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HomeMy WebLinkAbout5310Contract Number Vendor Sub�ect Department File Class Begin Date End Date Review Date Vault Date Comments 5310 CULTURAL RESOURCE CONSULTANTS INC Lower Wheaton Way Pro�ect #4801 Engineering LEG 12-1 10/2/2013 9/1/2014 /1 ►� PROFESSIONAL SERVICES AGREEMENT Lower Wheaton Way Pro�ect/#4801 The City of Bremerton ("City") and Cultural Resource Consultants, Inc ("Consultant"), referred to collectively as the "Parties," enter into the followmg Agreement for professional services I Scope The Consultant agrees to perform the services more specifically descnbed in the Scope of Work, dated September 23, 2013, mcludmg any attachments thereto , attached hereto as Exhibit A, which is incorporated by reference herem 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 wntten request of the City Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices m effect at the time such services are performed II 'Term The City and the Consultant agree that work will begm on the tasks descnbed in Exhibit A immediately upon execution of this Agreement The parties agree that the work descnbed m Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B, provided however, that additional 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 this Agreement, the City shall pay Consultant m an amount not to exceed $7,500 00 Consultant's charges and bills shall conform to the fee schedule attached hereto as E�ibit C and mcorporated herem by this reference The Consultant shall submit regular billmg statements detailmg work performed and amount charged on each task or portion thereof The descriptions shall conform to and fall withm the categones set out m the Scope of Work and/or Fee Schedule Upon receipt of a conformmg billmg statement, the City shall promptly process payment PROVIDED, HOWEVER, the City reserves the nght to pnontize scoped work and accelerate and/or delay work tasks under the time frame set forth m Section II herem The Consultant's labor rates and billmg fees shall be as delmeated m Exhibit 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 additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be m accordance with Exhibrt C If a billing 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 obligations under this Agreement Bremerton/CRC, Inc Lower Wheaton Way Page 1 of 7 IV Relationship of Parties Consultant represents that it is skilled m the matters addressed m the Scope of Work and is performmg mdependent functions and responsibilrties withm rts field of expertise Consultant and its personnel are mdependent Consultants and not employees of the City Consultant and rts personnel have no authonty to bmd the City or to control the City's employees and other Consultants None of the benefits provided by the City to its employees, mcluding, but not limited to, compensation, msurance, and unemployment msurance 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 dunng 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 mdependent Consultant, Consultant is responsible for its own management The City'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 perfortn its obligations under this Agreement These taxes and fees mclude but are not limited to State mdustrial msurance, Busmess & Occupation, State professional licensing, 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 arismg from the delmquency, from any payments due Consultant V Indemmficat�on A Consultant shall defend, mdemmfy and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, m�unes, damages, losses or suits, mcludmg all legal costs and attorney fees, ansmg out of or in connection with Consultant's performance of this Agreement, unless Consultant is conductmg work pursuant to Subsection B below The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemmfication B Architects, Engmeers and Any Other Professional Listed In and Performing Services Defined m RCW 42 24 115 Should a court of competent �urisdiction determme that Consultant's services provided pursuant to 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 Bremerton/CRC, Inc Lower Wheaton Way Page 2 of 7 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 termmation of this Agreement VI Insurance. The Consultant shall procure and mamtam for the duration of the Agreement, msurance agamst claims for m�uries to persons or damage to property which may anse from or m connection wrth the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants Before begmmng work on the pro�ect descnbed m this Agreement, the Consultant shall provide a Certificate of Insurance evidencmg 1 Automobile Liability msurance with limits no less than $1,000,000 combmed smgle limit per accident for bodily m�ury and property damage, and 2 Commercial General LiabiLty insurance wntten on an occurrence basis with limits no less than $1,000,000 combmed smgle limit per occurrence and general aggregate for personal m�ury, bodily m�ury 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 liabilrty, and 3 Excess Liab�ity msurance with limits not less than 1,000,000 limit per occurrence and aggregate 4 Professional Liabihty 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 msurance (if required), which may be provided on a"claims-made" basis The City shall be named as an addrtional msured 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 msured shall be attached to the Certificate of Insurance The City 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 Liability msurance shall contam a clause statmg that coverage shall apply separately to each msured agamst whom claim is made or suit is brought, except with respects to the limits of the msurer's liability The Consultant's msurance shall be pnmary msurance as respects the City 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, Bremerton/CRC, Inc Lower Wheaton Way Page 3 of 7 345 6 Street, Suite 600, Bremerton, WA 98337 within 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 The City also reserves its unqualified nght to require at any time 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 periodic reports and documents on matters covered by this Agreement The reports and documents shall be furnished 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 Origmal documents, drawmgs, designs and reports, mcludmg those m electronic format, developed under this Agreement are the property of the City All wntten mformation submitted by the City to the Consultant m 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 mformation relatmg to its own busmess If such mformation is publicly available or is already m Consultant's possession or known to it, or is nghtfully obtamed by the Consultant from third parties, Consultant shall bear no responsibility for rts disclosure, madvertent or otherwise All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office m Bambridge Island, Washmgton Consultant shall make such data, documents, and files available to the City upon its request at all reasonable hmes for the purpose of edrtmg, modifymg and updatmg as necessary until such time as the City is capable of stonng such information m the City's offices Duplicate copies of this mformation shall be provided to the City upon its request, and at reasonable cost All documents, mcludmg 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 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 connection with the work D Place of Work The Consultant shall perform the work authorized under this Agreement at its offices m Bambridge, Washington Meetmgs with the City staff as descnbed m Bremerton/CRC, Inc Lower Wheaton Way Page 4 of 7 Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties E Entire Agreement This Agreement and its Exhibrts constitutes the entire 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 Wntten Notices All commumcations regardmg 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 m this Agreement or such other address as may be hereafter specified m writmg City Address Engmeenng Division Attn Gunnar Fndnksson 3027 Olympus Dnve Bremerton, WA 98310 Consultant Address CRC, Inc Attn Glenn Hartmann PO Box 10668 Bambndge 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 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 herem 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 remain in 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 interpreted accordmg to the laws of the State of Washmgton Any �udicial action to resolve disputes ansmg out of this Agreement shall be brought in Kitsap County Supenor Court M Attorneys' Fees In the event of litigation to enforce any of the terms or provisions herem, 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 wntten consent of the City shall be void Bremerton/CRC, Inc Lower Wheaton Way Page 5 of 7 VIII Nond�scrimination Consultant shall not discnmmate in employment or services to the public on the basis of race, color, national ongm, sex, rehgion, age, mantal status, disability, or sexual onentation except for employment actions based on bona fide occupational qualification IX Termination This Agreement shall remam m force until completion and acceptance of the services, termmated by wntten instrument upon mutual consent, or by the City of Bremerton for convemence This Agreement may be immediately termmated for cause by a Party if the other Party substantially fails to perform through no fault of the termmatmg Party, and the non- performmg Party does not commence correction of the failure of performance withm thirty (30) days of the termmatmg Party's sendmg notice to the non-performmg Party Any Notice 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 reimbursement by any federal, state, or other source for work descnbed m Section I herem, and that fundmg is withdrawn, reduced or limited in any way, or the pro�ect is cancelled or substantially reduced after the execution date of this Agreement and pnor to the completion of the work, the City may summanly termmate this Agreement A Excusable Delays The nght of Consultant to proceed shall not be termmated 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 m controllmg, restnctmg, or requisitiomng 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 causmg 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, mcludmg, 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 withm ten (10) calendar days m 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 writmg, extend the time for completmg the work for a period of time commensurate with the penod of excusable delay B Rights Upon Termmation In the event of termmation, the City shall pay for all services performed by the Consultant to the effective date of termmation, as descnbed on a final mvoice submitted to the City After termmation, the City may take possession of all records and data withm the Consultant's possession pertammg to this proJect 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 wrthout hability or legal exposure to the Consultant X Suspension & Debarment For contracts mvolvmg Federal fundmg, Consultant hereby certifies, by signmg this agreement, that neither it nor its pnncipals are presently debarred, suspended, proposed for debarment, declared meligible, or voluntanly excluded from participation m this transaction by any Federal department or agency Consultant shall provide immediate written notice to the City if at any time rt learns that it is or has become meligible for certification Should Consultant enter mto a covered transaction with another firm, Consultant Bremerton/CRC, Inc Lower Wheaton Way Page 6 of 7 agree� b}s s��;njng tli�s agrecment that ►t ���I! verif�t th�t the tirm tiv�th ��he�in it �ntends tca �l� busme5� ►s not debarreci suspencled �ncl��ible e�c.ludcci or d�sc�ualified CiTI C}i" BRE�piER 1 t)�,' _ __ � _ .. __ By its �i,.� t�' 1 �� 1 �%r�(,��'✓' Datc �b Appiovcd as to iarm � I11CCli)11 Cit4 r'�ltOTil�� R ti . gni I 4� i! C��nEract� 1{3R�9ti=i'rut�ti,iuml Scr� i�c� As�t�t,nt���i E nntt ('_012 } dtt�. C C�'� S L� L I t'1'� I , � > �–_- � �� �'��'°q `-�,� �—__ ------- Ci}° Glenn [) t Iartmann sts E'resid etitiPrfncipa l in�e stis��t�r l�ate �_�t Sentcmber ?O I3 t ttesl < � ttl �]E'.i"� aremertim/CRC inc Lo���r V4iheatan ��a� Pa�e 7 c�i 7 1 of 4 �'ultur��l R�saurc.� C�cansult�nts�, Inc Exhibit A Pro�ect Scope and Fee Agreement Client Information Company Phone Fax webs�te City of Bremerton Mailing Address 345 - Gth Street, Suite 600 3G0-473-2354 fax 360-473-5398 Ctty State Bremerton WA Zip 98337 Pro�ect Manager Information Name Direct Line Cell Email Gunnar Fridriksson 360-473-2354 gunnar fndnksson@ci bremerton wa us Pro�ect Information Pro�ect Tide Client Pro�ect Number CRC Pro�ect Number Lower Wheaton Way Pro�ect Pro�ect Locauon Lower Wheaton Way between Lebo Blvd and the Manette Bridge Section Townslvp Range County 12 24 North 1 East Kitsap 1306G C,ty Bremerton Total Pro�ect Area 13 hnear miles Pro�ect Schedule Anticipated Completion Date September 2013 - CRC anttcipates complet�on of field invest�gauon witlun 30 days of tivs signed contract A December 2014 report will be subm�tted wittun 30 days of fieldwork compleuon Cultural Resource Consultants PO Box 10668, Bainbndge Island, WA 98110 206 855-9020 — wwwcrcwa com 2 of 4 Pro�ect Description The City of Bremerton is request�ng a cultural resources assessment prior to roadway improvements for the Lower Wheaton Way Pro�ect The pro�ect is located lower Wheaton Way (formerly State Secondary Highway 21B) between Lebo Boulevard and the Manette Bridge approach The intent of the pro�ect is to reconstruct a pricipal arterial street, which was originally designed as a state highway, into an environmentally friendly and sustainable commuruty street Improvements will include stormwater and outfall work, street improvements with non-motorized redevelopment for bike lanes, sidewalks and other low impact development (LID) strategies such as rain gardens and tree plant�ngs Pro�ect Assumptions * Tlvs scope and budget is based upon informatton provided on 25 June 2013 Any changes may require a change in budget to accommodate updat�ng proJect informat�on not received prior to the start of tivs pro�ect * This scope assumes that no more than one unrecorded archaeological site or one unrecorded historic site will be idenufied within the proJect area It would be necessary to ad�ust the budget if addit�onal sites are found This budget was prepared with the assumpt�on that no more than ten (10) shovel test probes would be excavated if extensive archaeological deposits are encountered or if addit�onal shovel test probes are warranted v�nthin the pro�ect area it may be necessary to modify this agreement to accommodate addit�onal investtgat�ons for purposes of site ident�ficat�on * Tlus scope does not include addiuonal services for impact rrut�gat�on regarding archaeological or lvstoric sites * This scope assumes CRC will attend the public open house * This scope assumes no more than five (5) days of construct�on morutoring would be necessary * This scope assumes that pro�ect proponents can provide immediate Rtght Of Entry to CRC so the pro�ect may be completed within the stated proJect schedule * Tlvs scope assumes that all relevant pro�ect informat�on, prior reports including geotechrucal reports, design plans and pro�ect maps will be provided wrth the signed Agreement so that CRC may begin this pro�ect immedtately upon receipt of signed agreement * If human remains are found within the proJect area, all CRC field invest�gat�ons will cease immedtately, proper authorit�es will be not�fied and CRC will not resume field invest�gat�ons until appl�cable state laws are addressed * Due to recent changes in Waslungton State Law (RCW 19 122), tivs budget assumes the client will provide utthty locator services prior to CRC field invest�gattons * CRC assumes our report will be submitted to DAHP (cover page provided, however, the cLent should include their own cover letter request�ng review) v�ntivn 15 days of receipt of said report for review CRC cannot be held hable for reports prepared but not submitted to DAHP in a ttmely manner Addit�onal fees may apply for addit�onal services required as part of DAHP's review process for reports subrrutted after 15 days of receipt Cultural Resource Consultants PO Box 10668, Bainbridge Island, WA 98110 206 855-9020 - www crcwa com 3 of 4 Pro�ect Deliverables CRC will provide the following pro�ect components as part of this cultural resources assessment `� Task 1- Background Research CRC will conduct a search of site files recorded at Waslvngton Department of Archaeology and Historic Preservat�on (DAHP), review of relevant correspondence between the pro�ect proponent, stakeholders and DAHP, and, review of pert�nent environmental, archaeological, ethnographic and hlstorical informatton appropriate to the pro�ect area Task 2 - Tnbal Contact CRC will contact the cultural resources staff of tribes that may have an interest in the pro�ect area Task 3 - Field Identificanon CRC v�nll provide a field invest�gat�on of the pro�ect locauon for ident�ficat�on of archaeological and historical resources and, if necessary, excavat�on of shovel test probes or other exploratory excavat�ons in environments that tnlght contain buried archaeological deposits Field methods will be consistent with DAHP guidehnes Task 4- Documentation of Findings CRC will document and record archaeological and lvstoric sites within the proJect area, including preparat�on of Washington State archaeological and/or historic site(s) forms Documentat�on will be consistent with DAHP standards Task 5- Cultural Resources Assessment Report CRC will prepare a techrucal memo describing background research, field methods, results of invesugat�ons, and management recommendat�ons The report will provide supporttng documentat�on of findings, including maps and photographs, inadvertent discovery plan and will conform to DAHP report�ng standards Report and support materials will be provided electrorucally and on a CD Print copies will be provided upon request Task 6 - Construction Momtoring CRC will provide five (5) days of construct�on support/archaeological morutoring, if needed and as requested, with 72 hours not�ce of start of construct�on excavat�on Task 7- Pubhc Open House CRC will attend the Publ�c Open House for tivs pro�ect in December 2013, with one (1) week nouce of open house Cultural Resource Consultants PO Box 10668, Bainbridge Island, WA 98110 206 855-9020 — www crcwa com 4 of 4 * No cultural resources study can wholly ehminate uncertainry regarding the potent�al for prehistoric sites, historic propert�es or tradtt�onal cultural propert�es to be associated with a pro�ect The informat�on we will present witlun our reports is based on our years of experience and professional opiruons derived from the analysis and interpretatton of the documents, records, l�terature, and informat�on we are able to ident�fy and use wit�un our report, and during our field invest�gat�on and observattons to be conducted in the process of preparing our techrucal report The conclusions and recommendat�ons we present will apply to the pro�ect condit�ons e�st�ng at the t�me of our study and those reasonably foreseeable Pro�ect Fee Pleare Note The hme frame and fee for rervzce.r qrrote at valad for 60 day.r The fee for services described above is anttcipated to be less than $ 7,500 00 The co.rt for thz.r j�r�ect as ba,red upon anformatzon tve have receaved to rlate Payment for work completed is typically due upon receipt of invoice and/or report Will you reqiure any addit�onal documentanon prior to processing the invoice for work completed on tlus pro�ect� Subconsultant Agreement Certtficate of Insurance W-9 Informanon Ciry of Bremerton Gunnar Fridriksson 345 - 6th Street, Suite 600 Bremerton, WA 98337 Name/Tide Cultural Resource Consultants, Inc Glenn Hartmann PO Box 10668 Bainbridge Island, WA 98110 Glenn D Hartmann, President/Prinapal Investtgator Date Date Cultural Resource Consultants PO Box 10668, Bainbridge Island, WA 98110 206 855-9020 — wwwcrcwa com Subconsultant Fee Determination - Summary Sheet Pro�ect Lower Wheaton Way Pro�ect Exhibit C CRC # 1306G - City of Bremerton Direct Labor Cost Classifications Principal Investigator 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 $ $ $ $ $ � � $ $ $ $ Rate = 62 02 34 27 30 47 28 85 21 00 18 00 16 00 43 5Z 31 55 31 01 18 00 Cost 80 68 0 00 00 00 00 00 00 140 30 00 ����� $ 496 16 $ 2,330 36 $ - $ - � - $ - $ - $ - $ 441 70 $ 93 03 $ - $ 3,361 25 Overhead (OH Cost -- including Salary Additives) OH Rate x DLC of 95% %x$ � 3, 361 25 $ 3,193 19 Fixed Fee (FF) FF Rate x DLC of 20% %x$ � 3 ,361 25 $ 672 25 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 $ - $ - $ 223 31 $ 273 31 $ 7,500 00 25-Sep-13