HomeMy WebLinkAbout4402
Vendor
Subject
Department
Status Code
Amount
Begin Date
End Date
Review Date
Insurance
Comments
Contract Number
4402
PARAMETRIX INC
Missouri Gate Construction Support - SR304 TIP
Engineering
PRO File Class LEG 12-1
$56654.07
11/17/2003
09/30/2004
02/15/2007
GL $
AL $
E&O $
Insurance Total $
Insurance Review Date
Supplemental #1 - 6/04
Termination w/completion of construction
Vault 01/01/2007
SUPPLEMENTAL AGREEMENT NO. 1
Addition to Scope of Work and Budget
Project No. 1055
Agency City of Bremerton
Name of Project SR 304 T.I.P.; The Missouri Gate Phase
Agreement No.: 4402
The City of Bremerton desires to supplement the agreement entered into with Parametrix,
incorporated and executed on November 17, 2003. All provisions in the basic agreement remain
in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE, is hereby supplemented with the attached Scope of Work dated May
3, 2004.
Section 3, COMPENSATION, is hereby revised from $20,000.00 to a total amount not to
exceed $56,654.07.
The maximum amount payable under this agreement as supplemented inclusive of all fees and
other costs is Fifty Six Thousand Six Hundred Fifty Four dollars and Seven Cents ($56,654.07).
If you concur in this supplement and agree to the changes as stated above, please sign in the
appropriate spaces below and return to this office for final action.
Sincerely, ~ ~
Consultant's Signature pproving u ori y
Department Approval:
Michael C. Mecham P.E.
Interim Director, Public Works and Utilities
~¢~l'erton City Attorney
EXHIBIT A- SUPPLEMENTAL SCOPE OF WORK
City of Bremerton
SR 304 Missouri Gate Phase
Construction Staking
INTRODUCTION
Parametrix will provide the services of Construction staking for the SR 304 Missouri Gate Phase from
Sta. 51+50 to Sta. 79+00. The City of Bremerton (City) began the construction staking for this project
and Parametrix will complete the work on a time and materials basis.
This scope of services amends the existing contract "SR 304 Missouri Gate Construction Support", Task
1 Construction Staking.
Task 1 - Construction Staking
GoaI: Parametrix will provide construction staking services as indicated in the introduction.
This task is supplemented with the following elements of work.
Approach: The following approach applies:
· Administration and Coordination: This work accounts for the time required to
administer the project and coordinate with the various project participants and
includes:
Project set up
Schedule and budget monitoring
Monthly progress reports
Construction meetings, coordination, and correspondence with City staff (15
meetings lasting 30 minutes are budgeted).
Coordination with adjacent projects including the Navy's Missouri Gate
Relocation.
· Construction Staking: The surveyor will provide staking for the installation of
utilities, for the construction of the roadway, and other facilities as described below:
~. Provide a hub at 5-foot offset to bottom face of curb on the east side of the
road, including the median. Also provide quarter points, low point, and curb
ramp location at curb returns.
Provide centerline stakes at 50-foot intervals for SR 304 and side street
alignments.
City of Bremerton
Missouri Gate Construction Staking I May 3, 2004
Supplemental #1 to PSA
Provide blue top hubs for top of subgrade elevations at 50-foot intervals on
the lane line of the inside lane.
Provide red top hubs for top of crashed rock elevations at 50-foot intervals
on the lane line of the inside lane.
Provide spot elevations at 25-foot intervals on each lane line in areas where
an overlay is proposed for the pm-level course of asphalt.
Provide spot elevations at 25-foot intervals on each lane line in areas where
an overlay is proposed for the final course of asphalt.
After finished paving, provide paint marks at the edge of pavement at
stations critical for channelization.
Provide straddle reference points at each monument location to aid the
Contractor in placing the new monument case, pipe, and cover.
Upon installation of the monument case, cover, and pipe, the surveyor will
replace the concrete core, brass monument, and tack or wire.
Provide references to the existing monuments within the project limits.
Stake the irrigation waterline from Sta. 62+00 to approximate Sta. 74+04.
Stake the traffic signal loops.
Stake temporary traffic control channelization for Phase 2 through Phase 4.
Stake illumination poles and junction boxes on the east side of the road.
Assumptions: The Construction Staking Task incorporates the following assumptions:
· It is assumed that the construction duration will extend through October 15, 2004 for
approximately 150 working days.
· The City will transmit to Parametrix survey control and staking information that is
currently available to them. The City will also provide two (2) half-size and one (1)
full-size set of construction plans.
· A minimum of three (3) full working days notice to the surveyor shall be required for
staking requests. Staking requests shall be for a minimum of one full day of work for
the survey crew.
· All stakes shall be set one time only. Replacement shall be additional work.
· Storm sewer catch basins and manholes have already been staked for line and grade,
along with the lines connecting storm structures.
Cio2 oJ'Bremerton
Missouri Gate Cor~truction StaMng 2 May 3, 2004
Supplemental #1 to PSA
· Curb, gutter and sidewalk has been staked and constructed on the west side of the
road.
· Illumination poles and junction boxes have been staked and constructed on the west
side of the road.
· The cantilever sign pole foundation has been staked and constructed.
· Signal pole foundations and junction boxes have been staked and constructed.
· The irrigation waterline has been staked and constructed from Sta. 57+50 to
approximate Sta. 62+00.
· The Contractor is responsible for all staking outside of the roadway prism. The
Contractor is responsible to stake the berms in the landscape areas per the landscape
grading plan.
City of Bremerton
Missouri Gate Construction Staking 3 May 3, 20#4
Supplemental #1 to PSA
EXHIBIT B
Budget
Task 1 - Construction Staking
Administration and Coordination .................................................................................................. $5,908
Construction Staking ................................................................................................................... $44,303
Labor Subtotal ............................................................................................................... $50,211
In-House Expenses ........................................................................................................................... $839
Total Budget Required to Complete Task 1 ............................................................... $51,050
Remaining Task 1 Budget ...................................................................................................... $14,395.93
BUDGET AMENDMENT TOTAL ....................................................................... $36,654.07
Budget Breakdown
Original Effort to Budget Budget New
Budget Date Remaining Amendement Budget
Task 1 - Construction Staking 17,000.00 2,604.07 14,395.93 36,654.07 53,554.07
Task 2 - Construction Engineering 3,000.00 1,656.85 1,343.15 0 3,000
20,000.00 4,260.92 15,739.08 36,654.07 56,654.07
CiF of Bremerton
Missouri Gate Construction Staking ] May 3, 2004
Supplamental #1 to PSA
tEnter Search Criteria, Press Eec Key to Transmit
Press Del Key to Terminate Delete Mode
CHANGE Contract Transactions
Contract Number 4402
Vendor Name PARA/~ETRIX INC
~Subject MISSOURI GATE CONSTRUCTION SUPPORT - SR304 TIP
+Department ENGINEERING
~Status Code PRO
Amount $20000.00
Begin Date 11/17/2003
Insurance End Date 09/30/2004
Type Amount Review Date 09/01/2004
Insurance Total $0.00 ~
Insurance Review Date
Comments TERMINATION W/COMPLETION OF CONSTRUCTION
NEED CERTIFICATE OF INSURANCE
+
PROFESSIONAL SERVICES AGREEMENT
SR 304 T.I.P.; The Missouri Gate Phase Construction Support
The City of Bremerton ("City") and Parametrix, Inc. ("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 October 31, 2003, including any attachments thereto , attached hereto as
Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only
pursuant to Section VII.H. of this Agreement. If the Scope of Work provides for unspecified
additional services such services shall only be performed upon the express written request of the
City. Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices in effect at the time such
services are performed.
IL Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A as requested by the City. The parties agree that the work described in Exhibit A will
terminate with completion of construction for the SR 304 T.I.P.; The Missouri Gate Phase of
work.
IlL Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $20,000. Consultant's charges and bills
shall conform to the fee schedule attached hereto as Exhibit B and incorporated herein by this
reference.
The Consultant shall submit regular billing statemems 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 I1 herein. The Consultant's labor rates and
billing fees shall be as delineated in Exhibit B.
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 B.
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
City of Bremerton/Parametrix, Inc.
SR 304 T.I.P.; The Missouri Gate Phase Construction Support
Page 1 of 9
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 fi.om 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 exemise 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, fi.om any payments due Consultant.
V. Indemnffieation: Consultant shall, indemnify and hold the City, its officers, officials, and
employees, harmless from liabilities , damages, costs, including reasonable attorney fees,
arising out of the negligent acts of the Consultant in the performance of the services under this
Agreement.
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.
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 prope~y 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 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
City of Bremerton/Parametrix, Inc.
SR 304 T.I.P.; The Missouri Gate Phase Construction Support
Page 2 of 9
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 employer's
liability; and
3. Excess Liability 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 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.
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, remm 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:
City of Bremerton/Parametrix, Inc.
SR 304 T.I.P.; The Missouri Gate Phase Construction Support
Page 3 of 9
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 Bremerton, 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 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. Consultant to Maintain Records to Support Independent Consultant Status: On the
effective date of this Agreement (or shortly thereafter), Consultant shall:
1. File a schedule of expenses with the Intemal Revenue Service for the type of
business Consultant conducts;
2. 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 fi.om 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.
City of Bremerton/Parametrix, Inc.
SR 304 T.I.P.; The Missouri Gate Phase Construction Support
Page 4 of 9
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 Bremerton, Washington_or other offices of the Consultant. 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.
City Address Consultant Address
Depas'tment of Public Works and Utilities Parametrix, Inc.
3027 Olympus Drive 5700 Kitsap Way, Suite 202
Bremerton, WA 98310 Bremerton, WA 98312
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 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.
City of Bremerton/Parametrix, Inc.
SR 304 T.I.P.; The Missouri Gate Phase Construction Support
Page 5 of 9
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. Nondiscrimination: 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 Agreement. 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
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.
City of Bremerton/Parametrix, Inc.
SR 304 T.I.P.; The Missouri Gate Phase Construction Support
Page 6 of 9
C~BRE~ CONSULTANT
By: CareyBozeman By: F/~;( 9~<
its: Mayor its: t~:~,~.~. ~,'.
Date:/]--]~-- ~ Date: 'l(-{q~y ~
Dep?~val:
D~'rcE:~ re~?~Publi¢ Worlds and Utilities
Approvexl as to form: Att~t~ ~ / . ~
~erton City Attorney ~it4] Cf~ ' ' - ~' ,~
City of Bremerton/Pammetrix, Inc.
SR 304 T.I.P.; The Missouri Gate Phase Construction Support
Page 7 of 9
EXHIBIT A
SCOPE OF WORK
The City of Bremerton contracted with Parametrix, Inc. as a consultant to design and produce the
final drawings and contract book for the Missouri Gate phase of work. As Parametrix is
intimately involved with the project, the City desires the ability to contact Parametrix, Inc. on an
as-needed basis for consultation in questions/issues with the plans and contract book, and survey
services.
The City wishes to differentiate between the differences in field conditions, material submittals,
and etc, which may result in the City consulting with Parametrix for a solutions.
The City will strive to provide a written notice_of two working days to Parametrix should survey
services be required for the project. Services will be for a minimum 4 hours, and the City will
provide what information it has available for the surveying. However, Parametrix will be
responsible for obtaining information for the survey, should the City be unable to do so.
City of Bremerton/Parametrix, Inc.
SR 304 T.I.P.; The Missouri Gate Phase Construction Support
Page 8 of 9
PARAMETRIX
BILLING RATE SCHEDULE
October, 2003
Classification Billino Rate
Principal $160.00
Senior Planner $95.00 - $125.00
Planner IV $95.00- $110.00
Planner III $65.00- $100.00
Planner II/Landscape Designer $70.00 - $60.00
Senior Engineer $95.00 - $135.00
Engineer IV $95.00 - $1 'i0,00
Engineer III $65.00- $100.00
Engineer II $70.00 - $60.00
Engineer Tech. II $65.00 - $75.00
CADD Operator III $65.00- $60.00
Project Coordinator $55.00- $65.00
Technical Aide $45.00- $55.00
Office Administrator $60.00 - $70.00
Admin. Assistant $45.00- $55.00
Receptionist $40.00 - $50.00
Survey Office Support $65.00 - $110.00
2-Man Survey Crew $135.00
3-Man Survey Crew $160.00
Principal Value Engineering $150.00 -$175.00
Expert Witness $200.00
Environmental Services Separate Fee Proposal
Geotechnical Engineers Separate Fee Proposal
Structural Engineers Separate Fee Proposal
Direct project expenses and reproduction costs are billed at cost plus 15%
Public hearing testimony services are billed at hourly rates plus 30%.
Principal's initials
Billing Rate Schedule