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HomeMy WebLinkAbout2019-01-22 - RH2 Engineering Inc - General Agreements / General Service AgreementsNo. PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT combines all understandings between RH2 Engineering, Inc., hereinafter called the "CONSULTANT," and the City of East Wenatchee, hereinafter called the "CLIENT," regarding professional services for 2019 General Services. This agreement supersedes all prior proposals, quotations, solicitations, negotiations, representations, agreements, or understandings, whether written or oral. The performance of the professional services described in this Professional Services Agreement as well as payment for the professional services shall be in accordance with the terms and conditions in this Agreement and the following Exhibits which are attached: Exhibit A: Scope of Work Exhibit B: Task Authorization Example Exhibit C: Schedule of Hourly Rates and Charges Authorization To Proceed Signing this form is authorization by the CLIENT for the CONSULTANT to proceed with the work as described in the SCOPE OF WORK stated in the PROFESSIONAL SERVICES AGREEMENT, unless otherwise provided for in the Authorization. Scope of Work The CONSULTANT agrees to perform the work in Exhibit A and any subsequent authorization for work per Exhibit B, according to the rates shown in Exhibit C. The cost to perform this work shall be on a Time and Expense basis. Direct expenses are defined as costs other than payroll casts which are directly attributable to the work. They shall include mileage and related expenses, long-distance telephone, facsimile, postage, and delivery, and other expenses incurred in the direct interest of the project. If the CONSULTANT is delayed in the performance of the work by conditions which are beyond their control, or by a change in the Scope of Work, the schedule may be revised. Ownership of Products and Documents to Be Furnished By the Consultant The deliverables as described in any task authorizations issued under this Agreement shall be the property of the Client, provided that full payment has been made to the Consultant per the terns if this agreement. The Consultant shall provide the Client with electronic copies of the project documents, in accordance with Exhibit A, in any of the following formats: Adobe Portable Document Format (PDF), AutoCAD® Drawing Web Format (DWF) or JPEG (JPG). Any reuse of the deliverables that is beyond the scope of the project is prohibited without written authorization from the Consultant. Any reuse of the deliverables, including use by any third party, shall be without liability to the Consultant. Methodology, materials, software, logic, and systems developed outside of task authorizations, or were pre-existing to any task authorizations, remain the property of the Consultant, and may be used as the Consultant sees fit, including the right to revise or publish the same without limitation. 1.The City owns all work product. The City owns all work product that Consultant produces while performing services for the City. All work product, including records, files, documents, plans, computer disks, magnetic media or material which may be produced or modified by Consultant while performing services for the City belong to the City. At the termination of this Agreement, Consultant must deliver all original records, files, documents, plans computer disks, magnetic media or other material to the City. Until at least 12 months following final payment, Consultant must provide the City prompt access to (and the City must have the right to examine, audit and copy) all of Consultant's electronic files, books, documents, papers and records related to the service performed for the City. 1.1.Consultant may include representations of the work performed under this Agreement in its promotional and professional materials, unless such representation or materials contain confidential information. 1.2.Consultant may not apply for a copyright on any report, map, or document produced for the City under this Agreement. Professional Standards The CONSULTANT shall be responsible to the level of competency presently maintained by other practicing professional engineers in the same type of work in the CLIENT's community, for the professional and technical work and materials furnished under this Authorization. The CONSULTANT makes no warranty, expressed or implied. CONSULTANT is entitled to rely on the accuracy and completeness of any information, data, or materials provided by the CLIENT or third parties in relation to the work. Outside Services When technical or professional services are furnished by an outside source, an additional 15% shall be added to the cost of these services for the CONSULTANT's administrative costs. Such services shall not be acquired without written approval of CLIENT. Payment The Consultant will send monthly invoices to the Client for completed work for services rendered under this Agreement as provided hereinafter and as specified in Exhibit C. Such invoices shall be for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All invoices for work performed under this Agreement will list actual time (days and/or hours) and dates during which the work was performed and the compensation shall be figured using the rates in Exhibit C. Finance charges, computed by a "Periodic Rate" of 1 % per month, which is an annual percentage rate of 12% (applied to the previous month's balance after deducting payments and credits for the current month), will be charged on all past -due amounts unless otherwise provided by law or by contract. Invoices not paid within thirty (30) days shall be considered past due. Termination Either CLIENT or CONSULTANT may terminate this Authorization by giving ten (10) days' written notice to the other party. In such event, the CLIENT shall pay in full for all work previously authorized and performed prior to the effective date of termination. If no notice of termination is given, relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization. 01/08/19 11:36 AA1 REV 10/13L:\EastWcnatchcc\data\EW\W40\2019 Gcncral Scrviccs\Contract\PSA_AGDrr,-2019 GS.docx No. Legal Expenses In the event legal action is brought by the CLIENT or CONSULTANT against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs expenses as 7t set by court p. APPROVEAPPROMY PROVED1# 1" f k* f go Rand L. As lund — DirectorZ/� '_)& /or PRINT NAME and ITLE PRINT NAME and TITLE q/ ( Iv DATE DATE RH2 Engineering, Inc., 300 Simon Street SE, Suite 5, East Wenatchee, WA 98802 City of East Wenatchee, 271 Ninth Street NE, East Wenatchee, WA 98802 ORIGINAL 1 PAGE NO 3 OF 5 PAGES Exhibit A Scope of Work City of East Wenatchee General Services 2019 JANUARY 2019 RH2 Engineering, Inc., (RH2) agrees to provide engineering services as necessary to support the City of East Wenatchee (City) at the request of the City. Work is not classified and may consist of assistance with the review of proposed private developments, construction support and other miscellaneous engineering related work. Billing for the services shall be on a time and expense basis in accordance with Exhibit C, Schedule of Hourly Rates and Charges. The period of this Contract is from January 1, 2019 through December 31, 2019. 1/8/2019 11:36:42 AM 2019 R112 Contract ORIGINAL 1 PAGE NO 4 OF 5 PAGES Exhibit B Task Authorization No. 1 City of East Wenatchee Review Services January 2019 RH2 Project No. Scope of Services {Insert a narrative description of the Task.}. Assumptions: {Insert assumptions or eliminate if not needed} Provided by {Client} (Eliminate if not needed.) • {Insert information/assistance to be provided} RH2 Deliverables: • {Insert description of RH2 deliverables.} Project Schedule Tasks will be done on an on -call basis through December 31, 2019. Subconsultants {Identify Subconsultants to be used and the fee estimate for their work, or No subconsultant are anticipated for this task. } . Fee for Services The fee for services shall be on a time and expense basis in accordance with the Professional Services Agreement for General Services 2019 dated that has been fully executed between the City of East Wenatchee and RH2 Engineering, Inc. The fee for services shall not exceed $ without prior written authorization of the City of East Wenatchee. Authorization to Proceed RH2 Engineering, Inc. City of East Wenatchee SIGNATURE Randy L. Asplund — Director PRINT NAA1E & TITLE DATE SIGNATURE PRINT NAA1E d.J TITLE ►f7Fix 1/8/19 11:36 AM 2019 RH2 Contract Original 1 Page No. 5 of 5 Pages EXHIBIT C RH2 ENGINEERING, INC. 2019 SCHEDULE OF RATES AND CHARGES RATE LIST RATE UNIT Professional 1 $141 $/hr Professional 11 $153 $/hr Professional 111 $163 $/hr Professional IV $177 $/hr Professional V $187 $/hr Professional VI $203 $/hr Professional VII $216 $/hr Professional VIII $226 $/hr Professional IX $226 $/hr Technician 1 $103 $/hr Technician II $114 $/hr Technician III $131 $/hr Technician IV $139 $/hr Administrative 1 $70 $/hr Administrative II $80 $/hr Administrative III $95 $/hr Administrative IV $113 $/hr Administrative V $133 $/hr CAD/GIS System $27.50 $/hr CAD Plots - Half Size $2.50 price per plot CAD Plots - Full Size $10.00 price per plot CAD Plots - Large $25.00 price per plot Copies (bw) 8.5" X 11" $0.09 price per copy Copies (bw) 8.5" X 14" $0.14 price per copy Copies (bw) 11" X 17" $0.20 price per copy Copies (color) 8.5" X 11" $0.90 price per copy Copies (color) 8.5" X 14" $1.20 price per copy Copies (color) 11" X 17" $2.00 price per copy Technology Charge 2.50% % of Direct Labor Mileage $0.580 price per mile (or Current IRS Rate) Subconsultants 15% Cost + Outside Services at cost Rates listed are adjusted annually.