HomeMy WebLinkAbout5048 Contract Number: 5048
Vendor: LORAX PARTNERS, LLC
Subject: Park Avenue Plaza Garage Project Management Phase IIB
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: Modificaiton #1 2/17/12
PROJECT MANAGEMENT
PARK AVENUE PLAZA GARAGE — PHASE TWO
Phase II B
Modification # 1 TO AGREEMENT, is entered into between the City of Bremerton, a
Washington Municipal Corporation ( "City "), and Lorax Partners LLC ( "PW' — Project Manager)
The parties agree to the following
1. For Phase H B — Adjustment to Fee for work on 4 Street, intersection of Park
and 4' Street, landscaping and site landscaping
A Increase project management fee by Twelve Thousand Dollars ($12,000 00) for
services to be provided in 2012 Payments of $4,000 00 per month starting
January 2012
B Recap of fee — Agreement $60,000 00 plus Modification # 1 $12,000 00 Total fee
equals $72,000 00
IN WITNESS WHEREOF, the parties below have executed this Amendment
LORAX PARTNERS LLC THE CITY OF BREMERTON
Signature tl Signature
Print Name 00WO f %A Print Name PgM Lent
Title Title Mayor
DATE 27 -12 DATE
PAGE -1-
Lorax Partners LLC EDA Award 07 -01 -06590
Modification # 1
Contract Number:
Vendor:
Sub�ect:
Department:
File Class:
Begin Date:
End Date:
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Vault Date:
5a4s
LORAX PARTNERS, LLC
Park Avenue Plaza Garage Pro�ect Management Phase IIB
s
Econ Devel
LEG 12-1
7/26/2011
7/1/2011
8/1/2011
Comments :
PARK AVENUE PLAZA GARAGE
PROJECT MANAGEMENT
PHASE II B
AGREEMENT
Tlus professional services agreement is entered mto between the Crty of Bremerton
("Crty") and Lorax Partners, LLC ("PM" — Pro�ect Manager") as follows
1. SCOPE OF WORK:
a. Design, bid management and construction for Phase II work mcludmg
i) Fourth Street (Pacific to Pazk Avenue) pedestnan amemties (lights, utility
modification, sidewalks, street improvements, street scaping)
ii) Fourth Street and Park Avenue mtersection design and construction
management
iii) Pazk Avenue street scaping
iv) Vehicle plug-ms
v) Site landscape
b Construction Drawmgs PM shall cause the Archrtect and other design
consultants to prepare the Construction Drawings and Detailed Specifications for the
Pro�ect for the City's Pro�ect Manager's review and approval The mtention of the parhes
is to cooperate m good faith to provide a completed design which meets a11 Requirements
of Law and is consistent wrth all Pro�ect design and cost requirements and the buildmg
quality reflected therein
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
expedit�ously review design documents durmg their development and advise on proposed srte
use and improvements, selection of matenals, building systems and equipment and methods of
Pro�ect delivery PM shall provide recommendat�ons on construcnon methods, availabilrty of
matenals and labor, and tune reqiurements for, uistallahon, construction and factors related to
construction costs mcluduig, but not limited to, costs of alternative designs or matenals,
budgets and possible economics
d. PM shall lead the procurement of the bidding process for Phase II (B) phased
work, establish biddmg procedures, issue biddmg documents to bidders, conduct pre-bid
conferences with prospective bidders and field questions from bidders and issuance
addenda as necessary Work with the City's Special ProJects Admmistrator on the future
contract document
e. In consultation wnth the Special Pro�ect Administrator, the PM shall oversee the
course of construction and shall conduct such uispections and testuig of work to msure that the
work of each Contractor is bemg performed in substanhal accordance with the requirements of
Bremerton/Lorax Partners, LLC
Park Avenue Plaza Gazaee Phase II-B
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the Contract Documents m a good and workmanlilce manner, free of defects and deficiencies
m work, and free and clear of all liens The PM shall re�ect a11 work which does not conform
to the requirements of the Contract Documents and cause corrective action to be taken
f. The PM shall and implement procedures for the review and processing of
applications by Contractors for progress and fmal payments
g. The PM shall secure final close out mformation from the contractors to mclude
but not be lunrted to warranties, as-built drawmgs, lien releases, etc
2. SCHEDULE: Commence work datmg July l, 2011 unhl completion of
construction
3. DISTRIBUTION OF COSTS AND PAYMENT SCHEDULE: The distnbution
of fees and payment schedule is as follows with reimbursable expenses paid m addrtion,
directly by the City
The total fee for services will be Sixty Thousand Dollars ($60,000)
• Payments of $15,000 per month for 4 months
The PM shall submit regular billing statements Upon receipt of a conformmg
billing statement, the Crty shall promptly process payment PROVIDED, HOWEVER, the
Crty reserves the nght to priontize 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 m
wnhng signed by the Crty
4. PROVIDED BY OTHERS: The following are excluded from PM Scope of
Services
• Surveymg
• As-btult or record drawings
• Geotechnical Consultants
• Construction and mstallation
• Sales tax or any other applicable taxes
• Special permits and fees
• Testing and Inspection
5. INSURANCE: PM shall procure and maintain for the duration of the Agreement,
msurance agamst claims for m�uries to persons or damage to property which may anse
Bremerton/Lorax Partners, LLC
Park Avenue Plaza GaraQe Phase I1-B
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from or m connecrion with the performance of the work hereunder by the PM, rts agents,
representatives, employees, sub-consultants or sub-Consultants
Before begmiung work on the proJect described m this Agreement, the PM shall
provide a Certificate of Insurance evidencmg.
Automobile Liabilitv insurance wrth limrts no less than $1,000,000 combined
smgle limrt per accident for bodily mJury and property damage, and
Commercial General Liability msurance wntten on an occurrence basis wrth
limrts no less than $1,000,000 combined smgle limit per occurrence and general
aggregate for personal in�ury, bodily m�ury and property damage
Excess Liabilitv msurance with limrts not less than 1,000,000 limrt per occurrence
and aggregate
Professional Liabilitv msurance wrth limrts no less than $1,000,000 hmit per
occurrence/claim
Any payment of deductible or self insured retention shall be the sole responsibility
of the PM
All required policies shall be provided on an"occurrence" basis except professional
liabilrty insurance (if required), wluch may be provided on a"claims-made" basis
The Crty shall be named as an additional insured on the Commercial General
Liabilrty msurance policy, as respects work performed by or on behalf of the Consultant
and a copy of an endorsement that is acceptable to the Crty, wluch names the City as an
additional insured 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 PM's Commercial General Liability msurance shall contain a clause stating
that coverage shall apply separately to each insured agamst whom claim is made or suit is
brought, except v�nth respects to the limrts of the msurer's liability
The PM's msurance shall be pnmary msurance as respects the Crty and the City
shall be given tlurty (30) days prior wntten notice by certified mail, return receipt
requested, of any cancellation, suspension or matenal change m coverage
The Crty also reserves its unqualified right to require at any time and for any
reason, proof of coverage m the form of a duplicate of the insurance policy wrth all
endorsements as evidence of coverage
6. ADDITIONAL TERMS: PM represents that the services funushed under tlus
Agreement will be performed in accordance with generally accepted professional practices
m effect at the tune such services are performed
Bremerton/Lorax Partners, LLC
Park Avenue Plaza Garase Phase II-B
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.
PM represents that it is skilled in the matters addressed m the Scope of Work and is
performmg mdependent functions and responsibilities wrthm its field of expertise PM and
rts personnel are mdependent Consultants and not employees of the Crty PM and rts
personnel have no authonty to bind the City or to control the Crty's employees and other
Consultants None of the benefits provided by the Crty to rts employees, mcluding, but not
limrted to, compensation, msurance, and unemployment msurance are available from the
City to the employees, agents, representahves, or sub-Consultants of the Consultant PM
will be solely and entirely responsible for rts acts and for the acts of Consultant's agents,
employees, representatives and sub-Consultants dunng the performance of tlus Agreement.
The City may, dunng the term of tlus Agreement, engage other mdependent Consultants to
perform the same or similar work
As an independent Consultant, PM is responsible for rts own management
As an mdependent Consultant, PM is responsible for payment of all taxes and
licensing fees necessary to perform rts obligations under tlus Agreement These taxes and
fees may mclude but are not limrted to State industnal insurance, Busmess & Occupation,
State professional licensmg, and City business licensmg. If any taxes or fees due the City
have been declared delmquent, the City may wrthhold the delinquent amount, plus any
addrtional charges arismg from the delmquency, from any payments due Consultant
All commumcations regazdmg 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 tlus Agreement or
such other address as may be hereafter specified m wntmg
City Address
PM Address �
345 Sixth Street, Ste 600 101 Stewart Street, #358
Bremerton. WA 98337 Seattle, WA 98101
Failure to enforce any provision of tlus Agreement shall not be deemed a waiver of
that provision Waiver of any nght or power arismg out of this Agreement shall not be
deemed waiver of any other nght or power
The failure of the Crty 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
Consultant sha11 comply with all applicable Federal, State, and local laws m
performmg rts obligations under this Agreement
Bremerton/Lorax Partners, LLC
Park Avenue Plaza Gara¢e Phase tI-B
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Choice of Law and Venue This Agreement shall be mterpreted accordmg to the
laws of the State of Washington Any �udicial action to resolve disputes arising out of this
Agreement shall be brought m Kitsap County Supenor Court
Erther Party may terminate this Agreement by sending a wntten notice In the event
of such termmation, PM will be enhtled to receive payment for all work performed to the
date of the termmation, and PM will refund any money that they may have received m
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 puruhve damages,
nor for lost profits Upon termmation, the City has the nght to assume any and all
subcontracts of PM on the pro�ect and ownerslup of all matenals generated therem
The provisions of tlus Agreement are severable and the mvalidity of any provision
of tlus Agreement will not affect the validity of the remairung provisions of tlus
Agreement No failure or delay of erther party to exercise any power given under tlus
Agreement or to msist upon stnct compliance by the other party of any obligations will
constitute a waiver of any of the party's nghts to demand exact compliance wrth the terms
of this Agreement
Tlus Agreement will be bmding on the heirs, executors, admmistrators, successors
and assigns of the respective parties
This Agreement contains the complete agreement and understandmg between the
parties and supersedes all pnor oral or wntten proposals, agreements or commurucations
with respect to the sub�ect matter of this Agreement This Agreement may only be
modified m wntmg signed by both parties
Any mdividual signing this Agreement on behalf of an entrty, represents and
warrants that they have the authonty to execute tlus Agreement and that this Agreement
will be bmdmg
CITY OF BREMER�'ON
LO ERS
� �
Signed
PAI�'rN�l�
Title
726 ��
Date
Bremerton/Lorax Partners, LLC
Park Avenue Plaza Garaee Phase II-B
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Date