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HomeMy WebLinkAbout5.135 Original Contract1. FROM THE. DESK OF: 'MARIO PAPV.S1-1 CITY CLERK Ptd- 5 f 1 t j4 130- 11 2) 27sit Voo 7 0 3 VII 3I7G.4i„ f ts_cg.-10 ics") g eiv""1144.14 (A4)"A444 1 eri a 17.41,7# 5 0 3 6bce44.11 k-e-"ML- &-14- P. A_DAAJL At46-1A-4-2)4,0-tiTh LoAAiftlio co_f12,, net,esa. )-/0 P OP 4a-i a tA t-A-t i t .tc, eDf--Vr‘3t1- e)‘Aj2j)2A-e" -LIAjlej414 h 61frttll 16"0,411, --12e-4-A; rit cati.' eYt-e 14..Atie.t,(A/ 45 1-6 2 A 4 DESK OF' FROM THE P ARR GMT CLERK 5,13 x-11, /3175. FROM THE DESK P P s:RBI —1 j 11\BIAN CITY CLERK i QUA P- A0` fe-‘44A) ,xW qt- 47,/ /qv V/eed NOTICE IS HEREBY GIVEN that the Port Angeles City Council and the Board of Clallam County Commissioners will hold a joint public hearing on Monday, March 1, 1982 at 7:30 P.M. in the Commissioner's Meeting Room, Clallam County Courthouse, 223 East 4th Street, Port Angeles, Washington. The purpose of the meeting is to review the preliminary drawings for the proposed Convention Center. Public testimony will be taken and all interested citizens are urged to attend. NOTICE OF PUBLIC MEETING Dated this 25th day of February, 1982 aLAr ALA_It Marian C. Parrish City Clerk Distribution: Mayor Councilmembers Board of Clallam County Commissioners Department Heads Manager Flodstrom The Daily News The Chronicle KONP Radio Station KAPY Radio Station 5,135 ;to-Fee:, c C/ 5, 13s NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN that the Board of Clallam County Commissioners and the Port Angeles City Council, in joint session, will hold a public meeting on March 1, 1982, at 7:30 p.m., in the Commissioners' Meeting Room, Clallam County Courthouse, 223 East 4th Street, Port Angeles, Washington. The purpose of this meeting is to review the preliminary drawings for the proposed Convention Center. Public testimony will be taken and all interested citizens are urged to attend. DATED THIS 1 DAY OF BOARD OF CLALLAM COUNTY COMMISSIONERS K ren L. Kir•y C1 -rk of the Boar 1982. Mr. Mike Wilson Administrative Coordinator Clallam County Clallam County Courthouse 223 East 4th Street Port Angeles, Washington 98362 Dear Mike: IOCRIST MECCA OF THE NORTH14EST February 17, 1982 In Forks: the Forks Chamber of Commerce, Mr. Steven Indelicato. The City of Forks, Mayor Warren Paul. S. \3S 140 WEST FRONT STREET PORT ANGELES, WASHINGTON 98362 This letter is a follow up to our conversation of Thursday, February llth, in which we discussed the holding of a public hearing on March 1st to review the preliminary Convention Center drawings. At the close of the conversation, we tentatively agreed that the public hearing would be held at the Clallam County Courthouse, would be a public hearing and would begin at 7:30 P.M. The Clallam County Commissioners and the Port Angeles City Council would meet in joint session. In addition to the required notice of public hearing and public meeting, we also discussed the direct contact either by mail or over the telephone, to groups of people or agencies which we felt would be interested in participating in this public hearing; indicated that if I could provide the names of individ- uals or agencies which I felt should be contacted, that your secretary would proceed to make those contacts. The following is a list of those groups and individuals: In Sequim: the Sequim Chamber of Commerce, Mr. Bob Forshaw and Mr. Jim Carl. The City of Sequim, Mayor Jim Dinan or Mayor Pro -Tem Stan Foster. In Clallam Bay, Seiku, and Neah Bay,efforts should be made to contact people involved in the hospitality industry in those areas, i.e. resort owners. The Port Commissioners should be notified as well as the Port Angeles Chamber of Commerce, Executive Director, Gaye Shannon. Mike, while this list may not be complete it can be used to supplement your list in terms of reaching as many people as possible. Hopefully, notification of these groups as well as in the local newspaper will alert the hospitality industry to this meeting and they will be attending. Page two Mr. Mike Wilson RE: Convention Center February 17, 1982 Hopefully, you and I will have an opportunity to get together between now and March 1st to establish an agenda for the meeting after which I will con- tact Don Jewell and Gordon Edberg to make arrangements for their presence at the March 1st public hearing. DTF /j g Sincerely, David T. Flodstrom City Manager CITY OF PORT ANGELES Architects Engineers'Planners 3025 One Union Square Seattle WA 98101 206 625 0666 lz m February 10, 1982 e. ELLERBE ARCHITECTS ENGINEERS Statement 8181 811 -01 Professional Services Port Angeles Community /Convention Center Study Commission Number 8181 -811 Direct Personnel Expense Current To Date from 11/14/81 through 01/23/82 $3979.11 x 2.5 $9,947.78 $9,947.78 Reimbursable Charges Travel 59.70 59.70 Telephone 8.25 8.25 s Total Billing $10,015.73 $10,015.73 Less Payments Received 0 0 Requested on Account $10,015.73 $10,015.73 thank you.... Ellerbe Associates, Inc Ellerbe Architects Engineers Ellerbe Architects Engineers, Inc. Offices In: Austin TX Bloomington MN Columbia MO Fairbanks AK New Orleans LA Seattle WA Washington DC x,135 Architects Engineers Planners 3025 One Union Square Seattle WA 98101 206 625 0666 53Eller February 10, 1982 Dear Mr. Flodstrom: Sincerely, Mr. David Flodstrom, P.E. City Manager City of Port Angeles P.O. Box 1150 Port Angeles, Washington 98362 RE: Port Angeles Community /Convention Center Commission Number 8181 -811 ,�v L. is _i J5 Gordon H. Edberg Partner Enclosed is our statement number one for professional services on the above referenced project. The hours represent the necessary time spent for schematic design and study through the 23rd of January. If you have any questions regarding the attached, please advise. Ellerbe Associates, Inc. Ellerbe Architects Engineers Ellerbe Architects Engineers, Inc. Offices In Austin TX Bloomington MN Columbia MO Fairbanks AK New Orleans LA Seattle WA Washington DC AGREEMENT This AGREEMENT is made this day of Vein/WM..- 19E1, by and between the CITY OF PORT ANGELES, a municipal corporation of the state of Washington (hereafter "City"), and ELLFM3E ARCHI- TECTS ENGINEERS, a Washington partnership (hercaft. r "Ainitoct"). In consideration of mutual promises, covenant1::, conditions of this Agreement, the parties ac2ree z.s PERFORMANCE BY ARCHITECT 1. The Architect agrees to perform the :c11:. 1.1 Review existing drawings and ccI:orts the Owner and investigate the Vern Burton M= 1;1 Ity building to determine expansion and rerodolln• Architect shall be entitled to rely uprn t. documents, and all other information pr,)vi, )y Architect will provide a casual, vi!;la] n an attempt to verify major defects observable. The Architect will not ;)rcvi,.'.: various components of the existing structure, attorney's fees) arising out of or .2.. in haustive inspection, or attempt co c.L.terr:ne if constructed in accordance with any p!ans 1.1.1 The Owner agrees to ind.,:Eniy the Al '11- i; .tion, all claims, damages, losses and exper.z:e to codes or defects in the existinz; tion work as a result of this stuCy wit :1 structural members and foundation sytem). 1.2 Review the Pcrt Anc;c1u,; C.. Study and Pro (heat t.er "Proc;ra") it undr L the City by Event and Facility Consult, and nrk with that c in indentifyinq those portions of thf. Pro■ tb:1; s by remodeling, and those portions whlch 1.3 Prepare preliminary designs for thc rccx,,1c11.1, n ew construction, reflecting the recommended spacial relationsnips identified in the Proqxam. As a part of this preliminary design, the Architect will prepare site development recommendations and exterior design solutions. 1.4 Consistent with the preliminary design, prepare recommen- dations for phasing of the remodeling, and construction, to meet the City's budget, if required, identify alternative methods and systems where applicable; and prepare estimates of probable construction costs for the project, including fixed equipment and site develop- ment. However, because of factors beyond the control of the Architect and the Owner, actual bids or negotiated construction costs may var.,' from estimates of construction costs which Architect may prepare. Accordingly, the Architect does not warrant such estimates during this phase of design work. 1.5 Assist the City in necessary public presentations of the project as described in the preliminary design prepared by the Architect. PAYMENT TO ARCHITECT 2.1 For the work to be performed under the terms of this Agreement, the City shall pay a lump sum, not to exceed Twelve Thousand Nine Hundred Fifty Dollars ($12,950), which includes the items described in this paragraph. This fee shall include all work described in paragraph 1 of this Agreement including all travel expenses and other reimbursable charges necessary to fulfill the terms of this Agreement. 2.2 The basis of calculation of the fee shall be two and one -half times direct personnel expense, plus actual reimbursable charges. 2.3 Direct personnel expense is defined, for the purposes of this paragraph, as the direct salaries of all architect personnel engaged in the project and the cost of their mandatory and customary contributions and benefits related to that salary, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions, profit- sharing, and similar contri- butions and benefits. 2.4 Reimbursable charges include the cost of travel and out- -of-town living expenses, long distance communications, reproduction and mailing, data processing, photo reproduction techniques, and any state or local taxes imposed upon thework of the Architect. TIME OF PERFORMANCE 3.1 The services. to be performed under this Agreement shall be completed within four (4) months of the date of this Agreement. 3.2 If the services covered by this Agreement have not been capable of completion within the term of this Agreement, through no fault of the Architect, the amount of compensation received by the Architect pursuant to paragraph 2.1 shall be equitably adjusted, based upon direct personnel expenses and reimbursable charges incurred by the Architect in performance of the work. EXTRA WORK 4.1 Any additional services beyond the scope of the terms of this contract will be performed upon written agreement thereto by the parties and will be compensated on the basis of two and one -half times direct personnel expense, plus reimbursable charges. METHOD OF PAYMENT 5.1 Architect willbe reimbursed monthly, beginning thirty (30) days after execution of this Agreement. Architect shall submit an itemized invoice to the City for the work performed. Payment by the City shall be full compensation for the work performed and services rendered, and for all supervision, labor, profit, supplies, materials, equipment or use thereof, and for all incidentals necessary to complete the work. 5.2 Payment by the City shall be made within thirty (30) days of the receipt of the billing from Architect. FINAL DESIGN AND CONSTRUCTION 6.1 The time of completion and acceptance by the City of the preliminary designs prepared by Architect, pursuant to paragraph 1 of this Agreement, the City will determine whether to proceed with final design and construction. At that time, the City will consider, prior to awarding a contract for such final design, the knowledge and information developed by Architect in preparation of the prelim- inary design. Preparation of such final design shall be pursuant to a separate agreement between the City and the architect selected for such final design. OWNERSHIP OF DOCUMENTS 7.1 All drawings, prints, plans, field notes, and other related documents prepared or obtained by the Architect under the terms of this Agreement shall become the property of the City. FURNISHING OF DOCUMENTS TO CITY 8.1 The Architect shall furnish to the City ten (10) copies of the preliminary design. ACCEPTANCE OF PRELIMINARY DESIGN 9.1 All materials to be delivered under the terms of this Agreement will be forwarded to the City Manager for inspection and acceptance. All materials shall be furnished in good workmanlike manner, and in accordance with the best customs and standards for such work. The decision of the City Manager whether to accept such material shall be based upon the conformance of the materials to the terms of this Agreement and the customs and standards for such work. The decision of the City Manager shall be final. No payment for any such work forwarded shall be made by the City, until the work is accepted by the City Manager. REVISION OF THE WORK 10.1 Architect shall make such revisions in the materials delivered to the City as are necessary to correct errors attribut- able to the Architect and as required so to do by notification from the City. Revisions of the work requested by the City after acceptance of the work shall be paid for in accordance with paragraph 4, Extra Work. ASSIGNMENT 11.1 This Agreement may not be assigned without express written consent of the City. INDEPENDENT CONTRACTOR 12.1 The Architect is an independent contractor, not an employee or agent of the City. TERMINATION OF AGREEMENT 13.1 The right is reserved by the City to terminate this Agreement at any time upon not less than ten (10) days' written notice to the Architect. 13.2 In the event of the death of any member or partner of the architect firm, the surviving members shall complete the work. 13.3 In the event that the partnership or corporation is dissolved, the signing principal shall complete the work. 13.4 In the event this Agreement is terminated prior to completion, the original copies of the Architect's report, all drawings, prints, plans, and field notes prepared by the Architect prior to said termination shall become the property of the City. 13.5 The Architect shall be compensated for all services per- formed and reimbursable charges incurred prior to receipt of written notice of termination. 13.6 The right is reserved to the Architect to terminate the Agreement at any time upon not less than ten (10) days' written notice to the City if the Architect's work is suspended for more than two (2) months or abandoned in whole or in part. 13.7 In the event this Agreement is terminated under any of its terms prior to completion of the work, a final payment shall be made to the Architect which, when added to any payments previously made, shall total the same percentage of the amount which would have been due if the work had been fully completed, as the work completed at the time of completion bears to the total work required under this Agreement. 13.8 If the total accumulated payments made to the Architect prior to the notice of termination equal the total amount that would be due computed as set forth above, then no final payment shall be due and the Architect shall immediately reimburse the City for any excess paid. ENTIRE AGREEMENT 14.1 This Agreement shall constitute the entire agreement between the parties, and may only be modified by written document, signed by the parties. IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF PORT ANGELES GN, ayor B6c qtE ELL E ARCHITECT ENGINEERS Par ner Mr. Gordon Edberg Ellerbe Associates 3025 One Union Square Seattle, Washington 98101 Dear Gordon: DTF /jg 140 WEST FRONT ST. P.O. BOX 1150 PORT ANGELES, WASHINGTON 98362 I have attached signed copies of the contract between the City of Port Angeles and Ellerbe and Associates for schematic design work on the Port Angeles Convention /Community Center. I realize that the format is somewhat different that the format that you submitted to me, however, the attached contract does include the appropriate sections of concern which were included in the format which you submitted to me. I would ask that you would review the attached contract in detail and contact me at your earliest convenience to indicate if this is accept- able to you. I am looking forward to an opportunity to get together here in Port Angeles for a preliminary waik through of the facility and an in- depth discussion of how best to begin the schematic design phase. If you would select the date on which you would like the meeting in Port Angeles to occur and can inform me of the material you would like the City to have available, we can accomplish a tremendous amount at this first meeting. Again, I apologize for the delay in submitting this contract as we had earlier talked, I had hoped to take it before the City Council on November 17th, but because of concerns on the part of the City Attorney, I was not able to take the attached draft before the Council until December 1st. Please sign both copies of the attached contract and return one signed copy to the City of Port Angeles. Sincerely, cc: Mr. Don Frizzell, Dir. Parks Rec. Mr. Don Jewell, Event Facility Consult. Marian Parrish, City Clerk December 2, 1981 Aj:eies David T. Flodstrom City Manager CITY OF PORT ANGELES 5,35 eQ �o 5.1 al 4.19 AGREEMENT This AGREEMENT is made this i,ak day of 1981, by and between the CITY OF PORT ANGELES, a municipal corporation of the state of Washington (hereafter "City and ELLERBE ARCHI- TECTS ENGINEERS, a Washington partnership (hereafter "Consultant In consideration of the mutual promises, covenants, terms and conditions of this Agreement, the parties agree as follows: PERFORMANCE BY CONSULTANT 1. The Consultant agrees to perform the following work: 1.1 Review existing drawings and reports on, and investigate, the Vern Burton Memorial Community Center building to determine expansion and remodeling potential. 1.2 Review the Port Angeles Convention /Community Center Study and Program (hereafter "Program prepared under contract to the City by Event and Facility Consultants, and work with that consultant in identifying those portions of the Program that can be accomodated by remodeling, and those portions which require new construction. 1.3 Prepare preliminary designs for the remodeling, and for new construction, reflecting the recommended spacial relationships identified in the Program. As a part of this preliminary design, the Consultant will prepare sight development recommendations and exterior design solutions. 1.4 Consistent with the preliminary design, prepare recommen- dations for phasing of the remodeling,'and construction;' to meet the City's budget, if required; identify'alternative methods and systems where applicable; and prepare estimates of probable construction costs for the project, including fixed equipment and site develop- ment. 1.5 Assist the City in necessary public presentations of the project as described in the preliminary design prepared by the Consultant. PAYMENT TO CONSULTANT 2.1 For the work to be performed under the terms of this Agreement, the City shall pay a lump sum, not to exceed Twelve Thousand Nine Hundred Fifty Dollars ($12,950), which includes the items described in this paragraph. This fee shall include all work described in paragraph 1 of this Agreement including all travel expenses and other reimbursable charges necessary to fulfill the terms of this Agreement. 2.2 The basis of calculation of the fee shall be two and one -half times direct personnel expense, plus actual reimbursable charges. 2.3 Direct personnel expense is defined, for the purposes of this paragraph, as the direct salaries of all consultant personnel engaged in the project and the cost of their mandatory and customary contributions and benefits related to that salary, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions, profit sharing, and similar contributions and benefits. 2.4 Reimbursable charges include the cost of travel and out- of-town living expenses, long distance communications, reproduction and mailing, data processing, photo reproduction techniques, and any state or local taxes imposed upon the work of the Consultant. TIME OF PERFORMANCE 3.1 The services to be performed under this Agreement shall be completed within four (4) months of the date of this Agreement. 3.2 If the services covered by this Agreement have not been capable of completion within the term of this Agreement, through no fault of the Consultant, the amount of compensation received by the Consultant pursuant to paragraph 2.1 shall be equitably adjusted, based upon direct personnel expenses and reimbursable charges incurred by the Consultant in performance of the work. EXTRA WORK 4.1 Any additional services beyond the scope of the terms of this contract will be performed upon written agreement thereto by the parties and will be compensated on the basis of two and one -half times direct personnel expense, plus reimbursable charges. METHOD OF PAYMENT 5.1 Consultant will be reimbursed monthly, beginning thirty (30) days after execution of this Agreement. Consultant shall submit an itemized invoice to the City for the work performed. Payment by the City shall be full compensation for the work performed and services rendered, and for all supervision, labor, profit, supplies, materials, equipment or use thereof, and for all incidentals necessary to complete the work. 5.2 Payment by the City shall be made within thirty (30) days of the receipt of the billing from Consultant. FINAL DESIGN AND CONSTRUCTION 6.1 The time of completion and acceptance by the City of the preliminary designs prepared by Consultant, pursuant to paragraph 1 of this Agreement, the City will determine whether to proceed with final design and construction. At that time, the City will consider, prior to awarding a contract for such final design, the knowledge and information developed by Consultant in preparation of the preliminary design. Preparation of such final design shall be pursuant to a separate agreement between the City and the consultant selected for such final design. OWNERSHIP OF DOCUMENTS 7.1 All drawings, prints, plans, field notes, and other related documents prepared or obtained by the Consultant under the terms of this Agreement shall become the property of the City. FURNISHING OF DOCUMENTS TO CITY 8.1 The Consultant shall furnish to the City ten (10) copies of the preliminary design. ACCEPTANCE OF PRELIMINARY DESIGN 9.1 All materials to be delivered under the terms of this Agreement will be forwarded to the Ciy--Managgr_ for inspection and acceptance. All materials shall be furnished in a good workmanlike manner, and in accordance with the best custOms',and standards for such work. The decision of the City° ager whether to accept such material shall be based upon the conformance of the materials to the terms of this Agreement and the customs and standards for such work. The decision of the City Manager shall be final. No payment for any such work forwarded shall be made by the City, until the work is accepted by the City�.Manager. REVISION OF THE WORK 10.1 Consultant shall make such revisions in the materials delivered to the City as are necessary to correct errors attribut- able to the Consultant and as required so to do by notification from the City. Revisions of the work requested by the City after acceptance of the work shall be paid for in accordance with paragraph 4, Extra Work. ASSIGNMENT 11.1 This Agreement may not be assigned without express written consent of the City. INDEPENDENT CONTRACTOR 12.1 The Consultant is an independent contractor, not an employee or agent of the City. TERMINATION OF AGREEMENT 13.1 The right is reserved by the City to terminate this Agreement at any time upon not less than ten (10) days' written notice to the Consulant. 13.2 In the event of the death of any member or partner of the consulting firm, the surviving members shall complete the work. 13.3 In the event that the partnership or corporation is dissolved, the signing principal shall complete the work. 13.4 In the event this Agreement is terminated prior to completion, the original copies of the Consultant's report, all drawings, prints, plans, and field notes prepared by the Consultant prior to said termination shall become the property of the City. 13.5 The right is reserved to the Consultant to terminate the Agreement at any time upon not less than ten (10) days' written notice to the City if the Consultant's work is suspended for more than two (2) months or abandoned in whole or in part. 13.6 In the event this Agreement is terminated under any of its terms prior to completion of the work, a final payment shall be made to the Consultant which, when added to any payments pre- viously made, shall total the same percentage of the amount which would have been due if the work had been fully completed, as the work completed at the time of completion bears to the total work required under this Agreement. 13.7 If the total accumulated payments made to the Consultant prior to the notice of termination equal the total amount that would be due computed as set forth above, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. ENTIRE AGREEMENT 14.1 This Agreement shall constitute the entire agreement between the parties, and may only be modified by written document, signed by the parties. IN WITNESS THEREOF the parties hereto have executed this Agreement as of the day and year first above written. CITY OF PORT ANGELES M ayor 6/ c' Clerk Partner e /aavez42.4 ELLERBE ARCHITECTS ENGINEERS