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063-19 - Ward C. Muller and Associates - ContractCITY OF PORT ORCHARD (ON CALL) PROFESSIONAL SERVICES AGRF,EVIENT THIS Agreement (`Agreement") is made effecti%e as of the 41h day of September 2019, by and between the City of Port Orchard. a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.995.9029 and Ward C. Muller and Associates, a Sole Proprietorship, organized under the laws of the State of Washington, doing business at: WARD C. MULLER AND ASSOCIATES 217 Sidney Avenue Port Orchard. WA 98366 Contact: Lyle Reed Muller Phone:360.876.3443 For on -call professional surveying services. Services by Consultant (hereinafter the "CONSULTANT") Email: lyle(ut:wcmassoc.com TERMS AND CONDITIONS The Consultant shall perform the on -call professional services generally described as follows: land surveying. Performance of such ser% ices will be on a Task Order basis. Description of N\ ork The City shall issue a written Task Order for each project assigned to the Consultant. The written Task Order shall include the following ink-wmation, which may be furnished in consultation with the Consultant: ( I ) Task Order Title (project name); (2) technical approach to the task (if necessary); (3) specific deliverables: (4) schedule with milestones and dcli%erablcs: (5) cost'hour estimate; (6) due date of work. All of these items may be brief, but will be sufficiently detailed for the Consultant to understand the ork being authorized and the amount it will cost. Written bask Orders and Notices to Proceed may be issued as e-mail documents. The City does not permit subconsultants for those items of work necessary for the completion of any Task Order on any project. The Consultant shall not subcontract with subconsultants for the performance of any work under this Agreement without prior written pet -mission of the City. City of Port Orchard and Ward C. Chiller wad Associates On Call Prolissional.Sen-ice Agreement Contract No.03-14 Res ,� 28 20I Q 1 I \6I\1 I. KIN -rin 1.11 '019-'_112111 onl-19 On{ ull 9unc Mu lkr Jura l of I I Duration of Work The Consultant shall not begin any work under this Agreement until an authorized Task Order has been agreed upon by the parties, and the City has issued a Notice to Proceed. This Agreement shall expire on December 31" 2020, unless extended by an amendment executed by the duly authorized representatives of the parties. Compensation Compensation under this Agreement will be on a "time and materials, not to exceed" basis. Compensation for services for all Task Orders shall not exceed $15,000.00 without written authorization and will be based on the list of hourly billing rates and reimbursable expenses set forth in Fxhibit A. attached hereto and incorporated herein by this reference. 5. Payment A. This Agreement does not guarantee any amount of work for the Consultant. Task Orders will be developed as determined by the City and as provided for in this Agreement. The City shall pay the Consultant an amount based on time and materials, not to exceed Fifteen Thousand Dollars ($15,000.00) for the services described in Section I herein. This is the maximum amount to be paid under this Agreement for the work described in this Agreement, and shall not be exceeded without the prior written authorization of the City in the fonr of a negotiated and executed supplemental agreement. PROVIDED, HOWEVER, the City reserves the right to direct the Consultant's compensated services under the time frame set forth in Section 3 herein before reaching the maximum amount. B. The Consultant shall be paid by the City for completed services rendered under each approved individual Task Order. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies equipment and incidentals necessary to complete the work. The Consultant shall submit an itemized invoice to the City for each separate Task Order after the services have been performed. C. The amount paid by the City for each invoice shall not exceed the amount in Section 4 abo\c and the hourly billing rates set forth in Exhibit A. The City shall pay the full amount of an invoice within sixty (60) days of receipt. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same %N ithin fifteen (1 5) days from the date of receipt and shall pay that portion ofthe invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. D. The Consultant will not undertake any work or otherwise financially obligate the City in excess of said not -to -exceed amount in Section 4 without a duly authorized amendment to this Agreement. In the event services are required beyond those specified in Section I and not included in the compensation listed in this Agreement, a written contract amendment shall be negotiated and approved by the City before any effort is expended on such sm ices. E. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. Cih ul Purr Orchard and Ward C. Widler and .Avsuriales On Call Prolessional Service Agreement C'01INY l O 003-19 kw S 28 2011) I I NUNI L RIM, 1163-14 0u-(.d1 - .me Huller Jur. 2ofII F. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer - employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. G. [f the services rendered do not meet the requirements of this Agreement or any Task Order issued pursuant thereto, the Consultant will correct or modify the work to comply with this Agreement or Task Order. The City may withhold payment for such A ork until the work meets the requirements of this Agrecment or Task Order. 6. Discrimination and Compliance with Lams A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Consultant is an independent contractor with the authority to control and direct the perfornance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply ti ith all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the terms of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility fur further work for the City. 7. Relationship of Parties The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service pro\ ided to the City hereunder, no agent, employee, representative or sub - consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub - consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this .Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance. and unemployment insurance, are available from the City to the employees, agents, representatives or sub -consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub - consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. Cite of Porl Orchard and Wald C. Millep and .4ssm iales On Call Pro/essional Service Agreement Contracl .,Vo.063-19 Rcs \ 28 ?U 1 U f ��cIiSP6R�.(Sw�ranc-(mlo.��0�9. ,_u.nc nM1t_i4 (A,-c alI sui,c M.,It" J." 3ofII 8. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. 1. With or ib'ithout C'auce. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. 2. DgMult. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained. or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. L NoticQ iofTermination or Suspe1.i0m. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's ad\ance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 9. Standard of Care The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the scr%ices under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement w ill be pci- ortmcd in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. C'ifi ul Purl Orchard and 111"ard C. Ahrller and Associates On Call PruJessiunal Service Agreerrrent Conrract .,Vo.t163-19 Res t2R ZU I') P I %(,I\ I.1. N I\(. Sumo. m'a-0r(Al T.III4-2020010-I9 O) -(a11 Ni."—mg \401"d.- 4 of I 1 10. Ownership of Work Product A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph S above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, reports or other material or work of the Consultant fur purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. B. All written infonnation submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such infonnation only to the extent required by law-, subpoena or other court order. if. NN ork Performed at the Consultant's Risk The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees. agents and sub -consultants in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 12. Indemnification The Consultant shall defend, indemnify and hold the City, its officers. officials, emplovees. agents and volunteers harmless from anv and all claims. injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in pc ormance of this Agreement, except for injuries or damages caused by the sole negligence of the City. 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, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall sun ivc the expiration or termination of this Agreement. 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 TfiIS INDEMNIFICATION. THE PARTIES FLIRTHER ACKNOW'LEDGE THAT TIiFY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Cip of Port Orriuvd and Kind C-, Chiller and Assuciures On Cull Projessiunal Semi( e Agreement Corrtruct Vo 063-19 Re %S 28 2011I I i. I \(.I \I.I NI\<i \nr�,�� ins - (ln C all ?n 14 'll_'fl1 11f+1-I� lln_( ,,II iw+i•. ins \littler ,A+i♦ 5ofII 13. Insurance The Consultant shall procure and maintain for the duration of this 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 hereunder by the Consultant, its agents, representatives, or employees. Before beginning work on the project described in this Agreement, the Consultant shall provide evidence, in the form of a Certificate of Insurance, of the following insurance coverage and limits (at a minimum): A. Minimum Scope of insurance Consultant shall obtain insurance of the types described below: I. Automobile Liabilitv insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liabilit insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations. independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the industrial Insurance laws of the State of Washington. 4. I'rille�i��n;il _Lihilih insurance appropriate to the Consultant's profession. B. Mininntm Amounts of insurance Consultant shall maintain the following insurance limits: I. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than S1,000.000 each occurrence, S2,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1.000.000, and Employer's Liability Disease — Policy Limit S1,000,000. 4. Professional Liabilitv insurance shall be written with limits no less than S1.000,000 per claim and S1,000.000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: Cif- 01 Port Orchard and Ward C. Vuller and Assuciato On Call Prulessionul Sen-ice Agreement C'ontrucl Nu.063-19 Re% \, 28 2011) 7rrt4-14ai("unl-140o-(.dltiara,meMullerd- 6ofll I. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City will not waive its right to subrogation against the Consultant_ The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self insurance, or insurance pool coverage maintained by the City. 4. if any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII E. Veritication of Coverage The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements. including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 14. Assigning or Subcontracting The Consultant shall not assign, transfer, subcontract or encumber any ri-ghts, duties, or interests accruing- from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 1>. Notice Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.870.4407 Fax: 360.895.9029 CONSULTANT Ward C. Muller & Associates 217 Sidney .Avenue Port Orchard. WA 98366 Phone: 360.876.3443 Email lyle(cewcmassoc.com Citr of Pod Orchard and Ward C Midlel and Associates on Call Prolessional Service Agreement Cojitract.Vo.063-19 Re% 82N2011) I�IV(il\I I RIM,Sun.,ng (lnl all 21114-^Wll(1163-14 On -(all itn­ing Wilt, Joci 7ofII 16. Resolution of Disputes and Governing La« A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. 17. General Provisions A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a x%aiver or relinquishment of said covenants, agreements, or options, and the same shall be in lull force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable- If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Enti.re-A,rcenicnt. The written provisions of this Agreement, together with any Exhibits and Appendices attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subiect matter hereunder is contained in this Agreement and the Exhibits and Appendices attached hereto, which may or may not ha%a been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits or Appendices to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. C'itI! of Port Orchard and Ward C. Urdler card Associates Or+ Cali Prole+sional Service Agreement Contract ,Na,063-19 R'n ,*.'x 2019 V I VOI\I I: RIM, Sm omg-(W. l all _>1114-21011. 1110.IV On-( all S,n, nc %1u Ile, Jo„ 9 of I I 18. -Title VI The City of Port Orchard, in accordance with Title VT of the Civil Rights Act of 1964, 78 Stat. 252. 42 U.S.C. 2000d to 2000d4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted progTants of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 1 Compliance with Regulations: The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. Nondiscrimination: The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex. age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations. either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials. or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color. national origin. sex. age. disability, income-le\el, or LEP. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA. as appropriate. and will set forth what efforts it has made to obtain the information 5. Sanctions for Noncompliance: In the event ofthe Consultant's noncompliance with the Non- discrimination pro%isions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropria(e, including, but not limited to: 1. withholding payments to the Consultant under the Agreement until the contractor complies: and/or 2. cancelling, terminating, or suspending the Agreement. in %~hole or in part. Cite ul Purt Orchard and Ward C. t4uller and Assuriates On Cull Profissiunal Service Agreement C'ontrael :No.063-19 Rk:X ti 28 2011) I � 1 N61,11 I KIM, S.—),n,_ - 0(a1121114-_'1)240 ( 1163 14 Ol -( all i,n. .. Mull h­ 9 of I I 6_ Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. IN WITNESS WHEREOF, the parties ha\'c executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, CONSULTANT WASHINGI'ON By: O`r�1S�r�i By Robert Putaansu ,;Mayor Name: LN(j F R, My L.Lt�Q Title: O)NN( IZ ATTF HEN By: randy Rinearsolt, MMC City Clerk APPROVED AS TO FORM: By: o�•c a ,.� �i� �' on Cates. City Attorney C lh' ul Purr Orchard and Ward C. Haled and Associates Oil Call Professional Seivice Agreement Cinir act No 063-19 ReN 8,28'2019 P I' (dM I.NI\(. Sunry mp - ll, ( all *1I4-211:0(riot-lu M4 all S...... nu \/into fur, 10ofII APPENDIX .A During the performance of this Agreement, the Consultant, tier itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects): • Federal -Aid High%vay Act of 1973, (23 U.S.C. S 324 et seq.). (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973. (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975. as amended, (42 U S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway impro%ement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1997, (PL 100-209), (Broadened the scope, coverage and applicability of Title Vi of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973. by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, v hether such programs or activities are Federally funded or not); • Titles it and Ill of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38: • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C_ § 47123) (prohibits discrimination on the basis of race, color, national origin. and sex); • Executive Order 12998, Federal Actions to Address Em ironmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies. and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations: • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency. and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title V1, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100). • Title iX of the Education Amendments of 1972. as amended. which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1651 et seq). Cite• of Po(1 Orchard and 14 W-d C badler and Associates Orr Or/1 ProOsional Service Agreement Contract .Ivo.063-19 Rc(ti -'s 2011) I- I%(.I%l I HIN(iSut%"inp-Or Lail WIP-2020(4161-14 Orr( JIl 4ulre.rnL 14uller acre iIofII Exhl b+ A 'WWard C. Muffer andAssociates - Licensed Land Surveyors 217 Sidney Avenue Port Orchard, WA 98366 Telephone (360)876-3443 Fax (360)377-5951 www.wcmassoc.corn EIN 90-0011360- -UBI 600 365 020 January 15, 2019 RATE SCHEDULE: UNIT PRICES FOR SERVICE Mon -Fri Regular Time (under 8 hour/day) Project Initiation Fee(each Project) $130.00 Research $120.00 per hour Office Work $115.68 per hour Fieldwork $190.68 per 2 man crew $258.68 per 3 man crew Administrative Services $71.68 per hour Fquipment Rental $21.68 per crew hour Global Positioning System Services (STATIC) Mission Planning $129.68 per hour Post Processing of aquired data $122.68 per hour Occupation (4 hour minimum) S156.68 per hour per receiver Global Positioning System Services (RTK) Mission Planning $129.68 per hour Post Processing of aquired data (if required) $122.68 per hour Occupation (One man Crew) 0 hour minimum) $190.68 per hour per receiver Robotics Total Station One-man Crew $195.68 per hour page 1 Ward C. Muffer and Associates - Licensed Land Surveyors RATE SCHEDULE: UNIT PRICES FOR SERVICE Autonomous Vehicles negotiated per job aerial/ground/water Post Processing of aquired data (specialty softwares) $144.68 per hour Professional Services $225.00 per hour Record of Survey map or sketches to specification required by $115.68 per hour R.C.W. 58.09 and WAC 332-130 Other CAD work as requested or required for project $115.68 per hour Corner History for maps as specified by WAC 332-130-030 (3) (a,b) $485.00 (If required for project) Professional supervision, review and approval of work Per Professional Services conducted for clients to specifications contained in project estimates. Document Recording Submission of documents requiring recording with the $92.00 Kitsap County Auditor. page 2