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HomeMy WebLinkAbout5151Contract Number: Vendor: Sub�ect: Department: File Class: Begin Date End Date. Review Date: Vault Date: Comments : 5151 PARAMETRIX, INC PSA-llth Street Overcrossing - Bridge Load Rating Engineering LEG 12-1 6/22/2012 12/19/2012 PI�OFESSIONAL SEI�VICES AGREEMENT ll Street Overcrossing — Bridge Load Rating The Crty of Bremerton ("Crty") and Parametnx, 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 in the Scope of Work, dated June, 2012, includmg any attachments thereto, attached hereto as Exlubrt A, wluch is mcorporated by reference herem The Scope of Work may be modified only pursuant to Section VII G of tlus Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the Crty. Consultant further represents that the services fumished under ttus Agreement will be performed m accordance with generally accepted professional prachces in effect at the time such services are performed II. Term: The Crty and the Consultant agree that work will begin on the tasks descnbed m Exlubrt A immediately upon execution of this Agreement The parties agree that the work described in Exlubit A is to be completed wrtlun 6-months of contract execution; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for m sechon IX (A) of this agreement III. Compensation: In consideration of the services provided pursuant to this Agreement, the Crty shall pay Consultant in an amount not to exceed $16,900 ConsultanYs charges and bills shall conform to the fee schedule attached hereto as Exhibit B and mcorporated herein by this reference The Consultant sha11 submit regular billing statements detailmg work performed and amount charged on each task or portion thereof The descriptions shall conform to and fall witlun 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 billmg fees shall be as delineated m Exlubrt B . 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 wrth Exlubit B If a billing statement does not conform to this Agreement, the Crty may withhold payment until the statement is brought into compliance Such wrthholding does not relieve Consultant of rts obligations under tlus Agreement Bremerton/[Consultantj [Pro�ect Namel Page 1 of 6 IV. Relationship of Parties: Consultant represents�that it is skilled in the matters addressed m the Scope of Work and is performmg independent functions and responsibilities wrthin its field of expertise Consultant and rts personnel are mdependent Consultants and not employees of the City Consultant and its 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 Crty to rts employees, mcludmg, 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 its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants dunng the performance of this Agreement The City may, dunng the term of this Agreement, engage other mdependent Consultants to perform the same or similar work As an mdependent Consultant, Consultant is responsible for its own management The City's admmistration and enforcement of tlus Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel As an mdependent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under tlus Agreement These taxes and fees include but are not limrted to State mdustnal msurance, Business & Occupation, State professional licensmg, and Crty busmess licensmg If any taxes or fees due the Crty have been declared delinquent, the Crty may withhold the delmquent amount, plus any additional charges arismg from the delmquency, from any payments due Consultant. V. Indemnification: Consultant shall defend, mdemrufy and hold the City, rts 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, ansmg out of or m connection wrth the performance of tlus Agreement, except for that portion of the m�uries and damages caused by the City's sole negligence � The Crty's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of mdemYUfication Should a court of competent �urisdiction determine that this Agreement is sub�ect to RCW 4 24 115, then, in the event of liabilrty for damages arising out of bodily m�ury to persons or damages to property caused by or resultmg 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 HERElN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER 1NDUSTRIAL 1NSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS 1NDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termmation of this Agreement Bremerton/f Consultant] [Pro�ect Name] Page 2 of 6 VI. Insurance: The Consultant shall procure and mamtam for the duration of the Agreement, insurance agamst claims for m�uries to persons or damage to property wluch may arise from or m connection with the performance of the work hereunder by the Consultant, rts agents, representatives, employees, sub-consultants or sub-Consultants Before begmrung work on the pro�ect descnbed m tlus Agreement, the Consultant shall provide a Certificate of Insurance evidencmg 1. Automobile Liabilitv msurance wrth limrts no less than $1,000,000 combmed smgle limrt per accident for bodily m�ury and property damage, and 2. Commercial General Liabilitv msurance wntten on an occurrence basis with limits no less than $1,000,000 combined smgle limit per occurrence and general aggregate for personal in�ury, bodily in�ury and property damage Coverage shall mclude but not be limrted to blanket contractual, products/completed operations/broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liabilrty, and 3. Excess Liabalitv msurance with limits not less than 1,000,000 limit per occurrence and aggregate 4. Professional Liabilitv msurance with limits no less than $1,000,000 limit per occurrence/claim Any payment of deductible or self msured retenhon shall be the sole responsibility of the Consultant All required policies shall be provided on an"occurrence" basis except professional liabilrty msurance (if required), which may be provided on a"claims-made" basis The Crty shall be named as an addrtional msured on the Commercial General Liability msurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the Crty, wluch names the City as an addrtional msured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all the required msurance policies and endorsements The City further reserves the right to reJect any unacceptable policies and/or endorsements The Consultant's Commercial General Liabilrty insurance shall contain a clause statmg that coverage shall apply separately to each insured agamst whom claim is made or surt is brought, except wrth respects to the limits of the insurer's liability The Consultant's msurance shall be pnmary msurance as respects the Crty and the Crty shall be given thirty (30) days pnor written notice by certified mail, return receipt requested, of any cancellation, suspension or material change m coverage The City also reserves its unqualified nght to require at any time and for any reason, proof of coverage m the form of a duplicate of the msurance policy wrth all endorsements as evidence of coverage Bremerton/ jConsultantj jProject Name] Page 3 of 6 VII. General Conditions: A Reborts and Information When requested by the City, Consultant shall furnish 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 Ownership and Use of Records and Documents Ongmal documents, drawings, designs and reports, includmg those m electromc format, developed under this Agreement are the property of the City All written mformation submitted by the City 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 information relatmg to rts own business If such mformation is publicly available or is already m Consultant's possession or known to rt, or is rightfully obtained by the Consultant from third parhes, Consultant shall beax no responsibilrty for rts disclosure, madvertent or otherwise All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office m Bremerton, Waslungton Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editmg, modifymg and updatmg as necessary until such time as the Crty is capable of stonng such mformation m the Crty's offices Duplicate copies of tlus mformation shall be provided to the City upon rts request, and at reasonable cost All documents, mcludmg all reports, drawmgs, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, aze mstruments of service with respect to the pro�ect and are the property of the Crty Any reuse by the City for other than the specific purpose mtended will be at City's sole nsk C Work Performed at Consultant's Risk Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants m the performance of the work hereunder and shall utilize all protection necessary for that purpose All work shall be done at Consultant's own 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, Washmgton Meetmgs wrth the Crty staff as described m Exhibrt A, Scope of Work, shall take place at the Crty's offices, or at locations mutually agreed upon by the parties E Entire Agreement• This Agreement and rts Exhibits constrtutes 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/[Consultant] jPro�ect Namel 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 This Agreement may only be modified by written instrument signed by both Parties H Written Notices All commumcations regardmg this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified m wrrtmg Crty Address 345 5�' 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 provision Waiver of any nght or power arismg out of this Agreement shall not be deemed waiver of any other nght or power J Non-Waiver of Breach The failure of the City to msist upon strict performance of any of the covenants and agreements contamed herein, or to exercise any option herem conferred m one or more mstances shall not be construed to be a waiver or relmquishment of said covenants, agreements or options, and the same shall be and remam m full force and effect , K Comphance wrth Laws Consultant shall comply wrth all applicable Federal, State, and local laws m performmg its obligations under this Agreement L Choice of Law and Venue Tlus Agreement shall be mterpreted accordmg to the laws of the State of Washington Any �udicial action to resolve disputes arismg out of this Agreement shall be brought m Krtsap County Supenor Court M Attorneys' Fees In the event of lrtigation to enforce any of the terms or provisions herem, each party shall pay all its own costs and attorney's fees N Assignment Any assignment of this agreement by the Contractor without the wntten consent of the City shall be void VIII. Nondiscrimination: Consultant shall not discruninate m employment or services to the public on the basis of race, color, national origm, sex, religion, age, marital status, disabilrty, 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, termmated by written mstrument upon mutual consent, or by the City of Bremerton for convemence Tlus Agreement may be immediately termmated for cause by a Party if the other Party substantially fails to perform through no fault of the termmating Party, and the non- performmg Party does not commence correction of the failure of performance wrthm thirty (30) Bremerton/[Consultant] jPro�ect Name] Page 5 of 6 days of the termmatmg Party's sending nohce 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 current through the termination date If the Crty receives reimbursement by any federal, state, or other source for work described in Sechon I herem, and that fundmg is wrthdrawn, reduced or limrted m 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 termmate tlus Agreement A Excusable Delays The nght of Consultant to proceed shall not be termmated nor shall Consultant be charged with liquidated damages for any delays m the completion of the work due to• 1) any acts of the federal government in controllmg, restnctmg, or requisrtiorung matenals, equipment, tools, or labor by reason of war, national defense, or other national emergency, 2) any acts of the Crty, rts consultants, or other public agencies causmg such delay, and 3) causes not reasonably foreseeable by the parties at the time of the execurion 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 withm ten (10) calendar days in wntmg of the cause of the delay If, on the basis of the facts and the terms of tlus Agreement, the delay is properly excusable, the Crty shall, m writing, extend the tune for completmg the work for a period of time commensurate with the penod of excusable delay B Rights Upon Termmation In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termmation, as described on a final mvoice submitted to the Crty After termination, the City may take possession of all records and data withm the Consultant's possession pertammg to tlus pro�ect which may be used by the Crty wrthout restnction Any such use not related to the pro�ect wluch Consultant was contracted to perform shall be without liabilrty or legal exposure to the Consultant CITY OF BREMERTON By Chal Martm rts Director of Pubhc Works & Uhlrties Date � `�--/� �--- CONSULTANT I � � _:_�� s- : � �����-� �: - - Approved as to form � ` Br erton Crty Attorney est � City Clerk U\Brem\Shazed\Drv�s�ons\OfficeSuoaortSvs\Confid\Contracts�2012 CLent Agrmnts\Ciri of Bremerton\1 Ith St Overcrossmg Bndge Load Ratmg\PSA 06112012 do Bremerton/jConsultant,] jPro�ect Namel Page 6 of 6 EXHIBIT A SCOPE OF WORK City of Bremerton 11th Street Overcrossing PHASE 1 — PROJECT MANAGEMENT TASK 1— Pro�ect Management and Support Measurable Task Objectives Parametrix (Consultant) will monrtor the progress of the work tasks, staff work loads, and milestones/deliverables wrth the pro�ect schedule, and w�ll make ad�ustments as necessary to keep the pro�ect on track Consultant will work closely with the City of Bremerton staff and provide pro�ect management to ensure that the proper level of effort is bemg applted to the pro�ect tasks and only provide services for what is truly needed to deliver the pro�ect Approach Our approach to the Engmeermg Services will mclude the followmg • Prepare a schedule showmg a specific deliverable date • Prepare progress report and b�llmgs Deliverables The deliverables will mclude � Meetmg Summaries (as appl�cable) • Transmittal Forms • Pro�ect Invoices and Status Reports TASK 2 Street Overcrossing, Gather Field Data Approach Our approach to the gathermg field data will mclude the followmg • Obtam and review the as-built girder shop drawmgs and contract bridge plans • Obtam and review previous mspection reports • Srte visrt to observe existmg condrtion of bridge Assumptions: • As-built bridge plans are available from the Crty and the origmal girder shop drawmgs are available from the pre-stressed manufacturer C�ry of Bremerton 214-1896-859 1lth Street Overcross�ng 1 June 2012 Brtdge No 215201 o Site Visrt will be limrted to 4 hours on srte • Srte visrt will be performed by two Parametnx employees � • A City engmeer or mspector will be on-srte durmg the srte visrt v All observattons will be performed v�sually from the deck and roadway below No spec�al equ�pment (man lifts, etc ) will be used Deliverables: The deliverables will mclude o A techmcal memorandum summarizmg the srte visrt TASK 3-11th Street Overcrossing, Bridge Load Rating Approach Our approach to the load ratmg will mclude the followmg • Perform a load ratmg analysis on the superstructure of the bridge • Prepare a bridge load ratmg report Assumptions: The followmg assumptions apply to the bridge ratmg • Load Ratings will be m accordance to WSDOT Bridge Design Manual Chapter 13 and The Manual for Bridge Evaluation, 1 st Edrtion wrth 2010 Interim Revisions • Only superstructure elements will be rated o Ratmg trucks will be limited to HS-20 design truck load, legal truck loads (Type 3, Type 352, Type 3-3), and two overload trucks Rahng vehicles are defined m WSDOT Bridge Design Manual Section 13 1 5 v Resistance factors w�ll be selected based on the condrtion states descnbed m the latest bridge mspection reports and the ex�stmg condrtions observed durmg the srte v�srt • Concrete deck slab will be rated • Load Ratmg will not mclude any addrtional load effects on the superstructure that maybe present due to the documented abutment wall translations e The results of th�s load ratmg will determme if there is a need for further actions Deliverables: The deliverables will mclude • Load ratmg summary report • Structural load rating calculations Crty of Bremerton 2/4-l896-859 /Ith Street Overcross�ng 2 June 2012 Br�dge No 215201 J TASK 4-11th Street Overcrossing, WSBIS Recommended Changes/ Revised Sufficiency Rating Measurable Task Objectives Parametrix will combme the results of our field observations, calculated load ratmg factors and the 2010 WSBIS Inventory Report to make recommended changes to the upcommg 2012 WSBIS After mcorporatmg the recommended changes the suffic�ency ratmg will be re-calculated Approach Our approach to the WSBIS recommended changes and sufficiency rahng will mclude the followmg Usmg the WSBIS Inventory Report from 2010, as a basis, Parametrix will make recommendations to update the 2010 repo the sufficiency ratmg The recommended concurrence durmg their 2012 mspection Deliverables: The dehverables will mclude • A new recommended sufficiency ratmg rt From these recommendations we will re-calculate changes will be grven to Krtsap County for the�r • Recommended changes to the WSBIS Inventory Report TASK 5 — QA/QC Goal Comply wrth all applicable QA/QC Standards and Procedures Approach Quality is a crrt�cal element to the rel�ability and success of the plamm�g and design effort Our goal under this task is to ensure that we commrt to quality, and through a systematic util�zation of checks and balances, deliver a pro�ect that �s fully m conformance wrth both the standards of our professton and expectations of the Chent Utilizmg the standards and procedures established by Parametrix as a base, we will mternally develop an appropriate plan for quahty, to ensure proper documentation of process design, peer and semor staff review, and other factors, as appropriate TASK 6-11th Street Overcrossing, Assistance with BRAC Application Approach Parametrix will assist the Crty m the preparahon of the BRAC application �f the load ratmg performed as part of this scope produces a sufficiency ratmg less than 40 Crty of Bremerton 214-1896-859 llth Street Overcrossing 3 June 2012 Brrdge No 215201 EXHIBIT B1 - FEE SCHEDULE � City of Bremerton 11 STREET OVERCROSSING 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 (1) Direct Rate x 3.1 Billin Rate Pro ect Mana er ote 3 $47 23 $146 41 $146 41 /hr Prmcipal Consultant (Note 4) $74 89 $232 16 $232 16/hr Senior Engmeer-Structural (Note 2) $50 00 $155 00 $155 00/hr Engmeer $42 02 $130 26 $130 26/hr Designer $37 66 $116 75 $116 75/hr Contracts Adm�mstration (Cartwright) $38 28 $118 67 $118 67/hr Word Processm $20 00 $62 00 $62 00/hr Pro�ect Accountant $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) Prmc�pal structural, ch�ef engmeer, etc , to be �dent�fied on a case by case bas�s 5) B�llmg 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 ( Client City of Bremerton Pro�ect 11th Street Overcrossmg Pro�ect No EXHIBIT B2 c L �, L C Y � a 3 C = � � J � � OC m � J 'p � G C C N � O `� L � o z ° o v 00 m C c �o C a, � V � C V �a LL � m c g m m y c c � N � O N � N > � u R V C � C y in O' � C a pp O pp � y C � n LL�j w "' w op `� E �• �` a � > � 'O 7 � U d {n � In W � d Burdened Rates $146 41 $232 16 $155 00 $116 75 $118 67 $62 00 $82 15 Phase Task Description Labor pollars Labor Hours Multiplfer O3 Bridge Load Rating $15,933 040 117 3 12 8 17 i6 63 2 8 3 01 x a ' OS ' � K Pro ect Mana ement; ,� �<� $1;301590 * `� �� 10 � � �`� 3`19 '�" � x � 4 � � � n �i �� �` "� � ° �� v , 2 � � � � � � '3 Ol 02 Srte Visit and Tech Memo �"� > � $2;619 780 ��` '� * � 16 � �� 3 12 � � � 2 � � � �' �6 ; � n � � g � �, Y � g ' � '° � ° � � � .� 01 � ` 03 Bnd e Rating � � x $6,199 570 ' `53 3 10 ' ` � 2 � � ° � � � s� ` � 47 � � � 4 � ?� Ol 04 � WSBIS/Suffiaenc Ratmg � "� � � � ^ °$1,398 320 10 „ ,� � 3 10 � t � .� 2 "° � ° �% � 8 � � , � ' ' '� � 01. <' � p5,� < � QA/QG � � � �, �; $2,944 320 . �� � � r� '18 � �3 10 � � � � �� � � s` : 2 , ,16 . . . , ,� � � � � � �� >', , 01 � � 06 BRAC A pl Assistance ° x $1;469 460 � � s � 10 � ~3 14 � � � � ` 2 � ° � � � �4 ; � � � ' � � " ' � � � � �s ; 4 �, AE01 Allocated Expenses 6% $0 000 0 00 AE01 � AE01 =Ailocated Ex �enses`6% �� Y� r � � ^ $p p00 '� ` < � p ` 00 ' ' � � � , � � � : ` � ` � � � � " Labor Totals - $15,933 040 117 8 17 16 53 2 8 3 Escalation Amt $o 00o So 00o So 000 $o 00o So 00o So 000 50 00o So 000 $1,171280 $3,946 720 52,480 000 $7,355 250 5237 340 $496 000 $246 450 SUBCONSULTANTS Subconsultant Name Amount Subconsultant Total $0 000 DIRECT EXPENSES Descrintion Amoun Allocated Expenses $9 55 980 Expense Total $955 980 Project Total $16,889 020