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HomeMy WebLinkAbout5.1011 Original ContractAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND BRUCE DEES ASSOCIATES PROJECT PK04 -2007 RELATING TO: CIVIC FIELD UPGRADES FACILITY ASSESSMENT THIS AGREEMENT is made and entered into this 6 day of 2010, by and between THE CITY OF PORT ANGELES, a non charter code city of the State of Washington, (hereinafter called the "CITY and Bruce Dees Associates, a limited liability corporation authorized to do business in the state of Washington (hereinafter called the "CONSULTANT f .tot WHEREAS, the CITY desires consulting and planning services related to an assessment of upgrades needed for Civic Field; 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 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 XII of this Agreement. The CONSULTANT agrees that all services performed under this Agreement shall be in accordance with the standards of landscape architecture and sports facility design, in compliance with applicable federal, state and local laws. The Scope of Work may be amended upon written approval of both parties. PW 0410_01 Professional Services Agreement.doc Page 1 of 7 (Revised March 2010) 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 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 and the duration of the Agreement shall extend through May 30, 2010. The work shall be completed in accordance with the schedule set forth in the attached Exhibit C. 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, non salary direct costs, equipment and incidentals necessary to complete the work. A. Payment shall be on a lump sum basis, based on the percentage of work completed. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall detail the work completed under each task, the approximate percent completion of each task, and the cumulative percent completion for all work under this agreement. B. The CITY shall review the invoices and make payment for the percentage of the project that has been completed less the amounts previously paid. C. 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. D. Final payment for the balance due to the CONSULTANT will be made after the completion of the work and acceptance by the CITY. E. Payment for "Extra Work" performed under Section XII 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, is the lump sum amount of $30,000. The budget for each task is PW 0410_01 Professional Services Agreement doc Page 2 of 7 (Revised March 2010) as set forth in the attached Exhibit B. Budgets for task(s) may be modified upon mutual agreement between the two parties, but in any event, the total payment to CONSULTANT shall be $30,000. VII INDEPENDENT CONTRACTOR STATUS The relation created by this Contract is that of owner- independent contractor. The Contractor is not an employee of the City and is not entitled to the benefits provided by the City to its employees. The Contractor, as an independent contractor, has the authority to control and direct the performance of the details of the services to be provided. The Contractor shall assume full responsibility for payment of all Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax. VIII 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. IX 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. X SUBCONTRACTS A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. PW 041001 Professional Services Agreement.doc Page 3 of 7 (Revised March 2010) B. 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. XI 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. XII 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. XIII 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. XIV INDEMNIFICATION /HOLD HARMLESS CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the CONSULTANT in performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY. 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 PW 0410_01 Professional Services Agreement doc Page 4 of 7 (Revised March 2010) 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, the CITY, and the officers, officials, employees, and volunteers of either, 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. XV 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. No Limitation. CONSULTANT'S maintenance of insurance as required by the agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the CITY'S recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage; and, 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City; and, 3. Workers' Compensation coverage as required by the Industrial Insurances laws of the State of Washington; and PW 041001 Professional Services Agreement doc Page 5 of 7 (Revised March 2010) 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self- insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled, suspended or materially changed by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. Any payment of deductible or self insured retention shall be the sole responsibility of the CONSULTANT. 4. 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. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. XVI APPLICABLE LAW This Agreement shall be construed and interpreted in accordance with the laws of the State of PW 0410_01 Professional Services Agreement doc Page 6 of 7 (Revised March 2010) Washington, and in the event of dispute the venue of any litigation brought hereunder shall be Clallam County. XVII 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 Budget for Each Task and Consultant Labor Costs Exhibit C Schedule for the Work IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF PORT ANGELES .Azi „f7;,(e_kh, CONSULTANT TITLE: Li APPR WILLIAM E. BLOOK, CITY ATTORNEY ATTEST: VED AS TO FORM: Qzmaii)a/e,A, &IESSA HURD, CITY CLERK PW 0410_01 Professional Services Agreement doc Page 7 of 7 (Revised March 2010) EXHIBIT 'A' SCOPE OF WORK CITY OF PORT ANGELES CIVIC FIELD FACILITY ASSESSMENT March 17, 2010 (Revised March 29, 2010) Description The work shall generally consist of an overall condition assessment of the facility that lists and ranks potential upgrades and improvements based upon associated estimates of probable costs. The assessment shall be documented in a written report that describes each element evaluated, and includes representative photographs, improvement or replacement options, and projected costs. A PowerPoint presentation that includes conceptual graphics and site plans that can be used in public meetings to visually describe the improvements are included. Work performed by subconsultants is as follows: Zenovic Associates Civil Engineers Sparling Inc Electrical Engineers Tornaod- Hellwig Architects I. BACKGROUND DATA COLLECTION This phase evaluates the existing conditions of the facility as described herein. Original and renovation drawings for the facility will be provided to Bruce Dees Associates if they are available. If drawings are not available, the condition assessment will be based upon field visits only. The specific scope of work is as follows: 1. Meeting #1 Meet with representatives from the City on site to: a. Review schedule and administrative procedures for correspondence, contact information, payment submittals, etc. b. Determine goals and objectives of the assessment process. 2. Inventory of existing elements and conditions for the facility, divided into the following headings: a Athletic Field includes football soccer and baseball playing field, including skinned area of the baseball field, field drainage, area drainage, and existing irrigation system. b Athletic Field Accessory Elements features that are essential to game, match, and practice activities on the athletic field including dugouts, backstop, bullpens, scoreboard, etc. c Sportslighting includes assessment of the age of existing equipment, lighting uniformity, adequacy of existing power supply, existing operational costs, and issues related to maintenance and equipment replacement. 1 of 3 03/29/1U d Football Stadium includes locker rooms, interior spaces, concessions, restrooms, storage, hot water delivery system (boiler), spectator seating, PA system, general lighting, and general cosmetic improvements (painting, new railings, etc.). e Baseball Stadium includes spectator seating and access, pressbox, PA system (if required). f General Facility Elements includes landscaping and grounds maintenance, general area lighting, slope stability on north side of site, ADA access, emergency and safety elements, and general site access. II. ANALYSIS AND DEVELOPMENT OF OPTIONS 1. Assess the conditions of all elements described in the Background Data Collection and develop options for improvements. Establish a hierarchy of options based upon cost and quality that can be used to prioritize improvements in future phases 2. Develop comparisons of the costs for maintaining natural turf, i.e. natural turf vs synthetic turf. Prepare a cost benefit analysis of revenue impacts between existing and improved conditions, as well as evaluation of the long term cost savings of replacing the existing sportslighting vs. maintenance and repair of the existing system. 3. Meeting #2 Review assessment results and development options with City, obtain feedback on work to date, establish final criteria for completing this section. This meeting will take place via teleconference. III. ASSESSMENT REPORT 1. Create an assessment report that itemizes all of the elements reviewed, includes options for improvements, and anticipated probable cost for construction. 2. Report shall include photographs of existing conditions and graphic drawings showing potential options. 3. Meeting #3 Review report with City at 75% completion via teleconference 4. Meeting #4 Review report with City at 100% completion via teleconference. IV. DELIVERABLES AND GRAPHICS 1. 24" x 36" rendered plan view of the proposed options for the playing field and football baseball stadiums. 2. Sketch elevations of the proposed options for the playing field and football baseball stadiums. 3. PowerPoint presentation of the process and assessment results for City to use in public presentations. 2 of 3 03/29/10 4. Final assessment report including improvement options, phasing options, and estimates of probable construction costs. For the items listed in Exhibit 'B'. Note: No record or as -built drawings of the facility or any of its elements will be required. Provided by Client 1. Site Access Rights -of -entry upon all lands necessary for the performance of the above described Scope of Seivices. 2. Geotechnical Investigation The Client will provide a geotechnical study, if agreed it is needed, for assessment purposes. 3. Environmental Testing of Existing Conditions The Client will provide all necessary environmental testing that may be requited for assessment purposes. 4. Revenue Utility Cost Historical Data The Client will provide annual cost data relating to revenue generated from annual field use under existing conditions, user fee schedule for facility use, annual utility cost data for sportslighting, and annual maintenance costs for the overall facility. This information will be used as a baseline for the evaluations described herein in Section I1 -2 EXTRA WORK 1. Expanded Scope of Work If during the course of the project, the Client elects to expand the Scope of Work design fees for the additional work shall be negotiated. 2. Schedule In the event the schedule is extended by the Client, fees for additional time shall be negotiated. 3 of 3 03/29/10 SCOPE OF WORK GENERAL Specifically, the work will entail the following: EXHIBIT 'B' CIVIC FIELD FACILITY ASSESSMENT TASK LIST AND FEE March 17, 2010 Revised March 29, 2010 The work shall generally consist of an overall Condition assessment of the facility that lists and ranks upgrades and improvements with associated estimates of probable costs. Provide a written report of the assessment that describes each element evaluated, representative photographs, options for improvement or replacement, and projected costs. Include conceptual graphics that can be used in public meetings and displays to visually describe the anticipated improvements. ITEM I Principal .I LA I I LA II I CADD I CLER. I 1. ATHLETIC FIELD ASSESSMENT (Baseball and Football Soccer Fields Combined) 1 Physical Issues Surface Uniformity, Turf Condition 2 2 2 Physical Issues Surface Uniformity, Skinned Area Condition 1 3 Physical Issues Drainage (Field Related) 2 4 Physical Issues Drainage (City Storm System Related) 8 5 Physical Issues Irrigation System 2 6 °rogram Issues User Availability Existing 1 7 Program Issues User Availability Potential 1 Subtotal 0 17 0 0 2 2. ATHLETIC FIELD ACCESSORY ELEMENTS ASSESSMENT (Baseball and Football Soccer Fields Combined) 1 Baseball Backstop Condition, size, materials, height, etc 1 0 2 Baseball Bullpens Condition, location, size 1 3 Baseball Dugouts Condition, location, amenities 1 4 Scoreboard Condition, location, information required 2 5 C oal o coctc :F.st :ac., cost -te- maintain 0 6 Seeker-Goa': Cc-dition, quantity, storage 0 Subtotal 0 5 0 0 0 3. SPORTSLIGHTING ASSESSMENT (Baseball and Football Soccer Fields Combined) 1 Age of existing equipment 2 2 2 Adequacy of Existing Uniformity (Safety) 7 3 Adequacy of existing power supply 1 4 Maintenance ability to obtain parts, cost, replacement background 1 5 Ability of existing standards on roof to accept new fixtures 2 Subtotal 0 13 0 0 2 4. FOOTBALL STADIUM ASSESSMENT 1 Locker Rooms lighting. storage, lockers, toilet and shower facilities, training 8 0 2 Concession Stands Lighting, countertops. storage 2 3 Restrooms number of fixtures, type of fixtures, lighting 2 4 Officials Referees' Locker Room 1 5 Hot Water Boiler and Delivery System 4 6 General Storage 2 7 Ticket Booths 1 8 Spectator Sealing 2 9 Lexan Side Panels 2 o Signage 0 11 Pressboe 0 12 Railings 1 13 PA System 3 14 Spectator Facility Lighting 2 Subtotal 0 30 0 0 0 5. BASEBALL STADIUM FACILITY ASSESSMENT 1 Pressbox 1 2 Spectator Seating 2 Subtotal 0 3 0 0 0 Civic Field Assessment Port Angeles, Wa Bruce Dees Associates 1 of 2 147 -01 01 EXHIBIT 'B' CIVIC FIELD FACILITY ASSESSMENT TASK LIST AND FEE March 17, 2010 Revised March 29, 2010 1 ITEM I Principal .I .......LA I 1 LA II I GADD I CLER. 6. GENERAL FACILITY ELEMENTS ASSESSMENT 1 Site access ADA, condition, location, etc 3 0 2 Slope behind dugout north hillside area 3 3 General painting and cosmetic issues 1 4 General lighting issues parking lot, etc 1 5 General maintenance issues mowing, landscaping, perimeter areas 2 Subtotal 0 10 0 0 0 7. ANALYSIS AND DEVELOPMENT OF OPTIONS 1 Athletic Field Football and Baseball Combined 1 6 2 Prepare and Revise Cost Estimate 1 3 3 Athletic Field Accessory Elements 1 3 4 Prepare and Revise Cost Estimate 1 2 5 Sponslghtm9 1 6 5 Prepare and Revise Cost Estimate 1 4 7 Football Stadium 1 6 8 Prepare and Revise Cost Estimate 1 4 9 Baseball Stadium 1 7 10 Prepare and Revise Cost Estimate 1 2 11 General Facility Elements 1 2 12 Prepare and Revise Cost Estimate 1 2 Subtotal 12 47 0 8. REPORT 1 Develop Draft Report 4 40 6 2 Prepare and Revise Cost Estimate 1 3 2 3 Client Review Meetings a) 75% Review Meeting Minutes Meeting via teleconference 1 2 1 b) 100% Review Meeting Minutes Meeting via teleconference 1 2 1 Subtotal 7 47 0 0 10 9. GRAPHICS AND DELIVERABLES I Concept Options for Facility Plan View Presentation Board 0 4 i Concept Options for Facility Elevations Presentation Board 1 4 Subtotal 1 8 TOTAL HOURS 20 180 Bruce Dees Associates 2 of 2 0 0 The Scope of Work shall be provided for a lump sum amount of $30,000.00 with payments made each month on a percentage of completed work. 0 0 6 0 6 0 12 0 12 14 SUMMARY OF FEES Labor Hours S /Hour Total PRINCIPAL 20 $140.00 $2,800 00 LA I 180 $130.00 $23.400 00 CADD 12 $100 00 $1,200 00 CLERICAL 14 $65 00 $910 00 Labor Subtotal $28,310.00 Estimated Expenses 61,690.00 Total Cost $30,000.00 Civic Feld Assessment Pon Angeles, Wa 14/•01 -01 Exhibit 'C' Project Schedule City of Port Angeles Civic Field Assessment Project Schedule I March Aoril Phase f 29-2 5.9 I 12 -16 I 19 -23 I 26 -30 I. Playing Field Assessment lc A I I Football I Soccer Field and Baseball Field Assessment I I I I Athletic Field Accessory Elements Assessment I I I I I I 1 i 1 II. Sportslighting Assessment i PI' I 1 1 III. Structure Building Assessment I 1 Or I Football Stadium and Baseball Stadium I I I I I General Facility Site Assessment I I I I I I 1 I IV. Analysis and Options Development I h I 1 IV. Report 1 IJ 4 1 Al V. Graphics and Deliverables 1 ;l 4 I I 1 1 c 1 1 1 i. 1 1 I s 1 I z I E 1 7 0 w 1 n I o w l a 1 s 3 m1 c2 u al e 1 Z N O IT 3. N C N fo, 0. aal 4 re 1 c' a o cl co O• Ts i mi O y' E.. v a