HomeMy WebLinkAbout5.565 Original Contract 5 545
AGREEMENT FOR PROFESSIONAL SERVICES
P BETWEEN THE sNF°
THE CITY OF PORT ANGELES *182001
AND 4
Swenson Say Fagot Inc.
RELATING TO: Structural Engineering Services
Value Engineering, Port Angeles Carnegie Library
THIS AGREEMENT is made and entered into this day of O 20L,
by and between THE CITY OF PORT ANGELES, a non charter code cit of the State of Washington,
(hereinafter called the "CITY and Swenson Say Fagot Inc. a Washington Corporation (hereinafter
called the "CONSULTANT
WHEREAS, the CITY desires to develop a detailed value engineering report for the structural retro -fit of
the Carnegie Library building.
WHEREAS, the CITY desires to engage the professional services and assistance of a qualified consulting
firm to perform the scope of work as detailed in Exhibit A, and
WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes of the State of
Washington for professional registration and /or other applicable requirements, and
WHEREAS, the CONSULTANT represents that it has the background, experience, and ability to perform
the required work in accordance with the standards of the profession, and
WHEREAS, the CONSULTANT represents that it will provide qualified personnel and appropriate facilities
necessary to accomplish the work;
NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants
and agreements set forth below, the parties hereto agree as follows:
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 and shall include all services and material necessary to
accomplish the work.
The CITY may review the CONSULTANT'S work product, and if it is not satisfactory, the CONSULTANT
shall make such changes as may be required by the CITY. Such changes shall not constitute "Extra
Work" as related in Section 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 representation as
City of Port Angeles [month and year]
to suitability for reuse by any other party unless specifically verified or adapted by the CONSULTANT.
However, any alteration or reuse of the documents, by the City or by others acting through or on behalf
of the City, will be at the City's sole risk.
III DESIGNATION OF REPRESENTATIVES
Each party shall designate its representatives in writing. The CONSULTANT'S representative shall be
subject to the approval of the CITY.
IV TIME OF PERFORMANCE
The CONSULTANT may begin work upon execution of this Agreement by both parties. The work shall
be completed within five weeks of the date of the notice to proceed.
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 Exhibit B.
1. Labor costs shall be based on the hourly rates shown in Exhibit B. Hourly rates shall be based
upon an individual's hourly wage times the total number of hours worked.
General clerical time shall be considered an overhead item, except where specific work items are
involved that require one hour or more continued effort, in which case time will be charged on the
basis of hours worked.
2. The direct non -salary reimbursable costs are those directly incurred in fulfilling the terms of this
Agreement, including, but not limited to, travel, subsistence, telephone, CADD computer,
reproduction and printing, supplies and fees of outside services and consultants. Ten percent
(10 overhead and profit may be added to direct non -salary reimbursable costs.
B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall detail the
work, hours, employee name, and hourly rate; shall itemize with receipts and invoices the non -salary
direct costs; shall indicate the specific task or activity in the Scope of Work to which the costs are
related; and shall indicate the cumulative total for each task.
C. The CITY shall review the invoices and make payment for the percentage of the project that has been
completed less the amounts previously paid.
D. The CONSULTANT'S 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.
City of Port Angeles [month and year]
F. 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 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 $11.000.
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 conduct its business in a manner, which assures fair, equal and non-
discriminatory treatment of all persons, without respect to race, creed or national origin, or other legally
protected classification and, in particular:
A. The CONSULTANT shall maintain open hiring and employment practices and will welcome
applications for employment in all positions, from qualified individuals who are members of minorities
protected by federal equal opportunity /affirmative action requirements; and
B. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or
regulations issued pursuant thereto, relating to the establishment of non discriminatory requirements
in hiring and employment practices and assuring the service of all persons without discrimination as
to any person's race, color, religion, sex, Vietnam era veteran status, disabled veteran condition,
physical or mental handicap, or national origin.
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.
City of Port Angeles [month and year]
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, 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
City of Port Angeles [month and year]
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.
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
City of Port Angeles [month and year]
following exhibits are hereby made a part of this Agreement:
Exhibit A Scope of Work
Exhibit B Consultant Labor Costs
In WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first
written above.
CITY OF PORT ANGELES
M YOR
ii
CONSULT
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TITLE: 3 r0 0
APPROVED AS TO FORM:
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CRAIG KNO CITY ATTORNEY
ATTEST:
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BECKY U ON, I
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PW- 0410 _01.wpd [rev:8/5/99]
City of Port Angeles [month and year]
4
EXHIBIT A
SwenSton Et1 4
A S ,,1�
r x;t Engineering Corporation
March 1, 2001
Ronald W. Johnson
Project Manager
City of Port Angeles
Public Works and Utilities Department
321 East Fifth Street
PO Box 1150
Pon Angeles, WA 98362 -0217
Dear Mr. Johnson:
RE: Structural Consulting Services
Value Engineering
Port Angeles Carnegie Library
This letter serves as our scope of work and fee estimate for structural engineering services
related to value engineering study of the historic Port Angeles Carnegie Library. This letter is
based upon our review of the report prepared by Olympic Design Works, Inc. PS along with
Craig R. Owen, Consulting Structural Engineer.
Project Understanding and Scope of Work
To date a detailed study of the building has been performed. The study provided detailed
recommendations for structural improvements, accompanied with a cost estimate. The cost
estimate provided a range of costs from a low end of approximately $978,000 to a high end of
approximately $1,157,000. This value engineering study has been commissioned in order to
assess the possibility of reducing costs, specifically to the structural systems proposed.
Based upon our understanding of the study we propose the following scope of work:
Visit the site with two engineers to review the building and meet with appropriate
personnel form the City of Port Angeles, the Port Angeles Library as well as the
design team for the initial study.
Provide a detailed review of the initial study
Review the existing structural calculations and produce preliminary structural
calculations in order to assess gross magnitudes of load and the general demand on the
existing global lateral system.
2124 Third Avenue Suite 100, Seattle, WA 98121. Phone (206) 443-6212. fax (206) 443 -4870
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Ronald W. Johnson 2 March 1, 2001
Review the existing structural calculations and produce preliminary structural
calculations in order to assess the demand on existing gravity elements that plan to be
augmented according to the study-
Produce a detailed VE Report that outlines our findings and recommendations.
Meet with appropriate personnel form the City of Port Angeles, the Port Angeles
Library, and the initial design team to discuss our findings and to answer any
questions.
Contract and coordinate with a testing agency to do masonry testing at the building.
We presume that cost implications of our findings can be determined through the means already
established; that is, for consistency it would be prudent to compute the cost implications of our
study by using the same cost model or cost consultant used in the original study. If necessary
we are able to retain a cost estimator if you desire an independent cost analysis of the original
work as well as the impacts of the VE Study. At this time, however, we have excluded any
cost estimation from our scope of services. However we will discuss our findings with Stuart
Bonney and will provide an opinion regarding the cost implications of our VE
recommendations.
Based upon the scope of work outlined above we propose our consulting services on an hourly
basis to a maximum of $8000.
We have also contacted Ken Foote of Cascade Testing to provide masonry- testing services.
We have worked many times with Ken and are pleased to have him on board to assist us.
Cascade Testing will provide masonry Nesting services on an hourly basis to a maximum of
$2400. Cascade Testing will contract directly with Swenson Say Paget and we wil) bill The
City of Port Angeles for this work under the terms of our contract. We understand that the
masonry testing can occur within approximately three weeks from the time our contract is
finalized.
We understand that you will incorporate the appropriate elements of this letter agreement with
your standard City of Port Angeles contract, and submit it to us for our review and signature.
If you have any questions do not hesitate to contact us.
Sincerely,
SWENSON SAY PAGE' INC.
0
Dan Y. ay
Encl.
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EXHIBIT B
SCHEDULE OF CONDITIONS
This proposal is good for a period of 60 days after which Swenson Say Faget reserves the right to
modify the proposal. The services and compensation of Swenson Say Faget are based on the
following conditions:
1. SCOPE OF SERVICES
As outlined in proposal letter
2. HOURLY CHARGES FOR PERSONNEL
Personnel will be charged at the following hourly rates:
Todd Beyreuther 560 Daniel Morrow 580
Bart Blans $90 Sean O'Neill 575
Blaze Bresko 5110 Pete Opsahl 5105
Greg Coons 575 Robert Pack $75
Joe Dixon 590 Aaron Pambianco $70
Paul Faget $115 Ryan Reichman 565
Dave Farrell $60 Mary Kay Rossman $70
Rob Galus 580 Nic Rossouw 5110
Jim Galyon $50 Dan Say $115
Scott Gilberts 5100 Wendy Shi
Randy James $70 Amy Steege $85
Shawna Kang $60 Gary Swenson $130
Gary MacKenzie $110 Todd Valentine $70
Marc Malsam $70 Mike Wright 5110
Mike McIntire
Contract CAD $60 Contract hand drafting $60
The rates indicated above are in effect for the calendar year of the proposal. Billing rates
are subject to change effective January I next year.
3. REIMBURSABLE EXPENSES
(a) Plotting of CAD drawings for all required submittals will be billed at $25 per sheet.
(b) Delivery charges will be billed based on delivery distance and time.
(c) All other expenses and services not directly provided by Swenson Say Paget will be
charged at 1.1 X Cost.
Reimbursable expense items are not included in our fee unless specifically noted in our
proposal.
Standard Revised January 2001 2000 -72 -15
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