HomeMy WebLinkAbout5.718 Original Contract
DATE:
To:
FROM:
SUBJECT:
5.7/H-,J..
ANGEliS
WASHINGTON, U.S.A.
CITY COUNCIL MEMO
April 5,2005
CITY COUNCIL
Glenn A. Cutler, Director of Public Works and Utilities
WORTHY AND ASSOCIATES CONSULTANT AGREEMENT, PROJECT 05-14
Summary: Worthy and Associates has been selected to provide professional services related to
the design of drainage improvements at Shane Park to correct high ground water and flooding
problems which limits the use ofthe mulit-use athletic fields. The design effort is a funded 2005
Government Fund Project (PK07-02).
Recommendation: Authorize the Mayor to sign an Agreement for Professional Services
with Worthy and Associates, LLC., for an amount not to exceed $24,500.
Background/Analysis: Shane Park has a problem with high groundwater and flooding that
limits the use of the turf athletic fields in wet weather. In 2004 Worthy and Associates was hired
to complete a conceptual report on the problem. The City Council's Parks and Facilities
subcomittee has reviewed the estimated project costs and the conceptual plans for the
improvements. This professional services agreement is to complete the design and bid package to
correct the drainage problem. Worthy and Associates of Seattle, due to their knowledge
regarding the project, was selected to complete the design and bid package.
Staff has reviewed the scope and fee for the professional services agreement and recommends
approval of the agreement in the amount not to exceed $24,500. The approved 2005
Government Fund budget for this phase is $40,000.
Attachment: Improvements Area Dwg.
N \CCOUNCIL\DEPDIR\Worthy & Assoc Consultant Agreement, Project 05-14 doc
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5.7/ g
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF PORT ANGELES
AND
WORTHY AND ASSOCIA TES, LLC
PROJECT 05-14
RELATING TO: SHANE PARK PLA YFIELD IMPROVEMENTS
THIS AGREEMENT is made and entered into this 5~day of April, 2005, by and between
THE CITY OF PORT ANGELES, a non-charter code city of the State of Washington,
(hereinafter called the "CITY") and Worthy and Associates, LLC, a Washington Corporation
(hereinafter called the "CONSULTANT").
WHEREAS, the CITY desires to develop turf athletic field drainage improvements at Shane
Park, the Consultant agrees to prepare construction bid documents including: plans,
specifications, details and estimates for the project.
WHEREAS, the CITY desires to engage the professional services and assistance of a qualified
consulting firm to perform the scope of work as detailed in Exhibit A, 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 consideration 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 XII 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 written approval of both parties.
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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 CONSULTANT may begin work upon execution of this Agreement by both parties. The
work shall be completed in accordance with the schedule set forth in the attached Exhibit D.
V PAYMENT
The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. 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, overhead and
profit plus CONSULTANT'S direct non-salary reimbursable costs as set forth in the
attached Exhibits Band C, respectively.
1. Labor costs shall be based on the hourly rates shown in Exhibit B. Hourly rates shall be
based upon an individual's hourly wage, times the total number of hours worked, times
a multiplier of 1.9646. The multiplier shall include overhead and profit.
General clerical time shall be considered an overhead item, except where specific
work items are involved that require one hour or more continued effort, in which case
time will be charged on the basis of hours worked.
2. The direct non-salary reimbursable costs are those directly incurred in fulfilling the terms
of this Agreement, including, but not limited to, travel, subsistence, telephone, CADD
computer, reproduction and printing, supplies and fees of outside services and
consultants. Ten percent (10%) overhead and profit may be added to direct non-salary
reimbursable costs.
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 previously paid.
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D. The CONSULTANT 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 payment for the balance due to the CONSULTANT will be made upon the
completion of the work and acceptance by the CITY.
F. Payment for "Extra Work" performed under Section XII of this Agreement shall be as
agreed to by the parties in writing.
VI MAXIMUM COMPENSATION
Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation
and reimbursement under this Agreement, including labor, direct non-salary reimbursable
costs and outside services, shall not exceed the maximum sum of $ 24,500.00.
VII INDEPENDENT CONTRACTOR STATUS
The relation created by this Contract is that of employer-independent contractor. The
Contractor is not an employee of the City and is not entitled to the benefits provided by the City
to its employees. The Contractor, as an independent contractor, has the authority to control
and direct the performance of the details of the services to be provided. The Contractor shall
assume full responsibility for payment of all Federal, State, and local taxes or contributions
imposed or required, including, but not limited to, unemployment insurance, Social Security,
and income tax.
VIII 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.
IX NONDISCRIMINATION
The CONSULTANT shall conduct its business in a manner, which assures fair, equal and
non-discriminatory treatment of all persons, without respect to race, creed or national origin, or
other legally protected classification and, in particular:
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,
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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
era veteran status, disabled veteran condition, physical or mental handicap, or national
origin.
X 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
nondiscrimination requirements.
XI 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.
XII 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 supplement 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.
XIII 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
consultant's 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.
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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.
XIV INDEMNIFICATION/HOLD HARMLESS
The CONSULTANT agrees to indemnify the CITY from any claims, damages, losses, and
costs, including, but not limited to, attorney'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 agrees to indemnify the CONSULTANT from any claims, damages, losses, and
costs, including, but not limited to, attorney'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 CONSULTANT and 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, its officers, officials, employees, and volunteers, the
CONSULTANT'S liability 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. However, the CONSULTANT expressly reserves its rights as a
third person set forth in RCW 51.24.035.
XV 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 hereunder by the CONSULTANT, its agents,
representatives, employees or subcontractors.
The CONSULTANT shall provide a Certificate of Insurance evidencing:
1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per
accident for bodily injury and property damage; and,
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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,
3. Professional Liabilitv insurance with limits no less than $1,000,000 limit per occurrence.
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 reserves the right to review a certified copy of all required insurance
policies in the CONSULTANT's office.
The CONSULTANT'S 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 CONSULTANT'S insurance shall be primary insurance as respects the CITY, and the
CITY shall be given thirty (30) days prior written notice of any cancellation, suspension or
material change in coverage.
XVI 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.
XVII 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 - Consultant Labor Costs
Exhibit C - Rate Schedule
Exhibit 0 - Work Schedule
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first written above.
CITY OF PORT ANGELES
Ro.vG~
MAYOR
BILL BLOOR, CITY ATTORNEY
CONSULTANT
ATTEST:
~~
Steve, Worthy, ASLA
Manager, Worthy and Associates, LLC
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Exhibit A
Scope of Work
The Shane Park Athletic Field Improvement project is intended to improve wet season
drainage and playability conditions of an existing multi-use turf athletic field. The field is used
seasonally for adult softball and soccer. The maximum allowable construction budget is
$240,000, not including taxes and fees.
Phase 1: Design Phase.
Task 1. The Consultant will collect, utilize City furnished information and analyze data relevant
to the development of the design program. This task will include the following elements:
Initial site-visit with City Public Works and Engineering Staff.
Review and analysis of background information regarding the park site including but not limited
to City furnished survey information, available utilities, available GIS data and aerial
photography, historical data on past and present uses and conditions.
Completion of a graphic and brief written site analysis for City concurrence.
Research on options for improving drainage at the site.
Phase 2: Construction Documents
Task 2a. Development of Construction Documents at 50 percent completion. 50 percent
completion will include 1 "=30' scale drainage plans, details, specifications and an estimated
project cost: Deliver 4 sets of P.S and E to City and incorporate comments into 100%
Construction Documents.
Task 2b. Development of Construction Documents at 100 percent completion. 100 percent
completion will include 1 "=30' scale drainage plans, details, specifications and an estimated
project cost: Deliver 4 sets of Construction Documents to City and incorporate comments into
Final Bid Set original hardcopy and electronic P. Sand E. for City to print and distribute bid
documents.
Phase 3: Bidding, Construction and Warranty Support
Task 3a. Assist City Staff with any questions that arise at a pre-bid conference organized by
the City.
Task 3a. Prepare any and all addendums to bid packets. City will distribute addendums.
Task 3b. Assist City staff with evaluation of bids.
Task 3c. Attend 2 field observation meetings and prepare written reports detailing minutes of
each field observation meeting.
Task 3d. Respond to Requests for Information.
Task 3e. Review and process Change Order Requests.
Task 3f. Prepare Punch-list, review Contractor as-built plans and incorporate Contractor
records into AutoCAD record drawing set.
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Exhibit B
Consultant Labor Costs
Direct Salary Costs Hours Hourly Cost
S. Worthy, PnncIpal LA 72 $ 39.00 $ 2,808.00
M. Lawson, Manager 16 $ 34.50 $ 552.00
E. Gold, Semor LA 46 $ 32.50 $ 1,495.00
J. Anderson, LA 120 $ 24.00 $ 2,880.00
E. Worthy, CEP 16 $ 15.50 $ 248.00
Total Direct Salary Costs $ 7,983.00
Overhead (OH) DIrect Rate
Overhead Costs $ 7,983.00 1.6646 $ 13,288.50
Future
Fixed Fee (FF) Total FF Complete
Fixed Fee: $ 2,394.90 $ 2,394.90
Less Previously BIlled $-
Total Fixed Fee $ 2,394.90
Labor, OH, & FF Total $ 23,666.40
Expenses Quantity Rate Expense
AutolMIleage 680 0.38 $ 255.00
Ferry RT 4 36.00 $ 144.00
Delivery 140 xLI $ 154.00
Reproduction 280 xLI $ 308.00
Suppltes xLI $-
Expense Total
$ 717.00
TOTAL
NOT TO EXCEED CONTRACT AMOUNT
$24,383.40
$24,500.00
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Exhibit C
Rate Schedule
2005 STANDARD RATE SCHEDULE
Professional Services
Direct Salary Cost
Principal - Steve Worthy, ASLA
Manager - M. J. Lawson
Landscape Architect - Eric Gold, ASLA
Landscape Architect - Jason Anderson
Planner - Madora Worthy
$39.00 per hour
$34.50 per hour
$32.50 per hour
$24.00 per hour
$15.50 per hour
Overhead Cost (1) =
Fixed Fee =
1.6646 X DSC
0.30 X DSC
Expenses
Photocopies
per copy
Mileage
per mile
CAD Plots
per plot
Delivery and other authorized expenses at actual cost.
(1) Overhead Labor Rate from WSDOT August 13,2003
Raymond R. Robinson, External Audit Manager
Compliant with F ARS, GAO Yellow Book and WSDOT Policy
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$0.10
$0.38
$12.00
4
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Assume Contract Signing by April 15:
Task 1
Preliminary Design
Task 2a
Construction Documents
Task 2b
Construction Documents
Tasks 3a, 3b Bidding Support
Tasks 3c-3f Construction Support
Exhibit D
Work Schedule
2 weeks
1 week
3 weeks
1 week
2 weeks
4 weeks
4 weeks
3 weeks
8 weeks
N:\PROJECTS\Shane Park Drainage\Consultant Agreement.doc
PW 410_01 [Revised 06/01/04]
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Written analysis due 4/29/05
City Review
50% Documents & Est. due 5/27/05
City Review
100% Documents & Estimate due 6/17/05
City Review & Bidding Preparation.
Adv. Julyl7, Open 8/2, and Award 8/12/05
Pre Con, contact ins., & notice to proceed
Start Const. 9/6/05, Comp.Const. 10/17/05
As-builts/c1ose out due 10/31/05