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HomeMy WebLinkAbout5045Contract Number: Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5045 CROSS ENGINEERS, INC. City Pro�ect 4474 Modular Building at 100 Oyster Bay Public Works LEG 12-1 6/21/2011 11/1/2011 12/1/2011 Comments : PROFESSIONAL SERVICES AGREEMENT City Project #4474 — Modular Building at 100 Oyster Bay The Crty of Bremerton ("Crty") and Cross Engineers, Inc ("Consultant"), referred to collectively as the "Parties," enter into the followmg Agreement for professional services I. Scope: The Consultant agrees to perform the services more specifically descnbed in the Scope of Work, dated June 21, 2011, includmg any attachments thereto, attached hereto as Exhibit A, which is mcorporated by reference herem 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 Crty Consultant further represents that the services furmshed under this Agreement will be performed m accordance with generally accepted professional practices m effect at the time such services are performed II. T'erm: The City and the Consultant agree that work will begm on the tasks descnbed in Exhibrt A immediately upon execution of this Agreement The parties agree that the work descnbed m Exhibit A is to be completed by September 1, 2011, provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of tlus agreement III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant m an amount not to exceed $2,500 00 Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit B and mcorporated herem by this reference The Consultant shall submit regular billing statements detailmg 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 conformmg billmg statement, the City shall promptly process payment PROVIDED, HOWEVER, the City reserves the nght to pnontize scoped work and accelerate and/or delay work tasks under the time frame set forth m Section II herein The Consultant's labor rates and billmg fees shall be as delmeated m Exhibrt B 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 Consultant shall only be compensated for addrtional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be m accordance wrth Exhibrt B If a billmg statement does not conform to this Agreement, the Crty may wrthhold payment until the statement is brought mto compliance Such wrthholding does not relieve Consultant of its obligations under this Agreement Bremerton/Cross Enganeers, Inc Modulczr Bucldang at 100 OysteY Bay Pccge 1 of 6 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed m the Scope of Work and is performing �ndependent functions and responsibilities within its field of expertise Consultant and rts 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, mcludmg, 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, representahves and sub-Consultants dunng the performance of this Agreement The Crty may, dunng the term of this Agreement, engage other mdependent Consultants to perform the same or similar work As an independent Consultant, Consultant is responsible for its own management The City's admmistration and enforcement of this Agreement shall not be deemed an exercise of managenal control over Consultant or its personnel As an independent Consultant, Consultant is responsible for payment of all taxes and licensmg fees necessary to perform its obligations under this Agreement These taxes and fees mclude but are not hmrted to State mdustnal msurance, Busmess & Occupation, State professional licensmg, and Crty busmess licensmg If any taxes or fees due the Crty have been declared delmquent, the Crty may wrthhold the dehnquent amount, plus any addrtional charges arismg from the delmquency, from any payrnents 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, m�unes, damages, losses or suits, mcludmg all legal costs and attorney fees, ansmg out of or m connection with the performance of this Agreement, except for that portion of the m�uries 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 mdemnification Should a court of competent �unsdiction determine that this Agreement is sub�ect to RCW 4 24 115, then, m the event of liability for damages ansing out of bodily in�ury 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 1NDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER 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 Bremerton/Cross Enganeers, Inc Moclular Bualding at 100 Oyster Bay Pctge 2 of 6 VI. Insurance: The Consultant shall procure and mamtam for the duration of the Agreement, msurance against claims for m�unes to persons or damage to property which may anse from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants Before begmmng work on the pro�ect descnbed m this Agreement, the Consultant shall provide a Certificate of Insurance evidencmg 1. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim 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 Crty 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 msurance policies 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 statmg that coverage shall apply separately to each msured agamst whom claim is made or suit is brought, except with respects to the limits of the insurer's liability The Consultant's msurance shall be pnmary msurance as respects the City and it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473- 5161, or by certified mail, return receipt requested to City of Bremerton, attn Risk Management, 345 6 Street, Suite 600, Bremerton, WA 98337 withm two days of the cancellation, suspension or substantive change of any msurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement The City also reserves its unqualified 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 this Agreement The reports and documents shall be furnished in the time and form requested Consultant shall maintain accounting records m accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts Bremerton/Cross Enganeers, Inc Moclular Bualdang at 100 Oyster Bay Puge 3 of 6 B Ownership and Use of Records and Documents Original documents, drawmgs, designs and reports, mcludmg those m electronic format, developed under this Agreement are the property of the City All wntten information submitted by the City 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 mformation relatmg to rts own busmess If such mformation is publicly 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 m Tacoma, Washmgton Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editmg, modif}nng and updatmg as necessary until such hme as the City is capable of stonng such mformation in the City's offices Duplicate copies of this mformation shall be provided to the City upon its request, and at reasonable cost All documents, mcludmg all reports, drawmgs, specifications, computer software or other rtems 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 City's sole nsk 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 m 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 Place of Work The Consultant shall perform the work authonzed under this Agreement at its offices m Tacoma, Washington Meetings with the City staff as descnbed m 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, wntten or oral, that have not been set forth m the text of this Agreement F Severabilitv 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 mstrument signed by both Parties H Wntten Notices All commumcations regarding this Agreement shall be sent to the parties at the addresses listed below by registered or lst class mail, or by personal service, and Bremerton/Cross Enganeers, Inc Moclular Bualdang at 100 Oyster Bay Page 4 of 6 shall be deemed sufficiently grven if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing Crty Address 345 6` Street Bremerton, WA 98337 Consultant Address 6509 6�" Avenue Tacoma, WA 98406 I Waiver Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision Waiver of any nght or power ansmg out of this Agreement shall not be deemed waiver of any other nght or power J Non-Waiver of Breach The failure of the City to msist upon stnct performance of any of the covenants and agreements contained herein, or to exercise any option herem conferred 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 m full force and effect K Compliance wrth 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 This Agreement shall be interpreted accordmg to the laws of the State of Washington Any �udicial action to resolve disputes ansing out of tlus Agreement shall be brought m Kitsap County Supenor Court M Attorneys' Fees In the event of lrtigation to enforce any of the terms or provisions herem, each party shall pay all its own costs and attorney's fees N Assignment Any assignment of this agreement by the Contractor without the wntten consent of the Crty shall be void VIII. Nondiscrimination: Consultant shall not discnminate in employment or services to'the public on the basis of race, color, national ongm, sex, religion, age, mantal status, disability, or sexual onentation 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, termmated by wntten mstrument upon mutual consent, or by the Crty 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, and the non- performing Party does not commence correction of the failure of performance withm thirty (30) days of the termmatmg Party's sendmg notice to the non-performmg Party Any Notice by Consultant shall mclude a report showmg the status of all items listed m the Scope of Work current through the termination date If the City receives reimbursement by any federal, state, ar other source for work descnbed in Section I herein, and that funding is withdrawn, reduced ar limrted m any way, or the pro�ect is cancelled or substaritially reduced after the execution date of this Agreement and pnor to the completion of the work, the City may summanly termmate this Agreement Bremerton/Cross Enganeers, Inc Modular Bualdang at 100 Oyster Bay Page 5 of 6 A Excusable Delays• The nght of Consultant to proceed shall not be termmated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to• 1) any acts of the federal government in controllmg, restncting, or requisitiomng materials, 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 causmg such delay, and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that aze beyond the control and vv�thout the fault or negligence of the Consultant, includmg, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual seventy PROVIDED, HOWEVER, that the Consultant must promptly notify the Crty vv�thul ten (10) calendar days m wrrtmg 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 Crty shall, in writing, extend the time for completuig the work for a penod of tune commensurate wrth the penod of excusable delay. B. Ri h� t�pon Termination In the event of termination, the City shall pay for all services performed by the Consultant to the effechve date of termination, as descnbed on a fmal invoice subrrutted to the Crty. After termmahon, the Crty may take possession of all records and data within the Consultant's possession pertairung to tlus pro�ect wluch may be used by the Crty wrthout restnction Any such use not related to the project wlv.ch Consultant was contracted to perform sha11 be wrthout liabilrty or legal exposure to the Consultant. CITY OF BREMERTON B ' p�� C�n rts- n:..,.,.��_ �,•-�5 �or Date laswl 2qll CONSULTANT ����� By � - Wi�n��'�✓��`h rts �, irG 9'� Date �-2 y- �.v/J Approved as to form Bre rton City Attorney BremertonlCross Enganeers, Inc Modular Bualdang at 100 Oyster Bay . % I� / �G��JL � Page 6 of 6 . T ve . ��� � , � * '.. . ., � : � ' s ' : , ' ..,, ; - � j t �' � � � S � r � �"� S ° �� Y "� �'• � � �`�.�. t. June 21, 2011 City of Bremerton Attn Gunnar Fndnksson, P L S 3027 Olympic Dnve Bremerton, WA 98310 RE• Evaluate Electrlcal Service and Make Recommendations Mr Gunnar Fndriksson We welcome tMe opportunity to offer our engineenng and design services for your consideration From our site walk through we understand the workscope to be as follows Scope of Work: 0 Review existmg Puget Sound Energy (PSE) peak demand readingsover the past 12 month perrod to determme avadable spare capacity on existing 400A, 480V, 3Ph, Building 100, electncal service, ad�usted to include power factor a Determme estimated peak demand load of ad�acent maintenance budding which wdl be removed from the Buddmg 100 electncal service in the near future e Based on square faotages of the new isi and 2^d floor office spaces determme the future peak demand load requirements on the existing 400A, 480V, 3Ph, Budding 100, electrical service Provide recommendations for Budding 100 electrical service to remain as is or increase in size If increase is recommended provide suggested service size, feeder, circuit breakers, ATS and generator requirement5 o Meet with Owner to discuss calculations and recommendations Proposed Fee: For this work we propose a lump sum fee of $2,192 00 Schedule: Final calculations and recommendations can be provided five (5) days after notice to proceed and receipt of PSE demand load information Please contact my office if there are additional scope items or questions We look forward to your favorable review and the opportunity to work with the City of Bremerfon incerely, �� Gene L. Wentworth Prmcipal Cross Engineers, Inc 6509 6+h Avenue, Tacoma, WA 98406' Phone (253) 759-0118 ,� € `� � �� �� s�i _ ��� � � � ��� ' �i a ��:��r ;��� �i ��s � � g 3 3S? e�- �� �'.:d »t.ti Cross Engtneers, Inc. BILLIiVG RATES Engineer I (PE) Engineer II Designer I Drafterl Clericai 6509 6�� Avenue, Tacoma, WA 9844b * Phone (253) 759-0118 Hourlv $146 00 $132 00 �sa o0 �54 00 �57 00 :��:Q � �°; � �,: w• ►• a e � iY •• i