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HomeMy WebLinkAbout5306Contract Number• Vendor Sub�ect: Department: File Class Begin Date: End Date. Review Date: � Vault Date: Comments. 5306 RICE FERGUS MILLER ARCHITECTS PSA - Kitsap Conference Center Expansion Pro�ect Public Works LEG 12-1 11/1/2013 3/31/2014 4/30/2014 2016 PROFESSIONAL SERVICES AGREEMENT Kitsap Conference Center Expansion Project — Construction Administration Services The City of Bremerton ("City") and Rice Fergus Miller Arclutects ("Consultant"), referred to collectively as the "Parties," enter mto the following Agreement for professional services I. Scope of Work: The Consultant agrees to perform the services descnbed as follows Construchon admmistration services for the Kitsap Conference Center Expansion Pro�ect II. Term: The City and the Consultant agree that work will begm immediately upon execuhon of tlus Agreement, and continue for the duration of the Kitsap Conference Center Expansion Pro�ect, anticipated to be completed by March 31, 201 , provided however, that addihonal time shall be granted by the City for excusable delays or ex a work as provided for m Section IX A of tlus agreement III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $30,000, excludmg any applicable sales tax The Consultant shall submit regular billmg statements detailmg work performed and amount charged on each task or portion thereof The descnptions shall conform to and fall witlun the categones set out m the Scope of Work and/or Fee Schedule Upon receipt of a conforming billmg statement, the City shall promptly process payment PROVIDED, HOWEVER, the City reserves the nght to pnontize scoped work and accelerate and/or delay work tasks under the rime frame set forth m Sechon II herem The Consultant's labor rates and billmg fees shall be as delmeated m Exlubit A 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 and, if not otherwise provided, such compensahon shall be in accordance with Exlubit A If a billing statement does not conform to tlus Agreement, the City may withhold payment until the statement is brought into compliance Such withholding does not relieve Consultant of its obligations under tlus Agreement 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 responsibihties witlun its field of expertise Consultant and its personnel are independent Consultants and not employees of the City Consultant and rts personnel have no authonty to bmd the City or to control the Crty's employees and other Consultants. None of the benefits provided by the City to its employees, mcluding, but not limited to, compensation, insurance, and unemployment insurance aze available from the City to the employees, agents, representahves, or sub-Consultants of the Bremerton/Rice Fergus Miller I{itsap Conference Center Expansion Pro�ect — Construction Admimstrahon Services Page 1 of 1 Consultant Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants dunng the performance of tlus Agreement. The City may, dunng the term of tlus Agreement, engage other independent Consultants to perform the same or similar work As an independent Consultant, Consultant is responsible for its own management The Crty's admimstration 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 t�es and licensing fees necessary to perform its obligations under this Agreement These taxes and fees include but are not hmrted to State mdustnal msurance, Busmess & Occupahon, State professional licensing, and City busmess licensmg. If any taxes or fees due the Crty have been declared delmquent, the City may withhold the delmquent amount, plus any additional charges arising from the delmquency, from any payments due Consultant V. Indemnification: Archrtects, En�neers and Any Other Professional Listed In and Performmg Services Defined m RCW 4 24 115 Should a court of competent �unsdiction determme that Consultant's services provided pursuant to tlus Agreement is subJect to RCW 4 24 115, then, m the event of liability for damages ansing out of bodily m�ury to persons or damages to property caused by or resultmg 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 1NDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WANER 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 termmation of tlus Agreement VI. Insurance: The Consultant shall procure and mamtam for the durahon of the Agreement, insurance agamst claims for m�unes to persons or damage to property which may arise from or rn connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants Before begmrung work on the pro�ect descnbed m tlus Agreement, the Consultant shall provide a Certificate of Insurance evidencing 1. Automobile Liabilitv msurance wrth hmrts no less than $1,000,000 combmed smgle limit per accident for bodily in�ury and property damage, and 2. Commercial General Liabilitv msurance wntten on an occunence basis wrth limits no less than $1,000,000 combined single limit per occurrence and general aggregate for Bremerton/Rice Fergus Miller Kitsap Conference Center Expans�on Pro�ect — Construction Admirustration Services Page 2 of 2 personal m�ury, bodily m�ury and property damage Coverage shall mclude but not be limited to blanket contractual, products/completed operations/broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's habilrty, and 3. Excess Liabilitv msurance wrth hmrts not less than 1,000,000 hmrt 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 insured retention shall be the sole responsibility of the Consultant All required policies shall be provided on an "occurrence" basis except professional habilrty msurance (if required), which may be provided on a"claims-made" basis The Crty shall be named as an addrtional msured 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 addihonal msured shall be attached to the Certificate of Insurance The Crty reserves the nght to receive a certified copy of all the required msurance policies and endorsements The Crty further reserves the nght to re�ect any unacceptable policies and/or endorsements The Consultant's Commercial General Liability insurance shall contam a clause statmg that coverage shall apply separately to each insured agamst whom claim is made or surt is brought, except with respects to the hmrts of the msurer's habilrty The Consultant's msurance shall be pnmary insurance 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, 345 6�' Street, Suite 600, Bremerton, WA 98337 withm two days of the cancellation, suspension or substantive change of any msurance policy set out herem, and failure to do so shall be construed to be a breach of tlus Agreement The City also reserves its unqualified nght to require at any hme 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 Informahon When requested by the City, Consultant shall fixriush penodic reports and documents on matters covered by tivs Agreement The reports and documents shall be furnished m the time and form requested Consultant shall mamtain accountmg records m accordance with Generally Accepted Accountmg Pnnciples (GAAP) to substantiate all billed amounts Bremerton/Rice Fergus Miller Kitsap Conference Center Expansion Pro�ect — Construction Admimstrahon Services Page 3 of 3 B Ownership and Use of Records and Documents Origmal documents, drawmgs, designs and reports, mcludmg those m electromc format, developed under tlus 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 tlus Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like mformation relatmg to rts own business If such mformation is publicly available or is already in Consultant's possession or known to it, or is nghtfully obtamed by the Consultant from tlurd parties, Consultant shall bear no responsibilrty for its disclosure, inadvertent or otherwise All data, documents and files created by Consultant under tlus Agreement may be stored at Consultant's office m Bremerton, Washmgton Consultant shall make such data, documents, and files available to the Crty upon its request at all reasonable times for the purpose of edihng, modifymg and updahng as necessary until such time as the Crty is capable of stonng such information in the Crty's offices Duplicate copies of tlus mformation shall be provided to the City upon its request, and at reasonable cost All documents, including all reports, drawmgs, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, aze mstruments of service with respect to the pro�ect and are the property of the City Any reuse by the City for other than the specific purpose mtended will be at City's sole nsk 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 nsk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection wrth the work D Place of Work The Consultant shall perform the work authonzed under this Agreement at rts offices m Bremerton, Washmgton Meetmgs with the City staff as descnbed m Exlubrt A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties E Enhre Agreement This Agreement and rts Exhibrts conshtutes the entire agreement between the Parhes, and the Parhes acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of tlus Agreement F Severabilitv Should any part of tlus 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. Wntten 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, Bremerton/Rice Fergus Miller Kitsap Conference Center Expansion Pro�ect — Construction Admimstrahon Services Page 4 of 4 and shall be deemed sufficiently given if sent to the addressee at the address stated in tlus Agreement or such other address as may be hereafter specified m wnting Crty Address 100 Oyster Bay Avenue N Bremerton, WA 98312 Consultant Address 275 Fifth Street, Suite 100 Bremerton, Waslungton 98337 I Waiver Failure to enforce any provision of tlus Agreement shall not be deemed a wasver of that provision Waiver of any nght or power arismg out of tlus Agreement shall not be deemed waiver of any other nght or power J Non-Waiver of Breach The failure of the City to msist upon stnct performance of any of the covenants and agreements contamed herein, or to exercise any option herem conferred m one or more instances shall not be construed to be a waiver or relmquishment of said covenants, agreements or ophons, and the same shall be and remain m full force and effect K Compliance with Laws Consultant shall comply wrth all applicable Federal, State, and local laws m performing rts obhgations under tlus Agreement L Choice of Law and Venue Tlus Agreement shall be interpreted according to the laws of the State of Waslungton Any �udicial achon to resolve disputes ansing out of tlus Agreement shall be brought in Kitsap County Supenor 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 without the wntten consent of the Crty shall be void VIII. Nondiscrimination: Consultant shall not discnminate m employment or services to the public on the basis of race, color, nahonal ongm, sex, religion, age, marital status, disability, or sexual onentation except for employment actions based on bona fide occupational qualification IX. Termination: Tlus Agreement shall remain in force until complehon and acceptance of the services, terminated by wntten mstrument upon mutual consent, or by the City of Bremerton for convemence This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminahng Party, and the non- performmg Party does not commence correchon of the failure of performance witlun thirty (30) days of the termmatmg Party's sendmg notice to the non-performmg Party Any Notice by Consultant shall mclude a report showmg 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 descnbed in Section I herein, and that fundmg is wrthdrawn, reduced or lumted m any way, or the pro�ect is Bremerton/Rice Fergus Miller Kitsap Conference Center Expansion Pro�ect — Construchon Admmistrahon Services Page 5 of 5 cancelled or substantially reduced after the execuhon date of tlus Agreement and pnor to the completion of the work, the City may summarily termmate tlus Agreement A Excusable Delays• T'he nght 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 in controllmg, restrictmg, or requisitiorung matenals, 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 causmg such delay, and 3) causes not reasonably foreseeable by the parties at the hme of the execuhon of the Agreement that are beyond the control and without the fault or negligence of the Consultant, mcludmg, but not restncted to, acts of God, fires, floods, strikes, or weather of unusual severity PROVIDED, HOWEVER, that the Consultant must promptly notify the City withm ten (10) calendar days m wrihng 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 wnhng, extend the tune for completing the work for a period of time commensurate wrth the penod of excusable delay B Ri ts Upon Termmation In the event of termmation, the City shall pay for all services performed by the Consultant to the effechve date of termination, as descnbed on a final invoice submitted to the City After termination, the Crty may take possession of all records and data witlun the Consultant's possession pertairung to tlus pro�ect which may be used by the Crty without restnchon 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 involvmg Federal funding, Consultant hereby certifies, by signmg tlus agreement, that nerther rt nor its pnncipals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntanly excluded from participation in tlus transachon by any Federal deparhnent or agency Consultant shall provide immediate written notice to the Crty if at any time rt learns that rt is or has become mehgible for certificahon Should Consultant enter into a covered transaction with another firm, Consultant agrees by signmg tlus agreement that it will verify that the firm wrth whom rt mtends to do busmess is not debarred, suspended, meligible, excluded or disqualified CITY OF BREMERTON CONSULTANT � - �_ By Pa ent By �o�,1w.,•� (��,��A�Y rts M or rts i�' a�G�DrV Dat�/��/ -- l3 Date � b. �p � I� Approved as to form Attest Br erton City Att City Clerk Bremerton/Rice Fergus Miller Kitsap Conference Center Expansion Pro�ect — Construction Admmistration Services Page 6 of 6 Exhibit A Labor Rates and Billing Fees Rice Fergus Miller 16 October 2013 Semor Pnncipal m Charge $ 220 00 Pro�ect Manager $ 130 00 -$ 170 00 Pro�ect Arclutect $ 95 00 -$ 170 00 Techxucal Designer / Production Support $ 80 00 -$ 130 00 Intenor Designer $ 75 00 �- $ 130 00 Marketmg Staff $ 65 00 -$ 100 00 Pro�ect Coordmator $ 80 00 Admmistrative Staff $ 65 00 -$ 100 00 Graplucs Visual�zation Staff $ 80 00 -$ 140 00 Bremerton/Rice Fergus Miller Kitsap Conference Center Expansion Pro�ect — Construction Admirustration Services Page7of7