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HomeMy WebLinkAbout5305Contract Number: Vendor: Sub�ect: Department• File Class: Begin Date: End Date: Review Date: Vault Date: 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 Page 5 of 7 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