Loading...
HomeMy WebLinkAbout5.680 Original Contract t '!~ 5. t.G go " AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND LARSON ANTHROPOLOGICAL ARCHAEOLOGICAL SERVICES LIMITED Project #03-12B RELATING TO: CROWN PARK STORM & SANITARY SEWER PROJECT THIS AGREEMENT is made and entered into this ~ay of ~ A 0 ., 2004, by and between THE CITY OF PORT ANGELES, a non-charte ode city of the State of Washington, (hereinafter called the "CITY") and LARSON ANTHROPOLOGICAL ARCHAEOLOGICAL SERVICES LIMITED, a Washington Corporation (hereinafter called the "CONSULTANT"). WHEREAS, the CITY desires to an archaeological assessment of the area impacted by the proposed construction of sanitary and storm sewer lines along the base of the bluff below Crown Park and near the intersection of Marine Drive and Hill Street, and WHEREAS, the CITY desires to engage the professional services and assistance of a archaeological firm to perform the scope of work as detailed in Exhibit A, and WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes of the State of Washington for professional registration and/or other applicable requirements, and WHEREAS, the CONSULTANT represents that it has the background, experience, and ability to perform the required work in accordance with the standards of the profession, and WHEREAS, the CONSULTANT represents that it will provide qualified personnel and appropriate facilities necessary to accomplish the work; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants and agreements set forth below, the parties hereto agree as follows: SCOPE OF WORK The scope of professional services to be performed and the results to be achieved by the CONSULTANT shall be as detailed in the attached Exhibit A and shall include all services and material necessary to accomplish the work. The CITY may review the CONSULTANT'S work product, and if it does not meet Office of Archaeology and Historic Preservation standards, the CONSULTANT shall make such changes as may be required by the CITY. Such changes shall not constitute City of Port Angeles - [June 2004] Page 1 of 7 .' "Extra Work" as related in Section X2 of this Agreement. The CONSULTANT agrees that all services performed under this Agreement shall be in accordance with the standards of the profession and in compliance with applicable federal, state and local laws. The Scope of Work may be amended upon written approval of both parties. II OWNERSHIP OF DOCUMENTS Upon completion of the work, all documents, exhibits, photographic negatives, or other presentations of the work shall become the property of the CITY for use consistent with Washington State law and without representation as to suitability for reuse by any other party unless specifically verified or adapted by the CONSULTANT. However, any alteration or reuse of the documents, by the City or by others acting through or on behalf of the City, will be at the City's sole risk. III DESIGNATION OF REPRESENTATIVES Each party shall designate its representatives in writing. IV TIME OF PERFORMANCE The CONSULTANT may begin work upon issuance of Notice To Proceed by the CITY. The work shall therefore be completed by July 15, 2004. V PAYMENT The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such payment shall be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment shall be on the basis of the CONSULTANT'S cost for actual labor, overhead and profit plus CONSULTANT'S direct non-salary reimbursable costs as set forth in the attached Exhibit B. 1. Labor costs shall be based on the hourly rates shown in Exhibit B. 2. The direct non-salary reimbursable costs are those directly incurred in fulfilling the terms of this Agreement, including, but not limited to, travel, subsistence, telephone, reproduction and printing, supplies and fees of outside services and consultants. Ten percent (10%) overhead and profit may be added to direct non- salary reimbursable costs. B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall detail the work, hours, employee name, and hourly rate; shall itemize with receipts and invoices the non-salary direct costs; shall indicate the specific task or City of Port Angeles - [June 2004] Page 2 of 7 .! .1 activity in the Scope of Work to which the costs are related; and shall indicate the cumulative total for each task. C. The CITY shall review the invoices and make payment for the work completed. D. The CONSULTANT invoices are payable within 30 days of receipt. In the event of a disputed billing, only the disputed portion will be withheld from payment. E. Final payment for the balance due to the CONSULTANT will be made upon the completion of the work and acceptance by the CITY. F. Payment for "Extra Work" performed under Section XII of this Agreement shall be as agreed to by the parties in writing. VI MAXIMUM COMPENSATION Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation and reimbursement under this Agreement, including labor, direct non- salary reimbursable costs and outside services, shall not exceed the maximum sum of $10,000. VII INDEPENDENT CONTRACTOR STATUS The relation created by this Contract is that of employer-independent contractor. The Contractor is not an employee of the City and is not entitled to the benefits provided by the City to its employees. The Contractor, as an independent contractor, has the authority to control and direct the performance of the details of the services to be provided. The Contractor shall assume full responsibility for payment of all Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax. VIII EMPLOYMENT Employees of the CONSULTANT, while engaged in the performance of any work or services under this Agreement, shall be considered employees of the CONSULTANT only and not of the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the CONSULTANT'S employees while so engaged, on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. In performing this Agreement, the CONSULTANT shall not employ or contract with any CITY employee without the City's written consent. City of Port Angeles - [June 2004] Page 3 of 7 .' IX NONDISCRIMINATION The CONSULTANT shall conduct its business in a manner, which assures fair, equal and non-discriminatory treatment of all persons, without respect to race, creed or national origin, or other legally protected classification and, in particular: A. The CONSULTANT shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity/affirmative action requirements; and, B. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. X SUBCONTRACTS The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. XI CHANGES IN WORK Other than changes directed by the CITY as set forth in Section I above, either party may request changes in the scope of work. Such changes shall not become part of this Agreement unless and until mutually agreed upon and incorporated herein by written amendments to this Agreement executed by both parties. XII EXTRA WORK The CITY may desire to have the CONSULTANT perform work or render services in connection with this project, in addition to the Scope of Work set forth in Exhibit A and minor revisions to satisfactorily completed work. Such work shall be considered as "Extra Work" and shall be addressed in a written supplement to this Agreement. The CITY shall not be responsible for paying for such extra work unless and until the written supplement is executed by both parties. XIII TERMINATION OF AGREEMENT A. The CITY may terminate this Agreement at any time upon not less than ten (10) days written notice to the CONSULTANT. Written notice will be by certified mail sent to the consultant's designated representative at the address provided by the CONSULTANT. B. In the event this Agreement is terminated prior to the completion of the work, a final payment shall be made to the CONSULTANT, which, when added to any payments City of Port Angeles - [June 2004] Page 4 of 7 ,. .' previously made, shall compensate the CONSULTANT for the percentage of work completed. C. In the event this Agreement is terminated prior to completion of the work, documents that are the property of the CITY pursuant to Section II above, shall be delivered to and received by the CITY prior to transmittal of final payment to the CONSULTANT. IV INDEMNIFICATION/HOLD HARMLESS The CONSULTANT agrees to indemnify the CITY from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs, arising out of claims by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the CONSULTANT, CONSULTANT employees, affiliated corporations, officers, and subcontractors in connection with the work performed under this Agreement. The CITY agrees to indemnify the CONSULTANT from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs, arising out of claims by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the CITY, CITY's employees, or agents in connection with the work performed under this Agreement. If the negligence or willful misconduct of both CONSULTANT and CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, Ithe loss, cost, or expense shall be shared between the CONSULTANT and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity shall apply for such proportion. 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 CONSULTANT and the CITY, its officers, officials, employees, 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. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. However, the CONSULTANT expressly reserves its rights as a third person set forth in RCW 51.24.035. XV 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 City of Port Angeles - [June 2004] Page 5 of 7 " .' CONSULTANT, its agents, representatives, employees or subcontractors. 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 $2,000,000 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. 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 CONSULTANT. 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 review a certified copy of all required insurance policies in the CONSULTANT's office. The CONSULTANT'S 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 of any cancellation, suspension or material change in coverage. XV APPLICABLE LAW 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 litigation brought hereunder shall be Clallam County. XVI EXHIBITS AND SIGNATURES This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following exhibits are hereby made a part of this Agreement: City of Port Angeles - [June 2004] Page 6 of 7 . ~ Exhibit A - Scope of Work Exhibit B - Consultant Labor Costs and Non-salary Reimbursable Costs IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF PORT ANGELES: ~c;Z<~~ CITY MANAGEW CONSULTANT: ~ ;d, <j~ TITLE: ~ld.ernb APPR?VED AS TO FORM: '1/;~1 ~ CITY'ATTO~EY ATTEST: .Ao~:Q J.Mf/" BECKY U ON, ITY ERK pW-0410_01 wpd [rev:5/29/04] City of Port Angeles - [June 2004] Page 7 of 7 'r f i/ L A A\ s- EXHIBIT A {2 pages) " SCOPE OF WORK -LARSON \ ANTHROPOLOGICAL City of Pott Angeles - I ARCHAEOLOGICAL SERVICES fUMITED Archa~ological Assessment Addendum - ,- I Marine Drive Sewer Line Install~tion (, I, , May 25, 2004 1-'.. ' " ~ ""\ " Several archaeological resources assessments for the City of Port Angeles and the Lower Elwha Klallam I Tribe have b~en completed within pro)(i1nity to the propO's~d Manne Drive Sewer qne Project. Those "- archaeological resource,S assessments have developed areas of probability for ar~haeological resources the Ediz Hook v'ieinity~ Larson Anthropological Archaeological Services Limited (LAAS) proposes to ,- produce an archaeological report addendum to the existing studies, using the general data- from the larger studies, but qeveloping a specific' assessment for the proposed Marine Drive Sewer Line Installation Project. LAAS would conduct tribal consultation for the project, provide more recent environnientaC _, information, supplement ethnogi-aphic and historic context stat~e~~s with specific info~ation, complete ~ field reconnaissance, and complete a report ~ddendum with rec,ommendations for identifying buried atchaeoldgical resources,during construction~- - . , ( r , - If monitoring, is recommended, additional tasks will address monitoring and completion of a moflitoring . report, and are n91' included as part of this scope an,d cost estimate. ' If archaeo~ogical resources are ' identified that may be significant, evaluation wouh:l.be a separate 'phase of work, not jncluded in this _ scope and cost estimate. - - / I .' 1 - I ..-- Task 1. A,rchival Re~iew. Pertinent lit~rature on the environment, ethnography, and history of the project area would be re~iewed t6 refine the probability for archaeological ,resources and traditional cultural places in. the project area. Ethnographies, local histories, historic maps, as well as recordS held by the Office of hchaeology and Historic PreserVation, Clall~ County; and the City ()fPort Angeles, would be consulted.~' . , . : \ r-, 'I. , Task 2. Agency/Tribal Consultation: LAAS will e~ther prepare a letter tQ the Lower Elwha Klallam . Tribe for the City of Port Angeles to send on their letterhead, or LAAS will send a letter advising the' Tribe of the project and requesting their land use infonri<ltion. LAAS would ~ontact the Tribe for this information by telephone after the letter has been sent. \ ' Task 3. Field Reconnaissance. A systematic fiefd reconnaissance shall be conducted to identify previously reporded and/or unrecorded arc_haeological sites for the proposed project along two sites ofthe proposed se~er installation _alignment, where the alignment is expected to be excavated. which is approximately three miles long in a corridor measuring :;0-75 feet on either side O'fthe center line, and three stol1l1water facilities, each no larger than two acres. Field reconnaissance. will consist of the .traverse of pedestrian transects, and excavation of shovel probes (holes dug with a shovel) along the transects. The shovel probes shall be screened using 1/8 inch me'sh; if possible, throughout the project 'area. Shovel probes wilfbe as deep as possible using a shovel, accompanied by an auger. . " ,All new-sites shall be mapped, photographed, and recorded on Washingtpn State Archeological Inventory forms and submitted to the OAHP for Smithsonian numbers. Rights-of-entry shall ~e provided by the - 1700 PIONEER-WAY SUITE 101 GIG HARBOR' , WASHINGTON , 98335-1164 TEL. (253] 858.1411 FAX' [253] 858 1410 " '.J ,;' I City of Port Angeles. If the project area is not readily identifiable using maps, knowledgeable personnel regarding the project area boundaries may be asked to accompany the archaeologist in the field. Task 4. Technical Report Addendum. A technical report of findings would be prepared, describing cultural resources identified in the project area, which meets state and federal standards for reporting as outlined in the guidelines provided by the State Office of Archaeology and Historic Preservation. The report would include supplemental context information, including environment, ethnography/ethnohistory, and history; implications of the context, discussion of agency and Tribal consultation, methodology and results ofthe investigation. Recommendations may also be included for monitoring construction excavation. Schedule: The technical report of findings for the assessment addendum would be submitted to the City of Port Angeles 45 days from notice to proceed. -" EXHIBIT B .. Larson Anthropological Archaeological Services Limited 25-May-2004 Marine Drive Sewer Installation Archaeological Addendum Cost Proposal-City of Port Angeles . . .... . . .. : : : : . . . . . . .. .. . .. .. . . LABOR TASKS PERSONNEL COSTS Principal Project Director GraphicslWP Total Hours Task 1 :Archival Review 2 24 0 26 Task 2.Agency/Tnbal Consultation 2 4 2 8 Task 3 :Field Reconnaissance 2 12 0 14 Task 4:Technical Report Addendum 12 64 32 108 Total Hours 18 104 34 48 Billing Rate $97.82 $41.59 $35.97 Total Labor Costs $1,760.76 $4,325.36 $1,222.98 $7,309.10 : ' . Expenses Billed To Cost Mileage, 400 miles @ $.375/rnile $150.00 Telephone $25.00 Postage $25.00 Film; processing $100.00 Maps $25.00 Photocopy $100.00 Total Expenses $425.00 TOTAL COSTS $7,734.10