Request for Proposals – Aerial Imagery & Aerial Mapping Services
| Agency: | City of Port Townsend, WA |
|---|---|
| State: | Washington |
| Level of Government: | State & Local |
| Category: |
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| Opps ID: | NBD15504349695293588 |
| Posted Date: | Feb 9, 2024 |
| Due Date: | Feb 22, 2024 |
| Source: | Members Only |
| Request for Proposals – Aerial Imagery & Aerial Mapping Services | 02/22/2024 - 3:00pm | Open - accepting bids and proposals | View Details |
Attachment Preview
PROFESSIONAL SERVICES AGREEMENT
1. Project: _____________________________________________________________________
2. Parties: City of Port Townsend, a Washington municipal corporation (the “City”),
and ______________________________________________________a
__________________________________________________________(the “Consultant”).
3. Total Amount:
_______________________________________
4. Date of Contract: _______________________________________
THIS AGREEMENT is entered into between the Parties as follows:
1. Services and Performance by the Consultant. The Consultant shall provide services as
described in Attachment 1.
2. Payment by the City. The City shall provide by payment a total amount not to exceed the
amount set forth above for services provided in this Agreement.
3. Term and Completion of Work. This Agreement shall remain in effect until completion of
the services described in Attachment 1 and final payment has occurred, unless terminated
in accordance with this Agreement. Work shall not commence until the Consultant has
provided insurance as required by this Agreement. All work shall be completed by
________________________________, 2024.
4. Insurance Requirements. At its expense, the Consultant shall take out and maintain
insurance as set forth in Attachment 2.
5. City Business License Required. The Consultant must obtain a City of Port Townsend
business license before any payment under this Agreement can be made.
6. General Terms
a. Payment Schedule and Terms
i. The project fee set forth in this Agreement is a sum not to exceed the
amount set forth above for all services performed and expenses incurred
under this Agreement.
ii. The project fee includes direct labor costs, overhead costs, and direct
(expense) costs, including materials, supplies, equipment, costs for travel,
reproduction costs, and telephone, facsimile, and computer use incurred
during the billing period.
iii. The Consultant shall maintain time and expense records and provide them
not more frequently than monthly to the City, along with invoices in a format
acceptable to the City for work performed to the date of invoice. The
Consultant shall provide progress reports, scheduling, and completion
information on request of the City.
iv. The Consultant shall keep cost records and accounts pertaining to this
Agreement available for inspection by the City’s representative for three (3)
years after final payment. The Consultant will provide copies to the City
upon request at no additional charge.
v. If the services rendered do not meet the requirements of the Agreement, the
Consultant will correct or modify the work to comply with the Agreement.
The City may withhold payment for such work until the work meets the
requirements of the Agreement.
b. Termination. The City may terminate this Agreement for cause after notifying the
Consultant of its default and giving the Consultant 10 days to cure the default. The
Consultant will be paid just and equitable compensation as provided in Paragraph 2
for any satisfactory work completed prior to the date of termination.
c. Indemnification and Hold Harmless.
i. The Consultant shall defend, indemnify, and hold the City, its officers,
officials, employees, and volunteers harmless from any and all claims,
injuries, damages, losses, or suits including attorney fees, arising out of or
resulting from the acts, errors, or omissions of the Consultant in
performance of this Agreement, except for injuries and damages caused by
the sole negligence of the City.
ii. However, 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, its officers, officials, employees, and volunteers, the Consultant's
liability, including the duty and cost to defend, hereunder shall be only to
the extent of the Consultant's negligence. It is further specifically and
expressly understood that the indemnification provided herein constitutes
the Consultant’s 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.
d. No Partnership. The Parties agree that nothing contained in this Agreement shall be
considered as in any way constituting a partnership between the City and
Consultant.
e. Independent Consultant. The Consultant is, and shall be at all times during the
term of this Agreement, an independent contractor and not an employee of the City.
The parties fully understand the nature of independent contractor status and intend
to create an independent contractor relationship. The Consultant, and not the City,
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shall have the right to control the manner and means by which the work or service is
accomplished. The City shall retain the right, however, to ensure that the work or
service is being performed according to agreed-upon requirements. Consistent
with this relationship, Consultant shall not be covered by any City benefit programs,
such as health and welfare benefit plans, social security, workers’ compensation,
or unemployment compensation and shall not be treated as an employee for
federal or state tax purposes or any other purpose. The Consultant shall be
responsible for paying all taxes related to payments City makes to the Consultant,
including federal income taxes, self-employment (Social Security and Medicaid)
taxes, and local and state business and occupation taxes, and the City is not
responsible for withholding for or paying any of those taxes.
f. Non-discrimination. The Consultant and its employees, agents, and sub-
consultants, if any, shall at all times comply with any and all federal, state, or local
laws, ordinances, rules, or regulations with respect to non-discrimination and equal
employment opportunity, which may at any time be applicable to the City by law,
contract or otherwise, including but not limited to all such requirements which may
apply in connection with employment or the provision of services to the public.
g. Compliance with all applicable laws. The Consultant shall at all times in
connection with performance of this Agreement, comply with any and all other
applicable federal, state and local laws, rules, ordinances, and regulations.
h. Notices. All notices shall be delivered personally or may be delivered by any of the
following methods: mailed by certified mail, return receipt requested; regular mail;
courier service; facsimile; or electronic mail to the other party as their address
appears of record with the City or State. In the case of notice by mail, notice shall
be deemed given on the date of postmark. In case of facsimile or electronic mail,
notice shall be deemed given when received.
i. Ownership of Documents. All work products, papers, notes, memoranda,
correspondence, drawings, specifications, reports, and other documents and
records of any sort produced, received, held, or maintained in conjunction with the
performance of this Agreement by the Consultant shall be and are the exclusive
property of the City, except that the Consultant may use such materials to assist
other public agencies. Upon request of the City or upon completion of any of the
services provided for in this Agreement or upon termination of this Agreement for
any reason, the Consultant shall deliver to the City, machine-reproducible in format
acceptable to the City, copies of any and all such materials. Once accepted by the
City, Consultant shall have no responsibility for subsequent use by other persons.
j. Nonwaiver. Any failure by the City to enforce strict performance of any provision of
this Agreement will not constitute a waiver of the City’s right to subsequently
enforce such provision or any other provision of this Agreement
k. Legal Fees. In any lawsuit between the parties with respect to matters covered by
this Agreement, the prevailing party will be entitled to receive its reasonable
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attorney fees and costs in the lawsuit, in addition to any other relief that may be
awarded.
l. Applicable Law; Venue. This Agreement shall be construed and interpreted in
accordance with the laws of the State of Washington. The venue of any action shall
be in the Superior Court of Jefferson County.
m. Assignment or Delegation. The Consultant shall not assign any of its rights or
interest in this Agreement, nor delegate any of its duties hereunder to any other
person, firm, or entity without the express written consent of the City first being
obtained.
n. Modification. No modification of this Agreement shall be effective unless agreed to
in writing and signed by the Parties.
o. Complete Agreement. This Agreement, together with the attachments, reflects the
entire agreement of the parties relating to the subject matter thereof, supersedes all
prior or contemporaneous oral or written agreements, or any understandings,
statements, representation, or promises, and is intended fully to integrate the
agreement between the parties with respect to the matters described in this
Agreement.
p. Other Terms. Additional terms (if any) are set forth in an attachment that will be
numbered Attachment 3 and initialed and dated by the parties.
IN WITNESS WHEREOF, the City of Port Townsend and Consultant have executed this Agreement.
CITY OF PORT TOWNSEND
CONSULTANT
By: ________________________________
John M. Mauro, City Manager
Mailing Address:
250 Madison Street, Ste 2
Port Townsend, WA 98368
Date: ___________________________
Approved as to form:
_________________________________
Heidi Greenwood, City Attorney
By: ________________________________
Name: ______________________________
Title: _______________________________
Mailing Address:
119 S Main Street, Ste 200
Seattle, WA 98104-2579
Date: ______________________________
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ATTACHMENT 1
SCOPE OF SERVICES
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