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HomeMy WebLinkAbout07/10/2013 AGENDA CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 * * *3rdAMENDMENT * ** JULY 10, 2013 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public but there will be no opportunities for input or participation; no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by the City Council, the items will be placed on the July 17, 2013 Council Meeting Agenda. (The only exception is Item 87...) A. NO PRESENTATION PLANNED —The following items are budgeted items or have already been reviewed by the appropriate Council Committee: 1. Appointment of Vandy Smith to the CDBG /HOME Grant Recommendation Committee 2. Appointment of Bo Palmer to the Bremerton Housing Authority Board of Commissioners 3. Goods & Services Agreement with H.D. Fowler Company for Purchase of Water System Pressure Regulating Valve System 4. Land Lease Agreement with SBA 2012 TC Assets, LLC for Communication Site at 3027 Olympus Drive 5. Resolution adopting the 2013 Comprehensive Emergency Management Plan (CEMP) for the City of Bremerton B. FULL PRESENTATION ITEMS 6. Authorization for City to participate in a U.S. Department of Defense, Office of Economic Adjustment "Joint Land Use Study" 7. Professional Services Agreement with Rice Fergus Miller for Design Services for the Kitsap Conference Center Expansion Project (With action anticipated...) C. GENERAL COUNCIL BUSINESS 1. Public Works Committee Briefing (7109113 Meeting) — Adam Brockus, Chair 2. Public Safety & Parks Committee Briefing (7110113 Meeting) — Leslie Daugs, Chair 3. Lodging Tax Advisory Committee Briefing (719 -10113 Meetings) — Nick Wofford, Chair 4. Other General Council Business (As necessary...) D. EXECUTIVE SESSION 20- Minutes to Review Personnel Performance per RCW 42.30.110(1)(g) (No action anticipated...) E. ADJOURNMENT OF STUDY SESSION ® Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT Professional Services Study Session Date July 10, 2013 Agreement for Design Services, Kitsap COUNCIL MEETING Date July 10, 2013 Conference Center Expansion Project Department Public Works Presenter Chal Martin Phone (360) 473 -5758 SUMMARY in accordance with the provisions of RCW 39 80, the City is negotiating a consultant services agreement with the architectural firm of Rice Fergus Miller to design the tenant improvements and provide the public bid package for the Kitsap Conference Center Expansion Project The contract will also include provisions for construction administration This consultant services agreement will be consistent with a project schedule targeting construction start October 16, 2013, and construction completion by March 31, 2014 The proposed agreement has not been completed as of the cutoff date for agenda submission, but is expected to be available Wednesday, July 3`� In order to keep this project on schedule and enable the consultant to begin work as soon as possible, we are requesting Council approval of this contract at the July 10 study session ATTACHMENTS Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount) Total project budget of $1,100,000 includes $500,000 from the City, $400,000 from the Public Facilities District, and $200,000 from Kitsap Transit STUDY SESSION AGENDA ❑ No Presentation ® Full Presentation RECOMMENDED MOTION Motion to approve a Professional Services Agreement with Rice Fergus Miller for $79,000 00, authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented, and further direct staff to present a mutually agreed upon Lease Agreement for approval before presentation of a Construction Contract for the Kitsap Conference Center Expansion Project STUDY SESSION ACTION ® Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 PROFESSIONAL SERVICES AGREEMENT Kitsap Conference Center Expansion Protect The City of Bremerton ( "City ") and Rice Fergus Miller Architects ( "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 and Schedule Work, dated July 2, 2013, attached hereto as Exhibit A, which is incorporated by reference herein 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 Exhibit A immediately upon execution of this Agreement The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule described in Exhibit 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 in an amount not to exceed $79,000, excluding any applicable sales tax 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 1I herein The Consultant's labor rates and billing fees shall be as delineated in Exhibit 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 with Exhibit B 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 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 Bremerton/Rice Fergus Miller Kitsap Conference Center Expansion Project Page 1 of 1 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 arising from the delinquency, from any payments due Consultant V. Indemnification. A 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, arising out of or in connection with Consultant's performance of this Agreement, unless Consultant is conducting work pursuant to Subsection B below The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification B Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4 24 115 Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4 24 115, then, in the event of liability for damages arising out of bodily injury 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 Bremerton/Rice Fergus Miller Kitsap Conference Center Expansion Project Page 2 of 2 The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage VII General 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 Bremerton/Rice Fergus Miller Kitsap Conference Center Expansion Project Page 4 of 4 E Entire Agreement This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement F 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 1st 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 N 275 Fifth Street, Suite 100 Bremerton, WA 98312 Bremerton, Washington 98337 I Waiver Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power J Non - Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or 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 arising out of this Agreement shall be brought in Kitsap County Superior Court M Attorneys' Fees In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees N Assignment Any assignment of this agreement by the Contractor without the written consent of the 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 Bremerton/Rice Fergus Miller Kitsap Conference Center Expansion Project Page 5 of 5 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 Party, and the non- 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 Upon 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 X. Suspension & Debarment For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified Bremerton/Rice Fergus Miller Kitsap Conference Center Expansion Project Page 6 of 6 CITY OF BREMERTON CONSULTANT By By its its Date Date Approved as to form Attest Bremerton City Attorney City Clerk Bremerton/Rice Fergus Miller Kitsap Conference Center Expansion Project Page 7 of 7 i 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 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 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 it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473- 5161, or by certified mail, return receipt requested to City of Bremerton, attn Risk Management, 345 O h Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement Bremerton/Rice Fergus Miller Kitsap Conference Center Expansion Project Page 3 of 3 Appendix A Scope and Schedule of Services Kitsap Conference Center Expansion Project July 2, 2013 1 Project Description This project, to be constructed for the City of Bremerton, is the initial build -out of approximately 6,5oo SF of unoccupied third -floor space in the Commuter Retail /Office Building Originally designed to accommodate office users, this space will instead be built out for meeting /assembly use, prompting some upgrades and limiting occupancy counts New space includes five meeting rooms with a total of three operable partition walls, a service pantry, restrooms, and storage An already- constructed corridor serves the new space This new conference space will serve to expand the capacity of the existing Conference Center located in the building's main level The project will be publicly bid with prevailing wage rates Columbia Hospitality, the City's contracted operator at the Conference Center, will participate with the City in the planning of this expansion II Scope of Services Consultant and its sub - consultants will provide the following basic services to produce construction documents suitable for acquiring building permits and bidding to the public • Architecture and Interior Design • Construction documents, including cover sheet information, exiting and occupancy plan, floor plan, reflected ceiling plan, door schedule, and remedial work on the second floor (Kitsap Transit space) if required for ceiling or chases • Finish selections for floors, walls, wall partitions, ceilings, doors, hardware, and other materials found in the work • Technical specifications, including owner - provided front end • Assistance /support during bid period administered by the City of Bremerton (answering bidder questions and issuing clarifications and up to one addendum) • Up to three (3) Team /Owner coordination meetings • Coordination of mechanical, electrical and structural engineering work, including roof penetration for the new HVAC unit • Delineation of one additive alternate (Meeting Rooms 1 and z) and of two simple deductive alternates (such as carpet or paint) • Structural Engineering o Construction documents for strengthening of third floor central girder (four bays) and the placement point for the new HVAC unit on the roof • Mechanical Engineering o Performance design specifications and general floor plan for needed additional 15 -ton HVAC system and distribution, plumbing, and fire sprinkler work Bremerton/Rice Fergus Miller Kitsap Conference Center Expansion Project Page 8 of 8 o Assistance /support during bid period administered by the City of Bremerton (answering bidder questions and issuing clarifications /addenda) • Electrical Engineering • Design and construction documents for service and power distribution including new transformer, lighting with required day light zone control and automatic shut -off control, telephone /data communications system, and fire alarm system • Compliance with requirements of the energy code • One meeting with special lighting designer • Attendance at up to two (z) coordination meetings • Performance specification for audio - visual system • Design for wireless access in all meeting rooms • Design for Access Control connected to existing system • Cost Estimating o One estimate at 5o% construction documents progress • Construction Cost Containment o RFM will actively engage with the City's Project Manager as the design documents are developed, to incorporate processes, techniques, and materials to minimize construction expense III Additional Services Recognizing the value and efficiency of continuing with the project design consultant through the project construction phase, the City anticipates it will request additional services through a separate contract or addendum, for some or all of the following • Construction Administration, including interpretation of the construction documents, submittal review, answering requests for information (BFI's) and requests for substitutions, review of design /build proposals against performance specifications, review of shop drawings, site visits for evaluation of the work's general conformance with the contract documents, attendance at weekly project meetings with the contractor, review of contractor's requests for payment, substantial completion (punch list) activities, post- occupancy tasks, etc • Services for elevator design /replacement • Services in connection with commissioning of HVAC and other systems • Structural engineering for roof member strengthening, including architectural coordination (may be required depending on moveable partition specification) • Discussions /meetings with agencies having jurisdiction during the construction phase of the project (City, L &I, etc ) • Other services deemed necessary, such as soil engineers, hazardous materials surveyors, or other consultants • LEED certification • Record documents • Permit submittals IV Owner Responsibilities The City of Bremerton will provide continuous project management The City will provide its design objectives, constraints and criteria, in coordination with Kitsap Transit, the City will provide all available Bremerton/Rice Fergus Miller Kitsap Conference Center Expansion Project Page 9 of 9 dimensioned drawings describing existing improvements The City will provide a Maximum Allowable Construction Cost (MACC) amount with the Authorization to Proceed V Schedule Per the Owner's published communications • Design Team Authorization to Proceed — Thursday, July 11 • Design Team have construction documents ready for distribution to support City of Bremerton bid advertisement -- Friday, September 6th • Open bids -- Monday, September 30th • (For reference anticipated construction phase October 16, 2013 - March 31, 2014 ) VI Compensation Compensation for the services outlined in Section II above shall be a Fixed Fee of seventy -nine thousand dollars ($79,000) Additional Services, if requested, will be billed on an hourly basis at standard hourly rates, as listed in the attached Hourly Billing Rate Sheet (Appendix B), or, as agreed to prior to commencement of the Additional Services Reimbursable expenses are not included in the Basic Services fee above Any reimbursable expenses authorized by the Owner will be billed at cost plus 10% VII Terms of Agreement The formal Owner - Architect agreement for this project consists of • Professional Services Agreement • Appendix A (Scope and Schedule of Services) • Appendix B (Rice Fergus Miller Hourly Billing Rate Sheet) Bremerton/Rice Fergus Miller Kitsap Conference Center Expansion Project Page 10 of 10 Appendix B Hourly Billing Rate Sheet Rice Fergus Miller July 2, 2013 Senior Principal in Charge $ 220 00 Project Manager $ 130 00 -$17000 Project Architect $ 9500 -$17000 Technical Designer / Production Support $ 8000 - $ 130 00 Interior Designer $ 7500 - $ 130 00 Marketing Staff $ 6500 -$10000 Project Coordinator $ 8000 Administrative Staff $ 6500 - $ 100 00 Graphics Visualization Staff $ 8000 -$14000 Bremerton/Rice Fergus Miller Kitsap Conference Center Expansion Project Page 11 of 11 i Conference Center Design / Bid / Construction Milestones • Submit agenda Item for July 10 Council Study Session — Monday, July 1 12 00 noon • Finalize statement of work/contract — Wednesday, July 3` 11 00 a m • Council considers professional services contract — Wednesday, July 10, 2013 • Authorization to proceed — Thursday, July l 1 th • Kickoff meeting, offices of Rice Fergus Miller, 10 00 a in — Thursday, July 11, 2013 • Bid project — Friday, September 6 th (could go early the following week) • Open bids — Monday, September 30 • Award bid — Wednesday, October 2 nd • Contractor notice to proceed — Wednesday, October 16 • Construction complete — March 31, 2014 Project budget maximum, Including both hard and soft costs • 3` floor tenant improvements $900,000 • Elevators $200,000 The Initial thought is to separate the 3` floor tenant improvements from the elevator work Elevator work may lend Itself to a "Request for Proposals" process We'll see how that develops as we get further Into the details Martin 7/10/2013 Public Works & Utilities 1 100 Oyster Bay Ave N , Bremerton, WA 98312 * Phone (360) 473 -5315 * Fax (360) 473 -5018