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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF PORT ANGELES
AND
DAVID EVANS AND ASSOCIATES, INC.
Supplemental EIS for Eastern UGA Annexation
RELATING TO:
THIS AGREEMENT is made and entered into this 10th day of
Seotember , 199..L, by and between THE CITY
OF PORT ANGELES, a l'lOIl-d1arter code city of the State of Washington,
(hereinafter called the "CITY") and DAVID EVANS AND ASSOCIATES
INC. a Washington Corporation (hereinafter called the "CONSUL TANr):
WHEREAS, the CITY desires to prepare a supplemental environmental
impact statement (SEIS) for annexation of the eastern portion of the City's
urban growth area (UGA), and
WHEREAS, the CITY desires to engage the professional selVlces and
assistance of a qualified consulting firm to perform the scope of work as
detailed in Exhibit A, and
WHEREAS, the CONSULTANT'S Project Manager, doing business as
Ryan Planning Resources, prepared the environmental impact statement
for the Port Angeles Comprehensive Plan under the requirements of the
Growth Management Act, 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,
experience, and ability 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 appropriate facilities necessary to accomplish the work;
NOW, THEREFORE, In consid.eration of the above representations and
the terms, conditions, 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 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 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 wntten 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 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 or by others acting through or on behalf of the City WIll be at the
City's sole risk.
III DESIGNATION OF REPRESENTATIVES
Each party shall designate its representatives in writing. The
CONSULTANT'S representative shall be subject to the approval of the
CITY.
IV TIME OF PERFORMANCE
The C~NSUL T ANT may begin work upon authonzation by the City subject
to parties. The work shall be completed in accordance with the schedule
set forth in the attached Exhibit B.
V PAYMENT
The CITY shall pay the CONSULTANT as set forth in this section of the
Ag~. 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 and expenses as set forth In the attached Exhibit A.
B. The CONSULTANT shall submit invoices to the CITY 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
cumulative total for each task.
C. The CITY shall review the invoices and make payment for the
percentage of the project that has been completed less the amounts
preytously paid.
D. The CONSU~ T~NT 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 paymenffor the balance due to the CONSULTANT will be
,made upOO the completion ot'the work and acceptance by the CITY.
F. Payment for "Extra Work" 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 wribng by both parties, the CONSULTANT'S
total compensation and ~eimbursement under this Agreement, including
labor, direct non-salary reimbursable costs and outSide services, shall not
exceed the maximum sum of $ 11,375.00.
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 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 Agreement, the CONSULTANT shall not employ or
contract WIth any CITY employee without the CIty'S written consent.
VIII NONDISCRIMINATION
The CONSULTANT shall conduct its business in a manner, which
assures fair, equal and non~iscriminatory treatment of all persons, WIthout
respect to race, creed or national origin, and, in particular:
City of Port Angeles - [month and year]
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 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.
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
C. 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 subconsultant or supplier shall be notified by the
CONSULTANT of Consultant's obligations under thiS Agreement,
including the nondiscnmination requirements.
X CHANGES IN WORK
Other than changes directed by the CITY 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
services 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 supplernent 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 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 consultanrs 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 prior
to transmittal of final payment to the CONSULTANT.
XIII INDEMNIFICA TION/HOLD HARMLESS
The CONSULTANT agrees to indemnify the CITY from any claims,
damages, losses, and costs, including, but not limited to, attomey'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 agree to indemnify the CONSULTANT from any claims,
damages, losses, and costs, including, but not limited to, attomey'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, CITY'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 (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 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, their officers, officials, employees, and volUnteers, the
CONSULTANTS liability hereunder shall be only to the extent of the
CONSULTANTS negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the
CONSULTANTS 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 Agreement. However, the
CONSULTANT expressly reseryes its rights as a third person set forth in
RCW 51.24.035.
XIV 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 ~~reunder by the CONSULTANT, its agents, representatives, :
employees or subcontractors.
The CONSULTANT shall provide a Certificate of Insurance evidencing:
1. Automobile liabIlitY insurance WIth limits no less than $1,000,000
combi~ed ,~ingle !Imit per ,aCCident for bodily injury and property damage;
and, >, ~ ", ' ., ,. ' '.,
2. Commercial General Liabilitv insurance written on an occurrence basis
with limits no less than $1,000,000 combined single limit per occurrence
and $2,000,000 aggregate for personal Injury, bodily injury and property
damage. Coverage shall Include but not be limited to: blanket contractual;
products/completed operations; broad form property damage; explosion,
collapse and underground (XCU) if applicable; and employer's liability; and,
Any payment of deductible or self insured retention shall be the sole
responsibility of the CONSULTANT.' '
The CITY shall be named as an additional insured on the Commercial
General Liability insurance policy, as respects work performed by or on
behalf of the Consultant and a copy of the endorsement naming the
CITY as additional insured shall be attached to the Certificate of
Insurance. The CITY reserve the right to review a certified copy of all
reqUired insurance policies in the CONSULTANTs office.
The CONSULTANTS 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 CONSULTANTS Insurance shall be primary insurance as respects
the CITY, and the CITY shall be given thirty (30) days prior wrrtten notice
of any cancellation, suspension or material 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)
XVI EXHIBITS AND SIGNATURES
This Agreement, including Its exhibits, constitutes the entire Agreement,
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 Agreement.
Exhibit A - Scope of Work
ExhIbit B - Schedule for the Work
In WITNESS THEREOF, the parties hereto have executed this
Agreement as of the day and year first written above.
CITY OF PORT ANGELES
CONSULTANT. DAVID EVANS AND ASSOCIATES, INC.
&-0
CONSULTANT. DAVID EVANS AND ASSOCIATES, INC.
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ATTEST:
PW-0410_01 wpd [rev:313198)
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City of Port Angeles - [month and year)
Exhibit A
Port Angeles East Annexation SEIS
Scope of Work
Tasks
Task 1. Analyze existing conditions, impacts and mitigating
Measures associated with the annexation.
Cost
$6,375
la. Analyze the natural environment including critical areas and
update air, earth and water information as needed.
I b. Prepare land use analysis including new development capacity,
zoning, policies and plans.
lc. Prepare housing analysis including density, intensity,
inventory and potential units.
Id. Prepare transportation analysis including Hwy 10 access,
circulation, future level of service.
Ie. Prepare utilities and services analysis for changes to
utilities and services, capital costs and LOS.
If. Prepare fiscal summary of economic and fiscal analysis
prepared for annexation by others.
Task 2. Prepare a preliminary draft for staffreview and comment
Including a conference to review staff comments.
$750
Task 3. Attend 3 meetings: including one to collect background information $1,200
And make a site visit, to meet with staff, and a presentation at the, ; .
EIS hearing.
Ta;;k 4. Produce a camera-ready Draft SEIS copy for printing
Including graphics useful to public understanding.
$600
Task 5. Respond to comment letters received from public and
Other agencies. Prepare Final SEIS, review with staff and
Finalize camera-ready copy for publication.
$2,250
Subtotal of Services
$11,175
Expenses in preparation of SEIS
Phone, Mail, FAX, Graphics, Supplies, Travel
TOTAL
$ 200
$11,375
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Exhibit B
Port Angeles East Annexation SEIS
Schedule
Task 1 Research and analysis
. Existing conditions summary, impacts analysis and
Mitigating measures
Task 2 DSEIS preparation
. Deliver preliminary DSEIS to staff
. Staff to return comments
Task 3 Meetings
. Research meeting
. Review issues/mitigation with staff
. Public Hearing on DSEIS
Task 4 Draft SEIS production
. Camera Ready copy to City
. Issue DSEIS
Task 5 Final SEIS production
. De1.iv~r pr:elinlinary F.SEIS to staff
. Staff to return,comments
. Camera Ready copy to City
. Issue FSEIS
Estimated Start Date 9/10/99
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Sep. 10-~ov.10. 1999
~ov. 19, 1999
~ov. 30, 1999
Sep. 15, 1999
Oct. 29, 1999
Jan. 5, 1999
Dec. 10, 1999
Dec. 14, 1999
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, Jan. 20, 2000
Jan. 31, 2000
Feb. 7, 2000
Feb. 15,2000
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