HomeMy WebLinkAbout5.386 Original Contract
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
CITY OF PORT ANGELES
and
ROBERT NIXON ASSOCIATES, INC.
RELATING TO: Design and construction services for the Port Angeles Library
THIS AGREEMENT is made and entered into this 5th day of September ,1995, by and between the
CITY OF PORT ANGELES, a non-charter code city of the State of Washington (hereinafter called the "CITY"), and
Robert Nixon Associates,lnc., a Corporation (hereinafter called the "CONSULTANT").
WHEREAS, the CITY desires to design and construct a library on property owned by the North Olympic Library System
(NOLS); and
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 highest 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 ofthe 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, based on the Criteria set forth in
Exhibit A, 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 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.
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 represen'tation 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.
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III DESIGNATION OF REPRESENTATIVES
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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 or extra work 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. Payment for contracted work shall be on a percentage complete basis.
1. Labor costs shall be based on the hourly rates established by each firm.
2. The direct non-salary reimbursable costs are those directly incurred in fulfilling the terms of this
Agreement, including, travel, ferry fares, subsistence, reproduction and postage for construction
documents. Fifteen percent (15%) overhead and profit may be added to direct non-salary reimbursable
costs. These costs shall be limited to a maximum of $8,000 for the duration of this contract.
B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall detail the work that has
been performed to date; shall itemize with receipts and invoices the direct non-salary reimbursable costs; shall
indicate the percentage of work completed relative to the specific task or activity in the Scope of Work; and shall
indicate the cumulative total for each task and percentage of work accomplished to date.
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.
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 XI of this Agreement shall be as agreed to by the parties in
writing.
G. Construction Change Orders that occur as a result of errors and/or omissions by the CONSULTANT shall be
designed and administered by the CONSULTANT at no additional cost to the CITY and the responsibility for
payment of the additional construction cost shall be determined by the CITY based upon additional value
received by the CITY as a result of the change order.
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 $289,993.
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
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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. CITY reserves the right to review and approve agreements between the CONSULTANT
and subconsultants.
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 CONSULTANTS 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.
XIII INDEMNIFICATION/HOLD HARMLESS
The CONSULTANT agrees to indemnify the CITY from any claims, damages, losses, and costs, including, but not limited
to, attomey'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
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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, attomey'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 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
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 Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily
injury and property damage; and,
2. 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. 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 Liability 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.
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.
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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
Exhibit B - Consultant Labor Cost Table
Exhibit C - Non-salary Reimbursable Costs
Exhibit D - Schedule for the Work
Exhibit E - Equal Opportunity/Affirmative ActionlFacilities Nondiscrimination
In WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first written above.
CITY OF PORT ANGELES
~A'~ClAcrj-
MA~
APPROVED AS TO FORM:
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ATTEST:
SR~~WRX~W, CITY C
CAROL A HAr,AR
F.leC \WP\WP60I)ATAIlIB~ARYiAE}(G
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EXHIBIT A
SCOPE OF WORK
PROJECT DESCRIPTION:
A community library of approximately 25,000 square feet at a site owned by the North Olympic
Library System west of their administrative offices at 2210 S. Peabody Street in Port Angeles.
WORK:
The work to be accomplished under this project includes programming, schematic designs,
construction drawings, estimates, construction specifications and construction inspection and
project management.
The Scope of Architect's Basic Services shall be that as stated in Article 2, as modified in
sections 2.1.1, 2.2.2, 2.6.5, 2.6.13 and 2.6.19, of the the standard AlA contract which is made a
part of this Exhibit A and is attached herein.
ASSUMPTIONS:
1. No remodeling of the existing service building is involved. The only work relative to this
building is to make the two buildings functional since they will be adjacent to each other on the
site.
2. Work involving any applications for street vacations or conditional use permits will be
addressed by City staff. The architect will be expected to provide sketches to be used as
exhibits, but these sketches are not anticipated to be beyond the course of normal business
relative to the architect and this project.
3. Parking will be provided adjacent to the site using adjacent church property, street right of
way and or a small part of the site.
4. The architect will include telecommunictations and electronic wiring design and installation
as a part of its basic services. The construction contract will include the installation of all wiring
in conduits so the building is ready to use upon completion without any additional contract
work.
5. The City reserves the right to hire additional professional assistance to review and evaluate
the architect's design, including but not limited to lighting, chemical sensitivity, technology
innovations and value engineering. The architect shall allow time in its schedule for these
reviews and shall incorporate changes to the design as a result of the reviews.
1ttR1Rrr tArA _ SCOPE OF WORK
ARTICLE ,
ARCHITECT'S RESPONstBUTIES
1.1 ARctITECT'S seRVICES
1.1.1 TIle AIt:hlrect"1 ~ COO5lS( of lOOse servi<:c$ per-
formed by dIe AtdlilCct. ~" cmployc:cs and A.rchin:a's
~ - eRlRetlWC'l i(~-t1lf~l!ie J Mil' J ~fdl4 '\I>.~~
Mil anT ~ JC&,,;"'~ ~4 k. .\1tiJ.. 1:.
1.1.2 The Arc.1Utect's scmccs sh2JI be pel'foilned ~ apedi-
tiously as Is C:OOS1Slent wiIb prolessional.wI1 and C21e 20d me
orderly prosta$ of me '<<'ode.. Upon cequcsc oC the Owner. tbe
AtChitcd llhaIl submit foc !be Owoa's approval a schc:dulc tor
the per!onn2IlO: 01 d1e Atdlilo:t's scrvicCi whlt;h may be
2djU.,ra1 2S me Ptoject proceeds, :and stWI ~ aUowmc;es
foe ~ of time requin:d foe me ~'. ~ aod lor
2pproval of Sbbtnis$ions by aud10Iitia lmins ~ ovet
the projcc:t. TIme Jl1nlts c:st:mIisbed by mis sc:hcduIc :zppron:d
by the Owner sh:dI net. elll'q)( fbr 1CI.'iOIabIe 0!1'I1e, be ~
by the Ardlitca or Owner.
..It.; 'Fl... ..<<,~ ~~l..lld b~ tt.b .~(~l.b' ~b;-'t tj)
"d\~>t:me Emitabo", eor.am.:d...:n &.J>t"-_~ 11.5.t.
ARTICLE 2
SCOPE OF AACHITECrS BASIC SERVICES
2.1 DffINITTON
2.1.1 The AtChkca's Basic Setvic:cs-c:on:sbt of those ~
in ~ 2.1lhft)u&h 2.6 a....1 ~1 ..,a.,.. __.1\= ~
18./...11. l:1lG "... L ...{ Ib.a.... s.....- ,1-.., and Jncludc norm:lllJUC>
tma1. Jl1<lCI'J:mk:2I md dcctdc2I cngineet'Jftg setViO::S.
u SCHEMATIC DESIGN PHASE
2.2. 1 The An:h.IICCt atwI review !be progmu fwnished by ~
OWner In ~ Ihc n:quiremencs of me Proicct and smn
attiYc at II mutual ~ of.sucb requIrcmenu ~ d\e
Owner.
2.2.2 The Ard1Ite(:1 ShaJI provide a preIimJo2ty et'aIumoc 01
Ihe Owner's PfOSCIID. Id1eduIe and t"OCDUIJCtioo ~
~uin:mcnts, cxb In Ietms of the Other, -ieet I~ Ii... liwit..
tief1ll Set 16M lA SUp8l'll8f'8!!R ;.2.1. .-
2.2.3 The Architea man ~1cw wfm Itae Owner 2Ilcm2Ji.e
~ to dcsf8I12Od ~ of the PIQject.
2.2.4 Bued on Ihc: 1DUtU3ll~. ;grccd-upoo prosam. IdJcduIe
and ConstCUCdOo budget rcquircmcna, tbc: Archilca sb:a1l
prcpzre,loc approY3l by the OWner. Sdaan20c Dcsfgn Doc:u.
mcns consisdng ot dawtngs md qtha doeurnents ilIuscndng
the sc:dc 2nd rd2donshlp oC Pm;ea c:ocnpona"d:i.
2.2.5 1hc Al\:hirccc ahaIl suhcnk to the Owner a ~
c:swnatc of ComauciJon Cosc ba5c:d on currenl :an::a, volume or
omer unit oosrs.
U DESIGN DEVaOPMENT PHASE
2.3.1 JWcd on the: approved ~ Dcsisn f.locumcJa
:and any adjustmc:nts :wd1omcd by the Owner In d\e pcogrmn,
.~ecIule Of' c:onsttuction budget. &he: Arc:hifc:ct .sh3Il pc'q)atC,
for appaw.d by &he Owner. Or:sign Developmem 00cuaIaJu
COI'Uislin8 of dcaw~ and odIcr documents 1O fix and describe
the siD: :and ~e.r of the Project as ro m:hllc::c:tUr.ll. suuc-
tur.d. mcchank:aJ 3ft(! el<<trlc11 systems. autenal$ :ll'l(l such
~ elrnle1\C5 as III2Y Ix 2ppCCprbR.
2.3.2 The Archm:c:t stWl 3dvJ;se Ihc o.ncr 01 :my :adJustmc:ms
10 ~ ptdmirwy CSJm:m: of Consuualoo Cost.
2,4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the: approved DesIgn Oevdopmc:at Oocu.
D'la\ls and any f\Inbcr :adjusuncncs in d1e 5COpC! at qwa/ily of
me ProJca or m Ihe c:oostruc:tion budget authl>lUlcd by the
Owner, the Arc:bilc:a shaU ptep;ac, &Or approval by the:: Owner,
COnswaion Docurnem$ consisdn8 of Dawinp and Spedflca-
UoI1i KIUng forth In dclail the requirements rOf me c:onstnJC.
lIOn ot d1c Projt!a.
2.4.2 The Architect shaD assist the Owner in lhc prc:puaOOn of
Ibc ~ biUdiog mtomca1iuo. bkIdIng tonns, Ihe Cond1-
doas of the Cootact. aod. the form ol Ag.o;guutt between me
Ovmc!r 2nd C/::JI1rr.aaor.
2.4-' The An::blfea shall advise the Owner of any adJ1,&sancnrs
to preY10uS pn:Iiminary estimar.eJ of Consuuaiuo COst lndI-
CIh:d bych3n8cs In n:qu(n:mc:rns orgr:uer.z.l D12dcec ~
2.4.4 1bc An:b.itcct sb2ll 2S3bt ~ Owner m c:ooncaJoa with
the Ownet'. ~fy for tiling dowmctIrs rcquin:d roc
~ IPPIOY3I of 8Q\'c:mo~ aucbudtIci having ~
over the Projca.
2.5 BIDDfNQ OR tEGOTIA T10N PHASE
2.5.1 l'hc: AR:bitea. folJowlng Ehe Owncr's :zppronl of the
Coo:suucIlon Oocuments :u'ld of the blat pteftminary c:stim:Iu:
DC Coosuuaion Cost. sbAfI ~ the Owocr in obtaUng bids
or nqod2fed ~ and assist In ZW2I'dlng and pI'qXIIiDg
conQXtS Iior COO5tnJCtioo.
2.6 CONs1RUCTION PHASE-ADMlNISTRATION
OF THE CONSTRUCTION CONTRAcT
2.6.1 The Atc:hit<<t':s lCIpomlbllity ID pcoYidc Emic Sc:n1a:s
far the Con'luuction Ph:z.'tl: l,IllUcr chis Agn:ancm mJDmence:l
with tbc: n.":Ird of lhe Conmac[ tor Con$r1'\lction and trrm\.
f\2~ :at the orlier of the issu:Anec 10 the Owner of me fi~
CenificlIe Cor P:lVmcnt or 60 d:n-s aIret the cbItc of Subsan.
ti21 Compktlon of th~ Work. .
2.6.2 Tl1c Aa:h1a:a sh2Il provide dnInistr2tfon of the con-
b':ICI tot Coosuuc:tioo 25 SC[ fon:h below Ind in the adition of
AlA Ducumco[ A201. GencnI Concfdions of me Cocntllla for
COl1Sa1.lCdoll. cum:nt as of die date 0( dl1S Agrccmc;nt, uoIcs5
orhenrtise providcr1 In this ~.
2.&.3 Dutic:s, ~bilitic:s and Iirnbdons of ;authority ofthc
Ard1ftect Shall not be n:suic:lcd, modi6c:d or extended wiIbou1l
Written ~[ofrhc: Owner and Arc:hir.ect wkh consent of
the COOlr.aaor. wblch C()n.4len~ shall not be W1Ie2SOnabbr
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a.S.4 The ArdtIr.c:a sb:l1I be a rcpracJ\t:Wvc O(:and.shal1 advise
and comuJt wid! the Owner (f) during CQDStlUCtion unllI ~
JJ2.ymalt to the Conmcwr Is due. :md (!) 2S :an AddIt1on:al Ser.
VICe :u me Qwna's dirccUon (n)m lilne to rime during lhe (0(-
n::c:tion pcIiOd described in cJu: CollU:K:l for Coostruction. The
Archkea stuD 112ft 3Ulhoriq.' to IICt on bcl1af( of the Owner
only ro d1c a=lf ~ In rhis .~rWllas orhetwisc
l\\O(fi('lCd Dy ~ lOSltURJc:nt.
2.8.5 The AtchilrCl shall Yl:Sit the sUe at in~crv:ab OIpp~
to the susc of ConstnJCt1on or 2S othcrwi8e :1gI'CI:d by the
OWDel' and An:ttilea In wrlllng ro ba:omc gax:r.zDy funiIbr
with the progrt:5Ii and qu:IliIy Of me WOtk c:om~ed =nd to
derO'l1l1tle in gcnet2f II me Work is bang performed in a JJWl.
DCI iodiadDg m:1I tIu: Wolle when complelcd will be In acxxx-
I.bm:c wbb lhe ~"\ ~X;Urnc:nt5. HDw=. me An:hJmcr
shaJ.I nOt be: rc:QUJred to make c..~l.1$Iive ~ continuous OIl-sire
~ to chcdl: the qu:di~' oc qu2Dlity of the Wode. On
me IxI5ls of on-sitc ~ ~ an ardUtca, rlle AtChitea
,""all keep the: Ow~ inlonncd of me prograI aDd qualky or
the Wolk, and shall cndc;1vor 10 guam the Owner against
ddcc:a and dcfk:k:nck:s In me Wor1c. P.IBN _H'U J'I!
.~9NJ.li""-- 'A'A,,1i8 "'-""'" 'f ..." .lJ1.*li8/Mt Se"Jj<<, 4lf
~ I"f}M iff ft.. .~j -4-/1 j.B.) .
2.6.6 The ArChitect shaD DOl hll"C cootrOl over or c:harge Of
and $~ OOC be tesponsibk: tor wcatrUCUon D1etnS. mc:tbods.
tcdmlqucs. sc:quc:nccs or procedures, Or Ibr S2kry prec;audons
and ptOgt3mS in CIOnDcClion with die WOfk, Iinc.e tbcsc: an::
solely the CoatcctOt's respoasibillty under the Contt'aCt Jbr
Coc\sttuaion. The Ai::t:JWtt W1I not be l'CSI)OQ5ible for the
Canu2ctoc'sscbedulles ot ~ ID cmv out the Worle In a<xx>c-
dana: widl me Conuxt Doc:umcms. The AlChftc:a WD not
b2ve control aver ex cbaIsc ol2C13 or omI.sslons of !he Cootac.
tot, SubamtnctOa, or the.It llge1'X$ or empio)'CCS, ~ of any
other per$OCIS ~ ponioos of the WOtk.,
2.6.7 1'be Armfre::t IlWI JC aJllimcS h:ive ~ to lhc WOIt
whcrevc:r it is in ptqm:IOOn or progres.s..
2.6.8 Exr.cpt as may ~ be pmvided In the ContIaCt
DocumentS Of Wbet\ din:c:t communiarioas b2Yc bem spe-
c:i2.I1y authotized, me Owner and CootQCrOr shall COI'OlIIUnic2te
through me ArchilcCt, Communlaliom by and wilh the Atchi-
ta:t's Con.Cl11t2nrs shaD be through the Atcbitea.
2.1..9 1bscd on the An:hilca"s obserwdons md cvalumons or
the Cotxr:lCl()(s t\ppIiCItions tor Payment. the ArChItcc:t sh2fI.
review md a:t1ify the 2tl\<lurltS due the Contnaor.
2.6.10 The: ~CX1'5 c:mific:mon to(' payment sh:III ronso.
tub: :l rcprrscnl:2tion to the Owner, based au the An:hirea's
obse~ 2r the SiCe as provided u, ~b 2.6.; md
on the mill annpri5Ing me Contractor's J.ppIic:ation (Qc ~y.
McDt. rba1. m me best of the -o\tchiccet~ kno~ infcnm.
don and belic:f. the '\1Rxk has progrased Ie me point IndiCl1cd
lIOd the quatiry of \1Ibrk is in acmrdancc wIIh dx: Contt2Cl:
Docmncots. 1bc: CoqoiDs repn:scotadons :Ire subfect to lItI
~UllUon of tbe Wotlc lor oonfocmanc:e with the ContQct
Ooanena upon S~l11 CompIcdoo., 10 ~ of sumc.
quent lC$tS and inspt:QjOos. to minoc deviations from the Con-
tcL"l Documenu C()ClQ.1:Ib1c prtor to compIeUon and to 1fX'
dl1c qu:dlfiClllonS c:xprc:sscd by the AtdUt1cCt. The ~ ot 2
Cc:nIlk:2le for Payment Ib:21lI\Jnbcr" constitute :l ~
tha rhe: conlt'.-xOr Is CDlidcd to paymenr In the lltnOImt certi.
fied. However, tbe bsu3noe of. Cc:niIiall: tix Payment abaU
noc be a ~,*ion 11m Ihc Architect baa (I) atldc ah:am.
live: or (QnlinllOUS on_ Jnsocaiuns to check Ihc qU2IIry 0('
QlJ;1Olily or the Worft, (2) ~'Cd. c::oniU\ICdOn IIlc::In.S, mem..
ods, r<<hniques, s:qucnccs 01' procedures. (3) IftieWl:d COp1e:I
of ~ns receiVed from ~ acd matcrbI sup-
pHas :1nd ocher d:b n:questcd b~ the Owner ro ~
lhc: Conax:mr's rl&Ju ro paymenl 01' (~) ac:ataincd how ex (ot
wh;tl P\lrpocrc the Comraaor hallSCd ~ pm'lOuSI, paid
on :KXOUnt or the Conu::1ct sum.
2.8.11 The Arch1r.ca sh2Il h2ve authodry to rejct't Wad: whfc:h
does not con(onn to the: ContcIcr OexurnerllS. Whenevet me
Ar::hitca considers it ~. 01' :IdYisabIc roc impIancncl-
dotI or me: cwc:nt of the Contract DocumentS. the AtChitec:t 'IlriI.I
h2vc :md1oc'ity to l'Cq\litc adcUtIot\:tl itl:lpcaion DC tadog 0( me
Wolk in ~ With Ihe pro\'iSiOnS of dlc Conuact Docu.
mentS, 1't'bctMr or DOl such Wort is fabnatcd. insI2IIe(1 or
compleled. HOw1:ver. nctther thiS 2mhotUy of Ilk: Architcc11HX
:I decision rmde ill good wth eithC'C to exercise or noc 10 exer-
cise such :wthority shall gn'e rlse to a duty ()[' rc:sponsibiIicy or
the ~ ro ch<: Cormactoc, SubcorKaCfOG. m:a1Cdal :and
equipment 3UppJlers. their agentS or cmplOy~ or other per_
SON petfonnlnB pon\Ons 01 ~ WOIk.
2.8.12 The MChitca 5halJ ~- md approve or cake Other
appropn:ar 2Cllon tIpOO COntr.l.CtOr's submittm such 2S SIlop
Dt:nving!. PtOduc:t D:It2 md S2rnpJes, but only br the: IlmitI!d
purpa.se or c:hc:r:kiIlg Cor c:onfunnancc wh:h iDfDm:lauon ~
and the design c:."OJXleIX exprmed in me Contact Dommenta.
Tbc Ardaltca's aaioO ~ be t:akcn wm such t=soo:abIc
prornptocss as to c::zuse no ~. In me Work or In dle con-
SIIUClfon of me 01IVI'lt:r or or 5Cp2ate~. ~~ 2Ilow-
ing sutlicicot time in lbc AL'c:hfrect'$ pt'Ofes$ion:Il judgment ID
pc:nnit adequ3te ~. Review of AJCb submitt2fs is DOl coo-
duaed for the purpose of dc:1mDiniog tbc ac:ancr and com-
plccCfle$S or cxber dctai1s such all dbnccslons and. QuamltICS or
roc ~tiating Jnsuucdons foc Insl:llladon or pc:r1anmnoe or
equlpmc:m or systans ~ h>' the COQuaaor, all olwhidJ
n:m:lin me ~ibilily 01 the CcnttxlDr to me ec&em
req\.litcd by rbc Conaact Documents. The ArdUtcc:t's I'C"lIew
shall nor CXlf\Slitutc approval of safety pn:audons 01'. unJcss
othawbc 5pCClftc2IIy Stared by the AIc:hi=a. of constnICIIon
means. mahods. ta:hn1qucs. .scqumc:cs or procedures. The
Arcbltc:a's 2ppfOV;I or :t sp::ci6c !Ian sbaIJ 001 1ndl0Ke
approYlII 01 m assembly of which the item is :t compoomL.
When pmfi:ssiooal ccniJiatioD of per:formance ~
or cnateriab, systans or equipment is ~tcd by the Coob3ct
Doc:umenrs. lhc: AR:bfu:ct shall ~ cuddcd lD rely upon such
cenifiatian to csabllsh IIlar me matedaIs, sym:ms or equip-
man wlU mm the pafol1I1:llKr ailaia ~ by W: ~
tt:aa Oucumr:nts.
2.8.13 1bc Archhccr sb2Il prqme C1:1nge Ordc:cs :md Om.
stNCtlon c:b:mge Dircctivd. with supporting docurnencarjon
and da121f Il11BIIlN..,l(~l~: th,. &<:bit-.l_ pus.~_
&dh.r-_&fltpl... '.l.t md 3.J.J, for rhe 0wDet'. ~:aM
e.~ in ac:cotd3no: 9o"ith the ContaCt Documaa, aDd
m:ay audIorizI: mfrIDr dJanges In me Wodt DOC InYOlyq an
2diustmcm In the CoJUr.lCt Sum or au t!'ft~ otthcamrraa
Time which lII'e not Inconsistent ~'lth Ihe ilucDl or me COncna
Doc:umcnts.
2.6.14 ~ Architect st\:llI conduct inSpeCllons 10 derennine
~~~~of~~~~~~~~~~
compk:tiuo, sh:I1J ~ve and forn'al'd to die Owner lOr the
Ovmcr"s ~ and ~ords written wattande$ and ldared
doc\InIena IafUlrc:d by eM COnuacr Docurncncs aod ZISCm-
bk:d by the Conuaaoc. :and shall Is:iuc a fin:II Cenlf1CUC fbr ray-
man upon compIi3I1a: wflh the requIR:mcnIs 01 me Conaaa
Documaus.
(
2.8.15 1l'Ic AId1i~ shall inll:q)tct :Il\d dctidc: m3t1aS c0n-
cerning petf()('(NtKC 0( Ihc Owner :md Corur3a.or under the
rc:quiluncms of lIle CoIuract Doc:wncms OD written teqUCSI o(
dlher the Owner QC' Cona:1crot. Th~ ArchirCQ'$ ~ to
md1 n:quats 5h2II be m:adc with lCISOIl2bIc prompmcss md
Wlchin Gny time limits agteed ~.
2.6.16 [nrapn:t:ltlum md dedsfotlS ol me Ardhtcct sh:a1L be
c:onsblJ:nt With lIle Ime1\c of lIl\d I'CISOO2bIv inCeabIe from the
Conuaa Documcncs md shaQ be in ~8 oc iD the Coon of
dr:lwiag:L When ~ auch ~ IQ(t inir.bJ deci-
lions, the AId1irca ~ a'KIcwor 10 II:C\ft bidUuI pcdbr-
IlWlCe by boIb Ownc:t and COntr.ICWC, ~ ncx show pmf2IIry
to tJthcr, :md sh2lI not be Ibblc for fe$UllS ofinrerp~ at
dc:a."iOnS SO R:Odacd in good ~.
2.6.17 The ArctIitCd'$ dcd$Ions Of\ m:au:a rcbdDg to z:stbc.
tIC effect Ih3lI be flnaI t{ conslslem \\iIh die Ituetll e.~~ In
the Conma Docwno'll:J.
2,6,18 The AtCh1tect sbaU rcoder wtla.en ~ wilhin a
rc::J.<IODabIc time on all dalms. disputo or other awtc:a in ques-
li<m bc:twr:cn lhc Owner and COntQCtOC' rdatIng to the accu-
llOll 01 progress ot the Wurk :IS pmYldc:d If1 the Comtact
I:locumetlIs.
.....10 'FIle ....uIWlM'. llnilie.. QA ...,... &l.lltl or i..
..tIll, iRelYdiB@I .91. iR 'l1i.tieR b.4.. _ dur OWHB' ....
~~, see!,1 lee dUlSe eelll*'8 18 leIdl.eeif elfl!lellS ,_
'''~ IA 5l18t1~' Ui.l-, sl!Ml ~~ Mjee( Ie Ifbi!rltiel. e
P'El"IEl!ElIA IRis .8~UAl.;fl' lIRQ ill dw ~Elf1walll J;l&;'\IA\'M" I
ART1CL.E 3
AODffiONAL SBMCES
3.1 GENeRAL
3.1.1 'Ibc: savIa:s ~ in this.Vtic:Ie 3 2R! not inr111(JH1
10 8asic Scrvioes ~ se ldc.ltitI.'-li k. A:..d<:t, tZ.:and eMf sh:alI
be p:rid Coe by the Owner Q$ provided iD this Agn:cmcnr. In
2Cldkion ro !he COIllpCl2SDJa tor Ba$ic SeMces. 'file JCi.~
1I'81!1~IlB lIft'll! P~bG 3.: 1d'1I:1 3. i...f..A tl~ be:. 1"._,16...1
-4f ~,Ahv.=-d o. ..."L---d h.. -A~.6 h, d,,- 6-4~.. U senIa:s
dela1bed. under Geluif*1..1 Additic:m2I Serv~ In ~
3$.2I'C ftXJUlrc:d dill! 10 dm1mstances beyond the Art:biIa:t's
control, the Atc:hm:ct sJW1 notify the 0'NtleI' ptbr co com-
menclfig sud1 eervlces. If l:hc 0Mla dc:cms that such xrvIce3
Illll:t~ IInder FIrIpIph J.:l ate noc requited. Ihe Owna
5h3LI give prompl "A'dacn DUdcc to the ~ IIdle Owner
1nd1CI.U:S kl WI111D8 Ih:u: :3D 01 part of sud'I a..l>>oa_,L :~~
4IieM Servlces ~ 0()( requiccd. the .~sh:lIl bavc DO obU-
pion to pcov1de those 1CVic:eA.
9.1 PReIIBH" ~aA'A'fIeN 86JeND DAGS
-~g;
ShaD
in c:ury-
.,
~ d1t: obsaY:Idons by sud1 Pto;ea
l:UJvc:s. tJK: stWI ~9Ot 10 .
Qof\ Cor the Owner
but the ~ of
modlfy Ibc , nsiblUdaor ~
2S dscw~ in thi:i .\grtcmcnt.
3.2- ---GOH!'1U81!1ft' ADDITIONAL SERY'1Ct:S
34.1 M2IcJng I'CYisiOns In DclwinSS, Spedfbdons 0(' <Xhcr
docwbc:nIs whm such revisions ate:
.1 ~ with lIppC'OVl1ls or instnK:tions pn:viDu$Iy
giTcn by the Owner. inc:ludq n:vbioru cnade neca.
sat)' by ~lS in lhe Owncr'J progcm or Prof-
mb~
.2 n:quiccd by the eD3CIIneIll or revtAOn of COdes. bws
Of lqUblioDs sub5equc:ru to lhc P~r.Wun of such
documenas; or
,3 due to dwlg~ required 3S ~ l'eSU!t of the Owocr', fall-
urc tu render dcdJlon:s In a lImdy cnanncr.
3.2.2 ProYidicg savic:cs mquircd beause of Slgnitiam
changca in the Project inc1Wing. but nut limited Ill. $izc, qual-
ity. complaity. the Owner's scbeduIe. OC Ihc mahod of bid-
ding or negod:ldDg:and contr.let1ng ror c:on.strucdon, ~'"..V'- Ill,
1(;,..,l<<:o1'61t1i1M IUltler h"flMl8J'lll1" r J (
3.t.3 p~ Drawing$, Spec:i1ic2tiona and other docutnco-
lation ;,CIl(.I suppuniog dza. c:valuatinl{ Coou3aor"s proposaJs..
aod providing odlct scnices In CXlnDI:aIun wtd1 0m1se
O~ :md CunsttuaIoa Clunge Dtm:rJveai.
SL4 Prov~Jal1K ~ in ax1I1C'Cdun wilb cvahm1ng $Ubsd-
tUliOm propoKd by dIe Conuaaor and making subsequenl
~lS to ~ SpcctfirlmnflS 2nd other dQcurDmUdOn
n:sukIng thadrom.
3.U ProYidiog (01n..,.1htinrt conccming ~ of Work
dam3ga1 by fire or txhct ausc during COmtrucIico, aod fur.
rUshing $Ct\'KX:i rc:quiR:d in cooncction with dtc repIaciemern
of such WorIc.
3.&' Providing savicc:s III2de I1CC.'eS$Uf by rbc <lc&uk of the
Contraaor. by auiot defectS or defic:ic:ncio in the Work of !he
Contr.lUor. QC' by faiIurc of performance of etlhcr Ihe Owner ar
Contr3ClOl' under rhc: ConIr:Ia for Consuuc:don.
3.t,7 Ptoriding ~ iP r:valwUng 1111 c:xtaJsM: IWIDbcI' of
Wims submm:d by me ~ 01' C)[bcrs in coonc:diOn
with Ibe Wen.
3.U l'roYidina services in conneok>n with :l public: harq.
:ubitr.Jl~ proo:cding or ~_~_ ~.~ the ~""rr
An:h1rca.,partylhcmo.(~ ~~ r-r
3:l.B Pn:p:uina documans for 2lt(!1f12fe, septr:lIe or sequmtm
btds or pIOlrIding St:tYiCes in c:onncctioa witb bidding. I'ICgOd3-
tion or coasttuc:tioa priot TO lJ\e QOmpJedoo of me Coostrue-
tien Ooc\Jmcnu Phase.
-.e.4 eF<Ret~ AeemONN. GmYlar
:1.4,1 P lu..k1h'lS .......Jr...... uf d..~ e lRllr'r A_Ida .....-:1 ~-
m~'8-d., .'quiu..u&w~ of Ibr... f .~<<t. J.
;.(.2 r.".Idb'ti fh....-bd C~1bt2kJ .... vd.... ~ A..dia.
.a.tJl f.o.~'6 ,..t.uU~'6 ;3lU._'-)J. !k"" ~.~I......-- ~ -<~\.
~ ~~ ot~att.'C sh.
..
, .
Exhibit A-I
Port Angeles Library: Design Team Fee Distribution
Phase Phase Fee Phase Fee Distribution
(0;'0 of total) Nixon/Lindberg Lewis
Schematic Design 15% 15% 85%
0.0225 .1275
Design Development 20% 30%>> 70%
0.06 0.14
Construction Documents 40% 550/0 45%
0.22 0.18
Bidding 5% 80% 20%
0.04 .01
Construction Administration 20% 800/0 20%
0.16 0.04
Totals 100% 50.250/0 49.75%
EXHIBIT B
CONSULTANT LABOR COST TABLE
The maximum compensation is based on the following:
~ ISSUE
I DESCRIPTtON
I AMOUNT
1 AlE PERCENTAGE BASIC SERVICES FEE 819% = $204,750
based upon 25,000 sf @ $100/sf = $2.5 million
2 CONNECTION TO EXISTING BUILDING $0
3 PROGRAMMING $2,600
4 CONDITIONAL USE PERMIT $0
5 LANDSCAPE DESIGN $16,445
6 CIVIL ENGINEERING $19,760
7 INTERIOR DESIGN/SPACE PLANNING $35,938
8 VALUE ENGINEERING SUPPORT $2,500
TOTAL ARCHITECTURAL, INTERIORS AND ENGINEERING FEES (assuming that $281,993
structural, mechanical, electrical, cost estimating are a part of thiS fee)
9 REIMBURSABLES CAP (for all reimbursable on prOject paid directly by $8,000
the City)
TOTAL MAXIMUM COMPENSATION $289,993
EXHIBIT C
I . .
.
NON-SALARY REIMBURSABLE COSTS
Reimbursables shall be based upon the following:
o Milage at $0.25 per mile
o Ferry fares based upon Washington State Ferry Rates
o Reproduction costs for construction documents based upon invoice
o Postage based upon invoice
Exh1bit 0
Port Alllele, Library
Project Sclutbde
Program ReviN
Sill Dulgn I MtIStU Pia
SchemaJic Duigll
Design Dnt/opmml
COlrtTtJt:I DoclUrI4ntJ
Bidding
ColUtTIICIio,.
1'95
NOli D
~~~
1996
Ian F,b Mar
~~~~~~
. .
CONS'J1UJCrI)H cm.tPl.BTE
~J996
.
. ,
ft
EXHIBIT E
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 Consultant/Contractor WIll not discriminate 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 origin. The
Consultant/Contractor will take affirmatIVe action to ensure that
appt;cants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, or
national ongln The Consultant/Contractor will take affirmatIVe
action to employ, advance In employment, and otherWIse treat
qualified special disabled or Vietnam era veterans and
handicapped IndiViduals WIthout discrimination 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 trainrng, including
apprenticeship The Consultant/Contractor 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 Opportunity/Affirmative Action clause
b
The Consultant/Contractor will, in all solicitations or
advertisements for employees placed by or on behalf of the
Consultant/Contractor, 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 Consultant/Contractor IS under the legal
obligation to take affirmative action to employ, advance In
employment, and otherWIse treat qualified special disabled or
Vietnam era veterans and handicapped indMduals WIthout
dlSCr1mlnation based upon their disability or veterans' status or
physical or mental handicap In all employment actions All
suitable employment openrngs eXisting at contract award or
occurring 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 Consultant/Contractor Intends to fill from
within its own organrzatlon or under a customary and traditional
employer-Union hlnng agreement.
c.
The Consultant/Contractor 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 unron or workers' representative of the
Consultant/Contractor'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
d
The Consultant/Contractor will comply WIth all prOVISions of
Execubve 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
e
The Consultant/Contractor will furnish all Information and
reports required by Executive Order No. 11246 of September
24, 1965, and by the rules, regulations, and orders of the
SecreIary 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.
f.
The Consultant/Contractor will not, on grounds of race, color,
religion, sex, physical or mental handicap, or national ongln:
1. Deny an indiVidual any services or other benefits
provided under thiS agreement;
2 PrOVide any service(s) or other benefits to an
indlVldual which are difference, 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 recetpt 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 otherwise, or afford an
opportunity to do which IS difference from that
afforded others under this agreement The
Consultant/Contractor, in determlnrng (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 ctass of indiViduals to be afforded
an opportunity to participate In any services or other
benefits, WIll not utilIZe critena or methods of
admlnrstratlon which have the effect of subjecting
IndiViduals to dlSCnmlnatlon because of their race,
color, sex, religion, national origin, creed, or the
presence of any sensory, mental or phYSIcal
handicap
g
In the event of Consultant/Contractor noncompliance with the
nondlscnmlnatlon 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
Consultant/Contractor may be declared Ineligible for further
government contracts in accordance WIth procedures
authorized 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 otherWIse prOVided by law.
f.
The Consultant/Contractor 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.
5, 5<6Lp
ADDENDUM NO.1
TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
CITY OF PORT ANGELES
and
ROBERT NIXON ASSOCIATES, INC.
RELATING TO: Design and construction services for the Port Angeles Library
THIS ADDENDUM NO.1 to the above referenced agreement is made and entered into this ~ I Jt.. day of
~v p ryV:>P A ) , 1995, by and between the CITY OF PORT ANGELES, a non-charter code city of the State of
Wash gton (hereinafter called the "CITY"), and Robert Nixon Associates, Inc., a Washington Corporation (hereinafter
called the "CONSULTANT").
WHEREAS, the original agreement did not include expanded topographic surveying and mapping to include the area by Holy
Trinity Lutheran Church; and
WHEREAS, it is important for the project to contain accurate survey information of the surrounding area, especially in the
area where cooperative parking may occur;
NOW, THEREFORE, in consideration ofthe above representations and the mutual agreements set forth herein, the original
agreement between the parties shall be amended as follows:
1. Section I SCOPE OF WORK and Exhibit "A" shall be amended by including the area by Holy Trinity Lutheran Church [lots
7,8,9 and 10 of Slock 18, Colony's Addition] in the topographic survey and mapping to be performed by the Consultant.
2. Section VI MAXIMUM COMPENSATION and Exhibit "S" shall be amended by increasing the civil engineering
compensation from $19,760 to $21,361 and the total maximum compensation from $289,993 to $291,594.
In WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first written above.
~c-k ~crJ
MA OR
CITY OF PORT ANGELES
ATTEST:
~ j JfP5-^
~Y"CLE K -
FlleC IWPIWP60DATAIUB,RARYICONSUL TlADDEND#1 N95
f.
5.~
"',
ADDENDUM NO.2
TO
"
U'.
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
CITY OF PORT ANGELES
and
ROBERT NIXON ASSOCIATES, INC.
RELATING TO: Design and construction services for the Port Angeles Library
THIS DDENDUM NO.2 to the above referenced agreement is made and entered into this IIJ~ day of
, 1996, by and between the CITY OF PORT ANGELES, a non-charter code city of the State of
Washington (herein er called the "CITY"), and Robert Nixon Associates, Inc., a Washington Corporation (hereinafter
called the "CONSULT NT").
WHEREAS, the original agreement did not include the lots recently purchased by the North Olympic Library System [NOLS]
known as lots 1 and 2 of block 18, Puget Sound Cooperative Colony's 2nd Addition; and
WHEREAS, it is important for the project to contain accurate survey information of the surrounding area, especially in the
area where cooperative parking may occur;
NOW, THEREFORE, in consideration ofthe above representations and the mutual agreements set forth herein, the original
agreement between the parties shall be amended as follows:
1. Section I SCOPE OF WORK and Exhibit "An shall be amended by including an additional area just purchased by NOLS
in the topographic survey and mapping to be performed by the Consultant.
2. Section VI MAXIMUM COMPENSATION and Exhibit "Bn shall be amended by increasing the civil engineering
compensation from $21,361 to $23,925 and the total maximum compensation from $291,594 to $294,158.
In WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first written above.
CONSULTANT
TITLE:
APPROVED AS TO FORM:
ATTEST:
~ ~ Je~ U7liYi ^
ECKY UP N, C[E~K -
Fl1eC IWPlWPSODATAIUBRARYlCONSUL T\ADDEND#2 196
.
"
..
,
Engineers . Land Surveyors . Planners
Construct/on CoordinatIOn . Matenals Testing
NORTHWESTERN TERRITORIES, INC.
NT'
January 30, 1996
Robert J. Nixon
Robert Nixon & Associates, Inc.
3215 South Laurel Street
Port Angeles, W A 98362
Subject:
Boundary and Topographic Surveys for the Port Angeles Library Proje~~, Orcas
Avenue. '
At the request of Jack Pittis, City of Port Angeles, I am providing the following tabular data
to summarize prices for previously contracted survey work and for the proposed additional
survey of Lots 1 and 2, Block 18, at Peabody Street and Orcas Avenue.
Agreement Date Boundary Topographic Totals
Survey Survey
-----------------------------------------------------------------------------------------------------------------
Original 09/08/95 $1,225 $2,380 $3,605
Addendum # 1 11/01/95 $1,470 $1,470
Addendum #2 01/19/96 $1,050 $1,180 $2,230
TOTALS: $2,275 $5,030 $7,305
-----------------------------------------------------------------------------------------------------------------
Addendum #2 is to cover boundary and topographic surveying of Lots 1 and 2, Block 18,
Puget Sound Cooperative Colony's 2nd Addition. Lines of sight are blocked by structures
and vegetation in Lots 1 and 2, whereas most of the area covered by the original contract
and Addendum #1 was open (structures removed from the new library site). It should also
be noted that boundary survey prices are not directly proportionate to the number of lots
or area surveyed. The price of a boundary survey of 2 lots will not be a third of the price
of a boundary survey of 6 lots.
"
. .
I am enclosing a slightly revised project scope letter for Addendum #2. The date of the
letter is corrected and inadvertently omitted Item #3 (service requested by Bill Lindberg)
under Topographic Surveying is inserted.
717 SOUTH PEABODY, PORT ANGELES, WA 98362 (360) 452-8491 1-800-654-5545 FAX 452-8498
J
,
",
\.
Robert J. Nixon, Robert Nixon & Associates, Inc.
Boundary and Topographic Surveys for the Port Angeles Library Project, Orcas Avenue.
January 30, 1996
Page 2 of 2
Should you have any questions or require further services, please contact me. We
appreciate your retention of our firm to meet your professional land surveying and land use
consulting services requirements.
Thank you,
~-ZRlTORIES. INC.
Barral G. Scott, P.L.S. ~
Manager, Land Surveying Services
BaS/ph
Copies to: Bill Lindberg, Lindberg Architects
Jack Pittis, City of Port Angeles
File. NIX-LIB.L TR
Dlr.: WP\BARRAT\EST
5. 2>8t.rJ
ADDENDUM NO.3
TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
CITY OF PORT ANGELES
and
ROBERT NIXON ASSOCIATES, INC.
RELATING TO: Design and construction services for the Port Angeles Library
DDENDUM NO.3 to the above referenced agreement is made and entered into this I ~~ day of _
o ., 1996, by and between the CITY OF PORT ANGELES, a non-charter code city of the State of Washington
(herel fter called the "CITY"), and Robert Nixon Associates, Inc., a Washington Corporation (hereinafter called the
"CONSUL TANTj.
WHEREAS, the original agreement did not include the costs to extensively evaluate multiple exterior design options for the facility;
and
WHEREAS, the original agreement did not include the costs to prepare a short plat of the property; and
WHEREAS, the architect will absorb the estimated costs of $13,000 of the work necessary to modify the new design scheme to
bring it to the same point in the design development phase as the previous design; and
WHEREAS, since the original agreement utilized the size ofthe building in deterimining the archectural fee, the increase in the size
of the project from 25,000 square feet to 29,000 square feet will increase the fee accordingly.
NOW, THEREFORE, in consideration of the above representations and the mutual agreements set forth herein, the original
agreement between the parties shall be amended as follows:
1. Section I SCOPE OF WORK and Exhibit "A" shall be amended by including the short plat to be performed by the Consultant and
revise the size of the library to 29,000 square feet.
2. Section VI MAXIMUM COMPENSATION from $294,Hi8 to $382,633.40 Exhibit "B" shall be amended by increasing the civil
engineering c d h I f b
ompensation an arc itect sees as denoted elow:
1 AlE PERCENTAGE BASIC SERVICES FEE 8.19% = $244,869
based upon 29,000 sf = $2.989,856 10.0% = $ 28 250
Remodel SeMce Center - $282,500 $273,119
Hourly retmbursement for Optional Destgns $17,406.40
6 CIVIL ENGINEERING $26,625
In WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first written above.
S
; ""t'IJl 0 ....z..L~ ^ . . .
ATTEST:
A.Q~~ )~^
BECKY UPT , CI CLER
FdeN IPROJECT5\LIBRARYICONSUL l\AOOENOlIl3
ADDENDUM NO.4
TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
6.3B'4J
CITY OF PORT ANGELES
and
ROBERT NIXON ASSOCIATES, INC.
RELATING TO: Design and construction services for the Port Angeles Library
THIS ADDENDUM NO.4 to the above referenced agreement is made and entered into this 2nd day of Seotember , 1997,
by and between the CITY OF PORT ANGELES, a non-charter code city of the State of Washington (hereinafter called the "CITY"),
and Robert Nixon Associates, Inc., a Washington Corporation (hereinafter called the "CONSULTANT").
WHEREAS, the original agreement and addendums did not include the costs to address questions and investigate indoor
environmental issues for the facility; and
WHEREAS, the decision was made to charge a non-refundable deposit for plans and specifications during the bidding of the project
and such funds from the deposit should be credited against the vendor printing costs paid by the architect for the plans and
specifications; and
WHEREAS, the original agreement and addendums did not include additional reimbursables caused by changing the size of the
facility from 25,000 to 29,000 square feet; and
NOW, THEREFORE, in consideration of the above representations and the mutual agreements set forth herein, the original
agreement between the parties shall be amended as follows:
1. Section I SCOPE OF WORK and Exhibit "An shall be amended by including the short plat to be performed by the Consultant and
revise the size of the library to 29,000 square feet.
2. Section VI MAXIMUM COMPENSATION from $382,633.40 to $397,307.15. Exhibit "Bn shall be amended by increasing the
interiors design, electrical design compensation, architect's fees and reimbursables as denoted below:
1 Electncal Design $1,600 00
1 Environmental Review [now $2,500 plus $1 ,500) $1,500 00
7 Intenor Design I Space Planning $5,573 75
8 Shift Value Engineering budget to Environmental Review for Architect $0
9 Reimbursables $2,500 00
9 Relmbursables - credit for plan and spec deposits for pnntlng $3,500 00
TOTAL INCREASE THIS ADDENDUM $14,673.75
In WITNESS THEREOF, the parties hereto have executed this Agreeme
~~ CONS A
~~....
MA R
ATTEST:
no~~, Ufk5^
BECKY U T . ,C CIER -
FlleN IPROJECTs\94.19L1BICONSUL nAGREEMTlADDEND#4
."
ADDENDUM NO. 5
TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
5.3~u
tt1
CITY OF PORT ANGELES
and
ROBERT NIXON ASSOCIATES, INC.
RELATING TO: Design and construction services for the Port Angeles Ubrary ~. 0
THIS ADDENDUM NO. 5 to the above referenced agreement is made and entered into this (0 1L day of ).1 , 1999,
by and between the CITY OF PORT ANGELES, a non-charter code city of the State of Washington (hereinafter ailed the "CITY"),
and Robert Nixon Associates, Inc., a Washington Corporation (hereinafter called the "CONSULTANT").
WHEREAS, the original agreement and addendums did not include the costs to address the additional work on the time capsule,
increased signage for the building, a Japanese Garden Project, coordination of artwork lighting, and Dedication and Donor Plaques;
and
NOW, THEREFORE, in consideration of the above representations and the mutual agreements set forth herein, the original
agreement between the parties shall be amended as follows:
1. Section I SCOPE OF WORK and Exhibit "Aft shall be amended by including work on the time capsule, increased signage for the
building, a Japanese Garden Project, coordination of artwork lighting, and Dedication and Donor Plaques.
2. Section VI MAXIMUM COMPENSATION from $397,307.15 to $401,200.07. Exhibit "B" shall be amended by increasing the
interiors design, electrical design compensation, architect's fees and reimbursables as denoted below:
1 Architect's Fee [Construction Administration Increase]
1a. Japanese Garden $601.25 [not approved]
1b Dedication Plaques and Donor Wall [completed] $1,511.25
1c Dedication Plaques and Donor Wall [estimated to be done] $390.00
1d Coordination With lighting for donor plaque and artwork [reimb. by Friends] $520.00
1e Time Capsule $406.25
1f Building Sign and Interior Signage $3,298.75
19 Donation of time against item 1 f above [$2,233.33]
TOTAL INCREASE THIS ADDENDUM $3,892.92
In WITNESS THEREOF, the parties hereto have executed this Agree
f the day and year first written above.
CITY OF PORT ANGELES
C~ ~L(:/~~~
MAYO --
TITLE:
ATTEST:
&~. ./.~A.
BECKY UPT , C CLER -
FlIeN IPROJECTS\94-1 9UBlCONSUL 1\AGREEM1\ADDEN0#5 WPD
" f
- "
ADDITIONAL SERVICES FOR PORT ANGELES PUBLIC LmRARY PROJECT
Date Hours Task
JAPANESE GARDEN
07/15/97
11/10/97
01/14/98
01/14/98
01/20/98
06/1 0/98
06/11/98
1.0
.75
3.0
1.0
1.0
1.0
1.5
Mtg.
Mtg. w/ Sally & Friends
Proposed Design
Letter
Mtg.
Mtg. w/ Friends
9.5 hrs x 65.00/hr
$601.25
DEDICATION PLAQUES & DONOR WALL
03/26/98
05/05/98
06/12/98
06/15/98
06/16/98
06/17/98
06/18/98
07/15/98
07/23/98
09/15/98
10/06/98
11/05/98
11/06/98
11/10/98
11/12/98
12/01/98
4.75
.5
1.0
3.0
.5
.75
.5
1.0
2.0
1.5
2.0
.25
1.0
3.0
.5
1.0
Drafting
Revise Drawings
Plaque Drawings
Further Revisions
Fax & Order
Phone Time w/ ARK Ramos
Phone w/ ARK Ramos
Shop drawing review
Shop drawing review
Revise Donor Drawings
Revise Donor Drawings
ARK Ramos Coord.
Plaques Arrive
Inspect & Revise Drawings
Revision Drawings (cont.)
Bliemiester Coord.
23.25 hrs x 65.00/hr
$1,511.25*
· This task not yet complete. Estimate additional 6 hrs for coordination wi Bliemister, site, & shop
drawings, and installation coordination. Figure an additional $390.00.
Estimate additional 12hrsfor Coordination with Lighting Designer and Electrical Contractor for Donor
Plaque and Seven Pillars Artwork as requested by the Friends of the Library.
F~unanaddftwnm$52aOa
TIME CAPSULE
,I
.'
,.
01/03/98
03/06/98
06/12/98
08/05/98
08/17/98
1.25
1.5
.5
2.0
1.0
Design & Site Visit
Redesign
Stone
Meeting w/ Undertakers
Broken Stone
6.25hrs x 65.001hr
$406.25
BUILDING SIGN & INTERIOR SIGNAGE
OS/20/98 2.5 Design
OS/21/98 1.0 " "
06/03/98 1.25 " "
06/04/98 .5 " "
06/10/98 1.0 " "
06/15/98 2.0 Steering Committee Meeting
06/15/98 1.5 Redesign
07/01/98 1.5 Sign Permit
07/07/98 1.5 " "
08/11/98 .5 Plot Drawings
08/13/98 1.0 Locate Sign on Site
08/17/98 1.0 Lighting for sign
08/18/98 .5 " "
09/14/98 .5 On Site
09/29/98 .5 Interior Signage w/ Larry
09/30/98 1.0 " "
10/01/98 3.5 " "
10/02/98 .5 ARK. Ramos
10/13/98 1.0 On Site w/ Larry
10/14/98 .5 " "
10/14/98 3.5 Lighting
26.75hrs x 65.001hr $1,738.75
*This task not yet complete estimate additional 12-24 hrs to complete lobby lettering or full building
signage as discussed w/ Susan. Could be as high as $1,560.00.
Estimation $3,298.73