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5115
WESTSOUND ENGINEERING
PSA - Armin Jahr Elementary Sidewalk/Pro�ect #10267
Engineering
LEG 12-1
2/15/2012
4/30/2012
4/30/2012
2014
Comments :
PROFESSIONAL SERVICES AGREEMENT
Armin Jahr Elementary S�dewalk/ Project #10267
The City of Bremerton ("City") and WestSound Engineering, Inc ("Consultant"),
referred to collectively as the "Parties," enter into the following Agreement for professional
services
I. Scope: The Consultant agrees to perform the services more specifically described m the
Scope of Work, dated January, 2012, including any attachments thereto , attached hereto as
Exhibit A, which is incorporated by reference herein The Scope of Work may be modified only
puisuant to Section VII G of this Agreement If the Scope of Work provides for unspecified
additional se�vices such services shall only be performed upon the express wrrtten request of the
City Consultant further represents that the services furmshed under this Agreement will be
performed in accordance wrth generally accepted professional practices in effect at the time such
services are performed
II. Term: The City and the Consultant agree that work will begin on the tasks described in
Exhib�t A immediately upon execution of this Agreement The parties agree that the work
described in Exhibrt A is to be completed as provided for m the work schedule attached hereto as
Exhibrt B, provided however, that addrtional time shall be granted by the Crty for excusable
delays or extra work as provided for in section IX (A) of this agreement
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $24,900 00 Consultant's charges and bills
shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this
reference
The Consultant shall submit regular billing statements detailing 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 and/or Fee Schedule Upon receipt of a
conforming billing statement, the City shall promptly process payment PROVIDED,
HOWEVER, the Crty reserves the right to prioritize 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
billing fees shall be as delineated in Exhibit 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 modified pursuant to this
Agreement Consultant shall only be compensated for addrtional services if requested pursuant
to Section I and, if not otherwise provided, such compensation shall be m accordance wrth
Exhibrt C
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance Such withholdmg does not relieve
Consultant of its obligations under this Agreement
Bremerton/WestSound Engineering, Inc
A�m�n Jahr Elementary S�dewalk
Page 1 of 6
IV. Relationship of Part�es: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its
field of expertise Consultant and rts personnel are independent Consultants and not employees
of the City Consultant and its personnel have no authority to bind the City or to control the
City's employees and other Consultants None of the benefits provided by the Crty to rts
employees, including, 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 ent�rely responsible for its acts and for the acts of
Consultant's agents, employees, representatives and sub-Consultants during the performance of
this Agreement The Crty may, dunng the term of this Agreement, engage other independent
Consultants to perform the same or similar work
As an independent Consultant, Consultant is responsible for its own management The
C�ty s administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel
As an independent Consultant, Consultant is iesponsible for payment of all taxes and
licensing fees necessary to perform rts obligations under this Agreement These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant
V. Indemnification: Consultant shall defend, indemmfy and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, in�uries, damages,
losses oi suits, includin� all legal costs and attorney fees, arising out of or in connection with the
peiformance of this Agreement, except for that portion of the in�uries and damages caused by the
Crty's sole 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 indemmfication
Should a court of competent �urisdiction determine that this Agreement is sub�ect to
RCW 4 24 115, then, in the event of liability for damages arising out of bodily in�ury to persons
oi dama�es to piopei-ty caused by or iesulting 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 HERElN 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 survive the expiration or termination of this Agreement
Bremerton/WestSound Engineering, Inc
Armin Jahr Elementary Sidewalk
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VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for in�uries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
iepresentat�ves employees, sub-consultants or sub-Consultants
Before beginning work on the pro�ect described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing
1. Automobile L�ability insurance with limits no less than $1,000,000 combined single
limrt per accident for bodily in�ury and pioperty damage, and
2. Commercial General Liability insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and general aggregate for
personal �n�ury, bod�ly in�ury and property damage Coverage shall include but not be
limited to blanket contractual, products/completed operations/broad form property
damage, explosion, collapse and underground (XCU) if applicable, and employer's
liabilrty, and
3. Excess Liab�litv insurance with limits not less than 1,000,000 limit per occurrence and
aggregate
4. Professional Liability insurance with limrts no less than $1,000,000 limrt per
occurrence/claim
Any payment of deductible or self insured retention shall be the sole responsibility of the
Consultant
All required policies shall be provided on an "occurrence" basis except professional
liability insurance (if required), which may be provided on a"claims-made" basis
The Crty shall be named as an addrtional insured 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 City, which names the City as an additional insured shall be
attached to the Certificate of Insurance The Crty 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 policies and/or endorsements
The Consultant's Commercial General Liability insurance shall contain a clause stating
that coverage shall app(y separately to each insured against whom claim is made or suit is
brought, except wrth respects to the limrts of the insurer's liabilrty
The Consultant's insurance shall be primary insurance as respects the City and it shall be
an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-
5161, or by certified mail, return receipt requested to City of Bremerton, attn Risk Management,
345 6` Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension
oi substantive change of any insurance policy set out herein, and failure to do so shall be
construed to be a breach of this Agreement
Bremerton/WestSound Engineering, Inc
Armin Jahr Elementary Sidewalk
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The City also reserves its unqualified right to require at any time and for any reason,
proof of coverage in the form of a duplicate of the insurance policy with all endorsements as
evidence of coverage
VII. General Condit�ons:
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 in the time and form requested Consultant shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substant�ate all billed amounts
B Ownership and Use of Records and Documents Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City All written information submitted by the City to the Consultant in
connectton w�th 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 its own business If such information is publicly available or is already in
Consultant's possession or known to it, or is rightfully obtained by the Consultant from third
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 in Bremerton, Washington Consultant shall make such data, documents,
and files available to the City upon its request at all reasonable times for the purpose of editing,
mod�fying and updating as necessary until such time as the Crty is capable of storing such
�nformation in the City's offices Duplicate copies of this information shall be provided to the
Crty upon rts request, and at reasonable cost
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments 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 intended will be at City's sole risk
C Worl< 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 shall utilize 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 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 rts offices in Bremerton, Washington Meetings wrth the Crty staff as described in
Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed
upon by the parties
Bremerton/WestSound Engineering, Inc
Armin Jahr Elementary Sidewalk
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E Entire Agreement 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 shall remain in full force and effect
G Modificat�on This Agreement may only be modified by written instrument signed by
both Part�es
H Written Notices All commun�cations iegarding 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 in writing
Crty Address
3027 Olympus Drive
Bremerton, WA 98310
Consultant Address
217 Wilkins Drive SW
Port Orchard, WA 98366-4741
I Waiver Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power
J Non-Waiver of Breach The failure 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 moie instances shall not be construed to be a waiver or relinquishment of said covenants,
agi ecments or options, and the same shall be and remain in full force and effect
K Compliance with Laws Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement
L Choice of Law and Venue This Agreement shall be interpreted according to the laws
of the State of Washington Any �udicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court
M Attorneys' Fees In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees
N Assignment Any assignment of this agreement by the Contractor without the written
consent of the Crty shall be void
VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the
public on the basis of race, color, nat�onal origin, sex, religion, age, marital status, disability, or
sexual orientation except for employment actions based on bona fide occupational qualification
Bremerton/WestSound Engineering, Inc
Armin Jahr Elementary Sidewallc
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IX. Termination: This Agreement shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
for convenience. This Agreement may be immediately terminated for cause by a Party if the
other Party substantially fails to perform through no fault of the termuiating Party, and the non-
performmg Party does not commence conection of the failure of performance within thirty (30)
days of the terminatuig Party's sendmg notice to the non-performmg Party. Any Notice by
Consultant shall mclude a report showing the status of all items listed in the Scope of Work
current through the termmation date.
If the Crty receives reimbursement by any federal, state, or other source for work descnbed m
Section I herein, and that funding is withdrawn, reduced or hmited in any way, or the pro�ect is
cancelled or substantially reduced after the execution date of this Agreement and pnor to the
completion of the work, the City may summarily terminate tlus Agreement
A. Excusable Delays• 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 in controlling, restrictmg, or requisihorung matenals,
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 time of the execution of the Agreement that are
beyond the control and wrthout the fault or negligence of the Consultant, includmg, but not
restncted to, acts of God, fires, floods, stnkes, or weather of unusual severity. PROVIDED,
HOWEVER, that the Consultant must prompdy notify the Crty v�ntlun ten (10) calendar days in
wnting 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 vv�th the period of excusable delay.
B. R� ts Upon Termination• In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of ternunation, as descnbed on a final
mvoice submitted to the City. After termmation, the City may take possession of all records and
data witlun the Consultant's possession pertaining to this pro�ect wluch may be used by the City
without restnction 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.
CITY OF BREMERTON
CONSULTANT
� �� � ��.���
By: �P IT L�-�lT By C Ca► T�al�lv , ��
its /n D� its 1'�u s�c�
Date. D /.y ` t y Date: �� 9� 2o I Z-
A as to form:
6/
emert City Attomey
e:
City Clerk
Bremerton/WestSound Engmeenng, Inc.
Armin Jahr Elementary Sidewalk
Page 6 of 6
EXHIBIT A
Scope of Work
1. Pro�ect Kickoff
1.1 Meet with City staff to confirm the proJect scope of work and budget,
1.2 Verify pro�ect roles, contact persons and chain of communication
1 3 Site visit to review site conditions and to identify design goals and
constraints.
2 Design Survey.
2.1 Perform design locates (surface markings) of ali known underground
conductible utilities within the pro�ect site. Utilities to be located shall
include electric, gas, communication, sanitary sewer, storm drainage,
and water
2 2 Survey the west right-of-way of McClain Avenue from Sheridan to 31
Street and both sides of 31 Street from McClain to Stewart Road.
Survey for all significant features within right-of-way, such as
vegetation, located utilities mcluding individual service lines, (where
available) This includes water meters, water and gas valves, manholes,
catch basins, power poles, buried power lines, etc Provide inverts of
pipes for curb inlets, catch basins, and manholes, (lid elevations, all
incoming /outgoing pipes) and swales, ditches, or other conveyances for
surface runoff Inside diameter dimensions and pipe material (if
discernable) will be provided Survey pavement edge, street centerline,
sidewalks, curbs and gutter
2.3 Calculate right-of-way alignments to establish a basis for the field
survey data. Reduction of field data and plot with the calculated right-
of-ways to check accuracy and completeness of the data. Prepare base
sheets for engineering design.
3 Design Development.
3 1 Review base sheets and sketch out preliminary alignments for sidewalks
and other improvements. Drawings will conform to the City of
Bremerton CAD standards
3.2 Identify areas where slopes or existing features may conflict with the
design improvements and review with the owner.
3 3 Revise design concepts and con�rm final design elements with owner at
the pro�ect site. This will be the 50% review stage
4. Construction Documents.
4.1 Prepare construction plan sheets at 1"=20' scale for the pro�ect
alignment Plans wiil identify the new sidewalk improvements along the
west side of McClain Avenue and curb, gutter and sidewaik along one
side of 31S Street Grade transitions for each driveway will be included
in the design. Crosswalks and other channelization will be addressed for
pedestrian traffic on 31 Street
4 2 Additional sheets with cross sections, details and additionai notes will be
included.
4 3 Prepare the special provisions sections to be inserted into the contract
book. The contract book will be prepared by the City. All design and
specifications will conform to the WSDOT 2012 Standard Specifications
for Road, Bridge, and Municipal Construction and City of Bremerton
Standards.
4 4 Prepare the engineer's estimated cost of construction
4.5 Construction documents will be reviewed with the City at the 75% and
100% completion stage
4 6 Assist the City during the bidding process.
4 7 Deliverables will include prints of the construction plans and electronic
copies of specifications and related materials. The 100% submittal will
include PDF copies for submittai to WSDOT. The final submittal will
include an AutoCAD version 2008 copy to the City in conformance with
City CAD standards
5. Construction Services:
5 1 Attend the pre-construction conference.
5 2 Conduct weekly site meetings to review construction in progress.
5.3 Review submittals, requests for information and payment requests.
5.4 Prepare final punch list and acceptance of final construction.
5 5 Perform an as-built field survey of improvements and prepare as-built
plans
EXHIBIT B
Project Schedule
The following schedule is based on authorization to proceed on February 13,
2012
February 13 Research existing utilities and coordinate fie(d locates of
utilities by the respective utility providers Begin
topographic survey.
March 5`" : 50% Review Confirm design concepts in the field with
City staff.
March 9 � Receive City comments from the 50% review.
March 19 � 75°10 Review. Subm�t pr�nts of plans and electronic copies
of specifications and related materials
March 24 . Receive City comments from the 75% review
April 9`" 100% Review. Submit prints of plans and electronic
copies of specifications and related materials. Inciudes
PDF copies of the plans for submittal to WSDOT. �
We anticipate that it will take approximately two weeks for the WSDOT to
review and comment Plans will be finalized at that time with plans provided
to the City in CAD dwg file format.
WestSaund Eng�neering will expedite this schedule where possible to
complete the work ahead of the proposed schedule.
EXHIBIT C
Fee Schedule
Services will be provided on a time and materials basis w�th a not-ta-exceed
budget of $24,900.00 The estimated costs to provide these services are
itemized below
1 Pro�ect Kickoff
2 Design Survey
3 Design Development
4 Construction Documents
Total Contract Amount
5 Construction Services
May be authorized later
$ 1,800.00
$ 5,600.00
$ 7, 500 00
,�10,000 00
$24,900 00
$12,000 00
The following billing rates will apply to this proJect.
Pro�ect Manager $150/hr
Pro�ect Surveyor $110/hr
Design Engineer $100Jhr
CADD Technician $ 90/hr
One-Person Field Crew $125/hr
Two-Person Field Crew $150/hr
Clerical Support $ 50/hr
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