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�