HomeMy WebLinkAbout5047 Contract Number: 5047
Vendor: LORAX PARTNERS, LLC
Subject: Park Avenue Plaza Garage Project Management Phase IIA
Department: Econ Devel
File Class: LEG 12 -1
Begin Date: 7/26/2011
End Date: 6/30/2012
Review Date: 4/30/2012
Vault Date:
Comments: Modifaction #1 2/15/12
PROJECT MANAGEMENT
PARK AVENUE PLAZA GARAGE — PHASE TWO
Phase II A
Modification # 1 TO AGREEMENT, is entered into between the City of Bremerton, a
Washington Municipal Corporation ( "City "), and Lorax Partners LLC ("PM'— Project Manager)
The parties agree to the following
1. For Phase H A - Adjustment to Fee for work for Pump House, relocation of
PSE switches, alley modifications including PSE undergrounding, garage cladding on 4
Street.
A Increase project management fee by Eighteen Thousand Dollars ($18,000 00) for
services to be provided in 2012 Payments of $6,000 00 per month starting
January 2012
B Recap of fee — Agreement $90,000 00 plus Modification #1 $18,000 00 Total fee
equals $108,000 00
IN WITNESS WHEREOF, the parties below have executed this Amendment
LORAX ;PARTNE S LLC THE CITY OF BREMERTON
oe
ignature Signa
Print Name Print Name Patty Lent
Title Title Mayor
DATE 2•'j �� DATE /VZ
PAGE - 1 -
Lorax Partners LLC EDA Award 07 -01 -06590
Modification # 1
Contract Number:
Vendor:
Sub� ect :
Department:
File Class:
Begin Date:
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5047
LORAX PARTNERS, LLC
Park Avenue Plaza Garage Pro�ect Management Phase IIA
Econ Devel
LEG 12-1
7/26/2011
7/1/2011
8/1/2011
Comments :
PARK AVENUE PLAZA GARAGE
PROJECT MANAGEMENT
PHASE II A
AGREEMENT
Tlus professional services agreement is entered into between the City of Bremerton
("Crty") and Lorax Partners, LLC ("PM" — Pro�ect Manager") as follows
1. SCOPE OF WORK- PHASE II A:
a. Design, bid management and construction oversight for,
i) Undergrounding of pump station at SE corner of Burwell and Park
Avenue
ii) Partial same location undergroundmg, and part�al relocation of Puget
Sound Energy transformers and switches currently located at grade level on east
side of Pazk Avenue north of Burwell Street, to location on west side of Park
Avenue near Fourth Street
iii) Alley elevation modification south of United Way
iv) Alley utilrty relocahon mcludmg PSE, telephone, commumcation, alley
surface storm drain design and installation, pedestnan and vehicular surface
amemties including concrete, pavers, and lighting.
v) Parking garage cladding design and construction
vi) Design, construction and mstallation mterfacmg between Parki.ng Garage
construction (Phase I pro�ect) and Phase II (Scope 1-12) design and construction
b Construction Drawings PM shall cause the Architect and other design
consultants to prepare the Construction Drawmgs and Detailed Specifications for the
Project for the City's Project Manager's review and approval The intenrion of the parties
is to cooperate m good farth to provide a completed design wluch meets all Requirements
of Law and is consistent wrth all Pro�ect design and cost requ�rements and the building
quality reflected therem
c The PM shall oversee all design work done by the Arclutect, Engineer, Inspection
Services and other design professionals for the design and development PM shall
expedrtiously review design documents dunng the�r development and advise on proposed srte
use and unprovements, selection of matenals, builduig systems and eqwpment and methods of
Pro�ect delivery PM shall provide recommendations on construction methods, availabilrty of
matenals and labor, and tune reqlurements for, u�stallat�on, construchon and factors related to
construction costs mcludmg, but not lunited to, costs of alternative designs or materials,
budgets and possible econorrucs
Bremerton/Lorax Partners, LLC
Park Avenue Plaza Garaee Phase II-B
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d. PM shall lead the procurement of the bidding process for Phase II (A) phased
work, establish bidding procedures, issue bidding documents to bidders, conduct pre-bid
conferences vv�th prospective bidders and field questions from bidders and issuance
addenda as necessary Work with the Crty's Special Pro�ects Admirustrator on the future
contract document
e. In consultation vv�th the Special Pro�ect Admuustrator, the PM shall oversee the
course of construction and shall conduct such mspections and testing of work to u�sure that the
work of each Contractor is bemg performed m substantial accordance vv�th the reqiurements of
the Contract Documents in a good and workmanlilce manner, free of defects and deficiencies
in work, and free and clear of all hens The PM shall re�ect all work wluch does not conform
to the reqwrements of the Contract Documents and cause corrective action to be taken
f. The PM shall and unplement procedures for the review and processing of
applicat�ons by Contractors for progress and final payments
g The PM shall secure final close out mformation from the contractors to mclude
but not be limrted to warranries, as-built drawings, lien releases, etc
2. SCHEDULE: Commence work dating January 1, 2011 until completion of
construction
3. DISTRIBUTION OF COSTS AND PAYMENT SCHEDULE: The distribuhon
of fees and payment schedule is as follows with reimbursable expenses paid m addition,
directly by the City
The total fee for services will be Nmety Thousand Dollars ($90,000)
• Payments of $15,000 per month for 6 months
The PM shall subrrut regular billing statements Upon receipt of a conforming
billmg statement, the City shall promptly process payment PROVIDED, HOWEVER, the
Crty reserves the nght to pnontize scoped work and accelerate and/or delay work tasks
PM shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensations is modified in
wrrtmg signed by the Crty
4. PROVIDED BY OTHERS: The followmg are excluded from PM Scope of
Services
• Surveying
• As-built or record drawmgs
• Geotechmcal Consultants
Bremerton/Lorax Partners, LLC
Park Avenue Plaza Gara�e Phase II-B
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• Construction and mstallation
• Sales tax or any other applicable taxes
• Special permits and fees
• Testing and Inspection
5. INSURANCE: PM shall procure and mamtam for the duration of the Agreement,
insurance against claims for m�uries to persons or damage to property wluch may anse
from or in connection wrth the performance of the work hereunder by the PM, its agents,
representatives, employees, sub-consultants or sub-Consultants
Before begmning work on the pro�ect descnbed m this Agreement, the PM shall
provide a Certificate of Insurance evidencmg
Automobile Liabilitv msurance with limrts no less than $1,000,000 combmed
single limrt per accident for bodily in�ury and property damage, and
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
Excess Liabilitv insurance v�nth limrts not less than 1,000,000 limrt per occurrence
and aggregate.
Professional Liabilitv insurance wrth limits no less than $1,000,000 limrt per
occurrence/claim.
Any payment of deductible or self msured retenhon shall be the sole responsibilrty
of the PM
All required policies shall be provided on an "occurrence" basis except professional
liability msurance (if required), wluch may be provided on a"claims-made" basis
The City shall be named as an addrtional msured on the Commercial General
Liabilrty insurance policy, as respects work performed by or on behalf of the Consultant
and a copy of an endorsement that is acceptable to the Crty, which names the City as an
addrtional insured shall be attached to the Certificate of Insurance The City reserves the
nght to receive a certified copy of all the requ�red msurance policies and endorsements
The Crty further reserves the nght to re�ect any unacceptable policies and/or endorsements
The PM's Commercial General LiabiliTy msurance shall contam a clause statmg
that coverage shall apply separately to each msured against whom claim is made or surt is
brought, except wrth respects to the limrts of the msurer's liabilrty
The PM's msurance shall be pnmary insurance as respects the City and the Crty
shall be given thirty (30) days pnor wntten notice by certified mail, return receipt
requested, of any cancellation, suspension or matenal change m coverage
The City also reserves rts unqualified nght to require at any time and for any
reason, proof of coverage in the form of a duplicate of the msurance policy with all
endorsements as evidence of coverage
Bremerton/Lorax Partners, LLC
Park Avenue Plaza Garaee Phase I[-B
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6. ADDITIONAL TERMS: PM represents that the services furrushed under this
Agreement will be performed in accordance wrth generally accepted professional practices
m effect at the time such services are performed
PM represents that rt is slcilled m the matters addressed in the Scope of Work and is
performmg mdependent functions and responsibilrties witlun rts field of expertise PM and
its personnel are independent Consultants and not employees of the City. PM and rts
personnel have no authonty to bind the City or to control the City's employees and other
Consultants None of the benefits provided by the Crty to its employees, mcludmg, but not
limited to, compensarion, msurance, and unemployment msurance are ava.ilable from the
City to the employees, agents, representatives, or sub-Consultants of the Consultant PM
will be solely and enhrely responsible for its acts and for the acts of 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, PM is responsible for rts own management
As an independent Consultant, PM is responsible for payment of all taxes and
licensmg fees necessary to perform rts obligations under this Agreement These taxes and
fees may include but are not limited to State industrial insurance, Busmess & Occupation,
State professional licensmg, and City busmess licensmg If any taxes or fees due the Crty
have been declared delmquent, the Crty may withhold the delinquent amount, plus any
additional charges ansing from the delinquency, from any payments due Consultant
All communications regardmg 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 tlus Agreement or
such other address as may be hereafter specified in wrrting
City Address
345 Sixth Street. Ste 600
Bremerton, WA 98337
PM Address
101 Stewart Street. #358 `
Seattle. WA 98101
Failure to enforce 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 nght or power
The failure of the City to msist upon stnct performance of any of the covenants and
agreements contained herem, or to exercise any option herein conferred m one or more
mstances shall not be construed to be a waiver or relmquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect
Bremerton/Lorax Partners, LLC
Park Avenue Plaza Garage Phase [I-B
Pg 5 of 6
Consultant shall comply with all applicable Federal, State, and local laws in
performmg rts obligations under this Agreement
Choice of Law and Venue This Agreement shall be mterpreted accordmg to the
laws of the State of Waslungton Any Judicial action to resolve disputes arismg out of tlus
Agreement shall be brought m Kitsap County Supenor Court
Erther Party may terminate tlus Agreement by sending a wntten nohce In the event
of such termmation, PM will be entrtled to receive payment for all work performed to the
date of the termination, and PM vv�ll refund any money that they may have received in
advance of work that they and for their consultants have not performed up to the time of the
termmation Nerther party will be liable for mdirect, consequential or pwutive damages,
nor for lost profits Upon termination, the Crty has the right to assume any and all
subcontracts of PM on the pro�ect and ownership of all matenals generated therem
The provisions of tYus Agreement axe severable and the mvalidrty of any provision
of this Agreement will not affect the validity of the remairung provisions of this
Agreement No failure or delay of erther party to exercise any power given under this
Agreement or to msist upon stnct compliance by the other party of any obligations will
constrtute a waiver of any of the party's nghts to demand exact compliance with the terms
of this Agreement
This Agreement will be bmdmg on the heirs, executors, administrators, successors
and assigns of the respective parties
This Agreement contains the complete agreement and understandmg between the
parties and supersedes all pnor oral or written proposals, agreements or commurucations
with respect to the sub�ect matter of this Agreement This Agreement may only be
modified m wnting signed by both parties.
Any mdividual signing tlus Agreement on behalf of an entity, represents and
warrants that they have the authonty to execute tlus Agreement and that this Agreement
will be bmdmg
CITY OF BREMERTON
Signed
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Title
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Date
BremeRon/Lorax Partners, LLC
Park Avenue Plaza Garage Phase II-B
Pg 6 of 6
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