065-21 - Hugh G Goldsmith & Associates, Inc. - ContractCITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
THIS Agreement is made effective as of the 22nd day of June 2021, by and between the City of
Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address
is:
CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
And Hugh G. Goldsmith & Associates, Inc., a Corporation, organized under the laws of the State
of Washington, doing business at:
Hugh G. Goldsmith & Associates, Inc (hereinafter the "CONSULTANT")
1215 114' Avenue SE
Bellevue, WA 98004
Contact: Lee Nyquist Phone:425.462.1080 Fax: 425.462.7719
Email: Inyquist@goldsmithengineering.com
for professional services in connection with the following Project:
Preparation of a legal description and sketch for a Water Main Easement at McCormick Village
Park dedication to the City of Bremerton
TERMS AND CONDITIONS
1. Services by Consultant.
A. The Consultant shall perform the services described in the Scope of Work attached to this
Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work
without prior written authorization from the City.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the
parties and incorporated in written amendments to the Agreement.
2. Schedule of Work.
A. The Consultant shall perform the services described in the Scope of Work in accordance
with the tasks identified within Exhibit "A" and the terms of this Agreement. If delays beyond the
Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an
extension is appropriate.
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B. The Consultant is authorized to proceed with services upon receipt of a written Notice to
Proceed.
3. Terms. This Agreement shall commence on June 22, 2021 ("Commencement Date") and shall
terminate July 31, 2021 unless extended or terminated in writing as provided herein. The City
reserves the right to offer two (2) one-year extensions prior to contract expiration to retain
the selected company's services.
4. Compensation.
TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
$3,500.00 without written authorization and will be based on the list of billing rates and
reimbursable expenses attached hereto as Exhibit "A."
5. Payment.
A. The Consultant shall maintain time and expense records and provide them to the City
monthly after services have been performed, along with monthly invoices in a format acceptable to the City
for work performed to the date of the invoice.
B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper
invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same
within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and
the parties shall immediately make every effort to settle the disputed portion.
C. The Consultant shall keep cost records and accounts pertaining to this Agreement available
for inspection by City representatives for three (3) years after final payment unless a longer period is
required by a third -party agreement. Copies shall be made available on request.
D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply
with all federal and state laws applicable to independent contractors, including, but not limited to, the
maintenance of a separate set of books and records that reflect all items of income and expenses of the
Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to
show that the services performed by the Consultant under this Agreement shall not give rise to an employer -
employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance.
E. If the services rendered do not meet the requirements of the Agreement, the Consultant will
correct or modify the work to comply with the Agreement. The City may withhold payment for such work
until the work meets the requirements of the Agreement.
6. Discrimination and Compliance with Laws
A. The Consultant agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed, color,
national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or
local law or ordinance, except for a bona fide occupational qualification.
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B. Even though the Consultant is an independent contractor with the authority to control and
direct the performance and details of the work authorized under this Agreement, the work must meet the
approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory
completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and
regulations that are now effective or become applicable within the term(s) of this Agreement to the
Consultant's business, equipment and personnel engaged in operations covered by this Agreement or
accruing out of the performance of such operations.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result
in ineligibility for further work for the City.
7. Relationship of Parties. The parties intend that an independent contractor -client relationship will
be created by this Agreement. As the Consultant is customarily engaged in an independently established
trade which encompasses the specific service provided to the City hereunder, no agent, employee,
representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent,
representative or sub -consultant of the City. In the performance of the work, the Consultant is an
independent contractor with the ability to control and direct the performance and details of the work, the
City being interested only in the results obtained under this Agreement. 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. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents,
employees, representatives and sub -consultants during the performance of this Agreement. The City may,
during the term of this Agreement, engage other independent contractors to perform the same or similar
work that the Consultant performs hereunder.
8. Suspension and Termination of Agreement
A. Termination without cause. This Agreement may be terminated by the City at any time for
public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the
benefit of creditors.
B. Termination with cause. This Agreement may be terminated upon the default of the
Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving
written notice of the default.
C. Rights . Upon Termination.
I . With or Without Cause. Upon termination for any reason, all finished or unfinished
documents, reports, or other material or work of the Consultant pursuant to this Agreement shall
be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for
any satisfactory work completed prior to the date of termination, not to exceed the total
compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost,
profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work
not performed because of such termination. The Consultant shall use its best efforts to minimize
the compensation payable under this Agreement in the event of such termination. Upon
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termination, the City may take over the work and prosecute the same to completion, by contract or
otherwise.
2. Default. If the Agreement is terminated for default, the Consultant shall not be
entitled to receive any further payments under the Agreement until all work called for has been
fully performed. Any extra cost or damage to the City resulting from such default(s) shall be
deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra
expenses incurred by the City in completing the work, including all increased costs for completing
the work, and all damage sustained, or which may be sustained, by the City by reason of such
default.
D. Suspension. The City may suspend this Agreement, at its sole discretion. Any
reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable
expenses and shall be subject to verification. The Consultant shall resume performance of services under
this Agreement without delay when the suspension period ends.
E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination
shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as
stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the
Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the
anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in
Section 15 herein.
9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill
and experience necessary to provide the services under this Agreement and is appropriately accredited and
licensed by all applicable agencies and governmental entities. Services provided by the Consultant under
this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily
exercised by members of the same profession currently practicing in similar circumstances.
10. Ownership of Work Product.
A. All data, materials, reports, memoranda, and other documents developed under this
Agreement whether finished or not shall become the property of the City, shall be
forwarded to the City at its request and may be used by the City as it sees fit. Upon
termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished
documents, reports, or other material or work of the Consultant pursuant to this Agreement
shall be submitted to the City. Any reuse or modification of such documents, reports or
other material or work of the Consultant for purposes other than those intended by the
Consultant in its scope of services under this Agreement shall be at the City's risk.
B. 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 the
Consultant's possession or known to it or is rightfully obtained by the Consultant from
third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or
otherwise. The Consultant is permitted to disclose any such information only to the extent
required by law, subpoena or other court order.
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11. Work Performed at the Consultant's Risk. The 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 the
Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools,
or other articles used or held by the Consultant for use in connection with the work.
12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of
the Consultant in performance of this Agreement, except for injuries or damages caused by the sole
negligence of the City.
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 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. The provisions of this section shall survive the expiration or termination of this
Agreement.
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.
13. Insurance. The Consultant shall procure and maintain for the duration of this 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, or
employees.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non -owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 or a substitute form providing equivalent liability coverage and shall cover
liability arising from premises, operations, independent contractors and personal injury
and advertising injury. The City shall be named by endorsement as an additional
insured under the Consultant's Commercial General Liability insurance policy with
respect to the work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
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4. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's
Liability Disease each employee $1,000,000, and Employer's Liability Disease —
Policy Limit $1,000,000.
4. Professional Liability insurance shall be written with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance:
1. The Consultant's insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City shall
be excess of the Consultant's insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
The City will not waive its right to subrogation against the Consultant. The
Consultant's insurance shall be endorsed acknowledging that the City will not waive
their right to subrogation. The Consultant's insurance shall be endorsed to waive the
right of subrogation against the City, or any self-insurance, or insurance pool coverage
maintained by the City.
4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year
extended reporting period shall be included with the claims made policy, and proof of
this extended reporting period provided to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII.
E. Verification of Coverage
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The Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work.
14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber
any rights, duties, or interests accruing from this Agreement without the express prior written consent of
the City, which consent may be withheld in the sole discretion of the City.
15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City
shall be in writing and delivered to the parties at the following addresses:
Robert Putaansuu
Mayor
216 Prospect Street
Port Orchard, WA 98366
Phone: 360.876.4407
Fax: 360.895.9029
Hugh G. Goldsmith & Associates, Inc.
Attn: Lee Nyquist
1215 114t' Ave SE
Bellevue, WA 98004
Phone: 425.462.1080
Fax: 425.462.7719
16. Resolution of Disputes and Governing Law.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term
or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between
the parties relative to the actual services provided or to the sufficiency of the performance hereunder.
B. If any dispute arises between the City and the Consultant under any of the provisions of
this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the
Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting
litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the
substantially prevailing parry shall be entitled to recover its costs, disbursements, and reasonable attorneys'
fees from the other party.
17. General Provisions.
A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein contained 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 in full force and effect.
B. Modification. No waiver, alteration, modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and
the Consultant.
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C. Severability. The provisions of this Agreement are declared to be severable. If any
provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other provision.
D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits
attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City,
and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between
the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits
attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of
the above documents are hereby made a part of this Agreement and form the Agreement document as fully
as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict
with any language contained in this Agreement, then this Agreement shall prevail.
18. Title VI
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts
comply with these regulations.
Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and
successors in interest agrees as follows:
1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to
time, which are herein incorporated by reference and made a part of this Agreement.
2. Nondiscrimination: The Consultant, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age,
disability, income -level, or LEP in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Consultant will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in
Appendix A, attached hereto and incorporated herein by this reference, including employment
practices when this Agreement covers any activity, project, or program set forth in Appendix B of
49 C.F.R. part 21.
Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Consultant of the Consultant's
obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination
on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP.
4. Information and Reports: The Consultant will provide all information and reports required by
the Acts, the Regulations and directives issued pursuant thereto and will permit access to its
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books, records, accounts, other sources of information, and its facilities as may be determined by
the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Consultant is in the exclusive possession of
another who fails or refuses to furnish the information, the Consultant will so certify to the City
or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non-
discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
1. withholding payments to the Consultant under the Agreement until the contractor
complies; and/or
2. cancelling, terminating, or suspending the Agreement, in whole or in part.
6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant
will take action with respect to any subcontract or procurement as the City or the FHWA may
direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,
that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or
supplier because of such direction, the Consultant may request the City to enter into any litigation
to protect the interests of the City. In addition, the Consultant may request the United States to
enter into the litigation to protect the interests of the United States.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth
above.
CITY OF PORT ORCHARD, CONSULTANT
WASHINGTON
By: By:
Robert Putaansuu, Mayor f
Name:
ATTEST! TICATE-
Title: r N_' �.Q if lee
✓�
By:
Brandy Rmearson,
City Clerk
APPROVED AS TO FORM:
BY: � �j1�]IIIIIIIII��If!
Charloto`� 04 rney
AL
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APPENDIX A
During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in
interest agrees to comply with the following non-discrimination statutes and authorities; including but not
limited to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal -aid recipients, sub -
recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles 11 and III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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GOLDSMITH
LAND DEVELOPMENT SERVICES
June 4, 2021
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Attention: Jacki Brown, Utility Manager
Re: Proposal for McCormick Village Park Water Easement Legal Description and Sketch
Dear Jacki,
We are pleased to provide this proposal in response to your request for an easement legal
description and sketch for the operation, repair and maintenance of the water main located in
the park to accompany the City of Port Orchard's McCormick Village Park dedication document
to the City of Bremerton.
It is our understanding that the legal description and sketch will be included in the easement
document to be prepared by the City of Port Orchard.
For this scope of work, we have reviewed the pdf defining 'as -built' water valve boxes located
within Phase I of the McCormick Village Park improvement area, and the McCormick Village Park
Phase I Improvement Plans. The City confirmed that there are no electronic files available for
the as-builts of the main and appurtenances. Therefore, this proposal also includes a scope for a
field survey to determine the as -built location of the water facilities. The scope of the field survey
will include location of paint markings provided as a part of a utility locate effort by the City and
surface observable water features such as valves, fire hydrants, and meters.
Based on our review of the available project materials, we propose an estimated budget of
$3,500 in accordance with our current Rate Schedule (attached). The budget includes a field
survey of the as -built location of water facilities, creation of a legal description of an area
including the subject water facilities sufficient to allow for access and maintenance and repair of
said facilities and a sketch depicting said legal description.
21119 COPO McCormick Village Water Easement Project Proposal 2021-6-04.docx 11400 SE 81h St, Suite 450, Bellevue, WA 98004
P a g e l PO Box 3565, Bellevue, WA 98009
T: 425.462.1080 1 F: 425.462.7719
www.goldsmithengineering.com
City of Port Orchard
Attn. Jacki Brown
Date
You may authorize our services by returning a pdf of this proposal to us, signed in the space
provided below.
We look forward to our continued work with you on this project. Should you have any questions
regarding the nature of this proposal, or wish to discuss it further, please do not hesitate to call.
Sincerely,
Lee Nyquist, P.L.S. / Goldsmith Engineering
Director of Survey 1425.462.1080 1 Inyquist@goldsmithengineering.com
Authorization is herewith confirmed for the scope of services and terms described above.
Organization
Date
Signature*
Name Printed
*Individual with contracting authority for services provided by Hugh G. Goldsmith & Associates, Inc. By signing, the
contracting authority indicates the General Conditions have been read and are understood.
Attachments: Rate Schedule
General Conditions
21119 COPO McCormick Village Water Easement Project Proposal 2021-6-04.docx
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GENERAL CONDITIONS
BILLING
Billing will be submitted for services performed. Payment is due on receipt of the invoice unless otherwise agreed to in writing. Service
charge at the rate of one and one-half percent per month will be added to unpaid accounts due over 30 days. All expenses incurred in
liening or collecting any delinquent amount including, but not limited to, reasonable attorneys' fees, witness fees, court costs, and
charges at current billing rates for time, transportation and subsistence shall be paid in addition to the delinquent amount.
TERMINATION OF SERVICES
In the event that the Client requests termination of our services prior to completion, we reserve the right to complete such analyses and
record preparation as are necessary to place our files in order and, where considered by us necessary to protect our professional
reputation, to complete a report on the services performed to date. A termination charge to cover the cost thereof in an amount not to
exceed 30 percent of all charges incurred up to the date of the termination of the contract may be made at the discretion of Hugh G.
Goldsmith & Associates, Inc. Likewise, should it be deemed necessary (in our sole discretion) to terminate services for any reason,
fourteen days notice will be given to client and all files, data, information, reports, etc. will be made available for client's inspection and
use, subject to appropriate limitations and disclaimers.
STANDARD OF CARE AND LIMIT OF PROFESSIONAL LIABILITY
Hugh G. Goldsmith & Associates, Inc. performs its professional services with that degree of care and skill ordinarily exercised by
members of the civil engineering and land surveying professions currently practicing in this area under similar conditions. No other
conditions are expressed or implied. We will not be responsible for the interpretation by others of the information that we develop.
Should we or any of our professional employees be found to have been negligent in the performance of services to the standard of care of
the profession, you agree that the maximum aggregate amount of your recovery against us or to our employees shall be limited to our fee
for the services provided under this contract. Should the terms of your contract or purchase order specifically place greater responsibility
on us or require higher limits of coverage, we will attempt to obtain coverage to your prescribed limits, the charges for which shall be
borne by you.
INSURANCE
Hugh G. Goldsmith & Associates, Inc. maintains comprehensive general liability insurance coverage which, subject to the limits, terms,
and conditions of the policy, provides protection against liability arising out of bodily injury and property damage that is the direct result
of negligence in our operational activities. A certificate of insurance will be provided to you upon request in writing. In the performance
of this agreement and subject to the limits, terms and conditions of property damage and public liability coverage, we agree to indemnify
and hold you harmless from liability resulting from our negligence, but only for that portion of liability which reflects the percentage of
our negligence compared to the total negligence of all persons, firms or corporations which results in damage to you. Should the terms of
your contract or purchase order specifically place greater responsibility on us or require higher limits of coverage, we will attempt to
obtain additional coverage to your prescribed limits, the charges for which shall be borne by you. You agree, in any case, that we shall
not bear responsibility for general liability or property damage from any cause including fire and explosion, beyond the limits of coverage
in effect for your specific project.
CLIENT FURNISHED INFORMATION
The Client is responsible to provide Hugh G. Goldsmith & Associates, Inc. a description of the property, its location and the locations of
any buried utilities or structures if known. The Client is responsible for advising Hugh G. Goldsmith & Associates, Inc. of any
requirements for entry or work permits, security clearances, licenses, or any other required permissions. If the property is not owned by
the Client, the Client shall obtain right -of -entry for the purpose of accomplishing our services.
OWNERSHIP OF DOCUMENTS
All reports, design drawings, field data, field notes, working drawings, calculations, estimates, and other documents prepared by Hugh G.
Goldsmith & Associates, Inc. or its agents, which are not paid for, will be returned to us upon demand and will not be used by the Client
for any purpose whatever. We will retain all pertinent records relating to the services performed for a period of five years following
completion, during which period the records will be made available to the Client at all reasonable times. Reuse of any instruments of
service by the Client on extensions of this project or on any other projects without Hugh G. Goldsmith & Associates, Inc.'s written
permission shall be at the Client's risk and the Client agrees to indemnify and hold harmless Hugh G. Goldsmith & Associates, Inc. from
all claims, damages, and expenses including attorneys' fees arising out of such unauthorized reuse.
DISPUTES
In the event that a dispute should arise relating to the performance of the services to be provided under this Agreement, and should that
dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of
the claim, including staff time, court costs, attorneys' fees, and other claim -related expenses.
JOB SITE
Hugh G. Goldsmith & Associates, Inc. will be responsible for our professional activities on the job site. This shall not be construed to
relieve the client, owner, or construction contractors of their obligation to maintain a safe job site. Neither our professional activities nor
our presence shall be understood to control the operations of others, nor shall it be construed to be an acceptance of the responsibility
for job site safety. Construction job site safety is the responsibility of the General Contractor.
ASSIGNS
Neither the client, nor Hugh G. Goldsmith & Associates, Inc. may delegate, assign, sublet or transfer the duties, interests nor
responsibilities set forth in this Agreement without the written consent of the other party.
RATE SCHEDULE
Effective January 1, 2021 through December 31, 2021
POSITION
DESCRIPTION/COMMENTS
Rate/Hr.
PROJECT MANAGEMENT / PRINCIPAL CONSULTANT
Principal Project Manager
Principal Consultant Engineer/Surveyor
$210
PROJECT ENGINEERING
Project Manager
Project Management, Client Coordination, Overall Design Control
$179
Sr. Project Engineer
Project Design / Engineering Plan Management
$168
Project Engineer
Project Designer — Assist Project Plan Management
$156
Engineering Designer
Technician Designer — Assist Project Engineering
$142
PROJECT SURVEYING
Sr. Project Surveyor L.S.
P.L.S. Project Survey Control - Assistant Survey Management
$163
Project Surveyor
Project Survey Calculation and Field Crew Control
$147
Sr. Surveyor
Party Chief— Data Coordination
$132
Survey Technician
Field Surveyor - Data Coordination
$116
1-Man Survey Crew
Special Condition
$165
2-Man Survey Crew
Typical
$180
3-Man Survey Crew
Special Condition - when required
$250
sUAS Missions
On -site and Data Processing
$180
LAND PLANNING & LAND ENTITLEMENT COORDINATION
Project Land Use Management
Entitlement & Land Subdivision Management Coordination w/
Project Manager or Principal Consultant
$130
Sr. Land Planner
Land Planning - Land Use Exhibit Design
$153
Land Planning / GIS Coordination
Land Planning / GIS Coordination
$120
Land Use Project Coordination
Project Data Coordination, Permit Prep and Tracking, etc.
$105
DESIGN SUPPORT - DRAFTING
Sr. CADD Technician
CADD Tech Support for Design & Survey, Planning — Exhibit Prep.
$126
Engineering / Survey CADD Technician
CADD Drafting
$111
Office Administration
Word Processing, in-house repro., deliveries, file transfers, etc.
$70
SPECIAL CHARGES
Project Costs
Outside Consultants, Outside Reprographics, etc.
Cost + 12%
Per Diem
Average
$135pp/day
Mileage
Field Vehicle Only beyond 50-mile radius
$0.85/mi
Court Availability and/or Testimony
Minimum $850/4 hours. Each additional hour at $210/hr.
Min. $850
Reproduction Costs (Home Office)
Black & White:
8.5" x 11 ": $0.15 per sheet
8.5" x 14": $0.20 per sheet
11" x 17": $0.25 per sheet
18" x 24": $1.25 per sheet
24" x 36": $1.50 per sheet
36" x 48": $1.50 per sheet
Color:
8.5" x 11 ": $ 1.25 per sheet
8.5" x 14": $ 1.50 per sheet
11" x 17": $ 2.00 per sheet
18" x 24": $50.00 per sheet
24" x 36": $108.00 Setup/1st Print; $36.00 each thereafter
36" x 48": $175.00 Setup/1ST Print; $72.00 each thereafter
NOTE: The above rates will have added to them any increment increase imposed on our business by a state tax.
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