HomeMy WebLinkAbout5188Contract Number
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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
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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