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HomeMy WebLinkAbout5.406 Original Contract 5.-<({)5 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND LINDBERG ARCHITECTS RELATING TO: Community Garden Park Project THIS AGREEMENT is made and entered into this 14 day of June, 199.6, 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 "ARCHITECT"). PROJECT By executing this agreement, CITY retains ARCHITECT to provide architectural services in connection with the Community Garden Park Project located on Lincoln Street in the City of Port Angeles, Washington; CITY is owner of said project. SCOPE OF WORK By this agreement, the scope of ARCHITECT services for this project is limited to: Schematic Design: Expand on ideas for a pavilion which will house the replica of the liberty bell (8 hours). Present sketches of the water feature and surrounding veterans memorial walkway (8 hours). Meet with committee to discuss options, budget and construction schedule (4 hours). 20 hours Design Development: Draft dimensioned plans of the existing site and demolition of any existing structures (16 hours). Prepare site grading and drainage to City standards (16 hours). Determine details of equipment to be used, irrigation layout and planting schedule (8 hours). Planting, irrigation and water feature design development (8 hours). 48 hours Construction Documents: Prepare final specifications (8 hours), site plans and details for park improvements, water feature, bell pavilion, irrigation system and planting plan to be used as a bid document (22 hours). 30 hours Bidding Phase: Assist the City in activities such as advertising the project for bid (2 hours), answer bidders questions during bid period (10 hours) and assist in the bid opening and evaluation of qualified bidders (2 hours). Reports and committee meeting (4 hours). 18 hours ARCHITECT also agrees that it will provide original copies of drawings and specifications for CITY to use in reproducing sets for bidding purposes in order to eliminate ARCHITECT'S staff time for running copies and minimizing reimbursable expenses associated with the project. 1 If necessary for performance of ARCHITECT'S work, the City Engineer will provide engineering assistance in connection with drainage so as not to incur additional consultant fees. The Scope of Work may be amended upon written approval of both parties. CONSULTANT warrants that all services performed under this Agreement shall be in accordance with the highest standards of the profession and in compliance with all applicable federal, state and local laws. 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 ARCHITECT. III DESIGNATION OF REPRESENTATIVES Each party shall designate its representatives in writing. The ARCHITECT'S representative shall be subject to the approval of the CITY. IV TIME OF PERFORMANCE The ARCHITECT may begin work upon execution of this Agreement by both parties. The work shall be completed by September 30. 1996 V PAYMENT The CITY shall pay the ARCHITECT 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 ARCHITECT'S statement of hourly billing rates as of October 1, 1995, a copy of which is attached hereto as Exhibit A. B. The ARCHITECT 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 ARCHITECT 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. All unpaid balances shall be charged a late payment charge of one percent (1%) per month. 2 D. Final payment for the balance due to the ARCHITECT will be made upon the completion of the work and acceptance by the CITY. E. Payment for "Extra Work" performed under Section X of this Agreement shall be as agreed to by the parties in writing. VI COMPENSATION Unless otherwise agreed to in writing by both parties, the ARCHITECT'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 $6,500.00. VII EMPLOYMENT Employees of the ARCHITECT, while engaged in the performance of any work or services under this Agreement, shall be considered employees of the ARCHITECT only and not of the CITY, and any claims that may arise under the Workman's Compensa- tion 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 ARCHITECT'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 ARCHITECT. VIII NONDISCRIMINATION The ARCHITECT shall comply with all applicable federal, state and CITY nondiscrimi- nation regulations and with the CITY'S Equal Opportunity/Affirmative Action clause, which is set forth in the attached Exhibit B. IX SUBCONTRACTS The ARCHITECT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. 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 TERMINATION OF AGREEMENT A. The CITY may terminate this Agreement at any time upon not less than ten (10) days written notice to the ARCHITECT. Written notice will be by certified mail sent to the ARCHITECT'S designated representative at the address provided by 3 the ARCHITECT. B. In the event this Agreement is terminated prior to the completion of the work, a final payment shall be made to the ARCHITECT, which, when added to any payments previously made, shall compensate the ARCHITECT 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 III above, shall be delivered to and received by the CITY prior to transmittal of final payment to the ARCHITECT. XII INDEMNIFICA TION/HOLD HARMLESS The ARCHITECT 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, but not limited to, attorney's fees and litigation costs, arising out of or in connection with the performance of this agreement, except for injuries and 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 ARCHITECT and the CITY, its officers, officials, employees, and volunteers, the ARCHITECT'S liability hereunder shall be only to the extent of the ARCHITECT'S negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the ARCHITECT'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. XIII INSURANCE The ARCHITECT 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 ARCHITECT, its agents, representatives, employees or subcontractors. The ARCHITECT shall provide a Certificate of Insurance evidencing: 1. Commercial General Liability 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. 4 XIV 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. XV SIGNATURES In WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first written above. .. TITLE: Principal APPROVED AS TO FORM: -I~jl1~ ~,~:J~ RAIG KNUTSON, CrN ATTORNEY ATTEST: vSB~~~' )~Y\ BECKY U ON, ITV C ERK - L1NDS A96 \.' :', , / / '" . '/ I 1 ' t /. . -';( <-., !- " ;,', ~ \" j).' , 5 .' LINDBERG /\RCH] TEeTS 319 SOUTH PEABODY STREET, SUITE B PORT ANGELES, W A 98362 (360) 452-6116 Exhibit A HOURLY BILLING RATES As of October 1, 1995 Principal Architect Associate Architect Associate Architect Associate Architect Associate Associate Clerical Clerical Clerical $85.00/hr. $75.00/hr. $60.00/hr. $55.00/hr. $50.00/hr. $45.00/hr. $37.50/hr. $30.00/hr. $25.00/hr.