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HomeMy WebLinkAbout5548 TECHNICAL SER�ICES AGREEMEI�IT ADA Transation Plan Ti�e City of Bremerton ("City") and King Technologies, PLLC ("Consultant"), referred to collectively as the"Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated January, 2016, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. 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. Terrn: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule identifed in Exhibit A; 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 $23,200. ConsuItant's charges and bills shall conform to the fee schedule attached hereto as Exhibit A2 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 billing fees shall be as delineated in Exhibit A2. Consultant shall not perform work beyond the Scope of'�'Vork, 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 shali be in accordance with Exhibit A2. 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. Bremerton/King Technologies, PLLC Rev. 8/15 ADA Transition Plan Page 1 of 6 IV. Retationsh�p of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is perfonning 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-Consultar►ts 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 obiigations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, pius any additionaZ charges arising from the delinquency, from any payments due Consultant. As an independent Consultant, in the performance of Consultant's work under this Agreement, Consultant shall not use or have access to City-owned computers or computer systems, vehicles, offices or other facilities (except those that are accessible to the general public), or administrative assistance from City staff. V. Incleent�ificataon: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers 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 performance of this Agreement except for that portion of the injuries 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. IF CONSULTANT IS REQUIRED TO HAVE WORKER'S COMPENSATION INSURANCE UNDER TITLE 51 OF THE REVISED CODE OF WASHINGTON: IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER Bremerton/King Technologies, PLLC Rev. 8/15 ADA Transition Plan Page 2 of 6 ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or te�rnination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, personal Automobile Liability insurance as required under Washington State law for any vehicle(s) the Consultant may use during the course of the contract. � Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing that personal Automobile Liability is in force. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. 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`h Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a dupticate of the insurance policy with all endorsements as evidence of coverage. VII. Gener�t Conditoons: A. Reports and Information: When reyuested by the City, Consultant shall fumish periodic reports and documents on matters covered by this Agreement. The reports and documents sha11 be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents• Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like infonnation relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the ConsuItant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in Bremerton/King Technologies, PLLC Rev. 8/15 ADA Transition Plan Page 3 of 6 the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonabte cost. All documents, including all reports, drawings, speciftcations, computer soflware 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 wilI be at City's sole risk. C. Use of Photo�raphs and Ima,ges Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk• Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utitize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, sha11 take place at the City's of�ices, or at locations mutually agreed upon by the parties. F. 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. G. Severabilitv: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: 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 1 st class mail, or by personal service, and shall be deemed su�ciently 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 1623 Arab Dr. SE Bremerton, WA 9831 Q Qlympia, WA 9$501 Bremerton/King Technologies, PLLC Rev. 8/15 ADA Transition Plan Page 4 of 6 .�• ``v�%�r��ci': �'��iure to enrbrce any provision ut this i�►greement sinalt nat be deem� 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 �� �y �#' u'�� ����� �� a���-� �r�:a��� ��t�, �r � �R�,�s� a�y c�piian ihe�rein 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, S��t�,a_� 1.€�� ���+�����g�g e���Ab..�:�.��,::.���:.:s :���.�,-;�. 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. �►ftomeys' Fees: In ihe event of Iitigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assi ent: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. �+'���. i�iondiscrirreination: Consu�tant sha�i not discriminate in emptoyment or services to the pubtic on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational gualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, teininatec� by written instrument upon mutua� consent, ur by ��e 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 Consultartt shall �nclud� a ceport sh�wi�g the s�atus of all ite�ts 1is4ed in the Scope of �A/ork current through the termination date. � If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the comptetion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consaltant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Bremerton/King Technologies, PLLC Rev. S/15 ADA Transition Plan Page 5 of 6 � Agreement that are beyond the control and without the fault or negligence of the Consultant, inciuding, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. . PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of � this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Ri ts Upon Termination: 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. Any such use not related to the project which Consultant was contracted to perforn► shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligib2e for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligibte, excluded or disqualifted. CITY OF BREMERTON CONS[JLTANT � ��L � y: Thomas E. Knuckey gy; � its: City Engineer its:���` Date: February 17, 2016 Date: .�"'.zs� ��� � j� Approved as to form: A�test: �— � �� Bremerto ity ttorney City Clerk a Bremerton/King Technologies, PLLC Rev. 8r 15 ADA Transition Plan Page 6 of 6 ;i:_:=�_��.�:Y�; i; K�nq T�c�loqtes, P�Le 'I i� t� � !: ATTACHMENT A ���- � �' � ____ _ ._, � � Scope of Services '��°�--�W..-�. ° �. The City of Bremerton (CITY)recognizes that its ADA program is less than desired, that not all steps to compliance are complete, that a Self-Evaluation has not been completed,and that the required Transition Plan is not complete. Efforts by staff to put these elements into place are ongoing. King Technologics, PLLC (CONSULTANT)will assist in the development of the CITY's federally mandated Americans with Disabilities Act (ADA)program and Transition Plan. The goal is to develop a plan that is feasible to achieve real improvements and results. The CONSULTANT will provide CITY with both substantial technical guidance and expertise in facilitating this program and Transition Plan,as described in the following tasks. GENERAL.ASSUMPTI4NS CONSUL7ANT will provide technical services to the CITY as outlined in the Work Tasks descriptions below. The following general provisions/assumptions have been made: A. This Scope of Work is premised on a notice-to-proceed date of approximately February 1, 2016, with an 11 month duration, and completion by or before December 31, 2016. B. Tasks are assumed and estimated. CONSULTANT will only proceed on Tasks with a written (email will be accepted as"written") notice-to-proceed for each Task. C, It is understood and agreed that tasks may be added or deleted from the scope of services by mutual agreement of the CITY and CONSULTANT. D. CONSULTANT will develop drafts of various procedures and processes. The CITY will finalize all procedures and processes, including production of final documents for those purposes. 1. PROJECT MANAGEMENT SERVICES 1.1. Proiect Administration Services: The CONSULTANT will maintain regular contact with the CITY Project Manager and maintain regular coordination with CITY staff for this project. The CONSULTANT shall be responsible for: a. Maintaining regular contact with the CITY and designated staff through informal office visits, telephone conversations, and e-mail to keep the CIN informed on the progress of this contract. b. Providing monthly status reports and invoices for work performed. c. Completion of work on schedule, which is technically competent, and meets the CITY's needs and expectations. d. Overall project management for all work elements, including coordination with the CITY. 1.2. ADA Committee Meetinas: This project involves coordination with the CITY ADA Committee (Committee). The CITY will have primary responsibifity for coordination with the Committee. The CONSULTANT will work with the CITY to advise the Committee and obtain feedback as the Transition Plan is drafted and completed. a. Two meetings are assumed with Committee. b. CONSULTANT will develop meeting presentation materials as directed by the CITY. Exhibit A-Scope of Services Bremerton ADA Transition Plan Page 1 �....__......_....__....._..,; , ;� IC1f�1Q �E��!"IOlOC�1CSo PLL� '; I f; ,, . �i �' �; 1.3. Citv Council Meetings: This project ultimately requires approvai of CITY Council. The ;�-T,-�- -.. .:•=; , x�- ; CITY will have primary responsibility for coordination with the Councii and its Public , •����8,�; Works Subcommittee. CONSULTANT will prepare and resent materials as directed �����`�� ` P by the CITY. a. One meeting each is assumed with Council and its Public Works Committee, for a total of up to two meetings. b. CONSULTANT will develop meeting presentation materials as directed by the CITY. Dellverables: o Monthly progress reports and invoices. o Up to two ADA Committee presentations. o One Council Public Works Committee presentation. o One Council Presentation. " 2. PLAN BACKGROUND 2.1 Plan�ackground: CONSULTANT will review with CI1Y staff existing ADA requirements, and the CITY's current position in regard to its ADA program and Transition Plan The CONSULTANT will develop a brief status report,with findings and recommendations for updating the ADA program as needed, considering the following steps: 1. Designating an ADA Coordinator 2. Providing Notice About the ADA Requirements 3. Establishing a Grievance Procedure 4. Development of lnternal Standards, Specifications, or Design Details 5. The ADA Transition Plan 6. Schedule and Budget for Improvements 7. Monitoring the Progress . Deliverables: - a ADA Status Report for Updating the CITY ADA program. 3. ADA PROCEDURlES � CONSULTANT will provide the following elements to assist the CITY in further defining its ADA program, including who on staff should be engaged in the program at some leve(. 3.1 Define Roles:CONSULTANT will outline roles of various positions necessary for compliance with the ADA, both for the CITY overall, and within the various departments and divisions. 3.2 ADA Notices and Procedures: CONSULTANT will draft ADA required notices and grievance procedures for consideration and adoption by the CITY. Deliverables: o Personnel roles report. Exhibit A-Scope of Services Breme�ton ADA Transition Plan Page 2 ...._........... .. .... ..... - t r--------�� �1"1� T��t��jG"Se P�.�C i� �� . '� '' �, �; , �I ;r o Qr�ft AflA 4�ce. "l`--::., ----�f o Dralt G�ie�anc�Qrvicedu�e. ?.°... __...._° -...'. 4. ADA S�ANDARDS A Transit�on P�an+s dt�dent u�pcm�tandar�s to measure ac,�am' st.Vl�e federal guidetines exist, agencies are a8owed to adopt standards that fit their speafic needs and circumstances.The CITY has not formally adopted standards specifiic to ADA,and wishes to determine an appropriate methodology and standards. 4.1 ADA Standards Aaproach: CONSULTANT will review federal standards and develop an approach to adopting sla�.The ClTY wit!ret�in r+�i�ilityr ku�nal de��lc�ment and adop�►of standards. Deliverables: o Standards adoption approach report. 5. TRANSITION PLAN The Transition Plan provides the foundation and path to ultimately achieving full compliance with the ADA. It is broken into several oomponents,induding a lis#af physical barriers tderived fr+om the self�valuatiort in Wor1c Element 6), a description of the methods to remove the barriers,a schedule for achieving that goal,the name of the responsible official(Work Element 3), a schedule for providing curb ramps, and a record of opportunity for par�cipation by the Disability Community. CONSULTANT will research and draft the following elements for the Transition Plan. 5.1 Self-Assessment Approach: CONSULTANT will develop a draft approach for completion of the Self- Assessmen#. 5.2 Prioritization Pian:CONSULTANT wifi deveiop a draft prioritization process,anticipated to be derived though the use of a priority elements matrix. 5.3 Barrier Removal Methods: CONSULTANT will develo�a draft description of the methods to remove barriers. 5.4 Plan Imalementation Schedule: CONSULTANT will develop a draft schedule for implementing completion of the Se1f-Assessment and the barrier removals. 5.5 Curb Ramp Schedule: CONSULTANT will develop a draft schedule for curb ramp installations. Delnrerables: , o DRAFT Setf-Assessment Approach. o DRAFT Prioritization Plan. o DRAFT Barrier Removal Methods. o DRAFT Implementafion Schedule. o Written summary of each altemative Exhibit A-Scope of Services Bremerton ADA Transition Plan Page 3 Brer�erton ADATransiteon Plan Ki�g Technoiogics-LABOR ESTIMATE Vliork ��Rt Wo�c Element PROJ TOTAL Labor TOTAL �''�� �� � PRfN HOURS COST ��SQIlaO � �'I�f�� 1.1 ' l�dnan�trafion 6 6 � 900.00 $ 900.00 i.2 ADA Com�t� f� 10 S �.SOQ.OD $ 1,500.60 t.� ����� � � � a�.ao s a�.� '� , c�""� . � � � ; s aso.�n s aso.� ;�+��� •� �c �� �:�a..,� �,�a.�ro F r� i ,'� 2.1 ADA Rev�x 8 8 , ,•$ 1,200.00 $ 1,20lf.00 2.2 AOA Status Re ort 12 12 a 1,800.00 $ 1,800.00 �,�a� z� a� � s a� s � � �,� , �;� �ir��:fi � � � : ;,� RF� �� �,�� ?� ��i�,��i��rc�►z�-�i.+� � � �. �� �� t� �� Subtotal Task 3 24 24 ; 3,600.00 E 3,600.00 4 ADA STANDARdS 4.t ADA Stas�dards praar.� 24 24 $ 3.�.OQ S 3,�i0Q�Q rn'St3��lRif1 3�AfM. ".I.!� �� ,� R 1' ��� ���:7A t aF' � �r.:.��- .� , C � t' i 7 j 5.1 Se�f-Assessment road� 16 16 $ 2,400.00 $ 2,400.U0 3� Prioritizahon Plan 12 12 $ 1,800.00 $ 1,800.00 5.3 Barrier Removal Methods 8 8 $ 1,200.00 $ 1,200.00 5.4 Plan Im IementaHon Schedule 8 8 $ 1,200.00 $ 1,200.00 � C��r���'.�`1ifF+ ----- � � ' '���: � � :�a"� � � �$a� �s �� ' 'i� ',,��t�� �,�It� � ; TOTAL LABOR HOURS/COST 142 142 E 21,300.00 S 21,300.00 TOTAL DIRECT EXPENSES a 1900.00 ; T€?��E�'�f��� � �,�.� . Directs Mileage' 0.54 2340 $ 1,263.60 Meals $ 10 18 $ 180.00 T�aR� .�: �� t`a� °� �.� ��� � �_� Miscellaneous $ 9$.40 Ta�� S 1,900.00 'Assumes one trip per month,tatal of 18. Exhibit A2 KT 2016001 1 of 1