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MACLEOD RECKORD
PLANNING & DESIGN SERVICES - MARITIME PARK
EXECUTIVE
PRO
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Insurance
Type Amount
GL $2000000.00
AL $1000000.00
Amount $80000.00
Begin Date 03/01/2002
End Date 12/31/2002 "f
Review Date 02/15/2005 . .
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Insurance Total $3000000.00 . .
Insurance Review Date 09/01/2003 - .
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Comments
ALSO OTHER PARK AREAS/UNDERGROUND TUNNEL/WATERFRONT
VAULT 01/01/2005
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MACLEOD RECKORD
PLANNING & DESIGN SERVICES - MARITIME PARK
EXECUTIVE
PRO
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Insurance
Type Amount
GL $2000000.00
AL $1000000.00
Amount
Begin Date
End Date
Review Date
Insurance Total
Insurance Review Date
Comments
ALSO OTHER PARK AREAS/UNDERGROUND TUNNEL/WATERFRONT
VAULT 01/01/2005
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$80000.00 +
03/01/2002 +
12/31/2002 +
02/15/2005 +
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$3000000.00 +
09/01/2003 +
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PROFESSIONAL SERVICES AGREEMENT
MacLeod Reckord
The City of Breraerton ("City") and MacLeod Reckord, ("Contractor"), referred to
collectively as the "P~'~ies," enter into the following Agreement for professional services:
I. Scope: The Contractor will perform services as described in Exhibit "A" to this
agreement.
II. Term: This Agreement commences on March 1, 2002 and terminates on December 31,
2002, unless another date is substituted pursuant to Sections VI. (D). or VIII.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Contractor an amount not to Exceed $40,000.00 pursuant to rates stated in Exhibit
"B" attached in the amount of $30,000.00 and Maritime Park Services shown in Exhibit "C"
attached in an estimated amount of $10,000.00.
IV. Relationship of Parties: Contractor is skilled in the matters addressed in the Scope of
Work and is performing independent functions and responsibilities within its field of expertise.
Contractor and its personnel are independent contractors and not employees of the City.
Contractor and its personnel have no authority to bind the City or to control the City's employees
and other contractors.
As an independent contractor, Contractor 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 Contractor or its personnel.
As an independent contractor, Contractor 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, B&O, 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,
fi'om any payments due Contractor.
V. Insurance and Hold Harmless: Prior to the commencement date of this Agreement,
Contractor shall provide Certificates of Insurance to the City's Risk Manager verifying the
following coverage: 1) a professional liability policy ("E&O") providing coverage of Two
Million Dollars ($2,000,000.00) for errors and omissions committed by Contractor while
performing its obligations under this Agreement, and 2) a comprehensive general liability
("CGL") policy providing coverage of at least $500,000 per occurrence and including bodily
injury and property damage. The CGL shall name the City as an additional insured. Both policies
shall remain in full force and effect, and provide coverage for the full term of this Agreement.
Insurer shall provide the Risk Manager with 30 days' written notice of any cancellation or
change of coverage of either policy.
MacLeod Reckord
Professional Services Agreement
Page 1 of 3
Contractor shall be solely responsible for the acts and failures to act of its personnel,
which arise in any way out of performance of this Agreement. Contractor agrees to defend,
indemnify, and hold harmless the City and its officials and employees from and against all
liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions,
claims, and lawsuits arising or alleged to have arisen, in whole or in part, out of or in
consequence of the acts or failures to act of Contractor, its employees, its subcontractors, its
agents, or its assigns in the performance of this Agreement. The City and Contractor have
specifically negotiated Contractor's waiver of its immunity under Title 51 RCW, which is hereby
waived for purposes of Contractor's indemnification and hold harmless of the City, including the
duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is
judicially found to arise solely from the acts or failures to act of the City.
VI. General Conditions:
A. Re~orts and Information: When requested by the City, Contractor shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and
documents shall be furnished in the time and form requested. Contractor shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Entire A~reement: 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.
C. Severabilitv: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full fome and effect.
D. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
E. Notices: Notices shall be in writing and delivered to the following addresses:
City Address Contractor Address
City of Bremerton MacLeod Reckord
239 Fourth Street 231 Summit Ave. East
Bremerton, WA. 98337 Seattle, WA. 98102
F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other fight or power.
G. Compliance with Laws: Contractor shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
MacLeod Reckord
Professional Services Agreement
Page 2 of 3
H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
I. Attorneys' Fees: The substantially prevailing Party in any litigation arising out of this
Agreement shall be entitled to its reasonable attorneys' fees and court costs.
VII. Nondiscrimination: Contractor shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, or disability,
except for employment actions based on bona fide occupational qualification.
VIII. Termination: This Agreement may be terminated, at will, by the City upon 30 days'
notice to the Contractor. The City may immediately terminate this Agreement for cause if the
Contractor substantially fails to perform and does not commence correction of the failure of
performance within five days of the City's sending notice to the Contractor. Upon termination
the City will be entitled to reports showing the status and/or all work products, independent of
their stage of completion or preparation format.
MacLeod Reckord J
Teiry R&kord ~aat~
Cary Bozeman, Mayor Date
Approved as to form:
Roger Lubovich, City Attorney
Received for Filing:
MacLeod Reckord
Professional Services Agreement
Page 3 of 3
EXHIBIT A
BREMERTON PLANNING SERVICES
The Master Planning process will focus on a number of specific urban design, park planning,
circulation and security issues. Goals and objectives have been identified and expressed in a
variety of forums and planning documents, and specific properties/ROWs identified for
improvements. Thee following series of sequential planning tasks will draw from, and be
coordinated with relevant plans of the City, PSNS, Kitsap Transit and other relevant agencies
and interest groups and be concurrent with a Strategic Visioning process.
These tasks are intended to result in documents/products as follows:
1. (Overall) Downtown Concept plan
A refinement/extension of the Downtown Bremerton Implementation Plan (Calthorpe
Associates 2001).
· (Illustrated) Concept Plan for the following geographic areas of interest:
1. Park/public areas south of First Street and west of the Ferry Terminal
(Maritime Park);
2. Park areas west of Pacific Avenue between Burwell and First Street (PSNS);
3. An underground (ferry egress) tunnel from Transportation Center to Bum4:ll
Street;
4.Waterfront area north of the Ferry Terminal extending to 6th Street; and
5. A corridor extending north from 6th Street to Evergreen Park, across Warren
Avenue Bridge, south to East Park and across the Manette Bridge to
Washington.
· A series of Visioning/Strategic Planning recommendations designed to advance
the planning/public process.
2. Preliminary Master Piannin~
Advance the planning for areas 1, 2 and 3 above.
Final Master Planning Design (future) of selected elements will follow based upon results
of 1. and 2. above:
3. M ster Plannin
Final master planning of elements 1. through 4. above, including more detailed
analysis, estimating, etc.
· Final (Illustrated) Master Plan(s);
· Budget-level cost estimates;
· Prioritization / phasing recommendations
· Documentation.
BREMERTON PLANNING SERVICES
MacLeod Reckord Page I of 3
Final design through implementation on selected elements will follow (2., above) as
circumstances and funding allow, including:
· SEPA Documentation;
· Final design and documentation;
· Permits (application support);
· Bidding and Construction Support.
WORK PLAN ELEMENTS (Steps 1 and 2)
1. CONCEPT PLAN:
Task 1. Project Initiation
Initiate the master planning process. Finalize details of the project scope, goals,
scheduling and task products. Identify existing/new issues and strategies for
stakeholder inclusion and public process.
Products:
1. Project scope, initial schedule;
2. Identified issues, planning documentation;
3. Initial strategic recommendations;
4. Team, staff meetings, administration.
Task 2. Existing Conditions, Opportunities and Constraints
Identify and document (in a preliminary way) existing conditions which will
influence planning decisions and which will form the basis for future, more detailed
analysis during the design process.
products:
1. Existing conditions/context mapping;
2. Documentation;
3. Team, staff meetings, administration.
Task 3. Initial / Preliminary Concept Diagrams
Combine relevant design factors and conditions into a series/variety of potential plan
alternatives for further study and team/staff review. Begin to suggest appropriate plan
components, design vernacular and issues requiring more detailed analysis/study.
BREMERTON PLANNING SERVICES
MacLeod Reckord Page 2 of 3
Products:
1. Planning/concept diagrams;
2. Alternative concept sketches (team design 'charrette');
Strategic planning recommendations;
4. Team, staffmeetings, administration.
Task 4. Concept Plan
Develop a Concept Plan that focuses on further defining the feasibility, character and
extent of previously diagrammed components. Continue to evaluate the emergent
plan in the context of current and on-going planning efforts among various relevant
stakeholders. Planning will include production of illustrative (rendered) graphic
documentation/plans, budget level cost estimates, recommendations for issues/areas
of more detailed focus and analysis, and suggestions/strategies for eventual public
participation.
Products:
1. Final (illustrated) Concept Plan;
2. Illustrative sketches;
$. Budget-level cost estimate(s);
4. Final strategic planning recommendations;
5. Participation in appropriate public/staff review process;
6. Team, staff meetings, administration.
2. PRELIMINARY MASTER PLANNING:
Task S. Preliminary Master Plan(s)
Evaluate, through the consultant team, the existing conditions, opportunities and
constraints (architectural, traffic engineering, regulatory/permitting, etc.) in a more
detailed analysis.
Refine the site planning and estimating for areas 1., 2. and 3. described above based
upon thorough analysis and evaluation of alternative concepts.
Develop Preliminary Master Plan(s), including illustrative graphics, cost estimates,
recommendations for phasing/prioritization, etc. Circulate for staff/public review.
Products:
1. Detailed Preliminary Master Plan(s) for three sites;
2. Illustrative/presentation graphics including preliminary site design, material
recommendations, etc.
3. Refined cost estimate(s);
4. Phasing/implementation recommendations;
5. Participation in staff, public review process;
6. Team, staff meetings, administration.
BREMERTON PLANNING SERVICES
MacLeod Reckord Page 3 of 3
MacLeod Reckord
Bremerton Planning Services
April 2002
FEE DERIVATION
PR SR LA DR C Subtotal
Following is an estimate of, man-hours by task,
rates and resultant fees:
TASK I. PROJECT INITIATION
1.01 Final Work Plan, Schedule
1
Includes team/staff communications,
draft schedules, coordination, etc.
1.02 Data Collection / Background
1.03 Team Meetings, coordination 3
1.05 Owner Meetings, Stakeholder Input, etc. 3
1.06 Project Administration I 2 2
Subtotal hours: 7 3 2
Rate: 115.00 85.00 70.00 65.00 45.00
Subtotal fee: 805.00 255.00 90.00 1,150
TASK 2. EXISTING CONDITIONS / ANALYSIS
2.01 Previous Plans, Comprehensive Plan, I 2
concurrent planning, etc.
2.02 Security Criteria (PSNS) 1 1
2.03 Program Development 1 2
2.04 Team Coordination 1
2.05 Owner / Staff Meetings 2 1
2.06 Project Administration 1 2
Subtotal hours: 5 8 2
Rate: 115.00 85.00 70.00 65.00 45.00
Subtotal fee: 575.00 680.00 99.00 1,345
TASK 3. PRELIMINARY (ALTERNATIVE) CONCEPTS
3.01 Program Review, Finalization 1
3.02 Site Visits
1
3.03 Alternative Plan Concepts 16 12 4 4
diagrams, illustrations
3.04 Comparative Evaluation, Prioritizations 1 1
3.05 Team Meetings, Coordination
2
3.06 Owner / Staff Meetings 3
3.07 Project Adminis~ation 1 1 2
Subtotal hours: 22 17 4 4 2
Rate: 115.00 85.00 70.00 65.00 45.00
Subtotal fee: 2,530.00 1,445.00 280.00 260.00 90.00 4,605
PR: Principal,. SR.- Project Manager,. DR.- Design Staff,- C: Clerical I of 2
MacLeod Reckord
Bremerton Planning Services
April 2002
FEE DERIVATION
PR SR LA DR C S,btotal
TASK 4. CONCEPT PLAN
4.01 Final Planning 3 3 2
4.02 Team Meetings, Coordination
4.03 Presentation Plan 2 2 4
illustrations, sketches, etc.
4.04 Cost Estimating 1 3 3 1
4.05 Owner/StaffMeeting (s) 2
4.06 Public Meeting / Presentation (1) 3 3
4.07 Project Administration I I 3
Subtotal hours: 12 12 6 3 4
Rate: 115.00 85.00 70.00 65.00 45.00
Subtotal fee: 1,380.00 1,020.00 420.00 I95.00 180.00 3A95
Task 1 through 4 SUBTOTAL: 10~295
TASK 5. PRELIMINARY MASTER PLANNING
5.01 Final Programrmng 2 2 1
5.02 Data Collection, misc. 1 4
5.03 Preliminary Planning 20 26 4 2
5.04 Cost Estnnates 1 4 4 2
5.05 Recommendations, Prioritizations 2 2
5.06 Team Meetings, coordination 2 4
5.07 Owner/StaffMeetmgs 3 6
5.08 Public Meetings (1) 4 4 4
illustrations, sketches, etc.
5.09 Project Administration 1 2 3
Subtotal hours: 35 51 4 14 6
Rate: 115.00 85.00 70.00 65.00 45.00
Subtotal fee: 4,025.00 4,335.00 280.00 910.00 270.00 9,820
Task 5 SUBTOTAL: 9,820
Direct Expenses: 260
Administration: 875
MacLeod Reckord Fees: 20,115
Subconsultant Fees: 8,750
TOTAL FEES: $ 30,000
PR: Princt~al; SR: Project Manager; DR: Design Staff; C: Clerical 2 of 2
EXHIBIT "C"
MARITIME PARK
Preliminary Scope 5/02
Following are the probable necessary pre-design, design and construction steps to implement
Maritime Park. These are based upon current preliminary knowledge, and are likely to change/be
refined over time.,It is assumed that the site will be "clean" (cleared, demolished and haz-mat
free) upon transfer to the City.
PRE-DESIGN/INITIAL STUDIES
Site Survey
Topography, site features, utilities, boundary points, setbacks, etc.
Utility Analysis
Sewer assessment, fire flow, H20, storm drainage, etc.
Geotechnical Analysis
Test borings, beating capacities, etc.
Environmental Studies
Shoreline
CONCEPT PLANNING (underway)
Programming
Concept Studies/preliminary planning
MASTER PLANNING
Program Refinement
Alternative(s) Analysis/Evaluation
Master Planning
Illustrations, documentation, costing, phasing recommendations, etc.
Grant Application Assistance
ENVIRONMENTAL/PERMITTING
SEPA
EA, Checklist
WDFW HPA
WADOE/Shoreline
Site Development (local)
Grading, building, drainage, etc.
Other
IMPACT MITIGATION DESIGN
PUBLIC INVOLVEMENT PROCESS
Public Notification, Press, mailings, etc.
Stakeholders Meetings
Agency Coordination
W '
orkshops / Community Meetings / Open House(s)
Boards/Committees
Parks, etc.
Public Hearings (Council, SEPA, etc.)
PROJECT DESIGN
Schematic Design
Program finalization
Schematic layout/design
Illustration/Documentations
Preliminary cost estimates
Agency coordination, staff review, etc.
Design Development
Refined design, layout
Material evaluation, preliminary detailing
Documentation, costs, etc.
Agency coordination, staff review, etc.
Construction Documents
Final Plans
Specifications/bid documents
Final estimates
Agency/staff coordination
PROJECT BIDDING/CONTRACTING
Pre-Bid Conference
Bid Evaluation/Recommendations
Contract Award/Notice to Proceed
CONSTRUCTION SUPPORT
Construction Management/Support
Testing
Inspection/Acceptance
Final Documentation
The following professional disciplines will likely be necessary participants on the Design Team:
Landscape Architecture (TEAM LEAD)
Team management, project design, coordination
Surveyors*
Geotechnical Engineers*
Environmex~tal Scientists/Permitters
Architects
Engineers
Civil
Structural
Electrical
Mechanical
Traffic Engineers
*may be contracted independently by City