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Contract Number 4185
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HAFF ENGINEERING & MANAGEMENT SERVICES
PORT BLAKELY TRANSPORTATION CORRIDOR - PHASE I
ENGINEERING
PRO
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Insurance
Type Amount
GL $2000000.00
Amount
Begin Date
End Date
Review Date
$9000.00
05/11/2001 ,.
12/31/2002 ,..
02/15/2005 ,..
..l:
Insurance Total
Insurance Review Date
$2000000.00 T
02/01/2005 ,..
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Comments
VAULT 01/01/2005
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Contract Number
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4185
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HAFF ENGINEERING & MANAGEMENT SERVICES
PORT BLAKELY TRANSPORTATION CORRIDOR - PHASE I
ENGINEERING
PRO
t
Insurance
Type Amount
GL $2000000.00
Amount
Begin Date
End Date
Review Date
$9000.00
05/11/2001
12/31/2002
02/15/2005
'"
of
of
Insurance Total
Insurance Review Date
$2000000.00
02/01/2005
Comments
VAULT 01/01/2005
T
of
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PROFESSIONAL SERVICES AGREEMENT
Haft Engineering & Management Services
THIS AGREEMENT is between the City ofBremerton, a municipal corporation (hereinafter
referred to as "City" and "Owner") and HAFF ENGINEERING & MANAGEMENT SERVICES, a
Sole Proprietorship (hereinafter referred to as "Consultant").
WITNESSETH:
1. SCOPE: Consultant agrees to provide engineering services for the Port Blakely
Transportation Corridor Phase One Work as further described in the Scope of Work attached hereto
and incorporated herein by this reference as Exhibit "A".
2. TERM: Contract shall commence on the date of this agreement and will terminate on
December 31, 2002, unless otherwise extended by the City.
3. COMPENSATION: City shall pay Consultant compensation as follows:
Total fees under this Agreement shall not exceed nine thousand dollars ($9,000.00). Charges
for services shall conform to the fee schedule attached hereto and incorporated herein as Exhibit "A".
Consultant shall submit regular statements describing the services rendered with a breakdown
for work completed as authorized under this Agreement. The City, upon receipt of the completed
statement, shall promptly process said claim for payment.
Additional services which may be requested by the City will be paid for by the City at the
rates set forth in Exhibit A, which sum may exceed the "not to exceed" mount set forth above.
However, said services will only be performed, and compensated by the City at~er the City has
directed such performance in writing and the additional work has been accepted in writing by the
Consultant.
4. RELATIONSHIP OF PARTIES: The parties understand and agree that Consultant is a
firm skilled in matters pertaining to Civil Engineering and will perform independent functions and
responsibilities in the area of its particular field of expertise. Consultant and its personnel shall act as
independent contractors and not employees of the City. As such they have no authority to bind either
the City or control employees of the City, contractors, or other entities. Within the performance of
these duties, Consultant shall work under the direction of the Director of Public Works & Utilities.
5. INDUSTRIAL INSURANCE: Consultant agrees to provide for State industrial
insurance coverage for its personnel as required by State law.
6. LICENSE AND TAXES: Consultant shall possess a current Bremerton Business License
and any regulatory license required to fulfill Consultant's obligations under this Agreement. B & O
taxes shall be paid when due and Consultant, by this Agreement, assigns any payments due under this
PROFESSIONAL SERVICES AGREEMENT -1-
[ ARAMETRIX. PSA 3/1/01
Agreement to the City Clerk for payment of such taxes that have been declared delinquent.
7. INSURANCE AND HOLD HARMLESS: Consultant shall provide ±nsurance of
$1,000,000 per claim comprehensive general liability insurance, including bodily injury and property
damage, of at least $1,000,000 per occurrence. The City shall be named an additional insured on the
comprehensive general liability insurance policy.
Consultant shall, at all times, be responsible for the negligent or wrongful acts or failures to
act of its personnel which occur or arise in any way out of the performance of this agreement.
Consultant agrees to defend and indemnify and hold harmless the City, its appointed and elected
officers and employees, from and against any and all liability, loss, costs, damage, and expense,
including costs and attorney fees in defense thereof, because of actions, claims or lawsuits for
damages resulting from personal or bodily injury, including death at any time resulting therefrom,
sustained by any person or persons, and on account of damage to property, to the extent arising out
of the negligent performance of this Agreement, if such injuries to persons or damage to property is
due to the negligence of the Consultant, its subcontractors, its agents or assigns. This provision shall
be inapplicable to the extent such damage or injury is judicially found to be caused by the negligence
of the City.
The parties have specifically negotiated to provide that Consultant defend, hold harmless, and
indemnify the City for all claims, damages, and losses, including attorneys fees, arising from any
claims of Consultant's employees for injuries covered by Title 51 RCW, and for which Consultant
could not be held directly liable.
8. GENERAL CONDITIONS:
a. Reports and Information - Consultant, at such times and in such forms as the City may
require, shall furnish the City such reasonable periodic reports and documents as it may request
pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations
incurred or to be incurred in connection therewith, and any other matters covered by this Agreement.
Consultant will maintain accounting records in accordance with generally accepted accounting
principles and practices to substantiate all invoiced amounts.
b. Entire Agreement - This Agreement constitutes the entire agreement between the parties
and both parties acknowledge that there are no other agreements, written or oral, that have not been
fully set forth in the text of this Agreement. There are attached hereto and incorporated by reference
as part of this Agreement Exhibit "A".
c. Amendments - The parties hereby further agree that this Agreement cannot be amended or
modified without the written concurrence of both parties.
d Notices - Any notices required to be given by the City to Consultant or by Consultant to
the City shall be in writing and delivered to the parties at the following addresses:
PROFESSIONAL SERVICES AGREEMENT -2-
PAR?k~4E TR I X. PSA 3/1/01
City Clerk Louis Haft
239 Fourth St. 4545 329t~ PI SE
Bremerton, WA 98337 Fall City WA 98024
e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of
this Agreement shail not be deemed a waiver of such, nor shall any waiver or relinquishment of such
right or power at any time be taken to be a waiver of any other breach.
£ Compliance with State, Local and Federal Laws - Consultant agrees to comply with all
applicable local, state and federai laws in performance of all services under this Agreement.
g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance
with the laws of the State of Washington and, in the event of dispute, the venue of any action brought
hereunder shail be in Kitsap County Superior Court.
h. Attorney Fees - The substantiaily prevailing party in any litigation arising hereunder shail
be entitled to its reasonable attorney's fees and court costs, including appeals, if any.
9. NONDISCRIMINATION: Consultant shail not discriminate in employment or services
to the public on the basis of race, color, nationai origin, sex, religion, age, maritai status or disability,
except employment actions based on a bona fide occupational qualification.
10. TERMINATION: This Agreement may be terminated by either party for convenience
upon thirty (30) days' written notice to the other party, or for cause if either party fails substantially to
perform through no fault of the other and does not commence correction within five (5) days of
written notice and diligently completes the correction thereafter. Upon such termination, City will be
entitled to reports showing the status of ail matters upon which Consultant is advising the City as of
the effective date of termination.
11. STANDARD OFPERFORMANCE: The standard of care for ail professionai
engineering and related services performed or furnished by Consultant under this Agreement will be
the care and skill ordinarily used by members of Consultant's profession practicing under the same or
similar circumstances at the same time and in the same locality.
12. CONSTRUCTION PROCEDURES: not applicable (noconstructionproceduresare
directly associated with thisprojecO.
13. RE-USE OF DOCUMENTS: All documents, including ail 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 property of the City.
The format for documents and work products shail be as specified in the exhibits.
14. HAZARDOUS MATERIALS: not applicable (there are no construction projects or
PROFESSIONAL SERVICES AGREEMENT -3-
PARAMETRIX. PSA 3/1/01
subs~trface exactions associated with this prqject).
IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year
indicated.
HAFF ENGINEERING & MANAGEMENT
SERVICES. ·
CITY OF BREMERTON
LYNN S. HORTON, Mayor
DE~ AP~PROVAL:
W. Eugene Sa~irector of Public Works & Utilities
APPROVED AS TO FORM:
City Attorney
RECEIVED FOR FILING:
PROFESSIONAL SERVICES AGREEMENT -4-
PARAHET~ IX. PSA 3/1/01
Exhibit A
PROFESSIONAL SERVICES AGREEMENT
PORT BLAKELY PLANNING AREA - TRANSPORTATION
CORRIDOR
ALTERNATIVES FEASIBILITY ANALYSIS
PROJECT FACILITATOR
Scope of Work& Fee Schedule
Introduction
This alternatives feasibility analysis project is intended to be the first of many subsequent
tasks in a much larger transportation project that ultimately will, if the partners so chose,
conclude in environmental documentation, design, right of way acquisition and
construction of an arterial corridor serving the development currently known as "Port
Blakely Planning Area" on the west edge of the City of Bremerton.
Alternatives Feasibility Analysis, is necessary to support the planning process required to
determine practical access potential as well as economic feasibility of the master
development and to determine relative merits and impacts of alternative routes for the
north and southerly approaches to the master development.
Alternatives Feasibility Analysis will be accomplished at an advanced conceptual level
supported by reconnaissance level field analysis whose outcomes shall be used as a
contribution to, but not the entirety of, the transportation technical report of the master
development environmental analysis. It shall be done in sufficient detail that it will be
acceptable as the first building block of appropriate environmental documentation done at
a later date. The final report constituting the "Alternatives Analysis" shall be made in
written and presentation form to the Executive Committee of the Partnership comprised
of the City ofBremerton, Kitsap County and Port Blakely Communities.
The Alternatives Analysis shall be done by a competent consulting firm (prime
consultant) selected and managed by the City of Bremerton Public Works Director with
the approval of the Executive Committee.
The Scope of Work included in this Professional Services Contract is that of"Project
Facilitator" which is to say those items of work necessary to recruit, review, select and
engage by contract a prime consultant for the full list of technical tasks assigned to
complete the project as defined above.
The objective, approach, and work task deliverables for the scope of this contract for the
Project Facilitator are summarized below.
Objective: To draf~ a scope of work that can be compiled with City of Bremerton
requirements to publish a "Request for Proposals" that will be published as determined
by the City for the purpose of recrniting, reviewing, selecting and engaging by contract a
HAFF CONTRACT SCOPE 1 4/25/01
prime consultant for the full list of technical tasks assigned to complete the project as
defined above.
Approach: The Project"Facilitator" shallwork at the pleasure ofthe City Public Works
Director or his designee and shall report to the City Engineer for daily work
responsibilities. The Facilitator work shall include primary project tasks as identified
below.
Primary Project Tasks:
& Manasement Services COB = City)
TASK D~SCRIFrlOI~ DURATION WHO HAFF
ESTIMATED
HOURS OF
WORK
1 Corridor Alternatives Analysis
a Hire consultant to draft scope and facilitate 1 week COB 0
project
b Consultant drafts scope of alternatives 1 week LH 15
analysis project
c Consult and COB review and edit draft scope 2 weeks LH & 7
adding COB beilerplate specs for RFP. COB
d Consult and COB present final RFP to First avail LH & 7
Executive Conum~ and request approval to ming. COB
issue RFP
e Conidor Alternatives Analysis RFP on ad. (2 ASAP COB 3
week ad.) thereafter
f Consult and COB open submittals, review and 1 week LH & 7
rate selecting top three firms for presentation COB
and selection process
g Consult and COB interview top three using a 2 weeks LH & 7
committee with representation of all partners. COB et
h COB selects firm and offers a contract 1 week COB 1
i Consult and COB negotiate contract and 2 weeks LH & 3
present to Exec. Committee requesting COB
authority to execute.
j Contract execution and notice to begin work 1 week COB 1
k Prime & sub consultants bela, ins work. Ma), 1/01 ?
1 Begin development of project financial plan LH &
(on-going) COB
Includes ~rant prelmmtion
m i Alternatives contract monitoring & advising LH & 10
to COB COB
n Final alternatives ~port to PAC LH & 7
COB
o Final alternatives report to EXEC LH & , 7
COB
p Other tasks mutually agreed in writing to be ? LH & ?
I performed COB
HAFF TOTAL HOURS = 75
HAFF CONTRACT SCOPE 2 4/25/01
It is the intention of this scope to do as much of this work as possible from the
Facilitator's office in Fall City. The hours estimated at 7 indicate tasks that are forecast
will require a trip to Bremerton.
Ci~ Responsibilities:
Suppor~ RaffEngineefing & Management Services as indicated above with review,
comment, City requirements and direction to complete each task.
· Assist with meeting scheduling, facilitation and presentations.
· Perform all Project Manager responsibilities for the project.
Deliverables:
The Consultant will deliver the following services with products in digital form in
Microsoft Word format:
Deliverable Corresponding Description
Task
1 b Draft scope and RFP for Prnne consultant contract
2 c Review b with COB incorpomtin§ City boilerplate and conducting edits
3 d Prepare presentation materials for Project Advisory Commfltec review
of item #2 and, following, review by the Executive Committee.
Incorporate edits and direction from it.
4 d Provide final draft RFP and scope to COB for advertisement.
5 e Respond, if requested, to questions from prospective prime consultants
during ad period.
6 f Review proposals by prospective prime consultants. Independently rate
same and recommend alternative methods for COB to review, rate and
select.
7 g Assist COB formal review/selection process (probably including a
comnuttee). Assist in final selection as requested by COB
8 i Draft Prime consultant scope for review by COB. Recommend contract
format if COB requests
9 j Assist in conUact execution if requested by COB
10 I Dm,et project financial plan for review and use by COB
11 m Monitor altx~anfive feasibility prime work and advise COB as necessary
12 N & O Review final prime consultant report and advise city appropriately
13 p Other tasks mutually agreed in writing
FEE PROPOSAL
I proposed the following fee structure for the above services:
I understand that this fee is full and complete compensation for all services I might
provide under the terms of this project. If this contract extends beyond 24 months I have
the fight to negotiate a fee increase equal to the regional COLA used by municipal
agencies.
HAFF CONTRACT SCOPE 3 4/25/01
My fee for the above services is offered as follows:
1. $90/hour for all hours working on this project.
2. Reimbursement for actual costs of parking fees and ferry fees
3. Overhead costs of 15% times item 1 & 2.
4. total monthly fee = (1+2)x1.15.
ESTIMATE OF COST
SERVICES ESTIMATE RATE EXTENSION
Hourly work 75 90 6750.00
Unanticipated work 10 90 900.00
requests
Parking and ferry fees 6 trips 30 180.00
Sub-total 7830.00
Overhead (15%) 1174.50
TOTAL ESTIMATED 9004.50
COST=
This estimate is included acknowledging the risk in suggesting that anyone knows for
certain what evolutions will influence the project once it gets going. The City will pay
for deviations from estimated projections made in this exhibit, when done so at the
request of the client.
HAFF CONTRACT SCOPE 4 4/25/01