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HomeMy WebLinkAbout5172r' Contract Number: Vendor: Sub�ect. Department: File Class: Begin Date: End Date: Review Date. Vault Date: Comments: 5172 CULTIIRAL RESOURCE CONSULTANTS INC PSA - Eastside Beach Main Replacement Engineering LEG 12-1 8/17/2012 10/31/2012 2014 PROFESSIONAL SERVICES AGREEMENT Eastside Beach Main Replacement — Project # 5325 The City of Bremerton ("Crty") and Cultural Resource Consultants, Inc ("Consultant"), referred to collectively as the "Parties," enter mto the followmg Agreement for professional services I. Scope: The Consultant agrees to perform the services more specifically descnbed m the Scope of Work, dated August 1, 2012, mcluding any attachments thereto , attached hereto m Exlubrt A, which is mcorporated by reference herem The Scope of Work may be modified only pursuant to Sechon VII G of this Agreement If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express wntten request of the City Consultant further represents that the services furnished under this Agreement will be performed m accordance with generally accepted professional practices m effect at the tune such services are performed II. Term: The City and the Consultant agree that work will begm on the tasks descnbed m Exhibrt A unmediately upon execution of this Agreement The parties agree that the work descnbed m Exhibit A is to be completed as provided for m the work schedule mcluded in Exhibit B, provided however, that addihonal time shall be granted by the City for excusable delays or extra work as provided for m section IX (A) of this agreement III. Compensation: In consideration of the services provided pursuant to tlus Agreement, the City shall pay Consultant m an amount not to exceed $2475 00 Consultant's charges and bills shall conform to the fee schedule attached hereto m Exhibit C and incorporated herem by tlus reference The Consultant shall submit regular billmg statements detailmg work performed and amount charged on each task or portion thereof The descnptions shall conform to and fall wrthm the categories set out m the Scope of Work andlor Fee Schedule Upon receipt of a conformmg billmg statement, the Crty shall promptly process payment PROVIDED, HOWEVER, the City reserves the nght to pnontize scoped work and accelerate and/or delay work tasks under the tune frame set forth m Section II herein The Consultant's labor rates and billmg fees shall be as dehneated m Exhibrt C 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 addrtional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C If a billmg statement does not conform to this Agreement, the City may withhold payment until the statement is brought mto compliance Such withholdmg does not relieve Consultant of its obhgahons under tlus Agreement Bremerton / Cultural Resource Consultants, Inc Easts�de Beach Mam Replacement Page 1 of 6 IV. Relationship of Parties: Consultant represents that it is slalled in the matters addressed m the Scope of Work and is performmg mdependent functions and responsibilrties wrthm its field of expertise Consultant and its personnel are mdependent Consultants and not employees of the City Consultant and its personnel have no authority to bmd the City or to control the City's employees and other Consultants None of the benefits provided by the Crty to its employees, mcludmg, but not lumted to, compensation, msurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant Consultant will be solely and ent�rely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants dunng the performance of this Agreement The City may, duruig the term of this Agreement, engage other mdependent Consultants to perform the same or sunilar work As an mdependent Consultant, Consultant is responsible for rts own management The Crty's admmistration and enforcement of this Agreement shall not be deemed an exercise of managenal control over Consultant or its personnel As an mdependent 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 mdustnal msurance, Busmess & Occupahon, State professional licensmg, and City busmess licensmg If any taxes or fees due the City have been declared delmquent, the City may withhold the delmquent amount, plus any additional charges ansmg from the delmquency, from any payments due Consultant V. Indemnificallon: Consultant shall defend, mdemmfy and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, in�unes, damages, losses or suits, mcludmg all legal costs and attorney fees, ansmg out of or m connecnon with the performance of this Agreement, except for that portion of the m�unes 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 mdemmfication Should a court of competent �unsdiction determme that this Agreement is sub�ect to RCW 4 24 115, then, m the event of liability for damages ansmg out of bodily m�ury to persons or damages to property caused by or resultmg 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 WANER 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 exp�ration or termmation of this Agreement Bremerton / Cultural Resource Consultants, Inc Eastside Beach Ma►n Replacement Page 2 of 6 VI. Insurance: The Consultant shall procure and mamtain for the duration of the Agreement, insurance agamst claims for m�unes to persons or damage to property which may anse from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consulta.nts Before begmmng work on the pro�ect descnbed m this Agreement, the Consultant shall provide a Certificate of Insurance evidencmg 1. Automobile Liabilitv msurance with limits no less than $1,000,000 combmed smgle lumt per accident for bodily m�ury and property damage, and 2. Commercial General Liabilitv msurance wntten on an occurrence basis with hrruts no less than $1,000,000 combmed smgle limit per occurrence and general aggregate for personal m�ury, bodily in�ury and property damage Coverage shall mclude but not be lumted to blanket contractual, products/completed operations/broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's habihty, and 3. Excess Liabilitv msurance with limits not less than 1,000,000 lumt per occurrence and aggregate 4. Professional Liabilitv msurance wrth limits no less than $1,000,000 lumt per occurrence/claim Any payment of deduchble or self msured retention shall be the sole responsibility of the Consultant All requ�red policies shall be provided on an"occurrence" basis except professional habilrty msurance (if required), wluch may be provided on a"claims-made" basis The City shall be named as an additional msured on the Commercial General Liability msurance 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 msured shall be attached to the Certificate of Insurance The Crty reserves the nght to receive a certified copy of all the required msurance policies and endorsements The City further reserves the nght to re�ect any unacceptable policies and/or endorsements The Consultant's Commercial General Liabilrty insurance shall contam a clause statmg that coverage shall apply separately to each msured against whom claun is made or suit is brought, except with respects to the limrts of the msurer's liability The Consultant's msurance shall be pnmary insurance as respects the Crty and it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473- 5161, or by certified mail, return receipt requested to City of Bremerton, attn Risk Management, 345 6�' Street, Suite 600, Bremerton, WA 98337 witlun two days of the cancellation, suspension or substantive change of any msurance policy set out herem, and failure to do so shall be construed to be a breach of this Agreement Bremerton / Cultural Resource Consultants, Inc Easts�de Beach Mam Replacement Page 3 of 6 The City also reserves its unqualified nght to require at any tune and for any reason, proof of coverage m the form of a duplicate of the msurance policy with all endorsements as evidence of coverage VII. General Conditions: A Reports and Information When requested by the City, Consultant shall furnish penodic reports and documents on matters covered by tlus Agreement The reports and documents shall be fizrmshed m the time and form requested Consultant shall mamtam accountmg records m accordance with Generally Accepted Accountmg Pnnciples (GAAP) to substantiate all billed amounts B Ownership and Use of Records and Documents _Onginal documents, drawings, designs and reports, mcludmg those m electronic format, developed under tYus 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 relatmg to its own busmess If such mformation is publicly available or is already in Consultant's possession or known to it, or is nghtfully obtamed by the Consultant from th�rd parhes, Consultant shall bear no responsibility for its disclosure, madvertent or otherwise All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office m Bambndge Island, Washmgton Consultant shall make such data, documents, and files available to the Crty upon its request at all reasonable tunes for the purpose of editmg, modifymg and updanng as necessary until such tune as the City is capable of storuig such mformahon m the City's offices Duphcate copies of this mformation shall be provided to the City upon its request, and at reasonable cost All documents, mcludmg all reports, drawmgs, specifications, computer software or other rtems prepared or furnished by Consultant pursuant to this Agreement, are mstruments of service with respect to the pro�ect and are the property of the City Any reuse by the City for other than the specific purpose mtended will be at City's sole nsk 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 nsk, and Consultant shall be responsible for any loss of or damage to matenals, tools, or other articles used or held for use m connechon with the work D Place of Work The Consultant shall perform the work authonzed under tlus Agreement at its offices m Bambndge Island, Washmgton Meetmgs with the Crty staff as descnbed m Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties Bremerton / Cultural Resource Consultants, Inc Eastside Beach Mam Replacement Page 4 of 6 E Ent�re Agreement This Agreement and its Exlubits constitutes the enhre agreement between the Parties, and the Parties acknowledge that there are no other agreements, wntten or oral, that have not been set forth m the text of this Agreement F Severabilitv Should any part of this Agreement be found void, the balance of the Agreement shall remam m full force and effect G Modification This Agreement may only be modified by wntten mstrument signed by both Parties H Written Notices All commumcahons regardmg this Agreement shall be sent to the parhes 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 m this Agreement or such other address as may be hereafter specified m wrrtmg City Address 345 6` Street Bremerton, WA 98310 Consultant Address P O Box 10668 Bambndge Island, WA 98110 I Waiver Failure to enforce any provision of tlus Agreement shall not be deemed a waiver of that provision Waiver of any nght or power arismg 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 msist upon stnct performance of any of the covenants and agreements contamed herem, or to exercise any option herein conferred m one or more mstances shall not be construed to be a waiver or relmquishment of said covenants, agreements or options, and the same shall be and remam m full force and effect K Compliance with Laws Consultant shall comply with all applicable Federal, State, and local laws m performmg its obligations under this Agreement L Choice of Law and Venue This Agreement shall be mterpreted accordmg to the laws of the State of Washmgton Any �udicial action to resolve disputes ansing out of this Agreement shall be brought m Kitsap County Supenor Court M Attornevs' Fees In the event of litigahon to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees N Assig ent Any assignment of this agreement by the Contractor without the wntten consent of the City shall be void VIII. Nondiscrimination: Consultant shall not discrumnate in employment or services to the public on the basis of race, color, nahonal ongui, sex, relig7on, age, marital status, disabilrty, or sexual onentation except for employment acnons based on bona fide occupational qualification Bremerton / Cultural Resource Consultants, Inc Eastside Beach Mam Replacement Page 5 of 6 IX. Terminallon: This Agreement shall remam m force until completion and acceptance of the services, terminated by wntten mstrument upon mutual consent, or by the City of Bremerton for convemence Tlus Agreement may be unmediately termmated for cause by a Party if the other Party substantially fails to perform through no fault of the termmatmg Party, and the non- perfornung Party does not commence correction of the failure of performance witlun thirty (30) days of the termmahng Party's sendmg norice to the non-perfornung Party Any Nohce by Consultant shall mclude a report showmg the status of all items listed m the Scope of Work current through the termmation date If the City receives reunbursement by any federal, state, or other source for work descnbed m Section I herem, and that fundmg is withdrawn, reduced or limited m any way, or the pro�ect is cancelled or substanhally reduced after the execution date of this Agreement and pnor to the complehon of the work, the City may summarily ternunate this Agreement A Excusable Dela,� The nght of Consultant to proceed shall not be termmated nor shall Consultant be charged with liquidated damages for any delays m the completion of the work due to 1) any acts of the federal government m controllmg, restnchng, or requisitiomng matenals, 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 causmg such delay, and 3) causes not reasonably foreseeable by the parties at the tune of the execution of the Agreement that are beyond the control and wrthout the fault or negligence of the Consultant, mcludmg, but not resmcted to, acts of God, fires, floods, stnkes, or weather of unusual seventy PROVIDED, HOWEVER, that the Consultant must promptly notify the City witlun ten (10) calendar days in writmg 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, m wnting, extend the tune for completmg the work for a penod of time commensurate with the penod of excusable delay B Ri ts U on Termmation In the event of ternunation, the City shall pay for all services performed by the Consultant to the effective date of termmation, as descnbed on a fmal invoice submitted to the City After termmation, the City may take possession of all records and data wrthm the Consultant's possession perta�ung to this pro�ect which may be used by the City without restnction Any such use not related to the pro�ect which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant CONSULTANT Approved as to form � Bremerton City Attorney ��. -..� , By �u c�, rts �re.�d.t.,,,,t� �.Qrw�.c,,,(Yk�Vh, Date o3 p,,o�,�,,,r� � �rr ` st - City Clerk Bremerton / Cultural Resource Consultants, Inc Eastside Beach Mam Replacement Page 6 of 6 CITY OF BREMERTON EXHIBIT A- SCOPE OF WORK Client Information Company Phone Fax website Ciry of Bremerton 360-473-2312 Mailmg Address 3027 Olympus Drive Ciry State Zip Bremerton WA 98311 Proiect Manaqer Information Name Direct I.me Cell Email B1ll Dav1s 360 wiWam davis@ci bremerton wa us Proiect Information Pro�ect Tide CLent Pro�ect Number CRC Pro�ect Number Eastside Beach Main Replacement Pro�ect Locauon 2475 Stephenson Avenue Secuon Townslup Range 1208A City Bremerton County Total Pro�ect Area 12 24 North 01 East Kitsap 0.5 acres Proiect Description The City of Bremerton is requesting a cultural resources assessment for their Eastside Beach Maui Replacement Pro�ect located at 2475 Stephenson Avenue, Bremerton, WA The City will be replacing 3000 feet of sewer main along the beach m East Bremerton The exisung mam is 20" d.tameter asbestos-cement pipe installed in 1947 and generally lays witlun 10 feet of the toe of the slope at the top of the beach However, at some locattons, the pipe lays further down along the beach and has been exposed due to udal acnon and erosion from upland stormwater runoff The replacement pipeluie will be 24" lugh density polyethylene pipe (HDPE) Tlus pipe comes in secttons of approximately 40 feet and is fused together in long secnons of 500 feet or more and then placed into a trench along the beach The new pipeluie will be installed on the waterward side of the e�ust�ng main The e�usting maui will remaui onhne duruig installanon of the new mam Proiect Assumptions * Tlus scope and budget is based upon informauon provided on 30 July 2012 Any changes may reqLUre a change in budget to accommodate updattng pro�ect informauon not received pnor to the start of tlus pro�ect * Tlvs scope assumes that no more than one unrecorded archaeological site or one unrecorded histonc site will be idennfied withui the pro�ect area It would be necessary to ad�ust the budget if addiuonal sites are found This budget was prepared with the assumpnon that no more than ten (10) shovel test probes would be excavated if extensive archaeological deposits are encountered or if addinonal shovel test probes are warranted within the pro�ect area it may be necessary to modify this agreement to accommodate addinonal invesngat�ons for purposes of site idenuficat�on * Tl�us scope assumes that no meettngs with chents and/or stakeholders will be reqtured * This scope assumes that pro�ect proponents can provide immediate Right Of Entry to CRC so the proJect may be completed within the stated pro�ect schedule * If human remains axe found v�nthui the pro�ect area, all CRC field invesngattons will cease immediately, proper authont�es will be nottfied and CRC will not resume f eld investtgattons unnl apphcable state laws are addressed * CRC assumes our report will be submitted to DAHP (cover page provided, however, the chent should include their own cover letter requesting review) within 15 days of receipt of said report for review CRC cannot be held hable for reports prepared but not subrrutted to DAHP in a tunely manner Addinonal fees may apply for addittonal services reqi.ured as part of DAHP's review process for reports subrrutted after 15 days of receipt * No cultural resources study can wholly ehminate uncertauity regarding the potennal for prehistonc sites, histonc propernes or tradiuonal cultural properttes to be associated with a pro�ect The informanon we will present witlun our reports is based on our years of expenence and professional opuuons denved from the analysis and interpretat�on of the documents, records, hterature, and informat�on we are able to idennfy and use withui our report, and during our field invesnganon and observanons to be conducted in the process of preparing our techrucal report The conclusions and recommendattons we present will apply to the pro�ect condit�ons existmg at the tune of our study and those reasonably foreseeable Pro�ect Deliverables CRC will provide the following pro�ect components as part of tlus cultural resources assessment Task 1- Background Research CRC will conduct a search of site files recorded at Waslungton Department of Archaeology and Histonc Preservanon (DAHP), review of relevant correspondence between the pro�ect proponent, stakeholders and DAHP, and, review of pertinent env�ronmental, archaeological, ethnographic and histoncal informatton appropnate to the proJect area Task 2 - Tnba1 Contact CRC will contact the cultural resources staff of tribes that may have an interest in the pro�ect area Task 3 - Field Ident�ficanon CRC will provide a field invesngat�on of the pro�ect locanon for idennficat�on of archaeologncal and lustoncal resources and, if necessary, excavanon of shovel test probes or other exploratory excavanons in environments that rrught contaui buned archaeological deposits Field methods will be consistent with DAHP gwdeluies Task 4- Documentation of Findings CRC will document and record histonc propernes withui the pro�ect area, includuig preparanon of Waslvngton State archaeological and/or lustonc site(s) forms Documentanon will be consistent v�nth DAHP standards Task 5- Cultural Resources Assessment Report CRC will prepare a techrucal memo descrtbing background research, field methods, results of invesngattons, and management recommendat�ons The report will provide supporting documentanon of finduzgs, including maps and photographs, and will conform to DAHP repornng standards Report and support matenals will be provided electronically and on a CD Pnnt copies will be provided upon request EXHIBIT B - SCHEDULE CRC anttcipates complenon of field invesugauon withui 45 days of tlus signed contract A final report unll be subrrutted witlun 30 days of fieldwork complenon EXHIBIT C- FEE SCHEDULE Pro�ect: Eastside Beach Main Replacement CRC #• 1208A - City of Bremerton Direct Labor Cost Classifications Pri n ci pa I I nvesti g ato r Pro�ect Archaeologist I Pro�ect Archaeologist II Pro�ect Archaeologist III Field Archaeologist Field Archaeologist Field Archaeologist Historic Architect Pro�ect Historian Office Manager Office Assistant Labor Hours x 3.0 0.0 24.0 0.0 0.0 0.0 8.0 0.0 00 3.0 0.0 :� $ � $ $ $ $ $ $ � $ $ Rate 60.98 33.70 29.96 26.75 19.00 18.00 15.75 42.79 31.03 30.49 16.00 � � $ $ $ $ � $ $ $ $ $ $ Cost 182.94 719.04 126.00 91.47 1,119.45 Overhead (OH Cost -- including Salary Additives): OH Rate x DLC of: 95% %x$ � 1, 119 45 $ 1,063.48 Fixed Fee (FF): FF Rate x DLC of: 20.00% %x$ $ 1 ,119 45 $ 223 89 Reimbursables: Photo & Graphic Supplies Lodging: Per Diem : Mileage: Total • $ 25.00 $ - $ - $ 43.19 $ 68.19 $ 2,475.00