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HomeMy WebLinkAbout5.507 Original Contract '0 '::'''0'' 15"4 2:HJE5T (~ : ~G-~~'- :~"~~~,~;OT~'~i ':7'~,;jT;j~r;: ~ Z005 AUG 30 AM 9: 03 Filed at the Request of: City of Port Angeles City Clerk's Office P. O. Box 1150 Port Angeles, W A 98362 (0 Interlocal Agreement City Clerk File No.: 5.561 zent between the City ofport Angeles and ~ UtcY.i;. .\(/~ :J{~ /f5~s Purpose: fl~'1'Vltv5f ~d Dated: U~/D<: Pb:;~'J 5.5f)7 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND LOWER ELWHA KLALLAM TRIBE AND TRIANGLE ASSOCIATES, INC. RELATING TO: Elwha-Morse Watershed Planning Public to parties The work shall be completed In accordance with the schedule Outreach set forth In the attached Exhibit C THIS AGREEMENT IS made and entered Into this 22nd day of May, 1999, by and between THE CITY OF PORT ANGELES, a non-charter code city ofthe State of Washington, (hereinafter called the "CITY") and the Lower Elwha K1allam Tnbe (hereinafter call the "TRIBE") and -TRIANGLE ASSOCIATES, INC. a Washington Corporation (hereinafter called the "CONSUL TANr'). WHEREAS, the CITY and TRIBE desires to develop a predeslgn for- WHEREAS, the CITY and TRIBE desires to engage the professional services and assistance of a qualified consulling firm io perform the scope of work as detailed in Exhibit A, and WHEREAS, the CONSULTANT represents that It IS In full compliance with the statutes of the State of Washington for professional registration and/or other applicable reqUirements, and WHEREAS, the CONSULTANT represents that It has the background, expenence, and abllrty to perform the reqUired work In accordance With the standards of the profession, and WHEREAS, the CONSULTANT represents that It will prOVide qualified personnel and appropnate faCilities necessary to accomplish the work, NOW, THEREFORE, In conSideration of the above representations and the terms, condllions, covenants and agreements set forth below, the parties hereto agree as follows SCOPE OF WORK The scope of profeSSional services to be performed and the results to be achieved by the CONSULTANT shall be as detailed In the attached Exhibit A, and shall Include all services and material necessary to accomplish the work. The CITY and TRIBE may review the CONSULTANT'S work product, and if It IS not satisfactory the CONSULTANT shall make such changes as may be reqUired by the CITY and TRIBE Such changes shall not constitute "Extra Work" as related In Section XI of thiS Agreement The CONSULTANT agrees that all services performed under thiS Agreement shall be in accordance With the standards of the profeSSion and In compliance With applicable federal, state and local laws The Scope of Work may be amended upon written approval of both parties II OWNERSHIP OF DOCUMENTS Upon completion of the work, all documents, exhibits, photographic negatives, or other presentations of the work shall become the property of the CITY and TRIBE 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 or reuse of the documents, by the City and Tnbe or by others acling through or on behalf of the City and Tnbe, will be at the City'S and Tnbe's sole risk III DESIGNATION OF REPRESENTATIVES Each party shall deSignate ItS representatives In Writing The CONSULTANT'S representalive shall be subject to the approval of the CITY and TRIBE. . N nMEOFPERFORMANcE The CONSULTANT may begin work uponauthorlzatlon by the City subject V PAYMENT The CITY and TRIBE shall pay the CONSULTANT as set forth In thiS section of the Agreement Such payment shall be full compensalion 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 and expenses as set forth in the attached Exhibits B B. The CONSULTANT shall submit InVOices to the CITY and TRIBE on a monthly baSIS. 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 In the Scope of Work to which the costs are related, and shall indicate the cumulalive total for each task C. The CITY and TRIBE shall review the inVOices and make payment for the tasks that have been completed 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 E Final payment for the balance due to the CONSULTANT Will be made upon the completion of the work and acceptance by the CITY and TRIBE. F Payment for "Extra Worl<' performed under Section XI of thiS Agreement shall be as agreed to by the parties In writing VI MAXIMUM COMPENSATION Unless otherWIse agreed to In wnting by both parties, the CONSULTANT'S total compensation and reimbursement under thiS Agreement, Including labor, direct non-salary reimbursable costs and outSide services, shall not exceed the maximum sum of $ 24,999 10 VII EMPLOYMENT Employees of the CONSULTANT, while engaged In the performance of any work or services under this Agreement, shall be conSidered employees of the CONSULTANT only and not of the CITY and TRIBE, and claims that may arise under the Workman's Compensalion 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 Agreement, the CONSULTANT shall not employ or contract With any CITY or TRIBE employee Without the City's or Trlbe'srespectlve written consent VIII NONDISCRIMINATION The CONSULTANT shall conduct its business in a manner, which assures fair, equal and non-dlscrlmlnatory treatment of all persons, Without respect to race, creed or nalional origin, and, In particular. A The CONSULTANT shall maintain open hiring and employment practices and Will welcome applicalions for employment In all City of Port Angeles - [month and year] ~ 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 or veterans's status, disabled veteran condition, physical or mental handicap, or national origin. IX SUBCONTRACTS A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY and TRIBE. B. The CONSULTANT will be using the firms submitted with its proposal as subcontractors Subcontractors other than those listed shall not be permitted WIthout the written consent of the CITY and TRIBE. C. In all sollCltatlO/l 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 subconsultant or supplier shall be notified by the CONSULTANT of Consultant's obligations under this Agreement, including the nondiscrimination requirements. X CHANGES IN WORK Other than changes directed by the CITY and TRIBE as set forth in Section I above, either party may request changes in the scope of work. Such changes shall not become part of this Agreement unless and until mutually agreed upon and Incorporated herein by written amendments to this Agreement executed by both parties. XI EXTRA WORK The CITY may desire to have the CONSULTANT perform work or render selVlces in connection with this project, in addition to the Scope of Work set forth In Exhibit A and minor revisions to satisfactorily completed work Such work shall be conSidered as "Extra Work" and shall be addressed in a written supplement to this Agreement The CITY shall not be responsible for paying for such extra work unless and until the written supplement IS executed by both parties. XII TERMINATION OF AGREEMENT A. The CITY and TRIBE may terminate this Agreement at any time upon not less than ten (10) days written notice to the CONSULTANT Written notice WIll be by certified mail sent to the consultant's deSignated representative at the address provided by the CONSULTANT ' B. In the event thiS Agreement 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 percentage of work completed C In the event this Agreement is terminated prior to completion of the work, documents that are the property of the CITY pursuant to Section II above, shall be delivered to and received by the CITY and TRIBE prior to transmittal of final payment to the CONSULTANT XIII INDEMNIFICATION/HOLD HARMLESS The CONSULTANT agrees to indemnify the CITY and TRIBE from any claims, damages, losses, and costs, Including, but not limited to, attorney's fees and litigation costs, arising out of claims by third parties for property damage and bodily InJUry, Including death, caused solely by the negligence or willful misconduct of the CONSULTANT, CONSULTANT employees, affiliated corporations, officers, and subcontractors In connection With the work performed under thiS Agreement The CITY and TRIBE agree to Indemnify the CONSULTANT from any claims, damages, losses, and costs, including, but not IImrted to, attorney's fees and litigation costs, arising out of claims by third parties for property damage and bodily injury, including death, caused solely by the negligence or Willful misconduct of the CITY and TRIBE, CITY'sor TRIBE's employees, or agents in connection with the work performed under this Agreement. If the negligence or willful misconduct of both the CONSULTANT and the CITY and TRIBE (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the CONSULTANT and the CITY and TRIBE in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity shall apply for such proportion. Should a court of competent jUrisdiction determine that thiS Agreement 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 and the CITY and TRIBE, their officers, officials, employees, and volunteers, the CONSULTANrS liability hereunder shall be only to the extent of the CONSUL TANrS negligence. It is further specifically and expressly understood that the indemnification prOVided herein constitutes the CONSULT ANrS waiver of immunity under Industrial Insurance. Title 51 RCW, solely for the purpo$es of this indemnification. ThiS waiver has been mutually negotiated by the parties. The provisions of thiS section shall survive the expiration or termination of this Agreement. However, the CONSULTANT expressly re$erves its rights as a third person set forth in RCW 51.24.035. I XIV INSURANCE I 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 anse ~ or in connection With the performance of the work hereunder by the C:ONSUL TANT. ItS agents, representalives, employees or subcontractors. The CONSULTANT shall p~ovide a Certificate of Insurance eVidenCing - I 1. Automobile Liabilitv Insurance with limits no less than $1,000,000 combined single limit per adcident for bodily Injury and property damage, and, I I 2. Commercial General Liabilltv Insurance written on an occurrence baSIS with limits no less than $1 ,qoo,OOO combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall InclJde but not be limited to blanket contractual I ' products/completed operati~ns, broad form property damage; explosion, collapse and underground (XGU) If applicable, and employer's liability, and, Any payment of dedUctlblJ or self insured retention shall be the sole responsibility of the CONSULTANT. I The CITY and TRIBE shall be named as an additional Insured on the Commercial General Liability ihsurance policy, as respects work performed I by or on behalf of the CO(1sultant and a copy of the endorsement naming the CITY and TRIBE as additional insured shall be attached to the Certificate of Insurance. The CITY and TRIBE reserve the right to review a certified copy of all required Insurance poliCies In the CONSUL TANrs office. 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. The CONSULTANT'S Insurance shall be primary insurance as respects the CITY and TRIBE, and the CITY and TRIBE shall be given thirty (30) days poor written notice of any cancellation, suspension or matenal change in coverage XV 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 litigation brought hereunder shall be Clallam County City of Port Angeles - [month and year] )tVI EXHIBITS AND SIGNATURES This Agreement, Including its exhibits, constitutes the entire Agreement, supersedes all pnor 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 Agreement: Exhibit A - Scope of Work Exhibit B - Consultant Labor Costs and Reimbursable Expenses Exhibit C - Schedule for the Work In WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first wntten above C !\sst::u.' ~Jes.) \ he . ATTEST' E ATTORNEY PW-041 O_01.wpd [rev:3/3/98) City of Port Angeles - [month and year) " f WRIA 18 Watershed Planning - Elwha-Morse Basins Public Outreach Program Scope of Work Tasks Hours Work Products Budget Amount 1. Agree on scope of services 4 Contract $ 434.64 2. Develop mailing lists for the 16* Gen. Pub. List $ 1,029.28 general public/stakeholders Stakeholders List 3. Organize and schedule the first 40* Speaker Confirmation $ 3,367.89 public forum Space Arrangement 4. Publish and mail out notices of 16* Public Notices $ 999.90 the first public forum 5. Prepare forum handout materials 40* Handout Materials $ 3,285.21 and a/v presentations NY Presentations 6. Conduct first public forum and 12 Public Forum $ 1,800.00 solicit public input Testimony/Survey 7. Report public input 16 First Forum Report $ 1,738.56 8. Evaluate public outreach 8 Evaluation Meeting $ 869.28 progress and next steps 9. Refine mailing lists for the 4* Gen. Pub. List $ 215.98 general public/stakeholders Stakeholders List 10. Organize and schedule a second 20* Speaker Confirmation $ 1,794.64 public forum Space Arrangement 11. Publish and mail out notices of 16*' Public Notices $ 1,082.58 the second public forum 12. Prepare forum handout materials 20* Handout Materials $ 1,629.28 and a/v presentations NY Presentations 13. Conduct second public forum 12 Public Forum $ 1,800.00 and solicit public input Testimony/Survey ] 4. Report public input and the 24* Public Outreach $ 2,282.58 outreach program success Final Report ]5. Evaluate public outreach --1 Evaluation Meeting $ 869.28 progress and next steps Total Contract Services 96 Alice Shorett 86 Dennis Clark 74 Liza Schmitz * Part principal hours and part support hours Total Hours 256 $23,199.10 Total Expenses $ 1,800.00 Total Contract Amount $24,999.10 f~~v~t A -l ~ 1] lSI I\J Elwha-Morse Watershed Planning Public Outreach Scope of Work ~ ;, Proposed budget prepared by Triangle Associates (revised) . . February 25, 1-999 "- LIla Schmitz. . ... Alee ShONlt,. DeRnia Clark; . . Reaearoh Principal Associate Associate TOTAL $160.00 $67.32 $40.67 I' Activities ~ .' . . Task 1. Agree ~ scope 01 work 2 2 0 4 $434.64 $ 10.00 $444.64 Task 2. Develop mailing lists tOr the general publlcl,takeholde" 2 6 8 16 $1,029.28 $ 50.00 $1,079.28 .) Task 3. Organize and schedule the flltt pubflc forum 13 12 16 40 $3,367.89 $ 50.00 $3,417.89 Task 4. Publish and mail out nottces of the first public forum 1 9 8 16 $999.90 $ 500.00 $1,499.90 Task 5. Prepa...lorum handout materials and aJv preaentatrons 12 13 15 40 $3,285.21 5 100,00 $3,385.21 Tasl6. Conduct fir. public forum and sollcll public "1M 12 0 0 12 $1,800.00 $ 200.00 $2.000.00 Task 7. Report public Input 8 8 0 16 $1,738.56 S $1,738.56 . . Task 8. Evaluate public outreach pmgren and next 51epe 4 4 0 8 $869.28 S $869.28 Task 9. Reine mallng lata Jor the general public/stakeholders 0 2 2 4 S215.98 $ 25.00 $240.98 Task 10, Organize and achedule a MCOnd p\.bNc lONm 8 4 8 20 $1,794.64 $ 50.00 $1,844.64 . T88Ic 11. Publi8h snd mall aut noUe.. or the second pubflc forum 2 8 6 16 $1,082.58 $ 500,00 $1,5~58 \ 6 e 20 $1,829.28 S 100.00 $1,729.28 Tuk 12. Prepare forum handout materiall and IIv presentations 8 Task 13. Conduct second public forum and .8olich public qM 12 0 0 12 $1,800.00 $ 200.00 S2,OOO.00 Task 14. Report the public Input and Ibe outreach program SUCClN 10 8 6 24 $2,282.58 S $2.282.58 Task 15. Evaluale public outreach progress and next steps 4 4 0 , $869.28 $ 15,00 $884.28 TOTAL 96 88 74 256 $23.199.10 $1,800.00 $24,999.10 AsaUmpllQalNotea 1) No overnight travel 2) PubRc notice coat depends on . 8ent (II aV81YOM In walolshod to r.eoiv,1 noUce?) 3) Tribal or CilV staff wUJ like notes dumg p&j)1Jc meetings ~h;,l,',+ & ; , ' . WRIA 18 Watershed Planning - Elwha-Morse Basins Public Outreach Program Scope of Work llW Hours Work Products Completion Date 1. Agree on scope of services 4 Contract Mar 8 2. Develop mailing lists for the 16* Gen. Pub. List Mar 15 general public/stakeholders Stakeholders List Mar 15 3. Organize and schedule the first 40* Speaker Confinnation Mar 29 public forum Space Arrangement Mar 29 4. Publish and mail out notices of 16* Public Notices Mar 31 the first public forum 5. Prepare forum handout materials 40* Handout Materials Apr 12 and a/v presentations AN Presentations ApT 12 6. Conduct first public forum and 12 Public Forum Apr 19 solicit public input Testimony/Survey Apr 19 7. Report public input 16 First Forum Report Apr 22 8. Evaluate public outreach 8 Evaluation Meeting Apr 22 progress and next steps 9. Refine mailing lists for the 4* Gen. Pub. List Apr 26 general public/stakeholders Stakeholders List Apr 26 10. Organize and schedule a second 20* Speaker Confinnation Apr 26 public forum Space Arrangement Apr 26 11. Publish and mail out notices of 16* . Public Notices May 3 the second public forum 12. Prepare forum handout materials 20* Handout Materials May 10 and aIv presentations AN Presentations May 10 13. Conduct second' public forum 12 Public Forum May 22 and solicit public input Testimony/Survey May 22 14. Report public input and the 24* Public Outreach May 28 outreach program success Final Report 15. Evaluate public outreach 8 Evaluation Meeting 1un4 progress and next steps Total HOUTS 256 ~h~ ),--;+- c..