HomeMy WebLinkAbout5139 Contract Number: 5139
Vendor: PARAMETRIX INC
Subject: PSA -- Pump Station CE4 Stability /Flotation Review
Department Engineering
File Class: LEG 12 -1
Begin Date: 1/23/2012
End Date 2/6/2012
Review Date-
Vault Date- 2014
Comments: CLOSED
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PROFESSIONAL SERVICES AGREEMENT
PUMP STATION CE4 STABILITY/FLOTATION REVIEW
CONTRACT WITH PARAMETRIX
The City of Bremerton ( "City ") and Parametrix ( "Consultant "), referred to collectively as
the "Parties," enter into the following Agreement for.professional services
r
I. Scope: The Consultant agrees to perform a site visit to Pump Station CE4 to review
evidence of instability, and perform office and field work as necessary to provide
recommendations for the City to implement to address the instability concerns The work shall
be performed by the Parametrix principal structural engineer who has a geotechmcal
background 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 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
the scope of work immediately upon execution of tlus Agreement The parties agree that the
work is to be completed within 14 -days of execution of this agreement however, that additional
time shall be granted by the City for excusable delays or extra work as provided f in section IX
(A) of this agreement ZC,07��
III. Compensation: In consideration of the services prov ed pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed Consultant's charges and bills
shall conform to the fee schedule attached hereto as Exhibit A 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 City 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 A
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 additional services if requested pursuant
to Section I and, if not otherwise provided, such compensation shall be in accordance with
Exhibit A
If a billing 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 obligations under this Agreement
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IV. Relationship of Parties: 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 its 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 City to its
employees, including, but not limited 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 its acts and for the acts of
Consultant's agents, employees, representatives and sub - Consultants during the performance of
this Agreement The City may, during 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
City'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 responsible for payment of all taxes and
licensing fees necessary to perform its 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
ansmg from the delinquency, from any payments due Consultant
V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, ansmg out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City'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 mdemnification
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4 24 115, then, in the event of liability for damages ansing out of bodily mjury to persons
or damages to property caused by or resulting 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 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
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VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arse from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, sub - consultants or sub - Consultants
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing
1. Automobile Liability insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property 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 injury, bodily injury 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
liability; and
3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and
aggregate
4. Professional Liability insurance with limits no less than $1,000,000 limit 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 City shall be named as an additional insured 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 City, which names the City as an additional insured shall 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 reject
any unacceptable policies and/or endorsements
The Consultant's Commercial General Liability insurance shall contain a clause stating
that coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer's liability
The Consultant's insurance 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 cancellation, suspension or material change in coverage
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
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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 in the time and form requested Consultant shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate 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
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 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,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices Duplicate copies of this information shall be provided to the
City upon its 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 project 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 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 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 its offices in Bremerton, Washington Meetings with the City 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
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
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F Severability Should any part of this Agreement be found void, the balance of the
Agreement shall remain 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 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
City Address Consultant Address
100 Oyster Bay Avenue North 4660 Kitsap Way, Suite A
Bremerton, WA 98312 Bremerton, WA 98312
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 ansmg 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 more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements 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 judicial action to resolve disputes ansmg out of this Agreement
shall be brought in Krtsap 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 Assi n�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 in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or
sexual orientation except for employment actions based on bona fide occupational qualification
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 terminating Parry, and the non-
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performing Party does not commence correction of the failure of performance within thirty (30)
days of the terminating Party's sending notice to the non - performing Party Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work
current through the termination date
If the City receives reimbursement by any federal, state, or other source for work described in
Section I herein, and that funding 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
completion of the work, the City may summarily terminate this 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, restricting, or requisitioning 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 time of the execution of the Agreement that are
beyond the control and without the fault or negligence of the Consultant, including, 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
writing 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 completing the
work for a period of time commensurate with the period of excusable delay
B Rights pon Termination In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant
CITY OF BREMERTON CONSULTANT
��aL
By Katy Allen f 2.3;J Zat Z-- v
its Director of Public Works and Utilities iDate
Approved as to form ttest
Bremerton City Attorney City Clerk
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EXHIBIT A - FEE SCHEDULE
City of Bremerton
PUMP STATION CE4 STABILITY /FLOTATION REVIEW
Notes Fees shown are for budgeting purposes only Work elements and staffing under each task will be as
requested by the City
BILLING RATES
Direct Rate 1 Direct Rate x 3.1 Billing Rate
Project Manager (Note 2) $5396 $16728 $167 28/hr
Project Manager (Note 3 $5396 $16728 $150/hr (capped)
Principal Consultant (Note 4) $7489 $23216 Actual (Murray)
Senior Consultant $6725 $20848 $175 00/hr (capped)
Senior Engineer $55 11 $17084 $170 84/hr
Engineer $4202 $13026 $130 26/hr
Designer $3652 $11321 $113 21/hr
CADD $3140 $9734 $97 34/hr
Administrative $2650 $82 15 $82 15/hr
NOTES
1) Rates shown are examples of actual rates Billing to be based on actual rates
2) Rates for technical work are capped at $175/hr
3) Rates for non - technical work (e g protect management) are capped at $150/hr
4) Principal structural, chief engineer, etc , to be identified on a case by case basis
5) Billing rate is Direct salary x 3 1 not to exceed either $150 00 or $175 00 per Notes 1 and 2
6) 5% Subconsultant mark up
7) 6% Direct Salary for Other Direct Costs
Contract Number
Vendor•
Sub�ect:
Department•
Fiie Class
Begin Date.
End Date
Review Date
Vault Date
Comments.
5139
PARAMETRIX INC
PSA -- Pump Station CE4 Stability/Flotation Review
Engineering
LEG 12-1
1/23/2012
2/6/2012
2014
i
53 `� g
PROFESSIONAL SERVICES AGREEMENT
PUMP STATION CE4 STABILITY/FLOTATION REVIEW
CONTRACT WITH PARAMETRIX
The Crty of Bremerton ("Crty") and Parametnx ("Consultant"), referred to collectively as
the "Parties," enter mto the followmg Agreement for professional services
I. Scope: The Consultant agrees to perform a site visrt to Pump Stahon CE4 to review
evidence of mstabilrty, and perform office and field work as necessary to provide
recommendations for the City to unplement to address the msta.bility concerns The work shall
be performed by the Parametnx pnncipal structural engmeer who has a geotechrucal
background The Scope of Work may be modified only pursuant to Section VII G of this
Agreement If the Scope of Work provides for unspecified addrtional services such services
shall only be performed upon the express wntten request of the Crty Consultant further
represents that the services furiushed under tlus Agreement will be performed m accordance with
generally accepted professional practices m effect at the time such services are performed
II. Term: The Crty and the Consultant agree that work will begm on the tasks descnbed m
the scope of work unmediately upon execution of this Agreement The parties agree that the
work is to be completed wrtlun 14-days of execution of tlus agreement however, that addrtional
time shall be granted by the Crty for excusable delays or extra work as provide section IX
(A) of tlus agreement
���-Z..�, �
III. Compensation: In consideration of the services provided�pursuant to tlus Agreement, the
Crty shall pay Consultant m an amount not to exceed � Consultant's charges and bills
sha11 conform to the fee schedule attached hereto as E�ubrt A and incorporated herein by tlus
reference
The Consultant shall submrt regular billmg statements detailing work performed and
amount charged on each task or portion thereof The descnptions shall conform to and fall
within the categones set out m the Scope of Work and/or Fee Schedule Upon receipt of a
conforming billmg statement, the Crty shall promptly process payment PROVIDED,
HOWEVER, the Crty reserves the nght to pnontize scoped work and accelerate and/or delay
work tasks under the tune frame set forth m Section II herem The Consultant's labor rates and
billmg fees shall be as delmeated m Exlubrt A
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 Consultant sha11 only be compensated for addrtional services if requested pursuant
to Section I and, if not otherwise provided, such compensation shall be m accordance wrth
Exlubrt A
If a billmg sta.tement does not conform to tlus Agreement, the Crty may withhold
payment until the statement is brought into compliance Such withholdmg does not reheve
Consultant of rts obligations under tlus Agreement.
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IV. Relationship of Partaes: Consultant represents that rt is slcilled in the matters addressed
m the Scope of Work and is performmg mdependent functions and responsibilrties witlun rts
field of expertise Consultant and rts personnel are independent Consultants and not employees
of the City Consultant and rts personnel have no authonty to bmd the City or to control the
Crty's employees and other Consultants None of the benefits provided by the City to rts
employees, mcluding, but not lunited to, compensation, msurance, and unemployment insurance
are available from the Crty 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
this Agreement The Crty may, dunng the term of tlus Agreement, engage other independent
Consultants to perform the same or sunilar work
As an mdependent Consultant, Consultant is responsible for rts own management The
City's admuustration and enforcement of tlus Agreement shall not be deemed an exercise of
managenal control over Consultant or its personnel
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensmg fees necessary to perform rts obligations under this Agreement These taxes and fees
include but are not limrted to State mdustnal insurance, Busmess & Occupation, State
professional licensmg, and Crty busmess licensmg If any taxes or fees due the Crty have been
declared delmquent, the City may wrthhold the delmquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant
V. Indemnification: Consultant shall defend, indemrufy and hold the Crty, rts officers,
officials, employees, agents and volunteers harmless from any and all claims, m�unes, damages,
losses or suits, mcludmg all legal costs and attorney fees, ansmg out of or m connection wrth the
performance of tlus Agreement, except for that portion of the m�unes and damages caused by the
Crty's sole neghgence
The Crty's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of mdemrufication
Should a court of competent �unsdiction determme that tlus Agreement is sub�ect to
RCW 4 24 115, then, in the event of liability for damages ansing out of bodily m�ury to persons
or damages to property caused by or resulting from the concurrent negligence of the Consultant
and the Crty, 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, 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 ternunation of this Agreement.
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VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
msurance agamst claims for m�unes to persons or damage to property wluch may anse from or m
connection wrth the performance of the work hereunder by the Consultant, rts agents,
representatives, employees, sub-consultants or sub-Consultants
Before beguuung work on the pro�ect descnbed m tlus Agreement, the Consultant shall
provide a Certificate of Insurance evidencmg '
1. Automobile Liabilitv msurance with limrts no less than $1,000,000 combmed smgle
limrt per accident for bodily in�ury and property damage, and
2. Commercial General Liability insurance written on an occurrence basis wrth 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 mclude 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. Ezcess Liabilitv insurance wrth limrts not less than 1,000,000 hmrt per occurrence and
aggregate
4. Professional Liabilitv msurance wrth limrts no less than $1,000,000 hmit per
occurrence/claun
Any payment of deduchble or self msured retenhon shall be the sole responsibilrty of the
Consultant
' All required policies shall be provided on an"occurrence" basis except professional
liabilriy msurance (if required), wluch may be provided on a"clauns-made" basis
The Crty shall be named as an addrtional msured on the Commercial General Liabihty
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 Crty as an addrtional msured shall be
atta.ched to the Certificate of Insurance The Crty reserves the nght to receive a certified copy of
all the required uisurance policies and endorsements. The Crty further reserves the nght to re�ect
any unacceptable policies andJor endorsements
The Consultant's Commercial General LiabiliTy insurance shall contain a clause, statmg
that coverage shall apply separately to each insured'agamst whom claun is made or surt is
brought, except with respects to the hmrts of the msurer's liabihty
The Consultant's msurance shall be pnmary insurance as respects the City and the City
sha11 be given thirty (30) days pnor written notice by certified mail, return receipt requested, of
any cancellation, suspension or matenal change in coverage
The Crty also reserves its unqualified nght to requue at any tune and for any reason,
proof of coverage m the form of a duplicate of the insurance policy wrth all endorsements as
evidence of coverage
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VII. General Conditions:
A Reports and Information When requested by the Crty, Consultant shall fiznush
penodic reports and documents on matters covered by tlus Agreement The reports and
documents shall be furrushed m the time and form requested Consultant shall mamtam
accountmg records m accordance wrth Generally Accepted Accountmg Pnnciples (GAAP) to
substantiate all billed amounts
B Ownerslup and Use of Records and Documents Ongmal documents, drawmgs,
designs and reports, includmg those m electromc format, developed under tlus Agreement are the
property of the City All written mformation submitted by the Crty to the Consultant m
connection wrth 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 relatmg to rts own busmess If such uiformation is pubhcly available or is already m
Consultant's possession or known to rt, or is rightfully obtained by the Consultant from third
parties, Consultant shall bear no responsibilrty for rts disclosure, madvertent or otherwise
All data, documents and files created by Consultant under tlus Agreement may be stored
at Consultant's office m Bremerton, Waslungton Consultant shall make such data, documents,
and files available to the Crty upon its request at all reasonable times for the purpose of edrting,
modifymg and updating as necessary until such time as the City is capable of stonng such
information in the City's offices Duplicate copies of tlus information shall be provided to the
City upon its request, and at reasonable cost
All documents, including all reports, drawmgs, specifications, computer software or other
items prepared or furrushed by Consultant pursuant to this Agreement, are mstruments of service
with respect to the pro�ect and are the property of the Crty Any reuse by the Crty for other than
the specific purpose mtended will be at Crty'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 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 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 wrth the
work
D Place of Work The Consultant shall perform the work authonzed under tlus
Agreement at its offices m Bremerton, Washington Meetings wrth the City staff as descnbed m
E�ubit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed
upon by the parties �
E Entire A�reement Tlus Agreement and its E�clubits constrtutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, wntten or
oral, that have not been set forth in the text of this Agreement
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F Severabilitv Should any part of this Agreement be found void, the balance of the
Agreement shall remam in full force and effect
G Modification This Agreement may only be modified by wntten mstrument signed by
both Parties
H Wntten Notices All commwucations regardmg tlus Agreement shall be sent to the
parhes 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 tlus Agreement
or such other address as may be hereafter specified in wntmg
Crty Address
100 Oyster Bay Avenue North
Bremerton, WA 98312
Consultant Address
4660 Kitsap Way, Siute A
Bremerton, WA 98312
I Waiver Failure to enforce any provision of tlus Agreement shall not be deemed 'a
wvver of that provision Warver of any nght or power ansmg out of tlus Agreement shall not be
deemed waiver of any other nght or power
J Non-Waiver of Breach The failure of the Crty to msist upon stnct performance of any
of the covenants and agreements contained herein, or to exercise any option herein conferred m
one or more instances shall not be construed to be a waiver or relmquishment of said covenants,
agreements or ophons, and the same shall be and remain m full force and effect
K Compliance with Laws Consultant shall comply wrth all applicable Federal, State,
and local laws in performmg rts obligations under tlus Agreement
L Choice of Law and Venue Tlus Agreement shall be interpreted according to the laws
of the State of Waslungton Any �udicial action to resolve disputes ansmg out of tlus Agreement
shall be brought m Kitsap County Supenor Court
M. Attorneys' Fees In the event of litigation to enforce any of the terms or provisions
herem, each party sha11 pay all its own costs and attorney's fees
N Assi� Any assignment of tlus agreement by the Contractor v�nthout the wntten
consent of the Crty shall be void
VIII. Nondiscrimination: Consultant shall not discnmmate in employment or services to the
public on the basis of race, color, national ongin, sex, religion, age, mantal status, disabilrty, or
sexua.l onentation except for employment actions based on bona fide occupational qualification
IX. Termination: Tlus Agreement shall rema.m m force until completion and acceptance of
the services, terminated by wntten mstrument upon mutual consent, or by the City of Bremerton
for converuence This Agreement may be immediately termmated for cause by a Party if the
other Party substantially fails to perform through no fault of the terminating Party, and the non-
Bremerton/Parametnx
Pump Station CE4 Review
Page 5 of 6
performmg Party does not commence correcrion of the failure of performance within thirty (30)
days of the terminatmg Party's sendmg notice to the non-performmg Party Any Notice by
Consultant shall include a report showmg the status of all rtems listed in the Scope of Work
current through the termination date
If the City receives reimbursement by any federal, state, or other source for work described m
Section I herein, and that fundmg is withdrawn, reduced or limrted m any way, or the pro�ect is
cancelled or substantially reduced after the execution date of tlus Agreement and pnor to the
completion of the work, the Crty may summarily termmate tlus Agreement
A Excusable Dela,� The nght of Consultant to proceed shall not be terminated nor shall
Consultant be charged wrth liquidated damages for any delays in the completion of the work due
to 1) any acts of the federal government m controllmg, restnchng, or requisrtiomng matenals,
equipment, tools, or labor by reason of war, national defense, or other national emergency, 2)
any acts of the Crty, its consultants, or other public agencies causmg 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 seventy PROVIDED,
HOWEVER, that the Consultant must promptly nohfy the CiTy wrtlun ten (10) calendar days m
wntmg 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 Crty shall, m wnhng, extend the tune for completmg the
work for a penod of time commensurate wrth the penod of excusable delay
B Ri h�Upon Termmation In the event of termination, the Crty shall pay for all
services performed by the Consultant to the effective date of termination, as descnbed on a final
mvoice submitted to the City After termulation, the City may take possession of a11 records and
data wrtlun the Consultant's possession pertairung to this pro�ect wluch may be used by the Crty
wrthout restnction Any such use not related to the pro�ect which Consultant was contracted to
perform shall be wrthout liabilrty or legal exposure to the Consultant
C���`Z���:�:��1u1�:�C�J�i
f�1CA.� ����--
By Katv Allen �
rts Director of Pubhc Works and Uhlrties
Date
Approved as to form
Bremerton City Attorney
st
Crty Clerk
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Bremerton/Parametnx
Pump Station CE4 Review
Page 6 of 6
�K�)��YIINII_��II
EXHIBIT A - FEE SCHEDULE
City of Bremerton
PUMP STATION CE4 STABILITY/FLOTATION REVIEW
Notes Fees shown are for budgetmg purposes only Work elements and staffing under each task will be as
requested by the City
BILLING RATES
Direct Rate 1 Direct Rate x 3.1 Billin Rate
Pro�ect Manager (Note 2) $53 96 $167 28 $167 28/hr
Pro ect Mana er (Note 3 $53 96 $167 28 $150/hr (ca ed)
Prmci al Consultant ote 4 $74 89 $232 16 Actual Murra )
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
Designer $36 52 $113 21 $113 21/hr
CADD $31 40 $97 34 $97 34/hr
Admmistrative $26 50 $82 15 $82 15/hr
�
NOTES
1) Rates shown are examples of actual rates Billmg to be based on actual rates
2) Rates for techmcal work are capped at $175/hr
3) Rates for non-techmcal work (e g pro�ect management) are capped at $150/hr
4) Pru�cipal structural, chief engmeer, etc , to be idenhfied on a case by case basis
5) Billmg rate is D�rect salary x 3 1 not to exceed erther $150 00 or $175 00 per Notes 1 and 2
6) 5% Subconsultant mark up
7) 6% D�rect Salary for Other Duect Costs