Loading...
HomeMy WebLinkAbout5627 Syr a27 PROFESSIONAL SERVICES AGREEMENT The City of Bremerton ("City") and Rice Fergus Miller, Inc. ("Contractor"), referred to collectively as the "Parties," enter into the following Agreement for professional services: Scope: Contractor will perform space planning services at the Norm Dicks Government Center, floors 1 and 6, for the City of Bremerton. The Scope of Work is set forth in Exhibit A, attached hereto and incorporated by this reference, as requested by the Director of Financial Services ("Director"). II. Term: This Agreement commences upon execution by the Parties and shall continue in full force and effect unless terminated pursuant to Section IV of this Agreement. III. Compensation: The City shall pay Contractor$100 per hour for its services, as set forth in Exhibit A. IV. Termination: The Parties agree that this Agreement will continue in full force and effect until terminated. The Parties agree that this contract can be terminated by either party giving a 10-day written notice of termination. In the event of termination, matters pending shall be completed and compensated pursuant to this Agreement. V. General Conditions: A. Reports and Information: When requested by the Director, Contractor shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. B. Entire Agreement: This Agreement 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. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. E. Notices: Notices shall be in writing and delivered to the following addresses: CITY: CONTRACTOR: Cathy Johnson Jennifer Fleming Department of Financial Services Principal City of Bremerton Rice Fergus Miller, Inc. 345 Sixth Street, Suite 600 275 5th Street, Suite 100 Bremerton,WA 98337 Bremerton, WA 98337 360-473-5296 360-377-8773 1 F. 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 a waiver of any other right or power. G. Compliance with Laws: Contractor 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. I. 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 attorneys'fees. CITY OF BREMERTON CONTRACTOR Bp:Cathho son By: Jennifer Fleming,Principal Director of n cial S rvices Rico Fergus Miller,Inc. Date: /0/c i6 Date: October 20. 2016 APPROVED AS TO FORM: By: ' Roger Lubovich Ci Attorne R:U.ega1\L.ega1 Contracts\LEGAL PSA-Short Form-Insurance none.doc 2 ergusMium 275 Fifth Street,Suite 100,Bremerton,Washington 98337 Exhibit A architecture in:v;.,,; nrd Main:(360)377-8773•Fax:(360)792-1385•www.rfmarch.com October 24,2016 Elaine Valenica City of Bremerton 345 6th Street,Suite 600 Bremerton,WA 98337 Re: City of Bremerton Government Center Space Planning RFM Project Number: 2016073.00 Dear Elaine, Rice Fergus Miller is pleased to present the following Letter of Proposal to provide professional space planning services for the City of Bremerton (COB)at the Government Center. I. Scope of Services Interior Space Planning: • Meeting 1: Meet departments, review needs and previously provided room data sheets, tour spaces. • RFM working time, possible small meetings with individual departments if needed for clarity. • Meeting#2 - Review space planning solutions with departments,get feedback. • Final deliverables complete Our scope will be limited to space planning and will result in the creation of hand sketched floor plans for the use of relocating departments. !I. Additional Services The following services,though they could be provided by RFM,are not included in our Scope of Basic Services and, if requested,will be billed as Additional Services. 1. Production of existing"as-built"drawings. 2. Construction and Permit Documents 3. Mechanical, Electrical and Structural Engineering studies of existing conditions. 4. Civil Engineering 5. Fire protection study of existing conditions 6. Cost estimating 7. Surveying 8. Marketing or graphic materials for the project beyond that described above. Letter of Proposal City of Bremerton Space Planning October 24,2016 Page 2 III. Owner Responsibilities It is our understanding that the City of Bremerton will provide full information, including including current and anticipated space needs(number of staff,storage requirements, meeting spaces,etc.);dimensioned drawings describing all existing improvements;and the services of soil engineers, hazardous materials surveyors,or other consultants when such services are deemed to be necessary. IV. Schedule With your acceptance of this agreement we will begin work immediately. V. Compensation For the Basic Services outlined above, compensation shall be computed on an hourly basis at our standard hourly rates,as listed in the attached Terms of Agreement for Design Services. To assist you with budgeting for this project,we estimate that the fee range for Basic Services will be approximately$3,500.00 dollars ($3,500.00), plus reimbursable expenses, plus any applicable tax. Additional Services,when requested,will be billed on an hourly basis at our standard hourly rates,as listed in the attached Hourly Billing Rate Sheet, or as agreed to prior to commencement of the Additional Services. VI. Terms of Agreement The enclosed Terms of the Agreement is, by reference, included as a part of this Proposal. VII. Summary Thank you for the opportunity to propose on your project, if this Letter of Proposal is acceptable please sign in the space provided below. We look forward to discussing our proposal further and working with you. Sincerely, Authorized for Owner by: Rice-Fergus M'ller, Inc. Approved for Rice Fergus Miller by, / it .fly��J , t' — I. ,6rv� . Jennifer Fleming, Principal Na f Title Attachments: RFM Terms of Agreement RIC MICHTECI&P.ANN Ne US MIL E Terms of Agreement for Design Services Date of Agreement: October 24,2016 Project: City of Bremerton Space Planning Project No.: 2016073.00 I. COMPENSATION Compensation for Professional Services may be billed as an hourly service, percentage of construction cost or a fixed fee. Compensation for Additional Services are billed according to the billing rate schedule below, or as agreed to prior to the commencement of the services. II. 2016 HOURLY BILLING RATES Principal in Charge: $ 180.00- $230.00 Project Manager: $ 105.00-$ 170.00 Project Architect: $ 105.00- $ 170.00 Technical Designer/ Production Support: $ 85.00- $ 130.00 Interior Designer: Sara Groves $ 100.00 Marketing Staff: $ 95.00- $ 100.00 Project Coordinator: $ 85.00 Administrative Staff: $ 50.00- $ 100.00 Graphics Visualization Staff: $ 85.00- $ 100.00 The rates and multiples set forth above shall be annually adjusted in accordance with normal salary review practices of Rice Fergus Miller, Inc. III. CONSULTANTS The costs of consultants and subcontractors for model construction,artist's renderings,etc.,when required and authorized by the Owner,shall be billed at a multiple of one and one-twelfth(1.12) times the expenses incurred by Rice Fergus Miller, Inc. IV. REIMBURSABLE EXPENSES Reimbursable expenses are in addition to compensation for professional services and include printing and reproduction;film and processing; CAD plotting; long distance telephone charges; postage,express delivery,and courier charges;transportation and parking;and automobile use. Except as noted above, reimbursable expenses shall be billed at a multiple of one and one-twelfth (1.12)times the expenses incurred by Rice Fergus Miller, Inc.,to cover taxes, insurance,and administrative costs. V. INVOICING AND PAYMENTS Invoices shall be rendered monthly for services and for reimbursable expenses incurred during the preceding month. Payments are due and payable upon receipt of the invoice by the Owner. Failure of the Owner to notify the Architect in writing of any disputes with the amount of any monthly invoices within thirty(30)days of receipt by the Owner shall be considered acceptance of those invoices for payment under this agreement. Terms of Agreement for Design Services October 24,2016 Page 2 of 2 Amounts unpaid thirty(30)days after the date of the invoice shall bear interest at the rate of one and one-half percent(1-1/2%) per month,or the maximum amount allowed by law,whichever is less. In addition, Rice Fergus Miller, Inc. may,after giving written notice to the Owner,suspend services until all amounts due are paid in full,and the Owner shall indemnify,defend and pay any claims and expenses incurred by Rice Fergus Miller, Inc. resulting from such work stoppage and expenses from collection of amounts past due. VI. OTHER CONDITIONS 1. Limitation of Liability: The Owner and Rice Fergus Miller, Inc. have discussed the risks, rewards and benefits of the project and Rice Fergus Miller, Inc.'s total fee for services. The risks have been allocated such that the Owner agrees that,to the fullest extent permitted by law, Rice Fergus Miller, Inc.'s total liability to the Owner for any and all injuries,claims, losses,expenses,damages or claims expenses arising out of this agreement from any cause or causes,shall not exceed the total amount of Rice Fergus Miller, Inc.'s total fee for services rendered on this project. 2. Ownership of Documents: The Owner acknowledges Rice Fergus Miller, Inc.'s documents as Instruments of Professional Service. All reports, plans,specifications,field data and notes, and other documents, including all documents on electronic media, prepared by Rice Fergus Miller, Inc.as Instruments of Professional Service shall remain the property of Rice Fergus Miller, Inc. In the event the Owner uses these Instruments of Professional Service without retaining Rice Fergus Miller, Inc.as the author of the Instruments of Service,the Owner releases Rice Fergus Miller, Inc. and their consultant(s)from all claims and causes of action arising from such uses.The Owner,to the extent permitted by law,further agrees to indemnify and hold harmless Rice Fergus Miller, Inc.and its consultants from all costs and expenses, including the cost of defense,related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service. / j i_D/c,Z-c)//7 Own.initial Date /^Q�� RICEF-1 - OP ID: MI Q`V A1. DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 02/03/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 360-373-4100 CONTACT Timothy S. Quigley Fournier Insurance Solutions B PHONE 360-373-4100 I FAX 360-792-2454 Tim Quigley Insurance (A/C,No,Ext). (A/c,No): 629 Warren Ave E-MAIL Bremerton,WA 98337 nooREss- Fournier Insurance Solutions INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:American Fire&Casualty Co. 24066 INSURED Rice-Fergus-Miller,Inc. INSURER B:Ohio Security Insurance Co. 24082 275 5th Street,Suite 100 Ohio Casualty Insurance Co. 24074 Bremerton,WA 98337 INSURERC: `7 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY1 (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR X X BZA55354881 03/01/2017 03/01/2018 PREM SES Ea occurrAMAGE TO ence) $ 2,000,000 MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY _ $ n/a GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY PRO- JECT LOC _PRODUCTS-COMP/OP AGG_ $ OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) X ANY AUTO BAS55354881 03/01/2017 03/01/2018 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X AUTOS ONLY X AT-OsONLYY (Per acEcidentDAMAGE C X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 4,000,000 EXCESS LIAB CLAIMS-MADE USO55354881 03/01/2017 03/01/2018 AGGREGATE $ 4,000,000 DED X RETENTION$ 10000 A WORKERS COMPENSATION PER X 0TH- AND EMPLOYERS'LIABILITY Y/N STATIITF ER ANY PROPRIETOR/PARTNER/EXECUTIVE EMPLOYER LIAB/WA STOP GAP 03/01/2017 03/01/2018 E.L.EACH ACCIDENT $ 2,000,000 OFFICER/MEMBER EXCLUDED? J N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,describe under 2,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Operations of the named insure Form BP7996 attached for additional insured wording. Waiver of Subrogation form BP0497 attached. CERTIFICATE HOLDER CANCELLATION BREM-81 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Bremerton Permits&Licensing 345 6th Street, Suite 600 AUTHORIZED REPRESENTATIVE Bremerton,WA 98337-1873 sP71,CAMX, ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BUSINESSOWNERS , BP 79 96 07 13 THIS ENDORSEMENT CHANGES THE POLICY.. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUBJECT PAGE AGGREGATE LIMITS OF INSURANCE 3 AMENDMENT OF INSURED CONTRACT DEFINITION 4 BLANKET ADDITIONAL INSURED (OWNERS, CONTRACTORS OR LESSORS) 2 BODILY INJURY 4 BROADENED COVERAGE FOR DAMAGE TO PREMISES RENTED TO YOU 2 DUTIES IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT 4 INCIDENTAL MEDICAL MALPRACTICE 2 MOBILE EQUIPMENT 2 NEWLY FORMED OR ACQUIRED ORGANIZATIONS 3 PERSONAL AND ADVERTISING INJURY 4 SUPPLEMENTARY PAYMENTS 2 Bail Bonds Loss Of Earnings ® 2013 Liberty Mutual Insurance.All rights reserved. BP 79 96 07 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 4 Section II - Liability is amended as follows: I. SUPPLEMENTARY PAYMENTS Paragraph f.(1)(b) of A Coverages is replaced by the following; (b) Up to $3000 for cost of bail bond required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish the bonds. Paragraph 1.f.(1)(d) of A Coverages is replaced by the following; (d) All reasonable expenses incurred by the insured at our request to assist us in the Investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. II. BROADENED COVERAGE FOR DAMAGE TO PREMISES RENTED TO YOU With respect to the coverage provided under this endorsement, Section II -Liability is amended as follows: 1. The final paragraph of 6.1. Exclusions - Applicable To Business Liability Coverage is deleted and replaced by the following: With respect to the premises which are rented to you or temporarily occupied by you with the permis- sion of the owner, Exclusions c., d., e., g., h., k., I., m., n. and o. do not apply to "property damage". 2. Paragraph D.2. Liability And Medical Expenses Limits Of Insurance is deleted and replaced by the following: The most we will pay under this endorsement for the sum of all damages because of all "property damage" to premises while rented to you or temporarily occupied by you with the permission of the owner is the Limit of Insurance shown in the Declaration. 3. Paragraph D.3. Liability And Medical Expenses Limits Of Insurance is deleted. III. INCIDENTAL MEDICAL MALPRACTICE Exclusion 1.j.(4) does not apply to Incidental Medical Malpractice Injury coverage. The following is added to F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS: 23. "Incidental Medical Malpractice Injury" means bodily injury arising out of the rendering of or failure to render, during the policy period, the following services: a. medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or bev- erages in connection therewith; or b. the furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. This coverage does not apply to: 1. expenses incurred by the insured for first- aid to others at the time of an accident and the Duties in the Event of Occurrence, Claim or Suit Condition is amended accordingly; 2. any insured engaged in the business or occupation of providing any of the services described under a. and b. above; 3. injury caused by any indemnitee if such indemnitee is engaged in the business or occupation of providing any of the services described under a. and b. above. IV. MOBILE EQUIPMENT 1. Section C. Who is An Insured is amended to include any person driving "mobile equipment" with your permission. V. BLANKET ADDITIONAL INSURED (OWNERS, CONTRACTORS OR LESSORS) 1. Section C. Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy under a written contract or written agreement. The written contract or agreement must be: a. currently in effect or becoming effective during the term of this policy; and b. executed prior to the "bodily injury", "property damage", "personal and advertising injury". © 2013 Liberty Mutual Insurance.All rights reserved. BP 79 96 07 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 4 2. The insurance provided the additional insured is limited as follows: a. The person or organization is only an additional insured with respect to liability arising out of (1) Real property, as described in a written contract or written agreement, you own, rent, lease, maintain or occupy; (2) Caused in whole or in part by your ongoing operations performed for that insured. b. The limits of insurance applicable to the additional insured are those specified in the written contract or written agreement or the limits available under this policy, as stated in the Declara- tions, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. c. The insurance provided the additional insured does not apply to: (1) Liability arising out of the sole negligence of the additional insured; (2) "Bodily injury", "property damage", "personal and advertising injury"; or defense coverage under the Supplementary Payments section of the policy arising out of an architect's, en- gineer's or surveyor's rendering of or failure to render any professional services including: (a) The preparing, approving maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (3) Any "occurrence" that takes place after you cease to be a tenant in the premises described in the Declarations; or (4) Structural alterations, new construction or demolition operations performed by or for the person or organization designated in the Declarations. 3. Any coverage provided hereunder shall be excess over any other valid and collectible insurance avail- able to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis. VI. NEWLY FORMED OR ACQUIRED ORGANIZATIONS The following is added to C.Who Is An Insured: 3. Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However, a. Coverage under this provision is afforded only until the 180th day after the entity was acquired or incorporated or organized by you or the end of the policy period, whichever is earlier; b. Coverages A. Paragraph 1. Business Liability, does not apply to: (1) "Bodily injury" or "property damage" that occurred before the entity was acquired or incor- porated or organized by you; and (2) "Personal and advertising injury" arising out of an offense committed before the entity was acquired or incorporated or organized by you; and c. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. VII. AGGREGATE LIMITS The following is added to Aggregate Limits Paragraph 4. of D. Liability and Medical Expenses Limits of Insurance: The Aggregate Limits apply separately to each of "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. The Aggregate Limits also apply separately to each of your projects away from premises owned by or rented to you. For the purpose of this endorsement only, "location" means premises involving the same or connect- ing lots, or premises whose connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad. ® 2013 Liberty Mutual Insurance.All rights reserved. BP 79 96 07 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 4 , VIII. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 1. The requirement in E. Liability And Medical Expenses General Conditions paragraph 2.a. that you must see to it that we are notified of an "occurrence" or offense which may result in a claim applies only when the "occurrence" is known to any insured listed in Paragraph C.1. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. 2. The requirements in E. Liability And Medical Expenses General Conditions paragraph 2.b. that you must see to it that we receive notice of a claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is known to any insured listed under Paragraph C.1. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. - IX. BODILY INJURY Paragraph 3. of F. Liability And Medical Expenses Definitions is replaced by the following: 3. "Bodily Injury" means: a. Bodily injury, sickness, disease, or incidental medical malpractice injury sustained by a person, and includes mental anguish resulting from any of these; and including death resulting from any of these at any time. - X. AMENDMENT OF INSURED CONTRACT DEFINITION Paragraph 9. of F. Liability And Medical Expenses Definitions is replaced by the following: 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition oper- ations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indem- nification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. However, such part of a contract or agreement shall only be considered an "insured contract" to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construc- tion or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. XI. PERSONAL AND ADVERTISING INJURY Paragraph 14. b. of F. Liability And Medical Expenses Definitions is replaced by the following: b. Malicious prosecution or abuse of process. © 2013 Liberty Mutual Insurance.All rights reserved. BP 79 96 07 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 4 of 4 • POLICY NUMBER: BUSINESSOWNERS BP 04 97 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE* Name Of Person Or Organization: CITY OF BREMERTON PERMITS & LICENSING 345 6TH ST STE 600 BREMERTON, WA 98337 Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section III - Common Policy Conditions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organi- zation shown in the Schedule above. *Information required to complete this Schedule, if not shown above, will be shown in the Declarations. BP 04 97 01 06 @ISO Properties, Inc., 2004 Page 1 of 1 , eevta a- 4'077 PROFESSIONAL SERVICES AGREEMENT The City of Bremerton ("city") and Rice Fergus Miller, Inc. ("Contractor"), referred to collectively as the "Parties,"enter into the following Agreement for professional services: I. Scope. Contractor will perform space planning services at the Norm Dicks Government Center,-floors 1 and 6, for the City of Bremerton. The Scope of Work is set forth in Exhibit A, attached hereto and incorporated by this reference, as requested by,the Director of Financial Services("Director!'). II. Term: This Agreement commences upon execution by the Parties and shall continue in full force and effect unless terminated pwsuant to Section IV of this Agreement. III: Compensation: The City shall pay Contractor$100 per hour for its services, as set forth in Exhibit A. IV Termination: The Parties agree that this Agreement will continue in full force and effect until terminated The Parties agree that this contract can be terminated by either party giving a 10-day written notice of termination. In the event of termination, matters pending shall be completed and compensated pursuant to this Agreement V. General Conditions: A. Reports and Information: When requested by the Director, Contractor shall furnish periodic reports and documents on matters covered by this Agreement The reports and documents shall be furnished in the tune and form requested. B. Entire Agreement: This Agreement 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. • C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect D. Modification: This Agreement may only be modified by written instrument signed by both Parties. E Notices: Notices shall be in writing and delivered to the following addresses: CITY: CONTRACTOR: Cathy Johnson Jennifer Fleming Department of Financial Services Principal City of Bremerton Rice Fergus Miller,Inc. 345 Sixth Street,Suite 600 275 5th Street,Suite 100 Bremerton,WA 98337 Bremerton,WA 98337 3604734296 360-377-8773 F. 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 a waiver of any other right or power. G. Compliance with Laws: Contractor 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. I. 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 attorneys'fees. CITY OF BREMERTON CONTRA R t ;gi I an By: ennifer Fleming,PrincipalDirector o :, cial S 'ces Ric Fergus'Miller.Inc. Date: ,. Date: October 20.2016 APPROVED AS TO FORM: By `,.Roger Lubovich City Attorney R \LBOAL\FSA-Slut Farm losumnco nonc.dcc • • a . RI , . 275 Fifth Street,Suite 100,Bremerton,Washington 98337 tferkustu Exhibit A erchltectore inteffors.panning Main:(360)377-8773•Fax:(360)792-1385•www.rfmarch.com • October 24,2016 Elaine Valenica . . City of Bremerton 345 6th Street,Suite 600 Bremerton,WA 98337 Re City of Bremerton Government Center Space Planning RFM Project Number 2016073.00 • , v , bear Elaine - . Rice Fergus Miller is pleased to present the following Letter of Proposal to provide professional Space planning services for the City of Bremerton(COB)at the Government Center. I. Scope of Services • interior.Space Planning: • Meeting 1: Meet departments, review needs and previously provided room data,sheets, • . , tour spaces. ' • RFM working time,possible small meetings with individual departments if needed for clarity. , . . .. • Meeting#2 - Review space planning solutions with departments,get feedback. • Final deliverables complete Our scope will be limited to space planning and will result in the creation of hand sketched floor plans for the use of .. relocating departments. 11, Additional Services The following services,though they could be provided by RFM,are not included in our Scope of Basic Services and,if requested,will be billed as Additional Services • 1. Production of existing"as-built'drawings. , 2 Construction and Permit Documents 3 Mechanical, Electrical and Structural Engineering studies of existing conditions 4. Civil Engineering 5. Fire protection study of existing conditions • 6. 'Costestimating . 7.- Surveying 8. Marketing or graphic materials for the project'beyond that described above. - . Letter of Proposal City of Bremerton Space Planning October 24,2016' Page 2 III. Owner Responsibilities It is our understanding that the City of Bremerton will provide full information,including including current and anticipated space needs(number of staff,storage requirements,meeting spaces,etc.);dimensioned drawings describing all existing improvements;and the services of soil engineers,hazardous materials surveyors,or other consultants when such services are deemed to be necessary. IV. Schedule With your acceptance of this agreement we will begin work immediately. V. Compensation For the Basic Services outlined above,compensation shall be computed on an hourly basis at our standard hourly rates,as listed in the attached Terms of Agreement for Design Services. To assist you with budgeting for this project,we estimate that the fee range for Basic Services will be approximately$3,50,0 dollars($3,500.00),plus reimbursable expenses, plus any applicable tax. Additional Services,when requested,will be billed on an hourly basis at our standard hourly rates,as listed in the attached Hourly Billing Rate Sheet,or as agreed to prior to commencement of the Additional Services. VI. Terms of Agreement f The enclosed Termsof the Agreement is, by reference,included as a part of this Proposal. V0. Summary Thank you for the opportunity to propose on your project,if this Letter of Proposal is acceptable please sign in the space provided below. We look forward to discussing our proposal further and working with you. Sincerely, Authorized for Owner by: Ricer ergus M'ller, Inc: A roved for Rice.Fergus _ !r 1 r- , PP s Miller by, �i �.fiL.►.rr 1, r .�. i�f /X21C=1... Jenr Fleming,Principal a f� e I Attachments: RFM Terms of Agreement . . RIC ..- '€'1 . , AACh,ITEtitiPE er US WANNttle MIL E Terms of Agreement for Design Services Date of Agreement: October 24,2016 " Project City of Bremerton Space Planning Project.No.: 2016073.00 I. COMPENSATION Compensation for Professional Services may be billed as an hourly service,percentage of construction cost or a fixed.fee.Compensation for Additional Services are billed according to the billing rate schedule below,or as agreed to prior to the commencement of the services. II. } 2016.HOURLY BILLING RATES - Principal in Charge $180.00-$230.00. Project.Manager. $105.00-$170:00 Project Architect $105:00-$170A0 Technical Designer/"Production Support . $ 85.00 30:00 interior Designer Sara Groves $ 100 00 ` Marketing Staff: $ 95.00-$100.00 Project Coordinator- $ 8500 Administrative Staff: $ 50.00- $ 100.00 Graphics,Visualization Staff: $ 85.00- $ 100.00 The rates and multiples set forth above shall be annually adjusted in accordance with normal salary review practices of Rice Fergus Miller,Inc: III. CONSULTANTS The costs of consultants and subcontractors for model construction,artist's renderings,etc.,when required and authorized by the Owner,shall be billed at a multiple of one and one-twelfth(1.12) times the expenses incurred by Rice Fergus Miller,Inc: IV. REIMBURSABLE EXPENSES Reimbursable expenses are in addition to compensation for professional services and include printing and reproduction;film and processing;CAD plotting;long distance telephone charges; postage,express delivery,and courier charges;transportation and parking;and automobile use, Except as`noted above, reimbursable expenses shall be billed at a multiple of one and one-twelfth (1.12)times the expenses incurred by Rice Fergus Miller,Inc,to cover taxes,insurance,and administrative costs: V. INVOICING AND PAYMENTS Invoices shall be renderedmonthly for services and for reimbursable expenses incurred during the preceding month. Payments are due and payable upon receipt of the invoice by the Owner: Failure of the Owner to notify the Architect in writing of any disputes with the amount of any monthly invoices:within thirty(30)days of receipt by the Owner shall be considered acceptance of those invoices for payment under this agreement Terms of Agreement for Design;Services October 24,2016 Page 2 of 2 Amounts unpaid thirty(30)days after the date of the invoice shall bear interest at the rate of one and one-half percent(1-1/2%)per month,or the maximum amount allowed by law,whichever is less. In addition,Rice Fergus Miller, Inc.may,after giving written notice to the Owner,suspend services until all amounts due are paid in full,and the Owner shall indemnify,defend and pay any claims and expenses incurred by Rice Fergus Miller, Inc.resulting from such work stoppage and expenses from collection of amounts past due. VI. OTHER CONDITIONS 1. Limitation of Liability: The Owner and Rice Fergus Miller, Inc.have discussed the risks, rewards and benefits of the project and Rice Fergus Miller,Inc.'s total fee for services. The risks have been allocated such that the Owner agrees that,to the fullest extent Permitted by law,Rice Fergus Miller, Inc:s total liability to the Owner for any and all injuries,claims, losses,expenses,damages or claims expenses arising out of this agreement from any cause or causes,shall not exceed the total amount of Rice Fergus Miller,Inc.'s total fee for services rendered on this project. 2. Ownership of Documents: The Owner acknowledges Rice Fergus Miller, Inc.'s documents as Instruments of Professional Service. All reports,plans,specifications,field data and notes, and other documents,including all documents on electronic media,prepared by Rice Fergus Miller, Inc.as'Instruments of Professional Service shall remain the property of Rice Fergus Miller,Inc. In the event the Owner uses these Instruments of Professional Service without retaining Rice Fergus Miller, Inc.as the author of the Instruments of Service,the Owner releases Rice Fergus Miller, Inc. and their consultant(s)from all claims and causes of action. arising from such uses.The Owner,to the extent permitted by law,furtheragrees to indemnify and hold harmless Rice Fergus Miller, Inc.and its consultants from all costs and expenses,including the cost of defense,related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service. /.21 /(7)/(274,9- 6 Own=*initial Date