HomeMy WebLinkAbout4852 Contract Number: 4852
Vendor: CULTURAL RESOURCE CONSULTANTS�INC
Subject: Cultural Resources Assessment - ll St & Warren Ave
Department: Engineering
File Class: LEG 12-1
Begin Date: 09/21/2009
End Date: 10/21/2009
Review Date: 02/15/2011
Vault Date: O1/O1/2011
Comments: STPUS-0303010
Consultant Agreement
for Cultural Resource Assessment
Federal Aid No. STPUS-03030 1 0
CONSULTANT AGREEMENT FOR CULTURAL RESOURCE ASSESSMENT
THIS AGREEMENT, made and entered into on this 2-151- day of $e..~~\.. ,2009, by and
between the CITY of BREMER TON, Washington, hereinafter called the "AGENCY", and the consulting
firm of CULTURAL RESOURCE CONSULTANTS, INC._whose address is 710 Ericksen Avenue, Suite
100, Bainbridge Island, W A 98110, the location in Washington State at which work will be available for
inspection, hereinafter called the "CONSULTANT".
WHEREAS, the AGENCY has not sufficient qualified employees to accomplish the Cultural Resource
Assessment on this proposed contract and the AGENCY deems it advisable and is desirous of engaging the
professional services and assistance of a qualified consulting firm to provide the necessary acquisition
services, and
WHEREAS, the CONSULTANT has indicated that he desires to do the work set forth in the Agreement
upon the terms and conditions set forth herein.
NOT, THEREFORE, in consideration of the terms, conditions, covenants, and performances contained
herein below, the parties hereto agree as follows:
I PROJECT IDENTIFICATION
The project is entitled: SR 303 Corridor: 11th Street at Warren Avenue.
The property is located in: Section 14, Township 24 North, Range I East, W.M., City of Bremerton, Kitsap
County, Washington State (Section, Township, and Range).
The project consists of five parcel(s) of real property to be acquired for highway purposes, and as shown in
Table A below and the AGENCY right-of-way plans which is made reference to and made a part of this
contract.
No. Tax Parcel No. Owner
1 3804000010905 City ofBremerton
2 38040080010103 Lott
3 38040080010400 Krueger
4 38040080010301 Pickard
5 38040080010004 Blevins
6 37540000170102 Dingle
II SCOPE OF WORK
The CONSULTANT shall complete a cultural resources assessment and historical inventory of the
properties on behalf of the AGENCY in accordance with the requirements of36CFR800.4(a)(4) and
Section 106 of the National Historic Preservation Act, which by this reference is made a part of this
Agreement.
The service rendered by the CONSULTANT shall be as follows:
Review of the site and history, completion of a survey report.
III OBLIGATIONS OF CONSULTANT
A. CONSULTANT shall prepare a technical memo describing background research, field methods, result
of investigations, and management recommendations for the properties listed. The report will provide
supporting documentation of findings, including maps and photographs, and will conform to
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Washington Department of Archaeology and Historic Preservation (DAHP) reporting standards. This
memo will be forwarded by the AGENCY to WSDOT and DAHP for their review and acceptance
B. CONSULTANT shall conduct a recorded sites files search at the DAHP; review of relevant
correspondence between the project proponent, stakeholders and DAHP; and, review of pertinent
environmental, archaeological, ethnographic and historical information appropriate to the project area.
C. CONSULTANT shall abide by decisions made by the AGENCY on questions concerning acceptability
of work performed on the project. All decisions made by the AGENCY are final.
D. CONSULTANT shall correct any deficient work performed by him or his employees on the project
and deliver corrected work to the AGENCY at his own expense. Corrected work shall be delivered to
the AGENCY within 14 days from the date of request.
E. CONSULTANT shall remove any employee from assignment to this project immediately upon written
request by the AGENCY.
F. The CONSULTANT agrees to make available for inspection and audit all records of this Agreement to
the Agency, state, and federal governments at any time during the term of this Agreement and for a
period of three years from the date offmal payment.
G. CONSULTANT shall be available for consultation with AGENCY, state and federal representatives
after said completion of this Agreement should the need arise. Said consultation shall be a part of this
Agreement if it has to do with explanation of costs and settlement and be of no further cost to the
AGENCY.
IV OBLIGATIONS OF AGENCY
A. AGENCY shall furnish a description of the project scope. This includes a statement defining the
overall goal of the project, expected dates of construction, general methodologies proposed for
construction and projected means to address environmental mitigation requirements.
(If any of the above are to be a part of CONSULTANTS obligations then remove.)
B. The AGENCY shall furnish documentation of communications with WSDOT and DAHP.
C. The AGENCY shall review and accept (approved) or reject any work performed by the
CONSULTANT on the project in ten (5) days or less from the date of receipt by the AGENCY.
D. Send introduction letters to property owners as necessary and coordinate with the CONSULTANTS
for the on-site inspections.
V COMPENSATION
A. The CONSULTANT shall be paid on a (day/mo) basis for work satisfactorily completed based upon
the specified rates as shown in Exhibit A, and such rates will be applicable throughout the life of the
Agreement.
B. The CONSULTANT shall on or before the first day of each month, invoice the AGENCY for services
rendered during the previous month identifying the project, parcels worked on, and days worked.
CONSULTANT will also provide a written progress report on this project on a monthly basis.
C. The total reimbursement of compensation and expenses for services under provisions of this
Agreement is estimated to be: $6,250. The amount shall not be exceeded without execution of an
amendment to this Agreement.
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VI TIME OF BEGINNING AND COMPLETION
A. The CONSULTANT shall begin work under the terms of this Agreement immediately upon signing of
this argreement. The time required, in calendar days, for completion of all work under this Agreement
shall be 30 days.
Established completion time shall not be extended because of any unwarranted delays attributable to
the CONSULTANT, but may be extended by the AGENCY or because of unavoidable delays caused
by an act of God or governmental actions or other conditions beyond the control of the
CONSULTANT.
B. Upon completion of this Agreement all documents and records shall be turned over to the AGENCY.
VII AMENDMENTS AND REVISIONS
Should the AGENCY make changes within the scope of this Agreement by giving notice to
CONSULTANT and subsequently confIrming such changes in writing. If such changes affect the cost
of or the time required for performance of this Agreement, an appropriate adjustment shall be made.
No change by CONSULTANT shall be recognized without written approval by the AGENCY.
Nothing in this article shall excuse CONSULTANT from proceeding with performance of the
Agreement as changed hereunder. All changes shall be submitted as an amendment to the basic
Agreement and approved by the State of Washington, Department of Transportation, before the work
is undertaken in order to become eligible for federal participation.
VIII ASSIGNMENT OF AGREEMENT
CONSULTANT shall not assign this Agreement in whole or in part, nor shall CONSULTANT
subcontract any of the work to be performed herein without the prior written consent of the AGENCY.
IX TERMINATION OF CONTRACT
A. Agency may terminate this contract by notifying CONSULTANT 14 days in advance of termination in
writing by CertifIed Mail of its intentions so to do at any time and for any reason whatsoever. In the
event of such termination, AGENCY shall be obligated to reimburse CONSULTANT for services
performed and expenses incurred to date of termination at the rates set forth under Article V herein,
less prior interim payments, if any. Upon payment of such sums, AGENCY shall be discharged from
all liability to the CONSULTANT hereunder and this Agreement shall be considered terminated unless
extended in writing by mutual agreement between parties hereto.
B. Upon termination of contract under Paragraph A above, all documents, records, and file materials shall
be turned over to the AGENCY by the CONSULTANT.
C. All services to be rendered under this contract shall be subject to direction and approval of the
AGENCY.
X EMPLOYMENT
The CONSULTANT warrants that he had not employed or retained any company or person, other than
a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement and
that he has not paid or agreed to pay any company or person, other than a bona fIde employee working
solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making of this contract. For breach or
violation of this warranty, the AGENCY shall have the right to annul this Agreement without liability
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or, in its discretion, to deduct from the Agreement price or consideration or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT, while engaged in the performance of any work or
services required by the CONSULTANT under this Agreement, shall be considered employees of the
CONSULTANT only and not of the AGENCY and any and all claims that mayor might arise under
the Workman's Compensation Act on behalf of said employees, while so engaged and any and all
claims made by a third party as a consequence of any negligent act or omission on the part of the
CONSULTANT's employees, while so engaged on any of the work or services provided to be
rendered herein, shall be the sole obligation and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full or part-time basis, or other basis, during the period of
the Agreement, any professional or technical personnel who are, or have been at any time during the
period of this Agreement, in the employ of the FHW A, state or AGENCY, except regularly retired
employees, without written consent of the public employer of such person.
If during the time period of this Agreement, the CONSULTANT finds it necessary to increase his
professional, technical or clerical staff as a result of this work, he will actively solicit minorities
through his advertisement and interview process.
During the performance of this Agreement, the CONSULTANT, for itself, its assignees and successors
in interest, hereinafter referred to as the CONSULTANT, agrees as follows:
A. COMPLIANCE WITH REGULATIONS: The CONSULTANT will comply with the regulation of the
Department of Transportation relative to nondiscrimination in federally-assisted programs of the
Department of Transportation Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as
the Regulations, which are herein incorporated by reference and made a part of the Agreement.
B. NONDISCRIMINATION: The CONSULTANT, with regard to the work performed by it, will not
discriminate on the grounds of race, religion, color, national origin, or sex in the selection and retention
of subcontractors, including procurements of materials and leases of equipment. The CONSULTANT
will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices, when the contract covers a program set forth in
Appendix A-II of the Regulations.
C. SOLICITATION FOR SUBCONTRACTORS, 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
equipment, each potential subcontractor or supplier shall be notified by the CONSULT ANT of the
CONSULTANT obligations under this contract and the Regulations relative to nondiscrimination on
the ground of race, religion, color, national origin, or sex.
D. INFORMATION AND REPORTS: The CONSULTANT will provide all information and reports
required by the Regulations, or orders and instructions issued pursuant thereto and will permit access
to its books, records, accounts, other sources of information, and its facilities as may be determined by
the AGENCY or the FHW A to be pertinent to ascertain compliance with such Regulations, orders, and
instructions. Where any information required by a CONSULTANT is in the exclusive possession of
another who fails or refuses to furnish this information, the CONSULT ANT shall so certify to the
AGENCY or the FHW A as appropriate and shall set forth what efforts it has made to obtain the
information.
E. SANCTIONS FOR NONCOMPLIANCE: In the event of the CONSULTANT's noncompliance with
the discrimination provisions of this contract, the AGENCY shall impose such contract sanctions as it
or the FHW A may determine to be appropriate, including, but not limited to:
1. Withholding of payments to the CONSULTANT under the contract until the CONSULTANT
complies and/or
2. Cancellation, termination, or suspension ofthe contract in whole or part.
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F. INCORPORATION OF PROVISIONS: The CONSULTANT will include the provisions of paragraph
(A) through (F) in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The CONSULTANT
will take action with respect to any subcontract or procurement as the AGENCY or the FHW A may
direct as a means of enforcing such provisions, including sanctions for noncompliance; PROVIDED,
HOWEVER, that, in the event a CONSULTANT becomes involved in, or is threatened with, litigation
with a subcontractor or supplier as a result of such direction, the CONSULTANT may request the
AGENCY to enter into such litigation to protect the interest of the AGENCY and, in addition, the
CONSULTANT may request the United States to enter into such litigation to protect the interest of the
United States.
XI INSURANCE
Prior to beginning work under this Agreement, CONSULTANT shall provide evidence that policies
providing the following coverage and limits of insurance are in full force and effect.
A. GENERAL COMPREHENSIVE LIABILITY: With respect to liability for injuries to or death of
persons and with respect to liability for destruction of or damage to property, the insurance coverage
shall be $500,000 combined single limit and such coverage shall include the special provisions listed
below:
1. The AGENCY shall be as an additional insured and the coverage shall be applicable to and protect the
AGENCY from liability arising from or relating to CONSULTANT's activities relating to this
Agreement. Such insurance shall be primary and other insurance maintained or carried by the
AGENCY shall be separate and distinct and shall not be contributing with the insurance listed
hereunder.
2. Such insurance shall include a "Cross Liability" or "Severability ofInterest" clause.
3. Such insurance shall not include explosion, collapse, or underground exclusions commonly referred to
as the "XCU" hazards.
B. AUTOMOBILE COMPREHENSIVE LIABILITY: With respect to liability for injury to or death of
persons and with respect to liability for destruction of or damage to property, the AGENCY shall be
insured and the insurance coverage shall be $500,000 combined single limit. Such insurance shall be
primary and other insurance maintained or carried by the AGENCY shall be separate and distinct and
shall not be contributing with the insurance listed hereunder.
Failure of either or all of the insured to report a claim under such insurance shall not prejudice the
rights ofthe AGENCY thereunder. The AGENCY will have no obligation for the payments of
premiums because of its being an insured under such insurance. None of the policies issued pursuant
to the requirements contained herein shall be cancelled, allowed to expire, or changed in any manner
so as to affect the rights of the AGENCY thereunder until thirty (30) days after written notice of such
intended cancellation, expiration, or change.
XII WAGE AND HOURS LAW COMPLAINCE
CONSULTANT shall comply with all applicable provisions of the Fair Labor Standards Act and any
other legislation affecting its employees and the rules and regulations issued thereunder insofar as
applicable to its employees and shall at all times save the AGENCY free, clear, and harmless from all
actions, claims, and expenses arising out of said Act and rules and regulations that are or may be
promulgated in connection herewith.
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XIII SOCIAL SECURITY AND OTHER TAXES
CONSULTANT assumes full responsibility for the payment of all payroll taxes, use, sales, income, or
other form of taxes, fee licenses, excises, or payments required by any city, county, federal, or state
legislation which are now or may during the term of the Agreement be enacted as to all persons
employed by the CONSULTANT and as to all duties, activities, and requirements by the
CONSULTANT in performance of the work on this project and under this contract and shall assume
exclusive liability therefore, and meet all requirements thereunder pursuant to any rules or regulations.
XIV DAMAGE CLAIMS
CONSULTANT shall indenmify and hold harmless the AGENCY from and against all claims for any
and all damage, including but not limited to claims for damage to property or claims of
misrepresentation in negotiations, due to negligence of the CONSULTANT or its employees including
court costs and attorney's fees, if any.
XV CONTENT AND UNDERSTANDING
This Agreement contains the complete and integrated understanding and agreement between the parties
and supersedes any understanding, agreement, or negotiation whether oral or written not set forth
herein or in written amendments hereto duly executed by both parties.
XVI ATTORNEY'S FEES
If the AGENCY brings any action or suit relating to the enforcement of this Agreement or asking for
any relief against CONSULTANT, declaratory or otherwise, arising out of this Agreement or if
CONSULT ANT brings any action or suit against the AGENCY, declaratory or otherwise, arising out
of this Agreement, then the prevailing party in any of these events shall be paid at reasonable
attorney's fees and costs and expenses expended or incurred in connection with any such suit or action.
XVII INDEPENDENT CONTRACTOR
The CONSULTANT shall at all times be an independent contractor and not an employee of the
AGENCY, and shall not be entitled to compensation or benefits of any kind except as specifically
provided for herein.
XVIII NOTICES
Any notice given by either party to the other hereunder shall be served, if delivered in person, to the
office of the representative authorized and designated in writing to act for the respective party, or if
deposited in the mail, properly stamped with the required postage and addressed to the office of such
representative as indicated in this Agreement. Either party hereto shall have the right to change any
representative or address it may have given to the other party by giving such other party due notice in
writing of such change.
XIX CONFLICT OF INTEREST
The CONSULTANT hereby affirms that he has no present or contemplated future personal interest in
the property, which is the subject matter of this Agreement.
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xx GOVERNING LAW
This Agreement and the rights and obligations of the parties hereunder shall be governed by the laws
of the State of Washington.
XXI AUTHORIZED REPRESENTATIVE
In performing the services defined herein, CONSULTANT shall report to:
Telephone Number
CONSULTANT's Representative is:
Telephone Number:
Email address
Glenn Hartmann, Principal
206.855.9020
info@crcwa.com
XXII APPROVAL OF AGREEMENT
This Agreement shall become effective upon execution by the parties hereto.
City of Bremerton (Agency)
By:
By:
NW Regional Manager
(Title)
APPROVED FOR USE:
APPROVED AS TO FORM:
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Subconsultant Fee Determination - Summary Sheet
Project: Warren Ave/11th Street
CRC #: 0909H City of Bremerton
Direct Labor Cost
Classifications Labor Hours x Rate =
Principal Investigator 5.0 $ 52.50 $
Project Archaeologist I 0.0 $ 28.67 $
Project Archaeologist II 0.0 $ 25.31 $
Project Archaeologist III 0.0 $ 22.66 $
Field Archaeologist 0.0 $ 18.00 $
Project Historian 80.0 $ 28,67 $
Office Manager 3.0 $ 25.91 $
Office Assistant 0.0 $ 14.00 $
88.0 $
Overhead (OH Cost - - including Salary Additives):
OH Rate X DLC of: 110% %x$ $ 2/633.83
Fixed Fee (FF):
FF Rate x DLC of:
20.00% %x$ $ 2,633.83
Reirnbursables:
Photo & Graphic Supplies
Lodging:
Per Diem:
Mileage:
Grand Total:
Prepared by: Teresa Peterson, Office r-1anager Date:
DOT Form 140..089 EF Exhibit G'l
Cost
262.50
.;.
2,293.60
77.73
2,633.83
$
2{897.21
$
526.77
$ 100.00
$
$
$ 92.19
$ 192.19
$ 6{250.00
15-Sep-09