HomeMy WebLinkAbout1 - Original Submission_ RFM Contract Modification 3Page 1 of 2 Contract Modification Rev. 10/2019
CONTRACT MODIFICATION AGREEMENT NO. 3 BETWEEN THE CITY OF BREMERTON AND RICE FERGUS MILLER, Inc.
PROJECT Quincy Square on 4th Street; Project # 315012
CONSULTANT Rice Fergus Miller, Inc.
DATE 08/29/2022
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE Professional Services AGREEMENT (the "Contract") entered into between the City of Bremerton and Rice Fergus Miller, Inc. on September 28, 2018 and as amended on August
11, 2020 and on January 17, 2022.
All provisions in the Contract shall remain in full force and effect except as expressly modified by this document.
For valuable consideration and by mutual consent of the parties, the modifications to the
Contract are as follows: I.
Section I.Scope , is modified as follows:
See amended scope of work attached as Exhibit A.
Section II. Term , is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement by December 31, 2023.
Section III. Compensation , is modified as follows: The original contract amount was four hundred ninety-five thousand dollars ($ 495,000.00). The current contract amount, including all previous amendments is five hundred thirty-one thousand one hundred forty-nine dollars and sixty cents ($ 531,149.60). The City shall pay
the Consultant for the additional work described above, based on time and materials, an amount
not to exceed one hundred twenty seven thousand five hundred thirteen dollars ($ 127,513.00) for a total amended contract amount of six hundred fifty eight thousand six hundred sixty two dollars and sixty cents ($658,662.60 ), including this Contract Modification.
II.
Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant’s claims for contract time and for all costs of any kind,
DocuSign Envelope ID: 858EF89F-073B-49A2-B003-5932E03DC015
Page 2 of 2 Contract Modification Rev. 10/2019
including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost
profits. This Contract Modification does not limit the City’s right to bring a claim for past performance.
The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs
and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification.
This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City
of Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change and shall take appropriate action
to modify any bonds required under the contract to address this change.
IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above.
Public Works Director approved to process _________________________ (Initials and Date)
THE CITY OF BREMERTON
By:
Print Name: Greg Wheeler Its: Mayor, City of Bremerton Date:
ATTEST:
By:
ANGELA HOOVER, City Clerk
CONSULTANT
By: Print Name: Its: Date:
APPROVED AS TO FORM:
By:
KYLIE J. FINNELL, Bremerton City Attorney
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
City Clerk City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337
R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 10 2019.docx
DocuSign Envelope ID: 858EF89F-073B-49A2-B003-5932E03DC015
9/29/2022
Principal
Dean Kelly
10/4/2022 10/5/2022
275 Fifth Street, Suite 100
Bremerton, WA 98337
Phone: (360) 377-8773
rfmarch.com
Supplemental Services Agreement
Project: Quincy Square on 4th Street
Owner: City of Bremerton – #315012
Date of Original Agreement: September 28, 2018
SSA No.:
Project No.:
03 August 26, 2022
2017087.01
In accordance with the Agreement referenced above, authorization is hereby given to:
proceed with Additional Services
proceed with revised scope of Basic Services
incur Reimbursable Expenses
As follows:
1. Add budget to perform additional services during final design at the request of the City of
Bremerton – Scope of Work attached as Exhibit A.
2. Rice Fergus Miller additional fee for Project Management
Compensation shall be adjusted as follows:
RFM: $35,960.00
RFM: Project Management Reserve: $20,000.00
Paramatrix (Civil Engineering): $46,748 x 1.10 markup =$51,423.00
Emily Russell (Landscape Architecture): $15,500 x 1.10 markup = $17,050.00
WSW Engineering (Structural): $2,800 x 1.10 markup= $3,080.00
Total: $127,513.00
Time for performance shall be adjusted as follows:
To be determined.
Upon execution, this Supplemental Services Agreement shall become a part of the original
Agreement referenced above, and supplemental services described above shall commence.
Submitted by:
By:
Authorized by Owner:
By:
Printed Name: Dean Kelly Printed Name:
Title: Principal Title:
Date: August 26, 2022
Date:
END OF SUPPLEMENTAL SERVICES AGREEMENT
DocuSign Envelope ID: 858EF89F-073B-49A2-B003-5932E03DC015
275 Fifth Street, Suite 100 Bremerton, WA 98337
(360) 377-8773 rfmarch.com
Supplemental Services Agreement 03
Scope of Work – Exhibit A
August 11, 2022
I. Project Description
This document describes Rice Fergus Miller’s proposed scope of work (SOW) for Supplemental
Services Agreement (SSA) 03. The purpose of SSA-03 is to add budget for Rice Fergus Miller to
perform additional architectural and project management services during final design at the
request of the City of Bremerton.
II. Scope of Services
Design and engineering scope of services are as follows:
Note: descriptions listed below are limited to architectural scope. For transportation and civil work, see
the attached complementary proposal from Parametrix. For landscape work, see the attached
complementary proposal from Emily Russell.
Task 1 – Project Administration and Meetings
Objectives: obtain project data, monitor and manage scope, schedule, and budget; periodically
meet with the City of Bremerton and other members of design team to review project status.
Activities: the following activities will be performed:
· Manage and direct the project team and subconsultants.
· Provide routine project management and communication regarding scope, schedule,
budget, and invoicing.
Deliverables: the following deliverables are associated with this task:
· Routine correspondence including monthly progress reports.
· Provide monthly invoice describing number of hours spent on each task.
Assumptions: the following assumptions apply to this task:
· The project duration will be 8 months (May 2022 through December 2022, not inclusive
of Construction Administration services.)
Task 3 – Environmental Documentation
Objective: assist the City in obtaining project National Environmental Policy Act (NEPA)/
Washington State Environmental Policy Act (SEPA) approval. See attached consultant proposals
for list of activities, deliverables and assumptions associated with this task.
Task 5 – Final Design
Objective: prepare Bid Set plans, specifications by responding to City comments to draft 100%
permit set submitted in January of 2022.
Activities: the following activities will be performed:
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DocuSign Envelope ID: 858EF89F-073B-49A2-B003-5932E03DC015
Scope of Work – Exhibit A
City of Bremerton Public Works & Utilities
August 8, 2022
Page 2
· Prepare engineering and design plans for Fourth Street improvement.
· Coordinate consultants’ bid drawings.
· Assist City of Bremerton with building permit submittal to Department of Community
Development for above-ground elements.
· Assist City of Bremerton with bid support including producing bid alternates.
Deliverables: the following deliverables are associated with this task:
· Provide coordinated bid drawing set and specifications containing architectural and
subconsultants with revisions based on City comments.
Assumptions: the following assumptions apply to this task:
· Comments on the final bid set will not require significant design changes. Examples of
significant design changes include modification that require reevaluation by structural
engineer. Any significant design changes would require additional scope and budget and
would be addressed in a separate amendment.
· Review meeting with City Council to discuss results of analysis will be attended by RFM.
Task 6 – Hourly Limited Construction Administrative (CA) Services
Objective: provide limited assistance for the City during the construction phase. See attached
consultant proposals for list of activities, deliverables and assumptions associated with this task.
Activities: the following activities will be performed:
· Attend preconstruction meeting.
· Attend 8 construction meetings (1 per month of construction)
· Make site visits to observe progress and provide direction, minimum 1 per month.
· Review submittals per specifications
· Review substitution requests
· Review and answer RFI’s
Deliverables: the following deliverables are associated with this task:
· Documentation required for submittals, RFI’s.
Assumptions: the following assumptions apply to this task:
· Construction duration will be 8 months.
· Does not cover redesign originating from either owner or unforeseen conditions.
August 11, 2022
26
DocuSign Envelope ID: 858EF89F-073B-49A2-B003-5932E03DC015
Project Name
Project Number
BUDGET WORKSHEET
RFM TEAM MATRIX PIC PM ID 1 ID 2 Other Design 1 MED PLN 1 SA SA Program QA SPEC ADMIN
Responsibilities:DK MW Initials Initials Initials Initials Initials Initials Initials Initials Initials Initials HZ
Hourly Rates
Billing Rate $190.00 $150.00 $140.00
Task 1 Project Adminstration and Meetings
L. Code Item Hours Total
100 General 0.00
101 Project Administration 4.00 30.00 8.00 42.00
BD time to be transferred 0.00
Correspondence 0.00
Agreements 0.00
Fee Management 0.00
Schedule 0.00
Coord. Owner-Supplied Doc.0.00
File Management 0.00
102 Consultant Coordination 0.00
103 Agency Coord / Code Review / Permitting 0.00
104 In-House Review / QC / Charrette 0.00
121 Design / Documentation 0.00
Programming 0.00
Feasibility Studies 0.00132Construction Cost review 0.00
152 Record Documentation 0.00
187 Travel 0.00
188 Meetings 0.00
Phase Subtotal - Hours 4.00 30.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8.00 42.00
Phase Subtotal - Billing $$760 $4,500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,120 $6,380
Task 3 Environmental Documentation
L. Code Item Hours Total
200 General 0.00
201 Project Administration 4.00 10.00 2.00 16.00
Correspondence 0.00
Fee Management 0.00
Schedule Updates 0.00
File Management 0.00
202 Consultant Coordination 0.00
203 Agency Coord / Code Review / Permitting 0.00
204 In-House Review / QC / Charrette 0.00
220 CAD/Revit Model 0.00
221 Design / Documentation 10.00 10.00
232 Probable Construction Cost 0.00
252 Record Drawings 0.00
262 Renderings 0.00
263 Models 0.00287Travel0.00
288 Meetings 0.00
Phase Subtotal - Hours 4.00 20.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.00 26.00
Phase Subtotal - Billing $$760 $3,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $280 $4,040
Task 5 Final Design
L. Code Item Hours Total
300 General 0.00
301 Project Administration 0.00
Correspondence 0.00
Fee Management 0.00
Schedule Updates 0.00
302 Consultant Coordination 0.00
303 Agency Coord / Code Review / Permitting 0.00
304 In-House Review / QC / Charrette 0.00
320 CAD/Revit Model 0.00
321 Design / Documentation 12.00 80.00 92.00
(from DrwgList sheet)0.00
327 Interior Design / Doc.0.00
328 Materials / Specifications 0.00
332 Probable Construction Cost 0.00
352 Record Drawings 0.00
362 Renderings 0.00
363 Models 0.00
370 Tenant Coordination 0.00
387 Travel 0.00
388 Meetings 0.00
Phase Subtotal - Hours 12.00 80.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 92.00
Phase Subtotal - Billing $$2,280 $12,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $14,280
Task 6 Limited Construction Services
L. Code Item Hours Total
300 General 0.00
301 Project Administration 0.00
Correspondence 0.00
Fee Management 0.00
Schedule Updates 0.00
302 Consultant Coordination 0.00
303 Agency Coord / Code Review / Permitting 0.00
304 In-House Review / QC / Charrette 0.00
320 CAD/Revit Model 0.00
321 Design / Documentation 4.00 70.00 74.00
(from DrwgList sheet)0.00
327 Interior Design / Doc.0.00
328 Materials / Specifications 0.00
332 Probable Construction Cost 0.00
352 Record Drawings 0.00
362 Renderings 0.00
363 Models 0.00
370 Tenant Coordination 0.00
387 Travel 0.00
388 Meetings 0.00
Phase Subtotal - Hours 4.00 70.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 74.00
Phase Subtotal - Billing $ $760 $10,500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $11,260
PROJECT TOTAL - Hours 20 130 0 0 0 0 0 0 0 0 0 0 10 160
PROJECT TOTAL - Billing $$3,800 $19,500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,400 $35,960
Workbook: f:\projmang\pmforms\1-predes\gen\2019 RFM Fee Master Two Way - Amendment 03
Worksheet: Budget
Page 1
Print Date:8/8/2022
DocuSign Envelope ID: 858EF89F-073B-49A2-B003-5932E03DC015
Rice Fergus Miller
Quincy Square 1 233-1896-161
August 2022
EXHIBIT A – SCOPE OF WORK
Rice Fergus Miller
Quincy Square
Modification 03 Request
INTRODUCTION
This document describes Parametrix’s proposed scope of work (SOW) for Modification 03 under our existing
contract for the Quincy Square project. The purpose for Modification 03 is to add budget for Parametrix to
perform additional engineering services during final design and during construction as requested by the City of
Bremerton.
A proposed schedule is included in this scope as Exhibit B and our proposed budget is attached as Exhibit C.
The following tasks are associated with this SOW.
Task 1 – Project Management and Meetings
Objective
Continue project management through final design.
Activities
The following activities will be performed as part of this task:
•Manage and direct the project technical team.
•Provide routine project management and communications (scope, schedule, budget, and invoicing).
•Prepare monthly progress reports and progress billings and submit to the City for approval and payment.
Deliverables
The following deliverables will be prepared:
•Routine correspondence and monthly progress reports
•Meeting agendas and notes
Assumptions
The following assumptions apply to this task:
•Project duration will be 8 months for design (May through December 2022) and an additional 11 months
for construction (January through November 2023). The Parametrix project manager will require an
DocuSign Envelope ID: 858EF89F-073B-49A2-B003-5932E03DC015
SCOPE OF WORK (continued)
Rice Fergus Miller
Quincy Square 2
233-2519-010
August 2022
average of 1 hour per month for project management and internal staff coordination during the design
period and ½ hour per month during the construction period.
Task 03 – Environmental Documentation
Objective
Complete National Environmental Policy Act (NEPA) documentation as required by the granting agency, the
Department of Housing and Urban Development (HUD).
Activities
The following activities will be performed:
•Modify draft HUD NEPA forms previously developed by Parametrix to address changes to the forms since
the draft forms were completed in 2019.
Deliverables
The following deliverables are associated with this task:
•Draft and final updated NEPA forms.
Assumptions
The following assumptions apply to this task:
•The form revisions will require 16 hours of Engineer III time.
Task 5 – Final Design
Objective
Complete bid set plans, specifications, and estimate (PS&E) by responding to City comments to the draft 100%
PS&E submitted in January of 2022. Review comments were received on June 15, 2022.
Activities
The following activities are associated with this task:
•Respond to City comments.
•Update contract special provisions to meet requirements of federal grant funds.
•Replace two existing luminaires on the segment from Washington Ave to the alley with new Lumec
luminaires.
•Install new light fixtures for the relocated mural (mural relocated from the alley intersecting 4th Street to
the 4th Street frontage. The mural illumination fixture will consist of a flood light affixed to the new
replacement light pole located on the south side of 4th Street.
DocuSign Envelope ID: 858EF89F-073B-49A2-B003-5932E03DC015
SCOPE OF WORK (continued)
Rice Fergus Miller
Quincy Square 3 233-2519-010
August 2022
Deliverables
The following deliverables are associated with this task:
•Bid set PS&E including revised plans, engineer’s opinion of probable cost, special provisions, and contract
documents.
Assumptions
The following assumptions apply to this task:
•The flood light fixture will have a shield to minimize obtrusive stray light and the mural illumination will be
minimal to be considerate of the surrounding residency.
•The mural flood light will be controlled by the same street lighting electrical circuit as the new
replacement light pole (street light).
•Comments on the final bid set PS&E in addition to the comments received on July 15, 2022 will address
omissions and cleanup and will not require significant design changes. Examples of significant design
changes include the addition of drainage structures, pavements, sidewalk, curb and gutter, or lighting. Any
significant design changes would require additional scope and budget and would be addressed in a separate
contract modification.
TASK 6 – ENGINEERING SERVICES DURING CONSTRUCTION (NEW TASK)
Objective
Provide engineering support during the construction phase of the project.
Activities
The following activities are associated with this task:
•Review Contractor’s submittals for compliance with the specifications.
•Respond to applicable Contractor’s requests for information (RFIs).
•Attend site walks at the request of the City.
Deliverables
The following deliverables are associated with this task:
•Hard copies and electronic copies of responses to material submittals, cut sheets, and shop drawing
review.
Assumptions
The following assumptions apply to this task:
•The construction schedule will be approximately May 2023 to November 2023.
•Parametrix will attend up to eight site visits at an estimated 2 hours each.
DocuSign Envelope ID: 858EF89F-073B-49A2-B003-5932E03DC015
SCOPE OF WORK (continued)
Rice Fergus Miller
Quincy Square 4 233-2519-010
August 2022
•Parametrix will review and respond to a total of ten civil submittals at an estimated 2 hours each, ten
electrical submittals at an estimated 2 hours each, and eight RFIs at an estimated 2 hours each.
DocuSign Envelope ID: 858EF89F-073B-49A2-B003-5932E03DC015
SCOPE OF WORK (continued)
Rice Fergus Miller
Quincy Square 5 233-2519-010
August 2022
Exhibit B - Schedule
Work Element Completed By
Notice to Proceed (verbal)
Final 100% PS&E
Draft Bid Set PS&E
Bid Set PS&E
Construction Contract Executed
Construction
May 15, 2022
October 31, 2022
November 30, 2022
December 31, 2022
April 1, 2023
November 30, 2023
Note: Schedule assumes one week City review period.
DocuSign Envelope ID: 858EF89F-073B-49A2-B003-5932E03DC015
PARAMETRIX EXHIBIT C - BUDGET 8/25/2022
RFM
TOTAL TOTAL
TASK SUBTASK 3.0 Burdened Labor Rate $250.44 $133.68 $198.75 $219.03 $229.53 $140.73 $121.68 $127.14 $133.08 $158.64 HOURS COST
1 1 Project Management and Meetings
Additional PM - 19 months (May 2022 through November 2023)14 14 14 1 43 $7,308
Subtotal 14 14 14 1 43 $7,308
1 3 Environmental Documentation
NEPA Update for Federal Requirements 2 16 18 $2,640
Subtotal 2 16 18 $2,640
1 5 Final Design - 100% and Bid Set PS&E
Delineate 4th Drainage Basin and Revise Drainage TM 2 8 4 14 $2,057
Coordination with Biopod to Select Appropriate Treatment Vaults 1 4 5 $785
Add Treatment Vault to Sheet C08 and Update Specifications and EOPC 2 8 10 $1,570
Respond to Additional Round of City Comments (Draft Final Bid Set)2 40 12 1 4 59 $9,269
Replace 2 Additional Luminaires 1 4 0.5 2 8 $1,523
Add Spotlight on Luminaire to Illuminate Mural 1 4 0.5 2 8 $1,523
Draft Final Bid Set Comment Review Meeting 2 2 4 $768
Update Special Provisions to Meet Federal Requirements 2 12 2 6 22 $3,273
QC 2 2 $398
Subtotal 8 54 2 22 2 8 6 102 $21,166
1 5 Engineering Services During Construction
Site Visits (up to 8 at 2 hours each)12 4 16 $3,881
Civil Submittal Review (up to 10 at 2 hours each)10 10 20 $3,841
Electrical Submittal Review (up to 10 at 2 hours each)20 20 $4,381
RFIs (up to 8 at 2 hours each)2 8 6 16 $2,885
Mileage (Puyallup to Bremerton, 2 trips)$100
Subtotal 24 18 26 72 $15,088
1 ESC Salary Escalation
Salary Escalation (assumes 3% salary increase effective 10/1/22)$547
Subtotal $547
TOTAL 48 88 2 48 2 8 6 14 14 1 235 $46,748
David Dinkuhn, PE Reviewed By: Jenifer Young
(Project Manager)(Division Manager)
Prepared By:
233-2519-010
Elec.
Designer IIID. Petersen
Sr Elec.
Eng.C. Wittman
Sr. Elec.
Eng. R. Rohler
Sr. Eng.M. Wilde
Project:
STAFFPMX #
Quincy Square - FINAL DESIGN (Modification 03)
Sr. Proj.
Acct.L. Gilbertson
BILLING MULT.:
Proj
ControlsS. Harris
PM
D. Dinkuhn
Contracts
J.N. Johnson
Client:
Eng III
J. Johnson
Pub SuprA. Lucas
Page 1
DocuSign Envelope ID: 858EF89F-073B-49A2-B003-5932E03DC015
Emily Russell Landscape Architecture
245 4th St. #501
Bremerton, WA 98337
360.990.1720
emily@russelldesignsource.com
www.erlandarch.russelldesignsource.com
08.02.2022
Mike Wright
Rice Fergus Miller, Inc.
275 Fifth St., Suite 100
Bremerton, WA 98337
Re: Addendum to Proposal for Landscape Architectural Services for Quincy Square
Dear Mike,
Thank you for the continued opportunity to provide landscape architectural services for Quincy Square in
Bremerton, WA. Below please find the addendum to our original contract for the anticipated additional
revisions from 8/10-9/15 based on City comments on the final bid documents, as well as during the NEPA
process.
Revisions for Final Plan:Estimated Hours: 80
Estimated Cost: $12,400
Construction Administration:Estimated Hours: 20
Estimated Cost: $3,100
Hourly Rate:$155
Sincerely,
Emily Russell, PLA, ASLA
Registered Landscape Architect and Owner of Emily Russell Landscape Architecture
Approved by:
For Client:____________________________________________________________________________
Date:__________________________________________________________________________________
Emily Russell Landscape Architecture | Quincy Square | Landscape Architectural Services 1
DocuSign Envelope ID: 858EF89F-073B-49A2-B003-5932E03DC015
WSW ENGINEERING PLLC | 8625 NE STAGER CT | BAINBRIDGE ISLAND, WA 98110 | (206) 402-2906
July 26, 2022
Michael Wright
Rice Fergus Miller
275 Fifth Street, Suite 100
Bremerton, WA 98337
Quincy Square
Raised Performance Stage
Additional Services / Construction Administration
Bremerton, WA
Dear Michael,
We are pleased to submit this proposal for structural engineering consultation for
Construction Administration for the Quincy Square project.
Additional Scope of Services
The additional services included in this proposal is as follows:
1. Provide Construction Administration services for an estimated eight-week
duration of structural engineering engagement.
Proposed Fee
Effort for the Additional Scope of Services above will be billed on an hourly basis at $150 per
hour. We estimate the billing for the remaining duration of the project at Two Thousand Eight
Hundred Dollars ($2,800). Should we anticipate that our effort will exceed this estimate, we
will contact your office for approval before proceeding. Effort will be billed on a monthly basis.
Assumptions and Additional Services
Structural services not included in the Basic or Additional Scope of Services may be available
on request under a separate agreement. Any revisions or additions of project scope to the
scope outlined above will be considered as an Additional Service.
The Client allows the following time periods for the return of submittals:
1. Requests for Information (RFIs)......................................................................2 days
2. Shop Drawings, Product Data, other submittals................................10 days
Periods are business days beginning on the first full day after receipt by WSW. In the event
that a submittal cannot be returned in this time frame, WSW will notify the Client in a
reasonable timeframe prior to the due date.
DocuSign Envelope ID: 858EF89F-073B-49A2-B003-5932E03DC015
WSW ENGINEERING PLLC | 8625 NE STAGER CT | BAINBRIDGE ISLAND, WA 98110 | (206) 402-2906
Limitations
Consultant’s services shall be provided consistent with and limited to the professional
standard of care which is the skill and care ordinarily provided by similarly situated
professionals practicing in the same or similar locality under the same or similar
circumstances. Such standard of care is not a warranty or guarantee and consultant shall have
no such obligation. Accordingly, client shall provide appropriate contingencies in both
schedule and cost.
This Agreement and the deliverables, obligations, and rights herein are intended for the sole
use and benefit of the Parties and are not intended to create any third party rights or benefits.
This Agreement and the design may not be transferred or assigned by either Party without
written consent. Consultant shall not be responsible for the statements, performance, acts,
errors, or omissions of any person or entity not under its direct control.
Consultant shall be deemed the owner of its Instruments of Service, including the Plans,
Drawings and Specifications, and shall retain all common law, statutory and other reserved
rights, including copyrights. Consultant grants to the Client a nonexclusive license to use the
Instruments of Service solely and exclusively for purposes of constructing, using, maintaining,
altering, and adding to the Project, provided that the Client substantially performs its
obligations under this Agreement, including prompt payment of all sums due hereunder.
Client expressly agrees that any liability arising out of this project shall be limited to the
Consultant and its applicable insurance and shall not be the basis of personal liability as to
Consultant’s owners, officers, directors, or employees.
The terms of the Proposal shall be effective for 90 days after presentation to Client. In the
event this Agreement is not executed by Client within the time identified, the Proposal,
together with any related terms and conditions and deliverables, may be subject to
amendment, change or substitution. Once accepted by the Client, this proposal shall
become the effective agreement between the Client and WSW Engineering PLLC.
Please call if you have any questions.
Sincerely,
Bill Williams, P.E., S.E.
Consultant
Rice Fergus Miller
Client
Signed:Signed:
Date:Date:07-26-2022
DocuSign Envelope ID: 858EF89F-073B-49A2-B003-5932E03DC015