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HomeMy WebLinkAbout5.435 Original Contract .s. </6S 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: , lIJ /~ ATTEST: .8u~~ .{~"- BECKY UP N, TY CL K \. 1 I" ~ '{ '- , j/ " , ' , I '- , /1' \ N \PROJECTS\94-22WM\LINDCONT.wPD 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 ~~~' CDS/lo 01/ J <:fIO 0/0 I Charles D. Smith, Architect LINDBERG -\ I" ., \' , 11 I L (, r ~ 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