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HomeMy WebLinkAbout5.276 Original ContractAGREEMENT FOR PLANNING CONSULTANT SERVICES THIS AGREEMENT, made and entered into this 18th day of December. 1991, by and between the City of Port Angeles, a municipal corporation of the State of Washington (hereinafter called "CITY and JOHN MAUK, ENVIRONMENTAL CONSULTANT, (hereinafter called "CONSULTANT 25572 Perry Avenue, Bremerton, Washington, 98310, licensed to do business in the State of Washington. 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. 1 02 7(p II. COMPENSATION: A. The CITY shall pay CONSULTANT TWELVE THOUSAND FIVE HUNDRED DOLLARS ($12,500) for the work and services performed under this Agreement. Payments shall be made monthly based on percentage of 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. 2 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 resulting from the operation, maintenance or use by CONSULTANT of any owned, non -owned or hired automobiles, 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. VIII. 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: 1. The filing of a petition by or against for adjudication 3 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 hall be paid by the CITY. 4 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 May 31, 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 executed by the parties. The CITY shall not be bound by any supplement hereto unless it is signed by an authorized representative of the CITY. The CONSULTANT shall not be bound by the supplement hereto unless it is signed by an officer of the CONSULTANT. 5 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. Litigation: 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 May 31, 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. Notwithstanding the foregoing, either party can terminate this Agreement upon thirty (30) days written notice. 6 parties. 2, ..14(5175A (Seal) Approved as to form: PLCONSUL.CON 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. XXII. BINDING EFFECT: This Agreement shall not be binding until executed by all IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized representatives on this 18th day of December 1991. CITY OF PORT ANGELES JOHN MAUK, ENVIRONMENTAL CONSULTANT By: By: Odevy, U Title: Mayor Titl As authorized by City Council at its December 17, 1991 meeting. ATTEST: ATTEST: (Seal) CITY ATTORNEY MEMORANDUM Hours Costs Work Tasks EXHIBIT A To: Bradley J. Collins, Planning Director City of Port Angeles From: John C. Mauk, Environmental Planner Date: November 20, 1991 Subject: Scone of Services Supplemental Environmental Impact Statement for the Highland Communities The purpose of this memorandum is to serve as a Scope of Services attachment to the contract between the City of Port Angeles, Planning Department and John C. Mauk, Environmental Planner, for the preparation of a Supplemental Environmental Impact Statement for the proposed Highland Communities project in the eastern part of the City of Port Angeles. The following summarizes by task the amount of hours to be spent (or in the case of subconsultants, the estimated cost) in performing the work, and a cost estimate for this work based on my billing rate of $40.00 per hour. The estimated cost of an average Final SEIS is also included for informational purposes. It is understood that this estimate will vary depending on the amount and content of comments received on the DSEIS. 40 1,600 Preparation of the nroi ect description, including definition of project alternatives. The definition of alternatives will include some of the alternatives addressed in the original EIS for the Uplands Project and additional alternatives derived from the changed character of the project (elderly housing) and new development standards (e.g. critical areas, stormwater management). 32 1,280 Physical Environment. Existing Conditions. Updating the discussion of physical environmental elements on the site, emphasizing issues most pertinent to new development standards protecting critical environmental issues, including site visits (Earth, Water, Plants and Animals, Noise). 40 1,600 Built Environment. Existing Conditions. Updating the discussion of Built Environment elements, emphasizing the present status of public services and utilities serving the site, present traffic conditions and operational levels on nearby roads and intersections, Port Angeles housing conditions, aesthetics, and recent developments in public planning for these elements. Scope of Services Mauk November 20, 1991 Page 2 Hours Costs 64 2,560 Physical Environment. Impacts and Mitigatina Measures. This section will evaluate the impacts of the proposed Highland project and project alternatives on Physical Environment elements. Emphasis will be placed on determining the consistency of site design with new (or proposed) City regulations addressing stormwater management, clearing and grading, and critical areas. Mitigating measures will be addressed, specifically identifying the City policies and regulations upon which they are based. 72 2,880 Built Environment (Except Transportation). Impacts and Mitigatine Measures. This section will evaluate the impacts of the proposed Highland project and project alternatives on Built Environment elements. The emphasis of the analysis will be (a) how the proposed development may impact the present and projected levels -of- service of existing utilities and services, and (b) how the change in the nature of the project (from a general development to one focussing on housing and health care for the elderly) relates to existing and anticipated public facilities and planning efforts. Measures to attenuate identified probably adverse environmental impacts will be described, including the specific policies and regulations upon which they are based. 1,500 Transportation Planning. Impacts and Mitigatine Measures. Traffic generation characteristics of the proposed project will be projected and distributed on the adjacent roadway system. The focus of the effort will be the project's impact on local intersections with Golf Course Road, and the intersection of Golf Course Road and Highway 101. This effort will include a discussion of the project's relations to roadway facility plans, including a new Highway 101 bypass. 27 1,040 Miscellaneous Services and Meetines. Report preparation will require that maps and charts be produced in support of materials presented in the SEIS. In addition, there will be an occasional need to meet with the City and the applicant to discuss report progress. 275 12,500 TOTAL COST FOR PREPARATION OF DRAFT SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT. Scope of Services Mauk November 20, 1991 Page 3 Hours Costs 1,500 Draft Supplemental Environmental Impact Statement Printing. The actual cost of printing the Draft SEIS will vary depending on the size and character of the document (including appendices, it is estimated that the report will have between 100 and 125 pages, but will not have oversized graphics). Experience demonstrates that estimating a cost of $15.00 per report provides a ballpark figure for report costs. The above estimate is based on a need for 100 reports. If more reports are desired, the estimate of printing costs can be adjusted based on the following: Total number of reports X $15.00 per report. 40 1,600 Preliminary Estimate of Final SEIS preparation costs. The actual costs of preparing the Final SEIS will vary depending on the number of comments received, their substance and whether they require any additional research not anticipated in the preparation of the DEIS (e.g. a request that an intersection other than those listed above be analyzed). Experience has shown that an DEIS generating an average number of responses from the community requires a manweek (40 hours) to prepare the final. The above preliminary estimate is based on this assumption. 750 Final Supplemental Environmental Impact Statement Printing: The actual costs of printing the FSEIS will also vary depending on the number and substance of comments received. Experience has shown that such costs usually range from about one -third to one -half the cost of printing the draft, assuming that the DEIS itself is not reprinted as part of the final. The above estimated printing costs are based on these assumptions. The intent of the preceding scope of services is twofold. First, the breakdown of work effort by major tasks for the Draft Supplemental Environmental Impact Statement should provide an understanding of the relative weight to be given particular environmental concerns. These tasks are broadly defined to afford some flexibility within each of these tasks to shift emphasis pending the outcome of the scoping process. For example, scoping may indicate that water and sewer concerns require greater emphasis within Built Environment parameters than aesthetics, and work effort can be adjusted accordingly. The second purpose is to provide the City of Port Angeles with a ballpark estimate of total project costs, including printing and FSEIS preparation costs, in order to determine how large of a sum the proponent should be required to deposit in the City's account. It should be emphasized, however, that printing and FSEIS preparation costs are preliminary are subiect to adiustment at a later time when sn ecific cost factors can be determined.