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HomeMy WebLinkAbout5.262 Original ContractAGREEMENT FOR PLANNING CONSULTANT SERVICES THIS AGREEMENT, made and entered into this ijj day of June 1991, by and between the City of Port Angeles, a municipal corporation of the State of Washington (hereinafter called "CITY and JOHN MAUK, ENVIRONMENTAL PLANNER, (C 600 404 885) 6001 39th Avenue S.W., Seattle, Washington, 98136, (hereafter called "CONSULTANT In consideration of the mutual promises, covenants, terms and conditions of this Agreement, the parties agree as follows: I. DESCRIPTION OF WORK AND SERVICES: A. The CONSULTANT shall provide professional services'and work as specified in Exhibit A. Such services provided shall comply with present technological knowledge, government regulations, accepted standards and be consistent with the requirements of law. B. The work and services performed shall include review of pertinent data, studies and plans which the CITY has in its possession and agrees to provide to the CONSULTANT. C. The CONSULTANT shall work closely with the CITY on all aspects of the work and services. The work may include cooperative working sessions with City officials and departments and presentations before public agencies, as reasonably directed by the City. D. The CONSULTANT shall issue reports of all work completed during the term of this Agreement and shall provide any and all information or status reports as reasonably directed by the CITY. E. All work shall be performed in a neat and workmanlike manner. F. Any extra work or services to be performed beyond the work and services described in Exhibit A shall be agreed upon by the parties in a written addendum to this Agreement. Such extra work shall include revisions to previously performed work as necessitated by changes in data or criteria furnished by the CITY to the CONSULTANT and revisions to the scope or concept of the work and services described in Exhibit A, but shall not include revisions necessitated by incomplete or inadequate performance by the CONSULTANT. II. COMPENSATION: A. The CITY shall pay CONSULTANT SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500) for the work and services performed under this Agreement. Payments shall be made monthly based on percentage of 1 project completion as documented by the CONSULTANT'S invoices and shall be made within thirty (30) days of receipt of such invoices. B. The CONSULTANT shall maintain records conforming to usual accounting practices. III. USE AND OWNERSHIP: All original materials, reports, documents, drawings, specifications, computations, sketches, test data, photographs, and renderings related to the services and work performed hereunder shall be the property of the CITY, once the CITY has paid CONSULTANT in full for services rendered to date, and may be used by the CITY in any manner it deems necessary and appropriate. Any modification or amendment of any of the CONSULTANT'S work by the CITY shall release the CONSULTANT from any and all liability in connection with such work thereafter and the CITY shall not use the CONSULTANT'S name thereon. IV. INDEMNIFICATION: A. The CONSULTANT shall promptly notify the City's Risk Manager and the City Attorney's office of all damaged property of the CITY or others and of injuries sustained by any persons, including employees of the CONSULTANT, in any manner relating directly or indirectly to the work within the scope of this Agreement. B. The CONSULTANT agrees to and does hereby indemnify and save the CITY harmless from and against any and all losses, damage, claims, actions, liability, attorney's fees, and expense in contract or in tort, in connection with loss of life, bodily injury and /or property damage occurring on or about or arising out of those portions of the work under CONSULTANT'S control or wherever arising if occasioned wholly by negligent act or errors of CONSULTANT, or by its or its agents, servants, employed, or materialmen, should the same arise during the progress of the work. V. INSURANCE: A. The CONSULTANT shall secure and maintain in effect at all times, at expense, insurance of the following kinds and limits to cover all locations of the CONSULTANT'S operations in connection with the work on the PROJECT: 1. Worker's Compensation and Employer's Liability covering employees of the CONSULTANT. a. Worker's Compensation with statutory limits of liability. b. Employer's Liability with statutory limits of liability. 2. Public Liability Insurance covering the CONSULTANT'S legal liability for bodily injuries in limits of not less than $500,000 per person and $1,000,000 per occurrence and for property damage of not less than $100,000 per accident and $200,000 aggregate. 3. Automobile Liability Insurance for bodily injuries in limits of not less than $500,000 per person and $1,000,000 per accident and for property damages of not less than $200,000 per accident, providing coverage for any accident arising out of or result- ing from the operation, maintenance or use by CONSULTANT of any owned, non -owned or hired auto- mobiles, trailers or other equipment required to be licensed. 4. Professional Liability Insurance for all facets of CONSULTANT'S operations and work, including errors, omissions and negligent acts covering this Agree- ment with minimum limits of $250,000 liability per occurrence and $250,000 aggregate errors and omissions. VI. COMPLIANCE WITH GOVERNMENTAL REGULATIONS: The parties shall keep, observe and perform all require- ments of applicable Federal, State and Local laws, rules, regula- tions or ordinances. VII. LIENS AND CLAIMS: The CONSULTANT shall promptly and properly pay for all labor employed, materials purchased and equipment hired by it in connection with the work, shall keep the CITY'S property free from any materialman's or mechanics' liens and claims or notices in respect thereto arising by reason of the CONSULTANT'S work and shall discharge the same. In the event that the CONSULTANT does not pay or satisfy such claim or lien within three (3) business days after the filing of notice thereof, the CITY, in addition to any and all other remedies, may forthwith terminate this Agreement, effective immediately. VII. COPYRIGHTS. ROYALTIES. PATENTS. ETC. The CITY shall pay for all copyrights, royalties and license fees. The CITY shall defend all suits or claims for infringement of any licenses, copyrights or patent rights, and shall save the CONSULTANT harmless from loss on account thereof. IX. DEFAULT: A. The occurrence of any of the following, by either party, shall constitute an event of default hereunder: 3 1. The filing of a petition by or against for adjudication as a bankrupt or insolvent, or for reorganization, for the appointment of a receiver or trustee of the property. 2. An assignment for the benefit of creditors. 3. The taking of possession of the property by any governmental officer or agency pursuant to statutory authority for the dissolution or liquidation of the business. 4. Non payment of compensations for CONSULTANT'S services. B. Upon the occurrence of either of the foregoing, or if either party shall fail to discharge and perform the obligations under this Agreement after having received five (5) days written notice from the non defaulting party of its failure to perform, the non defaulting party shall have the right, without prejudice to any right or remedy afforded by law or equity, to terminate its performance of this Agreement. C. If the defaulting party is the CONSULTANT and the CITY elects to terminate the Agreement, the CONSULTANT shall remove itself from the premises and turn over to the CITY as the CITY'S property, all materials, reports, maps, documents, plans, and other written documents prepared by the CONSULTANT incident to its work under this PROJECT upon payment in full by the CITY of all amounts due and owing to the CONSULTANT. D. If it should become necessary for either of the parties to resort to legal action because of a default by the other party, then the non prevailing party in any litigation shall pay all reasonable legal fees, including appellate proceedings, and other expenses incurred by the prevailing party. E. If default shall occur for non- payment of CONSULTANT'S services, the CONSULTANT retains the right to hold in its possession all work product performed under this Agreement until default in payment is corrected. X. WARRANTS AND CONFLICT OF INTEREST: The CONSULTANT represents and warrants that it has every legal right to enter into this Agreement and the CONSULTANT will not be restricted in providing the performance hereunder by any prior commitments. The CONSULTANT hereby warrant that there is no conflict of interest in the CONSULTANT present employment, if any, with the activities to be performed hereunder and shall advise the CITY if a conflict of interest arises in the future. XI. PERMITS AND LICENSES: All permits and licenses required by any governmental agency shall be paid by the CITY. XII. ASSIGNMENT: This Agreement and the services hereunder are non assignable by the CONSULTANT unless the CITY has given written consent. Any attempted assignment without such written consent shall be void. XIII. SCHEDULE: The work and services set forth in this Agreement shall be completed by September 1, 1991, or on any other date agreed upon in writing by the parties. XIV. INDEPENDENT CONTRACTOR: In all matter relating to this Agreement, the CONSULTANT shall be acting as an independent contractor. Neither the CONSULTANT nor employees of the CONSULTANT, if any, are employees of the CITY under the meaning or application of any Federal or State Unemployment or Insurance laws. The CONSULTANT agrees to assume all liabilities or obligations imposed by any one or more of such laws with respect to employees of the CONSULTANT, if any, in the performance of this Agreement. The CONSULTANT shall not have any authority to assume or create any obligation, express or implied, on behalf of the CITY and the CONSULTANT shall have no authority to represent as agent, employee, or in any other capacity than as hereinbefore set forth. XV. HEADINGS: The headings used in this Agreement are for reference only and shall not be relied upon nor used in the interpretation of same. XVI. INTERPRETATION: A. All words in this agreement referring to the CONSULTANT shall be read as though written in the singular or in the neutral gender. B. This Agreement and all of the terms and provisions shall be interpreted and construed according to the laws of the State of Washington. Should any clause, paragraph, or other part of this Agreement be held or declared to be void or illegal, for any reason, by any Court having competent jurisdiction, all other clauses, paragraphs or parts of this Agreement shall, nevertheless, remain in full force and effect. C. This Agreement between the parties shall be deemed to include this Agreement and any written addenda thereto as may be 5 executed by the parties. The CITY shall not be bound by any supplement hereto unless it is signed by an authorized representa- tive of the CITY. The CONSULTANT shall not be bound by the supple- ment hereto unless it is signed by an officer of the CONSULTANT. XVII. DISPUTES: Any disputes concerning the CONSULTANT'S performance of the work which are not resolved by agreement between the CONSULTANT and the CITY MANAGER shall be referred for determination by the City Council of the City of Port Angeles. If the Council's decision is deemed to be unsatisfactory to CONSULTANT, a civil action may be filed to adjudicate the dispute. Venue of any lawsuit related to this Agreement shall be in Clallam County, Washington. XVIII. MISCELLANEOUS: A. Records: All records relating to the work performed and reimbursable expenses incurred, including reports of accounts, shall be maintained by the CONSULTANT on generally accepted accounting principles and shall be available to the CITY or its authorized representative at all reasonable times throughout the term of this Agreement. B. Litictation: It is understood that the fixed sum payment set forth herein does not include compensation to the CONSULTANT for assisting the CITY in litigations in which the CITY may be involved. If the CITY desires assistance from the CONSULTANT in litigation, the parties shall agree in writing on the compensation. XIX. NOTICE: Any notice provided by this Agreement to be served in writing upon either of the parties shall be deemed sufficient if delivered to the City Manager or City Clerk in cases of notice to be served upon the CITY or to an authorized representative of the CONSULTANT, or if mailed, by registered or certified mail, return receipt requested, to the address of the party above identified or such other address as the party hereto may designate in writing. Such notice shall be effective from the date received as shown by signature on the return receipt. If such certified or registered mail is refused or unclaimed such notice shall be effective from the date of mailing. XX. TERMINATION: It is hereby agreed that this Agreement is for a term commencing on the date first written above, and ending on September 1, 1991, and may be extended for a specific period of time and for mutually agreed upon compensation. It is understood however, that future extensions may be made if fully executed in writing by the parties hereto. 6 Notwithstanding the foregoing, either party can terminate this Agreement upon thirty (30) days written notice. XXI. ENTIRE UNDERSTANDING: This Agreement contains the entire understanding between the parties and no modification or alteration of this Agreement shall be binding unless endorsed in writing by the parties hereto. parties. XXII. BINDING EFFECT: This Agreement shall not be binding until executed by all IN WITNESS WHEREOF, the parties hereto have executed tills Agreement by their duly authorized representatives on this day of 25A/45 1991. CITY OF PORT ANGELES P.O. Box 1150 Port Angeles, Washington 98362 if/ yid& 1 Approved as to form: CI Y-ATTO ATTACHMENT: Scope of Work Mauk JOHN MAUK, ENVIRONMENTAL PLANNER 6001 39th Avenue S.W. Seattle, Washington 98136 Contract for Consultant Services John Mauk SCOPE OF WORK TO PROVIDE CRITICAL AREAS INVENTORY, MAPPING AND OPEN SPACE NEEDS EXHIBIT A 1. Compile existing available data on critical areas and conduct field survey to collect additional critical area information. a. Consultant will gather other agency data on critical areas and meet with these agencies and local citizen committees to review their data and requirements. City will provide existing comprehensive plan, aerials, base road map from Public Works Department, zoning map, environmentally sensitive areas map and other pertinent documents. City will also provide the Tiger files, Department of Wildlife habitat maps, NWI data and other existing data. b. Consultant will prepare a base map showing Urban Growth Areas, City limits, roads and major physical features. The base map is designed for depicting critical area information for illustrative purposes. Maps may be prepared on Mapinfo Software which can read Arclnfo data. Electronic files acquired by the City will be made available to the consultant for this purpose. c. Consultant will depict available critical area data provided by the City and other agencies onto base map. d. Consultant and City staff will mutually determine areas of City for more detailed windshield survey for new information or to field check data from other sources. Consultant will field check data and conduct windshield survey for collection or verification of critical area information. e. g. J. Consultant will provide second draft of critical areas map based on information from tasks 1.c. and 1.d. Critical area catagories will be mutually determined by consultant and City staff. f. Consultant will develop generalized acreage information to indicate proportions relationships between critical areas. The purpose of this information is to compare critical area categories and depict general open space needs. City will review draft critical areas map (task 1.e.) and data (task 1.f.) and provide feedback to consultant. h. Consultant will prepare revised critical areas map. i. Consultant will prepare one or more overlay maps to depict physical limitations to development. Critical areas, natural features, public lands, or other information mutually determined between the consultant and the City will be depicted. Consultant will provide two (2) originals and twelve (12) reduced copies of critical areas map and overlay map(s) to the City. Contract for Consultant Services John Mauk Hourly rate $25.00 /hour Task 1.a. Tasks 1.b. and 1.c. Task 1.d. Task 1.e. Task 1.f. Task 1.h. Task 1.i. and l.j. Fee Schedule 1,500.00 2,000.00 1,000.00 1,000.00 1,000.00 500.00 500.00 NOT TO EXCEED TOTAL BASED ON ACTUAL HOURS OR DIRECT COSTS 7,500.00 MEMORANDUM June 18, 1991 TO: Mayor Sargent and City Council FROM: Brad Collins, Planning Director RE: Agreement for Planning Consultant Services on Critical Areas ISSUE: Should the City Council approve the attached agreement between the City of Port Angeles and John Mauk for personal services in analyzing critical areas under the Growth Management Act require- ments? BACKGROUND /ANALYSIS: It was anticipated that staff would be hired to complete most of the planning requirements mandated under the Growth Management Act (GMA) and that professional services would be contracted to supple- ment staff efforts. Earlier this year, a contract for planning consulting services on a land use inventory and capital facilities capacity analysis was approved with Heninger Ray, Inc., in the amount of $19,500. After considerable delay, the City was able to hire a senior planner in April, 1991, to undertake the bulk of the staff work needed to comply with the GMA. However, the initial deadlines being faced for designation of urban growth areas and critical areas have necessitated obtaining additional professional services in order to meet GMA requirements. Heninger Ray, Inc., offered to provide such assistance to the City at the rate of $2,250 per week ($56.25 per hour) and John Mauk offered to provide similar services at the rate of $25 per hour. Mr. Mauk is cur- rently teaching and doing research at Kent State University in the Geography Department Doctoral Program. Previously, Mr. Mauk provided professional environmental planning services in the Puget Sound Area. The attached agreement for critical area analysis is similar to a scope of work and contract made with Heninger Ray, Inc., for land use and capacity analysis. FISCAL IMPACT: The City received $44,800 from the State for Growth Management Act implementation during the curremtn State fiscal year from July 1, 1990, to June 30, 1991. Earlier consultant work was approved in the amounts of $19,500 to Heninger Ray and $5,175 to Clallam- Jefferson Community Action Council (housing needs study). Only $8,750 of the $40,000 budgeted for senior planner salary and benefits is expected to be expended by June 30, 1991. Approxi- mately $5,375 has been spent on office furniture, equipment, and supplies. This contract for critical area analysis would be paid out of the remaining first year GMA allocation prior to June 30, 1991, and second year GMA allocation after July 1, 1991. The General Fund budget is not affected by this action. RECOMMENDATION: It is recommended the City Council authorize the City Manager to sign the agreement for planning consultant services between the City of Port Angeles and John Mauk, Environmental Planner, for a contract amount not to exceed $7,500, in order to complete the work identified in the scope of work, Exhibit "A of the agreement in a timely schedule. Brad Collins Planning Director BC:LM Attachment cc: City Manager Finance Director PLAN.475