Loading...
HomeMy WebLinkAbout5.267 Original ContractPage 1 of 3 AGREEMENT FOR WATER RATE CONSULTANT This Agreement is between Economic and Engineering Services, Inc., P.O. Box 1989, Bellevue, Wa 98009 (herein Consultant) and the City of Port Angeles, P.O. Box 1150, Port Angeles, Wa 98362, (herein City). I. SCOPE OF SERVICES Consultant will provide consulting services to City for the following project: Comprehensive Water Rate Study. Reference proposal to Mr. Jack Pittis dated May 13, 1991. The scope of services to be provided is for review services of the City's analysis. II. COMPENSATION Services provided by Consultant and costs incurred by Consultant shall not exceed $6,000 without the permission of the City. III. IDENTIFICATION OF CONSULTING AGREEMENT DOCUMENTS This Agreement is comprised of pages 1 through 3 and Attachment A attached hereto and incorporated herein by this reference. This is the entire Agreement of Consultant and City and there are no agreements or conditions except as provided herein. IV. METHOD OF PAYMENT REIMBURSEMENTS OF COSTS Consultant may use the services of independent contractors to perform a portion of its obligations under this Agreement. Services performed by independent contractors will be billed to City by Consultant at actual cost plus 0 percent. The City is responsible for all out of pocket travel, food, lodging and incidental expenses incurred by Consultant that are reasonably associated with the provision of services under this Agreement. An additional charge of 0 percent will be added to the out of pocket expenses for tax (if any) and administrative costs. All invoices billed by Consultant to City shall be paid within thirty (30) days of receipt. All billings that remain unpaid after thirty (30) days shall bear interest at the rate of 1 percent per annum until paid. V. RELATIONSHIP OF CONTRACTING PARTIES Consultant is an independent contractor under this Agreement. Consultant is not an agent or employee of City. This Agreement 5.261 gives no rights or benefits to anyone not named as a party to this Agreement and there are no third party beneficiaries to this Agreement. VI. MODIFICATION OF AGREEMENT This Agreement can only be modified in writing. VII. PROJECT DATA AND DOCUMENTS Consultant can rely upon the accuracy of all data furnished by City to Consultant that is used by Consultant in the provision of services under this Agreement. Consultant has the right to retain and use all data furnished to it, and all plans, designs, specifications and other work product created by Consultant during its provision of services under this Agreement. VIII. MUTUAL INDEMNIFICATION Consultant and City each agree to indemnify and hold each other harmless against all personal injury, death and property damage claims made by third parties that arise as a result of their sole negligence, and against all losses, damages, costs, expenses and attorney's fees associated therewith. Either Consultant or City may terminate this Agreement upon thirty (30) days written notice to the other sent to the addresses listed on page one of this Agreement. In the event City terminates this Agreement, City specifically agrees to pay Consultant for all services rendered through the termination date. In addition, City specifically agrees to reimburse Consultant for its lost profits and all costs reasonably incurred by Consultant to start and to end its performance of services under this Agreement, even if costs to stop its performance are incurred after the termination date. This Agreement has been and shall be construed as having been made and delivered in the State of Washington, and it is mutually understood and agreed by the parties that this Agreement shall be covered by the laws of the State of Washington both as to interpretation and performance. Any action or suit in law or in equity, or judicial proceeding, for the enforcement of this Agreement, or of any of the provisions contained therein, shall be instituted and maintained only in the Clallam County Superior Court, Port Angeles, Washington. Page 2 of 3 IX. TERMINATION OF AGREEMENT X. RESOLUTION OF DISPUTES If any provision contained in this Agreement is held for any reason to be invalid, illegal or unenforceable, the other provisions will remain in full force and effect. Neither party will assign all or any part of this Agreement to any third party without the prior written consent of the other party. Consultant will not be liable for damages or delay in its performance or for the direct or indirect costs that may result from acts of God, acts of governmental authorities, strikes, riots, wars, lockouts, accidents, extraordinary weather conditions, natural catastrophes, or other events beyond the control of Consultant. The following exhibits and attachments are incorporated in this Agreement as if fully set forth herein: Date: i"� LA2 \S% Date: August 20, 1991 A91 WRC Page 3 of 3 XI. MISCELLANEOUS XII. INCORPORATED DOCUMENTS XIII. EXECUTION OF AGREEMENT ECONOMIC &ENGINES G SE CES, INC. By: Title: 7 6.) CITY OF PORT ANGELES By: Ikm4CIecj U Title s -J Mayor