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HomeMy WebLinkAbout5.1110 Original ContractPROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF PORT ANGELES AND DAVEY RESOURCE GROUP FOR CONSULTING SERVICES THIS AGREEMENT is made between the CITY OF PORT ANGELES, hereafter referred to as "City and DAVEY RESOURCE GROUP, hereafter referred to as "Consultant 1. SCOPE OF SERVICES: The Consultant agrees to provide the City professional community forestry services as outlined in Exhibit A, Scope of Services. 2. TERM: The term of this agreement is from the date of mutual acceptance and shall, unless terminated as provided elsewhere as provided herein, terminate on May 20, 2011, provided, the City may require that any task commenced but not completed at the time of termination of this agreement shall be completed. 3. COMPENSATION AND METHOD: The City shall pay the Consultant on a time and materials basis for an amount not to exceed $10,000. The hourly rate of the consultant shall be according to Consultant's rate schedule attached hereto as Exhibit B. Consultant shall not alter rates during the term of this agreement. A separate invoice for tasks completed shall be submitted monthly on or before the fifth of each month for the prior month's work, and shall be supported by a statement itemizing the date, services rendered and time spent for all work for which compensation is due. Invoices received by the fifth day of the month shall be payable on or before the last day of the same month. Five percent (5 of total contract amount will be retained until completion of project. 4. INDEPENDENT CONTRACTOR: It is hereby understood, agreed and declared that Consultant shall be an independent contractor, and not the agent or employee of the City. No liability shall attach to either party by reason of entering into this agreement, except as specifically provided for herein. 5. ASSIGNMENT OF PERSONNEL: The person responsible for rendering the service contemplated by this agreement shall be as attached unless otherwise agreed by both parties. 6. TAXES: Consultant shall be solely responsible for the payment of all taxes and other charges arising out of Consultant's rendering of services and compensation received under this agreement. The City shall not withhold Federal or State taxes. All compensation received by the Consultant shall be reported to the Internal Revenue Service, the State and the City of Port Angeles in accordance with applicable regulations. 7. REGULATIONS AND REOUIREMENTS: The Consultant shall comply with all applicable laws, rules, regulations, ordinances, and /or codes of the United States of America, the State of Washington, and the City of Port Angeles. The rights and obligations of the parties and all interpretations and performance of this contract shall be governed by the laws of the State Professional Services Agreement 1 1 5"Il1b of Washington. The Consultant will comply with all Equal Opportunity and Affirmative Action rules and regulations. 8. REVIEW: The City shall have the right, at reasonable times, to review the services while in progress. 9. 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, or employees. 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. Consultant shall obtain insurance of the types described below: 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. Insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be covered as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the operations of the consultant. Insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Professional Liability insurance, appropriate to the Consultant's profession, shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: The Consultant's 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. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 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. 10. OWNERSHIP• The work products created, including all electronic and hard copy raw data and reports, shall remain the property of the City of Port Angeles. Professional Services Agreement 2 2 11. INDEMNIFICATION AND HOLD HARMLESS: The Consultant shall indemnify and hold the City, its officers, employees, agents and volunteers harmless from and against any and all claims, demands, orders, decrees or judgments, including attorney's fees and costs, arising or resulting from any act or omission on the part of the Consultant or its agents, employees or volunteers in the performance of this contract. 12. RIGHTS TO REVIEW: The Federal or State Auditor, the City, or its designee shall have the right to review and monitor the financial and service components of the program as agreed upon by the City and the Consultant by whatever means are deemed expedient by the City or its designee. Such review may occur with or without notice, and include but not be limited to, on -site inspection by City agents or employees, inspection of all records or other materials which the City deems pertinent to the agreement and its performance, and communications with and evaluations of service recipients. 13. MODIFICATIONS: Neither party may assign or transfer this contract or any rights or obligations hereunder without the prior written consent of the other party. Changes to this contract must be mutually agreed to in writing by duly authorized representatives of the parties hereto. Section headings are inserted for convenience only and do not affect the terms of this contract. 14. TERMINATION: The City and the Consultant shall both have the right to terminate this agreement at any time and for any reason by submitting written notice of its intention to the other party at least two weeks prior to the specified effective date of such termination. In addition, the City shall have the right to terminate this contract on ten days communicated written notice in the event that the Consultant's performance hereunder is not timely or is substantially unsatisfactory or if the Consultant has violated any of the provisions herein. In either event, on the termination of this agreement, all finished and unfinished documents and work papers prepared by the Consultant pursuant to this agreement shall, at the option of the City, become its property, and the Consultant shall be paid for services performed up to the date of the contract termination. Notwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Consultant. The City may withhold any payment to the Consultant for the purposes set forth until such time as the exact amount of damages due the City from the Consultant is determined. 15. NOTICES: Notices and other communications shall be transmitted in writing by US Mail, postage prepaid, addressed to the parties as follows, and shall be deemed effective three days after the date of mailings: City of Port Angeles Community and Economic Development Post Office Box 1150 Port Angeles, Washington 98362 Davey Resource Groun A Division of The Davey Tree Expert Co. 1,5 Sc' WitcAmexacciVE 7627 Morro Rd. Simptxppyloxjcx Atascadero, CA 93422 16. JURISDICTION AND VENUE: This Contract is entered into in Clallam County, Washington. In the event that legal action is brought with respect to this Contract, the Professional Services Agreement 3 3 State of Washington shall have personal jurisdiction over each of the parties and venue of any such action shall be in Clallam County, State of Washington. 17. COST AND ATTORNEY'S FEES: In the event legal action is brought with respect to this Contract, the prevailing party shall be awarded its costs and attorney's fees in an amount to be determined by the Court as reasonable. 18. ENTIRE AGREEMENT: This contract and all attachments referenced herein constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, and understandings. IN WITNESS THEREOF, the parties hereto have caused this contract to be duly executed, such parties acting by their representatives being thereunto duly authorized. DATED this t day of CITY OF PORT ANGELES Kent Myers, C" anager ATTEST: sa Hard, City Clerk APPROVED AS TO FORM: iam DAVEY RESOURCE GROUP rized Signature Title: Re gional Onerations Manager 2011. J 144 501r or, City Attorney Jack McCabe Professional Services Agreement 4 4 PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF PORT ANGELES AND DAVEY RESOURCE GROUP FOR CONSULTING SERVICES Exhibit A: Scope of Services Purpose This scope of work provides a guideline for the City of Port Angeles's expectations for Davey Resource Group in completing the City of Port Angeles Urban Forest Canopy Assessment Project. Scope of Work A. The project will include a geo- spatial analysis of the citywide urban forest canopy, including: 1. Analysis of the land area covered by Impervious surfaces Trees (including shrubs) Grass and low lying vegetation Bare soil (including dry vegetative cover) Water 2. The percentages of the above land area cover by the city's 17 neighborhoods 3. The percentages of the above land area cover by public versus private ownership B. The project will also include consultation and assistance to city staff for the development of a geospatial street tree inventory. Note: Advanced notification should be provided to the City of Port Angeles prior to any work being done in the right -of -way. Project Understanding Davey Resource Group shall provide professional services to the City of Port Angeles to develop an urban forest tree canopy assessment. The canopy assessment will include research, inventory, data collecting, condition assessments, mapping and the preparation of a tree canopy assessment report. Integration with City's Geographic Information System (GIS) is required. Task 1 Collect available data from existing sources. This will include a preliminary visit to Port Angeles to observe the forest conditions in the city, consult with city staff on project components, and obtain the appropriate data -sets (geospatial and otherwise) housed at the City. Task 2 Analysis of data. This will include using the data collected during Task 1 to accomplish the several analysis requirements that follow. They include: 1) determination of land cover categories (impervious surfaces, trees (including shrubs), grass (all low -lying vegetation), bare soil (including dry vegetative cover) and water, 2) Analysis of the percentage of canopy cover separated by neighborhood boundaries, 3). Analysis of the percentage of canopy cover separated by existing zoning designations, 4) Analysis of the percentage of land area in private ownership, parks and open spaces, and streets and other public facilities, 5) Location information for optimal, future tree planting sites. Professional Services Agreement 5 5 Task 3 Street tree inventory advisement. This will include consultation with City staff and review of the existing street tree inventory geo- database and I -tree software to help provide focus and goals for the street tree inventory. Data Collection Requirements Data shall be compiled into an electronic format compatible with ESRI Geographic Information Systems and GPS programs. Contractor will provide: A project specific data collection specifications manual. Documentation for GIS data following FGDC metadata guidelines. (accessible when viewed through the ESRI ArcCatalog user interface or as an XML document). All data remains the property of the City of Port Angeles. One pre- commencement meeting between the City of Port Angeles and Davey Resource Group will take place to discuss data needs and project management/administration. Deliverables Preparation of the City of Port Angeles Urban Tree Canopy Assessment Report shall include the following tasks: Production of a written report summarizing the methodologies, findings, and recommended actions of the Urban Forestry Canopy Assessment. The report will include attachment of paper maps of the analyses required under Tasks 1 and 2 at appropriate scales. Maps will also be provided in digital format compatible with the City's ESRI ArcGIS software platform. The maps are expected to detail: Tree canopy cover for the entire city area. Land cover percentages of impervious surfaces, trees (including shrubs), grass (all low -lying vegetation), bare soil (including dry vegetative cover) and water. Tree canopy cover percentages for each of the existing 17 neighborhood areas. Tree canopy cover percentages for the various zoning classifications throughout the city. Tree canopy percentage coverage of impervious surfaces. Potential planting locations for future additions to the urban forest. It is additionally expected that the outcome of Task 3 will result in a memo written to City staff outlining the recommendations for the Street Tree Inventory with direct instructions of how to complement the I -tree software with both the City's GIS and the geospatial data provided as the primary deliverable for this task. Project Administration Davey Resource Group will provide project administration services for the duration of the project through completion including primary tasks of contract compliance, recording, documentation, communication, scheduling and submission of deliverables. Professional Services Agreement 6 6 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND DAVEY RESOURCE GROUP Exhibit C Consultant Labor Costs and Non salary Reimbursable Costs Personnel Tina McKeand Kevin Surbella Deb Sheeler Emily Spillett Ian Scott Jack McCabe Exhibit B: Consultant Rate Card Rate $95 per hour $85 per hour $95 per hour $105 per hour $115 per hour $125 per hour Professional Services Agreement 7 7 A °R CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 01/06/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH USA INC 200 PUBLIC SQUARE, SUITE 1000 CLEVELAND, OH 44114 -1824 Attn Cleveland CertRequest @marsh com, Fax 212- 948 -0797 08670 STND -GAWU -10-11 INSURED DAVEY RESOURCE GROUP, A DIVISION OF THE DAVEY TREE EXPERT COMPANY 1500 N MANTUA ST KENT, OH 44240 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR I ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE inmp wvn POLICY NUMBER IMM /DD/YYYY1 (MIDD/YYYYI LIMITS A GENERAL LIABILITY MWZY 58885 09/01/2010 09/01/2011 EACH OCCURRENCE 1 X I COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) I MED EXP (Any one person) GEN'L AGGREGATE LIMIT APPLIES PER X I POLICY 1 P Er O T LOC A AUTOMOBILE LIABILITY ANY AUTO X X ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS UMBRELLA LIAB EXCESS LIAB DEDUCTIBLE OCCUR CLAIMS -MADE RETENTION A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, descnbe under DESCRIPTION OF OPERATIONS below City of Port Angeles Community and Economic Development Post Office Box 1150 Port Angeles, WA 98362 ACORD 25 (2009/09) 121405 RESOU Nutt INSURER D INSURER E INSURER F CERTIFICATE NUMBER: CLE- 003152619 -01 REVISION NUMBER: 7 YIN N N/A MWTB 21064 09/01/2010 09/01/2011 MWC 116740 00 (AOS) SELF INSURED STATES CA, MN, PA, NC, WA, OH CONTACT NAME PHONE IA /C. No. Eztl: E -MAIL ADDRESS I PRODUCER CUSTOMER ID INSURER(S) AFFORDING COVERAGE INSURER A Old Republic Insurance Co INSURER B N/A INSURER C N/A 09/01/2010 09/01/2011 CERTIFICATE HOLDER CANCELLATION AUTHORIZED REPRESENTATIVE of Marsh USA Inc I FAX IA/C. Nol: 1 PERSONAL ADV INJURY 1 GENERAL AGGREGATE I I PRODUCTS COMP/OP AGG 1 COMBINED SINGLE LIMIT (Ea accident) 1 BODILY INJURY (Per person) I BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) I$ I EACH OCCURRENCE AGGREGATE 1$ X IT R LI ITSI I E L EACH ACCIDENT E L DISEASE EA EMPLOYEE E L DISEASE POLICY LIMIT NAIC 24147 N/A N/A 2,000,000 2,000,000 5,000 2,000,000 2,000,000 2,000,000 2,000,000 5,000,000 5,000,000 5,000,000 DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) CITY OF PORT ANGELES IS INCLUDED AS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT AND ONLY AS RESPECTS OPERATIONS PERFORMED ON THEIR BEHALF BY THE NAMED INSURED COVERAGE SHALL BE PRIMARY TO THE ADDITIONAL INSURED AND NOT CONTRIBUTING WITH OTHER INSURANCE AS RESPECTS ABOVE REFERENCED GENERAL LIABILITY POLICY COVERAGE SHALL BE PRIMARY TO THE ADDITIONAL INSURED AND NOT CONTRIBUTING WITH OTHER INSURANCE AS RESPECTS ABOVE REFERENCED AUTOMOBILE LIABILITY POLICY -OWNED AUTOS ONLY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Luann M Glavac 4- e- 0 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NO. MWZY 58885 COMMERCIAL GENERAL LIABILITY CG 20 10 11 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 201011 85 Copyright, Insurance Services Office, Inc., 1984 IL 10 (12106) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY CANCELLATION TO CERTIFICATE HOLDERS This endorsement modifies insure In the event of 1) cancellation for other than nonpayment of premium; or 2) material change that restricts or reduces the insurance afforded by any policy described above, the insurer affording coverage will mail notice 30 days before the date of cancellation or material change to the certificate holder, GL 385 023 0909 nce provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM