HomeMy WebLinkAbout1 - Original Submission_ CDBG PSA-Cultural Resources Consultants, LLC (Evergreen Sidewalk Project)Page 1 of 7
Bremerton/Cultural Resource Consultants, LLC Park Dr./Evergreen Park ADA Sidewalk Improvement Project Rev. 06/2020
PROFESSIONAL SERVICES AGREEMENT Park Dr./Evergreen Park ADA Sidewalk Improvement Project- Archeological Survey
The City of Bremerton (“City”) and Cultural Resources Consultants, LLC (“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, 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.H 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 60 days, provided however, that additional time shall be granted by the City for 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 $3,705.00. 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.
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.
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. 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,
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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: A. 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, unless Consultant is conducting 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 indemnification.
B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant’s services provided pursuant to 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.
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VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability 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 3. Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim; and 4. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000.
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 and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. 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 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or
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substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement.
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.
In the event that the Consultant employs other consultants or contractors (sub-consultants
or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant’s responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of
premiums thereon.
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 Seattle, 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. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by
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Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent.
D. 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.
E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Seattle, 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.
F. 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.
G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed
by both Parties.
I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st 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.
Notices to be sent to: Notices to be sent to: CITY: CONSULTANT:
Attn: Jeff Elevado / Chris Dimmitt Attn: Margaret Berger City of Bremerton Cultural Resource Consultants 345 6th Street, Suite 100 P.O. Box 4159 Bremerton, WA Seattle, WA 98194
J. 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.
K. 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.
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L. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
M. 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.
N. 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. O. Assignment: Any assignment of this agreement by the Contractor without the
written consent of the City shall be void.
VIII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of
age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status,
military status, or the presence of any physical, mental or sensory disability. IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with
Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment
and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided.
X. 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. This project is financed through the Community Development Block Grant program with
funds obtained from the U.S. Department of Housing and Urban Development. Should this
funding be 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 Delays: 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
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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. Rights 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. XI. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby
certifies, by signing this agreement, that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing
this agreement that it will verify that the firm with whom it intends to do business is not debarred,
suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement.
CITY: CONSULTANT:
CITY OF BREMERTON
By: By:
Print Name: Print Name: Margaret Berger Its: Its: Principal Date: Date:
APPROVED AS TO FORM: ATTEST: By: By:
Bremerton City Attorney Angela Hoover, City Clerk
R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 06 2020.docx
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7/26/2021
Director of Public Works & Utilities
Tom Knuckey
7/26/2021
CRC Scope of Work 1 of 4
Cultural Resource Consultants
P.O. Box 4159
Seattle, WA 98194 206 855-9020 ~ www.crcwa.com
Project Scope and Fee Agreement
Client Information
Company Project Manager / Contact Name Phone
Bremerton Parks & Recreation Jeff Elevado 360-473-5428
Mailing Address City, State, Zip Email
680 Lebo Blvd Bremerton, WA 98310 Jeff.Elevado@ci.bremerton.wa.us
Project Information
Project Title Regulatory Nexus CRC Project Number
Sidewalk Project in Evergreen Park Section 106 2107D
Project Location Project City
Bremerton, WA 98337
Section Township Range County Total Project Area
13 24 North 01 East Kitsap 0.05 acre
Project Description
Project Schedule
Anticipated Completion Date:
August 2021
City of Bremerton proposes to construct a new sidewalk in Evergreen Park. Excavation for the 400 ft long pathway is
anticipated to be approximately 5 ft wide and 8 inches deep. The project is receiving CDBG funding.
CRC anticipates completion of this project by August 15, 2021.
1400 Park Ave
ATTACHMENT A
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CRC Scope of Work 2 of 4
Cultural Resource Consultants
P.O. Box 4159
Seattle, WA 98194 206 855-9020 ~ www.crcwa.com
Project Assumptions
* This budget assumes the client will provide utility locator services, per Washington State Law (RCW 19.122), prior to
CRC field investigations.
* This scope assumes that all relevant project information, prior reports including geotechnical reports,
historic/architectural reports, design plans, and project maps in addition to relevant project correspondence with DAHP
or other agencies requesting this assessment and/or Tribal cultural resources staff will be provided with the signed
Agreement so that CRC may begin this project immediately upon receipt of signed agreement.
* This scope assumes that project proponents can provide immediate Right Of Entry to CRC so the project may be
completed within the stated project schedule.
* If human remains are found within the project area, all CRC field investigations will cease immediately, proper
authorities will be notified and CRC will not resume field investigations until applicable state laws are addressed.
* This scope assumes that the property is safe for CRC archaeologist to enter and free of contaminants, health hazards and
other unsafe working conditions.
* This scope and budget is based upon information provided on 7 July 2021. Any changes may require a change in budget
to accommodate updating project information not received prior to the start of this project.
* This scope and budget assumes the property is clear of excess vegetation so that CRC archaeologists will be able to walk
appropriately spaced transects with minimal path clearing.
* This scope and budget is based upon the project as shown on the attached map.
* This scope does not include additional services for impact mitigation regarding archaeological or historic sites.
* This scope and budget is based upon the assumption that CRC's current levels of insurance liabilities are sufficient for
this project (sample certificate of insurance attached).
* This scope assumes that no more than one (1) unrecorded archaeological site will be identified and no unrecorded
historic sites will be identified within the project area. It would be necessary to adjust the budget if additional sites are
found. This budget was prepared with the assumption that no more than twelve (12) shovel test probes would be excavated
on a 10 meter interval. If extensive archaeological deposits are encountered or if additional shovel test probes are
warranted within the project area it may be necessary to modify this agreement to accommodate additional investigations
for purposes of site identification.
* This scope assumes that no meetings with clients and/or stakeholders will be required.
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CRC Scope of Work 3 of 4
Cultural Resource Consultants
P.O. Box 4159
Seattle, WA 98194 206 855-9020 ~ www.crcwa.com
Project Deliverables
Task 1 - Background Research
Task 2 - Tribal Contact
Task 3 - Field Identification
Task 4 - Documentation of Findings
Task 5 - Cultural Resources Assessment Report
CRC will conduct field investigations of the project location to identify archaeological and historical resources.
Investigation will include pedestrian survey and subsurface excavation in amenable environments that have the potential to
contain buried archaeological deposits. Methods will be consistent with DAHP guidelines.
CRC will prepare a technical memo describing background research, field methods, results of investigations, and
management recommendations. The report will provide supporting documentation of findings, including maps and
photographs, and will conform to DAHP reporting standards and the appropriate requirements based on the regulatory
nexus. Report and support materials will be provided electronically in PDF format. An inadvertent discovery protocol and
primary contacts will be provided as an attachment in the assessment. This task includes one round of consolidated
comments from the client prior to the submission of the final report to DAHP. CRC will assist the client in submitting the
cultural resources assessment and any associated documentation to DAHP, via their WISAARD system.
CRC will provide the following project components as part of this cultural resources assessment.
CRC will document and record identified archaeological and historic sites within the project location on DAHP
archaeological and/or historic site(s) forms. All identified resources will be photo-documented and recorded in the field.
Archaeological materials or deposits will be documented and reburied, if appropriate, within the find location. Cultural
resources will be evaluated for significance following local, state, and/or national significance as appropriate based on the
project’s regulatory nexus. Documentation will be consistent with DAHP standards and will be completed on DAHP’s
WISAARD system.
CRC will conduct a search on Washington Department of Archaeology and Historic Preservation’s (DAHP) WISAARD
system to identify recorded historic built environment, historic register listed properties, archaeological sites, cemeteries,
and previously completed cultural resources assessment in proximity to the project location. CRC will review pertinent
environmental, archaeological, ethnographic, and historical information appropriate to the project location from a variety
of available resources. The goal of background research is to provide contextual information regarding the natural
environment and cultural use of the project location, identify recorded cultural resources, and determine the potential for
as-yet unrecorded cultural resources to be encountered during proposed project actions.
CRC will contact the cultural resources staff of tribes that may have an interest in or information regarding the project
location. This communication is intended to inform the cultural resources assessment and does not constitute government-
to- government consultation. Copies of this correspondence and received responses will be included as an attachment in
the cultural resources assessment.
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Cultural Resource Consultants
P.O. Box 4159
Seattle, WA 98194 206 855-9020 ~ www.crcwa.com
Please Note: The time frame and fee for services quote is valid for 45 days.
The fee for services described above is anticipated to be less than 3,705.00$
This Agreement expires on 31 December 2021. Related records will be retained through 2024.
Bremerton Parks & Recreation Cultural Resource Consultants
Jeff Elevado Margaret Berger
680 Lebo Blvd P.O. Box 4159
Bremerton, WA 98310 Seattle, WA 98194
_________________________________ _________________________________
Name/Title: Margaret Berger, Principal
_________________________________
Date: _____________________________ Date: _____________________________
To help meet the regulatory needs of our clients, effective immediately, CRC is implementing an annual records retention
fee for any contract requiring annual updates, including certificates of insurance, over a period of two or more (2+) years.
The records retention fee will be invoiced annually in December and will include a project area review by, or supervised
by, CRCs principal investigator for any known and/or recently recorded archaeological and historical structures recorded
on the Washington State WISAARD database. In addition to the updated certificates of insurance, CRC will provide an
updated table of cultural resources (archaeological and historical) within a one-half mile radius of your project area and, if
necessary, an updated inadvertent discovery protocol for your project. Annual records retention fees are $500.00/year.
* CRC will email monthly invoices.
Project Fee
* No cultural resources study can wholly eliminate uncertainty regarding the potential for prehistoric sites, historic
properties or traditional cultural properties to be associated with a project. The information we will present within our
reports is based on our years of experience and professional opinions derived from the analysis and interpretation of the
documents, records, literature, and information we are able to identify and use within our report, and during our field
investigation and observations to be conducted in the process of preparing our technical report. The conclusions and
recommendations we present will apply to the project conditions existing at the time of our study and those reasonably
foreseeable.
* Payment for work completed is due upon receipt of invoice.
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