HomeMy WebLinkAbout1 - Original Submission_ 20210603_5827_PSA with CRC for Oyster Bay_Archeological MonitoringBremerton/Cultural Resources Consultants June 2021
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PROFESSIONAL SERVICES AGREEMENT
with Cultural Resource Consultants, LLC
for Archeological Monitoring for project Oyster Bay Beach Sewer Upgrades
Project No. 5827
The City of Bremerton (“City”) and Cultural Resource Consultants (“Consultant”),
referred to collectively as the “Parties,” enter into the following Agreement for professional
services:
,Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work, dated -XQH, 2021, 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.
,,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 by September 30, 2022; 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.
,,,Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant an amount not to exceed $59,875 as shown in Exhibit B. Consultant
shall only bill for actual services performed.
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.
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,
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,
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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.
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
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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
substantive change of any insurance policy set out herein, and failure to do so shall be construed
to be a breach of this Agreement.
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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
Consultant or provided by City without prior written consent of the City. The City will not
unreasonably withhold its consent.
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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: Bill Davis Attn: Margaret Berger
City of Bremerton Cultural Resource Consultants, LLC
345 6th Street, Suite 100 1416 NW 46th St, Ste 105 PMB346
Bremerton, WA 98337-1891 Seattle, WA 98107
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.
L.Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
MB 7/28/2021
COB Intial/Date
CRC Initial/date
98194
PO Box 4159
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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.
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 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
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
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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.
CONSULTANT:
Cultural Resource Consultants, LLC
By:
Print Name: Margaret Berger
Its: Principal
Date:
ATTEST:
By:
CITY:
City of Bremerton
By:
Print Name: Greg Wheeler
Its: Mayor
Date:
APPROVED AS TO FORM:
By:
Bremerton City Attorney
Bremerton/Cultural Resources Consultants
Oyster Bay Beach Sewer Upgrades/5827
Angela Hoover, City Clerk
July 28, 2021
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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
City of Bremerton Bill Davis 360-473-2312
Mailing Address City, State, Zip Email
345 6th Street, Suite 100 Bremerton, WA 98337 William.davis@ci.bremerton.wa.us
Project Information
Project Title Regulatory Nexus CRC Project Number
Oyster Bay Beach Sewer Monitoring Section 106 2105J
Project Location Project City
Bremerton, WA
Section Township Range County Total Project Area
16 24 North 01 East Kitsap ~5 acres
Project Description
Project Schedule
Anticipated Completion Date:
June 2021 -
September 2022
1434 Madrona Point Drive to 4412 Kitsap Way
The City of Bremerton plans to construct a sewer project in the Oyster Bay area of Bremerton. The project includes
installing an upland sewer system consisting of grinder pumps and force mains. There are an estimated 37 connections to
the existing sewer main that will be disconnected. The project is funded by an Ecology CWSRF Loan (WQC-2018-
BremPW-00117). Consultation between Ecology and DAHP has determined that archaeological monitoring will be
needed during project ground disturbance.
CRC will require a minimum of 2-weeks notice prior to beginning of monitoring. CRC will monitor
during construction excavation and, as requested, with 72 hours notice. If project schedules change, CRC
requests 48 hours notice for scheduling modifications.
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Cultural Resource Consultants
P.O. Box 4159
Seattle, WA 98194 206 855-9020 ~ www.crcwa.com
Project Assumptions
Project Deliverables for Archaeological Monitoring
Task 1 - Archaeological Monitoring Plan
CRC will prepare an Archaeological Monitoring and Inadvertent Discovery Plan to be approved by Ecology.
Task 2 - Construction Crew Orientation
Task 3 - Field Monitoring
Task 4 - Archaeological Monitoring Technical Memorandum
* 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.
* Budget assumes no previously unidentified archaeological sites will be identified during monitoring. If a new site or sites
are found, an adjustment to the project scope and budget would be necessary to accommodate site recordation, evaluation,
and compliance with state/federal guidelines and regulations.
* This scope and budget is based upon the assumption that CRCs current levels of insurance liabilities are sufficient for this
project (sample certificate of insurance attached).
* Budget assumes fifty (50) days for archaeological monitoring, and a management reserve of an additional ten (10) days.
Use of the management reserve must be authorized in writing.
* Prior to monitoring, final construction plans must be provided to CRC.
CRC will provide the following project components as part of these monitoring efforts.
CRC will provide archaeological monitoring, with 2-weeks notice of preliminary schedule and 72-hours notice of actual
schedule, during construction excavation for identification of archaeological resources.
CRC will prepare a technical memorandum describing field monitoring results of investigations. CRC will update the site
records for the previously recorded isolated artifacts as needed, consistent with DAHP standards and completed on
DAHP’s WISAARD system.
* 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.
CRC will provide on-site archaeological monitoring orientation for construction crew at the beginning of project ground
disturbance.
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CRC will function as contract and project manager. The following table identifies the CRC staff expected to perform on this project.
Principal Projects Field Field Historic Office TOTAL
Investigator Manager PA I PA II PA II PAIII Architect Manager LABOR
135.53$ 109.98$ 107.55$ 93.52$ 70.14$ 64.30$ 98.20$ 95.86$ DOLLARS
MB SK MB SK IK EA
Task 1: write MIDP 4 4 430.20$
Task 2: precon/monitoring orientation 3 3 322.65$
Task 3$: Kitsap Way monitoring 40 160 200 15,524.40$
Task %: Shorewood Dr monitoring 20 80 100 7,762.20$
Task &: Grinder Pump monitoring 40 60 100 8,510.40$
Task ': Beach Monitoring 40 60 100 8,510.40$
Task : site form(s) & report 24 36 60 5,106.24$
0anagement 5eserve 40 60 100 8,510.40$
3roject Management 5 4 4 13 1,501.01$
SUBTOTAL TASK HOURS 5 4 211 0 456 0 0 4 680
SUBTOTAL TASK DOLLARS 677.65$ 439.92$ 22,693.05$ -$ 31,983.84$ -$ -$ 383.44$ 676 56,177.90$
EXPENSES
Supplies 1.10$
Lodging # of rooms 105.00$ Room Rate # of nights =
Per Diem # of crew 55.00$ Per Diem Rate # of days =-$
Mileage 110 miles RT @ 0.56 per mile x 60 # of days =3,696.00$
SUBTOTAL EXPENSES 3,697.10$
CRC reserves the right to substitute staff as needed to accomplish the work as specified in this Scope of Services within the maximum budget.59,875.00$
Date:
Project Budget:59,875.00$
CULTURAL RESOURCES ASSESSMENT BUDGET
TOTAL
HOURS
Photocopies, postage, expendable field supplies, graphic supplies
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(;+,%,7%)HHVDQG5DWHV
2021 INTERNAL BUDGET
Project Name:Oyster Bay Beach Sewer Monitoring
CRC Project #:2105J
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