Loading...
HomeMy WebLinkAbout4336 +---------------------------------------~----------------------------------+ +Browse: Next Previous First Last Update Delete Restart X - Exit +Retrieve the Next recorq .,Found: 1 Record(s) MAINTAIN Contract Transactions Contract Number 4336 . .Vendor Name +Subject +Department +Status Code + + SHANNON & WILSON INC NAVAL AVENUE SLIDE REPAIR ENGINEERING PRO - FEBRUARY 2002 Insurance Type Amount GL $2000000.00 AL $1000000.00 Amount Begin Date End Date Review Date $8000.00 01/29/2003 03/15/2003 02/15/2005 + + =1= =1= =1= =1= =1= +--------------------------------------------------------------------------+ Insurance Total Insurance Review Date $3000000.00 01/01/2005 -- Comments VAULT 01/01/2005 +--------------------------------------------------------------------------+ +Browse, Next Previous First Last Update Delete Restart X - Exit + +Retrieve the Next record + +Found: 10 Record(s) MAINTAIN Contract Transactions + + Contract Number 4336 + + +Vendor Name +subject +Department +Status Code SHANNON & WILSON INC NAVAL AVENUE SLIDE REPAIR ENGINEERING PRO - FEBRUARY 2002 + + + + + + + + + + + + + Amount Begin Date End Date Review Date Insurance Type Amount GL $2000000.00 AL $1000000.00 Insurance Total Insurance Review Date Comments VAULT 01/0l/2005 + + + + + $8000.00 + 01/29/2003 + 03/15/2003 + 02/15/2005 + + + + $3000000.00 + Ol/01/2004 + + + + + +--------------------------------------------------------------------------+ - PROFESSIONAL SERVICES AGREEMENT Naval A venue Slide Repair of February 2002 The City of Bremerton ("City") and Shannon & Wilson, Inc. ("Contractor"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Contractor agrees to perform the services more specifically described in the Scope of Work, dated January 29, 2003, including any addenda thereto as of the effective date of this Agreement, attached hereto as Exhibit A, which is incorporated herein by this reference as if fully set forth. The Scope of Work may be modified only pursuant to Section VII.H. of this Agreement. Ifthe Scope of Work provides for unspecified additional services, the services shall only be performed upon the express written request of the City. Contractor 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 Contractor 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 March 15th of 2003; 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 Contractor in an amount not to exceed $8,000. Contractor's charges and bills shall conform to the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. The Contractor shall submit regular billing statements describing services rendered and the amount charged for each service. The descriptions shall conform to and fall within the categories set out in the Scope of Work. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to direct the Contractor's compensated services under the time frame set forth in Section II herein before reaching the maximum amount. The Contractor's bill rates shall be as delineated in Exhibit A. Contractor 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. Additional services shall be compensated for only if requested pursuant to Section I and shall be compensated as set out in the request or, if the request does not so provide, as set out in the attached fee schedule. 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 Contractor of its obligations under this Agreement. BremertonlShannon & Wilson. Inc. Naval A venue Slide Repair of February 2002 Page I of? IV. Relationship of Parties: Contractor is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Contractor and its personnel are independent contractors and not employees of the City. Contractor and its personnel have no authority to bind the City or to control the City's employees and other contractors. 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-contractors of the Contractor. Contractor will be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, representatives and sub-contractors during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. As an independent contractor, Contractor 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 Contractor or its personnel. As an independent contractor, Contractor 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, 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 Contractor. V. Indemnification: Contractor 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 Contractor's negligent performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence or the negligence of third parties over whom the Contractor exercises no authority or control. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that 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 Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. 1T IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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. Bremerton/Shannon & Wilson, Inc. Naval Avenue Slide Repair of February 2002 Page 2 of 7 VI. Insurance: The Contractor 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 Contractor, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Contractor 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 employer's liability; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. 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 Contractor 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 Contractor'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 Contractor'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. 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. Bremerton/Shannon & Wilson, Inc. Naval Avenue Slide Repair of February 2002 Page 3 of 7 VII. General Conditions: A. Reports and Information: When requested by the City, Contractor 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. Contractor 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 developed under this Agreement shall belong to and become the property of the City. All written information submitted by the City to the Contractor in connection with the services performed by the Contractor under this Agreement will be safeguarded by the Contractor to at least the same extent as the Contractor safeguards like information relating to its own business. If such information is publicly available or is already in Contractor's possession or known to it, or is rightfully obtained by the Contractor from third parties, Contractor shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Contractor under this Agreement may be stored at Contractor's office in Bremerton, Washington. Contractor 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. Any use or reuse of the documents, data and files created by Contractor for the City on this project by anyone other than Contractor on any other project shall be without liability or legal exposure to Contractor. C. Contractor to Maintain Records to Support Independent Contractor Status: On the effective date of this Agreement (or shortly thereafter), Consultant shall: 1. File a schedule of expenses with the Internal Revenue Service for the type of business Consultant conducts; 2. Establish an account with the Washington State Department of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to receive a unified business identifier number from the State of Washington; and 3. Maintain a separate set of books and records that reflect all items of income and expenses of Consultant's business, all as described in the Revised Code of Washington (RCW) Section 51.08.195, as required to show that the services performed by Consultant under this Agreement shall not give rise to an employer- employee relationship between the parties which is subject to RCW Title 51, Industrial Insurance. Bremerton/Shannon & Wilson, Inc. Naval Avenue Slide Repair of February 2002 Page 4 of 7 D. Work Performed at Contractor's Risk: Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor 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 Contractor shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices at 3027 Olympus Drive, Bremerton, Washington, 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, unless notified to the contrary. Any written notice hereunder shall become effective upon the date of mailing by registered or certified mail, 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. City Address Contractor Address Dept. of Public Works & Utilities Shannon & Wilson, Inc. 3027 Olympus Drive 400 N 34th St.; Suite 100 Bremerton, Wa. 983 I0 P.O. Box 300303 Seattle, WA 98103 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. Bremerton/Shannon & Wilson, Inc. Naval Avenue Slide Repair of February 2002 Page 5 of 7 L. Compliance with Laws: Contractor 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 Cou~t. N. Attorneys' Fees: The substantially prevailing Party in any litigation arising out of this Agreement shall be entitled to its reasonable attorneys' fees and court costs. VIII. Nondiscrimination: Contractor 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 for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated, at will, by either Party upon 30 days' notice to the other Party. This Agreement may be immediately terminated for cause by a Party if the other Patty 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 the non-performing Party. If the City receives reimbursement by any federal, state, or other soume 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. Termination shall be effective ten calendar days after Consultant's receipt of the written notice by certified mall. 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; and (4) negotiated and executed supplemental agreements between the City and Consultant for Consultant to perform extra work defined as tasks not included in the Scope of Work referenced as Exhibit A. 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 Bremerton/Shannon & Wilson, Inc. Naval Avenue Slide Repair of February 2002 Page 6 of 7 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. Upon termination the City will be entitled to reports showing the status of all items listed in the Scope of Work current through the termination date. CITY OF BREMERTON CONTRACTOR Approved as to form: ~/t ~r/~ Bremerton/Shannon & Wilson, Inc. Naval Avenue Slide Repair of February 200'2 Page 7 of 7 EXHIBIT A CITY OF BREMERTON NAVAL AVENUE SLIDE OF FEBRUARY 2002 REPORT SCOPE OF SERVICES INTRODUCTION The initial landslide occurred in March of 1997. Shannon & Wilson provided a geotechnical evaluation of the landslide for the City of Bremerton in a report dated June 26, 1997. Tensar Technologies provided design of the landslide repair, which consisted ofa geogrid-reinforced fill, and repairs were completed in July 1999. Shannon & Wilson provided review of the design and observed construction for one day. A subsequent landslide occurred at the site in February 2002. PROJECT TASKS CONSUL TANT RESPONSIBILITIES 1. Review of project files. 2. Site visits to evaluate slope stability conditions and observation of the slope toe. 3. Conceptual designs for stabilization, including typical drawings and cost estimates. CITY RESPONSIBILITIES Coordination with Shannon & Wilson for providing equipment and personnel for excavation of the toe. I~ORK PRODUCT Four copies of a technical memorandum outlining the alternatives and costs for corrections to the slide repair. SHANNON &VVILSON. INC. ATTACHMENT B 2003 FEE SCHEDULE - FEES AND EXPENSES FOR RENDERING SERVICES Fees for Shannon & Wilson's services are based on the actual time expended on the project, including travel, by our personnel and will be computed by multiplying the actual number of hours worked times the following rates: Enn./Geol./Hvdro./Envron./Pd sk Assess. Overtime Officer 175.00 Semor PrinciPal 107.00 Sr. Technician/Drafter 75.00 95.OO Sr. Staff Consultant 165.00 Principal 100.00 Techulcian/Drafter IV 62.00 77.00 Staff Consultant t 35.00 Senior 88.00 Technician/Drafter III 58.00 73.00 Senior Associate 140.00 Category 1V 80.00 Clerical 58.00 73.00 Associate 125.00 Category IH 73.00 Technician/Drafter H 53.00 68.00 Category Il 67.00 TechnicianfDrafter I 44.00 57.00 Category I 60.00 SPECIAL SERVICES Computer Analyst 85.00 Info. Resources Spec. 75.00 These rates are for the current calendar yeox only. At the end of each calendar year, our rates will be adjusted for the next calendar year. The hourly rates for the services of our staff will be doubled for time spent actually providing expert testimony. 2oo3-r~-s~.~¢t,,va~d 21-3-50113-001