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Vendor
Subject
Department
Status Code
Amount
Begin Date
End Date
Review Date
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Contract Number 4479
PORTICO GROUP
Design - Maritime Park & Memorial Plaza
Econ Devel
PRO File Class LEG 12-1
$229209.00
03/21/2005
07/15/2005
02/15/2008
GL
AL
E&O
$4000000.00 Insurance Total
$2000000.00 Insurance Review Date
$2000000.00
$8000000.00
07/01/2005
Phase I - $34209/Phase II - $195000
Council approval required for Phase II
Vault 01/01/2008
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Maritime Park and Memorial Plaza
Portico Group
PROFESSIONAL SERVICES AGREEMENT
Phase I & Phases II
The City of Bremerton ("City") and the Portico Group ("Consultant"), referred to
collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to perform the Scope of Service for Phase I set forth in
attachment A regarding completion of concept design work for Maritime Park and Memorial
Plaza. Phase I includes complete concept renderings, master plan as set forth in Attachment A.
At the sole discretion of the City of Bremerton and upon completion of Phase I and written
~ approval of the concept design, and with agreement of Consnltant the City may hire, with City
f Council approval, the Consnltant to proceed with work and perform Phase II work. Phase II is
completion of construction documents, plans, specifications and bid documents for Maritime
. Park and Memorial Plaza. The compensation includes costs of travel, meals and housing.
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 for Phase I will begin on the tasks
described in Phase I immediately upon execution of this Agreement. The parties agree that the
Phase I work is to be completed by February 28, 2005; provided however, that additional time
shall be granted by the City for excusable delays or extra work. If hired to proceed with Phase II
work shall begin upon written acceptance of the concept design by the City of Bremerton
Director of Economic Development. Phase II work is to be completed by July 15, 2005;
provided however that additional time may be granted by the City.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant hourly fees pursuant to Attachment A for Phase I not to exceed Thirty
Four Thousand Two Hundred Nine Dollars ($34,209). Compensation for Phase II shall be at the
hourly rates set forth in Attachment A and based upon such hour limitations as may be agreed
upon in writing hereafter, but in any event not to exceed One Hundred Ninety Five Thousand
Dollars ($195,000) for Phase II. Total compensation under this Agreement shall not exceed Two
Hundred Twenty Nine Thousand Two Hundred Nine Dollars ($229,209)
The Consultant shall submit a billing statement 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. Upon receipt of a conforming billing statement, the
City shall promptly process payment.
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 in writing.
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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
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.
V. Indemnification: Consultant shall indemnify and hold the City, its officers, officials,
employees, agents 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 the negligent performance of
this Agreement, except for that portion of the injuries, losses and damages caused by the City's
sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
The provisions of this section shall survive the expiration or termination of this
Agreement.
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 as follows:
Professional Liabilitv insurance with limits no less than $1,000,000 limit per
occurrence/claim.
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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.
B. Ownership and Use of Records and Documents: 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. 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.
D. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
E. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
F. 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 of Bremerton Mike Hamm
Gary Sexton The Portico Group
Economic Development 1500 4th Avenue, 3rd Floor
345 6th Street Seattle W A 98101-1670
Bremerton W A 98337
G. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
H. 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.
N. 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.
I. Assignment: Any assignment of this agreement by the Contractor without the written
consent of the City shall be void.
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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, or disability,
except for employment actions based on bona fide occupational qualification.
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.
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 except as
provided in Section VII, paragraph B.
CITY OF BREMERTON CONSULTANT
~ 1/ port:fJ'
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By: 'Mik~amm
By: Cary Bozeman
its: Mavor its: Pre~Pl~
Date: <J-<A./~ O~ Date:
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r mertoo Cit o~eY
R:\LEGAL\Contracts\ECONOMIC DEVELOPMEN1\Portico PSA (Maritime Park).doc
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Project Name: - -Sremertoll lVIafiUm:e Park&: MemoriaLPlaza
Project Description:
Phase Start and End Dates:
Service: Service Hours Total Fees &:
Units\'<: Expenses:
Average Hourly Rates: $USD 1.0 $165 1.0 $107 1.0 $80
A. Predesign, Site Analysis & Preliminary Concept Design Phase
1.1 Project Management
1.1.1 Project Management (assume 4 weeks duration)
1.1.1.1 l?roject Defihition weeks . ,,1 4 $660 4: $660 0 $0 0 $0
1.1.1.2 , J Project ManagerhentlCoo~dination weeks 6 6 $990 1.00 $990 0:00 $0 0, $0
1. L1~3 , :',Communications w/ Owner 'weeks 6 3 $495 0.50 :. $495 0, . $0 ,-0. $0
Project Management Subtotal 13 $2,145 13 $2,145 0 $0 0 $0
1.2 Research &: Startup Design Workshop
1.2.1 Research
1.2.1.L. . Assemble, Develop Base Plan, _., dwg. -1 10 $854 n:O $0 2 $214 ':8 $640
1.2.1.2 Review of Background Documents: ;' Review 1 12 $1,516 4 $660 8 ,.' $856 0 $0
. .
A. City planning documents, Proposed ferry tunnel improvements,
B. CBD Redevelopment plans, City Street improvements guidelines, etc. -,-
, 1.2.1.3 ;' :,"Sremerton &PSNS history and contemporary setting; decommissioned ships: etc. Research "1 4 $428 0 $0 "4 $428 ,0 $0
1.2.2 Design Charette
1.2.2.1 Project Startup 2 Day Design Workshop (Core team -1 day Seattle & 1:,day Bremerton): drawings 'T 32 $4,352 16. ' $2,640 16: $1,712 0 $0
Project Startup Subtotal 58 $7,150 20 $3,300 30 $3,210 8 $640
1.3 Meetings
1.3.1 Project Team Meetings
. 1:3.1.1 Meeting 1 (11/24/04)in Bremerton ' . "mtg . j 4 $660 '4 $660 ,0 $0 0 $0
,1.3:1.2 . ,Meeting 2 w/ RDG, Simpson & Subconsultants, Parks Director & other gity OffiCials, mtg & drawings" '. 1 8 $1,088 4.0 $660 ;n''4:0: $428 o , $0
1.3.1.3 .", Meeting 3 with Tunnel. Engineers rritg 1 4 $544 2' $330 2 $214 0' ' $0
, 1.3:1.4 Meeting 4 ta present piaN to~ary Sexton ' , , " mtg 1 8 $1,088 4 $660 4 $428 0 $0
1:3.1.5 .Meeting 5 Present_project design & recommendations to City Officials(no powerpoint)" prep and mtg ',. ",1 4 $660 : '4< $660 0 n $0 'Q,. $0
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Meetings Subtotal 28 $4,040 18 $2,970 10 $1,070 0 $0
1.4 Concept Design
1.4.1 Concept Memo
1.4.1.1 Site Invimtofy and Analysis ., no drawing . < 1 8 $972 2 $330 6 $642 0 $0
1.4.1 .2 F'rogrammingDevelopment .: ,..... . - outline list : 1 18 $2,042 ,2 $330 16 $1,712 0 $0
1.4.1:3 'Refine, Redraw & Scan of Final Plan and Section/Elevation ; 'dwg 1 68 $7,508 4. $660 64 $6,848 0 $0
1.4.1.4 Coordinate (1l11ustrati~e Color Aerial Perspectivew/Ulustrator) dwg 1 4 $428 ,0 ' $0 4 $428 0 $0
Concept Design Subtotal 98 $10,950 8 $1,320 90 $9,630 0 $0
1.5 Cost Control
1.4.1 Estimate of Probable Construction Cost
1,.3.1:1 ' .', ,Coordinate Estimate of Probable Construction Cost by Portico spreadsheet ,: 1 9 $1,021 1 $165 8 $856 0 $0
Cost Control Subtotal 9 $1,021 1 $165 8 $856 0 $0
Predesign, Site Analysis, Preliminary Concept Design - Portico Hours Subtotal 206 60 138 8
Predesign, Site Analysis, Preliminary Concept Design - Portico Fee Subtotal $25,306 $9,900 $14,766 $640
29% 67%
1.6 TPG Expenses: Cost/Unit Units dollars Units dollars Units dollars
1.6.1 Reproduction, Communications, Ferry Tickets: expenses "2% . $493 2% $198 2% $295 0% $0
1.6.2 Expense Markup: expensesf3% $39 8% $16 8% $24 8% $0
Expense Subtotal $533 $214 $319 $0
- $10,114 ] ""C-"~ - - :
Part A Total Portico Labor and Expenses 206 $25,839 $15,085 $640
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P~rtASub Consultants
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Phase Start and End Dates: Portico Totals
Principal: M. Hamm PM/LA: M. Coleman Associate.
Service: Service Hours Total Fees & Hrs: Fees: Hrs. Fees: Hrs. Fees:
Units ~: Expenses:
Service: Service Hours Total Fees &
Units~: Expenses:
Average Hourly Rates: $USD
2.$.1.1. ." .'. Research&. Content Developmerjt &PSNSlritentiews/Meeti1l9s' 1 4 $500 $500 ',0 : $0 $0
DesignWorkshop .' .... u:;: '. ..,. ,. ',; , (' ,- ~ ~'
2.9;12 8 $1,000 $1,000 "0.;:. $0 $0
2.9.1.3 FolI~vl Up Art in.the t:arid~d~peancl'~e,mOrial Documentation 28 $3,500 $3,500 6. $0 $0
Expenses .:'0%. . N/A $0 N/A N/A
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Buster Simpson Totals 40 . .. U '. u. U$5000'" $5,000 #D1V/O! #DIV/O! $0
::,:::,:::\':'-\::';::)/~'~: - J. ..-::
Service: Service Hours Total Fees &
Units~: Expenses:
Average Hourly Rates: $USD
2.9.3.:1 . 1'- o Promotion Aerial Perspective 0 $0 .. 0 $0
.1 22 22 $2,750
Travel Expenses 0% N/A N/A N/A N/A
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Totals 22 U U U . u. '$2 75 22 $2,750 0 $0 0 $0
::::}../..{.....:.:......x. : j.. Cl:.
Preliminary Schematic Design Subconsultant Hours Totals 62
Preliminary Schematic Design Subconsultant Labor and Expense Totals $7,750
Subconsultant Mark-up 8% $620
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Preliminary Schematic Design Labor/Hours Grand Totals 268
A. Labor and Expense Grand Totals $34,209