Loading...
HomeMy WebLinkAbout5.520 Original Contract 5 . .!5c:< 0 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. ; , ATTEST: PW-0410_01 wpd [rev:313198) , I ' . . ',' / , \. ' 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 . --- 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 ; . \... ! ,"\ . .' f' " 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 '. l' , Jan. 20, 2000 Jan. 31, 2000 Feb. 7, 2000 Feb. 15,2000 ---