HomeMy WebLinkAbout5.821 Original Contract
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF PORT ANGELES
AND
ASPECT CONSULTING
PROJECT 07-07
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RELATING TO: MUNICIPAL PHASE II STORMWATER PETITION ASSISTANCE
THIS AGREEMENT is made and entered into this 14 day of fe6r,~ '
2007, by and between THE CITY OF PORT ANGELES, a non-charter code city of e State of
Washington, (hereinafter called the "CITY") and ASPECT CONSULTING, LLC, a Washington
Corporation authorized to do business in the state of Washington (hereinafter called the
"CONSULTANT").
WHEREAS, the CITY desires environmental consulting assistance related to preparation and
submittal of a petition to Department of Ecology; and
WHEREAS, the CITY desires to engage the professional services and assistance of a qualified
consulting 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 is not satisfactory, the
CONSULTANT shall make such changes as may be required by the CITY. Such changes
shall not constitute "Extra Work" as related in Section XII of this Agreement.
The CONSULTANT agrees that all services performed under this Agreement shall be in
accordance with the standards of the engineering profession and in compliance with applicable
federal, state and local laws.
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The Scope of Work may be amended upon written approval of both parties.
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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 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 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. The CONSULTANT'S representative
shall be subject to the approval of the CITY.
IV TIME OF PERFORMANCE
The CONSULTANT may begin work upon execution of this Agreement by both parties and the
duration of the Agreement shall extend through June 29,2007.
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 labor costs plus CONSULTANT'S
direct non-salary reimbursable costs as set forth in the attached Exhibit C.
1. Labor costs shall be based on the hourly rates shown in Exhibit B.
General clerical time shall be considered an overhead item, except where specific
work items are involved that require one hour or more continued effort, in which case
time will be charged on the basis of hours worked.
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. No
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 activity in the Scope
of Work to which the costs are related; and shall indicate the cumulative total for each task.
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C. The CITY shall review the invoices and make payment for the portion of the project that
has 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 forthe balance due to the CONSULTANT will be made after 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 $8,900.00. The budget for
each task is as set forth in the attached Exhibit A. Budgets for task(s) may be modified upon
mutual agreement between the two parties, but in any event, the total payment to
CONSULTANT shall not exceed $8,900.00.
VII INDEPENDENT CONTRACTOR STATUS
The relation created by this Contract is that of owner-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.
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:
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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
A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement
without the written consent of the CITY.
B. In all solicitation 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.
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
previously made, shall compensate the CONSULTANT for the work completed.
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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.
XIV INDEMNIFICA TION/HOLD HARMLESS
CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including
attorney fees, arising out of or resulting from the acts, errors or omissions of the
CONSULTANT in performance of this Agreement, except for injuries and damages caused by
the sole negligence of the CITY.
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, the 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, the CITY, and the officers, officials, employees, and volunteers of either, 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 CONSULTANT, its agents,
representatives, employees or subcontractors.
No Limitation. CONSULTANT'S maintenance of insurance as required by the agreement
shall not be construed to limit the liability of the CONSULTANT to the coverage provided by
such insurance, or otherwise limit the CITY'S recourse to any remedy available at law or in
equity.
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A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage; and,
2. Commercial General Liability insurance shall be written on ISO occurrence form CG 0001
and shall cover liability arising from premises, operations, independent contractors, and
personal injury and advertising injury. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy with respect to the work performed
for the City; and,
3. Workers' Compensation coverage as required by the Industrial Insurances laws of the State
of Washington; and
4. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1 ,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
c. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The Consultant's Automobile Liability and Commercial General Liability
insurance coverage shall be primary insurance as respect the City. Any
insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Consultant's insurance and shall not contribute with it.
2. The Automobile Liability, Professional Liability and Commercial General Liability
Consultant's insurance shall be endorsed to state that coverage shall not be
cancelled, suspended or materially changed by either party, except after thirty
(30) days prior written notice by certified mail, return receipt requested, has been
given to the City.
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3. Any payment of Automobile Liability, Professional Liability and Commercial
General Liability deductible or self-insured retention shall be the sole
responsibility of the CONSULTANT.
4. The CONSULTANT'S Automobile Liability and 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.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than AVII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work.
XVI 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.
XVII 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:
Exhibit A - Scope of Work & Budget
Exhibit B - Consultant Labor Costs and Non-salary Reimbursable Costs
Exhibit C - Schedule for the Work
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first written above.
CITY OF PORT ANGELES
APPROVED AS TO~O :
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WILLIAM E. BLOOR, CITY ATTORNEY
(fJ.aJv f..- m~
CITY ANAGER
CONSULTANT
ATTEST:
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BECKY J. T CI LERK
G'\LegaLBackup\AGREEMENTS&CONTRACTS\PUB WORKS\Professlonal Svc Agmt 051206.DOC
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" Aspectconsulting
, IN-DEPTH PERSPECTIVE
January 31, 2007
EXHIBIT A
Mr. William Bloor
City of Port Angeles
P.O. Box 1150
Port Angeles, W A 98362
Re: Proposal for Environmental Services
Petition for Additional Permittee
Phase II Municipal NPDES Permit
Project No. 070023
Dear Mr. Bloor:
Aspect Consulting is pleased to present the following scope of services and cost estimate for
completion of a petition for the City of Port Angeles, for City submittal to the Washington
State Department of Ecology (Ecology), to name Clallam County as an additional Phase II
Municipal Stormwater NPDES permittee. Our scope of services is based primarily upon
recently published guidance regarding the primary factors that Ecology considers in evaluating
municipal separate storm sewers. Our cost estimate is based on the level of effort that we judge
the scope will require, given our understanding of the availability of various data that could be
used to support the petition.
Scope of Services
Task 1 -Data Compilation
In completing this task, we will compile data relevant to the six factors Ecology has identified
as petition criteria in its recent guidance. The factors, and the relevant data that we would seek
to acquire, are as follows:
. Factor 1: Stormwater discharges to water bodies of concern. We anticipate
compiling the City's knowledge of formal designations of local impaired or sensitive
water bodies (e.g., S303(d) listings, designations of critical habitat for threatened or
endangered species, National Marine Sanctuaries, and State Aquatic Reserves) as well
as designated public swimming areas, locally accessed shellfish beds, and drinking
water intakes. We will also compile similar data from Ecology's files and readily
accessible County data. We also would seek City knowledge, and mappings, oflocal
stormwater discharge points.
. Factor 2: Pollutant loadings of stormwater discharges. Data we anticipate
pursuing to address this factor include County and City stormwater quality data, and
County and City information regarding impervious areas, active agricultural land, road
miles, stream crossings, septic system use, and areas of overland stormwater flow.
. Factor 3: Populations and areas served. We will access census and growth data, as
well as future projections, for the County (including data and plans specific to the
county urban growth areas around the City). If necessary to strengthen the argument,
179 Madrone Lane North Bainbridge Island, WA 98110 Tel: (206) 780-9370 Fax: (206) 780-9438 www.aspectconsulting.com
-
Offices in downtown Seattle and Bainbridge Island, WA
City of Port Angeles
January 31, 2007
Project No. 070023
we may supplement that data with information about changes in impervious area over
the last 10 years as available from City GIS records or aerial photographs.
· Factor 4: Contiguous locations. We anticipate that a map showing the relationship
between the petition areas and city limits will suffice for the City's petition under this
factor.
· Factor 5: Physical interconnections. We will pursue information available from the
City, as well as readily accessible County records, regarding physical interconnections
between the City and the County's storm sewers, and the drainage areas that
contribute to the interconnected systems. We will review topographic information to
identify where overland flow from the County may enter the City's stormwater
facilities.
· Factor 6: Other regulatory controls. This factor, as noted by Tanya Barnett, allows
for a jurisdiction whose stormwater is regulated under another program to claim
exemption from being named under the City's permit. We will not actively pursue
related information, but will inform the City if at any time during the petition process,
we obtain or become aware of information that would enhance or detract from the
City's petition position.
We anticipate at least one meeting under this task with City personnel to gather data, electronic
files, and other information that the City has that will support petition arguments under each of
the petition factors. We also plan to pursue relevant data through the Washington State
departments of Ecology, Health, and Transportation, Clallam County's website, federal and
state census information, and EPA. We will not plan on contacting Clallam County personnel
directly, without your involvement.
Task 2 - Data Evaluation
We will organize and evaluate the data gathered during Task 1 relative to Ecology's petition
factors. We will also develop tables and figures from the data that support the City's petition
points.
Task 3 - Petition Development
We will develop a written petition for the City's submittal to Ecology. We will prepare a draft
of the petition for the City's review and comment, and will finalize the petition to address the
City's review comments.
Estimated Cost
We estimate that the proposed scope of work can be completed for approximately $8,900,
which by task, is broken down as follows:
Page 2 of2
City of Port Angeles
January 31, 2007
Project No. 070023
Task Estimated Cost
Task 1 -Data Compilation $ 2,000
Task 2 - Data Evaluation $ 3,100
Task 3 - Petition Development $ 3,800
Total $ 8,900
We propose to provide our services on a time and expense basis in accordance with the
attached Schedule of Charges, with a not-to-exceed limit of $8,900. We will notify you and
obtain your authorization if additional effort above and beyond the estimated scope of this
work is required.
Aspect Consulting's services will be provided in accordance with the attached Terms and
Conditions. This proposal and the attached Terms and Conditions, together, constitute the
Agreement between Aspect Consulting and the City of Port Angeles. You may acknowledge
your acceptance of this Agreement and provide written authorization to proceed by signing in
the space provided below and returning a signed copy to us. Our scope of services as described
above, the associated cost estimate, along with the attachments referenced herein are
incorporated into our agreement with you, and by your authorization to proceed, you are
agreeing to these terms and conditions.
If you have any questions regarding this proposal, please call me at (206) 780-7737.
Sincerely,
Aspect consulting, LLC
~~
Leslee Conner
Associate Hydrogeologist
lconner@aspectconsulting.com
~
Owen Reese
Sr. Water Resources Engineer
oreese@aspectconsulting.com
Attachments: Terms and Conditions
Schedule of Charges
W 1070028 Port Angeles MUnI StormwaterlClty of Port Angeles proposal doc
Page 3 of3
EXHIBIT B
Effective January 2007
ASPECT CONSULTING, LLC
SCHEDULE OF CHARGES
Our compensation will be determined on the basis of time and expenses in accordance with the following
schedule unless a lump sum amount is so indicated in the proposal or services agreement. Current rates are as
follows:
Personnel Charges - Engineers, Hydrogeologists, Geologists, Scientists, and Technicians
Principal................................................................................. $150.00 to $160.00Ihour
Sr. Associate ........................................ ................................. $135.00Ihour
Associate................................................................................ $130.0f)/hour
Senior..................................................................................... $115.00/hour
Sr. Project .............................................................................. $1 05.00/hour
Project...................................................................................... $95. OO/hour
Sr. Staff.................................................................................... $82.00/hour
Staff......................................................................................... $72.00/hour
Legal Testimony (4-hour minimum)...................................... $200.00/hour
Other Personnel and Disbursement Charges
CAD Drafter and Workstation ................................................. $78.00/hour
GIS Specialist and Workstation ............................................... $80.00Ihour
Project Assistant ...................................................................... $60.00Ihour
Four-wheel Drive Field Vehicle .............................................. $90.00/day (w/up to 100 miles)
Mileage.............................................................. ...federal gov't rate plus 15%
Subcontractors and Miscellaneous Expenses ........................... cost plus 15%
Communications Charge (phones, fax,
computer, in-house reproduction, mailing) .............................. 4% of total labor
Other equipment rental and expenses will be provided on a per job basis.
EXHIBIT C - Schedule of Work
Task 1: Data Compilation - 1 week from authorization (assuming City personnel are
available to meet during that period).
Task 2: Data Evaluation - 1.5 weeks from completion of Task 1.
Task 3: Petition Development-
Draft Petition to City for Review: 1 week from completion of Task 2.
City Review of Draft Petition: 1-2 weeks from receipt of draft.
Final Petition to City: Up to 1 week from receipt of comments.
Submittal to Ecology: City to submit to Ecology.
Total Projection Duration: ~6 weeks from authorization.
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June,28,2007
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Phone: 360-417-4530 / Fax: 360-417-4529
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Website. www.cityofpa.us lEmail: ~lttorney@cityofpa.us
321 East Fifth Street - PO. Box 1150/ Port Angeles, WA 98362-0217
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Contract Change
Change No.: 01 I I Date: June 19,2007
Client: City of Port Angeles
Project No.: City of Port Angeles Project: 07 -07
Aspect Consulting Project: 070023
Project Name: Municipal Phase II Stormwater Petition Assistance
Description of Change
Cost
Change in scope of work to include:
. Additional comment and revision cycle for petition letter
. Creation of an appendix containing reference excerpts.
$1,510.22
This change amends contract between Aspect Consulting, LLC and Client dated February 7,
2007. Except as amended above, all terms and conditions of contract apply to this contract
chan e.
CLIENT
ASPECT
CONSULTING
s'
Printed Name: Mark E. Madsen Cit
S.ICity of Port Angeles\Contract Change 01 doc
811 First Avenue, SUite 480 Seattle, WA 98104 Tel (206) 328-7443 Fax' (206) 838-5853
www aspectconsultlng com