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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