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Contract Number 4183
. .Vendor Name
'",Subj ect
,.l.Department
"Status Code
ART ANDERSON
CONSULTANT -
ENGINEERING
PRO
ASSOCIATES
ON-CALL STRUCTURAL ENGINEERING SVCS
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Insurance
Type Amount
GL $2000000.00
E&O $2000000.00
Amount
Begin Date
End Date
Review Date
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$19000.00 1=
05/14/2001
12/31/2002
02/15/2005 --
Insurance Total
Insurance Review Date
-.-
,.
$4000000.00 ,.
07/01/2003
Comments
VAULT 01/01/2005
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+Vendor Name
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ART ANDERSON ASSOCIATES
CONSULTANT - ON-CALL STRUCTURAL ENGINEERING SVCS
ENGINEERING
PRO
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Insurance
Type Amount
GL $2000000.00
E&O $2000000.00
Amount
Begin Date
End Date
Review Date
$19000.00 +
05/14/2001 +
12/31/2002 +
02/15/2005 +
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$4000000.00 +
07/01/2003 +
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Insurance Total
Insurance Review Date
Comments
VAULT 01/01/2005
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PROFESSIONAL SERVICES AGREEMENT
Art Anderson Associates
THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to
as "City" and "Owner") and ART ANDERSON ASSOCIATES (hereinafter referred to as "Consultant" and "ART
ANDERSON ASSOCIATES").
WITNESSETH:
1. SCOPE: Consultant agrees to provide engineering services as further described in the Scope of Work
attached hereto and incorporated herein by this reference as Exhibit "A".
2. TERM: Cuna'act shall commence on the date of this agreement and will terminate on December 31,
2002, unless otherwise extended by the City.
3. COMPENSATION: City shall pay Consultant compensation as follows:
Total fees under this Agreement shall not exceed nineteen thousand dollars ($19,000.00). Charges for
services shall conform to the fee schedule attached hereto and incorporated herein as Exhibit "B".
Consultant shall submit regular statements describing the services rendered with, a breakdown for work
completed as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly
process said claim for payment.
Additional services which may be requested by the City will be paid for by the City at the rates set forth in
Exhibit B, which sum may exceed the "not to exceed" amount set forth above. However, said services will only be
performed, and compemated by the City after the City has directed such performance in writing.
4. RELATIONSHIP OF PARTIES: The parties understand and agree that ART ANDERSON
ASSOCIATES is a firm skilled in matters pertaining to Architecture and Engineering and will perform independent
functions and responsibilities in the area of its particular field of expertise. Consultant and its personnel shall act as
independent contractors and not employees of the City. As such they have no authority to bind neither the City or
control employees of the City, contractors, or other entities. Consultant shall work under the direction of the
Director of Public Works & Utilities.
5. INDUSTRIAL INSURANCE: Consultant agrees to provide for State industrial insurance coverage for
its personnel as required by State law.
6. LICENSE AND TAXES: Consultant shall possess a current Bremertun Business License and any
regulatory license required to fulfill Consultant's obligations under this Agreement. B & O taxes shall be paid when
due and Consultant, by this Agreement, assigns any payments due under this Agreement to the City Clerk for
payment of such taxes that have been declared delinquent.
7. INSURANCE AND HOLD HARMLESS: Consultant shall provide professional liability or errors and
omissions insurance of $1,000,000 per claim and comprehensive general liability insurance, including bodily injury
and property damage, of at least $1,000,000 per occurrence. The City shall be named an additional insured on the
comprehensive general liability insurance policy.
Consultant shall, at all times, be responsible for the negligent or wrongful acts or failures to act of its
personnel, which occur or arise in any way out of the performance of this agreement. Consultant agrees to defend
and indemnify and hold harmless the City, its appointed and elected officers and employees, from and against any
and all liability, loss, costs, damage, and expense, inclucYmg costs and attorney fees in defense thereof, because of
City of Bremerton 1 On-Call Professional Services Agreement
actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time
resulting there from, sustained by any person or persons, and on account of damage to property, to the extent arising
out of the negligent performance of this Agreement, if such injuries to persons or damage to property is due to the
negligence of the Consultant, its subcon~actors, its agents or assigns. This provision shall be inapplicable to the
extent such damage or injury is judicially found to be caused by the negligence of the City.
The parties have specifically negotiated to provide that Consultant defend, hold harmless, and indemnify
the City for all claims, damages, and losses, including attorneys fees, arising from any claims of Consultant's
employees for injuries covered by Title 51 RCW, and for which Consultant could not be held directly table.
8. GENERAL CONDITIONS:
a. Reports and Information - Consultant, at such times and in such forms as the City may require, shall
furmsh the City such reasonable periodic reports and documents as it may request pertaining to the work or services
undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith,
and any other matters covered by this Agreement. Consultant will maintain accounting records in accordance with
generally accepted accounting principles and practices to substantiate all invoiced amounts.
b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both
parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text
of this Agreement. There are attached hereto and incorporated by reference as part of this Agreement Exhibits "A,
B, & C".
c. Amendments - The patties hereby further agree that this Agreement cannot be amended or modified
without the written concurrence of both parties.
d. Notices - Any notices required to be given by the City to Consultant or by Consultant to the City shall
be in writing and delivered to the parties at the following addresses:
City Clerk ART ANDERSON ASSOCIATES
239 Fourth St. 202 Pacific Avenue
Bremerton, WA 98337 Bremerton, WA 98337
e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this
Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at
any time be taken to be a waiver of any other breach.
f. Compliance with State, Local and Federal Laws - Consultant agrees to comply with all applicable local,
state and federal laws in performance of all services under this Agreement.
g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the
laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in
Kitsap County Superior Court.
h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to
its reasonable attorney's fees and court costs, including appeals, if any.
9. NONDISCRIMINATION: Consultant shall not discriminate in employment or services to the public
on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions
based on a bona fide occupational qualification.
10. TERMINATION: This Agreement may be terminated by either party for convenience upon thirty
(30) days' written notice to the other party, or for cause if either party fails substantially to perform through no fault
of the other and does not commence correction within five (5) days of written notice and diligently completes the
City of Bremerton 2 On-Call Professional Services Agreement
correction thereafter. Upon such termination, City will be entitled to reports showing the status of all mat~ers upon
which Consultant is advising the City as of the effective date of termination.
11. STANDARD OF PERFORMANCE: The standard of care for all professional engineering and
related services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used
by members of Consultant's profession practicing under the same or similar circumstances at the same time and in
the same locality.
12. CONSTRUCTION PROCEDURES: not applicable (no constntction procedures are directly
associated with this projecO.
13. RE-USE O1* DOCUMENTS: All documents, including all reports, drawings, specifications,
computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instnunents of
service with respect to the project and are property of the City.
14. ItAZARI)OUS MATERIALS: not applicable (there are no construction projects or subsurface
explorations associated with this projecO.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year
indicated.
Date:ART ANDERS ON ASSOCIATES BY: ~~~. --
CHARLES P. DODGEN, AIA
CITY OF BREMERTON ~4
Date: L~'--/t~'(~)/ BY: ~ ~l
LYNN S. HORTON, Mayor
DEPARTMENTAL APPROVAL: )~
W. Eugene Sampley, Director of Public Works & Utilities
APPROVED AS TO FORM:
~-'~ City Attorney
RECEIVED FOR FILING:
KATHLEEN L. McCLUSKEY, CITY CLERK
City of Bretnerton 3 On-Call Professional Services Agreement
EXHIBIT A
CITY OF BREMERTON
STRUCTURAL ENGINEERING SERVICES
SCOPE OF WORK
General
The propose of this contract is for Art Anderson Associates (Consultant) with Structural Engineering and
Architectural expertise to provide field evaluation of buildings and structures on behalf of the City of
Bremerton (City). The Consultant shall provide such services at the request of the City in response to
natural disaster events (e.g. earthquakes) or other events, as the City deems necessary. The Consultant will
conduct field investigations, identify the extent of the f'mdings of the investigations and provide
engineering findings and recommendations.
Direction for the work shall be on a task (e.g. event) basis, delivered to the Consultant by the Director of
Public Works or the City Engineer. Verbal direction (e.g. radio, telephone), FAX, in-person, e-mail or
written authorization will be satisfactory to initiate work by the Consultant.
Upon request by the City, the Consultant shall:
A. Consult with the City to determine the requirements of the City's request and confirm such
requirements to the City.
B. Have certified building inspectors and Washington State licensed professional structural engineers
conduct field evaluation and complete site survey forms in conformance with ISO 2000 and the
ATC 20 -1 manual for "Postearthquake Safety Evaluation of Buildings", 1989, and any recent
updates to these manuals of practice.
C. Provide communication back to the City during the field evaluations to insure timely assessment
and dissemination of information to the City.
D. Prepare a brief f'mal report relative to the City's request and requirements concerning the f'mdings
of the field investigation and submit to the City within 7 days of the work request.
E. Prepare one invoice for each authorized task/event which details individual labor hours and
indirect cost per structure evaluated.
City of Bremerton 1 On-Call Engineering Services
EXHIBIT B
CITY OF BREMERTON
ON-CALL STRUCTURAL ENGINEERING SERVICES
COMPENSATION
Compensation for Consultant's services under this Conlract shall be on a time and materials fee based on
the hourly rates set forth in Table B-1 but not to exceed the Total Price. The cost for materials and other
direct cost items shall be "at-cost" without mark-up.
Table B-1
Classification Hourly
Rate
Engineering Management/Principal $125.00
Sr. Engineer/Sr. Architect/Project Manager $95.00
Engineer/Architect/Sr. Designer/Sr. Inspector $80.00
Jr. Engineer/Jr. Architect/Designer/Field Inspector $65.00
CAD Drafter $50.00
Clerical $45.00
Expert Witness
Preparation $150.00
Testimony $240.00
Reimbursable expenses will be charged at the rates shown below:
Automobile Travel $.325/mile for AAA or employee vehicle
Other Travel Costs Actual cost
Food and Lodging Actual cost
Photocopying $.05/copy plus operator time
Engineering Copier Bond $.30/sq ft plus operator time
Engineering Copier Vellum $.40/sq ft plus operator time
Plotter Opaque Bond $.55/sq ft plus operator time
City of Bremerton 2 On-Call Engineering Services
Plotter Presentation $.85/sq ft plus operator time
Plotter Vellum $.60/sq ft plus operator time
Plotter Mylar $1.30/sq ft plus operator time
Other Reproduction Costs Actual cost
Film & Processing/Miscellaneous Actual cost
An invoice shall be submitted to the City for work performed for each task/event. The second and
subsequent invoices, if any, shall summariZe the cost-m-date covered by all previously submitted invoices
and shall be computed pursuant to the rates and limitations set forth above.
Ci~ of Brernerton 3 On-Call Engineering Services
EXHIBIT C
CITY OF BREMERTON
ON-CALL STRUCTURAL ENGINEERING SERVICES
PROJECT SCHEDULE
The Consultant understands that this work must be conducted at a schedule as needed by the City in
response to aa emergency or other time-critical event. Request for type of services listed in Exhibit A will
be made by the Public Works Director, the City Engineer, or other individual designated by the Public
Works Director within 24-hours of the event. It is likely that the Consultant will be requested to perform
said services upon such immediate notice. There is no particular schedule for emergency events; this
Professional Services Contract shall expire in accordance with the terms set forth hi the Agreement.
Cily of Bremerton 4 On-Call Engineering Services