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HomeMy WebLinkAbout000099 Original Contract1 PROFESSIONAL SERVICES AGREEMENT GENE UNGER ENGINEERING, LLC. This agreement is entered into between the City of Port Angeles, a non charter code city of the State of Washington, (hereinafter called the "City and Gene Unger Engineering, LLC having offices for transaction of business at 1401 West 7 Street, Port Angeles, WA 9834, (hereinafter called the "Contractor 54 W WHEREAS, the City requires professional structural building plan review services o be performed for Port of Port Angeles Composite Campus building proposed at 2220 and 2230 West 18 Street, Port Angeles. WHEREAS, the Contractor is a professional engineer and is qualified to perform building structural plan review in the State of Washington; and WHEREAS, the Contractor represents that he has the background, experience, and ability to perform the required work in accordance with the standards of the profession; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, and agreements set forth below, the parties hereto agree as follows: 1. Scope of work. The Contractor, a professional engineer, or other employee so qualified, will perform the following services for the City: a. Complete a structural plan review for the Port of Port Angeles Composite Campus building proposed at 2220 and 2230 West 18t Street, Port Angeles. b. Conduct plan review in two phases: (1) the first review will note any deficiencies; (2) the second review will determine if deficiencies have been revised and corrected. c. Additional reviews as directed by the City. d. Provide the structural assessment to the City in a format consistent with other professional reports of a similar nature. e. Maintain written documentation of all plan review services 2. Term. This agreement shall commence on and shall continue until the structural review of the building plans is completed. 1 City of Port Angeles Record #000099 3. Compensation. a. The contractor's compensation for commercial plan review will be at the rate of $95.00 per hour. b. The Contractor shall submit invoices to the City within 30 days. Invoices shall detail the work, hours, and employee name. d. The City shall review the invoices and make payment within 30 days of receipt. 4. Relationship of parties. The parties understand and agree that the Contractor is skilled in matters pertaining to building plan review services and will perform independent functions and responsibilities in the area of this particular field of expertise. The Contractor shall act as an independent contractor and not an employee of the City. As such, the Contractor shall have no authority to bind the City or control employees of the City. Within the performance of these duties, the Contractor shall work under the direction of the City's Community Development Director. 5. Compliance with legal requirements. The Contractor shall possess any regulatory or other license required to perform the services provided under this agreement and shall comply with all applicable federal, state, and local laws. 6. Indemnification/hold harmless. The Contractor shall defend, indemnify and hold harmless the City, and its respective officers, officials, employees, deputies, and agents from and against any and all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including costs and attorneys fees in the defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of Contractor's and its respective employees, agents, volunteers, and/or subcontractors, acts, errors or omissions in providing services under the terms of the Contract. Provided, however, that the Contractor's obligation hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the CITY, its officers, officials, employees, deputies, and/or agents. Provided further, that in the event of concurrent negligence of both parties, the Contractor's obligations hereunder shall apply only to the percentage of fault attributable to the Contractor, its employees, agents, volunteers, and/or subcontractors. The Contractor's obligations hereunder shall include, but are not limited to, investigating, adjusting, and defending any and all claims alleging loss from action, error or omission or breach of any common law, statutory or other delegated duty by the Contractor, the Contractor's employees, agents, or subcontractors. -2- 7. Insurance. The Contractor shall procure and maintain for the duration of this 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 Contractor and its employees. The Contractor shall provide a Certificate of Insurance evidencing: a. Automobile liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage. b. Workers compensation coverage as required by the industrial insurance laws of the State of Washington. c. Professional liability insurance with limits no less than $1,000,000 per occurrence. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The Contractor's insurance shall be primary insurance with respect to the City, and the City shall be given 30 days prior written notice of any cancellation, suspension, or material change in coverage. 8. Non discrimination. During the performance of this agreement, the parties shall conduct their business in a manner which assures fair, equal, and nondiscriminatory treatment of all persons, without respect to race, creed, color, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin, and, in particular: a. The parties will maintain open hiring and employment practices and will welcome applications for employment in all positions from qualified individuals who are members of the above stated minorities. b. The parties will comply strictly with all requirements of applicable federal, state, or local laws or regulations issued pursuant thereto, relating to the establishment of nondiscriminatory requirements in hiring and employment practices and assuring the service of all patrons and customers without discrimination with respect to the above stated minority status. 9. Assignability. The Contractor shall not assign or transfer any interest in or responsibility under this agreement without the prior written consent of the City. 3 10. Amendments. The parties hereby agree that this agreement shall not be amended or modified without the written concurrence of both parties. 11. 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 action brought hereunder shall be Clallam County. IN WITNESS WHEREOF, the parties hereto have executed this agreement the date and year indicated below. DATE: U -b 2011. DATE: l 6 l iet-X 2011 CITY OF PORT ANGELES By: By: �i�litlL /City Manager President Attest: By: By: Approved s to form: William E. Bloor, City Attorney G \LEGAL\a AGREEMENTS &CONTRACTS\2011 Agrmts &Contracts \UngerPSA 05 16 11 wpd May 16, 2011 GENE UNGER ENGINEERING, LLC