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HomeMy WebLinkAbout4388 +--------------------------------------------------------------------------+ fEnter Search Criteria, Press Esc Key to Transmit =fPress Del Key to Terminate Delete Mode CHANGE Contract Transactions Contract Number 4388 f f f f +--------------------------------------------------------------------------+ ;= fvendor Name fSubject fDepartment fStatus Code f f f f f ,,= f f + Comments THE BERGER PARTNERSHIP LANDSCAPE DESIGN - FIRE ECON DEV PRO HEADQUARTERS -.- + f $17900.00 ..L.: 09/16/2003 12/31/2004 02/15/2007 Insurance Type Amount GL $2000000.00 AL $1000000.00 E&O $1000000.00 Amount Begin Date End Date Review Date Insurance Total Insurance Review Date + =f + $4000000.00 -- 10/01/2004 VAULT 01/01/2007 PROFESSIONAL SERVICES AGREEMENT The Berger Partnership, P.S. The City of Bremerton ("City") and The Berger Partnership, P.S. ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: L Scope: The Consultant agrees to perform the services more specifically described in the Scepe of Work, dated August 20, 2003 including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Wurk 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. H. 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 follows: Comnlete by Schematic Design Phase 09/15/03 Design Development Phase 10/15/03 Construction Documents Phase 12/15/03 Bidding Phase 01/30/04 Construction Phase 02/15/04 (commence) Construction Completion Phase 12/31/04 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. Ill. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $17,900.00. Reimbursable expenses will be billed in addition to the above fees and shall not exceed $300.00. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit A 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 Fee Schedule. Upon receipt of a conforming billing statement, and approval of the Department of Economic Development, 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 A. BremertordThe Berger Partnership, P.S. Headquarters Fire Station Page 1 of 7 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 A, 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 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: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless fi.om 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 ofindenmification. Should a court of competent jurisdiction determine that 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 Bremerton/The Berger Partnership, P.S. Headquarters Fire Station Page 2 of 7 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 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, mb-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 employer's liability; and 3. Excess Liabilltv insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. 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 a~ an additional insured shall be attached to the Certificate of Insuranee. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City fu~her reserves the right to reject any unacceptable policies and/or endorsements. Bremerton/The Berger Partnership, P.S. Headquarters Fire Station Page 3 of 7 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 insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. 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. 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 fi.om 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 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 soiF~vare 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 oftbe City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Consultant to Maintain Records to Support.Independent Consultant Status: On the effective date of this Agreement (or shortly thereafter), Consultant shall: I. File a schedule of expenses with the Internal Revenue Service for the type of business Consultant conducts; Bremerton/The Berger Partnership, P.S. Headquarters Fire Station Page 4 of 7 Establish an account with the Washington State Department of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to receive a unified business identifier number from the State of Washington; and 3. Maintain a separate set of books and records that reflect all items of income and expenses of Consultant's business, all as described in the Revised Code of Washington (RCW) Section 51.08.195, as required to show that the services performed by Consultant under this Agreement shall not give rise to an employer- employee relationship between the parties which is subject to RCW Title 51, Industrial Insurance. 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. Plac~ of Work: The Consultant shall perform the work anthorized 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. Sever~bility: 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 regardin8 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. City Address Consultant Address Kathleen McCluskey The Berger Partnership P.S. 239 Fourth Street 1721 Eighth Ave. North Bremerton, Wa. 98337 Seattle, Wa. 98109 Bremerton/The Berger Partnership, P.S. Headquarters Fire Station Page 5 of 7 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 Contractor without the written consent of the City shall be void. VIII. Nondlserlmination: Consultant 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. IX. Termination: This Agreement may be terminated, at will, by either Party upon sixty (60) days notice to the other Party. 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. Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work 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 completion of the work, the City may summarily terminate this A~reement. Termination shall be effective ten calendar days after Consultant's receipt of the written notice by certified mail. 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 Bremerton/The Berger Partnership, P.S. Headqum-ters Fire Station Page 6 of 7 beyond the control and without the fauh 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. ARer 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. City ofBremerton ~ ~ The Berger Partnership, P.S. its: Mayor Date: Date: llJ.//~ '~1 Approved as to form: Attem: Bremerton City Attorney City'Clerk Bremerton/The Berger Partnership, P.S. Headquarters Fire Station Page 7 of 7 t~r~SC~r~ THE BERGER PARTNERSHIP, P.S. ARCHITECTURE SITE PLANNING August 20, 200'3 1721 Eighth Ave. N. Seattle, WA 98109 (206) 325-6877 Kathleen L McCluskey, Fax (206) 323-6867 Administrative Services Director City of Bremerton 239 Fourth Street Bremerton, Washington 98337 Dear Ms McCluskey: I enjoyed talking with yuu last week and look forward to working on the landscape development of The Bremerton Fire Station. This letter outlines our proposed landscape architectural services, with each phase of service described and a corresponding fee estimate assigned. SCHEMATIC DESIGN During schematic design we will perform the following tasks: · Review the site planning efforts to date and related Municipal Code sections. · Prepare a concept plan for pedestrian hardscape and landscape areas. · Paricipate in a presentation of the design work to the City. · Provide one cost estimate for our design work. · Participate in design team meetings · Provide Project Administration. DESIGN DEVELOPMENT Upon approval of the schematic plan and preliminary estimate of probable ~ru~a~ construction costs, we will prepare Design Development documents. Tasks for this ~0mas B~e~ phase include: Steven P Shea Jeff Glrvtn · Select materials and finishes for pedestrian hardscape areas and refine design. Scott woodcock · Select plant materials and refine layout. Greg Brower · Provide One (1) update of our cost estimate Misty Pbtlbtn Jason Henry Jonathan Morley Guy Michaelsen August 20, 2003 Kathleen McCluskey Proposal for Landscape Architectural Services Page 2 · Provide review of landscape grading. · Participate in design team meetings · Provide Project Administration. · Add notes and calculations to landscape plans for permit submittal. CONSTRUCTION DOCUMENTS Upon your approval of the design development plans and estimate of probable construction costs, we will prepare construction documents for your project Tasks for this phase incude: · Prepare planting plans, plant schedules, and details · Prepare irrigation plans and details · Prepare final specification sections 02810, Irrigation, and 02900, Planting · Provide final update of cost estimate · Provide review of landscape grading, concrete layout, and finishes · Participate in design team meetings BID ADMINISTRATION We will answer bidder questions and provide addenda. CONSTRUCTION ADMINISTRATION We will provide construction administration services while the project is being constructed. The purpose is to check that the contractor's work is consistent with the construction documents and the design intent. Our services will include · Review of the contractor's submittals of documents and samples · Visit the site to observe the progress of the work · Prepare construction observation reports noting progress as well as aspects of work requiring correction · Three O) site visits will be made during the landscape construction phase. Additional trips, if needed, will be upon your approval and will be billed on an hourly basis. ASSUMPTIONS · Base drawings will be provided in AutoCAD format. · Format for specifications will be provided by the City. · Deliverables for all phase will be provided to Rice Fergus Miller Architects for publications and/or submittal. August 20, 2003 Kathleen McCluskey Proposal for Landscape Architectural Services Page 3 · This proposal includes preparation of plans for permit submittal and 4 hours of permit administration. Time for administration and revisions to plans beyond this amount will be an extra service. City approval will be obtained prior to proceeding. · One presentation to the City is included. Additional presentations will be provided as an extra service. FEES Based on the scope of services identified at this time, we have established a fee for landscape architectural services as follows: Schematic Design 3,000 Design Development 4,200 Construction Documents 8,700 Bid Administration 400 Construction Administration 1,600 TOTAL $17,900 Fees will be billed monthly based upon the percentage of work completed. Services beyond those noted in this proposal will be billed as additional services on an hourly basis as follows, or lump sum fees can be negotiated: Senior Principal $155.00 per hour Principal $130.00 per hour Project Manager $65.00 per hour Associate Project Manager $60.00 per hour Technical Staff $55.00 per hour Administrative Staff $35.00 per hour Printing, reprographic expenses, CAD plots, film, travel costs, and other reimbursable expenses will be billed in addition to the above fees. All accounts are due in ten days. Invoices not paid within 30 days of invoice date will be subject to late charges of 1% per month. If payment for services is not received within 90 days of the invoice date, all subsequent services and/or issuance of documents may be postponed until receipt of payment, unless special arrangements are made prior to providing the Services. Fees may be subject to renegotiation if the proposal is not accepted within 90 days. If the duration of the contract exceeds one year, hourly rates may be subject to annual adjustments at the anniversary date of the contract. August 20, 2003 Kathleen McCluskey Proposal for Landscape Architectural Services Page 4 REVISIONS AND ADDITIONS TO PROPOSAL Once the schematic plan is approved, any substantive revision to the drawings resulting from owner/client directed changes (including program changes, scope of work changes, modifications to existing documents, construction and/or site and conditions change and adjustments to time frames) will be billed as an extra service. Billing will be hourly, unless a guaranteed maximum fee is requested for the revision. Written confirmation of the change/revision will be sent as an amendment to this contract. Revision work started at the direction of the owner/client, then subsequently terminated, will be billed as extra services through date of stop-work notification. CONSULTANTS For this project we will be using an irrigation designer, as we do not design irrigation systems in-house. Our irrigation designer is Dragonfly Irrigation and their services have been included in this proposal. August 20, 2003 Kathleen McCluskey Proposal for Landscape Architectural Services Page 5 If this proposal meets with your approval, please sign one of the copies and return it to our office. If you have questions, would like more information, or wish to make any modifications, please do not hesitate to contact us. We look forward to working with you on the Bremerton Fire Station. Work will be scheduled upon our receipt of the signed proposal. Sincerely, THE BERGER PARTNERSHIP, P.S. APPROVED: Date Enclosed: 1 retum copy THE BERGER PARTNERSHIP, P.S.