HomeMy WebLinkAbout4740
Contract Number: 4740
Vendor: PERRONE CONSULTING INC PS
Subject: Geotechnical Svcs - 5000 Road/Casad Reservoir Slumps
Department: Forestry
File Class: LEG 12-1
Begin Date: 07/10/2008
End Date: 09/30/2008
Review Date: 02/15/2010
Vault Date: 01/01/2010
Comments:
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PROFESSIONAL SERVICES AGREEMENT
5000 Road/Casad Reservoir Slumps (PW-I05 and PW-1344) Geotechnical Services
The City of Bremerton ("City") and Perrone Consulting, Inc., P.S. ("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 May 22, 2008, 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 VILK. 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.
II. Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement. The parties agree that the work
described in Exhibit A is to be completed within sixty (60) days upon execution of this
Agreement, provided however, that additional time shall be granted by the City for excusable
delays or extra work as provided for in section IX (A) of this Agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $7,900.00. 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 statements detailing work performed and
amount charged on each task or portion thereof. The descriptions shall conform to and fall
within the categories set out in the Scope of Work and/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 II 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.
Bremerton/Perrone Consulting, Inc., P.S.
5000 Road-Casad Res. Geotechnical Services
Page 1 of 10
IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its
field of expertise. Consultant and its personnel are independent Consultants and not employees
of the City. Consultant and its personnel have no authority to bind the City or to control the
City's employees and other Consultants. None of the benefits provided by the City to its
employees, including, but not limited to, compensation, insurance, and unemployment insurance
are available from the City to the employees, agents, representatives, or sub-Consultants of the
Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of
Consultant's agents, employees, representatives and sub-Consultants during the performance of
this Agreement. The City may, during the term of this Agreement, engage other independent
Consultants to perform the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed all exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant.
V. Indemnification: Consultant shall 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 reasonable attorney fees, arising out of Consultant's negligent
acts, errors or omissions in connection with the performance of this Agreement, except for that
portion of the injuries and damages caused by the City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants ofindernnification.
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.
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.
BremertonlPerrone Consulting, Inc., P.S.
5000 Road-Casad Res. Geotechnical Services
Page 2 of 10
VI. The Consultant shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work. hereunder by the Consultant, its agents,
representatives, employees, 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 Liabilitv 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 (XCD) 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 Liabilitv insurance with limits no less than $1,000,000 limit per 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, return receipt requested, of
any cancellation, suspension or material change in coverage.
The City also reserves its unqualified right to require at any time and for any reason,
proof of coverage in the form of a duplicate of the insurance policy with all endorsements as
evidence of coverage.
BremertonlPerrone Consulting, Inc., P.S.
5000 Road-Casad Res. Geotechnical Services
Page 3 of 10
VII. General Conditions:
A. Standard of Care: City recognizes that subsurface conditions may vary from those
observed at locations where borings, surveys, or explorations are made, and that site conditions
may change with time. Data, interpretations, and recommendation by Consultant will be based
solely on information available to Consultant. Consultant is responsible for those data,
interpretations, and recommendations, but will not be responsible for the interpretation or use of
the information developed by any other persons or entities.
Services performed by Consultant under this Agreement shall be conducted in a manner
consistent with the level of care and skill ordinarily exercised by members of the geotechnical
engineering profession practicing contemporaneously under similar conditions in the locality of
the project. No other warranty, express or implied, is made in connection with the providing of
geotechnical engineering services.
B. Site Access and Conditions: City warrants to Consultant that it has full legal right to
authorize Consultant to enter upon the real property where Consultant services are . to be
performed (the "Site") and upon all property, if any, required for ingress and egress to the Site.
City authorizes Consultant to enter upon the Site and such adjoining property as is necessary to
allow Consultant to perform its services.
C. Sample Disposal: Consultant will retain all samples of soil, rock or other materials
obtained in the course of performing its services for a period of thirty (30) days after submission
of the report covering those samples. Thereafter, further storage or transfer of samples to City
may be made at City's expense upon written request from City to Consultant received by
Consultant prior to the expiration of the 30-day period. Unless written request is timely made,
Consultant will dispose of such samples without liability of any kind to City.
E. 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.
F. Ownership and Use of Records and Documents: Consultant will retain all pertinent
records relating to the Services for a period of two (2) years following submission of a report by
Consultant, during which period the records will be made available to the City for inspection and
copying at City's expense at reasonable times, provided that full payment of Consultant fees and
expenses has been made and the consent of Consultant has been obtained.
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
BremertonJPerrone Consulting, Inc., P.S.
5000 Road-Casad Res. Geotechnical Services
Page 4 of 10
by the Consultant from 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 Bainbridge Island, 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.
G. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents, and sub-consultants in the
performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the
work.
H. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Bainbridge Island, Washington. Meetings with the City staff as
described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations
mutually agreed upon by the parties.
I. 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.
J. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
K. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
Bremerton/Perrone Consulting, Inc., P.S.
5000 Road-Casad Res. Geotechnical Services
Page 5 of 10
L. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1 st 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
City of Bremerton
Bill McKinney, Forestry Manager
3027 Olympus Drive
Bremerton, WA 98310
Consultant Address
Perrone Consulting, Inc., P.S.
Vincent 1. Perrone, Ph.D., P.E.
11220 Fieldstone Lane NE
Bainbridge Island, W A 98110
M. 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.
N. 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.
O. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
P. 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.
Q. 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.
R. Assignment: Any assignment of this Agreement by the Contractor 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, disability, or
sexual orientation except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
for convenience. 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. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work
current through the termination date.
BremertonlPerrone Consulting, Inc., P.S.
5000 Road-Casad Res. Geotechnical Services
Page 6 of 10
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.
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.
CONSULTANT
Att~cf.io/u?
City Clerk
BremertonlPerrone Consulting, Inc., P .S.
5000 Road-Casad Res. Geotechnical Services
Page 7 of 10
EXHIBIT A
PERRONE CONSULTING, INC., P.S.
Geotechnical & Underground Engineering
11220 Fieldstone Lane NE
Bainbridge Island. Washington 98110
Tel: 206-778-8074 Fax: 206-780-5669
www.perroneconsulting.com
May 28,2008
Mr. Bill McKinney
City of Bremerton
3027 Olympus Drive
Bremerton, Washington 98310
Subject: Proposal for Geotechnical Services
Watershed Road 5000 Landslides
Bremerton, Washington
Dear Mr. McKinney:
In response to your request we are submitting this proposal to provide geotechnical consultation for 2
road embankment failures on Watershed Road 5000 in Bremerton, Washington. This proposal is
based upon our telephone conversations, a review of FEMA project worksheet dated March 26, 2008,
and a few site photographs.
We understand that the embankment slope failures occurred during the December 2007 rainstorms on
a two-lane, gravel road that leads to Casad dam. Road failure PW-1344 was estimated to be 36 ft
wide by 70 ft high. The road was apparently benched into the bedrock hillside with the outboard side
of the road consisting of excavated material. Road failure PW-1 05 is located about y.. mile north of
Casad dam and was about 100 ft wide by 100 ft down the slope.
Preliminary repair options for landslide PW-1344 consist of regrading the damaged slope with
compacted structural fill. Repair options for the PW-105 landslide include constructing a soldier pile
retaining wall to support the outboard edge of the road embankment or relocating the road further into
the bedrock hillside.
The purpose of our services will be to evaluate site conditions and provide preliminary conceptual
geotechnical engineering recommendations for feasible repair alternatives. Specifically we propose to
provide the following services:
1. Conduct a site reconnaissance of the embankments and evaluate existing geologic conditions.
2. Review available geologic or subsurface information for this area.
3. Review the currently proposed restoration plans and, if appropriate, provide recommended
modifications or additions to the proposed plans.
4. Compare the relative advantages and disadvantages of each plan. A detailed cost estimate is
not part of this proposal.
5. Prepare a letter report that summarizes the results of our evaluations.
6. Attend one meeting to discuss repair options.
We proposed to provide these services on a time and expense basis in accordance with our attached
Schedule of Fees. For this scope work, we estimate a cost of $7,900. If additional services are
required, beyond this scope of work and budget, we would notify you and request authorization before
proceeding with the additional work.
BremertonlPerrone Consulting, Inc., P.S.
5000 Road-Casad Res. Geotechnical Services
Page 8 of 10
. .
Mr. Bill McKinney
May 28, 2008
Page 2 of 3
We look forward to assisting you with this project. If you have any questions or need additional
information, please contact us.
Sincerely,
PERRONE CONSULTING, INC., P.S.
Vincent J. Perrone, Ph.D., P.E.
Geotechnical Engineering Consultant
Enclosure: Fee Schedule
BremertonIPerrone Consulting, Inc., P.S.
5000 Road-Casad Res. Geotechnical Services
Page 9 of 10
,
, .
EXHIBIT B
PERRONE CONSULTING, INC., P.S.
Geotechnical & Underground Engineering
FEE SCHEDULE
The "Fee Schedule" is subject to annual adjustment. Charges for our services are based on the
Fee Schedule in effect at the time the services are provided.
Hourly Charges for Personnel
Professional Service Billing Rate
Expert Testimony..... ....... ............. .......... ..... ....... ..... ... $220.00
Litigation and Expert Consultation .................................. $170.00
Engineering Design, Analyses, Consultation & Reporting ..... $145.00
Project Management..... .................. .............. ............... $115.00
Field Engineering ..... ... .... ............ ........... ..... .... ... ..... ..... $95.00
Technical Illustration ..................................................... $70.00
Clerical Services ........ ..... .................... ........ ........ ......... $50.00
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Tho hourly billing r3tm: 3ro bawd on tho limitation of liability provisions 05 containcd in thc ~ I ~
"Tern ,3 for CC5tcchflicfll Cngincering Servioes."
Expenses
1. Subcontract services and exploration expenses (drilling, trenching etc.) are billed at cost plus
15%.
2. Travel and subsistence expenses (transportation, room and board, etc.) for individuals on
projects requiring travel and/or living away from the principal office are charged at cost plus
15%.
3. Automobile expenses are charged at cost plus 15% or at a rate of $0.505 per mile for travel
between office and project.
4. Other out-of-pocket direct project expenses (mailing, reproduction, field supplies, etc.) are
charged at cost plus 15%.
5. Permits will be charged at cost.
Invoices
1. Invoices are submitted to the client on a monthly basis. Invoices will show charges for each
category of personnel and expense classification.
2. Payment is due upon presentation of invoice and is past due fourteen (14) days from invoice
date. In the event Client fails to make any payment to Perrone Consulting, Inc. when due,
Perrone Consulting, Inc. may immediately cease work until the payment, together with a
service charge at the rate of eighteen (18) percent per annum (but not exceeding the
maximum allowed by law) from the due date, has been received. Further, Perrone
Consulting, Inc. may at its sole option and discretion refuse to perform any further work
irrespective of payment from Client in the event Client fails to pay Perrone Consulting within
14 days of the invoice date for services rendered.
3. Attorneys' fees or other costs incurred in collecting any delinquent amount shall be paid by
Client.
Bremerton/Perrone Consulting, Inc., P .S.
5000 Road-Casad Res. Geotechnical Services
Page 10 of 10