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HomeMy WebLinkAbout5067 Contract Number: 5067 Vendor- PARAMETRIX Sub3ect: 5th Street Parking Study Department: Engineering File Class: LEG 12 -1 Begin Date: 8/3/2011 End Date: 9/9/2011 Review Date: 11/1/2011 Vault Date: Comments: Amendment 1 8/29/2011 s r I 4 CONTRACT MODIFICATION AGREEMENT NO.1 BETWEEN THE CITY OF BREMERTON AND PARAMETRIX PROJECT 5`" Street Parking Study CONSULTANT Parametrix DATE August 29.2011 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE Professional Services Agreement (Project No. 10266) AGREEMENT (the "Contract ") entered into between the City of Bremerton and Parametrix on August 3.2011. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document For valuable consideration and by mutual consent of the parties, the modifications to the Contract ate as follows I. Section I. Scope is modified as follows add a table outlining four roadway alternatives, the right -of -way required for each, and a comment on whether the altetilati\ e Could be implemented on 5`" street given the right —of -way limitations This added scope of woik was further detailed in an e-mail from Tom Knuckey to John Perlrc on August 10, 2011 In addition the traffic study shall be amended and enhanced to include the plan -view graphic 111ust1aton detailed in Exhibit B, attached Section II. Term ,1s modified as follows The Consultant shall complete the work described in this Contract Modification Agreement by September 9, 2011 Section _ III. Compensation ,1s modified as follows The original contract amount was $2,400.00 The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed $1,800.00 for a total amended contract amount of $4,200.00 including this Contract Modification II. ' Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this CONTRACT MODIFICATION l Project Number Contract Modification, claims related to on -site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer / Public Works Dn ector approved to process Initials and Date CONSULTANT. THE CITY OF BREMERTON - - --- - - - - -- By '_at C oxon Its % in c.1 & J Its Interim Di of PW &U DATE t DATE CONTRACT MODIFICATION 2 Project Number r EXHIBIT B Aug 26, 2011 Scope ®f Work 5t" Street Parking Study m Amendment TASK: REFINE TECHNICAL MEMORANDUM The Consultant will develop a plan -view graphic illustrating a two -way street concept with 45- degree angle parking, including the substandard lane widths needed to accommodate the plan AutoTURN software will be used to illustrate the space required for a standard sedan and pick -up truck pulling into and out of the angle parking stalls The existing report will be modified to include the new illustration and a brief discussion about the impacts, trade -offs, and /or benefits of two -way travel with 45- degree angle parking on 5 Street between Pacific Avenue and Washington Avenue Assumptions e City will provide language for code supporting building requirements for narrow lane widths Contract Number: Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5067 PARANlETRIX 5th Street Parking Study Engineering LEG 12-1 8/3/2011 9/9/2011 11/1/2011 Comments : PROFESSIONAL SERVICES AGREEMENT 5th Street Parlang Study, Project No.10266 The City of Bremerton ("Crty") and Parametrix ("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 described in the Scope of Work, dated July 28, 2011, includmg any attachments thereto, attached hereto as Exlubit A, which is incorporated by reference herein. 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 City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional pract�ces in effect at the tune such services are performed II. Term: The CiTy and the Consultant agree that work will begm on the tasks described m Exlubrt A immediately upon execution of this Agreement The parties agree that the work described u� Exhibit A is to be completed by September 1, 2011, provided however, that addihonal 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 in an amount not to exceed $2,400 Consultant's charges and bills shall conform to the fee schedule included in Exhibit A and mcorporated herein by tlus reference. The Consultant shall submit regular billmg statements detailmg work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work andlor Fee Schedule Upon receipt of a conforming billing statement, the City sha11 promptly process payment. PROVIDED, HOWEVER, the City reserves the right to priontize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein The Consultant's labor rates and bilhng fees sha11 be as delmeated in Exhibit A Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or arnount of compensation is modified pursuant to this Agreement Consultant shall only be compensated for additional services if requested pursuant to Sect�on I and, if not otherwise provided, such compensation shall be in accordance with Exlubit A. If a billmg statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance Such withholding does not relieve Consultant of its obligahons under this Agreement. Bremerton/ S Street Parkin�udy Page 1 of 6 IV. Relationship of Parties: Consultant represents that rt is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilrties witlun rts field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and rts personnel have no authority 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, including, but not limited to, compensation, insurance, and unemployment uisurance 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, representatives and sub-Consultants during the performance of this Agreement The City may, durmg the term of txus Agreement, engage other mdependent Consultants to perform the same or siirular work. As an independent Consultant, Consultant is responsible for its own management. 1'he Crty's admuustration and enforcement of tlus Agreement shall not be deemed an exercise of managenal control over Consultant or its personnel As an mdependent 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 aze not limrted to State industrial insurance, Business & Occupat�on, State professional licensing, and City busmess licensing If any taxes or fees due the City have been declared delinquent, the Crty may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: Consultant sha11 defend, indemnify and hold the Crty, its officers, officials, employees, agents and volunteers hannless from any and all claims, in�uries, damages, losses or suits, includmg all legal costs and attorney fees, arismg out of or in connect�on with the performance of this Agreement, except for that portion of the injunes and damages caused by the Crty's sole negligence The City's review or acceptance of any of the work when completed sha11 not be grounds to avoid any of these covenants of mdemrufication Should a court of competent �urisd�ction determme that this Agreement is sub�ect to RCW 4 24 115, then, in the event of liability for damages arismg out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the Crty, its officers, off cials, 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, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDENINIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of tlus section sha11 survive the expiration or termination of this Agreement. Bremerton/ S Street Parkmg Study Page 2 of 6 VI. Insurance: The Consultant sha,ll procure and maintain for the duration of the Agreement, msurance against claims for in�uries to persons or damage to property which may arise from or in connection wrth the performance of the work hereunder by the Consultant, rts agents, representatives, employees, sub-consultants or sub-Consultants Before beginrung work on the pro�ect described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing 1. Automobile Liability insurance with lirruts no less than $1,000,000 combfned smgle l�mit per accident for bodily mJury and property damage; and Z. Commercial General Liabilitv insurance written on an occurrence basis with lim�ts no less than $1,000,000 combined smgle limrt per occurrence and general aggregate for personal injury, bodily inJury and property damage. Coverage shall include but not be limrted to: blanket contractual; products/completed operationslbroad form property damage, explosion, collapse and underground (XCt� if applicable; and employer's liability; and � � 3. Excess Liabilitv insurance with limits not less than 1,000,000 limit per occurrence and aggregate. ' 4. Professional Liabilitv insurance vv�th limrts no less than $1,000,000 limit per occurrence%laim. Any payment of deductible or self insured retention sha11 be the sole responsibility of the Consultant All reqwred policies sha11 be provided on an"occurrence" basis except professional lxability insurance (if required), wluch may be provided on a"claims-made" basis. The City shall be named as an addrtional insured on the Commercial General Liabihty insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsernent that is acceptable to the Crty, which names the City as an additional insured sha11 be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to re�ect any unacceptable polxcies and/or endorsements The Consultant's Commercial General Liability insurance shall contam a clause statmg that coverage shall apply separately to each insured agamst whom claim is made or stut is brought, except with respects to the limrts of the insurer's liabilrty. The Consultant's msurance shall be pnmary insurance as respects the Crty and it shall be an aff'irmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473- 5161, or by certified mail, return receipt requested to Crty of Bremerton, attn Risk Management, 345 6�' Street, Suite 600, Bremerton, WA 98337 vv�thin 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 Bremerton/ S Street Parking StudX Page 3 of 6 The City also reserves rts unqualified nght to require at any t�me 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 Informahon When requested by the Crty, Consultant shall furnish periodic reports and documents on matters covered by tlus Agreement The reports and documents shall be furrushed in the hme and form reyuested Consultant shall maintain accounting records m accordance v�nth Generally Accepted Accounting Prmciples (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents Original documents, drawings, designs and reports, including those in electromc format, developed under this Agreement are the property of the C�ty All written information submitted by the Crty 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 information relating to rts own busmess. If such mformation is publicly available or is already m Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant sha11 bear no responsibility for its disclosure, madvertent or otherwise All data, documents and files created by Consultant under tlus Agreement may be stored at Consultant's office in Olympia, Washington. Consultant shall make such data, documents, and files ava.ilable to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as neccssary until such time as the City is capable of storing such information m the Crty's offices. Duphcate copies of tlus informat�on sha11 be provided to the City upon its request, and at reasonable cost. All documents, mcludmg all reports, drawings, specificahons, computer soflware or other items prepared or furrushed by Consultant pursuant to this Agreement, are mstruments of service wrth respect to the project and are the property of the City. Any reuse by the Crty for other than the specific purpose intended v�nll be at City's sole risk 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 in the performance of the work hereunder and sha11 utilize all protection necessary for that ptupose All work shall be done at Consultant's own nsk, and Consultant shall be respQnsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D Place of Work. The Consultant shall perform the work authorized under this Agreement at its offices in OIympia, Washuigton Meetings wrth the City staff as described m Exhibrt A, Scope of Work, shall take place at the Crty's offices, or at Iocations mutually agreed upon by the parhes Bremerton/ 5�' Street Parkin�tudX Page4of6 E. Entire A�reement This Agreement and its Exhibits 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 in the text of this Agreement. F. Severabilitv Should any part of this Agreement be found void, the balance of the Agreement sha11 remam in full force and effect. G Modification This Agreement may only be modified by written instrument signed by both Parties H Written Notices. All communications regarding this Agreement sha11 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 m this Agreement or such other address as may be hereafter specified in writing. Crty Address City of Bremerton 100 Oyster Bay Avenue No Bremerton, WA 98312 Consultant Address Parametrix 4660 Krtsap Way, Swte A Bremerton, WA 98312 I. Waiver. Failure to enforce any provision of this Agreement sha11 not be deemed a wa.iver of that provision. Waiver of any right or power arising out of this Agreement sha11 not be deemed waiver of any other r�ght or power J Non-Waiver of Breach• The faslure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remam in full force and effect K. Compliance with Laws Consultant shall comply wrth all applicable Federal, State, and local laws in performing its obligations under this Agreement. L Choice of Law and Venue: Thts Agreement shall be interpreted according to the laws of the State of Washington Any Judicial action to resolve disputes arising out of this Agreement sha11 be brought m Krtsap County Superior Court. M Attornevs � Fees In the event of lit�gation to enforce any of the terms or provisions herein, each party sha11 pay all its own costs and attorney's fees N. Assi ent Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate m employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disabilrty, or sexual orientation except for employment actions based on bona fide occupational quahfication Bremerton/ S Street Parkmg Study Page 5 of 6 IX. Termination: This Agreement shall remam in force until completion and acceptance of the services, ternunated by written instrument upon mutual consent, or by the City of Bremerton for convemence. This Agreement may be immediately termuiated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performmg Party does not commence correchon of the failure of performance wrtlun thuty (30) days of the terminatmg Party's sending notice to the non-performmg Party Any Notice by Consultant shall mclude a report showing the status of a11 rtems listed in the Scope of Work current through the termmation date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that fundmg is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the complet�on of the work, the City may summarily termmate this Agreement A Excusable Delavs. The right of Consultant to proceed shall not be terminated 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 m controliing, restrictmg, or requisrtiomng 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 causing such delay; and 3) causes not reasonably foreseeable by the parties at the tune of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, mcluding, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in wrrting of the cause of the delay If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completmg the work for a period of time commensurate with the period of excusable delay. B Ri�hts Unon Termination• In the event of terminatian, the Crty sha11 pay for all services performed by the Consultant to the effect�ve date of termmat�on, as described on a final invoice submitted to the City. After ternunation, the City may take possession of all records and data within the Consultant's possession pertairung to ttus pro�ect which may be used by the Crty wrthout restriction Any such use not related to the pro�ect which Consultant was contracted to perform sha11 be without liabilrty or legal exposure to the Consultant CITY OF BREMERTON Pat Coxon �rts• Interim Dire tor of Public Works and Utilrties Date: �3 �I .s/— C\Users\webb�ohWppData�Localuvl�crosoftlW►ndowslTemporary Internet F�les\Content Outlook\TSMUCYAM1110715 Sth St PSA doc Bremerton/ S Street Parkul� Studv Page 6 of 6 CONSULTANT r , EXHIBIT A � , i t � { � i July 28, 2011 Seope of V'Vork 5t" Street Parking Study The purpose of this pro�ect is to examine a way to increase the amount of on-street parking on 5 Street in Bremerton i TASK: TECHNICAL MEMORANDUM � , The Consultant wdl evaluate increasing the amount of on-street park�ng on 5�" Street ' between Washington Avenue and Pacific Avenue The study wdl include a concept j dlustration of a schematic layout for sigrnng and str�ping, which includes angled parking � on one side of fhe roadway The Consultant wdl conduct one field visit, with the City of Bremerton to evaluate the study area � The Consultant wdl provide a short technical memorandum on the study findings, which will include photos of the exist►ng conditions and an dlustration of one concept for the study area Assumptions e City will provide design mmimum for parking stall design on-street and other necessary park�ng needs in the pro�ect area such as loading/unloading zones � and accessible parking • Pro�ect is anticipated to be completed by the end of August 2011 - • One f►eld visit will be conducted and attended by a consultant Fee Time and materials not to exceed $2,400 (total fee ) Compensation is based on a 3 1 bdling multiplier with a$150/hour salary cap for the consultant, and other Direct costs billed at 6% of direct labor