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HomeMy WebLinkAbout4898Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: / � • �� 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 Page 2 of 6 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 Page 3 of 6 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 Page 5 of 6 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 � �� � 11 ���. 11 _.� �� . � . - �F � - ' � � � �;r►. � � ��� C � ►,� � � R:\LEGAL\Contracts\FORMS\Protessional Services Agreement Form (2003).doc — Att t: � �� „r'� / City Cle Bremerton/Perrone Consulting, Inc., P.S. Geotechnical Engineering Investigation for Lion's Park Restrooms Page 6 of 6 EXHIBIT A � � �� ;~ 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. '- �7 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. Page 7 of 7