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HomeMy WebLinkAbout5094Contract Number: Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 5094 Parametrzx PSA--Crosstown Pipeline Design Support Engineering LEG 12-1 11/7/2011 2/6/2012 2/1/2012 2/1/2014 Comments: 12 weeks after NTP PROFESSIONAL SERVICES AGREEMENT CROSSTOWN PIPELINE DESIGN SUPPORT The C�ty of Bremerton ("City") 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 m the Scope of Work, mcludmg any attachments thereto, attached hereto as Exhibit A, which is mcorporated by reference herem The Scope of Work may be modified only pursuant to Section VII G of this Agreement If the Scope of Work provides for unspecified add�tional servtces such services shall only be performed upon the express written request of the C�ty Consultant further represents that the services furnished under this Agreement wilt be performed m accordance with generally accepted professional pract�ces m effect at the time such services are performed II. Term: The City and the Consultant agree that work will begm on the tasks descr�bed m E�ibrt A�mmediately upon executton of this Agreement The parties agree that the work described in Exhibit A�s to be completed as provided for m the work schedule attached hereto as Exh�bit B, provided however, that add�tional time shall be granted by the City for excusable delays or extra work as provided for m sect�on IX (A) of this agreement III. Compensation: In cons�deration of the services provided pursuant to th�s Agreement, the City shall pay Consultant m an amount not to exceed $24,500 00 Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and tncorporated herem by this reference The Consultant shall submit regular b�llmg statements detail�ng work performed and amount charged on each task or portion thereof The descript►ons shall conform to and fall w�thm the categor�es set out m the Scope of Work and/or Fee Schedule Upon receipt of a conformmg billmg statement, the City shall promptly process payment PROVIDED, HOWEVER, the City reserves the right to pr�orit�ze scoped work and accelerate and/or delay work tasks under the t�me frame set forth in Sect�on II herem The Consultant's labor rates and billmg fees shall be as delmeated m Exhibrt C 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 mod�fied pursuant to this Agreement Consultant shall only be compensated for additional services if requested pursuant to Sect�on I and, if not otherwtse provided, such compensation shall be m accordance with Exhibrt C. If a b�llmg statement does not conform to this Agreement, the City may withhold payment until the statement �s brought mto compliance Such withholdmg does not relieve Consultant of �ts obl�gations under this Agreement Bremerton/Pazametnx Crosstown Pipelme Design Support Page 1 of 6 IV. Relationship of Parties: Consultant represents that �t is skilled m the matters addressed m the Scope of Work and �s performmg mdependent funcrions and responsib�lrties wrthm rts field of expertise Consultant and its personnel are independent Consultants and not employees of the C�ty Consultant and its personnel have no authority to bmd the City 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, msurance, and unemployment msurance are available from the C�ty to the employees, agents, representatives, or sub-Consultants of the Consultant Consultant will be solely and ent�rely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants durmg the performance of this Agreement The C�ty may, durmg the term of this Agreement, engage other mdependent Consultants to perform the same or similar work As an mdependent Consultant, Consultant is responsible for �ts own management The City's admmistration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel As an mdependent Consultant, Consultant is responsible for payment of all taxes and licensmg fees necessary to perform rts obligations under th�s Agreement These taxes and fees mclude but are not lim�ted to State mdustrial msurance, Busmess & Occupation, State professional licensmg, and City busmess licensing If any taxes or fees due the City have been declared delmquent, the City may withhold the delmquent amount, plus any additional charges arismg from the delmquency, from any payments due Consultant V. Indemnification: Consultant shall defend, mdemmfy and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, m�uries, damages, losses or suits, mcludmg all legal costs and attorney fees, arismg out of or in connection wrth the performance of this Agreement, except for that port�on of the m�uries and damages caused by the City's sole negl�gence The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of mdemmfication Should a court of competent �urisd�ction determme that th�s Agreement is sub�ect to RCW 4 24 115, then, m the event of liability for damages arismg out of bodily m�ury to persons or damages to property caused by or resultmg from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liab�lity 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 INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall surv�ve the expiration or termmation of this Agreement Bremerton/Parametnx Crosstown Pipehne Design Support Page 2 of 6 VI. Insurance: The Consultant shall procure and mamtam for the duration of the Agreement, msurance agamst claims for m�uries to persons or damage to property wh�ch may arise from or m connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants Before begmnmg work on the pro�ect described m this Agreement, the Consultant shall provide a Certificate of Insurance ev�dencmg 1. Automobile Liabilitv msurance with limits no [ess than $1,000,000 combmed smgle l�mrt per accident for bodily m�ury and property damage, and 2. Commercial General Liabilitv msurance written on an occurrence basis with limits no less than $1,000,000 combmed smgle limrt per occurrence and general aggregate for personal m�ury, bodily m�ury and property damage Coverage shall mclude but not be lim�ted to blanket contractual, products/completed operations/broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liab�ltty, and 3. Excess Liabilitv �nsurance w�th limits not less than 1,000,000 l�mit per occurrence and aggregate 4. Professional Liabilitv msurance with limits no less than $1,000,000 lim�t per occurrence/cla�m Any payment of deductible or self �nsured retention shall be the sole responsibility of the Consultant All required pol�cies shall be provided on an "occurrence" basis except professional l�ability msurance (�f required), which may be provided on a"cla�ms-made" basis The City shall be named as an additional msured on the Commercial General Liability msurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the C�ty, wh�ch names the City as an add�t�onal insured shall be attached to the Certificate of Insurance The C�ty reserves the r�ght to receive a certified copy of all the requ�red msurance policies and endorsements The City further reserves the r�ght to re�ect any unacceptable polic�es and/or endorsements The Consultant's Commercial General Liability �nsurance shall contain a clause stating that coverage shall apply separately to each msured against whom claim is made or surt �s brought, except with respects to the l�mits of the msurer's liability The Consultant's msurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellat2on, suspens�on or material change m coverage The City also reserves its unqualified right to requ�re at any time and for any reason, proof of coverage m the form of a duplicate of the msurance policy with all endorsements as ev�dence of coverage Bremerton/Parametnx Crosstown P�peLne Design Support Page 3 of 6 VII. General Conditions: A Reports and Information When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement The reports and documents shall be furnished m the t�me and form requested Consultant shall mamtam accountmg records m accordance wrth Generally Accepted Accountmg Prmciples (GAAP) to substantiate all billed amounts B Ownership and Use of Records and Documents Or�gmal documents, drawmgs, designs and reports, mcludmg those m electronic format, developed under this Agreement are the property of the City All written mformat�on submitted by the City to the Consultant m connection w�th the serv�ces performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like mformation relatmg to its own busmess If such mformation is publicly available or is already m Consultant's possession or known to it, or is rightfully obtamed by the Consultant from th�rd parties, Consultant shall bear no responsibility for rts disclosure, madvertent or otherwise All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office �n Bremerton, Washmgton Consultant shall make such data, documents, and files available to the City upon rts request at all reasonable times for the purpose of edrtmg, modifymg and updatmg as necessary unt�l such time as the City is capable of stormg such �nformation m the City's offices Duplicate copies of this mformation shall be prov�ded to the C�ty upon its request, and at reasonable cost All documents, mcludmg all reports, drawmgs, specifications, computer software or other items prepared or furn�shed 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 C�ty for other than the spec�fic purpose mtended will be at City's sole risk C Work Performed at Consultant's Risk Consultant shall take all precauttons necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall ut�lize all protection necessary for that purpose All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to mater�als, tools, or other articles used or held for use m connection with the work D Place of Work The Consultant shall perform the work authorized under this Agreement at �ts offices m Bremerton, Washmgton Meetmgs with the Crty staff as described m Exhib�t A, Scope of Work, shall take place at the C�ty's offices, or at locations mutually agreed upon by the part�es E Entire Agreement• Th�s 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 m the text of this Agreement Bremerton/Pazametr�x Crosstown Pipehne Des�gn Support Page 4 of 6 F Severabilitv Should any part of this Agreement be found void, the balance of the Agreement shall remam m full force and effect G Modification Th�s Agreement may only be modified by written mstrument signed by both Part�es H Written Notices All communications regardmg this Agreement shall be sent to the part�es 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 m writmg City Address 345 Sixth Street Bremerton, WA 98337 Consultant Address 4660 Kitsap Way, Suite A Bremerton, WA 98312 I Waiver Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provis�on Wa�ver of any right or power arismg out of this Agreement shall not be deemed wa�ver of any other right or power J Non-Warver of Breach The failure of the City to ms�st upon strict performance of any of the covenants and agreements conta�ned herem, or to exercise any option herem conferred m one or more mstances shall not be construed to be a wa�ver 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 m performmg its obl�gations under this Agreement L Choice of Law and Venue This Agreement shall be mterpreted accordmg to the laws of the State of Washmgton Any Judicial action to resolve disputes ar�sing out of this Agreement shall be brought m Kitsap County Super�or Court M Attornevs' Fees In the event of litigat�on to enforce any of the terms or provisions herem, each party shall pay all its own costs and attorney's fees N Assi n� Any assignment of this agreement by the Contractor without the written consent of the City shall be void VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origm, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification IX. Termination: Th�s Agreement shall remam m force unttl completion and acceptance of the services, termmated by wr�tten mstrument upon mutual consent, or by the C�ty of Bremerton for convenience This Agreement may be immediately termmated for cause by a Party if the other Party substantially fails to perform through no fault of the termmatmg Party, and the non- Bremerton/Pazametnx Crosstown Pipelme Des�gn Support Page 5 of 6 performmg Party does not commence correct�on of the failure of performance w�thm thirty (30) days of the termmatmg Party's sendmg not�ce to the non-performmg Party Any Notice by Consultant shall mclude a report showmg the status of all items listed m the Scope of Work cunent through the termmation date If the City receives reimbursement by any federal, state, or other source for work described m Section I herem, and that fundmg ts withdrawn, reduced or limrted m any way, or the pro�ect is cancelled or substantially reduced after the execution date of this Agreement and pr►or to the complet�on of the work, the City may summarily terminate this Agreement A Excusable Dela,L The right of Consultant to proceed shall not be termmated nor shall Consultant be charged with l�quidated damages for any delays �n the complet�on of the work due to 1) any acts of the federal government m controllmg, restricting, or reyuisitionmg materials, equ�pment, 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 causmg such delay, and 3) causes not reasonably foreseeable by the part�es at the time of the execut�on of the Agreement that are beyond the control and without the fault or negligence of the Consultant, mcludmg, 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 withm ten (10) calendar days m writmg 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, �n writmg, extend the time for completmg the work for a period of time commensurate with the period of excusable delay B R� hg ts Upon Termmat�on In the event of termmation, the City shall pay for all services performed by the Consultant to the effective date of termmation, as described on a final invoice submitted to the City After termmation, the City may take possession of all records and data wrthm the Consultant's possession pertammg to this pro�ect wh�ch may be used by the City without restriction 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 CONSULTANT � By i� its � u Date � � , i t Clerk Bremerton/Parametnx Crosstown P�pelme Des�gn SuppoR Page 6 of 6 A to form � Bp merton ty Attorney EXHIBIT A- SCOPE OF WORK City of Bremerton Crosstown Pipeline Design Support INTRODUCTION Parametrix has been asked by the C�ty of Bremerton (C�ty) to provide profess�onal services to assist with the des�gn to improve the Crosstown Pipelme (CTP) The CTP �s a key section of the Crty's wastewater system that conveys sewage from East and West Bremerton to the treatment plant The City is performmg the design �n-house, but because of the construction challenges that are foreseen w�th this 36- mch pipeline, they want Parametnx to provide design review and value engmeermg support to ensure the quality of the construction documents Odor control and a�r relief are also key �ssues w�th this proJect and Parametr�x has been asked to provide design assistance PHASE 01 DESIGN SUPPORT TASK 01 PROJECT ADMINISTRATION Ob�ective: To plan, orgamze, direct, control, and commumcate all relevant activities set forth m this Scope of Work wrthm the approved budget and schedule Approach: Parametr�x will routmely review pro�ect progress and commumcate pro�ect status on a regular basis Commumcation will be through email and telephone, and with bi-weekly pro�ect coordmation meetmgs wrth the Crty and des�gn team staff Th�s task will mclude the followmg activrttes • Pro�ect admimstration mcludes schedulmg mamtenance, cost control, filmg, resource allocat�on, sub-consultant management and routme commumcat�ons • Momtormg changes to the scope, budget or schedule and developmg change management strategies wrth the City Del�verables: Work products will mclude � Monthly mvoices and status reports Assumptions: The followmg assumptions apply • Monthly reports will be provided with timely mvo�ces The task budget is based on Time & Materials and w�ll not exceed $1,500, unless otherw�se approved by the City • Attendance of public meetmgs is not mcluded m this scope of work TASK 02 PIPELINE DESIGN Objectrve: To provide engmeermg support and constructabihty review services to the City as related to the CTP design elements Approach: The followmg approach applies • Attend kick-off ineetmg to review the City's 30% des�gn and provide written review comments • Review hydrauhc capacity calculations • Rev�ew and comment on the 70% and 100% design subm�ttals • Meet with City staff in Bremerton to discuss 70% and 100% design review comments • Respond to C�ty questions related to the pipeline design between the 30% and 100% des�gn stages Delrverables: The followmg will be submitted • Written review comments Assumptions: The followmg assumptions apply • The City is the des�gn lead and Parametrix is providmg lim�ted des�gn support • The task budget is based on Time & Materials and will not exceed $12,000, unless otherwise approved by the City � Participation by Parametnx m publ�c meetmgs related to the pro�ect is not mcluded m this scope of work TASK 03 ODOR CONTROL AND AIR RELIEF DESIGN Ob�ective: Evaluate whether air rel�ef will be requ�red for the new pipeline and assist the City with any odor control-related concerns Approach: The followmg approach applies • Provide technical assistance m evaluatmg air relief and odor control options for the CTP • Provide limited electr�cal engmeermg support, if required • Provide design review services at the 30%, 70%, and 100% submittal levels Delrverables: Work products will mclude � Copies of all design calculations performed by Parametrix � Wr�tten rev�ew comments Assumptions: The followmg assumptions apply • The C�ty is the des�gn lead and Parametrix �s prov�dmg hmrted des�gn support • The task budget is based on Time & Materials and will not exceed $11,000, unless otherwise approved by the City • Partic�pation by Parametrix m pubhc meetmgs related to the pro�ect is not mcluded m th�s scope of work EXHIBIT B Schedule 30% Design Review Meetmg 70% Design Review Meeting 2 weeks from NTP 6 weeks after 30% Design 100% Design Review Meeting 4 weeks after 70% Design ��I;I1-���3 Fee Schedule and Billing Rates PHASE 1 — DESIGN SUPPORT Task 01 ProJect Administration Task 02 Pipeline Design Task 03 Odor Control and Air Relief Design $1,500 $12,000 $11,000 TOTAL................................................................................................. $24,500 Notes Fees shown are for budgetmg purposes only Work elements and staffing under each task will be as requested by the C�ty BILLING RATES Direct Rate D�rect Rate x 3.1 Billin Rate Pro ect Mana er ote 1 $53 96 $167 28 $167 28/hr Pro ect Mana er ote 2 $53 96 $167 28 $150/hr ca ed Semor Consultant $67 25 $208 48 $175 00/hr ca ed Semor En meer $55 11 $170 84 $170 84/hr En meer $42 02 $130 26 $130 26/hr Des� ner $36 52 $113 21 $113 21 /hr CADD $31 40 $97 34 $97 34/hr Admimstrat�ve $26 50 $82 15 $82 15/hr NOTES 1) Rates for techmcal work are capped at $175/hr 2) Rates for non-techmcal work (e g pro�ect management) are capped at $150/hr 3) B�llmg rate is Direct salary x 3 1 not to exceed either $150 00 or $175 00 per Notes 1 and 2 4) 5% Subconsultant mark up 5) 6% D�rect Salary for Other Direct Costs