HomeMy WebLinkAbout6757 Docusign Envelope ID:29D8102F-9E69-493C-8201-E5262ED490C4
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Executive Correspondence Routing Memo
Date: 8/26/2024
Description: Professional Services Agreement between PCS Structural Solutions and the City of
Bremerton for a condition assessment of the Bremerton Boardwalk Facility. Approved in the
Facilities CIP Budget not to exceed the amount of$4,500.00.
Action Requested: Agreement Signatures.
Originator: Matt Donleycott, Internal Services Manager
Coordination I Approval / Recommendation:
Internal Services Manager: Recommended Initials/date 8/0 1'
Public Works Director: Signature Initials/dateTom _ Digitally signedbyTom
Kn u cke Date:2024.08.27
Y 10:28:08-07'00'
Contracts Administrator: LASERFICHE
Finance: LASERFICHE
City Clerk: LASERFICHE
City Assistant Attorney: Signature LASERFICHE/DOCUSIGN
Please return to Public Works, Attn: Matt Donleycott
Legal green sheet attached.
Public Works&Utilities 1100 Oyster Bay Ave.N.,Bremerton,WA 98312*Phone(360)473-5315*Fax(360)473-5018 .
Docusign Envelope ID:29D8102F-9E69-493C-8201-E5262ED490C4
PROFESSIONAL SERVICES AGREEMENT
Bremerton Boardwalk Facility Condition Assessment
The City of Bremerton ("City") and PCS Structural Solutions("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 May 1, 2024, 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
consistent with the professional skill and care ordinarily provided by professionals practicing in
the same or similar locality under the same or similar circumstances.
II. Term: 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 attached hereto as
Exhibit B;provided however,that additional time shall be granted by the City for excusable delays
or extra work as provided for in Section X.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 $4,500. Consultant's charges and bills shall
conform to the fee schedule attached hereto as Exhibit C 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 C.
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 shall be in accordance with Exhibit
C.
If a billing statement does not conform to this Agreement,the City may withhold payment
until the statement is brought into compliance. Such withholding does not relieve Consultant of
its obligations under this Agreement.
IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its field
of expertise. Consultant and its personnel are independent Consultants and not employees of the
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Bremerton/PCS Structural Solutions
Bremerton Boardwalk Facility Condition Assessment
Rev.04/2023
Docusign Envelope ID:29D8102F-9E69-493C-8201-E5262ED490C4
City. Consultant and its personnel have no authority to bind the City or to control the City's
employees and other Consultants. None of the benefits provided by the City to its employees,
including,but not limited to, compensation, insurance, and unemployment insurance are available
from the City to the employees, agents, representatives, or sub-consultants of the Consultant.
Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents,
employees, representatives and sub-consultants during the performance of this Agreement. The
City may, during the term of this Agreement, engage other independent Consultants to perform
the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. 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,plus any additional charges arising from
the delinquency, from any payments due Consultant.
V. Indemnification:
A. Consultant shall,indemnify and hold the City,its officers,officials,employees and
volunteers harmless from claims, injuries, damages, losses or suits, including all legal costs and
attorney fees, caused by the Consultant's negligent or willful misconduct except for that portion
of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting
work pursuant to Subsection B below. With respect to professional liability claims, Consultant
shall not be responsible for up front defense costs; however, Indemnitees shall be entitled to
seek reasonable attorney's fees and costs as part of their damages and Consultant shall
reimburse the Indemnitees for the reasonable attorney's fees and costs incurred by the
Indemnitees.
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.
B. Architects, Engineers and Any Other Professional Listed In and Performing
Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that
Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in
the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to
the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER
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Bremerton Boardwalk Facility Condition Assessment
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Docusign Envelope ID:29D8102F-9E69-493C-8201-E5262ED490C4
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE
THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, sub-consultants or sub-Consultants.
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
2. Commercial General Liability 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 Liability insurance with limits not less than $1,000,000 limit per
occurrence and aggregate; and
4. Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim; and
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.
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Bremerton/PCS Structural Solutions
Bremerton Boardwalk Facility Condition Assessment
Rev. 04/2023
Docusign Envelope ID:29D8102F-9E69-493C-8201-E5262ED490C4
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 6th
Street, Suite 100, 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 duplicate of the insurance policy with all endorsements as evidence
of coverage.
In the event that the Consultant employs other consultants or Consultants (sub-consultants
or sub-Consultants) as part of the work covered by this Agreement, it shall be the Consultant's
responsibility to require and confirm that each sub-consultant or sub-Consultant meets the
minimum insurance requirements specified above. The Consultant shall,upon demand of the City,
deliver to the City copies of such policy or policies of insurance and the receipts for payment of
premiums thereon.
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and documents
shall 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 information 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 Consultant 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 Seattle, 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
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Docusign Envelope ID:29D8102F-9E69-493C-8201-E5262ED490C4
information in the City's offices. Duplicate copies of this information shall be provided to the City
upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City's sole risk.
C. Use of Photographs and Images. 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 utilize 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 Seattle, 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 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. Severability: 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 1st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
Notices to be sent to: Notices to be sent to:
CITY: CONSULTANT:
Attn: Matt Donleycott Attn:
City of Bremerton _
345 6th Street, Suite 100
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Bremerton/PCS Structural Solutions
Bremerton Boardwalk Facility Condition Assessment
Rev.04/2023
Docusign Envelope ID:29D8102F-9E69-493C-8201-E5262ED490C4
Bremerton, WA 98337-1891
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 Consultant without the
written consent of the City shall be void.
VIII. Equal Employment Opportunity Statement: In the hiring of employees for the
performance of work under this Agreement, the Consultant, its subConsultants, or any person
acting on behalf of Consultant shall not discriminate in any employment practice on the basis of
age(40+), sex,race,creed,color,national origin, sexual orientation/gender identity,marital status,
military status, or the presence of any physical, mental or sensory disability.
IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability
in programs and activities, which it operates pursuant to the requirements of the Americans with
Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment
and admission to participation in the programs, services and activities of the City of
Bremerton. Reasonable accommodation for employees or applicants for employment will be
provided.
X. Termination: This Agreement shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
for convenience. This Agreement may be immediately terminated for cause by a Party if the other
Party substantially fails to perform through no fault of the terminating Party, and the non-
performing Party does not commence correction of the failure of performance within thirty (30)
days of the terminating Party's sending notice to the non-performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work current
through the termination date.
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Bremerton/PCS Structural Solutions
Bremerton Boardwalk Facility Condition Assessment
Rev.04/2023
Docusign Envelope ID:29D8102F-9E69-493C-8201-E5262ED490C4
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
completion of the work, the City may summarily terminate this Agreement.
A. Excusable Delays: The right of Consultant 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 Agreement that are beyond
the control and without the fault or negligence of the Consultant, including, 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. Rights 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
perform shall be without liability or legal exposure to the Consultant.
XI. Suspension & Debarment. For contracts involving Washington State and 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 State or 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 ineligible 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, ineligible, excluded or
disqualified.
IN WITNESS WHEREOF,the parties below have executed this Agreement.
CITY: CONSULTANT:
CITY OF BREMERTON PCS STRUCTURAL ENGINEERING, LLC
Signed by: E—DocuSigned by:
t 4w4as <.In u�,�cu? By:
By: �43/89A4 Sf3/4 �mpilsd11 ; A4AD...
Print Name: 'om lenuckey Print Name: 1
Its: Public Works Director Its: Managing Principal
Page 7 of 8
Bremerton/PCS Structural Solutions
Bremerton Boardwalk Facility Condition Assessment
Rev.04/2023
Docusign Envelope ID:29D8102F-9E69-493C-8201-E5262ED490C4
9/10/2024 9/10/2024
Date: Date:
APPROVED AS TO FORM: ATTEST:
Signed by: DocuSigned by:
B : A'`1 � By: rI�l.al�, it hpin,r0t,
y o1x7'B'tnoe i BO#6L. Y 8178,4{38e2F-82487...
Kylie J. Finnell, Bremerton City Attorney Aiige-la-I400ve-r amity-Clerk
Melinda Monroe for city clerk
R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev.04 2023.docx
Page 8 of 8
Bremerton/PCS Structural Solutions
Bremerton Boardwalk Facility Condition Assessment
Rev. 04/2023
Docusign Envelope ID:29D8102F-9E69-493C-8201-E5262ED490C4
pcs
Structural Solutions
Seattle 1011 Western Avenue,Suite 810 1 Seattle,WA 98104 1 206.292.5076
Tacoma 1250 Pacific Avenue,Suite 701 I Tacoma,WA 98402 1253.383.2797
Portland 101 SW Main Street,Suite 280 I Portland,OR 97204 1503.232.3746
www.pcs-structural.com
May 1, 2024
City of Bremerton
345 6th Street, Suite 100
Bremerton, WA 98337
ATTN: Matt Donleycott
RE: Bremerton Boardwalk Facility Condition Assessment
Dear Matt:
Thank you for this opportunity to propose our Structural Engineering services for a structural
facility condition assessment of the Bremerton Boardwalk Facility Condition Assessment.
SCOPE OF SERVICES
We will provide a signed letter with our findings regarding the condition of the existing
boardwalk constructed between 1990-2000. We will include the seismic deficiencies (if
observed), potential current risks, potential future risks with additional 2-1/2 foot higher tide
and possible repair and upgrades to mitigate failure during a significant seismic event and
otherwise. Our analysis will follow the ASCE 41-17 Tier 1 analysis procedure.
Our scope of services and resulting fees are based on the following:
• (1) site visit.
• (1) facility condition assessment memo for the boardwalk structure facility.
Our scope of services does not include as-built review of existing conditions except for the
items listed above.
Docusign Envelope ID:29D8102F-9E69-493C-8201-E5262ED490C4
•.11 PCS
Structural Solutions Connected Teams.
Bold Solutions.
City of Bremerton
Matt Donleycott
Bremerton Boardwalk Facility Condition Assessment
FEES
Our fee for the scope of services noted above will be $4,500. Billing will be on a percentage
of completion basis. If required a reimbursable for boat rental will be included with a ' 0%
mark-up. The fee amount may be modified only with prior written approval if the scope of
services is changed.
Thank you for this opportunity to be of continued service. If there are any questions
regarding this proposal, please feel free to call. We look forward to hearing from you.
Very truly yours,
PCS STRUCTURAL SOLUTIONS
pt. ,yby.
Jared Dragovich, S.E.
nitif� 9/10/2024
rttowAS
3789A49B3874BD...
Associate Signature Date
Thomas Knuckey, Public Works Director
Reviewed By: Printed Name/Title
Ted Ryan, S.E.
Managing Principal Billing Address:
JADkrp
Phone: Fax:
*see attached Contract and Terms & Conditions
Bremerton Boardwalk FCA pro-c 2024-05-01 tad
Docusign Envelope ID:29D8102F-9E69-493C-8201-E5262ED490C4
a I PC:5
Structural Solutions
Seattle 1011 Western Avenue,Suite 810 I Seattle,WA 98104 1206.292.5076
Tacoma 1250 Pacific Avenue,Suite 701 I Tacoma,WA 98402 1253.383.2797
Portland 101 SW Main Street,Suite 2801 Portland,OR 97204 1503.232.3746
www.pcs-structural.com
AGREEMENT FOR STRUCTURAL ENGINEERING SERVICES
® SEATTLE OFFICE Client Name: City of Bremerton
Tel:206.292.5076 Fx:206.467.7788
Attn: Matt Donleycott
❑TACOMA OFFICE Address: 345 6th St., Suite 100 _
Tel:253.383.2797 Fx:253.383.1557 Bremerton,WA 98337
Phone: (360)473-2316 Fax:
0 PORTLAND OFFICE Job No:
Tel: 503.232.3746 Project: Bremerton Boardwalk Facility Condition
Assessment
Location: 243 2nd St.
Bremerton,WA 98337
PCS Structural Solutions, Inc. and the client identified above agree as follows:
SCOPE OF SERVICES:
Per attached proposal letter dated May 1, 2024.
FEE ARRANGEMENT:
❑ To be billed HOURLY per the attached proposal dated
❑ We ESTIMATE the total cost of the Structural Engineering services on the project to be per the
attached proposal dated . We will not exceed this estimate without your prior written
approval if the scope of services is changed.
▪ The FIXED FEE for the Structural Engineering services on the project will be per the attached
proposal dated May 1, 2024. Billing will be on a percentage of completion basis. The fixed fee
may be modified only with the client's prior written approval if the scope of services is changed.
BILLINGS/PAYMENTS:
❑ Payment is due upon receipt of the completed structural report, calculations and/or drawings.
• Invoices will be submitted monthly. Payments are due within 30 days of the date of each invoice.
Amounts unpaid 60 days after the invoice date are subject to a monthly service charge of 1.0%
on the unpaid balance.
SPECIAL CONDITIONS:
Docusign Envelope ID:29D8102F-9E69-493C-8201-E5262ED490C4
a PCS
Structural Solutions
TERMS AND CONDITIONS
This schedule of TERMS AND CONDITIONS is part of the AGREEMENT FOR STRUCTURAL ENGINEERING SERVICES between PCS
Structural Solutions, Inc. ("PCS")and City of Bremerton ("Client")concerning the project identified as Bremerton Boardwalk Facility
Condition Assessment("the Project"). THE AGREEMENT FOR STRUCTURAL ENGINEERING SERVICES, including this schedule
of TERMS AND CONDITIONS is referred to as"this Agreement."
STANDARD OF CARE: PCS will perform its services in a manner that is consistent with the degree of care and skill prevailing amongst
other structural engineers performing services in Washington under similar circumstances.
OWNERSHIP OF DOCUMENTS: Client releases and shall defend and indemnify PCS and its personnel against claims arising out of
Client's unauthorized use of the documents.
CLIENT FURNISHED INFORMATION: PCS is entitled to rely upon the completeness and accuracy of information and documents
pertinent to the Project furnished by or on behalf of Client.
GEOTECHNICAL INVESTIGATION: PCS will not perform a geotechnical investigation. PCS recommends that Client engage a
geotechnical engineering consultant to perform a geotechnical investigation to determine subsurface soils conditions and foundation
criteria and to issue a report. If Client does not furnish a geotechnical report, PCS will assume that the provisions of Chapter 18 of the
2021 International Building Code(IBC)shall apply and will base the design on that assumption. If Client does not furnish a geotechnical
report, Client shall release PCS from, and shall defend and indemnify PCS against, all claims, liabilities, losses, damages and costs
related to or arising out of adverse building performance resulting from soils conditions that do not meet the design criteria assumed by
PCS in accordance with this provision.
EXISTING CONDITIONS: Unless specifically stated otherwise in this Agreement, PCS has no responsibility to discover conditions in an
existing structure that are not visible to the naked eye without removing existing finishes or elements. Client acknowledges that hidden
conditions could have a significant impact on the scope of services required and on the scope of the Project.
HAZARDOUS MATERIALS: PCS has no responsibility for the discovery,presence, handling, removal or disposal of,or for the exposure
of persons to, hazardous materials or toxic substances in any form at the Project site.
CONSTRUCTION PHASE: The structure will be designed to resist code required vertical and lateral forces after the construction of all
structural elements has been completed. Stability of the structure prior to completion is the responsibility of the Client's construction
contractor. PCS shall not be responsible for means, methods, procedures, techniques, or sequences of construction. PCS shall have
no responsibility for job site safety or for safety programs in connection with the construction. PCS shall have no responsibility for any
failure on the part of any construction contractor to carry out the work in accordance with the construction documents. Unless specifically
stated otherwise in this Agreement, PCS will not perform inspection services during construction. If the services include review of shop
drawings or other submittals,the review is conducted for the limited purpose of checking for conformance with the information given and
the design intent expressed in the structural drawings and not for the purpose of determining the accuracy or completeness of dimensions,
quantities or details for installation. PCS is entitled to rely upon the completeness and accuracy of the services, certifications and
approvals performed or provided by design professionals whose professional seals appear on shop drawings or other submittals.
TERMINATION: This Agreement may be terminated by Client or by PCS should the other fail to perform its obligations hereunder. In
the event of termination, Client shall pay PCS for all services performed up to the date of termination. If Client fails to make payments to
PCS in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at
PCS's option, cause for suspension of performance of services under this Agreement. In the event of a suspension in accordance with
this provision, PCS shall have no liability for costs and/or damages associated with the suspension, and the PCS's compensation and
the schedule for performance shall be equitably adjusted if the services are resumed.
INDEMNIFICATION: To the fullest extent permitted by law, Client shall defend and indemnify PCS and its principals and employees
against all claims, damages, liabilities and costs (including attorney fees and expert witness fees) arising out of or related to the
performance of, or the subject matter of, this Agreement except to the extent caused by the negligence or intentionally wrongful act of
PCS. Client is not required to defend or indemnify PCS or its principals or employees against claims, damages, liabilities or costs that
are caused by the sole negligence of PCS or its principals or employees. In the event that claims, damages, liabilities and/or costs are
caused by the concurrent negligence of Client on the one hand and PCS or its principals or employees on the other, Client's obligation
to defend and indemnify is limited to the extent of Client's negligence.
MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES: Client and PCS waive consequential damages against each other for claims or
disputes arising under or related to this Agreement.
Docusign Envelope ID:29D8102F-9E69-493C-8201-E5262ED490C4
ma PCS
Structural Solutions
DISPUTE RESOLUTION: This Agreement shall be governed by and interpreted under the internal laws of the State of Washington.
THIRD PARTIES: Nothing contained in this Agreement shall create rights in favor of, a contractual relationship with or a cause of action
in favor of any person or entity not a party hereto. Neither Client nor PCS may assign this Agreement or any rights arising under it to any
third party, either during performance or after performance,without the written consent of the other.
OFFERED BY: ACCEPTED BY:
Elt,61440,SSigned by:
May 1, 2024 9/10/2024
43 A4-9 H$-/'-48
Signature Date Signature
Thaddeus Ryan, S.E./Managing Principal Tom Knuckey Public Works Director
Printed Name/Title Printed Name/Title
PCS STRUCTURAL SOLUTIONS,Inc.
Name of Client/Company
Docusign Envelope ID:29D8102F-9E69-493C-8201-E5262ED490C4
Matt Donleycott
From: Jared Dragovich <JDragovich@pcs-structural.com>
Sent: Thursday,August 22, 2024 12:06 PM
To: Matt Donleycott
Cc: Ted Ryan
Subject: RE: Downtown Bremerton Library
Attachments: Bremerton Boardwalk FCA pro-c rev 2024-05-01 jad.pdf
CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Hi Matt,
I apologize for the delay on this. Please see the attachment for our revised proposal and contract with your
adjustments.
As a note,we are fine with the adjustments provided for this project's contract, but if we produce significant
drawings for any future projects,we will need to leave a few of the removed items in. Not a problem this go around,
but just a thought for the future we build the City of Bremerton a state-of-the-art facility.
Let me know if you have any questions or concerns.
Thanks,
From: Matt Donleycott<Matt.Donleycott@ci.bremerton.wa.us>
Sent:Thursday,August 8, 2024 8:58 AM
To:Jared Dragovich <JDragovich@pcs-structural.com>
Subject: RE: Downtown Bremerton Library
[EXTERNAL EMAIL]
Hi Jared, I got the review from our legal back, and they were ok with the edits to the agreement. They did have
some modification to the PCS agreement. I think this is the same process we went through for the library project
recently.
Let me know if you have any questions and if you are good with the edits.
Thanks,
Matt
From:Jared Dragovich<JDragovich@pcs-structural.com>
Sent:Wednesday,July 10, 2024 7:57 AM
To: Matt Donleycott<Matt.Donleycott@ci.brernerton.wa.us>
Subject: RE: Downtown Bremerton Library
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Good Morning Matt,
1
Docusign Envelope ID:29D8102F-9E69-493C-8201-E5262ED490C4
Please see the attachment for our mark-ups on the Bremerton Boardwalk PSA. I have also attached our previously
sent proposal for your use.
Let me know if you have any questions.
Thanks,
From: Matt Donleycott<Matt.Donlevcott@ci.bremerton.wa.us>
Sent: Wednesday,July 3,2024 3:34 PM
To:Jared Dragovich <JDragovich@ocs-structural.com>
Subject: RE: Downtown Bremerton Library
[EXTERNAL EMAIL]
Thanks Jared. Have a good holiday.
Matt
om:Jared Dragovich <JDragovich@pcs-structural.com>
S t:Wednesday,July 3, 2024 3:33 PM
eof•Fsoo,
To: .tt Donleycott<Matt.Donlevcott@ci.bremerton.wa.us>
Subjec E: Downtown Bremerton Library
CAUTID • his email originated from outside of the organization. Do not click links or open a ents unless you recognize
the sender - • know the content is safe.
Hi Matt,
No worries, let me kno t; - we get closer to scanning the Bremerton - ary wall and I will come out and review the .
existing conditions.
We have not had a chance to revi- the Bremerton Boarclyvnik agreement yet, but I will be sure to get that
reviewed, marked-up and sent back ou next wee
Thanks,
From: Matt Donleycott<Matt.Donle co. 'ci.bremerto , a,us>
Sent: Monday,July 1, 2024 11:13 A
To:Jared Dragovich <JDra:ovich P . s-structural.com>
Subject: RE: Downtown Brem; •n Library
[EXTERNAL EMAIL]
Jared, sorry a delay on this one. We had a bunch of time sensitive projects come u u .at took my attention
away fro is. We will get back to this soon. Did you happen to look over the agreemen• the boardwalk
study? "o rush just wanted to check in.
Thanks,
Matt
2
Docusign Envelope ID:29D8102F-9E69-493C-8201-E5262ED490C4
Bremerton City Attorney
Contract Review Sheet
GENERAL CITY ATTORNEY TRACKING# 240334
( Date Received: 7/18/24
Contractor: PCS Structural Solutions
Purpose: Professional Services A&reement - Bremerton Boardwalk Facility Condition Ass:ssment
Contract Amount: $ NTE 4,500.00
Contract Term:
Originator/Department Contact: Matt Donleycott/Facilities Phone: 2316
Request Comments By:
RISK MANAGER REVIEW
El APPROVE C3NOT APPROVE
Reviewer initials: 7/19/24 Date: MIVF
Comments: -
Need COI&endorsements for(1)additional insured, (2)primary&non-contributory
insurance&(3)waiver of subrogation.
CITY ATTORNEY
El APPROVE ❑ NOT APPROVE El Needs to go to Council
Reviewer Initials: MRR Date: 723.24
Comments:
Approve - with changes to Consultant's terms and conditions.
ROUTED TO -
R:\LEGALtContracts\FORMS\Contract Rcview Request.dec
****Attorney—Client Communication. Not for Dissemination****
Docusign Envelope ID:29D8102F-9E69-493C-8201-E5262ED490C4
Action History (UTC-08:00)Pacific Time(US&Canada)
Submit by Hillary Hamilton 8/27/2024 11:51:58 AM (Start)
Approve by Melinda Monroe 8/27/2024 12:04:11 PM (Contracts SME:Approve/Reject)
• The task was assigned to Melinda Monroe 8/27/2024 11:52 AM
Approve by Mike Riley 8/27/2024 1:23:18 PM(Finance Review:Approve/Reject)
• The task was assigned to Mike Riley 8/27/2024 12:04 PM
Approve by Vanessa Acierto 8/28/2024 9:18:34 AM(Legal Review:Approve/Reject)
• Vanessa Acierto assigned the task to Vanessa Acierto 8/28/2024 9:17 AM
• The task was assigned to Legal 8/27/2024 1:23 PM
Docusign Envelope ID:29D8102F-9E69-493C-8201-E5262ED490C4
Contract approval submission
kI ln4/itrrovII
Submission Information
Submitter Hillary Hamilton-Hillary.Hamilton@ci.bremerton.wa.us
Submission Priority* Initial
Submission Type* New contract
Previous Contract
Contract Type* Professional services
Department* Public Works&Utility
Division* Facilities&Inventory
Company/Entity* PCS Structural Solutions
Contract/Project Bremerton Boardwalk Facility Condition Assessment
Name* Short description.Something to help identify the contract.E.g."Lower Lebo paving","Off duty agreement"
Effective Date Desired start date of contract term,may not be required.
Expiration Date Expected expire dated,may not be required.
Renewal Date 8/27/2024
The date to start reviewing if current contract should be renewed
Contract Cost* $4,500.00
Total estimated budget amount for entire contract term,including taxes.
Contract Upload* 240827_Routing Memo(006).pdf 53.62KB
Email.pdf 127.49KB
Green Sheet.pdf 149.3KB
PSA.pdf 806.43KB
Max allowed 5
Vendor Approved* Yes
No
N/A
Has the vendor approved this contract
Submission Notes Instructions or comments for reviewer
Signatures
COB Signer Name Thomas Knuckey
COB Signer Title Director of Public Works&Utilities
Docusign Envelope ID:29D8102F-9E69-493C-8201-E5262ED490C4
Vendor Signer Ted Ryan
Name* Name of signer with authority to sign the contract
Vendor Title* Managing Principal
Title of signer
Vendor Email* Tryan@pcs-structural.com
Email where DocuSign will send contract
Contract Administrator Review
Legal Signer* Mychael Raya
Contract
Administrator Upload
Legal Review
Legal Review Upload