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AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MOSCOW, IDAHO AND TD&H ENGINEERING CONSULTANTS FOR ASSESSMENT OF STRUCTURAL INTEGRITY OF WALL CRACKING AT PAUL MANN BUILDING THIS AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MOSCOW, IDAHO AND TD&H ENGINEERING CONSULTANTS FOR ASSESSMENT OF STRUCTURAL INTEGRITY OF WALL CRACKING AT PAUL MANN BUILDING (hereinafter "Agreement"), is made and entered into this day of Ju\ , 2017, by and between City of Moscow, Idaho, a municipal corporation of the State of Iaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"), and TD&H Engineering Consultants, 303 East 2nd A venue, Spokane, Washington, 99202 (hereinafter "ENGINEER"). W I T N E S S E T H : WHEREAS, CITY intends to contract with ENGINEER for completion of Engineering Services for assessment of structural integrity of wall cracking at the Paul Mann Building (hereinafter "PROJECT"); and WHEREAS, it is CITY's intent to hire ENGINEER for a limited inspection of the Paul Mann Building, to provide a recommended remediation narrative, and to provide a reasonable engineer's cost estimate range for PROJECT; and NOW, THEREFORE, it is agreed, for and in consideration of the mutual covenants and promises between the Parties hereto, as follows: SECTION I: THE PROJECT ENGINEER shall provide professional services for PROJECT as outlined in this Agreement in accordance with the terms and conditions of this Agreement for the preparation and completion of engineering services (including two site visits, scope of work and cost estimate, and a final report). SECTION II: COST ESTIMATE An opinion of probable construction costs made by ENGINEER. In probable cost, it is recognized that neither CITY nor ENGINEER has control over the costs oflabor, equipment, or material. The opinion of probable construction costs is based on the ENGINEER's reasonable professional judgment and experience and does not constitute a warranty, express or implied, that the ENGINEER's bids or the negotiated price of the work will not vary from CITY's budget or from any opinion of probable cost prepared by the ENGINEER. SECTION III: SCOPE OF WORK The Scope of Work and level of effort for PROJECT is detailed in Exhibit attached hereto, and by this reference made part of this Agreement. PROFESSIONAL SERVICES AGREEMENT- PAUL MANN BUILDING TD&H ENGINEERING CONSULTANTS AND CITY PAGE 1OF8 -:?-0\7-DSO ---PAGE BREAK--- SECTION IV: COMPENSATION A. ENGINEER shall perform all work necessary to complete PROJECT for an amount not to exceed Five Thousand Dollars ($5,000) per the fee and rate schedule as set out in Exhibit B. Other Considerations Regarding Fees and Costs. ENGINEER shall provide invoices for the work completed which shall be reviewed by CITY. The determination of percent of PROJECT work completed shall be made by CITY. SECTION V: ENGINEER RESPONSIBILITIES ENGINEER shall complete the entire work on PROJECT. Such work shall be conducted in a good and workmanlike manner which meets or exceeds industry standards and building code requirements. ENGINEER shall report progress no less than once every two weeks to CITY. SECTION VI: CITY RESPONSIBILITIES CITY, at no extra charge to ENGINEER, shall: Provide site and plot plans, site utilities, and building drawings, if available; and Removals for destructive investigation, if applicable; SECTION VII: PROJECT SCHEDULE ENGINEER shaU achieve substantjal compl.etion of evaluation study of PROJECT oa or before I sy 2017 and final completion of PROJECT on or before Lt t" 2017. fn the event of unavoidable delays beyond ENGINEER s control, ENGINEER upon concurrence by the CITY, shall be granted a reasonable extension. The length of extension(s) due to such delay(s) shall be as determined by CITY. CITY shall be notified of such delay(s) or potential delay(s) within two working days of ENGINEER's knowledge of such delay(s). SECTION VIII: INDEPENDENT CONTRACTOR The contracting Parties warrant by their signatures that no employer/employee relationship is established between ENGINEER and CITY by the terms of this Agreement. It is understood by the Parties hereto that ENGINEER is an independent contractor and, as such, neither it nor its employees, if any, are employees of CITY for purposes of tax, retirement system, social security (FICA) withholding. SECTION IX: TERMINATION A. Termination of Agreement. This Agreement may be terminated by ENGINEER upon thirty (30) days' written notice, should CITY fail to substantially perform in accordance with its terms through no fault of ENGINEER. PROFESSIONAL SERVICES AGREEMENT- PAUL MANN BUILDING TD&H ENGINEERING CONSULT ANTS AND CITY PAGE20F8 ---PAGE BREAK--- CITY may terminate this Agreement upon thirty (30) days' written notice, without cause and without further liability to ENGINEER except as designated by this section. In the event of termination, ENGINEER shall be paid for services performed to termination date, including direct expense and including a percentage of the fixed fee based upon the work completed. B. Termination of PROJECT. If any portion of PROJECT covered by this Agreement shall be suspended, abated, abandoned, or terminated, CITY shall pay ENGINEER for the services rendered to the date of such suspended, abated, abandoned, or terminated work; the payment to be based, insofar as possible, on the amounts established in this Agreement or, where the Agreement cannot be applied, the payment shall be based upon a reasonable estimate as mutually agreed upon between the Parties as to the percentage of the work completed. SECTION X: INSURANCE A. ENGINEER's Errors and Omissions Insurance. In performance of professional services, ENGINEER will use that degree of care and skill ordinarily exercised under similar circumstances by members of the engineering profession; and no other warranty, either expressed or implied, is made in connection with rendering ENGINEER's services. Should ENGINEER or any of ENGINEER's agents or employees be found to have been negligent in the performance of professional services from which CITY sustains damage, ENGINEER has obtained Errors and Omissions Insurance in the amount of Five Hundred Thousand Dollars ($500,000), and said insurance shall be held active for a two year (minimum) period from the date of completion of PROJECT. CITY shall receive notice of any pending termination of said insurance within five days of first notice to ENGINEER. B. ENGINEER's Additional Insurance ENGINEER shall maintain Automobile Insurance and Statutory Workmen's Compensation Insurance coverage, Employer's Liability, and Comprehensive General Liability Insurance coverage. The Comprehensive General Liability Insurance shall have a minimum limit of Five Hundred Thousand Dollars ($500,000) per claim and One Million Dollars ($1,000,000) aggregate, and ENGINEER shall cause CITY to be named as an additional insured under said policy. SECTION XI: HOLD HARMLESS/INDEMNIFICATION In addition to other rights granted CITY by the Contract Documents, ENGINEER shall indemnify and save harmless CITY, its officers and employees, from all suits, actions, or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of the operations of ENGINEER or its subcontractors; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of ENGINEER or its subcontractors; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree. PROFESSIONAL SERVICES AGREEMENT- PAUL MANN BUILDING TD&H ENGINEERING CONSULTANTS AND CITY PAGE3 OF8 ---PAGE BREAK--- SECTION XII: CONFLICT OF INTEREST ENGINEER covenants that it presently has no interest and will not acquire any interest, direct or indirect, in PROJECT which would conflict in any manner or degree with the performance of its services hereunder. ENGINEER further covenants that, in performing this Agreement, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this Agreement, ENGINEER shall immediately disclose such conflict to the PROJECT Manager (Assistant Parks and Recreation Director for CITY). SECTION XIII: ENTIRE AGREEMENT, MODIFICATION, AND ASSIGNABILITY This Agreement and the exhibits hereto contain the entire agreement between the Parties, and no statements, promises, or inducements made by either party, or agents of either party are valid or binding unless contained herein. This Agreement may not be enlarged, modified or altered except upon written agreement signed by the Parties hereto. ENGINEER may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder other than as contemplated by this Agreement, without the prior written consent and express authorization of CITY. SECTION XIV: ADHERENCE TO LAW REQUIRED All applicable Federal, State, and local statutes and regulations are hereby made a part of this Agreement and shall be adhered to at all times. Violation of any of these statutes or regulations by ENGINEER shall be deemed material and shall subject ENGINEER to termination of this Agreement for cause. No pleas of misunderstanding or ignorance on the part of ENGINEER will in any way serve to modify the provisions of this requirement. ENGINEER and its surety shall indemnify and save harmless CITY and its employees, agents, engineers and representatives against any claim or liability arising from or based on the violation of any such laws, codes, ordinances, or regulations, whether by ENGINEER, ENGINEER's employees, or its subcontractors. SECTION XV: NON-DISCRIMINATION ENGINEER shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, gender, pregnancy, national origin, ancestry, age, marital status, veteran status, disability, sexual orientation, genetic information, or any other basis prohibited by Federal, State, and local law. SECTION XVI: LEGAL FEES In the event either party incurs legal expenses to enforce the terms and conditions of this Agreement, the prevailing party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit. SECTION XVII: JURISDICTION AND VENUE This Agreement shall be construed in accordance with and shall be subject to the laws of the State of Idaho and that the venue of any such action shall be the Second Judicial District of the State ofldaho in and for Latah County. PROFESSIONAL SERVICES AGREEMENT- PAUL MANN BUILDING TD&H ENGINEERING CONSULTANTS AND CITY PAGE40F8 ---PAGE BREAK--- SECTION XVIII: SPECIAL WARRANTY ENGINEER declares that no improper personal, political or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion, or negotiation leading to the award of this Agreement. Any such activity by ENGINEER shall make this Agreement null and void. SECTION XIX: COMMUNICATION Such communications as are required by this Agreement shall be satisfied by mailing or by personal delivery to the Parties at the following address: Contractor: TD&H Engineering Consultants Tony E. Stenlund, PE, SE 303 East 2nd A venue Spokane, Washington 99202 (509) 622-2888 City: Asst. Parks and Recreation Director City of Moscow 206 East Third Street P 0 Box 9203 Moscow, Idaho 83843 SECTION XX: EXECUTION IN WITNESS WHEREOF, said ENGINEER and CITY have caused this Agreement to be executed on the day and year first above written. ENGINEER TD&H Engineering Consultants ð I_,__IIIII f(?ny E. Stenlund, PE, SE Principal in Charge CITY ACKNOWLEDGMENT ST A TE 0 F County of S On this 4'ay of , 2017, before me, the undersigned, a Notary in and for said State, personally appeare ony S nl nd known to me to be the person whose name is subscribed to the foregoing Agreement and a nowledged to me that he executed the same in his capacity as Principal in Char e for TD&H Engineering Consultants. PAGE5 OF8 ---PAGE BREAK--- EXHIBIT Thnmu, Duan Be H0&kin.11, Jnc. I VIA EMAIL David Schott [EMAIL REDACTED] TD&H Assistant Parks and Recreation Director City of Moscow Parks and Recreation Moscow, ID T RF.: Revised Fee Proposal for Paul Mann Building- Structural Inspection Dear Mr. Schott, June 26, 2017 As requested, TD&H Engineering is submitting this revised proposal for structural engineering services. Our proposal is based on the project critL'Tia, scope of services, deliverables, and assumptions made as desc1ibed in the following sections of the proposal. Please review and let us know if we need to modify this proposal. Project Criteria: The Paul Mann Building located at 221 E Second Street in Moscow Idaho, has numerous cracks in the CMU walls. A structural evaluation has been requested. Scope of Services: Item #1 Perform an inspection of the exterior and interior walls, as well as the roof. Item #2 Evaluate findings and prepare a report with recommendations for remediation. Item #3 Provide an engineer's cost estimate for remediation. Item #4 Attend a meeting to discuss the report. Item #5 Contingency- Until the inspection and evaluation occur, the extent of the analysis/design for remediation and associated engineer's cost estimate are unknown. 303 E 2"'1 Ave. Spokane, WA 99202 * (509)622-2888 *FAX (509)622-2889 PROFESSIONAL SERVICES AGREEMENT- PAUL MANN BUILDING TD&H ENGINEERING CONSULTANTS AND CITY PAGE60F8 ---PAGE BREAK--- 6/26/2017 Revised Fee Proposal for Paul Mann Building Page 2 Del iv er ables: A stamped report will be provided in pdf format. Assumptions: Only areas of the building which are accessible will be inspected Access to the roof and ceiling shall be provided by the client. Testing is excluded If the scope/service is not specifically included herein. the scope/service is excluded. The construction estimate will be based on our experience and may vary from the actual bids provided by contractors. Items such as lead times, material costs, and labor costs vary significantly from job to job depending on numerous factors. Proposed Fees: ID&H Engineers proposes to perform the services outlined in this proposal for a time and materials estimate not to exceed, but with a contingency for all items together. (See attached rate schedule.) Item #1 Item #2 Item #3 Item #4 Item #5 Not to exceed $1,500.00 Not to exceed $1,500.00 Not to exceed $ 700.00 Not to exceed $ 600.00 Contingency- An aggregate contingency for Items #2-#4 Not to exceed $ 700 Thank you once again for the opportunity to provide you this revised fee proposal. Please feel free to contact me with any conunents and/ or questions. Sincerely, Tony E. Stenlund, PE, SE Principal in Charge PROFESSIONAL SERVICES AGREEMENT- PAUL MANN BUILDING TD&H ENGINEERING CONSULTANTS AND CITY PAGE7 0F8 ---PAGE BREAK--- TD&H r TD&H ENGINEERING, INC. 2017 STANDARD RATE SCHEDULE Engineering DESCRIPTION Principal Engineer V Ene:ineer IV Engineer Ill Engineer II Engineer I En11ineer Intern Production Manae:er/Construction Technician Eneineerine Technician Construction Manager Construction Administrator I Lab Technician CAD Drafter II CAD Drafter I Clerical Marketing/ Administrative Assistant Registered Land Surveyor Construction Inspector II Construction Inspector I Survev Partv Chief I Surveyor Surveyor's Assistant Survey Crew Deposition & Court Testimony HOURLY RATE $160.00 5145.00 $130.00 $115.00 $80.00 $75.00 $50.00 $95.00 $95.00 $130.00 575.00 $55.00 $70.00 $50.00 $60.00 $65.00 $115.00 $70.00 $60.00 $85.00 $55.00 545.00 $145.00 $250.00 Vehicle use: $0.51 per mile for City of Moscow, Paul Mann Bldg Project (KMB) In-House Out-of-pocket cost: - c arge at actua cost p us Overtime Charges: Charged at 1.5 times billing rate GPS I Robotic Station Hourly Rate: Nuclear Densometer Rate: Weekly Rate: Daily Rate: Hourly Rate: $30.00 $600.00 $200.00 $70.00 $10.00 PROFESSIONAL SERVICES AGREEMENT- PAUL MANN BUILDING TD&H ENGINEERING CONSULTANTS AND CITY AutoCAO & Speclalty Software CAD Hourly Rates For: Engineering Technicians CAD Drafters Non-CAD Hourly Rate For: Plotter !In-Housel Xerox; Black and White Bond Mylar $0.70 per copy $0.10 per copy $10.00 $1.50 $0.30 I SF $0.90 I SF $3.00 I SF PAGE 8 OF 8