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HomeMy WebLinkAbout4645 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 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 ::;; w "g> Q) :;; .'" ~ .'" <0: e ro .~ "" Q) Q) D- <= Q) 1:3 .;;; w :u _~ 0 '" 0 " .Q C,,) Q) 0 <= Q) " ~ .~ 'e- .;;; 10 g .;;; w .;;; -e- o (jj (jj " Q) D- o S:W 0 0 D- s: <0:00 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