Loading...
HomeMy WebLinkAbout5188Contract Number Vendor Sub�ect: Department: File Class Begin Date End Date• Review Date. Vault Date: :: PARAMETRIX, INC PSA - Evalution of Parking Facilities Facilities LEG 12-1 10/9/2012 11/30/2012 2014 Comments PROFESSIONAL SERVICES AGREEMENT Professional Structural Evaluations, Repair Speci�cations and Engineering Services Associated with Harborside and Downtown Parking Facilities The Crty of Bremerton ("Crty") and Parametrix ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services I. Scope: The Consultant agrees to perform the followmg services Professional Structural Evaluations, Repair Recommendations and Specifications, and Engineermg Services associated with the, City of Bremerton's Harborside Parkmg Facility and Dg wn Q���ing _F�ali y, o��� �.1 G investigate cracks and spallmg concrete areas of walls and floors" �I'�e cope o{'�o may e 7 modified only pursuant to Section VII G of this Agreement If the Scope of Work provides for o�- unspecified additional services such services shall only be performed upon the express written �O!`� �Z request of the City Consultant further represents that the services furnished under this Agreement will be performed in accordance wrth generally accepted professional practices m effect at the time such services are performed II. Term: The City and the Consultant agree that work will begin on the tasks described m Section I of this agreement immediately upon execution of this Agreement The parties agree that the work described m Section I is to be completed by November 30, 2012 provided however, for in the work schedule attached hereto as Exhib�t A, provided however, that additional time shall be granted by the City 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 m an amount not to exceed $5,000 00, as per the attached Rate Schedule, Exhibrt B The Consultant shall submrt regular billmg statements detailmg work performed and amount charged on each task or portion thereof The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Rate Schedule Upon receipt of a conforming billing statement, the City shall promptly process payment PROVIDED, HOWEVER, the Crty reserves the nght to priorrtize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herem 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 If a billing statement does not conform to this Agreement, the Crty may wrthhold payment until the statement is brought into compliance Such wrthholding does not relieve Consultant of its obligations under this Agreement Prof Structural Evaluations, Repa�r SpecificaUOns and Engmeenng Sernces Bremerton/Parametrix Associated with Harborside and Downtown Parkmg Facil�t�es Page 1 of 8 IV. Relationship of Parties: Consultant represents that it is skilled m the matters addressed m the Scope of Work and is performing mdependent functions and responsibilities within its field of expertise Consultant and its personnel are mdependent Consultants and not employees of the City 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 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 durmg the performance of this Agreement The Crty may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work As an mdependent Consultant, Consultant is responsible for its own management The City's admimstration 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 licensing fees necessary to perform rts obligations under this Agreement These taxes and fees mclude but are not limrted to State industrial msurance, Business & Occupation, State professional licensing, and Crty business licensing If any taxes or fees due the Crty have been declared delinquent, the Crty may wrthhold the delmquent amount, plus any addrtional charges arising from the delinquency, from any payments due Consultant V. Indemnification: Consultant shall defend, mdemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, in�unes, damages, losses or suits, includmg all legal costs and attorney fees, arismg out of or m connection with the performance 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 determme 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 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 1NDUSTRIAL 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 Prof Structural Evaluations, Repa�r Specifications and Engmeermg Serv�ces Bremerton/Parametnx Associated wrth Harborside and Downtown Park�ng Facilmes Page 2 of 8 VI. Insurance: The Consultant shall procure and mamtam for the duration of the Agreement, insurance agamst 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, representatives, employees, sub-consultants or sub-Consultants Before begmmng work on the pro�ect described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencmg 1. Automobile Liabilitv msurance with limits no less than $1,000,000 combined smgle limit per accident for bodily in�ury and property damage, and 2. Commercial General Liabilitv msurance wntten on an occurrence basis wrth limrts no less than $1,000,000 combined smgle limit per occurrence and general aggregate for personal m�ury, bodily 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 liability, and 3. Excess Liability msurance with limits not less than 1,000,000 limit per occurrence and aggregate 4. Professional Liabilitv insurance with limits no less than $1,000,000 limit per occurrence/claim Any payment of deductible or self msured retention shall be the sole responsibility of the Consultant All required policies shall be provided on an "occurrence" basis except professional liabilrty 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 Crty, which names the Crty as an addrtional msured 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 Liabilrty insurance shall contam a clause stahng that coverage shall apply separately to each msured agamst whom claim is made or surt is brought, except wrth respects to the limrts of the insurer's liability The Consultant's insurance shall be primary msurance as respects the City and the Crty shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or matenal change m coverage The Crty also reserves its unqualified right to require at any time and for any reason, proof of coverage m the form of a duplicate of the msurance policy with all endorsements as evidence of coverage Prof Structural Evaluahons, Repa�r Spec�fications and Engmeermg Services Bremerton/Parametrix Associated with Harborside and Downtown Parkmg Facilities Page 3 of 8 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 time and form requested Consultant shall maintain accounting records m accordance wrth Generally Accepted Accountmg Prmciples (GAAP) to substantiate all billed amounts B Ownership and Use of Records and Documents Origmal documents, drawmgs, designs and reports, mcludmg those in electronic format, developed under this Agreement are the property of the City All written information submitted by the City to the Consultant m connection wrth the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to rts own business If such informahon is publicly available or is already m Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear 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 in Bremerton, Washmgton Consultant shall make such data, documents, and files available to the Crty upon rts request at all reasonable times for the purpose of edrtmg, modifymg and updating as necessary until such time as the Crty is capable of stormg such mformation in the City's offices Duplicate copies of this mformation shall be provided to the City upon rts request, and at reasonable cost All documents, includmg all reports, drawings, specifications, computer software or other rtems prepared or furnished by Consultant pursuant to this Agreement, are instruments of service wrth respect to the proJect and are the property of the Crty Any reuse by the Crty 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 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 connecrion wrth the work D Place of Work The Consultant shall perform the work authorized under this Agreement at rts offices in Bremerton, Washington Meetmgs wrth the City staff as described m Section I, 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 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 F Severabilitv Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect Prof Structural Evaluations, Repair Specificat�ons and Engineermg Services Bremerton/Parametnx Assoc�ated wrth Harbors�de and Downtown Parkmg Fac�I�Ues Page 4 of 8 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 in writmg City Address Wayne Hamilton, Utilities Operations Mgr Crty of Bremerton 100 Oyster Bay Avenue N Bremerton, WA 98312 Consultant Address Phil Struck, Prmcipal Parametrix 4660 Kitsap Way 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 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 msist upon strict performance of any of the covenants and agreements contamed herein, or to exercise any option herem conferred in 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 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 arismg out of this Agreement shall be brought m 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 wrthout the written consent of the Crty shall be void VIII. Nondiscrimination: Consultant shall not discriminate m 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: This Agreement shall remam in force until completion and acceptance of the services, termmated by written mstrument upon mutual consent, or by the Crty of Bremerton for convemence This Agreement may be immediately termmated for cause by a Party if the Prof Structural Evaluations, Repa�r Specifications and Engineermg Servwes Bremerton/Parametrix Associated wrth Harborside and Downtown Parkmg Facilrties Page 5 of 8 other Party substanhally fails to perform through no fault of the termmating Party, and the non- performing Party does not commence correction of the failwe of performance vv�thin thuty (30) days of the termmating Pariy's sendmg notice to the non-performing Party Any Notice by Consultant sha11 include a report showuig the status of all rtems listed in the Scope of Work current through the termination da.te If the Crty receives reunbursement 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 prior to the completion of the work, the Crty may summarily terminate this Agreement. A. Excusable Dela,�rs. The right of Consultant to proceed sha11 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 govemment in controlling, restricting, or reqwsitioning 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 pubhc agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that aze beyond the control and vv�thout the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of uausual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the Crty within ten (10) calendar days in writing 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 City shall, in writmg, extend the time for completing the work for a penod of time commensurate with the penod of excusable delay. B. Ri ts Upon Termuiation: In the event of termmation, the Crty shall pay for all services performed by the Consultant to the effective da.te of terminat�on, as described on a final mvoice 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 Crty vv�thout restriction. Aay such use not related to the project which Consultant was contracted to perform shall be without liabihty or legal exposure to the Consultant CITY OF BREMERTON � By . Chal Martin rts. Pubhc Works, Director Date Approved as to form Bremerton ity Attomey Prof Structural Evaluations, Repair Spec�fications and Engnneenng Services Associated w�th Harborside and Downtown Parlang Fac�lrties D...... < ..F Q CONSULTANT �1nra�e�ri x. TN�. By S �ts �. _ �,,. ��. Date. /D - y' - / 2 ►�� • �� - Bremerconrnazamemx EXHIBIT A Work Schedule Location # 1 Harborside Parking Facilrty 100 Washington Avenue Bremerton, WA 98337 LEVELS P-1, P-2, P-3, KT-1, KT-2 Location #2 Downtown Paxkmg Facilrty 405 Washington Avenue Bremerton, WA 98337 LEVELS 1 through 9 and NE, SW Stairwells Prof Structural Evaluations, Repair Specifications and Engmeenng Servwes Bremerton/Parametnx Associated w�th Harborside and Downtown Parkmg Fac�liUes Page 7 of 8 EXHIBIT B Rate Schedule (*As Applicable) Drvision Manager Semor Engmeer Engineer IV Designer III Pro�ect Accountant Word Processing Specialist $243 39 $162 50 $122 40 $117 00 $86 13 $68 71 Please note that this is a"not to exceed" contract with a total amount set at $5,000 Prof Structural Evaluations, Repa�r Specifications and Engmeenng Services Assoc�ated wrth Harbors�de and Downtown Park�ng Fac�lmes Page 8 of 8 Bremerton/Parametr�x SCOPE OF WORK - City of Bremerton Harborside and Downtown Parking Facilities PHASE 1 — PROJECT MANAGEMENT TASK 1— Project Management and Support Measurable Task Objectives N Parametrix (Consultant) will monitor the progress of the work tasks, staff work loads, and milestones/deliverables with 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 applied to the pro�ect tasks and only provide services for what's truly needed to del�ver the pro�ect Approach Our approach to the Engmeermg Services will mclude the followmg • Develop a schedule for field v�srt and pro�ect deliverables • Prepare progress report and billmgs Deliverables The deliverables will mclude • A meetmg wrth C�ty staff durmg field visrt � • Transmittal Forms • Pro�ect Invoices and Status Reports TASK 2— Field Observation (Harborside and Downtown Parking Facilities), Gather Field Data � Approach Our approach to the gathermg field data will mclude the followmg • Review existmg drawmgs, as available • Site visrt to observe existmg condition of the parkmg garages See Exhibrt A for specific locat�ons to observe Ciry of Bremerton 999-1896-999 Load Ranng 1 October 2012 9 � SCOPE OF WORK (CONTINUED) Assumptions: • Srte Visit will be limited to 6 hours on site • Srte visrt will be performed by one Parametr�x employee • A City engmeer or mspector will be on-srte durmg the srte visrt � •_ All observat�ons will be performed v�sually from the parkmg decks and stairwells No spec�al equipment (man lifts, etc ) will be used Deliverables: The deliverables will mclude • A techmcal memorandum summariztng our find�ngs durmg the site v�srt, repair strategies and, recommendations n J ( Crty of Bremerton Parking Garages � 999-1896-999 October 2012