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PROFESSIONAL SERVICES AGREEMENT
Riddell Road Base Mapping
The City of Bremerton ("City") and KPG, lnc., ("Consultant"), referred to collectively as
the "Parties," enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to create a base map and TIN surface of Riddell Road from
Wheaton Way west approximately 1000 feet with topographic points provided by the City. The
Scope of Work may be modified only pursuant to Section VII.H 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. Terin:The City and the Consultant agree that work will begin immediately upon execution
of this Agreement. The parties agree that the work is to be completed within 15-days; 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 2,000.00. Consultant's charges and bills
shall conform to the fee schedule attached hereto as Exhibit A and incorporated herein by this
reference.
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 II herein. The Consultant's labor rates and biliing fees shall be as
delineated in Exhibit 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 additional services if requested pursuant to
Section I and, if not otherwise provided, such compensation shal] be in accordance with Exhibit
A.
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 Consultanls and not employees of the
Bremerton/KPG. Inc.
Riddell Road Base Mapnin� Rev 02-16
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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]nsurance evidencing:
1. Automobile Lia6ilify insurance with limits no less than $1,000,000 combined single limit
per accident for bodily injury and property damage; and
2. Commercial'.General I.iabilit 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
3. Excess Liabilitv insurance with limits not less than 1,000,000 limit per occurrence and
aggregate.
� 4. Professional Lisbilitv insurance with limits no less than $1,000,000 limit per
occurrence/claim.
5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act
of the State of Washington,Title 51,Revised Code of Washington and employer's liability
with limits not less than$1,000,000.
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 and non-contributory insurance as respects the •
City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies. 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 within two days of the cancellation, suspension or substantive
Bremerton/KPG. Inc.
Riddell Road Base Mapnin� Rev 02-16
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E. Place of Work: The Consultant shall perForm the work authorized under this
Agreement at its offices in Tacoma, 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.
F. Entire A�,reement: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.
G. Severabilitv: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
H. Modificatiori: This Agreement may only be modified by written instrument signed
by both Parties.
I. Written Notices: All communications regarding this Agreement shall be sent
to the parties at the addresses listed below by registered or lst 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
3027 Olympus Drive 2502 Jefferson Ave
Bremerton,WA 98310 Tacoma,WA 98402
J. 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.
K. 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.
L. Compliance with Laws: Consultant shall comply with all applicable Federal,State,
and local laws in performing its obligations under this Agreement.
M. 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.
O. Assignment: Any assignment of this agreement by the Contractor without the
written consent of the City shall be void.
Bremerton/KPG, Inc.
Riddell Road Base MappinQ Rev 02-16
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a
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.
CITY OF BREMERTON CONSULTANT
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Bs. � 4 V M C� BS::���►�.-� �`^r��.
Date: 1 Date: ��2.\�
Approved as to form: A e : '
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Bremerton it At rney City Clerk
R:\Legal\LegallContracts�FOKMS\Prufession�l Services Agreemcnt Form(2016).doc
Bremerton/KPG, Inc.
Rid'dell Road Base Mapnin� Rev 02-16
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Exhibit A
City of Bremerton .
Riddell Road Basemapping
Scope of work
July 2016
PROJECT UNDERSTANDING
KPG will prepare a CAD compatible basemap for an approximate I,000 foot section of Riddell Road,directly west
of Wheaton Way(SR303).
ASSUMPTIONS
The following assumptions were made when developing this Scope of Work:
• The City of Bremerton completed field mapping on July 8,2016 and provided points to KPG.
• Basemap will not include Right or Way or easement information.
. Basemap will be drafted per the relative points provided by the City and will not be tied to a coordinate
system.
• Base map will be prepared in AutoCAD 2013 using KPG drafting standards.
ITEMS PROVIDED BY CITY OF BREMERTON
• Field survey points. '
SCOPE OF WORK
TASK 1.0—FIELD SURVEY B[BASE MAP
The limits of survey will be approximately 1,000 feet of Riddell Road,directly west of Wheaton Way(SR303). See
attached figure for approximate survey limits. •
The following is a list of anticipated work items to be included within this task:
1.1 Develop base map, including a digital terrain model of existing conditions to be used during future
design efforts.
1.2 Perform a field walk to confirm locations of existing features.
Products•
• Electronic Project base map showing existing surface features,and contours at 5 foot intervals.
• • Digital Terrain Model,AutoCAD Civil 3D Surface
ADDITIONAL SERVICES
The City may require additional services of KPG. The scope of these services will be determined based on the
unanticipated project needs or other considerations at the sole discretion of the City. This work may include items
identified in the current task authorizations as well other items,which may include,but are not necessarily limited to
the following:
: Additional field survey
� • Right of Way determination
.� Design Engineering
These services will be authorized under a future contract supplement if necessary. At the time these services are
required, KPG will provide a detailed scope of work and an estimate of costs. KPG will not proceed with the work
untit the Ciry has authorized the work and issued a notice to proceed.
Riddell Road Basemapping Page 1 of2 KPG#16083W02
PROJECT SUMMARY
Project: City of Bremerton ����
Riddell Road Basemapping `�_`�-�
e����
July 2016
Labor Hour Estimate Totai Fee
En ineer- Senior Surve -
g I Y
Task Description Manager Surveyor Technician
$ 130.00 �$ 160.00 $ 100.00 Fee
Task 1 - Field Survey 8� Base Map
1.1 Basemapping __ 1 � 1 _) 12 $ 1,490.00
1.2 Field W alk � � 5 $ 500.00
- - � I I
Task Total I 1 I 1 I 17 I 1,990.00
Total Estimated Fee: $ 1,990.00
Riddell Road Basemapping Page 2 of 2 KPG#16083W02
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