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HomeMy WebLinkAbout000874 City of Port Angeles Record #000874 AGREEMENT AND SERVICES CONTRACT THIS AGREEMENT ("Contract") is dated effective this I day of 2015 and is made by and between the City of Port Angeles, a Washington municipal corporation ("City" or "Owner"), and EIM Environmental Information Management LLC ("Consultant or Contractor"), a Washington LLC located at 1137 Highland Avenue,Port Angeles,WA 98363. IN CONSIDERATION of the payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto,the parties agree as follows: 1. SCOPE OF SERVICES The CITY may review the CONSULTANT'S services,and if they do not meet the Professional Standard of Care the CONSULTANT shall make such changes as may be required by the CITY. The CONSULTANT agrees that all services performed under this Contract shall be in accordance with the standards of the profession for similar services on similar projects of like size and nature and in compliance with applicable federal,state and local laws. The Scope of Services may be amended upon written approval of both parties. Upon request of the Department of Community and Economic Development of the Department of Public Works and Utilities,the CONSULTANT will provide cultural resource and archaeological services. This includes: a. Examination of clear and graded surfaces exposed by excavation and excavation spoils to identify any previously undocumented cultural remains within a project area; b. Proper documentation and assessment of finds when contacted by the City's construction supervisors; c. Recording all prehistoric and cultural material discovered by the CONSULTANT or the City's construction personnel on archaeological monitoring forms. Documentation methods may include photographs,sketches,scaled drawings,and written descriptions. Consultant may also take samples and artifacts for identification and analysis;and d. Observing with the primary goal of discovery and documentation of previously unknown cultural material in a City project.Where complex or extensive cultural remains are encountered,the CONSULTANT may request additional professional staff to provide timely documentation of the resource. 2. MAXIMUM COMPENSATION Unless otherwise agreed to in writing by both parties,the CONSULTANT'S total compensation and reimbursement under this Contract,including labor,direct non-salary reimbursable costs and outside services,shall not exceed the maximum sum of$5,000 for calendar year 2015. This Contract for services will be on an as-needed basis. The City does not guarantee any minimum amount of work under this Contract. -1 3. TERM OF THE CONTRACT The term of the Contract is March 1,2015 through December 31, 2015. The City reserves the right to extend this Contract for services an additional three (3)years,extending in 12 month increments by mutual agreement. This Contract for services will be on an as-needed basis. The City does not guarantee any minimum or maximum amount of work under this Contract. 4. PAYMENT The CITY shall pay the CONSULTANT as set forth in this section of the Contract. Such payment shall be full compensation for work performed,services rendered,and all labor,materials,supplies, equipment and incidentals necessary to complete the work. A. Payment shall be on the basis of the CONSULTANT'S cost for actual labor,overhead and profit plus CONSULTANT'S direct non-salary reimbursable costs as detailed in Attachment A. B. The CONSULTANT shall submit invoices to the CITY within 30 days of completing any project. Invoices shall detail the work,hours,employee name,and hourly rate;shall itemize with receipts and invoices the non-salary direct costs; shall indicate the specific task or activity to which the costs are related;and shall indicate the cumulative total. In addition,the CONSULTANT will submit a short narrative describing progress made on all open projects during the pay period. C. The CITY shall review the invoices and make payment for the CITY for the work accomplished less the amounts previously paid. D. The CONSULTANT invoices are due and payable within 30 days of receipt. In the event of a disputed billing,only the disputed portion will be withheld from payment. 5. CHANGES IN WORK Other than changes directed by the CITY as set forth in Section 1 above,either party may request changes in the Scope of Services. Such changes shall not become part of this Contract unless and until mutually agreed upon and incorporated herein by written amendments to this Contract executed by both parties. 6. SUBCONTRACTS A. The CONSULTANT shall not sublet or assign any of the work covered by this Contract without the written consent of the CITY. B. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for work to be performed pursuant to a subcontract,including procurement of materials and equipment,each potential sub-consultant or supplier shall be notified by the CONSULTANT of CONSULTANT's obligations under this Contract,including the nondiscrimination requirements. 7. NONDISCRIMINATION The CONSULTANT shall conduct its business in a manner,which assures fair,equal and non- -2 i' discriminatory treatment of all persons,without respect to race,creed or national origin,or other legally protected classification and,in particular: A. The CONSULTANT shall maintain open hiring and employment practices and will welcome applications for employment in all positions,from qualified individuals who are members of minorities protected by federal equal opportunity/affirmative action requirements;and, B. The CONSULTANT shall comply with all requirements of applicable federal,state or local laws or regulations issued pursuant thereto,relating to the establishment of non-discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race,color,religion,sex,Vietnam era veteran status,disabled veteran condition,physical or mental handicap,or national origin. 8. INDEPENDENT CONTRACTOR STATUS The relation created by this Contract is that of owner-independent contractor. The CONSULTANT is not an employee of the CITY and is not entitled to the benefits provided by the CITY to its employees. The CONSULTANT,as an independent contractor,has the authority to control and direct the performance of services within the Scope of Services. The CONSULTANT shall assume full responsibility for payment of all Federal,State,and local taxes or contributions imposed or required, including,but not limited to,unemployment insurance,Social Security,and income tax. 9. EMPLOYMENT Employees of the CONSULTANT,while engaged in the performance of any work or services under this Contract,shall be considered employees of the CONSULTANT only and not of the CITY,and claims that may arise under the Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the CONSULTANT'S employees while so engaged,on any of the work or services provided to be rendered herein,shall be the sole obligation and responsibility of the CONSULTANT. In performing this Contract,the CONSULTANT shall not employ or contract with any CITY employee without the CITY's written consent. 10. OWNERSHIP OF DOCUMENTS Upon completion of the work,all documents,exhibits,photographic negatives,or other presentations of the work with the exception of those standard details and specifications regularly used by the CONSULTANT in its normal course of business shall upon payment of all amounts rightfully owed by the CITY to the CONSULTANT herein become the property of the CITY for use without restriction and without representation as to suitability for reuse by any other party unless specifically verified or adapted by the CONSULTANT. However,any alteration of the documents,by the CITY or by others acting through or on behalf of the CITY,will be at the CITY's sole risk. 11. TERMINATION OF CONTRACT A. The CITY may terminate this Contract at anytime upon not less than ten (10)days written notice to the CONSULTANT. Written notice will be by certified mail sent to the CONSULTANT's -3 designated representative at the address provided by the CONSULTANT.As a condition precedent to termination for cause the CONSULTANT shall be given the notice period to cure such cause and shall have failed to so cure. B. In the event this Contract is terminated prior to the completion of the work,a final payment shall be made to the CONSULTANT,which,when added to any payments previously made,shall compensate the CONSULTANT for the work completed. C. In the event this Contract is terminated prior to completion of the work,documents that are the property of the CITY pursuant to Section 10 above,shall be delivered to and received by the CITY prior to transmittal of final payment to the CONSULTANT. 12. INDEMNIFICATION/HOLD HARMLESS CONSULTANT shall defend,indemnify and hold the CITY,its officers,officials,employees and volunteers harmless from any and all claims,injuries,damages,losses or suits including attorney fees, arising out of or resulting from the negligent acts,errors or omissions of the CONSULTANT in performance of this Contract,except for injuries and damages caused by the sole negligence of the CITY. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then,in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the CONSULTANT,the CITY,and the officers,officials,employees,and volunteers of either,the CONSULTANT'S liability hereunder shall be only to the extent of the CONSULTANT'S negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the CONSULTANT'S waiver of immunity under Industrial Insurance,Title 51 RCW,solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Contract. However,the CONSULTANT expressly reserves its rights as a third person set forth in RCW 51.24.035. 13. INSURANCE The CONSULTANT shall procure and maintain for the duration of the Contract,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,employees or subcontractors. No Limitation. CONSULTANT'S maintenance of insurance as required by the Contract 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. A. Minimum Scope of Insurance CONSULTANT shall obtain insurance of the types described below: 1. 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 -4 i providing equivalent liability coverage. If necessary,the policy shall be endorsed to provide contractual liability coverage;and, 2. 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 named as an insured under the CONSULTANT's Commercial General Liability insurance policy with respect to the work performed for the CITY;and, 3. Workers' Compensation coverage as required by the Industrial Insurances laws of the State of Washington;and 4. Professional Liability insurance appropriate to the CONSULTANT's profession. B. Minimum Amounts of Insurance CONSULTANT shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence,$2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than$1,000,000 per claim and$1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain,or be endorsed to contain,the following provisions for Automobile Liability,Professional Liability and Commercial General Liability insurance: 1. 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. 2. The CONSULTANT shall provide CITY and all Additional Insureds with written notice of any policy cancellation within two(2) business days of their receipt of such notice. 3. Any payment of deductible or self-insured retention shall be the sole responsibility of the CONSULTANT. 4. The CONSULTANT'S insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought,except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M.Best rating of not less than AXII. -5 E. Verification of Coverage 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. 14. APPLICABLE LAW This Contract 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 litigation brought hereunder shall be Clallam County. 15. EXHIBITS AND SIGNATURES This Contract,including its exhibits,constitutes the entire Contract,supersedes all prior written or oral understandings,and may only be changed by a written amendment executed by both parties. The following exhibits are hereby made a part of this Contract: IN FAITH WHEREOF, witness the hand and seals of both parties hereto on the day and year in this Contract first above written. DATED the day and year set forth above. EIM Environmental Information CITY OF PORT ANGELES Man,a/gement LLC By:G✓.a�-v, �C By: Printed Name: Printed Name: e� Title: Title: C:: APPROV D AS TO FORM: BY: _ - CITY ATTORN EY ATTEST: (� ' BY ITY CLERK H:\a AGREEMENTS&CONTRACTS\2015 Agrmts&Contracts\Archaelogistdocx -6 e, EIM Y Environmental Information Management LLC • �► EIN 26-4749821 Archaeological Environmental Consulting 1137 Highland Ave Angeles,eles, WA 98362 g ,17 . 360 775-7611 z EIM14 @Hotmail.com Professional Hourly Rates Key Personnel Fully Burdened Rate Classification Hourly Billing Rate Archaeologist/Principal Investigator $78.00 Tribal Monitor/Field Technician $25.00 Administrative Assistant $28.00 Other Direct Costs: Copies (black and white) $ .10/page Copies (color) $ $1.00/page GPS unit $ $75.00/day Mileage $ .56/mile Lodging $95.00 - $122.00 (August and September)/day nW a' ' `te° .�., .a'4:. ._✓�.�«: ,.+ ?"` r., a�—� -",....-' �_.- ---- `--..�`- — "e: — rte....��"`,�--�.-�...--..,. �. -. office the Secretary�ftiCe�t ti if�i eCretary ot State A` State of Washington Corporations Division Business Licensing Service LEGAL h ENTITY E T -- ,j Unified Business ID #: 602 902 090 P Business ID #: 1 Expires: 02-29-2016 ° §' ENVIRONMENTAL INFORMATION MANAGEMENT LLC p, 3 f; 1137 HIGHLAND AVE All �kflii PORT ANGELES WA 98362 2730 �,i AtP � . Domestic Limited Liability Company +. Renewed by Authority of Secretary of State f � REGISTERED TRADE NAMES: ENVIRONMENTAL INFORMATION MANAGEMENT l� gyp # "Al � bra N �A t. "- ,z awl E� G � t _l By accepting this document the licensee certifies that information provided on the renewal was complete,true,and accurate to the 4 best of his or her knowledge,and tha4 fihe company will stay in Secret4ot compliance with all applicable Washington State regulations t' ACfJR,L7 CERTIFICATE OF LIABILITY INSURANCE DA 7/17/2014 Y' 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 C NAME: Insureon(BIN Insurance Holdings LLC.) PHON o . 800-688-1984 Fnc No:(877)826-9067 insWr20n 1301 Central Expy.South,Suite 115 ADDDDRIESS: Allen,TX 75013 PRODUCER CUSTOMER INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: HIScox 10200 EIM Environmental Information Management INSURER B: 1137 E Highland Ave INSURERC: Port Angeles,WA 98362- INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 TYPE OF INSURANCE AD L SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MM1DD 1YYYY) (MWDONYYYI LINATS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 —DAMAGE TO RENTED ✓ COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 100,000 CLAIMS-MADE ✓❑OCCUR MED EXP(Any one person) $ 5,000 A UDC-1449183-CGL-14 4/2912014 4/29/2015 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 ✓ POLICY PRO- LOC I $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-IMADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU• OTH- AND EMPLOYERS'LIABILITY Y/N -70RY LIA ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability(Errors and Omissions) UDC-1449183-EO-14 4129/2014 4/29/2015 Occurrence/Aggregate $1,000,000/$1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Port Angeles THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 321 E 5th Street ACCORDANCE WITH THE POLICY PROVISIONS. Port Angeles,WA 98362 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD 1098843 EIM Environmental Information Certificate of Insurance (page 1 of 1) 07/18/2014 12:29:18 PM AC" 7/188/201/201 CERTIFICATE OF LIABILITY INSURANCE DATE /YYYY) 4 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 CONTACT NAME: Insureon(BIN Insurance Holdings LLC.) PHONE E t: 800-688-1984 FAX No): (877)826-9067 insureon 1301 Central Expy.South,Suite 115 ADDRESS:E-MAIL Allen,TX 75013 PRODUCER CUSTOMER 10#• INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: HIScoX 10200 EIM Environmental Information Management INSURER B: 1137 E Highland Ave INSURER c: Port Angeles,WA 98362- INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 TYPE OF INSURANCE INSR SUER POLICY NUMBER AD LTR D/YYYY) (MWDDIYYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTE15— ✓ COMMERCIAL GENERAL LIABILITY PREMISES orc rrenc $ 100,000 CLAIMS-MADE ❑✓ OCCUR ME EXP(Any one person) $ 5,000 A UDC-1449183-CGL-14 4/29/2014 4/2912015 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 ✓ POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Es accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN LIM ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? F-1 FN/ (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability(Errors and Omissions) UDC-1449183-EO-14 4/29/2014 4/2912015 Occurrence/Aggregate $1,000,000/$1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Community Development Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Port Angeles ACCORDANCE WITH THE POLICY PROVISIONS. 321 E.Fifth Street AUTHORIZED REPRESENTATIVE P.O.Box 1150 Port AnnRlac WA A8362 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD