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HomeMy WebLinkAbout5052{ i Contract N�tmber: Vendor: Sub�ect: Department: File Class: 5a52 LMN ARCHITECTS Park Avenue Pla2a Phase II Econ Devel LEG 12-1 Begin Date: End Date: Revlew Date: Vault Date: 6/28/2011 6/1/2012 7/1/2012 Comments : PROFESSIONAL SERVICES AGREEMENT LMN Architects for Park Avenue Plaza Phase II The Crty of Bremerton ("Crty") and LMN Archrtects ("Consultant"), referred to collectively as the "Parties," enter into the followmg Agreement for professional services I. Scope: The Consultant agrees to perform archrtectural services as descnbed m the attached Phase II Scope of Work (Attachment B) The Exact services will be as directed by the City's authonzed representative Consultant represents that the services furmshed under this agreement will be performed m accordance wrth generally accepted professional practices as exercised by an ordmanly reasonable prudent design professional practicmg v�nthm the Puget Sound working on a similaz proJect, m effect at the time such services are performed II. Term: The City and the Consultant agree that work will begin on the tasks descnbed immediately upon execution of this Agreement. The parties agree that the work will be completed in a timely fashion as directed by the City's authonzed representative III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $85,000 00 Consultant's charges and bills shall conform to the fee schedule attached he�eto as Attachment A and incorporated herem by this reference The Consultant shall submit regular billmg statements detailmg work performed and amount charged on each task or portion thereof. The descnptions shall conform to and fall witlun the categories set out m the Scope of Work and/or Fee 5chedule Upon receipt of a conformmg billmg statement, the City shall promptly process payment HOWEVER, the City reserves the nght to pnontize scoped work and accelerate andlor delay work tasks as needed to mtegrate with Park Avenue Plaza Phase I and the Crty'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 modified pursuant to tlus Agreement If a billmg statement does not conform to this Agreement, the City may withhold payment until the statement is brought mto compliance Such withholdmg does not relieve Consultant of rts obhgations under this Agreement IV. Relationship of Parties: Consultant represents that it is skilled m the matters addressed m the Scope of Work and is performmg mdependent functions and responsibilities withm its field of expenence Consultant and its personnel are independent Consultants and not employees of the Crty Consultant and its personnel have no authonty to bind the Crty or to control the City's employees and other Consultants None of the benefits provided by the City to its employees, mcludmg, but not limrted 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 rts acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants dunng the performance of Bremerton/LMN Architects Park Avenue Plaza Phase I[ Page 1 of 8 this Agreement The City may, dunng the term of tlus Agreement, engage other mdependent Consultants to perform the same or similar work As an mdependent Consultant, Consultant is responsible for its own management The City's admmistration and enforcement of tlus Agreement shall not be deemed an exercise of managenal control over Consultant or rts personnel As an mdependent Consultant, Consultant is responsible for payment of all taxes and licensmg fees necessary to perform rts obligations under tlus Agreement These taxes and fees mclude but are not limited 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 City may withhold the delinquent amount, plus any additional charges arising from the delmquency, from any payments due Consultant. V. Indemnification: Consultant shall defend, mdemrufy and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, m�unes, damages, losses or suits, arismg out of or m connection wrth the negligent performance of tlus Agreement, except for that portion of the in�unes and damages caused by the City's 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 �uc determme that this Agreement is sub�ect to RCW 4 24 115, then, in the event of liability for damages caused by or resultmg 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 INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, AS RESPECTS TO CONSULTANT EMPLOYEES, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of tlus section shall survive the expiration or termmation of this Agreement VI. Insurance: The Consultant shall procure and mamtam for the duration of the Agreement, msurance against claims for injunes to persons or damage to property which may anse from or in connection with the negligent performance of the work hereunder by the Consultant, its agents, representatives, employees, or sub-Consultants Before begmmng work on the pro�ect descnbed in this Agreement, the Consultant shall provide a Certificate of Insurance evidencmg Bremerton/LMN Architects Park Avenue Plaza Phase II Page 2 of 8 1. Automobile Liabilitv msurance with limits no less than $1,000,000 combmed single limrt per accident for bodily in�ury and property damage, and 2. Commercial General Liabititv msurance wntten on an occurrence basis with limrts no less than $1,000,000 combmed smgle limrt per occurrence and general aggregate for personal in�ury, bodily in�ury and property damage Coverage shall include but not be limrted to blanket contractual, products/completed operations/broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liabilrty, and 3. Excess Liabilitv msurance wrth limrts not less than 1,000,000 limit per occurrence and aggregate 4. Professional Liabilitv msurance with limits no less than $1,000,000 limit per claim Any payment of deductible or self msured retention shall be the sole responsibility of the Consultant All required policies shall be provided on an"occurrence" basis except professional liabilrty msurance (if required), which may be provided on a"claims-made" basis The Crty shall be named as an addrtional msured 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 Crty, wluch names the City as an addrtional msured shall be attached to the Certificate of Insurance The Crty reserves the nght to receive a certified copy of all the required insurance 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 against whom claim is made or suit is brought, except wrth respects to the limits of the msurer's liability. The Consultant's msurance shall be pnmary insurance as respects the City and the City shall be given thirty (30) days pnor wntten notice by certified mail, return receipt requested, of any cancellation, suspension or matenal change in coverage, except 10 days for premium non- payment 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 insurance 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 m the hme and form requested Consultant shall mamtam accounting records in accordance with Generally Accepted Accounting Pnnciples (GAAP) to substanttate all billed amounts Bremerton/LMN Architects Park Avenue Plaza Phase [I Page 3 of 8 B Ownership and Use of Records and Documents Ongmal documents, drawmgs, designs and reports, mcludmg those m electromc 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 tlus Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like mformation relating to rts own busmess If such mformation is publicly available or is already in Consultant's possession or known to it, or is nghtfully obtamed by the Consultant from tlurd 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, documents, and files available to the Crty upon its request at all reasonable times for the purpose of editmg, modifymg and updating as necessary until such time as the City is capable of stonng such mformation in the Crty's offices. Duphcate copies of this mformation shall be provided to the Crty upon its request, and at reasonable cost All documents, mcluding all reports, drawings, specifications, computer software or other items 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 utilize 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 Entire A�reement This Agreement and its Exlubits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth m the text of tlus Agreement E Severabilitv Should any part of this Agreement be found void, the balance of the Agreement shall remain m full force and effect F Modification This Agreement may only be modified by written mstrument signed by both Parties G Wntten Notices All commurucations regardmg 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 this Agreement or such other address as may be hereafter specified m wntmg Bremerton/LMN Architects Park Avenue Plaza Phase II Page 4 of 8 City Address City of Bremerton 345 Sixth St , Suite 600 Bremerton, WA 98337 Consultant Address LMN 801 Second Ave , Ste 501 Seattle, WA 98104 H 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 I Non-Waiver of Breach The failure of the Crty to msist upon stnct performance of any of the covenants and agreements contamed herem, 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 J Compliance with Laws Consultant shall comply wrth all applicable Federal, State, and local laws m performing its obligations under this Agreement K Choice of Law and Venue This Agreement shall be mterpreted according to the laws of the State of Waslungton Any �udicial action to resolve disputes ansing out of tlus Agreement shall be brought in Kitsap County Supenor Court L Attornevs' Fees In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all rts own costs and attorney's fees M Assi�nment Any assignment of this agreement by the Consultant without the wntten consent of the Crty shall be void VIII. Nondiscrimination: Consultant shall not discrunmate m employment or services to the public on the basis of race, color, national ongin, sex, religion, age, marital status, disability, or sexual onentation except for employment actions based on bona fide occupational qualification IX. Termination: Tlus Agreement shall remam m force until completion and acceptance of the services, termmated by wntten instrument upon mutual consent, or by the Crty of Bremerton for convemence This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminatmg 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 A Ri h� ts Upon Termination In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termmation, as descnbed on a final mvoice submitted to the Crty After termmation, the City may take possession of all records and data withm the Consultant's possession pertaimng to this pro�ect which may be used by the City without restriction, for this pro�ect. Any such use not related to the pro�ect which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant Bremerton/LMN Architects Park Avenue Plaza Phase [I Page 5 of 8 CITY OF BREMERTON CONSULTANT By Patt L n By _ Its Mavor its i Date Date Bremerton/LMN Architects Park Avenue Plaza Phase [[ Page 6 of 8 ATTACHMENT A Hourlv Rates Bnanna Holan $ 90 00 Sarah Smder $ 90 00 Mark Hinshaw $145 00 Walt Niehoff $220 00 Bremerton/LMN Arc6rtects Pazk Avenue Plaza Phase II Page 7 of 8 ATTACHMENT B Scope of Work 1. Design Pedestrian Access and Alley Walkway Design pedestrian walkway m alley way between Burwell Street and Fourth Street, includmg paving treatments Coordmate with storm dram relocation Documentation by others ` 2 Fourth Street Pedestrian Amenities Design pedestnan sidewalk, paving treatments, curbs, plantmg stnps, seatmg areas, and bulb outs between Park and Pacific Avenues Coordmate sidewalk pavmg and curbs wrth new bulb-outs at Fourth Street and Pacific Avenue Define locations for trees and lightmg where appropnate Documentation by others 3. Fourth Street and Park Avenue Intersection Design Fourth Street and Park Avenue mtersection, includmg bulb outs, pavmg treatments and curbs Coordinate with fire hydrant and storm dram relocations and utility modifications Define locations for trees and lightmg where appropnate Documentation by others 4 Park Avenue Design surface area, sidewalks, curbs, gutters, and plantmg stnps to City standards on Pazk Avenue between Burwell and Fourth Street Define locations for trees and lightmg where appropnate Coordmate with the Naval Ship Yard on the entrance to/exit from their Burwell Street Employee Pedestnan Tunnel Documentation by others 5 Parking Garage Cladding Coordination Collaborate with building arclutect on urban design elements, fa�ade treatments, and cladding for the Cmema buildmg, parkmg garage, and exit stairways of the Park Avenue Plaza Pro�ect Srte elements m the public ROW to be documented by LMN, elements on Park Avenue Plaza property to be documented by others Documentation by others Bremerton/LMN Arch�tects Pazk Avenue Plaza Phase II Page 8 of 8