HomeMy WebLinkAbout5.507 Original Contract
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Filed at the Request of:
City of Port Angeles
City Clerk's Office
P. O. Box 1150
Port Angeles, W A 98362
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Interlocal Agreement
City Clerk File No.: 5.561
zent between the City ofport Angeles and ~ UtcY.i;. .\(/~
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Purpose: fl~'1'Vltv5f ~d
Dated: U~/D<:
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF PORT ANGELES AND LOWER ELWHA KLALLAM TRIBE
AND
TRIANGLE ASSOCIATES, INC.
RELATING TO: Elwha-Morse Watershed Planning Public to parties The work shall be completed In accordance with the schedule
Outreach set forth In the attached Exhibit C
THIS AGREEMENT IS made and entered Into this 22nd day of May, 1999,
by and between THE CITY OF PORT ANGELES, a non-charter code city
ofthe State of Washington, (hereinafter called the "CITY") and the Lower
Elwha K1allam Tnbe (hereinafter call the "TRIBE") and -TRIANGLE
ASSOCIATES, INC. a Washington Corporation (hereinafter called the
"CONSUL TANr').
WHEREAS, the CITY and TRIBE desires to develop a predeslgn for-
WHEREAS, the CITY and TRIBE desires to engage the professional
services and assistance of a qualified consulling firm io 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,
expenence, and abllrty 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 appropnate faCilities necessary to accomplish the work,
NOW, THEREFORE, In conSideration of the above representations and
the terms, condllions, 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 and TRIBE may review the CONSULTANT'S work product, and
if It IS not satisfactory the CONSULTANT shall make such changes as
may be reqUired by the CITY and TRIBE Such changes shall not
constitute "Extra Work" as related In Section XI 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 and TRIBE for use Without restriction 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 and Tnbe or by others acling through or on behalf
of the City and Tnbe, will be at the City'S and Tnbe's sole risk
III DESIGNATION OF REPRESENTATIVES
Each party shall deSignate ItS representatives In Writing The
CONSULTANT'S representalive shall be subject to the approval of the
CITY and TRIBE. .
N nMEOFPERFORMANcE
The CONSULTANT may begin work uponauthorlzatlon by the City subject
V PAYMENT
The CITY and TRIBE shall pay the CONSULTANT as set forth In thiS
section of the Agreement Such payment shall be full compensalion 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 and expenses as set forth in the attached Exhibits B
B. The CONSULTANT shall submit InVOices to the CITY and TRIBE
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 activity In
the Scope of Work to which the costs are related, and shall indicate
the cumulalive total for each task
C. The CITY and TRIBE shall review the inVOices and make payment
for the tasks that have been completed less the amounts preViously
paid.
D. The CONSULTANT InVOices are due and 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
and TRIBE.
F
Payment for "Extra Worl<' performed under Section XI of thiS
Agreement shall be as agreed to by the parties In writing
VI MAXIMUM COMPENSATION
Unless otherWIse agreed to In wnting 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 $ 24,999 10
VII 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 TRIBE, and claims
that may arise under the Workman's Compensalion 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 or TRIBE employee Without the City's or
Trlbe'srespectlve written consent
VIII NONDISCRIMINATION
The CONSULTANT shall conduct its business in a manner, which
assures fair, equal and non-dlscrlmlnatory treatment of all persons, Without
respect to race, creed or nalional origin, and, In particular.
A
The CONSULTANT shall maintain open hiring and employment
practices and Will welcome applicalions for employment In all
City of Port Angeles - [month and year]
~ 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 or veterans's status, disabled veteran
condition, physical or mental handicap, or national origin.
IX SUBCONTRACTS
A. The CONSULTANT shall not sublet or assign any of the work
covered by this Agreement without the written consent of the CITY
and TRIBE.
B. The CONSULTANT will be using the firms submitted with its
proposal as subcontractors Subcontractors other than those listed
shall not be permitted WIthout the written consent of the CITY and
TRIBE.
C. In all sollCltatlO/l either by competitive bidding or negotiation made by
the CONSULTANT for work to be performed pursuant to a
subcontract, including procurement of materials and equipment,
each potential subconsultant or supplier shall be notified by the
CONSULTANT of Consultant's obligations under this Agreement,
including the nondiscrimination requirements.
X CHANGES IN WORK
Other than changes directed by the CITY and TRIBE 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.
XI EXTRA WORK
The CITY may desire to have the CONSULTANT perform work or render
selVlces 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.
XII TERMINATION OF AGREEMENT
A. The CITY and TRIBE 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 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 and
TRIBE prior to transmittal of final payment to the CONSULTANT
XIII INDEMNIFICATION/HOLD HARMLESS
The CONSULTANT agrees to indemnify the CITY and TRIBE 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 and TRIBE agree to Indemnify the CONSULTANT from any
claims, damages, losses, and costs, including, but not IImrted 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 and TRIBE, CITY'sor TRIBE's
employees, or agents in connection with the work performed under this
Agreement.
If the negligence or willful misconduct of both the CONSULTANT and the
CITY and TRIBE (or a person identified above for whom each is liable) is
a cause of such damage or injury, the loss, cost, or expense shall be
shared between the CONSULTANT and the CITY and TRIBE 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 and TRIBE, their officers, officials, employees, and volunteers, the
CONSULTANrS liability hereunder shall be only to the extent of the
CONSUL TANrS negligence. It is further specifically and expressly
understood that the indemnification prOVided herein constitutes the
CONSULT ANrS waiver of immunity under Industrial Insurance. Title 51
RCW, solely for the purpo$es of this indemnification. ThiS waiver has
been mutually negotiated by the parties. The provisions of thiS section
shall survive the expiration or termination of this Agreement. However, the
CONSULTANT expressly re$erves its rights as a third person set forth in
RCW 51.24.035. I
XIV INSURANCE I
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 anse ~ or in connection With the performance of the
work hereunder by the C:ONSUL TANT. ItS agents, representalives,
employees or subcontractors.
The CONSULTANT shall p~ovide a Certificate of Insurance eVidenCing
- I
1. Automobile Liabilitv Insurance with limits no less than $1,000,000
combined single limit per adcident for bodily Injury and property damage,
and, I
I
2. Commercial General Liabilltv Insurance written on an occurrence baSIS
with limits no less than $1 ,qoo,OOO combined single limit per occurrence
and $2,000,000 aggregate for personal injury, bodily injury and property
damage. Coverage shall InclJde but not be limited to blanket contractual
I '
products/completed operati~ns, broad form property damage; explosion,
collapse and underground (XGU) If applicable, and employer's liability, and,
Any payment of dedUctlblJ or self insured retention shall be the sole
responsibility of the CONSULTANT.
I
The CITY and TRIBE shall be named as an additional Insured on the
Commercial General Liability ihsurance policy, as respects work performed
I
by or on behalf of the CO(1sultant and a copy of the endorsement
naming the CITY and TRIBE as additional insured shall be attached
to the Certificate of Insurance. The CITY and TRIBE reserve the right to
review a certified copy of all required Insurance poliCies In the
CONSUL TANrs 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 TRIBE, and the CITY and TRIBE shall be given thirty (30)
days poor written notice of any cancellation, suspension or matenal 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
City of Port Angeles - [month and year]
)tVI EXHIBITS AND SIGNATURES
This Agreement, Including its exhibits, constitutes the entire Agreement,
supersedes all pnor 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:
Exhibit A - Scope of Work
Exhibit B - Consultant Labor Costs and Reimbursable Expenses
Exhibit C - Schedule for the Work
In WITNESS THEREOF, the parties hereto have executed this Agreement
as of the day and year first wntten above
C
!\sst::u.' ~Jes.) \ he .
ATTEST'
E ATTORNEY
PW-041 O_01.wpd [rev:3/3/98)
City of Port Angeles - [month and year)
"
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WRIA 18 Watershed Planning - Elwha-Morse Basins Public Outreach Program Scope of Work
Tasks Hours Work Products Budget Amount
1. Agree on scope of services 4 Contract $ 434.64
2. Develop mailing lists for the 16* Gen. Pub. List $ 1,029.28
general public/stakeholders Stakeholders List
3. Organize and schedule the first 40* Speaker Confirmation $ 3,367.89
public forum Space Arrangement
4. Publish and mail out notices of 16* Public Notices $ 999.90
the first public forum
5. Prepare forum handout materials 40* Handout Materials $ 3,285.21
and a/v presentations NY Presentations
6. Conduct first public forum and 12 Public Forum $ 1,800.00
solicit public input Testimony/Survey
7. Report public input 16 First Forum Report $ 1,738.56
8. Evaluate public outreach 8 Evaluation Meeting $ 869.28
progress and next steps
9. Refine mailing lists for the 4* Gen. Pub. List $ 215.98
general public/stakeholders Stakeholders List
10. Organize and schedule a second 20* Speaker Confirmation $ 1,794.64
public forum Space Arrangement
11. Publish and mail out notices of 16*' Public Notices $ 1,082.58
the second public forum
12. Prepare forum handout materials 20* Handout Materials $ 1,629.28
and a/v presentations NY Presentations
13. Conduct second public forum 12 Public Forum $ 1,800.00
and solicit public input Testimony/Survey
] 4. Report public input and the 24* Public Outreach $ 2,282.58
outreach program success Final Report
]5. Evaluate public outreach --1 Evaluation Meeting $ 869.28
progress and next steps
Total Contract Services 96 Alice Shorett
86 Dennis Clark
74 Liza Schmitz
* Part principal hours and part support hours
Total Hours
256
$23,199.10
Total Expenses
$ 1,800.00
Total Contract Amount
$24,999.10
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Elwha-Morse Watershed Planning Public Outreach Scope of Work ~ ;,
Proposed budget prepared by Triangle Associates (revised)
. . February 25, 1-999 "-
LIla Schmitz.
. ... Alee ShONlt,. DeRnia Clark; . . Reaearoh
Principal Associate Associate TOTAL
$160.00 $67.32 $40.67
I' Activities ~
.'
. .
Task 1. Agree ~ scope 01 work 2 2 0 4 $434.64 $ 10.00 $444.64
Task 2. Develop mailing lists tOr the general publlcl,takeholde" 2 6 8 16 $1,029.28 $ 50.00 $1,079.28
.)
Task 3. Organize and schedule the flltt pubflc forum 13 12 16 40 $3,367.89 $ 50.00 $3,417.89
Task 4. Publish and mail out nottces of the first public forum 1 9 8 16 $999.90 $ 500.00 $1,499.90
Task 5. Prepa...lorum handout materials and aJv preaentatrons 12 13 15 40 $3,285.21 5 100,00 $3,385.21
Tasl6. Conduct fir. public forum and sollcll public "1M 12 0 0 12 $1,800.00 $ 200.00 $2.000.00
Task 7. Report public Input 8 8 0 16 $1,738.56 S $1,738.56
. .
Task 8. Evaluate public outreach pmgren and next 51epe 4 4 0 8 $869.28 S $869.28
Task 9. Reine mallng lata Jor the general public/stakeholders 0 2 2 4 S215.98 $ 25.00 $240.98
Task 10, Organize and achedule a MCOnd p\.bNc lONm 8 4 8 20 $1,794.64 $ 50.00 $1,844.64
. T88Ic 11. Publi8h snd mall aut noUe.. or the second pubflc forum 2 8 6 16 $1,082.58 $ 500,00 $1,5~58
\ 6 e 20 $1,829.28 S 100.00 $1,729.28
Tuk 12. Prepare forum handout materiall and IIv presentations 8
Task 13. Conduct second public forum and .8olich public qM 12 0 0 12 $1,800.00 $ 200.00 S2,OOO.00
Task 14. Report the public Input and Ibe outreach program SUCClN 10 8 6 24 $2,282.58 S $2.282.58
Task 15. Evaluale public outreach progress and next steps 4 4 0 , $869.28 $ 15,00 $884.28
TOTAL
96
88
74
256
$23.199.10 $1,800.00 $24,999.10
AsaUmpllQalNotea
1) No overnight travel
2) PubRc notice coat depends on . 8ent (II aV81YOM In walolshod to r.eoiv,1 noUce?)
3) Tribal or CilV staff wUJ like notes dumg p&j)1Jc meetings
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WRIA 18 Watershed Planning - Elwha-Morse Basins Public Outreach Program Scope of Work
llW Hours Work Products Completion Date
1. Agree on scope of services 4 Contract Mar 8
2. Develop mailing lists for the 16* Gen. Pub. List Mar 15
general public/stakeholders Stakeholders List Mar 15
3. Organize and schedule the first 40* Speaker Confinnation Mar 29
public forum Space Arrangement Mar 29
4. Publish and mail out notices of 16* Public Notices Mar 31
the first public forum
5. Prepare forum handout materials 40* Handout Materials Apr 12
and a/v presentations AN Presentations ApT 12
6. Conduct first public forum and 12 Public Forum Apr 19
solicit public input Testimony/Survey Apr 19
7. Report public input 16 First Forum Report Apr 22
8. Evaluate public outreach 8 Evaluation Meeting Apr 22
progress and next steps
9. Refine mailing lists for the 4* Gen. Pub. List Apr 26
general public/stakeholders Stakeholders List Apr 26
10. Organize and schedule a second 20* Speaker Confinnation Apr 26
public forum Space Arrangement Apr 26
11. Publish and mail out notices of 16* . Public Notices May 3
the second public forum
12. Prepare forum handout materials 20* Handout Materials May 10
and aIv presentations AN Presentations May 10
13. Conduct second' public forum 12 Public Forum May 22
and solicit public input Testimony/Survey May 22
14. Report public input and the 24* Public Outreach May 28
outreach program success Final Report
15. Evaluate public outreach 8 Evaluation Meeting 1un4
progress and next steps
Total HOUTS 256
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