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HomeMy WebLinkAbout4932Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 4 932 CULTURAL RESOURCE CONSULTANTS INC UV Treatment Facility Project No 4373 Engineering LEG 12-1 5/27/2010 7/31/2010 9/1/2010 Comments : PROFESSIONAL SERVICES AGREEMENT UV Treatment Facility Project #4373 The City of Bremerton ("City") and Cultural Resource Consultants, Inc. ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: L Scope: The Consultant agrees to perform the services more specifically described in the Project Scope and Fee Agreement 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 unspeci�ied 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 l�xhibit A upon execution of the Agreement. Completion of the tasks will be no later than July 31, 2010. I�I. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed Five Thousand Dollars ($5,000.00). 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 thereo£ 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 rclicvc Consultant of its obligations under this Agreement. I3remerton/Cultural Resource Consultants, Inc. Gorst Sewerage Project Puge l of 7 All of the Work under this Contract is funded by monies provided by the Drinking Watcr State Revolving Fund American Recovery and Reinvestment Act of 2009 (DWSRF ARItA). By executing this Contract Modification the Consultant is agreeing to comply with all applicable requirements stated as conditions of funding and reporting under the DWSRF ARRA. 1'hc Consultant is responsible for understanding and complying with these requirements, to the extent that such requirements are applicable to these consulting services. 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 ices include but are not limited to State industrial insurance, Business & Occupation, Statc 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 thc performance of this Agreement, except for that portion of the injuries and damages caused by thc 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. Bremerton/Cultural Resource Consultants, Inc. Gorst Sewerage Project Page 2 of 7 IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT TI-lE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTAN"1''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. 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 Liabilitv 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 thc 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 Liabi(ity 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. Bremerron/Cultural Resource Consultants, Inc. Gnrst Sewerage Project Pnge 3 of 7 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, ol� 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. 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. Ownershi� 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 likc 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 Bellevue, 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 servicc 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 the project job site in Gorst, Washington, other than reports and documentation Bremerton/Cultural Resource Consultants, /nc. Gorst Sewerage Project Puge 4 of 7 which may be completed at the Consultant's offices in Bainbridge Island, Washington. Meetings with the City staff shall take place at the project job site, 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. 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. Citv Address City of Bremerton 3027 Olympus Drive Bremerton, WA 98310 Consultant Address Cultural Resource Consultants, Inc. PO Box 10668 Bainbridge Island, WA 98110 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. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. Bren�erton/Cultural Resource Consultants, lnc. Gnrst Sewerage Project Page 5 of 7 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 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. Bremerton/Cultural Resource Consultants, /nc. Gorst Sewerage Project Page 6 of 7 B. Ri ht�s 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 �� � ��� By: Mike Mecham its: Director of Pub ic Works and Utilities Date: Q 2 � Ap as form: . B erton ity Attorney CONSULTANT Cultural Resource Consultants, Inc. r - By:Glenn D. mann its:President/Principal Investi�ator Date: 25 May 2010 � -.� , �� ��� ��� � L R\LEGAL\Contracts\FORMS\Professional Services Agreement Form (2003) doc Brenierton/Cultural Resource Consultants, Inc. Gorst Sewerage Project Page 7 of 7 1005f-I City of Bremexton - UV Treatment Facility Exhibit A 1 of 3 Cultural Resource Consultants - Project Scope and Fee Agreement Project Information I'ro�ect '1"ide Client Pxoject Number CRC Pro�ect Nu�riber 1JV Treatment Facili 1005H Pro�ect Location City 8301 West Belfair Valle Road Bremerton Sectton Township Range County Total Pro�ect �1cea 31, 32, 34, 35, 36 24 N 1 West and 1 East Kitsa 0 CRC must mceive Right of Entry permission prior to field investigarions. Please provide the name of pxoject area land management agenc5� or name of land owner and contact infoxmation. O�vner of Propexty Phone Does CRC have'Right of Entr}�'? What agency is requesting Are State funds/permits involved? this Survey? Are federal funds/permits involved? es no If yes, lease xovide. es no �f ycs, ll�11 IP Icrrcr r�yu�r���l If federal funds and/ox pexmits axe involved, a defined 11xea of Potential Effects (1�PE) must be inciuded. Please xovide a co of the letter fxom Dr1HP a xeein to the defirution of the r1PE. Project Description CRC requires a concise description of youx pxo�ect. This should include a statement deFuvng the ovexall goal of the projecr, espected dates of irutradon and completion; general methodologies proposed for ground distuxbing/ construction operations; and pxo�ected means to address any environmental mitigation requirements. Please verify the accuracy of this descripuon. Ciry of Bremerton is requesting a cultural resources assessment prior to installation of approximately 25,000 lineal feet of 2" conduit and associated vaults for fiber optic cable in the Gorst area. The project runs along the shoulder of McKenna Falls Road and West Belfair Valley Road between the City's iTV Treatment Facility located at 8301 W Belfair Valley Road and the McKenna Falls Intake and main operations office. Client Information Co�npany Phone Fax �ve6sitc Cit of Bremerton 360 473-2398 fax: 360 473-5398 \ laihng _�ddress City State Ztp 3027 Ol m us Drive Bremerton WA 98310 Project Manager Information Namc Ned Lever Other Interested �ame Pro Compan5 Direct Line Contact Direct Line ned.lever@ci.bremerton.wa. u s Fax website Project Schedule ,\nticipated Start Date: l�nticipated Compleuon Date: :�ny Pexrrut Deadhne? CRC anticipates completion of field investigation within 45 days of this signed Ma - ul 2010 contract. �1 final repoxt will be submitted witlun 30 days of fieldwork com leuon. �es no Cultural Resource Consultants PO Box 10668, Bainbridge Island, WA 98110 206 855-9020 � www.crcwa.com 1005f City of Bremexton - UV Txeatment Facility Exhibit A 2 of 3 Project Information Required CRC icqu�es the following infoxmation to adequately provide a Scope and Budget. D�1HP guidelines xequ�e oux technical reports and inemorandums to include specific infoxmation pertauung to youx project to facihtate project xeview To espedite your pxoject, �ve �vill need the followin information riox to si � this a xeement: Project Plans Relevant project plans, blueprints, maps, construcuon drawings, and as-built schematics, as es no appropriate. Preferably in PDF format, if available. Please indication any ancillary locations on a project map for the specific project area, including ��ncillary Locations locations used for any construction equipment staging, utility conduits, refuse disposal, or project �es no environmental miti ation sites. Governing Agenry Please provide CRC with the name of the federal, state, or local agency that grants funds, issues permits, or provides government oversight over the project. �es no DAHP Have you received any documentation or other forms of communicat�on �vith the Washington Statc Department of Archaeology and Historic Preservation. es no Have you received any documentation or other forms of communicaaon �vith any affected Indian Affected Tribes Tribe(s) and other Stakeholders. Formal tribal consultation must be imtiated by the pro�ect proponent, lead government agency, and/or local municipality. CRC consults informall}� with tribal �es no staff on a technical staff-to-technical staff basis. Other Proiect Information CRC stxives to assist clients through the compliance process to ininimize risks that may result from pxoject act�vines in the vicimty of known and potential cultural resouxces. Impacts to above-gxound xesouxces, such as historic stxuctuxes, can result from demoliuon, paLt�al Lemoval of struct�al elements, the addiuon of new features, and changes in the suxxounding historical context of a xesouice. impacts to axchaeological deposits xesult fxom excavation, earthmoving, and construcrion activities. In ordex to pxovide the most conase cultuxal xesouxces assessment. addiuonal tixoiect information is helnful. Is there additional project information CRC should be aware of? 1-fave you completed a JARPA or other regulatory permit? Has any Geotechnical data or report been completed for this project? Is there a digital Project Map? Is there a defined Axea of Potential Effects (APE)? Is there an outside source of fundin� for this project? _ yes no _ yes no _ yes no _ yes no _ yes no ves no If yes, plcasc providc. If yes, please providc. If yes, please provide. If yes, please providc. If yes, please provide. If ves, t�lease provide. Proiect Assum " This scope assumes that no more than one unrecorded archaeological site or one unrecorded historic site will be ident�fied �v�rhin d�e project area. It would be necessary to adjust the budget if addiuonal sites are found. Tlus budget was prepared �vith tlie assumption that no more than ten (10) shovel test probes would be excavated. If extensive archaeological deposits are encountered or if additional shovel test probes are warranted within the project area it may be necessary to modif}� this ac=reement to accommodate additional investieations for purposes of site identification. * CRC assumes the client will submit the prepared cultural resources assessment report to DAHP (cover page provided; however, the client should include their own cover letter requesring review) within 15 days of receipt of said report for. rcvie�u CRC cannot be held liable for reports prepared but not submitted to DAHP in a umely manner. rldditional fees ma�� apply for additional services required as part of DAHP's review process for reports submitted after 15 days of receipt. " Because of recent changes in Washington State law, if human remains are found within the project area, all CRC field �nvestigations will cease immediately, proper authoriries will be notified and CRC will not resume field investigations until a��plicable state laws are addressed. Cultural Resource Consultants PO Box 10668, Bainbridge Island, WA 98110 206 855-9020 � www.crcwa.com 1005FI City of Bremerton - UV Treatment Facility Exhibit A 3 of 3 Proiect Deliverables CRC will provide the following pxoject components as part of this cultural resources assessment. Task 1- Back�;round Research CRC will conduct a search of site files recorded at Washington Department of Archaeology and Historic Prescrvation (DAHP); review of relevant corYespondence between the project proponent, stakeholders and 1�1\ HP; and, review of pertinent environmental, archaeological, ethnographic and historical information appropriate to the project area. Task 2 - Tribal Contact CRC �vill contact the cultural resources staff of the affected tribes. Task 3 - Field Identification CRC �vill provide a field investigation of the project location for identificarion of archaeological and historical resources and, if necessary, excavation of shovel test probes or other exploratory excavations in environments that �ni�ht contain buxied archaeological deposits. Field methods will be consistent �vith DAHP guidelines. Task 4- Documentation of Findin�s CRC will document and record historic properties within the project area, inclucling preparation of Washington State archaeological and/ox historic site(s) forms. Documentation will be consistent with DAHP standards. Task 5 - C]ZC �vill pxepare a technical memo describing background research, field methods, results o£ investigations, and management recommendations. The report will provide supporting documentation of fmdings, including maps and photographs, and will confoxm to DAHP reporting standards. Report and support mateYials �vill be provided �n liard coPS� and electronically. Projeet Fee Plea,re Note: Tbe time 'Che fee for services described above is anticipated to be less than $ The co.rt for thi,r 1�ro�ect i.r based and fee for .rerUice.r auote i.r t�alar! fa� (0 3,325.00 ave have received tn date. Pa�-ment for work completed is rypically due upon receipt of invoice and/or report. ��Uill you require any additional ciocumentat�on prior to processing the invoice for work completed on this project? Subconsultant Certificate of Insurance �� 9 InEormauon City of Bremerton Ncd Lcvcr 3027 Olympus Dxive 13rcmerton, WA 98310 Cultural Resource Consultants, Inc. Glenn Hartmann PO Box 10668 Bainbridge Island, WA 98110 `. ; ✓ �� /1�Ev �.�✓'i:�. .�-; � -- N me/'1'itle: Glenn D. Hartmann, 7 ���� �����E�'L President/Principal Investigator Date: Date: Cultural Resource Consultants PO Box 10668, Bainbridge Island, WA 98110 206 855-9020 - www.crcwa.com Exhibit B Subconsultant Fee Determination - Summary Sheet Project: UV Treatment Facility CRC #: 1005H - City of Bremerton Direct Labor Cost Classaf6cations Labor Hours x Principal Investigator Project Archaeologist I Project Archaeologist II Project Archaeologist III Field Archaeologist Field Archaeologist Field Archaeologist Historic Architect Project Historian Office Manager Office Assistant 3.0 32.0 0.0 0.0 0.0 0.0 8.0 0.0 0.0 3.0 0.0 �. � Rate � $ $ $ $ $ $ $ $ $ $ 57.00 31.50 30.00 28.50 19.00 18.00 17.00 40.00 29.00 28.50 16.00 R � $ $ $ $ $ $ $ $ $ $ $ Cost 171.�� 1,008.00 136.00 85.50 1,400.50 Overhead (OH Cost -- including Salary Additives): OH Rate x DLC of: 110% %x$ $ i,400.50 $ 1,540.55 Fixed Fee (FF): FF Rate x DLC of: 20.00% %x$ $ i,400.50 $ 280.10 Reimbursables: Photo & Graphic Supplies Lodging: Per Diem: Mileage: Grand Total: Prepared by: Teresa Peterson, Office Manager DOT Form 140-089 EF Exhibit G-1 Date: $ $ $ $ $ 50.00 53.85 103.85 3,325.00 18-May-10