consultant shall include a report showing the status of a!t items listed in the Scope of Work current through the te�m�nation date. A. Ri�hts Upon Term►nation. In the event of termination, the City shall pay for all services performed by the Consultant ta the effective date of terminat�on, as described on a final invoice submitted to the City After termination, the City may take possession of all iecords and data vinthin the Consultant`s possession pertaimng to th�s project which may be used by the City without restriction Any such use not related to the pro�ect which Consultant was contracted to perfozm shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON CONSULTANT � ,( ���-�,�. �� ,� 4�-� ; T t By. Patt nt g j y� -- - - Its: Ma o _ its•_d�� � �,�„ � Date. 4— /�— / Date• 3,��5�Le� RremertoMerracon Consultants, !nc Park Avenue Ai�� Phase t[ Page 5 of 5 ATTACHMENT A Pe� Rate Field Engineer $ 85 00/hr Pro�ect Manager $130.00/hr Clerical Trip Charge $ 50 001hr $100 00/day [3remerton/7 errs�con Consaltants, Inc Pnrk Avenue Plnza Phase I[ Page 6 of 6 �rr�con ATTACHMENT B Special Inspections & Construction Materials Testinq Field Services Soils Technician Reinforced Concrete Special Inspector Reinforced Masonry Special Inspector Post-tension Special Inspector Structural Steei Special Inspector Trip charge (all inclusive trip charge fee) Laboratory Testing Compressive strenth of concrete cylinders Compressive strenth of masonry mortar & grout Compressive strenth of masonry units Project Management Pro�ect Manager Cierical Rate $54 00/hr $54 00/hr $54 00/hr $54 00/hr $60 00/hr $100 00/hr $15/each $15/each $95/each �130/hr $50/hr Overtime/Minimum/Rush Charges If required, hours worked on any pro�ect in excess of eight hours per day, before 7 00 a m or after 5 00 p m, or on weekends, will be charged at 150% of the regular hourly rate, unless special arrangements are agreed upon in advance Work on national holidays and Sundays may be charged at an additional premium depending on the pro�ect A min�mum of four hours will normally be charged per site visit �� Terracon Consultants, Inc Address City, State Zip "�� P[000] 000 0000 F[000] 000 0000 terracon com