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PERRONE CONSULTING INC PS
Geotechnical Engineering Investigation - Lions Park
Engineering
LEG 12-1
03/25/2010
04/30/2010
05/Ol/2010
Comments:
PROFESSIONAL SERVICES AGREEMENT
Geotechnical Engineering Investigation for Lion's Park Restrooms
The City of Bremerton ("City") and Perrone Consulting Inc. ("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 March 2, 2010, 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 thirty (30) days upon execution of this
Agreement, provided however, that additional time shall be granted by the City far 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 $6,700.00. 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.
Geotechnical Engineering Investigation for Lion's Park Restrooms
Page 1 of 6
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 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 harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or 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 of indemnification.
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.
Bremerton/Perrone Consulting, Inc., P.S.
Geotechnical Engineering Investigation for Lion's Park Restrooms
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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 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 I.iabilitv 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 (XCU) if applicable; and employer's
liability; and
3. Excess Liabilitv 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
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 form of a duplicate of the insurance policy with all endorsements as
evidence of coverage.
Bremerton/Perrone Consulting, Inc., P.S.
Geotechnical Engineering Investigation for Lion's Park Restrooms
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VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and
documents shall be furnished in the time and form requested. Consultant shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. 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 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.
C. 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.
D. 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.
E. Entire A�reement: 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.
Bremerton/Perrone Consulting, Inc., P.S.
Geotechnical Engineering Investigation for Lion's Park Restrooms
Page 4 of 6
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.
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:
Eduardo Aban
City of Bremerton
3027 Olympus Drive
Bremerton, WA 98310
(360) 473-2317
Consultant Address:
Vincent J. Perrone
Perrone Consulting, Inc., P.S.
11220 Fieldstone Lane NE
Bainbridge Island, WA 98110
(206) 778-8074
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 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.
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. 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.
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
Bremerton/Perrone Consulting, Inc., P.S.
Geotechnical Engineering Investigation for Lion's Park Restrooms
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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.
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 Dela� 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 CONSULTANT
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Bremerton/Perrone Consulting, Inc., P.S.
Geotechnical Engineering Investigation for Lion's Park Restrooms
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EXHIBIT A
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PERRONE CONSULTING, INC., P.S.
Geofechnical & Underground Engineering
11220 Fieldstone Lane NE
Bainbridge Isiand, Washington 98110
Te1:206-778-8074 Fax:206-780-5669
wv�w.perroncconsulting,com
March 2, 2010
Ed Aban
City of Bremerton Department of Public Works
3027 Olympus Drive
Bremerton, Washington 98310
Subject: Proposal for Geotechnical Engineering Investigation
Lion's Park Restrooms
Bremerton, Washington
Dear Mr. Aban:
Perrone Consulting Inc. is pleased to submit this proposal to provide geotechnical engineering
services for 2 proposed restrooms and a picnic shelter at Lion's Pa�k in Bremerton, Washington. This
proposal is based upon our conversations with you and a review of shallow test pit logs.
The site is located adjacent to Washington Narrows waterway on Lebo Boulevard. The topography is
relatively flat at about elevation 17 ft. and Mean Higher High Water Level is estimated to be at about
elevation 12 ft. The waterfront park is mainly open space with a ball field, tennis courts at the west
end, walking trails, and a boat launch at the east end. Settlement and cracking of the tennis courts
reportedly occurred during the 2001 Nisqually earthquake.
We understand that the project consists of constructing a 20 by 30 ft restroom at the east end of the
park and near the center of the park, and a picnic shelter near the waterfront. The restrooms will
consist of concrete block walls with a concrete floor slab. The picnic shelter will consist of an open
structure with a column supported roof.
Based on the existing test pit information, published geologic information, and photographs taken in
the 1940's we anticipate that the proposed building areas are underlain by fill over estuarine deposits
above dense glacial deposits. The thickness and density of the existing fill was not reported in the
previous test pit explorations. Groundwater levels are expected to be influenced by tidal levels.
Previous measurements indicate that groundwater in the center of the park was about 1 ft above tidal
level.
SCOPE OF SERVICE3
The purpose of our geotechnical investigation will be to evaluate subsurface conditions at each of the
3 structures and to provide geotechnical recommendations for foundation design. We anticipate that
foundations could consist of either spread footings or piles depending on whether the soils are
susceptible to liquefaction. Specifically we propose the foltowing scope of services:
1. Request bids from drilling subcontractors to drill 3 or 4 borings to depths of 15 to 20 feet using
hollow stem auger methods. Total drilled footage will be about 50 to 75 feet. Soil samples will
be obtained 2-1/2 to 5-foot intervals using a driven split spoon sampler (ASTM D1586).
2. An engineer or geologist from Perrone Consulting, Inc. will coordinate the field activities, log
the boreholes during drilling, obtain selected samples, and classify the materials encountered
in accordance with the Unified Soil Classification system (ASTM D2488}.
C.1Proposals120101Lion's ParklAban030210.docx
EXHIBIT A PAGE 2
City of Br�merton
March 2, 2010
Page 2 of 7
3. Perform geotechnicai engineering analyses as a basis for foundation design
recommendations including:
• Assessment of seismic hazards including liquefaction potential and geotechnical
seismic design parameters based the International Building Code.
• Suitable foundation support systems and their allowable vertical and lateral capacities
and estimated total and differential settlements.
• Slab on grade coefficient of subgrade reaction and subgrade preparation.
• Earthwork considerations including site grading, suitability of using on-site soils for
engineered fill, fill placement and compaction requirements, foundation and siab on
grade subgrade preparation and, temporary excavation slopes.
4. Prepare and submit three copies of our geotechnical report that summarizes the site
explorations and geotechnical engineering recommendations. The report will include a site
and exploration plan, and the boring logs.
FEE BASIS
We propose to provide the above scope of services on a time and expense basis in accordance with
the attached "Terms for Geotechnical Engineering Services," which is a part of this agreement. The
estimated cost of the scope of services outlined above will be approximately $6,000 to $6,700. The
actual fee will depend upon subsurface conditions and the duration and difficulty of drilling. The cost
breakdown for each major task is as follows:
Task Cost
Field Investigation
Drilling Subcontractor $2,500 to $3,000
Field Engineering $700 to $900
Engineering Analyses & Reporting $2,800
TOTAL COST $6,000 to $6,700
This cost estimate assumes that the City of Bremerton will locate all buried uti►ities prior to the driller's
ar�ival at the site and that soil cuttings may be left at the borehole iocation.
In the event that project requirements change or unforeseen conditions are encountered which require
additional work beyond the agreed scope of work, we will bring these to your attention and request
your approval for an addendum to the contract cost.
SCHEDULE
Based on the driller's current schedule, we are prepared to begin work on this project during the week
of March 8, 2010. Upon completion of the borings, we could provide you with engineering
recommendations in about 1 week and followed 1 week later by our final report.
CLOSURE
If the scope of work and arrangements indicated above are satisfactory, you may authorize us to
proceed by signing one copy of this proposal in the space provided below and returning it to us.
Thank you for inviting us to participate in this project. If you have any questions or need additional
information, please contact us.
PERRONE CONSULTING, INC., P.S.
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EXHIBIT B
PERRONE CONSULTING, INC., P.S.
Geotech»icaf & 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
Professiona! Service
Expert Testimony .......................................... ..........
Litigation and Expert Consuttation ...... ...... ... ...............
Engineering Design, Analyses, Consultation & Reporting
Project Management ...............................................
Field Engineering ....................................................
Technical Illustration and Boring Logs ..........................
Clerical Services .....................................................
Billing Rate
... $230.00
.... $180.00
.... $150.00
..... $120.00
..... $95.00
...... $75.00
..... $50.00
The hourly billing rates are based on the limitation of liability provisions as contained in the "Terms for
Geotechnical Engineering Services."
Expenses
1. Subcontract services and exploration expenses (drilling, trenching etc.) are billed at cost plus a
15% handling fee.
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 a 15% handling
fee.
3. Automobile expenses are charged at cost plus 15% or at a rate of $0.585 per mile for travel
between o�ce and project.
4. Other out-of-pocket direct project expenses (mailing, reproduction, field supplies, etc.) are charged
at cost plus a 15% handling fee.
5. Permits will be charged at cost.
Involces
Invoices are submitted to the client on a monthly basis. tnvoices will show charges for each
category of personnel and expense classification.
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.
Attorneys' fees or other costs incurred in collecting any delinquent amount shall be paid by Client.
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