HomeMy WebLinkAbout5.435 Original Contract
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF PORT ANGELES
AND
LINDBERG ARCHITECTS
RELATING TO:
Laurel Street Fountain Improvements and Old Library Front Removal, etc.
THIS AGREEMENT is made and entered into this ---1illL
_ day of May. 1997, by and between THE CITY OF
PORT ANGELES, a non-charter code city of the State of
Washington, (hereinafter called the "CITY") and
LINDBERG ARCHITECTS, (hereinafter called the
"CONSULTANT").
WHEREAS, the CITY desires to improve the fountain area
in Downtown Port Angeles, remove the front from the old
library and other misc. architectural work.
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 1 and A2,
and
WHEREAS, the CONSULTANT represents that it is in full
compliance with the staMes 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:
I 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 1 and A2, 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, based on the criteria set forth in
Exhibit A1 and A2, the CONSULTANT shall make such
changes as may be required by the CITY. Such changes
shall not constitute "Extra Work" as related in Section XI of
this Agreement.
The CONSULTANT agrees that all services performed
under this Agreement shall be in accordance wrth 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.
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.
11\ DESIGNATION OF REPRESENTATIVES
Each party shall designate its representatives in writing.
The CONSULTANTS representative shall be subject to the
approval of the CITY. The Consultant and his designated
representative may be contacted at 319 S. Peabody Street,
Port Angeles, Washington 98362.
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.
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.
City of Port Angeles - [ApnI1997]
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.
Payment due to the CONSULTANT will be made
upon the completion of the work and acceptance
by the CITY.
C.
Payment for "Extra Work" performed under
Section XI 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
CONSUL TANrS total compensation and reimbursement
under this Agreement, including labor, direct non-salary
reimbursable costs and outside services, shall not exceed
the maximum sum of $10,000.00. This agreement
anticipates some unknown additional work may be added
to the scope by written addendum. Each of these tasks
shall have a maximum sum not to exceed. All work
undertaken by authority of this agreement shall first receive
a written notice to proceed based upon a negotiated scope
of work and cost estimate.
VII 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.
VIII NONDISCRIMINATION
The CONSULTANT shall comply with all applicable
federal, state and CITY nondiscrimination regulations and
with the CITY'S Equal Opportunity/Affirmative Action
clause, which is set forth in the attached Exhibit E.
IX 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.
X 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.
XI 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.
XII 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.
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.
City of Port Angeles - [ApnI1997]
XIII 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.
XIV INSURANCE [this section is waived for the
purposes of this agreement]
The CONOUL TANT shall procure and maintain for the
duration of the Agreement, insurance against claims for
injuries to persons or damage to property which mal' arise
from or in connection with the performance of the work
hereunder by the CONOUL TANT, its agents,
representatives, employees or subcontractors.
The CONCUL TANT shall pro'vide a Certificate of Insurance
evidencing:
1. Automobile Liabilit, insl:lrance with limits no less than
$1,000,000 combined single limit per accident for bodily
injury and property damage; and,
2. Commercial General Liability insl:lrance 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 injl:lf)' and property
damage. Co~erage shall include bl:lt not be limited to:
blanket contJactual; I'roductsfcoml'leted operations; broad
form property damage; explosion, collapse and
underground (XCU) if applicable; and employer's liabilit).;
~
Any payment of dedl:letible or self insl:lred retention shall be
the sole responsibilit) of the CONOUL T ANT.
The CITY shall be named as an additional insl:lred on the
Commercial General Liability instlrance policy, as respects
work performed Of or on behalf of the Constllftlnt 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 cop)' of all
required instlrance policies in the CONOUL TANT's office.
The CONOUL TANTO insurance shall contain a clause
stating that cO'iel'8ge shall apply separately to each instlred
against ....hom claim is made or suit is brol:lght, except with
respects to the limits of the insl:lrer's liability.
The CONOUL TANTO insurance shall be primal')' insl:lrance
as respects the CITY, and the CITY shall be given thirty
(30) days prior written notice of any cancellation,
suspension or material change in cO'i'erage.
XV 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.
XVI 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, Schedule for the Work
Exhibit B - Consultant Labor Costs
Exhibit C - Non-salary Reimbursable Costs
Exhibit D Equal Opportunity/Affirmative
ActionlFacilities Nondiscrimination
City of Port Angeles - [April 1997]
In WITNESS THEREOF, the parties hereto have executed this Agree
above.
UN
as of the day and year first written
ITEeTS
B\LL L\~
TYPE NAME and ITLE
AS TO FORM:
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ATTEST:
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BECKY UP N, TY CL K
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City of Port Angeles - [ApnI1997]
EXHIBIT A
SCOPE OF WORK
A1-Fountain
SCOPE OF WORK: Lindberg Architects will provide drawings and details for new paving patterning,
planters, and landscape plan for the fountain area at First and Laurel Streets, leaving the water
feature as is.
The cost accepted for this task shall not exceed $1,000 for labor, plus $200 for reimbursables. [See
letter dated 4/18/97 for reference]
A2-01d Library
SCOPE OF WORK: Shall provide services to prepare bid documents for the demolition of the front of
the old library. Such work shall be completed so that advertising may occur by January 15, 1998.
The total cost maximum cost for this work shall not exceed $2,750, plus $200 for reimbursables. [See
letter dated 4/16/97 for reference.]
City of Port Angeles - [ApnI1997]
Lindberg Architects
EXHIBIT B
HOURLY BILLING RATES
Lindberg Architects
Principal Architect
Associate Architect
Clerical
$85.00/hr.
$65.00/hr.
$37.50/hr.
EXHIBIT C
Non-Salary Reimbursable Costs
Lindberg Architects
Reimbursables shall be based upon the following:
Mileage at $0.25 per mile
Ferry fares based upon Washington State Ferry Rates
Reproduction costs:
Printing (l8x24) $1. 7 5 per sheet
Printing (24x36) $2.50 per sheet
Long distance/fax at 1.1 times the direct cost
Photocopies:
8-1/2 x 11
legal
11x17
Postage at 1.1 times the direct cost
$0.15 per page
$0.30 per page
$0.45 per page
EXHIBIT D
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION/FACILITIES NONDISCRIMINATION
(The following clause is applicable unless, and to the extent that, this contract is exempt under the rules, regulations, and
relevant orders of the Secretary of labor, including 41 CFR, Ch. 60.)
During the performance of this contract, the Consultant/Contractor agrees as follows:
a
The ConsultanUContractor WIll not dlscnmlnate against any
employee or applicant for employment because of race, color,
religion, sex, Vietnam era veteran status, disabled veteran
condition, physical or mental handicap, or national ongln The
ConsultanUContractor WIll take affirmative action to ensure that
applicants are employed, and that employees are treated dunng
employment, without regard to their race, color, religion, sex, or
national origin The ConsultanUContractor WIll take affirmative
action to employ, advance In employment, and otherwtse treat
qualified special disabled or Vietnam era veterans and
handicapped IndiViduals without dlscnmlnatlon based upon their
disability or veterans' status or physical or mental handicap In all
employment actions. Such actions shall include, but not be
limited to, the follOWIng: employment, upgrading, demotIOn, or
transfer; recruitment or recruitment advertiSing, layoff or
termination; rates of payor other forms of compensation; and
selection for training, including apprenticeship The
ConsultanUContractor agrees to post In conspIcuous places,
available to employees and applicants for employment, notices to
be prOVided by the local United States Department of Labor Office
setting forth the prOVISions of thiS Equal Opportunlty/Affirmallve
Action clause.
e.
The ConsultanUContractor WIll furnish all Information and reports
required by Executive Order No 11246 of September 24, 1965,
and by the rules, regulallons, and orders of the Secretary of
Labor, or pursuant thereto, and WIll permit access to hiS books,
records, and accounts by the contracting agency and the
Secretary of labor for purposes of Investigations to ascertain
compliance WIth such rules, regulations and orders.
b
The ConsultanUContractor WIll, In all sollcltallons or
advertisements for employees placed by or on behalf of the
ConsultanUContractor, state that all qualified applicants WIll
receive conSideration for employment WIthout regard to race,
color, religion, sex, physical or mental handicap, or national ongln,
and that the ConsultanUContractor is under the legal obligation to
take affirmative action to employ, advance In employment, and
otherwtse treat qualified special disabled or Vietnam era veterans
and handicapped individuals WIthout dlscnmlnallon based upon
their disability or veterans' status or phYSical or mental handicap
in all employment actions All suitable employment openings
eXIsting at contract award or occumng dunng contract
performance will be listed at the state employment source office In
the locality where the opening occurs, prOVided that thiS listing
requirement shall not apply to openings that the
ConsultanUContractor intends to fill from WIthin Its own
organization or under a customary and traditional employer-Union
hlnng agreement.
The ConsultanUContractor WIll not, on grounds of race, color,
religion, sex, phYSical or mental handicap, or national ongln'
Deny an IndiVidual any serVIces or other benefits
prOVided under thiS agreement;
2. PrOVide any servlce(s) or other benefits to an indiVidual
which are different, or are prOVided in a different
manner from those prOVided to others under thiS
agreement;
3 Subject an IndIVIdual to segregation or separate
treatment In any manner related to the receipt of any
servlce(S) of other benefits prOVided under thiS
agreement,
4 Deny any IndiVidual an opportunity to partiCipate In any
program prOVided by thiS agreement through the
provIsion of services or otherwtse, or afford an
opportUnity to do which IS different from that afforded
others under thiS agreement. The
ConsultanUContractor, In determining (1) the types of
serviCes or other benefits to be prOVided or (2) the
class of Individuals to whom, or the situation In whiCh,
such serviceS or other benefits WIll be prOVided or (3)
the class of indIVIduals to be afforded an opportunrty to
partiCipate In any services or other benefits, WIll not
utilize cntena or methods of admlnlstrallon which have
the effect of subjecting individuals to discnmlnation
because of their race, color, sex, religion, national
ongln, creed, or the presence of any sensory, mental or
physical handicap.
g.
In the event of ConsultanUContractor noncompliance WIth the
nondiSCrimination requirements of thiS contract or WIth any of the
said rules, regulations, or orders, this contract may be canceled,
terminated or suspended, In whole or in part, and the
ConsultanUContractor may be declared Ineligible for further
government contracts In accordance Wllh procedures authonzed
In Executive Order No. 11246 of September 24, 1965, and such
other sanctions may be Imposed and remedies invoked as
prOVided In Executive Order No. 11246 of September 24, 1965, or
by rule, regulation, or order of the Secretary of Labor, or as
otherwtse prOVided by law.
c.
The ConsultanUContractor WIll send to each labor union or
representative of workers WIth which he has a collectIVE!
bargaining agreement or other contract or understanding, a
notice, to be prOVided by the agency Contracting Officer, adViSing
the said labor union or workers' representatIVe of the
ConsultanUContractor's commitments under thiS Equal
Opportunity/AffirmatIVe Action clause, and shall post COpies of the
notice in conspIcuous places available to employees and
applicants for employment
h.
The ConsultanUContractor WIll include the prOVisions of
paragraphs a through g In every subcontract unless exempted by
the rules, regulations, or orders of the Secretary of Labor
d.
The ConsultanUContractor WIll comply WIth all provIsions of
executive Order No. 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor,
including, but not limited to, the rules, regulations and orders
ISSUed by the Secretary of Labor under the Vietnam Era Veterans'
Readjustment ASSistance Act of 1972, and the Rehabilitation Act
of 1973 (29 USC 793), as amended.
City of Port Angeles - [ApnI1997]
LINDBERG
A R (: HIT E C T 5
319 SOUTH PEABODY STREET, SUITE B
PORT ANGELES, W A 98362 (360) 452-6116
April 18, 1997
Mr. Jeff Pomeranz
City Manger
City of Port Angeles
321 E. 5th Street
Port Angeles, W A 98362
Dear Mr. Pomeranz:
After reviewing the downtown fountain area with Bill Lindberg, we have the following proposal.
Lindberg Architects will provide drawings and details for new paving patterning, planters, and
landscape plan for this fountain area. This would leave the water feature itself as is.
Our fee for this work will be as follows:
Architectural drawings and details:
20 hours @ $65.00 =
$1,300.00
Landscape plan, and plant list:
8 hours @ $65.00 =
Total Architectural feel
$ 520.00
$1,820.00
Printing would be charged separately as a reimbursable.
Please call if you have any questions or concerns. We are prepared to begin immediately and are
looking forward to working with you on this project.
Sincerely,
LINDBERG ARCIDTECTS
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Charles D. Smith, Architect
LINDBERG
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3 i 9 SOU: ~ ?EABODY STF~~T, SUITE :3
PORT ANG~L~S, W A 98362 : ~ :IJI 452-6 i 16
April 16, 1997
Jeff Pomeranz, City Manager
City of Port Angeles
321 East Fifth Street
Pon Angeies, W A. 98362
Dear Mr. Pomeranz,
Lindberg Architects is pleased to provide you with the following proposal for design and contract
administration services for the initial phases of restoration of the Carnegie Library. As we see it, the
scope of the entire project could basically fall into three phases.
1. Demolition of the 1962 addition, to include making the basic building weathertight and
some site restoration ofthe original relation of the building to Lincoln Street. At the
completion of this phase the building is not suitable for occupation.
2. Preparing the building for occupation by restoring the basic required functions.
This phase would include functional items such as the restoration of the
masonry facade, reconstruction of the original entry and stairway, and removal of
downstairs partitions to achieve the original meeting room configuration. Addressed
in this phase would be life safety issues such as fire sprinklers, exiting, seismic
retrofitting, and second story egress. Also, code required energy considerations, such as
windows and doors, insulation, and modem HV AC would be addressed. Lastly,
accessibility issues (ADA), such as an elevator, accessible restrooms and an alternate
building entrance would be included.
3. Full restoration of the original architectural features of the building to include bronze and
tin work, original lighting, restoration of fireplaces, re-roofing with the original shingle
pattern, restoration of original wood floors upstairs, and installation of replication
hardware. It is intended that Phase 3 work could be accomplished during building
occupation.
We present the following proposal based on the same format. As you can see, the lions share of our work
would be in Phase 2. It is our understanding that the following A&E proposal has been requested for
strictly Phase 1 work and that the work would go out to bid. We propose that the form of agreement
would be a fIXed fee proposal.
.
I. Preparation of Bid Documents
A. Initial Client Meeting (N/C)
B. Subsequent coordination meetings
C. Preparation of Bid Documents
1. Site Grading Plan for new plaza as required for bidding
2. Performance Specification for Selective Demolition
3. Drawings required for demolition
a. Demolition Plan including site
b. Current building connections
4. Bid Specifications for demolition phase and sitework
II. Bidding Phase
A. Coordination
1. Coordination wi Consultants
2. Phone Time I Inquires by bidders
3. Dispersal of Documents
B. Preparation and Dispersal of Addenda
C. Bid Opening
III. Construction Contract Administration
A. Preparation of Contracts
B. Pre-construction Meetings
C. Coordination wi Consultants
D. Coordination wi Contractor in Obtaining Demolition Permit
E. Site Visits during Demolition
F. Processing & Verifying Payment Requests
G. Processing Change Orders
H. Phase 1 Close-out & Punch Lists
Structural, Civil, or Electrical engineering services, if required, would be provided by the Owner,
however, coordination of these tasks by Lindberg Architects would be included within the fee given. We
are fortunate to be local so as to eliminate travel costs. Also, reimbursable expenses such as postage, long
distance phone & FAX charges, and printing & copying costs would be in addition to the proposed fees.
The fixed fee proposal for the above tasks is based on the attached rate structure.
Phase 1 Proposal: LINDBERG ARCHITECTS will provide the above listed services on a Fixed Fee
basis/or a sum 0/$2750.00.
Thank you.
William A. Lin berg, Architect
W AL /10