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5305
PAR.AMETRIX, INC
PSA - ilth & warren Pro�ect -- Additional Work
Engineering
LEG 12-1
10/22/2013
1/30/2014
2/28/2014
Comments
PROFESSIONAL SERVICES AGREEMENT
ll� and Warren Project — Additional Work
Project #1065
The Crty of Bremerton ("Crty") and Parametrix, 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 m the
Scope of Work, dated September 17, 2013, mcluding any attachments thereto , attached hereto as
Exhibrt A, which is mcorporated 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
addrtional 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 m accordance with generally accepted professional practices m effect at the time such
services are performed
II. Term: The Crty and the Consultant agree that work will begm on the tasks described m
Exhibrt A immediately upon execution of this Agreement The parties agree that the work
described m Exhibit A is to be completed as provided for in the work schedule attached hereto as
Exhibrt B, provided however, that addrtional time shall be granted by the Crty for excusable
delays or extra work as provided for m 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 Seventeen thousand ($17,000 00) dollars
Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and
mcorporated herem by this reference
The Consultant shall submrt regular billmg statements detailing work performed and
amount charged on each task or portion thereof The descriptions shall conform to and fall
withm the categories set out in the Scope of Work and/or Fee Schedule Upon receipt of a
conformmg 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 delmeated m Exhibit C
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 m accordance with
Exhibrt C
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought mto compliance Such v�nthholding does not relieve
Consultant of rts obligations under this Agreement
Bremerton/Parametrix, Inc
11�' and Warren Pro�ect — Additional Work
Page 1 of 7
)
IV. lZelationship of Parties: Consultant represents that rt is skilled in the matters addressed
m the Scope of Work and is performmg independent functions and responsibilities withm rts
field of expertise Consultant and rts personnel are mdependent Consultants and not employees
of the City Consultant and its personnel have no authority to bind the City or to control the
City's employees and other Consultants None of the benefits provided by the City to its
employees, including, but not 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 during the performance of
this Agreement The Crty may, durmg the term of this Agreement, engage other mdependent
Consultants to perform the same or similar work '
As an independent Consultant, Consultant is responsible for rts own management The
Crty's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or rts personnel
As an mdependent Consultant, Consultant is responsible for payment of all taxes and
licensmg fees necessary to perform its obligations under this Agreement These taxes and fees
mclude but are not limrted to State industrial insurance, Busmess & Occupation, State
professional licensmg, and City busmess licensmg If any taxes or fees due the City have been
declared delinquent, the City may withhold the delmquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant
V. Indemnification:
A Consultant shall defend, indemmfy and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, in�uries, damages, losses or
suits, mcluding all legal costs and attorney fees, arising out of or m 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 mdemmfication
B Archrtects, En�ineers and Anv Other Professional Listed In and Performmg
Services Defined m RCW 42 24 115 Should a court of competent �urisdiction determme that
�onsultant's services provided pursuant to this Agreement is subJect to RCW 4 24 115, then, in
�he event of liability for damages arising out of bodily m�ury to persons or damages to property
raused by or resultmg from the concurrent negligence of the Consultant and the City, rts officers,
officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to
rhe extent of the Consultant's negligence
�T IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
�NDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S
WAIVER OF IMMUNITY UNDER 1NDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
Bremerton/Parametrix, Inc
11�' and Warren Pro�ect — Additional Work
]'age 2 of 7
I
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 termmation of this Agreement
VI. Insurance: The Consultant shall procure and maintam for the duration of the Agreement,
insurance against claims for m�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 beginning work on the pro�ect described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencmg
1. Automobile Liability msurance wrth limits no less than $1,000,000 combined single
limit per accident for bodily m�ury and property damage, and
2. Commercial General Liability insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limrt per occurrence and general aggregate for
personal m�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
liability, and
3. Excess Liability insurance wrth limits not less than 1,000,000 limit per occurrence and
aggregate
4. Professional Liability msurance wrth limrts no less than $1,000,000 limit per
occurrence/claim
Any payment of deductible or self msured retention shall be the sole responsibilrty 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 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 Crty, 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 Crty further reserves the right to re�ect
any unacceptable policies and/or endorsements
The Consultant's Commercial General Liability msurance shall contam a clause stating
that coverage shall apply separately to each insured agamst whom claim is made or suit is
brought, except with respects to the limits of the msurer's liability
The Consultant's insurance shall be primary msurance as respects the Crty 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,
Bremerton/Parametrix, Inc
l l and Warren Pro�ect — Addrtional Work
Page 3 of 7
345 6�' 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
The Crty also reserves rts unqualified right to require at any time and for any reason,
proof of coverage m 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 m the time and form requested Consultant shall mamtam
accountmg records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts
B Ownershin and Use of Records and Documents Original documents, drawmgs,
designs and reports, mcludmg those m electronic format, developed under this Agreement are the
property of the City All written information submitted by the Crty to the Consultant m
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
informahon relating to rts own business If such information is publicly available or is already in
Consultant's possession or known to rt, 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 m Bremerton, Washmgton Consultant shall make such data, documents,
and files available to the City upon its request at all reasonable times for the purpose of editing,
�nodifying and updating as necessary until such time as the City is capable of storing such
rnformation in the Crty's offices Duplicate copies of this information shall be provided to the
�rty upon rts request, and at reasonable cost
All documents, includmg all reports, drawings, specifications, computer software or other
xtems prepared or furnished by Consultant pursuant to this Agreement, are mstruments of service
with respect to the pro�ect and are the property of the City Any reuse by the City for other than
i he specific purpose intended will be at Crty'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 rts offices in Bremerton, Washington Meetings wrth the Crty staff as described in
Bremerton/Parametrix, Inc
l l and Warren Pro�ect — Additional Work
Aage4of7
Exhibrt A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed
upon by the parties
E Entire Agreement This Agreement and rts Exhibrts 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
F Severabilitv 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 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
Crty Address
Public Works and Utilrties
Engmeering Division
3027 Olympus Drive
Bremerton, WA 98310
Consultant Address
Parametrix, Inc
4660 Krtsap 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 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 contained herein, or to exercise any ophon herem conferred m
one or more instances 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 wrth all applicable Federal, State,
and local laws m performing its obligations under this Agreement
L Choice of Law and Venue This Agreement shall be mterpreted according to the laws
of the State of Washmgton Any �udicial action to resolve disputes arising out of this Agreement
shall be brought in Krtsap County Superior Court
M Attorneys' Fees In the event of litigation to enforce any of the terms or provisions
herem, each party shall pay all its own costs and attorney's fees
N Assi�nment Any assignment of this agreement by the Contractor wrthout the written
consent of the Crty shall be void
Bremerton/Parametrix, Inc
1 l and Warren Pro�ect — Addrtional Work
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VIII. Nondiscrimination: Consultant shall not discrimmate 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 achons 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 Crty of Bremerton
for convemence This 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-
performing Party does not commence correction of the failure of performance wrthm thirty (30)
days of the termmating Party's sending notice to the non-performing Party Any Notice by
Consultant shall include a report showing the status of all items listed m 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 fundmg is wrthdrawn, reduced or limrted 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 Delays The right of Consultant to proceed shall not be termmated 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 m controlling, restrictmg, or requisitiomng 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
wrrtmg 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 writmg, extend the time for completmg the
work for a period of time commensurate with the period of excusable delay
B Ri�hts Upon Termination In the event of termination, the Crty 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 termmation, the City may take possession of all records and
data wrthin the Consultant's possession pertaimng to this proJect which may be used by the City
without restriction Any such use not related to the pro�ect which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant
X. Suspension & Debarment For contracts mvolvmg Federal funding, Consultant hereby
certifies, by sigmng this agreement, that neither it nor its prmcipals are presently debarred,
�uspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency Consultant shall provide
�mmediate written notice to the City if at any time rt learns that it is or has become ineligible for
rertification Should Consultant enter mto a covered transaction with another firm, Consultant
]Bremerton/Parametrix, Inc
l 1` and Warren Pro�ect — Addrtional Work
�'age 6 of 7
agrees by sigmng this agreement that it will verify that the firm with whom rt mtends to do
busmess is not debarred, suspended, ineligible, excluded or disqualified
CITY OF BREMERTON
�
By
rts r✓ t '�t G
Date _ �// � // �
Approved as to form
Bremerton Crty Attorney
R\Legal\Legal\Contracts�FORMS�Professional Sernces Agreement Form (2012) doc
CONSULTANT
/ i
�
By
Its � �fit
Date y /
A est
� '
rty Clerk �
Bremerton/Parametrix, Inc
1 l� and Warren Pro�ect — Addrtional Work
Page 7 of 7
EXHIBIT A
Scope of Work
City of Bremerton
Warren Avenue ADA Improvements
INTRODUCTION
The Warren Avenue Amer�cans wrth Disabilrties Act (ADA) Improvements pro�ect cons�sts of sidewalk
and landscaping improvements on Warren Avenue between 13` and 18` Streets m Bremerton,
Wash�ngton Th�s Scope of Work (SOW) descnbes our proposed work achvthes assoctated w�th
engineermg design and completion of plans and special provisions necessary to bid and construct the
�mprovements
The followmg tasks are assoc�ated with th�s SOW
Task 01 — Project Management
Objective: Obta�n pro�ect data, develop pro�ect work plan, monitor and manage scope, schedule and
budget, and per�odically meet wrth C�ty staff and other members of the design team to rev�ew
pro�ect status
Activities: The followmg activit�es are associated wrth this task
• Schedule, prepare for, attend, and document up to two pro�ect meetings that will mclude
the Consultant and City staff, e�ther m person or by conference call
. K�ckoff ineeting
. 90% destgn review meetmg
• Manage and direct the pro�ect technical team
• Provide routme pro�ect management and communications (scope, schedule, budget,
mvoicmg, etc )
• Prepare deta�led monthly progress reports and progress b�llmgs and subm�t to the City for
approval and payment The monthly report w�ll ►nclude
. A narrat�ve of the work perfor►ned and the tasks to be performed �n the next
reportmg pertod, and, if necessary, explanation of delays, problems, responsive
action requ�rements by the Consultant and the Crty, and other pro�ect needs
: An update on schedule progress
DeLverab/es: The followmg deliverables will be prepared
• Routme correspondence �ncludmg monthly progress reports
• Meeting agendas and notes
Gry of Bremerton 237-1896-999
Warren Avenue ADA /mprovements 1 September 4 10/3
Assumptions: The followmg assumptions apply to th�s task
• The two meetmgs will be attended by the Parametr�x Pro�ect Manager
• The durat�on of the pro�ect is est�mated to be four to five months (September 2013
through January 2014)
Task 02 — 90% and Bid Set PS�E
Objechve: Conduct engmeermg des�gn and prepare 90% and B�d Set Plans, Spec�fications, and Est�mate
for the proposed ADA improvements
Approacb The followmg actrv�t�es will be performed
Activity 1 An ADA-compliant pedestr�an pathway will be des�gned to prov�de access
from the s�dewalk ad�acent to the southbound lane of Warren Avenue to Br�dgeview
Lane near its mtersection wrth 18� Street The des�gn w�ll mcorporate approximately 100
feet of new s�dewalk and two curb ramps A short cottage stone retammg wall will likely
be required to address cross-slope grade d�fferences The existmg guard ra�l at the
sidewalk locat�on will be removed An informal, relatrve topographical survey will be
performed at the location of the new sidewalk to aid m des�gn and verify the feasib�lity of
providmg and ADA-compl�ant walkway
Activ�ty 2 New Induct�on Loop Veh�cle Detector Loops will be mstalled m the two
eastbound travel lanes on 16` Street at the mtersection wrth Warren Avenue The design
w�ll reference Bremerton Standard Plans
Activity 3 The plantmg str�ps between the s�dewalk and Warren Avenue between 15
Street and 13` Street will be converted to grass Improvements will mclude
improvements to the existmg �rr�gat�on system
• Act�vity 4 ADA-compliant curb ramps will be provided at the northeastern and south
eastern corners of the mtersect�on of Warren Avenue and 17�' Street An informal,
relat�ve topographical survey will be performed at the locatton of the new curb ramps to
atd m des�gn A bnef evaluation w�ll be performed regardmg sight distances for vehicles
stopped at the northeastern corner of the �ntersection The evaluat�on will consider
potential confl�cts between vehicles and pedestrians and potential opt�ons for stop bar
relocation relatrve to the crosswalk locat�on
The 90% and Bid Set plans completed and sealed by Parametr�x w�ll consist of the
followmg sheets
➢ Cover Sheet with V�c�n�ty and Location Map
➢ Index and Legend Sheet
➢ Civil Plan showmg work at 18` and Warren
➢ C►vil Plan showmg work at the remammg three act�v�ty areas
.Deliverables: The followmg delrverables are associated with th�s task
c'rty of Bremerton 237-1896-999
I�Varren Avenue ADA Improvements 2 September 4 2013
�
• Three hard copy sets of 90% and Bid Set Plans on l 1x17, Contract Documents and
Special Prov�s�ons
• Two hard coptes and one pdf set of sealed Bid Set Plans on full sized sheets
• AutoCAD and pdf files of all drawmgs and documents — prov�ded on CD
Assumptions: The following assumptions are associated with this task
, •
All plan sheets w�ll use a City-provided aenal photograph as a base map
• Topograph�cal surveys w�ll be relat�ve and will not require ties to extstmg benchmarks
• One set of consol�dated rev�ew comments will be rece�ved for the 90% PS&E
• The Contract Documents will be based on examples prov►ded by the C�ty (e g the Pac�fic
Avenue Improvements B�d Set Contract Documents)
Crry of Bremerton 237-/896-999
Warren Avenue ADA /mprovements 3 September 4, 2013
Exhibit B Schedule
Work Element Completed By
Notice to Proceed
90% PS&E
Bid Set PS&E
September 23, 2013
October 21, 2013
November 4, 2013
Pro�ect Close Out January, 30 2014
NOTES
The assumed turn-around t�me for City review
is 1 week
C�ty of Bremerton 237-1896-999
Warren Avenue ADA /mprovements 4 September 4 1013
Exhibit C Budget
TASKS 1 &2 LABOR
ALLOCATED EXPENSES (6% OF LABOR)
$14,508
$870
GRAND TOTAL ..........................................................................................................$15,379
NOTES:
The estimated fees shown above were determmed on a cost plus multipl�er basis, these fees shall not be
exceeded wrthout prior wr�tten approval by the City Personnel hourly rates shall be determ�ned as
follows Direct salary x 3 1 not to exceed $175 00 A breakdown of costs is prov�ded m the attached
budgetspreadsheet
Crty of Bremerton
Warren Avenue ADA Improvements
237-1896-999
September 4, 2013
'�� PARAMETRIX WARREN AVENUE ADA IMPROVEMENTS BUDGET ESTIMATE
PMX # gILLING Eng IV QA/QC Suroey CADD S Account Pro� Coord
MULTIPLIER STAFF PM D Dmkuhn � Wnght C Clark Kemnitz Rasmussen WP V Sodue Wray
233-1896-999 TOTAL BASE TOTAL
PHASE TASK 310 BILL RATES $52 18 $42 02 $56 45 $36 60 $27 40 $25 00 $26 95 $18 00 HOURS Cost COST
1 1 Pro�ect Management
Pro�ect Management 4 2 2 8 $298 62 $926
Subtotal 4 2 2 8 $298 62 $926
1 2 90% and Bid Set PSBE � � 4
Survey 8 8 $292 80 $908
Cover, Index, Legend (2) 1 2 1 4 $114 82 $356
Acitiwty 1(1) 1 8 1 16 1 27 $901 19 $2,794
Activities 2 through 4(2) 1 12 1 24 3 41 $1,324 47 $4,106
Contract, Bid Schedule, Special Provisions 1 16 1 2 8 4 32 $1,107 75 $3,434
Cost Estimate 1 8 � 1 I 4 2 2 18 $640 39 $1,985
Subtotal 4 45 4 8 48 10 11 130 $4,38142 $13,582
Labor Total 8 45 4 8 48 10 2 13 138 $4,680 04 $14,508
Expenses � � � �
Allocated Expenses (6°/a) of labor $870
GRAND TOTAL 15,379
Prepared By David Dinkuhn Reviewed By
9/17/2013