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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: End Date: Review Date: Vault Date: 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 Pg 2 of 6 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 Pg 3 of 6 • 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 Pg4of6 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 9�r � �R- Title 7-2� -- �( Date BremeRon/Lorax Partners, LLC Park Avenue Plaza Garage Phase II-B Pg 6 of 6 LO S � Signe �,��'f7�E(z Title �� Date