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4645
HDR ENGINEERING INC
Design - Brentwood Drive Fish Passage Culvert
Engineering
LEG 12-1
08/13/2007
12/31/2008
02/15/2011
02/01/2011
PROFESSIONAL SERVICES AGREEMENT
DESIGN SERVICES FOR
BRENTWOOD DRIVE FISH PASSAGE CULVERT
This Agreement is between the City of Bremerton, a municipal corporation (hereinafter
referred to as "City") and HDR Engineering, Inc. ("Consultant"), referred to collectively as the
"Parties," enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to provide the services set out in the Scope of Work
attached hereto and incorporated herein by this reference as Exhibit A. The Scope of Work may
be modified only pursuant to Section VII D. of this Agreement. If the Scope of Work provides
for unspecified additional services the City may request, such services shall only be performed
upon the express, written request of the City.
II. Term: This Agreem~nt commences upon issuance of a written Notice to Proceed by the
City and terminates on December 31, 2008, unless another date is substituted pursuant to Section
IX. The Parties agree that time is of the essence for completing this work and agree that work
under this agreement will be completed by the termination date of this agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed Thirty Six Thousand Five Hundred
Three Dollars ($36,503). Consultant's charges and bills shall conform to the fee schedule
attached as Exhibit B and incorporated herein by reference. The amounts for individual tasks set
forth in Exhibit B may vary provided the total is within the not-to-exceed amount, less the
amount set aside for additional services, of this Agreement.
The Consultant shall submit regular billing statements describing services rendered and
the amount charged for each service consistent with the level of detail provided in Exhibit B. The
descriptions shall conform to and fall within the categories set out in the Scope of Work. Upon
receipt of a conforming billing statement, the City shall promptly process payment.
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. Additional services shall be compensated for only if requested pursuant to Section I
and shall be compensated as set out in the request or, if the request does not so provide, as set out
in Exhibit B.
Bremerton/HDR - Brentwood Drive Fish Passage Culvert
Professional Services Agreement
Page 1 of5
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. Opinions Of Probable Cost (Cost Estimates) Any opinions of probable project cost or
probable construction cost provided by Consultant are made on the basis of information available
to Consultant and on the basis of Consultant's experience and qualifications, and represents its
judgment as an experienced and qualified professional engineer. However, since Consultant has
no control over the cost of labor, materials, equipment or services furnished by others, or over
the contractor(s') methods of determining prices, or over competitive bidding or market
conditions, Consultant does not guarantee that proposals, bids or actual project or construction
cost will not vary from opinions of probable cost Consultant prepares.
V. Relationship of Parties: Consultant is skilled in the matters addressed in the Scope of
Work and will perform independent functions and responsibilities in the area of its particular
field of professional services. 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 or contractors.
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, B&O, State professional licensing, and
City business licensing. If any taxes or fees due the City have been declared delinquent, the City
may withhold the delinquent amount, plus any additional charges arising from the delinquency,
from any payments due Consultant.
VI. Insurance and Hold Harmless: Consultant shall provide Certificates of Insurance to the
City's Risk Manager verifying the following coverage: 1) a professional liability policy ("E&O")
providing coverage of $1 ,000,000 for negligent errors and omissions committed by Consultant
while performing its obligations under this Agreement, and 2) a comprehensive general liability
("CGL") policy providing coverage of at least $1,000,000 per occurrence and including bodily
injury and property damage. The CGL shall name the City as an additional insured. Both policies
shall remain in full force and effect, and provide coverage for the full term of this Agreement.
Insurer shall provide the Risk Manager with 30 days' written notice of any cancellation or
change of coverage of either policy.
Consultant shall, at all times, be solely responsible for the negligent or wrongful acts or
failures to act of its personnel, subconsultants and agents which arise in any way out of the
performance of this Agreement. Consultant agrees to defend, indemnify, and hold harmless the
Bremerton/HDR - Brentwood Drive Fish Passage Culvert
Professional Services Agreement
Page 2 of 5
City and its appointed and elected officials and employees from and against any and all liability,
loss, costs, damage, and expense, including costs and attorney fees in defense thereof, because of
actions, claims, or lawsuits for damages resulting from personal or bodily injury, including death
any time resulting therefrom, sustained by any person or persons, and on account of damage to
property, to the extent arising out of the willful misconduct or negligent performance of the
Agreement, if such injuries to persons or damage to property is due to the willful or negligent act
or omission of the Consultant, its subconsultants, its agents, or assigns.
The City and Consultant have specifically negotiated Consultant's waiver of its immunity under
Title 51 RCW, which is hereby waived for purposes of Consultant's indemnification and hold
harmless of the City, including the duty to defend. This provision shall be inapplicable to the
extent such action, claim, or lawsuit is judicially found to arise from the acts or failures to act of
the City.
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. 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.
C. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
D. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
E. Notices:
Notices shall be in writing and delivered to the following addresses:
City Address
Consultant Address
City of Bremerton
239 4th Street
Bremerton, W A 98337
HDR Engineering, Inc.
3780 SE Mile Hill Dr.
Port Orchard, W A 98336
F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
BremertonlHDR - Brentwood Drive Fish Passage Culvert
Professional Services Agreement
Page 3 of5
G. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
1. Attorneys' Fees: To the extent not inconsistent with RCW 39.04.240, in any claim or
lawsuit for damages arising from the parties' performance of this agreement, each party shall be
responsible for payment of its own legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to
indemnification under Section VI of this agreement
VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the
public on the basis ofrace, color, national origin, sex, religion, age, marital status, disability, or
sexual orientation, except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement may be terminated, at will, by the City upon 30 days'
notice to the Consultant. This Agreement may be immediately terminated for cause by either
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
five days of the terminating Party's sending notice to the non-performing Party. Upon
termination the City will be entitled to reports showing the status and/or all work products,
independent of their stage of completion or preparation format, of all items listed in the Scope of
Work current through the termination date.
X. Standard Of Performance: The standard of care for all professional engineering and
related services performed or furnished by Consultant under this Agreement will be the care and
skill ordinarily used by members of Consultant's profession practicing under the same or similar
circumstances.
XI. Construction Procedures: Consultant's observation or monitoring portions of the work
performed under construction contracts shall not relieve the contractor from its responsibility for
performing work in accordance with applicable contract documents. Consultant shall not control
or have charge of, and shall not be responsible for, construction means, methods, techniques,
sequences, procedures of construction, health or safety programs or precautions connected with
the work and shall not manage, supervise, control or have charge of construction.
XII. Re-Use Of Documents: 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 ofthe City.
Any reuse by the City for other than the specific purpose intended will be at City's sole risk and
without liability or legal exposure to Consultant, and City will defend, indemnify and hold
harmless Consultant from all claims, damages, losses and expenses, including attorney's fees
Bremerton/HDR - Brentwood Drive Fish Passage Culvert
Professional Services Agreement
Page 4 of5
arising or resulting therefrom. The format for documents and work products shall be as specified
in the exhibits.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and
year indicated.
R/eM
date"
~I
Cary Bozeman,
Mayor
MERTON
G, IN C.
f1;;67
Received for Filing:
cu~~~~~~~
Paula Johnston, City e
Bremerton/HDR - Brentwood Drive Fish Passage Culvert
Professional Services Agreement
Page 5 of5
EXHIBIT A
CITY OF BREMERTON
BRENTWOOD DRIVE FISH PASSAGE CULVERT
SCOPE OF WORK
INTRODUCTION
HDR/FishPro (HDR) is entering into an agreement with the City of Bremerton (City) to
provide design services for the replacement of an existing culvert under Brentwood
Drive. Site surveys to serve as the basis of the design will be provided by the City of
Bremerton. HDR will provide bid ready documents to the City of Bremerton for bidding
by independent construction contractors.
SERIES 100 TASKS - PROJECT MANAGEMENT
Task 101 - Project Management
Consultant Responsibilities:
1. Contractual and internal project controls and accounting.
2. Staff administration and scheduling.
3. Monthly reports and invoices.
Assumptions:
1. Standard invoices will be prepared on a monthly basis.
2. HDR standard monthly invoice format will be utilized. This format contains an
itemized list of project staff who charged to the project, hourly rates, number of
hours charged, and Other Direct Charges (ODCs).
3. Invoice hours will be classified by tasks.
4. No backup information (i.e. timesheets, logs, receipts, etc.) will be submitted with
the invoices unless specifically requested by the City. Backup information will be
available in HDR files for inspection by City of Bremerton project auditing staff,
if requested by the City.
5. The City will maintain the role of overall project coordination with other
governmental agencies and utilities.
6. At this time no subconsultants have been identified for this work.
7. City of Bremerton will reproduce all documents for distribution to all agencies,
contractors, etc.
Work Products:
1. Monthly standard invoice
City of Bremerton
Brentwood Culvert
1
Exhibit A - Scope of Work
06/29/2007
SERIES 200 TASKS - CULVERT CONSTRUCTION DOCUMENTS
Task 201 - Preliminary Design Report
Consultant Responsibilities and Assumptions:
Assumptions:
1. Culvert design shall be a Stream Simulation in accordance with the latest edition
of Design of Road culverts for Fish Passage published by Washington
Department of Fish and Wildlife.
2. Restoration of Brentwood Drive following construction of the culvert shall be to
the pre-existing condition relative to vertical and horizontal alignment, shoulder
width, and pavement width. Design requirements details etc. for embankment
construction, pavement base preparation, and paving shall be provided by the City
of Bremerton.
3. Restoration of Brentwood Drive utilities following the installation of the new
culvert shall be to the pre-existing condition relative to vertical and horizontal
alignment. Design requirements details etc. for all utilities shall be provided by
the City of Bremerton.
4. All drawings to be completed in AutoCAD using standard APW A format.
5. Minimum soil design parameters as noted in mc (latest adopted version by City)
shall be used as basis of design.
Responsibilities
1. August 13th Design Submittal shall consist of a Preliminary Design Report
containing the following sections:
A. Introduction (basic project information)
B. Site survey plots on 11x17 sheets (accordion fold) including:
Existing site plan with 1 ft contours (Based on City supplied information)
C. Hydrologic analysis
Determination of the 100-year flow will be based on the USGS regression
anal ysis method
D. Proposed culvert design:
a. Plan view drawing showing clearing limits, structure type (bottomless
corrugated metal arch, bottomless concrete arch, concrete box, or eliptical
pipe)
b. Profile drawing showing structure length and stream bed slopes upstream,
inside the structure, and downstream
c. Streambed materials and configuration
d. Bed controls (if needed)
E. Description of affected utilities, (existing utility info based on information
supplied by City of Bremerton).
F. Traffic control. Note: HDR will not provide a traffic control plan. It is
assumed that during construction the City of Bremerton will close Brentwood
Drive in the vicinity of construction and provide a detour route with all
City of Bremerton
Brentwood Culvert
2
Exhibit A - Scope of Work
06/29/2007
necessary signage and local notification. (Detour route could be placed at
south end of Brentwood Drive to existing parking lot by Super 8 and Dairy
Queen)
G. Preliminary Opinion of Probable Construction Cost (OPCC) with quantities.
City Responsibilities:
1. Physical site data for design will be provided on a survey supplied by the City of
Bremerton. This data will include topography (1 ft contours, upstream and
downstream inverts, stream alignment a minimum 200 ft up stream and down
stream of culvert), property lines and comers (public and private) right of way,
any easements, all utilities, (stormwater, water, sewer, phone, fiber optic, etc.),
trees larger then 6 inches within 100 ft of the inlet and outlet, elevations as
required to define topography and any physical feature, any road control and
datum used for survey as well as all inverts of storm sewer and any utility that
may be affected.
Work Products:
1. Three hard copies of the Preliminary Design Report
Task 202 - Final Design and Construction Documents
Consultant Responsibilities and Assumptions:
Assumptions:
1. Comments from WDFW, City of Bremerton or other agencies on the Preliminary
Design Report shall be incorporated into the final design insofar as they do not
result in deviation from the base assumption that the culvert will be a Stream
Simulation design, or require significant alterations of the proposed culvert
alignment or profile.
2. It is assumed that HDR will develop specifications including Divisions 2 through
8 (CSI format) as required for this project and that the City of Bremerton will
assemble the bid proposal, project bid package, front end specifications and
coordination of specifications.
Responsibilities:
Finalize the Preliminary Design Report and Prepare Construction Documents
1. Finalize Preliminary Design Report by adding any additional comments from the
review process following the submittal of the Preliminary Design Report.
2. Final Drawings and Specifications suitable for bidding and construction by
private contractors shall be prepared, including:
A. Existing site plan showing clearing limits
B. Culvert Site Plan
City of Bremerton
Brentwood Culvert
3
Exhibit A - Scope of Work
06/2912007
C. Culvert Profile
D. Culvert sections and details as required for construction
E. Streambed grading profile and section as required
F. Technical Specifications for construction
3. Construction Drawings and Specifications shall be stamped by a Professional
Engineer licensed in the S tate of Washington.
Work Products:
1. Three hard copies of the finalized Preliminary Design Report including complete
hydrologic, hydraulic, civil engineering, and other necessary calculations
associated with the design
2. One set of original stamped construction-ready Drawings on llx17 sheets, one
bound copy of the Specifications and one original stamped unbound copy of the
Specifications.
Task 203 - Permitting Support
Consultant Responsibilities:
1. We under stand that permitting assistance is not necessary and as such it has not
been included in this scope of work. However, if it is needed, HDR can assist on a
time and materials basis as requested by the City of Bremerton.
Work Products:
1. None unless assistance is authorized by the City of Bremerton.
SERIES 300 TASKS -MEETINGS
Task 301 - Agency (WDFW) and Client Meetings
Consultant Responsibilities:
1. HDR shall attend one meeting with the City of Bremerton to review documents
prior to the August 13th meeting with WDFW, one meeting with WDFW
regarding the August 13th submittal, and one meeting with the City of Bremerton
for the 90% complete design to ensure compliance with City of Bremerton codes
and reference information supplied.
Work Products:
1. None
City of Bremerton
Brentwood Culvert
4
Exhibit A - Scope of Work
06/29/2007
SERIES 400 TASKS - CONSTRUCTION ADMINISTRATION
Task 401 - Bidding and Construction Administration
Consultant Responsibilities:
1. Bidding Assistance shall consist of attendance (HDR) at a pre-bid site visit to be
arranged by the City of Bremerton, and an allowance of 8 hours of Civil Engineer
time to address technical questions from bidders and issue addenda if needed.
2. Construction Assistance shall consist of:
A. Two site visits during the course of construction.
B. An allowance of 8 hours of Civil Engineer time to process change orders,
instructions to the construction contractor, and/or interpretations of the
construction documents during construction.
C. One substantial completion (pre-final) observation punch list to provide
direction to the City of Bremerton and the construction contractor for
completion of the project.
D. A final inspection to verify that work is completed in accordance with
Drawings and Specifications.
3. Following construction, HDR shall prepare a set of Project Record Drawings
based on a set of redline as-built drawings maintained by the construction
contractor during construction.
Work Products:
1. Punch list and project record drawings
City Responsibilities:
1. Perform daily inspections as required by the bid documents.
2. Provide special inspection services as required by the bid documents.
3. Provide payments to contractor, and all remaining construction administration
work as required by the bid documents.
SERIES 500 TASKS - ADDITIONAL SERVICES
Task 501 -Additional Engineering Services
Additional engineering services will include specific tasks outside the scope of work
requested by the City during the course of the project. No work can be completed on
these tasks without prior written authorization by the City. Scope of services and budget
for each requested task will be defined prior to written authorization.
City of Bremerton
Brentwood Culvert
5
Exhibit A - Scope of Work
06/29/2007
EXffiBIT B - Estimate of Professional Services
Client:
Address:
Project Name:
Date:
Services:
City of Bremerton
3027 Olympus Drive, Bremerton, WA 98310
Brentwood Culvert Replacement
6/29/2007
Contact:
Tel/Fax:
Project Number:
Project Manager:
Brad Ginn, P.E.
360-473-5344
Type:
Activities:
Jason Hill, P.E.
Engineering Design
Preliminary Design
Construction Observer
Labor Costs
Total Total
Project Tasks :;; :;; <= g> " Hours Costs
'" ~ :;; ~ ~ ~ -Bl -~ cn-g by by
g -<= 11]::
ro -~ ~ ~ '" " '" .~ 1l Task Task
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(jj (jj " Q)
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JH MH IN MG TT RC GG SJ LB
Series 100 Project Management
Task 101 Project Management 3 4 7 751
Series 200 Culvert Construction Documents
Task 201 Preliminary Design Report
Survey Coordination 2 2 266
Hydrologic Data 32 32 4,000
Site Design 4 16 12 32 3,100
Utilities Coordination 4 4 440
Report Preparation 6 4 10 1,150
OPCC 6 6 630
Drawings 24 16 40 3,680
QA/QC 4 2 6 800
Task 202 Final Design
Drawings 32 16 48 4,320
Specifications 10 14 4 28 3,222
OPCC 6 6 630
QA/QC 4 2 6 800
Task 203 Penmitting NOT INCLUDED IN THIS SCOPE OF WORK
Series 300 Meetings
Task 301 Meetings
WDFW(1) 6 6 798
City of Bremerton (2) 8 8 1,064
Series 400 Construction Administration
Task 401 Bidding and Construciton Assistance
Techical Questions/Addenda 2 8 10 1,266
Pre-bid meeting 2 4 6 766
On-site observation (2 visits) 8 8 1,000
Interpretation/Changes 8 8 1,000
Pre-final and final inspections 8 8 1,000
As-built drawings 2 8 10 1,130
Task 501 -Additional Engineering Services 3500 3,500
Hours Subtotal 39 8 4 74 72 12 70 12 3500 273 --
Hourly Rate 133 135 130 125 80 105 110 88 56 -- --
Labor Cost Subtotal 5187 1080 520 9250 5760 1260 7700 1056 3500 -- 35,313
Other Direct Costs Quantity Rate Subtotal
T ravel Expense lump sum 1 {lump sum
Car Rental days I day
Mileage 120 miles 0.485 I mile 58
Airfare trips Itrip
Lodging & Per Diem days I day
Communications months I month
Copies 500 copies 0.10 Icopy 50
Plots 24 plots 3.00 Iplot 72
Tech. Cost Recovery 273 hrs 3.70 I hr 1,010
Miscellaneous lump sum /Iump sum
Total Labor Cost
Total Other Direct Costs
Total Project Cost
$35,313
$1,190
$36,503