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HomeMy WebLinkAbout4861 Contract Number: 4861 � Vendor: GEOENGINEERS Subject: � Lions Park Shoreline Mitigation Project Department: Park File Class: LEG 12-1 ' Begin Date: 11/10/2009 End Date: 05/10/2010 Review Date: 05/Ol/2010 Vault Date: Comments : PRO�ESSIONAL SERVICES AGREEMENT Lions Park Shoreline Mitigation Project The City of Bremerton ("City") and GeoEngineers ("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 October 29, 2009, 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 VII.G. 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 six months 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 $20,250. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit A and incorporated herein by this reference. The City shall pay within 30 days of receipt of invoice. 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 A. 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 A. 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. GeoEngineers Lions Park Mitigation Page 1 of 6 IV. 12elationship 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 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, 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 defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers hannless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, caused by or resulting from the negligent acts, errors, or omissions of Consultant in the performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. 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 WANER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: 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 perfortnance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. GeoEngineers Lions Park Mitigation Page 2 of 6 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 Liability 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 (XCL� if applicable; and employer's liability; and 3. Excess I.iability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/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 fortn of a duplicate of the insurance policy with all endorsements as evidence of coverage. 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 GeoEngineers Lions Park Mitigation Page 3 of 6 accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: 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 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 Port Orchard, 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. C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees and agents in the performance of the work hereunder and shall utilize all protection necessary for that purpose. Consultant shall impose the same safety requirements in their Agreements with their Subcontractors/Subconsultants as described herein. 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. D. Place of Work: The Consultant shall perform the work anthorized under this Agreement at its offices in Port Orchard, 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. E. 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. F. Severabilitv: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. GeoEngineers Lions Park Mitigation Page 4 of 6 H. 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 680 Lebo Blvd. Bremerton, WA 98310 Consultant Address GeoEngineers 1550 Woodridge Dr. SE Port Orchard, WA 98366 I. 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. J. Non-Waiver of Breach: The failure of the City to insist upon strict perfortnance 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. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. L. 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. M. Attornevs' 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. N. Assi�nment: 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 tertninating 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. GeoEngineers Lions Park Mitigation Page 5 of 6 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 Delavs: 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. Ri ng ts 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. CITY OF BREMERTON A!�/ � � By: its: �°�� s h i d c��v� Date: ('1l0�, lcJ�� ? G� � Approved as to form: remerton City Attorney R:\Legal\Legal\Contracts�P SA-Lions Park Shoreline Mitigation Project.doc CONSULTANT B its: ( Date: `1 1 v v � Attest: % D �� , City Cle GeoEngineers Lions Park Mitigation Page 6 of 6 �^x� ����� � GEOENGItdEER� October 28, 2009 City of Bremerton Parks and Recreation 680 Lebo Boulevard Bremerton, Washington 98310 Attention: Colette Berna • Subject: Revised Proposal Shoreline Mitigarion Specification and Maintenance Details and Habitat Management Plan Lions Park Shoreline Mitigation Project Bremerton, Washington File No. 0892-018-00 INTRODUCTION We are pleased to submit this proposal to prepare a Habitat Management Plan (HNIP), shoreline mitigation specification and maintenance details for the Lions Pazk Shoreline Mitigarion Project located at 251 Lebo Boulevard in Bremerton, Washington. As requested in your scope of work emailed to us on September 29, 2009, our services, as specifically outlined in this proposal, include specifications for plant removal (i.e., removal of invasive species and poplars), specifications for shoreline bank site preparation (i.e., soil amendments, fine grading, etc.), a shoreline maintenance plan and completion of an approved HIVVIP report in accordance with the Bremerton Municipal Code (BMC), and Critical Areas Ordinance (Chapter 20.14). It is our understanding that the HMP should include project activities and impacts associated with the restroom and picnic facilities located at the northwest end of Lions Park. Mitigation for impacts will encompass the entire shoreline of the park and will include removal of poplars and other invasive species, placement of woody debris and installation of native plant species. It is also our understanding that no work is proposed below the Ordinary High Water Mark (OHWM) of the marine shoreline. Based on our conversation on October 22, 2009, we have revised the defined tasks included in our original proposal dated October 9, 2009 to reduce the level of effort in Task 4(Shoreline Maintenance Plan), increase the level of effort for Task 5(Specifications and Drawings for Shoreline Mitigarion) to include CAD work related to specifications and drawings for shoreline mirigation (with the exceprion of planring plan drawings) and to reduce the impact area associated with the habitat management plan to those impacts associated with the restroom and picnic facilities located at the west end of Lions Park. During our conversation, we were also directed to consider the shoreline improvements as mitigation for the HNIP rather than a restoration project. SCOPE OF WORK TASK 1 — FILE REVIEW GeoEngineers will collect and review readily available information on the subject project, the United States. Fish and Wildlife Service National Wetland Inventory maps, United States Geological Survey maps, Washington State Department of Fish and Wildlife (WDFVV) Priority Habitats and Species (PHS) � �- City of Bremerton October 28, 2009 Page 2 maps, topographic maps, aerial photographs and other background information you provide. We will review a site map from you that clearly illustrates the boundaries of the property and proposed site features. We will collect a site map from you that clearly illustrates the mean higher high water mazk or OHWM as approved by City of Bremerton, the 200-foot shoreline jurisdiction and the shoreline buffer as required by BMC. TASK 2 — SITE ASSESSMENT We will conduct a site assessment to document fish and wildlife use, estuarine wetland areas on site or immediately adjacent to the site and saltwater shoreline condirions. The general amount and species of invasive plants, landscaped ornamental plants and native plants will be documented. Soils and topography will be generally documented as they relate to wetlands and/or fish and wildlife. Existing site conditions (existing impervious surfaces, existing buildings and land use, etc.) has been documented but will be photo-documerited for inclusion in our final HMP report. GeoEngineers will use the data collected in the field and data coll�ted during the file review to begin the reporting task (Task 6). During the site visit, we will consider shoreline banksite preparation and enhancement elements, large woody debris (LWD), boulders and backshore habitat (in prepararion for Task 5), plantings, and addirional mitigation needs for the project site. We will use this informarion to develop typical specificarions for enhancement or restorarion in response to habitat impacts (as appropriate). TASK 3— SPECIFICATIONS FOR PLANT REMOVAL We will develop a plan which will include specificarions methods and techniques for removal of existing invasive species, and poplars and re=planting of the shoreline buffer using the species list documented during our site assessment (Task 2). We expect that Scotch broom, Himalayan blackberry, reed canarygrass and poplars will be included in the removal plan at a minimum. The plan will be based on best available science available at the rime of the plan prepararion. The plan developed for each species will generally include photographs of the existing invasive species to be removed (obtained during Task 2 and from available stock photos), equipment needed for removal, approved herbicide treatments (if applicable), a step-by-step outline for removal techniques and guidelines for appropriate offsite disposal (to avoid contamination of other sites with invasives). This plan will be written for inirial removal of invasives and poplars which is to occur prior to project construction acrivities. TASK �L — SHORELINE MAINTENANCE PLAN We will develop a Shoreline Maintenance Plan which will include additional techniques for invasive plant �l removal on a long-term basis (after project completion) and for maintenance and care of plaxits installed �'- during the project. This plan will include a step-by-step approach to controlling poplar suckers, re-growth of existing invasive plants and new recruits. A general list of potenrial invasive species that may be introduced will be included but not detailed in a step by step approach. The plan will generally include: idenrificarion and photographs of installed plants (from available stock photos), periodic watering (irrigation), irash removal and vandalism repair, activities that should and should not occur within designated areas (i.e., mowing, weed-eating, vehicle use, herbicide use and spilUcontaminarion prevention measures). The plan will be based on best available science available at the t'vme of the plan preparation. While the above elements have not been changed from the original proposal, per your request we have revised the level of effort and budget for this task and will scale back the level of detail that will be included in each of the elements. File No. 0892-018-00 GEOENGINEER� City of Bremerton October 28, 2009 Page 3 TASK 5— SPECIFICATIONS AND DRAWINGS FOR SHORELINE MITIGATION Techniques andlor specifications for soil amendments, LWD placement, boulders and back shore habitat, and mulching will be prepared and provided to City of Bremerton Parks. Specifications will be prepared as typical treatments to shoreline buffer areas identified during the site assessment. The specifications will be provided to City of Bremerton Parks for inclusion into the plan set, which will be prepared by City of Bremerton Parks. City of Bremerton Parks will provide CAD work for planting plan drawings only. CAD work for cross sections and other specification details will be completed by GeoEngineers. It is our understanding that details for backshore habitat treatment areas will be provided to City of Bremerton Parks but will not be included in the HMP. TASK 6— HABITAT MANAGEMENT PLAN REPORT A draft and final HMP will be prepared and presented in a formal report. The HMP will incorporate the results of the file review (Task 1) and the data collected at the site (Task 2). Tasks 3, 4 and 5 will be prepared as standalone documents but will be included as Appendices to the HMP. The report will be created to meet the City of Bremerton requirements and will be written to facilitate client understanding of the HMP process, our findings, and recommendations. Specific components of the HMP will include: � Description of the proposed development in relation to percent impervious surface, proposed shoreline safeguards (fences, signs, restriction of construction activities etc.) and proposed buffer zones and habitat enhancements. It is our understanding that we will be provided a narrative of the project and general activities within the shoreline area which will serve as the basis of our project description. • Analysis and discussion on the project's effects on the critical habitat. The effort for this task has been revised to only reflect impact associated with the restroom and picnic facilities located at the west end of Lions Park. • An assessment and discussion on special management recommendations which have been developed for species or habitat located on the site by any federal or state agency. • Proposed shoreline enhancements, located along the entire shoreline of the park, which would minimize or avoid impacts to fish and/or wildlife habitat (including designs from Task 5). • Assessment and evaluation of the effectiveness of enhancement measures proposed as described above. • Assessment and evaluation of ongoing management practices which will protect critical fish and wildlife habitat after development of the project site, including proposed monitoring and maintenance programs (Tasks 3 and 4). The HMP report will include the necessary text and figures (vicinity, soils and NWI maps) to complete the project objectives and meet BMC requirements. We will provide City of Bremerton Parks native plant information needed to complete the planting drawings for the shoreline treatments on the property (i.e., species, density, size and spacing for the plants, installation and monitoring). The City of Bremerton Parks or authorized agent will be responsible for completing the actual draft and final landscape/planting drawings. For the purpose of this scope and fee estimate we have assumed that City of Bremerton Parks File No. 0892-018-00 GEOENGINEER� City of Bremerton October 28, 2009 Page 4 will provide the landscape/planting drawings, however we can support or complete necessary elements under a separate scope. This information along with a contingency planting plan for proposed shoreline mirigation will be included in the HMP report. SCHEDULE, TERMS AND BUDGET GeoEngineers is prepared to, begin work on this project upon your authorization to proceed. We can begin the field investigatiori on this project within 2 weeks of the award of this contract and provide you with a copy of the HMP withi� approximately 2 weeks of receiving the WDFW PHS maps. We propose to conduct our_ services on a time-and-material basis with the terms and rates described in our General Conditions and Schedule of Charges, which are attached and made part of this ,proposal. Please review, our General Conditions carefully and contact us if you have questions , or desire to modify our terms. Please note, that our limit of professional liability for this project is $50,000. Additional consulting services would be based on a separate scope and budget for your review and approval. This estimate does not, cover additional costs , that may be associated with penriitting, construction or implementation of developed plans. We estimate that our fee for the services described above will be $20,250, as follows: ' File No. 0891-018-00 CiEOENGINEER�