HomeMy WebLinkAbout5.262 Original ContractAGREEMENT
FOR
PLANNING CONSULTANT SERVICES
THIS AGREEMENT, made and entered into this ijj day of
June 1991, by and between the City of Port Angeles, a
municipal corporation of the State of Washington (hereinafter
called "CITY and JOHN MAUK, ENVIRONMENTAL PLANNER, (C 600 404
885) 6001 39th Avenue S.W., Seattle, Washington, 98136, (hereafter
called "CONSULTANT
In consideration of the mutual promises, covenants, terms and
conditions of this Agreement, the parties agree as follows:
I. DESCRIPTION OF WORK AND SERVICES:
A. The CONSULTANT shall provide professional services'and
work as specified in Exhibit A. Such services provided shall
comply with present technological knowledge, government
regulations, accepted standards and be consistent with the
requirements of law.
B. The work and services performed shall include review of
pertinent data, studies and plans which the CITY has in its
possession and agrees to provide to the CONSULTANT.
C. The CONSULTANT shall work closely with the CITY on all
aspects of the work and services. The work may include cooperative
working sessions with City officials and departments and
presentations before public agencies, as reasonably directed by the
City.
D. The CONSULTANT shall issue reports of all work completed
during the term of this Agreement and shall provide any and all
information or status reports as reasonably directed by the CITY.
E. All work shall be performed in a neat and workmanlike
manner.
F. Any extra work or services to be performed beyond the
work and services described in Exhibit A shall be agreed upon by
the parties in a written addendum to this Agreement. Such extra
work shall include revisions to previously performed work as
necessitated by changes in data or criteria furnished by the CITY
to the CONSULTANT and revisions to the scope or concept of the work
and services described in Exhibit A, but shall not include
revisions necessitated by incomplete or inadequate performance by
the CONSULTANT.
II. COMPENSATION:
A. The CITY shall pay CONSULTANT SEVEN THOUSAND FIVE HUNDRED
DOLLARS ($7,500) for the work and services performed under this
Agreement. Payments shall be made monthly based on percentage of
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project completion as documented by the CONSULTANT'S invoices and
shall be made within thirty (30) days of receipt of such invoices.
B. The CONSULTANT shall maintain records conforming to usual
accounting practices.
III. USE AND OWNERSHIP:
All original materials, reports, documents, drawings,
specifications, computations, sketches, test data, photographs, and
renderings related to the services and work performed hereunder
shall be the property of the CITY, once the CITY has paid
CONSULTANT in full for services rendered to date, and may be used
by the CITY in any manner it deems necessary and appropriate. Any
modification or amendment of any of the CONSULTANT'S work by the
CITY shall release the CONSULTANT from any and all liability in
connection with such work thereafter and the CITY shall not use the
CONSULTANT'S name thereon.
IV. INDEMNIFICATION:
A. The CONSULTANT shall promptly notify the City's Risk
Manager and the City Attorney's office of all damaged property of
the CITY or others and of injuries sustained by any persons,
including employees of the CONSULTANT, in any manner relating
directly or indirectly to the work within the scope of this
Agreement.
B. The CONSULTANT agrees to and does hereby indemnify and
save the CITY harmless from and against any and all losses, damage,
claims, actions, liability, attorney's fees, and expense in
contract or in tort, in connection with loss of life, bodily injury
and /or property damage occurring on or about or arising out of
those portions of the work under CONSULTANT'S control or wherever
arising if occasioned wholly by negligent act or errors of
CONSULTANT, or by its or its agents, servants, employed, or
materialmen, should the same arise during the progress of the work.
V. INSURANCE:
A. The CONSULTANT shall secure and maintain in effect at all
times, at expense, insurance of the following kinds and limits to
cover all locations of the CONSULTANT'S operations in connection
with the work on the PROJECT:
1. Worker's Compensation and Employer's Liability
covering employees of the CONSULTANT.
a. Worker's Compensation with statutory limits of
liability.
b. Employer's Liability with statutory limits of
liability.
2. Public Liability Insurance covering the
CONSULTANT'S legal liability for bodily injuries in
limits of not less than $500,000 per person and
$1,000,000 per occurrence and for property damage
of not less than $100,000 per accident and $200,000
aggregate.
3. Automobile Liability Insurance for bodily injuries
in limits of not less than $500,000 per person and
$1,000,000 per accident and for property damages of
not less than $200,000 per accident, providing
coverage for any accident arising out of or result-
ing from the operation, maintenance or use by
CONSULTANT of any owned, non -owned or hired auto-
mobiles, trailers or other equipment required to be
licensed.
4. Professional Liability Insurance for all facets of
CONSULTANT'S operations and work, including errors,
omissions and negligent acts covering this Agree-
ment with minimum limits of $250,000 liability per
occurrence and $250,000 aggregate errors and
omissions.
VI. COMPLIANCE WITH GOVERNMENTAL REGULATIONS:
The parties shall keep, observe and perform all require-
ments of applicable Federal, State and Local laws, rules, regula-
tions or ordinances.
VII. LIENS AND CLAIMS:
The CONSULTANT shall promptly and properly pay for all
labor employed, materials purchased and equipment hired by it in
connection with the work, shall keep the CITY'S property free from
any materialman's or mechanics' liens and claims or notices in
respect thereto arising by reason of the CONSULTANT'S work and
shall discharge the same. In the event that the CONSULTANT does
not pay or satisfy such claim or lien within three (3) business
days after the filing of notice thereof, the CITY, in addition to
any and all other remedies, may forthwith terminate this Agreement,
effective immediately.
VII. COPYRIGHTS. ROYALTIES. PATENTS. ETC.
The CITY shall pay for all copyrights, royalties and
license fees. The CITY shall defend all suits or claims for
infringement of any licenses, copyrights or patent rights, and
shall save the CONSULTANT harmless from loss on account thereof.
IX. DEFAULT:
A. The occurrence of any of the following, by either party,
shall constitute an event of default hereunder:
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1. The filing of a petition by or against for
adjudication as a bankrupt or insolvent, or for
reorganization, for the appointment of a receiver
or trustee of the property.
2. An assignment for the benefit of creditors.
3. The taking of possession of the property by any
governmental officer or agency pursuant to
statutory authority for the dissolution or
liquidation of the business.
4. Non payment of compensations for CONSULTANT'S
services.
B. Upon the occurrence of either of the foregoing, or if
either party shall fail to discharge and perform the obligations
under this Agreement after having received five (5) days written
notice from the non defaulting party of its failure to perform, the
non defaulting party shall have the right, without prejudice to any
right or remedy afforded by law or equity, to terminate its
performance of this Agreement.
C. If the defaulting party is the CONSULTANT and the CITY
elects to terminate the Agreement, the CONSULTANT shall remove
itself from the premises and turn over to the CITY as the CITY'S
property, all materials, reports, maps, documents, plans, and other
written documents prepared by the CONSULTANT incident to its work
under this PROJECT upon payment in full by the CITY of all amounts
due and owing to the CONSULTANT.
D. If it should become necessary for either of the parties
to resort to legal action because of a default by the other party,
then the non prevailing party in any litigation shall pay all
reasonable legal fees, including appellate proceedings, and other
expenses incurred by the prevailing party.
E. If default shall occur for non- payment of CONSULTANT'S
services, the CONSULTANT retains the right to hold in its
possession all work product performed under this Agreement until
default in payment is corrected.
X. WARRANTS AND CONFLICT OF INTEREST:
The CONSULTANT represents and warrants that it has every
legal right to enter into this Agreement and the CONSULTANT will
not be restricted in providing the performance hereunder by any
prior commitments. The CONSULTANT hereby warrant that there is no
conflict of interest in the CONSULTANT present employment, if any,
with the activities to be performed hereunder and shall advise the
CITY if a conflict of interest arises in the future.
XI. PERMITS AND LICENSES:
All permits and licenses required by any governmental
agency shall be paid by the CITY.
XII. ASSIGNMENT:
This Agreement and the services hereunder are non
assignable by the CONSULTANT unless the CITY has given written
consent. Any attempted assignment without such written consent
shall be void.
XIII. SCHEDULE:
The work and services set forth in this Agreement shall
be completed by September 1, 1991, or on any other date agreed upon
in writing by the parties.
XIV. INDEPENDENT CONTRACTOR:
In all matter relating to this Agreement, the CONSULTANT
shall be acting as an independent contractor. Neither the
CONSULTANT nor employees of the CONSULTANT, if any, are employees
of the CITY under the meaning or application of any Federal or
State Unemployment or Insurance laws. The CONSULTANT agrees to
assume all liabilities or obligations imposed by any one or more of
such laws with respect to employees of the CONSULTANT, if any, in
the performance of this Agreement. The CONSULTANT shall not have
any authority to assume or create any obligation, express or
implied, on behalf of the CITY and the CONSULTANT shall have no
authority to represent as agent, employee, or in any other capacity
than as hereinbefore set forth.
XV. HEADINGS:
The headings used in this Agreement are for reference
only and shall not be relied upon nor used in the interpretation of
same.
XVI. INTERPRETATION:
A. All words in this agreement referring to the CONSULTANT
shall be read as though written in the singular or in the neutral
gender.
B. This Agreement and all of the terms and provisions shall
be interpreted and construed according to the laws of the State of
Washington. Should any clause, paragraph, or other part of this
Agreement be held or declared to be void or illegal, for any
reason, by any Court having competent jurisdiction, all other
clauses, paragraphs or parts of this Agreement shall, nevertheless,
remain in full force and effect.
C. This Agreement between the parties shall be deemed to
include this Agreement and any written addenda thereto as may be
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executed by the parties. The CITY shall not be bound by any
supplement hereto unless it is signed by an authorized representa-
tive of the CITY. The CONSULTANT shall not be bound by the supple-
ment hereto unless it is signed by an officer of the CONSULTANT.
XVII. DISPUTES:
Any disputes concerning the CONSULTANT'S performance of
the work which are not resolved by agreement between the CONSULTANT
and the CITY MANAGER shall be referred for determination by the
City Council of the City of Port Angeles. If the Council's
decision is deemed to be unsatisfactory to CONSULTANT, a civil
action may be filed to adjudicate the dispute. Venue of any
lawsuit related to this Agreement shall be in Clallam County,
Washington.
XVIII. MISCELLANEOUS:
A. Records: All records relating to the work performed and
reimbursable expenses incurred, including reports of accounts,
shall be maintained by the CONSULTANT on generally accepted
accounting principles and shall be available to the CITY or its
authorized representative at all reasonable times throughout the
term of this Agreement.
B. Litictation: It is understood that the fixed sum payment
set forth herein does not include compensation to the CONSULTANT
for assisting the CITY in litigations in which the CITY may be
involved. If the CITY desires assistance from the CONSULTANT in
litigation, the parties shall agree in writing on the compensation.
XIX. NOTICE:
Any notice provided by this Agreement to be served in
writing upon either of the parties shall be deemed sufficient if
delivered to the City Manager or City Clerk in cases of notice to
be served upon the CITY or to an authorized representative of the
CONSULTANT, or if mailed, by registered or certified mail, return
receipt requested, to the address of the party above identified or
such other address as the party hereto may designate in writing.
Such notice shall be effective from the date received as shown by
signature on the return receipt. If such certified or registered
mail is refused or unclaimed such notice shall be effective from
the date of mailing.
XX. TERMINATION:
It is hereby agreed that this Agreement is for a term
commencing on the date first written above, and ending on September
1, 1991, and may be extended for a specific period of time and for
mutually agreed upon compensation. It is understood however, that
future extensions may be made if fully executed in writing by the
parties hereto.
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Notwithstanding the foregoing, either party can terminate
this Agreement upon thirty (30) days written notice.
XXI. ENTIRE UNDERSTANDING:
This Agreement contains the entire understanding between
the parties and no modification or alteration of this Agreement
shall be binding unless endorsed in writing by the parties hereto.
parties.
XXII. BINDING EFFECT:
This Agreement shall not be binding until executed by all
IN WITNESS WHEREOF, the parties hereto have executed tills
Agreement by their duly authorized representatives on this
day of 25A/45 1991.
CITY OF PORT ANGELES
P.O. Box 1150
Port Angeles, Washington 98362
if/ yid& 1
Approved as to form:
CI Y-ATTO
ATTACHMENT: Scope of Work
Mauk
JOHN MAUK, ENVIRONMENTAL PLANNER
6001 39th Avenue S.W.
Seattle, Washington 98136
Contract for Consultant Services
John Mauk
SCOPE OF WORK
TO PROVIDE CRITICAL AREAS INVENTORY, MAPPING
AND OPEN SPACE NEEDS
EXHIBIT A
1. Compile existing available data on critical areas and conduct field survey
to collect additional critical area information.
a. Consultant will gather other agency data on critical areas and meet
with these agencies and local citizen committees to review their
data and requirements. City will provide existing comprehensive
plan, aerials, base road map from Public Works Department, zoning
map, environmentally sensitive areas map and other pertinent
documents. City will also provide the Tiger files, Department of
Wildlife habitat maps, NWI data and other existing data.
b. Consultant will prepare a base map showing Urban Growth Areas, City
limits, roads and major physical features. The base map is designed
for depicting critical area information for illustrative purposes.
Maps may be prepared on Mapinfo Software which can read Arclnfo
data. Electronic files acquired by the City will be made available
to the consultant for this purpose.
c. Consultant will depict available critical area data provided by the
City and other agencies onto base map.
d. Consultant and City staff will mutually determine areas of City for
more detailed windshield survey for new information or to field
check data from other sources. Consultant will field check data and
conduct windshield survey for collection or verification of critical
area information.
e.
g.
J.
Consultant will provide second draft of critical areas map based on
information from tasks 1.c. and 1.d. Critical area catagories will
be mutually determined by consultant and City staff.
f. Consultant will develop generalized acreage information to indicate
proportions relationships between critical areas. The purpose of
this information is to compare critical area categories and depict
general open space needs.
City will review draft critical areas map (task 1.e.) and data (task
1.f.) and provide feedback to consultant.
h. Consultant will prepare revised critical areas map.
i. Consultant will prepare one or more overlay maps to depict physical
limitations to development. Critical areas, natural features,
public lands, or other information mutually determined between the
consultant and the City will be depicted.
Consultant will provide two (2) originals and twelve (12) reduced
copies of critical areas map and overlay map(s) to the City.
Contract for Consultant Services
John Mauk
Hourly rate $25.00 /hour
Task 1.a.
Tasks 1.b. and 1.c.
Task 1.d.
Task 1.e.
Task 1.f.
Task 1.h.
Task 1.i. and l.j.
Fee Schedule
1,500.00
2,000.00
1,000.00
1,000.00
1,000.00
500.00
500.00
NOT TO EXCEED TOTAL BASED ON ACTUAL
HOURS OR DIRECT COSTS 7,500.00
MEMORANDUM
June 18, 1991
TO: Mayor Sargent and City Council
FROM: Brad Collins, Planning Director
RE: Agreement for Planning Consultant Services on Critical
Areas
ISSUE:
Should the City Council approve the attached agreement between the
City of Port Angeles and John Mauk for personal services in
analyzing critical areas under the Growth Management Act require-
ments?
BACKGROUND /ANALYSIS:
It was anticipated that staff would be hired to complete most of
the planning requirements mandated under the Growth Management Act
(GMA) and that professional services would be contracted to supple-
ment staff efforts. Earlier this year, a contract for planning
consulting services on a land use inventory and capital facilities
capacity analysis was approved with Heninger Ray, Inc., in the
amount of $19,500. After considerable delay, the City was able to
hire a senior planner in April, 1991, to undertake the bulk of the
staff work needed to comply with the GMA. However, the initial
deadlines being faced for designation of urban growth areas and
critical areas have necessitated obtaining additional professional
services in order to meet GMA requirements. Heninger Ray, Inc.,
offered to provide such assistance to the City at the rate of
$2,250 per week ($56.25 per hour) and John Mauk offered to provide
similar services at the rate of $25 per hour. Mr. Mauk is cur-
rently teaching and doing research at Kent State University in the
Geography Department Doctoral Program. Previously, Mr. Mauk
provided professional environmental planning services in the Puget
Sound Area.
The attached agreement for critical area analysis is similar to a
scope of work and contract made with Heninger Ray, Inc., for land
use and capacity analysis.
FISCAL IMPACT:
The City received $44,800 from the State for Growth Management Act
implementation during the curremtn State fiscal year from July 1,
1990, to June 30, 1991. Earlier consultant work was approved in
the amounts of $19,500 to Heninger Ray and $5,175 to Clallam-
Jefferson Community Action Council (housing needs study). Only
$8,750 of the $40,000 budgeted for senior planner salary and
benefits is expected to be expended by June 30, 1991. Approxi-
mately $5,375 has been spent on office furniture, equipment, and
supplies. This contract for critical area analysis would be paid
out of the remaining first year GMA allocation prior to June 30,
1991, and second year GMA allocation after July 1, 1991. The
General Fund budget is not affected by this action.
RECOMMENDATION:
It is recommended the City Council authorize the City Manager to
sign the agreement for planning consultant services between the
City of Port Angeles and John Mauk, Environmental Planner, for a
contract amount not to exceed $7,500, in order to complete the work
identified in the scope of work, Exhibit "A of the agreement in
a timely schedule.
Brad Collins
Planning Director
BC:LM
Attachment
cc: City Manager
Finance Director
PLAN.475