HomeMy WebLinkAbout4270
+--------------------------------------------------------------------------+
tBrowse: Next Previous First
tRetrieve the Next record
tFound: 1 Record(s)
t
t
tvendor Name
tSubject
tDepartment
tStatus Code
t
t
t
t
t
=1=
T
t
,I,
Comments
Last
MAINTAIN
Contract Number
Update
4270
Delete
Restart
Contract Transactions
x - Exit
t
t
t
t
=1=
LARSON ANTHROPOLOGICAL ARCHAEOLOGICAL SERVICES LTD
ARCHAEOLOGICAL MONITORING/TRAINING CALLOW AVE eso
ENGINEERING
PRO
Insurance
Type Amount
GL $2000000.00
VAULT 01/01/2005
Amount
Begin Date
End Date
Review Date
Insurance Total
Insurance Review Date
t
$13098.67 t
04/25/2002 t
12/31/2002 =1=
02/15/2005
$2000000.00 T
12/01/2003 t
=1=
-.- - -
+--------------------------------------------------------------------------+
+--------------------------------------------------------------------------+
+Browse: Next Previous First Last Update Delete Restart X - Exit +
+Retrieve the Next record +
+Found: 10 Record(s) MAINTAIN Contract Transactions +
+
+
+Vendor Name
+Subject
+Department
+Status Code
Contract Number
4270
+
+
+
+
+
+
LARSON ANTHROPOLOGICAL ARCHAEOLOGICAL SERVICES LTD
ARCHAEOLOGICAL MONITORING/TRAINING CALLOW AVE CSO
ENGINEERING
PRO
+
+
+
+
+
+
Insurance
Type Amount
GL $2000000.00
Amount
Begin Date
End Date
Review Date
$13098.67 +
04/25/2002 +
12/31/2002 +
02/15/2005 +
+
+
+
$2000000.00 +
12/01/2003 +
+
+
+
+
+
+
+
+
+
+
+
Insurance Total
Insurance Review Date
Comments
VAULT 01/01/2005
+--------------------------------------------------------------------------+
PROFESSIONAL SERVICES AGREEMENT
CITY OF BREMERTON - WB-6 PUMP STATION
LARSON ANTHROPOLOGICAL ARCHAEOLOGICAL SERVICES LIMITED
THIS AGREEMENT is between the City of Bremerton, a municipal corporation
(hereinafter referred to as "City" and "Owner") and Larson Anthropological
Archaeological Services Ltd., (hereinafter referred to as "Consultant").
WIT N E SSE T H:
I. SCOPE: Consultant agrees to provide services for archaeological monitoring of the
Callow Avenue CSO Pump Station and providing a two-hour training course for key City
personnel, as further described in the Scope of Work, attached hereto and incorporated
herein by this reference as Exhibit "A" (Scope of Work).
II. TERM: Contract shall commence on the date of this agreement and will terminate
on December 31,2002, unless otherwise extended by the City.
III. COMPENSATION: City shall pay Consultant compensation as follows:
Total fees under this Agreement shall not exceed $13,098.67. 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 compensated by the City
after the City has directed such performance in writing.
IV. Relationship of Parties: The parties intend that an independent
Consultant-employer relationship will be created by this Agreement. As Consultant is
customarily engaged in an independently established trade which encompasses the
specific service provided to the City, no agent, employee, representative or
sub-Consultant of Consultant shall be or shall be deemed to be the employee, agent,
representative or sub-Consultant of the City. In the performance of the work, Consultant
is an independent Consultant. 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, employees, representatives and sub-Consultants during the
performance of this Agreement. The City's administration and enforcement ofthis
Agreement shall not be deemed an exercise of managerial control over Consultant or its
PROFESSIONAL SERVICES AGREEMENT
LAAS PSA
10f6
personnel. Consultant shall work under the direction of the City's Project Manager. The
City may, during the term of this Agreement, engage other independent Consultants to
perform the same or similar work.
V. 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.
VI. Licenses & Taxes: Consultant shall possess a current Bremerton Business License
and regulatory licenses required to fulfill Consultant's obligations under this contract. 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, B&O, and City business
licensing. If any taxes or fees due the City have been declared delinquent, Consultant, by
this agreement, assigns any payments due under this contract to the City Clerk for
payment of such taxes. The City may also withhold the delinquent amount, plus any
additional charges arising from the delinquency, from any payments due Consultant.
VII. Insurance and Hold Harmless:
A. Indemnification: Consultant shall defend, indemnify hud hold the City, its
officers, officials, employees, agents and volunteers harmless fi.om any and all
claims, injuries, damages, losses or suits, including all legal costs and attorney
fees, arising out of or in connection with the Consultant's performance of this
Agreement, except for that portion of the injuries and damages caused by the
City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed
shall not be grounds to avoid any of these covenants of indemnification.
Should a corot of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in thc 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.
PROFESSIONAL SERVICES AGREEMENT
LAAS PSA
2 of 6
The provisions of this section shall survive the expiration or termination of this
Agreement.
B. 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-Consultants.
Before beginning work on the project described in this Agreement, the Consultant
shall provide a Certificate of Insurance evidencing:
1. Commercial General Liability insurance written on an occurrence basis
with limits no less than $500,000 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 (XCLO if applicable; and employer's
liability; and
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 shall 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 the endorsement naming the City as
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.
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 insurance as respects the City
and the City shall be given thirty (30) days prior written notice by certified
mail, return receipt requested, of any cancellation, suspension or material
change in coverage.
PROFESSIONAL SERVICES AGREEMENT
LAAS PSA
3 of 6
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.
VIII. 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 fin'nished in the time and form requested.
Consultant shall maintain accounting records in accordance with Generally
Accepted Accounting Principles (GAAP) to substantiate all billed information.
B. Entire Agreement: This Agreement and its Exhibits A and B constitute 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.
C. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
i). Modification: This Agreement may only be modified by written instrument signed
by both Parties.
E. Notices: Notices shall be in writing and delivered to the following addresses:
City Address Consultant Address
City of Bremerton Lynn Larson
Cit Clerk LAAS
239 Fourth Street 7700 Pioneer Way, Suite 101
Bremerton, WA 98337 Gig Harbor, WA 98335-1164
F. 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.
G. Compliance with Laws: Consultant shall comply with all applicable Federal,
State, and local laws in performing its obligations under this Agreement.
It. 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.
I. Attorneys' Fees: To the extent not inconsistent with RCW 39.04.240, in any claim
or lawsuit for damages arising from the parties' performance of this agreement,
each party shall be responsible for payment of its own legal costs and attorney's
fees incurred in defending or bringing such claim or lawsuit; however, nothing in
PROFESSIONAL SERVICES AGREEMENT
LAAS PSA
4 of 6
this subsection shall limit the City's right to indemnification under Section VII of
this agreement.
J. Assignment: Any assignment of this Agreement by the Consultant without the
written consent of the City shall be void. If the City shall give its consent to any
assignment, the terms of this agreement shall continue in full force and effect and
no further assignment shall be made without the City's consent.
IX. Nondiscrimination: Consultant shall not discriminate in employment or services to
the public on thc basis of race, color, national origin, sex, religion, age, marital status, or
disability, except for employment actions based on bona fide occupational qualification.
x. Termination: This Agreement may bc terminated, at will, by either Party upon ninety
(90) days' notice to thc other Party. 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 five days of the terminating Party's sending notice to thc
non-performing Party.
Upon termination, the City shall be entitled to copies of all Consultant's records and
data pertaining to performance under this contract. The City will pay Consultant for
services rendered up until the date of termination upon receipt of invoices substantiating
the extent of satisfactory services rendered.
PROFESSIONAL SERVICES AGREEMENT
LAAS PSA
5 of 6
XI. Successors and Assigns: The City and Consultant each agree to be bound to the other
party in respect to all covenants, agreements, and obligations contained in this contract.
Neither party shall assign the contract in part or as a whole, without the written consent
of the other.
IN WITNESS WHEREOF the parties hereto have executed this Contract the date
and year indicated.
LARSON ANTHROPOLOGICAL ARCHAEOLOGICAL SERVICES
Cary Boz&nan~Mayor Date
Dep~l ~-~
W. Eugene Sample~ctor
Public Works & Utilities
City Attorney
Received for Filing:
K~thleen McClus[ey, City Clerk
PROFESSIONAL SERVICES AGREEMENT
LAAS PSA
6 of 6
EXHmITA
SCOPE OF WORK
CITY OF BREMERTON
Cultural Resources Awareness Training and
Archaeological Monitoring
City of Bremerton WB~6 Pump Station
Task 1. Preconstruction Meeting. A LAAS Principal Investigator and the monitoring archaeologist will
attend a preconstmction meeting to discuss protocols, to introduce the archaeologist to the construction
contractor and City of Bremerton inspectors, to identify the chain of command, and to explain procedures
for inadvertent discoveries.
Task 2. Archaeological Monitoring. Archaeological monitoring will be conducted for the City of
Bremerton's WB-6 Pump Station Project in accordance with the Contract Documents. The archaeologist
will coordinate with the City of Bremerton personnel and the construction contractor to identify dates for
monitoring, to determine acceptable protocols on-site, and the archeologist will keep daily notes to
document his observations. Monitoring will be discontinued if assumptions regarding probability change
once the archaeologist is able to observe subsurface soils. The archaeologist will cease monitoring once
the excavation has reached a level below native soils where archaeological deposits would be expected to
OCCUr.
Task 3. A letter ~port of findings will be prepared for submission to the City of Bremertnn, Office of
Archaeology and Historic Preservation, and the Suquamish Tribe that documents monitoring methods and
results with accompanying figures and photos of stratigraphy.
Task 4. Cultural Resources Awareness Training Preparation. LAAS will develop a two-hoUr
presentation to raise the awareness of City of Bmmerton planners, engineers, and inspectors regarding the
definition and likelihood of identifying archaeological resources in the City of Bremerton, the legal
foundation for cultural resources identification, evaluation, and mitigation, and procedures in the event of
inadvertent discovery.
LAAS will develop an agenda through consultation with the City of Bremerton and the Suquamish Tribe
for the presentation, which will be reviewed and approved prior to development of the presentation.
Task 5. Cultural Resources Awareness Training. LAAS will present a two-hoUr cultural resources
awareness training to City of Bremerton planners, engineers, and inspectors.
EXmlT B
COST ESTIMATE
Larson Anthropological CLIENT:
Archaeological Services Limited City of Bremerton March 18, 2002:
7700 Pioneer Way, Suite 101 Public Works and Utilities
Gig Harbor, WA 98351 3027 Olympus Drive
Bremerton, WA 98310
Project:City of Bremerton Callow CSO Cutlmal Resources Training and Monitoring
1. Labor Costs
Name Direct Rate Hours Labor Cost -
Task 1 :Preconstmction meeting
Principal Investigator $43.27 4.00 $173.08
Archaeological Monitor $18.40 4.00 $73.60
Total Task 1 8.00 $246.68
Task 1: Archeological Monitoring
Principal Investigator $43.27 8.00 $346.16
Archaeological Monitor $18.40 150.00 $2,760.00
Total Task 2 158.00 $3,106.16
Task 3:Monitoring Report Preparation
Principal Investigator $43.27 4.00 $173.08
Archaeological Monitor $18.40 32.00 $588.80
Graphics/Word processing $15.91 8.00 $127.28
Total Task 3 44.00 $889.16
Task 4:Cultural Resources Awareness Training Preparation
Principal Investigator $43.27 16.00 $692.32
Senior Archaeologist $31.57 16.00 $505.12
Research Archaeologist $21.05 8.00 $168.40
Total Task 4 40.00 $1,365.84
Task 5:Cultural Resources Awareness Training
Principal Investigator $43.27 6.00 $259.62
Senior Archaeologist $31.57 8.00 $252.56
Research Archaeologist $21.05 6.00 $126.30
Total Task 5 20.00 $512.18
TOTAL LABOR COSTS $6,120.02
Indirect Charges
Overhead ~ .8322% $5,093.08
2. Direct Costs
Mileage, 1000 mi. ~ $.365/mi. $365.00
Correspondence-Telephone and postage $25.00
Maps and supplies $25.00
Film; processing; slide development $100.00
Photocopy $25.00
Subtotal Direct Costs $540.00
TOTAL LABOR, INDIRECT COSTS, DIRECT COSTS $11,753.10
3. Fixed Fee -~ _
12% Direct Labor, Overhead, and Direct Costs $1,410.37
4. TOTAL COST $13,163.47